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FLD2006-07044 (2) Planning Department o Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 t: SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION Oj SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and .application are required to be collated, stapled, and folded into sets W/ SUBMIT APPLICATION FEE $ CASE #:)qA 91441)6 RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 04/28/2006) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Pilot Construction Technology, Inc. MAILING ADDRESS: 685 Main Street, Ste A, Safety Harbor, FL 34695 PHONE NUMBER: 727-725-2550 CELL NUMBER: PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER PBP of Clearwater, LLC Abdi R. Boozar-Jomehri 685 Main Street, Ste A, Safety Harbor, FL 34695 727-725-2550 FAX NUMBER: 727-725-2317 E MAIL ADDRESS: pctiQQ vilotconstruction.Com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: Duncan Office PROJECT VALUATION: $ 2.5 M STREET ADDRESS 1721 Gulf to Bay Blvd., Clearwater, FL 33757 PARCEL NUMBER(S): 14/29/15/85968/000/0010 PARCEL SIZE (acres): 2.49 PARCEL SIZE (square feet): 108,320.28 LEGAL DESCRIPTION: See Exhibit A PROPOSED USE(S): Proposed 20,050 sf office building and existing 22,209 sf West Marine retail store DESCRIPTION OF REQUEST Specifically identify the request See Attachment B (include number of units or square footage of non-residential use and all requested code deviations; e.g. ?- _ reduction in required number of - ---- parking spaces, specific use, etc.) CITY OF CLEARWATER Page 1 of 8 0 a DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNI DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _x_ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4202.A.5) 3f-SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see I page 7) D. ? 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA- Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Attachment C 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. See Attachment C 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. See Attachment C 4. The proposed development is designed to minimize traffic congestion. See Attachment C 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See Attachment C 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See Attachment C ORIGINAL RECEIVED Page 2 of 8 OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER C. 0 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) Provide complete responses to the eight (8) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA - Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district See Attachment D 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district See Attachment D _ 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. See Attachment D 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. See Attachment D 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. See Attachment D 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. RIGINAL 0 - See Attachment D _ RI;cEMD Page 3 of 8 QL 1 2 ZQUb ? ANNING DEPARTMENT CITY OF CLEARWATER 0 0 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ? If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ? At a minimum, the STORMWATER PLAN shall include the following; ? Existing topography extending 50 feet beyond all property lines; ? Proposed grading including finished floor elevations of all structures; ? All adjacent streets and municipal storm systems; ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? Signature and seal of Florida Registered Professional Engineer on all plans and calculations. 11 ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (,SWFWMD approval is required prior to issuance of City Building Permit), if applicable ? AC"OWLJEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies; TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; Q? TREE INVENTORY; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; '4 LOCATION MAP OF THE PROPERTY; PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ? COPY OF RECORDED PLAT, as applicable; ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT Page 4 of 8 CITY OF CLEARWATER G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A) SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; _ All required setbacks; All existing and proposed points of access; _ All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including _ description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; _ Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas _ and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #701); Location of all landscape material; Location of all onsite and offsite stomwvater management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: EXISTING REQUIRED PROPOSED Land area in square feet and acres; 108,320 _ 10,000 108,320 _ Number of EXISTING dwelling units; 0 n/a 0 _ Number of PROPOSED dwelling units; 0 n/a 0 Gross floor area devoted to each use; 22,209 retail n/a 22,209 retail Parking spaces: total number, presented in tabular form with the 132 191 104 _ number of required spaces; Total paved area, including all paved parking spaces & driveways, 62,180 (57%) 102,904 (95%) 56,375 sf (52%) _ expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility 88887 2139 _ easement; _ _ Building and structure heights; 22 ft 8-in 25 ft 50 ft _ Impermeable surface ratio (I.S.R.); and 0.78 0.95 0.78 Floor area ratio (F.A.R.) for all nonresidential uses. 0.21 0.55 0.39 REDUCED COLOR SITE PLAN to scale (8'/: X 11); FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stonnwater management for the parcel; _ All open space areas; Location of all earth or water retaining walls and earth berms; _ Lot lines and building lines (dimensioned); ORIGINAI. _ Streets and drives (dimensioned); RECENED _ Building and structural setbacks (dimensioned); ?oOC Structural overhangs; OCT 2 U Page 5 of 8 CITE OF CLePXVVP+rCR H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) 1?4 LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required _ tree survey); Y Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all _ existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and _ protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. REDUCED COLOR LANDSCAPE PLAN to scale (8 %X 11); O? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) I+- BUILDING ELEVATION DRAWINGS - with the following information; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; Sight visibility triangles; O REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/2 X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) .c)PtVVrnk11,9Q"- ?; 1AIdA-A6 ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8 %X 11) (color), if submitting Comprehensive Sign Program application. ORIGINAL RECEIVED Page 6 of 8 OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 0 0 K. TRAFFIC IMPACT STUDY: (Section 4.202.A.13 and 4-801.C) n, Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (1'2) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. MJ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all ?i roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow. Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades Ire required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, stan-pipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Ron Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. I? AcTiovlledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): J Fire Flow Calculations/Water Study is included. Fire Flow Calculations/Water Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. M. SIGNATURE: I, the undersign in this applicatic knowledge anx photograph'tKe, 0 that all representations accurate to the best of representatives to visit ibed in this awlication. STATE OF FLORIDA, COUNTY OF PIN Swom to and ;subscribed before me this ft day of ?r6:L-. A.D. 20_Q C to. me and/or by bra/ it. who is personalty known_ has produced as identifi tion. p Notary public, My commission expire&,!:',-i-i!e,; Donna M. Reagan Sig n?tytpr'ofprogtr ty over or repr#entative Expires June 6 2008 110 BOrW*U Troy FORIr M E00385 7019 Page 7 of 8 RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 0 0 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed - PRINT full names: PMP of Clearwater, LLC 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 1721 Gulf to Bay Blvd. 3. That this property constitutes the property for which a request for a: (describe request) See Attachment B 4. That the undersigned (has/have) appointed and (does/do) appoint: Abdi R. Boozar-Jomehri & Keith E. Zayac, P.E., RL_A _.__.._.__.......... -------- - . (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the ab scri r perty; 6. That site visits to the property are necessary by City representatives in order to process this appli, tion an a owne authorizes City representatives to visit and photograph the property described in this application; 7. That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct Property Owner r e Ow I Property Owner -Prope ner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of personally appeared 0 who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. Donna M ?p-CP?Y'f.Ld?i ' Reagan -? Commission # DD310817 Expires June 6, 2008 Notary Public Signature 1;, Bonded Try Fain • Inswenos, Inc. OM386.7019 / p M Commission Expires: - 0 Seal/Stam Notar y p y ORIGINAL RECEIVED OCT 2 7 2006 Page 8 of 8 PLANNING DEPARTMENT CITY OF CLEARWATER -1Nr;: ?L,E1J I.:VUN'1'Y t?i, OFF. REC. RK 13688 PG 578 - v 1 r:: zy C? 81J 894 1023 BAYNARD aARRELL EXHIBIT "A" Legal Description The North 342 0ifeet of TRACT 'W', a REPLAT OF BLOCK "D" of SUBURB BEAUTI.FLa,,as recorded in Plat Book 19, page 100, of the Public Records of PineIlas`•;CbuAty, Florida, LESS•;t1t,1 North 150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the, S,00th•60.0 feet of the West 282.12 feet thereof. "ra re commonly known as: ?417'Z1 Gulf to Bay Boulevard ;Clearwater, Florida ,t . 00o51005 EwRNErT\PLYa0i'S.SWD j - ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER JUL I 9a 7:29 813 894 1023 PAGE.005 ATTACHMENT B DESCRIPTION OF REQUESTS 1. Increase in building height from 25 ft to 50 ft top of roof deck 2. Reduction in parking spaces provided for existing retail store from 112 to 23 spaces. Reduction in setbacks as follows: North front setback from 25.00 ft to 7.29 ft to existing pavement East front setback from 25.00 ft to 10.82 ft to existing pavement East front setback from 25.00 ft to 22.91 ft to existing building West front setback from 25.00 ft to 5.33 ft to pavement South side setback from 10.00 ft to 5.10 ft to building South side setback from 10.00 ft to 7.20 ft to existing pavement West rear setback from 20.00 ft to 4.77 ft to existing pavement ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • ATTACHMENT C GENERAL APPLICABILITY CRITERIA 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The property to the west is an existing one story convenience store with covered gas pumps built in 1986. The property is essentially all building and pavement with minimal landscaping and no architectural character. The property to the north across Gulf to Bay Blvd. is older retail and motel developments built in the mid 1960's. The character of the developments is consistent with generic commercial properties built along Gulf to Bay 50 years ago with little or no landscaping. The property to the west is an existing motel built in 1951 with no significant architectural character or landscaping. The property to the south is an office condominium development built in 1983 with moderate landscaping. Each property with the exception of the office condominium development, and possibly the convenience store, is a prime candidate for redevelopment and would not justify setting a standard to be in harmony with for our proposal. The office condominium project landscape buffer along the common property line is currently approximately 5.0 ft wide which would be consistent with our proposal. The buffers surrounding the convenience store are also approximately 5.0 ft in width. The proposed development will at a minimum meet these existing standards and in most cases exceed them. The shopping center also includes a parking lot with several of the landscape buffers below the required 15 feet width along Gulf to Bay and very minimal canopy tree and shrub vegetation along the adjacent rights of way. The proposed office building is consistent with the use of the property to the south; however we anticipate this development to provide class "A" office space which appears to be a higher grade than the existing offices. The proposed impervious area coverage stays consistent with the existing site development since it is proposed on top of existing asphalt. The bulk and scale of the office building is proposed to stay within the Flexible Development criteria of 25 to 50 ft height and combined with the existing West Marine, is significantly less than the allowable FAR ratio and ISR. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. Based on the Pinellas County Property Appraisers web site, the adjacent convenience store/gas station is appraised at $415,000 and the motel to the east is appraised at $870,000. The individual condominium offices appear to appraise at around $72,700. The proposed office building construction cost is expected to exceed $ 1,600,000 with modern architectural banding; architectural columns, enter active fagade, up grade solex glass hurricane standard windows, updated paint colors, entrance overhang feature, etc. We anticipate the project will set a ORIGINAL RECENED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • • current standard for development within the area and increase the surrounding property values based on land use but additional class "A" office space availability. The development does not contain any site or building improvements that would physically hinder or discourage development to the surrounding properties. One access point to Duncan Avenue is moved slightly to the north to facilitate the relocated parking spaces. Site upgrades from the existing condition include the addition of a foundation planting area on the north side of the West Marine building, additional tree and shrub plantings along the east side of the West Marine Building and additional shrub materials within several of the rights of way landscape buffer areas and around the existing stormwater pond. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed development will contain the headquarters for Pilot Construction and additional class "A" lease tenants. We anticipate the use of the office space to be professional services that will not produce or use materials that pose a health or safety risk to residence or working establishments. The sidewalk along Duncan Avenue will be replaced along with the relocation of the driveway. The driveway and sidewalk along Gulf to Bay will be maintained. 4. The proposed development is designed to minimize traffic congestion. Enclosed as part of this submittal is a traffic and parking study by Gulf Coast Consulting, Inc. that addresses existing and future roadway and intersection capacities. Based on this study, the site would have minor impacts on the surrounding roadway which would be maintained well within acceptable ranges. The development maintains two driveways from the property without additional egress points. Based on the study, the proposed parking is adequate to address the existing and proposed needs. In order to assure adequate parking for the proposed office building and any future tenant of the West Marine building, the owner is proposing to record an instrument to clearly define the allowable future users of such building. This instrument will clearly define the user type and parking constraints as part of this submittal. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The property to the west is an existing one story convenience store with covered gas pumps built in 1986. The property is essentially all building and pavement with minimal landscaping and no architectural character. The property to the north across Gulf to Bay Blvd. is older retail and motel developments built in the mid 1960's. The character of the developments is consistent with generic commercial properties built along Gulf to Bay 50 years ago with little or no landscaping. The property to the west is an existing motel built in 1951 with no significant architectural character or landscaping. The property to the south is an ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • office condominium development built in 1983 with moderate landscaping. Each property with the exception of the office condominium development, and possibly the convenience store, is a prime candidate for redevelopment and would not justify setting a standard to be in harmony with for our proposal. The proposed office building is consistent with the use of the property to the south; however we anticipate this development to provide class "A" office space which appears to be a higher grade than the existing offices. The proposed impervious area coverage stays consistent with the existing site development since it is proposed on top of existing asphalt. The bulk and scale of the office building is proposed to stay within the Flexible Development criteria of 25 to 50 ft height and combined with the existing West Marine, is significantly less than the allowable FAR ratio and ISR. The remainder of the surrounding commercial and office area along Gulf to Bay is primarily general retail, restaurant and motel development constructed from the 1950's to 2000. There is no significant architectural character in the area, and the neighborhood is not within an architectural character zone. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The anticipated hours of operation for the office are 8:00am to 5:00pm. The existing West Marine store is open during normal hours of operation on weekdays and weekends. The West Marine peak business hours are generally on weekends and are directly opposite the anticipated peak business hours of the office space. These hours would tend to be less intense than the surrounding convenience stores and motels which would have 24 hour operations. The visual and acoustic effects from the general office use would be minimal and fully contained within the structure with no outdoor business activities. Visual and acoustic impacts from the parked cars are buffered by the proposed Viburnum hedges and the existing/proposed canopy trees surrounding the parking lot and building. The mechanical equipment associated with the building would be on top of the roof deck surrounded by a decorative parapet. ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • • ATTACHMENT D COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: use, intensity, or development standards. The use and intensity of the project is within the required development standards. The project seeks a deviation from the building height standard of 25 ft to 50 ft and a reduction in the parking required by the existing retail store. The building height increase is within the flexible development standard range and is requested since the property is currently owned by the developer with an existing long term lease holder on the site. If the proposed office building were limited to 25 feet in height the footprint of the building would become too large to provide the required parking spaces as shown in the attached parking study and make the project impractical. The setback reductions are requested in part due to the existing conditions of the site. The existing building and parking lot is currently under the code requirements. The reductions to proposed building and parking spaces are limited to the existing pavement limits and existing deviations. In summary, the setback reductions are requested due to existing setback deviations or proposed development within the existing deviations. Furthermore, the proposed building is located on southwest side of the site with utmost consideration to visual and environmental impact both within the site and to surrounding environment. The main access to the proposed building is from Duncan Street with signalized intersection at Gulf to Bay, thus minimizing any traffic impact to Gulf to Bay. The proposed building is placed in south side of the site 77 ft from the Duncan Street in order to reduce and visual impact. The proposed building is placed along the south property line in order to create a pleasant visual impact from the Gulf to Bay Blvd. and Duncan Street, as well as maximizing the use of north natural light conducive to the office work environment lighting. 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvement). Based on the Pinellas County Property Appraisers web site, the existing site is valued at $1.7 million. The proposed improvements are anticipated to be approximately $2.5 million for a total value upon completion of $3.2 million. The adjacent convenience store/gas station is appraised at $415,000 and the motel to the east is appraised at $870,000. The individual condominium offices appear to appraise at around $72,700. The proposed office building construct6om is RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • • expected to exceed $ 2,000,000 with modern architectural banding, updated paint colors, entrance overhang feature and hurricane standard windows. We anticipate the project will set a current standard for development within the area and increase the surrounding property values based on land use but additional class "A" office space availability. The development does not contain any site or building improvements that would physically hinder or discourage development to the surrounding properties. One access point to Duncan Avenue is moved slightly to the north to facilitate the relocated parking spaces. Thus the proposed development and improvements will enhance the value of the surrounding properties and encourage the neighboring property owners to refurbish their properties. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. The existing retail store and proposed office building are allowed uses within the commercial zoning district. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. The property to the west is an existing one story convenience store with covered gas pumps built in 1986. The property is essentially all building and pavement with minimal landscaping and no architectural character. The property to the north across Gulf to Bay Blvd. is older retail and motel developments built in the mid 1960's. The character of the developments is consistent with generic commercial properties built along Gulf to Bay 50 years ago with little or no landscaping. The property to the east is an existing motel built in 1951 with no significant architectural character or landscaping. The property to the south is an office condominium development built in 1983 with moderate landscaping. Each property with the exception of the office condominium development, and possibly the convenience store, is a prime candidate for redevelopment and would not justify setting a standard to be in harmony with for our proposal. The proposed office building is consistent with the use of the property to the south; however we anticipate this development to provide class "A" office space which appears to be a higher grade than the existing offices. The proposed impervious area coverage stays consistent with the existing site development since it is proposed on top of existing asphalt. The bulk and scale of the office building is proposed to stay within the Flexible Development criteria of 25 to 50 ft height and combined with the existing West Marine, is significantly less than the allowable FAR ratio and ISR. ORIGINAL RECEIVED UCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER o • 5. The development of the parcel proposed for development, as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposed project includes an additional 20,050 SF of class "A" office space along Gulf to Bay. Based on a market study for this area, there is a significant deficiency of high end office space for professional users in the immediate vicinity of the parcel. The office use would bring additional medium and high income employees to the vicinity to engage and foster business growth to the surrounding stores and restaurants. In addition, the updated architectural look of the building will be a significant face lift to the surrounding businesses located in outdated buildings from the 1950's and 1960's. In addition, the offices will complement the existing office condominium park south of the site and offer a higher end alternative to businesses for space. 6. The design of the proposed comprehensive infill redevelopment project creates a form and function, which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The current community character of the Gulf to Bay corridor in the immediate vicinity is outdated single story buildings constructed in the 1950's and 1960's occupied by small motels and businesses. The most prominent development in the immediate area is the existing shopping center and Auto Zone west of the proposed development. None of the above mentioned developments include a form, function or community character which would set a positive example for future development. The existing office condominium development south of the site was developed in 1983 as single story small offices as a buffer between the surrounding single family neighborhoods and the commercial property along Gulf to Bay. The proposed project brings the design elements displayed in current projects proposed in the downtown core district with class "A" office space and updated architectural style and colors to an area further east that is in need of updating. We anticipate this development will increase surrounding property values and spur additional growth in this area which is currently severely under utilized by outdated motels and local businesses. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The project requests include flexibility in regard to required setbacks and height. In return the project will continue the upgrading of the property and surrounding area. The existing West Marine store is a redevelopment of a closed automotive repair store, while the proposed office building continues to improve the site with an offering of class "A" office space. The surrounding area is predominantly one ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT R1TVrNr^1???,. ,?? and two story buildings and a large strip center without architectural character. The proposed building will result in a more architecturally appealing mixed use office/retail development that continues the trend of hotel and office development further east near U.S. 19 and new retail/office and condominium projects further west near the downtown core. We believe this development will spur the upgrade of this portion of Gulf to Bay which currently is outdated and underutilized by small hotels. The building will also add an architectural appeal to an area currently void of significant architectural presence and curb appeal from the existing convenience stores and strip centers. 8. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on- street parking in the immediate vicinity of parcel proposed for development. Attached is a parking study prepared by Gulf Coast Consulting, Inc. which provides an extensive and specific review of existing parking usage and proposed conditions. In summary, the study shows that the addition of the existing office building and the existing retail store require 105 parking spaces. The proposed parking revisions addresses this need and maintains the two existing access points to Gulf to Bay and Duncan. Based on the study and design, the project is designed to avoid on-street parking in the immediate vicinity of the parcel. ORIGINAL RECEIVED acT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER G Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-6624567 Fax: 727-562-4865 CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled and folded i rdo sets * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION W ITH ACOMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE ]LANDSCAPE PROGRAM (Revised 03%29/2006) --PLEASE TYPE OR PRINT- APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANTNAME: --?-- MAILINGADDRESS: PHONE NUMBER: -7z: = < CELLNUMBER: PROPERTY OWNER(S): _ 1;7__ I_ist ALL owners on the deed AGENT NAME: ---- MAILING ADDRESS: ?J?'`: PHONE NUMBER: (;? as L` _- v FAX NUMBER: ( CELL NUMBER: ,--- E-MAILADDRESS: -zoi _ 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the duel op ment. OR b. The design, character, location arKVor materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be derr*rstrably more attractike than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape stan dards. . C:IDocumentsand Set6ngslderek.fergusmlDesktoplnewplanning6leslComprehensive Landsc ape Program 2006.doc ORIGINAL Pagel of 2 RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Z LIGHTING: Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. 3. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program will enhance the commu nity character of the City of Clearwater. - ? L 4, PROPERTY VALUES: The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity ofthe parcel proposed for development. 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adoptedfor the area in which theparcel proposed for development is located. THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL IWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, Ubt-tICH SATISFIES THE ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS, SECTIONS / ELEVATIONS, P.ENDERINGSAND PERSPECTIVES MAYBE NECESSARYTO SUPPLEMENTTHE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: ! the x.dqir?Ig _ , , Wedge that all representations made in this appt(cation ar true and accurate to the best of my fmowfedge ran utftonze City representatives to visit and photoraptr/thaperty described in . 's application. or re orese ntt an ve STATE OF FLORIDA, COUNTY OF PINE ?S Swornto and subscribed before me this day of UCc to ! A.D. 20j4---to-me and/or by 02 l-, v ?C personally Ivr?n has produced as ide rrtrfi//cafi on. Notary public, Mycommission e)ires: / :o<?;,•. I uwrna fdl. Neagan Commission # DDI' 1081 ? iy -• Expires June o, 2008 ?,? " aondod Troy Fain - Insurance, Inc 305.70114 C:tDccun ents anc' Sct7rrgs de ak.iergus?lDesktoplnc-wplar:nin.gfleslCOW. ehensive Landscape Program2?ri.do ORIGINAL RECEIVED 0,T 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER COMPREHENSIVE LANDSCAPE PROGRAM ATTACHMENT A 1. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. The existing and proposed landscape program provides the minimum landscaping required with the exception of foundation landscaping along the north side of the existing West Marine building. A foundation planter is also proposed to be cut into the existing north sidewalk of the West Marine building. Additional shrubs are proposed along the north front setback to augment and replace existing shrubs in poor condition. A new hedge and foundation landscape materials are also proposed along Plumosa Avenue to screen the east side of the existing West Marine building. The proposed foundation plantings include palm trees, ornamental trees, foundation shrubs and groundcover. Additional palm trees and shrubs are also added to augment the south side buffer adjacent to the existing office park. 2. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. The outdoor lighting currently in the existing parking lot consists of a series of pole mounted and wall mounted lights. The lights are automatically controlled so that the level of lighting is reduced when the business is closed. A small portion of the lighting remains on for security purposes, consistent with other businesses located along Gulf to Bay. 3. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. The current community character of the Gulf to Bay corridor in the immediate vicinity is outdated single story buildings constructed in the 1950's and 1960's occupied by small motels and businesses. The most prominent development in the immediate area is the existing shopping center and Auto Zone west of the proposed development. None of the above mentioned developments include required landscaping, or in most cases, no landscaping or open space at all that would set a positive example for future development. The proposed project brings the design elements displayed in current projects proposed in the downtown core district with class "A" office space, updated architectural style, colors and enhanced landscaping to an area that is in need of updating. We anticipate this development will increase surrounding property values and spur additional growth in this area which is currently severely under utilized by outdated motels and local businesses. ORIGINAL RECENED CST 2 7 2006 PLANNING DEPARTMENT CIJY OF CLEARWATER 9 0 4. The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. The existing surrounding businesses along the Gulf to Bay corridor include a convenient store with gas pumps at the corner of Gulf to Bay and Duncan built in 1986 and older motels and retail facilities built in the 1950's and 1960's. All of the above properties have little or no landscaping. The existing project site currently includes extensive landscaping including trees, shrubs and grassed open space. In addition, since the original development of the site, the trees and shrubs planted have matured and provide a significant shading and screening from the adjacent rights of way and properties. The existing West Marine Building currently does not include foundation landscaping along the north side of the building. A proposed foundation planting area is proposed to be cut into the existing sidewalk along the north side of the West Marine building. The buffer area along Gulf to Bay and Plumosa Avenue exceed the minimum standard width. The proposed office building will include the required foundation landscaping, parking lot islands and buffer plantings. The proposed foundation plantings include palm trees, ornamental trees, foundation shrubs and groundcover. Additional hedges are also proposed along the existing east property lines and east side of the building to provide additional buffers along the existing parking lot and east side of the West Marine building. The existing and proposed landscaping associated with this project far exceed the other Gulf to Bay properties and will not only have a beneficial impact on the surrounding value but also set an example for redevelopment of the area. 5. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. The parcel is not located within any special area or scenic corridor plan. ORIGINAL RECEIVED OCT 2'7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER CI IL ENGI 1 \' - ---- LANDSCAPE ARCH-tTHEr T? .. l? S IvWUrr?iwWw?A _ Pl AN'v [; .C c. Pon -Li 5 Canc.S ' 6 5 ) 7 N 89'56'12" E(M) 281.74'(M 9- Lt +- -1 I'} \ II ?. 1 5'- - N 90'00'00" E(D) 281.98'(0) ? I t+- I I I?-JI •I»' S 02'3000' E(M) 34233'(M) ?• s ® 5 02'30'00' E(D) 34233'(0) I 2' i' .XIWS ,MNxuc cDP3 A. G - I KEITH ZAYAC R ASSOCIATES, ® N 89'58'50° E(M) 749.95'(M) tl ww wm sv< i A N 90'00'00" E(D) 149.73'(D) 112{. INC. N 02'15'47" W(M) 60.09'(M) s/ I - iimi 1..Pi 12. I 1 (727) 793 9888 ' 7111 ISE ROAD E. BNrERPL rE aA, N 02'30'00" W(0) 60.06'(0) ?llr 1 I(._. ,.-. °..E T 41 1 4I GRAPHIC ALL fi ® , II • f wININ.Ku HAR AR B RE BL 5 89'55'33' E(M) 282.17'(M) ww 7xz c N 90'00'00' E(D) 282 39'(0) m C ' 1- ® 5 02'3528' E(M) 131.76'(M) 13_35' ?~. S 02'30'00 E(D) 13213'(D) x.es e' 1 v. ' 1 © N 8957'09' W(M) 150.19(M) z N 9Q 4 0'00" E(D) lsa.la'(D) I 1-- ® Lw N 02'25'56" W(M) 149.95'(M) -5{ m?_.?'IE I - N 02'30'00" W(D) 150.14'(0) 6• 3 I I rYP "AND • Pu;Iw ITX+u.3 e 3 15• RFPI H/c "AND AP -T00 WAY !9 ? i R/W R sW"`c" .- RrnaARn Par mL_ rzl L I a R G 1 HANDCAP PARXHG 1wAIpAa (1ro.1 St'9P I I- I+s?ya © -..-. -.. _AND- BUEfEe UNE 61 II III T .':? 1 STORY - SHE BOUNDARY a PRWLrwM 9 sa aa. Eo oR¢en¢ / 1 19 „I+ II 9 o MASONRY .1 I 12 ' PROPOSED -REM I—— (Pa ?PO ) a¢ a ?P ?W .. n 1 COMMERCIAL w b N[w ?o- (ml ITwI. I 4T- BLDG. ; • 1 NEW PAVEMENT SE 1. ^ _____ --?a __.__ LFE=68.45 II II EXISTNG PAVEMENT IA u.c. ?N/ rz IN t p oq 1 J r Npa 2IE??py' (rm.l - I11) ivPTi . na mPF I I m C EXISTING ..'No Q m m , Go _ I. b!I a (. ,?? 7?' l' 11 a wins I l f?11? VIII INIQBIX+LANDSCwE U 9O G s n i 9m ra - •, n in IJl I EXISTMG TREE TO R IN T -{--. t L cnsrxc mw WuL I .III * II ___.. __ J ? -. - y .e x. a `??,, I' ?II s I slmrocrt -' 4444^'4 v 0 1 STOR ?Med 133.6' TI (l a I ? I MAS N MWLd SLPd$ coop. I li° i fT OoMNAIRC BLOG I a R LF 45 G G WTOtl Ee5m4 ???? -? JJ sW[W f1+P1 - j R-i- WPII Iii, ____________ ?--____ ------------------------- _ _ __ /47 _ ',.: 111 I I -?y5. a r _ pp7Ca 0.53 Ax 5? ]- 1 ------------------ Conc. BI x Rctaln?n wall a mul AILaArtP I ?2 _ I M1 ' < vAtH }_5 GL ard¢II 9 Luc. e0X PAP H ? JGG? sl133 6 NEE A- 19.1. 10 Eoaement OR B¢ox 4324. PP9< 1760 WAL ?[v I :_v..I n I _ e c°'• 6' {=l 11'IIC.%GRA Zf EL-65.Q1 ) ! Y IC k 12 /12' 5 11%12S . _ : s b ? 5 / _ 4 '14' 5' ?+ --10 --?•10 r`//?5-??-n'__!3 -12" T,_?.JIJ TEMFLPTL - W4, II' 10'20' o 9"tle k2" "??? fl L GIG1C= PAMP;-- 6' NPMy )0" 10 12- I/ "10' IS' wD?? IS' GENERAL Nr'TES: I. SETBACKS: 25' Fawn T2 EXISTING PAVEMENT (NORTH) B. ALL DISTURBED GRASS WHIHN RIGHT-OF-GRAY %4- BE SODDED. 12. SITE DATA 81.01' TO E%ISTINL -(NORTH) 9. ALL UNUSED DRIVEWAYS MOST BE REMOVED AND REPLACED wTIH CURB 1. ENG3NEER/LANOXAPE ARCHITECT: Kp TI1 ZAYAC A ASSOGIAIES. INC. 10.81' TO EXISTING PAVEMENT (EAST) SIDEWALK, AND LANDSCAPING N MATCH EXISTING CONDHONS A. TOTAL STE AREA 105,120.28 ST (2.f9 AL) 108,320.28 S (2.19 AC) BLOOD SF 701 ENTERPRISE ROAD EAST, MITE A04 22.91' TO EXSTNG BLDG. (EAST) IT TOTAL OPEN SPACE 23,931.53 4 (0.55 AC) 2l, 404.21 3 (0.53 AC) 5.416.01 SF. (0.05 ISR WN.) .9 SAFETY HARBOR, FL 34695 5.53' TO PAVEMENT (WEST) 10. ROOD ZONE g ((TO) 793-9888 Bus 78.75' TO BOG. (WEST) MI5 STRUGIURE APPEARS TO BE IN E-DOO ZDNE "X" G BIIe3ANG F00TPilwi 22,200 4 (¢50 AL) 25,511.22 SF (0.65 AC) _ p (727) TB3-9855 Fn ACCORDING TO THE 9000 INSURANCE RATE MAP COMMUNITY 0. 9DEWNlt/DEIX/PALEO AREk 62,179.75 SF (1.42 AG) 56.37185 SF (1.29 AC) 721 CUtF TO BAY BLVD. 10' sm 6.48' TO PAVEMENT (NORTH) PANEL NUMBER 1210XDIOS H MAP REVISED DAIS MAY 17, 2005. 84.91601 S (0.78151x, 781Q 102,w4.26 SF (¢p515R AA) 2. SITE ADDRESS ID: 77.15' TO BLDG. (NORTH) PRONGED BY THE FETMRAL EMERGENCY MANAGEMENT AGENCY. E- TOTAL II&pxNQ15 AREA 81,388.15 5F (0.78 Ipx, 18i1 CiEARWATER, FL 33755 29.99' TO EXISTING BLDG. (SOUTH) F. PAIRING SPACES 112 SPAS 104 SPACES 167 9498 Yj PARCEL 10: 14/29/15/85968/000/0010 7.29' TO EYJSTING PAVEMENT (SOUTH) 11 PARKING REOJINEO: G. VEHICULAR AREA 59.075.72 S' ARmA2 S, 510' TO PROPOSED BLDG (Sau.) -ING- 'C' 20' BEAR 4.77' i0 EXISTING PAVEMENT (WEST) y i 3. PRESENT USE RETML 7. ALLOWABLE MAX HEIGHT 25' - SO' MAX PROPOSED BLOC. HEIGHT (OFFICE) 50-0- FT. TO ROOF DECK A. DEVELOPED USE OTEICE A EXISTING RETAIL EXISTING BLDG. HEIGHT (RETAIL) 22'-B' s MT. $7 AREA e.320.2a V (2.49 -C) H- w1EN0x LANOSUANE AREA 5.23227 BE (11.18 4,679.86 S.F. (IUf) -- ,A H.OOV AREA 22.20900 SF (0.21 FAR) 42.259.00 S.F. (ITS) 59.576.15 SF. (0.55 FARJ _ Rfua a- am 13. ALL EXISTING SIGNAGE wLLBE BROUGHT INTO COMPLIANCE wTH CURRENT CODE. --- - -- x '? >M n A THERE IS NO ADDITONAL SIGNAGE PROPOSED wTH THIS PROJECT. •------ - +s s.. s xzNx Hs ev v aKEr 14. ALL p-SITE UTLITES MUST BE UNDERGROUND. AND EXISTING 'p a?. • xsu x: r: n K's IW M" ABOVE GROUND UTILITIES ON-SITE MUST BE BURIED. MTTINGONL 4 of 8 - 0728M - r l Crv f IPSIAPE AFICIIIIIIG "R!: PLANNING O c Q 5 wg 6 I l I c 5 I 6:. y _. _ eg .euxnyx ? . 9? I N 89'56'12 E(M) 281.74'(") y. _ D+-- y 1 r- ?I Lt N 90'00'00° E(D) 281.98'(0) ?+y? r o ?? f? w .?r k• t ?t © S 02'30'00" E(M) 342.33(") 02'3000' E(D) 342.330) ) ' I II'{ I :1 wArx:e l,..l yw "°""*"` - I KEITH ZAYAC & S a)F c ASSOCIATES, © N 89'5850" E(M) 149,95'(") 12( elmmwe.Amerro I sw _ e _A_ a.w+Ex ?- ?' \ I ?? INC. N 90'00'00° E(D) 149.73'(0) I LL. 7z71 793 _9 8 8 8 N 02'15'47" W(m) 60.09'O M s' JUJ 1 N 02'30'00" W(D) 60.06'(D) I'Irj _L (Y 91 101 ENTERPRISERO FE. ITS 1+1 I f a, T x I S ???- SAFETY HARBOR, , FL 3J695 ® S 89.55'33" E(M) 282.17'(M) - U WWW [[IT RZAYAO.COM N 90'00'00° E(D) 282.39'(0) t• - - ® S 02'35'28" E(M) 131.76'(M) s 02 • ':i .I S '30b0' E(D) .133 5 132.13'(D) )I Ir © N 89'5709" W(M) 150.19'(") 2 --?u-' 111 e N 90'00'00" E(D) 150.14'(D) a 7a - r. ® N 02-205'56W (M) 149.95'(M) °-,° rvr?'' N 02'30'00" W(D) 150.14'(D) c s mT 1 I ^. ? aEwm`tro.) m 8 ?- II- I i)... ?' ? I Z x[su Aeru frw.l IJ 0? I #1721. . F, :. v \I••r11 C'' ' - _ - - - T 1 STORY m f' { I ?`J c W ? ? I I I I - + MASONRY 12° I Z `' (TO coea?joe¢Aen , .4 4193 Pcye la3s $: i ? COMMERCIAL I w r o w lOntI l BLDG. - II : _.______ ------------------- LIE-6&45 . Ii e 1-- ?I -I rv .ate xw" I?7 ' nx m m J Ir ] d tM ? I Im u - ® ??_ .- . ? ? ... .o Meta sure G W911 Meto+ cl. . f I R xa TOE I 6? a am .- --- - - -- - -- -- --- ? -- ? (- x-65 6J xl tlOtlO ? I N 0.. 3 ME ?- .' I II I Cmc. Rlosk Retainln9 Wdl j IW _,al ?l I ' I ? f - 15 ?. J?-?•-+--? ?45/ I?Z III x F {? ?,- Ca[aaa to' Easement OR Soak 4324, Pove 1160 -.. - O - Fn I n I 1EfE J 9ff WAGE a a 6 11C.I CkATE EL=65 $] •a P I r YYYY I I 1'rL Z%12 ?51( 5 12%115. %14 w 2 1 1. 6- 'AR n:s0: „1? •.?3- i05 , 2 1' GAR ` F o 10%!0" 32- I 6 TOTAL TREES REMO 6 S 6 6 [ F_ ' e f. v eem?a'o•mw goaawew w ponmR sae.. as nwaee, ro ww;aa wnen a w one anmab oatnn.m 6" Hilly 10' 10° 12" la'10" 15' 9' '- Ix .-. !m .•.^?-?? IR-20" I • I IS")? I w > - - O z N x. M paw me n C.ab Na. r ., e?AMea q en Flwaa re. iM tame" ?n mcla^sroP M mew?eWb? aaaa?M al nawaw.y appiaibN w m a.a saxwe a PMwm ?. r a p am. tint are wvaroee e q w aMacaq eMOnecan eMl N ree9eaaa a.m St. Aquacn. 'FlOnlam IS, Av oi?Awauitwa nnwn a vgni ba.ecy traua a.w 5mmwea re. kiwevy vbnta, - aan xt rnat IS, anwn. 199e a. nw.a e.w° um +, vin.. °? °? _ x.. aalaavan. ,wnowl. ens o?ww e,.eaem m a"r aw aq aeon. ' 3. Au p_nq pwe oa gone .n xcaraaM.. 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[ spy a9m mob. oavaaman IS, me eo+6wtw pwu a n.aon. ma pee ow ma as ?w as m .. _. b w m. acme ... gene m. Lmemaa. A•a,tba wn.n <a ..awt !e. aro Mw.. w nmawa aaa9m9eab n.. pmvnga. .. R -71111_- OF • tin. p ry aw ry M oa a maM .RV aonlna <wnpeson rm E.MM os mcasewy m ORIGINAL Building Material and Color Scheme (elf Immil • • • • RECEIVER Exterior Walls: Synthetic Stucco Finish Cornice: Synthetic Stucco Finish UCT 2 7 9006 (RL Greenhouse Chamois 156) PLANNING DEPARjm6t, Accent: Synthetic Stucco Finish CITY OF CLEARWATE:e (RL Greenhouse Chamois 156) L Field: Synthetic Stucco Finish RL White Wash WW54 18" high Type "A" Architectural Cornice Columns: Synthetic Stucco Finish (RL White Wash WW58) Store front window with white kynar frame and solex green glazing (Typ.) Windows & Doors: - 3/4" Expansion Joint both ways (Typ.) Frame: Kynar White - 1/2" Stucco with Synthetic finish (Typ.) Glass: Solex Green 4 to high point of parapet 50 Feet to high point of ¦? the roof deck 0 ©?-0 north elevation 127 feet 42i to high point of parapet 50 Feet to high point of the Roof ill west elevation 18" high Type "A" Architectural Cornice Storefront window with white kynar frame and solex green glazing (Typ.) 3/4" Expansion Joint both ways (Typ.) 1/2" Stucco with Synthetic finish (Typ.) ORIGINAL RECEIVED U CT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 10 Building Material and Color Scheme Exterior Walls: Synthetic Stucco Finish Cornice: Synthetic Stucco Finish (RL Greenhouse Chamois 156) Accent: Synthetic Stucco Finish (RL Greenhouse Chamois 156) Field: Synthetic Stucco Finish (RL White Wash WW54) • Columns: Synthetic Stucco Finish (RL White Wash WW58) L Windows & Doors: Frame: Kynar White - Glass: Solex Green •?.l:JJ.1.?J1J ? • • • At to 18" high Type "A" Architectural Cornice Store front window with white kynar frame and solex green glazing (Typ.) 3/4" Expansion Joint both ways (Typ.) 1/2" Stucco with Synthetic finish (Typ.) ORIGINAL RECEIVED Building Material and Color Scheme Exterior Wails: Synthetic Stucco Finish UCT 2 7 2006 PLANNING L)EPMTMENT CITY OF CLEARWATER Cornice: Synthatic Stucco Finish (RL Greenhouse Chamois 156) Accent: Synthetic Stucco Finish (RL Greenhouse Chamois 156) Field: Synthetic Stucco Finish RL White Wash WW54 Columns: Synthetic Stucco Finish (RL White Wash WW58) Windows 8 Doors: Frame: Kynar White Glass: Solex olex Green hig h point of parapet M ig h Feet to h point of f e roo (D - [ I ?l ? I CS • south elevation eamr6flIn ? • 4 • 47 to high point of parapet 50 Feet to high point of the Roof N east elevation 18" high Type "A" Architectural Cornice Store front window with white kynar frame and solex green glazing (Typ.) 3/4" Expansion Joint both ways (Typ.) 112" Stucco with Synthetic finish (Typ.) ¦o ¦E ?g 49'-10' ORIGINAL RECEIVED J0 2'71006 PLANNING DEPARTMENT CITY OF CLEARWATER Building Material and Color Scheme Exterior Walls: Synthetic Stucco Finish Cornice: Synthetic Stucco Finish (RL Greenhouse Chamois 156) Accent: Synthetic Stucco Finish (RL Greenhouse Chamois 156) F-771 Field: Synthetic Stucco Finish (RL White Wash WW54) Columns: Synthetic Stucco Finish i (RL White Wash WW58) Windows & fors: Frame: Kynar White . Glass: Solex Green 110 hrLDi?atSJ \"O?:1`/ Lirl?rLiJ ° ° 1zr.a• ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER i • 0 floor plan ; I t / _._.___._._. 1_._._ I 1 I I 1 tlypical I 1 I per floor plan ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTME? CITY OF CLEARWATER 12T-0' 1 1 I 1 1 I I 1 1 ? I 1 1 1 I j 1 1 1 i I 1 i 1 1 1 1 1 1 ? I I ? 1 1 1 1 1 1 I 1 I j j I I 1 1 ? 1 1 I I I j 1 I 1 ? I I 1 0 . 0 0 0 • • • ---TA r • 0 10 0 • GLOBAL FIRE ENGINEERING, INC. -- - - - - - - FIRE PROTECTION DESIGN & CONSULTING O 8450 Linger Lodge Road, Bradenton, FL 34202 ¦ 2108 W. Risk Street, Plant City, FL 33563 Phone: (941) 758-2551 Fax: (941) 739-6383 Phone: (813) 659-2700 Fax: (813) 659-2727 Wednesday, July 26, 2006 Clearwater Fire & Rescue 610. Franklin Street Clearwater,. FL 33756 Project: Duncan Office Building, 1721 Gulf to Bay Blvd., Clearwater, FL 331755 RE: Fire Flow & Hydrant Worksheet To Whom It May Concern: Please accept the attached Fire Flow & Hydrant Worksheet for the above referenced project. The building plan is for a 4-story office building, built of non-combustible construction. The planned roof height is roughly 50 ft. with the 4th floor level being roughly 37 ft. 6 in. Two (2) stairwells are currently anticipated. The general NFPA 13 classification of the building would be 'Light Hazard'. There will also be some small storage rooms that will require 'Ordinary Hazard, Group 1' protection. Per the Building Code and the Florida Fire Prevention Code, the building will require a standpipe system, in accordance with NFPA 14, with fire department hose connections in the stairwells. Because this is not a 'High- Rise' building and it is fully sprinklered, the standpipe system is allowed to be classified as 'Class I, Wet- Manual' in accordance with State Statue 553.895 (2). This means that the standpipe system piping will be sized to provide 100 psi at the roof when pumped via a fire department pumper truck at the building FDC. The total anticipated flow rate necessary to meet NFPA 14 requirements is 500 gpm for the most remote stairwell with 250 gpm for the other stairwell, for a total of 750 gpm. The flow test performed at the site indicated a static of 54 psi, residual of 43 psi, while flowing 2020 gpm from the system. This indicates an adequate water supply.in the area. The above information indicates that a fire pump is not anticipated for this project at this time. The city water supply should be adequate to supply the sprinkler systems on the 4th floor without a fire pump. If it is determined during the design phase that a booster pump is needed for the sprinkler systems, then a small pump (approximately 300 gpm) would be required. No pump is necessary for the wet-manual standpipe system. Also, all new fire protection systems will be required to be monitored by the building fire alarm system. If there are. any questions or concerns please feel free to call me at (813) 659-2700. Sincere!y; Nathaniel J. Hatcher, ':I.E. Vice President Global Fire E_na,iileei'ing, Inc.. FL P.E. # 59350 ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER LL C,Ite.arwater Clearwater Fire &,Rescue 610 Franklin Street -- Clearwater, Florlda 33758 ... Public Works Administration Engineering Department `'100 S. Myrtle Avenue, Suite 104 -Clearwater, Florida 33756 FAR :fiW FIYEi,A T 11f'CS'F (Revised 03/29/2006) This worksheet is required to be submitted to and approved by the Authority Having Jurisdiction (AHJ) prior to DRC meeting for any project that Is more than 3 .stories or more than 30 feet In:height above the lowest Fire Dept vehicle access. point or for any other project that will require an .Automatic Wet Standpipe System and/or Fire Pump before any permits for new building construction, building expansion or fire hydrants will be Issued by the City of Clearwater. Information and design must aormply with Florida Building Code, Chapter ::9 - Fire Protection Systems, F(orida Fire Prevention Code to include applicable NFPA Code (NFPA 1, 13, 13D, 13E, 13R, 14, 15, 20, 291 and 1142 Annex H) and AWWA M-17 - installation, Field Testing and Maintenance of Fire Hydrants. Project Name: UCC-J C, Of-- Ire Project Address:--- C( 4 4 4-o .64y- ( J ?e /c, , :337S? GEI(Vt R 1fVA7EFk ?`Y?1 M'.l Ift f'tMAT?IION- Location of Nearest Fire Hydrant: ZZol / 4-611 Q,gl?l ??yoi. Hydrant #: 60 Tea _ Size of Water Main Supplying Fine Flow: Looped System or Dead End Water Main? hopej Static: _psi Residual: `j psi Pitot:'/ / `?y',3jpsi psi Flow: o? O 9fl gpm -, YN Distance of Test Gauges Rolative to the Base of the Rlser Hydrant Test Conducted by.?' (indudolAttach Copy of Actual Test Sheet) . Horizontal 300 Ft, Vertical Elevation _ Ft. NFPA HAZ ARDD UI SS1P1CATION ._., . Area # 1 5 r?on2 ._ ?9 9 Classit7caflon i ? Atracll AUU1fW ar shgafs irNecessary Pago1of3 ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Description of Hazard Pfntectsd (Commodi(y 0wolotlon, Storage Haight andArrangemeA if applicable): >=5tb PA'fkTtltT Ef;Sr ?---J Area # System Type sp?Nk lac Area (sq. ft.) Density (gpnfft) inside Hose (gpm) LP "IC 2 4Jc /3',tn'.?:,-rya M Off- .4vt?A/ A(lach Additfanal sheets trNecessdry Outside Hose (gpm) /Sp Tq 't -/?J 7,570 M ??M titJ Total Needed Fire Flow (N.F.F,) 7S Is Existing System Supply Sufficient to Meet N.F.F. Above? No Yes CUQES AN-11STANDA1 b.S ~r _ System Component Appfic&e NFFA Standard /Year Edifion and OtherAppiicabie codes or Statutes Attach Additional Sheels if Necessary If Project Includes Fire Pump, Supply the Following: ?0 ,DUMP ?rv7ric??Ir}d Fire.Pump informabon: Pump Capacity: gpm Churn Pressure: Rated Pressure: psi Pressure Q 150% Flow: psi On-Site Storage Tank Capacity (?): 'PRIEPARER l ?$F.,ECi-FIERiNF.7R.MATI'ON _. . y Preparer Name; - /1j?7'f?•'?///?G > / 4 7C- I Company Name: ??9 ?,¢??-Y?t?v?i.??err %+?, -L^'?. Mailing Address; City; State: zip; 3,3S-C3 -._-- Phone; ??.? -GS?'Q?JO O Fax:/3=1i Page 2 of 3 i - ?. ? 930 :1. E. Seal ORIGINAL RECEIVED OCT 2 "7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER t_?r 2F,/L3 G Oi,?:.1.3 4"".7 55:24'5 ElI PUBIC UT.IL.ITIES FAGE 02 ` ? a 1 FLOW Y TES CITY OF CLEARWATER WATER DEPARTMENT GIJSTpMER R. QUESTING TEST i I, ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 4 1 0 0 STORMWATER NARRATIVE The existing site includes a 22,209 SF retail store, associated parking and a normally dry treatment/ attenuation pond located in the southeast corner of the site. The pond discharges to the west via underground piping to a manhole on Duncan Street. The proposed project includes the construction of a four story 20,050 SF office building on top of a portion of the existing parking lot and re-routing of the existing underground conveyance and discharge piping. The existing stormwater pond is currently in working condition based on a site visit and is proposed to remain and continue to provide attenuation and treatment for the project. The enclosed drainage calculations are designed to replicable the original design of the site and stormwater pond along with the updated impervious area calculations. The site data from the original plan is included within the stormwater calculations as backup information for the ground cover calculations and areas. The precondition obtained from the original permitted plans (site data table) shows an existing building and pavement for which half credit is used in the attached calculations. One modification that is necessary, based on review of the survey information, is to reconstruct the control structure to the original design top of 66.50 and modification of the weir elevation and width per plan. A note is also added to the grading and drainage plan to add a skimmer to the control structure. ORIGINAL RECEIVED OCT 2 7 2006 is?tit?t??r?r i= ul 1 PLANNING DEPARTMENT CITY OF CLEARWATER M CITY OF CLEARWATER Duncan Office STORMWATER CALCULATIONS 503-06 10/27/2006 1 Required Treatment Acreage Square Feet 1/2 inch 2.490 108320 2 Attenuation n? 0 2 m 0 0 m 4? mQ ?v o v >K m Z f Cu Feet Acre Feet 0.5 4513 0.104 MOT ZONE VI: Tc=60 min i=3.7 inches per hour C existing calculation: Square Feet C 95448 Existing impervious area (so @ 0 Existing gravel areas (SF) @ 0 Existing pond area (so @ 12872 Existing pervious area (so @ C proposed calculation: 84916 Impervious area (so @ 0.95 0 Gravel areas (SF) @ 0.5 3876 Pond area (so @ 1.0 19528 Pervious area (so @ 0.2 Volume needed = tiA (Cp -Ce) t 3600 i 3.7 A 108320 Cp 0.82 Ce 0.45 0.48 0.50 1.00 0.20 sum 0.95 0.50 1.00 0.20 sum 45815.04 0 0 2574.4 48389.44 80670.2 0 3876 3905.6 88451.8 Cu Feet (Acre Feet) 12250 0.281 <Amount needed to treat 0.45 <Existing C 0.82 <Proposed C <Volume needed for storage • 3 Pond Volume Pond To Elevation 66.50 Water table 60 Pond Bottom Elevation: 62.00 Area of Pond at To El. sf : 6,013.50 0.14 K sand ermeabil ,ft per hr): 1.67 Area of Pond at B ottom sf : 800.00 0.02 Side Sloe 4 Safe Factor dimensionless : 2 Increment 0.50 lavg v AVG. FLOW AREA OF AVERAGE AT ET E h? Ah TOTAL ENGTH THR HYDRAULIC POND BOTTO FLOW FLOW INCR. TOTAL ELEV. TOTAL HEAD INCR. HEAD VOLUME OND BOTTO GRADIENT A=(L)(h) Q=KiA (Q1+Q2)/2 TIME TIME (NGVD) (ft) (ft) (cf) (ft) i=h/la,9 (w) (cfh) (cfh) (hrs.) (hrs.) 66.500 6.250 0.225 15330 2.00 3.125 0.0 0.0 0 0 66.275 6.025 0.225 14007 2.00 3.013 800.0 2012.4 .... . . 1006.18 _ 1.316 _ 1.316 66.050 5.800 0.225 12742 2.00 2.900 800.0 1937.2 1974.78 0.641 1.956 65.825 5.575 0.225 11535 2.00 2.788 800.0 1862.1 . ._........ __. 1899.63 0.635 2.591 65.600 _...__..._....._....._..._.... _ 5.350 _._.._,___.. 0.225 ..._._......._......_...... _ __ 10387 . ._. . . .... _ _ _ 2.00 2.675 800.0 1786.9 1824.48 0.629 3.220 65.375 ... ..................._.._......... ...... 5.125 _..._.__...._._..... 0.225 ...._._..._._.__._....._..... .. .._ _. . . _ _. _.._.._.._. 9298 ..... ......... ._............ _...._._..._...._.. . 2.00 _.. _.........-......__ 2.563 800.0 1711.8 __.. .._...__........ 1749.33 .._........... _ 0.623 ......... .._............ ..... 3.843 65.150 .......,.................... ...... ...._ 4.900 0.225 _._._.... _._. . 8268 ..........._._.................... ........ _ 2.00 __................ _... 2.450 800.0 1636.6 .........-._.,.._.,................... 1674.18 .............................._._. 0.615 .._..._.._............................. 4.458 64.925 4.675 0.225 .._.._._.._..._..........._......... ... 7296 .... ._.......__.__.._... 2.00 2.338 800.0 1561.5 ... ._._........... 1599.03 .-...... 0.608 .._.._.......... _..... ........_.._.. 5.066 64.700 4.450 0.225 6383 2.00 2.225 800.0 1486.3 1523.88 0.599 5.665 64.475 _ 4.225 0.225 5528 _ 2.00 2.113 800.0 1411.2 1448.73 0.590 6.255 64.250 4.000 _ _.___ __ 0.225 ___.._._ _ _ 4733 ___.. __ __ _ _ _ _._.. 2.00 2.000_ _. _ ... ? . .. 800.0 1336.0 1373.58 0.579 6.835 _ 64.025 3.775 0.225 3995 2.00 . . ...._-_. 1.888 800.0 1260.9 _.-.__........ __ 129 .... 8.43 _.__._.._......... _ ...... 0.568 _ _ 7.402 63.800 3.550 __....._._ _.. 0.225 .__ _._. _,...._....._._._.... 3317 ...._.._.....__............._.... 2.00 1.775 800.0 1185.7 1223.28 0.555 7.957 63.575 .......... ...... .... ....................... 3.325 ....._.. _. . ......._........ 0.225 ................_.................................... 2697 ........_........._........._.-......_....._._._._ 2.00 _.._..............__............__.._.__ 1.663 800.0 1110.6 _._....._....._.._....... 1148.13 .............................._..._._. 0.540 .._......._.__................. 8.497 63.350 ........................ ............. ..... 3 1 0 0 ..... ._____..._....... ............ 0225 ...... _.... _..... ................. ......_............ . .._., 2136 ........._...._._.._......_....__... ......... . 2.00 _ ..................... .,........,... 1.550 800.0 1035.4 ....._.,........,..,....... 1072.98 .........,.........................._........ 0.523 ......-........... ......................... 9.020 63.125 .......... .-.,..................._........._......_..._ 2.875 ...._._._..._.......... ..._.__,._, 0.225 .... ._...... __................ _..... ._......... . . 1633 ..._........ ._.._ 2.00 ._................... .........._ 1.438 800.0 960.3 ..... ........ _............................... 997.83 ....... _....... ....... _................ 0.504 _...... ...... .... ...... _.._...... . 9.524 62.900 2.650 0.225 1189 2.00 -,_._.._.... ...... _......... ... 1.325 800.0 885.1 ._---- ._..... __....... .......... 922.68 ...... ....... ......._._....._._. 0.481 .. -- .._.._._,._.... 10.005 62.675 2.425 0.225 804 2.00 1.213 800.0 810.0 847.53 0.455 10.459 ----- 62.450 ----- - --- 2.200 --- 0.225 ---------------- 477 ..._ .....__... _....__ _,.._ 2.00 1.100 800.0 734.8 772.38 0.423 10.882 62.000 1.750 0.000 0 _ .00 --------------- 0.875 800.0 584.5 ------------ 659.65 ------------ 0.724 ------------ 11.606 .. ........... _- POND TREATMENT VOLUME RECOVERS IN: 11.6 HOURS ORIGINAL NOTE: A SAFETY FACTOR OF "2" IS APPLIED TO "K" RECEIVED 2'7 2006 r: 0 4A NKING DEPARTMENT CiTy OF C! EARWATER 4 Weir Calculations Q existing C existing i A 4.115693415 0.4467267 3.7 2.49 Width of weir (ft) Weir factor 1.08 312 Q 1.222 3 1.122368923 4.115693415 Width of weir (inches) 14.7 5 Elevation of weir Area Avg. Area Volume Acc. Vol. Trt. Vol. Weir Elevation (Ac) (Ac) (Ac-Ft) (Ac-Ft) (Ac-Ft) Elevation 62.00 0.0184 0.00000 0.0347 0.0694 64.00 0.0510 0.06940 0.0618 0.0618 0.1036 64.55 65.00 0.0726 0.13120 0.1053 0.15795 66.50 0.1380 0.28915 Calculated Weir Elevation: 64.55 Ft ORIGINAL 7ECEIVED 2 7 2006 w TANNING DEPARTMENT CITY OF CLEARWATER 0 I • l e 0 0 Tree Inventory Duncan Office Building Clearwater, Florida July 26, 2006 Prepared by: Alan Mayberry, Consulting Arborist For: Keith Zayac & Associates Inc. The following report is submitted by Alan Mayberry, Consulting Arborist, and includes findings that I believe are accurate based on my education, experience and knowledge in the field of Arboriculture. I have no interest personally or financially in this property and my report is factual and unbiased. This report is the property of Keith Zayac & Associates Inc., and will not be given to other entities unless so directed. Tree Canopy Analysis and Preservation Strategies The subject property is an existing commercial site supporting trees that have for the most part been planted in landscape buffers and islands to satisfy previous landscape code requirements. The dominant species is the live oak (Quercus virginiana). The live oak is typically compatible with parking lot environments however preservation opportunities here are minimal due to very small buffer strips and the presence of retaining walls and overhead utility wires that will prohibit future growth. There are a few noteworthy trees located on the east portion of the property that presently have a sufficient rooting area to sustain future growth and these trees warrant preservation if the site plan can be modified to afford sufficient space for future rooting area and crown spread. The only other opportunity for preservation exists in a few palms that can be preserved in place or transplanted on site. The following tree inventory will identify each tree by its size, specie and overall condition with accompanying notes justifying the condition rating. The attached site plan will indicate the location of the tree on the site by the number on the plan that corresponds to the number in the inventory. Tree Inventory Data A tree inventory is a written record of a tree's condition at the time of inspection. It is a valuable tool to prioritize tree maintenance and remove trees with problems that could lead to failure and cause personal injury or property damage. The tree inventory lists four codes and also has a comment section. The following is an explanation of the data used in the inventory: 11- zM W F O o r` oU d' w Oa P? Z LL. ZO 3 U n J 'i A ' 0 a Tree# - location - Each tree is assigned a number for reference in the inventory that corresponds with a number on the site plan that identifies the location of the tree in the field. Size - Tree size is a measure of the tree's trunk diameter measured at 4.5' above grade. If there is a fork in the trunk at that point the diameter is measured at the narrowest area below the fork. Palm species are measured in feet of clear trunk (C.T.). Species - Each tree is listed by its common and botanical name the first time it is listed in the inventory. For simplicity the tree is listed by its common name thereafter. Condition Rating - The condition rating is an assessment of the tree's overall structural strength and systemic health. Elements of structure include: 1) the presence of cavities, decayed wood, split, cracked, rubbing branches etc., 2) branch arrangements and attachments, i.e., well spaced vs. several branches emanating from the same area on the trunk, codominant stems vs. single leader trunk, presence of branch collars vs. included bark. Elements of systemic health relate to the tree's overall energy system measured by net photosynthesis (food made) vs. respiration (food used). A tree with good systemic health will have a vascular system that moves water, nutrients and photosynthate around the tree as needed. Indicators of a healthy systemic system used in the overall condition rating include: 1) live crown ratio (the amount of live crown a tree has relative to its mass), 2) crown density (density of the foliage), 3) tip growth (shoot elongation is a sign that the tree is making and storing energy. The overall condition rating also takes into consideration the species, appearance and any unique features. The rating scale is 0-6 with 0 being a dead tree and 6 a specimen. Increments of 0.5 are used to increase accuracy. Examples of the tree rating system are as follows: 0- A dead tree 1- A tree that is dying, severely declining, hazardous, harboring a communicable disease or a tree designated by the State of Florida's Exotic Pest Plant Council as a category #1 ecological pest i.e., Brazilian pepper tree (Schinus terebinthifolius). A tree with a rating of 1 should be removed as it is beyond treatment and is a threat to cause personal injury or property damage. 2 - A tree exhibiting serious structural defects such as codominant stems with included bark at or near the base, large cavities, large areas of decayed wood, crown dieback, cracked/split scaffold branches etc. In addition, a tree with health issues such as low Z cti energy, low live crown ratio, serious disease or insect problems, nutritional deficiencies co or soil pH problems. A tree with a rating of #2 should be removed unless the problem(s) o o 3 can be treated. A tree with a #2 condition rating will typically require a considerable _ amount of maintenance to qualify for an upgrade of the condition rating. V C'I U O ?p ?- 3- A tree with average structure and systemic health and with problems that can be corrected with moderate maintenance. A tree with a codominant stem not in the basal area that will be subordinated or cabled and braced or a codominant stem that will soon have included bark can be included as a #3. A tree with a rating of #3 has average appearance, crown density and live crown ratio and should be preserved if possible. 4- A tree with a rating of 4 has good structure and systemic health with minor problems that can be easily corrected with minor maintenance. The tree should have an attractive appearance and be essentially free of any debilitating disease or insect problem. The tree should also have above average crown density and live crown ratio. Mature trees exhibiting scars, old wounds, small cavities or other problems that are not debilitating can be included in this group particularly if they possess unique form or other aesthetic amenities relating to their age. A tree with a rating of 4 is valuable to the property and should be preserved. 5 - A tree with very high live crown ratio and exceptional structure and systemic health and virtually free of insect or disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptional aesthetic amenities. A tree in this category should be of a species that possesses characteristics inherent to longevity and withstanding construction impacts. A tree with a #5 rating lends considerable value to the site and should be incorporated into the site design. A tree with a #5 rating is worthy of significant site plan modification to ensure its preservation. 6 - A specimen tree. A specimen tree is a tree that possesses a combination of superior qualities in regards to systemic health, structural strength, crown density, live crown ratio, form (balanced crown), overall aesthetic appeal, size, species, age and uniqueness. A great effort should be made to preserve a specimen tree including shifting structures that would adversely impact the tree. In addition, a specimen tree should have an undisturbed area equal to its dripline (equal to the branch spread) to grow in. Only an experienced and competent International Society of Arboriculture (I.S.A.) Certified Arborist should be allowed work on a specimen tree. Comments: The comment section serves to note observations relative to the tree but not covered in the inventory data or expands on information in the inventory data. It may include maintenance recommendations to improve the tree's overall condition rating. It may also have recommendations on whether to remove or preserve a tree. NOTE: A tree inventory is typically valid for 3-5 years. However, events such as drought, lightning, mechanical root damage, freeze, improper maintenance and severe storms can downgrade the rating value of a tree. Conversely, remedial maintenance can upgrade the value. If you suspect that a tree has been adversely affected, have the tree inspected by a qualified International Society of Arboriculture (ISA) Certified Arborist. ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER • • Note: Whenever possible it is advised to adhere to inventory recommendations when selecting trees to be preserved. For example, trees rated 4.0 and higher should be preserved if at all possible, while trees rated 2.0 and lower should be removed unless otherwise noted in the inventory. Trees rated 2.5 are generally recommended for removal unless remedial work is performed to upgrade them. Trees rated 3.0 and 3.5 are average trees that have good potential and warrant serious consideration for preservation but not to the extent that site plan modifications are necessary. This tree inventory was conducted July 26, 2006. Per City of Clearwater requirements the inventory will provide specific information in the comments section as justification for the rating of each tree with an overall condition rating of 2.5 or less. Trees with a rating of 3.0 or higher are considered worthy of preservation if site design permits. Tree Inventory Tree # Size Species Rating NOTE: Trees preceded with an asterisk are located off-site but are included in the inventory per City of Clearwater code requirements for trees whose driplines enter the boundaries of the proposed site development. Trees in this category will be rated for overall condition but will not have supporting justification in the comments section. NOTE: Trees # 1, 2, 3 & 4 have an overhead utility wire located approximately 5' to the west that will cause the trees to be one-sided in the future due to line clearance pruning. 7" live oak (Quercus virginiana) 2.5 Comments: The trunk of this tree forms codominant scaffold branches 6' above grade with 4" of included bark in the crotch and is downgraded due to poor structure. 2. 4" live oak 2.5 Comments: The trunk of this tree forms codominant scaffold branches 6' above grade that will be included in the near future. Consequently the tree is downgraded due to poor structure. 3. 7" live oak 3.0 Comments: This tree has good structure with average form that will improve when a nearby Brazilian pepper tree is removed. 4. 9" laurel oak (Quercus laurifolia) 2.5 ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER . "V . ! • Comments: This tree is downgraded due to poor form and structure. The tree is one-sided to the east because of a cluster of palms that are in competition with this tree. It also has a codominant trunk 6' above grade with included bark. 5. *24" live oak 3.0 6. * 12" laurel oak 2.0 7. 4" laurel oak 2.0 Comments: This tree is downgraded due to extremely poor from. The trunk is bent at a 90 degree angle 5' above grade as it is growing beneath the canopies of trees #5 & 6. The canopy is growing over the existing parking lot. The trunk of this tree is growing 14" from the existing curb and would eventually uplift the curb and parking area. Recommend removal. 8. 5" live oak 3.0 9. 6" laurel oak 2.5 Comments: This tree has very poor form as it is growing beneath the canopy of tree 410 and has a restricted and irregular crown. In addition, it is growing too close to the curb. Recommend removal. 10. * 18" live oak 3.5 11. 5" East Palatka holly (Ilex x attenuata) 2.5 Comments: This tree is downgraded because it is infected with the fungus disease Sphaeropsis gall. Although the infection is minor at this time the disease is terminal. 12. *24" live oak 3.5 13. 5" live oak 3.0 14. * 15" laurel oak 3.0 NOTE: The site plan shows 4 palms existing between trees #14 & 15, but they have less than 10' of clear trunk and are not protected by City code. 15. 12" live oak 3.0 NOTE: Tree #16 is either located on the property line or just off the line to the west. 16. 10' C.T. sabal palm (Sabal palmetto) 3.5 ORIGINAL RECEIVED L1,T 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 17. 9" live oak 3.5 18. 8" laurel oak 3.0 19. 10" laurel oak 2.5 Comments: This tree has two scaffold branches in the upper crown that are codominant and the tree is downgraded due to poor structure. The original leader was removed from this tree and the codominant branches are epicormic growth. Recommend removal. 20. 11" laurel oak 2.0 Comments: This tree was previously topped and the crown is comprised of epicormic growth. In addition, the tree has several flush cuts resulting in trunk cankers. Recommend removal. 21. 13" live oak 3.0 22. 24" live oak 3.0 Comments: This tree would be rated higher but it has deadwood directly over center in the top of the crown most likely due to storm damage. However, the tree will evolve into a good tree if preserved and maintained properly. 23. 11" live oak 3.0 24. 13" live oak 3.0 25. 7" live oak 3.0 26. 20' C. T. Washington palm (Washingtonia robusta) 4.5 Comments: This palm should be preserved or transplanted. 27. 8" live oak 3.0 28. 7" live oak 3.0 29. 5" live oak 2.5 Comments: This tree is downgraded due to codominant scaffold branches 9' above grade. However, this situation could be easily remedied through structural pruning if the tree is preserved. The tree is healthy, good form and has very good live crown ratio. ORIGINAL 30. 24" live oak 4.0 RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Comments: This is the best tree on the site and should be preserved if possible. 31. 20' C.T. Washington palm 3.5 Comments: This palm is growing on the right of way of Plumosa Avenue and as such is owned by the City of Clearwater. 32. 17" live oak 3.5 33. 18" live oak 3.5 34. 10' C.T. sabal palm 3.5 35. 14' C.T. sabal palm 3.0 36. 22" live oak 3.5 37. 7" Japanese yew (Podocarpus macrophyllus) 2.0 Comments: This tree has been maintained as a shrub and consequently lacks good tree form and structure. Recommend removal. 38. 21" live oak 3.0 39. 15" live oak 3.5 NOTE: Trees #40, 41 & 42 were missed on the tree survey and are write-ins. 40. 5" live oak 3.5 41. 5" live oak 3.5 42. 5" live oak 3.0 NOTE: There is a row of punk trees (Melaleuca quinquenervia) either on or just adjacent to the property line between trees 443 - 49. These trees are not inventoried individually as they are not protected by the provisions of City code. If they are on the subject property they will have to be removed per State of Florida statutes relative to removal of category one pest plants during new development. If they are off the property line tree protection measures should be incorporated during site development to ensure that the trees are not impacted to the extent that they could fail and cause personal injury or property damage. 43. 4" live oak 3.0 ORIGINAL RECEIVED 44. 6" live oak 3.0 OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER f 4'. +r 9 0 45. 6" live oak 3.0 46. 5' live oak 2.5 Comments: This tree is downgraded due to below average structure: The trunk forms two scaffold branches that are codominant. They are not included at this time but will be in the near future. The codominant situation could be mitigated through structural pruning if the tree is preserved. 47. 14" water oak (Quercus nigra) 2.5 Comments: This tree forms an unequal codominant trunk 4' above grade that has a slight bark inclusion in the crotch. The tree forms a second codominant in the scaffold branches 12' above grade. Consequently the tree is downgraded due to poor overall structure. Recommend removal. 48. 6" cherry laurel (Prunus caroliniana) 1.0 Comments: This tree has a cavity with progressive decay on the back of the trunk 3' above grade that will lead to failure. Recommend removal. 49. 8" cherry laurel 2.0 Comments: This tree forms a codominant trunk 4' above grade. The tree has overall poor form. Recommend removal due to poor form and structure. 50. 4" live oak 2.5 Comments: This tree is downgraded due to poor structure in the form of codominant scaffold branches 6' above grade. In addition, the tree has poor form. This tree will improve if preserved and maintained properly, otherwise recommend removal. 51. 4" live oak 3.5 52. 6" live oak 3.0 53. 6" live oak 3.0 NOTE: Trees #54 - 62 are growing within 2' of a 4' high retaining wall and will not be able to establish adequate support roots which will predispose these trees to future failure. They will be rated per their present condition but should all be removed and replaced with accent trees. In addition, there is a rack of overhead utility wires along the south property line and adjacent to these trees that will cause them to be one-sided in the future. ORIGINAL 54. 7" live oak 2.5 RECEIVED :ACT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Comments: This tree develops codominant scaffold branches 6' above grade that are slightly included. The form and live crown ratio are average. Recommend removal due to poor structure. 55. 7" laurel oak 2.5 Comments: This tree has average form and good live crown ratio but is downgraded due to poor structure. The tree has flush cuts that will result in internal decay. Recommend removal. 56. 6" live oak 2.5 Comments: This tree forms three scaffold branches that are all codominant. Recommend removal due to poor structure. 57. 6" live oak 3.5 NOTE: Tree #58 was missed by the tree survey and is a write-in. 58. 4" East Palatka holly 1.5 Comments: This tree is infected with the terminal fungus disease Sphaeropsis gall and should be removed. 59. 6" live oak 2.5 Comments: This tree has four flush cuts on the trunk that will coalesce and cause internal decay resulting in structural weakness in the trunk. Recommend removal. 60. 6" live oak 2.5 Comments: This tree has previously uprooted and does not have an adequate structural root system for support. This situation is exacerbated by the presence of the retaining wall referenced in the previous field note. Recommend removal. 61. 7" live oak 3.0 62. 5" live oak 3.0 63. 5" live oak Comments: This tree has previously uprooted and has some dieback in the crown, however, it will improve if preserved and maintained properly. 64. * 19" live oak 3.5 2.5 ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATF" 0 6 Gulf Coast Consulting, Inc. Land Development Consulting • Engineering • Planning • Transportation • Permitting ICOT Center 13825 ICOT Boulevard, Suite 605 Clearwater, FL 33760 Phone: (727) 524-1818 Fax: (727) 524-6090 July 27, 2006 Mr. Keith Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FL 34695 Re: West Marine Site Expansion - Traffic Impact Study & Parking Study Dear Mr. Zayac Please find enclosed three (3) copies of the Traffic Impact Study / Parking Study for the above-referenced project based on 22,050 s.f. of office space. Please submit two copies and the CD containing- the HCS files to the City of Clearwater with your application package. Please contact me if you have any questions. Sincerely Robert Pergolizzi, MCP F, Cc: Abdi Boozar, PBP Clearwater, LLC 06-051 ORIGINAL RECEIVED JUL 2 8 2006 PLANNING DEPARTMENT CITY OF CLEARWATER It: 20.04273801 BK: 13688 PG: 576, r-'.07 at 11:49 AM, RECORDING 3 PAC 27.PU D D,OC 'STAMP COLLECTION $1OG LEEN F. DE BLAn R, CLERK OF C INEfLA- COUNTY, FL BY DEPUTY CLERK: u._KDU03 0 DS /3, 3a 2.. oa f' PREPARED BY AND RET,6i.' ;70: Emil G. Prat.esi., Es'gU,`re Richards, Gilkey,;•'F, e,; Slaughter, Pratesi &. Ward, P F ;?. 1253 Park Street.; Clearwater, Florida 33756 I SPECIAL) WARRANTY DEED t'}iIS INDENTURE, made this Is" day of July, 2004, Between THE PFi>?.,'f30YS - MANNY, MOE & JACK, a Pennsylvania corporation, whose adelress is `3.111 West Allegheny Avenue, Philadelphia,. PA 19132, Gran.bbrand PBP OF CLEARWATER, LLC, a Florida limited liability Company, whose address is 200 9th Avenue North, Safety Harbor, F1°orida 33495, Grantee*, WITNESSETH, That said Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, conveys to the said.Grantee, and Grantee's heirs and assigns forever, the following described 'land, situate, lying and being in 'Pinellas County, Florida, to-wit: See Attached Exhibit "A" Property Address: 1.721 Gulf to Bay Boulevard, City of Clearwater, FL 33757 Tax Parcel. Identification No.: i4/29/15/85968/000/0010 SUBJECT TO covenants, conditions, easements and restrictions of record; a.l.l. applicable zoning regulations and restrictions; and subject to taxes for the year.2004 and subsequent years. and said Grantor hereby fully warrants that the title to said land is free from all encumbrances made by Grantor, and will defend the same against :the lawful claims of all persons claiming by, through, or under Grantor, but against none other. ' "Grantor." and "Grantee" are used for singular or plural, as context requires. IN WITNE:>S WHEREOF, Grantor has hereunto set grantor's hand and seal. the day and year first above written. Signed, sealed'and delivered in o u r c;e : 4 Nar ame : _ - -- THE PEES BOYS _ MANNY, MOE & JACK, a e sy nia corporation By: B an, 2 kerman 'vice P s' Ie?nft? By:WVvI -? Ellen S. Frank Assistant Secretary yg MANNy SEAL CL; n, ORIGINAL RECEIVED GCT 2'7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER LNELLAS COUNTY FL OFF,. REC. BK 13688 PC 577 ' t STATE OC PENNSYLVkN,1A% COUNTY OF PHILADCL}?kf h'- I HEREB' CERTIFY that on this day personally appeared before me, an of.f=c;e;r`•dul,y' authorized to take acknowledgements, Brian D. Zuckerman aid E`1en S. Frank as Vice President and Assistant Secretary oft;Th'p' Pep Boys - Manny, Moe & Jack, a' Pennsylvania corporationr.,,',w? b are personally known to me, and they are the person.s d?scz"bed in and who executed the foregoing Special Warranty and the/ acknowledged then and there before me that they ex?cyted the same as such officers on behalf of said corpo.rati•bn.?'for the purpo$es therein expressed; and that the said Specia'J)"Warranty Deed is the act and deed of said corporation. ESS my hand and official seal this lst day of July, 2004. Notary Public My Commission expires: Notarfal Seal Celherine H. Ir?lesby, Notary Pudgy Clty o(Philadelphie, Phlladelphla Coonty My Commissbn E?Iree May 12, 2005 I Me'nbar, PorrtryNania nssedeGm of NO<nrioe ORIGINAL RECEIVED OCT 2 7 2006 PLANNING DEPARTIv Ew, CITY OF CLEARWATLar 2 i X y DEPARTMENT., OF 1HE TREASURY INTERNA°L`REVENUE SERVICE HOLTSV,fL`LE NY 11742-9003 000557.14.4502.0004.001 1 AB 0.301 705 .1N:. P B P OF CLEARWATE.R LLC t _ BOOZAR-JOFIEHRI ABDI R SOLE MBR 200 9TH AVE N STE 200 SAFETY HARBOR FL 34695 )00557 Da:te:;,of'this notice: 07-08-2004 Employer Identification Number: 02-0]725545 Form: SS-4 Number of this notice: CP 575 E For assistance you may call us at- 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMB:ER Thank you for applying for an Employer. I.dentification.Number (EIN). We assigned) you EIN 02-0725545. This EIN will identify your business, .acc,ount, tax returns, and documents even if you have no employees. Please keep this notice in yaur• permanent. records. When filing tax documents, please use the label IRS provided. If= that isn't possible, you should use your EIN and complete name and address shown above on all federal tax forms, payments and related correspondence. If this informer-lion isn't correct,' please correct it using the tear off stub from this notice. Return it to us so we can correct your account. If you use any variation of your name or EIN, it- may cause a delay in processing and may result in incorrect information in your account. It also could cause you to be assigned more than one EIN. I-f yod want to apply to receive a ruling or a determination letter recognizing yaur organization as tax exempt, and have not already done so, you should file Fora, 1023/1024, Application for Recognition of Exemption, with the IRS Ohio Key District Office. Publication 557, Tax Exempt Status for Your Organization, is available at most IRS offices and has details on how you can apply . IMPORTANT REMINDERS: x. Keep a copy of this notice in your permanent records. X Use this EIN and your name exactly as they appear above on all your federal tax forms. Refer to this EIN on your tax related correspondence and documents. Thank you for your cooperation, ORIGINAL RECEIVED OCT 2 "7 2006 PLANNING DEPARIMENT CITY OF CLEARWATER ta te of it Or lba I certify from the records of this office that P B P OF CLEARWATER, LLC; is a limited liability company organized under the laws of the State of Florida, filed on June 22, 2004 The document number of this company is L04000046800.- I further certify that said company has paid all fees due this office through. December 31, 2006, and its status is active. Given under: my.hand and the Great Seal of the'State of Florida at Tallahassee, the Capitol, this the Twelfth day of April, 2006 ORIGINAL RECENED OCT 2'7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER etrx? nfPCStr:rt.e ?DP, artnipnZ of Matt CR2EO22 (01-06) Septa 7/28/2006 Receipt #: 1200600000000007682 10:18:39AM Date: 07/28/2006 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2006-07044 04 Flexible Commercial 010-341262 1,205.00 Line Item Total: $1,205.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check 05 Z ?- Z_ ? ^i r M ra > OU m Z y p C" fl -4 M PBP OF CLWR LLC R_D 1053 In Person 1,205.00 Payment Total: $1,205 THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Page 1 of 1 0 cReceipt.rpt cp- I lll?A 0 0 F I LD2006-07044 1721 GULF TO BAY BLVD DUNCAN OFFICE PLANNER OF RECORD: WW ATLAS # 297B ZONING: C LAND USE: CG RECEIVED: INCOMPLETE: COMPLETE: MAPS: 07/28/2006 PHOTOS: STAFF REPORT: DRC : CDB: CLW CoverSheet 0 0 FLD2006-07044 1721 GULF TO BAY BLVD Date Received: 07/28/2006 DUNCAN OFFICE ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 297B PLANNER OF RECORD: WW ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER CLWCoverSheet JAN 2A 2008 2:54PM HP LRSERJET 3200 PCTI Pilot Contraction Technology, Inc. CCCO45466 FACSIMILE TRANSMITTAL COVER SHEET Total Number of Pages Including Cover Sheet Date: d Subject Qum L6 }C??cel ?•?k?'?I.-?1[i ?!'??D'7-/o 33 To: fx- ? Company: L`•al7r?./L ??'? 5 Telephone: Fax: From: &,PI s44 z-*^- Pilot Construction Technology, Inc. 685 Main Street, Suite A Safety Harbor, Florida 34695 Telephone: 727-725-2550 Fax: 727-725-2317 e-mail: pcti@pilotconstruction.oom If this transmission is not received in Its endretyor is illegible, please conW us immediately. The information contained M this facsimile is privileged and confidential intended only for the use of the individual or entity named above. N the reader of this message Is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication Is strictly prohibited. If you have received the communication in error, please immediately notify us by telephone and return the original message to u6 at the above address via the U.S. Postal Service. Thank you. P.1 JAM, 24 2008 2:54PM HP LRSERJET 3200 PCTI Pilot Construction Technology, Inc. CGCO45466 January 24, 2008 Via Facsimile to 727.562.41365 Wayne M. Wells, AICP Planning Department City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Re: Development Order - Case FLO 2006.07044 Permit Application - Case BCP 200740359 Duncan Executive Building 1721 Gulf to Bay Blvd. Dear Mr. Wells: In response to your updated comments of January 22, 2008 regarding the easement on the subject property, we have investigated the original easement as recorded on the Survey. Attached please see the Special Warranty Deed recorded in OR Hook 4193, Pages 1238 and 1239 of the Pinellas County Records. Also attached is a copy of the vacation of the easement recorded In OR Book 15854, Pages 1176 through 1179. We are unable to locate any other legal instrument prior to this date. We have also put in a call to Steve Doherty to discuss this issue with him. If there is anything further that we can do to resolve the oomments, please let us know as soon as possible. Truly yours, Pil onstru o Technology, Inc. Abdi R. 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Pr.fid.el . i+fro+oNw4 d'i'99z P!4lQl'U!t6 LA7tnjsURMM NR' untMe Iwo d ow of Pfaar?ri?+ud?°Id fsf iao?a lv,bt On pfefoaMAMIm a .W-lo .- '• bosb?oi?pM ss arabdba?s? and to?rallly tabof??frd4rd• f? ?., em m omit 06d M POO fQioarf da do *a od ruw jpvw? hot 1 IW doll" •. 9??? rld dMM at*" P; o+? ??•? hf°d f? r Mllrw?-rV f!? ffd adWd and yew ifft finerfrlil. • ?, _ • _ • :aid COfraa ` Iy ecamw9an t bum Now • .!S • t• •° .? i.. IL 2w o"m JAIL 24 2008 2:55PM HP LASERJET 3200 • • 1M: 2007211248 BK: 15854 PG: 1176, 06/22/2007 at'01:08 PM, RECORDING 4 PAGES $35.50 KEN MM, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLMDM03 a ' Prepared by: Evil G. Prate4 v j Richards, Gi??cay4'ite Pratesi i M1??'?•A- 1253 Park SAr , Slaughter, ? f I VAGA'PIOti AND 11t0IM11 CK or MMUM r ?1Tpe undersigned parties, being the respective Owners rthk Properties described in Exhibit "A" attached hereto, l_¢3`perties") being the benefited property and parties to ttr certain Easement refoxamced in Official Records Book I`43, Page 1238 of the Public Records of Pinellas County, r~'~' orida ("Easement") for value received, the receipt of ,.' which is hereby acknowledged, do hereby agree as follows: 1. The Easement is not needed or required to serve the Properties intended to be benefited by the Easement and i•, tf the Parties, for themselves, their successors and assigns 4a`?l•..r do hereby terminate and vacate the Easement effective as of the date hereof. 2. This Vacation and Termination of Easement is effective on the date of the full execution hereof. •??,r 3. This Vacation and Termination of Easement is binding upon the parties hereto, their successors and assigns. IN WITNESS NHEREOF the undersigned have executed this Vacation and ermination of Easement effe as of the day of oa L -_-- -' 2001. PBP OF WAT , LLC, a Flori ed iability Compa y r Name: /?,?? By: A. H sar Jgmehrl N ?rbQat wlAltVObd't Its e H er me: -M124 Ne :A&ddlGAw4fWoOt- p.5 JAN 24 2008 2:56PM HP LASERJET 3200 P.6 pINNELLA$ COUNTY FL OpF. REC. BK 15854 pa 1177 5 RI C52, LLC, a slaware `?• Limited L I abi ty `t1 j J Cowspy - Az '.a 9y: ^-yy ie--- Its: execusaric-0 Preaw, Pordollo thnagemerd -I. F ? 1.*y 11? OF OAAA-0- ^. ?" 2 HEREBY CERTIFY that on this day personally appeared '?. ord me, an officer duly authorized to take a Wccknowledgemants, ABDI R. BOOZRR-JOmMI as the sole member pap of Clearwater, LLC, a Florida limited liability company, who is personally known to as or who has produced ?•. as identification, end he is the person described in and who executed the foregoing Vacation and Termination and he acknowledged than and there before me that he executed the same aa' such member on behalf of said limited liability company for the purposes therein expressed; and that the said Vacation and Termination is the act and deed of said limited liability company. WITNESS my hand and official seal this J_ day of jgge d --, 2007. Mary KOHOW0901 COmmWft*DD518986 Exp{? m" 6, 2010 (Do -- -- waaam STATE or -Lba4.aA COUNTY OF N Na Notary Public Coimeission No. my commission expires: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorised to take acknowledgments, ABDI R. SOOZAR-JOMMHRI as managing memaber of DONCAN OFFICES, LLC, a @lorida limited liability company, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Vacation and Termination and he acknowledged then and there before me that he executed the same as such member on behalf of said limited liability company for the purposes therein expressed; and that the said Vacation and Termination is the act and deed of said limited liability company. WITNESS my hand and official seal this Li day of rj Y IV it , 2007. 0., Mary K?narvogQi 1k DD618988 March 8.2010 wComission?wn.,rw•wa.?e.«e?aoaK•m+s AL" N Notary Public coamission No. MY Commission expires: JAN 24 2008 2:57PM HP LHSERJET 3200 PINELLAS COUNTY FL OFF. REC. BK 15854 PG 1178 CALIFORNIA ALL-PU? ACKNOWLEDGMENT State of Callornia ' jT i0 County of 5310 Ont. O§ 1-11 ?: 'I?iefore rne, 1?!1ayr'zl ?1oi?6 ?tatzu'll )b11C, ;' P1ic.ha? ?Ii? personally a ? ®'personally wtown to the U (or proved to me on the basis of salisfaotory evidence) to be the person whose nerneo Wm estr wnbed to tits witNn Instrument and adcrtowiedged to me that he%hartltey executed the same In hisArerAtteir aui wbW N i capsdttr(iee}, and that by hWwd#wW signature on the ,- Csasnmtrlon 0164M instrument the penw(o, or the entity upon behalf of tralailr N,bfc . Cerbatio which the peesort(s'/acted, errsrxtted the irtswmertt lion ewp COLN* WITNESS my hand and official seal. Pro. Nosy OW AbM gyre OP77ONAL ft i db`ur"er? ThOfDf' pre r , wW marad r'of ' lsan , doc?um nerG Descripaan of Athatrsd DoouUWd Title or lype of Document Document Data: Number of Pages: Signer(s) C±ihwThan NamedAb": Cspsafty(ies) Claimed by Signer(s) Sfpn e$ Name: ? Individual O Corporate Officer - Title(s): • Parfier --- ? Umited t] General 0 Attorney in Fact 7ft Henn ? Trustee ? Guarctian or Ccrmservator O Other: Sint Is Representing: Signers tame: ? individual 0 Corporate ofter - Title(s): 0 Partner--O Umitad 0 General ? Attorney In Fact mumr tin E3 RMUG 0 Guardian or Conservator 0 Other. Stner is Represenow. p.7 02=1' b Mary AwocjW e • 00!00@ SW AYE.. Ra 80 COQ • C CA SIM34 a! Mo "& s90 VM IMadw CA TA~ 140047~ JAN ?4 2008 2:57PM HP LASERJET 3200 P.8 • PINELLAS COUNTY FL OFF. REC. BK 15854 PQ 1179 ; tt 1, ? 1 ?ePl f f• .4 ? i w? iso aarhrn.a •s ;.asrc??T oar earaa: ?r ar seuua e??vn<nn..aaa ? r uK .?etq?i8a?c:R?'.r•?a?€?•ne??arr?.u.ce?c?Aa? 4i v Ptlt. -2c iarMon of the following described parent parcel: `•`he north 342.0 feet of TRACT "A", a REPLAT OF BLOCK "D" of SUBURB <<4., ;BEAUTIFUL,. as recorded in Plat Book 19, Page 100, of the Public Records of Pinellas County, Florida. LESS the North 150.0 feet of the West 150.0 feet thereof; AND AI:SO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said "TRACT All, thence along the westerly line of said TRACT "A", S 02° 30'0011 1a distance of 150:14 feet; thence departing said westerly line, N 90 ° 00' 00" E, a distance of 150.14 feet to the POINT OF BEGINNING; thence along the Westerly boundary of the above described parent parcel, N 020 3010011 W, a distance of 150.14 !feet to a point on the.Northerly line of said TRACT "A"; thence along said Northerly line, N 900 00100" E, for a distance of 281.98 feet to the Northeast corner of said TRACT "A"; thence along the Easterly line of said TRACT "A", S 02° 30' 00" E, a distance of 342.33 feet to a point on the southerly boundary of the above described parent parcel; thence along said Southerly boundary the following three (3) courses; (1) S 900 00' 00" w, 150.00 feet; (2) N 020 30' QO" W, 60.06 feet; (3) S 90° 00' 00" W, 43.97 feet; thence departing said Southerly boundary, N 026 30' 00" W, a distance of 132.13 feet; thence S 90° 00100" W, a distance of 88.01 feet back to the POINT OF BEGINNING. PBP of Clearwater, Lt September 5, 2007 Wayne M. Wells, AICP Planning Department City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Re: Development Order - Case FLD 2006-07044 1721 Gulf to Bay Boulevard Dear Mr. Wells: r? Per your request, enclosed please see a copy of the originally recorded Declaration of Covenants, Restrictions and Easements of PBP of Clearwater, LLC for the subject property for your records. Thank you for your assistance with this project. please do not hesitate to call me at 727-725-2550. 685 Main Street, Suite A • Safety Harbor • Florida • 34695 • 727-725-2550 • Fax 727-725-2317 cc: cmn rraiesi Keith Zayak This document prepared by and should be returned to: Emil G. Pratesi, Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward P.A. KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA 1253 Park Street INST# 2007292009 09/04/2007 at 03:32 PM Clearwater, Florida 33756 OFF REC BK: 15963 PG: 1006-1033 DocType:RST RECORDING: $239.50 DECLARATION OF COVENANTS. RESTRICTIONS AND EASEMENTS OF PBP/DUNCAN THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made and entered into as of this 2U Aday of ¢\-U V S`j- , 20P7 by P B P OF CLEARWATER, LLC, a Florida limited liability company (th "" eclarant"). RECITALS: A. Declarant is the owner of certain property located in Pinellas County, Florida, as more particularly described in Exhibit "A" attached hereto (the "Property"). B. Declarant intends that the Property be developed. (the "Project"). C. The Project, as currently contemplated, is shown on the site plan attached to this Declaration as Exhibit "B" (defined in Section 1.1 below as the "Site Plan"). E. Declarant recognizes that for the most efficient development and operation of the Project it is necessary that the development and operation of the Property be integrated in certain respects. F. Declarant by the recordation of this Declaration establishes certain covenants, restrictions and easements with respect to the Project for the benefit of the current and future owners of the Property. ARTICLE I. DEFINITIONS 1.1. Definitions. When used in this Declaration, the following words shall have the respective meanings set out below. (a) "Article(s)" shall mean the Articles of Incorporation of the Association. (b) "Assessment(s)" shall mean the Common Area Assessments and Special Assessments provided for in Article VIII of this Declaration. (c) "Association" shall mean and refer to PBP Property Owners Association, Inc., a Florida non profit corporation, together with its successors, legal representatives and assigns. (d) "Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association. (e) "Building(s)" shall mean the building(s) from time to time existing on each Parcel. (f) "Bylaws" shall mean and refer to the Bylaws of the Association as the same may be amended from time to time. (g) "City" shall mean the City of Clearwater, Florida. (h) "Common Areas and Facilities" shall mean the portions of the Project intended for the nonexclusive common use by the Owners and, to the extent provided for herein, their Permittees. Common Areas and Facilities shall include, without limitation, the following as they may exist from time to time on the Parcels: the roadway and drive aisles as they may exist from time to time on Parcels "A" and "B" which are so designated on the Site Plan, and any other roadways and drive aisles which may from time to time be so designated by the Declarant or the Owners, any common stormwater collection and retention facilities, any common sewer facilities, landscaped areas at entryways, medians and buffers, conservation areas, lighting, common lighting facilities, and any common signs. (i) "Common Area Costs" shall be the reasonable direct costs actually incurred by the Association to fulfill its obligations under this Declaration relative to the operation and maintenance of the Common Areas and Facilities. All Common Area Costs that are considered capital costs or expenditures by generally accepted accounting principles shall be amortized and assessed over their useful lives. 0) "County" shall mean Pinellas County, Florida. (k) "Declarant" shall mean P B P of Clearwater, LLC, a Florida limited liability company, or its successor who is expressly assigned the rights of Declarant under this Declaration by an assignment document executed by the then Declarant, referencing this Declaration and recorded in the Public Records of the County. (1) "Declaration" shall mean this Declaration of Covenants, Restrictions and Easements, as it may from time to time be amended. (m) "Default Interest Rate" shall mean the lesser of (i) five percent (5%) per annum in excess of the "Prime Rate," and (ii) the highest lawful rate. The "Prime Rate" shall mean the "Prime Rate" as published in The Wall Street Journal in its Money Rates Table (or any successor format, whether in print or on-line). If there shall be no such published rate the Board of the Association shall select an alternative method of 2 • f determining the then "Prime Rate" based upon an equivalent rate charged by one or more major U.S. banks. (n) "Drainage System" shall mean all structures including culverts, pipes, and swales required to collect and convey rainfall from the Property to various water management tracts and or related facilities. (o) "Exhibit(s)" shall mean the Exhibit(s) referenced in and attached to this Declaration, all of which are a part of this Declaration. (p) "Member" shall mean a person or entity meeting the criteria and qualifications necessary to be an Owner under this Declaration. (q) "Mortgagee" shall mean the holder of any first mortgage encumbering any Parcel. (r) "Owner" as it relates to any Parcel, shall mean the Person then holding fee simple title to the Parcel. If more than one Person holds fee simple title to the Parcel, all such Persons, collectively, jointly and severally, shall be the Owner of the Parcel. In the event a copy or memorandum of a lease is recorded which provides that the Person holding the leasehold estate as tenant thereunder shall be treated as the Owner under this Declaration, such Person shall be deemed the Owner of the Parcel for the purposes of this Declaration; provided that such designation will not release the Person who would otherwise be the Owner of the Parcel from its obligations under this Declaration in the event of a failure of such tenant to comply with the terms of this Declaration. (s) "Parcel(s)" shall mean, individually or collectively, Parcel "A" and Parcel "B" as more particularly described on Exhibit "C" attached. (t) "Parcel's Proportionate Share" shall mean, with respect to the following Parcels, as follows: Parcel "A" 50% Parcel "B" 50% 100% (u) "Permittees" shall mean the Owners, all Persons from time to time entitled to the use and occupancy of any Parcel under any lease, deed or other arrangement, and their respective officers, directors, employees, agents, contractors, customers, visitors, invitees, licensees, mortgagees in possession, tenants, sub-tenants and concessionaires. (v) "Person(s)" shall mean and include individuals, partnerships, firms, associations, joint ventures, corporations, limited liability companies, limited liability partnerships, and any other form of legal entity having legal capacity. 3 (w) "Prior Restrictions" shall mean those certain restrictions recorded in Official Records Book 4193, Page 1238, of the Public Records of Pinellas County, Florida. (x) "Project" shall mean the project to be developed on the Property, currently contemplated to be developed substantially as shown on the Site Plan. (y) "Property" shall mean the real property described in Exhibit "A" to this Declaration. (z) "Site Plan" shall mean the Site Plan for the Property, a reduced copy of which is attached hereto as Exhibit "B". Declarant retains the sole and absolute right to modify and alter the Site Plan without the consent of any Owner subject to the approval of the City of Clearwater. . (aa) "Surface Water Management System or Facilities" means those areas of the Property designed to control, detain and retain surface waters, and includes but is not limited to, all inlets, ditches, swales, culverts, water control structures, retention and detention ponds, lakes, floodplain compensation areas, wetlands and any associated buffer areas, wetland mitigation areas and other tracts set aside or created for drainage purposes pursuant to the Surface Water Management Permit (the "Permit") issued or to be issued by the Southwest Florida Water Management District ("SWFWMD" or the "District"). ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION The Property shall be held, used, transferred, mortgaged, sold, conveyed, and occupied subject to this Declaration. The covenants, restrictions and easements set out in this Declaration are to run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of Parcels or portions thereof subsequently executed. It is the intent of Declarant that this Declaration, which grants perpetual easements and provides for their use, maintenance and repair, be perpetual in nature, subject, however, to the terms, conditions and provisions of this Declaration. In the event applicable law prohibits a provision or provisions of this Declaration from being enforced in perpetuity, then such provision or provisions shall be enforced for the maximum time period permitted under applicable law and all other provisions of this Declaration, which under applicable law can be perpetual, shall be perpetual. The Property shall also be held, used, transferred, mortgaged, sold, conveyed and occupied subject to the Prior Restrictions. ARTICLE III. CONSTRUCTION OBLIGATIONS 3.1. Common Area Construction. Declarant shall construct, or cause to be constructed, the Common Areas and Facilities shown on the Site Plan subject to Declarants' right to modify and alter the same from time to time as provided for in Article I(z). 4 3.2. General Construction Requirements. Each Owner agrees that any construction work to be undertaken on its Parcel shall be performed (a) so as not to unreasonably interfere with any construction work being performed on the remainder of the Property, and (b) so as not to unreasonably interfere with and minimize disruptions of the access to, use, occupancy and enjoyment of the remainder of the Project, including, without limitation, the Common Areas and Facilities. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be promptly restored and repaired by such Owner, at such Owner's sole cost and expense, to the reasonable satisfaction of the Owner of the affected Parcel or, as to the Common Areas and Facilities. 3.3. Si ns. There exists a Comprehensive Sign Program for the Property whereby all signage for both Parcels will need to be coordinated as to size, materials and color. A new Comprehensive Sign Program for the Property with the city of Clearwater shall be established prior to the issuance of any new certificate of occupancy on the Property. The Owners shall cooperate with each other placing any signage on a Parcel and no Owner shall place any signage on a Parcel which will have an adverse effect on any existing signage on the other Parcel without the prior consent of the other Owner. ARTICLE IV. EASEMENTS 4.1. Easements. Declarant hereby establishes, grants and conveys to and for the benefit of all Owners and their respective Parcels, the following easements: (a) Ingress, Egress and Access Easement. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over and across all roadways and drive aisles as they may exist from time to time on the respective Parcels, for vehicular and pedestrian ingress and egress by the Owners and their respective Permittees. The vehicular drive aisles shall not be materially altered from that shown on the Site Plan so as to obstruct or impair ingress and egress to the other respective Parcels, without the consent of the Owners of all Parcels. (b) Parking. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over an across the parking spaces as they may exist from time to time, on the respective Parcels for the parking of vehicles by such Owner and its respective Permittees. (c) Encroachment. Each Parcel and Owner shall have a nonexclusive perpetual easement in, on, and under the non-Building areas of the other Parcels for minor encroachments for curbing, landscaping and underground irrigation and incidental utility lines, which are used and located in a manner so as not to interfere with the development or use of the affected Parcel; provided that if any such encroachment interferes, in any material respect, with the then existing or proposed future use of the affected Parcel, the Owner of the affected Parcel shall have the right, by sixty (60) days notice to the Owner of the Parcel from which the encroachment occurs, to require the relocation of the encroaching item (if a suitable alternative location exists on the affected 5 0 0 Parcel) or (if no suitable alternative location exists on the affected Parcel) the removal of the encroaching item. (d) Sewer. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to and over the Common Areas and Facilities for sanitary sewer to tie into, connect with, use, maintain, repair, and replace, all only to the extent reasonably necessary, any underground sanitation or storm sewer facilities, now or hereafter installed thereon. (e) Utilities. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for utility purposes to tie into, connect with, use, maintain, repair and replace, all only to the extent reasonably necessary, any underground utilities, now or hereafter installed thereon. (f) Drainage. A non-exclusive easement is hereby reserved to the Declarant, each Owner, the Association, their successors and assigns for surface water, drainage and for the installation and maintenance of the surface water management and drainage of the Property. The Surface Water Management System and Drainage System of the Property shall be developed, operated, and maintained in conformance with the requirements of any controlling governmental authority. The Surface Water Management System and Drainage System shall be owned and operated by the Association except for any portion of the Surface Water Management System and Facilities and/or Drainage System that has been dedicated to a governmental authority. The Association shall maintain as an operating expense the entire Surface Water Management System and Facilities and Drainage System within the Property, including but not limited to all lakes, ponds, retention areas, culverts, pipes, pumps, catch basins and related appurtenances regardless of whether or not same are natural or man-made within the Property or are owned by the Association. Such maintenance shall be performed in conformance with the requirements of any controlling governmental authority, and an easement for such maintenance is hereby created. The Association will have the right, but not the obligation to maintain any portion of the Surface Water Management System and Facilities and Drainage System for the Property which is owned and/or maintained by any controlling governmental authority or which is outside of the Property. The Property shall be required to accept surface water drainage from any other property pursuant to the requirements of any controlling governmental authority, and in connection therewith will have the right, but not the obligation, to maintain any portion of the surface water management system for such other property reasonably required in connection with the maintenance or operation of the Surface Water Management System for the Property. (g) Maintenance. Association, each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for the maintenance, repair and replacement of the Common Areas and Facilities, to the extent necessary to fulfill the obligations or to exercise the rights created by this Declaration. 4.2. Temporary Construction Easement. Declarant hereby reserves unto itself a nonexclusive temporary construction easement in, to and over the Property (except for Parcel 6 "B") for the purpose of constructing the Common Areas and Facilities. Declarant agrees that it will carry out the construction of the Common Areas and Facilities in a manner so as not to unreasonably interfere with the construction work being performed on the remainder of the Property. The temporary construction easement created by this Section 4.2 shall be conclusively deemed to be terminated on the date which is three (3) years from the date of this Declaration, unless prior to such time, Declarant records in the Public Records of the County a notice that the construction contemplated by this Section has not been completed, which specifically references this Declaration and this Section and contains a substitute outside completion date, which shall automatically replace the date contained in the previous sentence for purposes of this Declaration. 