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ORDER OF THE CITY COUNCILBEFORE THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA IN RE: BANK OF AMERICA/BELLEAIR DEVELOPMENT GROUP, LLC, APPLICANT: LUZ2010-06001/ORDINANCE NOS. 8195-10 AND 8196-10,1475 SUNSET POINT ROAD ORDER OF THE CITY COUNCIL THIS CAUSE came on to be heard at the August 5, 2010 Clearwater City Council Meeting on Case No. LUZ2010-06001/Ordinance No. 8195-10, amending the future land use map from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) classification and 8196-10, amending the zoning atlas of the City by rezoning from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District, for a portion of the property located at 1475 Sunset Point Road, consisting of unplatted land in NW Y4 of SW % of Section 2, Township 29 South, Range 15 East, and part of Lot 9, Brentwood Estates. The matter was properly noticed and advertised pursuant to Community Development Code Section 4-206. The City Council conducted its review of the future land use map amendment request using the procedure specified in Community Development Code Section 4-603E. and the standards for review set forth in Section 4-603F. The City Council conducted its review of the rezoning request using the procedure specified in Community Development Code Section 4-602E. and the standards for review set forth in Section 4-602F. The Staff Report was presented by Planner 11 Catherine L. Lee. Planning Director Michael L. Delk and Assistant Planning Director Gina L. Clayton also addressed the City Council. The Record of the quasi-judicial hearing held before the City's Community Development Board [CDB] and recommendation of the CDB issued pursuant to Community Development Code Section 4-602D. was received by the City Council and is attached hereto and incorporated herein by reference. The City Council heard comment or argument from the representative of the applicant and the proposed lessee of the applicant. The applicant submitted one exhibit. One member of the public spoke in favor of the application. After hearing and considering the evidence, the City Council makes the following findings: Findings of Fact 1. This future land use map amendment application and zoning atlas amendment application involves 1.23 acres of an approximately 1.52-acre parcel located on the south side of Sunset Point Road approximately 150 feet west of North Highland Avenue. The subject property has Future Land Use Map classifications of Residential/Office General (R/OG) and Residential Urban (RU) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Commercial General (CG) classification and the zoning district to the Commercial (C) District. Currently 0.29 acres of the subject property have commercial future land use and zoning classifications. 2. The subject property is located on the section of Sunset Point Road between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single-family residences, multi-family residences, retail, 2 restaurants, offices, and a gas station. To the north and south are single-family homes with a future land use map category of Residential Urban (RU) and zoning district of Low Medium Density Residential (LMDR). To the east is an automobile service station use with a future land use map category of Commercial General (CG) and a Commercial (C) zoning district. To the west are nonconforming retail and printing shop uses with a future land use map category of Residential/Office General (R/OG) and Office (O) zoning district. Sunset Point Road west of Highland Avenue is primarily residential with some office, neighborhood retail, and institutional uses. 3. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closing of a Bank of America branch at the site. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive-through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. This land use map amendment and rezoning application was not accompanied by an application for site redevelopment and therefore no use is currently formally proposed. The applicant submitted as an exhibit an unsigned lease with a proposed "dollar general store" business tenant. 4. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55 and the proposed Commercial (C) zoning district primarily permits indoor recreation/entertainment, offices, overnight accommodations, restaurants, retail sales, and vehicle sales/display uses. 3 5. Clearwater Comprehensive Plan Policy A.2.2.3 provides: 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 .... 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. Policy A.5.5.1 provides: Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Objective A.6.2. provides: 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 development. 6. The Pinellas County Countywide Plan Rules, Section 2.3.3.5.4., specify that the purpose of the proposed Commercial General plan category is to depict those areas of the County that are now developed, or are appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services, and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The category is appropriate to locations in and adjacent to activity centers where surrounding land uses support and are compatible with intensive commercial uses, and in areas in proximity to and with good access to major transportation facilities, including mass transit. 4 7. Community Development Code Section 4-603, Comprehensive plan amendments, provides as follows: A. Purpose and applicability. The city commission is hereby authorized to amend the text of the City of Clearwater's Comprehensive Plan and the Future Land Use Map in accordance with the procedures in this section and Florida law. B. Application requirementsrnitiation. 1. An amendment to the City of Clearwater's Comprehensive Plan and the Future Land use map may be initiated by the city commission, the community development board or the city manager. An amendment to the future land use map may be proposed by the owner of the property or his representative which is the subject of the amendment. An amendment to any other element of the plan may be proposed by an owner of property who has applied for development approval when an amendment to the plan appears necessary to resolve a conflict between one or more provisions of the plan and the application for development approval. 2. An application shall be submitted in a form provided by the community development coordinator, setting forth the purpose, scope and provisions of the proposed amendment. An application for a comprehensive plan amendment which does not affect an individual parcel of land, shall be accompanied by such data and analysis as would be required to support such an amendment under Florida Statutes. An application for a comprehensive plan amendment which does affect an individual parcel of land shall include the basic information required in Section 4-202(A), the fee required in Section 4-202(E) and the following: a. The proposed city future land use map classification or text amendment. b. An assessment, conducted in accordance with specific requirements of the community development coordinator, of the impact of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the city. 5 c. Such other information as may be required to demonstrate the proposed amendment complies with the standards set forth in 4-603(F). C. Staff review and report. After the community development coordinator has reviewed the application with the development review committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy of the applicant, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in accordance with the requirements of Section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in Section 4-603(F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of Section 4-206 in order to determine if the proposed amendment should be transmitted to other agencies and governmental entities for review if required by Florida Statutes. If transmittal to other agencies is required, the city commission shall conduct another public hearing after such transmittal in accordance with the provisions of Section 4-206 in order to determine if the proposed amendment should be adopted. In acting on a proposed amendment, the city commission may accept, accept with modifications or conditions, or reject the proposed amendment. F. Standards for review. No amendment to the comprehensive plan or future land use map shall be approved unless it complies with the following standards: 6 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. 8. Community Development Code Section 4-602, Zoning Atlas amendments, provides as follows: A. Purpose and applicability. It is the purpose of this section to establish a procedure for amending the Zoning Atlas of the city in accordance with Florida Statutes. B. Applicationfinitiation requirements. An application for an amendment of the Zoning Atlas of the city may be initiated by the city commission, the community development coordinator, the community development board and by any person in conjunction with an application for development approval. Proposed Zoning Atlas amendment applications shall include such information as is applicable in Section 4-202(A) and the fee required by Section 4-202(E). C. Staff review and recommendation. After the community development coordinator has reviewed the application with the development r3eview committee in accordance with the provisions of Section 4-202(C) and (D), he shall send a written report and recommendation to the community development board, with a copy to the applicant, if any, setting forth whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. D. Community development board review/recommendation. Upon receipt of the recommendation of the community development coordinator, the community development board shall conduct a public hearing on the application in 7 accordance with the requirements of Section 4-206 and issue a recommended order to the city commission setting forth the board's findings in regard to whether the proposed amendment will satisfy the standards set forth in Section 4-602(F) and may include any proposed modifications or conditions to the proposed amendment. E. City commission review/decision. Upon receipt of the recommended order of the community development board, the city commission shall conduct a public hearing in accordance with the provisions of Section 4-206 and shall approve, approve with conditions or deny the amendment. Upon adoption of an ordinance amending the Zoning Atlas, the Zoning Atlas shall be deemed amended as of the effective date of the ordinance. The community development coordinator shall revise and may republish from time to time the Zoning Atlas or portions thereof as amended, but a failure to revise or republish shall not affect the validity of any ordinance amending the Zoning Atlas. F. Standards for review. No amendment to the Zoning Atlas shall be approved unless the city commission finds that such amendment complies with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the comprehensive plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the city. 4. The amendment will not adversely or unreasonably affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. 8 9. The Community Development Board reviewed this application at its meeting of August 3, 2010. A motion was made by the Board to recommend denial of the application based upon findings of fact and conclusions of law. The motion passed by a vote of four to three. Conclusions of Law 1. The Sunset Point Road corridor west of Highland Avenue is not an area that is developed or is appropriate to be developed in a way that provides community and countywide commercial goods and services. The site is not located in or adjacent to an activity center or major transportation facility. 2. The property does not meet the purpose or locational characteristics set forth in Countywide Plan Rule 2.3.3.5.4. for the Commercial General (CG) designation. 3. The proposed future land use category is not appropriately located, as proposed commercial uses are incompatible with single-family uses and other low-intensity uses in the surrounding area. A less intensive use, such as multi- family or office, would be more appropriate located, as here, contiguous to single-family homes and would be a better fit with the character of Sunset Point Road west of Highland Avenue. The property is most suited to office, neighborhood retail, and institutional uses and not commercial uses that generate citywide or countywide residents. 4. The potential extension of intensive commercial uses along the predominantly residential corridor could negatively impact adjacent neighborhoods. 9 5. The proposed future land use amendment and rezoning would allow for additional uses not allowed under the property's current future land use and zoning designations, some of which are incompatible with the surrounding environment and envisioned character of the neighborhood. 6. The proposed future land use and zoning designations are not in character with the overall future land use map and zoning designations in the area, and are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. 7. The proposed future land use amendment and rezoning are inconsistent with the goals, objectives, and policies of the Clearwater Comprehensive Plan, in particular Policies A.2.2.3 and A.5.5.1 and Objective A.6.6.2. 8. Pursuant to Community Development Code Section 4-603E., no future land use amendment shall be approved unless the City Council finds that the amendment complies with each and every standard 1. through 6. Because based upon the above Findings of Fact the application fails to comply with each and every standard, and in particular does not comply with the standards set forth in Section 4-603E.1. and 3., the City Council hereby determines that the application in Case Number LUZ2010-06001 for future land use map amendment is DENIED. 9. Pursuant to Community Development Code Section 4-602F., no zoning atlas amendment shall be approved unless the City Council finds that the amendment complies with each and every standard 1. through 6. Since the City 10 Council denied the application for future land use map amendment, substantial competent evidence presented to the City Council demonstrated that the application for rezoning does not comply with the standard set forth in Section 4- 602F.1. Therefore, the City Council hereby determines that the application in Case Number LUZ2010-06001 for zoning atlas amendment is DENIED. Frank V. Hibbard Mayor Approved as to form: -kll Leslie K. Doug I Sides Cy t is E. Goudeau Assistant City rney Ci lerk CP 01 11 cve' LU2 aoio-oLoo? PETITION IN SUPPORT As a neighbor closely located to the former Bank of America site at 1465 Sunset Point Road, I support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010-06001, to allow general commercial uses. Thank you. NAME ADDRESS DATE /ytZ-?15pr? n c, 14nL-:- 7- )VK?&- &E: /Ulffv !Gz kJ H t c-t4 o use I $S 1 F40 A4 z-ov 7 - /s /a 337 t?•?• ..e. As a neighbor closely located to the former Bank of America site at 1465 Sunset Point Road, I support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010-06001, to allow general commercial uses. Thank you. NAME ADDRESS DATE &W" ?E4d I Ito 11f So S u nSel 9-15-10 1 -1 I%• a ? • As a neighbor closely located to the former Bank of America site at 1465 Sunset Point Road, I support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010-06001, to allow general commercial uses. Thank you. i c DATE 1426 su t2j -I- / C?- 40 7111 l1 Name and date of meeting(s): CDB: 07-20-10: CCI: 0805-10: CC2: 10-21;10 AFFIDAVIT OF MAILING-NOTICES STATE OF FLORIDA COUNTY OF PINELLAS Before me, the undersigned authority, personally appeared Nicole S e to me well known, who says: 1. I am employed by the City of Clearwater, Florida, in the office of the City Clerk, and in that capacity, my duties include the mailing of certain notices as required by Florida law or the ordinances of the City of Clearwater. 2. 04 -210 I personally mailed a copy of a public hearing notice (a copy of which is attached hereto as Exhibit A) to each person listed on Exhibit B attached hereto, at the address shown thereon, thereby giving such persons notice of the public hearing to be held with respect to case number(s) LUZ2010-06001 NI; FdA-&V-r-164 11 A an Signature Subscribed to and sworn before me this day of 2010. Notary. Public Print Name wrr?$ Egg; p?nber 20, 2G1" . gpndedTlMllNat?Ylh :.4BIp,Y?eEos??'. ??f?.'?'?IR•!n'?:. <?e•' .:? s,.:°rp.?,rrr . CITY OF CLEARWATER PUBLIC HEARING NOTICE LAND USE PLAN AND ZONING ATLAS AMENDMENTS ORDINME L195 40 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW 114 OF SW % OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, S PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD, FROM RESIDENTIAIJOFFICE GENERAL (R/OG) AND RESIDENTIAL URBAN (RU) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. E NO, 196-10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW 1/4 OF SW % OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, S PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD, FROM OFFICE (O) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR), TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. Schedule Public MIJEW. Tuesday, July 20, 2010 before the Community Devello fft Board, at 1:00 P.M. Thursday, August 5, 2010 before the City Council (1 Reading), at 6:00 p.m. Thursday, October 21, 2010 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida. (Bank of America) LUZ20104MM Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning and Development Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasHudicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testily, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB meeting, staff repots and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning and Development Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal. The City of Clearwater. Florida, proposes to adopt the following ordinances: Michael Delk Planning and Development Director City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 r. r Cynthia E. Goudeau, MMC City Clerk Y U E NG NT THIS NOTICE IF YOU ARE E A PLICANT OR OWN PROPERTY WITHIN 200 FT O E SUBJE PROPERTY A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE. SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. To learn more about presenting. to Clearwater boards and City Council, go to httE/Iclgprwaftr.granicus.com/ViewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 07108110 S 10109110 PAM DUBOV, CFA, CAE Pinellas County Property Appraiser www.pcpao.org pam OQpcpaO.org Run Date: 01 Jul 2010 Subject Parcel: 02-29-15-00000-320-0200 Radius: 500 feet Parcel Count: I.W 112. Note: Parcels with protected address status are not included in this report. Total pages: 5 Public information . is furnished by the Property Appraiser's Office and must be accepted by the recipient with the understanding that the information received was developed and collected for the purpose of developing a Property Value Roll per Florida Statute. The Pinellas County Property Appraiser's Office makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability or suitability of this information for any other particular use. The Pinellas County Property Appraiser's Office assumes no liability whatsoever associated with the use or misuse of such information. ® MAIN BRANCH- Comm m 315 Cowl SL - 2~ Floor CkwwaW, FL 33756 MAIL: PO Box 1957 Ckwwater, FL 33757 TEL: (727) 464-3207 FAX: (727) 464-3448 HEARM IWRAMM: (727) 4643370 E1ff.MPrA N8: TEL: (727)464-3294 FAX (727) 4643408 CommCIM. APPRAMU: TEL: (727) 464-3284 RLuDrmnAL A"%AK 1s: TEL: (727) 4643643 (Cli) O NORTH COUNTY ? TYRONE (SOUTH) UM-COUNTY 29269 US Hovrq 19 N 1800 66TM SL N CLTFGMM SERVICE CDMM - WALK-IN C1wwsW, FL 33761 St. Pda*wL FL 33710 .13025 swe"y Rd., largo (rix Consaw) TEL: (Tt7) 460-M TEL: (727) 582-7652 TANGIBLE PERSONAL PROPERTY FAX: (727) 4648794 FAX: (727) 582.7610 TPP 7M: (727) 464-8494 TPP FAX: (727) 464-84U MAO.' PO Box 1957 - Ckww0a, FL 33757 BASIAGA, HELENA EST BASIAGA, HELENA T BOHNSACK, BRADLEY S C/O HORBOTOWICZ, WALTER CIO HORBOTOWI WALTER 1438 SUNSET POINT RD 314 S MAYWOOD AVE 314 S MAYWOQ AVE CLEARWATER FL 33755-1536 CLEARWATER FL 337654220 CLE4RWATE 33765-4220 NISIROS INC DAUBER, META F J M A INVESTMENTS III LLC 1844 N HIGHLAND. AVE 1430 THAMES LN PO BOX 8030 CLEARWATER FL 33755-2138 CLEARWATER FL 33755-2060 CLEARWATER FL 337588030 SINGH, GURSAGAR PUCHOWSKI, KENNETH SCHUMACHER, JUDITH M 1453 SUNSET POINT RD 1451 WILSON RD PO BOX 334 CLEARWATER FL 33755.1537 CLEARWATER FL 33755-2068 CLEARWATER FL 33757-0334 YONT, MICHAEL LOPEZ, YOLANDA SCHLAU PROPERTIES CO YONT, RAQUEL C 1444 SUNSET POINT RD 3820 TAMPA RD # 102 1449 SPRING LN CLEARWATER FL 33755-1536 PALM HARBOR FL 34684-3609 CLEARWATER FL 33755.2046 NEAL, PATRICIA V AYNAT, CASIE LYNN FUEGEL, ADAM B 1460 SUNSET POINT RD 391 DUNCAN LOOP W APT 201 1441 THAMES LN CLEARWATER FL 33755-1536 DUNEDIN FL 346W1317 CLEARWATER FL 33755-2061 WHITTINGTON. RONALD A COLSON, BOOKER T FINKLE, LARRY 1444 SPRING LN COLSON, HONGSUN 1034 ROUNDSTONE PL CLEARWATER FL 33756-2045 1432 SUNSET POINT RD PALM HARBOR FL 34683-1461 CLEARWATER FL 33755-1536 CARON, DWAYNE A SHIELDS, SCOTT T SKEIE, JAMES 648 HFATHERV400D CT 1959 ATLANTIS DR 1849 FLORA LN TARPON SPRINGS FL 34688-7262 CLEARWATER FL 337634506 CLEARWATER FL 33755-2016 POLLACK, LOREN M THE ZABAWA, JOHN J GEBE, SHERI A SCHER, H SARA THE 1926 FLORA RD 1448 SPRING LN 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33755.1518 CLEARWATER FL 33755-2045 CLEARWATER FL 337614490 RENZ, ERIK DEUTSCHE BANK NATL TRUST CO THE LOVEWELL, ERIC W RENZ, AMANDA S 1900 N HIGHLAND AVE LOVEWELL, SHANNON C 1434 THAMES LN CLEARWATER FL 33755-1519 1914 FLORA RD CLEARWATER FL 33765-2060 CLEARWATER FL 33755-1516 THOMPSON. CHYENNE L HERLIHY, VINCENT J GREEN, JOSEPH D 1831 FLORA LN PO BOX 96 GREEN, SHELLY A CLEARWATER FL 33755-2016 SOMERS NY 1058940096 1426 THAMES LN CLEARWATER FL 33755-2060 5.... -.,.'mw .. .. ... °," ?.'ISSN:`x`?rs'?]iPk'+'RRT?RCIW!4.•. YOUSSEF M HANNA WELLS, SCOTT T FAMILY REV LIVING TRUST BUDKE. STANLEY , ABDELSHAHEED. MARY A 1422 SPRING LN BUDKE. KATHLEEN 1521 ERIN LN 1452 SPRING LN CLEARWATER FL 33759 CLEARWATER FL 33755-1513 CLEARWATER FL 33755.2045 PAUL M FOSTER DIETZ, MILLARD THE CONTRERAS. MARRA I , FOSTER, NANCY J 1433 WILSON RD CLEARWATER FL 33755-2065 1422 THAMES LN CLEARWATER FL 33755-2080 1901 HIGHLAND AVE CLEARWATER FL 33755-1546 USA ALLISON DRAKE. DAVID W BROUILLETTE. MICHAEL G , CHARLES ALLISON 1845 FLORA LN BROUILLETTE, TUESDAY L . 1445 THAMES LN CLEARWATER FL 33755.2016 1835 FLORA LN CLEARWATER FL 33755-2016 CLEARWATER FL 33755-2061 MARIA M GIRARDO CARSON. KATHLEEN D 1455 SUNSET POINT LAND TRUST . 1450 JOEL LN - 1509 ERIN LN C/O BAKER. LI HSING THE CLEARWATER FL 33755-2022 CLEARWATER FL 33755-1513 1455 SUNSET POINT RD CLEARWATER FL 33755-1537 SHADD. DAVID NICHOLAS CRAIG, BRAN N UNITED PROPERTIES EUROPE LTD 1450 WILSON RD 1433 SPRING LN RENAISSANCE DUNTON RD CLEARWATER FL 33755-2070 CLEAARWATER FL 33755.2046 BASILDON ESSEX SS154BX AMNAY. JOY K LIVING TRUST SURGHARDT. HARRIET TOPALLI. VALON 4870 GRAND PRESERVE PL 1440 WILSON RD XHOKU. ARIJETA PALM HARBOR FL 34684-1027 CLEARWATER FL 33755-2070 1515 ERIN LN CLEARWATER FL 33755-1513 HENDERSON, EDGAR C G & L 527 LLC MAXIM, MICHAEL HENDERSON. ODELIN A 1655 PINE PL MAXIM, SANDRA 1907 N HIGHLAND AVE CLEARWATER FL 33755-1354 1425 SPRING LN CLEARWATER FL 33755-1520 CLEARWATER FL 33755-2046 RomANOSKY, KYLE C PETRUCCI. DANTE J SUNSET POINT PRESCHOOL INC 1439 WILSON RD PEIRUCCI, DORA 1419 SUNSET POINT RD CLEARWATER FL 33755-2066 7 GLENVIEW RD CLEARWATER FL 33755-1537 SOUTH ORANGE NJ 07079-1003 HARGRAVE, IRENE RYDER, DENNIS D SCHURMAN, CAROLE S 1440 SPRING LN RYDF.R MARY JANE 1442 THAMES LN . CLEARWATER FL 33755-2045 2275 CAPRI DR CLEARWATER FL 33755-2080 CLEARWATER FL 33763-2309 MEXICO GRANDE INC RATTRAY. CHRIS RIFO INVESTMENTS LLC C/O COUDOUX. JOHN BEAUDRY, ANNE 2980 TANGERINE TER 1835 ROYAL OAK PL E 29274 COUWrRYWOOD5 LN PALM HARBOR FL 34684-4039 DUNEDIN FL 34698-2430 PALM HARBOR FL 34683 DORAN, MARY PITTFIELD, CHERYL A WATERBURY, ROBERT J PO BOX 1903 FERLAND, JOHN R JR 1904 N HIGHLAND AVE NEW SMYRNA BEACH FL 32170-1903 1436 SPRING LN CLEARWATER FL 33755-1519 CLEARWATER FL 33755-2045 SUTHERLAND, BARRY A MARTIN, HEIDI R BOSWELL. SEAN B SUTHERLAND, CHERYL M 1827 FLORA LN 111 N MYRTLE # 5008 1904 FLORA RD CLEARWATER FL 33755-2016 CLEARWATER FL 33755ASU CLEARWATER FL 33755 BANK OF AMERICA S & S CLEARWATER LLC POLLACK, LOREN M THE ATTN CORP REAL ESTATE ASESSMENT 3333 NEW HYDE PARK RD SCHER. H SARA THE NCI-001-03-81 NEW HYDE PARK NY 11042-1204 C/O KASH N'KARRY #1785 101 N TRYON ST PO BOX 1000 CHARLOTTE NC 28255-0001 PORTLAND ME 04104-0005 DILLON, LOUIS G FREEMAN, KATHLEEN TURNAU, BRADLEY S BENTLEY-DILLON, MARIE N FREEMAN, COLIN J 1919 FLORA RD 725 POINTE CT APT A 412 N MISSOURI AVE CLEARWATER FL 337554517 TALLAHASSEE FL 32308-6175 CLEARWATER FL 33755-4621 YONTECK, MARY LAND TRUST NO 1 MC GUIRK, FRANCIS J POLLACK. LOREN M THE C/O YONTECK, FRED THE MC GUIRK, M EILEEN SCHER, H SARA THE 2831 LANDOVER DR 1438 THAMES LN 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33761-2822 CLEARWATER FL 33755-2060 CLEARWATER FL 33761-3490 RODRIGUEZ, JORGE L CHANCE, THOMAS E THE SAIFI, ALI M RODRIGUE7, OLAGUER 111 CHANCE, IRENE L THE STUART, ARRON T 1301 DUNCAN LOOP N # 303 6145 SUN BLVD #210 1840 N HIGHLAND AVE DUNEDIN FL 34698 ST PETERSBURG FL 33715 CLEARWATER FL 33755-2138 YEISLEY, KAREN KILMARTIN, SHEILA M ST CLAIR, DAWN P 1434 SPRING LN 1430 WILSON RD 1823 FLORA LN CLEARWATER FL 33755-2045 CLEARWATER FL 33755-2069 CLEARWATER FL 33755-2016 PARKER, MARY H WARNOCK. SANDRA L FINKLE, LARRY 1480 SUNSET POINT RD 1508 ERIN LN 1034 ROUNDSTONE PL CLEARWATER FL 33755-1538 CLEARWATER FL 33755-1512 PALM HARBOR FL 34683-1461 DALY, MICHAEL S PISCITELLI, KATHY ALEXANDER DOLAN. RICHARD 1428 SUNSET POINT RD PISCITELLI, LANCE 1915 FLORA RD CLEARWATER FL 33755-1536 1909 FLORA RD CLEARWATER FL 33755.1517 CLEARWATER FL 33755-151.7 BOSWELL, SEAN B CARTER, DEBRA T NORTH HIGHLAND AVENUE 111 N MYRTLE AVE # 5008 1900 FLORA RD 1732 HICKORY GATE DR S CLEARWATER FL 337654536 CLEARWATER FL 33755-1516 DUNEDIN FL 34698-2412 DAVIS. JOHN A 111 JOHNSON, BRIAN P SWEET, JAMES D 1463 WILSON RD DAVIS, CATHERINE J PO BOX 7681 WESLEY CHAPEL FL 3354` 5-0112 CLEARWATER FL 33755.2068 1445 SPRING LN CLEARWATER FL 33755.2046 BERBERI, ELTON R MURRAY, PEGGY A 1841 FLORA LN ?MISTO, GLORIA M LO 1421 SPRING LN CLEARWATER FL 33756-20" CLEARWATER FL 33755-2016 CLEARWATER FL 33755-1536 HERLIHY, CORNELIUS V POLLACK, LOREN M THE H SARA THE SCHER DUNDAS, FRANCES J 1460 WILSON RD HERLIHY. ELIZABETH 1450 THAMES LN , 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33755-2070 CLEARWATER FL 33755-2060 CLEARWATER FL 33761.3490 WHITEHORSE. MAURI(3= H 6726 0 MERLEING LOOP MC CLINTOCK JANE L I 1851 FLORA LN CLEARWATER FL 33756.2016 FLORAL CITY FL 34436-2392 2104 LIONS CLUB CLEARWATER FL 6468 TUCKER, JOHN W DALY, DOLORES E BRIMACOMBE, DEBORAH L 1905 FLORA RD 1427 WILSON RD 19M N HIGHLAND AVE CLEARWATER FL 33755-1517 CLEARWATER FL 33755-2068 CLEARWATER FL 33755.1519 BORNFLI TH, AARON R HARNER, JEFFREY FR BEL R, LOIS J? 1433 THAMES LN FL 33755-2061 1824A LN CLEARWATER FL 33755.2068 CLEARWATER FL 33755 1475 §".NSET POINT RD qs-10 CITY OF LUZ201..-06001 e't `ab - I? APPLICATION FOR Z 6elleair Development O !R. Zoning: PLANNL Atlas #: 261A .