4.3. Additional Easements. Declarant reserves the right at any time and from time to time to (and upon reasonable request from any Owner shall) grant additional easements over the Property, without the consent or joinder of any other party, provided that (a) any such easement must (i) be to provide utilities (public or private) or other services to one or more of the Parcels, (ii) be granted by a document executed by Declarant and referencing that it is granted pursuant to the rights reserved in this Section, and (b) the grantee of such easement agrees in the granting document to repair and restore any damage to the improvements or landscaping within the easement area caused by the grantee's activities in or use of the easement area and that the grantee shall conduct its activities within the easement area in a manner, to the extent practical, to minimize any disruption to the businesses being conducted on the affected Parcel(s). 4.4. Unauthorized Use of Common Area. Each Owner as to its Parcel, has the right to eject or cause the ejection from the Common Areas and Facilities of any Person not authorized to use the Common Areas and Facilities pursuant to this Declaration. 4.5. Prohibition Against Granting Easements. No Owner shall have the right to grant or convey the right to use any easements created by this Declaration for the benefit of any property not within the Project, without the consent of all Owners. 4.6. Easements Limited. The easements created by this Declaration are appurtenant to the Parcels. Nothing in this Declaration is intended to be a dedication to the public or to create any rights in the general public to use any portion of the Common Areas and Facilities. ARTICLE V. PROJECT DEVELOPMENT RESTRICTIONS AND OPERATIONAL COVENANTS 5.1. Common Areas. No portion of the Common Areas and Facilities may be used for any purpose other than its intended purpose without the consent of all Owners. 5.2. Construction and Design of Improvements. Every building now or in the future constructed on any part of the property shall be constructed, operated and maintained so that the same is in compliance with all Laws, and shall be of first quality construction, in conformity with sound architectural and. engineering standards. It shall be the responsibility of each Owner within the Property at the time of construction of a building or structure, to comply with the construction plans for the Surface Water 7 Management System pursuant to Chapter 40D-4, F.A.C., approved and on file with SWFWMD, and all other governmental regulations. All Owners shall be responsible for maintaining designed flow paths for storm water drainage as shown in the permitted plans. If the constructed flow path is disturbed or modified, the Association has the authority to enter the Parcel, reconstruct the intended flow pattern, and assess the property Owner for said expense and/or any damages incurred therefrom. It is the Owner's responsibility not to remove native vegetation (including cattails) that exist or otherwise become established with the Surface Water Management System or Facilities, including any surrounding buffer areas. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Parcel Owners should address any question regarding authorized activities to the District prior to taking any action. Existing and mature native shrubs and vegetation in buffer areas surrounding the Drainage Facilities shall be maintained by the Owner as part of its Parcel. Any removal or trimming of such vegetation is subject to the prior approval of the District and the Association. The Owners are hereby notified that the Property is subject to the requirements of the Permit issued, or to be issued, by the District. In addition, each Owner is required to inform the District at the beginning of construction on any Parcel that a Professional Engineer registered in Florida has been retained to supervise construction; and upon completion of construction on the Parcel, the Owner must submit to the District a Statement of Completion and as-built certification that its actions were in compliance with the Permit. The Declarant may assign to the Association, at any time, including after turnover, the Permit relating to the Property and the Association shall be required to accept such assignment. No Owner of any portion of the Property may construct or maintain any building, or structure, or undertake or perform any activity in the wetlands, wetland mitigation areas, buffer areas, upland conservation areas and drainage easements described in the Permit. 5.3. Insurance. Throughout the term of this Declaration, each Owner shall procure and maintain comprehensive public liability and property damage insurance against claims for personal injury, death or property damage occurring upon such Owner's parcel, with single limit coverage of not less than an aggregate of One Million and 00/100ths Dollars ($1,000,000.00) including umbrella coverage, if any, or such greater amount as may from time to time be reasonable and prudent under the circumstances. This insurance is to insure against potential liability for losses or damages that might occur on or to the Property, including, without limitation, the easement areas thereof. Upon the request of any Owner, each of the other Owners shall provide such Owner with proper evidence of the existence of such liability insurance. 5.4. Dumnsters. All outdoor trash and garbage receptacles shall be screened with an opaque enclosure constructed from a material durable enough to withstand the abuse resulting from periodic servicing and architecturally detailed or finished consistent with or to complement the Buildings on the Parcel serviced by the receptacle and in conformance with City requirements. 5.5. Drainage System. The Owners are hereby notified that the Property may be subject to the requirements of Surface Water Management, as may be modified, issued by the 8 District and/or Pinellas County. The Association shall control and maintain the Surface Water Management System or Facilities within the Property. In addition, each Owner may be required to obtain a separate surface water management permit in accordance with Chapter 40D-4, F.A.C., from the District (the "Internal Surface Water Management Systems") prior to initiating any construction or improvement on any Parcel and shall not have the right to discharge drainage from any Parcel into any part of the Surface Water Management System or Facilities within the Property that are governed by the Permit, except as may be allowed by the District and the Association by written notice. ARTICLE VI. USE RESTRICTIONS 6.1 Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel's B use shall be restricted as follows: Prior to the issuance of any remodeling permit to provide for the occupancy of a new use or prior to the issuance of an occupational license for a new use of the building, the proposed Tenant shall submit evidence to the City of Clearwater Planning Department documenting the proposed Tenant will be a single purpose entity using the entire 22,209 square-foot building for the retail/wholesale sales in a manner similar to West Marine and/or devoted to the display/sales of large items, with a minimum of four service bays, a minimum of 4,700 square feet of storage/warehouse area accessory to the primary use of retail sales, a maximum of 10 employees on the largest shift, no outdoor display/sale of products and a maximum of two delivery vehicles. Documentation to evidence the foregoing requirements may include but not be limited to other locations the proposed Tenant presently operates and traffic impact studies of such other locations, showing similar parking characteristics as West Marine and showing a peak traffic demand during weekdays between the hours of 9:00 am and 7:00 pm would not exceed 22 occupied parking spaces. The City of Clearwater's Planning Department may consider modification of the above standards or other standards of review to determine similarity of use. ARTICLE VII. MAINTENANCE OF COMMON AREAS AND FACILITIES; LIGHTING 7.1. Maintenance of Property. Each Owner shall, at all times during the term of this Declaration, maintain its Parcel in good order, condition and repair, consistent with the class and character of the Project. 7.2. Maintenance of Common Area. Association shall, at all times during the term of this Declaration, operate and maintain (including necessary or desirable repairs and replacements) the Common Areas and Facilities in compliance with all applicable governmental laws, regulations, ordinances and directives (collectively, "Laws") and the provisions of this Declaration. The Association shall use commercially reasonable efforts to manage the costs and expenses associated with operating and maintaining the Common Areas and Facilities for the mutual benefit of the Members. 9 The Association shall maintain in perpetuity, as part of the Common Areas, the Drainage Facilities in compliance with all conditions of the Permit. The Association, shall, when requested by Declarant, accept transfer of the SWFWMD Permit for the Property. The conditions may include monitoring and record keeping schedules, and maintenance. Notwithstanding any other provisions of this Declaration to the contrary, the Association shall allocate sufficient funds in its annual budget for monitoring and maintenance of the Drainage Facilities in accordance with the Permit for the Property. The Association shall maintain, as part of the Association Property, any areas designated on the Property as mitigation areas for wetlands. The Association shall comply with all applicable permit conditions for such areas, including monitoring and maintenance of wetland vegetation, and the replanting of wetland vegetation to meet required survival rates. To the extent that SWFWMD requires signage in or near preservation areas, the Association shall maintain these as part of the Common Area. The Association shall comply with all governmental regulations including, but not limited to, those of SWFWMD. The Association acknowledges and agrees that the District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association to compel it to correct any outstanding problems with the Drainage Facilities. 7.3. Failure to Maintain. In the event the responsible Owner fails to maintain any part of the Common Area and Facilities as provided herein, the Association and any other Owner shall have the right, upon no less than thirty (30) days prior notice to the responsible Owner, to perform delinquent maintenance required hereunder. The responsible Owner shall reimburse the Owner performing such maintenance of the costs thereof (less such Owner's Proportionate Share) within thirty (30) days of receipt of an invoice therefor, accompanied by appropriate supporting documentation. ARTICLE VIII. PAYMENT OF COMMON AREA COSTS 8.1. Right to Reimbursement. The Association shall be entitled to reimbursement for the Common Area Costs by all of the Owners of the Parcels pursuant to the terms of this Article. 8.2. Assessments Established. The Owners through its or their ownership of a Parcel, covenant to pay to the Association Common Area Assessments and Special Assessments (as defined below), together with all excise or other taxes, if any, that from time to time may be imposed upon all or any portion of the Assessments established by this Article. 8.3. Common Area Assessment. The Association shall levy an annual assessment (the "Common Area Assessment") to be used exclusively to reimburse itself for Common Area Costs incurred pursuant to this Declaration. The amount of the annual Common Area Assessment shall be fixed by the Association and a proposed budget shall be sent to all Owners by the Association at least forty-five (45) days in advance of each calendar year; but any delay in delivering the notice shall not invalidate an otherwise valid Assessment. The Common Area Assessment shall be payable in quarterly installments, but may be prepaid in whole at any time or times during the applicable calendar year. Common Area Assessments for each Parcel shall 10 0 0 commence with respect to the Parcel on the earlier of (i) the first day of the calendar month following the date the Parcel is first conveyed by Declarant (other than to a successor Declarant) and (ii) the first anniversary of the date the first Parcel is conveyed by Declarant (other than to a successor Declarant). 8.4. Special Assessments. In addition to the Common Area Assessment, the Association may levy a special assessment ("Special Assessment") for the purpose of defraying (i) Common Area Costs which exceeded the Common Area Assessments for any calendar year, or (ii) the cost of any repairs or replacements constituting Common Area Costs but not included in the Common Area Assessment for that calendar year. Special Assessments shall be due within thirty (30) days after written notice from the Association, to be accompanied by a reasonably detailed statement showing the basis for the Special Assessment. 8.5. Allocation of Common Area and Special Assessments. The Common Area Assessments and Special Assessment shall be allocated based upon each Parcel's Proportionate Share. 8.6. Year End Reconciliation. Within one hundred twenty (120) days after each calendar year ends, or as soon thereafter as is reasonably practical, the Association shall provide to each other Owner an itemized statement (the "Statement") showing in reasonable detail the actual Common Area Costs incurred for the calendar year just ended, broken down by component expenses. Any excess funds from the prior year's Common Areas Assessment shall be, at the option of the Association, (i) applied to the next year's budget, or (ii) refunded to the Owners concurrently with the delivery of the Statement. Assessments for the first year in which any Parcel is subject to Assessments hereunder shall be prorated (such proration to be included in the Statement) based upon the number of days including and after the date Assessments commence for the Parcel compared to the total number of days in the calendar year. 8.7. Audit Rights. The Association shall keep accurate and complete books and records relative to the Common Area Costs. Each Owner shall have six (6) months after receiving the Statement to request an audit of the Associations' books and records concerning the Common Area Costs reflected on the Statement, at a mutually convenient time and at a location designated by the Association in the County. If any Owner disputes the accuracy of the Statement, the Owner shall still pay the amount shown owing, subject to its right to recover any overpayment revealed by an audit to be conducted by the contesting Owner at its cost, except as provided for below. If a request for an audit is not made within the six (6) month period, any nonrequesting Owner shall have waived its right to an audit relative to that Statement, unless a subsequent Statement is discovered to be inaccurate as a result of a willful attempt by the Association to recover improper amounts from the other Owners. If any audit shows that a Statement reflects amounts being improperly charged to the Owners, the Association shall reimburse the Owners for the overcharge. In addition, if any audit shows that a Statement reflects amounts being improperly charged to the Owners in an amount equal to more than ten percent (10%) of the total Common Area Costs, the Association shall pay interest to all the Owners on the amounts improperly collected at the Default Rate and shall reimburse the auditing Owner for the cost of the audit. If the Association disputes the accuracy of any audit, the dispute shall be settled by arbitration pursuant to the terms of this Declaration. 11 8.8. Certificate. Within ten (10) days of a request, the Association will furnish to any interested person a certification setting forth whether the Common Area Assessments and any Special Assessments have been paid relative to any Parcel and, if not, the unpaid balance(s). The Association may charge a reasonable administrative fee for such certifications. ARTICLE IX. REMEDIES FOR VIOLATION 9.1. Remedies. If any Owner breaches any provision of this Declaration, then the Association, and if the Association fails to act, or any other Owner may pursue any remedy provided by law. All remedies under this Declaration or at law are cumulative and not exclusive. The exercise of one remedy shall not be deemed to preclude the exercise of other remedies. Reference to remedies "at law" or "by law" shall also include any remedies available "in equity." 9.2. Iniunctive and Declaratory Relief. Without limiting any other remedies provided for in this Declaration or by law, Association, and/or each Owner shall have the right to enjoin any violation or threatened violation of this Declaration and to bring an action for declaratory relief in a court of competent jurisdiction in connection with any violation or threatened violation of this Declaration. It is acknowledged by all Owners that injunctive relief is a necessary remedy in order to preserve, for all Owners, the benefits of this Declaration. 9.3. Owner's Right to Cure or Abate. If any Owner violates any covenant, condition or restriction contained in this Declaration, or permits or suffers any occupant of its Parcel or Permittee to violate any covenant, condition or restriction of this Declaration, then in addition to any other remedy provided for in this Declaration, the Association and/or any Owner (the "Creditor Owner") may demand by written notice (the "Default Notice") to the defaulting Owner (and its Mortgagee, if required by Section 13.4 of this Declaration) that the violation be cured. If the defaulting Owner does not cure the violation within thirty (30) days after receipt of the Default Notice, or if such default is not a default in the payment of money and of a kind which cannot reasonably be cured within thirty (30) days, and the defaulting Owner does not within such thirty (30) day period commence to cure such default and diligently thereafter prosecute such cure to completion, then the Association or Creditor Owner, as the case may be, shall have the right to cure the default of the defaulting Owner. The defaulting Owner shall, within fifteen (15) days of written demand by the Association or Creditor Owner, as the case maybe, accompanied by appropriate supporting documentation, reimburse the Association or Creditor Owner for all costs and expenses incurred by the Association or Creditor Owner in undertaking any of the actions permitted by the preceding sentence. 9.4. Lien. Any Creditor Owner, any Owner relative to sums awarded pursuant to an arbitration under the terms of this Declaration and not paid when due, and/or the Association relative to past due Assessments or Parcel "B" Contributions, shall be entitled to a lien against the Parcel of the defaulting Owner, which lien shall be created and foreclosed in accordance with this Section: (a) Creation. A lien authorized by this Section shall be created by recording a written instrument (the "Claim of Lien") in the Public Records of the County, which (i) references this Declaration by date of recordation and recording information, (ii) alleges a 12 specific breach of this Declaration, (iii) states the amount owed by the defaulting Owner through the recording date of the Claim of Lien, (iv) contains a legal. description of the Parcel of the defaulting Owner, and (v) is executed and acknowledged by the Creditor Owner or Association, as the case may be, the Owner receiving the arbitration award, or the Association, as applicable. A copy of the Claim of Lien shall be forwarded to the defaulting Owner prior to or concurrently with its recordation. (b) Amount. A lien created pursuant to this Section shall include (i) the amount stated in the Claim of Lien, (ii) all costs and expenses incurred in creating and foreclosing such lien (including attorneys' fees), and (iii) interest as set out in this Article below. (c) Priority. The priority of a lien created pursuant to this Section shall be established solely by reference to and shall be as of the date the Claim of Lien is recorded in the Public Records of the County (not the date of the recording of this Declaration). (d) Extinguishment. If the defaulting Owner cures its default and pays all amounts secured by a lien created pursuant to this Section, the Association or Creditor Owner, as applicable, shall record an instrument sufficient in form and content to clear title to the Parcel of the defaulting Owner from the Creditor Owner's or Association's lien as applicable. (e) Foreclosure. A lien created pursuant to this Section shall be foreclosed judicially, in the same manner as provided for foreclosure of a real property mortgage in the State of Florida. 9.5. Interest. Any amount payable under this Declaration that is not paid within thirty (30) days after written notice to the applicable Owner that such amount is past due shall bear interest from the date of the notice at the Default Rate. 9.6. Personal Obligation. All amounts due under this Declaration, including, without limitation, the Assessments, are the personal obligation of the Owner of the applicable Parcel when such amounts became due. Any amounts secured by a Claim of Lien are also the personal obligation of any successor Owner who acquired title to the Parcel after a Claim of Lien was recorded in the Public Records of the County. 9.7. Subordination of Liens. Any lien created pursuant to this Article 9 shall be subordinate to the lien of any first mortgage of record which is (i) executed in good faith and value, (ii) to provide financing for the acquisition and/or development of a Parcel or the construction, repair or reconstruction of improvements thereon, and (ii) in favor of a Mortgagee. The sale or transfer of any Parcel shall not affect the validity or enforceability of any lien; provided, however, that notwithstanding the foregoing, the sale or transfer of any Parcel thereon pursuant to the proper foreclosure of a first mortgage or deed in lieu by any Mortgagee shall extinguish any lien created under this Article 9 which became due and payable prior to the date of such foreclosure sale, unless a Claim of Lien was recorded prior to the recordation of the mortgage which has been foreclosed. In no event shall the foreclosure of any mortgage or deed in lieu prejudice the rights of the Association to collect any delinquent Assessments from the 13 prior Owner who shall remain personally liable for the payment of such Assessments. No foreclosure sale or transfer shall relieve any Owner or any Parcel from liability for any Assessments which become due subsequent to the date of such foreclosure sale or from the lien of such Assessments. ARTICLE X. MEMBERSHIP AND VOTING RIGHTS 10.1 Members. Every Owner of a Parcel shall be a member of the Association as designated in Section 10.2 of this Article. Membership shall be appurtenant to and may not be separated from ownership of a Parcel which is subject to assessment. 10.2 Membership Classes and Voting Rights. The Association shall have the following two (2) classes of voting membership: (a) Class A. Class A Members shall be all Owners, except the Declarant for so long as the Developer retains Class B voting rights as defined herein, of Parcels and shall be entitled to one (1) vote for each such Parcel so owned. (b) Class B. Class B Member shall be the Declarant and shall be entitled to two (2) votes for each Parcel owned. The Class B membership shall cease and be converted to Class A membership when one of the following events occurs: (1) when the total votes outstanding in Class A membership equals or exceeds the total votes outstanding in the Class B membership; or (2) on December 31, 2050. 10.3 Joint Owners. When more than one person holds an interest in any Parcel, all such persons shall be members of the Association; provided, however, that Owners' vote shall be exercised as provided above or as all such persons among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Parcel not owned by the Declarant. ARTICLE XI. INSURANCE 11.1 Insurance. The Association, through its Board of Directors, shall purchase an insurance policy(ies) insuring any real and personal property owned by the Association or constituting part of the Common Area, against loss of damage by fire and hazards covered by wind storm and extended coverage endorsement and such other risk of a similar or dissimilar nature as customarily covered for the same or similar type of property. The insurance obtained by the Association shall insure the interest of the Association and all Owners and their Mortgagees, as their interest may appear. The directors shall have no liability to the Association or its Members or any other person for failure to obtain insurance in full amount of the coverage 14 required hereunder, if in good faith a majority of the membership shall determine that such insurance is not reasonable available. 11.2 Liability Insurance. In addition to the above and foregoing insurance, the Association, through its Board of Directors, shall purchase and keep in effect a comprehensive public liability policy insuring the Association, its Board of Directors, officers and Owners against possible liability arising out of the use of the Common Area. Said policy shall be in an amount not less than One Million Dollars and 00/100ths ($1,000,000.00) combined single limit (bodily injury and property damage). The Association shall further, if required by state law, carry a worker's compensation insurance policy, which policy will comply with the requirements of the laws of the State of Florida. 11.3 Cost of Insurance. The cost of all insurance purchased by the Association as described above shall be a Common Area Cost of the Association included in the assessments to be collected pursuant to Article VIII. 11.4 Owner's Insurance. EACH OWNER SHALL BE OBLIGATED TO MAINTAIN INSURANCE ON ITS PARCEL AND ANY IMPROVEMENTS THEREON IN AN AMOUNT EQUAL TO AT LEAST FULL INSURABLE VALUE AS TO THE LOSS OR DAMAGE BY FIRE OR OTHER CASUALTY, AS WELL AS LIABILITY INSURANCE AND INSURANCE INSURING ITS PERSONAL PROPERTY. EACH OWNER SHALL FURNISH PROOF OF SUCH COVERAGE TO THE ASSOCIATIOJN UPON REQUEST WITH A CERTIFICATE REQUIRING THIRTY (30) DAYS WRITTEN NOTICE TO THE ASSOCIATION OF CANCELLATION OR NON-RENEWAL OF SAID INSURANCE COVERAGE. ARTICLE XII. ARBITRATION 12.1 Disputes Subiect to Arbitration. Any dispute that is by the terms of this Declaration expressly made subject to this Article and any dispute that the parties to the dispute agree in writing to submit to arbitration pursuant to this Article may be settled by binding arbitration pursuant to this Article. No other disputes shall be subject to arbitration pursuant to this Article. 12.2 Request for Arbitration. In the event of any dispute between two or more Owners, which is subject to arbitration pursuant to this Article, any of the disputing Owners may provide to the other Owner(s) a written notice of its demand to have the dispute settled by arbitration pursuant to this Article. 12.3 Procedure. (a) Selection of Arbitrator. Within twenty (20) days of the delivery of a demand for arbitration the parties shall agree upon a single arbitrator. In the event the parties cannot agree upon an arbitrator, the parties shall petition the Circuit Court of Pinellas County, Florida for the appointment of an arbitrator. The arbitrator shall be knowledgeable and have substantial experience in the subject matter of the dispute. No arbitrator, nor any firm with which the arbitrator is associated, shall have represented either party to the dispute within the preceding five (5) years. 15 (b) Arbitration Session. Within thirty (30) days of the selection of the arbitrator, the parties shall hold an arbitration session not to exceed one day in length unless the arbitrator agrees a longer period is necessary. The arbitration shall be conducted in the County, and any party may be represented by counsel or other authorized representative. The parties may offer such evidence as is relevant and material to the dispute. The arbitrator shall be the sole judge of relevance and materiality. (c) Decision. The decision of the arbitrator shall be binding on the parties and may be confirmed by the Circuit Court of Pinellas County, Florida. The arbitrator's decision shall be in writing, signed by the arbitrator, and consist of two (2) parts as follows: (i) a "Decision" portion stating the decision of the arbitrator on the issue presented, including any sums awarded to any party; and (ii) a "Reasoning" portion stating the reasoning of the arbitrator in reaching its Decision. 12.4 Arbitration Award. Any amount awarded to any Owner by the arbitrator pursuant to this Article shall be due and payable within twenty (20) days after the decision of the arbitrator becomes final. Failure to pay the amount due shall entitle the party?who received the award to the remedies provided for in the relevant provisions of this Declaration. 12.5 Fees and Costs. Each party shall pay its own attorneys fees and costs in connection with the arbitration. If a party or parties to the arbitration receive substantially all the relief requested in the arbitration, as determined by the arbitrator as part of its Decision, the other party or parties shall pay the fees of the arbitrator, otherwise the fees of the arbitrator shall be divided equally between the parties. ARTICLE XIII. MISCELLANEOUS 13.1 Notices. Any notice required or permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes if sent (i) by hand delivery, with a signed delivery receipt, (ii) by registered or certified mail (return receipt requested), postage and charges prepaid, or (iii) by a reputable overnight delivery service with the ability to confirm delivery, addressed as follows: To Declarant: P B P of Clearwater, LLC 685 Main Street, Suite A Safety Harbor, Florida 34695 Fax: 727-725-2317 Any such notice shall be deemed to be given on the date on which it is received or receipt thereof is refused. Any Owner may designate or change its notice address by notice to all other Owners in accordance with this Section. 16 0 0 13.2 Attorneys' Fees. In the event of any action between any of the Owners for breach of or to enforce any provision or right under this Declaration, the prevailing Owner shall have the right to recover all costs and expenses incurred, expressly including, but not limited to, reasonable attorneys' fees incurred in connection with such action. 13.3 Breach Shall Not Permit Termination. No breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration. 13.4 Rights of Mortgagee. The Mortgagee of any Owner shall be entitled to a simultaneous copy of any Default Notice served on such Owner, served in the same manner that other notices are required to be given under this Declaration; provided that the Mortgagee shall have, prior to the time of the default, notified the Owner giving the Default Notice of the Mortgagee's mailing address. 13.5 Effect on Third Parties. Except for Section 13.4, which is for the benefit of a Mortgagee, this Declaration is for the sole benefit of the Association and Owners and not any third party. 13.6 No Partnership. Nothing in this Declaration is intended to create the relationship of principal and agent, or of partnership, or of joint venture, or of any similar relationship between any of the Owners. 13.7 Modification. No modification to or termination of this Declaration shall be valid or effective unless in writing, referencing this Declaration by date of recordation and recording information, signed by each of the Owners and recorded in the Public Records of the County. Provided further, any amendment of this Declaration which modifies, effects or changes the Surface Water Management System Facilities or operation or maintenance of the Surface Water Management System Facilities shall have the prior written approval of the District. In addition to the foregoing restriction and limitation on modification Declarant and Owners covenant and agree that no termination, modification or amendment of this Declaration shall be made without the prior written approval of the City of Clearwater, which approval shall be recorded in the public records of Pinellas County, Florida. 13.8 Severability. In the event any portion of this Declaration, or the application of any provision of this Declaration to any particular circumstance is held to be invalid or otherwise unenforceable by any court of competent jurisdiction, such holding shall in no way affect the remainder of this Declaration or any valid and enforceable application of any provision of this Declaration. 13.9 Governing Law. This Declaration and shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida. 13.10 Interpretation. This Declaration shall be construed in accordance with its intent of providing for the efficient integration of the Parcels into a functional project. It shall not be construed more strictly for or against Declarant or any Owner. Article and Section titles in this Declaration are inserted for convenient reference, and no way define, limit, extend, or describe the scope of any provisions of this Declaration. 17 13.11 Release. If an Owner shall transfer fee simple title to its entire Parcel, it shall be released from all obligations under this Declaration accruing from and after the date of such transfer. This Declaration is binding on the Owners relative only to obligations accruing during their respective periods of ownership of a Parcel, except as expressly provided for in Section 9.6 where an Owner takes title to a Parcel with a Claim of Lien of record. 13.12 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 13.13 Entire Agreement. This Declaration and the Exhibits contain the entire agreement with respect to the subject matter hereof. 13.14 Construction Liens. In the event any construction lien is filed against the Parcel of any Owner as a result of any work by or for the benefit of any other Owner, the Owner responsible for such lien will promptly take such action as may be required to have the lien discharged from such Parcel. Upon request of the other Owner, the Owner responsible for such lien agrees to furnish such security or indemnity as may be required, to and for the benefit of such other Owner, to permit a title insurance company to insure the affected Parcel free of such construction lien. 13.15 Sub-Declarations. The Declarant may elect to impose or define additional covenants, conditions, restrictions or easements against any Parcel pursuant to a separate declaration (a "Sub-Declaration"). All Sub-Declaration shall be subordinate and subject to this Declaration Any Sub-Declaration shall set forth maintenance obligations with respect to improvements, facilities or other appurtenances which serve only the subject Parcel(s). A Sub- Declaration shall set forth assessments for the maintenance of the subject Parcel. In the event the Declarant elects to develop a portion of the Property under condominium ownership, such condominium shall constitute a Parcel and the Owners of any condominium units therein shall be subject to the terms and conditions of this Declaration as well as the applicable declaration of condominium. A Sub-Declaration may provide for a separate association to administer the rights and obligations provided in a Sub-Declaration and the maintenance of common improvements, facilities and appurtenances which serve the subject Parcel(s). 13.16 Future Plat of Property. Declarant shall have the right and option to plat the Property at any time. In the event Declarant determines to plat the Property, each Owner covenants and agrees to cooperate and join into a plat of the Property, or any part thereof, provided however, in no event shall any plat of the Property materially modify or diminish any Owner's rights under this Declaration. 13.17 Waiver of Trial by Jury. BY ACCEPTANCE OF A DEED, EACH OWNER KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT HE MAY HAVE TO A TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION WITH RESPECT TO ANY ACTION PROCEEDING CLAIM COUNTERCLAIM 18 OR CROSS CLAIM, WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT), BASED ON, ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE ASSOCIATION DOCUMENTS, INCLUDING ANY COURSE OF CONDUCT, COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT VALIDATION PROTECTION ENFORCEMENT ACTION OR OMISSION OF ANY PARTY. DECLARANT HEREBY SUGGESTS THAT EACH OWNER UNDERSTAND THE LEGAL CONSEQUENCES OF ACCEPTING A DEED TO A PARCEL. EACH OWNER DOES HEREBY RELEASE WAIVE DISCHARGE COVENANT NOT TO SUE, ACQUIT, SATISFY AND FOREVER DISCHARGE DEVELOPER ITS OFFICERS DIRECTORS EMPLOYEES AND AGENTS AND ITS AFFILIATES AND ASSIGNEES FROM ANY AND ALL LIABILITY, CLAIMS, COUNTERCLAIMS DEFENSES ACTIONS CAUSES OF ACTION SUITES CONTROVERSIES AGREEMENTS PROMISES AND DEMANDS WHATSOEVER IN LAW OR EQUITY WHICH AN OWNER MAY HAVE IN THE FUTURE, OR WHICH ANY PERSONAL REPRESENTATIVE SUCCESSOR HEIR OR ASSIGN OF OWNER HEREAFTER CAN, SHALL OR MAY HAVE AGAINST DECLARANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AND ITS AFFILIATES AND ASSIGNS FOR UPON OR BY REASON OF ANY MATTER, CAUSE OR THING WHATSOEVER RESPECTING THIS DECLARATION, OR THE EXHIBITS HERETO. THIS RELEASE AND WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS AND THE STATE OF FLORIDA. 13.18 No Rights in Public: No Implied Easements. Nothing contained in this Declaration shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Property. No easements are granted or implied, except those expressly set forth in this Declaration. 13.19 Term. The easements, covenants, conditions and restrictions contained in this Declaration shall be effective commencing on the date of recordation of this Declaration in the Public Records of Pinellas County, Florida. The covenants, condition, and restrictions (with the exception of the easements, which are perpetual) shall remain in full force and effect for an initial term of thirty (30) years from such recordation, after which time such covenants, conditions, and restrictions will automatically be extended for successive terms of ten (10) years each, unless this Declaration is terminated at the end of the initial term or any successive term by the written consent of all the then record Owners. 13.20 Covenants to Run with Land. It is intended that this Declaration and each of the easements, covenants, conditions, restrictions, rights and obligations set forth in this Declaration shall run with the land and create equitable servitudes in favor of the Property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties subject to this Declaration, and their successors, assigns, heirs, and personal representatives. 13.21 Bankruptcy. In the event of any bankruptcy affecting any Owner or any permittee, the parties subject to this Declaration agree that this Declaration shall, to the maximum extent permitted by law, be considered an agreement that runs with the land that is not rejectable, in whole or in part, by the bankruptcy. 19 13.22 Exhibits. The following Exhibits are attached to this Declaration. Exhibit "A" - Property Exhibit "B" - Site Plan Exhibit "C" - Parcels A and B legals and sketch IN WITNESS WHEREOF, Declarant has executed and causes the recordation of this Declaration. // WITNESSES: P B P o lea ter, LLC a Flori a limn liability co L By: r its Manager The foregoing instrument was acknowledged before me this day of bla4,.&,s'-r , 2007, by Abdi Boozar Jomehri, as Manager of P B P of Clearwater, LLC, a Florida limited liability company. He is [ ] personally known to me [) or has produced a Florida driver's license as identification. gnna M. Reagan C6mmission # DD310817 .,Expires June 6, 2008 " 8ond9d Troy Fan - WwAM, Inc. 800386.1019 Printed Name: 01",4 A NOTARY PUBLIC Commission No.: C)D 3 lO k/' 7 State of Florida at Large My Commission Expires: ?u?? la00? 20 STATE OF FLORIDA COUNTY OF PINELLAS 0 0 Joinder of Parcel A Owner For Value Received, the receipt and sufficiency of which is hereby acknowledged the Undersigned, Duncan Offices, LLC, the Owner of Parcel A, hereby joins in the foregoing Declaration and submits Parcel A to the terms and conditions of said Declaration for itself, its successors and assigns and agrees to be bound by the Declaration. In Witness Whereof, the undersigns 114G d S T , 2007. STATE OF COUNTY OF -kh Jay of I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, ABDI R. BOOZAR-JOMEHRI as Managing Member of DUNCAN OFFICES, LLC, a Florida limited liability company is personally known tq_pl or who has produced as identification, and he is the person described in and who executed the foregoing Declaration and he acknowledged then and there before me that he executed the same as such managing member on behalf of said limited liability company for the purposes therein expressed; and that the said Declaration is the act and deed of said limited liability company. WITNESS my hand and official seal thisAjA day of 2007. Donna M. Reagan l M Commission # DD310817 Name: Alr?}- '?a` -,: Expires June 6, 2008 Notary Public „F"i1`' BontlotlTroyFrin•Mcura?,hk 8003857019 Commission No. 1in /d 9 Q ?j 7 My Commission expires: 6- & 14 21 MORTGAGEE CONSENT Whitney National Bank, successor by merger to Madison Bank, the owner and holder of that certain Mortgage recorded in Official Records Book 13688, Page 579, Assignment of Rents recorded in Official Records Book 13688, Page 588 and UCC-1 Financing Statement recorded in Official Records Book 13688, Page 594, all of the Public Records of Pinellas County, Florida hereby joins in the forgoing Declaration, agrees and consents to the forgoing and hereby subordinates its interest, mortgage, assignment and financing statement in the Property to the forgoing Declaration. In Witness Whereof the parties have set their hands this 306' day of ?,?- , 2007. itne iTPMnoAJiL Print Name: t , rant Name: STATE OF Fla *e o(ov COUN'T'Y OF Au-6 /bo-l . WHITNF,Y-??NAL BANK, Its: 'o P I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, D& 40) &4 A--).t W r? as y n of WHITNEY NATIONAL BANK, a Florida corporation, who is peraonall krist to me or who has produced as identification, and he? e per son described in and who executed the foregoing Consent and he acknowledged then and there before me that he executed the same as such officer on behalf of said corporation for the purposes therein expressed; and that the said Consent is the act and deed of said corporation. WITNESS my hand and official seal this "'""•, ROY C. BOUSiM-M i4Notary Public - State of Florida My COrnftsion Expires Nov 1' 2009 •;`?F?' Commission # DD 487361 Bonded By National Notary Assn. 3 0Z&day of , 2007. Name: A- r G 4P Notary Public Commission No. My Commission expires: i Y, i - u 5 22 AuQ-20-07 10:54 From-R?Y +7174463741 ?13 P.02/06 F-273 The North 342.0 feet of Tract IXII, a Replat of Block "D"'of Suburb Beautiful, as recorded in Plat Book 19, Page 100, of the Public Records of Pinellas County, Florida. Less the North 150.0 feet of the West 150.0 feet thereof; and also Less the South 60.0 feet of the West 283.12 feet thereof. i EXHIBIT - 1 GM 1C BAY ®.m . _ ' cLYO. L,cTT9QRD1c ' ?T moo - " z • -f?' .. ruxxuo s• rNnr. s 'T: ?1a U N8956'12'E(M) 281.74'(M) d '' S. --- ?E --- --T. `, , `- N 90-00'00' E(0) 281.98'(0) i ® S 02-30'00' E(M) 342.33'(M) i 90 S 02'30'00' E(D) 342.33'(D) Naf my NYAa7 WON I KEITH ZAYAC &? ® N 89'58'50' E(M) 149.95'(M) WZ imi- J ASSOCIATES, N 90-00'00" E(D) 149.73' D) i mvT s r r.1 ' INC. N 021547' W(M) 60.09'(M) I 1 11°' D>n ?. '.? I (727) 193.9685, I ® N 02'30'00' W(D) 60.06'(0) A y I p 91 T T 701ENTmrm9ROAD IL STI4N GRAPHIC SCAIZ wxTYHARBOR. n7ws ® S 89'55'33' E(M) 282.17'(M) - - - - N 90-00'00' E(D) 28239'(0) ® off, f? I d I wNN.xurx2Anae0E I C ® S 0295'28' E(M) 131.76'(M) ns I 133.5- I l I tanw) nff...ufwfn ¢¢¢yyy S 0290'00' E(D) 132.13'(0) I e2- w ffx 1 f 2-•• t N 1 N 8957'09' '((M 150.19'(M) ©N 90'DO'OO' E(D) 150.14 (D) wmuW 1 I I '1 ® N 02.25'58' W(M) 149.95'(M) u N. I a; I ( LN GN'JO ?j 4'rl N 0290'00' W(D) 150.14'(D) ¦Arn `•.:a" t , I I ^E tm .4 R . C 0 Ce w ;I ? ': • I I N/C WARBLE,( N RAaus ; ,' e ?? WA ?w % 2-7 p(? xxn I 2-r ."?"' w A ? DPa xe wrt $t- x/x RWt-Or-tAr Qo?.T CM II•Il'' . to, NfAwAIT WANpi mra 11 r' y _ _ 61 NAIOCAP PAI MC W .. gg r i C. EL 1'. m 721 I i - - - - `LANDSCAPE BUFFER UK jF_ Aga f1 P r w - - - WMw Ps - - - - ,?- ' :, t STORY ;, I I I ?••?••?••? SITE BOIIIO.W1 ?., PROPOSED CONCRETE PAM._ 7.NWO N o7HMrtrt e0.fAT 9.W •??¦ n P• ., 1 o MASONRY ?7 I I m Nr,N¦ w- •. (T. - - < COMMERCIAL I .C¦ o7nrtrt 2-r / ax BLDG. MEW vAAEMCrr sECDaN 1L , y -------- nWatYOfn /I IT, m tFE- .5 I` I to ( O ':, I k iWPwP AS¦ rraONrwPMrt n¦ I H1 I O ExSrING PA-T qq2- I +?.iv.. Aril( I ??' / L 7l20B FJ. M (D >p7 x . J •¦ ? x - _ y .? J L F°1'WO?N' ? I ? 1 n ' i ? E»sTNC BLRONC ? ? D3 ? . Q2- Of NTT/MOI LANDSCAPE `C- O DDSnK TREE TO 1¢wuw DN+.r .nN PN I+ n I ,r x r m ```? F I ,II>1 I' C SEw.. ? ?'{ r'miwi I'm,'.`.Q'-"'°` 133.6' I 14 I (L??? ._ 1 STOP z in - wv MASONR' .o ?• 't ! O E Nqd 7ta`t CMM. WAS s tans 'L.: I I s M ' .. C 1 COMMERC j? Q v AA1ol¦mN " - w '-"'•:' ! c2-: I,°• ; .; I LFE.66.4 II i _ --- --- -- ----- -- '-- - - ------ --- ----- IES- I I ' ° N JUL B?W1N N1 W OCa2-n. x T _ ia I __ . 177, f ? I' t f \. __ r••-. ' 1 Q :r r°AS°w..ei -I•---I---? :i? l I I t t :'1330 _ j- RSC / j 1?5? I TO' E. t OR 860 4374. raOR Im nxOka ? I I?? n2-' ?, :?.'u.?7Y? nrJ' .• ,?? _ ' ? ,?•,? ... roA7° TURN f0ft:hTE FOR TRUCK B 9 11 - 11 4f ±µ I r 10 (LOADING RAID) d PAWry tD' 2-c' r!' err' ... _ 04, zY>-D- zD GENERAL NOTES: & YIBACM($: 25' FRONT 7.21' TO ED17N0 PATpENT "TM) & ALL DISTURBED CUM NTNL INHT-OF-WAY S ALL EE SCOCED. Iz sE CAT& R- !7 CIAI' TO COSTING &.D¢ (NORTH) 4 ALL UNUSED DRNEWAYS MUST BE REMOVED NO REPLACED WITH pF8 ?Q M7? ' 1. ENFO EERALAIDSDVE ARCNitCT: ImTN ZATAC t ASSODAIES NE t¢N' TO EASTNC PAEMWT (EAST) SIDEWALK, AND L1ADSCAPNC TD MATCH EASING CONDITIONS A. T3AL SITE AREA ML32MZB SF (149 Aq Im37&U 9 (La PC) 1¢000 Sr. 701 ENT[RNESC BOAC CAST. ppTE 404 17.97' 10 CIniNC BLDG. (EAST) t TOTAL DPW SPACE 7.131.519 (nu AC) 7140111 S (637 N) 5.41L01 S.F. (¢05 A Mx) SAFETY 9 R 739! &V TO PAVEMENT (WEST) T0. f10m..ffiL: . l (7271 7E3-Em EBE B.. 7Bn' TO BLO. (WEST) TWS STRUCTURE APPEARS TO BE N FLOOD ZONE Y. C. IDIbC 1¢OIDIMT 71109 Sr (DSO ACA' Mri+.77 41¢p q U9[ (727) 793-E557 r.. ,y 90E 5.44f TO PAIELRNT (NOw' ACOCIONG TO THE ROOD NSURN6C RATE MAP COrRYTT 0 SCEwN/DEC /PAVC AEk a,nn SF (1.42 An 56X-45 9 (IA Aq z LIE ADDRESS R: 1731 Ellt TO BAT BL'q, PANEL NUMBER 1210=09 N MAP REMSm DATE WAY 17. 7005, n.,s' 10 BLDG. (xON7H) C WIN 1RCEMOAS AREA aue&n 9 (O7B Isl 7Ep wMtN 9 (¢n 61L 780 DLN.N 9 (BL 7a MAIL) CLEARWATER. R 33755 PROAIOCD BY THE imWy WDICE71Cr WNATODIT A04CT. p 19.99' TO EMSTNO BLDG ;SajTN) - A 167 SPACES PARCEL 0. 24/29/15/35968/000/WO 7.70' TO ERSDNG PAVCMD.3 (SOUTH) 11, PARNNC RECURRED F. PAADD SPAQ3 &2 SPA¢s IN PAM 510• TO PROPOSED BLDG. (SOUTH) C ILO GUAR AREA 5&Onn 9 410" 57' i? ZONNC: 'C 2O REAR 4.7r TO EMSTNO PAVEWE00 (WEST) 5 PRESENT USE RETAIL 7. ALLOWABLE MAX HD01T 2S - SC' Mu W PROPOSED BLOC NEC1T (CENTRE[) 5C•-0' FT. TO ROOF 0E01 _ _ .._OTMCC t ED51MiG RETAIL 22-C _- El95xNC Bt00 'NUCMt (RETAL) _ S TOTAL Sit AREA JOL3162B 9 (249 JAC) RMfWe P4? Y Nj •* • M Bil`ML • Y 1.? w7l.e. f... ax•. . f¦. I4A• AA.. ' .I.W .e fMy Ae .MARE 0.-,N w w;p;} ¦ w.Nw mtos' '` 2-r 1 7s e2- I2- IRE Y ¦x iElaut u AR•;Y Yii7<}R Y?Y ¦ "¦.n.. UAW. N KIExON CAIDM:APE AREA 513177 Sr. (ILIM 4.67t18 St. (ILO r - ^* A. FLOW AREA 2170!00 9 (OD FAR) 4unco St. (0781 5137&15 V. (G•_ :ASP) P..eA ! sw amen. - U ALL EDS19r. SOLACE ¦LLM BRWOIT INTO EOMPL'ANCE NIN CURRENT CODE. __ xQ E NO ADOI9O AL 904ACE PROPOSED WIN 114S PROtCT. 14. ALL CN-STTE UTEAm MUSE BE UPCERGRO NIX AND, E aT"c AROQ ODINO alum a-SITE ARBT BE RImm ISSUED FORPERMrr NGONLY 1681E DATE:8775L8 4 OF 8,?; " Jan 12 07 01:04p G*ta Services, inc. '/e'/44u4jb4 0 p* e 29 S., . 15 E. W.O. 3421.3 SECTION P?NELL,AS COUNTY,GFLORI A SKETCH-OF-LEGAL 100' R /w _ GULF TO BAY BOULEVARD_ - - T 1 NO HW S AQRN£R WEST(P) 432.12'(P) l A ac 1 . N90 000 E 281.98' z < ? T33 o N -1 WEST, z 50.0 0 cn n? r N 0 1 o N o GV P J F I° Z a I O O A `? pA 00 A (ALP ?C? w O y O O ? - m 1' m I? E r2 P N 90 00 00 E 238.$5 O C) N ww QP N W PARCEL A T "A" j °- N I ° Z . ' D N z TRAC C7 I 0 L4 `'± 0 o w D\ s N O? w ° Z I S 90-00'00° W 238.15' m 43.97' o o 0 fTl 1 Z 1 I N 90-00 00 282.12 6 \ D SOU7NERLY BOUNDARY Of PARENT PARCEL p C __ rq I WEST 282.12' " U' rrl CO o __- z --------------?--- S 90-00'00 W C o? 150.00 1 0 frl o? N s 1 NOT INCLUDED N I 1 EAST(P) 432.12'(P) - o - 1 CENTRAL BOULEVARD 0 a 60' R/W o DESCRIPTION ON SHEET 2 Cli ORAWNBY.• J.S.B. 11 2007 GEODATA SERVICES INC. r J $ DATE , y anua -? N CHECKED BY 1822 DREW ST. SUITE 8 ?oeNO.: 342 CLEARWATER, FL 33765 ?1 r P PHONE: (727) 447-1763 4 o 6 SHEET 1 Of 2 LB 7466 4. NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Exhibit C Page 1 of 4 Jan 12 07 01:05p G?data Services, Inc. 7274464364 . p.3 W. 0. 3421.3 SECTION 14WELL/AS COUNTY, GFLORIDA SKETCH-- OF-LEGAL P DESCRIPTION (PARCEL A): A portion of the following described parent parcel: North 2.0 asereco ded 4'In PloteBt of ook T 9. page 100,Rof tLAT he PublliicOR cords off Pine as CouBEAUntTIFUL, Florida. LESS the North 150.0 feel of the West 150.0 feet thereof; AND ALSO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest comer of said TRACT "A", thence along the westerly line of said TRACT "A S 02'3000" E. a distance of 150.14 feet to the POINT OF BEGINNING: thence departing said westerly line, N 90'00'00" E, a distance of 238.15 E o feet; thence S 02'30'00" E, a distance of 132.13 feet to o point on the Southerly n boundary of the above described parent parcel; thence along said Southerly boundary, 00 S 90'0000" W, a distance of 238.15 feet to o point on the westerly boundary of the above described parent parcel, also being o point on the westerly line of said TRACT g "A": thence along said westerly line, N 02'30'00" W, o distance of 132.13 feet, bock N to the POINT OF BEGINNING. N Containing 0.722 acres more or less. C 0 SKETCH ON SHEET 1 o • SURVEI(OR'S CEFMRCA ION N 1, DENNIS J. EYRE. THE SURVEYOR IN RESPONSIBLE CHARGE, HEREBY CERTIFY A THE SUR' VEY REPR ARE ACCURATE TOE THE AKNOWLEDGEND THAT CERTDY KETCH 0 THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027. n FLORIDA STATUTES (OR RULE CHAPTER 61Gt7--6..., F.A.C.) SURVEY NOT VALID UNLESS SEALED WITH AN EMBOSSED SEAL N a O 0 NNIS J. EY S. FLA No. 2865 I DATE: Jo UOry 12, 2 07 0 0 n a DRAWN BY.- J.S.B. o DA7F. January 11, 2007 GEODATA SERVICES INC. N cHECK£D er. 1822 DREW ST. SUITE 8 roe No.: 34 CLEARWATER, FL 33765 Ll 2 PHONE: (727) 447-1763 ?. a SHE£J 2 OF o LB 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION Exhibit C Page 2 of 4 Jan IL U'/ UI:USp U'?data Services, Inc. 7274464364 p.4 Eo N M] id 0 N z v m hi Eo c c 3 0 W 0 3421.4 SECTION 14, . . COUNTY, FLORIDA PN SKETCH- OF-LEGAL NORTHEAST CORNER 100. R/W OF TRACT A" GULF TO BAY BOULEVARD NORTHiwsr CORNER NORTHERLY LlN£ OF TRACT A' of T RA 12'(P) 432 A C. . WEST(P) I N 90'0000 E 281.98 O N Ip - V1 0 o TOT, cn 0 1- WES7FRLY BOUNDARY Z o 2 a I O N r`; woo " P ?0 5 OF PARENT PARCEL 0 p pG G?,vO z W° m z i i o 2 ?? PARCEL B wU o ?'° a rn ' N ?? p p , I r*1 88.01 N 90 00 0' 0" E P-0.9-S 90'00'00" W ° I rn ti -p ?- I` Z 238.15'? P O z TRACT "A" GV fia G I ??VI c;,^' 43.97: I r°a-• AGG?-?E 90'00 00" oN ?aapk, ?GF- rawo S W o w p (/) D z I , ` o ' o W \ I cnOD Z a PP?QP WP Ch S 90100,00" W 238.15 0 c w a ~ i> <? \ D I N 90'00 00 E 282.12 SOUTHER[ Y BOUNDARY 0 PARENT PARCEL o ya Z C I < I WEST 282.12' cn ?? Z C ________ ----- ---- o?o --- -- vi S 90'00 00 ? o0 150.00' W 03 o M °- TRACT 10 A" -V T INCLUDED NO v SOUTHERLY BOUNDARY OF PARENT PARCEL 432.12'(P) EAST(P) ? - - - - - LEVARD L B 1 CENTRA G MW DESCRIPTION ON SHEET 2 DRAWN BY.' J.S.B. DA7t.' January 11, 2007 GEODATA SERVICES INC. CHECKED BY 1822 DREW ST. SUITE 8 roe No.: 4 CLEARWATER, FL 33765 . = SHEET of 2 PHONE: (727) 447-1763 LB 7466 NOTE THAT THIS ORAIMNG MAT nAVt efcen n??cnw .. ..? ••_• Exhibit C Page 3 of 4 t Jan 12 07 01:05p data Services, Inc. 7274464364 p.5 W.-O. 3421.4 SECTION 14, TWP. 29 S., RGE. 15 E. GAL PINELLAS COUNTY, FLORIDA SKETCH-OF-LE DESCRIPTION (PARCEL 8): A portion of the following described parent parcel: The r cordedlin3Pott Book 19Tpage 100, ofRthe LPublliic Records "of Pinelllos CouBnty,UFllorida,as LESS the North 150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A", thence along the westerly line of said TRACT "A', S 02'30'00" E. a distance of 150.14 feet; thence departing said westerly line, N 90'00'00" E. a distance of 150.14 feet to the POINT OF BEGINNING; thence along the westerly boundary of the above described parent parcel, N 02'30'00" W, a distance of E 150.14 feet to a point on the northerly line of said TRACT "A": thence along said northerly ,v° line, N 90'00'00" E, for odistance -of 281.98 feet to the Northeast corner of said TRACT "A thence along the easterly line of said TRACT "A", S 02'30'00" E. a distance of 342.33 m feet to a 'point on the southerly boundary of the above described porent parcel; thence no along said southerly boundary the following three (3) courses; (1) S 90'00'00" W. 150.00 N feet; (2) N 02'30'00" W, 60.06 feet; (3) S 90'00'00" W, 43.97 feet: thence departing said southerly boundary, OO to " the a POINT distance BEGINNING. 132.13 feet; thence S 90'00'00" W, o distance of 88.01 feet back a Containing 1.765 acres more or less. SKETCH ON SHEET 1 SURVEYOR'S CERTIFICATION: HEREBY CERTIFY THAT L DENNIS; J. ME, THE SURVEYOR IN RESPONSIBLE CHARGE, o THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROUND SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, a FLORIDA STATUTES (OR RULE CHAPTER 61617--6,.., F.A.C.) SURVEY NOT VALID j UNLESS SEALED WITH AN EMBOSSED SEAL. a A NNIS J. EYRE, S. FLA. EG. No. 2865 ! DATE: JO ry 12, 2007 0 0 n DRAWN 6Y S. B.. o DA E January 11, 2007 GEODATA SERVICES INC. N CHECKED BY. 1822 DREW ST. SUITE 8 E ?OB ND.: 3 1 CLEARWATER, FL 33765 o L SHEET 2 of 2 PHONE: (727) 447-1763 ?. o LB 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Exhibit C Page 4 of 4 V".,. 0 C Wells, Wayne From: Wells, Wayne Sent: Wednesday, September 05, 2007 12:20 PM To: 'abdi_ boozar@pilotconstruction.com' Subject: RE: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. Abdi - I have again talked to Steve Doherty and we still ask you to research when the grant of easement was recorded in the official Records (OR Book and Page). If it is public, the only way to remove it is to have the property owner submit a vacation request to have City Council vacate the easement. If it is private, then we are not involved and what you have recorded is sufficient. However, we need to know when it was granted and recorded to see the document so as to determine whether public or private. I am out of the office this afternoon and the rest of this week. I will return on Monday. Wayne -----Original Message----- From: abdi_boozar@pilotconstruction.com [mailto:abdi_boozar@pilotconstruction.com] Sent: Tuesday, September 04, 2007 11:12 AM To: Wells, Wayne Subject: Re: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. Wayne: To the best of the records the easement was issued for the purpose of the out-parcel's access to the main site back when main site was a grocery store and nothing but, once the building was built and the way it was set in site there was no reason for the said access easement. I trust the issue of the easement is closed at this time. Truly Yours, Abdi R. BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original message ----- From: "Pilot Construction" <pcti@pilotconstruction.com> To: "Abdi Boozar" <abdi_boozar@pilotconstruction.com> Sent: Tuesday, September 04, 2007 8:44 AM Subject: Fw: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. > ----- Original Message ----- > From: <Wayne.Wells@myClearwater.com> > To: <pcti@pilotconstruction.com> > Cc: <Steve.Doherty@myClearwater.com> > Sent: Thursday, August 30, 2007 1:16 PM > Subject: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. >> Abdi - >> I received the warranty deed recorded in 1974 you sent to me with regard >> to the Vacation and Termination of Easement for your property. I have 1 a » shown this document to A Doherty with the Engineering4leepartment, who >> handles the vacation of rights-of-way and easements to City Council. >> What we have been able to determine is that the easement is mentioned in >> the legal description of the property, but is not the grant of ingress >> and egress easement. Steve asked for you to research prior to this deed >> to find where the grant of easement was originally recorded. Once you >> find that, please send it to me so we can determine if it was or was not >> a public easement. If a public easement, City Council would need to >> grant the vacation of the easement. If a private easement, then you can >> vacate and terminate the easement. >> Wayne 2 Wells, Wayne From: Doherty, Steve Sent: Wednesday, September 05, 2007 7:49 AM To: Wells, Wayne Subject: RE: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. Is easement public or private? If it is public the only way to remove it is to have the property owner submit a vacation request. If private, then we are not involved. Is the easement interfering with the owner's ability to develop/use the property? -----Original Message----- From: Wells, Wayne Sent: Tuesday, September 04, 2007 5:41 PM To: Doherty, Steve Subject: FW: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. Steve - What is an appropriate response? Wayne -----Original Message----- From: abdi boozar@pilotconstruction.com [mailto:abdi_boozar@pilotconstruction.com] Sent: Tuesday, September 04, 2007 11:12 AM To: Wells, Wayne Subject: Re: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. Wayne To the best of the records the easement was issued for the purpose of the out-parcel's access to the main site back when main site was a grocery store and nothing but, once the building was built and the way it was set in site there was no reason for the said access easement. I trust the issue of the easement is closed at this time. Truly Yours, Abdi R. Boozariomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original message ----- From: "Pilot Construction" <pcti@pilotconstruction.com> To: "Abdi Boozar" <abdi_boozar@pilotconstruction.com> Sent: Tuesday, September 04, 2007 8:44 AM Subject: Fw: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. > ----- Original message ----- > From: <Wayne.Wells@myClearwater.com> > To: <pcti@pilotconstruction.com> > Cc: <Steve.Doherty@myClearwater.com> > Sent: Thursday, August 30, 2007 1:16 PM > Subject: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. >> Abdi - 1 4 I received the warranty lod recorded in 1974 you sent to llie with regard to the Vacation and Termination of Easement for your property. I have shown this document to Steve Doherty with the Engineering Department, who handles the vacation of rights-of-way and easements to City Council. What we have been able to determine is that the easement is mentioned in the legal description of the property, but is not the grant of ingress and egress easement. Steve asked for you to research prior to this deed to find where the grant of easement was originally recorded. Once you find that, please send it to me so we can determine if it was or was not a public easement. If a public easement, City Council would need to grant the vacation of the easement. If a private easement, then you can vacate and terminate the easement. Wayne 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, August 30, 2007 1:17 PM To: 'pcti@pilotconstruction.com' Cc: Doherty, Steve Subject: Ingress/Egress Easement on 1721 Gulf to Bay Blvd. Abdi - I received the warranty deed recorded in 1974 you sent to me with regard to the Vacation and Termination of Easement for your property. I have shown this document to Steve Doherty with the Engineering Department, who handles the vacation of rights-of-way and easements to City Council. What we have been able to determine is that the easement is mentioned in the legal description of the property, but is not the grant of ingress and egress easement. Steve asked for you to research prior to this deed to find where the grant of easement was originally recorded. Once you find that, please send it to me so we can determine if it was or was not a public easement. If a public easement, City Council would need to grant the vacation of the easement. If a private easement, then you can vacate and terminate the easement. Wayne PBP of Clearwater LTC August 27, 2007 Wayne M. Wells, AICP Planning Department City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Re: Development Order - Case FLD 2006-07044 1721 Gulf to Bay Boulevard Dear Mr. Wells: ORIGINAL RECEIVED AUG 2 9 2007 PLANNING DEPARTMENT CITY OF CLEARWATER Per your request, in reference to the Vacation and Termination of Easement I sent to you last week, enclosed please see a copy of the originally recorded deed for the subject property for your review. You said it was necessary to determine if the access is private or public. Thank you for your assistance with this project. If you have any questions or comments please do not hesitate to call me at 727-725-2550. Sincerely, PBP o CLE?RW TER, LLC A i . Boozar-Jome Managing Member cc: Emil Pratesi Keith Zayak 685 Main Street, Suite A - Safety Harbor - Florida - 34695 -727-725-2550 - Fax 727-725-2317 ?? s xao _EU,sca.< < Qbnlo 7.4-095257 u r - . rc il a •ascm + ' a id. 3 30 F-jd'14 _ sPSO1nr, WAR.1t1iNTY DMM • J e.L4.931 EfPS 'a'1'l3? ?81ti7IlIBTp I a made Ills P- .day of 17uIX . 19741}otweim •n : _:? +; : - . f,1PF YN,9[tIt6I?tt;$-CDli?9BlY ?'B. totporatiaa eztat#X??'taudar the . '_' ?:?:-. ::?latveihlthe ?CaaaaariWdal$•aFPa?sgIvt?Ba heYingita priaaiPalp?ecd`1it:sfa • . ---' ti _*5L s';r,? ?'IIatY of P7sfZade2?hfr and Cammonwenltb=Otpenusyi?aiui¢ FUr,I'IriiYf_ii'athar-' ;,r. y '° r Ijessl t0 transenF lnisi of tal•tlie Steii Of PYarida. ' .LHOPB? 'II'I26r, a partnership of the C &M3 p_ Of the first Party :rf•:?:••''t?ieftecond. ?? 1PZl$SSlldstflt917fM0?(?r'?,dYt?Qf -'?L•?.'? part, tivith o cue at 30 Amltlesina Zriva,,BtBair, ale t :. C'El .71 E. . ;:,: •x_: ?'ltstthessirlpar?y offhefirmtpart, frx?i?r?=dsrEhega th$??t'oE?'? ,''?L; t x r „ :!_ •• ;T't? nolGZA'tt.4* ($ua 013) and-aftr goad and valudble oansidearafl its }f'-, sar?part? nrs?e ?aa'Pdrt, try, taftaa;a a J=`a +,:' xeeQigftabereofinbardWl r 3{?r ecj' d _;• y, r _} h.a granted, basgsined and patd to the raid B?t9 ?tl?e svzondpgt? v • ?" : a, d sssignafbrevPr; the foUvwing desanbed land rutmats, Vy g he?z? tbeing?s? _ a ,.. ;_- a Cou y of PineUn eAd Mate oi'-b10rg$Ra 10 wit: 330SIZI sing st tie Spufhweet cam of It re-pkt of Plark D br. :-M ,•'.'.+ ?9abarb 8esatml an xeoardedIn-Plat Baak 19, pnge 1% or t `t y s !} . S 9thaFiab7ic 3tec'0rde aEPineUas•Cou1?lJi, Florlclst tau then as .; . ?.•• ,art+? -:? 44th eighty- nice (8135 degrees four (4) Ir inutea fi#Cy: (69) ?` e:?`i``r :£::'?: eeaos:de Best'nlmiglhe t3omtl}lime dt;)3ldak.D', threebundred " '• -_ 1, , ti?K?-.. ,? .,.•?. -?.' tem'$nd'twelve o(ca Iadtndrsdths (310.1$) feptiu the Southwest L - T•4? VIA; i L'. , - p er aY Nutaery Pdr '88 rion ded 3A Plat ZWI 281 Page 61, ' \ c ."+f -:- - -:,,.- of `thB Pul?ila•$edw?O of Pinelt8e•Got&ty., Plmfda [ w-htl ; z ' =; ; r, r-?xx:F,' :e; ` '4 ?TOrm a:.e (1)•degr..$#3:frtY?s16 (365 miautefl My'(60j.aeamds ?`. 1't ~ _ • S9 eat along the Weatiiue-of*ursety Park two hundred fagtp s f ? - - (240) feet to the NorMwest Cdraerf tbanee Nord, e!Sbfy-rdne _ (89) degree's tpnr t;?) minmtes'fiftY •{;10) aes.•aads l'Jest, one' • ?' `?? .i .hundred nizir amd twelve and hn.&vdit (160.12) feet: ;. _.thenre,tl lfomUiare (1) degree thirty-six (20) mira&s.fty'(6U) _sei_ag?tjd West. cola h:mErid dAy {160) feeti then North eighty nin ? . e 199) dd ees four 'd t -- gr (4) m4putes fifty (80 aeamda West, ;aaa hundred fifty (I tiQ) feet to thst West Ilan of said BIaek D; thrnae r$? '? 3enxho»a (1) de?reathirtp-six_(SB?nninuFes. :(6Q) zmnds 4"y c Bsst, fmii hundred: (400) feet til the Paint of Pegianing; tngetltea iffmh perpetgsl easement for fagress and egroso Ever the North -R M p &Iu -Ib= (34) feet of tit, 6gdth foot Irandred thirty-four (434) feel cf•the Vast me hundred fits (160) feet of seidBlo& D of $DRIIRSSSe?TIZ'IP[JL. &ubjeettoconditinas,restrictions, , •1hi tstioms, ebaomento and zonttg crdiaempeea afzeeprd, the ' lira cravy taus wliteh maybe duo'but not yet payWe as won - ? ' ? ' es ;he fnlltiWing xeatx3ctlan - - • . '•' 't` ' ' ry??3! eept?ce of Lida deed, tbe??rly o£ the served pdrE agrees for itself, ' ' - '?" p 'tiz`tp supnessors aid a.%Wkns. t±+n!it hsFlmot asoorpettiaittabe urged thegremiaeg Iie?dis'beds ar ®,y paraan thereof ss a greaerg stare cr tar the retai`Isa'fe'- • ...''' +?9 ogsvy friod.os food pnldusts or dakypzrdmots; hawevor, such ro may b ' ae:a restaurant and for vandthg machine sales of proseased feed prodmats • 'anstomary in aaY_c4v nA i - type budding: •' ..The aliovezedted. restHcHon is for the ben4t a PME1Fair Storea, aria. -0 (a}ujq a parties 4eraato Intend to confer upon•Booii:Pair Stores, hic. the 3rlghts ofa , ? tltsirdparty betisS.Cia`ry'witfi respect iD ess£araeanent of itze atareaientivaed-use; .. .. _ t .restc4Ctlan. •• Gil TE '`! - !. '? ` •.EE!!fZOF aEYEadF.` • •C :??•G_: .. (''•^'• - yr _ ••`'`' : JuLl27{ .r' ;,r1.`,-??.r'?• =tam f, - '.CblE deed shall net raimposa any restrictions of .W&d wMcb map no Langer T#e in atteot. ' Anti the maid PAM af tl&flratParty c oUnts thatit hag notmnde, done, nnmmfttpd, Executed pr snf6ern4 emy ark ar sus. thing t things vrhataoever,_wbLjtg- by dn: Dymeens wkeeeotthe abovemeptiened oad deddcr ed prmtpea, or wW Pert as w::parcel tldereaP, now area or et nay t3ddte hrrestier shall trr msp be impeached rhaYged '07-,cm encumbered; fh PAY mm?twr tir wSafso4ver; ' abnCs ?e BE????(' Vii; p?t•hue cmdsed. [here , ' = -''''' ,ruts lse signed snag; M .:, 4, end ilia CarpdaddB tiealo;Tia P? • ?- estetl? r?tt1YitE<setxet°gzyr? igo;KTa?+ eSdyg_ atiaFe_nrriEtt a. _ ' t., ;-:'?. '• - erg;:. cl? • -. Cie f3Itw ???. aetmndt 8 D • ee`nc,,s„? i pa - a -, aoe _ Fen eat, - ' ?{z???`;s' Id IMA AND XMbYXM (- ?5&.?f$ii[.k3 CW ITS. ' . '? .s .r'= ??-••.' C? ` 1 ?s?'' ? _ - . • • , _ •?- -;}. aye" .: =.Vry, ?? v..r"i, hie•?astrument i. ?} •'• a PTeP by Carl . urumiman$ m $. SCa2IIdp?j9,i?ti:; a ?,- -,Philadelnht P , 3175 7o;m r CO2 M[lNSgM= QF 7MMSYLVAM& " t - ,, ? _ ?t? :?' 3_ • • i hereby mrMy old on thin q flay of ,Tu; , D_ 987# - - , tdd ore me personally appoured Jumh A. Hoadwl . • md• PengaaneLi. A'AleMi4ro M*ePaesidedit and 9>iajsfdtat Bee`ret?y:; i " ;respectively cfTH13 ._,_.. AL 7,IFS INSUaANL E C03iPAIlY* ender ths7srTS of the Cammanwdalth gf Penvkylvmik to ode bWWn to be the pe=MS W.ba signed, the T 3aatrnn W as 9uett cWmErs and severally iwarnoarledged the eaeautIdiA ibereoi to' A all ' ; "frees Act and deed 33ssaeh,ctiWera fa-r Ciie es ends pnrpnam thhraln d • e xedj?s?s?retu+lh,eya i'ae?sl?ofs +e1cp _,.audthatthe , =motPAtMO MA ii icisi seal et 7:,iladelP7sia S(t the Cmtaty of PStUWnY ° `' n l to - r, and cumwie` r or Penney Illu the dry and year last cfortmaid. ?. My comminalm emidres: Not;" Pobhc - • ;_ EamnFnnb Ab tbmme?en CntAts Matti 9B. Im, ` • . ?'a carpuratton , / ?o'. "OtB17 PuMO W. 16 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, August 22, 2007 4:50 PM To: Wells, Wayne Subject: 1721 GTB Wayne, I received your voicemail; I believe that all the owner need do at this point is to record the instrument in Pinellas County Records. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources 0 PBP of Clearwater, LLC 0 oRrGrnr,? R?C,EWS August 20, 2007 Wayne M. Wells, AICP Planning Department City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 Re: Development Order - Case FLD 2006-07044 1721 Gulf to Bay Boulevard Dear Mr. Wells: AUG 2.12001 PL4NNING CINOF CLOEPARTMEW TER Pursuant to Section 4-206.D.6 of the Community Development Code Conditions of Approval, Item 3, please see, for the City's approval, the enclosed final draft of the Development Agreement between the City and PBP of Clearwater, LLC incorporating the on-site parking restrictions for the project as mutually agreed. Please advise your approval so we can record the duly executed copy of said document in Pinellas County Records. Also, in compliance with the Conditions of Approval, Item 2, enclosed please see the recorded document vacating thpingress/egress easement along the north property line. If yo a e ny questions or comments please do not hesitate to call me at 727-725-2550. Si, ce?el P6P of ??L A1WATER, LLC Wild fiq McMber cc: Emil Pratesi Keith Zayak 685 Main Street, Suite A - Safety Harbor - Florida - 34695 - 727-725-2550 - Fax 727-725-2317 Prepared by: Emil G. Pratesi Richards, Gilkey, Fite, Slaughter, KEN BURKE, CLERK OF COURT Pratesi & Ward, P.A. PINELLAS COUNTY FLORIDA 1253 Park Street INST# 2007211248 06/22/2007 at 01:08 pM Clearwater, Florida OFFRECSK:15854 pG: 1176-1179 DocType:TERM RECORDING: $35.50 VACATION AND TERMINATION OF EASEMENT ti- ° F- W Q! The Undersigned parties, being the respective Owners " " o 3 of the Properties described in Exhibit A attached hereto, ("Properties") being the benefited property and parties to Q U that certain Easement referenced in Official Records Book W 0 Z 4193, Page 1238 of the Public Records of Pinellas County, C0 _ Z Florida ("Easement") for value received, the receipt of Q U which is hereby acknowledged, do hereby agree as follows: 1. The Easement is not needed or required to serve the Properties intended to be benefited by the Easement and the Parties, for themselves, their successors and assigns do hereby terminate and vacate the Easement effective as of the date hereof. 2. This Vacation and Termination of Easement is effective on the date of the full execution hereof. 3. This Vacation and Termination of Easement is binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF the Undersigned have executed this Vacation and Termination of Easement effective as of the _ day of 'So,-3 i 2007. j X /t Name : j,?: . 1 i?`?( ... Na ?Y1/k?f 4 2e/O<oc_`C PBP OF LEARWATE LLC, a Florid Li4ni"ted Liability Compa y; V, By: Its Flor Name: ???? G• ??? Y N a . (LY... KA ^1 q (?c/t? 6 G I R /////Bbo' ...,:r •7cmc'sir So e Member , , N OFFICE LLC, a a L"rrii ed Liability ny/ ` Z RBooz r=Jomehri aging Merger STATE OF ??m?2?p? ja iSC?-S COUNTY OF i RI CS2, LLC, a elaware Limited Liabi ty t Company A By: " hard null: 'S Its: xecutive ice resident, Portfolio Management I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, ABDI R. BOOZAR-JOMEHRI as the sole member of PBP of Clearwater, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Vacation and Termination and he acknowledged then and there before me that he executed the same as such member on behalf of said limited liability company for the purposes therein expressed; and that the said Vacation and Termination is the act and deed of said limited liability company. WITNESS my hand and official seal this IS day of Jca.a L' , 2007. ,,~aY:? Mary Kanarvogel -' Commission # DD518986 ? Expires March 8, 2010 .i,Fi1 Bonded Troy Fain • Insurance, Inc 800.3857019 STATE OF ?-_Lol2-k-OA COUNTY OF P I n't U-A4 Na Notary Public Commission No. My Commission expires: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, ABDI R. BOOZAR-JOMEHRI as managing member of DUNCAN OFFICES, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Vacation and Termination and he acknowledged then and there before me that he executed the same as such member on behalf of said limited liability company for the purposes therein expressed; and that the said Vacation and Termination is the act and deed of said limited liability company. WITNESS my hand and official seal this 1 X day of j U ,J Lt' , 2007. ,Q?gY•P??; Mary Kanarvoge Commission # DD518986 Expires March 8, 2010 ri r` Bonded Troy Fain -Insurance, Inc. 800-3857019 Nam - Notary Public Commission No. My Commission expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared V)lchay-d Col In Name(s) of Signer(s) State of California County of Saln Dieq? ?( On ?1 U 2-i Z.QO-1 before me, I`? Z?ly rzt ??,5, Jvo1 d??? Date ---r Name and Title of Officer (e.g., " ne Doe, Notary Publi ) Q'personally known to me ? (or proved to me on the basis of satisfactory evidence) ? AMYRA RA FLORES CORNniE M # 1649204 nli Notary Public - CoNomio Son Diego County MY Comm. Expires Mar 4, 201 to be the person) whose name is/are-subscribed to the within instrument and acknowledged to me that he/sheAbey executed the same in his/4e##w, r authorized capacity(.k*,, and that by his/4eOtheif signature on the instrument the person(,4, or the entity upon behalf of which the personVacted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature _02?? gnat r o Not' ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: ? Attorney in Fact ? Trustee ? Partner - ? Limited ? General Capacity(ies) Claimed by Signer(s) Signer's Name: ? Individual ? Corporate Officer - Title(s): ? Guardian or Conservator ? Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ? Individual ? Corporate Officer - Title(s): ? Partner - ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: WON: Top of thumb here 0 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-676-6827 EXNl81T--d- PARCEL l: The North 15o feet of the West 150 feet oPTract "A", ofRE•PLAT OF BLOCK "D" OF SUBURB BEAUTIFUL, according to the map or plat thereof as recorded in,Riat Book 19, Page 100 of the Public Records of Pinellas County, Florida. PARCEL 2: A portion of the following described parent parcel: The north 342.0 feet of TRACT "A", a REPLAT OF BLOCK "D" of SUBURB BEAUTIFUL, as recorded in Plat Book 19, Page 100, of the Public Records of Pinellas County, Florida. LESS the North 150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said "TRACT All, thence along the westerly line of said TRACT "A", S 02° 30' 00" E, a distance of 150.14 feet; thence departing said westerly line, N 90 ° 00' 00" E, a distance of 150.14 feet to the POINT OF BEGINNING; thence along the Westerly boundary of the above described parent parcel, N 021 30' 00" W, a distance of 150.14 feet to a point on the Northerly line of said TRACT "A"; thence along said Northerly line, N 90100' 00" E, for a distance of 281.98 feet to the Northeast corner of said TRACT "A"; thence along the Easterly line of said TRACT "A", S 020 30' 00" E, a distance of 342.33 feet to a point on the southerly boundary of the above described parent parcel; thence along said Southerly boundary the following three (3) courses; (1) S 90100' 00" w, 150.00 feet; (2) N 021 30' 00" W, 60.06 feet; (3) S 90° 00' 00" W, 43.97 feet; thence departing said Southerly boundary, N 020 30' 00" W, a distance of 132.13 feet; thence S 90° 00' 00" W, a distance of 88.01. feet back to the POINT OF BEGINNING. _„ • ? Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Wednesday, August 08, 2007 6:51 PM To: 'abdi_boozar@pilotconstruction.com' Cc: Keith Zayac (E-mail); 'epratesi@richardsgilkey.com' Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Abdi - I and Leslie Dougall-Sides have reviewed your revised document and have no other issues with it. The following change is recommended to replace the language of Section 6.1 in the proposed Declaration: 6.1 Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel's B use shall be restricted as follows: Prior to the issuance of any remodeling permit to provide for the occupancy of anew use or prior to the issuance of an occupational license for a new use of the building, the proposed Tenant shall submit evidence to the Planning Department documenting the proposed Tenant will be a single purpose entity using the entire 22,209 square-foot building for the retail/wholesale sales in a manner similar to West Marine and/or devoted to the display/sales of large items, with a minimum of four service bays, a minimum of 4,700 square feet of storage/warehouse area accessory to the primary use of retail sales, a maximum of 10 employees on the largest shift, no outdoor display/sale of products and a maximum of two delivery vehicles. Documentation may include other locations the proposed Tenant presently operates and traffic impact studies of such other locations, showing similar parking characteristics as West Marine and showing a peak traffic demand during weekdays between the hours of 9:00 am and 7:00 pm would not exceed 22 occupied parking spaces. The Planning Department may consider modification of the above standards or other standards of review to determine similarity of use. Wayne -----Original Message----- From: abdi_boozar@pilotconstruction.com [mailto:abdi_boozar@pilotconstruction.com] Sent: Wednesday, June 20, 2007 11:01 AM To: Wells, Wayne Cc: Kieth E. Zayac; Emil Pratesi Subject: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Wayne; Pursuant to your comments dated May 31, 2007 and our conversation today attached is the latest version of the Declaration of Covenants, Restrictions and Easement(DRCE), with correction to Section 3.3 the Comprehensive Sign Program and Section 11.7 (now Section 13.7) Modification. We proposed the language of the Article 6.1 as follows: Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. The new Use shall operate in a way that during the week days between hours of 9:00 AM and 7:00 PM the traffic peak demand for the new Use in Parcel B shall not exceed 22 occupied parking spaces. On weekends it is expected the office building would be closed or generating very little parking demand, therefore adequate parking would be provided for the new Use. 8/8/2007 I' *? 0 . 0 Page 2 of 2 The language is taken directly from the Traffic Study, and I trust it will satisfy the City's Requirement. Please review this article and advise. if acceptable to the City so we can formally submit. Truly Yours, Abdi R. BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original Message ----- From: "Emil Pratesi" <epratesi@richardsgilkey.com> To: <abdi_boozar@pilotconstruction.com>; "'Pilot Construction"' <pcti(a?pilotconstruction.com> Sent: Thursday, June 07, 2007 8:20 AM Subject: FW: Copier Scanned Document- Declaration PBP/Duncan >I have made changes to sections 3.3 and 13.7 to accommodate the changes the > City requested. It appears that the only remaining change is the parking > restriction. I have not sent this change to the City pending language for > the parking restriction being incorporated. > -----Original Message----- > From: eoratesi @richards ig lkey.com [mailto:epratesi@richardsgilkey.com] > Sent: Thursday, June 07, 2007 9:17 AM > To: ppratesi@richardsgilkey.com > Subject: Copier Scanned Document > Please Open Attached File > Emil Pratesi 8/8/2007 1? .- 0 0 Pagel of 3 Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, August 08, 2007 12:10 PM To: Wells, Wayne Cc: Clayton, Gina Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd This looks complete and sufficient, Wayne. I do not have any additional comments. -----Original Message----- From: Wells, Wayne Sent: Friday, August 03, 2007 11:19 AM To: Dougall-Sides, Leslie Cc: Clayton, Gina Subject: FW: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Leslie - Different than what has been submitted for our consideration in the proposed Declaration (see email train below), I am suggesting the following revised language for Section 6.1: 6.1 Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel's B use shall be restricted as follows: Prior to the issuance of any remodeling permit to provide for the occupancy of a new use or prior to the issuance of an occupational license for a new use of the building, the proposed Tenant shall submit evidence to the Planning Department documenting the proposed Tenant will be a single purpose entity using the entire 22,209 square-foot building for the retail/wholesale sales in a manner similar to West Marine and/or devoted to the display/sales of large items, with a minimum of four service bays, a minimum of 4,700 square feet of storage/warehouse area accessory to the primary use of retail sales, a maximum of 10 employees on the largest shift, no outdoor display/sale of products and a maximum of two delivery vehicles. Documentation may include other locations the proposed Tenant presently operates and traffic impact studies of such other locations, showing similar parking characteristics as West Marine and showing a peak traffic demand during weekdays between the hours of 9:00 am and 7:00 pm would not exceed 22 occupied parking spaces. The Planning Department may consider modification of the above standards or other standards of review to determine similarity of use. I have structured the above language to have some empirical guidelines that can be more easily reviewed, but allows for the modification or use of other standards to review the proposed new Tenant. Do you have any thoughts on my revised language? Also look at the changes made to the attached document based on prior review comments. Thanks. Wayne ----Original Message----- From: abdi_boozar@pilotconstruction.com [mailto:abdi_boozar@pilotconstruction.com] Sent: Wednesday, June 20, 2007 11:01 AM To: Wells, Wayne 8/8/2007 ;,? • • Page 2 of 3 Cc: Kieth E. Zayac; Emil Pratesi Subject: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Wayne; Pursuant to your comments dated May 31, 2007 and our conversation today attached is the latest version of the Declaration of Covenants, Restrictions and Easement(DRCE), with correction to Section 3.3 the Comprehensive Sign Program and Section 11.7 (now Section 13.7) Modification. We proposed the language of the Article 6.1 as follows: Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. The new Use shall operate in a way that during the week days between hours of 9:00 AM and 7:00 PM the traffic peak demand for the new Use in Parcel B shall not exceed 22 occupied parking spaces. On weekends it is expected the office building would be closed or generating very little parking demand, therefore adequate parking would be provided for the new Use. The language is taken directly from the Traffic Study, and I trust it will satisfy the City's Requirement. Please review this article and advise if acceptable to the City so we can formally submit. Truly Yours, Abdi R. BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original Message ----- From: "Emil Pratesi" <epratesi@richardsg---y.com> To: <abdi boozar@pilotconstruction.com>; "'Pilot Construction"' <pcti (?t?ilotconstruction. com> Sent: Thursday, June 07, 2007 8:20 AM Subject: FW: Copier Scanned Document- Declaration PBP/Duncan >I have made changes to sections 3.3 and 13.7 to accommodate the changes the > City requested. It appears that the only remaining change is the parking > restriction. I have not sent this change to the City pending language for > the parking restriction being incorporated. > -----Original Message----- > From: eoratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] > Sent: Thursday, June 07, 2007 9:17 AM > To: epratesi@richardsgilkey.com > Subject: Copier Scanned Document 8/8/2007 , 9 0 Page 3 of 3 > Please Open Attached File > Emil Pratesi 8/8/2007 This document prepared by and should be returned to: Emil G. Pratesi, Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 Park Street Cleanvnter, Floridn 33756 DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS OF PBI"/DUNCAN THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made and entered into as of this day of 20_ by P B P OF CLEARWATER, LLC, a Florida limited liability company (the "Declarant"). RECITALS: A. Declarant is the owner of certain property located in Pinellas County, Florida, as more particularly described in Exhibit "A" attached hereto (the "Property"). B. Declarant intends that the Property be developed. (the "Project"). C. The Project, as currently contemplated, is shown on the site plan attached to this Declaration as Exhibit "B" (defined in Section I.1 below as the "Site Plan"). E. Declarant recognizes that for the most efficient development and operation of the Project it is necessary that the development and operation of the Property be integrated in certain respects. F. Declarant by the recordation of this Declaration establishes certain covenants, restrictions and easements with respect to the Project for the benelit of the current and future owners of the Property. ARTICLE 1. DEFINITIONS 1.1. Definitions. When used in this Declaration, the following words shall have the respective meanings set out below. (a) "Article(s)" shall mean the Articles of Incorporation of the Association. Y (b) "Assessment(s)" shall mean the Common Area Assessments and Special Assessments provided for in Article IX of this Declaration. (c) "Association" shall mean and refer to PBP Property Owners Association, Inc., a Florida non profit corporation, together with its successors, legal representatives and assigns. (d) "Board" or "Board of Directors" shall mean and refer to the Board of Directors of the Association. (e) "Building(s)" shall mean the building(s) from time to time existing on each Parcel. (1) "Bylaws" shall mean and refer to the Bylaws of the Association as the same may be amended from time to time. (g) "City" shall mean the City of Clearwater, Florida. (h) "Common Areas and Facilities" shall mean the portions of the Project intended for the nonexclusive common use by the Owners and, to the extent provided for herein, their Permittees. Common Areas and Facilities shall include, without limitation, the following as they may exist from time to time on the Parcels: the roadway and drive aisles as they may exist from time to time on Parcels "A" and "B" which are so designated on the Site Plan, and any other roadways and drive aisles which may from time to time be so designated by the Declarant or the Owners, any common stormwater collection and retention facilities, any common sewer facilities, landscaped areas at entryways, medians and buffers, conservation areas, lighting, common lighting facilities, and any common signs. (i) "Common Area Costs" shall be the reasonable direct costs actually incurred by the Association to fulfill its obligations under this Declaration relative to the operation and maintenance of the Common Areas and Facilities. All Common Area Costs that are considered capital costs or expenditures by generally accepted accounting principles shall be amortized and assessed over their useful lives. 0) "County" shall mean Pinellas County, Florida. (k) "Declarant" shall mean P B P of Clearwater, LLC, a Florida limited liability company, or its successor who is expressly assigned the rights of Declarant under this Declaration by an assignment document executed by the then Declarant, referencing this Declaration and recorded in the Public Records of the County. (1) "Declaration" shall mean this Declaration of Covenants, Restrictions and Easements, as it may from time to time be amended. (m) "Default Interest Rate" shall mean the lesser of (i) five percent (5%) per annum in excess of the "Prime Rate," and (ii) the highest lawful rate. The "Prime Rate" shall mean the "Prime Rate" as published in The Wall Street Journal in its Money Rates Table (or any successor format, whether in print or on-line). If there shall be no such published rate the Board of the Association shall select an alternative method of 0 0 determining the then "Prime Rate" based upon an equivalent rate charged by one or more major U.S. banks. (n) "Drainage System" shall mean all structures including culverts, pipes, and swales required to collect and convey rainfall from the Property to various water management tracts and or related facilities. (o) " Exhibit(s)" shall mean the Exhibit(s) referenced in and attached to this Declaration, all of which are a part of this Declaration. (p) "Member" shall mean a person or entity meeting the criteria and qualifications necessary to be an Owner under this Declaration. (q) "Mortgagee" shall mean the holder of any first mortgage encumbering any Parcel. (r) "Owner" as it relates to any Parcel, shall mean the Person then holding fee simple title to the Parcel. If more than one Person holds fee simple title to the Parcel, all such Persons, collectively, jointly and severally, shall be the Owner of the Parcel. In the event a copy or memorandum of a lease is recorded which provides that the Person holding the leasehold estate as tenant thereunder shall be treated as the Owner under this Declaration, such Person shall be deemed the Owner of the Parcel for the purposes of this Declaration; provided that such designation will not release the Person who would otherwise be the Owner of the Parcel from its obligations under this Declaration in the event of a failure of such tenant to comply with the terms of this Declaration. (s) "Parcel(s)" shall mean, individually or collectively, Parcel "A" and Parcel "B" as more particularly described on Exhibit "C" attached. (t) "Parcel's Proportionate Share" shall mean, with respect to the following Parcels, as follows: Parcel "A" 50% Parcel "B" 50% 100% (u) "Permittees" shall mean the Owners, all Persons from time to time entitled to the use and occupancy of any Parcel under any lease, deed or other arrangement, and their respective officers, directors, employees, agents, contractors, customers, visitors, invitees, licensees, mortgagees in possession, tenants, sub-tenants and concessionaires. (v) "Person(s)" shall mean and include individuals, partnerships, firms, associations, joint ventures, corporations, limited liability companies, limited liability partnerships, and any other form of legal entity having legal capacity. (w) "Prior Restrictions" shall mean those certain restrictions recorded in Official Records Book 4193, Page 1238, of the Public Records of Pinellas County, Florida. (x) "Project" shall mean the project to be developed on the .Property, currently contemplated to be developed substantially as shown on the Site Plan. (y) "Property" shall mean the real property described in Exhibit "A" to this Declaration. (z) "Site Plan" shall mean the Site Plan for the Property, a reduced copy of which is attached hereto as Exhibit "B". Declarant retains the sole and absolute right to modify and alter the Site Plan without the consent of any Owner subject to the approval of the City of Clearwater. . (aa) "Surface Water Management System or Facilities" means those areas of the Property designed to control, detain and retain surface waters, and includes but is not limited to, all inlets, ditches, swales, culverts, water control structures, retention and detention ponds, lakes, Floodplain compensation areas, wetlands and any associated buffer areas, wetland mitigation areas and other tracts set aside or created for drainage purposes pursuant to the Surface Water Management Permit (tile "Permit") issued or to be issued by the Southwest Florida Water Management District ("SWFWMD" or the "District"). ARTICLE U. PROPERTY SUBJECT TO THIS DECLARATION The Property shall be held, used, transferred, mortgaged, sold, conveyed, and occupied subject to this Declaration. The covenants, restrictions and easements set out in this Declaration are to run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of Parcels or portions thereof subsequently executed. It is the intent of Declarant that this Declaration, which grants perpetual easements and provides for their use, maintenance and repair, be perpetual in nature, subject, however, to the terms, conditions and provisions of this Declaration. In the event applicable law prohibits a provision or provisions of this Declaration from being enforced in perpetuity, then such provision or provisions shall be enforced for the maximum time period permitted under applicable law and all other provisions of this Declaration, which under applicable law can be perpetual, shall be perpetual. The Property shall also be held, used, transferred, mortgaged, sold, conveyed and occupied subject to the Prior Restrictions. ARTICLE III. CONSTRUCTION OBLIGATIONS 3.1. Common Area Construction. Declarant shall construct, or cause to be constructed, the Common Areas and Facilities shown an the Site Plan subject to Declarants' right to modify and alter the same from time to time as provided for in Article I(z). 4 0 0 3.2. General Construction Requirements. Each Owner agrees that any construction wort: to be undertaken on its Parcel shall be performed (a) so as not to unreasonably interfere with any construction work being performed on the remainder of the Property, and (b) so as not to unreasonably interfere with and minimize disruptions of the access to, use, occupancy and enjoyment of the remainder of the Project, including, without limitation, the Common Areas and Facilities. Any damage occurring to any portion of the Property as a result of such construction wort: shall be the responsibility of tile Owner performing such construction work or causing such construction work to be performed and shall be promptly restored and repaired by such Owner, at such Owner's sole cost and expense, to the reasonable satisfaction of the Owner of the affected Parcel or, as to the Common Areas and Facilities. 3.3. Siam. There exists a Comprehensive Sign Program for the Property whereby ally sienalte for both Parcels will need to be coordinated as to sire materials and color. A new - - -- -- ------ ------- - -- ---------------------- Comoreliensive Sisrt Program for the Proper-Li, with the ehy of Clearwater shall be established prior to the issuance of any new certificate of occupancy on die Property. The Owners shall cooperate with each other placing any signage on a Parcel and no Owner shall place any sltrnaee oil a Parcel which will have all adverse effect oil any existing slgnage oil the other Parcel without the prior consent of the other Owner, ARTICLE IV. EASEMENTS 4.1. Easements. Declarant hereby establishes, grants and conveys to and for the benefit of all Owners and their respective Parcels, the following easements: (a) Ingress, Egress and Access Easement. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over and across all roadways and drive aisles as they may exist from time to time on the respective Parcels, for vehicular and pedestrian ingress and egress by the Owners and their respective Permittees. The vehicular drive aisles shall not be materially altered From that shown on the Site Plan so as to obstruct or impair ingress and egress to the other respective Parcels, without the consent of the Owners of all Parcels. (b) Parking. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over an across the parking spaces as they may exist from time to time, on the respective Parcels for the parking of vehicles by such Owner and its respective Permittees. (c) Encroachment. Each Parcel and Owner shall have a nonexclusive perpetual easement in, on, and under the non-Building areas of die other Parcels for minor encroachments for curbing, landscaping and underground irrigation and incidental utility lines, which are used and located in a manner so as not to interfere with the development or use of the affected Parcel; provided that if any such encroachment interferes, in any material respect, with the then existing or proposed future use of the affected Parcel, the Owner of the affected Parcel steal I have the right, by sixty (60) days notice to the Owner of the Parcel from which the encroachment occurs, to require the relocation of the encroaching item (if a suitable alternative location exists on the affected Formatted: outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0", Tabs: 1", List tab + Not at 0.75" _ Deleted: Each owacrmny pinta such sign or signs on its Building and its Pmecl as shall be pennitied by applicable govemmentnl nmharitics. Deleted: ¶ Formatted: Font: Not Bold, No underline 0 0 Parcel) or (if no suitable alternative location exists on the affected Parcel) the removal of the encroaching item. (d) Sewer. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to and over the Common Areas and Facilities for sanitary sewer to tie into, connect with, use, maintain, repair, and replace, all only to the extent reasonably necessary, any underground sanitation or storm sewer facilities, now or hereafter installed thereon. (e) Utilities. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for utility purposes to tie into, connect with, use, maintain, repair and replace, all only to the extent reasonably necessary, any underground utilities, now or hereafter installed thereon. (f) Drainage. A non-exclusive easement is hereby reserved to the Declarant, each Owner, the Association, their successors and assigns for surface water, drainage and for the installation and maintenance of the surface water management and drainage of the Property. The Surface Water Management System and Drainage System of the Property shall be developed, operated, and maintained in conformance with the requirements of any controlling governmental authority. The Surface Water Management System and Drainage System shall be owned and operated by the Association except For any portion of the Surface Water Management System and Facilities and/or Drainage System that has been dedicated to a governmental authority. The Association shall maintain as an operating expense the entire Surface Water Management System and Facilities and Drainage System within the Property, including but not limited to all lakes, ponds, retention areas, culverts, pipes, pumps, catch basins and related appurtenances regardless of whether or not same are natural or man-made within the Property or are owned by the Association. Such maintenance shall be performed in conformance with the requirements of any controlling governmental authority, and an easement for such maintenance is hereby created. The Association will have the right, but not the obligation to maintain any portion of the Surface Water Management System and Facilities and Drainage System for the Property which is owned and/or maintained by any controlling governmental authority or which is outside of the Property. The Property shall be required to accept surface water drainage from any other property pursuant to the requirements of any controlling governmental authority, and in connection therewith will have the right, but not the obligation, to maintain any portion of the surface water management system for such other property reasonably required in connection with the maintenance or operation of the Surface Water Management System for the Property. (g) Maintenance. Association, each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for the maintenance, repair and replacement of the Common Areas and Facilities, to the extent necessary to fulfill the obligations or to exercise the rights created by this Declaration. 4.2. Temporary Construction Easement. Declarant hereby reserves unto itself a nonexclusive temporary construction easement in, to and over the Property (except for Parcel 9 0 "B") for the purpose of constructing the Common Areas and Facilities. Declarant agrees that it will carry out the construction of the Common Areas and Facilities in a manner so as not to unreasonably interfere with the construction wort: being performed on the remainder of the Property. The temporary construction easement created by this Section 4.2 shall be conclusively deemed to be terminated on the date which is three (3) years from the date of this Declaration, unless prior to such time, Declarant records in the Public Records of the County.a notice that the construction contemplated by this Section has not been completed, which specifically references this Declaration and this Section and contains a substitute outside completion date, which shall automatically replace the date contained in the previous sentence for purposes of this Declaration. 4.3. Additional Easements. Declarant reserves the right at any time and from time to time to (and upon reasonable request from any Owner shall) grant additional easements over the Property, without the consent or joinder of any other party, provided that (a) any such easement must (i) be to provide utilities (public or private) or other services to one or more of the Parcels, (ii) be granted by a document executed by Declarant and referencing that it is granted pursuant to the rights reserved in this Section, and (b) the grantee of such easement agrees in the granting document to repair and restore any damage to the improvements or landscaping within the easement area caused by the grantee's activities in or use of the easement area and that the grantee shall conduct its activities within the easement area in a manner, to the extent practical, to minimize any disruption to the businesses being conducted on the affected Parcel(s). 4.4. Unauthorized Use of Common Area. Each Owner as to its Parcel, has the right to eject or cause the ejection from the Common Areas and Facilities of any Person not authorized to use the Common Areas and Facilities pursuant to this Declaration. 4.5. Prohibition Against Granting Easements. No Owner shall have the right to grant or convey the right to use any easements created by this Declaration for the benefit of any property not within the Project, without the consent of all Owners. 4.6. Easements Limited. The easements created by this Declaration are appurtenant to the Parcels. Nothing in this Declaration is intended to be a dedication to the public or to create any rights in the general public to use any portion of the Common Areas and Facilities. ARTICLE V. PROJECT DEVELOPMENT RESTRICTIONS -AND OPERATIONAL COVENANTS 5.1. Common Areas. No portion of the Common Areas and Facilities may be used for any purpose other than its intended purpose without the consent of all Owners. 5.2. Construction and Design of Improvements. Every building now or in the future constructed on any part of the property shall be constructed, operated and maintained so that the same is in compliance with all Laws, and shall be of first quality construction, in conformity with sound architectural and engineering standards. It shall be the responsibility of each Owner within the Property at the time of construction of a building or structure, to comply with the construction plans for the Surface Water Management System pursuant to Chapter 40D-4, F.A.C., approved and on file with SWFWMD, and all other governmental regulations. All Owners shall. be responsible for maintaining designed flow paths for storm water drainage as shown in the permitted plans. If the constructed flow path is disturbed or modified, the Association has the authority to enter the Parcel, reconstruct the intended flow pattern, and assess the property Owner for said expense and/or any damages incurred therefrom. It is the Owner's responsibility not to remove native vegetation (including cattails) that exist or otherwise become established with the Surface Water Management System or Facilities, including any surrounding buffer areas. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Parcel Owners should address any question regarding authorized activities to the District prior to taking any action. Existing and mature native shrubs and vegetation in buffer areas surrounding the Drainage Facilities shall be maintained by the Owner as part of its Parcel. Any removal or trimming of such vegetation is subject to the prior approval of the District and the Association. The Owners are hereby notified that the Property is subject to the requirements of the Permit issued, or to be issued, by the District. In addition, each Owner is required to inform the District at the beginning of construction on any Parcel that a Professional Engineer registered in Florida has been retained to supervise construction; and upon completion of construction on the Parcel, the Owner must submit to the District a Statement of Completion and as-built certification that its actions were in compliance with the Permit. The Declarant may assign to the Association, at any time, including after turnover, the Permit relating to the Property and the Association shall be required to accept such assignment. No Owner of any portion of the Property may construct or maintain any building, or structure, or undertake or perform any activity in the wetlands, wetland mitigation areas, buffer areas, upland conservation areas and drainage easements described in the Permit. 5.3. Insuranee. Throughout the term of this Declaration, each Owner shall procure and maintain comprehensive public liability and property damage insurance against claims for personal injury, death or property damage occurring upon such Owner's parcel, with single limit coverage of not less than an aggregate of One Million and 00/100ths Dollars ($1,000,000.00) including umbrella coverage, if any, or such greater amount as may from time to time be reasonable and prudent under the circumstances. This insurance is to insure against potential liability for losses or damages that might occur on or to the Property, including, without limitation, the easement areas thereof. Upon the request of any Owner, each of the other Owners shall provide such Owner with proper evidence ofthe existence of such liability insurance. 5.4. Dumasters. All outdoor trash and garbage receptacles shall be screened with an opaque enclosure constructed from a material durable enough to withstand the abuse resulting from periodic servicing and architecturally detailed or finished consistent with or to complement the Buildings on the Parcel serviced by the receptacle and in conformance with City requirements. 5.5. Drainage System. Tlie Owners are hereby notified that the Property is subject to the requirements of Surface Water Management Permit No. as may be modified, issued by the District. Tile Association shall control and maintain the Surface Water Management System or Facilities within the Property. In addition, each Owner is required to obtain a separate surface water management permit in accordance with Chapter 4013-4, F.A.C., from the District (the "Internal Surface Water Management Systems") prior to initiating any construction or improvement on any Parcel and shall not have the right to discharge drainage from any Parcel into any part of the Surface Water Management System or Facilities within the Property that are governed by the Permit, except as may be allowed by the District and the Association by written notice. ARTICLE V1. USE RESTRICTIONS 6.1. Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. ARTICLE VI1. MAINTENANCE OF COMMON AREAS AND FACILITIES, LIGHTING 7.1. Maintenance of Property. Each Owner shall, at all times during the term of this Declaration, maintain its Parcel in good order, condition and repair, consistent with the class and character of the Project. 7.2. Maintenance of Common Area. Association shall, at all times during the term of this Declaration, operate and maintain (including necessary or desirable repairs and replacements) the Common Areas and Facilities in compliance with all applicable governmental laws, regulations, ordinances and directives (collectively, "Laws") and the provisions of this Declaration. The Association shall use commercially reasonable efforts to manage the costs and expenses associated with operating and maintaining the Common Areas and Facilities for the mutual benefit of the Members. The Association shall maintain in perpetuity, as part of the Common Areas, the Drainage Facilities in compliance with all conditions of the Permit. The Association, shall, when requested by Declarant, accept transfer of the SWFWM.D Permit for the Property. The conditions may include monitoring and record keeping schedules, and maintenance. Notwithstanding any other provisions of this Declaration to the contrary, the Association shall allocate sufficient funds in its annual budget for monitoring and maintenance of the Drainage Facilities in accordance with the Permit for the Property. The Association shall maintain, as part of the Association Property, any areas designated on the Property as mitigation areas for wetlands. The Association shall comply with all applicable permit conditions for such areas, including monitoring and maintenance of wetland vegetation, and the replanting of wetland vegetation to meet required survival rates. To the extent that SWFWMD requires signage in or near preservation areas, the Association shall maintain 9 0 0 these as part of the Common Area. The Association shall comply with all governmental regulations including, but not limited to, those of SWFWMD. The Association acknowledges and agrees that the District has the right to take enforcement measures, including a civil action for injunction and/or penalties, against the Association to compel it to correct any outstanding problems with the Drainage Facilities. 7.3. railure to Maintain. In the event the responsible Owner fails to maintain any part of the Common Area and Facilities as provided herein, the Association and any other Owner shall have the right, upon no less than thirty (30) days prior notice to the responsible Owner, to perform delinquent maintenance required hereunder. The responsible Owner shall reimburse the Owner performing such maintenance of the costs thereof (less such Owner's Proportionate Share) within thirty (30) days of receipt of an invoice therefor, accompanied by appropriate supporting documentation. ARTICLE VIII. PAYMENT OF COMMON AREA COSTS 8.1. Right to Reimbursement. The Association shall be entitled to reimbursement for the Common Area Costs by all of the Owners of the Parcels pursuant to the terms of this Article. 8.2. Assessments Established. The Owners through its or their ownership of a Parcel, covenant to pay to the Association Common Area Assessments and Special Assessments (as defined below), together with all excise or other taxes, if any, that from time to time may be imposed upon all or any portion of the Assessments established by this Article. 8.3. Common Area Assessment. Tile Association shalt levy an annual assessment (tile "Common Area Assessment") to be used exclusively to reimburse itself for Common Area Costs incurred pursuant to this Declaration. The amount of the annual Common Area Assessment shall be fixed by the Association and a proposed budget shall be sent to all Owners by the Association at least forty-five (45) days in advance of each calendar year; but any delay in delivering the notice shall not invalidate an otherwise valid Assessment. The Common Area Assessment shall be payable in quarterly installments, but may be prepaid in whole at any time or times during the applicable calendar year. Common Area Assessments for each Parcel shall commence with respect to the Parcel on the earlier of (i) the first day of the calendar month following the date the Parcel is first conveyed by Declarant (other than to a successor Declarant) and (ii) the first anniversary of the date the first Parcel is conveyed by Declarant (other than to a successor Declarant). 8.4. Special Assessments. In addition to the Common Area Assessment, the Association may levy a special assessment ("Special Assessment") for the purpose of defraying (i) Common Area Costs which exceeded the Common Area Assessments for any calendar year, or (ii) the cost of any repairs or replacements constituting Common Area Costs but not included in the Common Area Assessment for that calendar year. Special Assessments shall be due within thirty (30) days after written notice from the Association, to be accompanied by a reasonably detailed statement showing the basis for the Special Assessment. 10 8.5. Allocation of Common Aren and Special Assessments. The Common Area Assessments and Special Assessment shall be allocated based upon each Parcel's Proportionate Share. 8.6. Year End Reconciliation. Within one hundred twenty (120) days after each calendar year ends, or as soon thereafter as is reasonably practical, the Association shall provide to each other Owner an itemized statement (the "Statement") showing in reasonable detail the actual Common Area Costs incurred for the calendar year just ended, broken down by component expenses. Any excess funds from the prior year's Common Areas Assessment shall be, at the option of the Association, (i) applied to the next year's budget, or (ii) refunded to the Owners concurrently with the delivery of the Statement. Assessments for the first year in which any Parcel is subject to Assessments hereunder shall be prorated (such proration to be included in the Statement) based upon the number of days including and after the date Assessments commence for the Parcel compared to the total number of days in the calendar year. 8.7. Audit Rialtts. The Association shall keep accurate and complete books and records relative to the Common Area Costs. Each Owner shall have six (6) months after receiving the Statement to request an audit of the Associations' books and records concerning the Common Area Costs reflected on the Statement, at a mutually convenient time and at a location designated by the Association in the County. If any Owner disputes the accuracy of the Statement, the Owner shall still pay the amount shown owing, subject to its right to recover any overpayment revealed by an audit to be conducted by the contesting Owner at its cost, except as provided for below. If a request for an audit is not made within the six (6) month period, any nonrequesting Owner shall have waived its right to an audit relative to that Statement, unless a subsequent Statement is discovered to be inaccurate as a result of a willful attempt by the Association to recover improper amounts from the other Owners. If any audit shows that a Statement reflects amounts being improperly charged to the Owners, the Association shall reimburse the Owners for the overcharge. In addition, if any audit shows that a Statement reflects amounts being improperly charged to the Owners in an amount equal to more than ten percent (10%) of the total Common Area Costs, the Association shall pay interest to all the Owners on the amounts improperly collected at the Default Rate and shall reimburse the auditing Owner for the cost of the audit. If the Association disputes the accuracy of any audit, the dispute shall be settled by arbitration pursuant to the terms of this Declaration. 8.8. Certifiente. Within ten (10) days of a request, the Association will furnish to any interested person a certification setting forth whether the Common Area Assessments and any Special Assessments have been paid relative to any Parcel and, if not, the unpaid balance(s). The Association may charge a reasonable administrative fee for such certifications. ARTICLE 1\. REMEDIES FOR VIOLATION 9.1. Remedies. If any Owner breaches any provision of this Declaration, then the Association, and if the Association fails to act, or any other Owner may pursue any remedy provided by law. All remedies under this Declaration or at law are cumulative and not exclusive. Tile exercise of one remedy shall not be deemed to preclude the exercise of other remedies. Reference to remedies "at law" or "by law" shall also include any remedies available "in equity." II 0 0 9.2. Iniunctive and Declaratory Relief. Without limiting any other remedies provided for in this Declaration or by law, Association, and/or each Owner shall have the right to enjoin any violation or threatened violation of this Declaration and to bring an action for declaratory relief in a court of competent jurisdiction in connection with any violation or threatened violation of this Declaration. It is acknowledged by all Owners that injunctive relief is a necessary remedy in order to preserve, for all Owners, the benefits of this Declaration. 9.3. Owner's Right to Cure or Abate. If any Owner violates any covenant, condition or restriction contained in this Declaration, or permits or suffers any occupant of its Parcel or Permittee to violate any covenant, condition or restriction of this Declaration, then in addition to any other remedy provided for in this Declaration, the Association and/or any Owner (tile "Creditor- Owner") may demand by written notice (the "Default Notice") to the defaulting Owner (and its Mortgagee, if required by Section 13.4 of this Declaration) that the violation be cured. If the defaulting Owner does not cure the violation within thirty (30) days after receipt of the Default Notice, or if such default is not a default in the payment of money and of a kind which cannot reasonably be cured within thirty (30) days, and the defaulting Owner does not within such thirty (30) day period commence to cure such default and diligently thereafter prosecute such cure to completion, then the Association or Creditor Owner, as the case may be, shall have the right to cure the default of the defaulting Owner. The defaulting Owner shall, within fifteen (15) days of written demand by the Association or Creditor Owner, as the case may be, accompanied by appropriate supporting documentation, reimburse the Association or Creditor Owner for all costs and expenses incurred by the Association or Creditor Owner in undertaking any of the actions permitted by the preceding sentence. 9.4. Lien. Any Creditor Owner, any Owner relative to sums awarded pursuant to an arbitration under the terms of this Declaration and not paid when due, and/or the Association relative to past due Assessments or Parcel "B" Contributions, shall be entitled to a lien against the Parcel of the defaulting Owner, which lien shall be created and foreclosed in accordance with this Section: (a) Creation. A lien authorized by this Section shall be created by recording a written instrument (the "Claim of Lien") in the Public Records of the County, which (i) references this Declaration by date of recordation and recording information, (ii) alleges a specific breach of this Declaration, (iii) states the amount owed by the defaulting Ownbr through the recording date of the Claim of Lien, (iv) contains a legal description of the Parcel of the defaulting Owner, and (v) is executed and acknowledged by the Creditor Owner or Association, as the case may be, the Owner receiving die arbitration award, or the Association, as applicable. A copy of the Claim of.Lien shall be forwarded to the defaulting Owner prior to or concurrently with its recordation. (b) Amount. A lien created pursuant to this Section shall include (i) the amount stated in the Claim of Lien, (ii) all costs and expenses incurred in creating and foreclosing such lien (including attorneys' fees), and (iii) interest as set out in this Article below. 12 • 0 (c) Priority. The priority of a lien created pursuant to this Section shall be established solely by reference to and shall be as of the date the Claim of Lien is recorded in the Public Records of the County (not the date of the recording of this Declaration). (d) Extinguishment. IF the defaulting Owner cures its default and pays all amounts secured by a lien created pursuant to this Section, the Association or Creditor Owner, as applicable, shall record an instrument sufficient in form and content to clear title to the Parcel of the defaulting Owner from the Creditor Owner's or Association's lien as applicable. (e) Foreclosure. A lien created pursuant to this Section shall be foreclosed judicially, in the same manner as provided for foreclosure of a real property mortgage in the State of Florida. 9.5. Interest. Any amount payable under this Declaration that is not paid within thirty (30) days after written notice to the applicable Owner that such amount is past due shall bear interest from the date of the notice at the Default Rate. 9.6. Personal Obligation. All amounts due under this Declaration, including, without limitation, the Assessments, are the personal obligation of the Owner of the applicable Parcel when such amounts became due. Any amounts secured by a Claim of Lien are also the personal obligation of any successor Owner who acquired title to the Parcel after a Claim of Lien was recorded in the Public Records of the County. 9.7. Subordination of Liens. Any lien created pursuant to this Article 9 shall be subordinate to the lien of any first mortgage of record which is (i) executed in good faith and value, (ii) to provide financing for the acquisition and/or development of a Parcel or the construction, repair or reconstruction of improvements thereon, and (ii) in favor of a Mortgagee. The sale or transfer of any Parcel shall not affect the validity or enforceability of any lien; provided, however, that notwithstanding the foregoing, the sale or transfer of any Parcel thereon pursuant to the proper foreclosure of a first mortgage or deed in lieu by any Mortgagee shall extinguish any lien created under this Article 9 which became due and payable prior to the date of such foreclosure sale, unless a Claim of Lien was recorded prior to the recordation of the mortgage which has been foreclosed. In no event shall the foreclosure of any mortgage or deed in lieu prejudice the rights of the Association to collect any delinquent Assessments from the prior Owner who shall remain personally liable for the payment of such Assessments. No foreclosure sale or transfer shall relieve any Owner or any Parcel from liability for any Assessments which become due subsequent to the date of such foreclosure sale or from the lien of such Assessments. ARTICLE X. MEMBERSHIP AND VOTING RIGHTS 10.1 Members. Every Owner of a Parcel shall be a member of the Association as designated in Section 10.2 of this Article_ Membership shall be appurtenant to and may not be 13 0 0 separated from ownership of a Parcel which is subject to assessment. 10.2 Membership Classes and Voting Rights. The Association shall have the following two (2) classes of voting membership: (a) Class A. Class A Members shall be all Owners, except the Declarant for so long as the Developer retains Class B voting rights as defined herein, of Parcels and shall be entitled to one (1) vote for each such Parcel so owned. (b) Class B. Class B Member shall be the Declarant and shall be entitled to two (2) votes for each Parcel owned. The Class B membership shall cease and be converted to Class A membership when one of the following events occurs: (1) when the total votes outstanding in Class A membership equals or exceeds the total votes outstanding in the Class B membership; or (2) on December 31, 200........ 10.3 Joint Owners. When more than one person holds an interest in any Parcel, all such persons shall be members of the Association; provided, however, that Owners' vote shall be exercised as provided above or as all such persons among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Parcel not owned by the Declarant. ARTICLE X1. INSURANCE 11.1 Insurance. The Association, through its Board of Directors, shall purchase an insurance policy(ies) insuring any real and personal property owned by the Association or constituting part of the Common Area, against loss of damage by fire and hazards covered by wind storm and extended coverage endorsement and such other risk of a similar or dissimilar nature as customarily covered for the same or similar type of property. The insurance obtained by the Association shall insure the interest of the Association and all Owners and their Mortgagees, as their interest may appear. The directors shall have no liability to the Association or its Members or any other person for failure to obtain insurance in full amount of the coverage required hereunder, if in good Faith a majority of the membership shall determine that such insurance is not reasonable available. 11.2 Liability Insurance, In addition to the above and foregoing insurance, the Association, through its Board of Directors, shall purchase and keep in effect a comprehensive public liability policy insuring the Association, its Board of Directors, officers and Owners against possible liability arising out of the use of the Common Area. Said policy shall be in an amount not less thatn One Million Dollars and 00/100ths ($1,000,000.00) combined single limit (bodily injury and property damage). The Association shall further, if required by state law, carry a worker's compensation insurance policy, which policy will comply with the requirements of the laws of the State of Florida. Deleted: 3 14 0 0 11.3 Cost of Insurance. The cost of all insurance purchased by the Association as described above shall be a Common Area of the Association included in the assessments to be collected pursuant to Article VII I. 11.4 Owner's Insurance. EACH OWNER SHALL BE OBLIGATED TO MAINTAIN INSURANCE ON ITS PARCEL. AND ANY IMPROVEMENTS THEREON IN AN AMOUNT EQUAL TO AT LEAST FULL INSURABLE VALUE AS TO THE LOSS OR DAMAGE BY FIRE OR OTHER CASUALTY, AS WELL AS LIABILITY INSURANCE AND INSURANCE INSURING ITS PERSONAL PROPERTY. EACH OWNER SHALL FURNISH PROOF OF SUCH COVERAGE TO THE ASSOCIATIOJN UPON REQUEST WITH A CERTIFICATE REQUIRING THIRTY (30) DAYS WRITTEN NOTICE TO THE ASSOCIATION OF CANCELLATION OR NON-RENEWAL OF SAID INSURANCE COVERAGE. ARTICLE XII. ARBITRATION 12.1 Disputes Subiect to Arbitration. Any dispute that is by the terms of this Declaration expressly made subject to this Article and any dispute that the parties to the dispute agree in writing to submit to arbitration pursuant to this Article may be settled by binding arbitration pursuant to this Article. No other disputes shall be subject to arbitration pursuant to this Article. 12.2 Request for Arbitration. In the event of any dispute between two or more Owners, which is subject to arbitration pursuant to this Article, any of the disputing Owners may provide to the other Owner(s) a written notice of its demand to have the dispute settled by arbitration pursuant to this Article. 12.3 Procedure. (a) Selection of Arbitrator. Within twenty (20) days of the delivery of a demand for arbitration the parties shall agree upon a single arbitrator. In the event the parties cannot agree upon an arbitrator, the parties shall petition the Circuit Court of Pinellas County, Florida for the appointment of an arbitrator. The arbitrator shall be knowledgeable and have substantial experience in the subject matter of the dispute. No arbitrator, nor any firm with which the arbitrator is associated, shall have represented either party to the dispute within the preceding five (5) years. (b) Arbitration Session. Within thirty (30) days of the selection of the arbitrator, the parties shall hold an arbitration session not to exceed one day in length unless the arbitrator agrees a longer period is necessary. The arbitration shall be conducted in the County, and any party may be represented by counsel or other authorized representative. The parties may offer such evidence as is relevant and material to the dispute. The arbitrator shall be the sole judge of relevance and materiality. (c) Decision. The decision of the arbitrator shall be binding on the parties and may be confirmed by the Circuit Court of Pinellas County, Florida. The arbitrator's decision shall be in writing, signed by the arbitrator, and consist of two (2) parts as follows: 15 E E (i) a "Decision" portion stating the decision of the arbitrator on the issue presented, including any sums awarded to any party; and (ii) a "Reasoning" portion stating the reasoning of the arbitrator in reaching its Decision. 12.4 Arbitration Award. Any amount awarded to any Owner by the arbitrator pursuant to this Article shall be due and payable within twenty (20) days after the decision of the arbitrator becomes final. Failure to pay the amount due shall entitle the party who received the award to the remedies provided for in the relevant provisions of this Declaration. 12.5 Fees and Costs. Each party shall pay its own attorneys fees and costs in connection with the arbitration. If a party or parties to the arbitration receive substantially all the relief requested in the arbitration, as determined by the arbitrator as part of its Decision, the other party or parties shall pay the fees of the arbitrator, otherwise the fees of the arbitrator shall be divided equally between the parties. ARTICLE Xlll. MISCELLANEOUS 13.1 Notices. Any notice required or permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes if sent (i) by hand delivery, with a signed delivery receipt, (ii) by registered or certified mail (return receipt requested), postage and charges prepaid, or (iii) by a reputable overnight delivery service with the ability to confirm delivery, addressed as follows: To Declarant: P B P of Clearwater, LLC 685 Main Street, Suite A Safety Harbor, Florida 34695 Fax: 727-725-2317 Any such notice shall be deemed to be given on the date on which it is received or receipt thereof is refused. Any Owner may designate or change its notice address by notice to all other Owners in accordance with this Section. 13.2 Attornevs' Fees. In the event of any action between any of the Owners for breach of or to enforce any provision or right under this Declaration, the prevailing Owner shall have the right to recover all costs and expenses incurred, expressly including, but not limited to, reasonable attorneys' fees incurred in connection with such action. 13.3 Breach Shall Not Permit Termination. No breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration. 13.4 Rights of Mortgagee. The Mortgagee of any Owner shall be entitled to a simultaneous copy of any Default Notice served on such Owner, served in the same manner that other notices are required to be given under this Declaration; provided that the Mortgagee shall have, prior to the time of the defaulk notified the Owner giving the Default Notice of the Mortgagee's mailing address. 16 • 13.5 Effect on Third Parties. Except for Section 13.4, which is for the benefit of a Mortgagee, this Declaration is for the sole benefit of the Association and Owners and not any third party. 13.6 No Partnership. Nothing in this Declaration is intended to create the relationship of principal and agent, or of partnership, or of joint venture, or of any similar relationship between any of the Owners. 13.7 Modification. No modification to or termination of this Declaration shall be valid or effective unless in writing, referencing this Declaration by date of recordation and recording information, signed by each of the Owners and recorded in the Public Records of the County. Provided further, any amendment of this Declaration which modifies, effects or changes the Surface Water Management System Facilities or operation or maintenance of the Surface ( Deleted: t Water Management System Facilities shall have the prior written approval of the District. In addition to the forreoirnuy restriction and limitation on modification Declarant and Owners covenant and aaree that no termination. modification or amendment of this Declaration shall be mule without the prior written approval or the City of Clearwater, which approval shall be recorded in the public records of Pinellas County. Florida. 13.8 Severability. In the event any portion of this Declaration, or the application of any provision of this Declaration to any particular circumstance is held to be invalid or otherwise unenforceable by any court of competent jurisdiction, such holding shall in no way affect the remainder of this Declaration or any valid and enforceable application of any provision of this Declaration. 13.9 Governing Law. This Declaration and shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida. 13.10 Interpretation. This Declaration shall be construed in accordance with its intent of providing for the efficient integration of the Parcels into a functional project. It shall not be construed more strictly for or against Declarant or any Owner. Article and Section titles in this Declaration are inserted for convenient reference, and no way define, limit, extend, or describe the scope of any provisions of this Declaration. 13.11 Release. If an Owner shall transfer fee simple title to its entire Parcel, it shall be released from all obligations under this Declaration accruing from and after the date of such transfer. This Declaration is binding on the Owners relative only to obligations accruing during their respective periods of ownership of a Parcel, except as expressly provided for in Section 9.6 where an Owner takes title to a Parcel with a Claim of Lien of record. 13.12 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 13.1.3 Entire Agreement. This Declaration and the Exhibits contain the entire agreement with respect to the subject matter hereof, 13.14 Construction Liens. In the event any construction lien is filed against the Parcel of any Owner as a result of any wort: by or for the benefit of any other Owner, the Owner 17 • • responsible for such lien will promptly take such action as may be required to have the lien discharged from such Parcel. Upon request of the other Owner, tite Owner responsible for such lien agrees to furnish such security or indemnity as may be required, to and for the benefit of such other Owner, to permit a title insurance company to insure the affected Parcel free of such construction lien. 13.15 Sub-Declarations. The Declarant may elect to impose or define additional covenants, conditions, restrictions or easements against any Parcel pursuant to a separate declaration (a "Sub-Declaration"). All Sub-Declaration shall be subordinate and subject to this Declaration Any Sub-Declaration shall set forth maintenance obligations with respect to improvements, facilities or other appurtenances which serve only the subject Parcel(s). A Sub- Declaration shall set forth assessments for the maintenance of the subject Parcel. In the event die Declarant elects to develop a portion of the Property under condominium ownership, such condominium shall constitute a Parcel and the Owners of any condominium units therein shall be subject to the terms and conditions of this Declaration as well as the applicable declaration of condominium. A Sub-Declaration may provide for a separate association to administer the rights and obligations provided in a Sub-Declaration and the maintenance of common improvements, facilities and appurtenances which serve the subject Parcel(s). 13,16 Future Plat of Property. Declarant shall have the right and option to plat the Property at any time. In the event Declarant determines to plat the Property, each Owner covenants and agrees to cooperate and join into a plat of the Property, or any part thereof, provided however, in no event shall any plat of the Property materially modify or diminish any Owner's rights under this Declaration. 13.17 Waiver of Trial by Jury. BY ACCEPTANCE OF A DEED, EACH OWNER KNOWINGLY, VOLUNTARILY. AND INTENTIONALLY WAIVES ANY RIGHT HE MAY HAVE TO A TRIAL BY JURY OF ANY CLAIM., DEMAND. ACTION OR CAUSE_ OF ACTION WITH RESPECT TO ANY ACTION, PROCEEDING, CLAIM. COUNTERCLAIM OR CROSS CLAIM WHETHER IN CONTRACT AND/OR IN TORT (REGARDLESS IF THE TORT ACTION IS PRESENTLY RECOGNIZED OR NOT). BASED ON. ARISING OUT OF IN CONECTION WITH OR IN ANY WAY RELATED TO THE ASSOCIATION DOCUMENTS INCLUDING ANY COURSE OF CONDUCT._ COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT, VALIDATION, PROTECTION. ENFORCEMENT ACTION OR OMISSION OF ANY PARTY. DECLARANT HEREBY SUGGESTS THAT EACH OWNER UNDERSTAND THE LEGAL CONSEQUENCES OF ACCEPTING A DEED TO A PARCEL EACH OWNER DOES HEREBY RELEASE, WAIVE. DISCHARGE, COVENANT NOT TO SUE ACQUIT SATISFY AND FOREVER DISCHARGE DEVELOPER ITS OFFICERS, DIRECTORS. EMPLOYEES AND AGENTS AND ITS AFFILIATES AND ASSIGNEES FROM ANY AND ALL LIABILITY, CLAIMS, COUNTERCLAIMS DEFENSES ACTIONS. CAUSES OF ACTION, SUITES. CONTROVERSIES. AGREEMENTS. PROMISES AND DEMANDS WHATSOEVER IN 18 0 0 LAW OR EQUITY WHICH. AN OWNER MAY HAVE IN THE FUTURE. OR WHICH ANY PERSONAL REPRESENTATIVE SUCCESSOR. HEIR OR ASSIGN OF OWNER HEREAFTER CAN. SHALL OR MAY HAVE AGAINST DECLARANT ITS OFFICERS DIRECTORS EMPLOYEES, AND AGENTS AND ITS AFFILIATES AND ASSIGNS FOR UPON OR BY REASON OF ANY MATTER. CAUSE OR THING WHATSOEVER RESPECTING THIS DECLARATION. OR THE EXHIBITS HERETO. THIS RELEASE AND WAIVER IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS AND THE STATE OF FLORIDA. 13.18 No Rights in Public: No Implied Easements. Nothing contained in this Declaration shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Property. No easements are granted or implied, except those expressly set forth in this Declaration. 13.19 Term. Tile easements, covenants, conditions and restrictions contained in this Declaration shall be effective commencing on the date of recordation of this Declaration in the Public Records of Pinellas County, Florida. The covenants, condition, and restrictions (with the exception of the easements, which are perpetual) shall remain in full force and effect for an initial term of thirty (30) years from such recordation, after which time such covenants, conditions, and restrictions will automatically be extended For successive terms often (10) years each, unless this Declaration is terminated at the end of the initial term or any successive term by the written consent of all the then record Owners. 13.20 Covenants to Run with Land. It is intended that this Declaration and each of the easements, covenants, conditions, restrictions, rights and obligations set forth in this Declaration shall run with the land and create equitable servitudes in favor of the Property benefited thereby, shall bind every person having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties subject to this Declaration, and their successors, assigns, heirs, and personal representatives. 13.21 Bankruptcy. In the event of any bankruptcy affecting any Owner or any permitee, the parties subject to this Declaration agree that this Declaration shall, to the maximum extent permitted by law, be considered an agreement that runs with the land that is not rejectable, in whole or in part, by the bankruptcy. 13.22 Exhibits. Tile following Exhibits are attached to this Declaration. Exhibit "A" - Property Exhibit "B" - Site Plan Exhibit "C' - Parcels A and B legals and sketch [signature pages follow) 19 0 0 IN WITNESS WHEREOF, Declarant has executed and caused the recordation of this Declaration. WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PINELLAS By: P B P of Clearwater, LLC a Florida limited liability company Abdi Boozar Jomehri, its Manager The foregoing instrument was acknowledged before me this day of , 2007, by Abdi Boozar Jomeliri, as Manager of P B P of Clearwater, LLC, a Florida limited liability company. He is [ J personally known to me [ ] or has produced a Florida driver's license as identification. (Notarial Seal) Printed Name: NOTARY PUBLIC Commission No.: State of Florida at Large My Commission Expires: 20 0 0 Joinder of Parcel B Owner For Value Received, the receipt and sufficiency of which is hereby acknowledged the Undersigned, Duncan Offices, LLC, the Owner of Parcel B, hereby joins in the foregoing Declaration and submits Parcel B to the terms and conditions of said Declaration for itself, its successors and assigns and agrees to be bound by the Declaration. In Witness Whereof, the undersigned has executed this Joinder this day of 2007. DUNCAN OFFICES, LLC, a Florida Limited Liabilitv Company By: Abdi R. Boozar-,Iomehri Its: Managing Member STATE OF _ COUNTY OF I HEREBY CERTIFY that on this day personally appeared before rne, an officer duly authorized to take acknowledgements, ABDI R. BOOZAR-JOMEHRI as Managing Member of DUNCAN OFFICES, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Declaration and lie acknowledged then and there before me that he executed the same as such managing member on behalf of said limited liability company for the purposes therein expressed; and that the said Declaration is the act and deed of said limited liability company. WITNESS my hand and official seal this day of , 2007. Name: Notary Public Commission No. My Commission expires: 21 0 0 MORTGAGEE CONSENT Whitney National Bank, successor by merger to Madison Bank, the owner and holder of that certain Mortgage recorded in Official Records Book 13688, Page 579, Assignment of Rents recorded in Official Records Book 13688, Page 588 and UCC-1 Financing Statement recorded in Official Records Book 13688, Page 594, all of the Public Records of Pinellas County, Florida hereby joins in the forgoing Declaration, agrees and consents to the forgoing and hereby subordinates its interest, mortgage, assignment and financing statement in the Property to the forgoing Declaration. In Witness Whereof the parties have set their hands this day of 2007. Witnesses: WHITNEY NATIONAL BANK, Print Name: Print Name: STATE OF COUNTY OF By: Its: 1 HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, as of WHITNEY NATIONAL BANK, a Florida corporation, who is personally known to me or who has produced as identification, and lie is the person described in and who executed the foregoing Consent and he acknowledged then and there before me that he executed the same as such officer on behalf of said corporation for the purposes therein expressed; and that the said Consent is the act and deed of said corporation. WITNESS my hand and official seal this day of , 2007. Name: Notary Public Commission No. My Commission expires: 22 • EXHIBIT "B" Site Plan "AS SUBMITTED AND APPROVED BY DRC" EGP/mk G:/Epgrp/2ndofe/PBP/Duncan/Decl Rev.Kd6607 s 23 a`e,,a = 8 9 33 x Z °) . 7J Z(o Sg' S 3 6 I _ .I I 1 a :2 7 .9 ? 3- 2 t 165-8' 9,90E NASOAtI' DL'EN90N - FACE OF CURB Wo F.OA. 137-D' N0. NSA F.OY FACE OF CANOPY i % YAM ! <`i P6. LOCATION OF Acct Cm ATOM (F 6. 4. 3. 12' (NON. ,n' 26'-7 I/2' p• 11'-8' fl'-B' IY-D' IY-S' II'-8' 18' ii'-8' tf-6 ii'-B'YEPSY N Fw YO COCRBUn: ? av- uRS 710 BauNmS TO PROTECT 604 711 CAS PETER - REF. BET. 106 war LACATXw x REtFcaxG ro.) C. C 0 Fu FLOOR PUN NF t061E55pR - -' - - - - ( ? { ; 3 wool p cJ to M '-' 8 m ( } PLAIFM I.ST A-12 1 FOR s<AN? i 8 T AREA AREA ® AM BEr tMEPo0R 1201 J ' CJ? SEE MT 1005 ? .I I SC JOINT IN cow_ IL A I. _ (f t ELECTRICAL SERVICE - B' Sff WE 10A I : AT FACE Q 2 .N THIS DETA REF. BETAS 106 © I EIEVKM TO G' 1f18Y LOCATION IN FIELD B EPOXY FLOOt PASS RIFE 1 I ?(T CPU. FIE a&AktRtll FWE vmDOV G i 1 `8M SEE A a far RAnES SEeP 8y4 917 ( E 1 ? .J. / -J.? a FIE 91TTi8T - REl 1 •_ - a. C.J. Iva" o c.a o - s OFFICE STAIR-CONC. - 1U7 O„® sa+6?E FEES ma z ? 1 y 3 5' 12! PAD REF. TO E STAN R DINES 3 ` h! it ® 919 F 1 !? ? DROP 601 6 Yn N ?!/ SEE TT M FOR DETAILED si t # X7 >r? i I GJ.? ii* OF ROOMS yn !1i F.. rl Y 1 F.QIE 6? t1t i 'L Y ` f CIIB RAIP I? --TAW MALL I I ?? T U 11Ef ? 104407 REF. 7-7 70'-O' 2g'-6' C LINE OF CIxOP! AMC EUM DUCT (TYP OF 2) A _ REFER TO E-3 ``lt(FYM-I) ? --? 1 . 912 too!- 6 I i A 813 1101 s I 9 I f ? 1 ?o 4 4 510 !, cawcPABSmcT 1011 4 ? ?_., I ' ?- ?!i 102 3 A-2 1 11Q5 EA I4 ^-?'? ! t UAL - fm 4 3I - E EIEY. G&W PRDZ RrM RAIL L' i _ ' 1?9 I $ , ; S I ! ? ? SLOPE -3' - i ? ? a 1 _` 1 C 1 # 4 t C S 1104 : ?) ' , 1 ?? A? 911 c. I { s 'e s31 CC7it S.J. wom HAMSIS AT EACH am 1. UBUILDING TO BEE CONSIRLICTED SING INSIDE NISOIRY UO OF EEFCMCAL M REF 24' } 10 On 306 CTV OF 4 t M. ©C CCCANT LIE DtERSONS I - ) I I •y ' ?' NNll DM¢ BOLLARD- At JJ 601 1 i I 1 f i f 1 1 r. 3 j CB. A DOM 101 2 MMMIELY PRIOR THE PEP PLOYS SIdE FOWL 1 ?7? `` j I OF 4) ICY tISfAUAIEM 71E FIAON SLAB SWYL [£ CwI'RALY II °E i T 1 T €1 1 - - , 4 ; INSPECTED ¦x RE PEP 305 fEP MITAt1YE s .p r 01 AM MY SEAMS AD IIEORJJxES CONNECTED i3 j ! 1 i I me C.?1 b i 709 I A C Etf TEE CONLRACIM THE FLOOR 710 SHAL BE N PREMED AS SPECFEB FOR THE INSTALLATION ®. I ( ,??•y?I i, c 1 y ? = N 13-0' 7-8' F. i! {3 i? 1 E S a a f0Y C I MAWS CORRELATE N& ROPE FINISH o I POST 16 I SMILE 102 ! 1 • 1 y ROOF STRUCTURE 4 ALL MANSIONS OF STUD PAR IONS i 96. '- - - -812 + ,O 7-3' ARE TA'U TO FACE OF 61P. B EL =EJ - - - S FOR 5'pE FIXRR: UIYAR SEE A-15 SIL RABAC • ? y- ® • ? ? - tl & a 0 ?? ' ;€ • v.. ,` REF. 10 9 X23 C.J. C J. C.J. C.a Ga Ga BET ,m a 4 ,/z ?4 l 108 824 I 827 41 L ) ?-- a tY(Nok) IF9OE F.O.M. -t 7 E0' X PLAN OIA 1/47 SR PLATE SION 12 x 12. DING 2L s -,? 'Bar 6Y CC SS SS 16 CA ACCESS ! 14 GA FRAME Q50Y0 TIC 829 N8D { S.CREV 1 A 12x1Y BOX A 1 "" IN cEEU ? SS. 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RM w" tm S UOC SIM 0 Page 1 of 2 Wells, Wayne To: abdi_boozar@pilotconstruction.com Cc: Keith Zayac (E-mail); epratesi@richardsgilkey.com Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Abdi - The following language of Section 6.1 is recommended to be included in the proposed Declaration: 6.1 Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel's B use shall be restricted as follows: Prior to the issuance of any remodelling permit or the issuance of an occupational license to use the building, the proposed Tenant shall submit evidence to the Planning Department documenting the proposed Tenant will be a single purpose entity using the entire 22,209 square-foot building for the retail/wholesale sales in a manner similar to West Marine, with a minimum of four service bays, a minimum of xx square feet of storage/warehouse area accessory to the primary use of retail sales, a maximum of 10 employees on the largest shift, a minimum of xx square feet devoted to the display/sales of large items, no outdoor display/sale of products and a maximum of xx delivery vehicles. Documentation may include other locations the proposed Tenant presently operates and traffic impact studies of other locations, showing similar parking characteristics as West Marine and showing a peak traffic demand during weekdays between the hours of 9:00 am and 7:00 pm would not exceed 22 occupied parking spaces. The Planning Department may consider modification of the above standards or other standards of review to determine similarity of use. Wayne ----Original Message----- From: abdi_boozar@pilotconstruction.com [mailto:abdi_boozar@pilotconstruction.com] Sent: Wednesday, June 20, 2007 11:01 AM To: Wells, Wayne Cc: Kieth E. Zayac; Emil Pratesi Subject: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Wayne; Pursuant to your comments dated May 31, 2007 and our conversation today attached is the latest version of the Declaration of Covenants, Restrictions and Easement(DRCE), with correction to Section 3.3 the Comprehensive Sign Program and Section 11.7 (now Section 13.7) Modification. We proposed the language of the Article 6.1 as follows: Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. The new Use shall operate in a way that during the week days between hours of 9:00 AM and 7:00 PM the traffic peak demand for the new Use in Parcel B shall not exceed 22 occupied parking spaces. On weekends it is expected the office building would be closed or generating very little parking demand, therefore adequate parking would be provided for the new Use. The language is taken directly from the Traffic Study, and I trust it will satisfy the City's 8/1/2007 41, t4 • . Page 2 of 2 Requirement. Please review this article and advise if acceptable to the City so we can formally submit. Truly Yours, Abdi R. BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original Message ----- From: "Emil Pratesi" <eFratesigLr chardsgilkey.com> To: <abdi_boozar@pilotconstruction.com>; "'Pilot Construction"' <pctina pilotconstruction.com> Sent: Thursday, June 07, 2007 8:20 AM Subject: FW: Copier Scanned Document- Declaration PBP/Duncan >I have made changes to sections 3.3 and 13.7 to accommodate the changes the > City requested. It appears that the only remaining change is the parking > restriction. I have not sent this change to the City pending language for > the parking restriction being incorporated. > -----Original Message----- > From: eepratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] > Sent: Thursday, June 07, 2007 9:17 AM > To: epratesi@richardsgilkey.com > Subject: Copier Scanned Document > Please Open Attached File > Emil Pratesi 8/1/2007 . Page 1 of 2 0 Wells, Wayne From: abdi_boozar@pilotconstruction.com Sent: Monday, July 02, 2007 9:48 AM To: Wells, Wayne Cc: Emil Pratesi; pcti@pilotconstruction.com Subject: Fw: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Dear Wayne; I have sent you the attached on June 20, 2007, and have not heard your response. Please review and advise at your earliest. Call me if questions or like to discuss at 727-542-5792. Thanks Truly Yours, Abdi R, BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original Message - -- From: abdi boozar@pilotconstruction.com To: Wayne Wells Cc: Kieth E. Zayac ; Emil Pratesi Sent: Wednesday, June 20, 2007 11:00 AM Subject: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Wayne; Pursuant to your comments dated May 31, 2007 and our conversation today attached is the latest version of the Declaration of Covenants, Restrictions and Easement(DRCE), with correction to Section 3.3 the Comprehensive Sign Program and Section 11.7 (now Section 13.7) Modification. We proposed the language of the Article 6.1 as follows: Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. The new Use shall operate in a way that during the week days between hours of 9:00 AM and 7:00 PM the traffic peak demand for the new Use in Parcel B shall not exceed 22 occupied parking spaces. On weekends it is expected the office building would be closed or generating very little parking demand, therefore adequate parking would be provided for the new Use. The language is taken directly from the Traffic Study, and I trust it will satisfy the City's Requirement. Please review this article and advise if acceptable to the City so we can formally submit. 7/21/2007 ,,, t ? • Page 2 of 2 Truly Yours, Abdi R. BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original Message ----- From: "Emil Pratesi" <epratesi@richardsgilkey.com> To: <abdi_boozar @pilotconstruction.com>; "'Pilot Construction"' <pcti ilotconstruction.com> Sent: Thursday, June 07, 2007 8:20 AM Subject: FW: Copier Scanned Document- Declaration PBP/Duncan >I have made changes to sections 3.3 and 13.7 to accommodate the changes the > City requested. It appears that the only remaining change is the parking > restriction. I have not sent this change to the City pending language for > the parking restriction being incorporated. > -----Original Message----- > From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] > Sent: Thursday, June 07, 2007 9:17 AM > To: epratesi o,richardsgilkey com > Subject: Copier Scanned Document > Please Open Attached File > Emil Pratesi 7/21/2007 0 Page 1 of 2 Wells, Wayne From: abdi_boozar@pilotconstruction.com Sent: Wednesday, June 20, 2007 11:01 AM To: Wells, Wayne Cc: Kieth E. Zayac; Emil Pratesi Subject: Declaration of Covenants, Restrictions and Easements, 1721 and 1715 Gulf to Bay Blvd Wayne; Pursuant to your comments dated May 31, 2007 and our conversation today attached is the latest version of the Declaration of Covenants, Restrictions and Easement(DRCE), with correction to Section 3.3 the Comprehensive Sign Program and Section 11.7 (now Section 13.7) Modification. We proposed the language of the Article 6.1 as follows: Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. The new Use shall operate in a way that during the week days between hours of 9:00 AM and 7:00 PM the traffic peak demand for the new Use in Parcel B shall not exceed 22 occupied parking spaces. On weekends it is expected the office building would be closed or generating very little parking demand, therefore adequate parking would be provided for the new Use. The language is taken directly from the Traffic Study, and I trust it will satisfy the City's Requirement. Please review this article and advise if acceptable to the City so we can formally submit. Truly Yours, Abdi R. BoozarJomehri 685 Main Street, Suite A Safety Harbor, FL 34695 phone 727-725-2550 fax 727-725-2317 ----- Original Message ----- From: "Emil Pratesi" <epratesi -i) ichards ig lkey.com> To: <abdi_ boozar@pilotconstruction.com>; "'Pilot Construction"' <pcti@pilotconstruction.com> Sent: Thursday, June 07, 2007 8:20 AM Subject: FW: Copier Scanned Document- Declaration PBP/Duncan >I have made changes to sections 3.3 and 13.7 to accommodate the changes the > City requested. It appears that the only remaining change is the parking > restriction. I have not sent this change to the City pending language for > the parking restriction being incorporated. > -----Original Message----- 8/31 /2007 TV • Page 2 of 2 > From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] > Sent: Thursday, June 07, 2007 9:17 AM > To: eepratesi@richardsgilkey.com > Subject: Copier Scanned Document > Please Open Attached File > Emil Pratesi 8/31/2007 ?IIE 'a. PLANNING DEPARTMENT Mr. Emil G. Pratesi Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 Park Street Clearwater, FL 33756 Re: Development Order - MIS2007-05009 Division of a Lot of Record, 1721 Gulf to Bay Boulevard Dear Mr. Pratesi: PBP of Clearwater, LLC, is the owner of the following legally described property: May 22, 2007 Parcel Number 14/29/15/85968/000/0010 (1721 Gulf to Bay Boulevard) - THE NORTH 342.0 FEET OF TRACT "A", A REPLAT OF BLOCK "D" OF SUBURB BEAUTIFUL, AS RECORDED IN PLAT BOOK 19, PAGE 100, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS THE NORTH 150 FEET OF THE WEST 150 FEET THEREOF; AND ALSO LESS THE SOUTH 60.0 FEET OF THE WEST 282.12 FEET THEREOF. The above referenced property is currently zoned Commercial (C) District, and is consistent with its underlying land use designation of Commercial General (CG) Category. On November 21, 2006, the Community Development Board (CDB) approved with nine conditions a request to permit a 20,050 square-foot office building in addition to existing retail sales and services (FLD2006-07044). It is your desire to divide this developed lot into two lots, Parcel A for the office building and Parcel B for the existing retail sales and service use, for mortgage purposes and for the future sale of one or both lots. You are also in the process of completing a Declaration of Covenants, Restrictions and Easements for the overall property, which will include provisions restricting the future use of the West Marine retail sales and service building on Parcel B and include easements between and over the two lots. In accordance with Section 4-70 LC of the Community Development Code, I APPROVE of a Division of a Lot of Record for the above referenced property in order to divide the existing lot into Parcels "A" and "B" as proposed. Please find attached a completed Division of a Lot of Record Affidavit document, prepared by the Planning Department. Please record the Affidavit with the attached survey and legal descriptions for Parcels "A" and "B" with the Clerk of the Circuit Court. Once this document is recorded, please submit one copy of the recorded document to me for our records and files. Please be advised that this Division of FRANK HIBBARD, MAYOR 0 is C I°TYY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" May 22, 2007 Pratesi - Page 2 a Lot of Record, once recorded in the Public Records, meets the City's Community Development Code requirements for the future development of the property legally described. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727-562-4504. You may access our Planning Department through the City's website: www.myclearwater.com or his direct email address is wayne.wells(omyclearwater.com. Sincerely, Michael elk, AICP Planning Director Attachment Cc: Tom Mahony, Engineering Department S: (Planning DepartmentlLetterslDivision of Lot of RecordI Gulf to Bay 1721 PBP of Clearwater, LLC (C) MIS2007-050091 Gulf to Bay 1721 Development Order 5.22.07.doc .11.: ....<v, x7.,. r BURKE, CLERK OF COURT • LLAS COUNTY FLORIDA INST# 2007191666 06106/2007 at 12:10 PM OFF REC BK: 15826 PG: 1567-1575 DocType:AFF RECORDING: $78.00 AFFIDAVIT STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, this date appeared Wayne M. Wells, AICP, Planner III, of the City of Clearwater, Florida, who being first duly sworn, deposed and said: 1. That he is a Planner III in the Planning Department for the City of Clearwater, Florida, and that he has first hand knowledge of the information herein contained. 2. That on May 22, 2007, the City of Clearwater, Florida, approved a Division of a Lot of Record (Case File No. MIS2007-05009) for PBP of Clearwater, LLC, owner of the real property described below and located in Clearwater, Pinellas County, Florida (hereinafter the "Lot of Record"). Based upon the information submitted to the City by the applicant, the City determined that all requirements for such Division of a Lot of Record were complied with as required by Section -- - - 4-701..-C of the -Comm-nunity -Development Code of the City of Clearwater,- Florida. This Affidavit is made upon information currently available to the City of Clearwater, and is subject to change in the event that such information is subsequently determined to be incorrect. 3. That prior to the approval of the Division of a Lot of Record, the Lot of Record was legally described as: Parcel Number 14/29/15/85968/000/0010 (1721 Gulf to Bay Boulevard) - THE NORTH 342.0 FEET OF TRACT "A", A REPLAT OF BLOCK "D" OF SUBURB BEAUTIFUL, AS RECORDED IN PLAT BOOK 19, PAGE 100, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS THE NORTH 150 FEET OF THE WEST 150 FEET THEREOF; AND ALSO LESS THE SOUTH 60.0 FEET OF THE WEST 282.12 FEET THEREOF. PREPARED BY: City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756-5520 Case MIS2007-05009 - 1721 Gulf to Bay Boulevard - Page 1 of 4 f • • 4. That a certified copy of a survey for Parcels "A" and "B", dated May 3, 2007, prepared by Geodata Services, Inc., reflecting the new lot line locations as approved by this Division of a Lot of Record is attached to and submitted with this Affidavit for recording in the Public Records of Pinellas County, Florida. Said parcels are legally described as: PARCEL "A" - Parcel Number: 14/29/15/85968/000/0013; Address: 1715 Gulf to Bay Boulevard - A PORTION OF THE FOLLOWING DESCRIBED PARENT PARCEL: THE NORTH 342.0 FEET OF TRACT "A", A REPLAT OF BLOCK "D" OF SUBURB BEAUTIFUL, AS RECORDED IN PLAT BOOK 19, PAGE 100, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS THE NORTH 150 FEET OF THE WEST 150 FEET THEREOF; AND ALSO LESS THE SOUTH 60.0 FEET OF THE WEST 282.12 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "A", THENCE ALONG THE WESTERLY LINE OF SAID TRACT "A", SOUTH 02°30'00" EAST, A DISTANCE OF 150.14 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY LINE, NORTH 90°00'00" EAST, A DISTANCE OF 238.15 FEET; THENCE SOUTH 02°30'00" EAST, A DISTANCE OF 132.13 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE ABOVE DESCRIBED PARENT PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY, SOUTH 90°00'00" WEST, A DISTANCE OF 238.15 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE ABOVE DESCRIBED PARENT PARCEL, ALSO BEING A POINT ON THE WESTERLY LINE OF SAID TRACT "A"; THENCE ALONG SAID WESTERLY LINE, NORTH 02°30'00" WEST, A DISTANCE OF 132.13 FEET, BACK TO THE POINT OF BEGINNING. CONTAINING 0.722 ACRES MORE OR LESS. PARCEL "B" - Parcel Number: 14/29/15/85968/000/0010; Address: 1721 Gulf to Bay Boulevard - A PORTION OF THE FOLLOWING DESCRIBED PARENT PARCEL: THE NORTH 342.0 FEET OF TRACT "A", A REPLAT OF BLOCK "D" OF SUBURB BEAUTIFUL, AS RECORDED IN PLAT BOOK 19, PAGE 100, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. Case MIS2007-05009 - 1721 Gulf to Bay Boulevard - Page 2 of 4 0 0 LESS THE NORTH 150 FEET OF THE WEST 150 FEET THEREOF; AND ALSO LESS THE SOUTH 60.0 FEET OF THE WEST 282.12 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID TRACT "A", THENCE ALONG THE WESTERLY LINE OF SAID TRACT "A", SOUTH 02°30'00" EAST, A DISTANCE OF 150.14 FEET; THENCE DEPARTING SAID WESTERLY LINE, NORTH 90°00'00" EAST, A DISTANCE OF 150.14 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY BOUNDARY OF THE ABOVE DESCRIBED PARENT PARCEL, NORTH 02°30'00" WEST, A DISANCE OF 150.1.4 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT "A"; THENCE ALONG SAID NORTHERLY LINE, NORTH 90°00'00" EAST, FOR A DISTANCE OF 281.98 FEET TO THE NORTHEAST CORNER OF SAID TRACT "A"; THENCE ALONG THE EASTERLY LINE OF SAID TRACT "A", SOUTH 02°30'00" EAST, A DISTANCE OF 342.33 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE ABOVE DESCRIBED PARENT PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY THE FOLLOWING THREE (3) COURSES: (1) SOUTH 90°00'00" WEST, 150.00 FEET; (2) NORTH 02°30'00" WEST, 60.06 FEET; (3) SOUTH 90°00'00" WEST, 43.97 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, NORTH 02030'00 WEST, A DISTANCE OF 132.13 FEET; THENCE SOUTH 90°00'00 WEST, A DISTANCE OF 88.01 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 1.765 ACRES MORE OR LESS. 5. Nothing herein shall be construed to excuse full compliance with all applicable governmental requirements relating to the development of the aforementioned Lot of Record. ra, ayn . Wells, AICP Planner III Case MIS2007-05009 - 1721 Gulf to Bay Boulevard - Page 3 of 4 • • STATE OF FLORIDA COUNTY OF PINELLAS s -07 J? R+eeke IUy Commlasbn OV365SU Of a Expires December 25, 2005 (SEAL ABOVE) The foregoing insl 200; by-WAYNE Notary. _ on Number: Personally known ` Type of identification produced acknowledged before me this May 22, I on behalf of whom the instrument was f Notary Public Signature Name of Notary Printed SID 3 S`S(o3 _ or produced identification /U/,# Attachments: 1. Survey for Parcels "A" and "B", dated May 3, 2007, prepared by Geodata Services, Inc. 2. Sketch of Legal Descriptions for Parcels "A" and "B" (total of four pages), prepared by Geodata Services, Inc. S: (Planning DepartntentlLetterslDivision of Lot of RecordlGulf to Bay 1711 PBP of Clearwater, LLC (C) MIS2007-050MGulf to Bay 1721 Affidavit 5.21.07.doc Case MIS2007-05009 - 1721 Gulf to Bay Boulevard - Page 4 of 4 MAY 18 2007 3:33PM HP LRSERJET 3200 Jan 112 07 01:04p Geaoa Services, Inc. 727444 p.2 W.O. 3421.3 SECTION 14, TWP. 29 S., RGE. 15. E. PINELLAS COUNTY, FLORIDA S C - F- LEGAL I 9 0 0 0 0 1 n t i N 0 0 0 1 N J N C 0 O 100' R/W GULF TO BAY BOULEVARD _ 1 No? #ip wST CORNER Orc TRACT "A" 432.12'(P) I Po.C WEST(P) l N 90-00 00 E 281i98 -c N WEST o m L'i rf?N 150.0 p 1 O n N 4t 0 '? ?D?iO N Q a Q. ID N W l o o n P ?G?J 00 +? FtPG G?J? ? b I m .NOS = taO? \a N r4n I o 0.1 88.01' C O? '•, ? 'rU ? ? l mos. N 9 00 00" E 238.15 N P p?GE P`?OQ GFvl ` a ti ` ° `?E,a'C p o D N , PARCEL A L4 a C/) . }^ CI WN n a NO p ? InZ7 z ° TRACT A wo z Z' S90-00-00- W 23 1 ' 43.97 cw•. rl \ D Spu r obumARY P River PARCEL $ 1 C 1 WEST 282.12' cn Z ------------- --------- COW go-0-0,00, W to ' C -p- oQL 150.00 Q ?. TRACT NCLUDED .? o NOT 1 EAST(P) 432.12'(P) - l - BOULEVARD 3 60' R/W DESCRIPTION ON SHEET 2 DRAPW 8?' J.S.B. DA IF January 11, 2007 CHE:A47.; KED 9Y.' roe 3 42 E£T 1 OF 2 GEODATA SERVICES INC. 1822 DREW ST. ? SUITE 8 CLEARWATER, FL 33765 PHONE: (727) 4417-1763 LB 7456 NOTE THAT THIS bRAW NG WAY HAVE BEEN ALTERED IN SIZE BY REpRODlVCT10N. ,r p.2 t MAY 18 2007 3:34PM HP LASERJET 3200 Jan i2 07 01:05p Geo0a Services, Inc. 727446 p.3 W. 0. 3421.3 SECTION 14, TWP. 291S.,RGE. 15 FLORIDA PINELLAS CO T1 SKETCH-Off- LEGAL DESCRIPTION (PARCEL A): A portion of the following described parent parcel: The North 342.0 feet of TRACT ""100, Rof the Public MOCK Records af! SUBURB BEttYFUL, Pinellas as recorded In Plot Book 19, Pogo Florida. LESS the North 1 w s 26t of fthe eet test 150.0 feet thereof; AND ALSO LESS the South 40 feet of the Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A thenco along the westerly line of said TRACT "A", S 02'30'00" E, a distance of 150.14 feet to the POINT OF BEGINNING; thence departing said westerly fine. N 90'00'00" E. a distance of 236.15 E feet; thence S 0230'00" E, a distance offC2l1 thfeet to a point said- Sou he Southerly bound of the above described parent Paboundary, S 90'0700" W. o distance of 238.15 feet to o point on the westerly boundary of the r, above described parent parcel, also being a point on the westerly line of said TRACT g W: thence along said westerly line. N 02'30'00" W, o distance of 132.13 feet, back N to the POINT OF BEGINNING. N Containing 0.722 acres more or less. C D SKETCH ON SHEET 1 M 1 ;YVEY?R'8 C RnEreAT101? N 1, DENIMS J. EYRE. THE SURVEYS IN RESPONSIBLE CHARGE. HEREBY CERTIFY 'THAT THE SURVEY REPSENTED HEREON AND THAT SAID ABOVE GROUND SURVEY AND SKETCH o ARE ACCURATE TREO THE BEST OF MY KNOVLEOGE AND BELIEF. 1 FURTHER CERTIFY N THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.D27, FLORIDA STATUTES (OR RULE CHAPTER 61017--6..., F.A.C.) SURVEY NOT VALID UNLESS SEALED WITH AN EMBOSSED SEAL N NIS J. £ . .S. FLA. No. 2865 DAT£: J Ucry 12, 2 07 S N QRAWIV 8K J.S.8. R?ICES INC. . PATE January 11, 2007 GEODATA SE cfrECfcEO er. 1822 DREW ST. SUITE 8 -?. N r 9 sae IV.: 34 CLEARWATER, FL 33765 PHONE: (727) 447-1763 0 s7?EEr 2 2 LB 7466 0 NOTE THAT THIS DRAWNG MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. p.3 W.O. 3421.5 I ^v Of I V a, O I rr r aa/I Jr 4w. od- L GULF TO. BAY BOULEVARD 100' R/W y,?1 A0tA0Yb1? A/110Ar? MER?V ? Sammy, Sammy &W ro5 R q a£ I I i I ene r.ir reem t N Mom alt Y, 105110atl A N( M01D leetll2 Mt MA CrYMT M.2. r.Kl t2was o1ee . M0 Abrm CAM ¦AT It bat PODMM M x tTRTRA OOODaT.ANtmdf AGOM -ACTION-f,f.- TWP. 29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA DEWW"0! Q•AKM Ak N IwOm d M bq aa,oay peel pwa: 1A. Mvth 319-0 Mttda.a TRACT'A', a "-AT 6 SL= '01 of SLVURB BEAUTIFUL a1 ncaaa b Nat 9041 II, POP IM Of M K"c P-1, of Pin" Ca-t7 Nadt LESS th. Math l-'" fad of the rest 13ao Ml 0--t. NIB NSO LESS b. San 00.4 Mt W U. Nat ]62.1] 1.0 0-t P-"9 1a-• 7-9-4-4] da.-tad ee tdle< CYreeoa d th. Malbeea oaaw Of told TRACT •A•. thwN dwq the wat.fy IM Of a.N TRACT W. 5 997707 L d dMwY Of 15914 Mt to the PONT O BET7N0Nq a-- dwrtb0 tale "Awly lbw N 9017707 E t /btww of 775.17 ttat thaw S 073aw E a "a of 172.13 Mt to a pant an the SoaUa101wn1a? d the olt.w da.orEM p-wl pact 01ww d•n1 .ale 0eethady bawday S IOOabO' K d rpew .f t7BM real la a P:t .. M. 'my baxidwy of Bx above dacAod dowt aw4 dm Otbq . POW ee M .wtr17a r dad eele TRACT 'A'; axma olwq add owtaly da N 037000 K a d.row d 130.1] le.l pey b U (F BCLSNI,L ors l OARC111 BF A ptb. of -, Toteabq UaphN Oawt pwcd: 1a MOM 347.0 hat Of TRACT •A•, t SERAT OF BL= b• of SMUM SMT7UL ee larded In Not Boot 1L a•0• m0. Of tM legit Naawdt of )bdw Cantl, Naiad LESS M Nod IMO Mt Of M rod 1564 Mt 6. AM ALSO LESS M Seth 00.9 h.1 at t he rw;. IBL13 old 0xaeel. 0a1i0 mat 7-9a4a4y aawbM a Apat Ca ce at the Nagaaat ae- Of .w TRACT •A•, 0- d-'9 M aaak da d wle TRACT •A'. s 073WOOr E . d.tama of 130.14 foot tll?w aw0?0 add .wly Iba N 1090'OD' E . Set- at 15614 hd b Y. pdixT m ffl 4 - ; 0xmo dm0 Ma OOZY bwKWI OF M obaw dww?oW peet pat N 0779'00• K . dNbw d 15-11 fod.3o . pabl w M mNwly IM at tale mA9f 'A': theca d-p old moat) thr. N 9MOlr L Awa dfoN-o of W.98 feet to the NoMad pl? d tale TRACT the A•; Nwee buts M awl.ty bad old TRACT 'A', S IG771q• E o dabaw d N2.]] lee! b .pan! m aeethwy a) of (1 93 9I Or W K peen! Pa-09" pad: dap MN .atlM) be Pa-09" Nee (3) (>) awnwa (t) S W" feet (i) l M N G 117]0'07 K 6C.05 feet (3) et 5 s tOf1C00• W. 90.95 hat tlnla a•p-tn9 . -U-My 01 oot 0an0a2 N 047797 K . get- of 102.17 AN IFlwee 5 9011007 K o aldaY of m-01 .wt back pay b the PONT S BLTImON9. L=EGEND ® oanwvewe awoyowwlw-tee F.w[ art.r@ 9 tYmq aaM.-l w M ww.a?. aYr. tat tat arnaeetoc A ,Aw1w rgq..w (beet .. ee...-.aa. a uwsrwoitxaw.sno-a. utawo. alR FI Tlaat't ? oaalawa.aw w Ia.-,raw r ? Mw awwr a aaq.lY tat alati woo a.lwtw a a.r T.wlt Na.w ti ale taaA eeaT A K N o00aa( .c wee. w itatq.a ICY a tee- L V t ataaaaaaM a,eei lawl w o w we aaow w near ONwA tAA Yap -.4 aW ? {, sru? eal?cvc ' r . MAY 18 2007 3:34PM HP LRSERJET 3200 Jan 12 07 01:05p GeGoa Services, Inc. 727446'4 p.4 W. 0. 3421.4 SECTION 14, LLATWP. 29 S., S COUNT Y> RGE. 15 E. S?ETCH-- QF--LEG PINE . NoRTNEAsr cowrR OF TRACT 'A' EE N h m r 0 0 N r 0 y N b I N i 0 0 °a i s 4 M7 N a J A / fV m E a 0 P 100 R/YV GULF TO BAY BOULEVARD 1 NORTNNEV CORNER NORTNERL y aw of TRACT 'A' P A e% AWEST(P) i 432.12'(P) WEST N 90'00 00 . E 281.9E cn , m t? O ! 150.0 ? MESTERL Y 8o1lNDARY p N " PQf`O • WCn OF PARDVT PARCEL Q PGG?J?Z ?z i o 0 ?N o;u o? PARCEL B C ?O r^ 150.14 0' paB.S 88.01: W o 0" N 90,00 E 'Cl -? z 238.15 M z TRACT "A" P ?O 'C O F o S 0 4.3. 9 or, F N! C I o N o ANapF- -?1 Iw Cl 0 00" W ??' Q P v P "' z rn ? ? QP? Qp' I.;rn oz S 90'00'00" W 238.15' N 90'00 00 E 282.12' 0 at \ > S0U7HDW Y 8WNDARY OF PARENT PARCEL O m I WEST 282.12__ __-------11 Z S 90'00 C C P. 00 150.00 T I - S ^1 ?, a 0 o ?n a rn `" 0 ?- C CA 2 1 O q 4b W I>? ! C Z a= C cr 3 W f?'1 0 rn ° of TRACT "A" v NOT INCLUDED soumERLY BOwwy or PARENT PARCEL , ` EAST(P) 432.12'(P) CENTRAL, BOULEVARD " _ 60 R!W DESCRIPTION ON SHEET 2 DRAW BY.• J.S.B. DA7E• January 11, 200 GEQDATA SERVICES INC. CHECKED BY 1822 DREW ST. SUITE 8 ,roe No.: 4 CLEARWATER, Fl. 33765 CC" PHONE: (727) 447-1763 ?E? 1 ? 2 •?. LB 7466 ......gyn.,. NOTE THAT THS DRANW- MAY HAVt ntrn ..--- p.4 MAY 18 2007 3:34PM HP LASERJET 32d0 "Jan 1'2 07 01:05p Go*a Servic*s, Inc. 727444 p.5 W.O. 3421.4 SECTION 14, TEAS COUNTY, FLORIDA ->pF- ? PINELL SKETCH DESCRIPTION (PARCEL 8): A portion of the following described potent parcel: The North<s342.0 feet of TRACT a REEL T OF BLOCK s" of of SUBURBuBEAU IFUL, .as Pinellas nty, Florida recorded in Plot Book 19, page 100, of the Public LESS the North 150.0 feet of he West 150.0 feet thereof: AND ALSO LESS the South 60.0 feet of the fast thereof. Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A", thence along the westerly line of said TRACY "A". S 02730'00' E. a distance of 150.14 feet: thence deporting said westerly line. N 90100'00" E. a distance of 150.14 feet to the POINT OF BEGINNING; thence along the westerly boundary of the above described parent parcel. N 02'30'00" W, o distance of 150.14 feet to o point on the northerly line of said TRACT "A"; thence along said northerly N line, N 90'0000" E. for o distance -of 281.96 feet to the Northeast corner of said TRACT "A"; thence along the easterly line of said TRACT "A", S 02'30'00" E. a distance of 342.33 °D feet too point on the southerly boundary of the above described 5are t parcel; thence n along sold southerly boundary the following three (3) courses: (1) g feet: (2) N 0230'00" W, 60.06 feet; (3) S 90'00'00' W, 43.97 feet; thence deporting said southerly t of un88.01 cla yfeet O back ,to" the W, a POINT distance BEGINNING. 13113 feet; thence S 90'00'00" W, a distance Containing 1.765 acres more or less. SKETCH ON SHEET 1 SURVEYOR'S CERTMA I. OENNIS J. EYRE, THE SURVEYOR IN RESPONSIBLE CHARGE, HEREBY CERTIFY A THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROUND SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STAUDARDS IN SECTION 472027. 17--6.... F.A.C.) SURVEY NOT VALID . C-i n FLORIDA 5rA7UTES (OR RULE VATH AN EMBOSSED SEAL. 71 UNLESS SEALED WI A ^ 14NlS J. EYRE, 5. FLA. EC. No. ?865 & OA TE• Jo ry 12, 2007 0 N 0)?A WN 6Y.• J.S.B. DAM: January 11. 2007 GEODATA SERVICES INC. N Clef O gy- 1822 DREW ST. SUITE 8 W No.: 3 CLEARWATER, FL 33765 sHE? 2 of 2 PHONE. (727) 447-1763 LS 7466 0 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. P.5 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, May 31, 2007 3:00 PM To: 'epratesi@richardsgilkey.com' Cc: 'pcti@pilotconstruction.com'; Delk, Michael; Dougall-Sides, Leslie Subject: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. Emil - On May 4, 2007, Abdi Boozar-Jomehri dropped off a revised Declaration of Covenants, Restrictions and Easements (DCRE) for the above referenced property. The primary reason for the proposed Declaration was due to the issue of insufficient parking to satisfy the minimum requirements of the Code for both the existing West Marine (retail sales and services) and the proposed office building. We have reviewed the proposed revised document and provide the following comments that need to be addressed: 1. Section 3.3 - There exists an existing Comprehensive Sign Program for the overall property. Condition #4 on the approval of FLD2006-07044 requires the filing of a new Comprehensive Sign Program for the overall property, whether one or, now, two lots. The construction of signage (freestanding or attached) on either Parcel A or B affects the other Parcel and may require the modification of signage on both Parcels A and B, requiring cooperation of both Owners. This section should acknowledge the existing Comprehensive Sign Program and require cooperation of both Owners for the approval of signage on both Parcels A and B through a new Comprehensive Sign Program. 2. Section 6.1 - The proposed language is insufficient to adequately restrict future use of the West Marine building to a use of similar characteristics. The approval of FLD2006-07044 was based on a Parking Demand Study for a known, existing use. Should West Marine cease business at this location in the future, a future prospective tenant will not, most likely, have known characteristics that are quantifiable. The restrictive language necessary for this section needs to identify those acceptable characteristics for the future prospective tenant to ensure similarity with the existing tenant, such as type of business, type of clientele/customers, hours of operation, number of employees, whether there will be any "company" vehicles parked/stored or operating from the premises, square footages devoted to the different aspects of the business (retail sales floor area, storage floor area, number and type of service bays, etc.). Perhaps the consultants that assisted with the preparation of the FLD application materials could provide language for this section. 3. Section 11.7 - Modification or termination of the DCRE must require the acceptance or sign off of such modification by the City prior to the recording in the Public Records of the County. Most of the provisions in the DCRE are more property ownership relationship related, where the City most likely would not have any issue with such modification of DCRE language. There are some provisions, such as Section 6.1, that the City would have a much greater interest in any modification language. If you have any questions, feel free to contact me. Wayne E • Wells, Wayne From: Delk, Michael Sent: Thursday, May 24, 2007 8:49 AM To: Wells, Wayne; Dougall-Sides, Leslie Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. The three conditions seem appropriate and reasonable to me. mid -----Original Message----- From: Wells, Wayne Sent: Wednesday, May 23, 2007 6:38 PM To: Delk, Michael; Dougall-Sides, Leslie Subject: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. Michael/Leslie - Following is language I am proposing in an email to Emil Pratesi as a response to the revised Declaration of Covenants, Restrictions and Easements. While both of you have reviewed the revised document, the following are items that I see that still need to be addressed in the document (everything following this paragraph I have copied from a draft email I am awaiting to send to Mr. Pratesi). Please let me know what you think, so that I can send an appropriate email response to Mr. Pratesi (hopefully tomorrow): On May 4, 2007, Abdi Boozar-Jomehri dropped off a revised Declaration of Covenants, Restrictions and Easements (DCRE) for the above referenced property. The primary reason for the proposed Declaration was due to the issue of insufficient parking to satisfy the minimum requirements of the Code for both the existing West Marine (retail sales and services) and the proposed office building. We have reviewed the proposed revised document and provide the following comments that need to be addressed: 1. Section 3.3 - There exists an existing Comprehensive Sign Program for the overall property. Condition #4 on the approval of FLD2006-07044 requires the filing of a new Comprehensive Sign Program for the overall property, whether one or, now, two lots. The construction of signage (freestanding or attached) on either Parcel A or B affects the other Parcel and may require the modification of signage on both Parcels A and B, requiring cooperation of both Owners. This section should acknowledge the existing Comprehensive Sign Program and require cooperation of both Owners for the approval of signage on both Parcels A and B through a new Comprehensive Sign Program. 2. Section 6.1 - The proposed language is insufficient to adequately restrict future use of the West Marine building to a use of similar characteristics. The approval of FLD2006-07044 was based on a Parking Demand Study for a known, existing use. Should West Marine cease business at this location in the future, a future prospective tenant will not, most likely, have known characteristics that are quantifiable. The restrictive language necessary for this section needs to identify those acceptable characteristics for the future prospective tenant to ensure similarity with the existing tenant, such as type of business, type of clientele/customers, hours of operation, number of employees, whether there will be any "company" vehicles parked/stored or operating from the premises, square footages devoted to the different aspects of the business (retail sales floor area, storage floor area, number and type of service bays, etc.). Perhaps the consultants that assisted with the preparation of the FLD application materials (Keith Zayac and/or Robert Pergolizzi) could provide language for this section. 3. Section 11.7 - Modification or termination of the DCRE must require the acceptance or sign off of such modification by the City prior to the recording in the Public Records of the County. Most of the provisions in the DCRE are more property ownership relationship related, where the City most likely would not have any issue with such modification of DCRE language. There are some provisions, such as Section 6.1, that the City would have a much greater interest in any modification language. Thanks- Wayne 0 0 iris s f ?:+ f i PLANNING DEPARTMENT C IT'Y OF C LEARWAT'ER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 Mr. Emil G. Pratesi Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 Park Street Clearwater, FL 33756 Re: Development Order - MIS2007-05009 Division of a Lot of Record, 1721 Gulf to Bay Boulevard Dear Mr. Pratesi: PBP of Clearwater, LLC, is the owner of the following legally described property: May 22, 2007 Parcel Number 14/29/15/85968/000/0010 (1721 Gulf to Bay Boulevard) - THE NORTH 342.0 FEET OF TRACT "A", A REPLAT OF BLOCK "D" OF SUBURB BEAUTIFUL, AS RECORDED IN PLAT BOOK 19, PAGE 100, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS THE NORTH 150 FEET OF THE WEST 150 FEET THEREOF; AND ALSO LESS THE SOUTH 60.0 FEET OF THE WEST 282.12 FEET THEREOF. The above referenced property is currently zoned Commercial (C) District, and is consistent with its underlying land use designation of Commercial General (CG) Category. On November 21, 2006, the Community Development Board (CDB) approved with nine conditions a request to permit a 20,050 square-foot office building in addition to existing retail sales and services (FLD2006-07044). It is your desire to divide this developed lot into two lots, Parcel A for the office building and Parcel B for the existing retail sales and service use, for mortgage purposes and for the future sale of one or both lots. You are also in the process of completing a Declaration of Covenants, Restrictions and Easements for the overall property, which will include provisions restricting the future use of the West Marine retail sales and service building on Parcel B and include easements between and over the two lots. In accordance with Section 4-70 LC of the Community Development Code, I APPROVE of a Division of a Lot of Record for the above referenced property in order to divide the existing lot into Parcels "A" and "B" as proposed. Please find attached a completed Division of a Lot of Record Affidavit document, prepared by the Planning Department. Please record the Affidavit with the attached survey and legal descriptions for Parcels "A" and "B" with the Clerk of the Circuit Court. Once this document is recorded, please submit one copy of the recorded document to me for our records and files. Please be advised that this Division of FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" 0 0 May 22, 2007 Pratesi - Page 2 a Lot of Record, once recorded in the Public Records, meets the City's Community Development Code requirements for the future development of the property legally described. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner 111, at 727-562-4504. You may access our Planning Department through the City's website: www.myclearwater.com or his direct email address is wayne.wells@Myclearwater.com. Sincerely,' ?j Michael elk, AICP Planning Director Attachment Cc: Tom Mahony, Engineering Department S: (Planning DepartmenALetterslDivision of Lot of Recor&Gulf to Bay 1721 PBP of Clearwater, LLC (C) MIS2007-050091Gulf to Bay 1721 Development Order 5.22.07.doc Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, May 14, 2007 8:46 AM To: Wells, Wayne Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. No, I am not aware of any. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Wells, Wayne Sent: Friday, May 11, 2007 3:18 PM To: Dougall-Sides, Leslie Cc: Delk, Michael Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. Leslie - I am reviewing the revised document and upon completion will be sending Mr. Pratesi revised comments (copy to Michael and you, as some items are still not addressed or are not adequately addressed). The cover letter submitted when Abdi Boozar-Jomehri dropped the revised document off to me indicates that the "proposed Declaration of Covenants and Restrictions to be incorporated by reference in the City prepared Development Agreement". I am not aware of any Development Agreement the City is preparing, are you? Wayne -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, May 10, 2007 12:24 PM To: Wells, Wayne Subject: RE: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. With the revisions, the DCRE addresses the concerns previously raised and appears to be sufficient to record. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Wells, Wayne Sent: Friday, May 04, 2007 5:34 PM To: Delk, Michael; Dougall-Sides, Leslie Subject: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. Michael/Leslie - Abdi Boozar-Jomehri submitted to me this afternoon revised copies of the Declaration of Covenants, Restrictions and Easements (hard copy only) for the property at 1721 Gulf to Bay Blvd. He hopes this revised document addresses our comments emailed to Emil Pratesi on April 20, 2007, and modified by email on April 26, 2007. 1 will send the revised document to Leslie through interoffice mail. Please review the resubmission. Wayne , LAW OFFICES RICHARDS, GILKEY, FITE, SLAUGHTER, PRATESI & WARD, P.A. RICHARDS BUILDING 1253 PARK STREET CLEARWATER, FLORIDA 33756 RALPH RICHARDS (1893-1980) TEL: (727) 443-3281 JOHN D. FITE (19332000) FAX: (727) 446-3741 JOHN E. SLAUGHTER, JR. EMIL G. PRATES] R. CARLTON WARD THEO J. KARAPHILLIS May 4, 2007 Via Hand Delivery Wayne Wells City of Clearwater Senior Planner Planning Department 100 South Myrtle Suite 200 Clearwater FL 33756-4420 Re: Case No. FLD2006-07044 Owner: PBP Of Clearwater, LLC 1721 Gulf To Bay Blvd. Clearwater, Florida Dear Wayne: OF COUNSEL WILLIAM W. GILKEY PATRICK W. RINARD ROBERT C. BURKE, JR. ORIGINAL RECEIVED MAY 0 4 2007 PLANNING DEPARTMENT CITY OF CLEARWATER This letter constitutes a request to divide the property subject to the above application into two lots as required by that certain e-mail dated April 26, 2007, copy enclosed. All correspondence concerning this application should be directed to my attention at the address listed above as counsel for the owner. Enclosed is a copy of the recorded deed splitting the property into two distinct parcels, together with the separate tax identification numbers, three (3) signed, sealed Surveys of both parcels and an application fee of $150.00. I also enclose a copy of the proposed Declaration of Covenants and Restrictions to be incorporated by reference in the City prepared Development Agreement. 1 0 0 Wayne Wells City of Clearwater May 4, 2007 Page Two Should you have any questions, please feel free to contact me. Ve truly y u s, l i Pr to i EGP/mk Enclosure cc: Abdi R. Boozar-Jomehri This document prepared by ORIGINAL and should be returned to: RECEIVED Emil G. Pratesi, Esquire MAY 04 2001 Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. PLANNING DEPARTMENT 1253 Park Street CITY OF CLEARWATER Clearwater, Florida 33756 DECLARATION OF COVENANTS. RESTRICTIONS AND EASEMENTS THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made and entered into as of this day of , 20_, by P B P OF CLEARWATER, LLC, a Florida limited liability company (the "Declarant"). RECITALS: A. Declarant is the owner of certain property located in Pinellas County, Florida, as more particularly described in Exhibit "A" attached hereto (the "Property"). B. Declarant intends that the Property be developed. (the "Project") C. The Project, as currently contemplated, is shown on the site plan attached to this Declaration as Exhibit "B" (defined in Section 1.1 below as the "Site Plan"). E. Declarant recognizes that for the most efficient development and operation of the Project it is necessary that the development and operation of the Property be integrated in certain respects. F. Declarant by the recordation of this Declaration establishes certain covenants, restrictions and easements with respect to the Project for the benefit of the current and future owners of the Property. ARTICLE I. DEFINITIONS 1.1. Definitions. When used in this Declaration, the following words shall have the respective meanings set out below. (a) "Assessment(s)" shall mean the Common Area Assessments and Special Assessments provided for in Article IX of this Declaration. (b) "Building(s)" shall mean the building(s) from time to time existing on each Parcel. ti 12 )? ? 7h i oyne ?OFV ?IIv4v--3 PAI /J .r77 x ?. 0 0 (c) "City" shall mean the City of Clearwater, Florida. (d) "Common Areas and Facilities" shall mean the portions of the Project intended for the nonexclusive common use by the Owners and, to the extent provided for herein, their Permittees. Common Areas and Facilities shall include, without limitation, the following as they may exist from time to time on the Parcels: the roadway and drive aisles as they may exist from time to time on Parcels "A" and "B" which are so designated on the Site Plan, and any other roadways and drive aisles which may from time to time be so designated by the Declarant or the Owners, any common stormwater collection and retention facilities, any common sewer facilities, landscaped areas at entryways, medians and buffers, conservation areas, lighting, common lighting facilities, and any common signs. (e) "Common Area Costs" shall be the reasonable direct costs actually incurred by the Managing Owner to fulfill its obligations under this Declaration relative to the operation and maintenance of the Common Areas and Facilities. All Common Area Costs that are considered capital costs or expenditures by generally accepted accounting principles shall be amortized and assessed over their useful lives. (f) "County" shall mean Pinellas County, Florida. (g) "Declarant" shall mean P B P of Clearwater, LLC, a Florida limited liability company, or its successor who is expressly assigned the rights of Declarant under this Declaration by an assignment document executed by the then Declarant, referencing this Declaration and recorded in the Public Records of the County. (h) "Declaration" shall mean this Declaration of Covenants, Restrictions and Easements, as it may from time to time be amended. (i) "Default Interest Rate" shall mean the lesser of (i) five percent (5%) per annum in excess of the "Prime Rate," and (ii) the highest lawful rate. The "Prime Rate" shall mean the "Prime Rate" as published in The Wall Street Journal in its Money Rates Table (or any successor format, whether in print or on-line). If there shall be no such published rate the Managing Owner shall select an alternative method of determining the then "Prime Rate" based upon an equivalent rate charged by one or more major U.S. banks. 0) "Managing Owner" shall mean the Owner of Parcel "A". (k) "Member" shall mean a person or entity meeting the criteria and qualifications necessary to be an Owner under this Declaration. (1) "Mortgagee" shall mean the holder of any first mortgage encumbering any Parcel. (m) "Owner" as it relates to any Parcel, shall mean the Person then holding fee simple title to the Parcel. If more than one Person holds fee simple title to the Parcel, all such Persons, collectively, jointly and severally, shall be the Owner of the Parcel. In the 0 0 event a copy or memorandum of a lease is recorded which provides that the Person holding the leasehold estate as tenant thereunder shall be treated as the Owner under this Declaration, such Person shall be deemed the Owner of the Parcel for the purposes of this Declaration; provided that such designation will not release the Person who would otherwise be the Owner of the Parcel from its obligations under this Declaration in the event of a failure of such tenant to comply with the terms of this Declaration. (n) "Parcel(s)" shall mean, individually or collectively, Parcel "A" and Parcel "B" as more particularly described on Exhibit "C" attached. (o) "Parcel's Proportionate Share" shall mean, with respect to the following Parcels, as follows: Parcel "A" 50% Parcel "B" 50% 100% (p) "Permittees" shall mean the Owners, all Persons from time to time entitled to the use and occupancy of any Parcel under any lease, deed or other arrangement, and their respective officers, directors, employees, agents, contractors, customers, visitors, invitees, licensees, mortgagees in possession, tenants, sub-tenants and concessionaires. (q) "Person(s)" shall mean and include individuals, partnerships, firms, associations, joint ventures, corporations, limited liability companies, limited liability partnerships, and any other form of legal entity having legal capacity. (r) "Prior Restrictions" shall mean those certain restrictions recorded in Official Records Book 4193, Page 1238, of the Public Records of Pinellas County, Florida. (s) "Project" shall mean the project to be developed on the Property, currently contemplated to be developed substantially as shown on the Site Plan. (t) "Property" shall mean the real property described in Exhibit "A" to this Declaration. (u) "Site Plan" shall mean the Site Plan for the Property, a reduced copy of which is attached hereto as Exhibit "B", as it may be amended in accordance with Section 5. 1 of this Declaration. (v) "Exhibit(s)" shall mean the Exhibit(s) referenced in and attached to this Declaration, all of which are a part of this Declaration. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION The Property shall be held, used, transferred, mortgaged, sold, conveyed, and occupied subject to this Declaration. The covenants, restrictions and easements set out in this Declaration are to run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of Parcels or portions thereof subsequently executed. It is the intent of Declarant that this Declaration, which grants perpetual easements and provides for their use, maintenance and repair, be perpetual in nature, subject, however, to the terms, conditions and provisions of this Declaration. In the event applicable law prohibits a provision or provisions of this Declaration from being enforced in perpetuity, then such provision or provisions shall be enforced for the maximum time period permitted under applicable law and all other provisions of this Declaration, which under applicable law can be perpetual, shall be perpetual. The Property shall also be held, used, transferred, mortgaged, sold, conveyed and occupied subject to the Prior Restrictions. ARTICLE III. CONSTRUCTION OBLIGATIONS 3.1. Common Area Construction. Declarant shall construct, or cause to be constructed, the Common Areas and Facilities shown on the Site Plan. 3.2. General Construction Requirements. Each Owner agrees that any construction work to be undertaken on its Parcel shall be performed (a) so as not to unreasonably interfere with any construction work being performed on the remainder of the Property, and (b) so as not to unreasonably interfere with and minimize disruptions of the access to, use, occupancy and enjoyment of the remainder of the Project, including, without limitation, the Common Areas and Facilities. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be promptly restored and repaired by such Owner, at such Owner's sole cost and expense, to the reasonable satisfaction of the Owner of the affected Parcel or, as to the Common Areas and Facilities. 3.3. Signs. Each Owner may place such sign or signs on its Building and its Parcel as shall be permitted by applicable governmental authorities. ARTICLE IV. EASEMENTS 4.1. Easements. Declarant hereby establishes, grants and conveys to and for the benefit of all Owners and their respective Parcels, the following easements: (a) Ingress, Egress and Access Easement. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over and across all roadways and drive aisles as they may exist from time to time on the respective Parcels, for vehicular and pedestrian ingress and egress by the Owners and their respective Permittees. The vehicular drive aisles shall not be materially altered from that shown on the Site Plan so 0 0 as to obstruct or impair ingress and egress to the other respective Parcels, without the consent of the Owners of all Parcels. (b) Parking. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over an across the parking spaces as they may exist from time to time, on the respective Parcels for the parking of vehicles by such Owner and its respective Permittees. (c) Encroachment. Each Parcel and Owner shall have a nonexclusive perpetual easement in, on, and under the non-Building areas of the other Parcels for minor encroachments for curbing, landscaping and underground irrigation and incidental utility lines, which are used and located in a manner so as not to interfere with the development or use of the affected Parcel; provided that if any such encroachment interferes, in any material respect, with the then existing or proposed future use of the affected Parcel, the Owner of the affected Parcel shall have the right, by sixty (60) days notice to the Owner of the Parcel from which the encroachment occurs, to require the relocation of the encroaching item (if a suitable alternative location exists on the affected Parcel) or (if no suitable alternative location exists on the affected Parcel) the removal of the encroaching item. (d) Sewer. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to and over the Common Areas and Facilities for sanitary sewer to tie into, connect with, use, maintain, repair, and replace, all only to the extent reasonably necessary, any underground sanitation or storm sewer facilities, now or hereafter installed thereon. (e) Utilities. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for utility purposes to tie into, connect with, use, maintain, repair and replace, all only to the extent reasonably necessary, any underground utilities, now or hereafter installed thereon. (f) Maintenance. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for the maintenance, repair and replacement of the Common Areas and Facilities, to the extent necessary to fulfill the obligations or to exercise the rights created by this Declaration. 4.2. Temporary Construction Easement. Declarant hereby reserves unto itself a nonexclusive temporary construction easement in, to and over the Property (except for Parcel "B") for the purpose of constructing the Common Areas and Facilities. Declarant agrees that it will carry out the construction of the Common Areas and Facilities in a manner so as not to unreasonably interfere with the construction work being performed on the remainder of the Property. The temporary construction easement created by this Section 4.2 shall be conclusively deemed to be terminated on the date which is three (3) years from the date of this Declaration, unless prior to such time, Declarant,records in the Public Records of the County a notice that the construction contemplated by this Section has not been completed, which specifically references this Declaration and this Section and contains a substitute outside completion date, which shall 0 0 automatically replace the date contained in the previous sentence for purposes of this Declaration. 4.3. Additional Easements. Declarant reserves the right at any time and from time to time to (and upon reasonable request from any Owner shall) grant additional easements over the Property, without the consent or joinder of any other party, provided that (a) any such easement must (i) be to provide utilities (public or private) or other services to one or more of the Parcels, (ii) be granted by a document executed by Declarant and referencing that it is granted pursuant to the rights reserved in this Section, and (b) the grantee of such easement agrees in the granting document to repair and restore any damage to the improvements or landscaping within the easement area caused by the grantee's activities in or use of the easement area and that the grantee shall conduct its activities within the easement area in a manner, to the extent practical, to minimize any disruption to the businesses being conducted on the affected Parcel(s). 4.4. Unauthorized Use of Common Area. Each Owner as to its Parcel, has the right to eject or cause the ejection from the Common Areas and Facilities of any Person not authorized to use the Common Areas and Facilities pursuant to this Declaration. 4.5. Prohibition Against Granting Easements. No Owner shall have the right to grant or convey the right to use any easements created by this Declaration for the benefit of any property not within the Project, without the consent of all Owners. 4.6. Easements Limited. The easements created by this Declaration are appurtenant to the Parcels. Nothing in this Declaration is intended to be a dedication to the public or to create any rights in the general public to use any portion of the Common Areas and Facilities. ARTICLE V. PROJECT DEVELOPMENT RESTRICTIONS AND OPERATIONAL COVENANTS 5.1. Common Areas. No portion of the Common Areas and Facilities may be used for any purpose other than its intended purpose without the consent of all Owners. 5.2. Construction and Design of Improvements. Every building now or in the future constructed on any part of the property shall be constructed, operated and maintained so that the same is in compliance with all Laws, and shall be of first quality construction, in conformity with sound architectural and engineering standards. 5.3. Insurance. Throughout the term of this Declaration, each Owner shall procure and maintain comprehensive public liability and property damage insurance against claims for personal injury, death or property damage occurring upon such Owner's parcel, with single limit coverage of not less than an aggregate of One Million and 00/100ths Dollars ($1,000,000.00) including umbrella coverage, if any, or such greater amount as may from time to time be reasonable and prudent under the circumstances. This insurance is to insure against potential liability for losses or damages that might occur on or to the Property, including, without limitation, the easement areas thereof. Upon the request of any Owner, each of the other Owners shall provide such Owner with proper evidence of the existence of such liability insurance. 0 0 5.4. Dumpsters. All outdoor trash and garbage receptacles shall be screened with an opaque enclosure constructed from a material durable enough to withstand the abuse resulting from periodic servicing and architecturally detailed or finished consistent with or to complement the Buildings on the Parcel serviced by the receptacle and in conformance with City requirements. ARTICLE VI. USE RESTRICTIONS 6.1. Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: Single purpose entity whose traffic impact will not create any material change from that created by the existing West Marine Use. ARTICLE VII. MAINTENANCE OF COMMON AREAS AND FACILITIES; LIGHTING 7.1. Maintenance of Property. Each Owner shall, at all times during the term of this Declaration, maintain its Parcel in good order, condition and repair, consistent with the class and character of the Project. 7.2. Maintenance of Common Area. Managing Owner shall, at all times during the term of this Declaration, operate and maintain (including necessary or desirable repairs and replacements) the Common Areas and Facilities in compliance with all applicable governmental laws, regulations, ordinances and directives (collectively, "Laws") and the provisions of this Declaration. The Managing Owner shall use commercially reasonable efforts to manage the costs and expenses associated with operating and maintaining the Common Areas and Facilities for the mutual benefit of the Members. 7.3. Failure to Maintain. In the event the responsible Owner fails to maintain any part of the Common Area and Facilities as provided herein, any other Owner shall have the right, upon no less than thirty (30) days prior notice to the responsible Owner, to perform delinquent maintenance required hereunder. The responsible Owner shall reimburse the Owner performing such maintenance of the costs thereof (less such Owner's Proportionate Share) within thirty (30) days of receipt of an invoice therefor, accompanied by appropriate supporting documentation. ARTICLE VIII. PAYMENT OF COMMON AREA COSTS 8.1. Right to Reimbursement. The Managing Owner shall be entitled to reimbursement for the Common Area Costs by all of the Owners of the Parcels pursuant to the terms of this Article. 8.2. Assessments Established. The Owners through its or their ownership of a Parcel, covenant to pay to the Managing Owner Common Area Assessments and Special Assessments (as defined below), together with all excise or other taxes, if any, that from time to time may be imposed upon all or any portion of the Assessments established by this Article. 0 0 8.3. Common Area Assessment. The Managing Owner shall levy an annual assessment (the "Common Area Assessment") to be used exclusively to reimburse itself for Common Area Costs incurred pursuant to this Declaration. The amount of the annual Common Area Assessment shall be fixed by the Managing Owner and a proposed budget shall be sent to all Owners by the Managing Owner at least forty-five (45) days in advance of each calendar year; but any delay in delivering the notice shall not invalidate an otherwise valid Assessment. The Common Area Assessment shall be payable in quarterly installments, but may be prepaid in whole at any time or times during the applicable calendar year. Common Area Assessments for each Parcel shall commence with respect to the Parcel on the earlier of (i) the first day of the calendar month following the date the Parcel is first conveyed by Declarant (other than to a successor Declarant) and (ii) the first anniversary of the date the first Parcel is conveyed by Declarant (other than to a successor Declarant). 8.4. Special Assessments. In addition to the Common Area Assessment, the Managing Owner may levy a special assessment ("Special Assessment") for the purpose of defraying (i) Common Area Costs which exceeded the Common Area Assessments for any calendar year, or (ii) the cost of any repairs or replacements constituting Common Area Costs but not included in the Common Area Assessment for that calendar year. Special Assessments shall be due within thirty (30) days after written notice from the Managing Owner, to be accompanied by a reasonably detailed statement showing the basis for the Special Assessment. 8.5. Allocation of Common Area and Special Assessments. The Common Area Assessments and Special Assessment shall be allocated based upon each Parcel's Proportionate Share. 8.6. Year End Reconciliation. Within one hundred twenty (120) days after each calendar year ends, or as soon thereafter as is reasonably practical, the Managing Owner shall provide to each other Owner an itemized statement (the "Statement") showing in reasonable detail the actual Common Area Costs incurred for the calendar year just ended, broken down by component expenses. Any excess funds from the prior year's Common Areas Assessment shall be, at the option of the Managing Owner, (i) applied to the next year's budget, or (ii) refunded to the Owners concurrently with the delivery of the Statement. Assessments for the first year in which any Parcel is subject to Assessments hereunder shall be prorated (such proration to be included in the Statement) based upon the number of days including and after the date Assessments commence for the Parcel compared to the total number of days in the calendar year. 8.7. Audit Rights. The Managing Owner shall keep accurate and complete books and records relative to the Common Area Costs. Each Owner shall have six (6) months after receiving the Statement to request an audit of the Managing Owner's books and records concerning the Common Area Costs reflected on the Statement, at a mutually convenient time and at a location designated by the Managing Owner in the County. If any Owner disputes the accuracy of the Statement, the Owner shall still pay the amount shown owing, subject to its right to recover any overpayment revealed by an audit to be conducted by the contesting Owner at its cost, except as provided for below. If a request for an audit is not made within the six (6) month period, any nonrequesting Owner shall have waived its right to an audit relative to that Statement, unless a subsequent Statement is discovered to be inaccurate as a result of a willful attempt by the Managing Owner to recover improper amounts from the other Owners. If any 0 0 audit shows that a Statement reflects amounts being improperly charged to the Owners, the Managing Owner shall reimburse the Owners for the overcharge. In addition, if any audit shows that a Statement reflects amounts being improperly charged to the Owners in an amount equal to more than ten percent (10%) of the total Common Area Costs, the Managing Owner shall pay interest to all the Owners on the amounts improperly collected at the Default Rate and shall reimburse the auditing Owner for the cost of the audit. If the Managing Owner disputes the accuracy of any audit, the dispute shall be settled by arbitration pursuant to the terms of this Declaration. 8.8. Certificate. Within ten (10) days of a request, the Managing Owner will furnish to any interested person a certification setting forth whether the Common Area Assessments and any Special Assessments have been paid relative to any Parcel and, if not, the unpaid balance(s). The Managing Owner may charge a reasonable administrative fee for such certifications. ARTICLE IX. REMEDIES FOR VIOLATION 9.1. Remedies. If any Owner breaches any provision of this Declaration, then any other Owner may pursue any remedy provided by law. All remedies under this Declaration or at law are cumulative and not exclusive. The exercise of one remedy shall not be deemed to preclude the exercise of other remedies. Reference to remedies "at law" or "by law" shall also include any remedies available "in equity." 9.2. Iniunctive and Declaratory Relief. Without limiting any other remedies provided for in this Declaration or by law, each Owner shall have the right to enjoin any violation or threatened violation of this Declaration and to bring an action for declaratory relief in a court of competent jurisdiction in connection with any violation or threatened violation of this Declaration. It is acknowledged by all Owners that injunctive relief is a necessary remedy in order to preserve, for all Owners, the benefits of this Declaration. 9.3. Owner's Right to Cure or Abate. If any Owner violates any covenant, condition or restriction contained in this Declaration, or permits or suffers any occupant of its Parcel or Permittee to violate any covenant, condition or restriction of this Declaration, then in addition to any other remedy provided for in this Declaration, any Owner (the "Creditor Owner") may demand by written notice (the "Default Notice") to the defaulting Owner (and its Mortgagee, if required by Section 13.4 of this Declaration) that the violation be cured. If the defaulting Owner does not cure the violation within thirty (30) days after receipt of the Default Notice, or if such default is not a default in the payment of money and of a kind which cannot reasonably be cured within thirty (30) days, and the defaulting Owner does not within such thirty (30) day period commence to cure such default and diligently thereafter prosecute such cure to completion, then the Creditor Owner shall have the right to cure the default of the defaulting Owner. The defaulting Owner shall, within fifteen (15) days of written demand by the Creditor Owner, accompanied by appropriate supporting documentation, reimburse the Creditor Owner for all costs and expenses incurred by the Creditor Owner in undertaking any of the actions permitted by the preceding sentence, including without limitation, reasonable wages, benefits and overhead allocable to the time expended by any employee of the Creditor Owner in taking such actions. 9.4. Lien. Any Creditor Owner, any Owner relative to sums awarded pursuant to an arbitration under the terms of this Declaration and not paid when due, and/or the Managing Owner relative to past due Assessments or Parcel "B" Contributions, shall be entitled to a lien against the Parcel of the defaulting Owner, which lien shall be created and foreclosed in accordance with this Section: (a) Creation. A lien authorized by this Section shall be created by recording a written instrument (the "Claim of Lien") in the Public Records of the County, which (i) references this Declaration by date of recordation and recording information, (ii) alleges a specific breach of this Declaration, (iii) states the amount owed by the defaulting Owner through the recording date of the Claim of Lien, (iv) contains a legal description of the Parcel of the defaulting Owner, and (v) is executed and acknowledged by the Creditor Owner, the Owner receiving the arbitration award, or the Managing Owner, as applicable. A copy of the Claim of Lien shall be forwarded to the defaulting Owner prior to or concurrently with its recordation. (b) Amount. A lien created pursuant to this Section shall include (i) the amount stated in the Claim of Lien, (ii) all costs and expenses incurred in creating and foreclosing such lien (including attorneys' fees), and (iii) interest as set out in this Article below. (c) Priority. The priority of a lien created pursuant to this Section shall be established solely by reference to and shall be as of the date the Claim of Lien is recorded in the Public Records of the County (not the date of the recording of this Declaration). (d) Extinguishment. If the defaulting Owner cures its default and pays all amounts secured by a lien created pursuant to this Section, the Creditor Owner shall record an instrument sufficient in form and content to clear title to the Parcel of the defaulting Owner from the Creditor Owner's lien. (e) Foreclosure. A lien created pursuant to this Section shall be foreclosed judicially, in the same manner as provided for foreclosure of a real property mortgage in the State of Florida. 9.5. Interest. Any amount payable under this Declaration that is not paid within thirty (30) days after written notice to the applicable Owner that such amount is past due shall bear interest from the date of the notice at the Default Rate. 9.6. Personal Obligation. All amounts due under this Declaration, including, without limitation, the Assessments, are the personal obligation of the Owner of the applicable Parcel when such amounts became due. Any amounts secured by a Claim of Lien are also the personal obligation of any successor Owner who acquired title to the Parcel after a Claim of Lien was recorded in the Public Records of the County. 9.7. Subordination of Liens. Any lien created pursuant to this Article 9 shall be subordinate to the lien of any first mortgage of record which is (i) executed in good faith and value, (ii) to provide financing for the acquisition and/or development of a Parcel or the construction, repair or reconstruction of improvements thereon, and (ii) in favor of a Mortgagee. The sale or transfer of any Parcel shall not affect the validity or enforceability of any lien; provided, however, that notwithstanding the foregoing, the sale or transfer of any Parcel thereon pursuant to the proper foreclosure of a first mortgage or deed in lieu by any Mortgagee shall extinguish any lien created under this Article 9 which became due and payable prior to the date of such foreclosure sale, unless a Claim of Lien was recorded prior to the recordation of the mortgage which has been foreclosed. In no event shall the foreclosure of any mortgage or deed in lieu prejudice the rights of the Managing Owner to collect any delinquent Assessments from the prior Owner who shall remain personally liable for the payment of such Assessments. No foreclosure sale or transfer shall relieve any Owner or any Parcel from liability for any Assessments which become due subsequent to the date of such foreclosure sale or from the lien of such Assessments. ARTICLE X. ARBITRATION 10.1. Disputes Subiect to Arbitration. Any dispute that is by the terms of this Declaration expressly made subject to this Article and any dispute that the parties to the dispute agree in writing to submit to arbitration pursuant to this Article may be settled by binding arbitration pursuant to this Article. No other disputes shall be subject to arbitration pursuant to this Article. 10.2. Request for Arbitration. In the event of any dispute between two or more Owners, which is subject to arbitration pursuant to this Article, any of the disputing Owners may provide to the other Owner(s) a written notice of its demand to have the dispute settled by arbitration pursuant to this Article. 10.3. Procedure. (a) Selection of Arbitrator. Within twenty (20) days of the delivery of a demand for arbitration the parties shall agree upon a single arbitrator. In the event the parties cannot agree upon an arbitrator, the parties shall petition the Circuit Court of Pinellas County, Florida for the appointment of an arbitrator. The arbitrator shall be knowledgeable and have substantial experience in the subject matter of the dispute. No arbitrator, nor any firm with which the arbitrator is associated, shall have represented either party to the dispute within the preceding five (5) years. (b) Arbitration Session. Within thirty (30) days of the selection of the arbitrator, the parties shall hold an arbitration session not to exceed one day in length unless the arbitrator agrees a longer period is necessary. The arbitration shall be conducted in the County, and any party may be represented by counsel or other authorized representative. The parties may offer such evidence as is relevant and material to the dispute. The arbitrator shall be the sole judge of relevance and materiality. (c) Decision. The decision of the arbitrator shall be binding on the parties and may be confirmed by the Circuit Court of Pinellas County, Florida. The arbitrator's decision shall be in writing, signed by the arbitrator, and consist of two (2) parts as follows: s • (i) a "Decision" portion stating the decision of the arbitrator on the issue presented, including any sums awarded to any party; and (ii) a "Reasoning" portion stating the reasoning of the arbitrator in reaching its Decision. 10.4. Arbitration Award. Any amount awarded to any Owner by the arbitrator pursuant to this Article shall be due and payable within twenty (20) days after the decision of the arbitrator becomes final. Failure to pay the amount due shall entitle the party who received the award to the remedies provided for in the relevant provisions of this Declaration. 10.5. Fees and Costs. Each party shall pay its own attorneys fees and costs in connection with the arbitration. If a party or parties to the arbitration receive substantially all the relief requested in the arbitration, as determined by the arbitrator as part of its Decision, the other party or parties shall pay the fees of the arbitrator, otherwise the fees of the arbitrator shall be divided equally between the parties. ARTICLE XI. MISCELLANEOUS 11.1. Notices. Any notice required or permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes if sent (i) by hand delivery, with a signed delivery receipt, (ii) by registered or certified mail (return receipt requested), postage and charges prepaid, or (iii) by a reputable overnight delivery service with the ability to confirm delivery, addressed as follows: To Declarant: P B P of Clearwater, LLC 685 Main Street, Suite A Safety Harbor, Florida 34695 Fax: 727-725-2317 Any such notice shall be deemed to be given on the date on which it is received or receipt thereof is refused. Any Owner may designate or change its notice address by notice to all other Owners in accordance with this Section. 11.2. Attorneys' Fees. In the event of any action between any of the Owners for breach of or to enforce any provision or right under this Declaration, the prevailing Owner shall have the right to recover all costs and expenses incurred, expressly including, but not limited to, reasonable attorneys' fees incurred in connection with such action. 11.3. Breach Shall No_t_ Permit Termination. No breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration. 11.4. Rights of Mortgagee. The Mortgagee of any Owner, shall be entitled to a simultaneous copy of any Default Notice served on such Owner, served in the same manner that other notices are required to be given under this Declaration; provided that the Mortgagee shall have, prior to the time of the default, notified the Owner giving the Default Notice of the Mortgagee's mailing address. 9 0 11.5. Effect on Third Parties. Except for Section 11.4, which is for the benefit of a Mortgagee, this Declaration is for the sole benefit of the Owners and not any third party. 11.6. No Partnership. Nothing in this Declaration is intended to create the relationship of principal and agent, or of partnership, or of joint venture, or of any similar relationship between any of the Owners. 11.7. Modification. No modification to or termination of this Declaration shall be valid or effective unless in writing, referencing this Declaration by date of recordation and recording information, signed by each of the Owners and recorded in the Public Records of the County. 11.8. Severabilitv. In the event any portion of this Declaration, or the application of any provision of this Declaration to any particular circumstance is held to be invalid or otherwise unenforceable by any court of competent jurisdiction, such holding shall in no way affect the remainder of this Declaration or any valid and enforceable application of any provision of this Declaration. 11.9. Governing Law. This Declaration and shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida. 11.10. Interpretation. This Declaration shall be construed in accordance with its intent of providing for the efficient integration of the Parcels into a functional project. It shall not be construed more strictly for or against Declarant or any Owner. Article and Section titles in this Declaration are inserted for convenient reference, and no way define, limit, extend, or describe the scope of any provisions of this Declaration. 11.11. Release. If an Owner shall transfer fee simple title to its entire Parcel, it shall be released from all obligations under this Declaration accruing from and after the date of such transfer. This Declaration is binding on the Owners relative only to obligations accruing during their respective periods of ownership of a Parcel, except as expressly provided for in Section 9.6 where an Owner takes title to a Parcel with a Claim of Lien of record. 11.12. Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 11.13. Entire Agreement. This Declaration and the Exhibits contain the entire agreement with respect to the subject matter hereof. 