-_.-_____---- -,..,. MUNICIPAL SERVICES BUR DING,100 SOUTH MYRTLE AVENUE, 2°d FLOOR PHONE (727) 5624567 FAX (727) 562-4576 APPLICANT, PI?OPER"I DOWNERS, AND AGENT INFORMATION: ??+ APPLICANT NAME: BaQk.aEArMi?iee ?? ?(f ?. `r/ dewlameaLeg,-sed MAILING ADDRESS- Pl=w use agent . MME NUMBER 727-804-1760 FAX NUMBER: PROPERTY OWNERS: "? ~ rl O r (List e1 a wft) AGENT NAME: Todd Pressman MAILING ADDR PO Sox 6015, Palm Harbor, Fl 36684 PHONE NUMB 7x7-804-1760 F,x NUMBER. 1-888-971-1179 STREE r ADDRESS: 1475 Suneet Point Road LEGAL OESCRPTION: Set WM PARCEL NUMBER: 02-99-15-00000-320-0200 EXISTING zoNMIG: C fvti PROPOSED ZONE: C LAND USE PLAN CLASSIFICATION: RIOG RU SIZE OF SITE: 1.52 acres REASON FOR REQUEST: Commercial use I, the undersigned, acknowledge that aN representations made in this application are bw anndAeg ,irate to the hest of my Pres. Pry Assoc., Inc. • STATE OF FLORIDA, COUNTY OF PINELLAS Sw and subscribed before me this. , ? I day of to AD., ?_1? to me and/or r by who is persona known ha produced 9-Y identification. I Notary public, 1 rr?y oommisaion expires: • JARS R. MOLL MY COMMISSION t! DD 887319 EXPIRES: June 20, 2011 Pape 1 of 2 ftb '. 17/?,() I 16/11D +110 l CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANMG DEPARTMENT MUNICIPAL SERVICES BURDING,100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME Bww"nerin 2J E U n &1m DEV4,A-tea K ?e??.1C 2 VP _ LU MAILING ADDRESS: Pieria use agent PHONE NUMBER: 72704-1760 FAX NUMBER: PROPERTY OWNERS: Same (List al owners) AGENT NAME: Todd Pressman MAILING ADDRESS: PO Box 6015, Palm Harbor,Fl 36684 PHONE NUMBER: 727-8041760 ' S SITE INFORMATION: LOCATION: near SWC Sunset Point and Hi hland STREET ADDRESS. 1475 Sunset Point Road LEGAL DESCRIPTION: see SUM PARCEL NUMBER: 02-29-15-00000-320-0200 EXISTING ZONING: PROPOSED ZONING: LAND USE PLAN CLASSIFICATION: SIZE OF SITE: 1.52 acres REASON FOR REQUEST: Commercial use is apnpqL02 FAX NUMBER: I-M-977-1179 STATE OF FLORIDA, COUNTY OF PINELLAS4,, Sworn to and Subscribed before [rte this ;2 day of HA- A.D.,112 o to me and/or by ilLo _ `i EPEs , who is personally, kwmajm produced aS identification. ' Notary my ccr Page 1 of 2 I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. c ? CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT CMCLUDING FUTURE LAND USE MAP AMENDMEN ) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2°d FLOOR PHONE (727) 562-4567 PAX (727) 562.4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: - QL( APPLICANT NAME: BMk-fft r MAIUNG ADDRESS: Please Use Nnt PHONE NUMBER: FAX UMBER: PROPERTY OWNERS: aMMEM 13,2 4C - 0 (List all owners) AGENT NAME: Todd Pressman MAIUNG ADDRESS: P.O. Box 8015, Palm Harbor, Florida PHONE NUMBER: 727-804-1760 FAX NUMBER: 1977-1179 SITE INFORMATION: LOCATION: near SM Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION• 9e4 surv*Y Se(IG1NAL RECUVED PARCEL NUMBER: 02'15••00000-320-0200 SIZE OF SITE: 1.62 acm ca JUN 01 1.010 RAWN& FUTURE LAND USE OEPARm m CLASSIFICATION:PRESENT: PJOG C(i P EQUESTED CG GIrOFG`iISARWATER ZONING CLASSIFICATION: PRESENT O C L REQUESTED. C PROPOSED TEXT AMENDMENT: C (use adcKmnal paper it necessary) 1(We). the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF N LAS representations made in this application Sworn to an cribed before me this day of athe best myl(our) AD., tome by , who is pe naly kn n, as produced ?v +t,?s-'2.as identification. 'SO7 ICA, ¢,t"tf N ti"a JAR® R. my COMMISS DW319 EXPIRES: 20.2011 owner or representative Notary pubpc: s., Presmm 8t Assoc., Inc., AGENT my a mmN sion m0ma: pxqww?l CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT F (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL. SERVICES BUILMSM,100 SOUTH MYRTLE AVENUE, god FLOOR PHONE (727) 562.4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME E3011ltaa 92ir-L1-1-I NO - C-- MAILING ADDRESS: PIeNMse u:lc K- -- -- -- PHONE NUMBER PROPERTY OWNERS: Sl" (lief ON owners) AGENT NAME: Todd.-Presemm MMUNVIG ADDREs& P.O. 0= 6015. Palm Harbor, Florida PHONE NUMBER: 727-804-1760 SITE INFORMATION: LOCATION: near S1MC Sunset Point and Highland STREET ADDRESS: 1475 Sunaet POW Road LEGAL DESCRIPTION: 899 SU PARCEL NUMBER: 02-20-154)0000-320-0200 SIZE OF SITE: 1.52 acres FUTURE LAND USE CLASSIFICATION: PRESENT: RIOG ZONING CLASSIFICATION: PRESENT O PROPOSED TEXT AMENDMENT: IVa (um admordil paper if may) '• 1(We), the undersigned, aduwwkWge that aN rcq"m rltationa made in this application are true and accurate to the beat of my/(Our) knowledge. signsl n of f r Sww"s of properly ow" or r epr?esenfalivs 1 Odd hNNOM Pis., Prs? 6t AMC,. bc., AGENT FAX NUMBER: FAX WMBER: 1-888-977-1179 REQuEsTD: CG ORVvIMU REQUESTED: C gECEnVED u t?I n t 21110 STATE OF FLORIDA, COUNTY OF Swom to and su ed before me this --k day of A , A D..? 20Ib to me by who is personally C knoMm has RMaggg as klen ilic ation. I NNLNtpIIVT pPli M"6.2M4 er.bflAvN0! A&ft M%0m 3 Pressman asd Assoc ,Inca Governmental and Public Affairs P.O. Box 6015, Palm Harbor, FL 34684 727.804-1760, Fx. (888) 977-1179 CELL. 727-8041760, E-MAIL, Pressinc@AOL.Com LETTER OF AUTHOI I2A.TION To The City of Clearwater, Florida: s4 .ti 4 :S Please accept this letter of authority to allow Todd Pressm a, of Pressman and Associates, Inc., to ' represent Re-Zoning and Land Use Amendment applicatio s for the property located at 1475 , Sunset Point Road, Clearwater, Florida. As the property o Mer it is my und75tarding that any application can be withdrawn at any time. Thank you. Bank of America, N.A. By: M RECO Jay ylor JUN 0 8 mU Title: Senior Vice President ???r ?,:, ,. State of: Texas , r County of Dallas x Before me personally appeared Jay Taylor. Seni,S?r Vice l resident .. who, being duly sworn, swears and affirms that the above information is true to th best of his/her knowledge. Signed and sworn before me this c? 9 •N day of M ,_, 2010, ad., who . I pars„orally know"" or produced identification as ' JUDY L MANSON • }rotary PubNe .?y STATE of TEXAS Mt?Canrn. Eft. t16.1b1Z Notary Pub is Pressman aand Assoc ,Inc. Governmental aid Public Affairs P.O. Box 6015, Pahn Harbor, FL 346$4 727-809E-1760, Fx. (888) 977-1179 CELL. 727-804-1760, E-MAIL, Pressinc@AOL.Com LETTER F AUTHUI IZATIQN To The City of Clearwater, Florida: Please accept this letter of authority to allow Todd Pressm :16 of Pressman and Associates, Inc., to represent Re-Zoning and Land Use Amendment apphcadc s for the property located at 1475 Sunset Point Road, Clearwater, Florida. As the property o ?ner it is my understanding that any application can be withdrawn at any time. Thank you. Bank of America, N.A. By: Jay ylor Cost" Mcom Title: Senior Vice President JUN 0 ? 2010 State of- Texas County of Dallas Before me personally appeared lax a or S ViceML49-nt who, being duly sworn, swears and affirms that the above information is true to th best of his/her knowledge. Signed and sworn before me this 6201)_ day of ?N +L , 2010, a.d., who? nally know or produced identification as JUDY L MHLKINfiON Notary Public STATE OF TEXAS W Comm EXP, 05-16-1 Notary Pub is ;+;... -. -4. . t --- Al • A k? Relleair Development Croup Zoning Amendment R on a to Standar s evi w 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective - Due to the bulk-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.5 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited M 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 mahmined and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re-developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West - and has worked fine. Comprehensive planning policy: 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 DEVELOPMENT. A.6.1 Objective _ The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of -J Pg. 21BeNeair redevelopment and special area plans, to won of catalytic private projects, city investment, and continued emphasis on property maintenance standards. The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal wiN bring investment, improvement and a new use to add to the immediate area. 2) There are intensive uses that abut this site. To the immediate East is an existing gasoline station. To the immediate West is a convenience/food store, a printing store and a number of other intensive commercial type enterprises. While residential uses are present across the street, there is a reasonable distance between the uses - approximately 1W to MY directly - along with Sunset Point mad separating the uses. The long term existence of commercial uses along Sunset Point - both East and West of the Highland intersection - has been a long standing posture and one that works well. This proposed use will join a long term existence of strong commercial uses at this intersection and along Highland Avenue to the South. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. 4) Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. 5) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 6) This is certainly the case. You need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from highland running West. In fact It is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site -- where they do not on the east side. iJ ---- t Belleair Development Group Comp. Plan Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: AAA Objective -- Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through appllmdon of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shag be located at the intersection of arterial or collector streets and should basked In such a way as to minimize the InUmlon of off-site Impacts Into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commerciar zones by Insuring than adequate W depths are maintained and by zoning for commercial development at major Intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic comer and this site is currently planned to be re-developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West - and has worked fine. Comprehensive planning policy: A.$i GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING AND BERING PRACTICES, AND URBAN DESIGN ? STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE `F NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND ENCOURAGE INFILL DEVELOPIUIENT. C AAA Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete --, ? : i areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. A Pg. 2 Belleair The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) By following the principals and directives noted above - basic objectives of the City and the Comprehensive Plan - this proposal is not inconsistent with other elements of the Plan. Because the site is well fit into the existing node and can protect residential uses surrounding, the site is not inconsistent with the Comp. Plan. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support- The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a dosed and boarded 2 story structure as a blighted mess. Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. These uses have been existing for a long time in the position they exist and they have worked well with Integration with the surrounding residential community. You also need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from Highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site - where they do not on the east side. 4) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 5) the site will be required to restore any natural and landscaping facility to the standard of the code and it will be a huge improvement to what is currently at the site now. Any trees that are substantial will be protected or mitigated. 6) With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. Again, approximately 1S0'to MY exist between this site and the residential directly across the street. With Sunset Point Road as a barrier, and new landscaping, and 2 access points on two separate major roadways, there will be no impacts to the residential. Both this residential to the North - and the South - are well protected, but have been in a configuration with intensive commercial uses for a very long time. The critical factor, agairi'.ls that this site has fallen in a very bad state of disrepair and this application promises to bring vitality, investment and badly needed renovation to this site - ratter than see the site fall into greater disrepair. s tw.w9 %1014 ail cntun2237 ..'m day of Qu y"?+" ..4. D. 1965. i BetWe,,rn FIVE POINTS HOLDING CQVANY a corporations eststhq under the lams of tiros State of Florida having its principal place of business In the County of Pinellas State of Florida party of the first part, and THIRD CITY NATIONAL BANK OF CLEARWATER, whose address is: Sunset Point Rd & HIShlar,d A7enue of the county of Pinellas and State of Florida part y of the second part, and ' Witneseeth, That the said party of the pst part, for and in consideration of the sum of TEN DOLLARS and other valuable, considerations •---.,Daliorr, to it in hand paid, the receipt whereof is hereby fteknouledged, har granted, bar- gained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth. grant, bargain, sell, alien, remise, release, convey and ronJtrm unto the said party of the second part, and its successors ---- A"i"and assigns forever, all that certain parcel of land'lying and living in the county of Pinellas and State of Florida, more partirularly desrribed as Mlou-s: From the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, run S. 0007'42" F.,, along the East line of the sgid Northwest 1/4 of the: Southwest 1/4 50.00 feet; thence run N. 89 29142" W., parallel to the East-West center line of said Section 2, 50.00 feet; thence: run S. 0o07'42" E., along the Westerly right-of-way line of Hi land Avenue 175 feet for a Point of Beginning; thence continue: S. 0 07'42" E., along said right-of-way line 75 feet; thence run N. 89029'42" W., 170.02 feet; thence run N. 0007142" W., along the East line of Lot 8 of Brentwood Estates (See Plat Book 59, Page 28, Public Records of Pinellas County, Florida), 15.77 feet to the Northeast corner of said Lot 8; thence run N. 57 19'07".W., 124.72 feet to the Northeast corner of Lot 10 of said Brentwood Estates; thence run N. 89026'15" W., along the North line of Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42" W., 167.63 feet; thence run S. 89029'42" E., along the South right-of-way line of Sunset Point Road (said line being 50 feet South of and parallel to the East-West center line of said Section 2) 300 feet; thence run S. 0007'42" E., 175 feet; thence S. 89029'421111 .; 150 feet to P.Q.H., being a portion of the NW 1/4 of the SW 1/4 0£ Section 2-29-15 and being in part a portion of Lot 9, of Brentwood Estates. easements and restrictions of record. refiner with all the tenements, hereditament, Glege, right, title, interest and estate, reversion, belonging or in anywise appertaining: and appurtenances, with remainder and easement To Have and to Hold the same in fee simple forever. -Ind the said party of the first part doth covenant with the said part o the second part that it is lawfully seized of the said premises; that they are free of all ineumbrances, and that it has good right and lawful authority to sell the some; and the said party of the first part does hereby fully uxsrrant the title to saki land; and will defend the some against the lawful claims of all persons tohommever. 111 W lllll-MM 4' 14*174'U1, the, said party of the /test part has caused these presents to be slgn.ed in its name by its President, and its corporate seal to be a/Jtxed, aBala111ii pihr the day and year above written. Delivered in Our 10repie:nre. F QIUS .1t . COMPANY Dona d E.Bleakle:y,Presid -t. v State of Fiorit? (( a, < R. 2237 pr 05 Commy of PINELLAS 1 mamy CBRTiFY. That on this day of +-?• d. D. 19 65, before Me personalty appeared DONALD E. BLEAKLEY sand ?admmw of FIVE POINTS HOLDING COMPANY'esidant d , a cop poration under the larva of the State of Florida , to m"e known to be the persona dmoribed in and who executed the foregoin j conreyan.ce to THIRD CITY NATIONAL BANK OF CLEARWATER and severally aeknowledied the execution thereof to be their free act and dead as such o0tcam, for the uaes and purposes therein mentioned; and that they affixed thereto the opteiat seat of said corporation, and the said instrument is the act and deed of said corporation. WMESS my stfnature and ofciat seal at Clearwater in the county of Pinellas and SFate of Florida, the day and sitar tact aforesaid. #I .M// Vommixainn hxpirrx .1 atafy P? h/ir "WANT NOW 51Ai1 M (IM94 d tmat my EMMI I N WINES AUG. 1. 1969 ICI t L r, 1 ? h• .i1 .J Iy u STAT???F ! 0RIDA ?w-.Taw. ? LS 'r iF Y d n ?o O i 9 ()R*-k4AL FD ' r- ; ? ,tN 1 'JUN 012010 CRYOFemwom STATE FI 0PIDA B LL 0 b R w w v? r; w po n O a a 0 X ft- tt- I - It 3-Jun-2010 11:07 AM Bank of rica 8132258144 1/3 BankofAmeeios WW 04W -or P Fax Co~ shoot Ta Mr. Todd Prewman CampWgr, Pressmen Amociates, Ina. Telephone Number. Fmc Numher, 888.977.1179 DahL June 8, 2010 From: Clam Bmlay Carraway Depardrner? Lc9d Temp nm Number. 813.225.9173 Fax Numbw.. 813225.8194 Nwigr af pages tilrg thle Dauer sheet 3 if tranar bslon prahlerr?s wow, pkmca 813225.8175 mesew RE: documentation of Third City Naflonal Bank at Clearwater to Bank of Amar'ka, N.A. Oftift JUN 0 2010 ?R no IAbn uw ww"m h? Oft FAX mam" b WAWW vny for are =memo use of riv de?aelsd nvlpient rrarred abase. Tm rneeeepe mI mm NN eontla- end papriwmg irrlbrrrmftl end roe eacfr b pdwloabd and ®gnidor?rl. N VO rb-dor Of ft message to net M Inlr?K11 rb *A" ar an gyerll rrWcdie b for deNft ltb rir Irrlrrrted realpieat yen we he mW w WW #W you hm reF h m rile dm WAM in anw.and NW mvkw, dtenmft dw dbp Id or aaplArg of rik :rrbrnrogb b bhioty Aft m po K you reonMd 1r1 (n "W. please W* W i m edisr by WdrwpF:errI SW MkM 20 nWMR ge b us by wA& 3-Jun-2010 11:07 AM Sank of !rice 8132258194 2/3 M A331STANT rARrs CRRTMCATE or SANK OF AMERICA, NATIONAL A&SOM71ON Ia umdara VvA EHnbr.& A. p17". w AmA nt Seery of Bok of America, Wiaml Associadnn (Ihe "Aasociatim"), a national bsokft associa" organized and caiating under the laws of tlra.Ua W SWw of America and having its p boiPd Plana Of bushwu in the City of Chsr OM Coar<ty of MOB, Sto of North C umlitia, dom hereby certf ty that: . 1. Rfeadve, October l0, 1963, Third cW Nadonal Bank at Chwrwater, Charter No. 15426 vm ahertered. 2. Effkdvo December i, t967. rn&d cuy Nadedsi Bade at ckmwsftr was renamed to American National Sank 3. eve OcWber 1, 1974, A10KI M NsdOW Bank wan remad to Lsisdmsr' Sank of Ckwwew, Naftud Asaociadea. 4. L°ffo &C J=wY 1, 1977, L= Bank of Claarwakcr, Ns"md Assodatiua, (Cha tnr W 154261 lmndmsrk Bank of Smkoie, NWWnd Anodadea (Qum No. 16036), Landmark Sank at Tyron% (Charter No. 661), sad Landmark Bauk of Tarpon SprhIM NaOseal Awedatlon, ((brag No. 16391) merged into and ender the chaW and title of Iindm"k Uaioa Treat Bank d St. Petarsbum National Aeaociatioa (Charter No. 15507). 5. Effatn?e April 28, 1986, &c title of IMWWUA Unien 'tut Rank d SL Petersburg. National Aaodad n, Sc Pawabur& Florida, Chuw Number 15507, was cbmSed to Citizens and Soathens NadQaal Bank of St. Pebwdmrg. 6. 1t$ective Jaway 1, 1987, Citizw and saadlern Ntadmd Sank d SL Pdmsbwl merged with and iota C: ftW and SGS&WO Natiend Bask ei Dort IAQdCrda1e, Clroier Number 14376. w& the surviving brink name of The Chi=ns and Saatharo Nadsud Bank of Merida. , 7. Rfkctive Sepnember 4,199,x, NCNB National Sank of FbddN, Tampa. Florida, Cam= Number 17775, snd NatiensBank True Company (MbrMv), National Aasaeistioo, I'at Myer:, Florida, Charter Number 16931, mawd into mid U04dr tho charter of The CW.w and ilenthwo National Bank of Florida, Fart Laudmdak. Flow, C2mt+ct Number 14376, with " =OWN bonk title of NedowBmk of Florida, National Amaciadon. Oftkft JUN 0UUru RAUL- 3-Jun-2010 11:08 AM Bank of ( erica 8132258194 3/3 r IL 8. Effective Dw mbw 21, 1995, NodomdUnk of Florida, Nadmial fin, Tampa, Florida, Charter Number 14376, nwged WhD and antler the abutter of Bonk of Madison County, National AssodatION, Madiaoa, Fkrcidk C bw t Number 22991, with the TwAft title of NationsBank of Ybrida, National Associ>etlrrtt. 9. Motive December 29, 1995, NadowDuk of Florlila, National Aaeaciation merged into NadowUnak of Gnrgb4 National Assoclation, C"hatft Number 13068, with the resetting bank title of Nation Dank, National Association (South). 10. F,tl;wdw June 1, 1997, Natlow1iank, National Amoelation (So") mwgeed into and under the abartw anti title of NationDa W4 National Association, C hadatte, Nardi Carolina, Charter Number 14448. 11. Effec &c July 5,1999, the title of NodoasBank, National Aseoebtion, Chula Number 14448, was changed tD Bank of America, National Association. 12. B ern July 23, 1999, Bank of America, National Aswciation, (Ames, Narth Camlim, Chador Number 14448, was merged it*) and undar the rdwdw of Bank of Amerlea National Trust and tia?iW Anoc:iatioa, San Francisco; Cnlifa"* Charter Number 13044, with the malting bank title of Bank of America, Platlonal Associsttioa, Chu kme, North Caroline, C27 m Number 13044. IN w1TN 53S wHmEQI±, I havoc hcmupon wt my hwA and affixed the scat of add Ammistion this 14th day of April, 2009. IL Q A.A.J- A C::> A. Prym Assisearrt Seerc?try . JUN 0 L- 2010 ar"atR EW CFfOFQLWWAM 006 FL2-146. Sunset Point 1475 Sunset Point Road, Clearwater Pinellas County, FL P CHA M SALE AGRUMM THIS PURCHASE AND STALE AGREEMENT {this "Agmemene) is ma* be;Wom BANK OF AM1 CAi 1V A:. o: national b"ng assadiation ("Seller"). and e t ,?;,7 a In consideration of the rnatual covenants herein cottWmd, Seller mW Purchaser agree as follows: 1.1 PurabM and Sate. Subjea to ttu temps and conditions; of this Agwownt, $,dkr lgreby agrees to sdl,gnO cgnvey to Puwch . and. Pureimm bey agrees to pvrchW fi m. Selkx,, the rollowing dmdbedpraperty thmin cwkd the "Piopcrty' ; (a) That amain tract of laird do "L 4W) mom partktdady described on attaci lrerela a ld irtdarpor9ted herein by refemm?d together with all'impro vernants. if any, locatad ;. (b) in All efte,ri na, if any: benefinffi the Land, (c) Fights A All rights apps ammit""m I wpg to the fmVim if fty; umotwilli any right; title and interest of SWk if;ay, in. sad to a4tan0111 SUVA". alley or *iSh -way; (d) . All imptavements (the "1 >il rd0 ilk am on.(tie l,.and;.and (e) Noneft. Subject -to. the prnvisiom of i inafler, all of Seller's n :.. h ..e4 In in: all .appoea.?.. .. tllt??itttte. con. drapas * tm im"mY, it arr)?, 116c? oo dt• ,&M ft Laid aha the lmprovetneftwo rt rammed by Soper by tlfe. Vx6& 2. P - 13:: r 96co (the ",Parch hide") fbr the Prnnpmy shall be AND Rlmd d" be . ? pdd . by Rmhww to Seller at the # ? de MLLA 6uW Rn CMp;ing .Price shall, be payable at Closing is United States 001tency as provided in tieloa? 3. EARN WT h QM, 3.1 liangst Mo m. Within forty-eight (48) hopes alter notice to PU?. that this Agreemcpt has beam swepted by Seller and Seller has executed this Apeeme t, RUCINW shall deliver to CHICAGO MorAmr6= Ift Amn l$tli?14$t161 ! t?6_ 8weet,?oYn?can?r?e?poC ywr?? R ?'-[j N .. I '; V d... ice.. . TITLE INSURANCE COMPANY (the "Escrow Agent"), as escrow agent, by aashices check at the address in Seainn 1%1 herwf a deposit in an amount eyutnl to ten pcNent (10%) of the Purchase Price in cash (such, amount, together with all interest, if any' earned thereon being referred to as the "Earnest Motley'"), together with an executed W-9 form and a sigoetf'Earnest Money Escrow Agreement attached to this Agreement as Exhibit "13." Seller shall have, the option, of declaring a default and terminating this Agreement if the Earnest Money. the Wr9 and the Hornest Monty Escrow Agreement are not delivered to the Escrow Agent within such time. Tice Earnest Money shall be non-refundable for any reason, except Seller's. ddhaft. If the sale of the Property is consunu iated pursuant to the terttts of this AgrftMent, the Earnest Money shall be paid to Seller and applied to the payment of the Purchase Price. 4. CONb=KS TO CLOSING 4.1 Lille Corrtmittrment. Survey and ase.I. (a) At or prior to the execution of this Agreement: Seller ,shall deliver to Purchaser for Pumbasees review of ft PrQpetty, 0) ,a, commitment for title insuranee, an ownership and encumbra= report, a title repo" or equivalent Lille search document (tha ` rltlc Cornmitmt~nt") for an Ownees Policy of 71de Insutance issued by Chicago Title Irisumttce Comquy. (the 'Title Company"); (ii) a cuftnl survey.of the p.ropcoy. (ft Survey-Y, attd (iii) a Phase 1 ettvi.tottmantal site assessment and limited asbestos survey.of the employ ("Phase e). (b) Selkwshall zleliver to Purchaser withilt thirty (0) days dtltur Ault a tion of this Agmement-for the Propetty, (i) an-enddtaemen{ or its equi valent )o the nile Colanatment (the "11ndotsement"), flaming Purchaser as the insured and updodng cite es tlve date of the Title Commitment: (11) on updated Sumy certifying the Survey to Purchaser and updating the effective date: of the Survey, if regairvd by the Title Compguy; and NO a t:OMcate certifying the Phase I to Purdwer ("Certirmate'. J. (c) The 'conveyatrne of the Property shall be subject to tertaip. Permitted F,,xcePUM. The terra "PeirmitW Exc!eptione, as uW •harein, shWi mean (0 iltt: title eetceptto listed in Sclip lie 9 of the Title C ltment; (H) Ally Vnerw exc"dons aft excltt oos. stained In the standalad Q*Per's. port of fire Title )~'otYtpstty that -are 'not d6letud pursuant to the owner's Affidavit, and (iii) the exceptions listed on ftibit C hereto. 4,2 [n ' o: Upon fpctyeigbt (48) 7L at any n f9rile on or bel' thirty dft+pr tie:date of this ant for the pq of coafteting *wb investigations and inspeictions Fr alttlll dacm strip tie inGlaelirig but hat limited to obtairlirig gsoftlinicA reports: and ogtilding reports; but dxcludifrg any Phase II environmental .site assessui int without Seller's wriltett .cariaent, which rllay rya withheld in Belief's sale disctvetiott (the "lrtspection Period"). aelenowtedgds tlyat the Inhx?perty is comprised of operating.bankiatg centctsand,. that Purchaser must, Ire acr:cim pinieirl by tt.repmentative of Seller when irtspactittg the Property and that trertaio inspe:cvns'mdst bocur after business flours. Purchaser may terminate this Agreement by notifying Seller in writing prior to the expiration of the inspection Period, for any reason in'Puixhaser's sole dlseretian. In the event Purchaser does not'give such notification to Seller in writing prior to the expiration of the Inspection Period, purchaser shall be 'dermed conclusively to have. waived its termination rights under this Section 12. Purchaser shall bear the ,cost of all such investigations of the Property. Purchaser shall be liable for all costs anti expenses, an td for damages or injury to any person or property resulting from any inspection, and Pu, user shall indemnify and hold Hank ,d Aglwk# -1988 I J - I 1416900.vl.figneolid&Lion„ Pta:148--ftm* „PatnlrContrm?LDCK', JUN 011010 ow- COY OF C kARWATER ?,r?,,w•.•:;?;: ,;?; -?'.•; ..4.-?.. ..p.•,r-,•ew.c!xe•7-....•.??. ... .. . -. , ? ••?.x .? ... - '1?/ae'•?. ? . , ?..,r .. .. , ...11?1i? harmless Seller from any liability, clairas or expenses (including, without lintation. construction liens and/or rile attorneys, fees) resulting thInfrom. The obligations of Purchaser set forth in this u n4o shall survive Closing or the termination of this Agreement, as applicable. 