11.14. Construction Liens. In the event any construction lien is filed against the Parcel of any Owner as a result of any work by or for the benefit of any other Owner, the Owner responsible for such lien will promptly take such action as may be required to have the lien discharged from such Parcel. Upon request of the other Owner, the Owner responsible for such lien agrees to furnish such security or indemnity as may be required, to and for the benefit of such other Owner, to permit a title insurance company to insure the affected Parcel free of such construction lien. • • 11.15. Sub-Declarations. The Declarant may elect to impose or define additional covenants, conditions, restrictions or easements against any Parcel pursuant to a separate declaration (a "Sub-Declaration"). All Sub-Declaration shall be subordinate and subject to this Declaration Any Sub-Declaration shall set forth maintenance obligations with respect to improvements, facilities or other appurtenances which serve only the subject Parcel(s). A Sub- Declaration shall set forth assessments for the maintenance of the subject Parcel. In the event the Declarant elects to develop a portion of the Property under condominium ownership, such condominium shall constitute a Parcel and the Owners of any condominium units therein shall be subject to the terms and conditions of this Declaration as well as the applicable declaration of condominium. A Sub-Declaration may provide for a separate association to administer the rights and obligations provided in a Sub-Declaration and the maintenance of common improvements, facilities and appurtenances which serve the subject Parcel(s). 11.16. Future Plat of Property. Declarant shall have the right and option to plat the Property at any time. In the event Declarant determines to plat the Property, each Owner covenants and agrees to cooperate and join into a plat of the Property, or any part thereof, provided however, in no event shall any plat of the Property materially modify or diminish any Owner's rights under this Declaration. 11.17. Exhibits. The following Exhibits are attached to this Declaration. Exhibit "A" - Property Exhibit "B" - Site Plan Exhibit "C" - Parcels A and B legals and sketch [signature pages follow] IN WITNESS WHEREOF, Declarant has executed and caused the recordation of this Declaration. WITNESSES: P B P of Clearwater, LLC a Florida limited liability company By: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PINELLAS Abdi Boozar Jomehri, its Manager The foregoing instrument was acknowledged before me this day of , 2007, by Abdi Boozar Jomehri, as Manager of P B P of Clearwater, LLC, a Florida limited liability company. He is [ ] personally known to me [ ] or has produced a Florida driver's license as identification. Printed Name: (Notarial Seal) NOTARY PUBLIC Commission No.: State of Florida at Large My Commission Expires: 0 10 MORTGAGEE CONSENT Whitney National Bank, successor by merger to Madison Bank, the owner and holder of that certain Mortgage recorded in Official Records Book 13688, Page 579, Assignment of Rents recorded in Official Records Book 13688, Page 588 and UCC-1 Financing Statement recorded in Official Records Book 13688, Page 594, all of the Public Records of Pinellas County, Florida hereby joins in the forgoing Declaration, agrees and consents to the forgoing and hereby subordinates its interest, mortgage, assignment and financing statement in the Property to the forgoing Declaration. In Witness Whereof the parties have set their hands this day of 2007. Witnesses: WHITNEY NATIONAL BANK, Print Name: Print Name: STATE OF _ COUNTY OF By: Its: I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, as of WHITNEY NATIONAL BANK, a Florida corporation, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Consent and he acknowledged then and there before me that he executed the same as such officer on behalf of said corporation for the purposes therein expressed; and that the said Consent is the act and deed of said corporation. WITNESS my hand and official seal this day of 52007. Name: Notary Public Commission No. My Commission expires: i The North 342.0 feet of Tract 1°A" , a Replat of Block "D" * of Suburb Beautiful, as recorded in Plat Book 19, Page 100, of the Public Records of Pinellas County, Florida. Less the North 150.0 feet of the West 150.0 feet thereof; and, also Less the South 60.0 feet of the West 282.12 feet thereof . r EXH1817. • EXHIBIT "B" Site Plan "AS SUBMITTED AND APPROVED BY DRC" EGP/mk G:/Epgrp/2ndofc/PBP/DeclRev3 5207 W.O. 3421.3. SECTION 14, TWP. 29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA SKETCH-OF-LEGAL E 0 00 0 N cli 0 O m c 1 r I 100' R/W GULF TO BAY BOULEVARD 77. L p NORTHWEST CORNER T :O F TRACT "A' , P 0. C. WEST(P) 432.12 (P) I. rd N -00'00 'E 281.98' N WESOT, N 90 z Z. I o FED 150.,P?O o a-c I N wo 1 w°p ;o ?p No w o z I o o o0 0? w I o O o 't ?? o mrn N ° re) a I -0 P.O.B. 150.14' 88.01 rn I r y y Z N 90-00'00" E 238.15' Q P? ??0? RGF' I C C I w W PARCEL A V? Q ?F' I O P o . n aW TRACT ".A" w°°o- z . N I'> x m - o !A D I? . 0 I f m ,N ? (A Z S.90-00'00" W 238.15 43.97'&P f?l D I N 90-00'00- E 282.12 c;(01 I Z C fSOU NERL Y BOUNDARY OF PARENT PARCEL p C M 1 WEST 282.12' _I fTl Z ----- --------- c,U) S 90-00'00" Wco P I o c 150.00 : "' , TRACT "A" ? NOT INCLUDED . I I - EAST(P) - - - 432.12'(P) _ CENTRAL, BOULEVARD 60 R/W DESCRIPTION ON SHEET 2 DRAWN BY.• J.S.B. SATE} January 11, 2007 GEODATA SERVICES INC. ; i CHECKED BY. 182 2. DREW ST. SUITE 8 JOB ND.: 342 CLEARWATER, FL 33765 A& A •j °' r PHONE: (727) .447-176.3 SHEET OF 2 LB 7466 NOTE THAT THIS DRAIMNG MAY HAVE BEEN ALTERED IN SIZE -BY REPRODUCTION. E:Xhibit ?.. Page I of `? W.O. 3421.3 SECTION 14, TWP. 29 S., RGE. 15 E.. PINELLAS. COUNTY, FLORIDA SKETCH-OF-LEGAL DESCRIPTION (PARCEL A): A portion of the following described parent parcel: The North 342.0 feet of TRACT "A", a REPLAT OF BLOCK "D". of SUBURB BEAUTIFUL, as recorded in Plat Book 19, page 100, of the Public Records of Pinellas County, Florida. LESS the North 150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the' South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A", thence along the westerly line of said. TRACT ."A", S 02'30'00" E, a distance of 150.14 feet to the POINT OF E BEGINNING; thence departing said westerly. line, N 90'00'00" E, a distance of 238.15 on the Southerly io feet; thence S 02'30'00" E, a distance of 132.13 feet to a point* Ni boundary of the above described parent parcel; thence along said Southerly boundary, co S 90'00'00" W, a distance of 238.15 feet to a point on the westerly boundary of the above described parent parcel, also being a point on the westerly line of said TRACT 00 "A"; thence along said westerly line, N 02'30'00" W, a distance of 132.13 feet, back N to the POINT OF BEGINNING. N . Containing 0.722 acres more or less. - c 4 SKETCH ON SHEET 1 o SURVEYOR'S CERTIFICATION= 0 1. DENNIS J. EYRE. THE SURVEYOR IN RESPONSIBLE CHARGE, HEREBY CERTIFY THAT o THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROUND SURVEY AND SKETCH 1 'ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF.:'! FURTHER CERTIFY ?y THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDAkQS IN SECTION 472.027, `i FLORIDA STATUTES- (OR RULE CHAPTER 61G17--6..., F.A:C.). SURVEY: NOT VALID UNLESS SEALED WITH AN EMBOSSED SEAL. 0 0 j NNtS J EYR L:S. FLA.' ` No. .2865 ' 7.' o DATE: Ja Liary 12' 200 N 1 01 DRAWN BY ,I.S.B. a DA 7F- January 11, 2007 GEODATA SERVICES INC41. , N CHECKED BY.:. 1822 DREW ST. SUITE 8 ?0B No.: 3 4 - CLEARWATER, FL 3,3765 PHONE: (727) 447-1763 , o SHEET 2 of 2 o LB 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Exhibit Page 2- of __W__? W.O. 3421.4 SECTION- 14, TWP. 29 . •S., RGE... 15 'E: PINELLAS .COUNTY, FLORIDA SKETCH- OF- LEGAL NORTHEAST CORNER 100' R /W of 7RACr "Am _ --L--GULF _TO 'B_AY BOULEVARD I NORTHWEST CORNER NOR THERL Y LINE OF TRACT dA °- Y d OF P 0 C. AWEST(P) 432.12'(P) I N 90'00 00 E 281.98 `? cn WEST z I o c w o 150.0' W ° ''-? ESTERLY BOUNDARY Z Cn 4 a c I N W o ?,"L ?0?? c;? o OF PARENT PARCEL ? o I w ?c t o o ct 1. cno o? w I e o? q PARCEL B w c rn 150.14' 88.01' tv _ -p N 90'00'00" E P oe S 90'00'00" W ?- rn rri 11- 238.15 C P2 Z TRACT "A" I a a: I ° c)) a n? P G\, n? 43.97' O o C I c,a N ?? \\J pk, GE\1 N c,, S 90.00'00" W w z I C f) I O W L4° O W I D\ o z I S 90100'00" W 238.15' N 90'00 00 E 282.12' o ~ I o \ > I SOUTHERLY BOUNDARY OF PARENT PARCEL O Z a? IC SCI ?-r-I ---WEST 282.12' g cn ----- -------- s so•oo oo" . W 0 I 3 Z. ------ c 0o oc 150.00, o . N m o? TRACT "As' o ° NOT INCLUDED SOUTHERLY BOUNDARY. OF PARENT PARCEL i M I EAST(P) 432.12'(P) CENTRAL BOULEVARD 60, R/W 0 DESCRIPTION ON SHEET 2 N ' rn DRAWN BY. J.S.B. $ DATE. January 11, 2007 GEODATA SERVICES. INC. CHECKED BY N 1822 DREW ST. SUITE 8 ?OB NO.: 4 - CLEARWATER, FL- 33765 •11- PHONE: (727) 447-1763 , o SHEET OF 2 o LB 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Page r of W.O. 3421.4 SECTION 14, TWP..29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA SKETCH-OF-LEGAL DESCRIPTION (PARCEL B): A portion of the following described parent parcel: The Northi.342.0 feet of TRACT "A", a REPLAT OF BLOCK "D" of SUBURB BEAUTIFUL, as recorded in Plat Book 19, page 100, of the Public Records of Pinellas County, Florida. LESS the North.150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A", thence along the westerly line of said. TRACT "A", S 02'30'00" E, a distance of 150.14 feet; thence departing said westerly line, N 90'00'00" E, a distance of 150.14 feet to the POINT OF BEGINNING; thence along the westerly boundary of the above described parent parcel, N 02'30'00" W. a distance of E 150.14 feet. to. a point on the northerly line of said TRACT "A"; thence along said northerly N line, N 90'00'00" E, for a distance of 281.98 feet to the Northeast corner of said TRACT "A";. thence along the easterly line of said TRACT "A", S 02'30'00" E, a distance of 342.33 feet to a "point on the southerly boundary of the above described parent parcel; thence o along said southerly boundary the following three (3) courses; (1). S 90'00'00" W, 150.00 feet; (2) N 02'30'00" W, 60.06 feet: (3) S 90'00'00" W, 43.97 feet; thence departing said N N southerly boundary, N 02'30'00" W, a distance of 132.13 feet; thence 'S 90'00'00" W, a distance of 88.01 feet back to the POINT OF BEGINNING. c Containing 1.765 acres more or less. SKETCH ON SHEET 1 3 ri 0 N 0 N ?r N It M O O 0 O 0 / N 01 Y- 0 DRAWN B Y J SURVEYOR'S CERTIFICATION: I, DENNIS J. EYRE. THE SURVEYOR IN RESPONSIBLE CHARGE; HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVEGROUND SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. • I .FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS W SECTION 472.027, FLORIDA STATUTES (OR RULE CHAPTER 61G17--6..., F.A.C." SURVEY NOT -VALID UNLESS SEALED WITH AN EMBOSSED SEAL. Ik NNIS J. EYRE,_ FL•A, EG: No. 2865 DATE: Jan><f5r 12,.2007 Y J. S. B. $ DATE: January 11, 2007 CHECKED .BY.- N .. , ,JOB NO.: 3 0 3 SHEET 2 of 2 0 GEODATA SERVICES INC. 1822 pREW ST. SUITE 8 CLEARWATER, FL 33765 PHONE: (727) 447-7763 LB 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Exhibit Paged Of .... - a.•--• 1? fts I I N 89'56'12" E(M) 281.74'(M) Li " ' ' ' 00 N 90 00 E(D) 281.98 (D) © S 02'30'00" E(M) 342.33'(M) ' " ' ' i 30 00 S 02 E(D) 342.33 (D) © N 89'58'50" E(M) 149.95' M) " ' 00 E(D) 149.73' D) N 90'00 ® N 02'15'47" W(M) 60.09'(M) N 02'30'00" W(D) 60.06'(D) ® S 89'55'33" E(M) 282.17'(M) " ' 00 N 90'00 E(D) 282.39'(D) ' ' ' ¢¢¢[ EM) 131.76 ( S 0235 28 " ( ' ' ; ® r 00 E D) 13213 S 02'30 (D © N 89'57'09" W(M) 150.19'(M) N 90'00'00' E(D) 150.14'(D) ® N 02'25.56" W(M) 149.95'(M) " ' ' ' 00 30 W(D) 150.14 N 02 (D) - I FA a111XI O7N ADYIm 19' Wrr'?"IXII II'I7• ?r`?,10• i 6 • -9 i sa r 1 Mmin ruxa[ IrN.I ? Wsrxc OXm I ' Irc•.1 I ' I I I A J _ (11 = ?I I calm IIaT ? ? . 1 m-T-- CIVIL ENGINEESUNG •-?.e-'?'^•- ,-T^?+^.".? , , .. ... LANDSCAPE AECEIITECTURI ^7 ro ? 7777773 77F KEITH ZAYAC & x; .mmol ° \ ASSOCIATES, l INC. 1 P IT ) IRN7 LNP7 ,? I (727) 793.9888 ? b (y I? lY T 701 ENTERPRISE ROAD E NEE 804 _ T T , I Q _ ? ? 1 PHIL ALE GRAPHIC . SAFETY HARBOR, FL 34695 { I WWW.NEITHZAYAC.CDY ' 133.5 ( (m MI 0.• N, IW•N 6 I t I 1 II 18' IW osml I I f0. 9017 .ssurc FWq¢9 ON.7 J9 II' b !I `47"! X 1 1-_ I I I 1 : ° - 12? i _ - - - - - ' #1721 l STORY m I i) wPRW Pln1(A7 wu c 1n9rf ? w/L pren EeRW nm l? ol IF E 41?3 P °l 79 .o MASONRY v 12 I 1 mrn4a :aopprm Qd,'LL (TO fh. "'Y??? ?DOPPPr. ) I I w COMMERCIAL I +} y mA '; o - LOG. / '.% 4 I l ------ ••-?-°• -- -- --- i:n ` I ? ? LFE=68.45 1 I I sAa a snW4c A wN a lm • EA xc r/ :. I' n ? 1 aNg1IXI ? ,. ZP-209 8J. In• I? ! O ? ? r art s>AOl i ?. I I ? I I ? _ 7nn• O rt ms7x4 NRa AI4 r 17ja a3 I I I I I . I ? I ? ? I I? 1 I TYP TYPICAL M/C HANDCAR R RADIUS R/W RIGHT-OP-WAY HANDICAP PAWNG - - - - 'LANDSCAPE BUFFER LINE SITE BOUNDARY PROPOSED CONCRETE PAVEMENT D NEW PAVEMENT SECTION D EXISTING PAVEMENT EXISTING BELONG --- LANGSCAPE EXISTING TREE TO RE.- loco s? a a a rn ?' mm °m m m EM Oaf LQ ?Q U mo 0 w Fw a: pW N Q E _ r u* MaSONR z UQ Ir ?- 0..g j 0 ???°,?,','pBm•,Q \`? ----Y N.id7la.Etonc MlL?s14. D°p` I I..? B v. COMMERC Q QnE.T.lI 9LD ' eo 8.. MArolo, u _ ,' x 110MA19 wa ?- I ; ; 60" 17. C U 7v - ------- ---- -- ------ _ =' LEI ; ' I. - -TDs.-- 1 I - D n ------T----- --- - --'? ----- --- --- - _, - .. MAUI 85? Rarevkl'9 ? ? GEC FOw Pm ,J , / ,r j I Q :e. MATIWA101i?+o"? s v Ir 5444. i? N? - ? I ? j I - 'ms* 8 i I 70• EPFmTIRn1 OR Book 4324. Peg* 1780 4n YOR I I .H fAw fill iiii 4 d I oi7o I ???- I TURN TEMPLATE FOR TRUCK a 6•?7 ro l0 72 a o Ir 'AOI• r ]o p• 11 (LOADING RAMP) ,".. 4 fCW>-m-OZm GENERAL NOTES: 6. SETBACKS: 15' RRONT T28 TO EXISTING PAVEMENT (NORTH) 8 ALL DISTURBED GRASS WITHIN RIGHT-C7-WAY SHALL BE SODDED 12 9E OATk yy 81.01• TO EGsTNG BIDG. (NORTH) 9. ALL UNUSED DRIVEWAYS MUST BE REMOVED AND REPLACED MTN CURB ENS?8C REQUIRED: i 1. ENONEERAANDSCAPE ARCHITECT: Nom ZAYAC & ASSOCIATES. INC. 10.54' TO EXISTING PAVEMENT (EAST) SDEWAM AND LANDSCAPING TO MATCH FASTING CO D17MS A. TOTAL SITE AREA (0832023 SP (249 AC) 19852826 Y (269 AC) 10.000 S.F. . ?? 70. ENTERPRISE ROAD EAST, SUITE 401 22.95 TO EXISTING SLOG. (EAST) R. TOTAL OPEN SPACE 23931.53 SF (855 AC) 21404.21 SP (0.53 AC) 5416,0 SF. (085A TIN) SAFE FY "2,) HARBOR, R )1695 553• TO PAVEMENT (WEST) C. FLOOD ..ZONE: 1727) ]93-9888 Bus 78.75' TO BLDG (WEST) THIS STRUCTURE APPEARS TO BE IN ROOD ZONE 'X. C. BULDNO FOOTPRINT 22.2(B Sr (0.550 AC) 28541.22 SF (063 AC) (727) 793-9855 res ACCORONG TO THE ROOD INSURANCE RATE MAR COMMUNITY 2. SITE ADDRESS 81'. 1721 GULF TO BAY BLVD. 10' SIDE 6.48• TO PAVEMENT (NOT'.; D 9DEWMR/DEOI/PAVED AREA 62179.75 SP (1.12 AC) 58371.85 SP (1.29 AC) - O PANEL NUMBER 121030009 H MAP REVISED DATE MAY I), 2005, (1-PARWAFCA• R 33 _5 77.15' TO BUDG (NORTH) PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. E. 7014 IMPERVIOUS WEAL 54,76873 ¢ (DNB iR 70Q 84.91&07 $ (0,76 IyT, 7685 1029",26 4 (00.5 9 MAX) 29.99' TO EXISTING BLDG(sDUTH) F. PARMG SPACES 132 SPACES 154 SPACES IN SPACES PARCEL ID: 14/29/15/85968/000/0010 7.20' TO EXISTING PAVEMENT (SOJTH) 1:. PARXING REQUIRED: S IG' TO PROPOSED BLDG (9GtITH) G. VEHICULAR AREA 59.0]572 4 54,79862 S 6j . ZONING: C. 20' REAR 4.77* TO EXISTNG PAVEM7N7 (WEST) 1 PRESENT USE RETAIL 7. ALLOWABLE MAX HOCHT 25- 50' MAX ` ... _ _ _ PROPOSED BLDG M004T (ONCE) 5G'-0' F• TO RCOP DEC 4. DEVELOPED USE -- - - =pFFTCE h EXSnNG RUAl EXISTING BLOC HEIGHT (RETAIL) 22'-8' - -- L 5 TOTAL SITE AREA 108320.28 SF (219 SAC) InlWa wn°w'E IoA M 0 ? way 0. IW W Imo ImIF1u 1u IW IIA•IU -4AIL.llW W •IY IM IN lmw NM H. mIM ?.:w_w-w .AE.me w w w.n IIr , 0 u ,o• u mM u9.,ms u Y L•i: F:iR,AL f.d 504 N NTEALW LANDSCAPE AREA 523227 S.F.(11.18%) 4,619.68 SF (ICE) L FLOOR AREA 22209.00 SP (021 FAR) 42259.00 S.F. (0.39) 59,576.15 S.F. (Q35 :A9) 13. ALL EXISTING 51ONAGE OLLSE BROUGHT INTO COMPLIANCE NTH CURRENT CODE THERE IS NO ADOITIOIAL 9GNAGE PROPOSED NTH MS. PRgECT. P"m'R mWE 541 u. ALL ON-sTE unun[s wst BE uNxaGBwRD. AND EXISTING _- ____ . _. • ABOVE GROUND UTILITIES ON-SITE MUST BE BURIED. ISSUED FOR--PERMtITINGomB ' 4 OF 8 ISSUE OATS- 07.2888 3 FPM"( W W • 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, May 04, 2007 5:34 PM To: Delk, Michael; Dougall-Sides, Leslie Subject: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. Michael/Leslie - Abdi Boozar-Jomehri submitted to me this afternoon revised copies of the Declaration of Covenants, Restrictions and Easements (hard copy only) for the property at 1721 Gulf to Bay Blvd. He hopes this revised document addresses our comments emailed to Emil Pratesi on April 20, 2007, and modified by email on April 26, 2007. 1 will send the revised document to Leslie through interoffice mail. Please review the resubmission. Wayne i ? Wells, Wayne From: Wells, Wayne Sent: Thursday, April 26, 2007 3:53 PM To: 'epratesi@richardsgilkey.com' Cc: 'pcti@pilotconstruction.com'; Delk, Michael; Dougall-Sides, Leslie Subject: Declaration of Covenants, Restrictions and Easements, 1721 Gulf to Bay Blvd. Emil - On April 20, 2007, 1 sent you an email providing review comments on the Draft Declaration of Covenants, Restrictions and Easements (DCRE) for the property presently known as 1721 Gulf to Bay Blvd. After further review with Mr. Delk, Planning Comments #1, #2 and #8 will be revised as following: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The Flexible Development application approved by the Community Development Board did not anticipate or propose any subdivision of the parcel into two lots. No subdivision plat will be required; however, in accordance with Section 4-701.C of the Code, application for an administrative (Staff only) review and approval of a Division of a Previously Platted Property (Division) will be required. In accordance with the Community Development Code, the DCRE is not the appropriate mechanism to accomplish the Division of this overall lot into two lots. The application for a Division will require the following: a. A letter of request to divide the parcel into two lots, including the address of whom documents that will be prepared by the City will be sent to; b. A copy of the deed for the property indicating the owner's name (for tracking purposes through the public records); c. An application fee of $150 (check may be made out to City of Clearwater); and d. Three signed and sealed surveys, either showing both Parcels A and B on the same survey, or three separate surveys for both Parcel A and Parcel B. The surveys cannot exceed 8.5" x 14" in size for recording purposes. Once submitted, the Planning Department will prepare a Development Order for the Division and an Affidavit, which will include as an attachment(s) the survey(s) of Parcels A and B. The Development Order will contain a condition requiring the recording of the DCRE prior to the issuance of any permit. The Affidavit will be required to be recorded by you in the public records. The City will also require the recording of a deed or other instrument to induce the Pinellas County Property Appraiser to indicate such Division in their records and assign a parcel number. Once these documents have been recorded with the Clerk of the Circuit Court, please submit one copy of the recorded documents to the Planning Department for our records. 2. The easements necessary for both Parcels A and B may remain in the DCRE. 8. With the submission and approval of a Division by the City, any future further division of the property will require the submission and approval of a Preliminary and Final Plat by the City. Should you have any questions, feel free to email or call me (562-4504). Wayne Wells, Wayne From: Delk, Michael Sent: Monday, March 26, 2007 10:09 AM To: Dougall-Sides, Leslie Cc: Wells, Wayne Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Wayne - We can advise them of the need to replat. michael -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, March 22, 2007 4:04 PM To: Delk, Michael Cc: Wells, Wayne Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Importance: High I tend to think that the Preliminary Plat mentioned by Wayne would be necessary. I agree with Wayne's previous comments. Other comments: 1. Condition 3 of the Development Order contemplated an agreement between the City and the applicant. The Declaration submitted is solely by the applicant. Since it is not an agreement with the City, it does not have enforcement mechanisms for the City to invoke, as Wayne points out in his comment # 6. Thus our enforcement mechanism becomes citation for failure to abide by the D.O. However, if we are going to make them enter into a Development Agreement that has more formalities associated with approval and must contain additional information. It also would not look like this document in many respects. 2. The Declaration contains provisions [Article X] subjecting it to arbitration which we would not want to be a signatory to. 3. Likewise Paragraph 11.3 is problematic if the City were a party. I would be glad to discuss it further. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Delk, Michael Sent: Monday, March 12, 2007 3:05 PM To: Wells, Wayne; Dougall-Sides, Leslie Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF 1 CLEARWATER LLC • I've looked this over and it appears that the draft DCRE attempts to cover cross access, parking, and other pertinent easements which would be critical to a separate ownership. It is not unusual for substantive project such as this to have separate financing and subsequently establishment of some "tracts" for delineating those may be necessary. Two lots are not considered a subdivision under state statute. However, if we need to process a plat on it we can do so prior to a CO.possibly. Leslie, I'll await your assessment before we decide which way to go. michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Thursday, March 08, 2007 9:52 AM To: Delk, Michael; Dougall-Sides, Leslie Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Michael and Leslie - On November 21, 2006, the CDB approved Case No. FLD2006-07044 at 1721 Gulf to Bay Boulevard for the construction of an office building on the site of West Marine (see attached Development Order). Condition #2 required the recording of a Development Agreement or similar agreement between the applicant and the City restricting the future use of the West Marine building due to a reduced parking requirement. Emil Pratesi has drafted a Declaration of Covenants, Restrictions and Easements (DCRE) for the owner in response to this condition of approval (see attached). I am forwarding this Draft DCRE for your review and comment. I have reviewed the DCRE and my comments follow: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The application approved did not anticipate or propose any subdivision of the parcel into two lots. Such will require the filing of a Preliminary Plat to be reviewed and approved by the CDB. Discussions with the Declarant prior to the CDB approval indicated retaining and controlling the entire property by the Declarant (no subdivision). 2. The DCRE sets out certain easements on the property, which would need to be shown on the Preliminary and Final Plats. The plat could refer to this DCRE for the details of the easements. 3. Section 3.3 - There exists an existing Comprehensive Sign Program for the property. Condition #4 requires the filing of a new Comprehensive Sign Program. 4. Section 4.1(a) - Any alteration of the Ingress, Egress and Access Easement should also require approval from the City. 5. Section 6.1 - Condition #3 requires the limiting of future use of the West Marine building due to reduced parking. They need to propose use restricting language. I would refer Mr. Pratesi to the Staff Report, Development Order and the Parking Demand Study for the basis for Condition #3. 6. Article 9 - The provisions of Article 9 refer to breaches of the DCRE, but does not mention any violation of City Codes and remedies under the law by the City. Don't know if this is important to have in the DCRE or not. 7. Section 11.7 - Modification of any part of the DCRE should include the City. 8. Section 11.16 - See comment #1 above. I will let Mr. Pratesi know that I have forwarded this document on to you for review and comment. If you could respond back to me with any additional comments, I will compile all the comments into one response back to Mr. Pratesi once you have reviewed and commented. 2 Thanks. Wayne • -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City needs to review this agreement and what additional provisions &/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 3 Wells, Wayne From: - Dougall-Sides, Leslie Sent: Thursday, March 22, 2007 4:04 PM To: Delk, Michael Cc: Wells, Wayne Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Importance: High I tend to think that the Preliminary Plat mentioned by Wayne would be necessary. I agree with Wayne's previous comments. Other comments: 1. Condition 3 of the Development Order contemplated an agreement between the City and the applicant. The Declaration submitted is solely by,the applicant. Since it is not an agreement with the City, it does not have enforcement mechanisms for the City to invoke, as Wayne points out in his comment # 6. Thus our enforcement mechanism becomes citation for failure to abide by the D.O. However, if we are going to make them enter into a Development Agreement that has more formalities associated with approval and must contain additional information. It also would not look like this document in many respects. 2. The Declaration contains provisions [Article X] subjecting it to arbitration which we would not want to be a signatory to. 3. Likewise Paragraph 11.3 is problematic if the City were a party. I would be glad to discuss it further. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Delk, Michael Sent: Monday, March 12, 2007 3:05 PM To: Wells, Wayne; Dougall-Sides, Leslie Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC I've looked this over and it appears that the draft DCRE attempts to cover cross access, parking, and other pertinent easements which would be critical to a separate ownership. It is not unusual for substantive project such as this to have separate financing and subsequently establishment of some "tracts" for delineating those may be necessary. Two lots are not considered a subdivision under state statute. However, if we need to process a plat on it we can do so prior to a CO possibly. Leslie, I'll await your assessment before we decide which way to go. michael 1 • Michael Delk, AICP • Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Thursday, March 08, 2007 9:52 AM To: Delk, Michael; Dougall-Sides, Leslie Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Michael and Leslie - On November 21, 2006, the CDB approved Case No. FLD2006-07044 at 1721 Gulf to Bay Boulevard for the construction of an office building on the site of West Marine (see attached Development Order). Condition #2 required the recording of a Development Agreement or similar agreement between the applicant and the City restricting the future use of the West Marine building due to a reduced parking requirement. Emil Pratesi has drafted a Declaration of Covenants, Restrictions and Easements (DCRE) for the owner in response to this condition of approval (see attached). I am forwarding this Draft DCRE for your review and comment. I have reviewed the DCRE and my comments follow: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The application approved did not anticipate or propose any subdivision of the parcel into two lots. Such will require the filing of a Preliminary Plat to be reviewed and approved by the CDB. Discussions with the Declarant prior to the CDB approval indicated retaining and controlling the entire property by the Declarant (no subdivision). 2. The DCRE sets out certain easements on the property, which would need to be shown on the Preliminary and Final Plats. The plat could refer to this DCRE for the details of the easements. 3. Section 3.3 - There exists an existing Comprehensive Sign Program for the property. Condition #4 requires the filing of a new Comprehensive Sign Program. 4. Section 4.1(a) - Any alteration of the Ingress, Egress and Access Easement should also require approval from the City. 5. Section 6.1 - Condition #3 requires the limiting of future use of the West Marine building due to reduced parking. They need to propose use restricting language. I would refer Mr. Pratesi to the Staff Report, Development Order and the Parking Demand Study for the basis for Condition #3. 6. Article 9 - The provisions of Article 9 refer to breaches of the DCRE, but does not mention any violation of City Codes and remedies under the law by the City. Don't know if this is important to have in the DCRE or not. 7. Section 11.7 - Modification of any part of the DCRE should include the City. 8. Section 11.16 - See comment #1 above. I will let Mr. Pratesi know that I have forwarded this document on to you for review and comment. If you could respond back to me with any additional comments, I will compile all the comments into one response back to Mr. Pratesi once you have reviewed and commented. Thanks. Wayne -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development 2 Agreement and Cross Easement reement. I need to know who whin the City needs to review this agreement and what additional provisions &/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 3 a 0 0 Wells, Wayne From: Delk, Michael Sent: Monday, March 12, 2007 3:05 PM To: Wells, Wayne; Dougall-Sides, Leslie Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC I've looked this over and it appears that the draft DCRE attempts to cover cross access, parking, and other pertinent easements which would be critical to a separate ownership. It is not unusual for substantive project such as this to have separate financing and subsequently establishment of some "tracts" for delineating those may be necessary. Two lots are not considered a subdivision under state statute. However, if we need to process a plat on it we can do so prior to a CO possibly. Leslie, I'll await your assessment before we decide which way to go. michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Thursday, March 08, 2007 9:52 AM To: Delk, Michael; Dougall-Sides, Leslie Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PEP OF CLEARWATER LLC Michael and Leslie - On November 21, 2006, the CDB approved Case No. FLD2006-07044 at 1721 Gulf to Bay Boulevard for the construction of an office building on the site of West Marine (see attached Development Order). Condition #2 required the recording of a Development Agreement or similar agreement between the applicant and the City restricting the future use of the West Marine building due to a reduced parking requirement. Emil Pratesi has drafted a Declaration of Covenants, Restrictions and Easements (DCRE) for the owner in response to this condition of approval (see attached). I am forwarding this Draft DCRE for your review and comment. I have reviewed the DCRE and my comments follow: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The application approved did not anticipate or propose any subdivision of the parcel into two lots. Such will require the filing of a Preliminary Plat to be reviewed and approved by the CDB. Discussions with the Declarant prior to the CDB approval indicated retaining and controlling the entire property by the Declarant (no subdivision). 2. The DCRE sets out certain easements on the property, which would need to be shown on the Preliminary and Final Plats. The plat could refer to this DCRE for the details of the easements. 3. Section 3.3 - There exists an existing Comprehensive Sign Program for the property. Condition #4 requires the filing of a new Comprehensive Sign Program. 4. Section 4.1(a) - Any alteration of the Ingress, Egress and Access Easement should also require approval from the City. 5. Section 6.1 - Condition #3 requires the limiting of future use of the West Marine building due to reduced parking. They need to propose use restricting language. I would refer Mr. Pratesi to the Staff Report, Development Order and the Parking Demand Study for the basis for Condition #3. 6. Article 9 - The provisions of Article 9 refer to breaches of the DCRE, but does not mention any violation of City Codes and remedies under the law by the City. Don't know if 1 i this . is important to have in the DCRE or not. • 7. Section 11.7 - Modification of any part of the DCRE should include the City. 8. Section 11.16 - See comment #1 above. I will let Mr. Pratesi know that I have forwarded this document on to you for review and comment. If you could respond back to me with any additional comments, I will compile all the comments into one response back to Mr. Pratesi once you have reviewed and commented. Thanks. Wayne -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City needs to review this agreement and what additional provisions &/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 2 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 08, 2007 9:52 AM To: Delk, Michael; Dougall-Sides, Leslie Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Wt T?-- MR, SCAN-DN2405_000 Gulf to Bay 1721 .pdf Development 0... Michael and Leslie - On November 21, 2006, the CDB approved Case No. FLD2006-07044 at 1721 Gulf to Bay Boulevard for the construction of an office building on the site of West Marine (see attached Development Order). Condition #2 required the recording of a Development Agreement or similar agreement between the applicant and the City restricting the future use of the West Marine building due to a reduced parking requirement. Emil Pratesi has drafted a Declaration of Covenants, Restrictions and Easements (DCRE) for the owner in response to this condition of approval (see attached). I am forwarding this Draft DCRE for your review and comment. I have reviewed the DCRE and my comments follow: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The application approved did not anticipate or propose any subdivision of the parcel into two lots. Such will require the filing of a Preliminary Plat to be reviewed and approved by the CDB. Discussions with the Declarant prior to the CDB approval indicated retaining and controlling the entire property by the Declarant (no subdivision). 2. The DCRE sets out certain easements on the property, which would need to be shown on the Preliminary and Final Plats. The plat could refer to this DCRE for the details of the easements. 3. Section 3.3 - There exists an existing Comprehensive Sign Program for the property. Condition #4 requires the filing of a new Comprehensive Sign Program. 4. Section 4.1(a) - Any alteration of the Ingress, Egress and Access Easement should also require approval from the City. 5. Section 6.1 - Condition #3 requires the limiting of future use of the West Marine building due to reduced parking. They need to propose use restricting language. I would refer Mr. Pratesi to the Staff Report, Development Order and the Parking Demand Study for the basis for Condition #3. 6. Article 9 - The provisions of Article 9 refer to breaches of the DCRE, but does not mention any violation of City Codes and remedies under the law by the City. Don't know if this is important to have in the DCRE or not. 7. Section 11.7 - Modification of any part of the DCRE should include the City. 8. Section 11.16 - See comment #1 above. I will let Mr. Pratesi know that I have forwarded this document on to you for review and comment. If you could respond back to me with any additional comments, I will compile all the comments into one response back to Mr. Pratesi once you have reviewed and commented. Thanks. Wayne -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City 1 needs to review this agreement and what additional provisions'&/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 2 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 08, 2007 9:57 AM To: 'Emil Pratesi' Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Emil - I have reviewed the attached document and have forwarded the document to Michael Delk, Planning Director, and Leslie Dougall-Sides, Assistant City Attorney, for their review and comment. Once they review the attached Declaration, I will compile all comments in a response back to you for any changes to the Declaration. Wayne -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City needs to review this agreement and what additional provisions &/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, March 08, 2007 9:52 AM To: Delk, Michael; Dougall-Sides, Leslie Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC EEGM? SCAN-DN2405_000 Gulf to Bay 1721 .pdf Development 0... Michael and Leslie - On November 21, 2006, the CDB approved Case No. FLD2006-07044 at 1721 Gulf to Bay Boulevard for the construction of an office building on the site of West Marine (see attached Development Order). Condition #2 required the recording of a Development Agreement or similar agreement between the applicant and the City restricting the future use of the West Marine building due to a reduced parking requirement. Emil Pratesi has drafted a Declaration of Covenants, Restrictions and Easements (DCRE) for the owner in response to this condition of approval (see attached). I am forwarding this Draft DCRE for your review and comment. I have reviewed the DCRE and my comments follow: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The application approved did not anticipate or propose any subdivision of the parcel into two lots. Such will require the filing of a Preliminary Plat to be reviewed and approved by the CDB. Discussions with the Declarant prior to the CDB approval indicated retaining and controlling the entire property by the Declarant (no subdivision). 2. The DCRE sets out certain easements on the property, which would need to be shown on the Preliminary and Final Plats. The plat could refer to this DCRE for the details of the easements. 3. Section 3.3 - There exists an existing Comprehensive Sign Program for the property. Condition #4 requires the filing of a new Comprehensive Sign Program. 4. Section 4.1(a) - Any alteration of the Ingress, Egress and Access Easement should also require approval from the City. 5. Section 6.1 - Condition #3 requires the limiting of future use of the West Marine building due to reduced parking. They need to propose use restricting language. I would refer Mr. Pratesi to the Staff Report, Development Order and the Parking Demand Study for the basis for Condition #3. 6. Article 9 - The provisions of Article 9 refer to breaches of the DCRE, but does not mention any violation of City Codes and remedies under the law by the City. Don't know if this is important to have in the DCRE or not. 7. Section 11.7 - Modification of any part of the DCRE should include the City. 8. Section 11.16 - See comment #1 above. I will let Mr. Pratesi know that I have forwarded this document on to you for review and comment. If you could respond back to me with any additional comments, I will compile all the comments into one response back to Mr. Pratesi once you have reviewed and commented. Thanks. Wayne -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City. 1 - 'N 0 1 needs to review this agreement and what additional provisions /or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 2 0 0 Wells, Wayne From: Emil Pratesi [epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC SCAN-DN2405_000 .pdf Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City needs to review this agreement and what additional provisions &/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 1 • Wells, Wayne From: Wells, Wayne Sent: Friday, April 20, 2007 8:27 AM To: 'Emil Pratesi' Cc: 'pcti@pilotconstruction.com'; Delk, Michael; Dougall-Sides, Leslie Subject: RE: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Emil - On November 21, 2006, the CDB approved Case No. FLD2006-07044 at 1721 Gulf to Bay Boulevard for the construction of an office building on the site of West Marine (see attached Development Order). Condition #2 required the recording of a Development Agreement or similar agreement between the applicant and the City restricting the future use of the West Marine building due to a reduced parking requirement. You have drafted a Declaration of Covenants, Restrictions and Easements (DCRE) for the owner in response to this condition of approval. The Planning and Legal Departments have reviewed the draft DCRE and have the following comments: Planning: 1. The project approved was on a single parcel of land. The Draft DCRE refers to Parcels A and B. The application approved did not anticipate or propose any subdivision of the parcel into two lots. Such will require the filing of a Preliminary Plat to be reviewed and approved by the CDB. Discussions with the Declarant prior to the CDB approval indicated retaining and controlling the entire property by the Declarant (no subdivision). 2. The DCRE sets out certain easements on the property, which would need to be shown on the Preliminary and Final Plats. The plat could refer to this DCRE for the details of the easements. 3. Section 3.3 - There exists an existing Comprehensive Sign Program for the property. Condition #4 requires the filing of a new Comprehensive Sign Program. 4. Section 4.1(a) - Any alteration of the Ingress, Egress and Access Easement should also require approval from the City. 5. Section 6.1 - Condition #3 requires the limiting of future use of the West Marine building due to reduced parking. They need to propose use restricting language. I would refer Mr. Pratesi to the Staff Report, Development Order and the Parking Demand Study for the basis for Condition #3. 6. Article 9 - The provisions of Article 9 refer to breaches of the DCRE, but does not mention any violation of City Codes and remedies under the law by the City. Don't know if this is important to have in the DCRE or not. 7. Section 11.7 - Modification of any part of the DCRE should include the City. 8. Section 11.16 - See comment #1 above. Legal: I tend to think that the Preliminary Plat mentioned by Wayne would be necessary. I agree with Wayne's previous comments. 1. Condition 3 of the Development Order contemplated an agreement between the City and the applicant. The Declaration submitted is solely by the applicant. Since it is not an agreement with the City, it does not have enforcement mechanisms for the City to invoke, as Wayne points out in his comment # 6. Thus our enforcement mechanism becomes citation for failure to abide by the D.O. However, if we are going to make them enter into a Development Agreement that has more formalities associated with approval and must contain additional information. It also would not look like this document in many respects. 2. The Declaration contains provisions [Article X] subjecting it to arbitration which we would not want to be a signatory to. 3. Likewise Paragraph 11.3 is problematic if the City were a party. If you have any questions, feel free to email or call me or Leslie Dougall-Sides. Wayne • • -----Original Message----- From: Emil Pratesi [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 9:19 AM To: Wells, Wayne Subject: FW: Scanned Document CASE NUMBER FLD2006-07044 PBP OF CLEARWATER LLC Abdi Boozar requested I contact you relative the above matter. I have prepared the attached Declaration which was a requirement of a Development Agreement and Cross Easement agreement. I need to know who within the City needs to review this agreement and what additional provisions &/or changes need to be made Any assistance you can provide will be appreciated. -----Original Message----- From: epratesi@richardsgilkey.com [mailto:epratesi@richardsgilkey.com] Sent: Tuesday, March 06, 2007 4:37 AM To: epratesi@richardsgilkey.com Subject: Scanned Document open attached file to view scanned document. Emil Pratesi 2 0 0 This document prepared by and should be returned to: Emil G. Pratesi, ivSyiiire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward,P.A. THIS DOCUMENT SHOULD BE 1253 Park Street Clearwater, Florida 33756 f EVIEWED IMMEDIATELY AND THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS (this "Declaration") is made and entered into as of this day of , 20_, by P B P OF CLEARWATER, LLC, a Florida limited liability company (the "Declarant"). RECITALS: A. Declarant is the,owner of certain property located in Pinellas County, Florida, as more particularly described in Exhibit "A" attached hereto (the "Property"). B. Declarant intends that the Property be developed. (the "Project") C. The Project, as currently contemplated, is shown on the site plan attached to this Declaration as Exhibit "B" (defined in Section 1.1 below as the "Site Plan"). E. Declarant recognizes that for the most efficient development and operation of the Project it is necessary that the development and operation of the Property be integrated in certain respects. F. Declarant by the recordation of this Declaration establishes certain covenants, restrictions and easements with respect. to the Project for the benefit of the current and future owners of the Property. ARTICLE I. DEFINITIONS 1.1. Definitions. When used in this Declaration, the following words shall have the respectivq- meanings set out below. (a) "Assessment(s)" shall mean the Common Area Assessments and Special Assessments provided for in Article TX of this Declaration. (b) "Building(s)" shall mean the building(s) from time to time existing on each Parcel. 04Y CORRECTIONS COMMEtATS FORWARDED TO E. PRATE-51. 0 0 (c) "City" shall mean the City of Clearwater, Florida. (d) "Common Areas and Facilities" shall mean the portions of the Project intended for the nonexclusive common use by the Owners and, to the extent provided for herein, their Permittees. Common Areas and Facilities shall include, without limitation, the following as they may exist from time to time on the Parcels: the roadway and drive aisles as they may exist from time to time on Parcels "A" and "B" which are so designated on the Site Plan, and any other roadways and drive aisles which may from time to time be so designated by the Declarant or the Owners, any common stormwater collection and retention facilities, any common sewer facilities, landscaped areas at entryways, medians and buffers, conservation areas, lighting, common lighting facilities, and any common signs. (e) "Common Area Costs" shall be the reasonable direct costs actually incurred by the Managing Owner to fulfill its obligations under this Declaration relative to the operation and maintenance of the Common Areas and Facilities. All Common Area Costs that are considered capital costs or expenditures by generally accepted accounting principles shall be amortized and assessed over their useful lives. (f) "County" shall mean Pinellas County, Florida. (g) "Declarant" shall mean P B P of Clearwater, LLC, a Florida limited .liability company, or its successor who is expressly assigned the rights of Declarant under this Declaration by an assignment document executed by the then Declarant, referencing this Declaration and recorded in the Public Records of the County. (h) "Declaration" shall mean this Declaration of Covenants, Restrictions and :Easements, as it may from time to time be amended. (i) "Default Interest Rate" shall mean the lesser of (i) five percent (5%) per annum in excess of the "Prime Rate," and (ii) the highest lawful rate. The "Prime Rate" shall mean the "Prime Rate" as published in The Wall Street Journal in its Money Rates Table (or any successor format, whether in print or on-line). If there shall be no such published rate the Managing Owner shall select an alternative method of determining the then "Prime Rate" based upon an equivalent rate charged by one or more major U.S. banks. 0) "Managing Owner" shall mean the Owner of Parcel " ". [WHICH PARCEL WILL YOU KEEP TO CONTROL] (k) "Member" shall mean a person or entity meeting the criteria and qualifications necessary to be an Owner under this Declaration. (1) "Mortgagee" shall mean the holder of any first mortgage encumbering any Parcel. (m) "Owner" as it relates to any Parcel, shall mean the Person then holding fee simple title to the Parcel. If more than one Person holds fee simple title to the Parcel, all such Persons, collectively, jointly and severally, shall be the Owner of the Parcel. In the event a copy or memorandum of a lease is recorded which provides that the Person holding the leasehold estate as tenant thereunder shall be treated as the Owner under this Declaration, such Person shall be deemed the Owner of the Parcel for the purposes of this Declaration; provided that such designation will not release the Person who would otherwise be the Owner of the Parcel from its obligations under this Declaration in the event of a failure of such tenant to comply with the terms of this Declaration. (n) "Parcel(s)" shall mean, individually or collectively, Parcel "A" and Parcel "B" as more particularly described on Exhibit "C" attached. (o) "Parcel's Proportionate Share" shall mean, with respect to the following Parcels, as follows: Parcel "A" 50% Parcel "B" 50% 100% (p) "Permittees" shall mean the Owners, all Persons from time to time entitled to the use and occupancy of any Parcel under any lease, deed or other arrangement, and their respective officers, directors, employees, agents, contractors, customers, visitors, invitees, licensees, mortgagees in possession, tenants, sub-tenants and concessionaires. (q) "Person(s)" shall mean and include individuals, partnerships, firms, associations, joint ventures, corporations, limited liability companies, limited liability partnerships, and any other form of legal entity having legal capacity. (r) "Prior Restrictions" shall mean those certain restrictions recorded in Official Records Book 4193, Page 1238, of the Public Records of Pinellas County, Florida. (s) "Project" shall mean the project to be developed on the Property, currently contemplated to be developed substantially as shown on the Site Plan. (t) "Property" shall mean the real property described in Exhibit "A" to this Declaration. (u) "Site Plan" shall mean the Site Plan for the Property, a reduced copy of which is attached hereto as Exhibit "B", as it may be amended in accordance with Section 5. 1 of this Declaration. (v) "Exhibit(s)" shall mean the Exhibit(s) referenced in and attached to this Declaration, all of which are a part of this Declaration. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION The Property shall be held, used, transferred, mortgaged, sold, conveyed, and occupied subject to this Declaration. The covenants, restrictions and easements set out in this Declaration are to run with the land, regardless of whether or not they are specifically mentioned in any deeds or conveyances of Parcels or portions thereof subsequently executed. It is the intent of Declarant that this Declaration, which grants perpetual easements and provides for their use, maintenance and repair, be perpetual in nature, subject, however, to the terms, conditions and provisions of this Declaration. In the event applicable law prohibits a provision or provisions of this Declaration from being enforced in perpetuity, then such provision or provisions shall be enforced for the maximum time period permitted under applicable law and all other provisions of this Declaration, which under applicable law can be perpetual, shall be perpetual. The Property shall also be held, used, transferred, mortgaged, sold, conveyed and occupied subject to the Prior Restrictions. ARTICLE III. CONSTRUCTION OBLIGATIONS 3.1. Common Area Construction. Declarant shall construct, or cause to be constructed, the Common Areas and Facilities shown on the Site Plan. 3.2. General Construction Requirements. Each Owner agrees that any construction work to be undertaken on its Parcel shall be performed (a) so as not to unreasonably interfere with any construction work being performed on the remainder of the Property, and (b) so as not to unreasonably interfere with and minimize disruptions of the access to, use, occupancy and enjoyment of the remainder of the Project, including, without limitation, the Common Areas and Facilities. Any damage occurring to any portion of the Property as a result of such construction work shall be the responsibility of the Owner performing such construction work or causing such construction work to be performed and shall be promptly restored and repaired by such Owner, at such Owner's sole cost and expense, to the reasonable satisfaction of the Owner of the affected Parcel or, as to the Common Areas and Facilities. 3.3. Signs. Each Owner may place such sign or signs on its Building and its Parcel as shall be permitted by applicable governmental authorities. ARTICLE Iii. EASEMENTS 4.1. Easements. Declarant hereby establishes, grants and conveys to and for the benefit of all Owners and their respective Parcels, the following easements: (a) Ingress, Egress and Access Easement. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over and across all roadways and drive aisles as they may exist from time to time on the respective Parcels, for vehicular and pedestrian ingress and egress by the Owners and their respective Permittees. The vehicular drive aisles shall not be materially altered from that shown on the Site Plan so 0 0 as to obstruct or impair ingress and egress to the other respective Parcels, without the consent of the Owners of all Parcels. (b) Parking. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, over an across the parking spaces as they may exist from time to time, on the respective Parcels for the parking of vehicles by such Owner and its respective Permittees. (c) Encroachment. Each Parcel and Owner shall have a nonexclusive perpetual easement in, on, and under the non-Building areas of the other Parcels for minor encroachments for curbing, landscaping and underground irrigation and incidental utility lines, which are used and located in a manner so as not to interfere with the development or use of the affected Parcel; provided that if any such encroachment interferes, in any material respect, with the then existing or proposed future use of the affected Parcel, the Owner of the affected Parcel shall have the right, by sixty (60) days notice to the Owner of the Parcel from which the encroachment occurs, to require the relocation of the encroaching item (if a suitable alternative location exists on the affected Parcel) or (if no suitable alternative location exists on the affected Parcel) the removal of the encroaching item. (d) Sewer. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to and over the Common Areas and Facilities for sanitary sewer to tie into, connect with, use, maintain, repair, and replace, all only to the extent reasonably necessary, any underground sanitation or storm sewer facilities, now or hereafter installed thereon. (e) Utilities. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for utility purposes to tie into, connect with, use, maintain, repair and replace, all only to the extent reasonably necessary, any underground utilities, now or hereafter installed thereon. (f) Maintenance. Each Parcel and Owner shall have a nonexclusive perpetual easement in, to, and over the Common Areas and Facilities for the maintenance, repair and replacement of the Common Areas and Facilities, to the extent necessary to fulfill the obligations or to exercise the rights created by this Declaration. 4.2. Temporary Construction Easement. Declarant hereby reserves unto itself a nonexclusive temporary construction easement in, to and over the Property (except for Parcel "B") for the purpose of constructing the Common Areas and Facilities. Declarant agrees that it will carry out the construction of the Common Areas and Facilities in a manner so as not to unreasonably interfere with the construction work being performed on the remainder of the Property. The temporary construction easement created by this Section 4.2 shall be conclusively deemed to be terminated on the date which is three (3) years from the date of this Declaration, unless prior to such time, Declarant records in the Public Records of the County a notice that the construction contemplated by this Section has not been completed, which specifically references this Declaration and this Section and contains a substitute outside completion date, which shall 0 0 automatically replace the date contained in the previous sentence for purposes of this Declaration. 4.3. Additional Easements. Declarant reserves the right at any time and from time to time to (and upon reasonable request from any Owner shall) grant additional easements over the Property, without the consent or joinder of any other party, provided that (a) any such easement must (i) be to provide utilities (public or private) or other services to one or more of the Parcels, (ii) be granted by a document executed by Declarant and referencing that it is granted pursuant to the rights reserved in this Section, and (b) the grantee of such easement agrees in the granting document to repair and restore any damage to the improvements or landscaping within the easement area caused by the grantee's activities in or use of the easement area and that the grantee shall conduct its activities within the easement area in a manner, to the extent practical, to minimize any disruption to the businesses being conducted on the affected Parcel(s). 4.4. Unauthorized Use of Common Area. Each Owner as to its Parcel, has the right to eject or cause the ejection from the Common Areas and Facilities of any Person not authorized to use the Common Areas and Facilities pursuant to this Declaration. 4.5. Prohibition Against Granting Easements. No Owner shall have the right to grant or convey the right to use any easements created by this Declaration for the benefit of any property not within the Project, without the consent of all Owners. 4.6. Easements Limited. The easements created by this Declaration are appurtenant to the Parcels. Nothing in this Declaration is intended to be a dedication to the public or to create any rights in the general public to use any portion of the Common Areas and Facilities. ARTICLE V. PROJECT DEVELOPMENT RESTRICTIONS AND OPERATIONAL COVENANTS 5.1. Common Areas. No portion of the Common Areas and Facilities may be used for any purpose other than its intended purpose without the consent of all Owners. 5.2. Construction and Design of Improvements. Every building now or in the future constructed on any part of the property shall be constructed, operated and maintained so that the same is in compliance with all Laws, and shall be of first quality construction, in conformity with sound architectural and engineering standards. 5.3. Insurance. Throughout the term of this Declaration, each Owner shall procure and maintain comprehensive public liability and property damage insurance against claims for personal injury, death or property damage occurring upon such Owner's parcel, with single limit coverage of not less than an aggregate of One Million and 00/100ths Dollars ($1,000,000.00) including umbrella coverage, if any, or such greater amount as may from time to time be reasonable and prudent under the circumstances. This insurance is to insure against potential liability for losses or damages that might occur on or to the Property, including, without limitation, the easement areas thereof. Upon the request of any Owner, each of the other Owners shall provide such Owner with proper evidence of the existence of such liability insurance. 0 0 5.4. Dumpsters. All outdoor trash and garbage receptacles shall be screened with an opaque enclosure constructed from a material durable enough to withstand the abuse resulting from periodic servicing and architecturally detailed or finished consistent with or to complement the Buildings on the Parcel serviced by the receptacle and in conformance with City requirements. ARTICLE VI. USE RESTRICTIONS 6.1. Certain Specific Prohibited Uses. Upon the existing Tenant of Parcel B, West Marine, ceasing to operate on Parcel B, Parcel B's use shall be restricted as follows: [ABDI, WE NEED TO KNOW HOW CITY WANTS RESTRICTED] 6.2. ARE THESE OTHER RESTRICTIONS YOU WANT? ARTICLE VII. MAINTENANCE OF COMMON AREAS AND FACILITIES; LIGHTING 7.1. Maintenance of Property. Each Owner shall, at all times during the term of this Declaration, maintain its Parcel in good order, condition and repair, consistent with the class and character of the Project. 7.2. Maintenance of Common Area. Managing Owner shall, at all times during the term of this Declaration, operate and maintain (including necessary or desirable repairs and replacements) the Common Areas and Facilities in compliance with all applicable governmental laws, regulations, ordinances and directives (collectively, "Laws") and the provisions of this Declaration. The Managing Owner shall use commercially reasonable efforts to manage the costs and expenses associated with operating and maintaining the Common Areas and Facilities for the mutual benefit of the Members. 7.3. Failure to Maintain. In the event the responsible Owner fails to maintain any part of the Common Area and Facilities as provided herein, any other Owner shall have the right, upon no less than thirty (30) days prior notice to the responsible Owner, to perform delinquent maintenance required hereunder. The responsible Owner shall reimburse the Owner performing such maintenance of the costs thereof (less such Owner's Proportionate Share) within thirty (30) days of receipt of an invoice therefor, accompanied by appropriate supporting documentation. ARTICLE VIII. PAYMENT OF COMMON AREA COSTS 8.1. Right to Reimbursement. The Managing Owner shall be entitled to reimbursement for the Common Area Costs by all of the Owners of the Parcels pursuant to the terms of this Article. 8.2. Assessments Established. The Owners through its or their ownership of a Parcel, covenant to pay to the Managing Owner Common Area Assessments and Special 0 0 Assessments (as defined below), together with all excise or other taxes, if any, that from time to time may be imposed upon all or any portion of the Assessments established by this Article. 8.3. Common Area Assessment. The Managing Owner shall levy an annual assessment (the "Common Area Assessment") to be used exclusively to reimburse itself for Common Area Costs incurred pursuant to this Declaration. The amount of the annual Common Area Assessment shall be fixed by the Managing Owner and a proposed budget shall be sent to all Owners by the Managing Owner at least forty-five (45) days in advance of each calendar year; but any delay in delivering the notice shall not invalidate an otherwise valid Assessment. The Common Area Assessment shall be payable in quarterly installments, but may be prepaid in whole at any time or times during the applicable calendar year. Common Area Assessments for each Parcel shall commence with respect to the Parcel on the earlier of (i) the first day of the calendar month following the date the Parcel is first conveyed by Declarant (other than to a successor Declarant) and (ii) the first anniversary of the date the first Parcel is conveyed by Declarant (other than to a successor Declarant). 8.4. Special Assessments. In addition to the Common Area Assessment, the Managing Owner may levy a special assessment ("Special Assessment") for the purpose of defraying (i) Common Area Costs which exceeded the Common Area Assessments for any calendar year, or (ii) the cost of any repairs or replacements constituting Common Area Costs but not included in the Common Area Assessment for that calendar year. Special Assessments shall be due within thirty (30) days after written notice from the Managing Owner, to be accompanied by a reasonably detailed statement showing the basis for the Special Assessment. 8.5. Allocation of Common Area and Special Assessments. The Common Area Assessments and Special Assessment shall be allocated based upon each Parcel's Proportionate Share. 8.6. Year End Reconciliation. Within one hundred twenty (120) days after each calendar year ends, or as soon thereafter as is reasonably practical, the Managing Owner shall provide to each other Owner an itemized statement (the "Statement") showing in reasonable detail the actual Common Area Costs incurred for the calendar year just ended, broken down by component expenses. Any excess funds from the prior year's Common Areas Assessment shall be, at the option of the Managing Owner, (i) applied to the next year's budget, or (ii) refunded to the Owners concurrently with the delivery of the Statement. Assessments for the first year in which any Parcel is subject to Assessments hereunder shall be prorated (such proration to be included in the Statement) based upon the number of days including and after the date Assessments commence for the Parcel compared to the total number of days in the calendar year. 8.7. Audit Rights. The Managing Owner shall keep accurate and complete books and records relative to the Common Area Costs. Each Owner shall have six (6) months after receiving the Statement to request an audit of the Managing Owner's books and records concerning the Common Area Costs reflected on the Statement, at a mutually convenient time and at a location designated by the Managing Owner in the County. If any Owner disputes the accuracy of the Statement, the Owner shall still pay the amount shown owing, subject to its right to recover any overpayment revealed by an audit to be conducted by the contesting Owner at its cost, except as provided for below. If a request for an audit is not made within the six (6) month 0 0 period, any nonrequesting Owner shall have waived its right to an audit relative to that Statement, unless a subsequent Statement is discovered to be inaccurate as a result of a willful attempt by the Managing Owner to recover improper amounts from the other Owners. If any audit shows that a Statement reflects amounts being improperly charged to the Owners, the Managing Owner shall reimburse the Owners for the overcharge. In addition, if any audit shows that a Statement reflects amounts being improperly charged to the Owners in an amount equal to more than ten percent (10%) of the total Common Area Costs, the Managing Owner shall pay interest to all the Owners on the amounts improperly collected at the Default Rate and shall reimburse the auditing Owner for the cost of the audit. If the Managing Owner disputes the accuracy of any audit, the dispute shall be settled by arbitration pursuant to the terms of this Declaration. 8.8. Certificate. Within ten (10) days of a request, the Managing Owner will furnish to any interested person a certification setting forth whether the Common Area Assessments and any Special Assessments have been paid relative to any Parcel and, if not, the unpaid balance(s). The Managing Owner may charge a reasonable administrative fee for such certifications. ARTICLE IX. REMEDIES FOR VIOLATION 9.1. Remedies. If any Owner breaches any provision of this Declaration, then any other Owner may pursue any remedy provided by law. All remedies under this Declaration or at law are cumulative and not exclusive. The exercise of one remedy shall not be deemed to preclude the exercise of other remedies. Reference to remedies "at law" or "by law" shall also include any remedies available "in equity." 9.2. Iniunctive and Declaratory Relief. Without limiting any other remedies provided for in this Declaration or by law, each Owner shall have the right to enjoin any violation or threatened violation of this Declaration and to bring an action for declaratory relief in a court of competent jurisdiction in connection with any violation or threatened violation of this Declaration. It is acknowledged by all Owners that injunctive relief is a necessary remedy in order to preserve, for all Owners, the benefits of this Declaration. 9.3. Owner's Right to Cure or Abate. If any Owner violates any covenant, condition or restriction contained in this Declaration, or permits or suffers any occupant of its Parcel or Permittee to violate any covenant, condition or restriction of this Declaration, then in addition to any other remedy provided for in this Declaration, any Owner (the "Creditor Owner") may demand by written notice (the "Default Notice") to the defaulting Owner (and its Mortgagee, if required by Section 13.4 of this Declaration) that the violation be cured. If the defaulting Owner does not cure the violation within thirty (30) days after receipt of the Default Notice, or if such default is not a default in the payment of money and of a kind which cannot reasonably be cured within thirty (30) days, and the defaulting Owner does not within such thirty (30) day period commence to cure such default and diligently thereafter prosecute such cure to completion, then the Creditor Owner shall have the right to cure the default of the defaulting Owner. The defaulting Owner shall, within fifteen (15) days of written demand by the Creditor Owner, accompanied by appropriate supporting documentation, reimburse the Creditor Owner for all costs and expenses incurred by the Creditor Owner in undertaking any of the actions permitted by the preceding sentence, including without limitation, reasonable wages, benefits and overhead allocable to the time expended by any employee of the Creditor Owner in taking such actions. 9.4. Lien. Any Creditor Owner, any Owner relative to sums awarded pursuant to an arbitration under the terms of this Declaration and not paid when due, and/or the Managing Owner relative to past due Assessments or Parcel "B" Contributions, shall be entitled to a lien against the Parcel of the defaulting Owner, which lien shall be created and foreclosed in accordance with this Section: (a) Creation. A lien authorized by this Section shall be created by recording a written instrument (the "Claim of Lien") in the Public Records of the County, which (i) references this Declaration by date of recordation and recording information, (ii) alleges a specific breach of this Declaration, (iii) states the amount owed by the defaulting Owner through the recording date of the Claim of Lien, (iv) contains a legal description of the Parcel of the defaulting Owner, and (v) is executed and acknowledged by the Creditor Owner, the Owner receiving the arbitration award, or the Managing Owner, as applicable. A copy of the Claim of Lien shall be forwarded to the defaulting Owner prior to or concurrently with its recordation. (b) Amount. A lien created pursuant to this Section shall include (i) the amount stated in the Claim of Lien, (ii) all costs and expenses incurred in creating and foreclosing such lien (including attorneys' fees), and (iii) interest as set out in this Article below. (c) Priority. The priority of a lien created pursuant to this Section shall be established solely by reference to and shall be as of the date the Claim of Lien is recorded in the Public Records of the County (not the date of the recording of this Declaration). (d) Extinguishment. If the defaulting Owner cures its default and pays all amounts secured by a lien created pursuant to this Section, the Creditor Owner shall record an instrument sufficient in form and content to clear title to the Parcel of the defaulting Owner from the Creditor Owner's lien. (e) Foreclosure. A lien created pursuant to this Section shall be foreclosed judicially, in the same manner as provided for foreclosure of a real property mortgage in the State of Florida. 9.5. Interest. Any amount payable under this Declaration that is not paid within thirty (30) days after written notice to the applicable Owner that such amount is past due shall bear interest from the date of the notice at the Default Rate. 9.6. Personal Obligation. All amounts due under this Declaration, including, without limitation, the Assessments, are the personal obligation of the Owner of the applicable Parcel when such amounts became due. Any amounts secured by a Claim of Lien are also the personal obligation of any successor Owner who acquired title to the Parcel after a Claim of Lien was recorded in the Public Records of the County. 0 0 9.7. Subordination of Liens. Any lien created pursuant to this Article 9 shall be subordinate to the lien of any first mortgage of record which is (i) executed in good faith and value, (ii) to provide financing for the acquisition and/or development of a Parcel or the construction, repair or reconstruction of improvements thereon, and (ii) in favor of a Mortgagee. The sale or transfer of any Parcel shall not affect the validity or enforceability of any lien; provided, however, that notwithstanding the foregoing, the sale or transfer of any Parcel thereon pursuant to the proper foreclosure of a first mortgage or deed in lieu by any Mortgagee shall extinguish any lien created under this Article 9 which became due and payable prior to the date of such foreclosure sale, unless a Claim of Lien was recorded prior to the recordation of the mortgage which has been foreclosed. In no event shall the foreclosure of any mortgage or deed in lieu prejudice the rights of the Managing Owner to collect any delinquent Assessments from the prior Owner who shall remain personally liable for the payment of such Assessments. No foreclosure sale or transfer shall relieve any Owner or any Parcel from liability for any Assessments which become due subsequent to the date of such foreclosure sale or from the lien of such Assessments. ARTICLE X. ARBITRATION 10.1. Disputes Subject to Arbitration. Any dispute that is by the terms of this Declaration expressly made subject to this Article and any dispute that the parties to the dispute agree in writing to submit to arbitration pursuant to this Article may be settled by binding arbitration pursuant to this Article. No other disputes shall be subject to arbitration pursuant to this Article. 10.2. Request for Arbitration. In the event of any dispute between two or more Owners, which is subject to arbitration pursuant to this Article, any of the disputing Owners may provide to the other Owner(s) a written notice of its demand to have the dispute settled by arbitration pursuant to this Article. 10.3. Procedure. (a) Selection of Arbitrator. Within twenty (20) days of the delivery of a demand for arbitration the parties shall agree upon a single arbitrator. In the event the parties cannot agree upon an arbitrator, the parties shall petition the Circuit Court of Pinellas County, Florida for the appointment of an arbitrator. The arbitrator shall be knowledgeable and have substantial experience in the subject matter of the dispute. No arbitrator, nor any firm with which the arbitrator is associated, shall have represented either party to the dispute within the preceding five (5) years. (b) Arbitration Session. Within thirty (30) days of the selection of the arbitrator, the parties shall hold an arbitration session not to exceed one day in length unless the arbitrator agrees a longer period is necessary. The arbitration shall be conducted in the County, and any party may be represented by counsel or other authorized representative. The parties may offer such evidence as is relevant and material to the dispute. The arbitrator shall be the sole judge of relevance and materiality. 0 0 (c) Decision. The decision of the arbitrator shall be binding on the parties and may be confirmed by the Circuit Court of Pinellas County, Florida. The arbitrator's decision shall be in writing, signed by the arbitrator, and consist of two (2) parts as follows: (i) a "Decision" portion stating the decision of the arbitrator on the issue presented, including any sums awarded to any party; and (ii) a "Reasoning" portion stating the reasoning of the arbitrator in reaching its Decision. 10.4. Arbitration Award. Any amount awarded to any Owner by the arbitrator pursuant to this Article shall be due and payable within twenty (20) days after the decision of the arbitrator becomes final. Failure to pay the amount due shall entitle the party who received the award to the remedies provided for in the relevant provisions of this Declaration. 10.5. Fees and Costs. Each parry shall pay its own attorneys fees and costs in connection with the arbitration. If a parry or parties to the arbitration receive substantially all the relief requested in the arbitration, as determined by the arbitrator as part of its Decision, the other party or parties shall pay the fees of the arbitrator, otherwise the fees of the arbitrator shall be divided equally between the parties. ARTICLE XI. MISCELLANEOUS 11.1. Notices. Any notice required or permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes if sent (i) by hand delivery, with a signed delivery receipt, (ii) by registered or certified mail (return receipt requested), postage and charges prepaid, or (iii) by a reputable overnight delivery service with the ability to confirm delivery, addressed as follows: To Declarant: P B P of Clearwater, LLC 685 Main Street, Suite A Safety Harbor, Florida 34695 Fax: 727-725-2317 Any such notice shall be deemed to be given on the date on which it is received or receipt thereof is refused. Any Owner may designate or change its notice address by notice to all other Owners in accordance with this Section. 11.2. Attorneys' Fees. In the event of any action between any of the Owners for breach of or to enforce any provision or right under this Declaration, the prevailing Owner shall have the right to recover all costs and expenses incurred, expressly including, but not limited to, reasonable attorneys' fees incurred in connection with such action. 11.3. Breach Shall Not Permit Termination. No breach of this Declaration shall entitle any Owner to cancel, rescind, or otherwise terminate this Declaration. 0 0 11.4. Rights of Mortgagee. The Mortgagee of any Owner shall be entitled to a simultaneous copy of any Default Notice served on such Owner, served in the same manner that other notices are required to be given under this Declaration; provided that the Mortgagee shall have, prior to the time of the default, notified the Owner giving the Default Notice of the Mortgagee's mailing address. 11.5. Effect on Third Parties. Except for Section 11.4, which is for the benefit of a Mortgagee, this Declaration is for the sole benefit of the Owners and not any third party. 11.6. No Partnership. Nothing in this Declaration is intended to create the relationship of principal and agent, or of partnership, or of joint venture, or of any similar relationship between any of the Owners. 11.7. Modification. No modification to or termination of this Declaration shall be valid or effective unless in writing, referencing this Declaration by date of recordation and recording information, signed by each of the Owners and recorded in the Public Records of the County. 11.8. Severability. In the event any portion of this Declaration, or the application of any provision of this Declaration to any particular circumstance is held to be invalid or otherwise unenforceable by any court of competent jurisdiction, such holding shall in no way affect the remainder of this Declaration or any valid and enforceable application of any provision of this Declaration. 11.9. Governing Law. This Declaration and shall be interpreted, construed, and enforced in accordance with the laws of the State of Florida. 11.10. Interpretation. This Declaration shall be construed in accordance with its intent of providing for the efficient integration of the Parcels into a functional project. It shall not be construed more strictly for or against Declarant or any Owner. Article and Section titles in this Declaration are inserted for convenient reference, and no way define, limit, extend, or describe the scope of any provisions of this Declaration. 11.11. Release. If an Owner shall transfer fee simple title to its entire Parcel, it shall be released from all obligations under this Declaration accruing from and after the date of such transfer. This Declaration is binding on the Owners relative only to obligations accruing during their respective periods of ownership of a Parcel, except as expressly provided for in Section 9.6 where an Owner takes title to a Parcel with a Claim of Lien of record. 11.12. Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 11.13. Entire Agreement. This Declaration and the Exhibits contain the entire agreement with respect to the subject matter hereof. 11.14. Construction Liens. In the event any construction lien is filed against the Parcel of any Owner as a result of any work by or for the benefit of any other Owner, the Owner responsible for such lien will promptly take such action as may be required to have the lien 0 0 discharged from such Parcel. Upon request of the other Owner, the Owner responsible for such lien agrees to furnish such security or indemnity as may be required, to and for the benefit of such other Owner, to permit a title insurance company to insure the affected Parcel free of such construction lien. 11.15. Sub-Declarations. The Declarant may elect to impose or define additional covenants, conditions, restrictions or easements against any Parcel pursuant to a separate declaration (a "Sub-Declaration"). All Sub-Declaration shall be subordinate and subject to this Declaration Any Sub-Declaration shall set forth maintenance obligations with respect to improvements, facilities or other appurtenances which serve only the subject Parcel(s). A Sub- Declaration shall set forth assessments for the maintenance of the subject Parcel. In the event the Declarant elects to develop a portion of the Property under condominium ownership, such condominium shall constitute a Parcel and the Owners of any condominium units therein shall be subject to the terms and conditions of this Declaration as well as the applicable declaration of condominium. A Sub-Declaration may provide for a separate association to administer the rights and obligations provided in a Sub-Declaration and the maintenance of common improvements, facilities and appurtenances which serve the subject Parcel(s). 11.16. Future Plat of Property. Declarant shall have the right and option to plat the Property at any time. In the event Declarant determines to plat the Property, each Owner covenants and agrees to cooperate and join into a plat of the Property, or any part thereof, provided however, in no event shall any plat of the Property materially modify or diminish any Owner's rights under this Declaration. 11.17. Exhibits. The following Exhibits are attached to this Declaration. Exhibit "A" - Property Exhibit "B" - Site Plan Exhibit "C" - Parcels A and B legals and sketch [signature pages follow] • • IN WITNESS WHEREOF, Declarant has executed and caused the recordation of this Declaration. WITNESSES: P B P of Clearwater, LLC a Florida limited liabili pany By: Abdi Boozar Jomehri, its Manager Print Name: Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2007, by Abdi Boozar Jomehri, as Manager of P B P of Clearwater, LLC, a Florida limited liability company. He is [ ] personally known to me [ ] or has produced a Florida driver's license as identification. t*S4% Printed N NOTARY IC (Notarial Seal) Commission No.: State of Florida at Large My Commission Expires: 0- 0 MORTGAGEE CONSENT Whitney National Bank, successor by merger to Madison Bank, the owner and holder of that certain Mortgage recorded in Official Records Book 13688, Page 579, Assignment of Rents recorded in Official Records Book 13688, Page 588 and UCC-1 Financing Statement recorded in Official Records Book 13688, Page 594, all of the Public Records of Pinellas County, Florida hereby joins in the forgoing Declaration, agrees and consents to the forgoing and hereby subordinates its interest, mortgage, assignment and financing statement in the Property to the forgoing Declaration. In Witness Whereof the parties have set their hands this day of , 2007. Witnesses: WHITNEY NATIONAL BANK, Print Name: By: Its: Print Name: STATE OF COUNTY OF I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, as of WHITNEY NATIONAL BANK, a Florida corporation, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Consent and he acknowledged then and there before me that he executed the same as such officer on behalf of said corporation for the purposes therein expressed; and that the said Consent is the act and deed of said corporation. WITNESS my hand and official seal this day of 32007. Name: Notary Public Commission No. My Commission expires: 171 EXHIBIT "B" Site Plan • EGP/mk G:/Epgrp/2ndofc/PBP/DeclRev2 12207 i The North 342.0 feet of Tract 'tA", a Replat of Block "D" 'of Suburb Beautiful, as recorded in Plat Book 19, Page 100, of the Public Records of Pinellas County, Florida. Less the North 150.0 feet of the West 150.0 feet thereof; and also Less the South 60.0 feet of the West 282.12 feet thereof. r EXHIBIT `' • EXHIBIT "B" Site Plan EGP/mk G:/Epgrp/2ndofc/PBP/DeclRev 1 11807 W.O. 3421.3. SECTION 14, TWP. 29 S., RGE. 15 E PINELLAS COUNTY, FLORIDA SKETCH-OF-LEGAL ;_ 0 M co r 0 0 N i? v 0 M 0 0 J 0 i a E C C C C 3 C C .100' R/W GULF TO BAY BOULEVARD - --,-- NORTHWEST CORNER T OF 77?ACT "A" P 0.C. WEST(P) 432.12,(P) I. I N 90-00'00" E 281.98' . WEST z z , o o r, cn ° j 150.0, 0. z N u C? N '' P Q N ,, O I :- ? O r ° i C7i ,? Q? ,, P O W \SID H! 0 pt. o O? o;. .°, r'' e rED rn --0 I j o ?a P.O.B. 150.14 1 88.01 GEC, ?- pF?l rr, I r" . I C Q y Z N 90-00'00" E 238.15' l-T K.PARCEL A w??p 0 o Q c C i 0TRACT ".A" wz C7 ?° O CD W z S. 90-00'00" W 238.15' 43.97' o o < 70 m D I N 90-00'00" E 282.12 " C ;CD I Z PACEL o < SOU THERL Y BOUNDARY OF PARENT R C M I 0 ------wESr- -------- -2 --------- `o m -- S 90-00'00" W -p, m PC= 150.00': o TRACT "A" o NOT INCLUDED I I EAST(P) 432.12'(P) - I CENTRAL BOULEVARD 1 _ 60' R/W DESCRIPTION ON SHEET 2 DRAWN BY.• J.S.B. I DATE.• January 11, 2007 1 I CHECKED B Y.• W mil" G 1 1. ?os No.: u 3421` 1 I SHEET 1 OF 2 GEODATA SERVICES INC. 1822.-DREW ST. SUITE 8 CLEARWATER, FL 33765 PHONE; (727) 447-1763 -1 tom, , mtb IL8 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN -ALTERED IN SIZE BY REPRODUCTION. Page I of `? W.O. 3421.3 SECTION 14, TWP. 29 S., RGE. 15 E.. PINELLAS COUNTY, FLORIDA SKETCH-OF-LEGAL E 0 N co 0 0 N CV c 0 N 0 M v? 3 ?i 0 N 0 1 N t N O O d' f 0 0 i N D 0 0 / N 6 E. .o in DESCRIPTION (PARCEL A): A portion of the following described parent parcel: The North 342.0 feet of TRACT "A", a REPLAT OF BLOCK "D" • of SUBURB BEAUTIFUL, as recorded in Plat Book 19, page 100, of the Public Records of Pinellas County, Florida. LESS the North 150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A". thence along the westerly line of said. TRACT •"A", S 02'30'00" E. a distance of 150.14 feet to the POINT OF BEGINNING; thence departing said westerly. line, N 90'00'00" E, a distance of 238.15 feet; thence S 02'30'00" E, a distance of 132.13 feet to a point on• the Southerly boundary of the above described parent parcel; thence along said Southerly boundary, S 90'00'00" W, a distance of 238.15 feet to a point on the westerly boundary of the above described parent parcel, also being a point on the westerly line of said TRACT "A"; thence along said westerly line, N 02'30'00" W, a distance of 132.13 feet, back to the POINT OF BEGINNING. Containing 0.722 acres more or less. SKETCH ON SHEET 1 SURVEYOR'S CERTIFICATION: 1, DENNIS J. EYRE, THE SURVEYOR IN RESPONSIBLE CHARGE, HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROUND SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BEUEF.:A FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES (OR RULE CHAPTER 61G17--6..., F.A.C.). SURVEY: NOT VALID UNLESS SEALED WITH AN EMBOSSED SEAL NNIS J. EYR , LS. FLA. .: No..2865 ' DATE: Ja Liary DRAWN 8y.• J.S.B. DATE.- January 11, 2007 GEODATA SERVICES INC. CHECKED er; . 1822 DREW ST. SUITE 8 ?oe No.: 34 CLEARWATER, FL 33765 L7, PHONE: (727) 447-1763 Ift, SHEET 2 of 2 LB 7466 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Exhibit Paqe Z of E 0 N 00 0 O N M 0 0 C C S C a F c c W.O. 3421.4 SECTION- 14, TWP. 29 S., RGE...15 E: PINELLAS COUNTY, FLORIDA SKETCH-CAF-LEGAL NORTHEAST CORNER 100' R /W OF TRACT "A " GULF-TO BAY BOULEVARD I NORTHWEST CORNER NORTHERLY L/NE OF TRACT 'A" T OF TRACT 'A" P 432.12'(P) I O. C. WEST(P) N 90'00'00" E 281.98 cn WEST, z o cn o 150.0 ,, o f WESTERLY BOUNDARY z cn o 0 OF PARENT PARCEL o ti (A o z o ° N _ o o o ? C)o o? PARCEL B o l o o ?O o f o (A o r? m io = 4h. rn 150.14 88.01' N 90'00'00" E Po6.S 90'00'00" W q rrl I x- 238.15' C TRACT ' A" I 6 ?o a) m C I u-, w ;40 S 3 90*00 00" W z I O o (:z L4 o> pP P c) w I D S S 90100'00" W 238.15' C I N 90'00 00 E 282.12' oo rn m , I C SOUTHERLY BOUNDARY OF PARENT PARCEL o I WEST 282.12' ? cn M cn ----------- Z co --- En -------- S 90'00'00" . W I o C o? 150.00' o m Q? TRACT "A" •° NOT INCLUDED SOUTHERL Y BOUNDARY OF PARENT PARCEL I . I EAST(P) 432.12'(P) I CENTRAL BOULEVARD 60' R/W DESCRIPTION ON SHEET 2 DRAWN BY- J. S. B. GEODATA SERVICES- I1822 DREW ST. SUITE 8 CLEARWATER, FL 33765 PHONE: (727) 447-1763q? LB 7466 DATE: January 11, 2007 CHECKED BY ?06 NO.: 4 n SHEET 1 OF 2 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. r '..MC4.i4 P?lge__L, Of .?. W.O. 3421.4 SECTION 14, TWP..29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA SKETCH-OF-LEGAL DESCRIPTION (PARCEL B): A portion of the following described parent parcel: E a N Co r- 0 O N c 0 0 3 n 0 N 0 I N •a- N d' M O O O I 0 0 N Q J 0 / N c a 3 0 O The North•.342.0 feet of TRACT "A a REPLAT OF BLOCK "D" of SUBURB BEAUTIFUL, as recorded in Plat Book 19, page 100, of the Public Records of Pinellas County, Florida. LESS the North .150.0 feet of the West 150.0 feet thereof; AND ALSO LESS the South 60.0 feet of the West 282.12 feet thereof. Being more particularly described as follows: Commence at the Northwest corner of said TRACT "A", thence along the westerly line of said. TRACT "A S 02'3000" E, a distance of 150.14 feet; thence departing said westerly line, N 90'0000" E, a distance of 150.14 feet to the POINT OF BEGINNING; thence along the westerly boundary of the above described parent parcel, N 02'30'00" W, a distance of 150.14 feet. to. a point on the northerly line of said TRACT "A"; thence along said northerly line,- N 90'00'00" E, for a distance of 281.98 feet to the Northeast corner of said TRACT "A";. thence along the easterly line of said TRACT "A S 02'30'00" E, a distance of 342.33 feet to a point on the southerly boundary of the above described parent parcel; thence along said southerly boundary the following three (3) courses; (1). S 90'00'00" W. 150.00 feet; (2) N 02'3000' W. 60.06 feet; (3) S 90'0000" W, 43.97 feet; thence departing said southerly boundary, N 02"30'00" W, a distance of 132.13 feet; thence S 90,00,0.0" W, a distance of 88.01 feet back to the POINT OF BEGINNING. Containing 1.765 acres more or less. SKETCH ON SHEET 1 SURVEYOR'S CERTIFICATION I, DENNIS J. EYRE, THE SURVEYOR IN RESPONSIBLE CHARGE; HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVEGROUND SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I..FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STAND-ARDS IN SECTION 472.027, FLORIDA STATUTES (OR RULE CHAPTER 61G17--6..., F.A.C.) SURVEY NOT .VAL1D UNLESS SEALED WITH AN EMBOSSED SEAL. NNIS J. EYRE,? S.. FLA. EG: No. 2865 DATE: Jan+?6ry 12,..2007 J.S.B. DNTE.• January 11, 2007 CHECKED BY JOB NO.: : 3 GEODATA SERVICES INC. 1822 QREW ST. SUITE 8 CLEARWATER, FL 33765 PHONE: (727) 447-1763 LB 7466 1 r.,I OIL SHEET 2 OF 2 NOTE THAT THIS DRAWING MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. Exhibit L/. page.,,, of ?- ?Y.??? fllal//t/??Q@1?? 4TEA, LONG RANGE PIANNING DEVELOPMENT FTVIEW C ITY OF C LEARWATE R PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICI..s BUILDING, 100 SOUTH MYR•TLL AvI:NU1:, CLEARWATGR, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 November 21, 2006 Mr. Abdi R. Boozar-Jomehri 685 Main Street Suite A Safety Harbor, FL 34695 RE: Development Order - Case FLD2006-07044 1721 Gulf to Bay Boulevard Dear Mr. Boozar-Jomehri: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On November 21, 2006, the Community Development Board reviewed your request for Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. That the 2.49 acres is located on the south side of Gulf to Bay Boulevard between Plumosa and Duncan Avenues; 2. That the property is located within the Commercial (C) District and is currently developed with a 22,209 square-foot building for retail sales and services (West Marine); 3. That the development proposal is to construct a four-story, 20,050 square-foot office building on the west side of the site where the parking lot exists today, in addition to retaining the existing one-story, 22, 209 square-foot retail sales and services building (West Marine); FRANK I IIISHARI)• MAYOR P) N DoIZAN, Cn;Nai.,."IEMUR 11<»-r I IAM11:1ON, C t'NCILMI:.AMUR BILL JONSON, CouNC:Ii.,•:.wsitic ® C:UtLP.N A. Prn:RSI:N. CH NCIAWNIBI?R 'T'01 JAI, LMPLOYMENI'AND AFTU;nIA'Tivi, Ac noN I;MPLo) I:R" November 21, 2006 Boozar-Jomehri - Page Two 4. That the property is "L" shaped, with frontages on Gulf to Bay Boulevard, Plumosa Avenue and Duncan Avenue; 5. That reductions to setbacks and perimeter buffers to pavement and building are proposed as part of the proposal; 6. That proposed setbacks exceed those listed in Table 2-704 for offices and retail sales and service uses, requiring the proposal to be processed as a Comprehensive Infill Redevelopment Project; 7. That the setback reduction requested along Gulf to Bay Boulevard (to existing pavement) is a product of the location of the West Marine building and the parking lot dimensional standards; 8. That the setback reduction requested along Duncan Avenue (to existing pavement) is a product of the functionality of the parking lot, the necessity to provide adequate truck maneuvering area for the existing truck well on the south side of West Marine, the necessity to provide an additional loading space for the office building and the provision of required foundation landscaping; 9. That the proposal includes a request to reduce the required side setback along the south property line from 10 feet to 5.1 for the proposed office building, which has been modified since the October 17, 2006, CDB meeting to accurately meet Building Code requirements and has completely changed the appearance of the southern fagade of the office building to be the same as the other three sides of the building; 10. That the proposal includes an increase to the height for the proposed office building to 50 feet (to roof deck) (four stories); 11. That, while most surrounding commercial buildings along this stretch of Gulf to Bay Boulevard are no greater than two stories in height, the proposed building height can be viewed as setting a new standard for this area and along this commercial corridor that has undeveloped potential; 12. That, based on the shared parking formula of Section 3-1405, required parking for these two uses on this property is 167 parking spaces; 13. That the request includes a reduction to required parking from 167 spaces to 104 spaces, representing the provision of only 62.3 percent of the required amount of parking for both uses; 14. That a Parking Demand Study submitted analyzed the existing West Marine parking characteristics, which demonstrated that parking demand for the West Marine use is satisfied while also accommodating parking demand for the proposed office building; 15. That Staff concerns regarding the future use of the West Marine building when West Marine ceases operation, where a new use may not have the same operational characteristics as West Marine, can be limited through a development agreement or similar agreement acceptable to the City prior to the issuance of a Certificate of Occupancy for the office building; 16. That the proposal includes reductions to perimeter buffers and a Comprehensive Landscape Program has been submitted, which is consistent with its criteria; and 17. That there are no outstanding. Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Table 2-704 for offices and retail sales and services of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. 5 ' t • • November 21, 2006 Boozar-Jomehri - Page Three Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff; 2. That, prior to the issuance of any permits, the ingress/egress easement along the north property line be vacated; 3. That, prior to the issuance of a Certificate of Occupancy for the office building, a development agreement or similar agreement between the City and the applicant be approved limiting the future use of the West Marine building due to the reduction to required on-site parking; 4. That a new Comprehensive Sign Program be submitted for revised signage on Duncan Avenue and for attached signage, where all signage will need to be coordinated for sign type, exterior materials and color; 5. That, prior to the issuance of any permits, plans be revised to show required fire hydrants for fire fighting use; 6. That, prior to the issuance of any permits, the landscape plan be amended to ensure the interior landscape area along the southern property line west of the office building meets Code requirements for trees and other landscape materials; 7. That, prior to the issuance of any permits, appropriate plans be revised show trees #9 and #58 and to meet the arborist's recommendations for trees 1 - 11 and 58 - 63; 8. That, prior to the issuance of any permits, the following be submitted or provided on revised plans: a. copy of the SWFWMD permit; b. soil boring, percolation tests and seasonal high water table elevation with drainage calculation analysis; c. two cross sections through the retention pond (east to west and north to south); d. stage storage chart showing the pond can hold 12,250 cubic feet of runoff with six-inches of freeboard; and e. outline of the top of bank and toe of slope of the pond; and 9. That the traffic signal box and loop detectors within the Duncan Avenue right-of-way be relocated at the applicant's expense. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (November 21, 2007). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on December 5, 2006 (14 days from the date of the CDB meeting). November 21, 2006 Boozar-Jomehri - Page Four If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-5624504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/depts/planning. Sincerely, Micha 1 el , Planning Director S:IPlanning DepartmentlCD BIFLEX (FLD)IInactive or Finished ApplicationslGulf to Bay 1721 Duncan Office Building (C) -ApprovedlGulf to Bay 1721 Development Order.doc (9 0 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, November 20, 2006 10:06 AM To: 'Keith Zayac' Subject: RE: Duncan Office None to date. I have already moved this case to the Consent portion of the CDB agenda. -----Original Message----- From: Keith Zayac [mailto:keith@keithzayac.com] Sent: Monday, November 20, 2006 8:43 AM To: Wells, Wayne Subject: Duncan Office Have you received any objection letters or calls? Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax 11/20/2006 0 . 0 Wells, Wayne From: Keith Zayac [keith@keithzayac.com] Sent: Friday, November 17, 2006 11:02 AM To: Wells, Wayne Subject: Re: FLD2006-07044, 1721 Gulf to Bay Boulevard After review of the conditions we agree and accept. Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- Original Message ----- From: <Wayne.Wells@myClearwater.com> To: <pcti@pilotconstruction.com> Cc: <keith@keithzayac.com> Sent: Thursday, November 16, 2006 10:52 AM Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Abdi - Attached is the Staff Report for the above referenced case for the November 21, 2006, CDB meeting. Please review the conditions of approval and, if acceptable, please let me know no later than 10:00 am on Monday, November 20, 2006. If acceptable, and we have not received any letters of opposition, this case will be listed on the Consent portion of the agenda for the meeting. Thanks. Wayne <<Gulf to Bay 1721 Staff Report for 11.21.06 CDB.doc>> 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, November 16, 2006 10:52 AM To: 'pcti@pilotconstruction.com' Cc: Keith Zayac (E-mail) Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Abdi - Attached is the Staff Report for the above referenced case for the November 21, 2006, CDB meeting. Please review the conditions of approval and, if acceptable, please let me know no later than 10:00 am on Monday, November 20, 2006. If acceptable, and we have not received any letters of opposition, this case will be listed on the Consent portion of the agenda for the meeting. Thanks. Wayne Gulf to Bay 1721 Staff Report ... C, • Wells, Wayne From: Keith Zayac [keith@keithzayac.com] Sent: Thursday, November 02, 2006 8:43 AM To: Wells, Wayne Subject: Re: FLD2006-07044, 1721 Gulf to Bay Boulevard I will bring over today. By the way I spoke with Rick Albee and he said we don't need a inventory for Gionis. I will be bringing over the Comp. Infill this morning to insert. Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- original Message ----- From: <Wayne.Wells@myClearwater.com> To: <keith@keithzayac.com> Sent: Wednesday, November 01, 2006 6:33 PM Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Keith - I need 15 sets of the reduced (8.5"x11") copies landscape plans for the above referenced project left out of the resubmittal packages. Thanks. tree applications of the revised site and for the CDB. They were Wayne 1 0 Ft??ssQ*?r *4 .t4TER, psi/// LONG RANGE PIANNING DrVELOPMENT RI:virW 1] CITY OF C LEARWATE R PLANNING DEPARTMENT POST Ohio Box 4748, CLEARWATER, FI.ORIDA 33758-4748 MUNICIPAL. SERVICIis BUILDING, 100 SOUTH MYR7l.r AVENUE, CLFARWATER, FLORIDA 33756 TrL1:PH0Nr (727) 562-4567 FAx (727) 562-4865 October 17, 2006 Mr. Abdi R. Boozar-Jomehri 685 Main Street Suite A Safety Harbor, FL 34695 Re: Community Development Board Meeting (Case No. FLD2006-07044 - 1721 Gulf to Bay Boulevard) Dear Mr. Boozar-Jomehri: The Community Development Board (CDB) at their meeting on October 17, 2006, continued the above referenced request to their November 21, 2006, meeting. The request is for Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), and a reduction to the required foundation landscape area along the north side of the West Marine building from five feet to three feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for property located at 1721 Gulf to Bay Boulevard. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. SincerelyVe4k,P MichaPlanning Director Cc: Keith Zayac S: IPlanning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIGuI(to Bay 1721 Duncan Office Building (C) 10.17.06 CDB - WWIGWto Bay 1721 CDB Continuance Letter 10.17.06.doc FRANK I111MArn, MAYOR )c iln DOICNN, C( :NClL\IF.%MI:R I IM-1 I IANilL1 ON, C01 NULNIEMIRIT BILLJUINSON, 0WNCHAIENIBER ® C:\io.I:,\'A. PI'Il:ItSvN, Col ?cai.. n.>u+rR "E0uAI, Ek4PL0YPII`NT AND AT•TiRMA11VF AcTIo 1?aIPLOVTat 0 • Page 1 of 1 Wells, Wayne From: Keith Zayac [keith@keithzayac.com] Sent: Monday, October 16, 2006 2:41 PM To: Wells, Wayne Subject: FLD2006-07044, 1721 Gulf to Bay Blvd. Wayne, please accept this email as a formal request to continue this project from the October 17, 2006 CDB meeting to the November 21, 2006 meeting. Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax 10/16/2006 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, October 12, 2006 10:38 AM To: 'pcti@pilotconstruction.com' Cc: Keith Zayac (E-mail) Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Abdi - Attached is the Staff Report for the above referenced project for the October 17, 2006, CDB meeting, which is at 1:00 pm in Council Chambers in City Hall, 112 S. Osceola Avenue. Wayne Wells Gulf to Bay 1721 Staff Report.... d d9 ys.6 d i i rarafi! LONG RANGr PLANNING DFVF.LOPMENr FMFW • CITY OF C LEARWATE R PLANNING DEPARTMENT Posr OrFIcE Box 4748, CLFARWATER, FLORIDA 33758-4748 MUNICIPAL. SFRVICEs BUILDING, 100 SOUTH MYRT'I,E AVENUE, CLFARWAT ER, FLORIDA 33756 TFLEPHONE (727) 562-4567 FAx (727) 562-4865 October 5, 2006 Mr. Abdi R. Boozar-Jomehri 685 Main Street Suite A Safety Harbor, FL 34695 Re: Community Development Board Meeting (Case No. FLD2006-07044) Dear Mr. Boozar-Jomehri: Case No. FLD2006-07044 for Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), and a reduction to the required foundation landscape area along the north side of the West Marine building from five feet to three feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for property located at 1721 Gulf to Bay Boulevard, has been scheduled to be reviewed by the Community Development Board on October 17, 2006. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3`d floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4504. Sincerely, /V ,L?.wd? Wa7M. Wells, AICP Planner III S.•IPlanning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIGulf to Bay 1711 Duncan Office Building (C) 10.17.06 CDB - WWIGuIf to Bay 1711 CDB Letter.doc PRANK I I11MAKI), MAYOR JOIiN Dolt'\N, (,UIiNCILJiIi it+rR IIOVI' I IAN111AON, COQ NCn_\ie>usr.r. I3u.i. JONSON, COUNQLMFAIl ER ® Gwu:.N A. Pi rr.Rsi[N, COi Nc:n.mvmiwi, "I;OIIAL EMPLOYNIFNT AND AFFIR.NIATIVI: Ac'rulN 1?,?mrc>Yltii" • Keith Zavac & Associates, Inc. Civil Engineering, Landscape Architecture, Planning Mr. Wayne Wells City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2006-07044 -1721 GULF TO BAY BLVD Dear Mr. Wells: • 701 S. Enterprise Road E., Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax keith(@keithzayac.com EB 9351 LC26000212 ORIGINAL RECEIVED SiP 2 3 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Enclosed please find 15 sets of information addressing comments received from DRC meeting including the following items: Fire: 1. Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and on the same side of street as building. PRIOR TO CDB 8/21/06 A fire hydrant along Duncan has been added to the plans. Landscaping: 1. Sheet 4 - Revise areas shown for interior landscape area. Cannot count areas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-12-2.E.1. Revise Sheets 4 and 7. Landscape plan and site plan have been revised to remove specified areas from interior landscaping areas and calculations. 2. 9/14/06 - WW After consultation with Rick Albee with photos of the south side of the property, include a condition of approval to require accent trees along south side of proposed office building. 8/23/06 - WW Shade trees cannot be planted within 20 feet of overhead utilities. There exists overhead utilities along Duncan Avenue, along the south property 0 • line adjacent to the proposed office building and along Plumosa Avenue (although next to curb). a. Change to accent trees along Duncan Avenue (two accent trees = one shade tree). b. Suggest changing from pals to accent tress along south property line adjacent to proposed building (possibly crape myrtle; two accent trees = one shade tree). Additional accent trees have been added to the landscape plan as requested. 3. 9/14/06 - WW Palms need to be changed to accent trees. Planting area on the south side of the building is still inadequate due to requested reduction to required setback. 8/23/06 - WW It is questionable that the shrubs and palm trees proposed along the south side of the building will be able to be planted, since there is an existing (to be retained) 24-inch drainage outfall pipe within this area. Provide a cross-section through this area showing the location of this pipe in relation to the proposed ground elevation, considering the root balls for the proposed shrubs and tress to be planted, and the fact there will be a building foundation and there is a retaining wall along the property line. A cross section has been added to the plans showing the elevations, root ball, building and retaining wall. Need to dimension the width of the proposed foundation landscape area on the north side of the existing West Marine building and the width of the sidewalk (minimum by Code is five feet wide). Minimum width of sidewalk for handicap accessibility / accessible route is 44-inches. Any reduction below the minimum width of the foundation landscape area needs to be part of the request. Need to plant the foundation landscape area per Code. Dimensions and plants have been added to the foundation planting area north of the West Marine building per code. Solid Waste: U 1. 1) insufficient Solid Waste service suggest double enclosure. G 3 2) relocate Dumpster enclosure unable to turn truck around as N 3) shown. Dumpster enclosure will need to be brought up to code. W o v 0 4) Include Dumpster specification sheet on detail page v) Z 5) Cardboard Dumpst3er needs to be enclosed (not shown on g plans) a • C, A double dumpster enclosure with adequate room for trash and paper products has been added to the plan. A City double dumpster enclosure detail has been added to the plans. The dumpster has been relocated from the original submittal to allow adequate turn around room. Traffic Engineering: 1. 1) The traffic signal box shown in the western driveway cannot be exposed to vehicular contact due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (727) 562-4750 to consider the re- locating the traffic signal box and loop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to the ATM. 9/8/06 - BOX AND LOOP DETECTORS TO BE RELOCATED AT APPLICANT'S EXPENSE. "At applicants Expense" has been added to relocation note. 2. Stop bar with stop sign shall be 4-feet back from back edge of sidewalk or crosswalk. 9/8/06 - MET 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2.(1) of the Florida Building Code Ch. 11.9/8/06 - MET - MAY NEED ADDITIONAL ACCESS FROM OFFICE BUILDING TO PUBLIC SIDEWALK ALONG DUNCAN AVENUE AT BUILDING PERMIT. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119.9/8/06 - MET 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5 feet long 9/8/06 - z BACK UP AREA PROVIDED. o a 6. Provide offstreet loading space for proposed office J o N building in accordance with Community Development U ?-^ o Code Section 3-1406.B.1 9/8/06 - MET ,,, C 7. How does location of the proposed office building z 0 affect access to the existing truck well south of the v existing commercial building? 9/8/06 - NO a RESPONSE r • • A template detail of the loading area turning movement has been added to the plan. All of the above should be addressed prior to CDB. General Note(s): 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: 1. 9/14/06 - WW Comprehensive Sign Program (CSP) SGN2005-09006 was approved on November 9, 2005. CSP will need to be amended for revised location of signage on Duncan Avenue and for attached signage. 8/1/06 - WW Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sing locations (Note: Survey is old and indicates freestanding signage n Gulf to Bay Blvd. not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd to be located within the visibility triangle. 2. 9/14/06 - WW Include a condition of approval requiring vacation of the easement prior to the issuance of any permits. 8/23/06 - WW There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within but a small area of this easement. Either revise plans to provide vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). The easement is proposed on the plan to be vacated. 1. 9/14/06 - WW Z W Sections 3-1204.1) and .F require curbing and wheel stops to protect CM ? Q landscape areas and not permit vehicles to overhang any required a N landscape area. Add a condition that will require the installation of wheel W - o J stops in all appropriate locations. ED ? O ?- L.U Z U z O Wheel stops have been added along planting areas. V a v 8/23/06 - WW ,• 0 0 Wheel stops required for all parking spaces that abut landscape areas and sidewalks. 2. 9/14/06 - WW Sheet 3 still indicates sign on Duncan to be removed and relocated. Either it will be removed or it will relocated to a new location that needs to be shown. This sign was part of the Comprehensive Sign Program (CSP) SGN2005-09006. To relocate sign, will need to amend the CSP. Revise. 8/23/06 - WW Demolition Plan Sheet 3 states that the existing West Marine sign on Duncan Avenue will be relocated, but Sheet 4 does not show where the location of the relocated sign. Revise. Sign is called out to be removed. 3. 9/14/06 & 8/23/06 - WW The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to find a replacement tenant, unless additional off-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. Comment acknowledged and parking study submitted. 4. 9/14/06 - WW South side of building is bland. 8/23/06 - WW The proposed building does not comply with the Comprehensive Infiil Redevelopment Project c4riteria, which are: 6. Flexibility with regard to use, lot width, required setbacks; height and off-street parking are justified based on demonstrated compliance with all L a of the following design objectives: a Z ° ~? d. In order to form a cohesive, visually interesting and attractive c? v Q ° v appearance, the proposed development incorporates a substantial p LU n- z p number of the following design elements: z ?-- • Changes in horizontal building planes; g v • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in material, colors, and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the facade with the primary facade feature as a differentiation of color of cubes. Proposed "yellow" color is too vivid. Staff is not supportive of the design of the proposed building. It is our understanding that a discussion has been held with architect to resolve. 5. 9/14/06 & 8/23/06 - WW Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the p4rovision of perimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". Comment Acknowledged 6. Proposed double dumpster enclosure interferes with the existing transformer. Is the transformer being relocated and if so, to where? Revise. Transformer pad has be cated on plans. c e ; th E. Za c , RLA z? W W co 2 Q C 3 resident Keith Zayac & Associates, Inc. W CO LU CX1 O? ? zO z g? a 1 • • Wells, Wayne From: Wells, Wayne Sent: Friday, September 15, 2006 4:34 PM To: 'Keith Zayac' Subject: RE: FLD2006-07044 - 1721 Gulf to Bay Blvd. I have not talked to him yet. Have him call me. -----Original Message----- From: Keith Zayac [mailto:keith@keithzayac.com] Sent: Friday, September 15, 2006 4:31 PM To: Wells, Wayne Subject: Re: FLD2006-07044 - 1721 Gulf to Bay Blvd. OK, have you talked to Abdi or would you like me to have him call you Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- Original Message ----- From: <Wayne.Wells@myClearwater.com> To: <keith@keithzayac.com> Sent: Friday, September 15, 2006 4:28 PM Subject: RE: FLD2006-07044 - 1721 Gulf to Bay Blvd. Keith - In my haste to get the agenda out I may have misread your email below and advertised a reduction to the foundation landscape width from five to three feet; but, I can change it later and say that you are complying with the Code requirement. As for getting the revised plans, if you could by the end of Tuesday next week that would be fine. Wayne -----Original Message----- From: Keith Zayac [mailto:keith@keithzayac.com] Sent: Thursday, September 14, 2006 1:59 PM To: Wells, Wayne Subject: Re: FLD2006-07044 - 1721 Gulf to Bay Blvd. The interior landscaping after reducing the areas requested comes to 5538 sf or 11% The client agreed to increase the 3 ft wide north foundation planter from 3 ft to 5 ft. Let me know when you need our revised plans. Thanks Wayne! Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax 1 41, % 0 0 ----- Original Message ----- From: <Wayne.Wells@myClearwater.com> To: <keith@keithzayac.com> Sent: Thursday, September 14, 2006 11:00 AM Subject: FLD2006-07044 - 1721 Gulf to Bay Blvd. Keith - I am attaching the comments still outstanding as of today. I need you to respond to the following from the attachment (revised plans can be submitted later than today but see the last paragraph below - which is more critical): Fire: Show the fire hydrant on the plans now. Landscaping: 1 - a. For interior landscaping, I cannot count the triangular sliver on the west side adjacent to the gas station (remove the sliver as interior landscaping). b. I also cannot count all of the area south of West Marine (within the retention pond) - only can count five feet from the curbing. Revise the interior landscape shading from this area. c. Need to plant the area on the south side of parking west of the proposed office building to qualify as interior landscaping (fill in this area with shrubs and groundcover. d. Need to plant the terminal island at the northwest corner of West Marine with trees that meet Code. The existing Florida royal palms are too small (only maybe 4-5 feet CTH). e. Recalculate the total interior landscape area. If less than 10 percent of the vehicular use area, need to include a reduction to this requirement. 2 & 3 - Change the palms to accent trees. 4. Address. Traffic Engineering: 1.7 - Address re existing truck well. Planning: 3. Address 4. Address 8. Address Keith - I am trying to place this item on the next CDB agenda, so I need at least a quick turnaround time for Traffic Engineering #1.7 and Landscaping #l.a, #l.b, #l.e and #4 (potentially by 2 pm). You might need to contact Scott Rice (562-4781) to find out what he is comfortable with as a response. Call me if you have any questions. Wayne <<dre action agenda as of 9.14.06.pdf>> 2 Wells, Wayne From: Wells, Wayne Sent: Friday, September 15, 2006 4:28 PM To: 'Keith Zayac' Subject: RE: FLD2006-07044 - 1721 Gulf to Bay Blvd. Keith - In my haste to get the agenda out I may have misread your email below and advertised a reduction to the foundation landscape width from five to three feet; but, I can change it later and say that you are complying with the Code requirement. As for getting the revised plans, if you could by the end of Tuesday next week that would be fine. Wayne -----Original Message----- From: Keith Zayac [mailto:keith@keithzayac.com] Sent: Thursday, September 14, 2006 1:59 PM To: Wells, Wayne Subject: Re: FLD2006-07044 - 1721 Gulf to Bay Blvd. The interior landscaping after reducing the areas requested comes to 5538 sf or 11% The client agreed to increase the 3 ft wide north foundation planter from 3 ft to 5 ft. Let me know when you need our revised plans. Thanks Wayne! Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- Original Message ----- From: <Wayne.Wells@myClearwater.com> To: <keith@keithzayac.com> Sent: Thursday, September 14, 2006 11:00 AM Subject: FLD2006-07044 - 1721 Gulf to Bay Blvd. Keith - I am attaching the comments still outstanding as of today. I need you to respond to the following from the attachment (revised plans can be submitted later than today but see the last paragraph below - which is more critical): Fire: Show the fire hydrant on the plans now. Landscaping: 1 - a. For interior landscaping, I cannot count the triangular sliver on the west side adjacent to the gas station (remove the sliver as interior landscaping). b. I also cannot count all of the area south of West Marine (within the retention pond) - only can count five feet from the curbing. Revise the interior landscape shading from this area. C. Need to plant the area on the south side of parking west of the proposed office building to qualify as interior landscaping (fill in this area with shrubs and groundcover. 1 d. Need to plant the with trees that meet (only maybe 4-5 feet e. Recalculate the t, of the vehicular use • terminal island at the northwest corner INOwest Marine Code. The existing Florida royal palms are too small CTH). Dtal interior landscape area. If less than 10 percent area, need to include a reduction to this requirement. 2 & 3 - Change the palms to accent trees. 4. Address. Traffic Engineering: 1.7 - Address re existing truck well. Planning: 3. Address 4. Address 8. Address Keith - I am trying to place this item on the next CDB agenda, so I need at least a quick turnaround time for Traffic Engineering #1.7 and Landscaping #l.a, #l.b, #1.e and #4 (potentially by 2 pm). You might need to contact Scott Rice (562-4781) to find out what he is comfortable with as a response. Call me if you have any questions. Wayne <<dre action agenda as of 9.14.06.pdf>> 2 Wells, Wayne From: Keith Zayac [keith@keithzayac.com] Sent: Thursday, September 14, 2006 1:40 PM To: Wells, Wayne Subject: Re: FLD2006-07044 - 1721 Gulf to Bay Blvd. Here is a response that I hope addresses the comments: Fire - I spoke with the reviewer yesterday and we agreed to add an additional fire hydrant along Duncan and he agreed to make that a condition prior to building permit approval. we have verified that there is a water line along our side of Duncan and can show on the plans now if necessary. Landscaping - la & b. - The two areas will be removed. c. - The area will be planted with additional giant liriope. d. - The palms will be removed and a Drake Elm added conforming to code. e. - After removal of the above areas from the interior open space the area is recalculated to **** sf or **% 2&3 - The palms will be revised to Crape Myrtles 4. - The landscaping and interior landscape shading are removed from this area as submitted Traffic Engineering: 1.7 - A auto turn detail is shown on the site plan delineating the backup and turning movements of a delivery truck. Planning: 3. The color, material and dimension information shown on the reductions will be added to the full size plans. 4. The existing signage will be field verified and shown on the plans. 8. The dumpster enclosure is called out on the site plan to be the same material as the new building. Landscaping Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727-793-9888 phone 727-793-9855 fax ----- original Message ----- From: <Wayne.Wells@myClearwater.com> To: <keith@keithzayac.com> Sent: Thursday, September 14, 2006 11:00 AM Subject: FLD2006-07044 - 1721 Gulf to Bay Blvd. Keith - I am attaching the comments still outstanding as of today. I need you to 1 aw ? 0 respond to the following from the attachment (revised plans co be submitted later than today but see the last paragraph below - which is more critical): Fire: Show the fire hydrant on the plans now. Landscaping: 1 - a. For interior landscaping, I cannot count the triangular sliver on the west side adjacent to the gas station (remove the sliver as interior landscaping). b. I also cannot count all of the area south of West Marine (within the retention pond) - only can count five feet from the curbing. Revise the interior landscape shading from this area. c. Need to plant the area on the south side of parking west of the proposed office building to qualify as interior landscaping (fill in this area with shrubs and groundcover. d. Need to plant the terminal island at the northwest corner of West Marine with trees that meet Code. The existing Florida royal palms are too small (only maybe 4-5 feet CTH). e. Recalculate the total interior landscape area. If less than 10 percent of the vehicular use area, need to include a reduction to this requirement. 2 & 3 - Change the palms to accent trees. 4. Address. Traffic Engineering: 1.7 - Address re existing truck well. Planning: 3. Address 4. Address 8. Address Keith - I am trying to place this item on the next CDB agenda, so I need at least a quick turnaround time for Traffic Engineering #1.7 and Landscaping #l.a, #1.b, #l.e and #4 (potentially by 2 pm). You might need to contact Scott Rice (562-4781) to find out what he is comfortable with as a response. Call me if you have any questions. Wayne <<dre action agenda as of 9.14.06.pdf>> 2 • • Wells; Wayne From: Wells, Wayne Sent: Thursday, September 14, 2006 11:01 AM To: Keith Zayac (E-mail) Subject: FLD2006-07044 - 1721 Gulf to Bay Blvd. Keith - I am attaching the comments still outstanding as of today. I need you to respond to the following from the attachment (revised plans can be submitted later than today but see the last paragraph below - which is more critical): Fire: Show the fire hydrant on the plans now. Landscaping: 1 - a. For interior landscaping, I cannot count the triangular sliver on the west side adjacent to the gas station (remove the sliver as interior landscaping). b. I also cannot count all of the area south of West Marine (within the retention pond) - only can count five feet from the curbing. Revise the interior landscape shading from this area. c. Need to plant the area on the south side of parking west of the proposed office building to qualify as interior landscaping (fill in this area with shrubs and groundcover. d. Need to plant the terminal island at the northwest corner of West Marine with trees that meet Code. The existing Florida royal palms are too small (only maybe 4-5 feet CTH). e. Recalculate the total interior landscape area. If less than 10 percent of the vehicular use area, need to include a reduction to this requirement. 2 & 3 - Change the palms to accent trees. 4. Address. Traffic Engineering: 1.7 - Address re existing truck well. Planning: 3. Address 4. Address 8. Address Keith - I am trying to place this item on the next CDB agenda, so I need at least a quick turnaround time for Traffic Engineering #1.7 and Landscaping #1.a, #1.b, #1.e and #4 (potentially by 2 pm). You might need to contact Scott Rice (562-4781) to find out what he is comfortable with as a response. Call me if you have any questions. Wayne dre action agenda as of 9.14.0... _ __ • Dec 2:40 m Case Number: FLD2006 070 1721 GULF TO BAY BLVD P Owner(s): P B P Clearwater Llc 685 Main St Ste A Safety Harbor, F134695 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Abdi Boozar-Jomehri le V4.06 685 Main Street Saftey Harbor, F134695 TELEPHONE: 727-725-2550, FAX: 727-725-2317, E-MAIL: pcti@pilotconstruction.com Location: 2.49 acres located on the south side of Gulf to Bay Boulevard between Duncan and Plumosa Avenues. Atlas Page: 297B Zoning District: C, Commercial Request: Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to 7.2 feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to xx feet (to roof deck) and a reduction to required parking from 193 spaces to 105 spaces, as a Comprehensive Infill Redevelopment Project, under the provisisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement) and a reduction to the required foundation landscape area along the north side of West Marine from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Offices Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Skycrest Neighbors Association(s): Clearwater, Fl 33755 121 N Crest Avenue TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Jim Keller, Rick Albee Applicant: Abdi Boozar-Jomehri, Keith Zayac The DRC reviewed this application with the following comments: General Engineering: No Comments Environmental: No Comments Fire: 1 , Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and on same side of street as building. PRIOR TO CDB 8/21/2006 9/13/2006 Per conversation with Mr. Keith Zayac hydrant will be added prior to building plans. (JFK) Harbor Master: No Comments Legal: No Comments Land Resources: Development Review Agenda - Thursday, August 31, 2006 - Page 46 1 . 8/14/06-The tree survey is incomplete, show tree #9 and 58 on the appropriate plans prior to CDB. 9/13/06- Show tree #9 and 58 on the appropriate plans prior to building permit. 2. 8/14/06-Apply your arborist recommendations as they relate to trees 1-11 and 58-63 if not already addressed. Revise prior to CDB. 9/16/06-The arborist's recommendations were not adheared to as they relate to some of the trees. Revise all plans prior to building permit. Landscaping: 1 . 9/14/06 - WW No discussion occurred regarding the applicability of interior landscape area now indicated. Some areas still do not qualify and other areas are not planted in accordance with the requirements. Not all of area south of West Marine can be counted as it is a retention area. Revise and recalculate interior landscape area. 8/23/06 - WW Sheet 4 - Revise areas shown for interior landscape area. Cannot count areas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-1202.E.1. Revise Sheets 4 and 7. 2. 9/14/06 - WW After consultation with Rick Albee with photos of the south side of the property, include a condition of approval to require accent trees along south side of proposed office building. 8/23/06 - WW Shade trees cannot be planted within 20 feet of overhead utilities. There exists overhead utilities along Duncan Avenue, along the south property line adjacent to the proposed office building and along Plumosa Avenue (although next to curb). a. Change to accent trees along Duncan Avenue (two accent trees = one shade tree). b. Suggest changing from palms to accent trees along south property line adjacent to proposed building (possibly crape myrtle; two accent trees = one shade tree). 3. 9/14/06 - WW Palms need to be changed to accent trees. Planting area on the south side of the building is still inadequate due to requested reduction to required setback. 8/23/06 - WW It is questionable that the shrubs and palm trees proposed along the south side of the building will be able to be planted, since there is an existing (to be retained) 24-inch drainage outfall pipe within this area. Provide a cross-section through this area showing the location of this pipe in relation to the proposed ground elevation, considering the root balls for the proposed shrubs and trees to be planted, and the fact there will be a building foundation and there is a retaining wall along the property line. 4. Need to dimension the width of the proposed foundation landscape area on the north side of the existing West Marine building and the width of the sidewalk (minimum by Code is five feet wide). Minimum width of sidewalk for handicap accessibility/accessible route is 44-inches. Any reduction below the minimum width of the foundation landscape area needs to be part of the request. Need to plant the foundation landscape area per Code. Parks and Recreation: No Comments Stormwater: 1 . The following conditions are to be met prior to issuance of a building permit: 1) Provide a copy of the SWFWMD permit 2) Provide soil boring,percolation test and seasonal high water table elevation with drainage calculation analysis. 3) Provide 2 cross sections through the retention pond (east to west and north to south) and provide a stage storage chart showing the pond can hold 12,250 cubic feet of runoff with 6 inches of freeboard. 4) Show on the plan view the outline of the top of bank and the toe of the pond. Development Review Agenda - Thursday, August 31, 2006 - Page 47 Solid Waste: 1 . Linsufficient Solid Waste service suggest double enclosure 2.relocate Dumpster enclosure unable to turn truck around as shown 3.Dumpster enclosure will need to be brought up to code 4.include Dumpster specfication sheet on detail page 5.Cardboard Dumpster needs to be enclosed (not shown on plans) Traffic Engineering: 1 . 1. The traffic signal box shown in the western driveway cannot be exposed to vehicular contact due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (727)562-4750 to consider the re-locating the traffic signal box and loop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to the ATMS. 9/8/06 - BOX AND LOOP DETECTORS TO BE RELOCATED AT APPLICANT'S EXPENSE. 2. Stop bar with stop sign shall be 4-feet back from back edge of sidewalk or crosswalk. 9/8/06 - MET 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2. (1) of the Florida Building Code Ch. 11. 9/8/06 - MET - MAY NEED ADDITIONAL ACCESS FROM OFFICE BUILDING TO PUBLIC SIDEWALK ALONG DUNCAN AVENUE AT BUILDING PERMIT. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119. 9/8/06 - MET 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5-feet long. 9/8/06 - BACK UP AREA PROVIDED. 6. Provide offstreet loading space for proposed office building in accordance with Community Development Code Section 3-1406.B.1.9/8/06 - MET 7. How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? 9/8/06 - NO RESPONSE. All of the above to be addressed prior to CDB. General Note(s): 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda - Thursday, August 31, 2006 - Page 48 9/14/06 - WW i • Comprehensive Sign Program (CSP) SGN2005-09006 was approved on November 9, 2005. CSP will need to be amended for revised location of signage on Duncan Avenue and for attached signage. 8/1/06 - WW Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd to be located within the visibility triangle. 2. 9/14/06 - WW Include a condition of approval requiring vacation of the easement prior to the issuance of any permits. 8/23/06 - WW There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within but a small area of this easement. Either revise plans to provide vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). 3. 9/14/06 - WW Sections 3-1204.D and F require curbing and wheel stops to protect landscape areas and not permit vehicles to overhang any required landscape area. Add a condition that will require the installation of wheel stops in all appropriate locations. 8/23/06 - WW Wheel stops required for all parking spaces that abut landscape areas and sidewalks. 4. 9/14/06 - WW Sheet 3 still indicates sign on Duncan to be removed and relocated. Either it will be removed or it will be relocated to a new location that needs to be shown. This sign was part of the Comprehensive Sign Program (CSP) SGN2005-09006. To relocate sign, will need to amend the CSP. Revise. 8/23/06 - WW Demolition Plan Sheet 3 states that the existing West Marine sign on Duncan Avenue will be relocated, but Sheet 4 does not show where the location of the relocated sign. Revise. 5 . 9/14/06 & 8/23/06 - WW The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to find a replacement tenant, unless additional off-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. 6. 9/14/06 - WW South side of the building is bland. 8/23/06 - WW The proposed building does not comply with the Comprehensive Infill Redevelopment Project criteria, which are: 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: * Changes in horizontal building planes; * Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; * Variety in materials, colors and textures; * Distinctive fenestration patterns; * Building stepbacks; and * Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the facade with the primary facade feature as a differentiation of color of cubes. Proposed "yellow" color is too vivid. Staff is not supportive of the design of the proposed building. Development Review Agenda - Thursday, August 31, 2006 - Page 49 1 l ? • 7. 9/14/06 & 8/23/06W Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the provision of perimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking, even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". 8 . Proposed double dumpster enclosure interferes with the existing transformer. Is the transformer being relocated and, if so, to where? Revise. Other: No Comments Notes: It was determined that this may need to come back to DRC. Applicant to talk with client and owner and let us know of progress. Development Review Agenda - Thursday, August 31, 2006 - Page 50 C. t Keith Zayac & Associates, Inc. Civil Engineering, Landscape Architecture, Planning Mr. Wayne Wells City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2006-07044 -1721 GULF TO BAY BLVD Dear Mr. Wells: 701 S. Enterprise Road E., Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax keith@keithzUac.com EB 9351 LC26000212 ORIGINAL RECEIVED SEP 08 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Enclosed please find 15 sets of information addressing comments received from DRC meeting including the following items: 1. Prior to issuance of a building permit: 1. Should 2 "fire service line be shown as a 6" line between DDCVA and building? Correct plan as needed. 2. Contractor shall obtain an easement inspection by Engineering Department for the 10 foot easement on south property line prior to concrete pour of foundation. To schedule an inspection, please call the Building Department's 24-Hour Call in Inspection line at 727-562-4580. The type of inspection will be a "006" (easement inspection). Contractor shall have staked out easement and adjacent property line prior to this inspection. 3. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be installed at least I S feet from the face of building. 4. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be located no further than 40 feet from the nearest Fire Hydrant Assembly (FHA). 5. Fire Hydrant Setting detail is dated. Please use current City of Clearwater Contract Specifications and Standards Index # 402, pg. 2 of 4 or pg. 4 of 4 as applies to this project. 6 Add City index # 109 to plans. Sidewalks and sidewalk ramps adjacent to or a part of the project shall be designed and constructed consistent with City of Clearwater Contract Specifications and Standards Index # 109, including the A.D.A. (Truncated domes per D.O.T. Index # 304) 0 0 7. Provide rim and invert elevations for existing manhole in Duncan Drive. If drop greater than 2 fett applicant shall also include City of Clearwater Contract Specifications and Standards index # 302 pg. 3 of 3, Inside Drop Detail. 8. Applicant shall provide a copy of an approved D.E.P. permit for the installation of the sanitary sewer extension. 9. Provide a copy of an approved health permit for the installation of the domestic water main prior to issuance of a building permit. The health permit application form(s) can be found at: www. dep. stated, us/water/drinkingwater/forms. htm 10. Add City index # 305 to plans. Applicant shall provide a double sweep clean-out at the end of the lateral as shown on City of Clearwater Contract Specifications and Standards Index # 305, pg 1 of 3. Comments 1-10 will be addressed prior to building department approval as noted. Prior to issuance of a certificate of occupancy: 11. Applicant shall submit 5 sets of as-built drawings that are signed and sealed by a professional engineer registered in the State of Florida. Public Works /Engineering will field inspect as-built drawings for accuracy. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity andpressure requirements andlor wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Comment 11 will be addressed prior to c.o. as noted. 0 0 Environmental: 1. No Issues Fire: 1. An automatic Class I standpipe system with a Fire Pump is required. Not Manual as stated, 100psi at roof is required. Fire Pump to be located above BFE, PRIOR TO CBD. Note added to plans. 2. FDC is required for new building, and shall be minimum of 15' from building and shall have afire hydrant within 40'. Hydrant shall not be located on same main Fire Sprinkler and must be on supply side of double detector check valve. The relocation of the Fire Department Connection from the 1 story commercial building shall not go into the location that is shown keep it 15' from the building and within 40' of Hydrant. Acknowledge PRIOR TO CDB. The relocated FDC and new FDC have been added to a planting island meeting the 15 ft and 40 ft requirement. 3. K%ere underground water mains and hydrants are to be installed they shall be installed, completed, and in service prior to construction as per NFPA-241. A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. Required Standpipe Systems shall be in place before construction can proceed to the next level. Please acknowledge PRIOR TO CBD. Note added to plan. 4. Show location of the fire hydrant for fire fighting use. Must be within 300' of building as hose lays on same side of street as building. PRIOR TO CBD. The hydrant is shown on the grading/drainage and utility plan. Harbor Master: 1. No Issues Legal: 1. No Issues Land Resources: 1. The tree survey is incomplete; show tree #9 and 58 on the appropriate plans prior to CDB. 0 0 2. Apply your arborist recommendations as they relate to trees I-11 and 58- 63 if not already addressed. Revise prior to CDB. Per discussion at DRC trees 9 & 58 are shown on tree inventory. Arborist recommendations will be follows as requested during construction. Landscaping: 1. Sheet 4 - Revise areas shown for interior landscaping area. Cannot count areas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-12-2.E.1. Revise Sheets 4 and 7 Interior landscape areas have been revised and recalculated. 2. Need to upgrade perimeter buffers with planting (trees, shrubs, & groundcovers) to meet Code requirements. Addition plant material has been added to perimeter buffers as discussed. 3. Sheet 7 - Foundation landscaping and portion of perimeter buffer along Plumosa Avenue side could be combined and expanded with tiered plantings. Need to discuss. The landscaping along Plumosa Ave. has been revised to a tiered design and additional trees added. 4. The landscape island northeast of the proposed office building and west of West Marine, that will have relocated DCVA, fire hydrant, and FDC, appears that landscaping in the eastern half of this island will be severely restricted due to the fire hydrant and FDC clear area requirements for this half to be counted toward interior landscaping. Remove the eastern half from interior landscape calculations. The eastern half has been removed from the landscape calculations. 5. Shade trees cannot be planted within 20 feet of overhead utilities. There exists overhead utilities along Duncan Avenue, along the south property line adjacent to the proposed office building and along Plumosa Avenue (although next to curb). 0 0 a. Change to accent trees along Duncan Avenue (two accent trees = one shade tree). b. Suggest changing from palms to accent trees along south property line adjacent to proposed building (possibly crape myrtle; two accent trees = one shade tree). Accent trees have been substituted along Duncan Avenue. A smaller variety of palms and shrubs have been added along the south side of the building. 6 Sheet 7 - Plan shows both an existing hedge along Gulf to Bay Blvd, and that is also a proposed hedge with viburnum shrubs. Site inspection shows them to be existing. While Staff prefers the provision of the required buffer along Gulf to Bay Blvd., if the applicant can't or doesn't want to provide such, then a minimum, prefer the hedge proposed along Gulf to Bay Blvd to be moved to be adjacent to the parking lot and provide a tiered landscaping of other shrubs and groundcover in front of the hedge. The hedge is identified as existing but also quantified as requested in completeness comments. The hedge is augmented with groundcover plants for a tiered effect. 7. Comprehensive Landscape Program criteria # I response: It is noted that foundation landscaping for the existing West Marine building is only required on the north and east sides of the building (first sentence asserts it is required on all sides). The assertion in the second sentence that the buffers along Plumosa Avenue and Gulf to bay Blvd have been significantly increases is in error, as there is not proposal to remove asphalt in these areas. Additional landscaping is not proposed to these areas, and the existing is "minimum " and not demonstrably more attractive than the minimum requirements. It is also noted that the faVade of the West Marine building along Plumosa is referred to the "rear" of the building. A more correct statement would be that it is a side of the building fronting on Plumosa Avenue (it may not have an entrance, but it still fronts on the street). It is also noted that the trees and shrubs required along the south side of the proposed office building is the minimum required, and not much more could be placed along this side as the proposal includes a setback reduction to have the building at a five- foot side setback rather than the required 10 foot setback Response has been revised as requested. 8. It is questionable that the shrubs and palm trees proposed along the south side of the building will be able to be planted, since there is an existing (to be retained) 24-inch drainage outfall pipe within this area. Provide a cross-section through this area showing the location of this pipe in • • relation to the proposed ground elevation, considering the root balls for the proposed shrubs and trees to be planted, and the fact there will be a building foundation and there is a retaining wall along the property line. The palm trees and shrubs have been revised to a smaller variety which will survive within a reduced soil condition. 9. Comprehensive Landscape Program criteria # 3 response: Staff does not agree that the landscaping proposed is "enhanced" but rather minimum and not demonstrably more attractive. Landscape plan has been revised to add additional plant material, revise landscaping along Plumosa and add a foundation planting area along the north face of the West Marine building. 10. Comprehensive Landscape Program criteria # 4 response: See comments under criteria # 1 relating to foundation landscaping, perimeter buffers and interior landscaping. Response has been revised as requested. Parks and Recreation: 1. No issues -project is 2.49 acres but increase to building coverage is only 29% Stormwater: 1. The following conditions are to be met prior to issuance of a building permit: 1) Provide a copy of the SWFWMD permit 2) Provide soil boring, percolation test and seasonal high water table elevation with drainage calculation analysis. 3) Provide 2 cross sections through the retention pond (east to west and north to south) and provide a stage storage chart showing the pond can hold 12, 250 cubic feet of runoff with 6 inches of freeboard. 4) Show on the plan view the outline of the top of bank and the toe of the pond. Comment 1 will be addressed prior to issuance of a building permit. Solid Waste: 1. 1. insufficient Solid Waste service suggest double enclosure. 2. relocated Dumpster enclosure unable to turn truck around as shown. 3. Dumpster enclosure will need to be brought up to code. 4. include Dumpster specification sheet on detail page. 5. Cardboard Dumpster needs to be enclosed (not shown on plans) The dumpster enclosed has been relocated and revised to a dual enclosure. City detail has been added to plans. • • Traffic Engineering: 1. 1. The traffic signal box shown in the western driveway cannot be exposed to vehicular contact due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (72 7) 562-4750 to consider the re-locating the traffic signal box and lop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to the ATMS. The traffic signal box and loops are called out on the site plan to be relocated. 2. Stop bar with stop sign shall be 4 -feet backfrom back edge of sidewalk or crosswalk Stop bar and sign have been moved to 4-feet behind sidewalk. 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2. (1) of the Florida Building Code Ch. 11. An ADA path has been provided between the office and West Marine that connects to the existing path to Plumosa. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119. The handicap spaces have been revised to comply with City code. 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5 feet long. Two spaces have been removed from the end to provide an adequate turn around. 6 Provide offstreet loading space for proposed office building in accordance with Community Development Code Section 3-1406R 1. An additional loading space has been added to the east side of the office building. 7. How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? An Auto-turn detail has been added to the plans. E E Planning: 1. Delineate and dimension all required perimeter landscape buffers. The buffers have been delineated and dimensioned. 2. Building elevations indicate canopies over the doorways on the east and west sides of the proposed building. These canopies are not indicated on the site plans. Revise. Canopies have been added. Additionally, since these canopies are over exits from the stairwells, there must be a sidewalk at least 4-inches in width from these doorways (required egresses) to other sidewalks or pavement. Revise. Sidewalks have been added. 3. Building elevations: a. Plans need to indicate the color and material of exterior of the building and building elements (need to state on the elevations the material and color of the different building features in black and white); and b. Building height is apparently dimensioned to the peak of the angled parapet in the center of the building elevations. Plans need to dimension the height of the building to the top of the roof deck (since it is a flat roqj), the height of the parapets generally and the height of the angled parapets in the center of the building elevations. (Note: The building heights need to placed on the large scale drawings. Presently they are shown on the 8.5 " x 11 " drawings) Building elevations have been revised as requested. 4. Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd. to be located within the visibility triangle. The sign along Gulf to Bay has been moved to current location out of visibility triangle. 5. There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). The easement is no longer used and will be vacated per note added to plan. 6 Based on the shared parking formula of Section 3-1405, the required number of parking spaces is 167. The reduction to required parking is from 167 spaces to 105 spaces (a 37.1 percent reduction). Insert Shared Parking Formula onto plans and revise calculations and request. The formula has been added to the site plan. 7. All on-site utilities must be underground. Any existing above ground utilities on-site must be buried. Note has been added to site plan. 8. Exterior of the dumpster enclosure must be finished with material and be of the same color of the principal building (may need to pick one). Note has been added to site plan. 9. Site inspection and photos submitted show the handicap parking spaces on the north side of West Marine different than what is indicated on the plans. Revise. Parking has been revised to show the handicapped parking spaces on the east side. 10. Dimension the existing parking areas (drive aisle widths and parking stall lengths). Dimensions have been added. 11. Wheel stops required for all parking spaces that abut landscape areas and sidewalks. Wheel stops have been added along sidewalks, and curbing is shown along all landscaped areas. 12. Demolition Plan Sheet 3 states that the existing West Marine sign on Duncan Avenue will be relocated, but Sheet 4 does not show where the location of the relocated sign. Revise. The sign is proposed to be removed completely. 13. The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), 0 0 as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to find a replacement tenant, unless additional q f, j`-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. Additional language has been added to attachments discussing a recordable document provided to restrict usage and parking usage for the project. 14. There have been amendments to the Comprehensive Infill Redevelopment Project criteria. The application submitted is not up to date with the new criteria. Need to update the application form and address the new Flexibility criteria. An updated application and attachments is enclosed 15. The proposed building does not comply with the Comprehensive Infill Redevelopment Project criteria, which are: 6 Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: *Changes in horizontal building planes; *Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; *Variety in materials, colors, and textures; *Distinctive fenestration patterns; *Building stepbacks; and *Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the fagade with the primary fagade feature as a differentiation of color of cubes. Proposed "yellow " color is too vivid. Staff is not supportive of the design of the proposed building. 0 0 Based on your meeting with the architect, the enclosed elevations have been revised to include the elements requested. In addition, the color has been revised. 16 Proposed building scheme: There are three primary building colors (walls, " field finish " and accent finish). It is unclear what these colors are (not named). Additionally, the building elevations only have two primary building colors illustrated. Unclear where some of the colors are proposed. Revise the 8.5 " X 11 " color scheme and colored building elevations. The color reductions have been revised to label the colors and add additional colors. 17. Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case, the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the provision ofperimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking, even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". The plans have been revised to add additional landscape improvements, and a revised building design. 18. Within the office building proposed at only five feet to the south property line, the Building Code will limit the percentage of openings on the south side of the building (Building Code sets restricts the size of openings when the proposed setback is zero to three feet, three feet to 10 feet and over ten feet). Need to check with the Building Plans Reviews as to the maximum allowable openings and revise the elevation as required, in order to portray an accurate picture to the CDB. The architectural plans have been revised by the architect after reviewing appropriate fire codes. 0 0 19. General Applicability criteria # 1 response: You state "Each property with the exception of the office condominium development, and possibly the convenience store, is a prime candidate for redevelopment and would not justify setting a standard to be in harmony with our proposal. " Unclear as to its meaning as to "setting a standard to be in harmony with our proposal. " The proposal does not upgrade the site to current standards and the proposal includes a set back reduction for a four-story office building down to five feet. Are you trying to state that since the other surrounding properties don't meet Code that this proposal shouldn't? Provide justification as to how this proposed building is in harmony with the bulk and scale of adjacent properties. 20. General Applicability criteria # 2 response: You state, "The development does not contain any site or building improvements that would physically hinder or discourage development to the surrounding properties. " This may be true, but there is also no upgrading of this proposal to current standards to comply with the intent of the Code. It is also noted that hurricane standard windows are required whether you would be proposing a one or four-story building (and/or replacing windows in an existing building). Revise response. Response Revised 21. General Applicability criteria # 4 response: It is noted that adequate parking is based solely on the existing characteristics of West Marine. Should West Marine leave the existing building in the future for any reason, any future tenant would need to have similar characteristics, or inadequate parking may be an issue. Response Revised 22. General Applicability criteria # 6 response: You state that mechanical equipment will be on the roof and shielded by a decorative parapet. Based on the building elevations and associated notes, the parapet is only four inches high, which will be insufficient to shield views of the rooftop mechanical equipment. Need to revise the statement and/or revise the building elevations. Response Revised 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, August 28, 2006 6:49 PM To: 'pcti@pilotconstruction.com' Cc: Keith Zayac (E-mail) Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Abdi - Attached are the Draft comments for the August 31, 2006, DRC meeting to be held at 2:40 pm in our offices. Wayne "'T draft 8.31.06 dre action agend... C, Wells, Wayne From: Wells, Wayne Sent: Monday, August 28, 2006 6:54 PM To: 'pcti@pilotconstruction.com' Cc: Keith Zayac (E-mail) Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Abdi - I meant to also send you the Shared Parking Formula I did for your project for your use. Wayne In Shared Parking Formula.xls } 0 CITY OF CLEIPRWATER ClearWatef PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W .MYCLEARWATER. COM August 08, 2006 Abdi Boozar-Jomehri 685 Main Street Suite A Saftey Harbor, Fl 34695 RE: FLD2006-07044 -- 1721 GULF TO BAY BLVD -- Letter of Completeness Dear Abdi Boozar-Jomehri : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2006-07044. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on August 31, 2006, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myclearwater.com. Sincerely yours, Wayne ells, AICP Planner III Letter of Completeness - FLD2006-07044 - 1 721 GULF TO BAYBLVD 0 • Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 08, 2006 3:43 PM To: 'pcti@pilotconstruction.com' Cc: Keith Zayac (E-mail) Subject: FLD2006-07044, 1721 Gulf to Bay Blvd. Abdi - Attached is a Letter of Completeness for the above referenced project. The original letter is being mailed. Wayne letter of repleteness 8.8.06.. . Y • Keith Zayac & Associates, Inc. Civil Engineering, Landscape Architecture, Planning August 8, 2006 Mr. Wayne Wells City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 RE: FLD2006-07044 -1721 GULF TO BAY BLVD Dear Mr. Wells: 1. One signed and 14 copies of the survey are enclosed. ORIGINAL RECEIVED ALIIG 0 S 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 2. The civil plans are revised to enhance the existing site development so they are more legible. 3. One additional CD of the traffic study is enclosed. 4. Sight visibility triangles have been added to Gulf to Bay and the intersection of Gulf to Bay and Plumosa Avenue. 5. The interior landscaping has been depicted by shading. 6. The landscape plan has been modified to show the existing landscaping and proposed landscaping for the entire parcel. 7. Reductions of the plans referenced in item 2 are enclosed. 8. Lot line bearings and distances have been enhanced on the site plan. 9. The width of the existing driveway on Gulf to Bay Boulevard has been added. 10. The landscape buffers have been dimensioned. 11. The landscape islands have been dimensioned. 12. A Comprehensive Landscape Program application and attachments has been added. 13. The canopy has been added to the civil plan. is 701 S. Enterprise Road E., Ste 404 Safety Harbor, FL 34695 (727) 793-9888 Phone (727) 793-9855 Fax keith@,keithzayac. corn EB 9351 LC26000212 14. The building elevations have been revised to show color and materials and dimensioned to the roof deck. 15. The free standing signs have been added to the site and landscape plans. In addition a note has been added to the site plan calling for signage to be brought into compliance with current code. 16. Photographs of the existing building have been added. ORIGINAL RECEIVED AJG 0 8 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Keith Zayac & Associates, Inc. Clearwater August 01, 2006 Abdi Boozar-Jomehri 685 Main Street Suite A Saftey Harbor, F134695 • CITY OF CLERRWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W . MYCLEARWATER. C OM RE: FLD2006-07044 -- 1721 GULF TO BAY BLVD -- Letter of Incompleteness Dear Abdi Boozar-Jomehri : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2006-07044. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. One signed and sealed boundary survey was submitted; however, copies are not included in the other 14 packets. Submit copies. A topographic survey has been submitted; however, it is not signed and sealed. Revise. 2. Proposal is to modify the site by adding an additional use; however, the entire site will be reviewed. Civil plans are hard to read with most of the site "gray". Need to make the gray black so the entire civil plans can be read. Revise. 3. One computer disk of the Traffic Study was submitted. Need one additional copy for the Planning Department case file. 4. Sight visibility triangles must be shown on both sides of the existing driveway on Gulf to Bay Boulevard and at the intersection of Gulf to Bay Blvd and Plumosa Avenue. 5. Depict by shading or crosshatching all required parking lot interior landscaped areas (cannot count foundation landscape areas or perimeter buffers as interior landscape area). 6. Pursuant to Section 3-1202.A.3, the value of the improvements on this property will exceed 25% of the value of the existing West Marine building per the Pinellas County Property Appraiser. As such, the parking lot must be brought into full compliance with Code requirements for landscaping. Need to show the existing and proposed landscaping of the entire site, not just the "affected" area of the new building/modified parking. Show existing landscape materials and improve/augment/upgrade where necessary/required. 7. Consistent with the prior comment above ("Proposal is to modify the site by adding an additional use; however, the entire site will be reviewed. Civil plans are hard to read with most of the site "gray". Need to make the gray black so the entire civil plans can be read. Revise.") the reduced 8.5"x11" colored site plan and landscape plan are only readable for the "black" areas. Once the gray areas are made black, make new reduced copies for submission. 8. Provide lot line dimensions on the site plan sheets. 9. Dimension the width of the existing driveway on Gulf to Bay Boulevard. 10. Delineate and dimension all required perimeter landscape buffers. 11. Dimension width of all landscaping islands. Lefler of hicompleteness - FLD2006-07044 - 1721 GULF TO BAY BLVD 0 CITY OF CLERRWATER Clearwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER. COM August 01, 2006 12. Submit a COMPREHENSIVE LANDSCAPE PROGRAM application, as required buffers and foundation landscaping requirements are not being met (potentially interior landscaping also). Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 13. Building elevations indicate canopies over the doorways of the proposed building. These canopies are not indicated on the site plans. Revise. 14. Building elevations: a. Plans need to indicate the color and material of exterior of the building and building elements (submit also color samples/chips of the proposed exterior building colors); and b. Building height is apparently dimensioned to the peak of the angled parapet in the center of the building elevations. Plans need to dimension the height of the building to the top of the roof deck (since it is a flat roof), the height of the parapets generally and the height of the angled parapets in the center of the building elevations. 15. Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). 16. Building elevations - While there are no improvements proposed to the existing West Marine building, need to submit at least color photographs of all sides of the building in lieu of elevation plans (include photographs of existing attached signage). Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by noon on Monday, August 7, 2006. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, w M. kA& Wa e Wells Planner III Letter of Incompleteness - FLD2000-07044 -1721 GULF TO BAY BLVD Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 01, 2006 2:58 PM To: 'pcti@pilotconstruction.com' Cc: Keith Zayac (E-mail) Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Abdi - Attached is a Letter of Incompleteness for the above referenced project. The original letter is being mailed to you. Wayne Wells letter of completeness 8.1.0, r Page 1 of 1 Wells, Wayne From: nicholas fritsch [nfritsch@tampabay.rr.com] Sent: Thursday, November 16, 2006 1:59 PM To: Wells, Wayne Subject: 1721 GtB Nice job. My 2 conerns in this was the arch. appearance of a warehouse or factory towering above a residential area to the south and the parking. You got them both fixed. Nick 11/16/2006 CDB Meeting Date: November 21, 2006 ORIGINAL Case Number: FLD2006-07044 Agenda Item: DI Owner: PBP of Clearwater, LLC Applicant: Pilot Construction Technology, Inc. Representative: Abdi R. Boozar-Jomehri Address: 1721 Gulf to Bay Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT FUTURE LAND Commercial General (CG) USE CATEGORY: PROPERTY USE: Current Use: Retail sales and services (West Marine) Proposed Use: Offices, in addition to retail sales and services (West Marine) Community Development Board - November 21, 2006 FLD2006-07044 - Page 1 of 12 EXISTING North: Commercial (C) District Retail sales and SURROUNDING ZONING services; Problematic AND USES: use; Offices South: Commercial (C) and Office (O) Districts Offices East: Commercial (C) and Medium Density Motel; Detached Residential (MDR) Districts dwellings West: Commercial (C) District Retail sales and services (shopping center) UPDATE: At their meeting on October 17, 2006, the Community Development Board (CDB) continued this application, at the applicant's request, to the November 21, 2006, agenda in order to address issues raised in the Staff Report. This Staff Report has been revised to reflect the current amended proposal. ANALYSIS: Site Location and Existing Conditions: The 2.49 acres is located on the south side of Gulf to Bay Boulevard between Plumosa and Duncan Avenues. It is currently developed with a 22,209 square-foot building for retail sales and services (West Marine). The property to the north is zoned Commercial (C) District and is currently developed with retail sales and services, a problematic use and offices. The property to the east is zoned Commercial (C) District and Medium Density Residential (MDR) District and is currently developed with a motel and detached dwellings respectively. The property to the south is zoned Commercial (C) and Office (O) Districts and is currently developed with an office complex. The property to the west is zoned Commercial (C) District and is currently developed with retail sales and services (shopping center). Development Proposal: The development proposal is to construct a four-story, 20,050 square-foot office building on the west side of the site where the parking lot exists today, in addition to the existing one-story, 22,209 square- foot retail sales and services building (West Marine). Offices are a permitted use within the Commercial (C) District, as well as retail sales and services. The project is being processed as a Comprehensive Infill Redevelopment Project due to the setbacks proposed with this proposal. Floor Area Ratio (F.A.R). Pursuant to the Countywide Future Land Use Plan, the maximum allowable F.A.R. for properties with a designation of Commercial General is 0.55. As such, the maximum development potential of the 2.49-acre parcel is 59,576.15 square feet. The existing one-story West Marine building is 22,209 square feet. The proposed four-story office building will be 20,050 square feet in size, which results in a total square footage of 42,259 square feet and a F.A.R. of 0.39. Based upon the above, the development proposal is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable F.A.R. Impervious Surface Ratio (I.S.R.): Pursuant to Sections 2-701.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The proposed I.S.R. is 0.78, which is consistent with the Code provisions. Minimum Lot Area: Pursuant to Table 2-704 of the Community Development Code, the minimum lot area for both retail sales and services and offices as a Flexible Development use is within a range between 3,500 and 10,000 square feet. The lot area of 108,320.28 square feet exceeds these minimum Code requirements. Community :Development Board - November 21, 2006 FLD2006-07044 - Page 2 of 12 Minimum Lot Width: Pursuant to Table 2-704 of the Community Development Code, the minimum lot width for both retail sales and services and offices as a Flexible Development use is within a range between 30 and 100 feet. Along Gulf to Bay Boulevard (north), the lot width is 281.74 feet. Along Plumosa Avenue (east), the lot width is 342.33 feet. Finally, along Duncan Avenue (west), the lot width is 131.76 feet. In all cases, the minimum lot width exceeds these minimum Code requirements. Minimum Setbacks: Pursuant to Table 2-704 of the Community Development Code, the minimum front setback requirement for both retail sales and services and offices ranges between 15 - 25 feet. The minimum side setback requirement for both uses ranges between 0 - 10 feet. The minimum rear setback requirement for both uses ranges between 10 - 20 feet. The proposal includes a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed building) and from 10 feet to seven feet (to existing pavement) and a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement). Since the proposed setbacks exceed those listed in Table 2-704, the request must be processed as a Comprehensive Infill Redevelopment Project. When properties are improved by the addition of a new use, the conversion of the existing use to a new use or the improvement of the existing use to an extent of 25 percent or more of the value of the building according to the Pinellas County Property Appraiser, the property must be brought into full compliance, including required setbacks, with the Parking and Loading Division and the Landscape/Tree Protection Division (Sections 3-1202.A.2 and.3 and Sections 3-1401.B.2 and.3). The applicant proposes to add a new office building to this site retaining most of the existing setbacks to pavement along the property lines, resulting in the requests to reduce setback requirements. Two primary areas where setback reductions to pavement are requested are along Gulf to Bay Boulevard and along Duncan Avenue (these reductions also affect the provision of required landscape buffers). Along Gulf to Bay Boulevard, that area west of the driveway exceeds the 15-foot setback to pavement that can be requested as a Level 1 (Flexible Standard Development) application; whereas the pavement area east of the driveway at its smallest dimension is 7.29 feet. The location of the existing West Marine building significantly affects the ability to provide the required setback to pavement. There are established trees within the existing setback/buffer area. The applicant will be enhancing the existing setback/buffer area along Gulf to Bay Boulevard with additional accent trees, shrubbery and groundcover. The applicant is relocating the driveway on Duncan Avenue from the south to the north side of the property, aligning the new driveway with the drive aisle on the north side of the proposed office building. On the north side of this proposed driveway, the setback to pavement is approximately 28 feet, exceeding the minimum requirement of 25 feet. On the south side of the driveway, the proposed setback/buffer ranges from a maximum of eight feet on the north side to a minimum of 5.5 feet on the south side. The minimum setback to pavement as a Level 1 request is 15 feet and the minimum buffer along Duncan Avenue is 10 feet. The proposed location of pavement (cutting back the existing pavement) along Duncan Avenue is greater than existing conditions, but is less than Code requirements. The location of the proposed building, which affects this proposed front setback/buffer is a function of the need to provide necessary truck maneuvering area for the existing truck well on the south side of West Marine, the provision of an additional, required loading space and required foundation landscaping on the west side of the proposed office building. While total compliance with required setbacks (to pavement) and buffers is not being achieved with this proposal, the applicant is upgrading the existing appearances along both roadways from a landscape standpoint. Community Development Board - November 21, 2006 FLD2006-07044 - Page 3 of 12 The applicant is requesting to reduce the required side setback along the south property line from 10 feet to 5.1 feet for the proposed office building. The prior proposal on the October 17, 2006, CDB agenda located the building at a five-foot side setback to the south property line. The design of the south side of the prior building on the October 17th agenda was based on erroneous information. Based on more accurate Building Code information, coupled with the relocation of the proposed building to a side setback of 5.1 feet, the appearance of the southern fagade of the building is no different than the other three sides (prior proposed southern fagade was markedly different, with fewer and smaller windows and more "blank" wall). These design modifications have produced dramatic changes to the point the concerns Planning Staff previously had are reversed where Staff is supportive of the proposed building design and location. There is setback reductions requested that are a result of existing conditions where compliance with Code setback requirements would create undue hardships on the property. The request includes a reduction to the front (east) setback along Plumosa Avenue from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement). This site does not take access to Plumosa Avenue and the building exists at less than the required setback. Existing parking in the northeast corner of the site does not meet the required minimum setback for parking lots of 15 feet, but the existing setback exceeds the minimum landscape buffer requirement along this roadway. Landscaping enhancements can be accommodated within the existing areas along this roadway. The request also includes a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement) and a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement). These two setback reductions are adjacent to the automobile service station located to the north and west of this site. While less than the required side setback, they exceed the landscape buffer requirements along these edges of the property and are to existing parking lot pavement. Finally, the request includes a reduction to the side (south) setback from 10 feet to seven feet (to existing pavement) and a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement). These reductions occur to existing parking lot pavement south of the existing West Marine building. There is an existing parking lot and loading space (truck well) south of the building where access would be impaired in order to meet Code setback requirements. Landscape buffering can be accommodated within these existing areas. Maximum Building Height: Pursuant to Table 2-704 of the Community Development Code, the maximum structure height for both retail sales and services and offices ranges between 25 - 50 feet. The existing retail sales and services (West Marine) building is at a height of 22.67 feet, which meets the minimum standards for height under Table 2-702. The proposed office building is proposed at a height of 50 feet (to roof deck). While most surrounding commercial buildings along this stretch of Gulf to Bay Boulevard are no greater than two stories in height, there is greater potential for redevelopment along this corridor with taller buildings. The proposed office building could be viewed as setting a new standard for this area and along this commercial corridor. There is a one-story office complex directly to the south of this proposed building, providing a separation between detached dwellings farther south. This proposed building is viewed as being compatible with the surrounding area. The proposed building is designed as a rectangle 50 feet deep by 127 feet long with the fagade designed with "modules" creating a window rhythm. The square windows in these modules on all sides of the building are proposed with four large panes of glass, with solex green glazing to create contrast with the building fagade colors. The size of each floor is the same. The building fagades have vertical and horizontal banding, augmented with emblems at the intersections of the banding. There is a distinctive fenestration pattern created with this building design, as well as the provision of the banding and colors of the building. Community Development Board - November 21, 2006 FLD2006-07044 - Page 4 of 12 Minimum Off-Street Parking: Pursuant to Table 2-702 of the Community Development Code, the minimum parking requirement for retail sales and services, based on 22,209 square feet GFA and five parking spaces per 1,000 square feet, is normally 111 parking spaces. Based on 20,050 square feet and four parking spaces per 1,000 square feet, the minimum parking requirement for offices is normally 80 parking spaces. For stand-alone projects, the total requirement is normally 191 parking spaces (as advertised in the request). However, this normal requirement for stand-alone projects is modified by the shared parking formula of Section 3-1405 (see table below), whereby the required parking for these two uses on this property is 167 parking spaces. WEEKDAY WEEKEND Use: Midnight 6 A.M. 9 AM 4 P.M. 6 P.M Midnight 9 A.M. 4 P.M. 6 P.M. Midnight Retail sales 111.045 5% = 5.55 100% = 111.045 90% = 99.94 100% = 111.045 70% = 77.73 Office 80.2 5% = 4.01 70% = 56.14 1.0% = 8.02 10% = 8.02 5% = 4.01 Totals: 191.245 9.56 167.185 107.96 119.065 81.74 The request includes a reduction to required parking from 167 spaces to 104 spaces, which represents the provision of only 62.3 percent of the required amount of parking for both uses. The existing retail sales and services use (West Marine) requires 111 parking spaces. There are presently 132 spaces on-site. The applicant has submitted a Parking Demand Study that analyzed the existing West Marine parking characteristics. The analysis demonstrates that parking demand for the West Marine use are satisfied while also accommodating parking demand for the proposed office building. Staff's prior concerns for the October 17, 2006, CDB meeting was with the future use of the West Marine building when West Marine ceases operation and a new use desires to operate in this building that may not have the same operational characteristics as West Marine. The reality is that businesses and ownership expire or change. Once the office building is constructed and filled with tenants, the parking demand for office parking utilizing the available on-site parking spaces will not diminish. The Parking Demand Study concludes that the office parking can be accommodated based on the low parking usage by West Marine (maximum of 22 parking spaces occupied during any hour of the study period whereas 111 spaces are required based on building square footage and the Code required parking ratio). Staff's concern relates to documenting similar operational characteristics of a future tenant that is not operating on the property and potential resultant inadequate on-site parking creating off-site impacts. After discussion with the City Attorney's office, where the applicant is in agreement, approval of this application should be conditioned on limiting the future use of the West Marine building through a development agreement or similar agreement prior to the issuance of the Certificate of Occupancy for the office building. There is an existing loading space (truck well) on the south side of the West Marine building being retained. The applicant has demonstrated that trucks will still be able to access this truck well with construction of the proposed office building. The applicant is also proposing to add a loading space, usable to both West Marine and the proposed office building, on the east side of the office building, meeting Code requirements. Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment shall be screened so as not to be visible from public streets and/or abutting properties. Air conditioning units are located on the roof of the existing West Marine building. Staff is unaware of any screening issues with this existing building. The applicant proposes to also locate the air conditioning units on the roof of the proposed office building, which should also not be able to be viewed from public streets and/or abutting properties. Any screening issues of mechanical equipment with the Community Development Board - November 21, 2006 FL.D2006-07044 - Page 5 of 12 s proposed building will be part of the review of a building permit, should the Community Development Board approve this request. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at street or driveway intersections, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. There is one existing driveway on Gulf to Bay Boulevard that is not proposed to be revised. There is an existing driveway on Duncan Avenue that is proposed to be relocated northward to line up with a proposed drive aisle north of the proposed office building. The intent of the sight visibility triangles is to enable those vehicles and/or pedestrians traversing a right- of-way and those vehicles stopped at a stop bar while leaving a site to have a clear and unobstructed view of one another. There is an existing palm tree encroaching within the sight visibility triangle on the east side of the Gulf to Bay Boulevard driveway. Since vehicles exiting the site at this driveway must turn right, as Gulf to Bay Boulevard is a divided roadway at this location, the existing encroachment has not caused any known vehicular-pedestrian conflicts to-date. This existing encroachment upon the sight visibility triangles will not result in the grant of a special privilege as similar situations have been approved elsewhere under similar circumstances. It is noted that the City's Engineering Department does not object to the existing palm tree within the sight visibility 'triangle. Based upon the above, positive findings can be made with respect to continuing to allow the encroachment of the one palm tree within the sight visibility triangle, as set forth in Section 3-904.A of the Community Development Code. Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on- site electric and communication lines will be placed underground in conformance with this Code requirement. There exist overhead utility lines within the right-of-way of Plumosa Avenue (east), but these overhead lines are only for a portion of the property and are adjacent to the roadway curbing. There also exist overhead utilities within the right-of-way of Duncan Avenue (west). Finally, there are overhead utility lines along the south property line on the adjacent property south of the proposed office building. Due to limited frontage of this site in relation to the length these overhead lines are located and for whom the utilities provide service, it is impracticable to require the undergrounding of these existing overhead lines within the right-of-way. These overhead utility lines do present constraints on the type of trees that can be planted within 20 feet of the lines (only accent trees, which generally do not grow to a height that would interfere with the lines). Landscaping: Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 15-foot wide landscape buffer along Gulf to Bay Boulevard, a 10-foot wide landscape buffer along Plumosa and Duncan Avenues and a five-foot wide landscape buffer adjacent to other nonresidential development (automobile service station to the north and west of the subject property and the offices to the south). Buffers are to be planted with one (1) tree every 35' and 100% shrub coverage is required. The proposal includes a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement). Community Development Board - November 21, 2006 FLD2006-07044 - Page 6 of 12 The area on the north side of West Marine and the north and west sides of the proposed office building are proposed to meet the minimum requirement for a five-foot wide landscape area along the foundation of the buildings, planted to meet Code requirements. The east side of the West Marine building is being upgraded to comply with the foundation landscape and perimeter buffer requirements through the combination of these requirements to visually enhance this side of the building. Section 3-1202.13.1 of the Code requires the provision of 10 percent of the vehicular use area in interior landscaping. The proposal indicates the area amount of interior landscaping provided to be 11.18 percent. The area along the south property line west of the proposed office building indicated as interior landscape area needs to be planted with trees to qualify as interior landscaping. The approve of this request should include a condition to revise the landscape plan prior to the issuance of any permits to revise the by planting the interior landscape area west of the proposed office building along the south property line in accordance with Code requirements. Comprehensive Landscape Program: Pursuant to Section 3-1202.G of the Community Development Code, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is N/A N/A automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Staff does point out that existing landscaping is being augmented in many locations to meet the intent of the Comprehensive Landscape Program. Solid Waste: There is an existing dumpster enclosure on the south side of the site west of the existing West Marine building. This existing enclosure does not meet Code requirements, as there are no gates screening views of the dumpster. There also exists an unenclosed dumpster for cardboard west of the existing enclosure. The development proposal includes providing a double dumpster enclosure meeting Code requirements near the south property line adjacent to the east side of the proposed office building. Construction of this dumpster enclosure will require the relocation of an existing electric transformer at Community Development Board - November 21, 2006 FLD2006-07044 - Page 7 of 12 this location. The proposed solid waste facility has been found to be acceptable by the City's Solid Waste Department. Si nape: On November 9, 2005, a Development Order was issued for a Comprehensive Sign Program for this property, permitting two freestanding signs and three attached signs (Case #SGN2005-09006). Since there is a new use proposed for the property, signage for all uses on this site has to be brought into compliance with Code provisions through a new Comprehensive Sign Program. Signage will need to be coordinated, including sign type, exterior materials and color. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per Table 2-704 of the Community Development Code: Standard Proposed Consistent Inconsistent F.A.R. 0.55 0.39 X I.S.R. 0.95 0.78 X Lot Area 3,500 - 10,000 square feet 108,320.28 square feet X Lot Width 30 - 100 feet North (Gulf to Bay Blvd): X 281.74 feet East (Plumosa Ave): 342.33 feet West (Duncan Ave): 131.76 feet Setbacks Front: 15 - 25 feet North: 7.29 feet (to X* existing pavement) East: 22.91 feet (to existing building); 10.82 feet (to existing pavement) West: 5.53 feet (to existing pavement) Side: 10 feet North: 6.48 feet (to X* existing pavement) South: 5.1 feet (to proposed building); 7 feet (to existing pavement) West: 5.33 feet (to existing pavement) Rear: 10 feet West: 4.77 feet (to X* existing pavement) Height 25 - 50 feet Existing bldg: 22.67 feet X* Proposed bldg: 50 feet (to roof deck Off-Street Retail sales: 5 spaces per 1,000 SF GFA 104 parking spaces X* Parking Offices - 4 spaces per 1,000 SF GFA (167 spaces per Shared Parking calculation - see above table *See discussion in the Analysis. Community Development Board - November 21, 2006 FLD2006-07044 - Page 8 of 12 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2-704.C of the Community Development Code (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X* the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X* parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. *See discussion in the Analysis. Community Development Board - November 21, 2006 FLD2006-07044 - Page 9 of 12 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code: 1. The proposed development of the land will be in harmony with the scale, bulk, X* coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X' 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. See discussion of the parking reduction above. *See discussion in the Analysis. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 31, 2006, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 2.49 acres is located on the south side of Gulf to Bay Boulevard between Plumosa and Duncan Avenues; 2. That the property is located within the Commercial (C) District and is currently developed with a 22,209 square-foot building for retail sales and services (West Marine); 3. That the development proposal is to construct a four-story, 20,050 square-foot office building on the west side of the site where the parking lot exists today, in addition to retaining the existing one-story, 22, 209 square-foot retail sales and services building (West Marine); 4. That the property is "L" shaped, with frontages on Gulf to Bay Boulevard, Plumosa Avenue and Duncan Avenue; 5. That reductions to setbacks and perimeter buffers to pavement and building are proposed as part of the proposal; 6. That proposed setbacks exceed those listed in Table 2-704 for offices and retail sales and service uses, requiring the proposal to be processed as a Comprehensive Infill Redevelopment Project; 7. That the setback reduction requested along Gulf to Bay Boulevard (to existing pavement) is a product of the location of the West Marine building and the parking lot dimensional standards; 8. That the setback reduction requested along Duncan Avenue (to existing pavement) is a product of the functionality of the parking lot, the necessity to provide adequate truck maneuvering area for the existing truck well on the south side of West Marine, the necessity to provide an additional loading space for the office building and the provision of required foundation landscaping; 9. That the proposal includes a request to reduce the required side setback along the south property line from 10 feet to 5.1 for the proposed office building, which has been modified since the October 17, 2006, CDB meeting to accurately meet Building Code requirements and has completely changed the Community Development Board - November 21, 2006 FLD2006-07044 - Page 10 of 12 appearance of the southern fagade of the office building to be the same as the other three sides of the building; 10. That the proposal includes an increase to the height for the proposed office building to 50 feet (to roof deck) (four stories); 11. That, while most surrounding commercial buildings along this stretch of Gulf to Bay Boulevard are no greater than two stories in height, the proposed building height can be viewed as setting a new standard for this area and along this commercial corridor that has undeveloped potential; 12. That, based on the shared parking formula of Section 3-1405, required parking for these two uses on this property is 167 parking spaces; 13. That the request includes a reduction to required parking from 167 spaces to 104 spaces, representing the provision of only 62.3 percent of the required amount of parking for both uses; 14. That a Parking Demand Study submitted analyzed the existing West Marine parking characteristics, which demonstrated that parking demand for the West Marine use is satisfied while also accommodating parking demand for the proposed office building; 15. That Staff concerns regarding the future use of the West Marine building when West Marine ceases operation, where a new use may not have the same operational characteristics as West Marine, can be limited through a development agreement or similar agreement acceptable to the City prior to the issuance of a Certificate of Occupancy for the office building; 16. That the proposal includes reductions to perimeter buffers and a Comprehensive Landscape Program has been submitted, which is consistent with its criteria; and 17. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Table 2-704 for offices and retail sales and services of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development application to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for the property located at 1721 Gulf to Bay Boulevard, with the following conditions: Community Development Board - November 21, 2006 FLD2006-07044 - Page 11 of 12 Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff, 2. That, prior to the issuance of any permits, the ingress/egress easement along the north property line be vacated; 3. That, prior to the issuance of a Certificate of Occupancy for the office building, a development agreement or similar agreement between the City and the applicant be approved limiting the future use of the West Marine building due to the reduction to required on-site parking; 4. That a new Comprehensive Sign Program be submitted for revised signage on Duncan Avenue and for attached signage, where all signage will need to be coordinated for sign type, exterior materials and color; 5. That, prior to the issuance of any permits, plans be revised to show required fire hydrants for fire fighting use; 6. That, prior to the issuance of any permits, the landscape plan be amended to ensure the interior landscape area along the southern property line west of the office building meets Code requirements for trees and other landscape materials; 7. That, prior to the issuance of any permits, appropriate plans be revised show trees #9 and #58 and to meet the arborist's recommendations for trees 1 - 11 and 58 - 63; 8. That, prior to the issuance of any permits, the following be submitted or provided on revised plans: a. copy of the SWFWMD permit; b. soil boring, percolation tests and seasonal high water table elevation with drainage calculation analysis; c. two cross sections through the retention pond (east to west and north to south); d. stage storage chart showing the pond can hold 12,250 cubic feet of runoff with six-inches of freeboard; and e. outline of the top of bank and toe of slope of the pond; and 9. That the traffic signal box and loop detectors within the Duncan Avenue right-of-way be relocated at the applicant's expense. Prepared by Planning Department Staff: Wayne . Wells, AICP, Planner III ATTACHMENTS: ? Location Map ? Aerial Map ? Zoning Map ? Existing Surrounding Uses Map ? Photographs of Site and Vicinity S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDMGu?f to Bay 1721 Duncan Office Building (C) - 11.21.06 CDB - WWIGulfto Bay 1721 StaffReportfor 11.21.06 CDB.doc Community Development Board - November 21, 2006 FLD2006-07044 - Page 12 of 12 Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wayne.wells(i,myclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone; mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1'/2 years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section 0 0 611 x,,, a CASLER T ]v U MAPLE ST AIRPORT D0. a ZO ST PJE KENNETH 5pdmi ?g5 a a ?(fRANDA RIDGEWOOD ST ? a VJ 4a ?H GLBERT ? S1 a 7 g FOREST RD PINEWOOD RIDGEWOCO ST RIOOEWOM IS INLEV C? - MIXINLEV ST NAROING DW(W O00 y PtA? O A j CAESNEW ST i ? i HARDING ST F + HARDING D D E WUUO ` 0P Au U? a a ? Q GR?¢O D D ? S.R. 590 DREW ST D ST a < 0? 0 ?9= = Q a a a W LAURA ST CLEVELAND CLEVELAND ST PARK ST a I HARVARD Gi ST a O¢ Q Z ffi D PIERCE ST A y O ° E z U L DARTMOUTH ST STAR ST 2 S r A `N RAIN'BQY DR °E PROJECT w N S 0 SITE COURT ST S R BSI GULF TO BA GULF TO BAY BLVD. a ROGERS ST 1Y IWy a a'j H???? ??a?Q CO j Q Q U 4 QROGERB a e a a C' a ?. TURNER ST a e??J TURNER S7 D PINE ST 5 PINE ST z S w U a MARION ST ? p ?e K ? a € yu ww DRUID RD w pp ?a ? WAV yu ? a Q < F ?C ASMPIE Q ASMINE CROY DON WAY M MADNCLIA DR OR KENMOORE WlOLIA NA LOTUS PATH ? ? MAGNOLIA • ._. _._.. Jt .:'.. -- . ? I RIPON OR i •:. •• •'•' h:l •: '.'..: , ..• •:. •: • ST .EFFORDS ST // JEFFORDDSS STS/ FFORDS Si (:; :•.: •: ::• .••KF_NGAl .E I•.:• •, •pR.: ?. •:: •:: O ??pu ST BARRY ST BARRY RO rA Y ,r?? •• •.,- y REBECCA DR REBECCA ST TUSCOLA RD .l, .'? 3 • :? w :.:? SANDRA OR SANDRA ~ ESTELLE '..i'.._. •,f.:.?fi Y'CIM1:: N"': S7 •?.t .:.J,,,•1 1 U Y2 a : ?. : L- SEVER DR LEES CT J .. .. . . ' ' ..:' '• L L •' i 1 . ; . _. :: : . ? ..;: , . •.'::•.:. ST .. ENl7ry 2 t EV1EW RD :: .:':::i; ::.::•::•'.. ::•, •., .... n-A PARK DR .•..... •':: ::.. .:.'.•.•.. •. ':.:•, :. :. ....:. OR: •:' NORMANDY •:': '::': • . . . :• • a-MR Location Map Owner: PBP of Clearwater, LLC Case: FLD2006-07044 Site: 1721 Gulf to Bay Boulevard Property Size(Acres): 2.49 PIN: 14/29/15/85968/000/0010 Atlas Page: 2978 ?7_ • T-11-J-11- f. A _0 ,. r K171% -.? ? .. x •V k ? _ .c 1K ?'' "AM r r? ' 4'!r r - . rye T q ?+• t ,? ?' 'URNL MINNE p r: Aerial Map Owner. PBP of Clearwater, LLC Case: FLD2006-07044 Site: 1721 Gulf to Bay Boulevard Property Size(Acres): 2.49 PIN: 14/29/15/85968/000/0010 Atlas Page: 297B 0 0 O II I 2 311 31 311 310 401 400 401 400 4 6 4 5 403 402 W 403 402 Q 405 404 Q 405 404 Z 406 It 407 408 407 Z 408 410 ? 408 0 412 y y 410 414 c to 10 416 so ^ GULF-TO-BAY BLVD --rF DE7 ' 60 (1) m ?o 3 520 522 17* 524 538 526 2 538 530 O 542 532 3 544 so 5 4 3 2 1 511 7 6 512 513 515 514 9 517 8 516 519 11 10 520 525 13 524 527 526 15 52 531 ,0 5W30 533 77 16 532 535 536 537 19 18 541 21 20,140 545 23 22 542 Q 544 I 4 3 2 511 513 6 W 515 8 Q 517 521 10 O 525 72 1 a 529 14 1 16 1 18 1 TURNER ST 601 Q 603 5 10 600 601 10 EW2 604 603 W 605 4 9 W4 33 32 31 30 29 28 27 26 9 3 B 808 611 zo (a/? 613 3 2 B14 17 18 21 22 23 LA?D 1 Zoning Map Owner. I PBP of Clearwater, LLC I Case: Site: 1721 Gulf to Bay Boulevard Property Size(Acres): PIN: Atlas Page: FLD2006-07044 2.49 14/29/15/85968/000/0010 297B : -8 4 407 6 9 311 iDe 401 1®V 403 Offices a fe Retail Retail Retail ? ?+lrJ YfA OEM m ?e°?e°ppmvm e` rrf?rr 3 520 522 524 526 528 530 532 Q 405 Z 407 D y Retail a 60 4 407 ia- ca ca ti Church y 60 ? M k 5 4 3 s, 511 513 7 6 512 515 517 519 DW Ninig2 525 13 527 526 15 531 17 530 is 533 535 531 537 el in 2s 531 541 21 ? 540 545 23 22 542 544 30 Ve 914 m e;z ~ ge is 2 511 513 6 Detach A, Q 517 • Z 10 0 52512 1 a 529 to t 18 20 9 Q 60 TURNER ST N M 10 ' 601 5 10 600 601 1, 70 603 Q 03 {? (? 605 Daet ched 604 33 to pied 30 29 28 D A ?cll ?6 9 9 Z 609 e ings Di Alin gs - 608 (V 611 3 8 8 8 611 ? 613 2 614 17 FUT"TTIT21T-23 809 Existing Surrounding Uses Map Owner. PBP of Clearwater, LLC Case: FLD2006-07044 Site: 1721 Gulf to Bay Boulevard Property 2.49 Size(Acres) : PIN: 14/29/15/85968/000/0010 Atlas Page: 297B 311 ed 31 Igs 400 401 Dwel in 4 W 403 404 Q 405 406 W 407 408 _ 410 41 H Offices 414 n ? 416 60 GULF-TO-BAY BLVD 0 tO View looking southwest at front of existing West View looking south along east side of West Marine building along Plumosa Ave. 1721 Gulf to Bay Boulevard FLD2006-07044 View looking east along Gulf to Bay Blvd east of driveway on subject propert-,,- % ; Page 1 of 3 View looking southeast at rear parking area south of West Marine building on subject property View looking east at grade change along south side of property and offices to the south (Duncan Ave.) View looking southeast at office development on property to the south along Duncan Ave. 1721 Gulf to Bay Boulevard FLD2006-07044 Page 2 of 3 ;r View of existing dumpsters and electric transformej Vlcyv lookin., \? est it office develolmlent on property to the south from Plumosa Ave. View looking east along south side of property where office building is proposed NOUN. a 'g , I .: , View looking east at automobile service station at SE corner of Gulf to Bay Blvd. and Duncan Ave. s Aft 1721 Gulf to Bay Boulevard FLD2006-07044 M ,fi HYDRA View looking southwest at retail sales at SW corner of Gulf to Bay Blvd. and Duncan Ave. la JOIN al IL .? View looking north at typical commercial development across Gulf to Bay Blvd. View looking south at typical detached dwellings south of subject property along Plumosa Ave. Page 3 of 3 View looking west at shopping center across Duncan Ave. from existing driveway on subject property ?+??-?srrfr m4i f s Fire Condition 1721 GULF TO BAY BLVD James Keller 562-4327 x3062 Not Met 08/21/2006 Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and Jon same side of street as building. PRIOR TO CDB 8/21/2006 9/13/2006 Per conversation with Mr. Keith Zayac hydrant will be added prior to building plans. (JFK) Landscape Wayne Wells, AICP 727-562-4504 08/23/2006 10/11/06 - WW Proposal now indicates 11.83% of interior landscape area. However, a strip of land along the north side of the parking area south of the adjacent automobile service station counted in this percentage does not qualify, as it does not meet the provisions of the Code. There are also three areas indicated as interior landscape area that are not planted with landscape material to qualify; one is the existing terminal landscape island at the northwest corner of the West Marine Building, the second along the south property line east of the proposed office building and, lastly, the area along the south property line west of the proposed office building. The existing terminal landscape island at the northwest corner of the West Marine Building contains three small palms that do not meet Code requirements. Should the Community Development Board approve this request, such approval should include a condition to revise the landscape plan prior to the issuance of any permits to revise the interior landscape area calculations, lessing out the strip of land along the north side of the parking area south of the adjacent automobile service station and to indicate planting these three areas cited in accordance with Code requirements. 9/14/06 - WW No discussion occurred regarding the applicability of interior landscape area now indicated. Some areas still do not qualify and other areas are not planted in accordance with the requirements. Not all of area south of West Marine can be counted as it is a retention area. Revise and recalculate interior landscape area. 8/23/06 - WW Sheet 4 - Revise areas shown for interior landscape area. Cannot count areas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-1202.E.1. Revise Sheets 4 and 7. Land Resource Condition Rick Albee 727-562-4741 Not Met 08/14/2006 / 8/14/06-The tree survey is incomplete, show tree #9 and 58 on the appropriate plans prior to CDB. Not Met v 9/13/06- Show tree #9 and 58 on the appropriate plans prior to building permit. 08/14/2006 / 8/14/06-Apply your arborist recommendations as they relate to trees 1-11 and 58-63 if not already Not Met addressed. Revise prior to CDB. 9/16/06-The arborist's recommendations were not adheared to as they relate to some of the trees. Revise all plans prior to building permit. Storm Water Condition Bob Maran 562-4592 08/18/2006 The following conditions are to be met prior to issuance of a building permit: Not Met 1) Provide a copy of the SWFWMD permit 2) Provide soil boring, percolation test and seasonal high water table elevation with drainage calculation analysis. 3) Provide 2 cross sections through the retention pond (east to west and north to south) and provide a stage storage chart showing the pond can hold 12,250 cubic feet of runoff with 6 inches Print Date: 11/15/2006 0 • Conditions Associated With FLD2006-07044 CaseConditons Page 1 of 3 FLD2006-07044 1721 GULF TO BAY BLVD • Storm Water Condition Bob Maran 562-4592 of freeboard. 4) Show on the plan view the outline of the top of bank and the toe of the pond. Traffic Eng Condition Bennett Elbo 562-4775 08/17/2006 1. The traffic signal box shown in the western driveway cannot be exposed to vehicular contact due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (727)562-4750 to consider the re-locating the traffic signal box and loop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to / the ATMS. 9/8/06 - BOX AND LOOP DETECTORS TO BE RELOCATED AT APPLICANT'S EXPENSE. 2. Stop bar with stop sign shall be 4-feet back from back edge of sidewalk or crosswalk. 9/8/06 - MET 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2. (1) of the Florida Building Code Ch. 11. 9/8/06 - MET - MAY NEED ADDITIONAL ACCESS FROM OFFICE BUILDING TO PUBLIC SIDEWALK ALONG DUNCAN AVENUE AT BUILDING PERMIT. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119. 9/8/06 - MET 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5-feet long. 9/8/06 - BACK UP AREA PROVIDED. 6. Provide offstreet loading space for proposed office building in accordance with Community Development Code Section 3-1406.13.1. 9/8/06 - MET 7. How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? 9/8/06 - NO RESPONSE. All of the above to be addressed prior to CDB. General Note(s): 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Zoning Condition Wayne Wells, AICP 727-562-4504 08/01/2006 10/11/06 & 9/14/06 - WW f Comprehensive Sign Program (CSP) SGN2005-09006 was approved on November 9, 2005. A new CSP will be needed for revised location of signage on Duncan Avenue and for attached signage. Signage will need to be coordinated, including sign type, exterior materials and color. 8/1/06 - WW Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd to be located within the visibility triangle. 08/23/2006 /? 10/11/06 & 9/14/06 - WW d Include a condition of approval requiring vacation of the easement prior to the issuance of any permits. 8/23/06 - WW There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within but a small area of this easement. Either revise plans to provide vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). Not Met Not Met Not Met CaseConditons Print Date: 11/15/2006 Page 2 of 3 ;- b • • FLD2006-07044 1721 GULF TO BAY BLVD Zoning Condition Wayne Wells, AICP 727-562-4504 08/23/2006 10/11/06, 9/14/06 & 8/23/06 - WW Not Met The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to find a replacement tenant, unless additional off-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. 08/23/2006 10/11/06 & 9/14/06 - WW Not Met South side of the building is bland. 8/23/06 - WW The proposed building does not comply with the Comprehensive Infill Redevelopment Project criteria, which are: 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; * Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; * Variety in materials, colors and textures; * Distinctive fenestration patterns; " Building stepbacks; and * Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the facade with the primary facade feature as a differentiation of color of cubes. Proposed "yellow" color is too vivid. Staff is not supportive of the design of the proposed building. 08/23/2006 10/11/06, 9/14/06 & 8/23/06 - WW Not Met Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the provision of perimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking, even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". Print Date: 11/15/2006 CaseConditons Page 3 of 3 • • From: Delk, Michael Sent: Wednesday, October 18, 2006 1:28 PM To: Dougall-Sides, Leslie Cc: Clayton, Gina; Wells, Wayne Subject: RE: Inquiry regarding Parking Limitation Agreement Thanks Leslie - I should have inquired if this can be done outside the 163 process which requires a Level III approval? Regardless, we can now conclude our negotiations and see if an agreement on limiting parking can be reached. We can condition permit or CO on having the agreement in place. michael -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, October 18, 2006 11:45 AM To: Delk, Michael Subject: RE: Inquiry regarding Parking Limitation Agreement Importance: High Michael, I will be out of the office this p.m. and at a seminar Thurs. and Fri. However, per your previous email I think that a DVA limiting the allowed uses on the property as a condition of approval in the situation you mention would be legal and appropriate. Have a great trip and see you when you get back! Leslie -----Original Message----- From: Delk, Michael Sent: Wednesday, October 18, 2006 10:31 AM To: Dougall-Sides, Leslie Subject: Inquiry regarding Parking Limitation Agreement Leslie - Can I give you a call about this when convenient for you? I sent over an email a few days ago (I know you've been gone so no problem) about whether or not we can limit uses to deal with a parking deficiency. Might be helpful to discuss as I can quickly give you the details. michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com Wells, Wayne From: Wells, Wayne Sent: Wednesday, November 01, 2006 2:38 PM To: Watkins, Sherry Cc: Delk, Michael; Clayton, Gina; Thompson, Neil Subject: FLD2006-07044, 1721 Gulf to Bay Boulevard Sherry - There have been some changes to the above referenced proposal, which was continued to the November 21, 2006, CDB meeting. These changes do not reduce the request, as previously advertised, but are closer to meeting, or actually meeting, Code requirements. The two changes relate to the side (south) setback to the building, where the setback increased from five feet to 5.1 feet, and the applicant is now providing the full foundation landscaping requirement along the north side of the West Marine building (a reduction was previously advertised). I am changing the proposed request to the following (changing the CDB agenda and Staff Report for the 11/21106 CDB meeting to read): Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. The prior request (as previously advertised is) (portions of the request that have changed are shown in blue): Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), and a reduction to the required foundation landscape area along the north side of the West Marine building from five feet to three feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Does this item need to be included, because of these small changes, in the Notice of Public Hearings for the November 21, 2006, CDB meeting? Wayne 0 9 Wells, Wayne From: Delk, Michael Sent: Wednesday, October 18, 2006 1:28 PM To: Dougall-Sides, Leslie Cc: Clayton, Gina; Wells, Wayne Subject: RE: Inquiry regarding Parking Limitation Agreement Thanks Leslie - I should have inquired if this can be done outside the 163 process which requires a Level III approval? Regardless, we can now conclude our negotiations and see if an agreement on limiting parking can be reached. We can condition permit or CO on having the agreement in place. michael -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, October 18, 2006 11:45 AM To: Delk, Michael Subject: RE: Inquiry regarding Parking Limitation Agreement Importance: High Michael, I will be out of the office this p.m. and at a seminar Thurs. and Fri. However, per your previous email I think that a DVA limiting the allowed uses on the property as a condition of approval in the situation you mention would be legal and appropriate. Have a great trip and see you when you get back! Leslie -----Original Message----- From: Delk, Michael Sent: Wednesday, October 18, 2006 10:31 AM To: Dougall-Sides, Leslie Subject: Inquiry regarding Parking Limitation Agreement Leslie - Can I give you a call about this when convenient for you? I sent over an email a few days ago (I know you've been gone so no problem) about whether or not we can limit uses to deal with a parking deficiency. Might be helpful to discuss as I can quickly give you the details. michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com • • Wells, Wayne From: Delk, Michael Sent: Friday, October 13, 2006 2:45 PM To: Dougall-Sides, Leslie Cc: Wells, Wayne; Thompson, Neil Subject: Parking Condition/Agreement Leslie - Do you think a development agreement of some sort limiting uses on a site to that which can be accommodated by parking is a legitimate option for a development approval? We have a proposal to add office to a site with a large building which generates limited trip and parking demand. Our concern of course is that a change in use may substantially increase that demand. Otherwise, we may support a reduction in parking from 160 (mol) to 104(mol). What is your thought on this? michael Michael Delk, AICP Planning Director City of Clearwater, FL 727-562-4561 myclearwater.com 0 0 - ORIGINAL CDB Meeting Date: October 17, 2006 Case Number: FLD2006-07044 Agenda Item: D3 Owner: PBP of Clearwater, LLC Applicant: Pilot Construction Technology, Inc. Representative: Abdi R. Boozar-Jomehri Address: 1721 Gulf to Bay Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), and a reduction to the required foundation landscape area along the north side of the West Marine building from five feet to three feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT FUTURE LAND Commercial General (CG) USE CATEGORY: PROPERTY USE: Current Use: Retail sales and services (West Marine) Proposed Use: Offices, in addition to retail sales and services (West Marine) Community Development Board - October 17, 2006 FLD2006-07044 - Page 1 of 13 • 0 EXISTING North: Commercial (C) District Retail sales and SURROUNDING ZONING services; Problematic AND USES: use; Offices South: Commercial (C) and Office (O) Districts Offices East: Commercial (C) and Medium Density Motel; Detached Residential (MDR) Districts dwellings West: Commercial (C) District Retail sales and services (shopping center) ANALYSIS: Site Location and Existing Conditions: The 2.49 acres is located on the south side of Gulf to Bay Boulevard between Plumosa and Duncan Avenues. It is currently developed with a 22,209 square-foot building for retail sales and services (West Marine). The property to the north is zoned Commercial (C) District and is currently developed with retail sales and services, a problematic use and offices. The property to the east is zoned Commercial (C) District and Medium Density Residential (MDR) District and is currently developed with a motel and detached dwellings respectively. The property to the south is zoned Commercial (C) and Office (O) Districts and is currently developed with an office complex. The property to the west is zoned Commercial (C) District and is currently developed with retail sales and services (shopping center). Development Proposal: The development proposal is to construct a four-story, 20,050 square-foot office building on the west side of the site where the parking lot exists today, in addition to the existing one-story, 22, 209 square- foot retail sales and services building (West Marine). Offices are a permitted use within the Commercial (C) District, as well as retail sales and services. The project is being processed as a Comprehensive Infill Redevelopment Project due to the setbacks proposed with this proposal. Floor Area Ratio (F.A.R.): Pursuant to the Countywide Future Land Use Plan, the maximum allowable F.A.R. for properties with a designation of Commercial General is 0.55. As such, the maximum development potential of the 2.49-acre parcel is 59,576.15 square feet. The existing one-story West Marine building is 22,209 square feet. The proposed four-story office building will be 20,050 square feet in size, which results in a total square footage of 42,259 square feet and a F.A.R. of 0.39. Based upon the above, the development proposal is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable F.A.R. The addition of this proposed office building must be reviewed in light of, and in concert with, the requests to reduce required setbacks, landscape buffers and parking and to increase the building height (see other sections of this Staff Report). Impervious Surface Ratio (I.S.R.): Pursuant to Sections 2-701.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The proposed I.S.R. is 0.78, which is consistent with the Code provisions. Minimum Lot Area: Pursuant to Table 2-704 of the Community Development Code, the minimum lot area for both retail sales and services and offices as a Flexible Development use is within a range between 3,500 and 10,000 square feet. The lot area of 108,320.28 square feet exceeds these minimum Code requirements. Community Development Board - October 17, 2006 FLD2006-07044 - Page 2 of 13 0 0 Minimum Lot Width: Pursuant to Table 2-704 of the Community Development Code, the minimum lot width for both retail sales and services and offices as a Flexible Development use is within a range between 30 and 100 feet. Along Gulf to Bay Boulevard (north), the lot width is 281.74 feet. Along Plumosa Avenue (east), the lot width is 342.33 feet. Finally, along Duncan Avenue (west), the lot width is 131.76 feet. In all cases, the minimum lot width exceeds these minimum Code requirements. Minimum Setbacks: Pursuant to Table 2-704 of the Community Development Code, the minimum front setback requirement for both retail sales and services and offices ranges between 15 - 25 feet. The minimum side setback requirement for both uses ranges between 0 - 10 feet. The minimum rear setback requirement for both uses ranges between 10 - 20 feet. The proposal includes a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to seven feet (to existing pavement) and a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement). Since the proposed setbacks exceed those listed in Table 2-704, the request must be processed as a Comprehensive Infill Redevelopment Project. When properties are improved by the addition of a new use, the conversion of the existing use to a new use or the improvement of the existing use to an extent of 25 percent or more of the value of the building according to the Pinellas County Property Appraiser, the property must be brought into full compliance, including required setbacks, with the Parking and Loading Division and the Landscape/Tree Protection Division (Sections 3-1202.A.2 and.3 and Sections 3-1401.B.2 and.3). The applicant proposes to add a new office building to this site with virtually no increase to the setbacks to pavement along the property lines, resulting in the requests to reduce setback requirements. Two areas where setback reductions are requested, one along Gulf to Bay Boulevard and the other along Duncan Avenue, also affect the provision of required landscape buffers. Applications for reductions to pavement for parking lots within the front setback to a minimum of 15 feet can be handled usually at a Staff level (Level 1 - Flexible Standard Development), where compliance with the criteria are justified. Along Gulf to Bay Boulevard, that area west of the driveway exceeds the 15-foot Level 1 standard; however, the area east of the driveway is as low as 7.29 feet to the existing pavement. More importantly is the reduction to the front setback to pavement for the parking lot along Duncan Avenue, as the reduction does not materially improve existing circumstances. The applicant is requesting to reduce the required side setback along the south property line from 10 feet to five feet for the proposed office building. While the Community Development Code makes provisions for the reduction to setbacks, such reductions have a corollary relationship to Building Code requirements. The closer a building is to the property line, the amount of openings on that side of the building is reduced and the fire rating of that wall closest to the property line increases. With the building proposed at a five-foot setback to the south property line, the amount of openings in the southern wall of the building is limited to 10 percent of the wall area. This reduction to the required setback has a dramatic effect on the visual aspect of the south side of the building, producing large expanses of "blank" wall and changing the character of windows in contrast to the three other sides of the building. As this building is proposed with four stories at a height of 50 feet to the roof deck, the bulk and adverse views of this south side of the building will be exacerbated (surrounding buildings along this stretch of Gulf to Bay Boulevard are not greater than two stories in height), as one-story offices and detached dwellings to the south will primarily see this southern building exposure. Community Development Board - October 17, 2006 FLD2006-07044 - Page 3 of 13 0 0 There is setback reductions requested that are a result of existing conditions where compliance with Code setback requirements would create undue hardships on the property. The request includes a reduction to the front (east) setback along Plumosa Avenue from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement). This site does not take access to Plumosa Avenue and the building exists at less than the required setback. Existing parking in the northeast corner of the site does not meet the required minimum setback for parking lots of 15 feet, but the existing setback exceeds the minimum landscape buffer requirement along this roadway. Landscaping enhancements can be accommodated within the existing areas along this roadway. The request also includes a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement) and a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement). These two setback reductions are adjacent to the automobile service station located to the north and west of this site. While less than the required side setback, they exceed the landscape buffer requirements along these edges of the property and are to existing parking lot pavement. Finally, the request includes a reduction to the side (south) setback from 10 feet to seven feet (to existing pavement) and a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement). These reductions occur to existing parking lot pavement south of the existing West Marine building. There is an existing parking lot and loading space (truck well) south of the building where access would be impaired in order to meet Code setback requirements. Landscape buffering can be accommodated within these existing areas. The reductions to required setbacks must be reviewed in light of, and in concert with, the requests to reduce required landscape buffers and parking and to increase the building height (see other sections of this Staff Report). Maximum Building Height: Pursuant to Table 2-704 of the Community Development Code, the maximum structure height for both retail sales and services and offices ranges between 25 - 50 feet. The existing retail sales and services (West Marine) building is at a height of 22.67 feet, which meets the minimum standards for height under Table 2-702. The proposed office building is proposed at a height of 50 feet (to roof deck). The area surrounding, and along Gulf to Bay Boulevard generally within the vicinity, of the subject site is characterized by buildings one and two stories in height. While the proposed floor area ratio is within the maximum parameters of the.Code and the proposed height is within the height Flexible Development parameters of the Code, the proposed height is not characteristic of the neighborhood. The scale and intensity of this proposed office building does not support this established character, especially in light of the requests for setback, landscape buffer and parking reductions. As noted under the discussion of Minimum Setbacks above, the scale and bulk of this building creates negative visual impacts, especially on the south side of the building due to the proposed setback to the south property line and Building Code implications on the building design and appearance. A building height of three or less stories would be compatible with the established character of the surrounding area. The applicant asserts that the proposed office building will set a new standard for this area. The proposed building is designed as a rectangle 50 feet deep by 127 feet long with the fagade designed with "modules" creating a window rhythm. The square windows in these modules on the north, east and west sides of the building are proposed with four large panes of glass, with solex green glazing to create contrast with the building fagade colors. Windows on the south side, due to the proposed building setback, are diminished in size and number, contrasting with the other three sides of the building, and producing a more "blank" appearance with many of the modules being solid. The size of each floor is the same. As a Comprehensive Infill Redevelopment Project, the project does not comply with criteria dealing with the design of the site and building. The applicant has stated that changes in horizontal Community Development Board - October 17, 2006 FLD2006-07044 - Page 4 of 13 building planes are accomplished through vertical and horizontal banding on the building, which is not the intent of the criteria, augmented with emblems at the intersections of the banding. There is a distinctive fenestration pattern created with this building design, as well as the provision of the banding and colors of the building. There is no building stepbacks or any distinctive roof form provided. The increase to building height must be reviewed in light of, and in concert with, the requests to reduce required setbacks, landscape buffers and parking (see other sections of this Staff Report). Minimum Off-Street Parking: Pursuant to Table 2-702 of the Community Development Code, the minimum parking requirement for retail sales and services, based on 22,209 square feet GFA and five parking spaces per 1,000 square feet, is normally 111 parking spaces. Based on 20,050 square feet and four parking spaces per 1,000 square feet, the minimum parking requirement for offices is normally 80 parking spaces. For stand-alone projects, the total requirement is normally 191 parking spaces (as advertised in the request). However, this normal requirement for stand-alone projects is modified by the shared parking formula of Section 3-1405 (see table below), whereby the required parking for these two uses on this property is 167 parking spaces. WEEKDAY WEEKE ND Use: Midnight 6 A.M. 9 A.M. 4 P.M. 6 P.M. Midnight 9 A.M. 4 P.M. 6 P.M. Midnight Retail sales 111.045 5% = 5.55 100% = 111.045 90% = 99.94 100% = 111.045 70% = 77.73 Office (80.2) A 5%=4.01 70%=56.14 10% = 8.02 10% = 8.02 5% = 4.01 __ Totals: (191.245) 1 9.56 167.185 107.96 119.065 81.74 The request includes a reduction to required parking from 167 spaces to 104 spaces, which represents the provision of only 62.3 percent of the required amount of parking for both uses. The existing retail sales and services use (West Marine) requires 111 parking spaces. There are presently 132 spaces on-site. The applicant has submitted a Parking Demand Study that analyzed the existing West Marine parking characteristics. The analysis demonstrates that parking demand for the West Marine use are satisfied while also accommodating parking demand for the proposed office building. Irrespective of the Parking Demand Study demonstrating the provision of adequate on-site parking for both uses, Staff is concerned with the future use of the West Marine building when West Marine ceases operation and a new use desires to operate in this building that may not have the same operational characteristics as West Marine. The reality is that businesses and ownership expire or change. Once the office building is constructed and filled with tenants, the parking demand for office parking utilizing the available on-site parking spaces will not diminish. The Parking Demand Study concludes that the office parking can be accommodated based on the low parking usage by West Marine (maximum of 22 parking spaces occupied during any hour of the study period whereas 111 spaces are required based on building square footage and the Code required parking ratio). Staff's concern relates to documenting similar operational characteristics of a future tenant that is not operating on the property and potential resultant inadequate on-site parking creating off-site impacts. It is the City that will be pressured in the future to issue occupational licenses to a future tenant of the West Marine building and that will have to deal with inadequate parking issues. There is an existing loading space (truck well) on the south side of the West Marine building being retained. The applicant has demonstrated that trucks will still be able to access this truck well with construction of the proposed office building. The applicant is also proposing to add a loading space, Community Development Board - October 17, 2006 FLD2006-07044 - Page 5 of 13 usable to both West Marine and the proposed office building, on the east side of the office building, meeting Code requirements. The reductions to required parking must be reviewed in light of, and in concert with, the requests to reduce required setbacks and landscape buffers and to increase the building height (see other sections of this Staff Report). Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment shall be screened so as not to be visible from public streets and/or abutting properties. Air conditioning units are located on the roof of the existing West Marine building. Staff is unaware of any screening issues with this existing building. The applicant proposes to also locate the air conditioning units on the roof of the proposed office building, which should also not be able to be viewed from public streets and/or abutting properties. Any screening issues of mechanical equipment with the proposed building will be part of the review of a building permit, should the Community Development Board approve this request. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at street or driveway intersections, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. There is one existing driveway on Gulf to Bay Boulevard that is not proposed to be revised. There is an existing driveway on Duncan Avenue that is proposed to be relocated northward to line up with a proposed drive aisle north of the proposed office building. The intent of the sight visibility triangles is to enable those vehicles and/or pedestrians traversing a right- of-way and those vehicles stopped at a stop bar while leaving a site to have a clear and unobstructed view of one another. There is an existing palm tree encroaching within the sight visibility triangle on the east side of the Gulf to Bay Boulevard driveway. Since vehicles exiting the site at this driveway must turn right, as Gulf to Bay Boulevard is a divided roadway at this location, the existing encroachment has not caused any known vehicular-pedestrian conflicts to-date. This existing encroachment upon the sight visibility triangles will not result in the grant of a special privilege as similar situations have been approved elsewhere under similar circumstances. It is noted that the City's Engineering Department does not object to the existing palm tree within the sight visibility triangle. Based upon the above, positive findings can be made with respect to continuing to allow the encroachment of the one palm tree within the sight visibility triangle, as set forth in Section 3-904.A of the Community Development Code. Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on- site electric and communication lines will be placed underground in conformance with this Code requirement. There exist overhead utility lines within the right-of-way of Plumosa Avenue (east), but these overhead lines are only for a portion of the property and are adjacent to the roadway curbing. There also exist overhead utilities within the right-of-way of Duncan Avenue (west). Finally, there are overhead utility lines along the south property line on the adjacent property south of the proposed office building. Due to limited frontage of this site in relation to the length these overhead lines are located and for whom the utilities provide service, it is impracticable to require the undergrounding of these existing overhead lines within the right-of-way. These overhead utility lines do present constraints on the type of Community Development Board - October 17, 2006 FLD2006-07044 - Page 6 of 13 trees that can be planted within 20 feet of the lines (only accent trees, which generally do not grow to a height that would interfere with the lines). Landscaping: Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 15-foot wide landscape buffer along Gulf to Bay Boulevard, a 10-foot wide landscape buffer along Plumosa and Duncan Avenues and a five-foot wide landscape buffer adjacent to other nonresidential development (automobile service station to the north and west of the subject property and the offices to the south). Buffers are to be planted with one (1) tree every 35' and 100% shrub coverage is required. The proposal includes a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement). The advertised request includes a reduction to the required foundation landscape area along the north side of the West Marine building from five feet to three feet; however, this was included in error as the applicant is proposing to comply with this requirement. The area on the north side of West Marine and the north and west sides of the proposed office building are proposed to meet the minimum requirement for a five-foot wide landscape area along the foundation of the buildings, planted to meet Code requirements. The east side of the West Marine building is being upgraded to comply with the foundation landscape and perimeter buffer requirements through the combination of these requirements to visually enhance this side of the building. Section 3-1202.E.1 of the Code requires the provision of 10 percent of the vehicular use area in interior landscaping. The proposal indicates the area amount of interior landscaping provided to be 11.83 percent. However, a strip of land along the north side of the parking area south of the adjacent automobile service station counted in this percentage does not qualify, as it does not meet the provisions of the Code. There are also three areas indicated as interior landscape area that are not planted with landscape material to qualify; one is the existing terminal landscape island at the northwest corner of the West Marine Building, the second along the south property line east of the proposed office building and, lastly, the area along the south property line west of the proposed office building. The existing terminal landscape island at the northwest corner of the West Marine Building contains three small palms that do not meet Code requirements. Should the Community Development Board approve this request, such approval should include a condition to revise the landscape plan prior to the issuance of any permits to revise the interior landscape area calculations, lessing out the strip of land along the north side of the parking area south of the adjacent automobile service station and to indicate planting these three areas cited in accordance with Code requirements. Comprehensive Landscape Program: Pursuant to Section 3-1202.G of the Community Development Code, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Community Development Board - October 17, 2006 FLD2006-07044 - Page 7 of 13 0 0 Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is N/A N/A automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. As expressed above, the proposed Comprehensive Landscape Program is consistent with many of the applicable criteria, but is inconsistent with the criteria that the landscaping is demonstrably more attractive than minimum standards. The applicant indicates compliance with minimum standards, except foundation landscaping. Staff does point out that existing landscaping is being augmented in many locations. However, noncompliance with setback (to pavement) and landscape buffer requirements along Gulf to Bay Boulevard and Duncan Avenue restricts the ability to have meaningful landscaping in excess of minimum Code requirements. While there are existing trees along Gulf to Bay Boulevard of a minimum of five-inch caliper, these areas could have been augmented with landscaping to present a tiered form of landscaping if there were a greater planting area for such landscaping. Solid Waste: There is an existing dumpster enclosure on the south side of the site west of the existing West Marine building. This existing enclosure does not meet Code requirements, as there are no gates screening views of the dumpster. There also exists an unenclosed dumpster for cardboard west of the existing enclosure. The development proposal includes providing a double dumpster enclosure meeting Code requirements near the south property line adjacent to the east side of the proposed office building. Construction of this dumpster enclosure will require the relocation of an existing electric transformer at this location. The proposed solid waste facility has been found to be acceptable by the City's Solid Waste Department. Signage: On November 9, 2005, a Development Order was issued for a Comprehensive Sign Program for this property, permitting two freestanding signs and three attached signs (Case #SGN2005-09006). Since there is a new use proposed for the property, signage for all uses on this site has to be brought into compliance with Code provisions through a new Comprehensive Sign Program. Signage will need to be coordinated, including sign type, exterior materials and color. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board - October 17, 2006 FLD2006-07044 - Page 8 of 13 • COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards. and criteria as per Table 2-704 of the Community Development Code: Standard Proposed Consistent Inconsistent F.A.R. 0.55 0.39 X I.S.R. 0.95 0.78 X Lot Area 3,500 - 10,000 square feet 108,320.28 square feet X Lot Width 30 - 100 feet North (Gulf to Bay Blvd): X 281.74 feet East (Plumosa Ave): 342.33 feet West (Duncan Ave): 131.76 feet Setbacks Front: 15 - 25 feet North: 7.29 feet (to X existing pavement) East: 22.91 feet (to existing building); 10.82 feet (to existing pavement) West: 5.53 feet (to existing pavement) Side: 10 feet North: 6.48 feet (to X existing pavement) South: 5 feet (to proposed building); 7 feet (to existing pavement) West: 5.33 feet (to existin pavement) Rear: 10 feet West: 4.77 feet (to X existing pavement) Height 25 - 50 feet Existing bldg: 22.67 feet X Proposed bldg: 50 feet (to roof deck Off-Street Retail sales: 5 spaces per 1,000 SF GFA 104 parking spaces X Parking Offices - 4 spaces per 1,000 SF GFA (167 spaces per Shared Parking calculation - see above table Community Development Board - October 17, 2006 FLD2006-07044 - Page 9 of 13 0 0 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2-704.C of the Community Development Code (Comprehensive Infill Redevelopment Project): Consistent Inconsi 1. The development or redevelopment is otherwise impractical without deviations from X the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ? Changes in horizontal building planes; ? Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ? Variety in materials, colors and textures; ? Distinctive fenestration patterns; ? Building stepbacks; and ? Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Community Development Board - October 17, 2006 FLD2006-07044 -Page 10 of 13 0 0 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code: Consistent I Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X' 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. See discussion of the parking reduction above. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of August 31, 2006, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 2.49 acres is located on the south side of Gulf to Bay Boulevard between Plumosa and Duncan Avenues; 2. That. the property is located within the Commercial (C) District and is currently developed with a 22,209 square-foot building for retail sales and services (West Marine); 3. That the development proposal is to construct a four-story, 20,050 square-foot office building on the west side of the site where the parking lot exists today, in addition to retaining the existing one-story, 22, 209 square-foot retail sales and services building (West Marine); 4. That the property is "L" shaped, with frontages on Gulf to Bay Boulevard, Plumosa Avenue and Duncan Avenue; 5. That reductions to setbacks and perimeter buffers to pavement and building are proposed as part of the proposal; 6. That proposed setbacks exceed those listed in Table 2-704 for offices and retail sales and service uses, requiring the proposal to be processed as a Comprehensive Infill Redevelopment Project; 7. That setback reductions requested along Gulf to Bay Boulevard and along Duncan Avenue (to pavement) also affect the provision of required landscape buffers along these roadways; 8. That the proposal includes a request to reduce the required side setback along the south property line from 10 feet to five feet for the proposed office building, which, when coupled with Building Code requirements for a building at this five-foot setback, has a dramatic effect on the visual aspect of the south side of the building, producing large expanses of "blank" wall and changing the character of windows in contrast to the three other sides of the building; 9. That the proposal includes an increase to the height for the proposed office building to 50 feet (to roof deck); 10. That the proposed building height at 50 feet (four stories), coupled with the proposed five-foot side setback, exacerbates the bulk and adverse views of this south side of the building; Community Development Board - October 17, 2006 FLD2006-07044 - Page 11 of 13 0 0 11. That the area surrounding, and along Gulf to Bay Boulevard generally within the vicinity, of the subject site is characterized by buildings one and two stories in height. While the proposed floor area ratio is within the maximum parameters of the Code and the proposed height is within the height Flexible Development parameters of the Code, the proposed height is not characteristic of the neighborhood. The scale and intensity of this proposed office building does not support this established character, especially in light of the requests for setback, landscape buffer and parking reductions; 12. That, based on the shared parking formula of Section 3-1405, required parking for these two uses on this property is 167 parking spaces; 13. That the request includes a reduction to required parking from 167 spaces to 104 spaces, representing the provision of only 62.3 percent of the required amount of parking for both uses; 14. That a Parking Demand Study submitted analyzed the existing West Marine parking characteristics, which demonstrated that parking demand for the West Marine use is satisfied while also accommodating parking demand for the proposed office building; 15. That, irrespective of the Parking Demand Study demonstrating the provision of adequate on-site parking for both uses, Staff is concerned with the future use of the West Marine building when West Marine ceases operation and a new use desires to operate in this building that may not have the same operational characteristics as West Marine, which will generate pressure on the City to approve the new use where inadequate parking may exist; 16. That the proposal includes reductions to perimeter buffers and, while a Comprehensive Landscape Program has been submitted and is consistent with many of the applicable criteria, it is inconsistent with the criteria that the landscaping be demonstrably more attractive than minimum standards; 17. That the proposed reductions to required setbacks, perimeter buffers and parking, as well as an increase to building height, when viewed in concert with each other, does not produce a development that is consistent with the existing or emerging area, is not compatible with the surrounding area and will not enhance other redevelopment efforts; and 18. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is not consistent with the Standards as per Table 2-704 for offices and retail sales and services of the Community Development Code; 2. That the development proposal is not consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3. That the development proposal is not consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is not consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. Based upon the above, the Planning Department recommends DENIAL of the Flexible Development application to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction to required parking from 167 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under Community Development Board - October 17, 2006 FLD2006-07044 - Page 12 of 13 0 0 the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Prepared by Planning Department Staff: hl?'- M Wayne M. Wells, AICP, Planner III ATTACHMENTS: ? Location Map ? Aerial Map ? Zoning Map ? Existing Surrounding Uses Map ? Photographs of Site and Vicinity S. IPlanning DepartmentlCD BIFLEX (FLD)IPending casesl Up for the next CDBI Gulf to Bay 1721 Duncan Office Building (C) 10.17.06 CDB - WWIGulf to Bay 1721 Staff Report.doc Community Development Board - October 17, 2006 FLD2006-07044 - Page 13 of 13 Resume Wayne M. Wells, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4504 wayne.wells(&myclearwater.com PROFESSIONAL EXPERIENCE • Planner III Planning Department, City of Clearwater, FL • November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; reviewed building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). • Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director, Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; reviewed final site plans and building permits for Code conformance; prepared and/or assisted preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). • Program Manager, Zoning Branch Manatee County Department of Planning and Development June 1984 to March 1989 Bradenton, FL Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases before the Code Enforcement Board; investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section - Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; reviewed final site plans and building permits for Code enforcement; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). a • • Planner I Alachua County Department of Planning and Development June 1980 to June 1984 Gainesville, FL Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted in preparation of Code amendments; provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County Information and Data Book; drafted ordinance revisions; general research. • Graduate Assistant University of Florida Department of Urban and Regional Planning 1979 to 1981 Gainesville, FL Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County Comprehensive Plan. • Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Prepared primarily graphics, for both publication and presentation; Division photographer for 1'/2 years; worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section Conditions Associated With FLD2006-07044 W? 1721 GULF TO BAY BLVD .rs3} Fire Condition James Keller 562-4327 x3062 08/21/2006 Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and Not Met on same side of street as building. PRIOR TO CDB 8/21/2006 9/13/2006 Per conversation with Mr. Keith Zayac hydrant will be added prior to building plans. (JFK) Landscape Wayne Wells, AICP 727-562-4504 08/23/2006 10/11/06 - WW Not Met Proposal now indicates 11.83% of interior landscape area. However, a strip of land along the north side of the parking area south of the adjacent automobile service station counted in this percentage does not qualify, as it does not meet the provisions of the Code. There are also three areas indicated as interior landscape area that are not planted with landscape material to qualify; one is the existing terminal landscape island at the northwest corner of the West Marine Building, the second along the south property line east of the proposed office building and, lastly, the area along the south property line west of the proposed office building. The existing terminal landscape island at the northwest corner of the West Marine Building contains three small palms that do not meet Code requirements. Should the Community Development Board approve this request, such approval should include a condition to revise the landscape plan prior to the issuance of any permits to revise the interior landscape area calculations, lessing out the strip of land along the north side of the parking area south of the adjacent automobile service station and to indicate planting these three areas cited in accordance with Code requirements. 9/14/06 - WW No discussion occurred regarding the applicability of interior landscape area now indicated. Some areas still do not qualify and other areas are not planted in accordance with the requirements. Not all of area south of West Marine can be counted as it is a retention area. Revise and recalculate interior landscape area. 8/23/06 - WW Sheet 4 - Revise areas shown for interior landscape area. Cannot count areas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-1202.E.1. Revise Sheets 4 and 7. Land Resourc e Condition Rick Albee 727-562-4741 08/14/2006 8/14/06-The tree survey is incomplete, show tree #9 and 58 on the appropriate plans prior to CDB. Not Met 9/13/06- Show tree #9 and 58 on the appropriate plans prior to building permit. 08/14/2006 8/14/06-Apply your arborist recommendations as they relate to trees 1-11 and 58-63 if not already Not Met addressed. Revise prior to CDB. 9/16/06-The arborist's recommendations were not adheared to as they relate to some of the trees. Revise all plans prior to building permit. Storm Water Condition Bob Maran 562-4592 08/18/2006 The following conditions are to be met prior to issuance of a building permit: Not Met 1) Provide a copy of the SW FW MD permit 2) Provide soil boring, percolation test and seasonal high water table elevation with drainage calculation analysis. 3) Provide 2 cross sections through the retention pond (east to west and north to south) and provide a stage storage chart showing the pond can hold 12,250 cubic feet of runoff with 6 inches CaseConditons Print Date: 10/11/2006 Page 1 of 3 'J ' • • FLD2006-07044 1721 GULF TO BAY BLVD Storm Water Condition Bob Maran 562-4592 of freeboard. 4) Show on the plan view the outline of the top of bank and the toe of the pond. Traffic Eng Condition Bennett Elbo 562-4775 08/17/2006 1. The traffic signal box shown in the western driveway cannot be exposed to vehicular contact Not Met due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (727)562-4750 to consider the re-locating the traffic signal box and loop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to the ATMS. 9/8/06 - BOX AND LOOP DETECTORS TO BE RELOCATED AT APPLICANT'S EXPENSE. 2. Stop bar with stop sign shall be 4-feet back from back edge of sidewalk or crosswalk. 9/8/06 - MET 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2. (1) of the Florida Building Code Ch. 11. 9/8/06 - MET - MAY NEED ADDITIONAL ACCESS FROM OFFICE BUILDING TO PUBLIC SIDEWALK ALONG DUNCAN AVENUE AT BUILDING PERMIT. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119. 9/8/06 - MET 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5-feet long. 9/8/06 - BACK UP AREA PROVIDED. 6. Provide offstreet loading space for proposed office building in accordance with Community Development Code Section 3-1406.6.1. 9/8/06 - MET 7. How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? 9/8/06 - NO RESPONSE. All of the above to be addressed prior to CDB. General Note(s): 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Zoning Condition Wayne Wells, AICP 727-562-4504 08/01/2006 10/11/06 & 9/14/06 - WW Not Met Comprehensive Sign Program (CSP) SGN2005-09006 was approved on November 9, 2005. A new CSP will be needed for revised location of signage on Duncan Avenue and for attached signage. Signage will need to be coordinated, including sign type, exterior materials and color. 8/1/06 - WW Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd to be located within the visibility triangle. 08/23/2006 10/11/06 & 9/14/06 - WW Not Met Include a condition of approval requiring vacation of the easement prior to the issuance of any permits. 8/23/06 - WW There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within but a small area of this easement. Either revise plans to provide vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). CaseConditons Print Date: 10/11/2006 Page 2 of 3 • FLD2006-07044 1721 GULF TO BAY BLVD • Zoning Condition Wayne Wells, AICP 727-562-4504 08/23/2006 10/11/06, 9/14/06 & 8/23/06 - WW Not Met The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to find a replacement tenant, unless additional off-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. 08/23/2006 10/11/06 & 9/14/06 - WW Not Met South side of the building is bland. 8/23/06 - WW The proposed building does not comply with the Comprehensive Infill Redevelopment Project criteria, which are: 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: * Changes in horizontal building planes; * Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies; railings, awnings, etc.; " Variety in materials, colors and textures; * Distinctive fenestration patterns; * Building stepbacks; and " Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the facade with the primary facade feature as a differentiation of color of cubes. Proposed "yellow" color is too vivid. Staff is not supportive of the design of the proposed building. 08/23/2006 10/11/06, 9/14/06 & 8/23/06 - WW Not Met Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the provision of perimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking, even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". Print Date: 10/11/2006 CaseConditons Page 3 of 3 Wells, Wayne From: Rice, Scott Sent: Friday, September 08, 2006 1:36 PM To: Wells, Wayne Cc: Elbo, Bennett Subject: FLD2006-07044 - 1721 Gulf to Bay Wayne, One Traffic issue not addressed: How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? 9/8/06 - NO RESPONSE. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater..com 0 0 Wells, Wayne From: Kambourolias, Sam Sent: Thursday, September 21, 2006 9:05 AM To: Wells, Wayne Subject: FLD2006-07044 N aerial.doc existing.doc FLD Map request location.doc zone.doc form.doc Sam Kambourolias GI S Tech. (727) 562-4769 www.myclearwater.com 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, September 15, 2006 10:31 AM To: Kambourolias, Sam Cc: Herman, Jason Subject: Map Request for 1721 Gulf to Bay Boulevard Sam - Attached is a map request for Case FLD2006-07044 for the property at 1721 Gulf to Bay Boulevard. I will bring over the paperwork. The survey that I will bring over you may keep. Thanks- Wayne E2J FLD Map request form.doc 0 0 Flexible Development Application - Map Request Planner Name: Wayne Wells Case Number: FLD2006-07044 Date Requested: September 15, 2006 Date Requested for (date): September 29, 2006 Maps Requested X? Location Map X? Aerial Map X? Zoning Map X? -Existing Surrounding Uses Map Required Documents to be submitted to Engineering X? Legal Description X? Survey X? Map with Proposed Site Highlighted Map Name Owner: PBP of Clearwater, LLC Case: FLD2006-07044 Site: 1721 Gulf to Bay Boulevard Property Size(Acres): 2.49 PIN: I 14/29/15/85968/000/0010 Atlas Page: 2978 ICJ n WA ®®10 A. sow A-A ,des a 'B?' 1 ? ?1 WrT ? V ® f v -- I few j+ ?? 288A 2888 , r 28 8A y L ,r i. ,O ?„ t0 O'E I t O " 'v? r LL e a ater -` _ y aai a? ? t I t ? - e ? ,'. ... PREPARED BY _; ? y ^ F R N ': „ ,. o _ m Stw ER eu - q o;c & ; PUBLIC WORKS ADMINISTRATION ENGINEERING I GIS 1100 S. Mrtle ve., Clearwater, FL 3375 %" All . . . - - - ? e e P _ Ph (727)562-4750 Fax: (/27)STli1755 . , f r • . ... ..... '• °N ?;; p - I i? 1i i e1 >. L_ = _ I O ,-• WWW.MYCloar.vater.com -, •, m •,• r Jr - e uet a ofd.en.r. _._ n r--•t ) PUEte hf?metlon pyaM1misMEMtlre Ci dG r n `Kist J . - __ n _, " ,? j • ' e,neror H MEIk NtNaArONtltlnLarYE,]pYleeME.eMmwlDe ea^PfeO ertlwed DylM r.gvlenl MMlM UMe,shpip Nei r• m L_ .. 4 ^.? I{?: , ... uA1 Nf ne T .t S ? 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Wells, Wayne From: Watkins, Sherry Sent: Wednesday, September 13, 2006 3:01 PM To: Wells, Wayne; Kurleman, Scott Subject: FW: Resubmittal for the October 17, 2006 Meeting for CDB FYI Shemj L Watkins Planning Department Administrative Analyst (727) 562-4582 sherry. wa tkins @mycleanuater. corn -----Original Message----- From: Albee, Rick Sent: Wednesday, September 13, 2006 2:53 PM To: Elliott, Gayle; DRC Members Subject: RE: Resubmittal for the October 17, 2006 Meeting for CDB 18746 US 19 N- Conditions met. 100 Park Place- Updated conditions. 1721 Gulf to Bay- Updated conditions. 622 Lembo-No Issues -----Original Message----- From: Elliott, Gayle Sent: Tuesday, September 12, 2006 2:46 PM To: DRC Members Subject: FW: Resubmittal for the October 17, 2006 Meeting for CDB Importance: High added to meeting please review FLD2006-06034 - 622 Lembo Circle Planner: Scott Kurleman -----Original Message----- From: Elliott, Gayle Sent: Friday, September 08, 2006 10:13 AM To: DRC Distribution List Subject: Resubmittal for the October 17, 2006 Meeting for CDB DRC Members, Plans for the following cases have been resubmitted for the October, 17, 2006 CDB meeting: FLD2006-07043 - 18746 US Hwy 19 N - Planner: Wayne Wells FLD2006-05029 - 100 Park Place Blvd. Planner: Wayne Wells FLD2006-07044 - 1721 Gulf to Bay Blvd Planner: Wayne Wells I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mailout). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possibe by 12:pm on, September 12, 2006 0 0 Wells, Wayne From: Rice, Scott Sent: Friday, September 08, 2006 1:36 PM To: Wells, Wayne Cc: Elbo, Bennett Subject: FLD2006-07044 - 1721 Gulf to Bay Wayne, One Traffic issue not addressed: How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? 9/8/06 - NO RESPONSE. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater..com f • tro%.t 2.40 pm Case Number. FLD2006-07004 -- 1721 GULF TO BAY BLVD Owner(s): P B P Clearwater Llc ?• ?? 685 Main St Ste A • Safety Harbor, F134695 PLC TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Abdi Boozar-Jomehri 685 Main Street GftosA Saftey Harbor, F134695 TELEPHONE: 727-725-2550, FAX: 727-725-2317, E-MAIL: pcti@pilotconstruction.com Location: 2.49 acres located on the south side of Gulf to Bay Boulevard between Duncan and Plumosa Avenues. Atlas Page: 297B Zoning District: C, Commercial Request: Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to 7.2 feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to xx feet (to roof deck) and a reduction to required parking from 193 spaces to 105 spaces, as a Comprehensive Infill Redevelopment Project, under the provisisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement) and a reduction to the required foundation landscape area along the north side of West Marine from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Offices Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Skycrest Neighbors Association(s): Clearwater, F133755 121 N Crest Avenue TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Jim Keller, Rick Albee Applicant: Abdi Boozar-Jomehri, Keith Zayac The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, August 31, 2006 - Page 48 1 . Prior to issuance A building permit: • 1. Should 2" fire service line be shown as a 6" line between DDCVA and building? Correct plan as needed. 2. Contractor shall obtain an easement inspection by Engineering Department for the 10-foot easement on south property line prior to concrete pour of foundation. To schedule an inspection, please call the Building Department's 24-Hour Call in Inspection Line at 727-562-4580. The type of inspection will be a "006" (easement inspection). Contractor shall have staked out easement and adjacent property line prior to this inspection. 3. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be installed at least 15-feet from the face of building. 4. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be located no further than 40-feet from the nearest Fire Hydrant Assembly (FHA). 5. Fire Hydrant Setting detail is dated. Please use current City of Clearwater Contract Specifications and Standards Index #402, pg. 2 of 4 or pg. 4 of 4 as applies to this project. 6. Add City index #109 to plans.Sidewalks and sidewalk ramps adjacent to or a part of the project shall be designed and constructed consistent with City of Clearwater Contract Specifications and Standards Index #109, including the A.D.A. (Truncated domes per D.O.T. Index #304.). 7. Provide rim and invert elevations for existing manhole in Duncan Drive. If drop greater that 2-feet applicant shall also include City of Clearwater Contract Specifications and Standards index # 302 pg. 3 of 3, Inside Drop Detail. 8. Applicant shall provide a copy of an approved D.E.P. permit for the installation of the sanitary sewer extension. 9. Provide a copy of an approved health permit for the installation of the domestic water main prior to issuance of a building permit. The health permit application form(s) can be found at: www.dep.state.fl.us/water/drinkingwater/forms.htm 10. Add City Index #305 to plans. Applicant shall provide a double sweep clean-out at the end of the lateral as shown on City of Clearwater Contract Specifications and Standards Index #305, pg. 1 of 3. Prior to issuance of a certificate of occupancy: 11. Applicant shall submit 5 sets of as-built drawings that are signed and sealed by a professional engineer registered in the State of Florida. Public Works/Engineering will field inspect as-built drawings for accuracy. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: 1 . No Issues Fire: Development Review Agenda - Thursday, August 31, 2006 - Page 49 An automatic Cla standpipe system with a Fire Pump is require4d of Manual as stated, 100psi at roof is required. Fire Pump to be located above BFE. PRIOR TO CDB. FDC is required for new building, and shall be a minimum of 15' from building and shall have a fire hydrant within 40'. Hydrant shall not be located on same main as Fire Sprinkler and must be on supply side of double detector check valve. The relocation of the Fire Department Connection from the 1 story commercial building shall not go into the location that is shown keep it 15' from the building and within 40' of Hydrant. Acknowledge PRIOR TO CDB 3 . Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. Required Standpipe Systems shall be in place before construction can proceed to the next level. Please acknowledge PRIOR TO CDB 4. Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and on same side of street as building. PRIOR TO CDB Harbor Master: No issues. Legal: 1 . No issues. Land Resources: 1 . The tree survey is incomplete, show tree #9 and 58 on the appropriate plans prior to CDB. 2. Apply your arborist recommendations as they relate to trees 1-11 and 58-63 if not already addressed. Revise prior to CDB. Landscaping: Development Review Agenda - Thursday, August 31, 2006 - Page 50 Sheet 4 - Revise areas shown for interior landscape area. Cannot c• areas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-1202.E.1. Revise Sheets 4 and 7. 2. Need to upgrade perimeter buffers with plantings (trees, shrubs & groundcovers) to meet Code requirements. 3 . Sheet 7 - Foundation landscaping and portion of perimeter buffer along Plumosa Avenue side could be combined and expanded with tiered plantings. Need to discuss. 4. The landscape island northeast of the proposed office building and west of West Marine, that will have the relocated DCVA, fire hydrant and FDC, appears that landscaping in the eastern half of this island will be severely restricted due to the fire hydrant and FDC clear area requirements for this half to be counted toward interior landscaping. Remove the eastern half from interior landscape calculations. 5 . Shade trees cannot be planted within 20 feet of overhead utilities. There exists overhead utilities along Duncan Avenue, along the south property line adjacent to the proposed office building and along Plumosa Avenue (although next to curb). a. Change to accent trees along Duncan Avenue (two accent trees = one shade tree). b. Suggest changing from palms to accent trees along south property line adjacent to proposed building (possibly crape myrtle; two accent trees = one shade tree). 6. Sheet 7 - Plan shows both an existing hedge along Gulf to Bay Blvd and that it is also a proposed hedge with viburnum shrubs. Site inspection shows them to be existing. While Staff prefers the provision of the required buffer along Gulf to Bay Blvd, if the applicant can't or doesn't want to provide such, then at a minimum, prefer the hedge proposed along Gulf to Bay Blvd to be moved to be adjacent to the parking lot and provide a tiered landscaping of other shrubs and groundcover in front of the hedge. 7. Comprehensive Landscape Program criteria #1 response: It is noted that foundation landscaping for the existing West Marine building is only required on the north and east sides of the building (first sentence asserts it is required on all sides). The assertion in the second sentence that the buffers along Plumosa Avenue and Gulf to Bay Blvd have been significantly increased is in error, as there is no proposal to remove asphalt in these areas. Additional landscaping is not proposed to these areas, and the existing is "minimum" and not demonstrably more attractive than the minimum requirements. It is also noted that the facade of the West Marine building along Plumosa is referred to the "rear" of the building. A more correct statement would be that it is a side of the building fronting on Plumosa Avenue (it may not have an entrance, but it still fronts on the street). It is also noted that the trees and shrubs required along the south side of the proposed office building is the minimum required, and not much more could be placed along this side as the proposal includes a setback reduction to have the building at a five-foot side setback rather than the required 10-foot setback. 8. It is questionable that the shrubs and palm trees proposed along the south side of the building will be able to be planted, since there is an existing (to be retained) 24-inch drainage outfall pipe within this area. Provide a cross-section through this area showing the location of this pipe in relation to the proposed ground elevation, considering the root balls for the proposed shrubs and trees to be planted, and the fact there will be a building foundation and there is a retaining wall along the property line. 9. Comprehensive Landscape Program criteria #3 response: Staff does not agree that the landscaping proposed is "enhanced" but rather minimum and not demonstrably more attractive. 10. Comprehensive Landscape Program criteria #4 response: See comments under criteria #1 relating to foundation landscaping, perimeter buffers and interior landscaping. Parks and Recreation: 1 . No issues - project is 2.49 acres but increase to building coverage is only 29%. Stormwater: Development Review Agenda - Thursday, August 31, 2006 - Page 51 1 . The following cond4 0 itions are to be met prior to issuance of a building pen-nit: 1) Provide a copy of the SWFWMD permit 2) Provide soil boring,percolation test and seasonal high water table elevation with drainage calculation analysis. 3) Provide 2 cross sections through the retention pond (east to west and north to south) and provide a stage storage chart showing the pond can hold 12,250 cubic feet of runoff with 6 inches of freeboard. 4) Show on the plan view the outline of the top of bank and the toe of the pond. Solid Waste: 1 , Linsufficient Solid Waste service suggest double enclosure 2.relocate Dumpster enclosure unable to turn truck around as shown 3.Dumpster enclosure will need to be brought up to code 4.include Dumpster specfication sheet on detail page 5.Cardboard Dumpster needs to be enclosed (not shown on plans) Traffic Engineering: 1 . 1. The traffic signal box shown in the western driveway cannot be exposed to vehicular contact due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (727)562-4750 to consider the re-locating the traffic signal box and loop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to the ATMS. 2. Stop bar with stop sign shall be 4-feet back from back edge of sidewalk or crosswalk. 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2. (1) of the Florida Building Code Ch. 11. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119. 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5-feet long. 6. Provide offstreet loading space for proposed office building in accordance with Community Development Code Section 3-1406.B.1. 7. How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? All of the above to be addressed prior to CDB. General Note(s): 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda - Thursday, August 31, 2006 - Page 52 Delineate and dimeen all required perimeter landscape buffers. Building elevations indicate canopies over the doorways on the east and west sides of the proposed building. These canopies are not indicated on the site plans. Revise. Additionally, since these canopies are over exits from the stairwells, there must be a sidewalk at least 44-inches in width from these doorways (required egresses) to other sidewalks or pavement. Revise. 3. Building elevations: a. Plans need to indicate the color and material of exterior of the building and building elements (need to state on the elevations the material and color of the different building features in black and white); and b. Building height is apparently dimensioned to the peak of the angled parapet in the center of the building elevations. Plans need to dimension the height of the building to the top of the roof deck (since it is a flat roof), the height of the parapets generally and the height of the angled parapets in the center of the building elevations. (Note: The building heights need to placed on the large scale drawings. Presently they are shown on the 8.5" x 11" drawings.) 4. Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd to be located within the visibility triangle. 5 . There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within but a small area of this easement. Either revise plans to provide vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). 6. Based on the shared parking formula of Section 3-1405, the required number of parking spaces is 167. The reduction to required parking is from 167 spaces to 105 spaces (a 37.1 percent reduction). Insert Shared Parking Formula onto plans and revise calculations and request. 7. All on-site utilities must be underground. Any existing above ground utilities on-site must be buried. 8. Exterior of the dumpster enclosure must be fmished with material and be of the same color of the principal building (may need to pick one). 9. Site inspection and photos submitted show the handicap parking spaces on the north side of West Marine different than what is indicated on the plans. Revise. 10. Dimension the existing parking areas (drive aisle widths and parking stall lengths). 11 . Wheel stops required for all parking spaces that abut landscape areas and sidewalks. 12. Demolition Plan Sheet 3 states that the existing West Marine sign on Duncan Avenue will be relocated, but Sheet 4 does not show where the location of the relocated sign. Revise. 13 . The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to fmd a replacement tenant, unless additional off-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. 14. There have been amendments to the Comprehensive Infill Redevelopment Project criteria. The application submitted is not up to date with the new criteria. Need to update the application form and address the new Flexibility criteria. Development Review Agenda - Thursday, August 31, 2006 - Page 53 15. The proposed buil does not comply with the Comprehensive Infill Redevelopment Project criteria, which are: 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: * Changes in horizontal building planes; * Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; * Variety in materials, colors and textures; * Distinctive fenestration patterns; * Building stepbacks; and * Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the facade with the primary facade feature as a differentiation of color of cubes. Proposed "yellow" color is too vivid. Staff is not supportive of the design of the proposed building. 16. Proposed building color scheme: There are three primary building colors (walls, "field finish" and accent finish). It is unclear what these colors are (not named). Additionally, the building elevations only have two primary building colors illustrated. Unclear where some of the colors are proposed. Revise the 8.5" x 11" color scheme and colored building elevations. 17. Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the provision of perimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking, even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". 18. With the office building proposed at only five feet to the south property line, the Building Code will limit the percentage of openings on the south side of the building (Building Code sets restricts the size of openings when the proposed setback is zero to three feet, three feet to 10 feet and over ten feet). Need to check with the Building Plans Reviewers as to the maximum allowable openings and revise the elevation as required, in order to portray an accurate picture to the CDB. 19. General Applicability criteria #1 response: You state "Each property with the exception of the office condominium development, and possibly the convenience store, is a prime candidate for redevelopment and would not justify setting a standard to be in harmony with our proposal." Unclear as to its meaning as to "setting a standard to be in harmony with our proposal." The proposal does not upgrade the site to current standards and the proposal includes a setback reduction for a four-story office building down to five feet. Are you trying to state that since other surrounding properties don't meet Code that this proposal shouldn't? Provide justification as to how this proposed building is in harmony with the bulk and scale of adjacant properties. 20. General Applicability criteria #2 response: You state "The development does not contain any site or building improvements that would physically hinder or discourage development to the surrounding properties." This may be true, but there is also no upgrading of this proposal to current standards to comply with the intent of the Code. It is also noted that hurricane standard windows are required whether you would be proposing a one or four-story building (and/or replacing windows in an existing building). Revise response. Development Review Agenda - Thursday, August 31, 2006 - Page 54 21 . General ApPlicabil criteria #4 response: 0 It is noted that adequate parking is based solely on the existing characteristics of West Marine. Should West Marine leave the existing building in the future for any reason, any future tenant would need to have similar characteristics, or inadequate parking may be an issue. 22. General Applicability criteria #6 response: You state that mechanical equipment will be on the roof and shielded by a decorative parapet. Based on the building elevations and associated notes, the parapet is only four inches high, which will be insufficient to shield views of the rooftop mechanical equipment. Need to revise the statement and/or revise the building elevations. Other: No Comments Notes: It was determined that this may need to come back to DRC. Applicant to talk with client and owner and let us know of progress. Development Review Agenda - Thursday, August 31, 2006 - Page 55 £ x 0 r 46* 2:40 pm Case Number: FLD2006-07044 -- 1721 GULF TO BAY BLVD Owner(s): P B P Clearwater Llc 103160(o 685 Main St Ste A Safety Harbor, F134695 OD TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Abdi Boozar-Jomehri 685 Main Street Saftey Harbor, Fl 34695 TELEPHONE: 727-725-2550, FAX: 727-725-2317, E-MAIL: pcti@pilotconstruction.com Location: 2.49 acres located on the south side of Gulf to Bay Boulevard between Duncan and Plumosa Avenues. Atlas Page: 297B Zoning District: C, Commercial Request: Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to five feet (to proposed building) and from 10 feet to 7.2 feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to xx feet (to roof deck) and a reduction to required parking from 193 spaces to 105 spaces, as a Comprehensive Infill Redevelopment Project, under the provisisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement), a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement) and a reduction to the required foundation landscape area along the north side of West Marine from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Offices Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Skycrest Neighbors Association(s): Clearwater, F133755 121 N Crest Avenue TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Jim Keller, Rick Albee Applicant: Abdi Boozar-Jomehri, Keith Zayac The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, August 31, 2006 - Page 48 1 . Prior to issuance of a building permit: • 1. Should 2" fire service line be shown as a 6" line between DDCVA and building? Correct plan as needed. 2. Contractor shall obtain an easement inspection by Engineering Department for the 10-foot easement on south property line prior to concrete pour of foundation. To schedule an inspection, please call the Building Department's 24-Hour Call in Inspection Line at 727-562-4580. The type of inspection will be a "006" (easement inspection). Contractor shall have staked out easement and adjacent property line prior to this inspection. 3. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be installed at least 15-feet from the face of building. 4. Provide a note or dimension on the plan indicating that the Fire Department Connection (FDC) shall be located no further than 40-feet from the nearest Fire Hydrant Assembly (FHA). 5. Fire Hydrant Setting detail is dated. Please use current City of Clearwater Contract Specifications and Standards Index #402, pg. 2 of 4 or pg. 4 of 4 as applies to this project. 6. Add City index #109 to plans. Sidewalks and sidewalk ramps adjacent to or a part of the project shall be designed and constructed consistent with City of Clearwater Contract Specifications and Standards Index #109, including the A.D.A. (Truncated domes per D.O.T. Index #304.). 7. Provide rim and invert elevations for existing manhole in Duncan Drive. If drop greater that 2-feet applicant shall also include City of Clearwater Contract Specifications and Standards index # 302 pg. 3 of 3, Inside Drop Detail. 8. Applicant shall provide a copy of an approved D.E.P. permit for the installation of the sanitary sewer extension. 9. Provide a copy of an approved health permit for the installation of the domestic water main prior to issuance of a building permit. The health permit application form(s) can be found at: www.dep.state.fl.us/water/drinkingwater/fon-ns.htm 10. Add City Index #305 to plans. Applicant shall provide a double sweep clean-out at the end of the lateral as shown on City of Clearwater Contract Specifications and Standards Index #305, pg. 1 of 3. Prior to issuance of a certificate of occupancy: 11. Applicant shall submit 5 sets of as-built drawings that are signed and sealed by a professional engineer registered in the State of Florida. Public Works/Engineering will field inspect as-built drawings for accuracy. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: I . No Issues Fire: Development Review Agenda - Thursday, August 31, 2006 - Page 49 An automatic Clas• tandpipe system with a Fire Pump is requiredPot Manual as stated, 100psi at roof is required. Fire Pump to be located above BFE. PRIOR TO CDB. FDC is required for new building, and shall be a minimum of 15' from building and shall have a fire hydrant within 40'. Hydrant shall not be located on same main as Fire Sprinkler and must be on supply side of double detector check valve. The relocation of the Fire Department Connection from the 1 story commercial building shall not go into the location that is shown keep it 15' from the building and within 40' of Hydrant. Acknowledge PRIOR TO CDB 3 . Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. Required Standpipe Systems shall be in place before construction can proceed to the next level. Please acknowledge PRIOR TO CDB 4. Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and on same side of street as building. PRIOR TO CDB Harbor Master: 1 . No issues. Legal: 1 No issues. Land Resources: 1 . The tree survey is incomplete, show tree #9 and 58 on the appropriate plans prior to CDB. 2. Apply your arborist recommendations as they relate to trees 1-11 and 58-63 if not already addressed. Revise prior to CDB. Landscaping: Development Review Agenda - Thursday, August 31, 2006 - Page 50 0 Sheet 4 - Revise areas shown for interior landscape area. Cannot coareas within required buffers (15 feet along Gulf to Bay Blvd, 10 feet along Duncan and Plumosa Avenues and five feet adjacent to other property lines. Will need to discuss the applicability of other areas indicated as interior landscape area. Provide the square footage of interior landscape area within each area indicated. Recalculate. In order to qualify as interior landscape area, must also be planted in accordance with Section 3-1202.E.1. Revise Sheets 4 and 7. 2. Need to upgrade perimeter buffers with plantings (trees, shrubs & groundcovers) to meet Code requirements. 3 . Sheet 7 - Foundation landscaping and portion of perimeter buffer along Plumosa Avenue side could be combined and expanded with tiered plantings. Need to discuss. 4. The landscape island northeast of the proposed office building and west of West Marine, that will have the relocated DCVA, fire hydrant and FDC, appears that landscaping in the eastern half of this island will be severely restricted due to the fire hydrant and FDC clear area requirements for this half to be counted toward interior landscaping. Remove the eastern half from interior landscape calculations. 5 . Shade trees cannot be planted within 20 feet of overhead utilities. There exists overhead utilities along Duncan Avenue, along the south property line adjacent to the proposed office building and along Plumosa Avenue (although next to curb). a. Change to accent trees along Duncan Avenue (two accent trees = one shade tree). b. Suggest changing from palms to accent trees along south property line adjacent to proposed building (possibly crape myrtle; two accent trees = one shade tree). 6. Sheet 7 - Plan shows both an existing hedge along Gulf to Bay Blvd and that it is also a proposed hedge with viburnum shrubs. Site inspection shows them to be existing. While Staff prefers the provision of the required buffer along Gulf to Bay Blvd, if the applicant can't or doesn't want to provide such, then at a minimum, prefer the hedge proposed along Gulf to Bay Blvd to be moved to be adjacent to the parking lot and provide a tiered landscaping of other shrubs and groundcover in front of the hedge. 7. Comprehensive Landscape Program criteria #1 response: It is noted that foundation landscaping for the existing West Marine building is only required on the north and east sides of the building (first sentence asserts it is required on all sides). The assertion in the second sentence that the buffers along Plumosa Avenue and Gulf to Bay Blvd have been significantly increased is in error, as there is no proposal to remove asphalt in these areas. Additional landscaping is not proposed to these areas, and the existing is "minimum" and not demonstrably more attractive than the minimum requirements. It is also noted that the facade of the West Marine building along Plumosa is referred to the "rear" of the building. A more correct statement would be that it is a side of the building fronting on Plumosa Avenue (it may not have an entrance, but it still fronts on the street). It is also noted that the trees and shrubs required along the south side of the proposed office building is the minimum required, and not much more could be placed along this side as the proposal includes a setback reduction to have the building at a five-foot side setback rather than the required 10-foot setback. 8. It is questionable that the shrubs and palm trees proposed along the south side of the building will be able to be planted, since there is an existing (to be retained) 24-inch drainage outfall pipe within this area. Provide a cross-section through this area showing the location of this pipe in relation to the proposed ground elevation, considering the root balls for the proposed shrubs and trees to be planted, and the fact there will be a building foundation and there is a retaining wall along the property line. 9. Comprehensive Landscape Program criteria #3 response: Staff does not agree that the landscaping proposed is "enhanced" but rather minimum and not demonstrably more attractive. 10. Comprehensive Landscape Program criteria #4 response: See comments under criteria #1 relating to foundation landscaping, perimeter buffers and interior landscaping. Parks and Recreation: I . No issues - project is 2.49 acres but increase to building coverage is only 29%. Stormwater: Development Review Agenda - Thursday, August 31, 2006 - Page 51 1 . The following con itions are to be met prior to issuance of a building permit: 1) Provide a copy of the SWFWMD permit 2) Provide soil boring,percolation test and seasonal high water table elevation with drainage calculation analysis. 3) Provide 2 cross sections through the retention pond (east to west and north to south) and provide a stage storage chart showing the pond can hold 12,250 cubic feet of runoff with 6 inches of freeboard. 4) Show on the plan view the outline of the top of bank and the toe of the pond. Solid Waste: 1 , Linsufficient Solid Waste service suggest double enclosure 2.relocate Dumpster enclosure unable to turn truck around as shown 3.Dumpster enclosure will need to be brought up to code 4.include Dumpster specfication sheet on detail page 5.Cardboard Dumpster needs to be enclosed (not shown on plans) Traffic Engineering: 1 , 1. The traffic signal box shown in the western driveway cannot be exposed to vehicular contact due to weight limitations. Make an appointment with Ricky Hess or Cory Martens at (727)562-4750 to consider the re-locating the traffic signal box and loop detectors. Loop Detectors (n-b) may be exposed to traffic coming out of driveway which will give false readings to the ATMS. 2. Stop bar with stop sign shall be 4-feet back from back edge of sidewalk or crosswalk. 3. Provide an ADA compliant accessible paths from public sidewalk to the office building and commercial building per section 11-4.3.2. (1) of the Florida Building Code Ch. 11. 4. The handicap parking spaces located north of the existing commercial building shall be brought into compliance with City index 118 and Index 119. 5. Demonstrate how a vehicle can enter and exit the two parking stalls located at the southwest end of the office building. Use a scaled vehicle 17.5-feet long. 6. Provide offstreet loading space for proposed office building in accordance with Community Development Code Section 3-1406.B.1. 7. How does location of the proposed office building affect access to the existing truck well south of the existing commercial building? All of the above to be addressed prior to CDB. General Note(s): 1) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda - Thursday, August 31, 2006 - Page 52 Delineate and dimension all required perimeter landscape buffers. • Building elevations indicate canopies over the doorways on the east and west sides of the proposed building. These canopies are not indicated on the site plans. Revise. Additionally, since these canopies are over exits from the stairwells, there must be a sidewalk at least 44-inches in width from these doorways (required egresses) to other sidewalks or pavement. Revise. 3 . Building elevations: a. Plans need to indicate the color and material of exterior of the building and building elements (need to state on the elevations the material and color of the different building features in black and white); and b. Building height is apparently dimensioned to the peak of the angled parapet in the center of the building elevations. Plans need to dimension the height of the building to the top of the roof deck (since it is a flat roof), the height of the parapets generally and the height of the angled parapets in the center of the building elevations. (Note: The building heights need to placed on the large scale drawings. Presently they are shown on the 8.5" x 11" drawings.) 4. Code will require bringing all signage into compliance with current Code requirements. Show on the civil and landscape plans all existing and proposed freestanding sign locations (Note: Survey is old and indicates freestanding signage on Gulf to Bay Blvd not as it exists today). Sheet 4 shows existing sign on Gulf to Bay Blvd to be located within the visibility triangle. 5 . There exists an ingress/egress easement along the north property line. Existing and proposed improvements prevent vehicular access within but a small area of this easement. Either revise plans to provide vehicular access within the easement, need to vacate the easement (if no longer necessary) or relocate the easement (if still necessary). 6. Based on the shared parking formula of Section 3-1405, the required number of parking spaces is 167. The reduction to required parking is from 167 spaces to 105 spaces (a 37.1 percent reduction). Insert Shared Parking Formula onto plans and revise calculations and request. 7. All on-site utilities must be underground. Any existing above ground utilities on-site must be buried. 8 . Exterior of the dumpster enclosure must be finished with material and be of the same color of the principal building (may need to pick one). 9. Site inspection and photos submitted show the handicap parking spaces on the north side of West Marine different than what is indicated on the plans. Revise. 10. Dimension the existing parking areas (drive aisle widths and parking stall lengths). 11 . Wheel stops required for all parking spaces that abut landscape areas and sidewalks. 12. Demolition Plan Sheet 3 states that the existing West Marine sign on Duncan Avenue will be relocated, but Sheet 4 does not show where the location of the relocated sign. Revise. 13 . The requested reduction to required parking is based on the characteristics of the existing retail sales and services use (West Marine), as embodied in the Parking Study. Should this request be approved, any approval will include a condition restricting future use of the building to a use with similar characteristics. Such a condition, should West Marine leave for any reason, would make it difficult to find a replacement tenant, unless additional off-street parking is provided. Based on prior circumstances at other locations, Staff is concerned with such a condition where inadequate parking will exist in the future and there is no other place to add additional parking on-site. 14. There have been amendments to the Comprehensive Infill Redevelopment Project criteria. The application submitted is not up to date with the new criteria. Need to update the application form and address the new Flexibility criteria. Development Review Agenda - Thursday, August 31, 2006 - Page 53 15. The proposed build does not comply with the Comprehensive Inf l edevelopment Project criteria, which are: 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: * Changes in horizontal building planes; * Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; * Variety in materials, colors and textures; * Distinctive fenestration patterns; * Building stepbacks; and * Distinctive roofs forms. The proposed building appears as a rectangle with window "holes" punched into the facade with the primary facade feature as a differentiation of color of cubes. Proposed "yellow" color is too vivid. Staff is not supportive of the design of the proposed building. 16. Proposed building color scheme: There are three primary building colors (walls, "field finish" and accent finish). It is unclear what these colors are (not named). Additionally, the building elevations only have two primary building colors illustrated. Unclear where some of the colors are proposed. Revise the 8.5" x 11" color scheme and colored building elevations. 17. Staff is not supportive of this proposal for the following reasons: a. With the redevelopment and improvement of properties, the Code anticipates the upgrading of properties to meet the standards of the Code. In this case the proposal includes the addition of a new building to the site but virtually no improvement to the existing site, including the provision of perimeter buffers, interior landscaping and foundation landscaping meeting Code requirements. b. The addition of the proposed building requires a significant reduction to required parking, even with the submission of a parking study, at the expense of the future reuse of the existing retail building (one that would have the same characteristics). c. The proposed building is not attractive, does not meet the criteria of Comprehensive Infill Redevelopment Project and does not meet required setbacks, especially in light of it proposed to be four-stories in height (at only a five-soot side setback). d. The overall site looks "squeezed". 18 . With the office building proposed at only five feet to the south property line, the Building Code will limit the percentage of openings on the south side of the building (Building Code sets restricts the size of openings when the proposed setback is zero to three feet, three feet to 10 feet and over ten feet). Need to check with the Building Plans Reviewers as to the maximum allowable openings and revise the elevation as required, in order to portray an accurate picture to the CDB. 19. General Applicability criteria #1 response: You state "Each property with the exception of the office condominium development, and possibly the convenience store, is a prime candidate for redevelopment and would not justify setting a standard to be in harmony with our proposal." Unclear as to its meaning as to "setting a standard to be in harmony with our proposal." The proposal does not upgrade the site to current standards and the proposal includes a setback reduction for a four-story office building down to five feet. Are you trying to state that since other surrounding properties don't meet Code that this proposal shouldn't? Provide justification as to how this proposed building is in harmony with the bulk and scale of adjacant properties. 20. General Applicability criteria #2 response: You state "The development does not contain any site or building improvements that would physically hinder or discourage development to the surrounding properties." This may be true, but there is also no upgrading of this proposal to current standards to comply with the intent of the Code. It is also noted that hurricane standard windows are required whether you would be proposing a one or four-story building (and/or replacing windows in an existing building). Revise response. Development Review Agenda - Thursday, August 31, 2006 - Page 54 21. General Applicability criteria #4 response: • It is noted that adequate parking is based solely on the existing characteristics of West Marine. Should West Marine leave the existing building in the future for any reason, any future tenant would need to have similar characteristics, or inadequate parking may be an issue. 22. General Applicability criteria #6 response: You state that mechanical equipment will be on the roof and shielded by a decorative parapet. Based on the building elevations and associated notes, the parapet is only four inches high, which will be insufficient to shield views of the rooftop mechanical equipment. Need to revise the statement and/or revise the building elevations. Other: No Comments Notes: Development Review Agenda - Thursday, August 31, 2006 - Page 55 0 • INA, px- ova i?Qro?s?1J1 SNAwcaow. ?CV%,%r(?,?.,?._ IA - - `1 j VNM C, / - 7A(- ?__/VQri tA1A???: _ ?c ? . a•?. twr? ti_ . s;. ?,?_,? _ d <<? u e a,,?.._aba. _?.?•. e?. - _ 4 j aa??10vc- 4o )4j) qVjr WEEKDAY WEEKEN D PE OF USE MIN SQUARE PARKING MINIMUM + E in i ; E D I enin ' Evenin E D TY , FTG REQ'D Night Night Day ven g ven ng, Day ay g v g ay REQD Midnight Midnight < 9 a.m. - 9 a.m. - 6 p.m. - 6 p.m. - 9 a.m. - 9 a.m. - 6 p.m. - 6 p.m. - ( s 6 a.m. 6 a.m. 4 p.m 4 p.m. midnight! midnight 4 p.m. 4 p.m. midnight midnight - ---------- ... _ _? 5% 100% : 70% 10% 90% 10% -- 100% 5% 70% w . Retail Sales 5 22209 111.045 5.55 111.05 i 11.10 „ 11.1 0 5.55 Offices 4 20050 80.2 4_01 56.14 72.18 80.20 56.14 42259 191 10 a 167 83 91 62 totals 9 0 Di;y sion of Corporations 4) 0 Pagel of 2 1 ?r?i rr t ,? ar?i?t?j?}}ttt cif Slrzlc. j?'vi".?P w ? Si i f I zr?zilstrtr ti r,r 't1?b c U-tq y Florida Limited Liability P B P OF CLEARWATER, LLC PRINCIPAL ADDRESS 685 MAIN ST STE A SAFETY HARBOR FL 33495 US Changed 04/08/2005 MAILING ADDRESS 685 MAIN ST STE A SAFETY HARBOR FL 33495 US Changed 04/08/2005 Document Number FEI Number Date Filed L04000046800 020725545 06/22/2004 State Status Effective Date FL ACTIVE 06/22/2004 Total Contribution 0.00 Registered Agent Name & Address BOOZARJOMEHRI, ABDI 200 9TH AVENUE NORTH STE 200 SAFETY HARBOR FL 33495 Manager/Member Detail Title d ress Name & Ad BOOZARJOMEHEI, ABDI 685 MAIN ST, STE A MGRM SAFETY HARBOR FL 34695 US http://www. sunbiz.org/scripts/cordet.exe?a1=DETFIL&n1=LO4000046800&n2=NAMFWD... 8/l/2006 r;,,, Dijision of Corporations is Annual Reports 0 Report Year IF- Filed Date 2005 04/08/2005 2006 04/10/2006 Page 2 of 2 Previous Filing Return to List I Next Filing No Events No Name History Information Document Images Listed below are the images available for this filing. 04/10/2006 -- ANN REWUNIFORM BUS REP 04/08/2005 -- ANN REP/UNIFORM BUS REP 06/22/2004 -- Florida Limited Liability THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Carpozations Inquiry L Corporations Help E http://www. sunbiz. org/scripts/cordet.exe?al =DETFIL&n1=L04000046800&n2=NAMF"... 8/1/2006 Dil.sion of Corporations • t:?fr ? ? L l ?r. d a r} tl E S1 ?tf 4?k? Qf? cQ+' ?t? ' + 1 11,rJ??1.Gtrl. it<.rl]' "Y' t%qu -y' Florida Profit PILOT CONSTRUCTION TECHNOLOGY, INC. PRINCIPAL ADDRESS 685 MAIN STREET SUITE A SAFETY HARBOR FL 34695 Changed 04/08/2005 • Pagel of 2 MAILING ADDRESS 685 MAIN STREET SUITE A SAFETY HARBOR FL 34695 Changed 04/08/2005 Document Number L91406 FEI Number 650218887 Date Filed 08/07/1990 State FL Last Event NAME CHANGE AMENDMENT Status ACTIVE Event Date Filed 10/26/1990 I A Effective Date NONE Event Effective Date NONE 1tCV-151.C1-CU JAV-U111. Name & Address RUBAII, JAWDET I 1358 MISSOURI AVE CLEARWATER FL 33756 Name Changed: 05/06/1999 Address Changed: 05/06/1999 Officer/Director Detail 17 Name & Address 11 Title BOOZAR-JOMEHRI, ABDI R 685 MAIN ST SUITE A P http ://www. sunbiz. org/scripts/cordet. exe?a 1=DETFIL&n 1=L91406&n2=NAMFWD&n3=0... 8/l/2006 D1'sion of Corporations • Page 2 of 2 II SAFETY HARBOR FL 34695 II??I Annual Reports Report Year Filed Date 2004 04/14/2004 2005 04/08/2005 2006 04/10/2006 Previous Filing Return to List Next Filing View Events View Name History Document Images Listed below are the images available for this filing. 04/10/2006 -- ANN REP/UNIFORM BUS REP 04/08/2005 -- ANN REP/UNIFORM BUS REP 04/14/2004 -- ANN REP/UNIFORM BUS REP 04/24/2003 -- ANN REP/UNIFORM BUS REP 04/22/2002 -- COR - ANN REP/UNIFORM BUS REP 04/26/2001 -- ANN REWUNIFORM BUS REP 04/22/2000 -- ANN REP/UNIFORM BUS REP 05/06/1999 -- ANNUAL REPORT 04/15/1998 -- ANNUAL REPORT 04/11/1997 -- ANNUAL REPORT 1108/01/1996 -- 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT Ct?rparations Inquiry ? Corporations Help 4 http ://www. sunbiz. org/scripts/cordet. exe?a 1=DETFIL&n 1=L91406&n2=NAMF WD&n3=0... 8/1/2006 Pilellas County Property App er Information: 14 29 15 85968 000 0 ' Page 2 of 5 14 1 29./ 15 185988 1 000 1 0010 01-Aug-2006 Jim Smith, CFA Pinellas County Property Appraiser 08:49:20 Ownership Information Non-Residential Property Address, Use, and Sales P B P CLEARUATER LLC OBK: 13688 OPG: 0576 685 MAIN ST STE A SAFETY HARBOR FL 34695-3562 EVAC: Non-EUAC Comparable sales value as Prop Addr: 1721 GUL F TO BAY BLUD of Jan 1, 2005, based on Census Tract: 266.01 2004 f 2003 : sales rom - 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 7 /2,004 13,6881 576 1,900,000 (Q) I 1931: Book 019 Pgs 100- 7 /1,994 8,7201 709 825,000 (U) I 0000: Book Pgs - 0 /1,975 4,294/1,398 412,000 (Q) I 0000: Book Pgs - 0 /1,971 3,692/ 130 185,000 (Q) I 2005 Value EXEMPTIONS Just/Market: 1,669,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 1,669,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 1,669,000 Agricultural: 0 2005 Tax Information District: Cu Seawall: Frontage: Clearwater View: 05 Millage: 23.2372 Land Size Unit Land Land Land Front x Depth Price Units Meth 05 Taxes: 38,782.89 1) 150 x 344 7. 50 109, 644. 0 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-Homes 4) 0 x 0 .00 .00 cap, 2005 taxes will be : 5) 0 x 0 .00 .00 38, 782.89 6) 0 x 0 . 00 00 Without any exemptions, 2005 taxes will be 38, 782.89 Short Legal SUBURB BEAUTIFUL REPLAT OF BLK D Description PT OF TRACT A DESC BEG HE COR OF TR A TH S02DE 342FT Building Information http:H136.174.187.131htbinlcgi-scr3?o=l &a=1 &b=1 &c=l &r=.16&s=4&t3=1 &u=0&p=14+... 8/1/2006 s Piiellas County Property App o er Information: 14 29 15 85968 000 140 Page 3 of 5 Property__and_..Land Use..Code_descriptions 14 / l 29 / 15 85968 1 000 I 0010 :01 01-Aug-2006 Jim Smith, CFA Pinellas County Property Appraiser 08:49:20 Commercial Card 01 of i Improvement Type: Retail Store Property Address: 1721 GULF TO BAY BLVD Prop Use: 320 Land Use: 11 Structural E1?m?nts Foundation Spread/Mono Footing Floor System Slab on Grade Exterior Wall Cone Block/Stucco Height Factor 20 Party Wall None Structural Frame Masonry Pillar&Steel Roof Frame Bar Joist/Rigid Fran Roof Cover Built Up/Metal/Gyps Cabinet & Mill Average Floor Finish Vinyl Asbestos Tile Interior Finish Drywall Total Units 0 Heating & Air Heating&Cooling Pckg Fixtures 9 Bath Tile Floor Only Electric Average Shape Factor Rectangle Quality Average Year Built 11995 Effective Age 10 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Areas Description Factor Area Description Factor Area 1) Base Area 1.00 17,136 7) .00 0 2) Garage 55 5,040 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 COmmE?rGla1 Extra Fcatures Description Dimensions Price Units Value RCD Year 1) FIRESPRINK 22176SF 1.75 22,176 38,810 32,600 1,995 2) ASPHALT 25250SF 1.75 25,250 44,190 44,190 999 3) FRGT RAMP 17X80 12.00 1,360 16,320 16,320 1,995 4) LOAD DOCK 17X18 15.00 306 4,590 4,590 1,995 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 97,700 Map With Property Address (non-vacant) F4? ]K F*1 T Rel FIE? RI http://136.174.187.13/htbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=14+... 8/1/2006 ' PAellas County Property Apver Information: 14 29 15 85968 000 0 (?E L ? ROO rE 17„00 TO ra G &L-FT TO 13S ELVIS W 1735 T? F Ui Page 4 of 5 0 M PH 17. GL Ti PLUMOSA PH N AVE PLUMOSA AVE PH A? PL ?VFS PH f Z PLAVEE5' F- -UMCAN 9 1 51919- Ui PL qsq PLk,`QeA PHA PL UMOSA AVE I 544 1 P7imv .4 UST 1/8 Mi le Aerial Photograph (2002) http://136.174.187.13/htbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p=14+... 8/1/2006 BLVD PiWellas County Property Appr er Information: 14 29 15 85968 000 00 ) 1'a,;c 5 of 5 Pinellas County Property Appraiser Parcel Information Back to-Search Page An explanation of this screen http:// l 36.174.187.13/htbin/cgi-scr3?o=l &a=l &b=1 &c=l &r=.16&s=4&t3=1 &u=0&p=14+... 8/1/2006 I If 9 0 CITY OF CLEARWATER "NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, October 17, 2006, beginning at 1:00 P.M., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Canterbury, LLC. (Housh Ghovaee, Northside Engineering Services, Inc) are requesting (1) Flexible Development approval to permit ten attached dwellings (townhomes) in the Medium High Density Residential (MHDR) District with a reduction to the minimum lot width from 150 to 140 ft, a reduction to the front (east) setback from 25 to zero ft (to trash staging area), a reduction to the side (north and south) setback from 10 to five ft (to building), a reduction to the rear (west) setback from 15 to six ft (to dumpster enclosure), as a Residential Infill Project under the provisions of Sect. 2-404.F, and reduction to the side (north & south) landscape buffers from 10 to five ft, as a Comprehensive Landscape Program under the provisions of Sec. 3-1202.G; (2) Preliminary Plat approval for a 10 lot subdivision. Proposed Use: Attached dwellings (10 townhomes). at 622 Lembo Circle Lembo Sub Lots 6-7. Assigned Planner: A. Scott Kurleman, Planner II. FLD2006-06034 2. Park Isle Condominium Development, LLC (Timothy A. Johnson, Esq., Johnson, Pope, Bokor, Ruppel & Burns) are requesting Flexible Development approval for the Termination of Status of Nonconformity (1) to permit the continuation of 390 attached dwelling units in the Commercial, Office and Preservation Districts, (2) to permit a parking ratio of 1.77 parking spaces per dwelling unit (total of 693 spaces), where two spaces per dwelling unit are required (780 spaces), (3) to permit two multi-family development signs to remain at a ht of 11 ft (where a maximum of six ft high is permitted) and with an area of 45 square ft (where a maximum of 24 square ft is permitted) and (4) to permit a prohibited sign to remain within the Park Place Blvd right- of-way at Gulf to Bay Blvd. with a ht of six ft and an area of 45 square ft, under the provisions of Sec. 6-109.C. Existing Use: 390 attached dwellings at 100 and 101 Park Place Blvd, S, Storz Ophthalmics, Inc, Park Place Lots 2-3. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2006-05029 3. PBP of Clearwater, Inc (Pilot Construction Technology, Inc.) are requesting Flexible Development approval to permit a 20,050 sq-ft office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 ft to 7.29 ft (to existing pavement), a reduction to the front (west) setback from 25 ft to 5.53 ft (to existing pavement), reductions to the front (east) setback from 25 ft to 22.91 ft (to existing building) and from 25 ft to 10.82 ft (to existing pavement), a reduction to the side (west) setback from 10 ft to 5.33 ft (to existing pavement), a reduction to the side (north) setback from 10 ft to 6.48 ft (to existing pavement), reductions to the side (south) setback from 10 ft to 5 ft (to proposed building) and from 10 ft to 7 ft (to existing pavement), a reduction to the rear (west) setback from 20 ft to 4.77 ft (to existing • 0 pavement), an increase to building ht from 25 ft to 50 ft (to roof deck) and a reduction to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Blvd. from 15 ft to 7.29 ft (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Ave. from 10 ft to 5.53 ft (to existing pavement), a reduction to the perimeter landscape buffer along the west from 5 ft to 4.77 ft (to existing pavement), and a reduction to the required foundation landscape area along the north side of the West Marine building from 5 ft to 3 ft, as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G.. (Proposed Use: Addition of a 20,050 sq-ft office building [existing 22,209 sq-ft retail sales and services - West Marine]) at 1721 Gulf to Bay Blvd., Suburb Beautiful Replat of Blk D Pt of Tract A Desc Beg NE Cor of Tr A Th S02DE 342 ft. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2006-07044 4. Forrest R. Garrison, Trustee (Greg Jung, Earth Wash) are requesting Flexible Development approval to permit limited vehicle service (car wash) in addition to existing offices and retail sales and services in the Commercial (C) District with a reduction to the front (east) setback from 25 ft to zero ft (to existing pavement), a reduction to the side (north) setback from 10 ft to zero ft (to existing pavement), reductions to the side (south) setback from 10 ft to 3.9 ft (to existing shed) and from 10 ft to 4 ft (to existing dumpster enclosure), reductions to the rear (west) setback from 20 ft to 8 feet (to existing shed), from 20 ft to 11 ft (to existing shuffleboard courts) and from 20 ft to zero ft (to existing concrete pad) and deviations to allow back-out parking into the US Highway 19 right-of- way, to allow car wash bays to face US Highway 19 and to allow the car wash contiguous to residentially zoned property, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-704.C, and reductions to perimeter buffers along US Highway 19 (east) from 15 ft to zero ft, along the north property line from 5 ft to zero ft (to existing pavement), along the south property line from 5 ft to 3.9 ft (to existing shed) and from 5 ft to 4 ft (to existing dumpster enclosure) and along the west property line from 10 ft to 8 ft (to existing shed) and from 10 ft to zero feet (to existing concrete pad), as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G. (Proposed Use: Conversion and expansion of a drive-thru restaurant to a car wash, in addition to existing offices and retail sales and services) at 18740 and 18746 US Highway 19 N. 19-29-16, M & B, 410-0910. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2006-07043 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning 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 quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, 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. Five days prior to the meeting, staff reports 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 Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND 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 http://clearwater.granicus.comNiewPublisher.i)hp?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad. 10/06/06 FLD2006-07044: 102 • AILOR, DIANE AILOR, MICHAEL AMERICAN LEGION 1808 FINDERNE ST AILOR, DIANE TURNER-BRANDON OAKHURST NJ,07755 - 2827 571 S DUNCAN AVE 1760 TURNER ST CLEARWATER FL 33756 - 6255 CLEARWATER FL 33756 - 6247 ANDERSON, JOHN R ANDRUS DONNA AUTO ZONE INC ANDERSON, MELISSA L , 500 N OSCEOLA AVE # PH-E PO BOX 2198 1739 MARION ST CLEARWATER FL 33755 - 3933 MEMPHIS TN 38101 - 2198 CLEARWATER FL 33756 - 6200 AYERS, JUDY S AYERS, SACLARIDES & CO PA BAKER, JAMES S 1735 E TURNER ST 567 S DUNCAN AVE 3026 GRANDVIEW AVE CLEARWATER FL 33756 - 6240 CLEARWATER FL 33756 - 6255 CLEARWATER FL 33759 - 3407 BAKER, WEBSTER E JR THE BATTEN, BARBARA J BAKER, ROBB W BAKER, LOIS D THE BATTEN, STEVEN 619 SPENCER AVE 1735 MARION ST 1709 TURNER ST CLEARWATER FL 33756 - 6236 CLEARWATER FL 33756 - 6200 CLEARWATER FL 33756 - 6240 BATTISTA, JOHN M BINDER ROBERT A BOOSALIS, PETER C BATTISTA, DOREEN M , 36 MIDWAY IS BOOSALIS, BESSIE 561 S DUNCAN AVE CLEARWATER FL 33756 - 6255 CLEARWATER FL 33767 - 2311 12 WORSLEY CT UNIONVILLE ON L3R 1V4 00030 - CANADA BRUNO, ARTHUR H BYARS LINDA G BYARS, TRACY A BRUNO, MARY L , 1726 MARION ST BYARS, LINDA G PO BOX 1210 CLEARWATER FL 33756 - 6227 1730 MARION ST AMHERST NH 03031 - 1210 CLEARWATER FL 33756 - 6227 CAMMARATA THOMAS J Clearwater Neighborhoods Coalition COLEMAN, JEFFREY P PA , 541 PLUMOSA AVE Sondra Kerr, President 581 S DUNCAN AVE CLEARWATER FL 33756 - 6234 P.O. Box 8204 Clearwater, FL 33758 CLEARWATER FL 33756 - 6256 COSTA, JUAN M CURRENT OWNER CURRENT OWNER 612 S DUNCAN AVE 1739 TURNER ST 2134 BEECHER RD CLEARWATER FL 33756 - 6212 CLEARWATER FL 33756 - 6240 CLEARWATER FL 33763 - 2210 DAPRSG LANDHOLDING INC DELP, DORIS K DI ROCCA PARTNERSHIP 1724 GULF TO BAY BLVD MINIER, CLIFFORD H 1736 GULF TO BAY BLVD CLEARWATER FL 33755 - 6504 1657 TURNER ST # A CLEARWATER FL 33755 - 6504 CLEARWATER FL 33756 - 6246 DIESTLER, SHAWN E DOLES, ANTHONY F DROZDIK, ROBERT DIESTLER, KIMBERLY A 1752 TURNER ST 1740 MARION ST 1715 MARION ST CLEARWATER FL 33756 - 6241 CLEARWATER FL 33756 - 6227 CLEARWATER FL 33756 - 6200 EDWARDS, DARRYL J WUTHRICH, RICHELLE E 2024 BELLEAIR RD CLEARWATER FL 33764 - 2563 EXNER, CAROLYN 101 S METEOR AVE CLEARWATER FL 33765 - 3545 GAVIN, JOSEPH 525 PHOENIX AVE CLEARWATER FL 33756 - 6228 HAMILTON, BRUCE R HAMILTON, NONA C 545 PLUMOSA AVE CLEARWATER FL 33756 - 6234 HOLMAN, WILLIAM V HOLMAN, MARTHA S 700 SPENCER AVE CLEARWATER FL 33756 - 6239 IDEAL PROPERTY MGMT CORP 1735 GULF TO BAY BLVD CLEARWATER FL 33755 - 6503 JONES, HELEN M PO BOX 7346 CLEARWATER FL 33758 - 7346 KING, JAMES O KING, JUDY O 1743 TURNER ST CLEARWATER FL 33756 - 6240 LIU, SAM C LIU, JUDY Y 1409 PALM AVE # A SAN GABRIEL CA 91776 - 3356 • EDWARDS, FITZROY EDWARDS, MARVA 1731 MARION ST CLEARWATER FL 33756 - 6200 GALANIDA, JOANNE N 520 BOCA CIEGA PT BLVD N ST PETERSBURG FL 33708 - 2732 GIANFILLIPPO, PETER GIANFILLIPPO, MICHAEL 520 PHOENIX AVE CLEARWATER FL 33756 - 6229 HAMILTON, KIMBERLEE J 1712 MARION ST CLEARWATER FL 33756 - 6227 HOME FASHION PARTNERS PO BOX 18614 TAMPA FL 33679 - 8614 JENKINS, LINDA D 1701 MARION ST CLEARWATER FL 33756 - 6200 JONES, ROBERT L 2946 GULF TO BAY BLVD # 66 CLEARWATER FL 33759 - 4222 KLAUCK, RICHARD A KLAUCK, CHARLENE 614 SPENCER AVE CLEARWATER FL 33756 - 6237 LONG, HOWARD G LONG, KATHRYN M 1720 MARION ST CLEARWATER FL 33756 - 6227 • EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 GALPIN PROPERTIES LLC 553 S DUNCAN AVE CLEARWATER FL 33756 - 6255 GRIFFIN, DAVID W 565 S DUNCAN AVE CLEARWATER FL 33756 - 6255 HOLMAN, MICHAEL L 702 PHOENIX AVE CLEARWATER FL 33756 - 6233 HUNTING, DEBORAH HUNTING, JOSEPH 736 ISLAND WAY # 905 CLEARWATER FL 33767 - 1818 JENSEN, HOLGER B 544 PLUMOSA AVE CLEARWATER FL 33756 - 6235 JOY, CLAYTON T PO BOX 82 ST PETERSBURG FL 33731 - 0082 KONRAD, MAREK 1719-1721 TURNER ST CLEARWATER FL 33756 - 6240 M S S K HOLDINGS 4344 CENTRAL AVE ST PETERSBURG FL 33711 - 1141 MACHU, MILOSLAV MACHU, MILOSLAV MAJEC REALTY HOLDINGS LLC 125 W CYPRESS CT 604 SPENCER AVE 1901 ULMERTON RD STE 750 OLDSMAR FL 34677 - 6102 CLEARWATER FL 33756 - 6237 CLEARWATER FL 33762 - 2326 ftb? MALZ, JAMES 1700 MARION ST CLEARWATER FL 33756 - 6227 MURRAY, BARBARA A 1725 MARION ST CLEARWATER FL 33756 - 6200 O'HANLAN, MICHAEL 1705 MARION ST CLEARWATER FL 33756 - 6200 P J S AUTO WORLD INC 1594 S FT HARRISON AVE CLEARWATER FL 33756 - 2074 PEOPLES BANK 32845 US HIGHWAY 19 N PALM HARBOR FL 34684 - 3123 PETERSON, KENNETH D PETERSON, WENDY C 1810 DRUID RD E CLEARWATER FL 33764 - 4628 RAULERSON, ANNABELL 707 SPENCER AVE CLEARWATER FL 33756 - 6238 SCHROEDER, TIMOTHY R 608 PHOENIX AVE CLEARWATER FL 33756 - 6231 SPECK, CARL H THE TRUST 2-19-91 238 N HAMBDEN ST CHARDON OH 44024 - 1124 • MILLER, MERRILY ROSENBLATT, DAVID 573 S DUNCAN AVE # 2 CLEARWATER FL 33756 - 6256 NICOVIC, FIORELLA 1748 LONG BOW LN CLEARWATER FL 33764 - 6402 OLIVEROS, ROGELIO L OLIVEROS, AURORA R 3401 SALISBURY DR HOLIDAY FL 34691 - 4740 PAVLESZEK, ELIZABETH 618 S DUNCAN AVE CLEARWATER FL 33756 - 6212 PERSONS, JAMES S 535 PLUMOSA AVE CLEARWATER FL 33756 - 6234 POLAND, DENNIS R POLAND, RACHEL M 527 PLUMOSA AVE CLEARWATER FL 33756 - 6234 RI CS2 LLC ATTN PORTFOLIO MGMT - 0030 PO BOX 460069 ESCONDIDO CA 92046 - 0069 SCOTT, ROBERT W SCOTT, BETTY J 10 SKYVIEW TER HOLLISTON MA 01746 - 2405 ST PAUL'S LUTHERAN CHURCH 407 S SATURN AVE CLEARWATER FL 33755 - 6597 MORRISON, SCOTT E 713 SPENCER AVE CLEARWATER FL 33756 - 6238 NICOVIC, GEORGE 1748 LONG BOW LN CLEARWATER FL 33764 - 6402 P B P CLEARWATER LLC 685 MAIN ST STE A SAFETY HARBOR FL 34695 - 3562 PBP of Clearwater, Inc. 1721 Gulf to Bay Blvd. Clearwater, FL 33757 PETERS, R TIMOTHY PETERS, RUTH A 2394 ALLIGATOR CREEK RD CLEARWATER FL 33765 - 2205 PRIOLO, BELINDA J 1736 MARION ST CLEARWATER FL 33756 - 6227 SACHS, MYRTLE B 620 SPENCER AVE CLEARWATER FL 33756 - 6237 Skycrest Neighbors Joanna Siskin, President 121 N. Crest Avenue Clearwater, FL 33755 STAWICKI, JOHN P 527 PHOENIX AVE CLEARWATER FL 33756 - 6228 STETLER, BENJAMIN T SUNRISE HOLDING DEV CO TELLEZ, MIGUEL A 439 ISLAND WAY 7127 PELICAN ISLAND DR 614 PHOENIX AVE CLEARWATER FL 33767 - 2139 TAMPA FL 33634 - 7461 CLEARWATER FL 33756 - 6231 TOWN CENTRE CONDO ASSN TSOLIS, LYCOURGOS NICOVIC, GEORGE 581 S DUNCAN AVE 524 PHOENIX AVE CLEARWATER FL 33756 - 6256 CLEARWATER FL 33756 - 6229 VITREO-RETINAL ASSOC TPA BAY WARD, CHARLES L 4600 N HABANA AVE STE 3 1706 MARION ST TAMPA FL 33614 - 7123 CLEARWATER FL 33756 - 6227 WILLIAMS, JASON S YOUNGBLOOD, CLARENCE L 701 SPENCER AVE 1270 BURMA AVE CLEARWATER FL 33756 - 6238 CLEARWATER FL 33764 - 5020 TUCKER, ORVILLE M SR 475 ISLAND WAY CLEARWATER FL 33767 - 2145 WEISS FAMILY TRUST WEISS, HELEN THE 602 PHOENIX AVE CLEARWATER FL 33756 - 6231 ZIEGLER, JODY M 538 PLUMOSA AVE CLEARWATER FL 33756 - 6235 Gulf Coast Consulting, Inc. INA1- pR1GNE? RECE SFP 0? 2006 pEPP?jMOO pIp,N IN C1.EARwATER CIN Of TRAFFIC IMPACT STUDY AND PARKING STUDY FOR WEST MARINE EXPANSION CLEARWATER , FLORIDA PREPARED FOR: PBP CLEARWATER, LLC PREPARED BY: GULF COAST CONSULTING, INC. JULY 2006 PROJECT # 06-051 Robert Pergolizzi )kfpP AICP #9023 ORIGINAL RECENED SEP o 7 2006 PLANN NG DEPARTMENT CITY OF CLEARWATER I. INTRODUCTION PBP Clearwater, LLC is proposing to redevelop their property at 1721 Gulf-to- Bay Boulevard to include a 19,000 s.f. office building in addition to the existing West Marine store. (See Figure 1) The redevelopment of the property is the subject of a Comprehensive Infill Redevelopment in Commercial "C" zoning district. This application requires an assessment of the traffic impacts of development and it was determined a parking study should be completed. As part of the redevelopment the parking lot will be reconfigured to include a total of 98 spaces. Prior to completing this analysis a methodology was established with the City of Clearwater staff. II. EXISTING TRAFFIC CONDITIONS The property has frontage on Gulf-to-Bay Boulevard and Duncan Avenue. Gulf- to-Bay Boulevard is a six-lane divided arterial roadway and Duncan Avenue is two-lanes undivided. The adjacent segment of Gulf-to-Bay Boulevard is posted 40 MPH and is controlled by traffic signals at Lake Avenue, Duncan Avenue and Keene Road. Am peak hour (7-9 AM) and PM peak hour (4-6 PM) intersection turning movement counts were conducted in July 2006 at the following intersections: Gulf-to-Bay Boulevard / Duncan Avenue Gulf-to-Bay Boulevard / West Marine Driveway Duncan Avenue / West Marine Driveway In addition 7-day machine traffic counts were conducted on Gulf-to-Bay Boulevard east of Duncan Avenue, and at the existing West Marine site driveways. Existing traffic volumes are shown in Figure 2. Existing intersections were analyzed using the HCS software. The HCS printouts are included in Appendix A. Presently the signalized intersection at Gulf-to-Bay Boulevard / Duncan Avenue operates at LOS A during the AM peak hour and LOS A during the PM peak hour. ' At the right-in/right-out driveway to Gulf-to-Bay Boulevard (Drive A) the northbound right turns exiting the site operate at LOS C with average delay of 15.1 seconds per vehicle during the AM peak hour, and at LOS C with average delay of 21.3 seconds per vehicle during the PM peak hour. At the full access driveway to Duncan Avenue (Drive B) all movements operate at LOS A with minimal delay during the AM peak hour and the PM peak hour. ORIGINAL RECEIVED SEP 0 "7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 1 r a 0 O n N 0 U 3 ° 0 0 a v ' J N w b zy a CLEVELAND ST W z U Q PROJECT LOCATION w w O O a x a a a, w TURNER ST W GULF - TO - BAY BLVD N ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTI CITY OF CLEARWA DRUID RD • = TRAFFIC SIGNAL PROJECT LOCATION - WEST MARINE PROJECT NO: 06-051 Gulf Coast Consulting, Inc. DATE: FIGURE: ??2006 Land Development Consulting DRAWN BY: G.J.S. M 0 0 N N 3 0 U LL LL m 3 9 0 ? U a v? 0 Wv zs y a w r c? N w U Q ?00 M ins (14) 21 f- (1609) 1152 -(1639) (41) 68 ~( --(1664) 1173 124) 1241 GULF - TO - BAY 1864 (1322) - r BLVD 1327) ?- (182g) -? 25 (23) (1870) ~ 6 (5)--j (1871 1790 (1260) N M 11 (21)? d CO N ? 1 01 ORIGINAL RECEIVED 00 t 1 1 N v v - ( ) -(0) 0 SE/ 0 12006 SHOPPING j CENTER 1 (2) 3 ?-(3) 4 PLANNING DEPARTMENT CITY OF CLEARWATER DRIVE B T } F- 10 (7)-- 1 (3) -? I 0 (0)- 16 (3) rn m? (XX) = AM PEAK HOUR 00 XX = PM PEAK HOUR PROJECT NO: EXISTING PM PEAK HOUR TRAFFIC VOLUME (2006) 06-051 DATE: FIGURE: Gulf Coast Consulting, Inc. ??2006 Land Development Consulting DRAWN BY: G.J.S. Based on the machine traffic counts Gulf-to-Bay Boulevard carries 49,934 vehicles per day ADT, 48,013 ADT on Saturday and 39,776 ADT on Sunday. ' Based on peak hour turning movement counts, the adjacent segment of Gulf-to- Bay Boulevard operates at LOS C carrying 2,991 vehicles during the AM peak hour and 3,111 vehicles during the PM peak hour. The adjacent segment of ' Duncan Avenue operates at LOS C carrying 150 vehicles during the AM peak hour and 191 vehicles during the PM peak hour. ' Based on the traffic counts conducted at the existing West Marine driveways this site generates 459 average weekday daily trips of which 16 occur during the AM peak hour (8 in / 8 out) and 18 occur during the PM peak hour (7 in / 11 out). On Saturday the site generates 591 daily trips, and on Sunday 411 daily trips. III. FUTURE TRAFFIC CONDITIONS As per the approved methodology existing traffic was adjusted by a 2% annual growth rate to the expected build-out year of 2008 to account for background traffic from other nearby redevelopment projects. The proposed 19,000 s.f. office building on the subject property is expected to generate only 209 daily trips of which 30 would occur during the AM peak hour (26 in / 4 out) and 28 would occur during the PM peak hour (5 in / 23 out) using Institute of Transportation Engineers (ITE) Trip Generation, 7t' Edition rates. ' The vehicular access will be taken from Gulf-to-Bay Boulevard via right-in/right- out driveway and full access to Duncan Avenue, and the expected distribution is as follows: 40% to / from the east on Gulf-to-Bay Boulevard (12 trips AM & 12 trips PM) 40% to / from the west on Gulf-to-Bay Boulevard (12 trips AM & 11 trips PM) a 20% to / from the south on Duncan Avenue (6 trips AM & 5 trips PM) ' PROJECT IMPACT CALCULATIONS ' Project Road Segment Lanes Project Trips Capacity Percent Gulf-to-Bay (Lake - Duncan) 6LD 12 4,680 0.26% Gulf-to-Bay Blvd (Duncan - Site) 6LD 12 4,680 0.26% ' Gulf-to-Bay Blvd (Site-Keene) 6LD 12 4,680 0.26% Duncan Avenue (S. of Gulf-to-Bay) 2LU 6 950 0.63% Future operations at the Gulf-to-Bay Boulevard / Duncan Avenue signalized intersection would continue at LOS A during both the AM peak hour the PM peak hour. At the right-in/right-out driveway to Gulf-to-Bay Boulevard the northbound right turns exiting the site would operate at LOS C with average delay of 15.6 seconds during the AM peak hour and 23.4 seconds during the PM peak hour. At the project driveway to Duncan Avenue, southbound left turns into the site would ORIGINAL RECEIVED 2 SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER r r r r r r r r r r i r 0 ra M 0 IN cr3 O U r? i m C 0 IN 0 v i _ 3 r W °zv a N U Q rn ° (15) 22 40% o d ?-(1673) 1198 40% (48) 72 -(1705) 1229 (1741) (5) 1 1293 f(1741) 1293 GULF - TO - BAY (1367) -? 1901 26 (24) F- 1940 (1374) -_ (1389) - 8 (15) 1948 (1381) BLVD r -? 1957 1863 (1315) - N 12 (28) 00 -'t N d M ° f ORIGINAL, ? RECEIVED N o Q SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER 0 ? N o r%) r% (2) 10 ) -(0) 0 SHOPPING 1 L 1 (3) 7 -(5) 17 TOTAL TRAFFIC CENTER 46 AM (34 IN/12 OUT) DRIVE B 46 PM (12 IN/34 OUT) F- 10 (7) 4 (19) - 0 (0) - rn c0 16 (3) v ° v °' N (XX) = AM PEAK HOUR ao XX = PM PEAK HOUR R O N FUTURE PM PEAK HOUR TRAFFIC VOLUME (2008) Gulf Coast Consulting, Inc. Land Development Consulting PROJECT NO: 06-051 DATE: FIGURE: 7/2006 DRAWN BY: G.J.S. continue to operate at LOS A, and the westbound exiting approach would continue to operate at LOS A. With background traffic and project traffic added Gulf-to-Bay Boulevard would carry 3,130 vehicles during the AM peak hour and 3,241 vehicles during the PM peak hour. This represents LOS C conditions which demonstrates acceptable ORIGINAL operations. Future traffic volumes are shown in Figure 3, and the HCS printouts RECEIVED are included in Appendix B. VP 0 7 2006 IV. PARKING STUDY PLANNING DEPARTMENT CITY OF CLEARWATER The West Marine store is located at 1721 Gulf-to-Bay Boulevard and serves a specialized customer base. The building contains 22,209 s.f. of which a portion is dedicated to boat servicing within a garage area. The site currently contains 132 parking spaces. The site is located in the Commerial (C) zoning district, and per Section 2-702 of the Community Development Code has a minimum parking requirement of 5 spaces per 1,000 square feet of retail space, and 4 spaces per 1,000 s.f. of office space. According to strict interpretation of the code, the existing store would require 111 parking spaces. The development of the office building will increase the parking demand by 76 parking spaces and decrease the parking supply to 98 spaces. The code provides for reducing the required number of parking spaces to recognize the special situations that exist for West Marine. The Community Development Code allows a reduction in parking if the property will require fewer parking spaces per floor area than otherwise required due to unique operations (boating supplies) and a significant portion of the building is used for storage or non-parking demand-generating purposes. City of Clearwater staff has recognized the West Marine serves a specialized customer base. This parking analysis was prepared to determine the availability of parking spaces. Prior to conducting this analysis a methodology was established with the City of Clearwater staff. It was agreed GCC would conduct a parking accumulation study on a Saturday between 9 AM and 7 PM and on a Tuesday between 9 AM and 7 PM. The study area included the existing parking lot only since public parking lots and on-street spaces are not in close proximity to the site V. EXISTING PARKING CONDITIONS Existing conditions were established by conducting parking lot counts between the hours of 9:00 AM and 7:00 PM on Saturday July 15, 2006 and for the same hours on Tuesday July 18, 2006. The existing West Marine parking lot was 3 ' checked on the hour for the number of spaces that were occupied. The number of occupied spaces was noted and an hourly accumulated total was obtained. ' Tuesday July 18, 2006 On Tuesday (a normal weekday) parking demand varied significantly throughout ' the day from a low of 6 occupied spaces (5%) at 7 PM to a peak demand of 22 occupied spaces (17%) at 3:00 PM. Table 1 provides an hourly tabulation and Figure 4 provides a graph of hourly parking space occupancy. ' Saturday Jul 15 2006 On Saturday parking demand did not vary significantly throughout the day with a range of 9 to 20 occupied spaces including a peak demand of 20 occupied spaces (15%) at 12 noon and again at 4 PM. Table 2 provides an hourly tabulation and Figure 5 provides a graph of hourly parking space occupancy. I VI. FUTURE CONDITIONS WITH REDEVELOPMENT The proposed modifications would result in 98 on-site parking spaces. The site would require 187 parking spaces according to strict interpretation of the code. Assuming the worst case, a minimum of 76 parking spaces (98-22) would be available to satisfy any increased demand created by the office building. According to code the office requires between 76 spaces so the total demand would be 98 spaces on a weekday. Therefore, adequate parking will be available to support the proposed development. On a weekend it is expected the office building would be closed or generating very little parking demand, therefore adequate parking would be provided without requiring a variance to office parking standards. VII. CONCLUSION This analysis was conducted in accordance with a specific methodology established with City of Clearwater staff. This analysis demonstrates traffic operations at nearby intersections and on adjacent roadways would continue at acceptable levels of service and the project impact is minimal. This analysis also demonstrates a maximum of 22 parking spaces were occupied during any hour of the study period. As such, the West Marine store parking demands are easily satisfied. With the development of office decreasing the parking supply to 98 spaces, future development of the office building can be accommodated without requiring a variance to office parking standards. ORIGINAL RECENED SEP 0 7 2006 4 PLANNING DEPARTMENT CITY OF CLEARWATER TIME 9:00 AM 10:00 AM 11:00 AM 12 NOON 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM TABLE 1 TUESDAY, JULY 18, 2006 WEST MARINE LOT OCC. TOTAL % OCCUPIED 11 132 8% 13 132 10% 12 132 9% 12 132 9% 17 132 13% 17 132 13% 22 132 17% 18 132 14% 14 132 11% 9 132 7% 6 132 5% ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPAhiMENT CITY OF CLEARWATER of oz nG r- C m m m Z 1 FIGURE 4 - TUESDAY JULY 18, 2006 140 - 130 - c 120 v 110 CL 190 an 80 es1 w 70 Seri 60 CL 50 ? C.) 40 30 O 20 - 10 0 .o° o° .o° .6° o• ,?o ts' ?. o• ?o• m o TIME OF DAY v TABLE 2 SATURDAY, JULY 15, 2006 TIME 9:00 AM ' 10:00 AM 11:00 AM 12 NOON 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM WEST MARINE LOT OCC. TOTAL % OCCUPIED 12 132 9% 11 132 8% 16 132 12% 20 132 15% 13 132 10% 16 132 12% 12 132 9% 20 132 15% 15 132 11% 10 132 8% 9 132 7% ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER FIGURE 5 - SATURDAY JULY 15, 2006 0s Z Z ? v rm N O D C" m m 140 130 cn 120 v 110 a 190 cl) 80 0 70 w 60 a 50 40 v 30 O 20 10 0 .o° .o° .o° ?0 .o° .6° TIME OF DAY -3-- Series1 APPENDIXA ORIGINAL RECEIVED qPP 0'7 2006 PLANNING Um-Hi, -,,- CITY OF CLEARWATER Page 1 of 2 1 Robert Pergolizzi ' From: Robert Pergolizzi Sent: Tuesday, July 11, 2006 10:18 AM To: 'Himanshu.Patni@MyClearwater.com'; 'neil.thompson@myclearwater.com' Cc: 'pcti@pilotconstruction.com'; Keith Zayac Subject: RE: West Marine traffic study Thank you for your reasonableness. We will begin collecting the traffic counts this week, and will do the parking study this Saturday and next Tuesday. We agree to do 9 AM to 7 PM both days for the parking observations. 1 Robert Pergolizzi, AICP Gulf Coast Consulting, Inc. 13825 ICOT Boulevard, Suite 605 Clearwater, FI 33760 Phone:727-524-1818 Fax: 727-524-6090 Cel lphone: 727-644-2695 1 email: pergo@gulfcoastconsultinginc.com -----Original Message----- From: Himanshu.Patni@MyClearwater.com [mailto:Himanshu.Patni@MyClearwater.com] Sent: Monday, July 10, 2006 4:44 PM To: keith@keithzayac.com; Robert Pergolizzi Cc: Bennett.Elbo@myClearwater.com; Wayne.Wells@myClearwater.com; ' neil.thompson@MyClearwater.com; Gina.Clayton@myClearwater.com; pcti@pilotconstruction.com Subject: RE: West Marine traffic study Keith/Robert, We've looked at this again with planning and agree on the following: Parking Study: Tuesday - 10AM to 7PM; hourly observations. Saturday - Check with West Marine regarding their busiest hours on Saturday and conduct the study around that time frame. Traffic Analysis: Tuesday - AM & PM peak turning movement counts for GTB & Duncan + the two driveways. ' ADT - Monday to Saturday using tubes on Gulf-To-Bay (eastbound & westbound) between Keene & Duncan + tubes between Duncan & Lake. ' Thanks. Himanshu Patni 1 Traffic Operations City of Clearwater (727) 562-4560 ORIGINAL RECEIVED ----Original Message----- ??p 0 "7 2006 From: Keith Zayac [mailto keitha keithzayac.com] ` ' Sent: Monday, July 10, 2006 9:10 AM PLANNING Do-Ak C11Y OF CLEARWATER 7/11/2006 Gulf Coast Consulting, Inc. Land Development Consulting • Engineering • Planning • Transportation • Permitting ICOT Center 13825 ICOT Boulevard, Suite 605 Clearwater, FL 33760 Phone: (727) 524-1818 Fax: (727) 524-6090 July 7, 2006 Mr. Wayne Wells, AICP, Senior Planner City of Clearwater Planning Department 100 South Myrtle Avenue Clearwater, FL 33756 Re: West Marine Expansion (1721 Gulf-to-Bay Blvd.) Dear Mr. Wells: Per our discussion we are submitting this proposed methodology for the Parking and Traffic Analysis for the expansion of the existing West Marine building to include a 19,000 s.f. office building. As requested at the BPRC meeting a parking analysis is required and a brief traffic impact study will be conducted. Parking Analysis The existing parking lot contains 132 parking spaces. With the proposed office building the parking supply will be reduced to 98 spaces. However, it is believed the existing West Marine store generates a very low parking demand, such that ample spaces exist to accommodate the required spaces for the proposed office building. According to the Community Development Code the existing 22,209 s.f. West Marine store would require 111 spaces (5 per 1,000 s.