43 att. All information provided by Seller to Purchaser or obtained by Purchaser relating to the pro" in the course of its review. including. without limitation, any environmental assessmw or audit. shag be treated as confidential information by Purchaser and Purchaser shall instruct all of its employees, agents, represn"ves and cordractars as to the confidentiality of all such inkmaefon. Purc hasear will nat. except with the express prior written consent of Seller, directly or indirectly, (a) disclose or permit the discinsure of any information to any person or entity. except persons who are bound to observe the terrine hereof. or (b) use or permit the use of all infornwWom pertaining to the Property (1) in any way detrimental to the Seiler or (2) for any purpose other than evaluating the contemplated purchase of tie Property. Prudwzw agrees. that if the closing does not occur. Purchaser will promptly return to the Seller or its authorized agent all written or tangible information pertaining to the Properly, inducting all copies or extracts dweaf. and all notes based upon the info mmtiom. Neither the Seller, nor mW of its officers. dtmectm. employees. agents or representatives, shall be deemed to make or have made my representation or warranty as to the accuracy or ow npleteness of any information pertaining to the property at whether or not the im ommion provided corokules all of die information available to do Seller. and neither the Seller dart any of its officers, directors, employees, representatives or agents shall have any liability resulting form Purchaser's use of my information pertaining to the Property. Notwidmanding anything to the contrary set forth in this Agreement, the obligations of Purchaser set forth in this 4 shall survive the Closing or the termination of this Agreement, as applicable. 4A U this Agreerrneat is terminated pursuant to x,4,1, or Sediffi&Z above, neither patty shall have any further obligations under this Agreement except with respect to the obligatians sim if ed in &Wm A-• this Sida and motion 10.2. Purchaser shall. widdn we (10) days of such ternripadM deliver to Seller copies of the ride Commitments. Surveys, and any updales, all Icesibiu[y studies, engineering imports, environmental reports and all other information obtained by Pondnasar with respect to the Property. kfcv. M C w. e1I?. Ms T MMM 7.__...x,1 5.1 QkW PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NBGATES AND DISCLAIMS ANY REPRESENTATIONS. WARRANTIES (OTHER THAN THE WARRANTY OF TITLE AS SET OUT IN THE DEED, AS DEFINED BELOW). PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER. WHETHER EXPRESS OR IMPLIED. ORAL OR WRITTEN. PAST, PRESENT OR FUTURE. OF, AS TO. CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE. QUALITY OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION. THE WATER. SOIL AND GEOLOGY. (B) THE INCOME TO 13B DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR RBOULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (B) THE HABITABILITY. MERCHANTABILITY. MARKETABILITY. PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. (F) THE MANNER QR,QUALCI'Y R=1 otAmedn - NO LUMIu.tr?rreteeoo ?r? _rtt-r ax JUN 0110a C"V or tWAWMM "'dhVATEp ?... ..F,. ?.; +.awr.`)R5;!.^'.'rn:.' .. ?1C`? .,.c. 7;+?gsxyaM ;.?.,: '•ti' ...... ? ? .. ? ? ? ?. .. .. OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE :PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHPIR MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HA§ NOT MADE, DOES NOT MAKE AND SPIr,C'IFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDIwG COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USK -ZONING OR DEVELOPMENT OF REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS OR REQ.UIREMENT& INCLUDING 'THE EXISTENCE IN OR ON THIS PROPERTY OF HAZARDOUS MATERIALS (AS DEFINED BELOW), MOLD OR MILD15W. PURCHASER FURTHER ACKNOWLEDOES AND AC3ItFE.S. TRAT HAVING Rai GIYEM THE DF?PDRTUN" To INSOEt:'"' THE PROPERTY. PURCHASER IS RELYING $0M Y C)N IT OW I INVBSTIOATLOI4 OF THE PROPERTY AND. NOT ON ANY INPOIi':iyiATl()N FR?(JVIDED OR TO RE PROVIDED BY SELLER AND AT THE CLOSING AGREES TO ACCEPT THE PROPERTY AND WAIVE ALL OBJECTIONS OR GLAiMS AGAwT SELLER (INCLUDING. BUT NOT LIMr= TO, ANY RIGHT OR CLAIM GF 'CONTRIBUTL N) ARI$ING FROM OR RELATED TO THIS PROPERTY OR TO ANY HAZARDOUS htA''1:RIALS ON THE FROPEItTY, MOLD OR MILDEW. PURCHASER FURTHER ACKNOWLE iGSS AND ACrRF.Ii.S THAT ANY INFORMATION PROVIDED OR TO BE. PROVIDIW WITH' MM= To T IB PROPERTY WAS OBTA940D- ISM A VARIETY OF SOURCES AND THAT SMA ER HAS NOT MADE ANY MOPME VT INVI nOATI(.)N OR VERIFiCA+I0N OF SUCH INFORMATION AND MARES NO REPIi E TI'ATIONS AS TO THE ACCURACY OR COMPLETENESS: OF SUCH INFORMATION. SELLER IS' NOT LIABLE oR BotwD IN ANY MAC BY ANY VERBAL OR WRITTEN STATEMENTS, "ATIONS OR INFORMATION PERTAINING TO THE. PROPERTY, OR THE O1 A=N TH)y F, FUItNISS I3Y ANY REAL. ESTA'T'E POKER, , AUNT., E11tiPWYB1:, ?tvAlv`I' OR cT`fHER P 1V. I?!4R A. 1(` FUl?TH1 R A It '04119. GSS AIM, ACYR> ''`"AT TO TI.I41A7FIMIJII? F.RA ITTTTD BBC I.AW."CHIa:$AI,B.OPROPER'TY A$ E?Fi,OVI D FOR HEREIN IS MADE ON AN "AS 'IS" Ct ITION AND BASIS WITH ALL mL'TS. IT is UNDER,STOOD AND AGRI?Si?p THAT THE. PURCHASE PRICE HAS BEAN ADJUSTED BY PRIOR NEWTIATION TO .REK T THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND PURGIIASED BY PURCHMIM StJJ1MCT TO TIME FOREGOING. THE PROVISIONS OP THI.$ $WrION 5.1 t ALL SURVIVE THE CLOSING. 5:2 Mamikws MAW.iab& "HazardAws MateritW" shall nwan any aftwaft. 5vhich is or contaias ff snjr ` awrdo atibat+ c" as nosy . r becdtfter road .iri: titp: C mprd? rlsi i Cs?vlrrin?nesntal Respwv,% C mp 0001 acid Liability Act of 19$6, as amended (42 U.S,C. III et seq) (`CERUX-) .Ar any rQ8166 i08 immm%*W under or Purauarit W CERCLA; (4) arty "hazardous 'waste as now or heftafw ditW.in the -Reaourm Conser0ation and Recovery Aet,(42 U.Sr, Ii69Ml,0t seq.)'("RCRA") or r?guiadons. promulgated v6det or pursuant to R,CRA: (iii) aq' a rr ilgted ,?y the Toxic Substatie? t?otNiall Act X1.5 U.S.C. Stli et t;egy; .?iv) Sasoline* d! i. cm at.' patr"m hydrae a*: (v),a [vs ate asbe$ti4 aagitaiaing makerws. in any fit;: ethEr i'riallk or non. fria4ltt; (vi) wlychltuim."d biowoyls. (vii) radon gam; apd (viii) arty, addidmal sUbstancts 0 tiAtei'fais Which arc now or her ttassiftetl or cad to hazardous or untie random EwArontiieu 1 Roquirert#ents (as 6minnller defined) or the cgntittoi law. or any other applicable Iawwrelafing to the Iroperty: Hazardous Materials shall include, Without lithitatitm, arty substance, the pmsence of which an .the Pigpen (A) requires reportitts, investigation or rentediation under Environmental Reguft+em ttts; (B) cttuscs or threatens to cause; a ouWmw on the Property or adjacent property or poses or threatens to pose a hazard to the health or safety of persons. on the Property or adjacent property, or (0 which, if it emanated or migrated from the Property, could constitute it trespass. Back ofAmeAm.. tw AhM, Al.tfAHTaYi818?0.vfCunralidaLie t. H'6_Sume0wnL_Contrart Doc ORi vkW AD n NR?C T IJ' 01 L4 f? ,.?.. RMOS rs n6PAkFrmr.:ur 5.3 EnVJMLkM1d lei Envim amntW Requi nts shall mean all laws. ordifaawees, statutes, codas, rubs, rt~gtlttlations, Wpei' tttst judgments, orders, and decrees, noW or hermafter enamd, p hgated, or tended, of the Utti 'States, the states, we Counties, ttra cities, or any other polttml str Avi in whiner the Prtuty is located,. and any other political .subdivision, agency or irtstr+rnaehtality ett rdsing ju isdictign.over rite owner of the Property. the PMparty, or the use of the Property, relating to pollution, the prntoetion or regulation of hutnan health, natural ipso um, or the caviro u mt. or 111e egaWion, deh release or threatened release of pollutants, caNttat nuts, chrenmicals. or industrial. 10W or otrs sawaam or waste: :or Hazardous Materials inter the environmdnt CrcludiO& v4thout limitation, ambient lair, surface water, round water or, larrd or mil). 5.d CM.dUMVW Risks. Purchaser acknowledges that them acre. or may. be, certain envimnmentsl issues padbr risks with respect to the Property. 5.5 kdoW . Pwaettaser hereby expressly acknowle0ges OW ft+om and after 04 CWag, Pur4mer der hie topDrisible and. liable for the proper maintenance and hrandliog of -any WO all Harrddw haauddis, if any, located in or on the Property or in rite rovexi ob in ttccaW*rtpp- with all HO its. Wtkling the xguladpas at 40 CPA. Section 61 as mi lthadw order the Ghe n Air Act and A regpiitiwts hmatmtltr,?d or to be Pmaaul?tfad artKkr sill other Mlkahle JVAO state or foo lam: ntle;s~:or l ante may atnOrtdad fritNa tiraC to tin10. FmramvKm Dom arrd after Cb t , hWWW. 1I .iWWWd4 and bald WFWAW.ftMO49W against XW'and ell mints, ooRs, darts qr eta lilattihiry; incltttlltyg attorney"'st f , incttiri ed kY. seller ns a It of foy Hat-Rlous Matari* bung located now or previotdy on the Property or in the ImpWnMments or as a rmk of Kwebows f4we--lb otuaply with the r aqubernents of this s aetian in 0"nection with hwW's Fwar mainteaanm *ad haardiliidg of any..artd Al Hxmfdot? Materiale..? rgey, Ipaated in. or on 4W Prdr?rty or in qmU? "*a iaaiion 1l survive the Clotigg'of diis, A'vmmG the Intprovemerlts. & 5.6 Airchasecr, on bebaW of itself and its bdn, sitGVSspre and ass SM b ff ft waive % rele s. m, tbaever dish & *r, its 004"M .de err , . 3! .its. . rr pt v parseats . ' on balalf o S mid tine atttl.mss of Any or.tpe. ttg, of and ftm my MOall ' ; afwtlotts, causes (if ?, rigtus. mss, casts.' or cubwaviatiou whatsoevu,.d`avt br ice,.laaounn Or ppk_W*%' ( Qr ynYc 6saett. or any of its hits. SOON= or, godsm rl4w b OF Wltricti m y arise the ftttw±c crlt as elf l4r is aa1Y way related Za or + aoq t with w4Y PL pre qt, ar. tube' ph1??si?l c or ;oWift of the Praperty or ft Xrt r+0aafts. iuehucgttg without timi tion? any Hardm i4"in. w, on. uaadefor Mated W the Pr+upertY Or. VA 11Wo art om, o.44Y 'vlal"n or po!twr W vi lotion of may Ell 1MOrnental .1 triMMM applicable thereW. Notwithstanding anything to the contrary mit forth herein; this release shall -stnrvive the Closiag or terminatiod of this Agteemntr -4-1 Mpti- RADON IS A NATLIRA). LY OCCURRING R, MOACTIVE GAS 5:7 THAT. W11i?1 l UlrlULATED IN A BUILDW IN SUFFICIIW QUANTITIES. MAY PRESFrW WtALTfl CtBiFsS TO PERSONS WHO ARE IMPP©SM TO IT OVER TIME. LEVIAS OF RADON THAT EXCtD MORAL AND STATE MWELDIE5 HAVE SAMN FOUND IN BURAINOS IN FLORIDA, AI D1T16NAL MM2MATION RWARDING RADON' AND RADON TES['INO MAY BE OUTAU116 FROM YOUR WUNTY PUBLIC HEALTH UNIT. 809& p[Amedw. - M RECEW; JUN o 1 __ 11IINt#tfitxa;..,arr ONOFc a 6. CLOSl g 6.1 Closing. The closing (the "Closin97) shall be held on a date dete mined by Seller, which shall be thirty (30) days after the banldng center located on the Propmy bas closed for business (the "Closing Date"), provided Seller shall have the right to extend the Closing 'Date For up to an additional thirty (30) days. `The CWng shall be held in escrow by delivering all documents, and the l-mliase; Price to the Escrow Agent, or Its designee, on or betbre the Closing Date; unless the parties mutually agree upon another time ordate: 61 Possession of the Property shall be delivered to Purch at the Closing, subject to the Peritthted F.xtceptibns: 6.3 l M[Mior:_Tax s. At Closing, pro-rations of income and expense and the apportionment of taxes shall be as fbllo%": (a) All praradons. of income, expunse and taxes .shall be made as of midnight of the day pdor to the. Closing. 'Y'ams shall be pron."d buried upon Ox n*xinoFn allowable &wottrtt and other appucablp mpOons. if the Cleslr4 shall ooenr boforp tM tAx rate or the,as d valuation oft ie Ropecty is tom: Per the then eautat year, tl}e aPitaMt of taa<:ars shah i upon the=barrio . (so tax rate-for the preceding year epptsd to the law a d v*a ion based ttqm the maixiiwAm Qawqba dlsit7etnt and other a Wicable ftetnpllotta, Subs eat .to- the C 0 tg, -when dw tax rate snid dw A%%W valuation of the Property is fiyted fOr the Year in wl?r the Clads oecur%; 4116 pertias a#Vee. dud dreg shttll be no post-closing atdju$ttgartt. f tree teat ptotntioa .lf the Ptup i 15 not as as -a separate .parcel for ipx or assent purposes, then snob tatxets,and a?essrrrattts attlarr`buta?blt to.Hrc Piopgety sha n 1* derormitt W by Seller In its aeagineae disrrt>`d*L lf, as of the ClO*X? the ftW. ty is not being treated as a sepmft tax p • then Purclow shall, as Its sole gist and aatpense, use diligent beast efibos to gore, thei then Property is !a"esscd separately for taut and assesstttom panpafses wkWn no`itlt?re than one yea hCM] The Cloafi * Date. (b) 'l'ire. areements of Viler and Purchaser set forth in this ' a O shall surAve the closing. 6.4 as ottieu ,su eXeady provided bin, Saner dial] 1 ,can the Closing: atlse, 4,166 a of the of rho t1dclaatY aodu?mettt4? :steps or tralts#'er taXe on the . aid attartU, if,eny, and cMO:ael.M_d pe Aag s lap assessment, liens tsar wbtich the work has boen,WWWn11y. 0001 iletied, and. Burgh "I pay, on the Owing Date, rho. cost of the Title OwumittileM hOuding, without Iltnitafi t, the cost 4 any'title saamhes or ttbura '.q( the 1 pe ity, arid the paramoutn for the fl*fees Palky, all r6coWing,.ct , Ituati010 taut on any MorqA;e? ddipamentary s oe tax. on any note, staadp. pending speatpl aa?essttsent liens for which the wati: has not iteeti substantially completed the cost Qf. any, inspeactitms ? by Purchaser, and, any other customary .chaFges and costs of 4os or, In addition, Pu rser &W lelttlbtax'sae BOW for the cost of the 'I7tfk, Commitment and any se>artrb f0ek the Survey, and the Phase l and any mertiAcations; endorsements and updates thereof Except as of arwise pm%i&d herdin,. eat*.Prty shall pair its owti attorneys' fees. Pisidtt W shall pay the cost of any escrow fees charged by the Escrow ,Argent: The pneaums for the title insulra= policies shall be at the inter promulgated by the state or recording distriet, as atpplicatble, whore the: t'opertY is,.lacaated. The cost of the Survey and phase t .shall be in accordance with the rates negnOWA by Seller with the vendors. Baak of Aawdo -- IM LEQALt4W4161600"t.C¢us"tioa--n.2-146-$unmLNinL._ContmgLrioC 6 ORON q?;x1VEC:' r1UN o 1 `u, `4 f 6.5 1kr•s t Cg a S at the Clog. At the Closing,' Seller shall deliver to Escrow Agent, or its designee, eaeb of the following documents but in no event earlier than the, delivery to Seller of all of the proceeds of sale of the Property by wire transfer or immediately available U.S. funds: (a) Deeds. Special, Limited or Quitclaim Deed in the form approved for or otherwise customarily used fdr.conveyances in the recording district in which the Property is situated (the "peed') properly executed by Seller for recording conveying the Property and the Improvdatents located thereon to Purchaser subject to no exceptions other than the Permitted Exceptions. (b) .13videtle8 of Authority. Copy of such documents and resolutions as may be acceptable to the 11 le Ownpany. so as to evidence the atrdmity of the person signing the Deed and other documents to be executed by Seller at the Closing. (c) F;'igp,._Persou. An affidavit of Seller certifying that. Seller is. not a "foreign person", as defined in the Federal Forelga Investment in Real Property Tax Act of 1990 and the 1984 Tax Reform Act, as.amended. . (d) An excepted affidavit or other document for the Property acceptable to trig Prole Company in issuing the Ownces Policy without exception for possible lien claims of mechanics, laboters and matetialmen or for parties in poucssiim, and insuring the (e) OW of Sale- and AzsiggMt. Am of Sale and Assignment for the Property (the "Sill of Sala') executed by Seller a sigtt;ng to Purchaser, the Tangible Pbrsonal Property. in the form attached to this. Agoemerrt.as Exhibit D. (f) Closing Statement. A elosing statement sing forth the allocation of clcWtpg, costs, purchase proceeds, etc. (g) dther lion. Such outer documents as may be masonable and necessary in the opinion rai`ilie Title Ga mpsagy to wasunmate and close the purchase and sale wed berein pinuant to the terdas and provisions of this Agreement, Provided .Seller shall not be requimo to core any title objections. 6.6 Purrhas_ar' _QWM at the Closing. At the Closing, Purchaser shell deriver tQ Sella the following: (a) base Price. The Purchase Price by wire transfer of immediately available U.S. funds; (b) EEC of Authority. Such cpnserrts ,cud. ttiuth d=tkms as Seller may seasonably deem .necessary to evidence audmization of Pumlom for the purchase of the Property, the execration ahd delivery of any documents required in connection with Closing and the taking of all action to be taken by die Purchaser in connection with Closing, mid (c) Other Such other documents as may be reasonable and accessary in the opinion of the 'I'itle.Clampany to consummate and close the purchase and sale contemplated saes; cfAwn *- 109 O LUEI!Q 11;,LS7?1181890art o ::m F?-t ..sw?aet.Pd?e?Cauraa.nFlc ? " auto ? 1 «_,, herein pursuant to the terms and provisions of this Agreement, including without limitation the Closing statement. 7. RISK OF LOSS 7.1 CondeMUW1on. if, after the date of this Agreement and prior to the Closing, action is initiated to take the Property by eminent ebmain proceedings or by deed in lieu thereof, Purchaser may either (a) tetminite this Agreement, or (b) consummate the Closing, in which latter event the award of the condemning authority shall be dAigned to Purchaser at the Closing. If. prior to the date of this Agreement, an action has been initiated to take any of the Property by eminent domain proceedings or by deed in lieu thereof, any award made by the.condemning authority shall be paid to Sailer and the portion of the Property taken shall be.deleted from the Property without a reduction in the Purchase Price. 7.2 QRM&. Seller assumes all risks and liability for damage to or injury occurring to the Property by fire, storm accident, ,or any other casualty or cause until the Closing has been consummated. if the Property and its Improvements suffer any damage in excess of $100,000.100 prior to the Closing from file or colter casualty, which Seller, at its sole option, does not repair, Purchaser may either (a) terminate this Agreemenk or (b) cmummate the Closing, in which latter event the pmuiceeds of any insurance not exceedins the Purchase Price and covering. such damage shall be assigned .to Purchaser at the Closing. If the P#Opetty and its Improvements suffer any damage less than or cquW-to $1WOt)0.00 prior to the Closing, Pfthaser agrees that it will consummate the Closing and accept the assignment of the proceeds of any lnsurattoe?coverittg such damage at the Closing. 8. pEFAU 8:1 21fW vRlrhaser. The parties acicnowledgEe that in the event of a defautt by Purchaser Seellee s wtual doWgas "Wd fits extremely difficult or impracticable to decd spina, du=fare, the parties agree that the amount of *e Fa vest Morley has been agreed upon, after negrttiation while repn tW by counsel, as the parties' reasc)rtable estimate of Seller's damage. and in the evert that chaser fails to perform all of Poichasees obligations under this Agreement, the Earmst Money made bereundw by Purchaser, loge ter with all interest earned t)weon, shall be retained by :$41cr as liquidated daro" and such shall be Saint's stile, creel wNsive remedy at law. or in equity for any default by PurehaseruWar this Agreetnt.= pttit!1W that such liquidated "ages shall not be a IhWtation upon any abligation of the Purchaser to itut omify and hold harmless the Seller contained in this AgreamenL. 8,2 Oftit Jbt Seller: The parties acknowledge that in the event of a default by Seller Purchaser's 1 damages would be extrcmely difficult or impracticable to determine: therefore, the parties agree that the amount 9f.Ihe Tsvam- Money, together with (a) all interest earned theredit and (b) the sum of $5400.00 has been agreed upon, after negotiation while reprmated by counsel, as the parties' r+eosonable estimate of Purchaser's damages, and should Seller default, the Earnest Money made hereunder by Purchaser, together with the smuts listed in (a) and (b) above, shall be rcturw4 to•Purchaser and such shall be Purchaser's sole and exclusive remedy at law or in eclulty for any default by Seller under this Agreement. 8.3 F.eturrtfIelIMM of Money. In the event the Earnest Money is returned to the Purchaser, as provided in above, or delivered to the Seller, as provided in Seciion'B.I above, upon the return or delivery of the same, the parties hereto shall have no further rights, obligations or paak,tlfAza P - low. ASEAND IM 13 r:CAt.??.5'r?r1U1 OD vr•Cumulidrtio? A2-l4"iumft_F4int_CanUattnt7[: t g t? t:r i liabilities with mspcrt to.each other hereunder, except for the obligations specified in S et' &9d 41, Section 4.4 and ? hereof. Nothing set forth heldn shall release Purchaw from its obligations and indemnifications set forth in ?tgg'o , 4.4 and S on 10,2 of this Agreement. Sec ' 4 Z, &gfio 4.3 9_ ELMSE fME-H&TIONS 9.1 Fu ure © ons. From the date of this- Awremcat until the Closing or earlier termination of this Agreement, Mier vlbill (a) keep and maintain the Property in substantially tlrst sa. condition as of tbe: date of this Agwmspt, reasonable we ar,and tear exceMd. and (b) promptly advise Purchaser of any litigation, arbitration or administrative hearing condemnation or damage or destruction eoneerniog. the Property arising or ddeatened of which Seller has written notice. 9.Z Purchaser acimmylesIges .11tst Seller Is ettmmtiy gP=Oug a banking facililr.on ft PrbpertY. Stiller shall be onfitled, at Seller's apdon; to MmOve from the Pr tY All trade fttums, equipriteut; f nititure. furnishings, artwork, w-Hanes. supplim mcords+ documents, cash. Win, and other ROM Of moveable personal property reIN600 to the Operation Of Seller's business that may be situawd upitn the PropuM (including, without limitfion.. sell safes, vault; , vault doors, signage; pylons, alarms and secuOly equip . auxiliary ganonmrs, cuticles. and removable partitions, po npumm, and cpmpater-wlated erltripumt, mleconmwnication egwpm*.. belon systems. dmperie s. =d del ioas). and such item r+eMVt d by, UIW sball be emduded from the Improvements and Te ftible pazoW properly to be ecnvdyal hetreurAcr ana shall remain the ? of Seller. Seller shag have no obligation to repair any damage, to the PropOly caused by the removal sttcit items, and Purchaser shall accept the Property in its thm-existing.condidon at Casing, 1.0. hmCEL1 N6?( 10.1 Nn " es. All notio* demands and requests which may be given or which are regUired. to be given by e > to tho' aitber under tbis .Agt+cement, and any exarrg of a right pf'lierngipation pm.xaided by this Wit, .s10be.it, writing and shall be tlwmed eft five when ei (O Personally delivered to the ? re told (i) .Ou" (3) bt>sirtess days dfisr havift; pert, .sent, by e9rtilled or veSisu t cl mail. MAO moo mod, addressed to the ilsettded recipient at tho add.. s s*Aett bell w', (iii) :d!adivrxeifi in pWbn to the 440100se1 forth bdltrw for Ow PPAY tO whcptt.llm noOm was given: or (if) at now of #je business day neat fisilowlas after ha,?iag been depKtsit04 into the CusWY of a nationally moo otzed ovardight deliveq somice such as Petlol RXP.V s Ca OWAtion or UPS. addt!essed to sredt _Poy a :lhe addmsa Spoiled below. Any twtien seen as reiiWOed by this section and refused by w0ept s6ali be deentad ddi. Vei>,5r1-as of fife ,dale of stud refinW. Fdr purposes of dlis Section 10.'.4 the addresses-.of the parties ti* all noilcoa are as fellows (unless.ehatiged by similar notice in writing given by the panic ular person whose ddn* is to be changed). IF TCt..SEL1.M Bank of A. terica. IV:A. If Propefty is in 101.FAg Kestaeol 161" Floor (FIL1400.16-12) Alt. CA, Fir. IA; CL, KS, Mtg. Tampa. Rolla 3 NC; OK, PA, SC, TX, VA, WA Attention: Pntriga 1., Ramos Ph: (8) 3) 2?,W 76 Fait: (704) 4115? 874 Hank of An wAm --1999 l,C?[:EAS7'16 BAOOwr:. , •1 rB?Suniet_ Po[n?Contraa.HOC 9 CRKW At WECEM :•: _» . 6:.. v . .AJN 012010 .,A. FLOWS UrAMW CWf OF CaAktNh1l:R mg. Bank of Arneri'ca, N.A. If Property is in One Federal Street, 4°i Floor (MAS-5034)4-18) CT; MA, ME, NH, NJ, Boston, Massachusetts 0211 D NY. RI Attention: Jean Arrin Ph: (fill) 346.2047 Fax: (617) 310.3033 IF TO PURCHASER: LLC Ph; ?:? , . . Fax: ? WITH A. COURTESY COPY TO: 7777 Attn:. ?...-A.it -Pa F2 3a6o2 Rh: Fart; ors _: . IF TO ESCROW AGENT: Chicago Title h. wan nce Company 5447 Nellie bavis Lane Tampa, l?i.,,.3MM Attn: Amy Lauber, VP, Agency Manager Ph: (813) 249-2468, Ell. 3021 Fax, (813).883-31100 10.2 Real BM. gg Seller aims to pay fclttes Lang LaWe, CB Richard Ellis, Inc, or Lincoln Farris; U.4. , as applicable ("Brp7feta`). Upon 'the closing of the transactim contemplated her*y, and no otdemim s tab taprtilnission in accordance with a serrate agreement between Seller and broker. Pumhaser agrees to pity any comtnission due: Purchaser s -br6kft. if applicable. Purchaser ackttowlettgtls that Seller has nto abliPdons, either express or implied, to putrhasees broker.and that this Agfeeroent shall not create any privity of contrast between Seller and Purchaser`s broker. As. used herein, "Acquisition Fri" shall.tnean.all fees paid.to any person or entity, in connection with the.sckctivn and purchase of the Property including real estate con unissions, selection fees, nonreeuoing rnan rnentt and startup foes, develop at fees or any other fee of similar nature. Seller and Purchaser each hereby agree to indenutify and hold harmless the'other fmm and against any.and all claims far Acquisition Fps or similar cha%w with te:t:pect tq this trans 000, arising by, through or under the indemnifying party. and each further agrees to indemnify and hold hanniess the other from any loss or dauuage resulting from an inacwmcy in the representations contained in this Section 0?2. This indensnification agreement of-the patties shall survive the Closing. 10.3 Entire ment. This Agreement embodies the entire agreement between rite parties relative to the subject matter hereof.. and there are no oral or written agreentents.between the parties, nor Bank of Anwics •-1999 .?.n?u? 1 E('rAt.L1?B? 1rt81B900..LCane didstian . _FI18.118?wuU'ainc Gapirac?L1(?L` qfCENED l0 JUI? ,,1 ?,,;tl any represeutations made by either party relative to the subject matter hereof. which are not expressly set forth herein, 10.4 AMendMatt. This Agreement may be amended only by a written instrument executed by the party or patties to be bound thereby. IOS HMding, The captions and headings used in this Agreement are for convenience only and do not in any way limit, aniplifyr, or otherwise modify the provisions of this Agreement: 10.6 Time of fsswee. Time is. of the essmoe of this Agreement; however, if the final date of any period which is set out in any provision of this, Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then. in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. 10.7 9wMins LAN . This Agreement shad be goverped by.dW laws of d State in huh-trh the Property is .located and the laws of the United States pertaining to tranokctians in such State. tpr any cpntCgversy hereunti r; the parties .shall submit the venue to a court of competent jurisdiction in the county in which the PhiWAy is loodted. AM of the patties to this Agreement have .participated 'fift4y in the nogotistion and preparation hereof; accordingly, tics Agreement shall not be more!strictly construed ag*st any one of the parties hash m IO.S This Agreement shall bind and inure to the benefit of Sena and Pttrcbaw Mid their respective leits, exwWors. ahnigistrmors, p mwal and legal repteseatad, suocesms and aasigns. Purchaser shall not assign Parclhasces rights under this AgreelTWO witlsout the prior wtitIC13 consem of Seller. 