£) and the new office building would require 76 spaces (4 per 1,000 s.f) for a total requirement 187 spaces. Gulf Coast Consulting, Inc. (GCC) will conduct hourly parking observations on a weekday between 10 AM and 7 PM. Parking accumulation will be noted and a written report prepared demonstrating occupied and available spaces. Traffic Anal ' According to ITE Trip Generation, 7th Edition average rates the proposed office building would generate 209 daily trips of which 30 would occur during the AM peak hour (26 in / 4 out) and 28 would occur during the PM peak hour (5 in / 23 out). As such the traffic impacts would be minimal. Analysis would be limited to the project driveways, the intersection of Gulf-to-Bay Boulevard / Duncan Avenue and adjacent roadway segments. Existing conditions will be established by conducting AM and PM peak period intersection turning movement counts at the following locations: Gulf-to-Bay Boulevard/ Duncan Avenue Gulf-to-Bay Boulevard / Existing Driveway ORIGINAL Duncan Avenue / Existing Driveway RECEIVED SFP 0 7 2006 PLANNING DEPARTMENT ' CITY OF CLEARWATER Existing conditions will be evaluated using the HCS software and FDOT Generalized ' Capacity Tables and software. A 1% background growth rate will be applied and project traffic added to estimate total traffic. The intersection, driveways and adjacent roadway segments will be reanalyzed. Levels of service will be documented in a written report. i A combined Traffic and Parking Analysis report will be submitted with the Flexible Development Application on July 28, 2006. Please contact me if you have any questions ' regarding this methodology as we are eager to proceed. Sin ely, Robert Pergol ii P Principal 1 Cc: Abdi Boozar, PBP Clearwater, LLC Keith Zayac, Zayac & Associates, Inc. 06-051 ORIGINAL RECEIVED SFP 0'7 2006 PLANNING DEPARliviENT CITY OF CLEARWATER Print Date: Aug/l 1/2005 Florida Department of Transportation Transportation Statistics Office 2004 Peak Season Factor Category Report PINELLAS COUIoTTYWIDE MOCF = 0.94 Category: 1500 Week Dates SF PSCF 1 01/01/2004 - 01/03/2004 1.05 1.12 2 01/04/2004 - 01/10/2004 1.04 1.11 3 01/11/2004 - 01/17/2004 1.03 1.10 4 01/18/2004 - 01/24/2004 1.02 1.09 5 01/25/2004 - 01/31/2004 1.00 1.06 6 02/01/2004 - 02/07/2004 0.98 1.04 * 7 02/08/2004 - 02/14/2004 0.97 1.03 * 8 02/15/2004 - 02/21/2004 0.95 1.01 ' * 9 02/22/2004 - 02/28/2004 0.94 1.00 * 10 02/29/2004 - 03/06/2004 0.93 0.99 11 03/07/2004 - 03/13/2004 0.92 0.98 * 12 03/14/2004 - 03/20/2004 0.91 0.97 * 13 03/21/2004 - 03/27/2004 0.92 0.98 * 14 03/28/2004 - 04/03/2004 0.93 0.99 15 04/04/2004 - 04/10/2004 0.93 0.99 * 16 04/11/2004 - 04/17/2004 0.94 1.00 * 17 04/18/2004 - 04/24/2004 0.95 1.01 * 18 04/25/2004 - 05/01/2004 0.96 1.02 * 19 05/02/2004 - 05/08/2004 0.97 1.03 20 05/09/2004 - 05/15/2004 0.98 1.04 21 05/16/2004 - 05/22/2004 0.98 1.04 ' 22 05/23/2004 - 05/29/2004 0.99 1.05 23 05/30/2004 - 06/05/2004 0.99 1.05 24 06/06/2004 - 06/12/2004 0.99 1.05 25 06/13/2004 - 06/19/2004 1.00 1.06 26 06/20/2004 - 06/26/2004 1.00 1.06 27 06/27/2004 - 07/03/2004 1.00 1.06 28 07/04/2004 - 07/10/2004 1.00 1.06 29 07/11/2004 - 07/17/2004 11.00, 1.06 30 07/18/2004 - 07/24/2004 1.01 1.07 31 07/25/2004 - 07/31/2004 1.02 1.09 32 08/01/2004 - 08/07/2004 1.03 1.10 33 08/08/2004 - 08/14/2004 1.04 1.11 34 08/15/2004 - 08/21/2004 1.05 1.12 35 08/22/2004 - 08/28/2004 1.07 1.14 ' 36 08/29/2004 - 09/04/2004 1.08 1.15 37 09/05/2004 - 09/11/2004 1.10 1.17 38 09/12/2004 - 09/18/2004 1.11 1.18 ' 39 09/19/2004 - 09/25/2004 1.09 1.16 40 09/26/2004 - 10/02/2004 1.06 1.13 41 10/03/2004 - 10/09/2004 1.03 1.10 42 10/10/2004 - 10/16/2004 1.01 1.07 43 10/17/2004 - 10/23/2004 1.01 1.07 44 10/24/2004 - 10/30/2004 1.02 1.09 45 10/31/2004 - 11/06/2004 1.02 1.09 46 11/07/2004 - 11/13/2004 1.03 1.10 47 11/14/2004 - 11/20/2004 1.04 1.11 48 11/21/2004 - 11/27/2004 1.04 1.11 49 11/28/2004 - 12/04/2004 1.04 1.11 50 12/05/2004 - 12/11/2004 1.04 1.11 51 12/12/2004 - 12/18/2004 1.05 1.12 ORIGINAL 52 12/19/2004 - 12/25/2004 1.04 1.11 RECEIVED 53 12/26/2004 - 12/31/2004 1.03 1.10 SFp 0 7 2006 PLANNING DEPARTMEI° CITY OF CLEARWATER I WEIT WAL&C1v ?-\? W AID C y y r,?-s k Lx v?lS.... 4 ??J Ir Q AY C(nT90 7? -7111 -t?t 4?? tBt°tt - -7 /1 12,7 c) 0 1 (44n, 4(YQ,4,0),/=, - 45c? Vl:.Pl) ORIGINAL PLANNING Adams Traffic t 8 13-763-7763 Volume Repo rt with 24 Hour Tot als Page 1 Data File D071 3001.PRN Station 0000 07120602 ' Identification 0000 65320002 Inte rval 15 minutes Start date Jul 13, 06 Star t time 00:00 Stop date Jul 13, 06 Stop time 24:00 ' City/Town Clea rwater Coun ty Pinellas Location West Marine SR 60 Driveway 13 Jul Nort hboun Volume-for d -- Lane 1 ------ --- --------- --- ----- ------ - ----- End Time ----- 00 ----- 01 ---- 02 03 - 04 05 06 -- -- 07 -- 08 09 ---- ---- 10 ---- 11 ---- -------- -- 15 -- - 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- -- 0 0 0 0 3 0 6 30 0 0 0 0 0 0 0 0 0 2 3 8 45 0 0 0 0 0 0 0 0 1 1 2 4 00 0 0 0 0 0 0 0 -- -- 0 -- 1 ---- -- 3 -- 3 ---- 8 ---- -------- -- Hr Total -- - 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- -- 0 0 ---- 0 --- 2 --------- 9 --- 8 ----- 26 ------ ----------- ' End Time ----- 12 ----- 13 -------- 14 ----- 15 ----- 16 -------- 17 -- 18 -- 19 20 -- 21 --22 23 -------- -- 15 - -- 3 - 4 -- ---- 7 - 4 - 4 -- 3 0 0 8 0 0 1 30 9 0 2 3 0 1 5 4 1 0 0 0 ' 45 5 3 4 0 2 1 0 1 2 1 0 0 00 0 4 3 0 3 2 2 -- 1 -- 0 ---- -- 0 -- 0 ---- 1 ---- -------- - Hr Total --- - 17 -- --- -11-- -- ---- -- --16---- -- -- - -7 ---- --- 9 ----- ---- -- 7 -------- -- 7 ------ 6 --- 11 --------- 1 --- 0 ----- 2 ------ - ------------- 24 Hour Total 139 AM peak hour beg ins 11:00 AM peak volume 26 Peak hour fa ctor 0.81 PM peak hour beg ins 12:15 PM peak volume 18 Peak hour fa ctor 0.50 **************** ***** ************* ************* ****** *** ********* *** *********** Jul 13 Southbound Volume for Lane 2 End Time 00 01 02 03 04 05 06 -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- - 15 --- - 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- -- 0 -- 0 0 0 4 4 3 30 0 0 0 0 0 0 0 0 0 3 4 6 ' 45 0 0 0 0 0 0 0 0 0 0 3 7 00 0 0 0 0 0 0 0 -- 0 -- 0 ---- -- 1 -- 3 ---- 6 ---- -------- - Hr --- - --- ---- -- -- - --- ---- -- -- 0 --- 0 --------- 8 --- 14 ----- 22 ------ End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 5 3 2 2 3 2 2 0 2 0 0 0 30 4 2 2 1 2 3 6 1 1 1 0 0 45 0 7 2 2 3 2 1 0 2 0 0 0 ' 00 1 4 3 1 1 2 6 2 0-- -0 ---0 1 --- --- - Hr Total -- - 10 --- 16 ---- -- 9 -- 6 9 9 15 3 5 1 0 1 24 Hour Total 128 AM peak hour beg ins 11:15 AM peak volume 24 Peak hour factor : 0.86 PM peak ho ur beg ins 13:00 PM peak volume 16 Peak hour factor OkgggAI SEP 0 7 2006 ' PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report wi th 24 Hour Tot als Page 2 Data File D0713001.PRN Station 000007120602 ' Identification 000065320002 Interval 15 minutes Start date Jul 13, 06 Start time 00:00 Stop date Jul 13, 06 Stop time 24:00 1 City/Town Clearwater County : Pinellas : Location West Marine SR 60 Driveway Jul 13 Tot al Volume for All Lanes ---------------- End Time 00 ------------- 01 02 - 03 04 05 06 -- -- 07 -- 08 09 ---- ---- 10 ---- 11 ---- -------- ---- - 15 0 --- ---- -- 0 0 -- 0 ---- 0 ---- -- 0 0 0 0 7 4 9 30 0 0 0 0 0 0 0 0 0 5 7 14 45 0 0 0 0 0 0 0 0 1 1 5 11 00 0 0 0 0 0 0 0 --- -- 0 -- 1 4 ---- ---- 6 ---- 14 ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- - 0 0 ------- 0 --- 2 17 ------------- 22 ----- 48 ----- --------------- Time 12 End -------------- 14 13 -- 15 ------- 16 -------- 18 -- 17 19 --20 --21 22 23 - 15 8 -- -- -- 7 9 6 -- 7 -- 5 2 0 10 0 0 1 30 13 2 4 4 2 4 11 5 2 1 0 0 45 5 10 6 2 5 3 1 1 4 1 0 0 ' 00 1 8 6 1 4 4 8 - -- 3 -- 0 0 ---- ---- 0 ---- 2 ---- -------- ---- Hr Total 27 ---- ---- -- 27 25 -- 13 ---- 18 ---- --- 16 22 9 16 2 --------- 0 ----- 3 ----- --------------- -------------- -- ------- --------------- --- ---- 24 Hour Total 26 AM peak hour begins 11:00 AM peak volume 48 Peak hour factor 0.86 PM peak hour begins 13:30 PM peak volume 31 Peak hour factor 0.77 ' ORIGINAL RECEIVED EP 0 7 2006 S ' PLANNING DEPARnVIENT CITY OF CLEARWATER Adams Traffic Fi?t?r?•?, 813-763-7763 Volume Report wi th 24 Ho ur Totals Page 1 Data File D071 4001.PRN Station 0000 07120602 Identification 0000 65320002 Inte rval 15 minutes Start date Jul 14, 06 Star t time 00:00 Stop date Jul 14, 06 Stop time 24:00 City/Town Clea rwater Coun ty Pinellas Location West Marine SR 60 Driveway Jul 14 Nort hbound Volume for --- Lane 1 ------ --- --------- ---- ----- ----- -------------- End Time 00 ------- 01 -------- 02 -- 03 -------- 04 ----- 05 06 - -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- -- 0 - 0 0 1 0 1 2 30 0 0 0 0 0 0 0 0 0 1 3 8 45 0 0 0 0 0 0 0 0 0 0 4 2 00 0 0 0 0 0 0 -- 0 -- -- 0 -- 5 ---- -- 5 -- 0 ---- 3 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- 0 0 ---- 0 --- 6 --------- 6 ---- 8 ----- 15 ----- -------------- End Time 12 ------- 13 -------- 14 -- 15 -------- 16 -------- 17 -- 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 7 ---- 4 ---- -- 6 -- 2 ---- 8 ---- -- 6 1 3 0 0 0 0 30 2 4 3 5 2 3 2 2 0 0 0 0 45 7 3 2 4 5 0 1 6 1 0 0 0 00 1 6 3 8 3 6 3 -- 3 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 17 - ---- 17 ------- ---- -- 14 -------- -- 19 -- ---- 18 -------- ---- -- 15 -------- -- 7 ------ 14 --- 1 --------- 0 ---- 0 ----- 0 ----- ------------- 24 Hour Total 157 AM peak hour b egins 11:15 AM peak volume 20 Peak hour factor 0.63 PM peak hour b egins 15:15 PM peak volume 25 Peak hour factor 0.78 Jul 14 Sout hb ound Volume for Lane 2 ----- --- --------- ---- ----- ----- -------------- End Time 00 ------- 01 -------- 02 -- 03 -------- 04 -------- 05 - 06 -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- -- 0 -- 0 0 1 1 1 2 30 0 0 0 0 0 0 0 0 0 2 2 4 45 0 0 0 0 0 0 1 0 3 4 5 3 00 0 0 0 0 0 0 0 - -- 2 -- 2 ---- -- 2 -- 4 ---- 6 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- -- 0 - 1 ------ 2 --- 6 --------- 9 ---- 12 ----- 15 ----- -------------- End Time 12 ------- 13 -------- 14 -- 15 ------- 16 --------- 17 - 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 2 ---- 2 ---- -- 4 -- 1 ---- 6 ---- - 5 2 3 0 0 0 0 30 6 2 6 4 6 1 2 4 0 0 0 0 45 5 7 2 4 3 2 2 2 0 0 0 0 00 0 4 3 3 3 2 - 7 -- -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 13 - ---- 15 ------- ---- -- 15 -------- -- 12 -- ---- 18 ------- ---- - 10 --------- 13 ------ 9 --- 0 --------- 0 --- 0 ------ 0 ----- ------------- 24 Hour Total 150 AM peak hour begins 11:30 AM peak volume 17 Peak hour factor 0.71 PM peak hour begins 13:30 PM peak volume 21 Peak hour factor 0.75 ***** ******* ***************** * *****4,-k ******* ****** '* * ******* ORIGINAL RECEIVED ,PP 07 2006 PLANNING Dtrtik I MENT City OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 ***************************** ** ********************** *** ********* **** ***** ****** Data File D0714001.PRN Station 000007120602 Identification 000065320002 Interval 15 minut es Start date Jul 14, 06 Start time 00:00 Stop date Jul 14, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine SR 60 Driveway ***************************** ** ********************** *** ********* **** ***** ***** Jul 14 Tot al Volume for All Lanes ----------- --- --------- ---- ----- ----- --------------- End Time 00 -------------- 01 02 -- 03 -------- 04 --- 05 06 -- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- -- 0 0 0 2 1 2 4 30 0 0 0 0 0 0 0 0 0 3 5 12 45 0 0 0 0 0 0 1 0 3 4 9 5 00 0 0 0 0 0 0 0 -- -- 2 -- 7 ---- -- 7 -- 4 ---- 9 ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- -- 0 1 -- 2 --- 12 --------- 15 ---- 20 ----- 30 ----- --------------- End Time 12 -------------- 13 14 -- 15 -------- 16 ------------ 17 18 --- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 9 ---- ---- -- 6 10 -- 3 ---- 14 ---- - 11 3 6 0 0 0 0 30 8 6 9 9 8 4 4 6 0 0 0 0 45 12 10 4 8 8 2 3 8 1 0 0 0 00 1 10 6 11 6 8 10 - -- 3 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 30 ---- ---- -- 32 29 -- 31 ---- 36 ---- --- 25 20 23 1 ------- 0 ---- 0 ----- 0 ----- --------------- 24 Hour Total -------------- 307 -- -------- -------------- --- -- AM peak hour begins 11: 5 AM peak volume 35 Peak hour fac tor 0.73 PM peak hour begins 15:15 PM peak volume 42 Peak hour fac tor 0.75 ***************************** ** ********************** *** ********* **** ***** ***** ORIGINAL RECEIVED SEP 0 7 2006 PLANNING Utre, zNT CITY OF CLEARWATEER Adams Traffic 813-763-7763 Volume Report with 24 Ho ur Totals Page 1 ********************* ******** ****************** ****** *** ************* *********** Data File D071 5001 . PRN ORIGINAL Station 0000 07120602 RECEIVED Identification 0000 65320002 Inte rval 15 minutes Start date Jul 15, 06 Star t time 00:00 SFP 07 2006 Stop date Jul 15, 06 Stop time 24:00 City/Town Clea rwater Coun ty Pinellas PLANNING DEPARTMENT Location West Marine SR 60 Driveway CITY OF CLEARWATER ********************* ******** ****************** ****** *** ************* ********** Jul 15 Nort hbound Volume for ----- Lane 1 ------ --- --------- ---- ----- ----- ---------------- End Time 00 ----- 01 -------- 02 -- 03 -------- 04 --- 05 06 -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- 0 ---- 0 ---- -- 0 -- 0 0 0 5 4 9 30 0 0 0 0 0 0 0 0 0 0 5 2 45 0 0 0 0 0 0 0 0 0 4 4 9 00 0 1 0 0 0 0 - 0 -- -- 0 -- 0 ---- -- 7 -- 4 ---- 10 ---- -------- ---- - Hr Total 0 --- 1 ---- -- 0 -- 0 ---- 0 ---- - 0 - 0 ------ 0 --- 0 --------- 16 ---- 17 ----- 30 ----- ---------------- End Time 12 ----- 13 -------- 14 -- 15 -------- 16 ------- 17 18 -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 3 ---- 7 ---- -- 9 -- 1 ---- 6 ---- -- 6 -- 3 1 1 0 0 0 30 6 8 5 3 7 4 4 2 0 0 0 0 45 8 3 9 1 1 3 5 1 2 0 2 0 00 6 9 6 8 0 2 1 -- 1 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 23 ---- 27 ------ ---- -- 29 -------- -- 13 -- ---- 14 -------- ---- -- 15 -------- -- 13 ------ 5 --- 3 --------- 0 ---- 2 ----- 0 ----- --------------- 24 Hour Total 208 AM peak hour begins 11:00 AM peak volume 30 Peak hour factor 0.75 PM peak hour begins 13:45 PM peak volume 32 Peak hour factor 0.89 ********************* ******** ** **************** ****** *** ********* **** ********** Jul 15 Sout hb ound Volume for Lane 2 ----- --- --------- ---- ---- ------ --------------- End Time 00 ------ 01 -------- 02 -- 03 -------- 04 -------- 05 - - 06 -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- 0 ---- 0 -- -- - 0 -- 0 0 0 3 3 10 30 0 0 0 0 0 0 0 0 1 3 5 5 45 0 0 0 0 0 0 0 1 2 8 5 7 00 0 3 0 0 0 0 0 -- 1 -- 3 ---- -- 3 -- 8 ---- 3 ---- -------- ---- Hr Total 0 ---- 3 ---- -- 0 -- 0 ---- 0 ---- -- 0 -- 0 ---- 2 --- 6 --------- 17 ---- 21 ---- 25 ------ --------------- End Time 12 ------ 13 -------- 14 -- 15 -------- 16 -------- 17 -- -- -- 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 4 ---- 7 ---- -- 11 -- 2 ---- 4 -- 1 2 0 0 0 1 0 30 8 6 4 3 3 3 2 1 0 0 2 1 45 7 6 1 7 3 2 3 1 1 0 1 0 00 5 7 3' 12 2 1 1 -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 24 ---- 26 ---- ---- -- 19 -------- -- 24 -- ---- 12 ------- ---- -- 7 --------- -- 8 ------ 2 --- 1 --------- 0 ---- 4 ---- 1 ------ --------------- 24 Hour Total -- 202 AM peak hour begins 10:45 AM peak volume 30 Peak hour factor 0.75 PM peak hour begins 13:15 PM peak volume 30 Peak hour factor 0.68 *************** **************** ********************** ************ ******** ****** Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0715001.PRN Station 000007120602 Identification 000065320002 Interval 15 minut es Start date Jul 15, 06 Start time 00:00 Stop date Jul 15, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine SR 60 Driveway Jul 15 Tot al Volume for All Lanes ------------ --- --------- ---- ----- ----- -------------- End Time 00 --------------- 01 02 -- 03 -------- 04 -- 05 06 -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- ---- 0 0 0 0 8 7 19 30 0 0 0 0 0 0 0 0 1 3 10 7 45 0 0 0 0 0 0 0 1 2 12 9 16 00 0 4 0 0 0 0 0 ---- -- 1 -- 3 ---- -- 10 -- 12 ---- 13 ---- -------- ---- Hr Total 0 ---- ---- -- 4 0 -- 0 ---- 0 ---- 0 0 --- 2 --- 6 --------- 33 ---- 38 ----- 55 ----- -------------- End Time 12 --------------- 13 14 -- 15 -------- 16 ----------- 17 18 -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 7 ---- ---- -- 14 20 -- 3 ---- 10 ---- ---- 7 5 1 1 0 1 0 30 14 14 9 6 10 7 6 3 0 0 2 1 45 15 9 10 8 4 5 8 2 3 0 3 0 00 11 16 9 20 2 3 2 --- -- 1 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 47 ---- ---- -- 53 48 -------------- -- 37 -- ---- 26 -------- ---- - 22 21 -------------- 7 --- 4 --------- 0 ---- 6 ----- 1 ----- -------------- 24 Hour Total - cli AM peak hour b egins 11:00 AM peak volume 55 Peak hour fac tor 0.72 PM peak hour b egins 13:15 PM peak volume 59 Peak hour fac tor 0.74 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING uretiKiivEENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Ho ur Totals Pa ge 1 RECEIVED Data File D071 6001.PRN Station 0000 07120602 SEP 0 7 2006 Identification 0000 65320002 Inte rval 15 minut es Start date Jul 16, 06 Star t time 00:00 PLANNING DEPARTMEK Stop date Jul 16, 06 Stop time 24 : 00 City/Town Clea rwater Coun ty Pinellas CITY OF CLEARWATER Location West Marine SR 60 Driveway Jul 16 Nort hbound Volume for --- Lane 1 ------ --- --------- --- ------ ----- --------------- End Time 00 ------ 01 -------- 02 -- 03 -------- 04 ----- 05 -- 06 -- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- 0 0 0 0 0 1 4 30 0 1 0 1 0 0 0 0 0 2 6 4 45 2 0 0 0 0 0 0 0 0 2 2 5 00 0 0 0 1 0 0 - 0 -- -- 0 -- 0 ---- -- 5 -- 2 ---- 3 ---- -------- ---- Hr Total 2 ---- 1 ---- -- 0 -- 2 ---- 0 ---- - 0 0 --- 0 --- 0 --------- 9 --- 11 ------ 16 ----- --------------- End Time 12 ------ 13 -------- 14 -- 15 -------- 16 -------- 17 - -- --- 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 3 ---- 8 ---- -- 6 -- 2 ---- 1 --- 3 0 0 0 0 0 0 30 3 3 3 3 6 4 0 0 0 0 0 0 45 4 8 2 7 2 5 1 0 0 0 0 0 00 5 4 5 7 1 4 0 - -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 15 ----- ---- 23 ------ ---- -- 16 -------- -- 19 -- ---- 10 -------- ---- -- 16 -------- - 1 ------ 0 --- 0 --------- 0 --- 0 ------ 0 ----- ---------- 24 Hour Total 141 AM peak hour begins 11:00 AM peak volume 16 Peak hour factor 0.80 PM peak hour begins 12:45 PM peak volume 24 Peak hour factor 0.75 Jul 16 Sout hb ound Volume for --- Lane 2 ------ --- --------- --- ------ ----- -------------- End Time 00 ------- 01 -------- 02 -- 03 -------- 04 ----- 05 - 06 -- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- - 0 0 0 0 2 6 1 30 0 1 0 1 0 0 0 0 0 1 1 2 45 0 0 0 0 0 0 0 0 0 4 4 4 00 0 0 0 2 0 0 0 -- 0 -- 0 ---- -- 7 -- 6 ---- 6 ---- -------- ---- Hr Total 0 ---- 1 ---- -- 0 -- 3 ---- 0 ---- -- 0 -- 0 ------ 0 --- 0 --------- 14 --- 17 ------ 13 ----- -------------- End Time 12 ------- 13 -------- 14 -- 15 ------- 16 --------- 17 -- 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 4 ---- 2 ---- -- 3 -- 6 ---- 5 ---- 3 0 0 0 0 0 0 30 6 6 3 4 4 3 0 0 0 0 1 0 45 2 5 2 3 1 2 0 0 0 0 0 0 00 2 7 3 3 4 1 - 0 -- -- 0 -- 0 ---- - 0 -- 0 ---- 0 ---- -------- ---- Hr Total 14 ---- 20 --- ---- -- 11 -------- -- 16 -- ---- 14 ------- ---- - 9 --------- 0 ------ 0 --- - 0 --------- 0 -- 1 ------- 0 ----- -------------- 24 Hour Total ---- 133 AM peak hour begins 11:30 AM peak volume 20 Peak hour factor 0.83 PM peak hour begins 13:15 PM peak volume 21 Peak hour factor 0.75 Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0716001.PRN Station 000007120602 Identification 000065320002 Interval 15 minutes Start date Jul 16, 06 Start time 00:00 Stop date Jul 16, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine SR 60 Driveway Jul 16 Tot al Volume for All Lanes ---------- --- --------- ---- ----- ----- --------------- End Time 00 -------------- 01 02 -- 03 -------- 04 ---- 05 06 --- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- - 0 0 0 0 2 7 5 30 0 2 0 2 0 0 0 0 0 3 7 6 45 2 0 0 0 0 0 0 0 0 6 6 9 00 0 0 0 3 0 0 0 --- -- 0 -- 0 ---- -- 12 -- 8 ---- 9 ---- -------- ---- Hr Total 2 ---- ---- -- 2 0 -- 5 ---- 0 ---- - 0 0 ------ 0 --- 0 --------- 23 ---- 28 ----- 29 ----- --------------- End Time 12 -------------- 13 14 -- 15 -------- 16 -------- 17 18 - -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 7 ---- ---- -- 10 9 -- 8 ---- 6 ---- --- 6 0 0 0 0 0 0 30 9 9 6 7 10 7 0 0 0 0 1 0 45 6 13 4 10 3 7 1 0 0 0 0 0 00 7 11 8 10 5 5 0 -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 29 ---- ---- -- 43 27 -- 35 ---- 24 ---- ---- 25 1 --------------- 0 --- 0 --------- 0 ---- 1 ----- 0 ----- ----------------------------- 24 Hour Total X274 -- ------- AM peak hour be gins 11: AM peak volume 34 Peak hour fac tor 0.94 PM peak hour begins 13:00 PM peak volume 43 Peak hour fac tor 0.83 ORIGINAL RECEIVED SFP 0 7 2006 PLANNING ukrr,a,, uviENT CITY OF CLEARWATER Adams Traffic 8 13-76 3-7763 Volume Repo rt wi th 24 Hour Tot als Page 1 ORIGINAL Data File D071 7001. PRN RECEIVED Station 0000 07120602 Identification 0000 65320002 Inte rval 15 minut es SIT 07 2006 Start date Jul 17, 06 Star t time 00:00 Stop date Jul 17, 06 Stop time 24 : 00 PLAN NING DEPARTMENT City/Town Clea rwater Coun ty Pinellas CITY OF CLEARWATER Location West Marine SR 60 Driveway **************** ***** ******** ***** ***** ******** ****** ** ********* **** ****** **** Jul 17 Nort hboun d Vol ume for -- Lane 1 ------ --- --------- ---- ------ ---- ---------------- End Time 00 ----- 01 -------- 02 ----- 03 ----- 04 ------ 05 -- 06 -- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 1 2 2 3 30 0 0 0 0 0 0 0 0 0 5 6 4 45 0 0 0 0 0 0 0 0 2 1 2 3 00 0 0 0 0 0 0 -- 0 -- -- 0 -- 4 ---- -- 4 -- 2 ---- 2 ---- -------- ---- - Hr Total 0 --- 0 ---- -- 0 -- - 0 --- 0. ---- 0 -- 0 ------ 0 --- 7 --------- 12 ---- 12 ------ 12 ---- ---------------- End Time 12 ----- 13 -------- 14 ----- 15 ----- 16 ------ 17 -- 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- - 15 2 --- 2 ---- -- 1 -- - 5 --- 7 ---- 2 2 1 0 2 0 . 0 30 4 2 2 1 4 1 2 3 1 0 0 0 45 7 4 6 4 2 4 1 5 0 0 0 0 00 1 5 4 2 2 4 - 2 -- -- 4 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- - Hr Total 14 -- --- 13 ----- ---- -- 13 -------- -- - 12 ----- --- 15 ----- ---- - 11 -------- 7 ------ 13 --- 1 --------- 2 ---- 0 ------ 0 ---- -------------- 24 Hour Total 144 AM peak hour beg ins 09:45 AM peak volume 14 Peak hour fac tor 0.58 PM peak hour beg ins 14:15 PM peak volume 17 Peak hour fac tor 0.71 **************** ************* ***** ************* ****** *** ********* **** ****** **** Jul 17 Southbound Volume for Lane 2 ----- --- --------- ---- ------ ---- ---------------- End Time 00 ----- 01 -------- 02 ----- 03 ----- 04 -------- 05 -- - 06 -- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 3 3 3 5 30 0 0 0 0 0 1 0 0 1 1 3 3 45 0 0 0 0 0 0 0 0 2 3 2 1 00 0 0 0 0 0 0 0 -- -- 1 -- 4 ---- -- 2 -- 1 ---- 2 ---- -------- ---- - Hr Total 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- -- 1 -- 0 ------ 1 --- 10 --------- 9 ---- 9 ------ 11 ---- ---------------- End Time 12 ----- 13 -------- 14 ----- 15 ---- 16 ------- 17 - -- 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- - 15 3 --- 1 ---- -- 2 -- - 5 --- 5 --- 2 1 2 0 0 0 0 30 8 5 4 2 3 4 2 5 1 0 0 0 45 6 3 5 4 2 3 1 3 0 0 0 0 00 4 4 2 2 0 3 -- 1 -- -- 3 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- - Hr Total 21 -- --- 13 ----- ---- -- 13 -------- -- - 13 ----- --- 10 ---- ---- 12 --------- 5 ------ 13 --- 1 --------- 0 ---- 0 ------ 0 ---- -------------- 24 Hour Total 142 AM peak hour begins 11:30 AM peak volume 14 Peak hour factor 0.44 PM peak hour begins 12:00 PM peak volume 21 Peak hour factor 0.66 **************** *************************************************************** Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0717001.PRN Station 000007120602 Identification 000065320002 Interval 15 minutes Start date Jul 17, 06 Start time 00:00 Stop date Jul 17, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine SR 60 Driveway Jul 17 Tot al Volume for All Lanes ---------- --- --------- ---- ----- ----- --------------- End Time 00 -------------- 01 02 -- 03 -------- 04 ---- 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- 0 0 0 4 5 5 8 30 0 0 0 0 0 1 0 0 1 6 9 7 45 0 0 0 0 0 0 0 0 4 4 4 4 00 0 0 0 0 0 0 0 --- -- 1 -- 8 ---- -- 6 -- 3 ---- 4 ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- - 1 0 --------- 1 --- 17 --------- 21 ---- 21 ----- 23 ----- --------------- End Time 12 -------------- 13 14 -- 15 -------- 16 ----- 17 18 ---- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 5 ---- ---- -- 3 3 -- 10 ---- 12 ---- 4 3 3 0 2 0 0 30 12 7 6 3 7 5 4 8 2 0 0 0 45 13 7 11 8 4 7 2 8 0 0 0 0 00 5 9 6 4 2 7 3 -- -- 7 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 35 ---- ---- -- 26 26 -- 25 ---- 25 ---- -- 23 12 26 --- 2 --------- 2 ---- 0 ----- 0 ----- ----------------------------- -- -------- -------------- 24 Hour Total 286 AM peak hour be gins 1 30 AM peak volume 25 Peak hour fac tor 0.48 PM peak hour begins 12:00 PM peak volume 35 Peak hour fac tor 0.67 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARImENT CITY OF CLEARWATER Adams Traffic " 8 13-763-7763 Volume Repo rt with 24 Hour Tot als Page 1 Data File D071 8001.PRN ORIGINAL Station 0000 07120602 RECEIVED Identification 0000 65320002 Inte rval 15 minutes Start date Jul 18, 06 Star t time 00:00 SEP 0 7 1006 Stop date Jul 18, 06 Stop time 24:00 City/Town Clea rwater Coun ty Pinellas PLANNING DEPARTMENT Location West Marine SR 60 Driveway CITY OFCLEARWATER Jul 18 Northboun d Volume for --- Lane 1 ------ --- --------- --- ----------- ---------- End Time ----- 00 ------ 01 -------- 02 ----- 03 ----- 04 ----- 05 - 06 -- -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- - 15 --- 0 ---- 0 ---- -- 1 -- - 0 --- 0 ---- - 0 0 0 0 2 0 2 30 0 0 0 0 0 0 0 2 1 2 2 4 45 0 0 0 0 0 0 0 0 3 1 2 2 00 0 0 0 0 0 0 0 -- -- 0 -- 1 ---- -- 9 -- 4 3 ---- ---- -------- - Hr Total --- 0 ---- 0 ---- -- 1 -- - 0 --- 0 ---- -- 0 - 0 ------ 2 --- 5 --------- 14 --- 8 11 ----------- ---------- End Time ----- 12 ------ 13 -------- 14 ----- 15 ----- 16 ------- 17 18 -- -- 19 -- 20 ---- -- 21 -- 22 23 ---- ---- -------- - 15 --- 3 ---- 4 ---- -- 6 -- - 3 --- 4 ---- -- 3 5 1 2 0 0 0 30 1 5 5 3 3 2 4 1 0 0 0 0 45 4 4 5 8 0 5 0 4 1 0 0 0 00 9 1 6 3 1 1 1 -- -- 2 -- 0 ---- -- 0 -- 0 0 ---- ---- -------- - Hr Total --- 17 -- ---- 14 ------ ---- -- 22 -------- -- - 17 ----- --- 8 ----- ---- -- 11 -------- 10 ------ 8 --- 3 --------- 0 --- 0 0 ----------- ---------- 24 Hour To --- tal 151 AM peak ho ur begins 09:00 AM peak volume 14 Peak hour factor 0.39 PM peak ho ur begins 12:30 PM peak volume 22 Peak hour factor 0.61 Jul 18 Sout hbound Volume for Lane 2 --- --- --------- --- ----------- ---------- End Time ----- 00 ------ 01 -------- 02 ----- 03 ----- 04 -------- 05 -- --- 06 -- -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- - 15 --- 0 ---- 0 ---- -- 1 -- - 0 --- 0 ---- 0 0 0 0 0 2 3 30 0 0 0 0 0 0 0 0 2 8 4 6 45 0 0 0 0 0 0 0 1 1 3 4 3 00 0 0 0 0 0 0 0 - -- 0 -- 2 ---- -- 4 -- 2 0 ---- ---- -------- - Hr Total --- 0 ---- 0 ---- -- 1 -- - 0 --- 0 ---- -- 0 - - 0 ------ 1 --- 5 --------- 15 --- 12 12 ----------- ---------- End Time ----- 12 ------ 13 -------- 14 ----- 15 ---- 16 -------- 17 18 - -- 19 -- 20 ---- -- 21 -- 22 23 ---- ---- -------- - 15 --- 3 ---- 7 ---- -- 7 -- - 3 --- 1 ---- -- 1 - 2 5 1 0 0 0 30 3 4 4 6 1 4 3 1 0 0 1 0 45 6 1 6 5 1 4 1 4 0 0 0 0 00 5 2 4 3 0 1 - 1 -- -- 2 -- 0 ---- -- 0 -- 0 0 ---- ---- -------- - Hr Total --- 17 ---- 14 ------ ---- -- 21 -------- -- - 17 ----- --- 3 ---- ---- - 10 --------- 7 ------ 12 --- 1 --------- 0 --- 1 0 ----------- --------------- 24 Hour Total 149 AM peak hour be gins 09:15 AM peak volume 17 Peak hour fa ctor 0.53 PM peak hour be gins 12:30 PM peak volume 22 Peak hour fa ctor 0.79 Adams Traffic 813-763-7763 Volume Report with 24 Hour Tot als Page 2 Data File D0718001.PRN RECEIVED Station 000007120602 Identification 000065320002 Interval 15 minut es c SEP 0 7 2006 Start date Jul 18, 06 Start time 00:00 Stop date Jul 18, 06 Stop time 24 : 00 PLANNING DEPARTMENT City/Town Clearwater County Pinellas CITY OF CLEARWATER Location West Marine SR 60 Driveway Jul 18 Tot al Volume for All Lanes --------- --- --------- ---- ---------- --------------- End Time 00 -------------- 01 02 -- 03 -------- 04 ----- 05 06 -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- ---- 15 0 ---- ---- -- 0 2 -- 0 ---- 0 ---- ---- 0 0 0 0 2 2 5 30 0 0 0 0 0 0 0 2 3 10 6 10 45 0 0 0 0 0 0 0 1 4 4 6 5 00 0 0 0 0 0 0 0 -- 0 -- 3 ---- -- 13 -- 6 3 ---- ---- -------- ---- Hr Total 0 ---- ---- -- 0 2 -- 0 ---- 0 ---- ---- 0 0 ----- 3 --- 10 --------- 29 ---- 20 23 ---------- --------------- End Time 12 -------------- 13 14 -- 15 -------- 16 --------- 17 18 -- -- 19 -- 20 ---- -- 21 -- 22 23 ---- ---- -------- ---- 15 6 ---- ---- -- 11 13 -- 6 ---- 5 ---- -- 4 7 6 3 0 0 0 30 4 9 9 9 4 6 7 2 0 0 1 0 45 10 5 11 13 1 9 1 8 1 0 0 0 00 14 3 10 6 1 2 2 -- 4 -- 0 ---- -- 0 -- 0 0 ---- ---- -------- ---- Hr Total 34 ---- ---- -- 28 43 -- 34 ---- 11 ---- ---- 21 17 20 - 4 --------- 0 ---- 1 0 ---------- --------------- 24 Hour Total -------------- _ 00 -- ------- --------------- -- AM peak hour begins 09:00 AM peak volume 29 Peak hour fac tor 0.56 PM peak hour begins 12:30 PM peak volume 44 Peak hour fac tor 0.79 Adams Traffic 813-763-7763 ' Volume Report with 24 Ho ur Tot als Page 1 Data File D071 9001.PRN ORIGINAL Station 0000 07120602 RECEIVED Identificat ion 0000 65320002 Inte rval 15 minut es Start date Jul 19, 06 Star t time 00:00 SEP 0 7 2006 Stop date Jul 19, 06 Stop time 24:00 City/Town : Clea rwater County : Pinellas PLANNING DEPARTMENT Location I West Marine SR 60 Driveway CITY OF CLEARWATER Jul 19 Nort hb for- Volume ound Lane 1 1 -- End Time ----- 00 ----- 01 ---- 02 03 - 04 - 05 - -- 06 -- -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- -- 15 -- - 0 --- 0 ---- -- 0 -- 0 ---- 0 --- 0 0 0 0 2 5 3 30 1 0 0 0 0 0 0 0 0 6 2 4 45 0 0 0 0 0 0 0 0 0 3 4 3 00 0 0 0 0 0 0 0 -- -- 0 -- 2 ---- -- 3 -- 2 4 ---- ---- i -------- -- Hr Total -- 1 ---- 0 ---- -- 0 -- 0 ---- 0 ---- -- 0 0 ----- 0 --- 2 --------- 14 --- 13 14 ----------- ----------- Time End ---- 12 ------ 13 -------- 14 -- 15 -------- 16 -------- 17 - 18 -- 19 --20 _- 21 --22 23 - - 15 4 -- 4 -- 3 2 -_ 3 -- 1 3 1 3 0 0 0 30 1 2 2 4 3 10 3 3 0 0 0 0 45 4 1 4 2 0 2 1 2 0 0 0 0 00 4 4 9 5 6 2 3 -- -- 1 -- 0 ---- -- 0 -- 0 0 ---- ---- -------- -- Total Hr -- 13 ---- 11 ---- -- --18---- -- 13 ---- ----12- ---- -- ---15---- 10---- -7- ----3---- -0- ----0-----0 --- - 24 Hour Tot al 146 AM peak hou r begins 09:15 AM peak volume 17 Peak hour factor 0.71 PM peak hou r begins 14:30 PM peak volume 19 Peak hour factor 0.53 Jul 19 Sout hb ound Volume for -- Lane 2 ------ --- --------- --- ----------- ----------- End Time ---- 00 ------ 01 -------- 02 -- 03 ------- 04 ------- 05 -- 06 -- -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- -- 15 -- 0 ---- 0 ---- -- 0 -- 0 ---- 0 ---- 0 0 0 0 6 3 2 30 1 0 0 0 0 0 0 0 1 4 0 5 45 0 0 0 0 0 0 0 0 0 2 2 2 00 0 0 0 0 0 0 - 0 -- -- 0 -- 5 ---- -- 1 -- 5 5 ---- ---- -------- -- Hr Total -- 1 ---- 0 ---- -- 0 -- 0 ---- 0 ---- - 0 - -0---- -0- ----6---- 13 - 10 14 ----------- ----------- End Time -- -- 12 -- --- 13 ---- _-- 14 - 15 - ----- 16 -_- -__- 17 18 19 20 21 22 23 15 2 1 2 5 5 3 2 3 1 0 0 0 30 4 0 3 4 2 2 2 2 0 0 0 0 45 4 3 4 3 3 4 5 2 1 0 0 0 ' 00 6 5 4 3 3 3 1 -- -- 0 -- 0-- ---- -0 - 0 0 ---- ---- --- --- -- -- Hr Total - - 16 ---- 9 ---- -- 13 -- 15 ---- 13 ---- -- 12 10 7 2 0 0 0 24 Hour Total 141 AM peak hour begins 08:45 AM peak volume 17 Peak hour factor 0.71 PM peak hour begins 14:30 PM peak volume 17 Peak hour factor 0.85 Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0719001 . PRN ORIGINAL Station 000007120602 RECEIVED Identification 000065320002 Interval 15 minut es Start date Jul 19, 06 Start time 00:00 cep Q 7 2006 Stop date Jul 19, 06 Stop time 24:00 City/Town Clearwater County Pinellas PLAN411&, L,, Location West Marine SR 60 Driveway ***************************** ************************ *** ********* **** ********** Jul 19 Tot al Volume for-All Lanes ' -------- End Time 00 ----------- 01 02 03 - - 04 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- ---- 15 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- 0 0 0 0 8 8 5 30 2 0 0 0 0 0 0 0 1 10 2 9 45 0 0 0 0 0 0 0 0 0 5 6 5 00 0 0 0 0 0 0 0 - -- 0 -- 7 ---- -- 4 -- 7 9 ---- ---- 1 -------- ---- Hr Total 2 ---- ---- -- 0 0 -- 0 ---- 0 ---- --- 0 0 -- 0 --- 8 --------- 27 ---- 23 28 ---------- --------------- ' End Time 12 -------------- 14 13 -- 15 -------- 16 ------------ -18 -- 17 19 20 -- 21 22 23 15 6 -- -- -- 5 5 7 -- 8 - 4 5 4 4 0 0 0 30 5 2 5 8 5 12 5 5 0 0 0 0 ' 45 8 4 8 5 3 6 6 4 1 0 0 0 00 10 9 13 8 9 5 4 ---- -- 1 -- 0 ---- -- 0 -- 0 0 ---- ---- -------- ---- 29 Total Hr ---- ---- -- 31 20 -- 28 ---- 25 ---- 27 20 14 5 0 0 0 ---- -- --- - - ---- ---- ---- --- - ---- ---- 24 Hour Total ;`287 AM peak hour be gins 08. AM peak volume 30 Peak hour factor 0.75 PM peak hour begins 14:30 PM peak volume 36 Peak hour factor 0.69 Adams Traffic 8 13-76 3-7763 Volume Repo rt wi th 24 Hour Totals Page 1 ORIGINAL Data File D071 3002.PRN RECEIVED Station 0000 07120603 Identification 0001 45150009 Interval 15 minutes RR U 7 2006 Start date Jul 13, 06 Start time 00:00 Stop date Jul 13, 06 Stop time 24:00 PIMNINGDEPARTINIENT City/Town Clea rwater County Pinellas CITY OFCLEAMATM Location West Marine Dunca n Avenue Driveway Jul 13 West bound Volume for Lane 1 ----------- --- --------- ---- ---------- ---------------- End Time 00 ----- 01 -------- 02 ----- 03 ----- 04 --- 05 06 ---- -- 07 -- 08 09 ---- ---- 10 11 ---- ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 0 3 1 2 30 0 0 0 0 0 0 0 0 0 0 3 3 45 0 0 0 0 0 0 0 0 0 1 1 1 00 0 0 0 0 0 0 0 ---- -- 0 -- 1 ---- -- 2 -- 1 2 ---- ---- -------- ---- - Hr Total 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 ------ 0 --- 1 --------- 6 ---- 6 8 ---------- ---------------- End Time 12 ----- 13 -------- 14 ----- 15 ----- 16 -------- 17 18 -- -- 19 -- 20 21 ---- ---- 22 23 ---- ---- -------- ---- - 15 1 --- 5 ---- -- 2 -- - 4 --- 0 ---- -- 1 0 1 1 0 0 0 30 1 1 4 0 2 0 0 0 0 0 1 0 45 0 4 2 0 0 0 1 0 0 0 0 0 00 1 4 0 4 0 2 0 --- -- 2 -- 2 ---- -- 0 -- 0 0 ---- ---- -------- ---- - Hr Total 3 --- 14 ----- ---- -- 8 -------- -- - 8 ----- --- 2 ----- ---- - 3 1 -------------- 3 --- 3 --------- 0 ---- 1 0 ---------- ---------------- 24 Hour Total 67 AM peak hour beg ins 11:00 AM peak volume 8 Peak hour factor 0.67 PM peak hour beg ins 13:00 PM peak volume 14 Peak hour factor 0.70 **************** ****************** ******************* *** ********* ************** Jul 13 Eastbound Volume for Lane 2 ----- --- --------- ---- ---------- ---------------- End Time 00 ----- 01 -------- 02 ----- 03 ----- 04 --------- 05 06 - -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- --- 0 0 0 2 5 0 5 30 0 0 0 0 0 0 0 0 1 1 2 4 45 0 0 0 0 0 0 0 3 0 2 0 1 00 0 0 0 0 0 0 1 -- -- 0 -- 1 ---- -- 2 -- 2 3 ---- ---- -------- ---- - Hr Total 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- -- 0 1 ------- 3 --- 4 --------- 10 ---- 4 13 ---------- ---------------- End Time 12 ----- 13 -------- 14 ----- 15 ---- 16 -------- 17 18 --- -- 19 -- 20 ---- -- 21 -- 22 23 ---- ---- -------- ---- - 15 2 --- 2 ---- -- 4 -- - 2 --- 0 ---- - 4 1 3 1 0 1 1 30 2 4 2 0 6 2 2 1 0 0 2 0 45 2 3 3 0 0 2 1 1 0 0 0 0 00 2 3 3 2 0 2 2 -- -- 3 -- 0 ---- -- 0 -- 0 0 ---- --- -------- ---- - Hr Total 8 --- 12 --- ---- -- 12 --------- -- - 4 ----- --- 6 ---- ---- -- 10 6 --------------- 8 --- 1 --------- 0 --- 3 1 ------- ---------------- 24 Hour Total - 106 AM peak hour begins 11:00 AM peak volume 13 Peak hour factor 0.65 PM peak hour begins 13:15 PM peak volume 14 Peak hour factor 0.88 ***************************************************************** ************** Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0713002 . PRN ORIGINAL Station 000007120603 RECEIVED ' Identification 000145150009 Interval 15 minut es Start date Jul 13, 06 Start time 00:00 SEP 0 7 2006 Stop date Jul 13, 06 Stop time 24:00 City/Town Clearwater County Pinellas PLANNING DEPARTMENT Location West Marine Duncan Avenue Driveway CITY OF %EARWATER ***************************** ** ******** ************** *** * * * * * * * * * * * * * * * * * * * * Jul 13 Tot al Volume for All Lanes ---------- --- --------- -------------- ------- --------- End Time 00 ---------- --- 01 02 -- 03 - ------- 04 ---- 05 06 ---- -- 07 -- 08 ---- -- 09 10 11 -- ---- ---- -------- ---- - 15 0 --- ---- -- 0 0 -- 0 ---- 0 ---- 0 0 0 2 8 1 7 30 0 0 0 0 0 0 0 0 1 1 5 7 45 0 0 0 0 0 0 0 3 0 3 1 2 00 0 0 0 0 0 0 1 0 2 4 3 5 Hr Total 0 0 0 0 0 0 1 ------ 3 --- 5 --------- 16 10 21 -------------- --------------- End Time 12 -------------- 13 14 -- 15 -------- 16 -------- -18 17 19 20 -- 21 --22 23 -------- ---- 15 3 -- ---- ---- 7 6 6 -- 0 - 5 1 4 2 0 1 1 30 3 5 6 0 8 2 2 1 0 0 3 0 45 2 7 5 0 0 2 2 1 0 0 0 0 00 3 7 3 6 0 4 2 -- 5 -- 2 ---- -- 0 0 0 -- ---- ---- -------- ---- 11 Total Hr ---- ---- -- 20 26 -- 12 ---- 8 ---- ---- 13 7 11 4 4-----1 0 --- - ---- --- ----- -- ----- ---- -- - ---- ---- ----- - 24 Hour Total 173 AM peak hour begins 1 00 AM peak volume 21 Peak hour factor 0.75 ' PM peak hour begins : 13:00 PM peak volume 26 Peak hour factor 0.93 ******************************* ********************** *** ********* ************** Adams Traffic 8 13-763-7763 Volume Report with 24 Hour Tot als Page 1 ORIGINAL Data File D071 4002 . PRN RECEIVED Station 0000 07120603 Identification 0001 45150009 Interval 15 minutes SEP 07 2006 Start date Jul 14, 06 Start time 00:00 Stop date Jul 14, 06 Stop time 24:00 PLA NNING DEPARTMENT City/Town Clea rwater County Pinellas CITY OFCLEARWATER Location West Marine Dunca n Ave nue Driveway Jul 14 Westbound Volume for Lane 1 ---------- --- ---------- --- ----- ----- ---------------- End Time 00 ----- 01 -------- 02 ----- 03 ----- 04 ---- 05 06 ---- -- 07 -- 08 09 ---- ---- 10 ---- 11 ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 3 0 0 4 3 30 0 0 0 0 0 0 0 1 0 4 1 3 45 0 0 0 0 0 0 2 1 0 2 0 0 00 0 0 0 0 0 0 0 ---- -- 3 -- 0 ---- -- 1 -- 3 ---- 3 ---- -------- ---- - Hr Total 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 2 -------- 8 --- 0 --------- 7 ---- 8 ----- 9 ----- ---------------- End Time 12 ----- 13 -------- 14 ----- 15 ----- 16 ------ 17 18 ---- -- 19 -- 20 21 ---- ---- 22 ---- 23 ---- -------- ---- - 15 0 --- 2 ---- -- 2 -- - 2 --- 1 ---- 4 3 0 0 0 0 0 30 1 2 1 0 0 1 2 2 0 0 0 0 45 0 2 2 1 0 1 1 1 1 0 0 0 00 2 2 2 3 3 4 0 -- -- 1 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- - Hr Total 3 ------ --- 8 ----- ---- -- 7 -------- -- - 6 ----- --- 4 ---- ---- -- 10 6 --------------- 4 --- 1 --------- 0 ---- 0 ---- 0 ------ ---------- 24 Hour Total 83 AM peak hour beg ins 09:15 AM peak volume 11 Peak hour fac tor 0.69 PM peak hour beg ins 17:00 PM peak volume 10 Peak hour fac tor 0.63 Jul 14 East bound Volume for Lane 2 ------- --- --------- ---- ---- ------ ---------------- End Time 00 ----- 01 -------- 02 ----- 03 ---- 04 -------- 05 06 --- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- - 0 0 1 0 0 4 2 30 0 0 0 0 0 0 1 1 0 2 1 4 45 0 0 0 0 0 0 4 3 0 1 1 1 00 0 0 0 0 0 0 0 - ---- -- 4 -- 0 ---- -- 2 -- 5 ---- 8 ---- -------- ---- - Hr Total 0 --- 0 ---- -- 0 -- - 0 --- 0 --- 0 5 ------- 9 --- 0 --------- 5 ---- 11 ---- 15 ------ ---------------- End Time 12 ----- 13 -------- 14 ----- 15 ---- 16 -------- 17 18 - ---- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- - 15 4 --- 3 ---- -- 3 -- - 2 --- 3 --- 3 1 0 0 0 0 0 30 6 8 1 3 2 3 4 2 0 0 0 0 45 1 3 0 5 2 3 1 0 0 0 0 0 00 3 2 3 4 3 4 1 -- ---- -- 1 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- - Hr Total 14 ------ --- 16 ----- ---- -- 7 -------- -- - 14 ----- --- 10 ---- -- 13 7 -------------- 3 ---- 0 --------- 0 ---- 0 ---- 0 ------ ---------- 24 Hour Total 129 AM peak hour begins 11:30 AM peak volume 19 Peak hour factor 0.59 PM peak hour begins 12:45 PM peak volume 17 Peak hour factor 0.53 ************************************** *************************** ******** ****** Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0714002.PRN Station 000007120603 Identification 000145150009 Interval 15 minutes Start date Jul 14, 06 Start time 00:00 Stop date Jul 14, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine Duncan Avenue Driveway Jul 14 Tot al Volume for All Lanes ------- --- --------- ---- ----- ----- --------------- End Time 00 -------------- 01 02 ---------- 03 04 ------- 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- ---- 0 0 ---- 0 0 4 0 0 8 5 30 0 0 0 0 0 0 1 2 0 6 2 7 45 0 0 0 0 0 0 6 4 0 3 1 1 00 0 0 0 0 0 0 0 --- -- 7 -- 0 ---- -- 3 -- 8 ---- 11 ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- ---- 0 0 ---- - 0 7 ------- 17 --- 0 --------- 12 ---- 19 ----- 24 ----- --------------- End Time 12 -------------- 13 14 ---------- 15 16 ------- 17 18 -- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 4 ---- ---- -- 5 5 -- ---- 4 4 ---- -- 7 4 0 0 0 0 0 30 7 10 2 3 2 4 6 4 0 0 0 0 45 1 5 2 6 2 4 2 1 1 0 0 0 00 5 4 5 7 6 8 1 ---- -- 2 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 17 ---- ---- -- 24 14 -- ---- 20 14 ---- 23 13 7 -- 1 --------- 0 ---- 0 ----- 0 ----- --------------- 24 Hour Total -------------- 212 ---------- -------------- - AM peak hour begins 11:00 AM peak volume 24 Peak hour fac tor 0.55 PM peak hour begins 12:45 PM peak volume 25 Peak hour fac tor 0.63 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARMIENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D071 5002 . PRN ORIGIM Station 0000 07120603 RECEIVED Identification 0001 45150009 Interval 15 minutes Start date Jul 15, 06 Start time 00:00 Cep ?"? 2006 Stop date Jul 15, 06 Stop time 24:00 ' City/Town Clea rwater County Pinellas PL4NNIM:? T Location West Marine Dunca n Ave nue Driveway * ** * * * * ** -k ?+7y * *****`?k *********** ********* ******** ***** ***** ************** * Jul 15 West bound Volume for Lane 1 ----------- --- --------- ---- ----- ----- - ---------- ----- End Time 00 ----- 01 ---- ---- 02 ----- 03 ----- 04 --- 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- - 15 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 0 3 0 2 30 0 0 0 0 0 0 0 0 1 0 1 0 45 0 0 0 0 0 0 0 0 1 2 3 0 0 00 1 0 0 0 0 ---0 -- -0 ---3 -- -2 4 0 --- Hr Total 0 --- 1 -- 0 - - 0 -- 0 --- 0 0 --------- 0 --- 5 --------- 7 ---- 8 ----- 2 ----- --------------- ' End Time 12 ------ 13 -------- 14 ----- 15 ----- 16 ----- 18 17 19 20 -- 21 --22 23 -------- ---- 15 0 ---- 2 ---- -- 1 -- - 1 --- 2 - - 1 1 4 2 0 2 0 30 4 2 2 5 0 1 0 0 0 0 0 0 45 3 2 2 2 2 1 0 1 0 0 0 0 00 3 2 1 1 2 2 0 --- -- 2 -- 1 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 10 ---- ---8-- ---- -- ---6---- -- - -9--- --- --6-- ---- - ---5-----1---- --- ----3---- -0- ----2- ----- -- 24 Hour Total 80 AM peak hour begins 10:15 AM peak volume 10 Peak hour factor 0.63 ' PM peak hour begins 12:15 PM peak volume 12 Peak hour factor 0.75 ***************************** ***** ***** ************** ************ ************** Jul 15 East bound Volume for Lane 2 End Time 00 01 02 03 04 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 0 0 1 3 30 0 0 0 0 0 0 0 0 0 0 2 1 45 0 0 0 0 0 0 1 1 2 2 2 0 00 0 0 0 0 0 0 0 1 2 3 3 3 Total Hr 0 0 0 0 0-----1---- --- ----4---- -5- ----8- ----- - -- ---- End Time 12 -- --- 13 -------- 14 --- - 15 -- -- 16 --- 17 18 19 20 21 22 23 -------- ---- 15 3 ---- 4 2 3 2 2 2 3 1 0 4 0 30 4 5 3 7 2 1 0 1 0 0 0 0 45 4 2 0 1 1 1 1 0 1 0 0 0 3 00 2 3 1 0 2 1 ---- -- 2 -- 0 ---- -- 0 -- 0 ---- 0 ---- --- -------- Hr Total 14 ---- 13 ---- -- 8 -- - 12 --- 5 ---- 6 4 6 2 0 4 0 24 Hour Total 101 AM peak hour be gins 10:15 AM peak volume 10 Peak hour fa ctor 0.83 PM peak hour be gins 12:30 PM peak volume 16 Peak hour fa ctor 0.80 ¦ *************** ***************************************************** *********** Adams Traffic 813-763-7763 ' Volume Report with 24 Hour Totals Page 2 ORIGINAL Data File D071 5002.PRN RECEIVED Station 0000 07120603 ' Identification 0001 45150009 Interval 15 minutes 0 SEp " 0 7 2006 Start date Jul 15, 06 Start time 00:0 I Stop date Jul 15, 06 Stop time 24:00 ll PLANNING DEPARTMENT City/Town Clea rwater County as Pine CITY OF CLEARWATER Location West Marine Du ncan Ave nue Driveway *************** * **** ******** ** ********************** *** *********************** 15 Jul Tot al Volume for-All Lanes --- - ------ End Time 00 ------ 01 - ---- 02 03 - - 04 05 06 --- ---- -- 07 -- 08 09 ---- ---- 10 11 ---- ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- 0 ---- 0 - 0 0 0 0 3 1 5 30 0 0 0 0 0 0 0 0 1 0 3 1 45 0 0 0 0 0 0 1 1 3 4 5 0 0 00 1 0 0 0 --0 -- 0 -1 5 5 7 3 --- ' Hr Total 0 --- 1 -- 0 - 0 --- 0 - --- 0 1 ---------- 2 --- 9 12 ------------- 16 9 ---------- --------------- ' End Time 12 ------ 13 -------- 14 -- 15 -------- 16 ---- 17 18 -- 19 --20 --21 --22 23 -------- ---- 15 3 ---- 6 ---- -- 3 -- 4 -- 4 3 3 7 3 0 6 0 30 8 7 5 12 2 2 0 1 0 0 0 0 ' 45 7 4 2 3 3 2 1 1 1 0 0 0 00 6 4 4 2 2 4 1 --- -- 4 -- 1 0 ---- ---- 0 0 ---- ---- -------- ---- Hr Total 24 ---- 21 ---- -- 14 -- 21 ---- 11 ---- - 11 5 13 5 0 ---- 6 0 -- ------------- -- -- ---- -- T , ------- -------------- --- 24 Hour Total 18 ) p AM peak hour begins 10.15 eak AM volume 20 Peak hour factor 0.71 PM peak hour begins 12:15 PM peak volume 27 Peak hour factor 0.84 ********************* ********** ********************** *** *********************** Adams Traffic 8 13-763-7763 Volume Repo rt with 24 H our Tot als Page 1 ORIGINAL Data File D071 6002 . PRN Station 0000 07120603 RECEIVED Identifica tion 0001 45150009 Int erval 15 minut es Start date Jul 16, 06 Sta rt time 00:00 S EP 0 7 2006 Stop date Jul 16, 06 Sto p time 24:00 City/Town Clea rwater Cou nty Pinellas PLAN NING DEPARTMENT Location West Marine Dunca n Avenue Dri veway CITY OF CLEARWATER Jul 16 West bound Volume for ------ Lane 1 ------- --- --------- ---- ----- ----- ---------- End Time ------ 00 ----- 01 -------- 02 ----- 03 ----- 04 - 05 - 06 --- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- - 15 --- - 0 --- 0 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 0 0 0 1 30 0 1 0 0 0 0 0 0 0 1 5 0 45 0 0 0 0 0 0 0 0 1 0 0 0 00 0 0 0 0 0 0 - - 0 --- -- 0 -- 0 ---- -- 1 -- 1 ---- 2 ---- -------- - Hr Total --- - 0 --- 1 ---- -- 0 -- - 0 --- 0 --- 0 ---- 0 ------- 0 --- 1 --------- 2 ---- 6 ----- 3 ----- --------- End Time ----- 12 ----- 13 -------- 14 ----- 15 ----- 16 --- 17 - 18 --- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- - 15 --- - 4 --- 7 ---- -- 4 -- - 0 --- 0 ---- 0 0 0 0 0 0 0 30 0 3 3 4 2 1 0 0 0 0 1 0 45 5 5 1 1 2 0 1 0 0 0 0 0 00 0 1 1 4 0 1 - 0 --- -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- - Hr Total --- - 9 - --- 16 ----- ---- -- 9 -------- -- - 9 ----- --- 4 ----- ---- 2 ------- 1 ------- 0 --- 0 --------- 0 --- 1 ------ 0 ----- ---------- 24 Hour To ----- tal 64 1 AM peak ho ur begins 10:15 AM peak volume 7 Peak hour factor 0.35 PM peak ho ur begins 13:00 PM peak volume 16 Peak hour factor 0.57 Jul 16 East bound Volume for Lane 2 ------- --- --------- --- ------ ----- ---------- End Time ------ 00 ----- 01 -------- 02 ----- 03 ---- 04 -------- 05 - 06 --- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- - 15 --- - 0 --- 1 ---- -- 0 -- - 0 --- 0 ---- 0 0 0 0 0 1 0 30 0 0 0 0 0 0 0 0 0 0 1 0 45 0 0 0 0 0 1 0 0 2 1 2 1 00 0 0 0 0 1 0 0 -- 0 -- 0 ---- -- 0 -- 1 ---- 0 ---- -------- - Hr Total --- - 0 --- 1 ---- -- 0 -- - 0 --- 1 ---- - 1 --- --- 0 ------- 0 --- 2 --------- 1 --- 5 ------ 1 ----- ---------- End Time ------ 12 ----- 13 -------- 14 ----- 15 ---- 16 ----- 17 -- - 18 --- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- - 15 --- - 0 --- 14 ---- -- 4 -- - 0 --- 1 -- 0 0 0 0 0 0 0 30 5 5 0 6 3 0 0 0 0 0 0 0 45 4 2 3 1 1 0 0 0 0 0 0 0 00 2 2 1 5 0 2 0 --- -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- - Hr Total --- - 11 ---- --- 23 ----- ---- -- 8 -------- -- - 12 ----- --- 5 ---- ---- - 2 -------- 0 ------- 0 --- 0 --------- 0 --- 0 ------ 0 ----- ---------- 24 Hour To -- tal 73 AM peak ho ur beg ins 11:30 AM peak volume 6 Peak hour factor 0.30 PM peak ho ur beg ins 12:15 PM peak volume 25 Peak hour factor 0.45 Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 **************** ******** ********** ************** *** ******** *********** Data File D071 6002.PRN Station 0000 07120603 Identification 0001 45150009 Interval 15 minutes Start date Jul 16, 06 Start time 00:00 Stop date Jul 16, 06 Stop time 24:00 City/Town Clea rwater County Pinellas Location West Marine Duncan Avenue Driveway ********************* ******** ** ********************** *** ************* ********** Jul 16 Tot al Volume for All Lanes ----------- --- ------------- ----- ----- --------------- End Time 00 ------ 01 -------- 02 -- 03 -------- 04 --- 05 06 ---- -- 07 -- 08 09 ---- ---- 10 ---- 11 ---- -------- ---- 15 0 ---- 1 ---- -- 0 -- 0 ---- 0 ---- 0 0 0 0 0 1 1 30 0 1 0 0 0 0 0 0 0 1 6 0 45 0 0 0 0 0 1 0 0 3 1 2 1 00 0 0 0 0 1 0 0 ---- -- 0 -- 0 1 ---- ---- 2 ---- 2 ---- -------- ---- Hr Total 0 ---- 2 ---- -- 0 -- 0 ---- 1 ---- 1 0 -------- 0 --- 3 3 ------------- 11 ----- 4 ----- --------------- End Time 12 ------ 13 -------- 14 -- 15 -------- 16 ------ 17 18 --- -- 19 -- 20 21 ---- ---- 22 ---- 23 ---- -------- ---- 15 4 ---- 21 ---- -- 8 -- 0 ---- 1 ---- - 0 0 0 0 0 0 0 30 5 8 3 10 5 1 0 0 0 0 1 0 45 9 7 4 2 3 0 1 0 0 0 0 0 00 2 3 2 9 0 3 0 --- -- 0 -- 0 0 ---- ---- 0 ---- 0 ---- -------- ---- Hr Total 20 ---- 39 ---- -- 17 -- 21 ---- 9 ---- - 4 1 0 0 0 ---- 1 ----- 0 --- - ' -- -------- -------------- --- --------- 24 Hour Total 137 AM peak hour be gins 1 30 AM peak volume 12 Peak hour factor 0.33 PM peak hour be gins 12:30 PM peak volume 40 Peak hour factor 0.48 *************** **************** ************************* ************* ***** ***** ORIGINAL RECEIVED SEP 0'7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 8 13-763-7763 Volume Repo rt with 24 Hour Tot als Pag e 1 Data File D071 7002 . PRN ORIGINAL Station 0000 07120603 RECEIVED Identification 0001 45150009 Interval 15 minutes Start date Jul 17, 06 Start time 00:00 ??? c O ?oOU Stop date Jul 17, 06 Stop time 24:00 City/Town Clea rwater County Pinellas PLANNING DEPAKMENT Location West Marine ** Dunca ***** n Avenue Driveway ******************* ** ** * * * * * * * * * * * TMQM, RWATER *************** ****** ****** Jul 17 West bound Volume for Lane 1 - --- --------- --- ------- ---- --------------- End Time 00 ------ 01 -------- 02 ----- 03 ----- 04 ------------- 05 06 - -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- --- 0 0 0 1 0 1 2 30 0 0 0 0 0 1 0 1 0 0 2 3 45 0 0 0 0 0 0 0 0 0 3 2 1 00 0 0 0 0 0 0 0 - 1 -- 1 ---- -- 1 -- 1 ---- 2 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- ---- - 1 0 ---- 2 --- 2 --------- 4 --- 6 ------- 8 ---- --------------- End Time 12 ------ 13 -------- 14 ----- 15 ----- 16 ---------- 17 18 -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 0 ---- 2 ---- -- 2 -- - 0 --- 3 ---- ---- 1 2 0 1 0 0 0 30 3 0 1 6 0 0 6 0 0 1 0 0 45 1 1 3 1 2 1 0 2 0 0 0 0 00 6 2 1 2 2 2 2 - -- 2 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 10 - ---- 5 ------ ---- -- 7 -------- -- - 9 ----- --- 7 ----- ---- --- 4 10 -------------- 4 --- 1 --------- 1 --- 0 ------- 0 ---- -------------- 24 Hour Total 81 AM peak hour be gins 10:30 AM peak volume 8 Peak hour factor 0.67 PM peak hour be gins 12:15 PM peak volume 12 Peak hour factor 0.50 *************** ****** ******** ***** ******************* *** ********* ************** Jul 17 East bound Volume for Lane 2 -- --------- --- ------- ---- --------------- End Time 00 ------ 01 -------- 02 ----- 03 ----- 04 -------------- 05 06 --- -- - 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- - 0 0 0 2 0 2 5 30 0 0 0 0 0 1 0 1 0 3 3 3 45 0 0 0 0 0 0 0 1 0 1 1 2 00 0 0 0 0 0 1 1 -- 2 -- 0 ---- -- 3 -- 2 ---- 3 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- ---- 2 1 ------- 4 --- 2 --------- 7 --- 8 ------- 13 ---- --------------- End Time 12 ------ 13 -------- 14 ----- 15 ---- 16 -------- 17 18 - -- 19 -- 20 ---- -- 21 -- 22 ---- 23 -.--- -------- ---- 15 2 ---- 4 ---- -- 2 -- - 2 --- 3 ---- --- 2 1 0 0 0 0 0 30 1 1 4 1 0 2 5 1 0 0 0 0 45 3 1 4 0 3 3 0 3 0 0 0 0 00 2 1 4 2 1 3 3 - -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 8 ---- 7 ---- ---- -- 14 -------- -- - 5 ----- --- 7 ---- ---- --- 10 9 --------------- 4 --- 0 --------- 0 --- 0 ------- 0 ---- --------------- 24 Hour Total -- 101 AM peak hour be gins 11:00 AM peak volume 13 Peak hour factor 0.65 PM peak hour be gins 14:00 PM peak volume 14 Peak hour factor 0.88 *************** ************** ***** ******************************* ************** Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0717002.PRN Station 000007120603 Identification 000145150009 Interval 15 minutes Start date Jul 17, 06 Start time 00:00 Stop date Jul 17, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine Duncan Avenue Driveway Jul 17 Tot al Volume for All Lanes ---------- --- --------- ---- ----- ----- --------------- End Time 00 -------------- 01 02 -- 03 -------- 04 ---- 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- 0 0 0 3 0 3 7 30 0 0 0 0 0 2 0 2 0 3 5 6 45 0 0 0 0 0 0 0 1 0 4 3 3 00 0 0 0 0 0 1 1 -- -- 3 -- 1 ---- -- 4 -- 3 ---- 5 ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- 0 ---- 0 ---- -- 3 1 ---- 6 --- 4 --------- 11 ---- 14 ----- 21 ----- --------------- End Time 12 -------------- 13 14 -- 15 -------- 16 ---------- 17 18 -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 2 ---- ---- -- 6 4 -- 2 ---- 6 ---- ---- 3 3 0 1 0 0 0 30 4 1 5 7 0 2 11 1 0 1 0 0 45 4 2 7 1 5 4 0 5 0 0 0 0 00 8 3 5 4 3 5 5 -- 2 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 18 ---- ---- -- 12 21 -- 14 ---- 14 ---- ---- 14 19 8 1 1 0 0 ------ -------------- --- --------- ---- ----- ----- 24 Hour Total :C8 AM peak hour begins 11:00 AM peak volume 21 Peak hour fac tor 0.75 PM peak hour begins 17:30 PM peak volume 23 Peak hour fac tor 0.52 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-76 3-7763 Volume Report wi th 24 Hour Tot als Page 1 ******************* ********* ********** ************** *** ************* *******60GGINAL Data File D07 18002.PRN RECEIVED Station 000 007120603 Identification 000 145150009 Interval 15 minutes SEP 07 2006 1J Start date Jul 18, 06 Start time 00:00 Stop date Jul 18, 06 Stop time 24: 00 PLANNING DEPARTMENT City/Town Cle arwater County Pinellas CITY OFCLEARWATER Location Wes t Marine Duncan Avenue Driveway ******************** ********* ********** ************** *** ************* ********** Jul 18 West bound Volume for Lane 1 ---------- --- --------- ---- ---- ------ --------------- End Time 00 ----- 01 --------- 02 ---------- 03 04 ---- 05 06 ---- -- 07 -- 08 09 ---- ---- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- ---- 0 0 ---- 0 0 0 0 1 0 1 30 0 0 0 0 0 0 0 0 1 1 5 1 45 0 0 0 0 0 0 0 0 0 1 1 3 00 0 0 0 0 0 0 1 ---- -- 1 -- 0 ---- -- 1 -- 1 ---- 0 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- ---- 0 0 ---- 0 1 ------- 1 --- 1 --------- 4 ---- 7 ---- 5 ------ --------------- End Time 12 ----- 13 --------- 14 ---------- 15 16 ------- 17 18 --- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 0 ---- 1 ---- -- 1 -- ---- 5 2 ---- - 2 0 0 0 0 0 0 30 0 2 0 0 2 0 1 1 0 0 1 0 45 1 1 1 4 2 3 0 1 1 0 0 0 00 3 1 3 2 1 3 3 -- -- 2 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 4 -- ---- 5 ----- ---- -- 5 --------- -- ---- 11 7 ---------- ---- -- 8 4 -------------- 4 --- 1 --------- 0 ---- 1 ---- 0 ------ ------------- 24 Hour Total 69 AM peak hour be gins 10:15 AM peak volume 8 Peak hour factor 0.40 PM peak hour be gins 14:45 PM peak volume 12 Peak hour factor 0.60 *************** ************************************** *** ********* **** **** ****** Jul 18 Eastbound Volume for Lane 2 --------- --- --------- ---- ---- ------ --------------- End Time 00 ----- 01 --------- 02 ---------- 03 04 ----- 05 06 --- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- ---- 0 0 ---- - 0 0 1 2 1 0 2 30 0 0 0 0 0 0 0 0 3 3 3 4 45 0 0 0 0 0 0 0 1 1 2 0 1 00 0 0 0 0 0 1 2 --- -- 1 -- 0 ---- -- 2 -- 1 ---- 0 --- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- ---- 0 0 ---- - 1 2 -------- 3 --- 6 --------- 8 ---- 4 ---- 7 ------ --------------- End Time 12 ----- 13 --------- 14 --------- 15 16 ------- 17 18 ---- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 2 ---- 2 ---- -- 1 -- ---- 4 6 ---- 3 0 0 0 0 0 0 30 1 2 1 3 1 1 0 0 0 0 1 0 45 2 2 3 2 2 2 0 1 0 0 0 0 00 5 1 4 3 4 0 1 --- -- 0 -- 0 ---- -- 0 -- 0 ---- 0 --- -------- ---- Hr Total 10 - ---- 7 ----- ---- -- 9 --------- -- ---- 12 13 --------- ---- - 6 1 --------------- 1 --- 0 --------- 0 ---- 1 ---- 0 ----- -------------- 24 Hour Total 91 AM peak hour be gins 09:00 AM peak volume 8 Peak hour factor 0.67 PM peak hour be gins 14:30 PM peak volume 14 Peak hour factor 0.88 *************** ************************************************** ******** ****** Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0718002.PRN Station 000007120603 Identification 000145150009 Interval 15 minutes Start date Jul 18, 06 Start time 00:00 Stop date Jul 18, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location West Marine Duncan Avenue Driveway Jul 18 Tot al Volume for All Lanes ---------- --- --------- ---- ----- ----- -------------- End Time 00 --------------- 01 02 ---------- 03 04 ---- 05 06 ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- ---- -- 0 0 -- ---- 0 0 ---- 0 0 1 2 2 0 3 30 0 0 0 0 0 0 0 0 4 4 8 5 45 0 0 0 0 0 0 0 1 1 3 1 4 00 0 0 0 0 0 1 3 ---- -- 2 -- 0 ---- -- 3 -- 2 ---- 0 ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- ---- 0 0 ---- 1 3 ------- 4 --- 7 --------- 12 ---- 11 ----- 12 ----- -------------- End Time 12 --------------- 13 14 ---------- 15 16 ------- 17 18 - -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 2 ---- ---- -- 3 2 -- ---- 9 8 ---- --- 5 0 0 0 0 0 0 30 1 4 1 3 3 1 1 1 0 0 2 0 45 3 3 4 6 4 5 0 2 1 0 0 0 00 8 2 7 5 5 3 4 --- -- 2 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 14 ---- ---- -- 12 14 -- ---- 23 20 ---- - 14 5 5 1 0 - 2 0 -------------- --------------- ' --------- --------------- --- --------- 24 Hour Total 60) :Cj AM peak hour begins 09:30 AM peak volume 14 Peak hour factor 0.44 PM peak hour begins 14:45 PM peak volume 25 Peak hour factor 0.69 ORIGINAL RECEIVED SEP 0'7 2006 PLANNING DEHARIMENT CITY OF CLEARWATUR Adams Traffic 8 13-763-7763 Volume Repo rt with 24 Hour Totals Page 1 Data File D071 9002.PRN ORIGINAL Station 0000 07120603 RECEIVED Identification 0001 45150009 Interval 15 minutes Start date Jul 19, 06 Start time 0000 SEP 0 7 2006 Stop date Jul 19, 06 Stop time 24:00 City/Town Clea rwater County Pinellas PLANNING DEPARTMENT Location West Marine Dunca n Avenue Driveway PJT.Y Qf CLEARWATER Jul 19 West bound Volume for Lane 1 ----------- --- --------- --- ------ ----- --------------- End Time 00 ------ 01 -------- 02 ----- 03 ----- 04 --- 05 06 - ---- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- - 0 --- 0 --- 0 2 0 0 1 0 1 30 0 0 0 0 0 0 0 0 0 2 0 1 45 0 0 0 0 0 0 0 0 1 2 0 0 00 0 0 0 0 0 0 0 -- -- 0 -- 0 ---- -- 2 -- 1 ---- 0 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- -- 0 2 -------- 0 --- 1 --------- 7 --- 1 ------ 2 ----- --------------- End Time 12 ------ 13 -------- 14 ----- 15 ----- 16 ------ 17 18 ---- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 1 ---- 0 ---- -- 0 -- - 0 --- 0 ---- 0 3 0 4 0 0 0 30 0 0 0 1 0 2 1 0 0 0 0 0 45 0 0 0 0 0 1 2 0 1 0 0 0 00 0 0 0 0 2 2 2 ---- -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 1 ---- 0 ------ ---- -- 0 -------- -- - 1 ----- --- 2 ----- ---- 5 8 -------------- 0 --- 5 --------- 0 --- 0 ------ 0 ----- --------------- 24 Hour Total 35 AM peak hour begins 09:00 AM peak volume 7 Peak hour factor 0.88 PM peak hour begins 17:15 PM peak volume 8 Peak hour factor 0.67 Jul 19 East bound Volume for Lane 2 ----- --- --------- --- ------ ----- --------------- End Time 00 ------ 01 -------- 02 ----- 03 ----- 04 --------- 05 06 --- -- 07 -- 08 ---- -- 09 -- 10 ---- 11 ---- -------- ---- 15 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- - 0 2 0 1 0 0 1 30 0 0 0 0 0 0 0 0 2 3 0 0 45 0 0 0 0 0 0 0 0 0 5 0 0 00 0 0 0 0 0 1 0 --- -- 3 -- 5 ---- -- 4 -- 1 ---- 3 ---- -------- ---- Hr Total 0 ---- 0 ---- -- 0 -- - 0 --- 0 ---- - 1 2 -------- 3 --- 8 --------- 12 --- 1 ------ 4 ----- --------------- End Time 12 ------ 13 -------- 14 ----- 15 ---- 16 ------- 17 18 ---- -- 19 -- 20 ---- -- 21 -- 22 ---- 23 ---- -------- ---- 15 3 ---- 3 ---- -- 1 -- - 1 --- 1 ---- 4 1 0 2 0 0 0 30 4 0 0 1 2 2 1 0 0 0 0 0 45 1 4 5 2 0 0 0 1 0 0 0 0 00 2 3 4 1 4 4 0 ---- -- 0 -- 0 ---- -- 0 -- 0 ---- 0 ---- -------- ---- Hr Total 10 -- ---- 10 ------ ---- -- 10 -------- -- - 5 ----- --- 7 ---- ---- 10 2 --------------- 1 --- 2 --------- 0 --- 0 ------ 0 ----- ------------- 24 Hour Total 88 AM peak hour begins 08:45 AM peak volume 13 Peak hour factor 0.65 PM peak hour begins 14:30 PM peak volume 11 Peak hour factor 0.55 Adams Traffic 813-763-7763 Volume Report wi th 24 Hour Tot als Page 2 ORIGINAL Data File D0719002 . PRN RECENED Station 000007120603 Identification 000145150009 Interval 15 minutes SEP 7 2006 Start date Jul 19, 06 Start time 00:00 Stop date Jul 19, 06 Stop time 24 : 00 ll i PLANNING DEPARTMENT City/Town Clearwater County P ne as CITY OF CLEARWATE Location West Marine Duncan Avenue Driveway R Jul 19 Tot al Volume for All Lanes ----------- --- --------- --- ----------- --------------- End Time 00 -------------- 01 02 ---------- 03 04 --- 05 06 -- 07 -- 08 ---- -- 09 -- 10 11 ---- ---- -------- ---- 15 0 ---- ---- -- 0 0 -- ---- 0 0 ---- ---- 0 4 0 1 1 0 2 30 0 0 0 0 0 0 0 0 2 5 0 1 45 0 0 0 0 0 0 0 0 1 7 0 0 00 0 0 0 0 0 1 0 --- -- 3 -- 5 ---- -- 6 -- 2 3 ---- ---- -------- ---- Hr Total 0 ---- ---- -- 0 0 -- ---- 0 0 ---- - 1 4 - 3 --- 9 --------- 19 --- 2 6 ----------- --------------- End Time 12 -------------- 13 14 ---------- 15 16 ------------ - 17 18 19 -- 20 ---- -- 21 -- 22 23 ---- ---- -------- ---- 15 4 ---- ---- -- 3 1 -- ---- 1 1 ---- ---- -- 4 4 0 6 0 0 0 30 4 0 0 2 2 4 2 0 0 0 0 0 45 1 4 5 2 0 1 2 1 1 0 0 0 00 2 3 4 1 6 6 2 - -- 0 -- 0 ---- -- 0 -- 0 0 ---- ---- -------- ---- Hr Total 11 ---- ---- -- 10 10 -- ---- 6 9 ---- --- 15 10 1 7 0 0 0 ---------------------- ------ ---------- -------------- --- --------- --- ----------- 24 Hour Total 23 AM peak hour begins 09.00 AM peak volume 19 Peak hour factor 0.68 PM peak hour begins 16:45 PM peak volume 15 Peak hour factor 0.63 (DO 7 -7? 54 (12 S co SUN 4M 14 i t-t ??z -IT 4 ?146? .' Z .21 -? *;Z05 I ??I?IAI?AI RECEIVED SFP 07 zoos PLANNING DEpAfttMENQ CITY OF CLEARWATER I Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D0713003.PRN RECEIVED Station 000007120601 Identification 000140510021 Interval 15 minutes SEP 07 200 Start date Jul 13, 06 Start time 00:00 Stop date Jul 13, 06 Stop time 24:00 AI?Ni(r City/Town Clearwater County Pinellas PU OF NG CL DEPARTMDARNER CITY Location SR 60 east of Duncan Avenue Jul 13 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 74 62 33 26 42 48 160 255 310 325 317 322 30 69 31 25 21 36 88 176 287 354 330 339 348 45 51 34 15 18 38 110 216 295 308 349 312 397 00 49 34 23 18 39 123 229 340 336 295 331 362 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 243 161 96 83 155 369 781 1177 1308 1299 1299 1429 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 370 401 370 431 486 447 430 414 271 215 171 141 30 381 365 382 402 493 525 461 333 229 178 152 120 45 387 405 398 475 435 511 557 279 198 219 130 117 00 387 381 443 476 402 463 496 240 191 164 117 73 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1525 1552 1593 1784 1816 1946 1944 1266 889 776 570 451 ------------------------------------------------------------------------------- 24 Hour Total 24512 AM peak hour begins 11:30 AM peak volume 1510 Peak hour factor 0.95 PM peak hour begins 17:00 PM peak volume 1946 Peak hour factor 0.93 Jul 13 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 87 38 23 24 23 55 162 295 344 354 356 375 30 79 36 29 26 24 67 235 370 403 357 391 382 45 65 44 16 30 34 65 256 380 479 378 378 411 00 61 34 25 28 48 107 306 441 454 387 420 420 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 292 152 93 108 129 294 959 1486 1680 1476 1545 1588 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 435 445 407 401 495 391 430 339 247 214 192 123 30 415 417 388 428 495 479 449 281 273 243 178 125 45 428 461 446 460 436 469 .415 321 222 206 167 122 00 440 467 421 473 403 489 384 272 239 213 157 92 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1718 1790 1662 1762 1829 1828 1678 1213 981 876 694 462 ------------------------------------------------------------------------------- 24 Hour Total 26295 AM peak hour begins 08:15 AM peak volume 1690 Peak hour factor 0.88 PM peak hour begins 15:30 PM peak volume 1923 Peak hour factor 0.97 Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0713003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 13, 06 Start time 00:00 Stop date Jul 13, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue ******************************************************************************* Jul 13 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 161 100 56 50 65 103 322 550 654 679 673 697 30 148 67 54 47 60 155 411 657 757 687 730 730 45 116 78 31 48 72 175 472 675 787 727 690 808 00 110 68 48 46 87 230 535 781 790 682 751 782 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 535 313 189 191 284 663 1740 2663 2988 2775 2844 3017 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 805 846 777 832 981 838 860 753 518 429 363 264 30 796 782 770 830 988 1004 910 614 502 421 330 245 45 815 866 844 935 871 980 972 600 420 425 297 239 00 827 848 864 949 805 952 880 512 430 377 274 165 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3243 3342 3255 3546 3645 3774 3622 2479 1870 1652 1264 913 --------------------------- ---------------------------------------------------- 24 Hour Total : 50807 AM peak hour begins 11:30 AM peak volume 3191 Peak hour factor 0.98 PM peak hour begins 15:30 PM peak volume 3853 Peak hour factor 0.97 ORIGINAL RECEIVED SFP 0 7 2006 PLANNING DEEM RENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D0714003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 14, 06 Start time 00:00 Ff2E'G v, Stop date Jul 14, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 14 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 86 39 56 26 26 48 154 240 344 315 338 411 30 64 40 43 18 30 83 191 274 325 309 346 371 45 52 45 29 27 44 126 240 306 358 295 357 410 00 73 29 30 27 43 132 210 294 346 329 379 421 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 275 153 158 98 143 389 795 1114 1373 1248 1420 1613 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 431 408 395 450 465 513 395 339 248 284 284 238 30 424 487 425 502 503 488 401 281 273 347 282 198 45 387 403 453 464 499 436 375 283 202 288 247 185 00 398 395 444 508 464 398 314 226 252 242 219 192 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1640 1693 1717 1924 1931 1835 1485 1129 975 1161 1032 813 ------------------------------------------------------------------------------- 24 Hour Total 26114 AM peak hour begins 11:30 AM peak volume 1686 Peak hour factor 0.98 PM peak hour begins 16:15 PM peak volume 1979 Peak hour factor 0.96 Jul 14 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 90 48 45 28 27 58 127 266 391 400 360 408 30 96 38 37 24 25 77 202 379 400 352 401 393 45 71 47 28 18 41 108 282 377 458 373 419 486 00 53 34 31 36 40 117 286 414 466 349 435 397 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 310 167 141 106 133 360 897 1436 1715 1474 1615 1684 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 454 489 469 445 494 468 398 390 333 314 233 203 30 447 438 430 435 477 484 390 347 342 310 255 238 45 479 436 442 448 487 427 449 417 342 282 214 171 00 476 428 471 499 485 522 395 379 347 289 211 165 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1856 1791 1812 1827 1943 1901 1632 1533 1364 1195 913 777 ------------------------------------------------------------------------------- 24 Hour Total 28582 AM peak hour begins 11:30 AM peak volume 1784 Peak hour factor 0.92 PM peak hour begins 15:45 PM peak volume 1957 Peak hour factor 0.98 RECEIVED SEP 07 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0714003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 14, 06 Start time 00:00 Stop date Jul 14, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 14 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 176 87 101 54 53 106 281 506 735 715 698 819 30 160 78 80 42 55 160 393 653 725 661 747 764 45 123 92 57 45 85 234 522 683 816 668 776 896 00 126 63 61 63 83 249 496 708 812 678 814 818 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 585 320 299 204 276 749 1692 2550 3088 2722 3035 3297 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 885 897 864 895 959 981 793 729 581 598 517 441 30 871 925 855 937 980 972 791 628 615 657 537 436 45 866 839 895 912 986 863 824 700 544 570 461 356 00 874 823 915 1007 949 920 709 605 599 531 430 357 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3496 3484 3529 3751 3874 3736 3117 2662 2339 2356 1945 1590 --------------------------- --------------------------------------------------- 24 Hour Total : 54696 AM peak hour begins 11:30 AM peak volume 3470 Peak hour factor 0.97 PM peak hour begins 15:45 PM peak volume 3932 Peak hour factor 0.98 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARliviENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D0715003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 15, 06 Start time 00:00 Stop date Jul 15, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 15 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 155 96 98 53 44 41 73 120 189 238 281 326 30 119 87 74 50 40 59 106 132 206 221 292 341 45 123 91 57 37 35 63 96 161 205 278 298 348 00 107 88 35 39 44 94 110 160 230 270 318 359 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 504 362 264 179 163 257 385 573 830 1007 1189 1374 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 376 370 348 407 430 446 394 319 236 348 302 295 30 370 336 360 403 417 436 396 367 306 337 304 247 45 367 343 374 434 418 428 370 312 279 316 271 273 00 359 332 366 414 386 407 369 267 279 320 355 304 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1472 1381 1448 1658 1651 1717 1529 1265 1100 1321 1232 1119 ------------------------------------------------------------------------------- 24 Hour Total 23980 AM peak hour begins 11:30 AM peak volume 1453 Peak hour factor 0.97 PM peak hour begins 17:00 PM peak volume 1717 Peak hour factor 0.96 ****************************************************************************** Jul 15 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 144 103 79 38 42 49 91 147 195 293 378 481 30 126 80 67 46 38 61 114 180 248 302 441 469 45 100 65 60 40 43 69 126 188 251 348 413 483 00 113 91 56 39 42 69 154 179 299 347 413 474 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 483 339 262 163 165 248 485 694 993 1290 1645 1907 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 434 450 450 413 392 394 348 320 368 305 290 208 30 473 455 415 417 389 414 385 372 331 263 274 183 45 399 444 433 408 360 383 404 354 304 272 262 171 00 455 437 456 412 402 356 394 356 310 281 215 155 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1761 1786 1754 1650 1543 1547 1531 1402 1313 1121 1041 717 ------------------------------------------------------------------------------- 24 Hour Total 25840 AM peak hour begins 11:00 AM peak volume 1907 Peak hour factor 0.99 PM peak hour begins 12:45 PM peak volume 1804 Peak hour factor 0.99 ******************************************************************************* ORIGINAL RECEIVED `:hP 07 2006 "ANNING DEPARTMENT °'JTY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0715003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 15, 06 Start time 00:00 Stop date Jul 15, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue ***************************************************************************** Jul 15 Total Volume for All Lanes ------------------------------------------------------- ----------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 299 199 177 91 86 90 164 267 384 531 659 807 30 245 167 141 96 78 120 220 312 454 523 733 810 45 223 156 117 77 78 132 222 349 456 626 711 831 00 220 179 91 78 86 163 264 339 529 617 731 833 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 987 701 526 342 328 505 870 1267 1823 2297 2834 3281 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 810 820 798 820 822 840 742 639 604 653 592 503 30 843 791 775 820 806 850 781 739 637 600 578 430 45 766 787 807 842 778 811 774 666 583 588 533 444 00 814 769 822 826 788 763 763 623 589 601 570 459 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3233 3167 3202 3308 3194 3264 3060 2667 2413 2442 2273 1836 ------------------------------------------------------------------------------- 24 Hour Total 498PO AM peak hour begins 11: AM peak volume 3317 Peak hour factor 0.98 PM peak hour begins 15:15 PM peak volume 3310 Peak hour factor 0.98 ******************************************************************************* ORIGINAL RECEIVED ,qFP 0 7 2006 PLANNING Utrtim, ,*( CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 ******************************************************************************** Data File D0716003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 16, 06 Start time 00:00 Stop date Jul 16, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue ******************************************************************************* Jul 16 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 206 112 111 37 41 37 54 65 121 225 258 294 30 155 107 72 54 43 33 58 90 118 207 261 277 45 155 94 58 45 35 41 66 110 157 215 288 313 00 119 114 58 30 17 64 84 97 171 247 301 314 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 635 427 299 166 136 175 262 362 567 894 1108 1198 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 349 366 317 378 394 462 377 305 311 360 324 169 30 320 342 353 384 398 425 388 316 358 411 327 149 45 385 352 382 426 404 443 388 367 347 342 346 131 00 315 352 342 405 370 385 377 298 339 337 225 90 -------- ---- ---- --- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1369 1412 1394 1593 1566 1715 1530 1286 1355 1450 1222 539 ------------------------------------------------------------------------------- 24 Hour Total 22660 AM peak hour begins 11:30 AM peak volume 1296 Peak hour factor 0.84 PM peak hour begins 17:00 PM peak volume 1715 Peak hour factor 0.93 ******************************************************************************* Jul 16 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 140 107 60 41 38 52 89 90 117 203 292 334 30 110 85 75 61 31 89 76 110 125 210 280 398 45 135 77 46 65 32 83 96 122 179 256 359 361 00 96 85 51 48 43 90 87 95 193 271 405 371 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 481 354 232 215 144 314 348 417 614 940 1336 1464 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 401 429 439 419 337 152 163 140 150 116 90 63 30 453 478 488 433 [84 157 160 135 123 101 68 64 45 499 445 416 397 49 177 138 157 113 102 80 48 00 448 475 463 361 76 169 147 130 113 78 64 50 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1801 1827 1806 1610 846 655 608 562 499 397 302 225 ------------------------------------------------------------------------------- 24 Hour Total 17997 AM peak hour begins 11:30 AM peak volume 1586 Peak hour factor 0.79 PM peak hour begins 12:30 PM peak volume 1854 Peak hour factor 0.93 ********************************************************************609l **** RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0716003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 16, 06 Start time 00:00 Stop date Jul 16, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 16 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- -- -- ---- ---- ---- ---- ---- ---- 15 346 219 171 78 79 89 143 155 238 428 550 628 30 265 192 147 115 74 122 134 200 243 417 541 675 45 290 171 104 110 67 124 162 232 336 471 647 674 00 215 199 109 78 60 154 171 192 364 518 706 685 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1116 781 531 381 280 489 610 779 1181 1834 2444 2662 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 750 795 756 797 731 614 540 445 461 476 414 232 30 773 820 841 817 582 582 548 451 481 512 395 213 45 884 797 798 823 553 620 526 524 460 444 426 179 00 763 827 805 766 546 554 524 428 452 415 289 140 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3170 3239 3200 3203 2412 2370 2138 1848 1854 1847 1524 764 ------------------------------------------------------------------------------- 24 Hour Total 40657 AM peak hour begins 11:30 AM peak volume 2882 Peak hour factor 0.82 PM peak hour begins 12:30 PM peak volume 3262 Peak hour factor 0.92 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D0717003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 17, 06 Start time 00:00 Stop date : Jul 17, 06 Stop time : 24 : 00 '4 of, s - City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 17 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 82 51 55 22 31 58 183 233 307 298 324 367 30 64 55 51 31 29 84 183 265 332 309 341 355 45 65 38 39 24 39 122 224 317 324 339 365 375 00 61 50 20 36 46 126 202 304 338 316 341 380 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 272 194 165 113 145 390 792 1119 1301 1262 1371 1477 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 433 378 394 427 441 503 382 292 227 248 179 120 30 409 400 382 454 415 460 339 265 208 218 148 118 45 369 364 403 442 448 437 326 239 215 179 125 78 00 347 372 401 460 428 360 275 211 216 145 129 89 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1558 1514 1580 1783 1732 1760 1322 1007 866 790 581 405 ------------------------------------------------------------------------------- 24 Hour Total 23499 AM peak hour begins 11:30 AM peak volume 1597 Peak hour factor 0.92 PM peak hour begins 16:30 PM peak volume 1839 Peak hour factor 0.91 Jul 17 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 39 25 19 6 10 19 99 166 188 188"-, 359 355 30 30 13 16 14 5 39 129 189 213 181 349 363 45 25 13 10 9 15 53 129 234 216 190 358 398 00 30 13 15 11 26 74 148 230 247 358 345 399 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 124 64 60 40 56 185 505 819 864 917 1411 1515 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 401 420 394 389 380 388 376 349 247 195 157 109 30 408 478 377 375 400 433 346 316 241 220 161 112 45 422 422 399 417 373 392 345 294 273 200 135 110 00 416 457 396 436 374 412 315 254 230 192 112 100 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1647 1777 1566 1617 1527 1625 1382 1213 991 807 565 431 ------------------------------------------ ------------------------------------ 24 Hour Total 21708 AM peak hour begins 11:30 AM peak volume 1606 Peak hour factor 0.95 PM peak hour begins 13:00 PM peak volume 1777 Peak hour factor 0.93 ORIGINAL RECEIVED SEP 0 7 2006 L, h PLANNING DEPT RIMIIENT CITY OF CI_EAMATF.T Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0717003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 17, 06 Start time 00:00 Stop date Jul 17, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 17 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 121 76 74 28 41 77 282 399 495 486 683 722 30 94 68 67 45 34 123 312 454 545 490 690 718 45 90 51 49 33 54 175 353 551 540 529 723 773 00 91 63 35 47 72 200 350 534 585 674 686 779 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 396 258 225 153 201 575 1297 1938 2165 2179 2782 2992 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 834 798 788 816 821 891 758 641 474 443 336 229 30 817 878 759 829 815 893 685 581 449 438 309 230 45 791 786 802 859 821 829 671 533 488 379 260 188 00 763 829 797 896 802 772 590 465 446 337 241 189 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3205 3291 3146 3400 3259 3385 2704 2220 1857 1597 1146 836 ------------------------------------------------------------------------------- 24 Hour Total 5207' AM peak hour begins 1`1°30 AM peak volume 3203 Peak hour factor 0.96 PM peak hour begins 16:45 PM peak volume 3415 Peak hour factor 0.96 ?, .,m ;a. ? e?i 9 ` ?, '?'e?': '`t?UF ?,D? n ?r?U?i?, 4??.1' ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D0718003.PRN ' Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 18, 06 Start time 00:00 ' Stop date Jul 18, 06 Stop time 24:00 ?' h f ' City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue 1 Jul-18-------------------Eastbound Volume for Lane 1 ----------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 86 42 25 29 21 55 174 246 345 289 350 358 30 45 35 23 18 30 71 188 295 344 287 334 350 45 53 37 20 20 49 109 210 347 312 327 365 351 00 39 38 18 19 54 117 226 301 343 308 305 382 r -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 223 152 86 86 154 352 798 1189 1344 1211 1354 1441 ------------------------------------------------------------------------------- i End Time -12 _-13 --14 15 --16 --17 18 19 --20 21 22 23 15 427 347 388 432 486 517 424 286 228 223 172 110 30 397 420 383 439 448 447 384 254 173 230 158 120 r 45 413 375 406 418 469 477 309 246 202 170 118 87 00 391 376 403 431 419 375 245 202 233 181 108 76 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1628--1518--1580--1720 1822 1816 1362 988 836 804 556 393 ------------- ------------------------------------------------ 24 Hour Total 23413 AM peak hour begins 11:30 AM peak volume 557 Peak hour factor 0.91 860 Peak hour factor 0.90 PM peak hour begins 16:45 PM peak volume :(1360- Jul 18 Westbound Volume for Lane 2 r ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 68 52 26 13 19 58 133 298 361 404 346 355 30 63 35 22 14 20 60 203 374 464 372 362 378 45 60 44 29 24 38 81 280 368 400 375 376 374 00 41 30 26 22 37 104 296 434 435 395 385 400 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 232 161 103 73 114 303 912 1474 1660 1546 1469 1507 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 365 435 427 388 416 398 337 336 251 216 197 124 30 398 410 426 371 391 400 280 339 227 214 162 116 45 412 420 359 370 376 406 252 310 266 211 156 89 -- -00 426 418 368 441 380 372 282 262 218 174 144 77 ----- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1601 1683 1580 1570 1563 1576 1151 1247 962 815 659 406 24 Hour Total 24367 AM peak hour begins 08:15 AM peak volume 1703 Peak hour factor 0.92 PM peak hour begins 12:45 PM peak volume 1691 Peak hour factor 0.97 RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0718003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 18, 06 Start time 00:00 Stop date Jul 18, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 18 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 154 94 51 42 40 113 307 544 706 693 696 713 30 108 70 45 32 50 131 391 669 808 659 696 728 45 113 81 49 44 87 190 490 715 712 702 741 725 00 80 68 44 41 91 221 522 735 778 703 690 782 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 455 313 189 159 268 655 1710 2663 3004 2757 2823 2948 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 792 782 815 820 902 915 761 622 479 439 369 234 30 795 830 809 810 839 847 664 593 400 444 320 236 45 825 795 765 788 845 883 561 556 468 381 274 176 00 817 794 771 872 799 747 527 464 451 355 252 153 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3229 3201 3160 3290 3385 3392 2513 2235 1798 1619 1215 799 ------------------------------------------------------------------------------- 24 Hour Total 47780 AM peak hour begins 11:30 AM peak volume 3094 Peak hour factor 0.94 PM peak hour begins 15:45 PM peak volume 3458 Peak hour factor 0.96 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEFARI MENT CITY OF CLEARWATER Adams Traffic 813-763-7763 1 Volume Report with 24 Hour Totals Page 1 Data File D0719003.PRN ' Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 19, 06 Start time 00:00 WE'()?, .{ Stop date Jul 19, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue ****************************************************************** -k ******* *** ' Jul 19 ---Eastbound-Volume for Lane 1 End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 67 39 26 16 25 58 161 225 313 302 333 370 30 48 35 33 14 30 83 173 282 343 326 330 351 45 52 38 26 15 34 112 229 329 334 291 300 376 00 46 31 21 20 44 128 226 342 298 312 331 377 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 213 143 106 65 133 381 789 1178 1288 1231 1294 1474 ------------------------------------------------------------------------------- End-Time 12 --13 14 15 16 17 --18 --19 20 21 22 23 15 417 389 406 439 400 444 357 305 261 239 221 143 30 380 361 374 398 413 466 299 251 225 221 158 132 ' 45 394 418 412 395 441 387 293 244 208 176 141 77 00 426 394 403 433 389 328 260 217 213 184 112 91 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1617 1562--1595--1665 1643 1625 1209 1017 907 820 632 443 ------------------- ------------------------------------------------ 24 Hour Total 23030 AM peak hour begins 11:30 AM peak volume 1550 Peak hour factor 0.93 ' PM peak hour begins 16:30 PM peak volume 1740 Peak hour factor 0.93 ******************************************************************************* Jul 19 Westbound Volume for Lane 2 End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 86 45 27 16 14 41 157 298 367 396 360 415 ' 30 83 36 28 19 21 75 193 375 409 336 345 350 45 65 36 23 12 26 80 268 384 436 380 356 385 00 52 28 28 19 37 104 299 409 453 347 334 424 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 286 145 106 66 98 300 917 1466 1665 1459 1395 1574 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 420 341 421 415 392 413 403 307 239 243 180 108 30 417 408 390 363 398 404 360 295 257 234 186 120 45 335 416 363 363 373 409 333 279 238 194 168 98 ---00 382 372 356 418 370 335 322 282 269 186 128 104 ----- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1554 1537 1530 1559 1533 1561 1418 1163 1003 857 662 430 24 Hour Total 24284 AM peak hour begins 08:15 AM peak volume 1694 Peak hour factor 0.93 PM peak hour begins 13:15 PM peak volume 1617 Peak hour factor 0.96 ******************************************************************************* ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0719003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 19, 06 Start time 00:00 Stop date Jul 19, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 19 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 153 84 53 32 39 99 318 523 680 698 693 785 30 131 71 61 33 51 158 366 657 752 662 675 701 45 117 74 49 27 60 192 497 713 770 671 656 761 00 98 59 49 39 81 232 525 751 751 659 665 801 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 499 288 212 131 231 681 1706 2644 2953 2690 2689 3048 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 837 730 827 854 792 857 760 612 500 482 401 251 30 797 769 764 761 811 870 659 546 482 455 344 252 45 729 834 775 758 814 796 626 523 446 370 309 175 00 808 766 759 851 759 663 582 499 482 370 240 195 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3171 3099 3125 3224 3176 3186 2627 2180 1910 1677 1294 873 ------------------------------------------------------------------------------- 24 Hour Total : 47314 AM peak hour begins 11:30 AM peak volume 3196 Peak hour factor 0.95 PM peak hour begins 16:30 PM peak volume 3300 Peak hour factor 0.95 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPQiMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 ************************************************************************* Data File D0720003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 20, 06 Start time 00:00 Stop date Jul 20, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue ******************************************************************************* Jul 20 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 68 43 25 26 25 61 167 230 349 325 312 354 30 66 31 31 22 31 78 189 288 372 337 318 394 45 48 35 28 27 34 111 231 325 332 310 363 369 00 43 39 20 21 39 122 216 290 293 343 340 382 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 225 148 104 96 129 372 803 1133 1346 1315 1333 1499 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 436 396 386 433 480 491 422 308 242 208 181 163 30 403 402 355 432 441 492 385 308 212 192 159 99 45 370 408 451 457 421 450 377 248 199 201 174 124 00 404 364 384 491 470 374 304 246 184 195 153 107 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1613 1570 1576 1813 1812 1807 1488 1110 837 796 667 493 ------------------------------------------------------------------------------- 24 Hour Total 24085 AM peak hour begins 11:30 AM peak volume 1590 Peak hour factor 0.91 PM peak hour begins 16:45 PM peak volume 1903 Peak hour factor 0.97 ******************************************************************************* Jul 20 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 75 51 25 20 22 53 137 293 364 356 338 370 30 85 34 24 27 25 64 219 353 411 371 369 392 45 62 41 26 24 32 77 272 388 433 367 383 380 00 58 50 22 29 43 103 297 418 489 367 359 377 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 280 176 97 100 122 297 925 1452 1697 1461 1449 1519 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 448 439 409 392 376 388 395 291 279 261 213 129 30 408 415 429 415 362 413 392 293 238 242 165 111 45 458 425 394 427 428 451 350 272 260 191 181 114 00 496 419 393 410 371 390 336 290 256 208 144 119 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1810 1698 1625 1644 1537 1642 1473 1146 1033 902 703 473 ------------------------------------------------------------------------------- 24 Hour Total 25261 AM peak hour begins 08:00 AM peak volume 1697 Peak hour factor 0.87 PM peak hour begins 12:00 PM peak volume 1810 Peak hour factor 0.91 ******************************************************************************* ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0720003.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 20, 06 Start time 00:00 Stop date Jul 20, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 20 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 143 94 50 46 47 114 304 523 713 681 650 724 30 151 65 55 49 56 142 408 641 783 708 687 786 45 110 76 54 51 66 188 503 713 765 677 746 749 00 101 89 42 50 82 225 513 708 782 710 699 759 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 505 324 201 196 251 669 1728 2585 3043 2776 2782 3018 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 884 835 795 825 856 879 817 599 521 469 394 292 30 811 817 784 847 803 905 777 601 450 434 324 210 45 828 833 845 884 849 901 727 520 459 392 355 238 00 900 783 777 901 841 764 640 536 440 403 297 226 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3423 3268 3201 3457 3349 3449 2961 2256 1870 1698 1370 966 ------------------------------------------------------------------------------- 24 Hour Total : EE AM peak hour begins 11:30 AM peak volume 3203 Peak hour factor 0.91 PM peak hour begins 16:45 PM peak volume 3526 Peak hour factor 0.97 ******************************************************************************* ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 Data File D0721001.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 21, 06 Start time 00:00 Stop date Jul 21, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 21 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 90 52 40 28 23 56 170 230 318 283 336 371 30 70 46 37 24 28 68 181 274 356 312 361 355 45 68 36 30 30 46 129 221 292 320 350 349 394 00 41 50 21 26 49 122 225 312 319 331 370 396 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 269 184 128 108 146 375 797 1108 1313 1276 1416 1516 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 422 408 437 474 484 497 396 315 247 300 239 174 30 397 390 414 427 504 453 373 281 290 268 222 175 45 431 407 430 462 466 474 341 293 260 197 195 139 00 385 424 402 494 462 348 310 275 336 227 169 133 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1635 1629 1683 1857 1916 1772 1420 1164 1133 992 825 621 ------------------------------------------------------------------------------- 24 Hour Total 25283 AM peak hour begins 11:30 AM peak volume 1609 Peak hour factor 0.93 PM peak hour begins 15:45 PM peak volume 1948 Peak hour factor 0.97 Jul 21 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 84 39 46 30 22 37 160 296 333 414 380 389 30 81 48 46 28 27 79 201 335 404 324 383 434 45 84 36 28 23 35 96 294 352 404 362 428 404 00 60 35 37 25 46 104 297 421 421 423 361 385 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 309 158 157 106 130 316 952 1404 1562 1523 1552 1612 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 420 460 479 427 411 451 422 369 340 222 260 175 30 446 505 447 436 494 431 392 369 324 227 198 170 45 473 427 435 447 460 464 358 333 293 206 200 153 00 444 432 396 462 394 421 384 381 239 223 195 121 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1783 1824 1757 1772 1759 1767 1556 1452 1196 878 853 619 ------------------------------------------------------------------------------- 24 Hour Total 26997 AM peak hour begins 11:30 AM peak volume 1655 Peak hour factor 0.87 PM peak hour begins 12:30 PM peak volume 1882 Peak hour factor 0.93 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0721001.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 21, 06 Start time 00:00 Stop date Jul 21, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 21 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 174 91 86 58 45 93 330 526 651 697 716 760 30 151 94 83 52 55 147 382 609 760 636 744 789 45 152 72 58 53 81 225 515 644 724 712 777 798 00 101 85 58 51 95 226 522 733 740 754 731 781 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 578 342 285 214 276 691 1749 2512 2875 2799 2968 3128 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 842 868 916 901 895 948 818 684 587 522 499 349 30 843 895 861 863 998 884 765 650 614 495 420 345 45 904 834 865 909 926 938 699 626 553 403 395 292 00 829 856 798 956 856 769 694 656 575 450 364 254 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3418 3453 3440 3629 3675 3539 2976 2616 2329 1870 1678 1240 ------------------------------------------------------------------------------- 24 Hour Total 52280_ AM peak hour begins 11:30 AM peak volume 3264 Peak hour factor 0.90 PM peak hour begins 15:45 PM peak volume 3775 Peak hour factor 0.95 ORIGINAL RECEIVED SFP 0 7 2006 PLANNING u&,4:h , CITY OF CLEARkfVNTE Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 1 ********* ****************************************************************** 9IGINAL Data File D0722001.PRN RECEIVED Station 000007120601 Identification 000140510021 Interval 15 minutes SEP 07 2006 Start date Jul 22, 06 Start time 00:00 k- Stop date Jul 22, 06 Stop time 24 : 00 PLANNING DEPARTMENT City/Town Clearwater County Pinellas CITY OF CLEARWATER Location SR 60 east of Duncan Avenue ******************************************************************************* Jul 22 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 121 67 68 38 35 51 78 111 173 237 251 287 30 108 67 65 38 48 54 98 121 190 253 305 329 45 100 79 43 31 37 66 107 164 235 247 297 339 00 91 81 33 36 29 59 119 136 236 277 282 333 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 420 294 209 143 149 230 402 532 834 1014 1135 1288 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 341 370 325 357 395 403 419 327 256 304 265 317 30 374 421 316 333 373 402 400 301 281 328 312 276 45 405 428 295 407 394 397 381 320 283 310 294 243 00 326 298 321 392 415 369 301 269 282 303 258 184 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1446 1517 1257 1489 1577 1571 1501 1217 1102 1245 1129 1020 ------------------------------------------------------------------------------- 24 Hour Total 22721 AM peak hour begins 11:30 AM peak volume 1387 Peak hour factor 0.86 PM peak hour begins 16:45 PM peak volume 1617 Peak hour factor 0.97 ******************************************************************************* Jul 22 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 125 62 65 39 41 42 78 146 177 222 309 374 30 126 85 49 59 30 59 112 133 182 261 321 398 45 93 52 49 49 29 61 133 172 231 301 363 427 00 89 70 49 37 30 77 147 172 237 342 388 395 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 433 269 212 184 130 239 470 623 827 1126 1381 1594 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 408 340 396 389 346 371 346 339 304 255 276 188 30 400 402 428 369 345 339 333 378 302 322 244 198 45 438 433 387 384 390 325 327 352 261 267 239 178 00 412 390 394 420 410 339 334 324 295 316 216 147 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1658 1565 1605 1562 1491 1374 1340 1393 1162 1160 975 711 ------------------------------------------------------------------------------- 24 Hour Total 23484 AM peak hour begins 11:30 AM peak volume 1630 Peak hour factor 0.93 PM peak hour begins 12:00 PM peak volume 1658 Peak hour factor 0.95 ******************************************************************************* Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0722001.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 22, 06 Start time 00:00 Stop date Jul 22, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 22 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 246 129 133 77 76 93 156 257 350 459 560 661 30 234 152 114 97 78 113 210 254 372 514 626 727 45 193 131 92 80 66 127 240 336 466 548 660 766 00 180 151 82 73 59 136 266 308 473 619 670 728 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 853 563 421 327 279 469 872 1155 1661 2140 2516 2882 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 749 710 721 746 741 774 765 666 560 559 541 505 30 774 823 744 702 718 741 733 679 583 650 556 474 45 843 861 682 791 784 722 708 672 544 577 533 421 00 738 688 715 812 825 708 635 593 577 619 474 331 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 3104 3082 2862 3051 3068 2945 2841 2610 2264 2405 2104 1731 ------------------------------------------------------------------------------- 24 Hour Total 0,5 AM peak hour begins 11:30 AM peak volume 3017 Peak hour factor 0.89 PM peak hour begins 12:45 PM peak volume 3132 Peak hour factor 0.91 ORIGINAL RECEIVER SEP 07 2006 PLANNING ©EPAh t w,off CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Pohl Data File D0723001.PRN RECENED Station 000007120601 Identification 000140510021 Interval 15 minutes SP O 2006 ,( Start date Jul 23, 06 Start time 00:00 \j0 ek PLANNING DI:P Stop date Jul 23, 06 Stop time 24:00 ARTMENT CITY OF CL.EARWATER City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 23 Eastbound Volume for Lane 1 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 184 97 105 53 35 38 59 70 105 186 225 284 30 147 104 84 41 28 27 55 71 133 172 263 299 45 134 82 40 45 33 36 54 114 168 215 277 313 00 149 94 49 31 37 48 68 104 167 204 309 308 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 614 377 278 170 133 149 236 359 573 777 1074 1204 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 321 312 340 352 407 352 395 271 247 346 196 144 30 311 317 340 333 421 371 343 264 213 268 182 114 45 311 352 330 378 375 316 269 242 293 263 160 113 00 292 295 358 417 329 334 359 229 286 204 144 88 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1235 1276 1368 1480 1532 1373 1366 1006 1039 1081 682 459 ------------------------------------------------------------------------------- 24 Hour Total 19841 AM peak hour begins 11:30 AM peak volume 1253 Peak hour factor 0.98 PM peak hour begins 15:30 PM peak volume 1623 Peak hour factor 0.96 Jul 23 Westbound Volume for Lane 2 ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 120 77 61 45 47 34 56 98 92 162 221 314 30 117 83 81 44 41 35 67 80 127 180 259 341 45 124 68 63 64 41 35 80 109 150 221 301 358 00 100 75 41 31 28 50 67 116 160 237 305 327 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 461 303 246 184 157 154 270 403 529 800 1086 1340 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 360 422 359 314 350 307 288 288 227 207 163 106 30 394 337 363 398 318 315 248 277 247 212 135 116 45 419 380 329 333 318 313 311 250 214 177 124 108 00 402 372 309 319 279 288 266 247 232 164 121 95 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1575 1511 1360 1364 1265 1223 1113 1062 920 760 543 425 ------------------------------------------------------------------------------- 24 Hour Total 19054 AM peak hour begins 11:30 AM peak volume 1439 Peak hour factor 0.86 PM peak hour begins 12:15 PM peak volume 1637 Peak hour factor 0.97 ******************************************************************************* Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0723001.PRN Station 000007120601 Identification 000140510021 Interval 15 minutes Start date Jul 23, 06 Start time 00:00 Stop date Jul 23, 06 Stop time 24:00 City/Town Clearwater County Pinellas Location SR 60 east of Duncan Avenue Jul 23 Total Volume for All Lanes ------------------------------------------------------------------------------- End Time 00 01 02 03 04 05 06 07 08 09 10 11 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 304 174 166 98 82 72 115 168 197 348 446 598 30 264 187 165 85 69 62 122 151 260 352 522 640 45 258 150 103 109 74 71 134 223 318 436 578 671 00 249 169 90 62 65 98 135 220 327 441 614 635 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 1075 680 524 354 290 303 506 762 1102 1577 2160 2544 ------------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 20 21 22 23 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 681 734 699 666 757 659 683 559 474 553 359 250 30 705 654 703 731 739 686 591 541 460 480 317 230 45 730 732 659 711 693 629 580 492 507 440 284 221 00 694 667 667 736 608 622 625 476 518 368 265 183 -------- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 2810 2787 2728 2844 2797 2596 2479 2068 1959 1841 1225 884 -- - --------------------------------------------------- 24 Hour Total Q388,9,'5 AM peak hour begins 11:30 AM peak volume 2692 Peak hour factor 0.92 PM peak hour begins 15:30 PM peak volume 2943 Peak hour factor 0.97 ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Adams Traffic 813-763-7763 Volume Report wi th 24 Hour Totals Page 1 ORIGINAL Data File D0724001.PRN Station 000007120601 RECEIVED Identification 000140510021 Interval 15 minutes Start date Jul 24, 06 Start time 00:00 SEP 0 7 2006 Stop date Jul 24, 06 Stop time 12:00 V City/Town Clearwater County Pinellas PLANNING DEPARTMENT Location SR 60 east o f Duncan Avenue CITY OF CLEARWATER Jul 24 East bound Volume for Lane 1 ----------- ------------ ----------- --------------- End Time 00 ----- 01 --------- 02 ---------- 03 04 ------ 05 06 07 - ---- 08 09 ---- ---- 10 11 ---- ---- -------- ---- 15 83 ---- 54 ---- -- 49 -- ---- 16 26 ---- --- 58 146 235 349 288 278 367 30 57 43 38 24 33 72 180 292 325 334 323 368 45 58 38 28 15 49 140 213 279 351 316 387 432 00 59 45 27 25 37 115 232 288 ---- 304 312 ---- ---- 294 355 ---- ---- -------- ---- Hr Total 257 ---- 180 ---- -- 142 -- ---- 80 145 ---- ---- 385 771 1094 --------- 1329 1250 ------------ 1282 1522 ----------- --------------- End Time 12 ---- ----- 13 ---- --------- 14 ---- -- ---------- 15 16 -- ---- -------- 17 18 19 ---- ---- ---- 20 21 ---- ---- 22 23 ---- ---- -------- 15 30 45 00 --- ---- ---- -- -- ---- ---- ---- ---- ---- ---- ---- ---- -------- - Hr Total -- --------- ---------- ----------------- ------------ ----------- --------------- 24 Hour Total --- 8437 AM peak hour begins 11:00 AM peak volume 1522 Peak hour fa ctor 0.88 PM peak hour begins PM peak volume Peak hour fa ctor Jul 24 Westbound Volume for Lane 2 ------- ------------ ----------- --------------- End Time 00 ----- 01 --------- 02 ---------- 03 04 ---------- 05 06 07 -- ---- 08 09 ---- ---- 10 11 ---- ---- -------- ---- 15 85 ---- 59 ---- -- 37 -- ---- 16 33 ---- -- 46 151 302 363 366 373 334 30 77 42 32 17 18 69 209 301 428 376 341 393 45 58 40 28 25 23 76 269 377 373 328 362 407 00 58 36 28 18 43 109 270 467 ---- 428 368 ---- ---- 417 398 ---- ---- -------- ---- Hr Total 278 ---- 177 ---- -- 125 -- ---- 76 117 ---- ---- 300 899 1447 --------- 1592 1438 ------------ 1493 1532 ----------- -------------- End Time 12 ------ ---- ------ 13 ---- --------- 14 ---- -- --------- 15 16 -- ---- --------- 17 18 19 ---- ---- ---- 20 21 ---- ---- 22 23 ---- ---- -- 15 30 45 00 - ---- ---- ---- -- -- ---- ---- ---- ---- ---- ---- ---- ---- ------- Hr Total ----- --------- --------- ------------------ ------------ ----------- -------------- 24 Hour Total - 9474 AM peak hour begins 07:30 AM peak volume 1635 Peak hour factor 0.88 PM peak hour begins PM peak volume Peak hour factor Adams Traffic 813-763-7763 Volume Report with 24 Hour Totals Page 2 Data File D0724001.PRN RECEIVED Station 000007120601 Identification 000140510021 Interval 15 minutes SF r O 7 2006 Start date Jul 24, 06 Start time 00:00 Stop date Jul 24, 06 Stop time 12:00 PLANNING DEPARTMENT City/Town Clearwater County Pinellas CITY OF CLEARWATER Location SR 60 east of Duncan Avenue Jul 24 Total Volume for All Lanes - End Time 00 - 01 02 03 - - 04 05 06 07 ---- 08 09 ---- ---- 10 11 ---- ---- -------- ---- 15 168 ---- ---- ---- 113 86 32 ---- 59 ---- ---- 104 297 537 712 654 651 701 30 134 85 70 41 51 141 389 593 753 710 664 761 45 116 78 56 40 72 216 482 656 724 644 749 839 00 117 81 55 43 80 224 502 755 ---- 732 680 ---- ---- 711 753 ---- ---- -------- ---- Hr Total 535 ---- ---- ---- 357 267 156 ---- 262 ---- ---- 685 1670 2541 ------- 2921 2688 ------------ 2775 3054 ----------- --------------- Time 12 End -- ---------------- 13 14 15 ---- ---- ---- -------- 16 ---- ---------- 17 18 19 ---- ---- ---- 20 21 ---- ---- 22 23 ---- ---- - - - 15 30 45 00 --- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- -------- - Hr Total -- - ----- -- ---- --- 24 Hour Total : 17911 AM peak hour be gins 11:00 AM peak volume 3054 Peak hour fa ctor 0.91 PM peak hour be gins PM peak volume Peak hour fa ctor rr rr =r m mom mm r r mm r r r r r r PEAK HOUR / P.H.F. DATA PROJECT: WEST MARINE PROJECT NO: 06-051 LOCATION: Duncan Ave (N-S) & Gulf to Bay Blvd (E-W) DATE: July 11, 2006 LANE TYPE: SPEED LIMIT: SIGNAL TIMING: A G Y R (SECONDS) NB 2 Lane NB 25 NB SIB 2 Lane SB 25 SB EB 6 Lane Div EB 40 EB B Lane Div B 0 N/A 13 4 132 N/A 13 4 132 9 100 4 18 WB 22 126 4 18 AM PEAK HOUR COUNTS TIME NB NB NB SB SB SIB EB EB EB WB WB WB TOTAL HOURLY AM L T R L T R L T R L T R VOLUME VOLUMES 7:00-7:15 7:15-7:30 7:30-7:45 7:45-8:00 8:00-8:15 8:15-8:30 8:30-8:45 8:45-9:00 PEAK HOUR TIME AM 8:00-8:15 8:15-8:30 8:30-8:45 8:45-9:00 ;1- 7 ^4 1 3 2. 5? ° ?228^° " F3T ,: 17... :r§gg <5;, ; 3 548 -5' +5 1 0; 2': 246 8 X64 319 3i; 664 9 6 .306 4 18 •396 2 753 5 6' 7Q, 8 2 4 •5 296 2 15 402- ,q6'? 760 2,725 A ,0" 9 10 2, 1 , 293 3 8 349 1: 689 2,866 13 6 -1t 9? - . '350 5 9 '446 855 3,057 4 4 ? 9 r . A-2 2' 5 ? ' 302. 5 '12'' ' ,,, 362_ 723 3,027 HOURLY FLOW DIAGRAM 61 3 2 4-. 315 ,8 12 452- 5 - 828 3,095 58 48 38 32 51 49 34 13 41 2,328 38 155 3,012 29 5,820 1 I NB NB NB SIB SB SB EB EB EB WB WB WB TOTAL 6 19 33 L T R L T R L T R. L T R VOLUME I I I 689 1,639 - 23 14 1,664 4 9 3 6 1 z9+ 350;. 5 C9 e446 hT 855 1,260 4--- 1,609 4 '202 12 '362723 1,304 21 41 - 1,327 3 - 12 4828 4 f 24 11 34 33 19 6 23 1,260 21 41 1,609 14 3,095 24 11 34 INTERSECTION PEAK HOUR B:00-9:00 INTERSECTION PHF 0.90 INTERSECTION PEAK HOUR VOLUME 3,095 PEAK HOUR VOLUME NB 69 PHF NB 0.91 PEAK HOUR VOLUME SB 58 PHF SB 0.76 PEAK HOUR VOLUME EB 1,304 PHF EB 0.90 PEAK HOUR VOLUME WB 1,664 PHF WB 0.89 1 1 81 69 'O n Q Z O Q G r- -1 M o E C" r r r rr sr r r ar rr r PEAK HOUR / P.H.F. DATA r r r r r rr ar rr rr rr rr ar r? r? PROJECT: WEST MARINE PROJECT NO: 06-051 LOCATION: Gulf to Bay Blvd (N-S) & Duncan Ave (E-W) DATE: July 11, 2006 LANE TYPE: SPEED LIMIT: SIGNAL TIMING: A G Y_ R. (SECONDS) NB 2 Lane NB 25 NB SB 2 Lane SB 25 SB N/A 12 4 120 ES 6 Lane Div EB 40 EB 6 100 4 17 WB 6 Lane Div WB 40 WB 9 105 4 17- TIME PM 4:00-4:15 4:15-4:30 4:30-4:45 4:45-5:00 5:00-5:15 5:15-5:30 5:30-5:45 5:45-6:00 PEAK HOUR TIME PM 4:45-5:00 5:00-5:15 5:15-5:30 5:30-5:45 N/A 12 4 120 PM PEAK HOUR'COUNTS NB NB NB SB SB SB EB EB EB WB WB WB TOTAL HOURLY L T R L T R. L T R L T R VOLUME VOLUMES :aS6`9 -'28-6. 775-- 8 ' 3 6,, 6 3 4; -350, 3 -19 185 603 9' 2 9 'S 3: 3 . 4 ' ` 403 2 ;26 265 2 733 8 ;14 34: 2- 3: 417 • 16 311' 7 . 784 2,895 .3 9 14. 7 11: '? ` 11 480 F5 8 267; 6:: - 821 2,941 6 : 12, At 2 1 7 4,89' 1.15 ` 23 ,300 5? 871 3,209 2 8, 12.. {: ; 1, .. 4 ; 404 31, 274 3: 748 3,224 HOURLY FLOW DIAGRAM 21. 3° `•: ,341t '3 18 62* 9' : 762 3,202 -- -- -- - - -- -- -- ---- 63 84 41 59 71 61 27 16 54 3,321 24 140 2,240 43 6,097 1 1 NB NB NB SB SB SB EB EB EB WB WB WB TOTAL 7 18 38 L T R L T R L T R. L T R VOLUME I I 8. . `.14 _3°; 2 3" '417 .; 1 -_ 6 ' 1 78 1,173 f- 25 21-1,241 3 9 14 :7 '3: 111 = - y- 480 S 8? 2670 6 821 1,790 -? - 1,152 6 12 _ v 8 - 13 .2 - ;T 7s' ; 48,9, 5 23+ 30D 5;. 871 1,826 -? 11 i- 68 -? 1,870 = 12 - -: 4 =6a 1-, X41 404. -. 0 =„31i ' ='27A 3. "': 748 f - ^ 14 38 42 38 18 7 25 1,790 11 68 1,152 21 - 3,224 14 38 42 INTERSECTION PEAK HOUR 4:45-5:45 INTERSECTION PHF 0.93 INTERSECTION PEAK HOUR VOLUME 3,224 PEAK HOUR VOLUME NB 94 PHF NB 0.90 PEAK HOUR VOLUME SB 63 PHF SB 0.83 PEAK HOUR VOLUME EB 1,826 PHF EB 0.91 PEAK HOUR VOLUME WB 1,241 PHF WB 0.95 1 1 97 94 ORIGINAL RECEIVED PP 4 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Detailed Report Page 1 of 2 ORIGINAL QECWfiD HCS2000 DETAILED REPORT General Information Site Information Analyst RP Agency or Co. GCC Date Performed 711112006 Time Period AM PEAK Intersection GULF-TO-BA Y /DUNCAN PLANNING, ; Area Type All other areas CITY OF C Jurisdiction FDOT/CLWTR Analysis Year 2006 EXISTING Project ID Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 3 0 1 3 0 0 1 0 0 1 0 Lane group L TR L TR LTR LTR Volume, V (vph) 23 1260 21 41 1609 14 24 11 34 33 19 6 % Heavy vehicles, %HV 4 4 4 4 4 4 2 2 2 2 2 2 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 4 3 4 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade I Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 NS Perm 06 07 08 G= 7.0 G= 100.0 G= G= G= 26.0 G= G= G= Timing Y= 5 Y= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 150.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 26 1423 46 1804 77 65 Lane group capacity,c 213 3309 288 3313 266 259 v/c ratio, X 0.12 0.43 0.16 0.54 0.29 0.25 1 0.75 0.67 0.75 0.67 0.17 0.17 ' 2006 EPARTMENT :ARWAT:r file://C:\Documents%20and%20Settings\rpergolizzi. GCC\Local%20Settings\Temp\s2k93... 7/11/2006 Detailed Report Page 2 of 2 Total green ratio, g/C Uniform delay, d, 5.4 11.7 5.2 13.1 54.0 53.6 Progression factor, PF 1.000 0.383 1.000 0.383 1.000 1.000 Delay calibration, k 0.11 0.11 0.11 0.14 0.11 0.11 Incremental delay, d2 0.3 0.1 0.3 0.2 0.6 0.5 Initial queue delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control delay 5.7 4.6 5.4 5.2 54.6 54.1 Lane group LOS A A A A D D Approach delay 4.6 5.2 54.6 54.1 Approach LOS A A D D Intersection delay 7.0 Xc = 0.50 Intersection LOS A HCS2000TM Copyright 0 2000 University of Florida, All Rights Reserved version w. i t ORIGIML RECEIVE1D ??P 0 ? 