109 Mwlid Pgoyisioo. if any pmvis = of ibis Amt is held to be illegal, intrsdid or unenfW=bk Mkr prMa or future laws. crush provision shall be fully wftrablet this Agreement shall be uonstrtied hall enfamd as if such illegal, invalid or unenforceable provision W never compri$W a part of this art, and the remaining pxovisitats of this A tnent shall. reMain in full tom and eW1 and shalt tmt be affeaW by such it al. invalid. or uttc dWcMblt: provision or by its severance from this Agracu at. 1(130 Memal, to the event it bomnes necessary for cithea p wq hereto to file ;oil to enforce this Agreem t. or any provision comained herein, thts party prn:WHttg in such suit shall be ett*W to Movor, in atjdition to all gtlhw mmedks or damages, as provided herein. reasonable *wrneys' fem paralegal fees and cost incumid In -such cult at trial. appellate; bankruptcy and/or administrative Pwadhigs- 10.11 sidle Co arts Facsfm& Bxeetttion. This Agreement my be executed in a number of identical counterparts which taken together, shall constitute collectively one (1) agreernent; but in making proof of this Agreentant, it shall not be necessary to produce or account for more than one such.counuerpart execawd by the .party to be charged. A facsimile copy of this Agreement and any signatures thereon shall be bonsiduhed for all purposes as originph. 10.12 to of this n . As used in this Agreement,.the terms "date of this Agreement" or "dale hereof' shall mean and refer to the date on which Soller executes this Agreement. BokarAmeeica 1999 PtMCH IEGAiA $ 4161 1.47eiaralld?tlam,?ll-i48. J#rmr6 Ca?iaawtt>?1C 11 QKUlil® el I JUN 0 KAN" p MFNI [MTV OF el 91C.M"] aR 10. 13 hi its. The following exhibits are attached to this Agreement and are incorporated into this Agreement and made a part here: (a) itA, am properties; (b) ftftLfi, the Harness Money Escrow Agreement; (c) x it , the Prerttdtted Exceptions; and (d) Egbi ' D, the Bill of Sale, 10.14 AuthOd. . Each part)r heMo represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant; to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 1'0.15 ecotda ' ,Eq 't . Neither this Agreement nor any memorandum or other summary of this Agreement shill be placed of public record under any circumstances except with the prior written consent of tl?e Seller and the Purchaser. In addition, 6r+p>ri and after the effective date of this Agmment whetter this Agreenterit is clod or terminated, neither Purchtasser nor seller shall make or perinit. to be. made any.publio•annauncements or pms releases concerning the existence of this Agt'"ment, the terms of the puwb'M- of the Property or any. other infortna[tion concerning. ,this Agreement or the tr nsac6on contemplated herein, without the prior written consent of Seller and Purchaser. 10.16 Bali . T11e:ttrrns aftitis Agpeetnent rurttain.con(Idetttial, ext:ept to the extern disolosut+s is t'ogr ked by the.lledeW ROMM car-oche goVernmentW.authorities or required in +oider tit close the trautsaotiatnS t tt to this fet??ted Agreement. From and.ttfter the'dateof this Agreeaent, eat_ with-the prior written -mmat'of titt other potty. neither Purchaser nor Sells shall prior to Ckning male--c r pert it to be made any°ptajb ie announcements or press tOkas",coueitt g this A gerpnt, tale tertrls of the purchase of the Property or any odwr irtrarnafion cgneeraing. this Agmartent or the wametion tontemplated herein, Afi cr the 0gehtg, the Mies will ;ate.on the-intarmation conta in any press mitase or.maxwoftnent as to the tilt of the transaction contest Imed.by M Agreement. This provision shall survive the Closing of this Age winent. 10,17 SectigA 1011 Exd?rt.. M Other $*Per of Puma aser'shall have the right to 4M this phVa.ty as Pw of tt tanude*re4 C IM Wn+d,exwitange.OhOler Sectinat 1031 of the Irtttu'nal Revenue Code: and, to that end; ftg have the. ri$k- m assign or tnthefwift alter this Agreetnent in order to accotn IM, that. ob' - Puled the net coommie'effect Ottcludfg the date of Cla*g and the exposure of the parties to liability) shall be essendally the saw as muler this original Agtoerment. 10.18 P-j ` Ltiilr<c. The parties agree to adapt a..digital image of tWs dal. as executed, as a am =0 correct original and admissible as best evidence to the exteat.pennitted by,a court with proper jruisdieti . Bunk of Ametia :. 1999 M4rr?>laim9o rt t,etmpwo„:,is t;?c;oc,tx?c OW71NAL 12 RECEIVED JUN U1"1 PLAMINPr OMARYfM W C1IYOFCUMWATEt< W WITNESS WHERE$.F, the parties hereto have caused this Agreement W be executed under seal by. persons duly empowered to bind the parties to perform their respective obligations hereunder the day and year set forth beside their respective sigttatures- DATE OF EXECUTION BY SELLER: 7!009 DATE QF EXECUTION BY PURCHASER; "'' ? 2009 SELLER: BANK OF AMERICA, N.A a national bauldng association By; ?ra.?r Name; Jay r Title: Stir P dent Dale: By: Nam: Tile: e=k 4f AmeriaO » ttL4B L.F,L3+1 AMT4I6t6=wl .i LPVOi?UumMC j?LLC LYRIC WAL t.8 gMEIVED JUN o 1 Mo t?nrcFa?tv??te? EXHIBIT A LAND That certain parcel of land lying and being in the County of Pinellas and State of Florida. more particularly described as follows: Fran the Northeast comer of fp Northwest t< of the Southwest Y of Section 2, Township 29 $outh, Range 16 East, run S. 00&42" E., along the East line of ft said Northwest 'y, of the $outhWest V. 5000 feet; QM M fern N. W29'42" W., pmliel to the East-West center Ine of SW Section 2. ap:Ob feet; theme run S. ovor42" E, along the VY""Y dW-of way She of Highland Avenue 175 tat for a Rofnt of BegirtNng, theme conWue S. ()"07,,42" E., atom semi d0h1-of W$-Y lure 75 tit: thence nut N. 89'W42- W.,170.02 feet: ftnoe.run N. 0°t)'!'42- W., ab og the E294" of Lot 6 of "' ntwood f : (Sae Plot Book 69. Page 28, PubflO Records of Pinellas County. Fklik1e),1$.77 fertlt to I Ntlttlteeat comer of sad Lot g: them rtrn N. 5T1 OlUr Wo M12 feel to the Northeast caner of Lot 10 of said Br60*10od BOW, thence run N. 6 '18" VII., Wong the North Brig Of ?ft 10 thru 12 of amotwood Estates: 178.15 Teel; thsncs tun N. 0'07'42" W..10 ,03 feet; thence tun S. 46029042" F,, atprg the South right of r IN of Sun" t A *V Hoed (seed fine teeing tap feet South of snd NWIM b the West renter line of said Section 2) 300,160 "nce run S. bt7'42" f;? .5 feet; Mends S. a $r, 2` E., 150 feet to p.O.e., being a pat110111of the NW % of the SW Y of section 2-29-15 and being.hr put a portion or Lott. of ergntwooQ Estates. (f..egal Descriptions for the Property to be verif od by title commitment end survey,.) LEGALEAST,016169Wv t-Consplidadao_pU-144_5rm*Lp,hpr,CO,UM.DM Page is 0%vo- RE??S'14U ', ? two i;;1N p1tttR 4 ., ..'l.7ACNbr'y?".' -• .. ? .. •?;"w;*"!e??c?Aw/rw+r7 a. ? ."r8 .. .,r.,.-,...r. ,, ?Rn?F'a,°,?fi! EXHIAr-rC PIKIMMEDEXCE .?opTlt9NS ate ?E 0 1. Rights of parties in possession. I Governmental dgids of police power or eminent domain unless notice of the exercise of such rights appears in the public accords as of the date hereof. end the coesq of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. 3. pefpublic iens. ractnrnbra MW4 adverse plaints or other matters l) not known to the Grantor and not shown by the records but known to the. grantee as of rite date hereof and not disclosed in writing, by the Grantee to the Grantor prior to the date bored; 2) resulting in no loss or damage to the Grantee; or 3) altachiag or crowed subsequent to theduue hereof 4. Visible and apparent easements and all underground easements, the existence of which may arise by unrecorded grant or by Me. 5. Any and all Wreeotdcd kaM if atuy. and A&S of parties there. 6. Taxes and assemrttents far the year of closing and subsequent years. 7. All judgments, liens (excluding construction Gems), assessroents. code enfarcemcat liem euncurttbracm declarations, mineral moarvatiorm covanams, restrictions, reservations, easetnentts, agteenctents and any other matters as shown do the public records. $. Any state of facts which an apCUtate survey or inspection of the Premises would reveal, including inlandAidal wetlands dadpation if applicable: 4: Any liens for menicipal bettaattettts assessed after the date of this Agmetnent and/or ordm for which assessments may too made after the date -of this Agreement. ORMSM Bank arAmui= - teas W.;7r drP L_?,. a,ff-rnatmon Pn CaftwWWWR-YL2. 13 , >as?tl c r.n roc JON rW a pDET'AltfNir.N'? CUCWCLLWNATER r, ?r:??:?'KV7!".?'•.1r?:.e, , ,.. W9?.',,..":P+,Fn.. ,. ?4nFt." ' ... .. ? , ? ...._ .. EXHIBIT O BILL OF SALE AND ASSIGNMENT FOR VALUE RECEIVED, BANK OF AMERICA, N.A, (''Seller"), hereby sells, bargains, conveys, assigns, transfers and sets over to (`.Purchaser"), its states"" and assigns forever, all of ,Seller's right, title and interest in end to the furniture, fixtures, equipo'lent and other iW is of personal property (collectively, the "Personal Property") all as located on or attached to the real estate and the building, and iinprovetnents erected thereon located at (the "Propai'1!?"). TO HAVE AND TO HOLD the above;mantioned Personal Property unto Purchaser, its successors and assigns forever. Seller covenants, represents and warrants that it has rood and legal title to the Personal Property froE:. and clear of 411 claims, liens, security inwrests, chargaa and encumbrances, subject to the permf tied Litceptions.ehrtwn in any public. reaotxls or 114"d in dw med from Assignor to Assignee of even daft herewith conveying the Property: arc) that Seller' has the right to transfer and convey such title to the P&sonal Prdpeq to Puurchascr. All terms, coves 44ts, r PmMtations and warranties contained herein shall be for and inure to the benefit of, and shall bind, the par ies'hereto and their mpective successors and assigns. Assignee tapes the Pwmnal Property "AS IS" and "WITH ALL FAULTS" and acknowledges that Assignor has not made and does tot make any repttsentations or warranties as to physical condition, operation, lnemh8ntebility,.mw*etaWlity, profitability, suitability or fitness for a pat'tieulat use ar purpose or any other matter, IN WITNEss WHMOF, and intending to be legally bound hereby, the undersigned has executed this Bill of $ate AS of the r clay of ?,ZM, BANK OF AMERICA, N.A. By: Name: Title: E mkorAmetiea,+ 1$?9 LWA1S'?ST44I 1WOO-vl EOM1%,i`pea•l41 uneet_RdaL.Cenugct,r)W CgCgNAL Role PW 0 Pinellas County Public GIS ?. JVer l Page I of 1 Property Report: 19 Close Window 1475 SUNSET POINT RD 02/29/15/00000/320/0200 6erlerai Municipality: CLEARWATER Subdivison: Tax District: CW Census Block: 3000 Census Tract: 026300 Zipcode: 33755 Acreage: 11525 Pub0c Ilfift Fine Disbid: 05 - Clearwater Evacuation Level: NON-EVAC Political Voter Precinct: 569 At-Large District: Distri lvialvi d 2 Ca Calvin D. Harris Single Member District: District 5 Karen Williams Seel Environ within 330ft. of Eagles Nest: No within. 660R. of Eagles Nest: No I ffAftang (by city) Curbside: null Dropoff: null Pickup: null http://g6.pinciiascouwiy.mg/pubiic-gis/web/pa= mport2.cf n7mE=ADDREsS&tS'I NU... 6!2/'1010 r? ?'wua # 1 Z :I 1440L -r-J i • • i ? ? y L J W Mill $ 3 Q W 0 JIS aI it", N 0 all] A' ?a L?• jai ??_ `?;'' ?.?i ...;.w ?.._ r r'?i" . P i- i ¢Y r"i??n'' A:, tf ? L F ? -`! P =_.1... f ? 11 ? ?? loxsnl • • 57 k.: ll. 1J4!i? 4 7"9 i Jl. 71 i?jl,wr-J i.. 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Is JOEL LN P R70$ • r • ¦ • • • • • • • 0 ¦ ws ® TAI ® WATER CBD CRD http://msb-gis-int/servlet/com.esri.esrimap.Esrimap?ServiceName=OVMap&ClientVersion... 6/2/2010 Map Output Page 1 of 1 1475 Sunset Point Rd. Zonin East Lake Palm Harbor' Oldsmar Dunedin • • • y • • w • 9 afetg Harbor • • x ? • • • • • . Clearwatier . • C r r . SYRAM r m • • • • • • ??'.FeatherSound • • r ¦ y Belleair Beach MYII SON Rn r , r r • • • • • + Legend • t ¦ • t • + • • • Parcellrrfarmation • ¦ r ERI . LN Str•ats • • • IF • ¦ • • • ¦ r • • • + r • • Parcels zoning ? SUNSET POIKrRp . i•;... LM . .:.. . 47 LMDR lw O MDR ¦ MMDR • • • • • • • ¦ NOR $PR1MG LN + ¦ MHP • • • • r • • • ¦ ¦ • ¦ T • . C G TFIAMES LN $ • a 0 r • ¦ •1T • ?• • + • a • • ® can JOEL LN P comely http://msb-gis-int/servlet/com.esri.esrimap.Esrimap7ServiceName=OV Map&ClientV ersion... 6/2/2010 Property Appraiser General If mation Page 1 of 4 in eractive MPP of this ale Hack to ery NCA Tax Collector Home Question/Comment about this "reel Querv Res ljtj Search PAP p?aee 02-29-15-00000-320=0200 Po abilit Data Current as of June 02, 2010 Print Radius Search [mnrovement Vale C Iculat r [9:49 ant Wednesday June 21 per Fa_ 55_3-&44 ll--"n r kzw%/Unilino Adidram Site Address BANK OF AMERICA ATTN CORP REAL ESTATE ASESSMENT NCI-001-03-81 101 N TRYON ST CHARLOTTE NC 28255-0001 1475 SUNSET POINT RD CLEARWATER 33755- art + Use- 2331 (Financial Institution - (savings, full service branch bank, loan Living Units: company, mortgage company, credit s) 0 [click here to hide] 2010 Legal Description UNPLATTED LAND IN NW 1/4 OF SW 1/4 & PT OF LOT 9 OF BRENTWOOD ESTATES DESC BEG NW COR OF SD LOT 9 TH N89D 26'15"W 175.15FT TH NOOD 07'42"W 167.63FT TH S89D 29'42"E 30OFT TH SOOD07' 42"E 175FT TH S89D29'42"E 15OFT TH S001307'4211E 75FT TH N89D29'42"W 170.02FT TH NOOD07'42"W 15.77FT TO NE COR OF LOT 8 OF BRENTWOOD ESTATES TH N57D19'07"W 124.72FT TO POB (CONT 1.52 AC(C) 2010 Exemptions Homestead: No Save-Our-Homes Cap Percentage: 0.00% Nan-Homestead 100/6 Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2002. Farcgl_Information 2009 Original Trim Notiee Most Recent Conv ance Sal Co arisen Census ract Evacuation Zone Plat Book/Pagel 02237/0104 G Sale a 121030263003 NON EVAC 200 Value Information Save-Our- Jus are Assessed Va County School unici al Year Homes Cap Va ue SOH Cap T le Val Taxable Value T able V ue 2009 No $745,000 $745,000 $745,000 $745,000 $745,000 [click here to hide] Value History Save-our- Just/Market Assessed Value/ County cool Municipal Year mes C flue H Cap Taxable Value Taxable Value T le Va e 2009 No $744,999 $745,000 $745,000 $745,000 $745,000 2008 No $875,000 $875,000 $875,000 $875,000 $875,000 2007 No $866,000 $866,000 $866,000 N/A $866,000 2006 No $860,000 $860,000 $860,000 N/A $860,000 2005 No $780,000 $780,000 $780,000 N/A $780,000 2004 No $710,000 $710,000 $710,000 N/A $710,000 2003 No $680,000 $680,000 $680,000 N/A $680,000 2002 No $658,000 $658,000 $658,000 N/A $658,000 http://www.pcpao.org/general.php?strap=152902000003200200 6/2/2010 Property Appraiser General I rmation Page 2 of 4 2001 No $632,800 $632,800 $632,800 N/A $632,800 2000 No $613,700 $613,700 $613,700 N/A N/A 1999 No $586,200 $586,200 $586,200 N/A N/A 1998 No $607,900 $607,900 $607,900 N/A N/A 1997 No $627,900 $627,900 $627,900 N/A N/A 1996 No $642,200 $642,200 $642,200 N/A N/A 2009 Tax Information Ranked Sales See all trans o s ick Here for 2009 Tax Bill Tax District: CH Sale Date Book/Page Price Q/U V/I 2009 Millage Rate: 21.0279 No recent sales on record Taxes without any $15,665.79 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here, for more -Information. 2009 Land Information Seawall: No Frontage: None View: Lan U Land Size Unit Value Units Method Financial Inst (23) 0x0 6.50 62940.4600 SF [click here to hide] 2010 Building 1 Structural Elements Back to Tou Site Address: 1475 SUNSET POINT RD CLEARWATER 33755- Quality: Average Square Footage: 10586.00 Foundation: Spread/Mono Footing Floor System: Masonry Pil/Stl Exterior Wall: Concrete Blk/Stucco Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal/Gypsum Stories: 2 Living units: 0 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 9 Year Built: 1964 http://www.pepao.org/general.php?strap=152902000003200200 6/2/2010 Property Appraiser General I oration Page 3 of 4 Effective Age: 35 No Building Drawing Cooling: Heat & Cooling Pkg Available Building 1 Sub Area Information Description Buildinz Finislted-F-t2 Gross Area FtZ act r Effective Ftz Base 5,539 5,539 1.00 5,539 Canopyfonly or loading 0 1,382 0.25 346 lp alRmW Unner Story 3,665 3,665 0.90 3,298 Total Building finished SF: 9,204 Total Gross SF: 10,586 Total Effective SF: 9,183 [click here to hide] 2010 Extra Features Description Value/Unit Units Total NewValue Depreciated Value Year FENCE $5.00 300.00 $1,500.00 $600.00 1964 BK WINDOW $10,000.00 2.00 $20,000.00 $8,000.00 1964 ASPHALT $1.75 8,000.00 $14,000.00 $14,000.00 0 click here to hide Permit Data Permit Information Is received from the Cow* and Cities. This data may be Incomplete and may exclude permits that do not result In field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office In which the structure is located. Permit Number Descri Lion Issue Date 11 Estimated Value No Permit Data Found ?adius feet): 1350 erials: 2009 Color Transparency: 0.5 Update Map f you do not see map, the SVG viewer has not been installed. Click here for information and installation. ow to copy and paste a static map using Internet Explorer: Right-click on the map; Select "Copy SVG"; Open a Word http://www.pcpao.org/general.php?strap=152902000003200200 6/2/2010 Property Appraiser General I: oration Page 4 of 4 http://www.pcpao.org/general.php?strap=152902000003200200 6/2/2010 Interactive Map of thia . al y Rad a Query New T.ax Q.ollvct9LH-Qmc QugstioWU-mm....ent a.baitt_tbia tercel ue Results Search Nagc. I -ry z _ ?g ver W ?? m gm va ?00 n 0arF, NO ?• aog Ccgn co ? c uO? m ? eoN?ao?? 1L NV c ? c cr Q ? ?7 r C ? v?z? co 0 m m? WJ C r I Ly r MOM yr' -,BCD -CrN MZ JR§A''2 . JM AN qC D 40, CV ID C Z a_ iz C r C O m C a Ca'O gC?N ?= c m 4400 m° ao? CO) c m ca c 0 c '-Ot C g'O C 2? 2 r c Z m =S W G a ms as s£ o~ $?-8v+ S`. cco w m Al -o n 4 W C s o C.? .» O W m z 94 r C - m ??00Sia? GN m m ? 03 4 EIf .H OC FScp'c ` pr. c -Cc C1]Q ?? C"ZC40 OD l0 N ,I W C Sc 5 Al m? ?p p G? 12 H'OW L000 L srL Uf 43 CAW O Q O Z J F- N W W F? yU °? O ?O L v ?? ol m l LLO.?yO W A P§z 6 Wz z Ix? W = W ? O ? O w g W W jr CL v_)a O ?WC9 coz* i?? t? 2 W H LU J W m w J D W U U? 0 Z a W c, W' O! Z I ao W W1 t m. m 4' LL ao. ? w w.a n? c?W 111 1 LO mQ g W LL Q ?? LUZ2010-06001 1475 SUNSET POINT RD Date Received: 6/1/201011:23:25 AM Belleair Development ZONING DISTRICT: LAND USE: ATLAS PAGE: 261A CDB Meeting Date: Julx 20, 2010 Case Number: LUZ2010-0600 Owner/Applicant: Bank of America/Belleair Development Group. LLC Address: A Portion of 1475 Sunset Point Road Agenda Item: E,T6 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Map amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) classification; and (b) Rezoning from the Office (O) and the Low Medium Density Residential (LMDR) districts to the Commercial (C) district. SITE INFORMATION Property Size: 66,211 square feet or 1.52 acres Portion of Property Subject to Amendment: 53,578 square feet or 1.23 acres Property Use: Current Use: Bank (Not in use since 2007) Proposed Use: None Plan Category: Current Categories: Residential/Office General (R/OG) Residential Urban (RU) Proposed Category: Commercial General (CG) Zoning District: Current Districts: Office (O) Low Medium Density Residential (LMDR) Proposed District: Commercial (C) Existing Surrounding Uses: North: Single Family Residential South: Single Family Residential East: Vacant Gas Station West: Retail, Printers Community Development Board- July 20, 2010 - Case LUZ2010-06001 -Page 1 of 10 SVIanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, ANALYSIS: The proposed amendment involves the north and west portions of a parcel located at 1475 Sunset Point Road, comprising approximately 1.23 acres. The amendment request is to change the current Residential/Office General (R/OG) and the Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category and the Office (O) and the Low Medium Density Residential (LMDR) zoning categories to the Commercial (C) zoning category. The 0.29-acre remainder of the parcel, which fronts on Highland Avenue, is currently designated by the Commercial General (CG) future land use category and Commercial (C) zoning category. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property, connecting to Highland Avenue. This land use amendment and rezoning application was not accompanied by an application for site redevelopment. Redevelopment of the site was discussed in concept with the applicant at the Planning & Development Department's Building Plan Review Committee meeting on April 7, 2010. At that time, the applicant did not identify a specific end use for the site. Earlier this year, a concept plan of the subject property showed the property as a Dollar General store and the parcel to the east as a Taco Bell fast-food restaurant with shared parking. A later rendering showed only the subject property as a Dollar General store. The applicant also stated that auto sales use was being considered for the property. At the July 7, 2010, BPRC meeting, the engineer for the property indicated that a Dollar General store and gas station were possible end uses of the subject property and the parcel to the east. In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. 1. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4-602.F.1 and 4-603.F.11 Recommended Findings of Fact The following objective and policies of the Clearwater Comprehensive Plan are not supportive of the proposed land use plan amendment: Policy 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 creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 2 of 10 SAPlanning DepartmenAC D B\Land Use AmendmentALUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC1Staff ReprjitlL:42010-0606: Sw t : Pl rt.d r:v -. v' Objective A.62 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. Recommended Conclusions of Law While commercial designation of the subject property would encourage land use conversion on an economically underutilized parcel and promote redevelopment activities (reference Policy A.6.2.2) through potential parcel consolidation with the commercially designated parcel at the roadway intersection, the potential extension of intensive commercial uses along the predominantly residential corridor could negatively impact adjacent neighborhoods. The proposed amendment would allow for additional uses not allowed under the subject property's current future land use and zoning designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. Since no use is currently being proposed, it is not possible to know what off-site impacts the use will have on the single-family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue is primarily residential in nature with some office, neighborhood retail, and institutional uses. It is most appropriately suited for these uses and not commercial uses that generate citywide or countywide residents. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact The purpose of the proposed Commercial General (CG) category, as specified in Section 2.3.3.5.4 of the Countywide Plan Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The site is located across the Sunset Point Road right-of-way from single family homes to the north. To the immediate south are also single family homes. A vacant gas station is located immediately east of the site. To the west are a small market and print shop, both nonconforming uses. Low Medium Density Residential, Office, and Commercial zoning districts surround the site. Locational Characteristics, as specified in Section 2.3.3.5.4, state that the Commercial General (CG) category is appropriate to locations in and adjacent to activity centers where surrounding land uses support and are compatible with intensive commercial uses; and in areas in proximity to and with good access to major transportation facilities, including mass transit. The subject property does not meet the locational characteristics stated above since it is not located in or adjacent to an activity center or a major transportation facility. However, the property is located on a PSTA bus route. Recommended Conclusions of Law The Sunset Point Road corridor, west of Highland Avenue, is not an area that is developed, or Community Development Board- July 20, 2010 - Case LUZ2010.MOI - Page 3 of 10 SAPImping-AepartmenAC D B\Land Use Amendments\LUZ 2010U,UZ2010-06001 - 1475 sunset Point Rd - Belleair Development Group, ,' LLOStaffReporfd.UZ2010-06001 Staff Reaai..dnc- -- ' - - -: • - appropriate to be developed, in a way that provides community and countywide commercial goods and services. The site is not located in or adjacent to an activity center or a major transportation facility. The proposed plan amendment is not consistent with the purpose or the locational characteristics of the Countywide Plan Rules. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-602.F.2, 4-602.F.3, 4-602.F.4, 4-603.F.3, and 4- 603-F.61 Recommended Findings of Fact The subject property is located on the south side of Sunset Point Road, between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single family residences, multi-family residences, retail, restaurants, offices, and a gas station. To the north and south are single family homes with a future land use map category of Residential Urban (RU) and zoning district of Low Medium Density Residential (LMDR). The Residential Urban (RU) category permits 7.5 dwelling units per acre. The Low Medium Density Residential (LMDR) zoning district primarily permits residential uses. To the east is an automobile service station use with a future land use map category of Commercial General (CG) and a Commercial (C) zoning district. The Commercial General (CG) category permits 24 dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. The property has not been used as an automobile service station since July 2003 and has been vacant since that time. East of Highland Avenue, along Sunset Point Road, a windshield survey indicates a number of underutilized vacant commercial properties. To the west are nonconforming retail and printing shop uses with a future land use map category of Residential/Office General (R/OG) and Office (O) zoning district. The Residential/Office General (R/OG) category permits 15 dwelling units per acre and a floor area ratio of 0.50. The Office (O) zoning district primarily permits offices, places of worship and school uses. The retail use is a small neighborhood market, which shares a 4,392 square foot building with a print shop. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55 and the proposed Commercial (C) zoning district primarily permits indoor recreation/entertainrnent, offices, overnight accommodations, restaurants, retail sales, and vehicle sales/displays uses. Therefore, the category and district as proposed do not appear appropriately located. Commercial uses are not compatible with single-family uses. A less intensive use, such as multi-family or office, would be more appropriate located contiguous to single-family homes and fit in with the character of Sunset Point Road west of Highland Avenue. This request is not compatible with the surrounding area and may unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use and zoning designation are not in character with the overall Future ' Land Use Map and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. Community Development Board -July 20, 2010 -Case LUZ2010-06001 -Page 4 of 10 SAPlanning DepamnenAC D BU,and Use AmendmentsU.UZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, .." - . -LC Staff ri?px"! LJZ201O-W-0I Staff Rep4u.iAoc ` IV. SUFFICIENCY OF PUBLIC FACILITIES (Section 4-602.F.5 and 4-603.F.41 Recommended Findings of Fact The total area of the subject property is approximately 1.52 acres (66,211 square feet), of which 0.29 acres (12,632 square feet) is zoned Commercial (C), 1.15 acres (50,094 square feet) is zoned Office (O) and 0.08 acres (3,484 square feet) is zoned Low Medium Density Residential (LMDR). The Office (O) and Low Medium Density Residential (LMDR) zoned portions of the property are subject to the amendment request. The Residential/Office General (R/OG) future land use category permits 15 dwelling units per acre and a floor area ratio of 0.50. The subject property could yield a maximum of 17 dwelling units or 25,047 square feet of nonresidential floor area in the area currently designated Residential/Office General (R/OG). The Residential Urban (RU) future land use category permits 7.5 dwelling units per acre and a floor area ratio of 0.40. The portion of the subject property currently designated Residential Urban (RU) is too small to support even one dwelling unit because it was subdivided from the originally platted residential parcel to the south. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55. Under the proposed Commercial General (CG) category, the subject property could yield 29 dwelling units or a floor area of 29,468 square feet. The proposed change to the Commercial General (CG) future land use category would provide for an increase of 4,421 square feet of buildable area on the subject property. The current Office (O) and Low Medium Density Residential (LMDR) zoning districts primarily permit residential, offices, places of worship and school uses. The proposed Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. Roadways Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based on the current and proposed Future Land Use Map designations. The table indicates the maximum potential trips generated by future land use category based on the traffic generation rates in the Countywide Plan Rules. The table also shows the potential roadway level of service impacts to Sunset Point Road under each scenario. Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments. Sunset Point Road from Edgewater Drive to Keene Road currently operates at a level of service C, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the proposed future land use category would lower the operating level of service to D, peak hour. The adopted level of service standard for the roadway segment is D, peak hour. Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation Yh Edition. The analysis compares trips generated by the former use of the subject property (drive-in bank) to uses representing the maximum development potential under the current and proposed zoning districts. Community Development Board - July 20, 2010 - Case LUZ2010-06001- Page 5 of 10 S:\Planning Department\C D B\Land Use AmendmentsNLUZ 201RV.UZ20.10-0600L - 1475 Sumet Point Rd - Belleau Development Group. Table 1: MAXIMUM POTENTIAL TRAFFIC Sunset Point Rd (Edgewater Dr to Keene Rd) Existing Conditions Current FLUM1 Proposed FLUMZ Net New Trips Maximum Dail Added Potntial Trips N/A 210 740 530 Maximum PM Peak Hour Added Potential Tri s N/A 19 70 51 Roadway Volume 9,965 10,175 10,705 53.0 Roadway Level of Service PM Peak Hour C C D D Adopted Roadway Level of Service Standard D Peak Hour Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. 1. Based on Pinellas Planning Council (PPC) calculations of 178 trips per acre per day for the Residential/Office General (R/OG) Future Land Use Category and 68 trips per acre per day for the Residential Urban (RU) Future Land Use Category. 2. Based on PPC calculations of 487 trips per acre per day for the Commercial General (CG) Future Land Use Category. 3. Based on MPO K-factor of 0.095. 4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION Avg. Net Change PM Peak PM Net Land Use Development Daily Average Trips Peak Change Potential Trips Daily Trips Average Trips P Peak Rate Trips EXISTING DESIGNATIONS: "O" Zoning District ( "R/OG" Future Land Use Category) General Office Building 25,047 SF' 275 N/A 1.49 37 N/A 11.01 trips/1,000 SF GFA Existing Drive-in Bank 10,586 SF' 1,568 N/A 25.82 273 N/A 148.15 trips/1,000 SF GFA EXISTING DESIGNATIONS: "LMDR" Zoning District ("RU" Future Land Use Category) Single-Family Detached Housing, 0 DU 0 N/A 1.02 0 N/A 9.57 trips/unit) PROPOSED DESIGNATIONS: "C" Zoning District ("CG" Future Land Use Category) Exa le Uses New Car Sales 36,416 SF' 1,214 -354 2.59 94 -179 33.34 trips/1,000 SF GFA Fast-Food Restaurant w/ Drive-Through Windows 4,100 SF9 2,034 466 33.84 138 -135 (496.12 trips/ 1,000 SF GFA - Notes: GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A = Not applicable. 1. Institute of Transportation Engineer's Trip Generation 8's Edition Land Use 710. 2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 912. 3. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 210. 4_ Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 841. 5. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 934. 6. Total gross floor area ratio permitted by the underlying R/OG Future land use map category is 0,50. 7. The Pinellas County Property Appraiser website provides the square footage. 8. Total gross floor area ratio permitted by the underlying CG Future land use map category is 0.55. 9. Average square footage of a fast-food restaurant with a drive-through window. Community Development Board -July 20, 2010 -Case LUZ2010-06001 -Page 6 of 10 SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC1StaffReport\LU22A0* jor. StaP ReE i.r':: A specific use of the property has not been proposed by the applicant; therefore, two possible uses were analyzed in the Trip Generation Comparison by Zoning Designation table. Restaurant with drive-through window was chosen because it is an intensive use. Based on the ITE Trip Generation Manual, this use would result in 138 PM Peak trips. The new car sales use was chosen because the applicant's representative indicated that this was a use being considered. New car sales developed at the maximum intensity in the Commercial (C) District (36,416 square feet) would result in 94 PM Peak trips on Sunset Point Road. The drive-in bank use results in 273 PM Peak trips. Both of the possible uses analyzed generate fewer PM Peak trips than the drive-in bank use. Even though banks are considered an office use in the Community Development Code, the trip generation characteristics of this use is similar to restaurants, gas stations, and other service type uses. Mass Transit The citywide level of service for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject property is located on a mass transit route. Potable Water The current future land use designation could use up to 2,660 gallons of potable water per day. Under the proposed future land use designation, potable water demand could approach approximately 2,946 gallons per day. There is a slight increase in consumption. Wastewater The current future land use designation could produce up to 2,144 gallons of wastewater per day. Under the proposed future land use designation, sewer demand *could approach approximately 2,357 gallons per day. There is a slight increase in consumption. Solid Waste The current future land use designation could generate 47 tons of solid waste per year. Under the proposed future land use designation, 366 tons of solid waste could be generated per year. There is an increase in solid waste produced. Recreation and Open Space Due to the fact that the site is developed, the payment of Open Space, Recreation Land and Recreation Facility impact fees will not be required at this time. Should the site be redeveloped, the fees will be required prior to the issuance of a building permit. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Public School Facilities Based on factors established by the Pinellas County School Board, the current Residential Office/General (R/OG) plan category (potential of 17 residential units) and Residential Urban (RU) plan category (potential of 0.60 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 17.60 units= 2.64 students Middle School: 0.07 students per unit x 17.60 units =1.23 students Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 7 of 10 SAP?anning DevartmentlC D B\Land Use Amendments\LUZ 2010U.UZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC\,Staff Report%JZ2010-06001 Staff Rcporc6ac :. ?- - •• High School: 0. 10 students per unit x 17.60 units = 1.76 students TOTAL = 5.63 students Based on factors established by the Pinellas County School Board, the proposed Commercial General (CG) plan category (potential of 29 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 29 units = 4.35 students Middle School: 0.07 students per unit x 29 units = 2.03 students High School: 0.10 students per unit x 29 units = 2.90 students TOTAL = 9.28 students An increase of 3.65 students could occur as a result of the proposed Future Land Use Map amendment. The subject property is located within Concurrency Service Area (CSA) D for elementary and Concurrency Service Area (CSA) C for middle schools. According to enrollment and capacity data from the Pinellas County School District, there is available capacity within both CSA D and 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 the proposed Future Land Use Map amendment would degrade the existing level of service on Sunset Point Road or the operational efficiency of the signalized intersection. However, PM peak trips would be expected to decline. Further, there would be increased demand for potable water, wastewater, and solid waste service, although the increase would not negatively impact the City's ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit will not be affected by the proposed amendments. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.1 Recommended Findings of Fact No wetlands appear to be located on the subject property. This property is developed as a drive- in bank and has trees and landscaping on site. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject property. The intent of the new buyer is to redevelop the property in the future for a commercial use. The site is currently developed. 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 The location of the proposed Commercial (C) District boundaries is consistent with the boundaries of the subject property, which are irregularly shaped. The proposed Commercial (C) District boundaries would consolidate the subject property into a single zoning district" However, the proposed Commercial (C) District is not compatible with Community Development Board -July 20, 2010 - Case LUZ2010-06001 -Page 8 of 10 SAPlannina Department\C D B\I,;knd Use A.mendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleau Development Group, L_, -?S.aff P. ge-ATU7_2010-0600: Staff Report.Zec the single-family uses to the north and south. 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. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Section 4-602.F.11 The proposed Commercial General (CG) Future Land Use Map category permits a floor area ratio of 0.55 while the existing Residential Office/General (R/OG) and Residential Urban (RU) categories permit less intensive floor area ratios of 0.50 and 0.40, respectively. The 0.90 impervious surface ratio of the proposed Commercial General (CG) category is higher than the existing Residential Office/General (R/OG) category imperious surface ratio of 0.75 and Residential Urban (RU) category imperious surface ratio of 0.65. The subject property meets the minimum lot area of 40,000 square feet and lot width of 200 feet required for minimum standard uses in the Commercial (C) District. A survey of the property indicates that structures currently encroach into the required setback on the north, south, and west sides of the property. Since the property has been vacant more than six months (Bank of America closed in May 2007), any use of the property will require conformance with the current Code. Any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. These criteria may prohibit certain uses contiguous to residentially zoned properties (e.g., vehicle sales/display). SUMMARY AND RECOMMENDATIONS The request for amendment to the Future Land Use Map involves a change from the Residential Office/General (R/OG) and Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category. Also involved is a request for rezoning from the Office (O) and the Low Medium Density Residential (LMDR) zoning districts to the Commercial (C) zoning district. The subject property is developed as a drive-in bank that has remained vacant since May 2007. Residential uses primarily characterize the surrounding area to the north and south, while low intensity office, retail, and institutional uses characterize the surrounding area to the east and west. The proposed amendment is compatible with the properties to the east and west, but not those to the north and south. The proposed amendment is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed change is not compatible with low intensity uses in the surrounding area. Furthermore, the proposed amendment does not meet the purpose and locational criteria for the Commercial General (CG) designation in the Countywide Plan Rules. The current Office zoning district provides an appropriate transition between more intensive commercial uses to the east of the subject property and the single family use to the north and south. Based on the above analysis, the Planning and Development Department recommends the following actions on the request: Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 9 of 10 SAPlanning Depanment\C D B\Land Use AmendmentslLUZ 2010U,,UZ2010.06001 - 1475 Sunset Point Rd - Belleair Development Group, L:.ML,iaf'? i cpoitL..L2G'_'1;?!all Stiff R.?p6P1..iioe_ ACTION: Reconnmend DENIAL of the Future Land Use Map amendment from the Residential/Office General (R/OG) and Residential Urban (RU) categories to the Commercial General (CG) category and the rezoning request from the Office (O) and Low Medium Density Residential (LMDR) districts (County) to the Commercial (C) District. Prepared by Planning & Development Department staff: Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Cate Lee, Planner 11 Community Development Board - July 20, 2010 - Case LUZ2010-06001 - Page 10 of 10 S70anning Department\C D M and Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belleair Development Group, "; LLC1Staff R- } ort1LUZ20.0-060^ 1 5°:a. is ptJ * [?r,? V i ? ?: Cate Lee 100 South Myrtle Avenue Clearwater, FL 33756 727-5624557 catherine.lee m clearwater.com PROFESSIONAL EXPERIENCE Planner II, Long Range Division City of Clearwater, Clearwater, Florida November 2008 to Present 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 Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Create maps for decision makers using Geographic Information Systems software. Planner I and Planner II, Development Review Division City of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City's Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. • Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson, AICP. • Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP 0 American Planning Association o ?:. ??? ?•? f ?.?Aa. Rb R9? % I•• ...? ?.??•.L.... W m 4 FY'd h Z OR 'P"Fno?uY. ° j wlLSOro RD x ELIZABETH L4 f`'_'._'P;'7 '. •' ? ERIN a • ' }. - .. '^ i ... ... w .:.?....:.._. 1 r .._. SUNSET POINT RD k 1 _ PROJECT SPRING LA n : Creek Or SITE57? o ' THAMES Lk c o i n 9 JOEL IA OrTEN T GREENLEA -•OAgCt I HEAVEN 1' ICAADLYN t i?t -a awvbr LA I.-I L4 i' { & ' ealvDv LA MARY L ?RD Cr T { ERRACE Rb ?...- I I- ?DV!_-onoue 11MN000 ?- FLAGL •p -r"' ?: ?•? FAIRMONT ST r , ST Q ?• _ Sc0 ti q? 1. ,I• y vARKWOOD '? c? -.-•-(_ • ?- OOQH ST s f 1? w O WOODBINE Q _-• ?V SHER r WRIN.??tJ ? J BPRI? 2 ? • • ? SPRI ? ? y ? 1 m ? ? ? ? ' ' ! • 9 Tl ST OJERLEA ST CARR 4 y. ENGMNV Sr DR ? r •L PINE EA OOK ° c • oer . $ WOOO8gN LA (ARK'.ST. 1 WEBB AOMIRAL , r '? F1 2 N HI&SCUS?' LOCATION MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261A S:\Planning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06001 - 1475 Sunset Paint Rd- Belleair Development Group, LLC\Maps\LUZ2010-06001 LOCATION MAP.docx I I v :f °? 1911 SON RD 1915 1909 1908 1907 U 1904 r Qa 190b ERIN LN 1904 n 1900 O 1994 - lzl g 1900 1901 SUNSET POINT RD OG CG 1888 1898 1897 SPRING LN 1ar7 1851 1871 1 1848 1848 F7 CG ,845 1848 CG x THAMES LN ?11 1835 1844 v r? `rr? :F 0 1831 " A A A A 02 1821 2 A A A A A A A A 1 ? ? k ? ?, F t , ` a $ :F 1923 1840 ..1 1835 1844 JOEL LN x U ZLO q I FUTURE LAND USE MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres ): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15400000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: T 261 A SAPlanning Dcpaltment\C D B\Land Use Amendn=ts\LUZ 20101LUZ2010.06001- 1475 Sunset Point Rd - Belleair Development Group, LLC\Mapg1LUZ2010.06001 FUTURE LAND USE MAP.doex ? ? ? ,,?"a 1e11 15 WILSON RD /8909 1908 1907 1904 4 1905 ERIN LN L Dp ? 1904 y A 1900 O 1902 1909 1901 1898 1897 G LN 1sn M 1851 1874 v $ 1844 1849 1848 gg 1845 1846 1841 1840 Z Dl? THAMES LN Q 1835 1844 M" 1824 C 1831 W a 1827 ' L1 1823 1835 .T1. JOEL LN a s s a ZONING MAP Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG. RU O, LMDR To: CG C Atlas Page: 261 A T S-Planing Department\C D B\Land Use AmendmentALUZ 2010\LUZ2010-06001 - 1475 Sunset Point Rd - Belieair Development Group, LLC\Maps\LUZ2010-06001 ZONING MAP.docx w 30 50 F 31 F A 36 42 WILSON RD 14 in @S ;g $ 36 47 19W 27 8778 " to ? 17 F 10 7905 15 13 20 19 - 49 37 1905 4 5 6 y a 7 a F F P ? I It AMC 9 10 a F ? fi 12 1802 ? ` ? F 3B 1? SUNSET POINT RD it Vacant Offic 1 52 A p1 . c qq 1888 • 15 J14 I h a? 1 ?.1h 3 12 tl A 11 q ?p a 1w .q I+t V IJ so L -- - r 1 " 4 4 s ERIN LN F 39 35 34 39 1501 2 1897 Ih Retail ru grant & Ser w ff 80 79 6 7§ 76 72 71 w ,857 Cash 'T 7 Thri fills 1? Store , '#" eswuran Grocery I THAMES LN 13 g 198 anc Store 1844 v r? F 61 63 4 M 66 67 8B 69 79 56 55 54 12 50 9 48 47. w F w a F 1824 O 18491 Doctor `q Q 91 /? \ -`-'f\`444 7 O??fni ces A tlA9fA@AAi?AQM^Q?' 1840 J 1836 T82 X JOEL LN H a ? ? ? ? 116 w w EXISTING SURROUNDING USES Owners: Bank of America Case: LUZ2010-06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R/OG, RU O, LMDR To: CG C Atlas Page: 261 A S VIa ming Depatlment\C D B\Land Use Amendments\LUZ 2010\LUZ2010.00001 - 1475 Sunset Point Rd - Belkair Development Group, LLC\Maps\LUZ201D-06001 EXISTING SURROUNDING USES MAP.do" SAPlanning DepamnentlC D Bland Use AmendmentslLUZ 2010TUZ2010-06001 - 1475 Sunset Point Rd -Bel Icair Development Group, LLC\Maps1LUZ.2010-06001 AERIAL PHOTOGI2APH.docx LUZ2010-06001 Belleair Development Group, LLC 1475 Sunset Point Road East of the subject property View looking south at the subject parcel, 1475 Sunset Point Road West of the subject property Across street, to north of the subject property View looking westerly along Sunset Point Road View looking easterly along Sunset Point Road CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) 49 PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, god FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: MAILING ADDRESS: Please use agent "`???ISI r • PHONE NUMBER: FAX UMBER: PROPERTY OWNERS: 43211W (3& k- Q t (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: P.0- Box 6015, Palm Harbor, Florida PHONE NUMBER: 727-804-1760 FAX NUMBER: 1-888-977-1179 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland , STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: See SUIYe PARCEL NUMBER: 02-29-15-00000-320-0200 SIZE OF SITE: 1.52 acres FUTURE LAND USE CLASSIFICATION: PRESENT: R/OG C& P-U REQUESTED: CG ZONING CLASSIFICATION: PRESENTO C, L. FA-0 V, I REQUESTED: C PROPOSED TEXT AMENDMENT: n/a (use additional paper f necessary) I (We), the undersigned, acknowledge that all representations made in this application are true and ar e_,4 the best of my/(our) of property 0 PmPerff owner a representative Pressman & Assoc., Inc., AGENT STATE OF FLORIDA, COUNTY OF P N LLAS Sworn to an scribed before me this day of A.D., to me by , who is per nally kn n_ as produced r*r. c v ecLLLc_a.? s-Las identification. Notary public; my commission expires. JARED R. MY CQMIdISSION I D 697319 EXPIRES: Jun .2011 PRESSMAN AND ASSOC., INC. GOVERNMENTAL AND PUBLIC AFFAIRS P.O. BOX 6015, PALM HARBOR, FL 34684 727-804-1760, EX. (888) 977-1179 E-MAIL, PRESSINC@AOLCOM DRC Res nse Issues LUZ 2010-06001-1475 Sunset Point Rd. This communication includes all responses that were raised at the DRC meeting review: 1) Policy A.2.2.3: Development of the site would naturally be directed toward the arterial roadway and commercial activity and away from the residential uses. 2) Countywide Plan Rules, 2.3.3.5.4: There has been consistent, long term and intensive commercial development all along this node, including the introduction of new and changed businesses. This development has spanned the entire length of this intersection including many circumstances of residential uses abutting commercial uses. The long-term nature if this use is compatible with existing similar uses in the immediate vicinity. There are good transportation facilities in the area including mass transit. 3) Community development code section 4.603.F.3: Compatibility of this use has been established over the long term with existing similar uses in the vicinity. The development patterns of the past have established certain uses to exist in compatibility with other uses that have existed for a long time. 4) Community development code section 4-602F.1: This criterion or situational issue is understood. 5) Policy A.5.5.1 of the City's Comprehensive Plan: The use proposed does maintain and support the existing character of the neighborhood. CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, god FLOOR PHONE (727)-5624567 FAX (727) 5624576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS ((INCLUDING FUTURE LAND USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. Names of all persons or corporations having a contractual interest in the property. An assessment of the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City Information that demonstrates that the proposed amendment complies with the following standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. 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. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Belleair Development Group Comp. Plan Amendment Res onse to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A-6.4 Objective - Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: 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 creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the Iocational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re-developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West - and has worked fine. Comprehensive planning policy: 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 DEVELOPMENT. A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Pg. 2 Belleair The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) By following the principals and directives noted above - basic objectives of the City and the Comprehensive Plan this proposal is not inconsistent with other elements of the Plan. Because the site is well fit into the existing node and can protect residential uses surrounding, the site is not inconsistent with the Comp. Plan. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. You also need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from Highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site -- where they do not on the east side. 4) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. S) the site will be required to restore any natural and landscaping facility to the standard of the code and it will be a huge improvement to what is currently at the site now. Any trees that are substantial will be protected or mitigated. 6) With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. Again, approximately 150'to 160' exist between this site and the residential directly across the street. With Sunset Point Road as a barrier, and new landscaping, and 2 access points on two separate major roadways, there will be no impacts to the residential. Both this residential to the North - and the South - are well protected, but have been in a configuration with intensive commercial uses for a very long time. The critical factor, again, is that this site has fallen in a very bad state of disrepair and this application promises to bring vitality, investment and badly needed renovation to this site - rather than see the site fall into greater disrepair. W 4+?x C } C. tea= C3 ',i., raMil Lbw A,nrJ4,,14?A?.r q,,yrd, M . - R 2237 04 t Ur Made this ti lo"a datr of ? ? yt~ +-'? .44. D. 1965 BetWern FIVE POINTS HOLDING COMPANY a corpatation et tetinf under the laws of the State of Florida havinf its principal place of business in the County of Pinellas and ' State of Florida party of the 4ret part, and THIRD CITY NATIONAL BANK OF CLEARWATER, whose address is: Sixset Point. Rd & Highlan,a ; :,en,ue of the County of Pinellas and State of Florida part y of the second part, Witnesseth, That the said party of tne/trot part,-for and in consideration. of the sum of TEN DOLLARS and other valuable considerations ----ZDolkwo, to,t in hand paid, the receipt whereof is hereby 6ek-noteledged, has grunted, bar- grained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth. grant, hargrtin, .sell, alien, remise, release, ennvey and con/lrm unto the said party a/ the second part., and its successors ----hvirs•and assignor forever, all that certain parcel of land'lying and being in the rounty of Pinellas and State of Florida, more partirularlydcsrrihAd as follows: From the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, run S. 0007142" E,, E? along the East line of the sgid Northwest 1/4 of the Southwest 1/4 ?I 50.00 feet; thence run N. 89 29'42" W., parallel to the East-West 11 center line of said Section 2, 50.00 feet; thence run S. 007'42" E,, along the Westerly right-of-way line of Highland Avenuu 175 feet for a Point of Beginning; thence continuo S. 0007'42" E., along said right-of-way line 75 feet; thence run N. 89029'42" W., 170.02 feet; thence run N. 0007'42" W., along the East line of Lot 8 of Brentwood Estates (Ste Plat Book 59, Page 28, Public Records of Pinellas County, Florida), 15,77 feet to the Northeast corner of said Lot 8; thence run N. 57019'07" W., 124.72 feet to the Northeast corner of Lot 10 of said Brentwood Estates; thence run N. 89026'15" W., along the North line of Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42" W., 167.63 feet; thence run S. 89029'42" E., along the South right-of-way line of Sunset Point Road (said line being 50 feet South of and parallel to the East-West center line of said Section 2) 300 feet; thence run S. 0007'42" E,, 175 feet; thence S. 89029142" E., 150 feet to P.O.B., being a portion of the NW 1/4 of the SW 114 of Section 2-29-15 and being in part a portion of Lot 9, of Brentwood Estates. Subject to easements and restrictions of record. Together with all the tenements, hereditarnents and appurtenances, u4th every privilege, right, title, interest and estate, reversion, rernainder and easernent thereto belonging or in anywise appertaining: To Have and to Hold the same in fee simple forever. dnd the said party of the first part doth covenant with the said party of the second part that it is lawfully seized of the said premises; that they are free ?fall incumbrances, and that it has good right and luuPful authority to sell the 30r7.e; and the said party of the flret part does hereby fully warrant the title. to said !arid; <uul will defend the, same against the tatu/u1 alaint.a (P/ all pars"ns whont•rorver, I11 WillICHN Nk i1/•mt)f, the said party of the. /tret part has caused these presents to be signe4l in its name by its 11'residnnt, and its corporate seal to be a//Ucd, atit I& (Corporate the day and year above written. • Seat) Signed, Seal -aud•Delirered in Our 1'reown.•r: Do ald E •B eakley, Presid t. I State of Florida, R. 2237 w 05 Gmaly of PINELLAS 1 HEREBY CERTIFY. That on this `x y before W personally appeared r! DONALD E. BLEAKLEY . P. 19 ? President am%j "13PWdvWy of FIVE POINTS HOUSING COMPANX , a corporation under the laws of the State o/ Florida , M rrie k Qum to be the persons described in and who executed the /oWoini ron.(eyan.ce to THIRD CITY NATIONAL BANK OF CLEARWATER and severally aeknorvledped the execution thereof to be their free act and deed as such officers, /or the uses and purposes therein mentioned; and that they affixed thereto the ofRelal seal of said corporation., and the said instrument is the act and deed of said corporation. WITNESS my sifnature and official seal at Clearwater in the County of Pinellas and ,State of Florida, the day and year last aforesaid. r p .Afy Uf1rr!/7lLR.Yi41lR je'rpirr.R IApI WARY PUBt1C SIA(( et 110RI911 M lhil NY COMMISSION F1IPIAIS AUC. I. 1969 09,059 twwYW• rode . O•foll..Oan r Xfdflry j`riblic r ^J ' G «r; ls1 X O? v - srATr..?. F i_oioA ti STA c h=1 0 ?l1DA 1XXU%!c,"T-"> r. 1n): ?i h•: Q.CU!f F:•'-l :r'.`??4i T,i Fir 1'AY, ' ' _• ?F•. Stiti. - "-. - D w A 0 f1 w O w w H .r EXHIBIT A LAND That certain parcel of land lying and being in the County of Pinellas and State of Florida. more particularly described as follows: From the Northeast comer of the Northwest A of the Southwest % of Section 2, Township 29 South, Range 16 East, run S. 0.07'42' E., along the East line of the said Northwest Y of the Southwest r .b0.D0 feet, thence run N. 89129'42'W., parallel to the East-West center One of said Section.2.50.00 feet; thence run S. 0`07'42" E., along the Westerly right-of-way One of Highland Avenue 175 fit for a Pout of Beginning; thence continue S. 0°07'42' E., along said fighWway line 75 feet; thence run N. 8919'42" W., 170.02 feet; thenceimn N. 0°0T42' W., along the Easfllinq of dot 8 of Brentwood E=states (See Plat Book 69, Pege 28, Public Records of Pinellas County, Florida), 16.77 feet tQ the Northeast. corner of said Lot 8, thence run N. snow, 1N., 124.72 feel to the Northeast comer of Lot 10 of said Brentwood Estates; thence run N, 8V2-6'16'W. , along the North line of lots 10 thru 12 of Brentwood Estates, 178.15 feet; thence run N. MQ7142' W ,167,63 feet; thence run S. 89029'42` E., along the South righWf--Way line of Sunset Point Road (said line being 50 feet South of and parallel to the East-Vilest center line of said Section 2) 300 feet; thence run S. 0"07'42" 1-. 1-15 feet; thence S. 88°29'42' E, 190 feet to 12A:8„ being a portion of the NW '/. of the SW A of Section 2-29.15 and being In part a portion of Lot 9, of Brentwood Estates. (Legal Descriptions for the Property to be verified by title commitment and survey.) LWA1.6ASTM16169M-v I-CansolidAiM-,_1•'1..2-146,_,,,SunselJ'uipl_COulr,Ct,DM Pape 15 CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: Flea MAILING ADDRESS: Please use agent PHONE NUMBER: 727-804-1760 // yC FAX NUMBER: PROPERTY OWNERS: --- (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: PO Box 6015, Palm Harbor, Fl 36684 PHONE NUMBER: 727-804-1760 FAX NUMBER: 1-888-977-1179 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS. 1475 Sunset Point Road LEGAL DESCRIPTION: see survey PARCEL NUMBER: 02-29-15-00000-320-0200 EXISTING ZONING: .O PROPOSED ZONING: C LAND USE PLAN CLASSIFICATION. R/OG SIZE OF SITE: 1.52 acres REASON FOR REQUEST: Commercial use is appropriate I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Swor to and subscribed before me this day of are true an urate to the best of my A.D., to me and/or knowl e. by _7 Y is.personally known ha produced fO A.- w % identification. -???aY ?a_ Cam- VL?Ss Sig l ure of pr rty owner epresentativ Notarypublic, 1 [ o d Pressman, Pres. Pr ASSOC., Inc. my commission expires: r JARED R. MOLL `. PAY COMAIISSIION N DD 687319 INV- .aa EXPIRES: Jane 20.2011 r Page 1 of 2 CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). Names of all persons or corporations having a contractual interest in the property. A copy of any existing deed restrictions to which the City is a part relating to the property. - Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic-carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 Belleair Development Group Zoning Amendment Res once to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective - Due to the built-out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning polity: 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 creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re-developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West - and has worked fine. Comprehensive planning policy: 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 DEVELOPMENT. A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of Pg. 2/Belleair redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) There are intensive uses that abut this site. To the immediate East is an existing gasoline station. To the immediate West is a convenience/food store, a printing store and a number of other intensive commercial type enterprises. While residential uses are present across the street, there is a reasonable distance between the uses - approximately 150' to 160' directly - along with Sunset Point road separating the uses. The long term existence of commercial uses along Sunset Point - both East and West of the Highland intersection - has been a long standing posture and one that works well. This proposed use will join a long term existence of strong commercial uses at this intersection and along Highland Avenue to the South. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. 4) Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. 5) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 6) This is certainly the case. You need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site - where they do not on the east side. COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 20, 2010 Present: Nicholas C. Fritsch Thomas Coates Frank L. Dame Doreen DiPolito Richard Adelson Brian A. Barker Norma R. Carlough Absent Also Present: Kurt B. Hinrichs Gina Grimes Leslie Dougall-Sides Michael L. Delk Gina Clayton Robert Tefft Patricia O. Sullivan Chair Vice-Chair Board Member Board Member Board Member Board Member Acting Board Member Board Member Attorney for the Board Assistant City Attorney Planning & Development Director Planning & Development Assistant Director Development Review Manager Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: June 15, 2010 Member Coates moved to approve the minutes of the regular Community Development Board meeting of June 15, 2010 as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE: (Items 1-2) (Continue both items to August 3, 2010) 1. Level Three Application Case: LUZ2010-06002 - 3400 Gulf-to-Bay Boulevard (Related to DVA2010-06001) Owner/Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757-1368; phone: 727-461-1818; fax: 727-462- 0365). Location: 131.05 acres located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of S. Bayshore Boulevard. Atlas Page: 292B. Request: a) Future Land Use Plan amendment from the Institutional (1), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water Categories to Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water Categories; and Community Development 2010-07-20 b) Zoning Atlas amendment from the Institutional (1), Commercial (C), Preservation (P), and Open Space/ Recreation (OS/R) Districts to Institutional (1), Preservation (P) and Open Space/ Recreation (OS/R) Districts. Type of Amendment: Large scale. Proposed Use: Educational Facilities. Neighborhood Associations: Del Oro Groves Estates Association and Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, AICP, Planner III. See Exhibit: Memo LUZ2010-06002 2010-07-20 Member Coates moved to continue Case LUZ2010-06002 to August 3, 2010. The motion was duly seconded and carried unanimously. 2. Level Three Application Case: DVA2010-06001 - 3400 Gulf-to-Bay Boulevard (Related to LUZ2010-06002) Owner/Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757-1368; phone: 727-461-1818; fax: 727-462- 0365). Location: 131.05 acres located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of S. Bayshore Boulevard. Atlas Page: 292B Request: Review of, and recommendation to the City Council, of a Development Agreement between Clearwater Christian College Private School, Inc. (the property owner) and the City of Clearwater as per Community Development Code Section 4-606. Proposed Use: Educational Facilities uses of up to 170,000 square-feet of non-residential floor area (0.149 Floor Area Ratio) and up to 750 Dormitory Beds/Residents (12.5 dwelling units per acre) at a maximum height of 50 feet Neighborhood Associations: Del Oro Groves Estates Association and Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, AICP, Planner III. See Exhibit: Memo DVA2010-06001 2010-07-20 Member Barker moved to continue Case DVA2010-06001 to August 3, 2010. The motion was duly seconded and carried unanimously. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring ro ert owners etc. and will be a roved b a single vote at the beginning of the meeting: (Items 1-4) Community Development 2010-07-20 2 1. Level Three Application Case: LUZ2010-05001 - One parcel located on the south portion of the main Calvary Baptist Church site at 110 N. McMullen-Booth Road Owner/Applicant: First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church. Representative: Harry S. Cline, Esq. (P.O. Box 1669, Clearwater, FL 33757; phone: 727- 441-8966; fax: 727-442-8470). Location: 0.219 acres located on the south portion of the main church site at 110 N. McMullen-Booth Road. Atlas Page: 292A. Request: a) Future Land Use Plan amendment from the Residential Urban (RU) category to the Institutional (1) category; and b) Zoning Atlas amendment from the Low Medium Density Residential (LMDR)' District to the Institutional (1) District. Type of Amendment: Large scale. Proposed Use: Church and support facilities. Neighborhood Associations: Del Oro Groves Estates Association and Clearwater Neighborhoods Coalition. Presenter: Tammy Vrana, AICP, Long Range Planning Manager. Member Barker declared a conflict of interest. See Exhibit: Staff Report: LUZ2010-05001 2010-07-20 Member Coates moved to recommend approval of Case LUZ2010-05001 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Coates, Dame, DiPolito, Adelson, Chair Fritsch, and Acting Member Carlough voted "Aye"; Member Barker abstained. Motion carried. 2. Level Three Application Case: Amendments to the Clearwater Downtown Redevelopment Plan Applicant: City of Clearwater, Planning and Development Department. Request: Amendments to the Clearwater Downtown Redevelopment Plan supporting the outdoor display of bicycles for properties along the Pinellas Trail and expanding the allowable uses for certain property located east of the Pinellas Trail in the Old Bay Character District. Neighborhood Associations: Country Club Addition; East Gateway; Harbor Oaks; Hillcrest; Old Clearwater Bay Neighborhood Association; Mediterranean; Pierce 100 Condominium Association; Skycrest Neighborhood Association, Lake Bellevue, North Greenwood and Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning and Development Director. See Exhibit: Staff Report: Amendments to the Clearwater Downtown Redevelopment Plan 2010-07-20 Member Coates moved to recommend approval of Case LUZ2010-05001 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. Community Development 2010-07-20 3 3. Case: FLD2010-03007 -1934 N. Hercules Avenue Level Two Application Owner/Applicant: McDonalds Corporation. Agent: Braulio Grajales, High Point Engineering (630 Chestnut Street, Clearwater, FL 33756; phone: 727-723-3771; fax: 727-723-7150; email: b ra'ales h e-fl.com). Location: 1.471 acres located on west side of N. Hercules Avenue, approximately 195 feet north of Sunset Point Road. Atlas Page: 253A. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a 607 square-foot expansion for an existing restaurant in the Commercial (C) District with a lot area of 64,083 square-feet, a lot width of 160 feet along Hercules Avenue and 100 feet along Sunset Point Road, a front setback (east along Hercules Avenue) of 12.6 feet (to existing pavement) and 71.7 feet (to proposed building), a front setback (south along Sunset Point Road) of 84 feet (to existing pavement), a side (north) setback of 10.1 feet (to existing pavement), 16.6 feet (to dumpster enclosure) and 63.8 feet (to existing building), a side (south) setback of 8.4 feet (to existing pavement) and 59.4 feet (to existing building), a side (east) setback of 5.5 feet (to existing pavement), a side (west) setback of 5 feet (to dumpster enclosure), 8.2 feet (to pavement) and 95.8 feet (to existing building), a building height of 20 feet (to highest architectural feature) and 38 off-street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, with a reduction to the perimeter landscape buffer along Hercules Avenue from 15 feet to 12.6 feet, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Restaurant. Neighborhood Associations: Clearview Lake Estates and Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. See Exhibit: Staff Report: FLD2010-03007 2010-07-20 Member Coates moved to approve Case FLD2010-03007 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. 4. Pulled from Consent Agenda Case: FLD2010-05002 - 810 S. Missouri Avenue Level Two Application Owner/Applicant: Clearwater Retail Group, LTD. Agent: Braulio Grajales, High Point Engineering (630 Chestnut Street, Clearwater, FL 33756; phone: 727-723-3771; fax: 727-723-7150; email: bgraialesfthoe-fl.com). Location: 1.367 acres located at the southwest corner of Druid Road and Missouri Avenue. Atlas Page: 296A. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a new building with 7,225 square-feet of retail and 1,575 square-feet of restaurant in the Commercial (C) District with a lot area of 59,554 square-feet, a lot width of 237.66 feet along Druid Road and 162.74 feet along Missouri Avenue, a front setback (north along Druid Road) of 13.3 feet (to pavement) and 61.1 feet (to building), a front setback (east along Missouri Avenue) of 15 feet (to pavement) and 86 feet (to building), a side (south) setback of 3.3 feet (to pavement) and 25 feet (to building), a side (west) setback of Community Development 2010-07-20 4 4.2 (to dumpster enclosure), five feet (to pavement) and 103.6 feet (to building), a building height of 19.16 feet (to flat roof) and 62 off-street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C, with a reduction to the perimeter landscape buffer along Druid Road from 15 feet to 13.3 feet, a reduction to the perimeter landscape buffer along the south property line from five feet to 3.3 feet and the removal of foundation plantings along the north building facade as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Restaurant and Retail Sales and Services. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. See Exhibit: Staff Report: FLD2010-05002 2010-07-20 Member Coates moved to accept Robert Tefft as an expert witness in the fields of zoning, site plan analysis, code administration, and planning in general. The motion was duly seconded and carried unanimously. Development Review Manager Robert Tefft reviewed Code requirements to shield views of mechanical equipment installed on a roof. Concern was expressed that the building appears to be an ordinary strip mall and does not reflect City efforts to enhance the Missouri Avenue corridor. Applicant architect Robert Gregg said the building features metal awnings. He said the property owner had requested a simple design. He said a parapet wall or louvered material would screen rooftop equipment. He said additional building materials would enhance the attractiveness of the building's facade. Attorney for the Board Gina Grimes referenced Development Code Section 2-703.C.6(a), which requires Comprehensive Infill Redevelopment Projects to be visually interesting and attractive by incorporating a number of design elements. Suggestions were made for the motion to reference the Code, require that the project incorporate listed design elements, and that elevations reflecting Board direction be submitted to the Board for approval. Planning & Development Director Michael Delk said requested changes are considered minor. Staff will expect that final submissions reflect Board direction to screen roof equipment and enhance the facade with trim and other materials. Staff will provide the Board with information regarding enhancements. Member Coates moved to approve Case FLD2010-05002 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed plus a condition that the building's design meet requirements in Clearwater Development Code Section 2-703.C.6(a)(2) and (3), for enhanced architectural detail and use of a variety of materials, colors, and textures. The motion was duly seconded. Members Coates, Dame, DiPolito, Barker, Chair Fritsch, and Acting Member Carlough voted "Aye"; Member Adelson voted "Nay." Motion carried. F - LEVEL TWO APPLICATIONS: (Items 1-3) Community Development 2010-07-20 5 1. Case: FLD2010-05003 - 2010 Drew Street Level Two Application Owner: Equities Holdings Group, Inc. Applicant: Tampa Bay Art, LLC d/b/a Tampa Bay Ink. Agent: Robert Gregg (630 Chestnut Street, Clearwater, FL 33756; phone: 727-796-8774 x331; fax: 727-791-6942; email: archrea(&aol.com). Location: 0.415 acre located at the northwest corner of Drew Street and Patricia Avenue, approximately 150 feet east of N. Hercules Avenue. Atlas Page: 280B. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a Problematic Use (tattoo/permanent cosmetics studio) and Retail Sales within an existing tenant space in the Commercial (C) District located adjacent to residentially zoned property with no changes to the existing setbacks or landscape buffers, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2-704.C. Proposed Use: Problematic Use (tattoo/permanent cosmetics studio) and Retail Sales and Services. Neighborhood Associations: Skycrest Neighbors and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report: FLD2010-05003 2010-07-20 Member Dame moved to accept Wayne Wells as an expert witness in the fields of zoning, site plan analysis, code administration and planning in general. The motion was duly seconded and carried unanimously. Planner III Wayne Wells reviewed the staff report. Staff recommends denial. The owner of the adjoining property had emailed a letter of opposition. It was noted that the CDB (Community Development Board) had denied a problematic use at this site in 2003. Mr. Wells said the tattoo shop on Clearwater beach had moved one block due to construction and is not adjacent to residential property. Representative Robert Gregg reviewed the request, stating that tattoo shops should not be considered problematic uses as people do not loiter outside and the types of people who obtain tattoos have changed. He said the shop also will exhibit art for sale; parking is not an issue. He said a tattoo shop had opened in Countryside Mall and Florida's Health Department will begin to regulate tattoo businesses next month. He presented a petition of support. He said the business owner is willing to mirror Subway's hours or close earlier at 9:00 p.m. He requested that the Board consider a temporary six-month approval. One person spoke in opposition to the request. Applicant Eric Mitchell said he is the father of two, has invested significant money in the shop, and intends to create a nice business. He said displayed artwork will cost from $200 to $20,000. He said tattoo art will be applied by appointment only at a cost of $100 per hour. He said 70% of the store's floor area will be dedicated to artwork and 30% will be used for tattoo and makeup applications. He said all tattoo and makeup staff will be certified. He said inebriated people will not be allowed on the premises. Community Development 2010-07-20 6 It was commented while the business of tattooing has changed, the Code continues to treat it as a problematic use. It was felt the shop will be upscale and the cost of tattoos will eliminate visits by problematic people. Discussion ensued with suggestions that the Code is out of date and may need to reclassify tattoo shops. Concern was expressed the proposed use is next to residential property. Mr. Delk said the City cannot control or regulate the cost of art sold at a store. Assistant City Attorney Leslie Dougall-Sides concurred that approval of a tattoo shop use would remain with the property in perpetuity. Code Enforcement only could enforce adherence to an agreement regarding the percentage of floor area dedicated to art vs. tattoo. Acting Member Carlough moved to deny Case FLD2010-05003 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Dame, DiPolito, Adelson, Barker, Chair Fritsch, and Acting Member Carlough voted "Aye"; Member Coates voted "Nay." Motion carried. 2. Level Two Application Case: FLD2009-02006 - 3100 Gulf-to-Bay Boulevard (Related to DVA2010-06001) Owner/Applicant: Donald Aze Culbertson, Successor Trustee for Pinellas 3100 Trust. Agent: Pete Alfonso, Pete Alfonso Jr. Architect (5001 Nebraska Avenue, Tampa, FL 33603; phone: 813-231-5800; fax: 813-231-5810; email: alfonso169@aol.com). Location: 0.43 acre located at the northeast corner of Gulf-to-Bay Boulevard and McMullen-Booth Road Atlas Page: 292A. Existing Zoning: Commercial (C) District. Request: Flexible Development Application to permit Major Vehicle Service and Limited Vehicle Sales and Display in the Commercial (C) District with a lot area of 18,556 square-feet, a lot width of 118 feet (along Gulf-to-Bay Boulevard) and 150 feet (along McMullen-Booth Road), a building height of 15.5 feet (to flat roof), a front (south) setback of eight feet (to canopy) and 10 feet (to pavement), a front (west) setback of zero feet (to pavement) and 42 feet (to building), a side (north) setback of 10 feet (to pavement) and 37.75 feet (to building), a side (east) setback of 2.9 feet (to pavement) and 21.4 feet (to building) and 12 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2- 704.C. and a reduction to the interior landscape requirements from 10 percent to 0.94 percent, a reduction to the foundation landscaping from five feet to zero feet on the south facade and zero feet on the west fagade, a reduction to the west landscape buffer from 15 feet to zero feet, a reduction to the south landscape buffer from 15 feet to 12.2 feet, and a reduction to the east landscape buffer from five feet to 2.9 feet as Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Major Vehicle Service and Limited Vehicle Sales and Display. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter. A. Scott Kureman, Planner III. See Exhibit: Staff Report: FLD2009-02006 2010-07-20 Member Coates moved to accept Scott Kurleman as an expert witness in the fields of zoning, site plan analysis, planning in general, landscape ordinance, tree ordinance, and code enforcement. The motion was duly seconded and carried unanimously. Community Development 2010-07-20 7 Planner III Scott Kurleman reviewed the Staff Report. Staff recommends denial. Applicant Donald Aze Culbertson said he became Successor Trustee for Pinellas 3100 Trust on January 15, 2010. He suggested sections of Ordinance 6348-99 that sunset nonconforming uses are unconstitutional. He said the previous property owner, mortgagee and tenant never were advised of that ordinance prior to closing. He said the property owner and tenant need to run a business similar to those that operated on site prior to 1999. He requested approval of a business on this site that provides small engine repair and the sales of all terrain vehicles, lawn equipment, mopeds, motorbikes, cycles, scooters, and personal water craft. Mr. Culbertson said a gasoline service station was built on the subject property in 1961 and condominiums to the rear were constructed in 1974. He said other uses of the property would not provide sufficient rental income. In response to questions, he said his family trust had invested $330,000 in the property; the business paid the remainder. Mr. Culbertson said Scott Bitman previously held title to Pinellas 3100 Trust. He reviewed problems related to the removal of fuel tanks and concrete and requested permission to construct a fence and install pavers to improve the site's appearance and traffic flow. Mr. Culbertson requested that the City release all code enforcement fines related to the property and that the Board determine that Ordinance 6348-99 does not apply to this property. It was stated that violations at the business date back to 2008; the subject ordinance was adopted in 1999. Attorney Dougall-Sides said the Board does not have the power to set aside an ordinance or reduce fines. The MCEB (Municipal Code Enforcement Board) is responsible for liens. Mr. Delk reviewed the history of the site. When Mr. Bitman first applied for a BTR (Business Tax Receipt), staff advised him that vehicle sales and repairs were not permitted uses at this site; Mr. Bitman has been operating a business without a license since then. Mr. Delk said this case represents one of the most egregious examples of a lack of due diligence prior to the purchase of property. Staff has spent hundreds of hours dealing with the illegal business on this property. The City will continue to use every effort to mitigate this use and will continue to tow illegal vehicles. Pete Alfanso, representing the applicant, said the original size of the property had been reduced after the widening of Gulf-to-Bay Boulevard and McMullen-Booth Road. He said even the canopy does not meet setback requirements. He said the site has insufficient room for required landscaping and parking. One person spoke in opposition to the request. Mr. Kurleman said this business is prohibited in this zoning district and is inappropriate for this scenic corridor, which is the gateway to Clearwater. He said the proposal fails to meet the criteria of the Code. Mr. Culbertson said he had tried to do a friendly eviction but the tenant would not vacate the premises. He said he is trying to make the business work. He said the business could create nine jobs. He requested that the business be grandfathered. Community Development 2010-07-20 8 Acting Member Carlough moved to deny Case FLD2009-02006 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. 