2006 file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\s2k93... 7/11/2006 I Detailed Report Page 1 of 2 HCS2000 DETAILED REPORT General Information 1 Site Information Analyst RP Agency or Co. GCC Date Performed 711212006 Time Period PM PEAK . Intersection GULF-TO-BA Y /DUNCAN RECE : Area Type All other areas Jurisdiction FDOT/CLWTR SEP 07 Analysis Year 2006 EXISTING Project ID PI.A NI G Volume and Timing Input CITY OF CL EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N, 1 3 0 1 3 0 0 1 0 0 1 0 Lane group L TR L TR LTR LTR Volume, V (vph) 25 1790 11 68 1152 21 14 38 42 38 18 7 % Heavy vehicles, %HV 4 4 4 4 4 4 2 2 2 2 2 2 Peak-hour factor, PHF 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 4 3 4 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 NS Perm 06 07 08 G= 7.0 G= 100.0 G= G= G= 26.0 G= G= G= Timing Y= 5 Y= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 150.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 27 1937 73 1262 101 68 Lane group capacity, c 330 3315 193 3309 289 240 v/c ratio, X 0.08 0.58 0.38 0.38 0.35 0.28 0.75 0.67 0.75 0.67 0.17 0.17 L D '006 ARTMENT RWATER file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\s2k4E... 7/12/2006 Detailed Report Page 2 of 2 Total green ratio, g/C Uniform delay, di 5.0 13.7 6.1 11.2 54.6 53.9 Progression factor, PF 1.000 0.383 1.000 0.383 1.000 1.000 Delay calibration, k 0.11 0.18 0.11 0.11 0.11 0.11 Incremental delay, d2 0.1 0.3 1.2 0.1 0.7 0.7 Initial queue delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control delay 5.1 5.5 7.3 4.4 55.3 54.6 Lane group LOS A A A A E D Approach delay 5.5 4.5 55.3 54.6 Approach LOS A A E D Intersection delay 7.5 X? = 0.56 Intersection LOS A HCS2000TM Copyright ® 2000 University of Florida, All Rights Reserved Version 4.1t ORIGINAL RECEIVED ,TP 0 7 2006 PLANNING um-, CITY OF CL. 14p file://C:\Documents%20and%20Settings\rpergolizzi. GCC\Local%20Settings\Temp\s2k4E... 7/12/2006 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY ?.,.,.,..?? 1"f0%rr ft+Gd%n Cito Infnrmntinn Analyst P Intersection GULF-TO-BAY/DRIVER Agency/Co. CC Jurisdiction FDOT Date Performed [7,11212006 Analysis Year 2006 EXISTING Analysis Time Period M PEAK ?%1=0ftr-R FP Project Description East/West Street: GULF-TO-BAY North/South Street: DRIVE A p Intersection Orientation: East-West Stud Period hrs : 0.25 Vehicle Volumes and Adjustments - `'C' Ma-or Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 1322 5 0 1664 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 1468 5 0 1848 0 Proportion of heavy vehicles, PHV 0 -- -- 0 -- Median type Raised curb RT Channelized? 0 0 Lanes 0 2 1 0 2 0 Configuration T R T U stream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 5 0 0 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 0 5 0 0 0 Proportion of heavy ehicles, PHV 0 0 2 0 0 0 Percent grade (%) 0 0 Flared approach N N Storage 0 0 RT Channelized? 0 0 Lanes 0 0 1 0 0 0 Configuration R Control Delay, Queue Length, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R Volume, v (vph) 5 Capacity, cm (vph) 363 /c ratio 0.01 Queue length (95%) 0.04 Control Delay (s/veh) 15.1 file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%o20Settings\Temp\u2k4F... 7/12/2006 Two-Way Stop Control Page 2 of 2 ORIGINAL RECEIVED SEP 07 2006 PLANNING DEPARTMEW MY OF CLEARWATER file://C:\Documents%20and%20Settings\rpergolizzi. GCC\Local%20Settings\Temp\u2k4F... 7/12/2006 HCS2000TM Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f Two-Way Stop Control Page 1 of 2 I TWO-WAY STOP CONTROL SUMMARY n_..........: i..o........,?:.,., Cita Infnrmatinn Analyst RP Intersection GULF-TO-BAY/DRIVEA Agency/Co. GCC Jurisdiction FDOT Date Performed 711312006 Analysis Year 2006 EXISTING G -Analysis Time Period PM PEAK RECEIV Project uescri tion East/West Street: GULF-TO-BAY North/South Street: DRIVE A Intersection Orientation: East-West Stud Period hrs : 0.25 PLANNING t Vehicle Volumes and Adjustments I I CLEA: Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 1864 6 0 1241 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 2071 6 0 1378 0 Proportion of heavy vehicles, PHV 0 -- -- 0 - Median type Raised curb RT Channelized? 0 0 Lanes 0 2 1 0 2 0 Configuration T R T Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 7 0 0 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 0 7 0 0 0 Proportion of heavy vehicles, PHV 0 0 2 0 0 0 Percent grade (%) 0 0 Flared approach N N Storage 0 0 RT Channelized? 0 0 Lanes 0 0 1 0 0 0 Configuration R Control Delay, Queue Length, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R Volume, v (vph) 7 Capacity, cm (vph) 228 /c ratio 0.03 Queue length (95%) 0.09 Control Delay (s/veh) 21.3 file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\u2k59... 7/13/2006 Two-Way Stop Control Page 2 of 2 ORIGINAL RECENED SEP 0 7 2006 PLANNING DEVAWmENIk CITY OF CLEARWJ? 7 file://C:\Documents%20and%20 Settings\rpergolizzi. GCC\Local%20 S ettings\Temp\u2k59... 7/13/2006 HCS2000TM Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency/Co. Date Performed Analysis Time Period RP GCC 711212006 AM PEAK Intersection Jurisdiction Analysis Year DUNCAN/DRIVE B ORIGI CLEARWATER RECE 2006 EXISTING c Project Description East/West Street: DRIVE B North/South Street: DUNCAN AVENUE PLANNING Intersection Orientation: North-South Stud Period hrs : 0.25 C, 1Y OF C ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 9 61 1 2 66 13 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 10 67 1 2 73 14 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR U stream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 2 0 1 7 0 3 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 2 0 1 7 0 3 Percent Heavy Vehicles 2 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th and Level of Service Approach NB SIB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR (vph) 10 2 3 10 C(m)(vph) 1509 1533 842 835 v/c 0.01 0.00 0.00 0.01 95% queue length 0.02 0.00 0.01 0.04 Control Delay 7.4 7.4 9.3 9.4 LOS A A A A pproach Delay -- -- 9.3 9.4 pproach LOS -- -- A A K ED 2006 :PARTMENT :ARWATER Rights Reserved Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f file:HC:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\u2k4F... 7/12/2006 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency/Co. Date Performed Analysis Time Period RP GCC 711312006 PM PEAK Intersection Jurisdiction Analysis Year DUNCAN/DRIVE B CLEARWATER SE 2006 EXISTING PLANNI Project Description CITY East/West Street: DRIVE B North/South Street: DUNCAN AVENUE Intersection Orientation: North-South Stud Period hrs : 0.25 71 ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 9 83 1 0 86 11 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 10 92 1 0 95 12 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 2 0 1 10 0 16 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 2 0 1 11 0 17 Percent Heavy Vehicles 2 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR (vph) 10 0 3 28 C (m) (vph) 1484 1501 784 856 lc 0.01 0.00 0.00 0.03 95% queue length 0.02 0.00 0.01 0.10 Control Delay 7.4 7.4 9.6 9.3 LOS A A A A pproach Delay -- -- 9.6 9.3 pproach LOS -- -- A A !IGINAL CEIVED 07 2006 G DEPARTM[ CLEARWATL Rights Reserved Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\u2k59... 7/13/2006 ORIGINAL RECEIVED TABLE 4 - 4 GENERALIZED PEAK HOUR TWO-WAY VOLUMES FOR FLORIDA'S URBANIZED AREAS* 07 2006 UNINTERRUPTED FLOW HIGHWAYS FREEWAYS Level of Service Interchange spacing> 2 mi. apart Lanes Divided A B C D E Level of Service 2 Undivided 180 620 1,210 1,720 2,370 Lanes A B C D E 4 Divided 1,940 3,140 4,540 5,870 6,670 4 2,310 3,840 5,350 6,510 7,240 6 Divided 2,900 4,700 6,800 8,810 10,010 6 3,580 5,930 8,270 10,050 11,180 STATE TWO-WAY ARTERIALS 8 4,840 8,020 11,180 13,600 15,130 Class I (>0.00 to 1.99 signalized intersections per mile) 10 6,110 10,110 14,110 17,160 19,050 Level of Service 12 7,360 12,200 17,020 20,710 23,000 Lanes Divided A B C D E 2 Undivided ** 400 1,310 1,560 1,610 Interchange spacing <2 mi. apart 4 Divided 460 2,780 3,300 3,390 *** Level of Service 6 Divided 700 4,240 4,950 5,080 *** Lanes A B C D E 8 Divided 890 5,510 6,280 6,440 *** 4 2,050 3,350 4,840 6,250 7,110 6 3,240 5,250 7,600 9,840 11,180 Class II (2.00 to 4.50 signalized intersections per mile) 8 4,420 7,160 10,360 13,420 15,240 Level of Service 10 5,600 9,070 13,130 16,980 19,310 Lanes Divided A B C D E 12 6,780 10,980 15,890 20,560 23,360 2 Undivided ** 180 1,070 1,460 1,550 4 Divided ** 390 2,470 3110 3,270 6 Divided ** 620 3,830 4 680j 4,920 BICYCLE MODE 8 Divided ** 800 5,060 6,060 6,360 (Note: Level of service for the bicycle mode in this table is based on roadway geometries at 40 mph posted speed and traffic conditions, not number of bicyclists Class III (more than 4.5 signalized intersections per mile and not using the facility.) (Multiply motorized vehicle volumes shown below by number within primary city central business district of an of directional roadway lanes to determine two-way maximum service volumes.) urbanized area over 750,000) Paved Shoulder Level of Service Bicycle Lane Level of Service Lanes Divided A B C D E Coverage A B C D E 2 Undivided ** ** 500 1,200 1,470 049% ** ** 310 1,310 >1,310 4 Divided ** ** 1,180 2,750 3,120 50-84% ** 240 390 >390 *** 6 Divided ** ** 1,850 4,240 4,690 85-100% 300 680 >680 *** *** 8 Divided ** ** 2,450 5,580 6,060 PEDESTRIAN MODE Class IV (more than 4.5 signalized intersections per mile and within (Note: Level of service for the pedestrian mode in this table is based on roadway primary city central business district of an urbanized area geometries at 40 mph posted speed and traffic conditions, not number of pedestrians over 750,000) using the facility.) (Multiply motorized vehicle volumes shown below by number Level of Service of directional roadway lanes to determine two-way maximum service volumes.) Lanes Divided A B C D E Level of Service 2 Undivided ** ** 490 1,310 1,420 Sidewalk Coverage A B C D E 4 Divided ** ** 1,170 2,880 3,010 049% ** ** ** 600 1,480 6 Divided ** ** 1,810 4,350 4,520 50-84% ** ** ** 940 1,800 8 Divided ** ** 2,460 5,690 5,910 85-100% ** 210 1,080 >1,080 *** NON-STATE ROADWAYS BUS MODE (Scheduled Fixed Route) Major City/County Roadways (Buses per hour) Level of Service (Note: Buses per hour shown are only for the peak hour in the single direction of higher traffic flow.) Lanes Divided A B C D E Level of Service 2 Undivided ** ** 870 1,390 1,480 Sidewalk Coverage A B C D E 4 Divided ** ** 2,030 2,950 3,120 0-84% ** >5 >4 >3 >2 6 Divided ** ** 3,170 4,450 4,690 85-100% >6 >4 >3 >2 >1 ARTERIAL/NON-STATE ROADWAY ADJUSTMENTS Other Signalized Roadways DIVIDED/UNDIVIDED (signalized intersection analysis) 6- ? (alter corresponding volume by the indicated percent) Level of Service , Lanes Median Left Turns Lanes Adjustment Factors Lanes Divided A B C D E 2 Divided Yes +5% 2 Undivided ** ** 450 950 1,200 2 Undivided No -20% 4 Divided ** ** 1,050 2,070 2,400 Multi Undivided Yes -5% Source: Florida Department of Transportation 02/22/02 Multi Undivided No -25% Systems Planning Office 605 Suwannee Street, MS 19 ONE-WAY FACILITIES Tallahassee, FL 32399-0450 Decrease corresponding two-directional volumes in this table by 40% to http://wwwI I.myflorida.com/planning/systems/sm/los/default.htm obtain the equivalent one directional volume for one-way facilities. *This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for cor ridor or intersection design, where more refined techniques exist. Values shown are hourly two-way volumes for levels of service and are for the automobile/truck modes unless specifically stated. Level of service letter grade thresholds are probably not comparable across modes and, therefore, cross modal comparisons should be made with caution. Furthermore, combining levels of service of different modes into one overall roadway level of service is not recommended. To convert to annual average daily traffic volumes, these volumes must be divided by an appropriate K factor. The table's input value defaults and level of service criteria appear on the following page. Calculations are based on planning applications of the Highway Capacity Manual, Bicycle LOS Model, Pedestrian LOS Model and Transit Capacity and Quali ty of Service Manual, respectively for the automobile/truck, bicycle, pedestrian and bus modes. *"Cannot be achieved using table input value defaults. ***Not applicable for that level of service letter grade. For automobile/truck modes, volumes greater than level of service D become F because intersection capacities have been reached. For bicycle and pedestrian modes, the level of service letter grade (including F) is not achievable , because there is no maximum vehicle volume threshold using table input value defaults. 91 APPENDIXS ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEvAkimENT CITY OF CLEARWAT General Office Building (710) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area ORIGINAL On a: Weekday RECEIVED SEP 0 7 2006 Number of Studies: 78 PLANNING DEPARTMENT CITY OF CLEARWATER Average 1000 Sq. Feet GFA: 199 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 11.01 3.58 - 28.80 6.13 Data Plot ana Equation N a c W o. •L r U L am m f0 N Q I-- 15,000 14,000 13,000 12,000 11,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 0 100 200 300 X Actual Data Points 400 500 600 700 800 X = 1000 Sq. Feet Gross Floor Area Fitted Curve Fitted Curve Equation: Ln(T) = 0.77 Ln(X) + 3.65 900 1000 1100 1200 1300 ------ Average Rate R2 = 0.80 ------------------ -- -- --- --- --- ---X ---- ...... __- __.._ .._._ .X. X X -.x -- . --- ---- ----------- ---- ,XX , X X X X X: X/ X; X XX Trip Generation, 7th Edition 1158 Institute of Transportation Engineers i General Office Building (710) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area O W Icd n a. ee ay, ORIGINAL A.M. Peak Hour RECENED Number of Studies: 217 Average 1000 Sq. Feet GFA: 223 Directional Distribution: 88% entering, 12% exiting SFP 0'7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Average Rate Range of Rates Standard Deviation 1.55 0.60 - 5.98 1.39 Trip Generation per 1000 Sq. Feet Gross Floor Area Data Plot and Equation 4,000 3,000 c W Q F- d U L 2,000 a 1-- 1,000 t 0 X ' __________________ ______ .-._.._.-- __-._.. 'X X /k X - - - - - - - - - - - - - - - - - - - - - - - - - - ------- X ----j? X ; X ; X XX X XX%X X XXX ; X 0 X Actual Data Points Fitted Curve Equation: Ln(T) = 0.80 Ln(X) + 1.55 ------ Average Rate R2 = 0.83 3000 1000 2000 X = 1000 Sq. Feet Gross Floor Area Fitted Curve Trip Generation, 7th Edition 1159 Institute of Transportation Engineers General Office Building (710) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, ORIGINAL P.M. Peak Hour RECEIVED S EP 07 2006 Number of Studies: 235 PLANNING DEPARTMENT ' Average 1000 Sq. Feet GFA: 216 CITY OF CLEARWATER Directional Distribution: 17% entering, 83% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.49 0.49 - 6.39 1.37 uata Niot anti 4,0C 3,000 U) c W Q N LU 2,000 0 N Q I- 1,000 0 ation x -------------------------' ---------- " -,-' .....,.1-------. ... x X kx x ...------x---- -------- - - -------------------------------------------------- x x x ? xx x xxx x x x YC 0 1000 2000 3000 X = 1000 Sq. Feet Gross Floor Area X Actual Data Points Fitted Curve ------ Average Rate Fitted Curve Equation: T = 1.12(X) + 78.81 R2 = 0.82 Trip Generation, 7th Edition 1160 Institute of Transportation Engineers I Detailed Report Page 1 of 2 HCS2000 DETAILED REPORT URI General Information Site Information '_rvu IVED Analyst RP Agency or Co. GCC Date Performed 711312006 Time Period AM PEAK Intersection GULF-TO-BA Y/DUNCAN SEP Area Type All other areas Jurisdiction FDOT/CLWTR PLANNING Analysis Year 2008 WITH PROJECT CITY OF Project ID 7 21 DEPA ,LEAR Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, Ni 1 3 0 1 3 0 0 1 0 0 1 0 Lane group L TR L TR LTR LTR Volume, V (vph) 24 1315 28 53 1673 15 26 11 35 34 20 6 % Heavy vehicles, %HV 4 4 4 4 4 4 2 2 2 2 2 2 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, 11 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 4 3 4 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 NS Perm 06 07 08 G= 7.0 G= 100.0 G= G= G= 26.0 G= G= G= Timing Y= 5 Y= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 150.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 27 1492 59 1876 80 67 Lane group capacity, c 202 3307 273 3313 264 259 We ratio, X 0.13 0.45 0.22 1 0.57 0.30 1 0.26 10.75 0.67 T 0.75 0.67 0.17 0.17 06 RTMEW WATER %20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\s2k5A... 7/13/2006 file://C:\Documents Detailed Report Page 2 of 2 Total green ratio, g/C Uniform delay, di 5.5 11.9 5.3 13.4 54.1 53.7 Progression factor, PF 1.000 0.383 1.000 0.383 1.000 1.000 Delay calibration, k 0.11 0.11 0.11 0.16 1 0.11 0.11 Incremental delay, d2 0.3 0.1 0.4 0.2 0.7 0.5 Initial queue delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control delay 5.8 4.7 5.7 5.4 54.7 54.2 Lane group LOS A A A A D D Approach delay 4.7 5.4 54.7 54.2 Approach LOS A A D D Intersection delay 7.1 X? = 0.53 Intersection LOS A HCS2000TM Copyright ® 2000 University of Florida, All Rights Reserved version w. u ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\s2k5A... 7/13/2006 Detailed Report HCS2000 DETAILED REPORT General Information Site Information Analyst RP Intersection GULF-TO-BAY/DUNCAN Agency or Co. GCC Area Type All other areas Date Performed 711312006 Jurisdiction FDOT/CLWTR Time Period PM PEAK Analysis Year 2008 WITH PROJECT Proiect ID Page 1 of 2 SAP 7 2006 'LANNIN ' DEPARTMEt CITY OF LLEARWATFR Volume and Timing Input EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Number of lanes, N, 1 3 0 1 3 0 0 1 0 0 1 0 Lane group L TR L TR LTR LTR Volume, V (vph) 26 1863 12 73 1198 22 24 39 44 40 19 7 % Heavy vehicles, %HV 4 4 4 4 4 4 2 2 2 2 2 2 Peak-hour factor, PHF 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 0.93 Pretimed (P) or actuated (A) A A A A A A A A A A A A Start-up lost time, I, 2.0 2.0 2.0 2.0 2.0 2.0 Extension of effective green, e 2.0 2.0 2.0 2.0 2.0 2.0 Arrival type, AT 3 4 3 4 3 3 Unit extension, UE 3.0 3.0 3.0 3.0 3.0 3.0 Filtering/metering, 1 1.000 1.000 1.000 1.000 1.000 1.000 Initial unmet demand, Qb 0.0 0.0 0.0 0.0 0.0 0.0 Ped / Bike / RTOR volumes 0 0 0 0 0 0 0 0 Lane width 12.0 12.0 12.0 12.0 12.0 12.0 Parking / Grade / Parking N 0 N N 0 N N 0 N N 0 N Parking maneuvers, NM Buses stopping, NB 0 0 0 0 0 0 Min. time for pedestrians, G 3.2 3.2 3.2 3.2 Phasing Excl. Left EW Perm 03 04 NS Perm 06 07 08 G= 7.0 G= 100.0 G= G= G= 26.0 G= G= G= Timing Y= 5 Y= 6 Y= Y= Y= 6 Y= Y= Y= Duration of Analysis, T = 0.25 Cycle Length, C = 150.0 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB LT TH RT LT TH RT LT TH RT LT TH RT Adjusted flow rate, v 28 2016 78 1312 115 71 Lane group capacity, c 317 3315 182 3309 280 229 v, /c ratio, X 1 0.09 0.61 0.43 0.40 0.41 0.31 0.75 0.67 0.75 0.67 0.17 0.17 file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\s2k5B... 7/13/2006 Detailed Report Page 2 of 2 Total green ratio, g/C Uniform delay, d, 5.1 14.0 6.5 11.3 55.2 54.2 Progression factor, PF 1.000 0.383 1.000 0.383 1.000 1.000 Delay calibration, k 0.11 0.19 0.11 0.11 0.11 0.11 Incremental delay, d2 0.1 0.3 1.6 0.1 1.0 0.8 Initial queue delay, d3 0.0 0.0 0.0 0.0 0.0 0.0 Control delay 5.2 5.7 8.1 4.4 56.2 54.9 Lane group LOS A A A A E D Approach delay 5.7 4.6 56.2 54.9 Approach LOS A A E D Intersection delay 7.9 X? = 0.59 Intersection LOS A HCS2000TM Copyright ® 2000 University of Florida, All Rights Reserved version 4. It ORIGINAL RECEMD SEP 0 7 2006 pIANNING DEPARTMENT CITY OF CI.LARW,"Jt R. file://C:\Documents%20and%20 Settings\rpergolizzi. GCC\Local%20 S ettings\Temp\s2k5 B... 7/13/2006 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst RP Intersection GULF-TO-BAY/DRIVEA Agency/Co. GCC Jurisdiction FDOT Date Performed 711312006 Analysis Year 2008 WITH PROJECT Analysis Time Period M PEAK i Project Description East/West Street: GULF-TO-BAY North/South Street: DRIVE A Intersection Orientation: East-West Stud Period hrs : 0.25 Vehicle Volumes and Adjustments r`LrwNNlivV UERA e eipz Major Street Eastbound Westbound . `' " Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 1374 15 0 1741 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 1526 16 0 1934 0 Proportion of heavy vehicles, PHV 0 0 Median type Raised curb RT Channelized? 0 0 Lanes 0 2 1 0 2 0 Configuration T R T LI stream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 7 0 0 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 0 7 0 0 0 Proportion of heavy vehicles, PHV 0 0 2 0 0 0 Percent grade (%) 0 0 Flared approach N N Storage 0 0 RT Channelized? 0 0 Lanes 0 0 1 0 0 0 Configuration R Control Delay, Queue Len th Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R olume, v (vph) 7 Capacity, cm (vph) 347 /c ratio 0.02 Queue length (95%) 0.06 Control Delay (s/veh) 15.6 1 06 RTMENT NATER file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20 Settings\Temp\u2k5B... 7/13/2006 Two-Way Stop Control Page 2 of 2 LOS C pproach delay 15.6 s/veh pproach LOS -- -- C HCS2000TM Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER file://C:\Documents%20and%20 Settings\rpergolizzi. GCC\Local%20 Settings\Temp\u2k5B ... 7/13/2006 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst RP Intersection GULF-TO-BAY/DRIVEA Agency/Co. GCC Jurisdiction FDOT Date Performed 711312006 Analysis Year 2008 WITH PRO &FZIM Analysis Time Period PM PEAK A? W Project Description East/West Street: GULF-TO-BAY North/South Street: DRIVEA 2 Intersection Orientation: East-West Stud Period hrs : 0.25 Vehicle Volumes and Adjustments CITY C c r o% Major Street Eastbound Westbound Movement 1 2 3 4 5 6 L T R L T R Volume veh/h 0 1940 8 0 1293 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 2155 8 0 1436 0 Proportion of heavy vehicles, PHV 0 -- -- 0 -- -- Median type Raised curb RT Channelized? 0 0 Lanes 0 2 1 0 2 0 Configuration T R T Upstream Signal 0 0 Minor Street Northbound Southbound Movement 7 8 9 10 11 12 L T R L T R Volume veh/h 0 0 17 0 0 0 Peak-hour factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate veh/h 0 0 18 0 0 0 Proportion of heavy ehicles, PHV 0 0 2 0 0 0 Percent grade (%) 0 0 Flared approach N N Storage 0 0 RT Channelized? 0 0 Lanes 0 0 1 0 0 0 Configuration R Control Delay, Queue Len gth, Level of Service Approach EB WB Northbound Southbound Movement 1 4 7 8 9 10 11 12 Lane Configuration R Volume, v (vph) 18 Capacity, cm (vph) 214 /c ratio 0.08 Queue length (95%) 0.27 Control Delay (s/veh) 23.4 1 6 tl?iiEnPT file:HC:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\u2k5B... 7/13/2006 Two-Way Stop Control Page 2 of 2 LOS C Approach delay 23.4 s/veh Approach LOS C HCS2000TM Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f ORIGINAL RECEIVED SEP 0 7 2006 PLANNING DEPARTMENT CITY OF CLEARWATER file://C:\Documents%20and%20S ettings\rpergolizzi. GCC\Local%20 S ettings\Temp\u2k5 B ... 7/13/2006 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency/Co. Date Performed Analysis Time Period RP GCC 711312006 AM PEAK Intersection Jurisdiction Analysis Year DUNCAN/DRIVE B CLEARWATER 2008 WITH PROJECT p pj , Project Description East/West Street: DRIVE 8 North/South Street: DUNCAN AVENUE '- 1 Intersection Orientation: North-South Stud Period hrs : 0.25 Vehicle Volumes and Adjustments Major Street Northbound Southbound CITY rx Movement 1 2 3 4 5 6 L T R L T R Volume 9 63 6 13 70 13 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 10 70 6 14 77 14 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Upstream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 3 0 2 7 0 3 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 3 0 2 7 0 3 Percent Heavy Vehicles 2 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th and Level of Service Approach NB SIB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR (vph) 10 14 5 10 C(m)(vph) 1504 1523 822 798 lc 0.01 0.01 0.01 0.01 95% queue length 0.02 0.03 0.02 0.04 Control Delay 7.4 7.4 9.4 9.6 LOS A A A A pproach Delay -- -- 9.4 9.6 pproach LOS -- -- A A GINAL :EKED )72006 U9MUEt XEARW MR Rights Reserved Copyright ® 2003 University of Florida, All Rights Reserved Version 4.1f file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\u2k5B... 7/13/2006 Two-Way Stop Control Page 1 of 2 TWO-WAY STOP CONTROL SUMMARY General Information Site Information Analyst Agency/Co. Date Performed Analysis Time Period RP GCC 711312006 PM PEAK Intersection Jurisdiction Analysis Year DUNCAN/DRIVE 8 CLEARWATER O 2008 WITH PROJECT R Project Description East/West Street: DRIVE 8 North/South Street: DUNCAN AVENUE ' Intersection Orientation: North-South Stud Period hrs : 0.25 PLAN NINi ehicle Volumes and Adjustments Major Street Northbound Southbound Movement 1 2 3 4 5 6 L T R L T R Volume 9 87 2 2 90 11 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 10 96 2 2 100 12 Percent Heavy Vehicles 2 -- -- 2 -- -- Median Type Undivided RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR U stream Signal 0 0 Minor Street Westbound Eastbound Movement 7 8 9 10 11 12 L T R L T R Volume 7 0 10 10 0 16 Peak-Hour Factor, PHF 0.90 0.90 0.90 0.90 0.90 0.90 Hourly Flow Rate, HFR 7 0 11 11 0 17 Percent Heavy Vehicles 2 2 2 2 2 2 Percent Grade (%) 0 0 Flared Approach N N Storage 0 0 RT Channelized 0 0 Lanes 0 1 0 0 1 0 Configuration LTR LTR Delay, Queue Len th and Level of Service Approach NB SB Westbound Eastbound Movement 1 4 7 8 9 10 11 12 Lane Configuration LTR LTR LTR LTR (vph) 10 2 18 28 C (m) (vph) 1478 1495 839 838 lc 0.01 0.00 0.02 0.03 95% queue length 0.02 0.00 0.07 0.10 Control Delay 7.5 7.4 9.4 9.4 LOS A A A A pproach Delay -- -- 9.4 9.4 [Approach LOS -- -- A A 'IGINAL 'EIVED 0 7 2006 3 DEPARTMEi CLEARWATEI Rights Reserved Copyright m 2003 University of Florida, All Rights Reserved Version 4.1f file://C:\Documents%20and%20Settings\rpergolizzi.GCC\Local%20Settings\Temp\u2k5B... 7/13/2006 t4 ?aJ' 't 40"o ' . 4TE'R, its' LONG RANGE PLANNING DEVFLOPMENT RriVIEW CITY OF C LEARWATE R PLANNING DEPARTMENT Pom, Orl:lcF Box 4748, G.FARWA-fFR, FLORIDA 33758-4748 MUNICIPAL. SFRVICFS BUILDING 100 SOUTH MYR'CI.F AVENUE, CLEARWATF.R, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 November 21, 2006 Mr. Abdi R. Boozar-Jomehri 685 Main Street Suite A Safety Harbor, FL 34695 RE: Development Order - Case FLD2006-07044 1721 Gulf to Bay Boulevard Dear Mr. Boozar-Jomehri: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On November 21, 2006, the Community Development Board reviewed your request for Flexible Development approval to permit a 20,050 square-foot office building in addition to existing retail sales and services with a reduction to the front (north) setback from 25 feet to 7.29 feet (to existing pavement), a reduction to the front (west) setback from 25 feet to 5.53 feet (to existing pavement), reductions to the front (east) setback from 25 feet to 22.91 feet (to existing building) and from 25 feet to 10.82 feet (to existing pavement), a reduction to the side (west) setback from 10 feet to 5.33 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to 6.48 feet (to existing pavement), reductions to the side (south) setback from 10 feet to 5.1 feet (to proposed building) and from 10 feet to seven feet (to existing pavement), a reduction to the rear (west) setback from 20 feet to 4.77 feet (to existing pavement), an increase to building height from 25 feet to 50 feet (to roof deck) and a reduction-to required parking from 193 spaces to 104 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the perimeter landscape buffer along Gulf to Bay Boulevard from 15 feet to 7.29 feet (to existing pavement), a reduction to the perimeter landscape buffer along Duncan Avenue from 10 feet to 5.53 feet (to existing pavement) and a reduction to the perimeter landscape buffer along the west from five feet to 4.77 feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. That the 2.49 acres is located on the south side of Gulf to Bay Boulevard between Plumosa and Duncan Avenues; 2. That the property is located within the Commercial (C) District and is currently developed with a 22,209 square-foot building for retail sales and services (West Marine); 3. That the development proposal is to construct a four-story, 20,050 square-foot office building on the west side of the site where the parking lot exists today, in addition to retaining the existing one-story, 22, 209 square-foot retail sales and services building (West Marine); FRANK I111MAIM, MAYOR Jrni? Dol"vN, Coo-' c:1I_\1I:m1 iut 1IOVI I I:A11.1ON. C t'N(:11.M1:MIU:R 13u.f JoNsoN, Co1fNc:1f.•VIf.\mIr:R ? C:U2LFN A. Prrn.aseN, CoI Ncn. nt>nir:r, "EQUAL EMPLOYMENT ANI) AErir,Mnrlvi: Ac ION F.MPLO) IT" T November 21, 2006 Boozar-Jomehri - Page Two 4. That the property is "L" shaped, with frontages on Gulf to Bay Boulevard, Plumosa Avenue and Duncan Avenue; 5. That reductions to setbacks and perimeter buffers to pavement and building are proposed as part of the proposal; 6. That proposed setbacks exceed those listed in Table 2-704 for offices and retail sales and service uses, requiring the proposal to be processed as a Comprehensive Infill Redevelopment Project; 7. That the setback reduction requested along Gulf to Bay Boulevard (to existing pavement) is a product of the location of the West Marine building and the parking lot dimensional standards; 8. That the setback reduction requested along Duncan Avenue (to existing pavement) is a product of the functionality of the parking lot, the necessity to provide adequate truck maneuvering area for the existing truck well on the south side of West Marine, the necessity to provide an additional loading space for the office building and the provision of required foundation landscaping; 9. That the proposal includes a request to reduce the required side setback along the south property line from 10 feet to 5.1 for the proposed office building, which has been modified since the October 17, 2006, CDB meeting to accurately meet Building Code requirements and has completely changed the appearance of the southern fagade of the office building to be the same as the other three sides of the building; 10. That the proposal includes an increase to the height for the proposed office building to 50 feet (to roof deck) (four stories); 11. That, while most surrounding commercial buildings along this stretch of Gulf to Bay Boulevard are no greater than two stories in height, the proposed building height can be viewed as setting a new standard for this area and along this commercial corridor that has undeveloped potential; 12. That, based on the shared parking formula of Section 3-1405, required parking for these two uses on this property is 167 parking spaces; 13. That the request includes a reduction to required parking from 167 spaces to 104 spaces, representing the provision of only 62.3 percent of the required amount of parking for both uses; 14. That a Parking Demand Study submitted analyzed the existing West Marine parking characteristics, which demonstrated that parking demand for the West Marine use is satisfied while also accommodating parking demand for the proposed office building; 15. That Staff concerns regarding the future use of the West Marine building when West Marine ceases operation, where a new use may not have the same operational characteristics as West Marine, can be limited through a development agreement or similar agreement acceptable to the City prior to the issuance of a Certificate of Occupancy for the office building; 16. That the proposal includes reductions to perimeter buffers and a Comprehensive Landscape Program has been submitted, which is consistent with its criteria; and 17. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Table 2-704 for offices and retail sales and services of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. November 21, 2006 Boozar-Jomehri - Page Three Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff, 2. That, prior to the issuance of any permits, the ingress/egress easement along the north property line be vacated; 3. That, prior to the issuance of a Certificate of Occupancy for the office building, a development agreement or similar agreement between the City and the applicant be approved limiting the future use of the West Marine building due to the reduction to required on-site parking; 4. That a new Comprehensive Sign Program be submitted for revised signage on Duncan Avenue and for attached signage, where all signage will need to be coordinated for sign type, exterior materials and color; 5. That, prior to the issuance of any permits, plans be revised to show required fire hydrants for fire fighting use; 6. That, prior to the issuance of any permits, the landscape plan be amended to ensure the interior landscape area along the southern property line west of the office building meets Code requirements for trees and. other landscape materials; 7. That, prior to the issuance of any permits, appropriate plans be revised show trees #9 and #58 and to meet the arborist's recommendations for trees 1 - 11 and 58 - 63; 8. That, prior to the issuance of any permits, the following be submitted or provided on revised plans: a. copy of the SWFWMD permit; b. soil boring, percolation tests and seasonal high water table elevation with drainage calculation analysis; c. two cross sections through the retention pond (east to west and north to south); d. stage storage chart showing the pond can hold 12,250 cubic feet of runoff with six-inches of freeboard; and e. outline of the top of bank and toe of slope of the pond; and 9. That the traffic signal box and loop detectors within the Duncan Avenue right-of-way be relocated at the applicant's expense. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (November 21, 2007). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on December 5, 2006 (14 days from the date of the CDB meeting). 7 November 21, 2006 Boozar-Jomehri - Page Four If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/gov/depts/planning. Sincerely, Micha el , Planning Director a S: (Planning DepartmentlCD BIFLEX (FLD)IInactive or Finished ApplicationslGufto Bay 1721 Duncan Office Building (C) -ApprovedlGulf to Bay 1721 Development Order.doc . ~ aoo ~70~1~ - "INVESTIGATE BEFORE YOU EXCAVATE" i 1 1 1 ¦ CALL SUNSffiNE 1-800-432-4770 FL STATUTE 553.851 (1979) REQUIRES A MIN. OF 2 DAYS AND MAX. OF 5 DAYS NOTICE BEFORE YOU EXCAVATE. Y -INDEX NPDES NOTIFICATION NATIONAL POLLUTANT t COVER SHEET ~ DISCHARGE ELIMINATION SYSTEM) ATTENTION: THE EROSION! SEDIMENTATION LOCATIONS AND DETAILS SET FORTH IN THIS . SITE PLAN HAVE BEEN DEVISED BY THE PROJECT ENGINEER TO MEET THE REQUIREMENTS OF THE FEDERAL NATIONAL POLLUTANT GENERAL NOTES 2 DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM. FAILURE TO MAINTAIN THESE CONTROLS, OR AN ILLICIT DISCHARGE RESULTING ¦ DEMO PLAN 3 FROM THEIR FAILURE WILL LIKELY RESULT IN FINE CITATIONS. SEC, 58-239 OF THE PINELLAS COUNTY CODE AUTHORIZES PENALTIES SITE PLAN 4 OF UP TO $5,000.00 FOR EACH OFFENSE. D GRADING & UTILITY PLAN 5 ~ ~ ~ GENERAL DETAILS 6 LANDSCAPE PLAN 7 ¦ ¦ ¦ 000/0 1 00 LANDSCAPE DETAILS 8 SURVEY (TREE INVENTORY) 9 VICINITY MAP a S XQM® M 1) XtaYll wNmn F .n®& N ~ NN. r ~ ~ j 3 ueEmr www.u rnnm NOTE auF rruxw~x nrEr~ cur 3 J ~ CONSTRUCTION SHALL QE IN ACCORDANCE WITH THE LATEST naN nmu+ i EDITIONS OF FLORIDA DEPARTMENT OF TRANSPORTATION iEw Nnnox ROADWAY A,ND TRAFFIC DESIGN STANDARDS, ROADWAY PLANS L ~ PREPARATION MANUAL, AND PINELLAS COUNTY CONSTRUCTION cimu STAI~JDARDS. a sEwN HFP OPMTE o~ ~ a~~n ~ a RNELLAB V ~N~wN h PROJECT _ VICINITY ,n~ a N~~ ,,Y ~ N~ONLYID II. t.T~_ ~ ~N~,E Nw,w ; _a f N.T.S. NawN, i y LEGAL DESCRIPTION NONPOE 9AIIE ~ THE NORTH 342.0 FEET OF TRACT "A", A REPEAT .~~Sr ~ BL OCK "D" OF SUBURB BEAUTIFUL, AS /r • ~ .6~ RECORDED IN PLAT BOOK 19, PAGE 100, OF THE i~ I _ A PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. r.. _ ._.w LESS THE NORTH 150.0 FEET OF THE WEST 150.0 ~ FEET THEREOF; AND ALSO LESS THE SOUTH 60.0 . E IJ I N C FEET OF THE WEST 282.12 FEET THEREOF. 9: /'V N .E PLANNING MORE COMMONLY KNOWN AS ti ~ ~ ~ ~ ' BOR, FL 34695 1721 GULF TO BAY BOULEVARD ¦ ~ CLEARWATER, FLORIDA LOCATION MAP n,.~ ~ ,3. E _ - ~.f11~M1. a~ t a E ~ I x. (r~ Yl ~ ~ ,E~ SURVEY SUBJECT TO THE FOLLOWING: 1 Ll 1"' T T ~ ~ R9` ter., 4 ';Ci, n~ ' 1. UTILITY EASEMENT AS PER O.R. BOOK 4324, ~ t~E _ ti 1 ~ ~}7 i.n it T A PAGE 1760, PUBLIC RECORDS OF PINELLAS COUNTY, ~x - - t- -~i~;: ~ ~ K `tl.~r,1 ~r 9`{.t _ _ ~ t~ F ~ ~ FLORIDA. . ~ LC 2600212 o ~ r - ~ a , p; 1, ~ - . s ~ .(BLANKET EASEMENT) r` v _ r,~ s N " _ o z,..5 La i,_1.. - 3 ~ t~tii51 ~ ri n ~ r ~ r 2. WATER MAIN & INGRESS/EGRESS EASEMENT A ~ R,-,. r ~z ;v h 4~ PER O.R. BOOK 8887, PAGE 2139, PUBLIC RECOR S r klor~. , ..r n . l . ,t.4. _ _ i OF PINELLAS COUNTY, FLORIDA. ~ Fr,n;; '1; E7 ;t: i _ ~ - . i ~ ~j ;t C u' ~ r1 T r (a~~i~ . - ~ r~.; ~r r,,, ~ r ~ 1 . it i,ui ' C-.. _ ~ r f . c' t. ~~u~T' ~ r~ a> 3. INGRESS/EGRESS EASEMENT AS PER O.R. BOOK v v { ~f = Agency - - App. /Permit No. Date Issued 1 Date Ex fires 4193 PAGE 1238, PUBLIC .RECORDS OF PINELLAS ~ ° ~ ~ LL ~ _ ~ City of Clearwater FLD 2006.07044 0810212006 ~ , , ~ _ COUNTY, FLORIDA. ~ ~ , a ~a N . ~ 4 . .,r tT~ z~~A~, • t,rn:R11. v,~ + _ ~ ~ , r - ~ ~r f0 ~ r + g f'~ ' 4 I„ n`tn;L~dt a _ _ 2 O ' ~ N f t,.rr I - e ~1,._E r, M PAnie . n -r - ~,ir ; n ~ ~ c,, i * l titi,F J i _ ~ ' ~ r- .U C ra-I ,1~i~r`;I,~ pd.-cam. ~i~ e`'s ~ ~r ~kk s:i~,. - if 1 3 ~ 1 f lr.-- ~ ~ N ~ x,11,=_{ ~ t; rtr,.. Iqf, t`~ ` I i,; I r . L CA r~Dz$ob ~ O7A4~ COVER } C~3~.~-~i~r,~R.d - `I~'I~~ ~~1~9NAL R SHEET ~~°r~ I~;~~~ ~OG~ ~Er~'?y~F~ a i io .,~1>. `ra 'i f ~k. ,IWi ~i - _U~ u c _ CDC . I Za o N SIGNATURE 2; 2006 L. ~y p, IfZAPRr,JECTNO: 503-05 ° DATE PLMNING DEP OWNER PROJECT NO. NA g C CITY OF CLEARWATER TMENT SCALE: SEE SHEETS 0 C „v- mz E SHEET NO: ~FF orn zc i7 q p, of z v 3 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE ~I1 PLANNING RAL CONSTRUCTION NOTES GENE CLEARING AND SITE PREPARATION NOTES WATER SYSTEM NOTES DRAINAGE SYSTEM CONSTRUCTION NOTES 1. ALL ELEVATIONS REFER TO THE NAVD (1988), 1. PRIOR TO ANY SITE CLEARING, ALL TREES SHOWN TO REMAIN ON THE CONSTRUCTION 1. A VERTICAL CLEARANCE OF 18 INCHES SHALL BE MAINTAINED BE PLANS SHALL BE PROTECTED IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY'S AND WATER MAINS. IF CLEARANCE CANNOT BE ACHIEVED BY AD 4AINTAINED BETWEEN SANITARY SEWERS 1. STANDARD INDEXES REFER TO THE LATEST EDITION OF FOOT "ROADWAY AND TRAFFIC HIEVED BY ADJUSTING WATER MAINS DESIGN STANDARDS". - 2. LOCATIONS, ELEVATIONS, AND .DIMENSIONS OF EXISTING UTILITIES, STRUCTURES, AND OTHER TREE ORDINANCE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAINTAIN THESE TREES THE SANITARY SEWER SHALL BE CONSTRU CTED OF DUCTILE IRON DUCTILE IRON CLASS 54 A MINIMUM FEATURES ARE SHOWN ACCORDING TO THE BEST INFORMATION AVAILABLE AT THE TIME OF IN GOOD CONDITION. NO TREES SHOWN TO REMAIN SHALL BE REMOVED WITHOUT WRITTEN OF 10 FEET ON BOTH SIDES OF THE CONFLICT POINT, AS AN AI )INT. AS AN ALTERNATIVE THE 2. ALL STORM SEWER PIPE SHALL BE REINFORCED CONCRETE CLASS III (ASTM C-76) WITH - - PREPARATION OF THESE PLANS. THE CONTRACTOR SHALL VERIFY THE LOCATIONS, OV SANITARY S APPR AL FROM THE OWNER. ONLY GRADING BY HAND IS PERMITTED WITHIN HE C EWER MAY BE PLACED T ANOPY IN A SLEEVE ORE C N ASED IN ELEVATIONS, AND DIMENSIONS OF ALL EXISTING UTILITIES, STRUCTURES AND OTHER RE UI ENCASED IN CONCRETE FOR THE RUBBER GASKET JOINTS UNLESS OTHERWISE NOTED ON PLANS. ALL DRAINAGE STRUCTURES LINE OF TREES THAT ARE TO REMAIN. Q RED 10 FEET ON EACH SIDE OF THE CONFLICT POINT. FEATURES AFFECTING THIS WORK PRIOR TO CONSTRUCTION. CT POINT. SHALL BE IN ACCORDANCE WITH FOOT ROADWAY AND TRAFFIC DESIGN STANDARDS UNLESS 2. THE CONTRACTOR IS TO PREPARE THE SITE PRIOR TO BEGINNING ACTUAL CONSTRUCTION 2. A HORIZONTAL SEPARATION OF 10 FEET SHALL BE MAINTAINED Bf OTHERWISE NOTED ON PLANS. MAINTAINED BETWEEN WATER MAINS KEITH A Y A C p_ C C PLANS FOR CONFLICTS AND DISCREPANCIES PRIOR TO 3. THE CONTRACTOR SHALL HE K IN ACCORDANCE WITH THE SOILS TESTING REPORT. COPIES OF THE SOILS REPORT ARE AND SANITARY SEWER. 3. PWITHLTHETEXCEPTION OFEMATEREDXIENDEANDD FLAREDEENDNSECT ONS WH CHEARE UCTURES ASS 0 C I A T E S, 1 CONSTRUCTION. THE CONTRACTOR SHALL NOTIFY THE OWNERS ENGINEER OF ANY AVAILABLE THROUGH THE 0 E 0 CONFLICT BEFORE PERFORMING ANY WORK IN THE AFFECTED AREA. WN R R THE SOILS TESTING COMPANY. QUESTIONS REGARDING SITE PREPARATION REQUIREMENTS DESCRIBED IN THE SOILS REPORT ARE TO 3 ALL WATER MAINS SHALL HAVE A MINIMUM OF 30 INCHES AND A 42 BELOW FINISHED GRADE. NCHES AND A MAXIMUM OF INCLUDED IN LENGTHS. 4. THE CONTRACTOR SHALL EXERCISE EXTREME CAUTION IN AREAS OF BURIED UTILITIES AND BE DIRECTED TO THE SOILS TESTING COMPANY. INC. )CAL REGULATORY STANDARDS AND 4. ALL DRAINAGE STRUCTURE GRATES AND COVERS WITHIN TRAFFIC AREAS SHALL BE SHALL PROVIDE AT LEAST 48 HOURS NOTICE TO THE VARIOUS UTILITY COMPANIES IN 4. ALL WATER SYSTEM WORK SHALL CONFORM WITH LOCAL REGULATI ORDER TO PERMIT ,MARKING THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES IN 3. CONTRACTOR SHALL CLEAR AND GRUB ONLY THOSE PORTIONS OF THE SITE NECESSARY SPECIFICATIONS. TRAFFIC RATED FOR H-20 LOADINGS. ~ ~ 2 9 3- 9$ 8 8 ADVANCE OF CONSTRUCTION, BY CALLING FLORIDA SUNSHINE STATE ONE CALL CENTER OF FOR CONSTRUCTION. DISTURBED AREAS WILL BE SEEDED, MULCHED, OR PLANTED WITH FLORIDA, INC. AT 1-800-432-4770. OTHER APPROVED LANDSCAPE MATERIAL IMMEDIATELY FOLLOWING CONSTRUCTION. 5. CONFLICTS BETWEEN WATER AND STORM OR SANITARY SEWER TO RY SEWER TO BE RESOLVED BY 5. CONTRACTOR TO SOD THE DETENTION POND AS INDICATED ON PLANS WITHIN ONE WEEK ADJUSTING THE WATER LINES AS NECESSARY. 4. THE TOP 4" TO 6" OF GROUND REMOVED DURING CLEARING AND GRUBBING SHALL BE FOLLOWING CONSTRUCTION OF THE POND. 701 ENTERPRISE ROAD E, STE 444 5. THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY DAMAGE TO EXISTING FACILITIES, ABOVE OR BELOW GROUND THAT MAY OCCUR AS A RESULT OF THE WORK PERFORMED BY STOCKPILED AT A SITE DESIGNATED BY THE OWNER TO BE USED FOR LANDSCAPING 6, CONTRACTOR TO INSTALL TEMPORAR - Y BLOW OFFS AT THE END Of SAFETY HARBOR, FL 34695 .T THE END OF WATER SERVICE 6. ALL STORM DRAINAGE STRUCTURES DEEPER THAN TEN (10) FEET TO HAVE LADDER BARS. THE CONTRACTOR. PURPOSES, UNLESS OTHERWISE DIRECTED BY THE OWNER, LATERALS TO ASSURE ADEQUATE FLUSHING AND DISINFECTION. INFECTION. 7. CONTRACTOR IS RESPONSIBLE FOR OBTAINING THE NECESSARY DEWATERING PERMITS FROM W W W, K E I T H ZA YA C . C O M 6. ALL UNDERGROUND UTILITIES MUST BE IN PLACE AND TESTED OR INSPECTED PRIOR TO 5. ALL CONSTRUCTION DEBRIS AND OTHER WASTE MATERIAL SHALL. BE DISPOSED OF OFF- 7, RESTRAINING JOINTS SHAL L BE PROVIDED AT ALL FITTINGS AND H ROADWAY BASE AND SURFACE CONSTRUCTION. SITE IN ACCORDANCE WITH APPLICABLE REGULATIONS. DETAILS. TTINGS AND HYDRANTS AS SHOWN ON THE LOCAL WATER MANAGEMENT DISTRICT OR OTHER REGULATORY AGENCY. EB 9351 - LC 2600212 7. IT IS THE CONTRACTOR'S RESPONSIBILITY TO BECOME FAMILIAR WITH THE PERMIT AND 6. CONTRACTOR TO OBTAIN ALL NECESSARY PERMITS AND APPROVALS PRIOR TO REMOVING 8. MATERIALS AND CONSTRUCTION METHODS FOR WATER DISTRIBUTIOL 8. PROTECTION OF EXISTING STORM SEWERS SYSTEMS: R DISTRIBUTION SYSTEM SHALL BE DURING CONSTRUCTION, ALL STORM SEWER INLETS IN THE VICINITY OF THE PROJECT INSPECTION REQUIREMENTS OF THE VARIOUS GOVERNMENTAL AGENCIES. THE CONTRACTOR ANY EXISTING STRUCTURES. IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY CODES, f :NCY CODES, PLANS, AND SHALL BE PROTECTED BY SEDIMENT TRAPS SUCH AS SECURED HAY BALES, SOD, STONE, di SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION, AND SCHEDULE SPECIFICATIONS FOR CONSTRUCTION, LATEST REVISION THEREOF F INSPECTIONS ACCORDING TO AGENCY INSTRUCTION. 7. IT IS THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY ALL UTILITY COMPANIES TO SPECIFICATIONS THERETO. APPROVAL AND CONSTRUCTION OF ALI ON THEREOF AND SUPPLEMENTAL ETC., WHICH SHALL BE MAINTAINED AND MODIFIED AS REQUIRED BY CONSTRUCTION DISCONNECT OR REMOVE THEIR FACILITIES PRIOR TO REMOVING OR DEMOLISHING ANY SERVICE MAIN EXTENSIONS AND CONNECTIONS MUST BE COORDIN UCTION OF ALL POTABLE WATER PROGRESS. T BE COORDINATED THROUGH THE ~ W 8. ALL SPECIFICATIONS AND DOCUMENTS REFERRED TO SHALL BE OF LATEST REVISIONS EXISTING STRUCTURES FROM THE SITE. LOCAL REGULATORY AGENCY DEPARTMENT OF PUBLIC UTILITIES. IC UTILITIES. 9. MATERIALS AND CONSTRUCTION METHODS FOR STREETS AND STORM DRAINAGE I~ H AND/OR LATEST EDITION. CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LOCAL REGULATORY AGENCY AND ~ ~ ~ 8. THE LOCATION OF ALL EXISTING UTILITIES SHOWN ON THE PLANS HAVE BEEN DETERMINED 9. ALL UNDERGROUND PVC SHALL BE DR14 (C-900), 9. ALL WORK PERFORMED SHALL COMPLY WITH THE REGULATIONS AND ORDINANCES OF THE FROM THE BEST INFORMATION AVAILABLE AND ARE GIVEN FOR THE CONVENIENCE OF THE THE FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD ~ ~ ~ VARIOUS GOVERNMENTAL AGENCIES HAVING JURISDICTION OVER THE WORK. CONTRACTOR SUBCONTRACTOR. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR AND BRIDGE CONSTRUCTION, 1996, OR LATEST REVISION THEREOF AND SUPPLEMENTAL W C--~ ~ CQ / ACCURACY PRIOR TO THE START OF ANY CONSTRUCTION ACTIVITY. IT SHALL BE THE SPECIFICATIONS THERETO. ~ W 10. CONTRACTOR SHALL SUBMIT FOR APPROVAL TO THE OWNERS ENGINEER SHOP DRAWINGS CONTRACTOR'S/SUBCONTRACTOR'S RESPONSIBILITY TO NOTIFY THE VARIOUS UTILITIES 10. CLASS "B" TYPE I BEDDING SHALL BE USED UNLESS INDICATED OTHERWISE ON THE ~w~~ ON ALL PRECAST AND MANUFACTURED ITEMS, FAILURE TO OBTAIN APPROVAL BEFORE AND TO MAKE THE NECESSARY ARRANGEMENTS FOR ANY RELOCATIONS OF THESE INSTALLATION MAY RESULT IN REMOVAL AND REPLACEMENT AT CONTRACTORS EXPENSE. EXERCISE CAUTION UTILITIES. THE CONTRACTOR SUBCO DRAWINGS, OR BY THE ENGINEER.. / NTRACTOR SHALL WATER SYS WHEN CROSSING ANY UNDERGROUND UTIL TEM TESTING AND INSPECTION REOUIREMEI REQUIREMENT NOTES 11. AT LEAST 3 WORKING DAYS PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL NOTIFY ITY, WHETHER SHOWN ON 11. ALL ROUND REINFORCED CONCRETE PIPE JOINTS UNDER PAVEMENT, DRIVEWAYS, di ~ Q THE ENGINEER AND APPROPRIATE AGENCIES AND SUPPLY THEM WITH ALL APPROVED SHOP THE PLANS OR LOCATED BY THE UTILITY COMPANY. ALL UTILITIES WHICH INTERFACE WITH THE PROPOSED CONSTRUCTION SHALL BE RELOCATED BY THE 1. ALL COMPONENTS OF THE WATER SYSTEM, INCLUDING FITTINGS, TL IG FITTINGS, THRUST BLOCKING, AND SIDEWALKS WITHIN PUBLIC RIGHT-OF-WAY, AND ANY OUTFACE SYSTEM SHALL W ~ DRAWINGS, THE CONTRACTOR'S NAME, STARTING DATE, PROJECTED SCHEDULE, AND OTHER AND THE CONTRACTOR SUBCONTRACTOR AND SHALL COOPERATE WITH THE HYDRANTS, CONNECTIONS, AND VALVES SHALL REMAIN UNCOVEREI INFORMATION AS REQUIRED. ANY WORK PERFORMED PRIOR TO NOTIFYING THE ENGINE / ER UTILITY COMPANIES DURING RELOCATION OPERATIONS. ANY DELAY OR INCONVENIENCE PRESSURE TESTED AND ACCEPTED BY THE OWNER'S ENGINEER. aIN UNCOVERED UNTIL PROPERLY BE WRAPPED WITH MIRAFI 14 ON FILTER FABRIC OR EQUAL FABRIC TO BE A MIN. I-~ W Q OR WITHOUT AGENCY INSPECTOR PRESENT MAY BE SUBJECT TO REMOVAL AND CAUSED TO THE CONTRACTOR .SUBCONTRACTOR BY TH VARI BE IN ACCORDANCE WITH WATER DEPARTMENT SPECIFICATIONS, S ENGINEER. PRESSURE TESTS TO OF 30" IN WIDTH AND CENTERED ON PIPE, tJ ~ ~ a )IFICATIONS, CONTRACTOR TO REPLACEMENT AT THE CONTRACTOR'S EXPENSE.. / E OUS UTILITIES SHALL BE INCIDENTAL TO THE CONTRACT AND NO EXTRA COMPENSATION WILL BE ALLOWED. NOTIFY OWNER'S ENGINEER AND COUNTY INSPECTORS 48 HOURS ~S 4s HouRS IN ADVANCE of TESTING AND INSPECTION REQUIREMENTS PERFORMING TESTS. - 12. WORK PERFORMED UNDER TH15 CONTRACT SHALL INTERFACE SMOOTHLY WITH OTHER WORK BEING PERFORMED ON SITE BY OTHER CONTRACTORS AND UTILITY COMPANIES, IT WILL BE 2. CONTRACTOR TO PERFORM CHLORINATION AND BACTER 0 ~ ~ NECESSARY FOR THE CONTRACTOR TO COORDINATE AND SCHEDULE HIS ACTIVITIES WHERE I LOGICAL S CLEARANCE OF DOMESTIC WATER SYSTEM. COPIES OF ALL BACTEf ERIOLOGICAL SAMPLING AND OBTAIN 1. THE STORM DRAINAGE PIPING SYSTEM SHALL BE SUBJECT TO A VISUAL INSPECTION )F ALL BACTERIOLOGICAL TESTS TO BY THE OWNER'S ENGINEER PRIOR TO THE PLACEMENT OF BACKFILL. CONTRACTOR a ~ NECESSARY WITH OTHER CONTRACTOR AND UTILITY COMPANIES, BE SUB?61T1•ED TO OWNER'S ENGINEER. TO NOTIFY THE ENGINEER 48 HOURS IN ADVANCE TO SCHEDULE INSPEC110N. CQ 13. ALL DISTURBED AREAS WITHIN PUBLIC RIGHT-OF-WAY ARE TO BE RESTORED TO ORIGINAL coNDITION oR BETTER. PAVING AND GRADING NOTES 2. THE CONTRACTOR SHALL MAINTAIN THE STORM DRAINAGE SYSTEMS UNTIL FINAL ACCEPTANCE OF THE PROJECT. THE STORM SYSTEM WILL BE INSPECTED BY THE OWNER'S ENGINEER PRIOR TO APPROVAL FOR CERTIFICATE OF OCCUPANCY PURPOSES. 14. REPAIR AND REPLACEMENT OF ALL PRIVATE AND PUBLIC PROPERTY AFFECTED BY THIS 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTING EXCAVATIONS AGAINST WORK SHALL BE RESTORED TO A CONDITION EQUAL TO OR BETTER THAN EXISTING COLLAPSE AND WILL PROVIDE BRACING SHEETING OR SHORING AS NECESSARY. CONDITIONS BEFORE COMMENCING CONSTRUCTION WORK UNLESS SPECIFICALLY EXEMPTED TRENCHES SHALL BE KEPT DRY WHILE PIPE AND APPURTENANCES ARE BEING PLACED. BY THE PLANS. ADDITIONAL COSTS ARE INCIDENTAL TO OTHER CONSTRUCTION AND NO DEWATERING SHALL BE USED AS REQUIRED. SANITARY SEWER NOTES ^ lCJ EXTRA COMPENSATION IS TO BE ALLOWED. ~ 1~ SAFETY NOTES ~ ~ ~ _ 2. CONTRACTOR IS RESPONSIBLE FOR OBTAINING THE NECESSARY DEWATERING PERMITS FROM 1. A HORIZONTAL SEPARATION OF 10 FEET SHALL BE MAINTAINED BE 15. ALL DISTURBED AREAS WHICH ARE NOT TO BE SODDED ARE TO BE SEEDED AND MULCHED THE LOCAL WATER MANAGEMENT DISTRICT OR OTHER REGULATORY AGENCY. SANITARY SEWER. MAINTAINED BETWEEN WATER MAINS AND ~ ~ TO FOOT STANDARDS AND MAINTAINED UNTIL A SATISFACTORY STAND OF GRASS ~ - 1. DURING -THE CONSTRUCTION ;ND/OR MAINTENANCE OF THIS PROJECT, ALL SAFETY REGULATIONS ARE TO BE ENFORCED. .THE CONTRACTOR OR HIS REPRESENTATIVE SHALL ~ ~ ACCEPTABLE TO THE REGULATORY AGENCY AND ENGINEER OF RECORD HAVE BEEN LOCAL REGULATORY STANDARDS AND BE RESPONSIBLE FOR THE CONTROL AND SAFETY OF THE TRAVELING PUBLIC AND THE di OBTAINED. ANY WASHOUTS, REGRADING, RESEEDING, AND GRASSING WORK AND OTHER 3. PROPOSED SPOT ELEVATIONS REPRESENT FINISHED PAVEMENT OR GROUND SURFACE 2. ALL SANi'fARY SEWER WORK SHALL CONFORM WITH LOCAL REGULA ' GRADE UNLESS OTHERWISE NOTED ON DRAWINGS. SPECIFICATIONS. EROSION WORK REQUIRED, WILL BE PERFORMED BY THE CONTRACTOR/ SUBCONTRACTOR SAFELY OF HIS PERSC!NNEL. LABOR SAFETY REGULATIONS SHALL CONFORM TO THE ~ Q W UNTIL THE SYSTEM IS ACCEPTED FOR MAINTENANCE BY THE REGULATORY AGENCY AND 4. IT MAY BE NECESSARY TO FIELD ADJUST PAVEMENT ELEVATIONS TO PRESERVE THE ROOT PROVISIONS SEf FORTH B'i`.~~SHA IN THE FEDERAL REGISTER OF THE DEPARTMENT OF ~ ~ ~ O ENGINEER OF RECORD. SYSTEMS OF TREES SHOWN TO BE SAVED. CONTRACTOR TO COORDINATE WITH OWNER'S 3, SANITARY` SEWER MAINS AND LATERALS SHALL HAVE A MINIMUM Cl A MINIMUM COVER OF THREE (3) FEET TRANSPORTATION. ~ O ENGINEER PRIOR TO ANY ELEVATION CHANGES. AND SHii1_L BE INSTALLED ACCOMPANIED BY A METAL TAPE SIMILE 16. CHAPTER 77-153 OF THE FLORIDA STATUTES REQUIRES THAT AN EXCAVATOR NOTIFY ALL COLORED GREEN AND LAID ONE FOOT ABOVE THE PIPE. GAS UTILITIES A MINIMUM OF TWO WORKING DAYS PRIOR TO EXCAVATING. MAPS SHOW 5. CONTRACTOR TO PROVIDE A 1 2" BITUMINOUS EXPANSION JOINT MAT P PEAPE SIMILAR TO "TERRATAPE" 2. THE MINIMUM STANDARDS A5 SET FORTH IN THE CURRENT EDITION OF THE STATE OF ~ E...~ FLORIDA, MANUAL ON TRA' FIC_ CONTROL AND SAFE PRACTICES FOR STREET AND HIGHWAY ® ~ / ERIAL WITH SEALER ONLY THE APPROXIMATE LOCATION OF GAS MAINS AND DO NOT SHOW SERVICE LINES. AT ABUTMENT OF CONCRETE AND ANY STRUCTURE. CONSTRUCTION, MAINTCNAN~t. AND UTILITY OPERATIONS SHALL BE FOLLOWED IN THE THE ONLY SAFE AND PROPER WAY TO LOCATE EITHER MAINS OR SERVICE LINES IS B'. AN DESIGN APPLICATION, INSTALL;aTION, MAINTENANCE, AND REMOVAL OF ALL TRAFFIC ON- SITE INSPECTION BY THE RESPECTIVE GAS PERSONNEL. THEREFORE, EXCAVATORS 6. ALL PAVEMENT MARKINGS SHALL CONFORM TO FOOT STANDARD INDEX N0. 17346 ARE INSTRUCTED TO TELEPHONE THE RESPECTIVE GAS COMPANY TWO WORKING DAYS ' CONTROL DEVICES, WARNII~IG DEVICES, AND BARRIERS NECESSARY TO PROTECT THE ~ a R-i' W PUBLIC AND WORKMEN: FR!:'> HAZARDS WITHIN THE PROJECT LIMITS, ~ ~ ~ BEFORE ENT RIN SHEETS 1-7. E G A CONSTRUCTION AREA. 7. CONTRACTOR SHALL TRIM, TACK, AND MATCH EXISTING PAVEMENT AT LOCATIONS WHERE SANITARY SEWER TESTING AND INSPECTION REQUIREM 3. ALL TRAFFIC CONTROL .MARKINGS AND DEVICES SHALL CONFORM TO THE PROVISIONS SET ~ ~ W 17. RECORD DRAWINGS, THE CONTRACTOR SHALL BE RESPONSIBLE FOR RECORDING NEW PAVEMENT MEETS EXISTING PAVEMENT. INFORMATION ON A SET OF THE APPROVED PLANS CONCURRENTLY WITH CONSTRUCTION 1, ALL GRAVITY SEWER PIPING SHALL BE SUBJECT TO A _REQUIREMENT NOTES FORTH IN THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES PREPARED BY THE U.S. VISUAL INSP _ PROGRESS. WITHIN TWO (2) WEEKS FOLLOWING FINAL INSPECTION THE CONTRACTOR 8. CONTRACTOR IS TO 0 ENGINEER. CONTRACTOR TO NOTIFY THE ENG A VISUAL INSPECTION BY THE OWNER'S DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION. ~ SHALL SUBMIT ONE 1 SET OF RECORD DRAWIN TH PR VIDE EROSION CONTROL/SEDIMENTATION BARRIER (HAY BALES INEER 48 HOURS IP GS TO E ENGINEER. THE FINAL RECORD OR SILTATION CURTAIN TO PREVENT SILTATION OF ADJACENT PROPERTY INSPECTION. 48 HOURS IN ADVANCE TO SCHEDULE o ~ 4. IT SHALL BE THE SOLE RESPQNSIBILITY OF THE CONTRACTOR TO COMPLY AND ENFORCE w ~ DRAWINGS SHALL COMPLY WITH THE FOLLOWING RE ) ,STREETS, QUIREMENTS: AND STORM SEWERS. IN ADDITION, CONTRACTOR SHALL PLACE STRAW MULCH OR OTHER ALL APPLICABLE SAFETY REGULATIONS. THE ABOVE INFORMATION HAS BEEN PROVIDED ~ ~ ~ ~ W SUITABLE MATERIAL ON GROUND IN AREAS WHERE CONSTRUCTION RELATED TRAFFIC IS 1. DRAWINGS TO BE LEGIBLY MARKED TO RECORD ACTUAL CONSTRUCTION. TO ENTER AND EXIT THE SITE. IF IN THE OPINIO FOR THE CONTRACTOR'S INFORMATION ONLY AND DOES NOT IMPLY THAT THE OWNER OR z ~ ~ ~ N OF THE ENGINEER AND/OR LOCAL ENGINEER WILL INSPECT AND/OR ENFORCE SAFELY REGULATIONS. ~ Q U U Z AUTHORITIES, EXCESSIVE QUANTITIES OF EARTH ARE TRANSPORTED OFF-SITE EITHER 2. DRAWINGS SHALL SHOW ACTUAL LOCATION OF ALL WATER AND WASTEWATER PIPING w w F- AND RELATED APPURTENANCES, BOTH ABOVE AND BELOW GROUND. ALL CHANGES BY NATURAL DRAINAGE OR BY VEHICULAR TRAFFIC, THE CONTRACTOR IS TO REMOVE TO PIPING LOCATION INCLUDING HORIZONTAL & VERTICAL LOCATIONS OF UTILITIES & SAID EARTH TO THE SATISFACTION OF THE ENGINEER AND/OR AUTHORITIES. d d N APPURTENANCES SHALL BE CLEARLY SHOWN AND REFERENCED TO PERMANENT SURFACE IMPROVEMENTS. DRAWINGS SHALL ALSO SHOW ACTUAL INSTALLED PIPE 9• IF WIND EROSION BECOMES SIGNIFICANT DURING CONSTRUCTION, THE CONTRACTOR MATERIAL, CLASS, ETC. SHALL STABILIZE THE AFFECTED AREA USING SPRINKLING, IRRIGATION, OR OTHER Y Y Y Y Y m ACCEPTABLE METHODS. 3. DRAWINGS SHALL CLEARLY SHOW ALL FIELD CHANGES OF DIMENSION AND DETAIL INCLUDING CHANGES MADE BY FIELD ORDER OR BY CHANGE ORDER. 10. THERE IS TO BE NO DISCHARGE (I.E. PUMPING, SHEEP FLOW, SWALE, DITCH, ETC.) ~ ~ ~ ~ ~ INTO EXISTING DITCHES OR CANALS WITHOUT THE USE OF SETTLING PONDS. IF THE W W W W w N F- 1- F- I- 4. DRAWINGS SHALL CLEARLY SHOW ALL DETAILS NOT ON ORIGINAL CONTRACT CONTRACTOR DESIRES TO DISCHARGE INTO THE EXISTING DITCHES OR CANALS A DRAWINGS BUT CONSTRUCTED IN THE FIELD. ALL EQUIPMENT AND PIPING SETTLING POND PLAN PREPARED BY THE CONTRACTOR MUST BE SUBMITTED TO AND 3333 o:~o:~ RELOCATION SHALL BE CLEARLY SHOWN. APPROVED BY THE ENGINEER OF RECORD AND LOCAL REGULATORY AGENCY PRIOR TO o UUUUU ~ ~LL~~~ a 0 5. LOA CONSTRUCTION. C TIONS OF ALL MANHOLES, HYDRANTS, VALVES, & VALVE BOXES SHALL BE ro o SHOWN, ALL VALVES SHALL BE REFERENCED FROM AT LEAST TWO (2) AND 00000 ° PREFERABLY THREE 3 PERMANENT POINTS. ~ UUUUU N o!~G:~o: W w w w w w ~ a a a a a m 0 a N N ~cm~c~~o 0 0 0 0 0 W O O N~ N Q o PAVING & GRADING TESTING AND INSPECTION RE UIREM NT E S O O O ~ ~ 1. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING APPLICABLE TESTING WITH THE SOILS ENGINEER. N 07 ~ N C) Z rYw -cn-Ozcn 2. SOILS ENGINEER TO SUPPLY THE ENGINEER WITH A PHOTOCOPY OF ALL COMPACTION 3 ~ TESTS AND ASPHALT RESULTS. THE SOILS ENGINEER IS TO CERTIFY TO THE ENGINEER o OF RECORD IN WRITING THAT ALL TESTING ~~~~~~r . REQUIREMENTS REQUIRED BY THE LOCAL REGULATORY AGENCY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR ~ ti`j~ti~r~i+ o THE IMPROVEMENTS AS REQUIRED BY THE CONSTRUCTION DRAWINGS HAVE BEEN SATISFIED. C)7 . (~i F ~Rr sr . .il s- • !T ~ ~ Kul d ~ (q` ~ 3. CONTRACTOR TO REVIEW SOIL REPORTS AN M D BORINGS PRIOR TO BIDDING THE PROJECT e ~i ~ • ~ ~ O w ~ m ~ AND COMMENCING CONSTRUCTION. i 11 M 1` ~ 4~ s a~N:, p. WW ~ ~ ^'~d 4 c 0 U 2 M T ~7 ' . W ~ w 1] n ~ ~1 ~ R Z !F~ N C 9 ~r ~.9se9 CJ~~q~ 2 n / 0 U c ®RIGINAL ~r. r! ~r TSB+1++'`~ , : > Z ~ m~ 0 RECEIVBD w/ @@ PROJECT 563-06 ~ / 2ODU ORGINAL DATE: 07.28.06 N 3 PL~NNIN~ DEPA~~~M~N~ CHECKED BY: KEZ ° CI1Y OF GLEARW,4T 1:RDRAWN BY: HAZ a of „v dZ SHEET NO. E am zc m ISSUED FOR PERMITTING ONLY 2 OF S 7p ISSUE DATE: 07.28.06 3. I GULF TO BAY BLVD. I CIVIL ENGINEERING A • - ~ ° ~~^'•~•'T"':~~~ LANDSCAPE ARCHITECTURE d 'a : • a' . .a..a • ~ . Conc. r'on ~ '•5' Con . W °a . • . •a 2o'x2o' PLANNING • • ' •v a • ° q" . ~ INTERSECTION . p c S . ; . , d' ° ~ VISIBILITY TRIAN LE 15' REQUIRED ` 30.49' ~Q J 5' ? • LANDSCAPE B ~ ' ~ ~ s ~ ~~6 I BUFFER s ~ ~ ? ~ ~ qq» I` o o ~ ~ 0 0 0 0 0 0 a o 7 77 f l~~ ~ ° 281.74 M / - r~/, r - - - - ~ - - - N 89 5612 E M : .~%%F' r j ~ a/a.'/.' \ ~ I` . : N 90 00 00 E D 281.98 D r:~`;/ o ~ o r,.:• O / ~ . O ' ~ ' I ~ - S 02 30 00 E M 342.33 M ~ - , / ' • L2 , ;Y ~ I : ' / ' (2) 20'x20' SIGHT EXISTING ° ' " i MONUMENT SIGN S 02 30 00 E D 342.33 D , 5 ~ ; / , VISIBILITY TRIANGLE (TYP.) _ j'' / o a KEITH ZAYAC & • a. i I ~ I ~ AREA TO RESTRIPE ~ ° ~ ' j ~ EXISTING CURB WHEEL STOP TYP. coo ASSOCIATES, N 89 58 50 E M 149.95 M ~ ( I ° 7 ~ 12 I ' d I 9> N 90 00 00 E D 149.73 D I ~ I INC. g' 12' < » ~ I ~4 ~ (TYP) (TYP) (TYP) N 0215 47 W M 60.09 M s I ~ (727) 793-9888 L4 ~ I ° I ;r ~ 72 L' N 02 30 00 W D 60.06 D ? ~ o ~ ,1 11 ~ r ~ f 701 ENTERPRISE ROAD E, STE 404 0 ~ I / ' ~ ~ / : / r~ . 0 ~ I GRAPHIC SCALE SAFETY HARBOR, FL 34695 o 89 55 33 E M 282.17 M » ' , , , ;~r/ ; o o S/:/,,. 0 0 ~ o °b a 'd . N 9.0 00 00 E D 282.39 D ~ ° ~ ~ ~ ~ L8 ,I . CE~nc. S/ S~ ' ' a.• WWW.KEITHZAYAC.COM ~ 125.5' I ' a EB 9351 - LC 2$0$212 ~ E M ~ ° 131.76 M S 02 35 28 • ~ . . 133.5 b~H L6 OLD I ~ . . 5 I ' I ~ IN FEET ) 1 inch = 20 ft. S 02 30 00 E D 132.1 .0 26.65' 18' •18' I 32.38' » • O ~ 2 ~ ~ N 89 57 09 W M 150.19 M I n ' a. ~ ' L > » > 5 REQUIRED ~ ° LANDSCAPE ~ ~ . N 90 00 00 E D 150.14 D BUFFER ~ I b ' .a I LEGEND ~ ~ ~ ~ ° ~ I o ~ N 02 25 56 W M 149.95 M I m v • I ~ o~, o~ L8 ° ' ~ »5 N 02 30 00 W D 150.14 D I m ~.r1 6 n I _ . I wE..,~~ L'~ TREE BARRICADE I cn < • . _ _ . LOCATION (TYP.) ~ _ . TYP TYPICAL ~ W ~ C~J I N I 3 MM 5' REQUIRED I- ~ . 5" 10' • QUIREDI H/C HANDICAP ~ ~i I LAN .CAPE di LyJ » LANDSCAPE I O _ BUF R RADIUS ~ ~ Q ~s BUFFER „ O ~ ~ . MATC EXISTING ~ J 3, ~ RELOCATED LIGHT I SIDE ALK TYP 'O„ ' (TYP.) I 0 w ~ W d R/W RIGHT-OF-WAY I-~ ,,7 ~ ~ 2 20 x20' SIGHT ~ 0 I O 11 ~ I ~ . • t VISIBILITY TRIA GLE (TYP.) ~4 L ~ N : 12' I L~ HANDICAP PARKING ~ ~ ~ ~ 00 . ° ~ . ~ I - - - - LANDSCAPE BUFFER LINE A-1 ~ ~ ST P SIG ~ 5 00 07 1721'...... - - - .r I • • ° ~J 1721 : : L2 I i ~ ' 2 WHI ...w,•~ _ j ~ a • / 6 - S P BAR „ r j , I ~ J SITE BOUNDARY a e- yY . , ~ I n I STORY ~ I I ~ J O I V R Y J ~2" I ~ I PROPOSED CONCRETE PAVEMENT ~ CONCRETE DRIVE AY SHALL ; ' ingr 55~E reSS s ment as r • 0 41 3 Pa 39 : r / ,r, ,ca , ~ :f ~ / , Irv I _ . / / BE 6" THICK 3000 psi FIBER ~r. TO Be V cote MESH CONCRETE W 6x6 / - MERCIAL I 10x10 w m (TYP•) - ~ , I BLDG. I'~ I : I NEW PAVEMENT SECTION STRAI HT CURB Q - .:`::'':::0';::•:(: - - - - - - - - - - - - - - - - - AAt+llD1C P.IARKING (TYP• ~~K 'o ° • LFE=68.45 . I ' . F. N SPACE ~ 12'x20 ° 6 8.45 I q. ~ ~ ~ ° ~ `.::.k::•::::'.:'•:N STRIPING & SIGN 5 CONCRETE LIGH • 2.0 (2) H.C. AMPS W/ ' . ~ r • (TYP.) SIDEWALK STAN~ARD ~ .»...w TRUNCA D DOMES 5' 12' CONCRETE WHEE ::~:~~rY:':;~~:;:':°Y•:;•..... 209 S.F. to I , I ~ EXISTING PAVEMENT Q I .FTC AMP PER PER F OT INDEX STOP (TYP) _ F~DT INp~ # 304 04 ..M-... . 4 . . v., • ' . , • :::.r .y: l.~. _.,.,,F . I I• : I m : I ~ EXISTING BUILDING ~ ~Q l • . ;•.~.~:::::::.°::::•:i•.i•'i:i•r:•i?:i•:ii. ?ti:i~:•:?:i( ic:•i?rir:•i:C ~ a 0• • n.. . 6 WHITE STRIPE . . r 4 • . i~~ : ~ i • • ~ f i . . . . . . . . . . . . \ ......w.... ~ I rn I INTERIOR LANDSCAPE ~ ~ H c r~ . ~ ° , e . .I r:.: ` ~ o ~ .'J .I' a In ~ ~ ~ 78.75' / : • / r ~ 67.35' I ~ , [-1 ~ . I ~ ~ ® FBI .EXISTING TREE TO REMAIN 13 Io;I ~ ,~s~ W , E; EXISTING .TRUCK .WELL ~ I ~ _ : ~I E'I o. . 6 ~ o . / ~ ~ ~ IN~I ~ ~ ~ r v 35'~'I~ OADING ~ ~ I .a ~.I • I T_ 5 CONCRETE ~ / . / ZONE ~ ~ p . . 133. SIDEWALK a' ~ io _ :a 4 a. • PROPOSED • ~ j ~ i ' . Metal Stalrs o . I ~ Sta~CSO Conc. ' . I ~ I ;I ; I o MASONR o ~ ~ 10' REQUIRED J,,... : d OFFICE BUILDING .a ' L NDSCAPE ~ , Conc. • F F. 67.80 Poles S d Conc. Meta. Pole I I.°~•: I ~ ~ I II ~ , COMMERC ~ ~ U ~ w O . U FER BF - 20 050 S.F. ~r:~f / ~ 3.5 Guardrail G.L ~ ~Y; ~o" • I o , I I n BLDG. Z g MATCHI EXISTING ,.j y i/;,J~;~ :r~/, ~ ~ ~ I I I LFE=68.45 ~ ~ U Z 5.5 to / ~ r, / a.. % N all SIDEW LK (TYP) ,r" ; ~ y . / , j~ , Retaining W Wall y T _ .i) I • : I f-I i 2220A S F; ~ ~ w ' ~I ~ o o w .r.~ u z . / / I b~• r ~ •t• - _F ~j ~ v II I 4.7T ~ 0.53 I ~ - L5 - - C - N - - - - - < ~ ~s l /1 • Canc. Block R ainin Wall 5' REQUIRED RELOCATED 9 With 3.5 G ardrall LANDSCAPE ELEC. BOX PAD ~ ~f ~ 1 I ~ - 3a3Q~ BUFFER DOU LE DUMPSTER ENCLOSURE CITY . I 5" I `•.I ~ I ~~~~Qj~Q~j z ~ ~ J J J J J OF CLEARWATER INDEX N0. 701 o o ° ~ ° 4 FINISHE WITH MATERIAL AND COLOR OF ' • ' 0 0 0 I I ~ I \ U V U V V I ~ ~ I I .a. I I ~ 133.6' w w w I a / ~ "0 00000 RI a NEW BUILDING , %j%~ j,~ , • i i' i:: / ' ~ ~ ~ I Metal Stairs ~ ~ ~ ~ ~ R C'IV;~ U \ ~ ~ o L4 , . 10 Easement OR Book 4324 Pa e 1760 ';/'l.:-~`. . ` g n_., ,.~11 ' ~ I~~di L~ I i i I ~ n UUUUU N » - 6 . G.I:GRA TE EL=65.8,7 EL=6587` I~ ' ) ~ I I e.~'~:,Y': o w w w w w 20 ~ o „ ~ . o_ a a. a. a I ~ 72 /7, I 72 72 I _12'92 ~ ~ : 'x~~ ~ ~ ~ ~ ~ / ~ 5k, ~ ~ j ~ a~. Retaining Wall ~ g » 5 » TO » ~ ~ o: ~ o! o: o: P I IG DE yp 1'n 1E i 4„ -T0~ 5~ _~?~,`yq~Cl~~ . _ 514 ~1~ I - - C I 0 l R A' E N 4 /4_ 4 „ » » » . N ~TOB ~.1T„ - ~3,~ 22„ o o a o o w TURN TEMPLATE FOR TRUCK ~ ~ W o 0 0 U O I 9„ » 9„ L3 5' QUIRE y » lL4ADING RAMPS o N m v ~ s; 0 » » 10" » l4» 15" 6 Holly 9~ 72 15 LANDSCAPE'' 94 10 2O ~5" Z BUFFER „ ~ W - Ur"'~ ~ Z (A REQUIRED PROPOSED GENERAL NOTES: 6. SETBACKS: 25' FRONT 7.29' TO EXISTING PAVEMENT NORTH 8. ALL DISTURBED GRASS WITHIN RIGHT-OF-WAY SHALL BE SODDED. ODDED. ~ rf, r.`'E~ 12. SITE DATA: i °a o ( ) EXISTING: PROPOSED: REQUIRED: ` 4' ~ 81.01' TO EXISTING BLDG. NORTH o ( ) 9. ALL UNUSED DRIVEWAYS MUST BE REMOVED AND REPLACED WITH CURI 1. ENGINEER/LANDSCAPE ARCHITECT: KEITH ZAYAC & ASSOCIATES, INC. )WITH CURB ~ ~ •,c`? , , N 10.81 TO EXISTING PAVEMENT (EAST) SIDEWALK, AND LANDSCAPING TO MATCH EXISTING CONDITIONS 0 701 ENTERPRISE ROAD EAST, SUITE 404 22.91' TO EXISTING BLDG. EAST )NS A. TOTAL SITE AREA 108,320,28 SF (2,49 AC) 108,320.28 SF (2,49 AC) 10,000 S.F. ~ ~ ~~~'Li'w Z ; I ( ) B. TOTAL OPEN SPACE 23,931.53 SF (0.55 AC) 23,404,21 SF (0,53 AC) 5,416,01 S.F, (0.05 ISR MIN,) ~t>~ ~ ce; „ W N ~,>,Y>; , W o SAFETY HARBOR, FL 34695 5.53' TO PAVEMENT WEST 10. FLOOD ZONE: ( ) ~ (727) 793-9888 Bus THIS STRUCTUR APP AR " " C. BUILDING FOOTPRINT 22,209 SF (0.50 AC) 28,541.22 SF (0.65 AC) - ~ :~Cp " ~4 Z ~ 0 78.75 TO BLDG. (WEST) E E S TO BE IN FLOOD ZONE X , (727) 793-9855 Fax ACCORDING TO THE FLOOD INSURANCE RATE CO ~ . ~L ~r~ pwtW ~ MAP MMUNITY 10 SIDE 6.48 TO PAVEMENT (NORTH) JITY D, SIDEWALK/DECK/PAVED AREA: 62,179.75 SF (1,42 AC) 56,374.85 SF (1.29 AC) - ,••t~~: '>~°`o ~ . ~ ~ ~ s 2. SITE ADDRESS 1: 1721 GULF TO BAY BLVD. ~ PANEL NUMBER 1210300109 H MAP REVISED DATE MAY 17, 2005, # 77.15 TO BLDG. (NORTH) JCY.05' E. TOTAL IMPERVIOUS AREA: 84,388.75 SF (0.78 ISR, 78%) 84,916.07 SF (0.78 ISR, 78%) 102,904,26 SF (0.95 ISR MAX.) ~ ~ • r t~<<`', ~ N CLEARWATER, FL 33755 PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. L 29.99 TO EXISTING BLDG. (SOUTH) i•~ Y ' ~ N ~ F• PARKING SPACES 132 SPACES 104 SPACES 167 SPACES < J ~ PARCEL ID: 14 29 15 85968 000 0010 7.20' TO EXISTING PAVEMENT (SOUTH - ~ / / / / / ) 11. PARKING REQUIRED: i 5.10' TO PROPOSED BLDG. (SOUTH) m ~ ~ ; , G. VEHICULAR AREA 59,075.72 SF 46,798.82 SF - m ~ 0 ~ r~'x'EBti[kaY j ~tiN[p}r~dI3 I •L I ~,ira H. INTERIOR LANDSCAPE AREA 5,232.27 S,F. (11,18%) 4,679.88 S.F. (10%) PROJECT#: 503-06 ~ ZONING: p C ~ 20' REAR 4.77' TO EXISTING PAVEMENT WEST ~ ~;'~~~~~{~~'r~'~I~+~'~~ ~ i ( ) 1YFH+~F4t..~ ~~sRK1~C. ~ F~s•rir, ~ ~eis~ :,.~i~" ~ ORGINAL GATE: 07.28.06 6~ r~J{E,i , ~ J. FLOOR AREA 22,209,00 SF (0.21 FAR) 42,259.00 S.F, (0.~9) 59,576.15 S.F. (0.55 FAR) ~ y ~rr° I ~r.~ h!' P1 ~y Day p E rr~~o~g ray I d Ca E ~ m ( (3 , P ~a P1~~aht Evam Bm• 9pn • pm , - _ hpm a:r-19®.m a• Apr 6~ CHECKED BY: KEZ ° 3 3, PRESENT USE RETAIL , - -yam rn,'' :,pn~ r~di1 1rrc~iQhl 4D:m, 4p~, 7. ALLOWABLE MAX HEIGHT 25 50 MAX i ;,a, ;,E 9o~ a s 1~ . 13. ALL EXISTING SIGNAGE WILLBE BROUGHT INTO COMPLIANCE WITH CURRENT CODE. ow+wNBV: Haz r t. m 50'-0" FT. TO ROOF DECK THERE IS NO ADDITIONAL SIGNAGE PROPOSED WITH THIS PROJECT. 3 PROPOSED BLDG. HEIGHT (OFFICE) I r , ° 4. DEVELOPED USE OFFICE & EXISTING RETAIL 22'-8"~~1'~~'~...' ~.F"` SHEET NO. mz° EXISTING BLDG. HEIGHT (RETAIL) 14. ALL ON-SITE UTILITIES MUST BE UNDERGROUND, AND EXISTING y_ 4 - o rn ctifV~ ~ ~ 2105D 0~ s17.ath ja Z ` 5. TOTAL SITE AREA ABOVE GROUND UTILITIES ON-SITE MUST BE BURIED. ISSUED FOR PERMITTING ONLY 4 OF 8 o 108,320.28 SF (2.49 fAC) r ~wfa mN L 7p 5`'' ISSUE DATE: 07.28.06 .d. ' A Q . • ~ ~ ~ ~ • ~ ' ~ • ~ • CIVIL ENGINEERING a •d.e a •°o d :a.°•. G° - - - - - LANDSCAPE ARCHITECTiJRE s .'A , d o a< a •Conc. Median , PLANNING GRAPHIC SCALE i, 9 zo o ~a zo zo I . . Conc. Curb T Conc. Curb T ~ Yp) ~ YP ) Curb(Typ.) ~ IN SET ) Traffic Signal Box 1 inch = 20 ft M a- a ~ ~ - o ~ ~ rn rn~ o bb ~ ~ti ~ ~3 w ~ . ~ ~q bob ~ ~ ~ b ~ b n' ti titi ~ ~o , ~b. ~b, ~b. ~ LF T(~ Y BLVD b'o ~~.ti ~0~2~ °~~i ~.:.::~-~.~..1~,~~~•10 ~o'xzo' LEGEND I _ . 6~• b ~ . Co c. prom, b b 5 Conc. S W ° ~0 ~O • b •a ~ ~r.1~ ,a° a~ ,~5 ~~~.a•,; • a. ~6• ~I~ERSECTION ~ KEITH ZAYAC & o ~ t.A ~ n i~,)I. ~ ~ » ~ ~ '1 U.. ~~7,65 2 _ 10f~-r 2~~ 7 ti ~ ~ o o ~ ~ - ~,`nTRIM LE TYP TYPICAL ASSOCIATES, 0 0 0'~,~5" o ~ fi o g b ~ fi bbd b b ~ ~~~~b~~h b~, ~~1 ~~~29 I H/C HANDICAP INC. o ~ 3 ~ ~ b d, Cb. 0 M f ff ~ / o -tib ~ 10 3` ~ - 0~. `Q~ R .RADIUS . -Qr - ~ 1' o N 89 56 12 E M 281.74 M ~ b ~ ' ~ ~ ~ ' b b 9 b b. b ~ o 1 o g. o~ ~ .9 ~ ~ ~ ~ 1~ ~~.I~ (727) 793-9888 R/W RIGHT-OF-WAY N 90 00 00 E D 281.98 D b ~ ~ ~ . ~i 1 b ~a 1.~ 6139 +0~ ~ ~ ~ fib' 701 ENTERPRISE ROAD E, STE 404 bb' b b -f~ '9 b # ~ 7,85 f ff - 66.6 I • » b 3 ' 7.85 I , I L~ HANDICAP PARKING SAFETY HARBOR, FL 34695 S 02 30 00 E M 342.33 M + 1 ~ ~ ~ ~ ~ • I ~ EXISTING STORM SEWER 30 00 E D 342.33 D 7 0 • tit : ~ 31 VISIBILITY Tf~W4NGLE (~'YP.) ~2 ~ ~ b S 02 ~ I. 1• ~ 2 0 ~,~p ^ WWW.KEITHZAYAC.COM tib3 ~ ~ 6 b '1' • , 61 '1' b'1''1 fib, ~ +b b b +b + + ~ o = _ _ _ _ _ _ PROPOSED STORM SEWER EB 9351 - LC 2600212 N 89 58 50 E M 149.95 M ~I 6 ti - __..t_ . L3 b ~ ~ . _ - _ ° ~ - - - - - - _ (SEE SHEET N0. 5) 0 00 E D 149.73 D ; I I _ ~ _ , b~~~~' 66,1 N 900 _ I + b » ~ ~r _ - ~ • b f ff , 14 bb. ~L.JT I cp•, . g.12 ti NEW 6,66 ~,0~~ ..0~~+ . ~ di PAVEMENT SECTION ti N 02°15 47 W M 60.09 M ~ g" + ~;r- _-1=.:.-; ~ I L4 ° II I I q „ U ~0 / 12 ° . W ~ ~ ~ ~ N 02 30 00 W D 60.06 D I ~ o - ~ ~ / n ~~77"J I I 61.5 0 ~ ~ ~ - ~ ~o 2 ~ ~ ~ ~ ~ ~ ~ . "J vJ ` ~vJ l /~~Q I ~ ~ ~ 11 f f, f 2 2 22»I N ~k; m 2 m 1• b~ ~ b b ~ ~ti~ IO ••~~1~ • 5~1 EXISTING PAVEMENT ~ 0 ~ S 89 55 33 E M 282.17 M » ~ ~ I b°~ • ~ _ ~ ~ ~b ~ ~ b b b b , L5 b' b b ~ P T ~y N 90 00 00 E D 282.39 D o'` 66 + + + a 2.• " • ~ X + L8 I I b \ 1 q, . Canc. S/ ~ ~ ~ • 3 I ~ 8 ~ X 68,37 b ' < ° • f ff , ~ . b' b ~ 1 b b ~6 o ~ IIb b .1.53 EXISTING BUILDING ~ W xi ~ S 02°35 28 E M 131.76 M ' I 133.5 L6 f I ~ I a ' . S 02°30 00 E D 132.13 D It I • . . ~ Q 0 I10" `Z~':: ~ di ~ C~ H 150.19 M ~ ~ ~ti I ~ ~ • L _ N 89 57 09 W M ~ I I b b b I _ . ~~~~1~ =~~63 PAVING, GRADING AND DRAINAGE NOTES: ~ ~ w o N 90 00 00 E D 150.14 D .67,14 + n2_ ti .3 . : . s ff f •y b I EXISTING 6" F.S. b N 02 25 56 W M 14 o I I EX TING 2"w.s. - ~ ~ ~ 1. SEE GENERAL NOTES SHEET AND DEMOLITION PLAN FOR EROSION AND SILTATION a ~ ~ EXISTING W.M, ° 0 5 , I I ~ CONTROL ALONG WITH GENERAL NOTES. N 02 3' 0 W D 150.14 D „ 3 PPI G EVE & VALVE fi II I + ~ s I ~ ~ 7.7 _ _ 'PAVE ~ ~ ~ 0 2 I Uj . , _ 6'j 2~2~ rah a ~ 0 ~5".S ~ ;,b~6.2 2. SEE SITE PLAN/HORIZONTAL CONTROL SHEET FOR SITE DATA. ~ " b~ M & INLET D-2 ~ ~ 0~ 67.1 ~ o b . . RIM EL= 66.60 +~0 ~ ~ ' ' b1 ~ I + ti~ INV. EL= 63.75 6 + ti+ ~ + fi ( ti~ ,~2 3. SEE BOUNDARY & TOPOGRAPHIC SURVEY FOR TEMPORARY BENCH MARK (TBM) ~ „ ~ ~ I ~ ® I b I ' ~ ~ I O LOCATIONS. PROPOSED FIRE 1g „ I I - HYDRANT Y ~ 17 ~ y I ~ . ' I I - fi- 11 w » o I o 00 ~ ~ 10 00 ~ o ~ ° ; 0 4. THE CONTRACTOR SHALL MEET ALL APPLICABLE REQUIREMENTS OUTLINED IN THE ~ II I b h 14 0 6 L + ~ ~ ~ ,~'1 ~2, 1~~~~e ~ 0 LATEST EDITION OF THE ACCESSIBILITY REQUIREMENTS MANUAL PREPARED BY THE ~ b ` 6 a I I ti 6x6 TEE 1' ~ . b ~ ~ ? 16 FLORIDA BOARD OF BUILDING CODES AND STANDARDS. Q ~ . ~ IIb + I + , . ' S 13' 6 fi" U_.--67--~ ~6 „ p + Uj~ RELOCATE D CV r~~,. ~ 0 5 5 1. ~ 61. " w ~ 1721 . 1 ~ - - - - - - - - - 61 i I '1 ~ OVER EXIST F.S. b • < J ~ ~ bd. - 0 ~2 I : I 5. ACCORDING TO F.LR.M COMMUNITY PANEL #.1210300127 G THE SITE IS LOCATED ~ ~ ~ ~ - - - _ ° I . ~ ` I RELOCATE FIRE • 1 ~ > > 2 o "gyp I HYDRANT ASSE BLY '.P} . '~.oo c~`. 'S1 '~I '1 1' 1 ° ~ o, I o . ~ I I I IN FLOOD ZONES ~,y„ (ELEV xx) J I I~ ~ Q ~ `'''a~ ' '1~' In ress E res Easement as r 0 Book 4193 Page ,1239 ~ b1, O . ~1 I ~ ~ ~ I 6. ALL DISTURBED AREAS WI~IH IN R-0-W SHALL BE SODDED. ~ ~ H ~o ~ + y ~ • ~ ~ I ~ INLET D-4 3 4 ~ . ~ • (To B ~/acate + + + +I ~ 1,12 b' RIM EL= 6F. 5 b~ q '10 .r. s ~ " I INV. EL=+63.0 ~ ~ 1» ~ '~~~I ~ O ~ : b : , 6 b b b' b ~ 1' ~ - 2"x2 x2" TEE '3 • 0 ~ ..:~:r',:,~.:".:.;::~;::~- '48 w ~ I I "PVC W.S. ~ 6„x6" TEE ~•,d - 45 LFE-68 s i ' ii6r•}~::..`'~~:•`~.•. CORE DRILL AND CONNECT b I 6 UC F.S. I ° INLET D 3 . 24" HDPE TO E ISTING M.H. ~~LOCATE FDC ,h. i ~ UTILITY NOTEe~ ® ~ w ~ ' EL. = 60.17 0 _ C L CATI N a 22,29 S F:.':: ~ INV. 63.50 ~ ~ I 6 b• o ~ ~ q b REMOVE I TING ° ~ 7 ti ~ ~ 6~~ `0 ~ o , I 1. CONTRACTOR TO VFiIFY THE LOCATION OF ALL EXISTING UNDERGROUND UTILITIES. ~ ~ W Gj b b' 125 L.F. 18" Rr,+~' b ~ b' • .:::•::::'E:::;;:;;,; DDCV I ~ + k~~~ I m UTILITIES HAVE BEEN OBTAINED FROM THE CITY OF CLEARWATER UTILITY ATLAS. 67, RElvit?VE EXI6TING ~ YDRANT I _ Ca ~ H ~ a, . ~ . ~ ~ , ' D: ~ ; ~ ~ • ......-...3 . L.F • 24....{~Cp............. ::~;t; EMOVE EX STIi~'G 67 21J b p . ,~b< ~ ~ m ~ 2. CONTRACTOR TO COORDINATE INSTALLATION OF ELECTRICAL POWER SERVICE WITH ~ ~ Q ,~o~,, . . _ . ~aa x . , 0~ ::k,. g ~ ~ ~ ~ 6 . fib 9a ^ » I m I .LOCAL ELECTRIC COMPANY. o ~ ~ I ~ 0~• I I w~ a~ W U a,g~.. Ci ' : ~ . a " ~ ° r.r..:..y.... a 67.20 h~', ; ~ i~ 3. SEE SITE BOUNDARY AND TOPOGRAPHIC SURVEY FOR LOCATION OF OTHER Q o ~ a ~o. ,o ~ 'I:•: ~1:...::.; 1 6ti . . + 66.45 ~ b' 7. 0 b' ~ 6 . 0 ~ ~ °J ~ „ 61. g~ ~`Db~O` I ~ EXISTING UTILITIES. Z ~ Q + • 6 ~ Z .Y y ~o b 6 2 ~ a ~ 5 b ~ ti 13' ~ I2~ I o ^ I 'o 'o w b~ o 4. SEE GENERAL NOTES SHEET FOR ADDITIONAL UTILITY NOTES. ~ ~ _ 1 D~ ~ 1 6 48 L.F, 18" RCP '.:.C a 67.80 0 4~ 6• PL " ; ~ ~ ~\s sy a _ _ _ I a a ~ bb. '~'6 b~ 66,5 2" PLU ~ g ~ • b b , . ~3 L.F. 24" HDPE :~i b' 2 PLC ~p 43 L'.~~ 2~ CP ~ s ' ~Z b 6 w 15. INFORMATION DEPICTED REGARDING EXISTING UTILITIES IS APPROXIMATE AND IS ~ ~ ~ : . 2 ~ ~ D: 8 0 ~ ~ s~ ~ I b ~ b ~ I .a ' ~ ~ ~ NOT FIELD VERIFIED. PRIOR TO COMMENCEMENT OF CONSTRUCTION, CONTRACTOR ~ ~ ~ ~ ~ m b b' b' b- . . _ ~ a ~ , ,.t n :d . + + + b ~ . ~ + o ,,2 , ~ 3 33.6 . . . ~~2 . WILL FIELD LOCATE & VERIFY EXISTING UTILITIES e. g. TYPE OF UTILITY, INVERT, 3 fib. b • ~h , b, b. b 1, b + , < R S. ~ I + ~O • I a ~ i CONDUIT MATERIAL ECT. AND CONTRACTOR SHALL NOTIFY ENGINEER OF ANY b : bb. b~ROPOSED b b + ~ --b__+ ~ : Metal Stairs 6~, ~ o C~atir . F ~~atirs . ~~~~3 q,~~, 6~A 0~ ti3 ~ : i DISCREPANCIES AND/OR CONFLICTS. ~ ~ ~ ~ ~ . .a,.r' n a ' . / + ICE BUILDING ~ 4' eto Pole. - ~ _ b r~l~~l CL--Ui.~,,~ ~ W Canc. M. a Pole. 6°~~. oP~o++o . ~ ~ ~ `°~j ~ a a a a a 4~- ~ 1 J ~ 33333 i ~ i _ b ~ n . g S s :~~:~.:::::::::::::.."';.:::::::::::::~as::;:.' ; ~ F.F. = 67.80 1 1•,~q.: _ ~ _ ~ I Pol s ~ ~ . ' •'a ~o~ , , 6q ;a ~ ~ ' ~ b a ,G I a G-., 5Q, ~ q~- I co~ °.a , I rn 6. UNDERGROUND WATERMAINS AND HYDRANTS SHALL BE INSTALLED, AND ~ ~ a Q ~ Z 20,050 S F b 4, ~ ~ _ ~ ~ i~ , wb ~ 4. 0 6j 10 O' u~u`jwwu~ ' 4 b 3~~~o~'~'I } ~ I I COMPLETED AND IN SERVICE PRIOR TO CONSTRUCTION AS PER NFPA 241. ~ ~ ~ ~ ~ ~ 4i' 6 I 2, ti: aa~~a F' ~ ~ ~ ~ ti ~7 5-:.'~ ~ ~ ~ _,n ~ ~;~~:~.5 Guardrail~o 3 'bi• i , ~ ~ m ~ _ 6 `k '~`6 1 • \ ~ ~L ° 167,63 ~ y.. . s o' ~ - / b ~ b - 'n ti~ 1 Wall ~ 1 a ' a° ~ ~ _ .i 0 ~ .o,°~ o000o Rio a v b ~ ~ n 66 6~ b `°'1' `°'1' , ~ ~ ~ ~ . ~ i ~ ~i~/ / b ,.6 ,S ~ :•>~~-6 ~ ` 67 b b' ~ b b b ' 6 _ 0 : 0' + b~` ~ ` 7. CONTRACTOR SHALL INSTALL FIRE SERVICE LINE FROM TAPPING SLEEVE & VALVE ~ ~ ~ ~ ~ ~ C ~l U _ . T.. b - - - - 6 D~ o ~ o - - - _ _ - - - _ - - - - - b 1 _~o~____~--%' " ~ TO THE LOCATION OF BACKFLOW PREVENTER AND FROM DEVICE TO BLDG. ~ ~ o ~ " N _ ?r4 5.~ .o W W W W W ~ W ~ x X7.8 ~.3 x67.2 67~ xb7~2-'~"' b_ 68.3.. b fi ~ ~ , o ~ _ ti ~ _x.77[:. g , b 4'~----__ ` - n r_-_. ~ _ ~3 ~4~ , ~ , • ~ 9. THERE SHALL BE 7~ FEET IN FRONT OF AND TO THE SIDES OF THE FIRE ~ ~ ~ ~ ~ ~ . O h ~ L5 ~o`~---9 - o°`' o~ 2 ~o ~ 6~ g MES MES -_Oti~.__.. ~ 1 0 ~o. o b~. ~ --9~ -`0--=`~,~`---0 b c' `0---6 - 66,7 6~ 33 1~-~ -I ~x . 6 6 r c°v ~ ~ 6Q OPEN CUT PAVEMENT ~ b~, •:^~O~' ~ ~ ~ ~ s A 5 • 6 b INLET D-5 0 67' _ s 1~ ~ & REPAIR PER CITY L RIM EL= 67.00 ~ ' ~ ~ • • ' 7g / / ~ + ' r119~ ~ ~ 0~~ ~ I HYDRANT WITH 4 FOOT CLEARANCE TO THE REAR OF THE HYDRANT ARE ~ ~ ~ ~ ~ 1 ~ l ~ iP2('vi~:~~rp ` I REQUIRED TO BE MAINTAINED AS PER NFPA-A. 3• ~S INDEX #104 ~hc? ~lo~ k Retaining Wall _ q2 o bb ~ : _ r ~ ; ~i ~C-E'I,~~~ I 1 1~ ~ q a m ~ FW- a b INV. EL- 62.91 6 ~ ~ , ~ ~ STORM ~I,~1 3. uardrall 64 ~ bb b' + ~ o b » ~ ~ 0`L/~ 0 `1 '~~?'~~'I X10. FIRE DEPARTMENT CONNECTIONS SHALL BE IDENTIFIED BY A SIGN THAT STATES, a o a ~ a Q ~ 6 ~ RIME _ " ~ 1 „ 1 ~ 1~ ' ,5 j5" ~ +0~, i I 00 I "NO PARKING, FIRE DEPARTMENT CONNECTION" AND SHALL BE MAINTAINED WITH A ° ° ~ o o p ~ 4 3,~..F. 6 PVC SAN. S ICE - 60.30 CO CT 24 HDPE TO b~ ~ ~ b0 ~ , ti ~ b• b'• r~ r,~, r~, to r b ~ b b~` 0 1.00% SL MIN. fiING AT INV.= 60.43b~' b ~ bb~, b ~b• , + INLE D-1 9~3 L.F. 24" HDPE + + + EXISTING 24" IItCP 67 i v~ 30I ,I cv 0 I CLEARANCE OF 7 1/2' FEET IN FRONT OF AND TO THE SIDES OF APPLIANCE AS ~ N M ~ z I v~ I II < , I PER NFPC 2004 EDITION. RIM EL= 66.30 h ~ • ~ --~0- ~ b' CORE DRILL 6" CONNECTION b L4 ,V----b ,r ~ INV. EL= 63.85 10 Easement OR Book 4324, Pa e 1760 3' 2 ~ ~ ~ h' ~ ,n in ~ ~ 1 tYw>- -OZ{A TO EXISTING M.H. g b b~ , ~ ~ 3 ~ " , + - RA TE~EL=65.87`0 0 `~~~`?J_ r ) ~ I I ~o`O~ I .,11. AN AUTOMATIC CLASS I STANDPIPE SYSTEM WITH FIRE PUMP IS REQUIRED. ~,??4","'`~dPFf ~ ~f-12" 12„______ , FIRE PU 0 D G 100 PSI AT ROOF SHALL BE LOCATED ABOVE BEE. t~ ; ~ ~ ;~6 1 a:. I 12. WHERE UNDERGROUND WATER MAINS AND HYDRANTS ARE TO BE INSTALLED, THEY ~ ~ pia ~ g W 0-„'4~ - 6' I SHALL BE INSTALLED; COMPLETED, AND IN SERVICE PRIOR TO CONSTRUCTION AS = ~ ~ ; WN o h• ~'C. ~ ~o' ~ b 0 ~ ~co 0~0~ y,3" 0 221 ~ C0 PER NFPA-241. A HARD ROAD SURFACE ABLE TO SUPPORT THE WEIGHT OF FIRE ~ ~ ~ -y - ~im• o + 10" 10" `0 ,n a I PROPOSED BUILDING 0 ~ ~ APPARATUS PRIOR TO ANY BUILDING CONSTRUCTION BEING STARTED. REQUIRED %l~l',' ~Oti v. { 'I ~ 6 - - „L3 s 9 12 12"'1~ ~ 0 ~ ~ STANDPIPE SYSTEMS SHALL BE IN PLACE BEFORE CONSTRUCTION CAN PROCEED ~''c ~°,,F;~~~~w,,'r~ ,.~i ~ r ° EXISTING FENCE v 6 10 `1¢ Ok 15 0' " 0~ » +0~ ~ 0~' + 0~ 74 20 ~ h• 1,5" TO THE NEXT LEVEL. PLEASE ACKNOWLEDGE. 0.„ . ~ ~ fi Holly'10 6~ o 0 11 ti ~ ~ o~. o~. 0 10~ti5,~9» h~ 0 0~ ~ 11.1`~~~,i'~ If `y~`~~~ '~y ~ ~ EXISTING RETAING WALL h • ° 67.90 ~ 67.80 3'%9" 64 EROSION CONTROL MEASURES NOTE: ~ m ~I ~ m i b~ „ „ 67.20 ~ RECONSTRUCT TYPE E REQUIRED EROSION CONTROL MEASURES MUST REMAIN INTACT THROUGHOUT PROJECT#. 503-06 ~ . f ; ' ~ ~ ` EXISTING CONTROL STRUCTURE bs~ 650 CONSTRUCTION. FAILURE TO INSTALL OR PROPERLY MAINTAIN THESE ORGINALDATE: 07.28.06 e ~ ~ ~ + RIM E4 -~-66.50 1+ 4,~ ~h~ 651 RARRICAOFS WII I RF~SUI T IN ENFORCEMENT ACTION WHICH MAY INCLUDE ~ ® ~\~/~~~,F;, ••%i/1 WEI CEL= 64.55 ~14./.. WtU3H) WIIH SKIMMtH D co tx- ~tx CITATIONS, AS PROVIDED BY CHAPTERS 40D-4 AND 40D-40, F.A.C. CHECKED BY: KEZ INV. - 62.13 (EXISTING PI E) INITIATION OF CIVIL PENALTY PROCEDURES PURSUANT TO SECTION DRAWN BY: HAZ TREE ROOT BALL 373.129, F.A.C., CAN RESULT IN A PENALTY NOT TO EXCEED $10,000 °E\\<.. PER OFFENSE WITH EACH DATE DURING WHICH SUCH VIOLATION OCCURS SHEET NO. mz°//\ \ i EXISTING 24" RCP E TOP = 61,50± CONSTITUTING A SEPARATE OFFENSE. Do) Z .c SECTION A-A ISSUED FOR PERMITTING ONLY 5 OF O o N.T.S. m~ ~p . ISSUE DATE: 07.28.06 3 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING 1'-0" HANDICAPPED SIGNS ti 2 i SEE INDEX N0. 119 STANDARD PRE-PAINTED DISABLED PARKING SIGN 6 WHITE BORDER m ON 1/8 THICK SHEET LU INUM A M & SYMBOL CONC. WALK RAMP DOWN RAMP DOWN CONC. WALK 6 BLUE BACKGROUND SEE INDEX ND. 109 SEE INDEX N0.109 ~ m ,~Ik - PARKING BY BLACK BORDER DISABLED m & LETTERS PERMIT 2 WHITE BACKGROUND ONLY 1~~ KEITH ZAYAC & 6" WIDE TRAFFlC BLUE ASSOCIATES, BLACK BORDER STRIPE (TYPICAL) & LETTERS ~~55 FINE ~ c wHnr WHITE BACKGROUND F.S. 318.14 INC. o + 8" WIDE TRAFFlC WHILE Z .i • ~p~ T STRIPE {TYPICAL) ALL LETTERS ~ I o (TYPICAL) NOTE: Concrete to be 3,000 psi, with fiber mesh reinforcing. ~ 2 7~ 9 3 _ 9 g g g 1" SERIES "C" ~ ° 'e • 1 • 6 ,g 2" HOT DIPPED GALVANIZED 0• 2-1 /2" min ~ ~ 2" min 701 ENTERPRISE ROAD E, STE 404 STANDARD WEIGHT STEEL PIPE 5'-0" ~ N SAFETY HARBOR, FL 34695 ~ II ~I \ I " aI Ia A. Q a N p~a ~ I II p'., ~ ~ ~ WWW.KEITHZAYAC.COM " 2" (TYPICAL) ~ EB 9351 ~ LC 2600212 N ~ N III- a, a. -III _ _ ~ - I h . 8X2' 6 CONCRETE MASS. 12' o" 5'-D' t2'-G' a I I. a FINISH TOP OF MASS LEVEL yg~_0• ~ ~ ~ • _ I _ N WITH A SLIGHT RAISED WASH - ~ APPROXIMATELY 1/2" ABOVE - . ~ . , - =LEVEL OF TURF/SOD. HANDICAPPED STALL DETAIL. 4' I I d' 7-3/4" #3 Bar 7-1 /2" #3 Bar ~ ' a.u Q. Typical Typical i ; TYPE A TYPE C ~ O ~ NOTE: ~ . ~ All pavement markings to be thermoplastic. ~ ~ CITY OF CLEARWATER, FLORIDA CITY OF CLEARWATER, FLORIDA DA CITY OF CLEARWATER, FLORIDA W C-~ ~ ~ g" PUBLIC WORKS ADMINISTRATION PUBLIC WORKS ADMINISTRATION ENGINEERING ENGINEERING DN PUBLIC WORKS ADMINISTRATION E-I W RmRANN BY DATE REDRAWN BY DATE CC 5 99 A•C• 5 99 ENGINEERING ~ W ~ ~ DATE REDRAVM BY DALE ~ ~ F+-I 5 99 Novo 7 92 1 12/99 Updoted Flne MG. CHECKED BY TYPICAL HANDICAPPED INDIX N0. CHECI® BY TYPICAL DOUBLE INDIX ND. IN11BN0. t 4/8/02 Rev. Notes CHECKED DY WHEEL STOPS INDEX No. N HANDICAPPED STALL 11B HANDICAPPED SIGN DETAIL M•Q• SIGN DETAIL 119 M.Q. DE9GNE0 BY REV. DATE DESCRIPTION APP• DESIGNED BY 2 OF 2 REV. DATE DESCRIPTON APR M•G. 1 OF 1 M.G. DE~cNm DY REINFORCED CONCRETE 117 I~..I 2 OF 2 REV. DATE DESCRIP710N APP. R.C.S. 1 OF 1 ~I r/'1 F-I ~~~41 V~ • 4" Dro at A!I Drives 4 Drop at All Drives p TYP CAS FRE HYDRA~JT SETTf~G • 2'°R 5" 1» • , , 6„ 2» iv • . ~ Wearin 1-1 /2 R Wearing Surface \ g n.t.s. ~ ~ 3 R ~ Surface q •~ys \ I Construction Joint A 0 '<r / •ti;.. a SECTION A-A o~ a 1 o ~ = - - Permitted (Typ) ~ yy J y ~ ' ~ ti ~ ~o Xe L ° 'r J.. ' - o0 NORMAL TYPE I CURB ~otiea 3 rn / ~'d'::4~ N ~ P:;:: 3 L SEC110N -SEE INDEX 101 0° ~ ~ , ~ / '°'~•4•':~':~ :~D:'• " 8 ~ / •'P' N o Base ~ ° , ~ Base , y .k. ••'•''a•' Back of Curb Max. 15' -Min. 4' or r ~ / .6 . 24 r~/ :a:~,::~: Com• acted 18" Min. Edge of Pavement ..Compacted.... P A B C ~ Sub rade• 24" Max. ~ ' Distance Varies -Valve Box r^' ~ i ~ ~ • I~ ~.\YVY\~ r /r. / Limits of concrete swale • ~r Limits of pay quantit \ y r, NOTE: When used on high side of roadways, the cross slope of the gutter shgll• match the cross slope of the di ~ 2'-s" adjacent pavement and the thickness of the lip shall PLAN ~ STRAIGHT CURB ' ~ ~ ~ ~ ~Q ~ • ~ be 6 ,unless otherwise shown on plans. • 1'-4" • ~ ~ ~ ~ ~ X10 W • : , I E I CUR TYP B ~ ~ ~ I ~ ~ Q N ~ ~ f.~ech. Joint Valve ® ~ ~ ~ ' 3 ONLY APPROVED ' Back of Curb NOTES: SECTION B B ~ 5 6 Continuous ~ Construction S mmetrical Kennedy Guardian No. K-81A ~ ~ W W N ~ y 1. There shall be a 1/2 .seal joint between ~ " About Driveway back of curb and drivewa . ' i Muller Centurion No. A-423 ~ ~ ~ U.S. Pipe Metropolitan ~ ~ ~ W y ~ 2. Concrete in curbs shall be 3000 si with SECTION C-C p ' fiber mesh reinforcing. NOTES: I ~ ~-Restraining Joint (Typ.} ~ - Face of N Wearing • NOTE: .Curb ~ Surface CITY OF CLEARWATER, FLORIDA CITY OF CLEARWATER, FLORIDA 1. Steamer Connection to Face Street. o ~ )A CITY OF CLEARWATER FLORIDA 1= PUBLIC WORKS ADMINISTRATION ~ PUBLIC WORKS ADMINISTRATION Subject to City Engineers approval. ENGINEERING ENGINEERING ~N 2. All Fire Hydrants to have 5 1/4" Valve Seat. ~ ui a PUBLIC WORKS ADMINISTRATION g U ~ 3. Fire Hydrants Shall be Placed at Street Corners ENGINEERING a 0 ~ w - To be used onl in uni ue situations. RAWN 3 TR A N S I TI 0 N A T DRIVE S y q R Novo BY CONCRETE SWALE ~ 92 RENp~ BY DATE DAZE or in the R.O.W. Ad scent to Side Lot Lines DY TYPICAL HYDRANT nA~E z ~ ~ rr~~ a 2 91 ~ B.V.D. Oi 15 92 U U 1./ Z CHECKED BY DETAIL INDIX No. TYPICAL CURB CROSS 2 91 1 4/9/02 Rev. Notes R.G. CHECKED BY INDIX N0. INDIX N0. Whenever POSSIble. CHECKED BY SETTING INDEX NO W W 1- 101 c.c.H. CROSS-SECTION 402 ' ~ ~ w TYPE I CURB 108 W~•S• SECTIONS 101 OE9GNED BY DE9GNE0 BY REV. DATE DESCRIPTON APP. 1 OF 1 REV• DATE OESCRIPDON APP. C.M.H. 1 OF 2 M.G.B. 1 oF2 4. See Sheet 3 for Typical Connections & Fittings. REV. DAtE DESCRIP7IVN APP, DET.c.J.DY 2 °F 4 a a vi - I ~w m 6" die. Steel o a s ~ I b II rd ' conc. Filled t (YP} am ~ oa o: o! ~ o: o: W W W W W ` 10'-8" ~ aaaaa 6" conc. Slab o UUUUU ~ 12' 12' max clearance min. clearance min. WlL U. u.a a 0 0 0 0 0 o / N " ~ o Swing gate U U U U U N ~ ~ ~ ~ ~ (tYP•) WWWWW RGI O a a a o. D. I 4' ~ min. ~~W~~ IEEI 0 o o: o! o! o: o! N I ~ ~ ~ 0~ r ~ ' N ~ ~ ~ ~ ~ P~ NIA Ui~/~I~II?ekf.IB ~ 0 0 o a o , PLAN Drop pin hole O O N ~ N ~ ~ ~ ~'9R f~Y~'~ ~y ~ ` ~ o (tYP•) 0 0 0 0 0 Tie beam with N.T.S. 2-#5 rebar continuous N M th N O 12' 12' Z clearance min. clearance min. ~W>-fA-Q;ZU! 3 `1tt11Nitirr~l ,J r p 1-#5 at 4' center a 6' drop pin •e• ~•i ~I J [o ; l ~ ~ o (tSP•) G C~ s I Swing gate (typ.} o Grade Grade I 0 14" N " ~~'A ASE q 0 6" 3000 p.s.i. Concrete slab with fiber mesh reinforcing -monolithic, min e~ y~~~ ~ • G~~~ /~O ~g1 • r~• • ~ ~.l W W Y' 6" 6" thickness, 6"x6"/ 10x10 w.W.F. U 3 ~y N 8"x16" concrete footing w/ 2- #5 continuous rebar CITY OF CLEARWATER, FLORIDA WN f ~t; S ~ d ~ (typ,) PUBLIC WORKS ADMINISTRATION ~ ENGINEERING ~a,~ tlf1~~~ a J ~ m ? ~ ELEVATION DRAWN BY DATE ~ EA. 6/O1 N.T.S. , 4/e/o2 Rev. Notee ~G• ~ECKr~ BY DUMPSTER ENCLOSURE INDIX No. PROJECT 503-06 e ° D~"• DOUBLE 701 ~ REV. DATE DESCRIPTON APP. DE9GNE0 BY 2 OF 3 P.H. ORGINAL DATE: 07.28.08 m 3 CHECKED BY: KEZ lel m DRAWN BY: HAZ a of a SHEET NO. i5Z E 0 0+ ZC L- 3 ISSUED FOR PERMITTING ONLY 6 OF 8 my m ~o ISSUE DATE: 07.28.06 3 v GULF TO BAY BLVD. CIVIL ENGINEERING .o n ~ ' • LANDSCAPE ARCHITECTURE zo'x2o' PLANNING .a • : ' ,.Conc. • pr'on . • • •5 Co c. S/W g • ° a" a•~ • ; ` INTERSECTION 1» • ' r VISIBILITY TRIAN LE YY ' » ~ / YY.Y XISTING VIBURNt~M 9 r ' -EDGE ti ° f ff f ~ o r~ o ~ N 895612 E M 281.74 M , - ~ o 0 0 0 0 0 - ,i• 1 L1 I , ° n , l LM 1 4 ~ N 90 00 00 E D 281.98 D ~ • • • o ° ° ° 40 RI . . I I ° f >f f 55 I~ S 02 30 00 E M 342.33 M ~ SR L2 , VO ° ~ 'f ~ > ' 30 I . (2) 20'x20' SIGHT S 02 30 00 E D 342.33 D EXISTING MONUMENT I VISIBILITY TRIANGLE (TYP,) EXISTING 52 LM sP .•::I 27 KEITH ZAYAC & SIGN VIBURNUMS -EXISTING 52 VIBURNUMS 15 4 e . ° f ff > I I ' h ••p.~ ~ ASSOCIATES, L3 N 89 58 50 E M 149.95 M ° f fv f ~ EXISTING 10 SAW PALMETTO 1 I 1 I OV 5' FOUNDATION PLAP LM )UNDATION PLANTER 20 4~<. 1 I I N C. N 90 00 00 E D 149.73 D 1 » 14 I REMOVE EXISTING N 0215 47 W 6 0.0 M " I : M 9 9 I 3 SMALL PALM • L, GRAPHIC SCALE (727) 793-9888 L4 f, f N 02°30 00 W D _ I 60.06 D 1 I 2 / a ~ ~ 2 so o ~o so ~ 701 ENTERPRISE ROAD E, STE 404 S -r > LM ` • I SAFETY HARBOR, FL 34695 S 89 55 33 E M 282.17 M L5 30 LM o 0 o a c ° f ff f 8 (IN FEET ) N 25 . e •a , a. as 90 00 00 E D 282.39 D : , . a• ' • . ~ .••P • ~ 1 inch = 20 ft. • n as n ,a d•,I d ~ Canc. S I ; . , , is ~ l ~nc•. S~ " - WWW.KEITHZAYAC.COM a a . a S ~ EB 9351 - LC 2899212 131.76 M - S 02 35 28 E M 5' • f ' 5 ~ L6 . o ° f 133,5::: I S 02 30 00 E D 132.13 D I ~ • • 33.5' IV . vo ° f f, , 37 ~ 1 ; ~ -I- • PN L1 ~ N 89 57 09 W M 150.19 M n I r.,. a . ' ' PTV • ~~~----111 65 L ° f f I _ 15 4 N 90 00 00 E D 150.14 D I 20 i • ~I o N 02 25 56 W 149.95 M I o M L8 ~ ° 2 ~ N~y ~ ~ ~ 2 30 00 W D 150.14 D »,~t I ~ _ I , W ~ m N e RI N 45 ~ w ~ ~ 45 m I EXISTING TREE TO , I ~ ~ REMAIN TYP• ~ ~ ( ) i- o 19" • LI VO LI ~ I „ sP ~~~Q » 12 2 70 2 17 y 11 1 a, -fi- 5 w a.. Io » 11" o UP PTV I 0 I 14 L . . (2) 20'x201 SIGHT ~ ~ 1 25 • ' VISIBILITY TRIANGLE (TYP.) a7 1~ I ~ a~ ~ ~ ~ i ~ „ PTV UP CU C~ ~ , - - . 17 21 J ~ #1721 L2 I Y, ~ I ~ ~ , , ~ I N o I STORY ~ I ~ a ~ I ~.I CO I ~d.°~, Ingr ss/E ress Eas ment as Bo 41 3 Pa e 1 39 N I ~ . O gSONRY ~ ~r' I I ~ To Be V cote ~ < MMERCIAL I I ~ UP UP I c° I . PTV I UP ° D » I I 1 1 I ' <a - 5~ ------------------J RI F BLDG. PN I 62 'o SP I I _ LFE=68.4 ~E=68 45 ~ 161 ~ I u uP 22 209 S:F; . 25 1 a 1 2 UP 2~ . '2,209; S F: I : I Iv ~ Q 1 1 _ . .•d ~ I . ~ ~ ~ ~ 65 d I a• ` ~ i I y; I C • . I m . I LM oc~~ I • I _ ~ ~y 4C 7~ • I ~ ' I ~ ~ I-l tiJ r. 1yr~ L, _ . a~ ~.J iii/ 0 0 o c~ 0 0 0 0 0 0 0 0 1 . . ~ - e _ n_.I a ' \ i~1 ~ 'a ~ ~ ~ a ~ ~ a~.. :~oP,r' : • I ~ I ~ a LM a Viii`' e. . t' d o' , e n d o. . oa a<nc 1 i i %ii ~ a I p 2 ~ O 145 ° - ' . „ . / I~ a . l: L4. Io "I sP 2 130 SP IV SP SP IV SP F ~ _ ~ . ' ~ 3 40 3 3 30 3 ~ J , ° t ~ , r I I N~ I ~ ~ Ew.., Q ..I :,I Iv Z O LI ~ 133.6 ~ ~ 33.6' •~.~I~;I4D ~ ~ . ~ ~ \ / ~ Metal Stairs f OFFICE BUILDING Iv ~i `a q `(S n LI ~ w z rs Conc. Me{o~ S~Pole Conc. I m 2 W ° ~ ~ ' SP ! PTV Conc. F.F. = 67,80 1a ~ .IJ.~I ~ ~ ~~W 3 4o Poles / 20,050 S.F. ~i; ' G.I. » rn M z ~ ~ ~ I 5'0 ~ ~ ~ 3.5' Guardrail ~ ~ 30 ~ ~ ~ z °~~'d ~ Retainin Wall w w I- Wall 5 TOB II i I o ~ w ~ 1 ~ ~.i 0 ~ i ~ / / 1ii'~ , . ' v ~ ~ w 1 L' 1 VO ~ ' ~ `~I i „ • e• ~ ~~_~i \ ~ ~ o 0 53-' - 5 • r .s .I • RI ' LI VO VO ' 1 1 Conc. Block Retaining Wall ~ `~~~rr~l l ~ I I ~~rx~~ 75 With 3.5 Guardrail 8 40 30 ` f ~ ~ SJ~" ~ a I W W W W W ' I I ;•a ~ a33aa i rt~l ~5,f 1 I I LI ~ w w u~ w Z „ • E o ° ° ° ° ~ o EXISTING VIBURNUM o o; /i l , V0 I I I~ 2 I ~ ~ ~ ~ ~ ~ ~ I ` HEDGE ~ • ~ ` ' ` . ' ~ ~ ~ 50 I I TREE REMOVAL ~ ~ ~ ~ ~ 10' L4 ~~i - - o Easement OR Book 4324, Pa e 1760 ~ g r. U~ I I I - - - - ~ _ - ~ :y, ~ , I I 1REE # SIZE GRADE ~ ~ ~ ~ ~ RI~I w ' " GRA TE EL 65.81 I 6 ~ G.I. „ J, I w w w w w a a a a a R C°Ih.,D ~ EL-65.8,E „ 1 / i ~ I I » I 12 ~ 0 72 72 ~ ~ 1 ~ ~--;'2'/j2„~~ ~ , ~ 1 4 OAK ~ ~ ~ ~ ~ 0 N n » ,5 » 4 /4 4 ~ 4 TOS 5;, 5~ --_~`_5---_ 14,~~4„ : av I 2 6" OAK ~ ~ ~ ~ ~ ~ 20 6 „ I . 12 N n, » ' Ar » „ „ ~ n• 2 7" OAK A'1It,,~ 'T V , o ENERAL LANDSCAP " " ~ 13 22 6 TOTAL TREES REMOVED ~ ~ IA~,ER 00 N'- N E NOTES 10 10 » 9„ L3 ~2» I he Landscape ontractor shall grad planting beds, as required, to provide positive drainage and promote optimum 10 » 1 D 14 4 15 plant growth. 6 Holly 12 75 14 70 20" ~5» Z o~ ~'~n„ I ~W~-fA-OZ,sn ~;i - ~ 2. All recommended trees and plant materials will be graded as Nursery Grade No. 1 or better as outlined by the Florida 10. The Landscape Contractor shall be responsible for securin all necessa a licable ermits and licen 20. An 20. Any existing areas that are disturbed during the landscape installation shall. be resodded with St. Augustine "Floritam". 9 ry PP P ses to perform o Department of Agriculture and Consumer Services, Division of Plant Industry "Grades and Standards for Nursery Plants", the work set forth in this plan set and the s ecifications. P `a~` ~ lid o . 7th Edition, 1998 as revised from time to time, ~ 11. 21. Th Plant material shall be bid as specified unless unavailable, at which time the Landscape Architect 21. The Landscape Contractor will be responsible for the collection, removal, and proper disposal of any and all debris J ,,.~~~~q ~ ~ ~'~/`~~'k; , ° 3. All planting shall be done in accordance with the Florida Nurserymen's and Grower's Associations a roved ractices. will be notified by in writing of intended Chan es. gE generated during the installation of this project. ~ ~`~~'';,I $a' ~ PP P g ° 4 - - 12. Any and all questions concerning the plan set and or s ecifications shall be directed to the Landsca A ' All plants shall be fertilized with Agriform 20 10 5 tablets as er the manufacturers s ec'f' ~ P pe rchitect 22. All s" . ; ~ ;w 22. All areas disturbed within right of way shall be sodded. Iv r~ ~3~ ~ ~ ; .w ° note 5. P p i ications in conjunction with at (727) 793-9888 ~ 13. There shall be no additions, deletions or substitutions without the written approval of the owner. ° 5. The planting soil shall be the approximate proportions as follows: 50`o sand and 50% organic material consistin of native eat well-d g 2 p , ecomposed sawdust, leaf mold and top soil. It shall rovide a ood liable and thorou h 14. The Landsca e Contractor shall uarantee in w i ' PLA P 9 P g ly mixed p g rung, plant survivability for a period of twelve (12) months from final 5 PLANT LIST (PROPOSED PLANT MATERIAL) VEHICULAR USE AREA. ~ ,a~' 65~~~~, N medium with adequate aeration, drainage and water-holding capacity. It shall also be free of all extraneous debris, acceptance by the owner. such as roots, stones, weeds, etc, 9 UP 9 UP Ulmus Parvifolia, Chinese Elm. 2"Gal (10' ht.) THERE SHALL BE 10% OF GR05S VEHICULAR USE AREA DEVOTED •~~'ll~~~!~!""~~+'`~ N ~ 42 LI d 42 LI Lagerstroemia Indica, Crepe Myrtle,1112"Gal. (10' ht.) TO LANDSCAPED GREEN SPACE ~ m 15. All dimensions to be field-checked by the Landscape Contractor prior to landscape material installation. Discre ancies shall ~ 6. All planting areas shall receive a 3" layer of cypress mulch, which is to be watered-in after installation. be re orted immediate) to the owner. P 3 Q~ 3 QV Quercus Virginians, Live Oak, 2" CAL. (10' ht.) P Y 53 SF ~ 7. The )ant material schedule is resente 16. All materials 53 SP Sabal Palmetto, Sabal PaIm,10'-12' C.T.H. VUA LANDSCAPED AREA REQUIRED; aRO~ECr#: eos-0s e P p d for the convenience of the Landscape Contractor. In the event of a discrepancy must be as specified on the landscape plan. If materials or labor do not adhere to specifications, they will 277 P7 between the plan and the plant key, the plan shall prevail, be rejected by the City Protect Manager with proper installation carried out by Landscape Contractor at no additional cost. ~~n Ri 277 PTV Pittosproum Tobira "Varig", Varigated Pittosporum, 3 Gal. (2' ht.) 30" O.C. (46,798.82 sf of VUA)(10%)=4,679.88 {10%) ORGINAL DATE: 07.28.06 93r1 RI R~nhinlcnie Inrlin~ Inrli~ 41n..dL....n 4 !?AI 9lH~ A a i 250 IV fur V IIIY VG, II IYIU 1IGYYIIIVI I Is Y w W.%,. 250 IV Ilex Vomitoria, Schillings Holly. 3 Gal.; 30" O.C. VUA LANDSCAPED AREA PROVIDED: CHECKED BY: KEZ 8. Plants shall meet size, container, and spacing specifications. Any material not meeting specifications shall be removed 17. All permits necessary are to be provided by the installing contractor unless otherwise specifically stated in the s ecifications. 390 Lti s 390 LM Liriope Muscari, Big Blue Lilly Turf, 3 Gal.; 30" O.C. 6,108 S.F. (13.05%) DRAWN BY: HAZ 3 m and replaced at the contractors expense. p o E 396 VC 396 VO Virburnum Odoratissimum, Sweet Vibumum - 3 Gal., (2' ht.), 30" O.C. mZ 9. The Landscape Contractor shall be responsible for examining fully both the site and the bid documents. Discrepancies 18. No contractor identification signs shall be permitted on the project, except for the project information si ns. 30 SR 30 SR Serenoa Repens, Saw Palmetto - 3 Gal., (2' ht.), 30" O.C. SHEET NO. o in the documents or the actual site conditions shall be reported to the Landsca e Architect Z .C in writing at the time of bidding or discovery. No account shall be made after contract completion for failure to report 19. Existing sod shall be removed as necessary to accomodate new plantin s. condition, or for errors on the part of the Landscape Contractor at the time of bidding. g ISSUED FOR PERMITTING ONLY W 7 OF 8 s ISSUE DATE: 07.28.06 3 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING - - SPREAD IRRIGATION NOTES ~a a ~ 1. A low volume irrigation system, that provides 100 coverage to all proposed a plantings, will be designed and installed by the Contractor. . a 2. The proposed Irrigation System must meet or exceed all applicable City code KEITH ZAYAC & ~ ~~x ~a ~ requirements. (i.e., Back Flow Prevention, Automatic Rain Shutoff Device, etc...} as as HEIGHT ~ CS ~ 3. Irrigation system must be inspected and accepted by Landscape Architect A 5 S 0 C I A T E S ~ a MULCH 3" FROM STEMS ~ tJ Q s~ #J ~ ~f Plrv' 'i~ ALL 6HRUB5/CsROUNDC0YER prior to installation of mulch. Irrigation must meet city code section 3-1203.C INC. Q ~ ` ~ r ~ TO BE TRIANGULAR SPACING. OJ I y' (-~,u~ r to provide 100 coverage, and include a rain sensor and timer. 3 MULCH LATER L, , h , ya y ~ T ~ SEE PLANT LIST FOR fO.CJ SPACING. 4. Irrigation as-built drawings, which accurately and clearly identify all modifications (7 2 7) 7 9 3 - ~ g 8 8 G ~I ~ 0' ~r, -n't ~ s , ~ &/or substitutions, must be submitted prior to final inspection and acceptance. "s;;:: rF-;^;i~ \ ~ t~ v ~ N4 t pug / 5. The Landscape Contractor must coordinate the placement and power supply for the 701 ENTERPRISE ROAD E, STE 404 FERTILIZER TABLETS '.::.`i::`' :`~a,;',%:s \//u/ . ~ ~ ~ I~ ~ d rl 1~, irrigation control timer with the General Contractor. SAFETY HARBOR, FL 34695 SPECIFIED. PLACE UNIF0p'1L ;„kg',.-a~,. ,i~•.,.:~r., \ PREPARED PLANTING 501E ~ 11 AROUND 8007 MA55 ~y' \~\~~\j\\/\ tt s t( . , t. / / / / / / / h ~ r ~ ~ BETWEEN MIDDLE AND \ IS r ~ N~ ~i S 6. The following irrigation system components will be utilized, per each manufacturers' BOTTOM OF ROOT MASS / ~ / / / / / ~ - a 5 ti ~ specifications. WWW. KE ITHZAYAC. COM \ ~ ~ ~ M~ ,;"r 15" MIN. SETBACK FOR SHRUBS EXI5TIN's UNDI5TURBED 501E S 1 fr ~ + GR0UNDC0VER9 Toro-Netafim TechLine Self Cleaning, Pressure-Compensating Emitter Line EB 9351 ~ ~c 2soo212 3 TD 5 TIMES WIDTH HARDIE - Raindial 6 Station Outdoor Control Timer OF ROOTBALL Richdale - 214APR 1" Electric Valve SHRUB 4 GROUNDGOVER PLANTING DETAIL oc. sPACw Amtec - 10" Round Valve Box. di N.T.S. BACK OF GURB/ BED LINE ~ W ~ ~ ANT 5 ACING p~TAIL lS~CTION) PL ~ ~ ~ ~ ~ N.T.S. W~'~di W di ~ ~~xdi ~ ~ Q C~ PRIUNE AND TIE FRONDS ~~wo a~~ a~ SPREAD TRUNK SHALL BE STRAIGHT AND WITHOUT CURVES, FREE OF SCARS, BURNMARKS AND BOOTS a ~ ~a e V J a d~ W .,~~n; ~„I„~ H ~ ~ Q ?~a. W H ~ ~ as W 'h~l ~ a ;a~ ~ . ~ as ~ ~ Q HE ICsHT ~ W ® ~ 5 CATERS of BURLAP, 5 - 2"x4"xl6" WOODEN BATTENS, CONNECTED WITH 2-3/4" STEEL-BANDS. MULCH 3° FROM TRUNK W ~ MULCH 3" DEP1H ~ Q F TILLED AND LOOSENED ~ ~ z 2"X4" WOOD BRACE l3 EA, MIN.) NATNE SOIL BACKFlLL NAIL To BarrENS + STAKES 2'f(2'l(4' STAKE 2"X2°X4' CROSS MEMBER- TABS ~ l3) Z"x~"x36" WOODEN BTAKE6 AS $PECIFlED. PLACE UNIFORMLY AROUND o TILLED AND L005ENED 6" 50115AUGER AROUND ~04~ MASS BEfYIEEN \ \ PLANTING HOLE. Q ~ o ~w NATIVE 501E BACKFI _ OF ROOT MASS. z ~ ~ ~a 3" MULCH LAYER -I "-lI RooTB ® 2"X2'%4' CROSS MEMBER 1s"MIN. RoorB _ , UNDISNRBED SOIL U U Z / / / / / / / / / / / EXISTING UNDISTURBED 501E ~ _ 2-2 4 STAKE W FERTILIZER TABLETS ~T % l~l~ /U~l~~~ 0 0 w ~ ~ s AS SPECIFIED. PLACE \ 11LLED AND LOOSENED _ - ~ _ LONG TAPER MIN. 18° UNIFORMLY AROUND / NATIVE SOIL BACKFlLL ali= ~I _ -._x;111- - INTO UNDISTURBED a o. rn ROOT Mass BETWEEN SOIL MIDDLE AND BOTTOM MIN. 3 TIMES THE WIDTH of RooT MA55. ° 2'X2 X4 STAKE 3 TO 5 TIMES THE WIDTH of THE RooTBALL 2-2.5 DRYWALL SCREWS OF THE ROOTBALL m fi >~LM PL~NTINC~ DETAIL TREE PL~4NTINC~ DETAf L w w w w w N.t.S. N.T.S. ~33~3 a~ ~ a UUUUU ~ ~ ~ ~ ~ ~ 0. 0 0 0 0 0 E 0 ~ UUUUU (q ~r1a!~~ W O wwwww ° a a a a a I RI IAL o:aa~~ mQ 0 0 N N m ~ B IPIO EJE' Y Q 0 0 N O N ~i 11 I~ y~ ~~moo I 0 LERtAER ° O O ooo~ ~Nm~In 0 Z - ~ - ~ Z ~ rn y~tl~ii„rr 3 v c0 O w ~ ~rr • ~i ~ ~ ~ ~ ~ Q ~ (Jl'~~q : ~ N O ' Y ~ cif"' ~ ~ ~ r R'~ N ~li'° ice' ~ ~ ~ W' V7 0 I + ~ ~ u (7;10 r7 0 N W W c ~ z 0 U 3 L r . ~ ~c N ~ ~~~~II17~t t Q W N C }Z 0] ~ U m c PROJECT 503-06 e 0 ORGINAL DATE; 07.28.06 N m CHECKED BY: KEZ 3 Si DRAWN BY: HAZ m C 3m of SHEET NO. 0 mz E vrn C Z. ISSUED FOR PERMITTING ONLY 8 OF S s 3 m N1- ISSUE DATE: 07.28.06 3 M o , CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING d, ~ a ° d 4 ° ~ ° ~4 .a a ~ a 4 ' ~ da a AV ^ e ° 4° ~ _ T _ _ .n... 0 _ _ _ _ _ q . ° ° ~ e ° ° 4 Conc. Median ° e _ q ° ° ° d i, a ° n 9 I N 89°56'12" E(M) 2 - I TBM 2 L1 N 90°00'00" E(D) 2 - NORTH RIM OF MH Conc, Curb(Typ.) EL = 67, 2D, NA 4/D 1988 Conc, Curb(Typ.) . - Traffic Signal Box ~ N ~ ~b ~ o~ Lz S Ozo3o'o0'' E(M) 3 KEITH ZAYAC & OM/ ( ti o ~ . n .n v ~ v . RMEL=67.23 ~ ~ ~ ~ ~ q ~o'b ~.o~ ~.2b ~-~ti1titi oo ~FND N&D I S o2 30 0o E(D) 3 ASSOCIATES, ~ ~ b `0~~ b~ ~ b ~w ~ ~o ~o ebb ~b, fib, yob, b~ b ,g b 0~__-__~__-~'1 ti '1 ~ PLS 2865 -~--~~q~2~1~~ rxh G7 ~o~h~ -------~b~-+e~ 32 ~1 bb~ IN C . I "b- 2 . b b o~ o2b ~°4 d ° rb ° .b .ti . 2---,-,---: 2~- ~b1 Fb~ •~b~ ik" ~b 1.10 ~ ° „ FCIR 1 2 ti 2 1 2 2 3- ° e ° 6~ ° b b~ Conc. °pronb b b 5 Conc, S/W ° ° b .a b~ e~ .a ° ~G~~~~°~_a a . e~°o~ L3 N 89°58 50 E(M) 1 L LB 6 60 4 b „ „ 0~5., ~ o~ 1.bb~ N 900000 E(D) 1 (727) 793-9888 0 °1 do .5 Conc, 'urb , ~1 2 7,65 Z 1• ~ 1 9 » ~ ~ ~ b 6. b b WV b ~~•6 b~ b b~, g d1~ ~ ~ '1• 1 ~ ~0~1 b~ , ~~.6 b~b~'b~'~• b~ ~ I 70I ENTERPRISE ROAD E, STE 404 I ~ 0 a \ b e ~ ~~b ~ ~ • Entrance Sin ~ ~ ~ sa 6j'~s N 02°15 q-7" W(M) 6 ' SAFETY HARBOR, FL 34695 ~ a ~ ~o~ g ti s>~~ „ ti Main Sign z7 b~' z7 b1 b~ ~ ~ 2~ o `q ~1"~ ~3~~ N 02°30'00" W(D) 6 1b ' > 9 9 b 1 0. bb~.._..-.-. , • ~ i o i ' ebb ~o ~ ~ b ~ ,1 • b, b b _I , 9 b ' , ~ ,l 6~3° ~ b~ WWW.KEITHZAYAC.COM b tib o, b' 1• d ~,3 b 6~ ~ a ~ ,6 + 3 ~ 7.85 0~~'~~~1. I L5 S 89°55'33„ E(M) 2 EB 9359 ~ LC 2600212 66b9 b I ~ » ~ b I ~ 15 9 ~ ti + - 15 I • w a Conc. Curb 7 ~ . obi O " 'b b~ ~ 2 1 ~ b 'I ~ I 67.3 b 2 0 ti b i- Asphalt b~' 1 1 o~ (YP) o~ ~h ^~n o~ a ; N 90 00 00 E(D} 2 , b1 '1 b• 3 -I- +b +b b c. Curb T ~ ti S _ _ _ . Con (Yp _ _ _ ~ ~G.i. + + ~ ~ ~ L6 S 02°35 28 E(M} 1 ~ .ATE EL-66.91 1`° ~ ` 66.1 ~ O S 02°30'00" E D 1 ~ l a G.I. I t- . - - b 2 _ _ ~ _ - _ -b- - 1 1' V n \ 1VV ~ Q 14 bb, I - g1 ~ GRATE EL - , 44 „ ~ °57'09" W M 1 ~ ~ ~ a I I i ~ I ~ h ~ ~ I~ ~ L7 N 89 O a ( 2 ~ O N 90 00 00 E D 1 11 I i o -~-1 o ~ c~ Z ,~1• ~ ~b b b b ~ ~h~. b, 2 - ~ '1 c 2 1 q, 1 » b~ : ~2 I I ~ ~2 I b '1 • o b ~ `D b b b b ~ 8 2 b, b• bb b U 4 ° a " - 66'~ ~ N 02°25'56" W(M) 1 ~ ~ t 69 b b b + 2 q 3~. 6 ~ 2 w ~ h° • . Q~6~~68,~6 ~~A ~ L8 N 02°30'00" W D 1 ~ ~ + II ~ ~ Conc. Curb T ~ ~ a s ~ X68, 7. b a b (Yp) '1' ~ be b e ~6 . qs•, Canc. 5/W~~ b <d a .b .a ~ ( } 67 53 ~ I I bb. b I b . 133.5' : ~ ~ I I , 4 I n I o „ ~ ° ~ II ~ _ I - » s I ~ ~ 1 > I I ~ __j__-_ a ~ p ~ ~ ~ ~`Z~ b~~36 _ \ o ~ b. I I b. I b a ~ • 67,14 + FII 22_ -1-- ~ • ~ I b q ~o~~~ ~ I ~ ~ I b I a . . g II ~ 5 13 . • u~' ~ ~ ~ ~ ~ a II I I b' 6 ~ a I o ~ II 0 b• o h' b + b 1• '1' 0. 67.1 o ~ b - b - a o a 36 ~ I~ I + _ . `0 ~ . „'S 'off b ~G~2 I lCJ ~ + ~ ~ 2 . I ~ ~ 10 ti t~f I ati 3 1 ~ ~ ~ / ~ ~ b . b~, b ~ 2a II 1• o i b ~ ~ ~ ~ ~ . I ~ b FOP 1 yg" , ~ I ~ 11 I ' r~ b• 11 ~o b b• y 1 0• ~ rn ~ ~ o 3 0 4 ~ ~ ~ . h~ Ib 1~ I . ~ Ie6 . - ~ z" 1 I 1.. . ~ L2 i ~ A~4 ~ H X1721 ~ ~ ~ 6 6 ~ y , . _ li I J • ~ II . » ~ STORY ~ I •I ~ o ~ 6 1 .Curb 2 o Conw. ~ 1 ~ > > 2 o 2 3 b1 II I a I ~ n °3 1 Al ~ • cA b~ b~ b~ ~ ~q ~ ° I ~ b \ o 4I I ~ I . ASONRY~ J ~,L I oa w M ~ h `1~ I ~I ~w ~ 4 I ~ !n ress E ress Easement as er OR Book 4193 Page 1239 ~ b~ h~ ~ • COMMERCIAL ~ 1~ ~ ~ ~ `b. ' ~5~ w ~ • cn - ~ ~ b b . b a b 0 0 ti b » ~ -I ~ b ~ b b b b 1 2 Q ~BLDG~ ~ ~ ~o,b~~o,I aw w b I b b > I LF ~J LFE=.68.45 II I ~ ~ ,1 b I I I q ' ~ T I s II I Conc, Curb( YP•) v, ti ~ I m o Conc. Curb(Typ.) q II I . ~ _ n ~ I . 1 b~ ~ b 0 b b b bb ~ ~ b~' 1+ k 2 1 I ~ b• b b \ Fil i a_ . 3 b ; b 67,50 + ' I ~ 2 ~ - + II - . bb° I° ,I F ~ . . ' I ~ Plt TAB ~ II Water Mam Ib'1 b h ~ h ~ u1 ° ~ ~ off. ~ = 6. 4 NA VD 1988 ~ ~ I I ~ 6,08 b1 67 EL 6 6 , ~ tiYO . 66 ~ I . . . Cp ~ . Traffic ~ ~ II ti, 6 ° ~ ; ~ ~ ~ 2 ~ 9) , o o, Poles Si nal Box ° - - , ti ~ b 'l , I I ° a Auto Sprk. 6' ~ o b' ~ ~ ~ b2. a tib II ~ 6~ 61 ~ b• bb bb b ~ 0`0 ,65 II b C.B.S.:. ~ 2~'~2 ~ k } o- I I m . h' k b a 3 b .....I. b 6 ~ p ~6 + ~ 1~ Il 4 ~ ba 5,52 b'I b 66.64 67.4 b ' ` 'l . , ,I boo ti ~ b. 6,~ h 66. ~2 I > . . 2 b 6 b 58 b + 1 Dum ster Pad b b a b• I I b • b• s6 ~ , ' ~ P _ 4 I~.I b 1 b~ 2~ ~ b b ~ti 1 I `0 ° . N I ° Z~ -P I ~ . ~ m b b' b~ b' b' b' ~ m b'1 ~ ~ _ + b G.I. b b b b GRA TE EL 66.30 ~ ~ , ~ . cn _ + I o, R1M EL--64,.17 o o o 0 1• +b ~ ~ Poles A3. Z 6 + ~ 6 1= I ~ ? ~h------3---_---h~-------~ - b• ~ tib b . 'Metal Stc b 2 b• GRATE EL-66.33 bb b• b b G.f. + F~oles „ ~ 'oA ° . + + b RIM EL = 67, 88 b3 , zg , 6 etal; Stairs 644~d °~~c~e~ol ~'~Pole. ~4~ C~~c g~ 4 8A~ - ~~ti bbti ~ s I ~ a 6a~g ~ a4 . Conc, M o~ ATE~~EL-64,20 i . I • I cn E ~ ~ . , ~ ~ LP ,74 ~ Pol s ° i~' ~ LG.I. 4 ~ ~ I ~ ~ b• ° _ ~ n 4 bb bb Conc, Curb T ~ b Poles `0` 3 ~ ~ \ ( YP) 7 onc, ~ ~ ~ M ~'~.5' Guardsc .5' G_uardsaile~'"~°` ~ _ ° '~4s~~ ~°,~~.~`c~~~,16 6'' ~~i i ~ I I ~ ° M~ ° 0 ~ o rn m C 67,1 ~ !1 ~ o '.b~, _ v ~ k ~ 1 Z ~ 7,63 ~ I ~ : a, ~ ~ ~ ~ ~ ~ • \ w Blocl< Wall ~ 6~ 1 b b 6 Retaining • ~ ~ti~ ~ Wall ~ k~ 1 . ~ ~p 0~ ~ o?' q,~ 1h2 ° Relaining~ ti 1 ° ~ ~'1 6 ~ a 2 w~ ati ~ b '.6 • • ` ~ 67-' b ccD b3o w n 6 6~ bb' w 'L ~ ti X12 6,78 .8,5 6 ~ o°o rnb` 5~ '1 1 67,26 ti 2 N (O Si 0 ~ , OJT •~=1 / 4 p ~ ~b~ , •~r 6s ~ti ~ - A I , GRAPHIC SCALE N - - - ~ - b ~ !1 II M a ~ ____-_h•--- 67 ~ ~ ~.__`_6~_ ~ 8~ 67. ~ x67;2- 67.1x ~ x67,2__- b ~~6 .3 ? 4 6~' G.I. • b 8 - G.I.-~`` ~ ~ ~ 3.5' Guardrai ~ ~ w ~ • b ~ ;4 6q +o o ~o so +o ~ ~ao .5 Conc. Cur ~ t- - a ~ - - 3 h > > ~ ~ 0. 3 ; w s GRA TE EL 'GRATE EL=66.4p 6j- ~ 9 MES~~o`~~~ 6 ~ I I 1 ~ _o _-9 _ ~--'9 `~---c'- -~o.._..-__ ~0_~._6 _ ~s b~n i n'~ Conc, Curb TYI nc. Curb(7yp.} ~•c'6 , I I ~ ~ ~ ~ 6~ k R inin Woll b5 tD o - b .S 1 Conc. Bloc eta g C/S for Elec. Box , 2 , b " , 2 + • 6 ,I 12 (IN FEET) Z 6•' With 3.5 Guardrail ~ \ ~2 1~ • ~ 1 roan = 20 fit, LY W > ' cn - o Z Z ~~o +b`0 k off. 1E-61.46 ~~,.bh.i h•5p3 b~ S 6~~ ~ b• b 5» o,~° r~ o I 6 Q ~ 64 b~ - ~ FCIR 5/8 „ P ~ b ~ e~~b + o0 1 I . I I ~ a. o` 64 ~ ~3 gb b ~ Ujq ~ by ~ ~ 3; 1 ~ b 3• PLS 2865 b' o m +b b + + + + + + + + _ - - 67.30 ~ ~ 1 I ®RIGINAL a, N N 1760 2 rh•bh• ~ ~ b~ ~ ~ ' tx ~ I I RECEIVED $ o oa 10 Easement pR Book 4324•, Page b b1 b ~ I ~ G.I~ RA ~o _ a ~ ~ G.1-C~RA TE~EL = 65.87..- ~o I I LEGEND ~C~ 2 7 20D~ W~ ~ h• 4 12'%z»a6 5 FCIR 1/2„ z ~ ~ o°" '~,o ~ 0o I KEY EL 6.3 39 0. + 6 + ~~,0~-`~ - _ - -5" ~ 5" ~'~i~" ~ LB 2610 PIANNII~C~I)Er~W~YIVdEN1 i'~ 4 » 4 S' . i / - ¢ ,/4ti, 5. M ;;,~k-- 7 ~ , = ~ / 1 ~ 6~ 1 4 ' l I ~ ~ EXISTING TREE TO BE REMOVED CITY OF CLEARW~eTER N N c a n~ ,1 ~ ~ ~ ~ h , . ~ ~ „ _ 4 „ ~ , _ g `L „ ~ ~ • ~ • • PROJECT BOUNDARY a ~ b L -I- lr » / ~ ~ 93" 2201 coo 1 ~ ° ~ ,a.z ~ _ ,hp~ U7 , PROJECT AREA m ~ 10 /11, o~ 1 U ~~j f 9 " ~ ~ ' 1 ' Q> 0 ~ „ » 0~( 4~ PROJECT 503.06 m/ I ~ ~ FIR 5 8 6 1Q ' 14 ~ - / A 10 ~J 1 0" 1~' 14,,.Ok~15"-650_ ~o~~c,~+`°~•~„ +0`0• ~4 ~6 20h~ ~h•15»a`64 4 ~ _ „ lS '6~ I ORGINAL DATE: 07.07.06 / O 12'11 m so Cb ~9 4i °s b CHECKER BY: KEZ 64,94 DRAWN BY: lb lb of ~ + 6S\ 6 65.02 SHEET NO. 1 lb (oco. 51~ E ~`1 rn , 1 OF 7 c 0 - Q j SECTION 14, TWP, 29 S.,' RGE. 15 E~ PINELLAS COUNTY, FLORIDA LEGAL DESCRIPTION: The North 342.0 feet of TRACT "A", a REPEAT OF BLOCK "D" of SUBURB BEAUTIFUL, as recorded in Plat Book 19, page 100, of the Public Records of Pinellas County, Florida. LESS the North 150.0 feet of the West 150.0 feet thereof; ~ . ~ AND ALSO LESS the South 60.0. feet of the West 282.12 feet m a , ~ •Conc. Median y , . • Conc. Curb(T YP Detoil thereof. o z 100 R W _ . ' r 1 4 Gutte .5' Curb (.4' Rise) l ~ more commonly known as t 1 GRAPHIC SCALE Troffic Signor Box t f 1721 Gulf to Bay Boulevard ~ o ,5 3a 60 Conc. Curb(Typ.) Conc. Curb(Typ.) ~ ~ `Storm ' ,N 89 5612 E(M) . ~ - - .281.74 (M) Clearwater, Florida MH. N 90'00'00„ E R , Conc. Apron:. • : ...281.98' R • O , • `5' CaoC. S/W 4 : : ~ o' ' SET PK&DISC DISC .5 Conc. Curb PLS 2865 FCIR61 /20" Water Vol es si :865 LB 96 Entrance Sign u ( IN FEET ) roe SURVEY SUBJECT TO THE FOLLOWING: 1 inch = 30 ft. Conc. Curb(Typ.) I I Moin Sign Lod. LP 1. UTILITY EASEMENT AS PER O.R. BOOK 4324, PAGE 1760, LP ~ PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. . Z Z Conc. Curb(Typ.) . (BLANKET EASEMENT) O O Asphalt N ~ • N W _ G.I. V, O 2. WATER MAIN & INGRESS/EGRESS EASEMENT AS PER O.R. G.I. ~ CA O ~ BOOK 8887, PAGE 2139, PUBLIC RECORDS OF PINELLAS :n ~ ~ Conc. urb(T a ' ~ . o COUNTY, FLORIDA. .o . U r ~ L ~ ~ ~ ~ ~ ~ L. L = n n v ~ U LP : LP oc c . 3. INGRESS/EGRESS EASEMENT AS PER O.R. BOOK 4193, PAGE .a ~ •0 . a9' Conc. S/W .:•Cleonout.' . y', Cleanout' , ~ ~ 1 r 1238, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ° C a N 133.5' cn ~ 0.7 - ~ 0 o N ci? ~ I-- u, ~ ~ o O Q ~ ~ ~ o o W W o 0 m ~ Op N O O ~ ~ _ 3 ~ ~ ~ t~ M m o~ ~ ~ ~ ~ ' A ° N 89'57'09" W M 150.19' M o Typical Bay ~ a O O ~ P ~ \ ' N 90'00'00" E R 150.14` R F Detail ~ ~ ` PP FOP 1" ( ) ( ) FOP 1" ~ ~ ~ to < LP# Conc: Curb T 0D 1721 ~ - ~ o 1 STOR'~ 0 Ol F I r r n er R k 41 P 1 m MASON ng ess/Eg ess Easeme t as p 0 Boo 93 oge 239 , J ~ 5 N 0.7 ~ 'lAL / COMMERG # W o ~ ~ 0.7 BLDG. 3 ~ ~ LEGEND 0 A Q ` ~ P.O.C. =Point of Commencement F.LR. =Found Iron Rod & Ca D/W =Driveway ~ \ / p M.O.L. =More or Less P.0.6. =Point of Beginning F.P.P. Found Pinched Pipe n ~ O O / c N N p p (D) =Data per Description F.O.P. =Found Open Pipe & Cop =Plus or Minus (more or less} (W W m O N _ o ~ (M) =Measured Doto P.C.P; =Permanent Control Point Ac. =Acres (C) =Calculated Data F.C.M, =Found Concrete Monument C.P.B. =Condominium Plat Book ' 1 1 r T " O N Conc. C b( yp•) ~ O pp • ~ FH m 3 PG.(s) = Poge (s) S.I.R. =Set Iron. & Cap L.S. # 2865 D.B. =Deed Book Traffic - ; .p . - U'i ~ I O.R. =Official Record Book LB =Corporate Certificate Number PP =Power Pole ~ Signor Box to m ~o Water Main ; ~ 'Poles ~ W W " r. r. LP V' ' I Auto Sprk, .p •P A I P.B. =Plat Book P.L.S. =Professional Land Surveyor WV =Water Valve ~ ' (R) =Record C.S. =Concrete Slob SSMH =Sanitary Sewer Manhole . Storm . ~ u ,p ; 'c' c C.B.S. ~ LP 0.7 N N ~ MH Go ~o W W o o ; R = Radius CONC. =Concrete FPMH =Florida Power Co. Monhole { ~Wa: W N ~ . F ; I ~ =Delta Angle S/W =Sidewalk Pkg. =Parking .a ; ~ C =Top of Curb ~ =Centerline L/P =Light Pole J ~ N v~ O ~ I ~ o W a? G.I. Oum is er Pod _..o - W ' I ~ E =Edge of Pavement R/W =Right-of-Way OHW =Overhead Wires CIP =Cast Iron Pipe N/C = No Cap FH =Fire Hydrant P ~ . p ~ ~ ~ Poles 133.5 a o SMH =Storm Sewer Monhole C.B.S. =Concrete Block Structure LA =Landscape Area =o ~ ~ G.I. ''P I \ '.Metal Stoirs • etal, Stairs ~ ~ o es o m Canc. ° ;:Pole. ''rt': ' _ . Conc.• `'~Co G ' • ~ I M.E.S. =Mitered End Section G.E. _ Grate Elevation C/C =Covered Concrete. ~ ~ \ .Poles a . n'.'... V O , ,1 T.O.B. =Top of Bonk G.I. =Grate Inlet EI =Elevation o T.O.S. =Toe of Slope I.E. =Invert Elevation RCP _ Corrugated Metal Pipe Poles \ \ ' ; . 3.5 Gu v' .T Conc. G =Gutter WM =Water Meter Reinforced Concrete Pipe 1' Conc. Block Retoining Woll + TOB ~ Conc. Curb(Typ.) ,Block Wall a - DSIdHm MH =Manhole MP =Metal Pipe GV =Gate Valve o C/S for Elec. Box 3.5' Guordroil 'J', n FIR 1 2" 3.5' Guordroil LP - GA =Guy Anchor PB Po = Power Box TB =Tile Basin ~ G.I. \ TO o \ pp - 1' Conc. Block Retoin»nq Woll ~10' Easement OR Book 4324, Page 1760 pp 282 39' R _ pp 0.53 SIR \ E PP .~'~PO =Spot Elevation LP =Light Pole PP. i ~ ( ~ - o f N 90 00 00 E(R) Flared End Section 282.1 T M z z / ~ ~ „ ( ) S 89'55 33 E(M) / `1 6 ~~ON O 0 N , ~ ! i W p p ~ Conc. Curb(Typ.) ! O / I ~'I cD 01 •P O - / / vO ~ ~ G.I. LP ~ ,i'i a 1 I I ~ ~ ` .,,T~,,. TOB PP I f I PP FIR 5/8" N ' " 14 ' FCIR 1/2" 90 00 00 E(R) 9 3 (R) „ LB 2610 FLOOD STATEMENT: N 89'58 50 E(M) 149.95 (M) THIS STRUCTURE APPEARS TO BE IN FLOOD ZONE "X", ACCORDING TO THE FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 125096 0109G MAP REVISED DATE SEPTEMBER 3, 2003, PROVIDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. SURVEYOR'S CERTIFICATION I, DENNIS J. EYRE, THE SURVEYOR IN RESPONSIBLE CHARGE, HEREBYy CER?iF'Y ~1~HAj ' - THE SURVEY REPRESENTED HEREON AND THAT SAID ABOVE GROU;PIi~aURVEY M'JD~h~rT~CH CERTIFIED T0: ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF, eil` '0,~9•IER °cfRJIF , THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDAR b S2CTION -472 02J P 8 P OF CLEARWATER, LLC FLORIDA STATUTES (OR RULE CHAPTER b1Gi7--6.., F.A.C.) QS~`~ Y ~o AUD ~ . MADISON BANK UNLESS SEALED WITH AN EMBOSSED SEAL. ° ~ ~ ly ~ ~ r RICHARDS, GILKEY, FITE, SLAUGHTER, PRATESI & WARD, P.A. ~ ; ! OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ° y ~ ~ ` ~ p~ , , ' ~A~ ~ ~ ~ a ~ ~ ~ ,,~.x1,; DENNIS J. EYRE, P Nofr,~2~~ , ° ~ : r' Ju 1, ~ DATE: • ~ ~ ,oii~ ORA{MV BY.• J.S.B. DATE.• June 29 & 30, 2003 GEODATA SYSTEMS INC. 1 52~~ flG?~lAl CT CI IITC S? R' IVLL VI\LYY JI. JVIIL U CHECKED 8Y- D.J.E. DRAWING NO.: CLEARWATER, FL 33765 PHONE: (727) 734-0929 JOB NO.: 3421 SHEET 1 OF 1 RECEIVED MG 08 2006 PLANNING DEPARTMENT CITY OF CLEARWATER ,,;y ;i w 1 w i ~~gq5, T f ! ~d' t }I d ~ ' ~ ~ ~ ~ 1 ~ r ~ ~c r~ ~ • ~ are w f 4 ~ p ~ M + i ~ ? Y i ' . ).Y ,,1'a I. .'r :,y.i~'. i +F I~~~S.. 4 N ^rl• t\ rMl ~ F. ..~f'! • "\''rrti • ~ 'eK!~Nwu~::'RW.nw..Y.w:,!.i.wv!w..,.~ 1'f. .5., .~v: ..r.. f' .~i A:~. f>:' ,o + .:i ~'i.': 3F` .Ifj.e .:iP!i i~ F r'`~ ' .;a A''•e ~•E.,~.:~v:. y t.: ;iy,.,.. f '!'I. r 1. Y? ~•A~ ~J,1, . ~i+ ~ s l:' ~f~~ :~IV" -tt'~ ,e; . i:~' :~1'• ' J a ~ i A 'T ~ :~`i+: •:4r'. nrf,'i'rn. i;.:!,k•~, e e•''::'''-;::;'",:.. w';ti:' •.ti.: .k1, i~"1? ^ ~ t w i vl~•l''~~ y v:r :~i1;; .-~r ryvl:., r i~" .;;,j,0. i~•ix. f ~ ~ . ; ,Y 1 ~.c', ,,i, f .:R~~ , i. ~u~~~~ ~~~e~ ~ r ~;5 , ~,.1~. <'i, s ~x~~~a~'a~s: ~n~he~c S~rc~a ~in~~~ ~ why^:~ .u^. ' i e.j~~' ri ~yi.. a, Y~.~: '1t' !'1 ~ 4'• •'i ' I •A~r stir 1 i>'^i~~ ~.;P; p' + !..1. 1 :1 '•y.. 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