3. Case: FLD2010-05001 -113 N Betty Lane Level Two Application Owner/Applicant: SP Country Club Homes, LLC. Agent: Sean Cashen, Gulf Coast Consulting, Inc. (13825 ICOT Blvd, Suite 605, Clearwater, FL 33760; phone: 727-524-1818; fax: 727-524-6090; email: scashen gulfcoastconsultinainc.com). Location: 2.21 acres located on the south side of Drew Street between Fredrica Avenue and Betty Lane. Atlas Page: 2876. Existing Zoning. Medium High Density Residential (MHDR) District. Request: Flexible Development Application to permit 33 attached dwellings (town-homes) in the Medium High Density Residential (MHDR) District with a lot area of 96,239 square-feet, a lot width of 310 feet (along Drew Street), 310 feet (along Fredrica Drive) and 310 feet (along Betty Lane), a front (north) setback of 15 feet to building), five feet (to pavement and wall) where 10 feet is allowable but may be varied based on the Flexibility criteria, a front (east) setback of 15 feet (to building), five feet (to wall) where 10 feet is allowable but may be varied based on the Flexibility criteria, a front (west) setback of 20.33 feet (to building), 10.07 (to wall) where 10 feet is allowable but may be varied based on the Flexibility criteria, a side (south) setback of 1.36 feet (to pavement and wall) where zero feet is allowable, a building height of 25 feet (to midpoint of roof) and 78 parking spaces as a Residential Infill Project under the provisions of Community Development Code Section 2.404.F and a reduction to the north landscape buffer from 15 feet to seven feet, a reduction to the east landscape buffer from 10 feet to seven feet and a reduction to the south landscape buffer from 10 feet to 1.36 feet as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Attached Dwellings. Neighborhood Associations: Country Club Addition Neighborhood Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kureman, Planner III. See Exhibit: Staff Report. FLD2010-05001 2010-07-20 Member Dame moved to accept Scott Kurleman as an expert witness in the fields of zoning, site plan analysis, planning in general, landscape ordinance, tree ordinance, and code enforcement. The motion was duly seconded and carried unanimously. Planner III Scott Kureman reviewed the Staff Report. He said Condition 9 addresses a Fredrica Avenue resident's concerns. Staff recommends approval. Applicant representative Sean Cashen agreed with the conditions of approval. Robert Herberich requested Party Status. Member Dame moved to grant Robert Herberich Party Status. The motion was duly seconded and carried unanimously. Community Development 2010-07-20 9 Party Status Holder Robert Herberich opposed the project as parking from the development will spill onto his street, traffic accidents in front of the property are common, oak trees will be destroyed, and landscaping will not be maintained. Mr. Kurleman said the site is in the East Gateway District; the project is built closer to the street to create street life. The two-story buildings will be compatible with nearby structures. Acting Member Carlough moved to approve Case FLD2010-05001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed. The motion was duly seconded and carried unanimously. G - LEVEL THREE APPLICATIONS: (Items 1-2) 1. Level Three Application Case: CPA2010-06001 Amendments to the Clearwater Comprehensive Plan Applicant: City of Clearwater, Planning and Development Department. Request: Amendments to the Clearwater Comprehensive Plan to add plan classification categories for transit oriented development and to add an objective and policies pertaining to the new categories. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. See Exhibit: Staff Report CPA2010-06001 2010-07-20 Planner II Cate Lee reviewed the Staff Report. Typos were discussed. In response to questions, Planning Manager Tammy Vrana said zoning categories and regulations for transit stations will be applied on a case by case basis; each location will be unique and listed on the master plan. Ms. Lee said the plan discourages surface parking near transit stations as it would encourage sprawl and discourage public transit. Structured parking will be phased in. Ms. Vrana said parking lots would impede the comfort of pedestrians in pedestrian oriented areas and break up the urban fabric. Planning & Development Assistant Director Gina Clayton said park and ride lots will be located in north Pinellas County and in Pasco County. Support was expressed for these planning efforts that will move the City and County into the 21St century. It was recommended that a footnote clarify that the master plan will identify the unique zoning applied to each transit station location. Member Dame moved to recommend approval of Case CPA2010-06001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with a recommendation that a footnote clarify that the master plan will identify the unique zoning applied to each transit station location. The motion was duly seconded and carried unanimously. Community Development 2010-07-20 10 2. Case: LUZ2010-06001 -1475 Sunset Point Road Level Three Application Owner/Applicant: Bank of America/Belleair Development Group, LLC Representative: Todd Pressman, Pressman & Associates, Inc. (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727-804-1760; fax: 888-977-1179). Location: 1.23 acres, located on the south side of Sunset Point Road approximately 150 feet west of North Highland Avenue. Atlas Page: 261A. Request: a) Future Land Use Map amendment from Residential/Office General (R/OG) Category and Residential Urban (RU) Category to Commercial General (CG) Category; and b) Zoning Atlas amendment from Office (O) and Low Medium Density Residential (LMDR), to Commercial (C) District. Type of Amendment: Large scale. Proposed Use: None. Neighborhood Associations: Clearview Lake Estates and Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. See Exhibit: Staff Report LUZ2010-06001 2010-07-20 Member Coates moved to accept Cate Lee as an expert witness in the fields of zoning, site plan analysis, code administration, and planning in general. The motion was duly seconded and carried unanimously. Planner II Cate Lee reviewed the Staff Report. Staff recommends denial. Representative Todd Pressman said the former bank building on this large property has been vacant for three years; it is in disrepair and attracts transients. He said a derelict gasoline station on the corner next door has been vacant for five years. He said abutting residential neighbors signed a petition supporting this request. He said significant commercial activity exists at the nearby intersection of Sunset Point Road and Highland Avenue. He said commercial properties on the west side of Highland Avenue back up to the same residential neighborhood as the subject property. He said commercial uses have been successful in the area but office uses have not. He said a busy Mexican convenience store is west of the site. He expressed concern that the site will become more blighted if changes are not made. He said the request would attract investment and revitalization. He said there is a good chance that the owners of the subject property and gasoline station will work together. One person spoke in support of the request. Ms. Lee said the commercial property west of the site is a non conforming use. The few commercial uses on Sunset Point Road west of Highland Avenue are located at intersections; most are in the County. Office uses generate less traffic than commercial. The north side of the Sunset Point Road/Highland Avenue intersection features single-family residences. Discussion ensued with comments that Sunset Point Road is very narrow in this area. Concern was expressed that no use was proposed. It was felt that nearby residents signed the petition in hopes of ending this blight in their neighborhood. Community Development 2010-07-20 11 Acting Member Carlough moved to recommend denial of Case LUZ2010-06001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Dame, Adelson, Chair Fritsch, and Acting Member Carlough voted "Aye"; Members Coates, DiPolito, and Barker voted "Nay." Motion carried. H - DIRECTOR'S ITEM: (Item 1) Appoint CDB representative to the Clearwater Greenprint Steering Committee. Member Dame moved to endorse the appointment of Member Adelson to the Clearwater Greenprint Steering Committee. The motion was duly seconded and carried unanimously. Member Dame reported a major motion picture about the dolphin Winter will begin filming at the Clearwater Aquarium in late September. I - ADJOURN The meeting adjourned at 4:25 p.m. Chair Community Development Board Attest: Board Reporter Community Development 2010-07-20 12 _.............. . =--- -...-... _. _ . [g ??. ]l j I l e ?? .B j a f . r e r?rri t1l . CI I C? ill Mill ......... ,?.:?? . 120, ?y I i I I g 00 1 I I I I I I I I I I I I' 1 I I I 1 I I p I I' I. i II ? 1 s I 1 a':, I? ti 1 1e. I. 1 .3 I i ? 1 I 1 I 1 . I. 4 I I I I_ I I I; 4 P I (7 I 74 ? t94 L 9 m (? 1 co ii ---------- ii i . I I 1 I 1 I 1 HIGHLAND AVENUE an 2 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 5, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard ;assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin ';?City, Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie",gall - Managerri' f* nalyst. Draft J, To provide continuity for research, items are in agenda ! Alitough not necessarily discussed in that order. ' 1. Call to Order - Mayor Frank Hibbard Ed: :,.i a The meeting was called to order at 6:00$p. ? ''at City Hall 2. 3. 4. 4.1; Councilmember Bill Jdn'san moved t:"approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was dulyiseconded and carried unanimously. r.; 5. Citizeng tpiftHeard re Items Not on the Agenda Andrew Loomis expressed concern with the funding obligation required for the Pension Fund. Council 2010-08-17 Pledue of Alleall "nice---.Mayor Frank Hibbard ??p^ Rti r, Approwr?+f Minutes Public Hearings - Not before 6:00 PM 6. Administrative Public Hearings 6.1 A rove amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies ertainin to the new categories, and ass Ordinance 8201-10 on first read ing.(CPA2010-06001) The Federal Transit Administration's (FTA) New Starts F?,rogram funds fixed guideway projects. The Alternatives Analysis is the first step in fulfilling the, New Starts criteria. The Tampa Bay Area Regional Transportation Authority (TBARTA), Pinellas County Metropolitan Planning Organization (MPO), Pinellas Suncoast Transit Authority (PSTA) and Florida Department of Transportation (FDOT) signed a Memorandum of Understanding to undertake an FTA Alternatives Analysis. 'The Alternatives Analysis will identify a preferred transit alignment and station locations in Pinellas County. The second step in competing for funding in the New Starts program is justifying transit projects by having transit supportive land use policies. The TBARTA Land Use Working Group developed transit oriented develop' Mont guiding principles. Using these principles throughout,the Tampa Bay area will make it easier to:work towards common goals and effecty'ely compete for funding. This amendment contains transit-oriented'eleuelopMent policies based on TBARTA's guiding principles. Th4?Planning and;aevelopment Department is proposing amendments to the Clearwater Compreherisive Plan that add plan classification categories for transit oriented'development and an objective and'policias, pertaining to the new otagories. The new categories and their intensity" standards are as follows: Classification Minimum and Maximum Intensi ype I: Urban Center Downtown,, AR 1.5-7.0 (no limit on maximum FAR within 118 mile of the transit station) pe II: Suburban Center FAR 0.5-5.0 Type III: Neighborhood Center FAR 0.5-3.0 Ty'pe IV: Complete Street a ° Jdor FAR 0.5-2.0 The policies address the following issues: How transit station locations and typologies are determined; How transit station area plans are adopted; How transit station area planning is handled when it traverses jurisdictional boundaries; Council 2010-08-17 2 What each transit station area plan must include; The guiding principles to be followed in the planning, design and development.of transit station area plans as related to: - Community & Economic Development - Land Use - Mobility - Parking - Urban Design A copy of the staff report, which contains further anal )Ills and inforrootion';,on the proposed amendments, is available. ; The Community Development Board (CDB) reviewed the priopased plan amendment at its meeting on July 20, 2010. The Plano] tigi?and; Revelopment Department will report its recommendation at the August 5, 201?1lpity Council meeting. Yr^j f'` Councilmember George N. Cretekos moveditq[jgporw amendments to the Clearwater Comprehensive Plan adding Future Lan Map categot Aor transit oriented development, adding an objective and R ides pertaining Ito; he; new categories: The motion was duly seconded and carried 66animously. P E Ordinan?O.8201-10 wss,presented and read fay., itle only. Councilmember Paul Gibson Ooh ;was duly seconded and moved t& a ,Ordinancaey8201-10 on first rear; g? . The mg upon roll call, the vote was: "Ayo?Pl ,r 'wrtSO"k Hibbard, 'Mayor John Doran, Councilmember George N. Cr?*os, Courid ber Paul bi On, and Councilmember Bill Jonson. `'NOYs,,: None. 7. Quasi-judicial iUblic-Hoarings 7. VThe proposed amendments involve 0.219 acres of land located at the northeast Council 2010-08-17 3 District for roe at 110 N. McMullen Booth Road located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Townshi 29 South -Range 16 East and ass Ordinances 8193-10 and 8194-10 on first reading. (LUZ2010-05001) _ corner of Virginia Avenue and Meadow Lark Lane, approximately 335 feet east of Bayview Avenue. The subject property is part of a larger parcel owned and occupied by First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church (applicant). The subject property is undeveloped. The applicant intends to use the property in the future for stormwater drainage or athletic fields for church/school use. The request is to change the future land use classification of Residential Urban (RU) to Institutional (1) and the zoning designation of Low Medium Density Residential (LMDR) to Institutional (1). The applicant recently received approval for Institutional land use and zoning designations for 28 parcels surrounding the subject property, which was inadvertently excluded front the prior action by the applicant. The Planning and Development Department has determined that the proposed future land use and rezoning amendments are consistent:VWith Community Development Code standards in that: The proposed land use plan and zoning amendments are consistent with the Comprehensive Plan. The proposed use is compatible withi°'; M surrounding area. Sufficient public facilities are avails" is a to serve the property. The applications will not have an adverse impact on the natural environment. A complete analysis, of,the proposal is included in the stiff report. In accordance with the`Countywide Plan Rules, the 'Future Land Use Map az ondment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting: as the Countywide Planning Authority. Based on the density of tle,category requested, review and approval by the Florida Department of Cormunity Affairs is also required. The Community Development Board reviewed the proposed amendments at its public hearing on July 20, 2010. The Planning & Development Department will report the Board's recommendation to the City Council at a public hearing on August 5, 2010. In response to a question, the City Attorney said the Mayor did not need to recuse himself. Councilmember Bill Jonson moved to approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (1) classification and a Council 2010-08-17 4 Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (1) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East. The motion was duly seconded and carried unanimously. F, Ordinance 8193-10 was presented and read by title only. Vice Mayor J n;Doran moved to pass Ordinance 8193-10 on first reading. The motinnrwas du s?aonde?d and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, CounCilmemb,qIr,G0'6rg6,'N. Cretekos, Councilmember Paul Gibson, and Councilmember,:8011 0n$Ip' "Nays": None. ya104:661y. Councilmem' ?,"George N. Ordinance 8194-10 was presented and rea b' Cretekos moved to pass Ordinance 8194jlgl first reading-, The motion'1n??s'r ply seconded and upon roll call, the vote wa$K;;;', "Ayes": Mayor Frank Hibbard, X May qhn Do y jl buncilmert her George N. Cretekos, Councilmember Paul G,16son, grid Counl ilrriember Bill Jontin. "Nays"' None. 7.2 The subject site is comprised of four parcels of land 131.05 acres in area. It is located on the north side of Gulf-to-Bay Boulevard approximately 900 feet east of Bayshore Boulevard. The applicant is requesting to amend the Future Land Use Plan Map designation for the parcels from Institutional (1), Commercial General Council 2010-08-17 5 Resolution 10-18. (LUZ2010-06002 and DVA2010-06001) (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (1), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature and to rezone it from the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Districts in order to expand the existing college and to make certain land use and zoning designations consistent with the actual characteristics of tho,area. The proposed Institutional (1) future land use category would permit up to:' 'u1 dwelling units (993 dormitory beds) or a maximum of 751,736 square feet of no nresidential°floor'a'rea; however, the college is comprised of residential and nonresidential space so a mixed-use calculation is required. The applicant is proposing to limit the'' residential density to 750 dormitory beds and the nonresidentia[ intensity to,:,' 170,000 square feet of classrooms and administrative facilities through a development agreement (DVA2010-06002). The Planning Department has determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in,°the Community Development Code: The proposed land use plan amendm4rit and rezoning application are consistent with the Comprehensive Plan. The proposed use is compatible with the surrounding area. Sufficient public facilities are available to serve the property. Based:i? on the proposed mitigation plan, the applicationslwill not have a negative impact on the naturalenvironment. In accordanGe,,with the Countywide Plan Rules, the future land use plan amend ment'is;subject to the;approval of the Pinellas Planning Council and the Board of County Commissioners,?a,?ting as the Countywide Planning Authority. Due tprthe size of the pl'n amendment site and the density allowed in the Institutional Plan Category, review and approval by the Florida Department of Community Affairs is also, required. The'?applicant,is requesting approval of a Development Agreement in conjunction with the+ toPosed future land use plan amendment. The Development Agreement propos6s'dividing the total property into two areas, a Mitigation Area (98.99 acres) and a Master Plan Area (32.06 acres). The proposed agreement includes a conceptual Master Plan limiting residential density to 750 dormitory beds and nonresidential density to 170,000 square feet (0.149 floor area ratio), a Mitigation Plan, and an easement for access to Coopers Point Nature Park. The Mitigation Plan requires upgrades to the entire site's stormwater facilities within the Master Plan Area, application for approval of a Mitigation Bank, a conservation easement Council 2010-08-17 6 over the Mitigation Area, and establishes boundary change procedures in the event that the agency permitting process results in changes to the proposed wetland jurisdictional boundary line as depicted on the Master Plan. The Planning Department has determined that the proposed Development Agreement is consistent with the City's Comprehensive Plan. Please refer to the attached development agreement (DVA2004-00004) staff report f ;r,Pe complete analysis. Administrative Public Hearina on Land Use Amendment Planner Lauren Matzke provided a PowerPoint presentation re ip the land' r pI an amendment. The City Attorney stated that the record will include*i0' , staff report arid;'( documents presented at the Community Development Boarrneetingr, In response to a question, Ms. Matzke said 5.6i;egr,,er pgrrently des'ted Institutional. ` Applicant representative Katie Cole revi vrrd the proposed}oject. The applition was well thought out and worked on for the 1i i years. T11 ,oagWs•.nest is 9 feet?frp the property line not the proposed;,,' pn ipt, Davey *rsleevQ; Wede Trim, said the application is consistent witkt,ttii ? lty's corripreh we plan. Mup?.vf?? campus was cons" (j#' d in the 190P S ar?d 1970 s before std ater regulatiar?sKv r in effect. The project Wilt, improve wajer•AgO?ity and lock in d ,ides and interlpities of uses. Tom Kuba, environrflentaI professional, said the pro- ed mitigati n;:plan will improve the habitat. ReStof¢ng the water flog will assist in fl4ohing1lop,:?nengrove. Beverly Burkett, mitigatiq0,pl ;d eloper, reyie red the mitigation barl4r?;iot preapproved environmental are, tftat, require. federal andtae approvals and regional environmental bergfits. The m#igatiQn bank requi! ' establishing a trust fund to maintain the property, 1n Which is transferred along with the 1#;,There are 55 mitigation banks in Florida. The Imitigation plan must OF implemente'0 rt?,,?tpnjunction with development. In response to questiomps-Ms., Cole said the campus comprises 131 acres with 19A acres:of Institutional. drr6? A institutional land use is consolidated, there will be 26.55 acres. The mitigation I?'kib area entails 98.99 acres. If request is approved, the applicant;cannot corne.back to the city and ask for any of the 98.99 acres preservation. The mitig ition., j jit implicit to the bank. Portions of the credit generated by the mitigation bank!41'6e used for the project. If a mitigation plan is not approved by permitting agencies, the city can use a land use amendment to unwind any approvals given tonight. It was stated that the item before council changes the land use and zoning which allows the applicant to work with other regulatory agencies and obtain necessary permits needed to implement project. Council 2010-08-17 7 In response to a question, Engineering Director Mike Quillen said once the applicant receives all necessary permit approvals, the applicant must obtain a CO (certificate of occupancy). The CO will not be issued until the mitigation is completed. A certificate of completion will be issued once the ballfield is completed. The Council recessed from 7:34 p.m. to 7:49 p.m. Twenty individuals spoke in opposition and three individuals spoke in support: In response to questions, Ms. Cale said 99 acres will be tum'edd!over to the state or city upon completion of the mitigation plan. The ballfield will be,Iltc Mf the project cannot comply with the Bald Eagle Management Plan guidelines, the ballfield could not be constructed. There are 11 permitting agencies that must give,ap'roval. Mr. Kuba said he has been studying the area for 10 years. Mr. Gildersleeve, said''the parking lot will meet impermeable requirements as required by code. Discussion ensued with concerns expressed regarding water quality in the area and impact to bald eagle. It was noted that the proposed project requires approval from various federal and state agencies. Councilmember Paul Gibson moved to approve the Future L'and^ Use Plan Amendment from the Institutional (1), Comm4t'dial General (CG), Preservation°,(P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (1), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature' Categories. The motion was duly seconded and carried', unanimously. Ordinance, al, 97-10 was presented and read bytltle only. Councilmember Bill Jonson moved to pass Ordinance $19710 on first reading. The motion was duly seconded and upon roll ,ally the.vote was: "Ayes': Mayor Frankl Hibbard, Vice'W' ayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson and Councilmember Bill Janson. "Nays": None. The Council recessed from 10:14 p.m. to 10:20 p.m Quasi J'udicial' Pleblid? HI"earing on Re-zoning Planner Lauren 'IUlatzke provided a PowerPoint presentation regarding the re-zoning. The City Attorney stated that the record will include the staff report and documents presented at the Community Development Board. Six individuals spoke in opposition and one individual expressed concern. In response to a question, the City Attorney said the re-zoning will be invalidated if the Council 2010-08-17 land use amendment is later found invalid. Vice Mayor John Doran moved to approve the Zoning Atlas Amendment from the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (1), Preservation (P), and Open Space/Recreation (OS/R) Districts, for property located at 3400 Gulf-to-Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Rge 16 East). The motion was duly seconded and carried unanimously. "t , Ordinance 8198-10 was presented and read by title only. Councilmember!' eai g ' N. Cretekos moved to pass Ordinance 8198-10 on first readind?:The motion WVas,;d,uly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Council?oemib& George Cretekos, Councilmember Paul Gibson, and Councilmembe(IlBill Joh Qn. "Nays": None. f Administrative Public Hearin on Develo me , Planner Lauren Matzke provided a Powe. . ?, resentatii 'a ', arding the` 0?ftlopment agreement. The City Attorney stated that r cord will incl*' o,,staff report documents presented at the Communit iP Velopment PO ,td.! r e In response to question, Env . i6ntal Managertfil 61hesney said°,thublic may provide comments re eling a mitigation plan Pn? a the agend)I hds; ?sted a notice of intent: Matzke said{the,clOvelopment agree rtt includes language formalizing a hurricane evacuation plan,. Three individiuals?aopoke in ttp ?ition. OnO lndlvidual'goes oried the pment agreement. The City Attorney said the development agr' t may be Oded during the life of the agreement. The development agreen nt, has a terM'l# years. Councilmember George WCretekos moved to approve the Development Agreement for thls;property between Clearwtpr Christian College Private School, Inc. and the City of Clearwater. The motion as duly seconded and carried unanimously. Resolution 1011 as presented and read by title only. Councilmember Paul Gibson moved to addotiRfsolution 10-18. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 9 7.3 Brentwood Estates and den passage of Ordinances 81'95-10 d 81961 on first reading. (LUZ2010 _06001) This future land use map amendment and rezoning application Involves 1.23 acres of an approximately 1.52-acre parcel, located on tkr'e;,pouth"side of Sunset Point Road, approximately 150 feet west of North Highlanid,;Avenue. This property has Future Land Use Map classifications of Residential/Offi'i eGeneral (R/OG) and Residential Urban (RU) and zoning designations of Office (O) and Low Medium Density Residential (LMDR). The applicant is requesting to,amend the future land use classification to the Commercial General (CG) classification and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the subject property have commercial future land use and*zoning classifications. The subject property functioned as a bank beginning in'1965 and ending in May 2007 with the closure of Bank of America. The former batik site contains a building, parking lot, acid entrance on the north portion of the property fronting on Sunset Point Road and a drive through and drive isle trarrersing the eastern portion of the pro?e?y and connecting to Highland Avenue. This land use map amendment and rezoning application was not accompanied by an application for site redevelopment, therefore no use is currently,,proposed. Tkl Planrtip rand Development Department has determined that the proposed ,IFuture Lano U e map amendment and rezoning amendment are inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan°Rules;, and the Community Development Code; The available usesAn the Commercial (C) District are incompatible with the surrounding area,"and The proposed amendment conflicts with the character of the neighborhood. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large-scale amendment and review and approval by the Florida Department of Community Affairs is required. Council 2010-08-17 10 Deny a Future Land Use Map Amendment from the Residential/Office General R/OG and Residential Urban RU classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low The Community Development Board reviewed this application at its public hearing on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Administrative Public Hearing on Land Use Amendment Planner Cate Lee provided a PowerPoint presentation. The Communi velopment Board recommended denial of the applicant's request at the ou!y 20, 20 aaneeti, with a 4:3 vote. In response to a question, Planning and Development Dire alb ,icha ells said lkhere is an excess of retail space in the proposed area. Ms. Lee slid a,;, w current' '.an allowed use. tion. The Applicant representative Todd Pressman provided a PowerPoint p I#a former bank site has been vacant since 2006 and has fallen into disre ?, in,,, Mr. Pressman said the neighboring property own ,hfs pQken to sup rtthe applicant's request. He submitted a copy of ritWatiRChase theiperty by the developers of Family Dollar stores. In response to questions, Ms. Lee said r permitted ?ulallowei in the comrnsrc?ial . general designation include rants{sil serve i And ovei4iht r. ,. d. accommodations. Mr. Delh?s . t` a area is maini '46sidential and st l?ffi ,ecommends staYi?ti r at a lower intensity hand use and zonin .; ' , Concerns!we,o express01 uses allowed v*,gommerci 'j neral zoning designation endP impact it W66. Whave on chara riot rhood. The3i1 . P Attpne' noted that thFpju hase contract provided by the applicant was not i, sigttl'and ther+f©re ot valid. Mr:il,; essman said the contract is contingent on the p ih change. TWO, individuals spoke'Mn''sopport. In response to a questigt;Aestant City Attorney Leslie Dougall-Sides said the land use 4pnng case shouklrtbt fdi"ce the applicant to a particular site plan. It was sy99es ' zthe,item be continued in order for the applicant to submit a site plan. Planning and Development Assistant Director Gina Clayton said the item requires a large scale plan amendment that requires approval from the Department of Community Affairs. If the item is not approved now, the request must wait until next year. Council 2010-08-17 11 Vice Mayor John Doran moved to deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (O) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW % of SW % of Section 2, Township 29 South, Range 15 East, and part of Lot ,9 Brentwood Estates. The motion was duly seconded and upon the`4ote being taken: "Ayes": Vice Mayor John Doran, Councilmember t',elbrge N. Cretekos, and Councilmember Bill Janson. Nays : Mayor Frank Hibbard and Councilmember Paul, Gibson. Motion carried. Quasi-Judicial Public Hearing on Re-zoning The City Attorney noted the public hearing Is open but the, zoning requested is not allowed under the current land use plan., Councilmember George N. Cretekos moved tai deny zoning request. The motion was duly so 6d' e' d and upon the vote being taken: Nc: ayo' John Doran, Cola "Ayes": Vice, rlcilmember George N. Cretekos, and Courncilmember Bill Jonson. Nays'%-Mayor Frank Hibbard and Councilmember Paul Gibson. Motinn" carried': Council 2010-08-17 12 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8174-10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8174-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8174-10 on second and final reading. The ?tion was duly seconded and upon roll call, the vote was: "Ayes": Vice Mayor John Doran, Councilmember George K Qretekos, Councilmember Paul Gibson, and Councilmember Bill Janson. "Nays": None. Absent: 1 avor Crank Hibbard 8.2 Ordinance 8175-10 was prey Viand ltllid by Cretek s moved to adopt dr`di t? 81A-1 0 of was dui seconded and ;upon roll call, the vote,' "Ayes": VI, crl layor John Dorms, CouncilmembO Paul Gibson,,-end Councilmember Bill Jonson. Absent: Mayor Frank, ?ibbard. ti Wrrly'. Courti00member George N. nd and final reodi g. The motion Peorge N.rCtotekos, Councilmember Ordinanc ?8? 7?'?Q was presented and read by title only. Councilmember Paul Gibson moved to adopt Ordinance 8176-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 13 8.4 Adopt Ordinance No. 8178-10 on second reading, annexing certain real propert y whose post office address. is 1711 Lakeview Road, together with the _ abutting right-of-way_ of Lakeview Road and Laurel Drive, into the corporate limits of the ci and redefining the boundary lines of the ci to include said addition. Ordinance 8178-10 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8178-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilrtlember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Janson. "Nays'": None. .9-10 on sewn,a 8.5 Adopt element of Ordinance the No 81Com7rehensive Plan of they ci eMend in nate tore land use plan p g?.dthe land use for certain real Droperty whose Dost office address is 17 11, Lakeview Road. toaethr annexation into the Citv of Gleamiater. as Reside'nti'al Low Ordinance 8179-10 waa'Oreeented and read by title only. Vice Mayor John Doran moved to adapt Ordinance' 8179-10 on second`and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes" Mayor: Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. $;6 Adopt C the Zonina Atlas of Ordinance 8180-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8180-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2010-0$-17 14 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.7 Ada t Ordinance No. 8182-10 on second reading, annexing cert in real whose cost office address is 1845 Audubon Street into the corao to lim Ordinance 8182-10 was presented and read by title only. Councilmen) k?r Paul, Gibson moved to adopt Ordinance 8182-10 on second and final reading, h' 64 potion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember,< eorge N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonso?s "Nays": None. 8.8 Ordinance 8 Q§4,x,0 was pr' #* and read by title,prily.; Councilmember Bill Jonson moveditiOddpltflidinance 814310 on second and final reading. The motion was duly secclded and uQn:rpll call, thevawas: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibs' gm rind Councilmember Bill Jonson. "N ys": None. 8.9 MOO 014109 ?:6'i"No. 8184-10 on second reading, amending the Zoning Atlas of the city: zoning certain real property whose post office address is 1845 Audubon Street. Won annexation into the Citv of Clearwater. as Low Medium Density Residential (LMDR) Ordinance 8184-10 was presented and read by title only. Vice Mayor John Doran moved to adopt Ordinance 8184-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: Council 2010-08-17 15 "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. 8.10 Adopt Ordinance No. 8199-10 on second_ reading. Amending Chanter 32. Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as a means for-providing service. Ordinance 8199-10 was presented and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8199-10 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor john Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson; and Councilmember Bill Jonson. ,Nays": None. City Mar,ger Reports 9. Coris'ent Agenda 9.1 Approve two work orders for American Recovery and Reinvestment Act authorize the a 9.2 9.3 officials to execute same. consent Annrove the amendment of the Capital Improvement Pro, ram CIP) to restructure 9.4 Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc. providing for additional services to be Council 2010-08-17 16 Approve agreement for external auditing services for fiscal ears ending September 30. 2010 through 2014 with audit firm of Kirkland. Russ. Murphy and Tapp, for a not-to-exceed amount of $666,000 and authorize the appropriate officials to execute same. (consent) included in the scope of services described in the initial _Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement dated April 26, 2006. (consent) 9.5 Approve the Amendment to the Administrative Services Agreement between the Ci of Clearwater and International Ci Management Association Retirement Cor oration ICMA-RC for the 401a Money Purchase Pension Plan and the 457k Deferred Compensation Plan to be effective October 1 2010 thr u h Se tember 30, 2017. (consent) 9.6 See below. 9.7 Ratify an( Coast E) materials (consent) 9.8 Ratify an entitled R fut? ed frc fuitdsa . 9.9 A rove'' 1311,50413 8 p 08 and'i 9:10 Accept a the plat considers consent 9.111-1, ,Accept a Section Corn anti benefits 9.12 Council 2010-08-17 17 $27,500 annually, and authorize the appropriate officials to execute same. Approve a King Engineering Associates, Inc. work order_ in the amount of $779,978.00 to provide planning, design, ermittin and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09-0019-UT); approve a grant from the U.S. Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent) 9.13 Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion icture "A Dolphin's Tale" and authorize the appropriate officials to execute same. (consent) 9.14 Reappoint Jamie Andrian Blackstone in the Resident category and Patrick O'Neil in the Agency or Government Re resentative gate o with terms to ex ire August 31. 2014 to the_Brownfields Advisory Board. (consent) Vice Mayor John Doran moved to approve the Consent Agenda as submitted, less Item 9.6, and that the appropriate officials be authorized to execut.&:same. The motion was duly seconded and carried unanimously. 9.6 Approve renewal of the Management Agreement with Clearwater Community Sailing Association CCSA for the second five (5 ).Year renewal option, for the total sum, of $76.305.60: delegate custodial responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, s'aying the city $27.500 annually, and to Councilmember George N. Cretekos expressed his appreciation' for Joe Calio's efforts in establishing the facility. Councilmember Paul'G'j?pn moved to approve renewal of thei a' nagement Agreement with Clearw6ter Community Sailing Association'' (CCSA) for th°e: second five (5) year renewal option; for the total s'om of $76,305.60; delegate, custodial responsibility for the Sailing Centers ;common areas to the CCSA in lieu of,annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. The motion was duly"'secunded and carried unanimously. 14 Other Items om City, p,Ma nagerReports 10'."1 Accept the Town o'' elleaIr's Resolution 2010-29 permitting Clearwater to provide and adopt _Resolution 10-17. The-C'ity' of Clearwater and Town of Belleair agree via an Interlocal Agreement that Clearwater may provide reclaimed water service to Belleair's residents when feasible and not otherwise available. Belleair's Commission passed and adopted Resolution 2010-29 on July 20, 2010, authorizing the agreement. Clearwater is requested to acknowledge Belleair's Resolution by approving Council 2010-08-17 18 Resolution 10-17. There is no cost associated with this item. Councilmember Bill Jonson moved to accept the Town of Belleair's Resolution 2010-29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available. The motion was duly seconded and carried:unanimously. Resolution 10-17 was presented and read by title only. Vice,Mayor John porarl!moved to adopt Resolution 10-17. The motion was duly seconded And, upon!, I Ball, tholvote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jons' . "Nays": None. sl 10.2 Approve an Interlocal Aareement,;*th the Town oUBelleair permitting, the, Citv of Clearwater to provide reclaimed Winer service to .its residents when feasible and Belleair Country P, l,(PCC) has requested reclaimed water servi?e from Clearwater to suppl6mek?t irrigation for its; golf course. Pinellas County holds an intedoCal agreemonlt lMith,the Town of B016 r,to treatit&Wastewater and return reclaimed diwater service pthe town. The TioVirn?ib Ileair provides reclaimed waterwsermes to two gad arses. BCC also` reties on well water to meet their °,irdgatiomn ds. BCC ha$0, ested that Clearwater provide reclaimed water in addition to risllalmed wate?rr!p 1, ided by Pinellas County. Staff has recommended this project as:fe'eaible, and 4116 j design at this time. The reclaimed waieirloiain passes by a residential neighborhood to reach BCC's golf course. The resident homeowners along the pipeline route, on Willadel Drive, have requested td%b&Aupplied with reclaimed water, as it is not available through the Town of Belleair via Pinellas County. Staff recommends providing this service toAbe.,resigon,ts44vhose property is adjacent to this pipeline. Chapter 180, Florida Statutes provides that the City of Clearwater has the power and the present capability to provide such reclaimed water service in the Town of Belleair; and Attorney General Opinion 94-28 provides language that is more specific to that effect. The Town of Belleair and Clearwater wish to set forth their agreement with respect to the provision of such reclaimed water service to those areas within the Council 2010-08-17 19 corporate limits of the Town of Belleair, pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. Both parties wish to avoid the necessity of governing boards' approval for future situations wherein reclaimed water is not available by the Town of Belleair, but could feasibly be provided by the City of Clearwater. There is no cost associated with this item. Councilmember George N. Cretekos moved to approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water, service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. The motion was duly seconded andtarded unanimously. 10.3 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establish'ing' a parking ticket dismissal program, revising thgJime frame an&fee structure for delinquent parking tickets, establishing a program allowing temporary or permanent removal or rental of _municipal parking, modifying Appendix _A, Schedule of Fees, and pass Ordinance 8168-10 on first reading. In 2008, off streett parking system parking fac lities 6 n, the beach. multkspace,;, demen 1:,pay,, staos in 0, rposes,the ordinance For dnfp Hance ;requires further clarification when referring to metered parking,in order to include the pay stations. Establishing a parkin§'ticket dismissal program with specific criteria will eliminate the need to hear certain contested violations in court, thereby saving staff time and;?;cqurt costs. The proposed fee of $10.00'will'eover administration costs for the in'itief'tidketing;,follow-up review and dismissal processes. By extending the, delinquent'parking ticket time frame from 80 to 90 days, the City can fully recover the collection, fees, which are currently being charged to the City by the processing; company. The fees will be passed on to the offender. At various times there, is a temporary need to remove metered parking to accommodate construction and other limited special uses. Establishing a fee for the temporary removal and reinstallation of the meter will cover the cost of this expense.,The proposed fee is $50 for the removal and $50 for the reinstallation. The proposed fee for the permanent removal of any municipal parking is calculated based upon the current daily rental rate for a period of two years. Temporary use of any municipal parking, including valet operations, must be approved in advance in accordance with specific requirements. The fees are Council 2010-08-17 20 based on the current daily fee schedule along with a proposed administrative fee. Updates to Appendix A, Schedule of Fees, include: - Eliminating specific dollar amounts for the rental of parking spaces and include language stating the highest current City of Clearwater municipal daily rate, which is how the current rates are calculated; - Administrative Fees for parking space rentals: $20 for five or le s spaces, $30 for six to 10 spaces, and $50 for eleven or more spaces; Permanent loss of parking fee is based on the loss af:dily-reveri for a period of two years instead of one year. Concern was expressed with provision not allowing putting additipno[fishds after the . meter runs out. The majority felt it was a tool needed to assure meter turn over. Vice MaYor John Doran moved to amend G h r iW;30 T fft ,and Motor?Vet!toles, Code ?l q ,, of Ordinances, establishing a parking tick4o' "missal program, revising the time frame and fee structure for delinquent parking.tpots, establis4ip9,j;a program allowi011911'', temporary or permanent removal or rental°of municipal;,parking; modifying Appendix A, Schedule of Fees. The motion,,WI Os duly s + nded,,and;carried nartimously. Ordinance 816&10 was presented 000 ?Oad by title only. Co uncilmember Geo a N. Cretekos Mpyod tq amend Ordinance 8168-10 by stnkrn provision rtt slowing putting adl? iOrral,fdnds after the meter runs out. The ion was du?!E pded and upon the vote being taken: Coupcilmembprge N. Cretekos and Councilmember Bill Jonson. 'Ayes": "Nays":Mayor ' Frank Hibbard', Vice Mayor John Doran, and Councilmember Paul Gibson. Motion',failed. Councilrnembeo'@ l:Jonson moved to pass Ordinance 8168-10 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 21 10.4 Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules and ass Ordinance 8202-10 on first reading. The Governing Board of the Southwest Florida Water Management District (SWFWMD) lifted water shortage restrictions effective July 1, 201,0; following a three-year drought. Created in response to the original water shortage restrictions imposed by SWFWMD, Clearwater Ordinance 7802-07 contains a provision giving the, City Manager authority to alter Clearwater's watering restrictions contained iri,, Code Section 32.153 upon declaration of changes by SWFWMD in accordance with SWFWMD's administrative order. Ordinance 8202-10 codifies Clearwater's normal condition watering schedule as altered by the City Manager and aligns ;the reclaimed watering schedule for more hours of availability and ease of enforcerhent. There are no costs associated with, this item. Councilmember George N. Cretekos moved to amend Chapter 32,, Clearwater Code of Ordinances, as related to general potable and reclaimed watering, schedules. The motion was duly seconded en'd carried unanimously. Ordinance 8202:10 was presented and read by title, only. Councilmember Paul Gibson moved to pad , ,rdinance 81'6240 on first reading'. The` motion was duly seconded and upon toll call; tN?? vr?te was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson,.and Councilmember Bill Jonson. "Nays": None. 10.5 ADDrove, the timeline for neaotiati Fund retained earnings to a for an costs incurred related to such changes including costs for legal and actua services related to such changes. Staff will be making recommended pension plan changes based on prior Council guidance to focus on eliminating the no-cost spousal benefit, limiting the inclusion of overtime in final pension calculations, extending the years of service to be eligible for retirement, and establishing of a second tier plan for future employees. Council 2010-08-17 22 Prior to that recommendation, these potential changes must first be coordinated with the Pension Plan Attorney to ensure compliance with all applicable laws and the Plan Actuary for a cost analysis. Once these recommendations are approved, the City must collectively bargain these changes with all the City Unions. Once collective bargaining is completed, an actuarial impact statement must be completed, approval obtained by the State Division of Retirement,:Orafting of the referendum language, and final approval by City Council. Due tq,ih';?e required steps the earliest a referendum can be held is Novembor 2012. The proposed time line is as follows: Council determines specific changes to pursue: Sep-diq,20,10,:l"? Actuary provides cost data: Oct-Nov 2010 Follow-up discussions with City Council: Jan 2Q!14,,;, Collective bargaining: Feb-Ap1 2011 Union agreement or impasse: May-Oct 201+, Actuary impact statement: Nov 2011 -Jan Obtain State approval: a;Fe r 2012 bt4 Draft referendum language May Q;12 1 st and 2nd Readings: Jun4iK2012 Ballot question to County Au ls. Referendum: 'Nov 2012 Counci r'nember Geor N. Cnetekas moved to,,, rove the timeline f ` i1?ne otiatin p' pal 9 g than a tq the EmployePension Plan, prod„ O direction ow anges desired, and appropriate $2p0,000 fr d pl eral Fund retaio,; ,parningsrio,Oay for any casts incurred relatto such char! including cos fillkr0 actuary services related to such chainge ,,The motion . „ duly seconded a?r?d?;aen d unanimously. 101A 1 Establish Ahe,; ,,Clearwater `iteenprint Stakeholder Steerinq ..Committee and provisions for.; ber eligiblity 4 cote oriel and term of office adopt Resolution 10-20, and ap6e'int committediJ'0 r hers. Clearwater Greenprin will lead to the adoption of strategies and actions to enhance mobility, in&66a energy efficiency and conservation, and reduce ej' °reenhouse gas emissions citywide. The primary objectives of the project are to: 1, ±)F!set, the.policies7and strategies to guide energy efficient growth and re evelopieOt in Clearwater over the next 20 years; 2) develop an action plan for public arid` private sector decision-making that substantially advances the city in its pursuit of community sustainability and quality of life; and 3) meet requirements mandated by Florida Senate Bill 360 (transportation mobility) and Florida House Bill 697 (energy-efficiency). A steering committee comprised of Clearwater stakeholders will benefit the Clearwater Greenprint project by providing strategic direction and evaluation of Council 2010-08-17 23 the planning process and products (e.g., proposed strategies and actions). The Stakeholder Steering Committee will consist of 15-21 members representing diverse perspectives, experiences and cultures. Specifically, the committee will assist the project team in: Establishing strategic direction for Clearwater Greenprint; Setting mobility and sustainability goals and policies for Clearwater Comprehensive Plan; Generating public interest and participation in project surveys, interactive open houses and public hearings; Communicating the vision and strategy to others within their profess i1onal and social networks; and Ensuring vision continuity through leadership changes. For the first phase (comprehensive plan amend ments)„the, members will participate in a series of scheduled committee meetings from'IAug;ust 2010 to February 2011, at which time the adoption public hearing processbegins. The committee will reconvened in spring/summer 2011 to commence the projects' second phase (Community Developmertt?lode amendments). Member terms of office will be two years-- a little greater than the anticipated timeframe for the both project phases. It is hoped that me e rs will be able toarticipate throughput am e will sunset at the conclusion of the Barrie two- both project phases. The committ year period. A call for committee member applications'was published on?,Juhe :21, 2010, and 2:7 applications were received by the Planning and Development Department prior to the July 14, 2010, !application deadline. Staff has evaluated the applications base&om the desired',°,co ittee composition, as defined by the committee membership categories M targeted level 'of representation for each (see reclutirta; and developed,a recommended slate of committee members for consideration and approval,by City Council. Councilmember PaubG bson moved to establish the Clearwater Greenprint Stakeholder Steering Committee, provisions for member eligibility, categories and term of office and to, appoint Elvira Morgat,;;John B. Ungerer, Ronald L. Altic, Chris Dulligan, Darrell MiGkl'el Flanery, Dr. Joseph;§miley, Alexander Todrow, Marcus Milnes, Michael R. Henkel Thomas J. Wright, Lidiya Angelova, Marc Hayes, Blain Enderle, Jason Green, JoAntla Sjskin, Coryr,;Brennan, R. Peter Stasis, George D. Davis III, Richard Adelson, Michael Engelmann` and Mary Morrow. The motion was duly seconded and carried unanimously. Council 2010-08-17 24 Resolution 10-20 was presented and read by title only. Councilmember Bill Jonson moved to adopt Resolution 10-20. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. ,Nays": None. 10.7 Approve the Council Policies The Council reviewed its policies at the June 1, 2010 Work'Segei6h. Revisjo,nsi have been made based on direction provided. Staff also recommends amending policy 24E, Landscaping of Ci roads, to include consideration of ease and frequency of.maintenance imj?0, i jscape material selection. Staff requests the Council review P,oUI 20B, Sparklirio Clearwater, an&,, provide direction regarding whethiptghanges are need to reflect curretttCouncil philosophy. Finance is preparing an updated InvestmentPolicy to present tb, ouncil at the August 18, 2010 Gbuncii Meeting. Councilmember Bill Jonson rr ved to approve Ifiii i o,uncil P.O.Aiaies. The motion was duly secondedand carried un imausly. 10:8, ? Amend Cc? nci Rule 6 aW a opt Resolution 10-21. I, The Council reviewed its rul ' 'tithe June 1, 2010 Work Session and directed a change to Rule fo;;expand tha't* allowed for public comment to 60 minutes. Vice .Mayor John Dorah't1'lo ®? to amend Council Rule 6. The motion was duly seaonded and carried griani' ,??usly. Resolution 10:2fW as presented and read by title only. Councilmember George N. Cretekos moved to adopt Resolution 10-21. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. "Nays": None. Council 2010-08-17 25 11. City Manager Verbal Reports 11.1 HLN Executive Committee/Committee Co-Chairs Recommendation on Ordinance Item. The Homeless Leadership Network is being asked to issue a Proclamation or statement regarding local government ordinances that impact homelessness. Concerns were expressed regarding recommended Proclamation. It was stated that the recommendation has been to the ExecUll r,.Comrnittee but not the full Council There was consensus that the proposed statement is sufficient and,no ,Proclamation or Resolution was needed. The City Manager reported that a sewer backup, believed to have been created by a contractor, is being addressed. 12. Other Council Action Lease Extensions for Crabby Bill's and Beach Concessions`- Mayor Hibbard. 12.1 Lease Staff wae1° 'Ieected to neg?atiate with Crabby Bill's ,regarding a4, jyear extension subject to improverr'ents to the property and to negotiate With the Beap!Concession for a 5-year extension from February 2612:, 12.E Sea Oat Planting; Staff was directed to`revisit the potential,sea oat planting next year with input from the Environmental Advisory Board. The City Manager advised that the Park and Recreation Technician needed to manage the sand will be added back to the 2010/2011 Budget. 13. Closing Comments by Mayor Mayor Frank Hibbard reviewed recent and upcoming events. Council 2010-08-17 26 14. Adjourn The meeting was adjourned at 1:02 a.m. Attest Mayor City of Clearwater Council 2010-08-17 27