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DVA2010-06001; 3400 GULF TO BAY BLVD; CLEARWATER CHRISTIAN COLLEGE (2)M? DVA2010-06001 3400 GULF TO BAY BLVD Date Received: 6/1/2010 11:40:10 AM Clearwater Christian College ZONING DISTRICT: LAND USE: ATLAS PAGE: 292B PLANNER OF RECORD: LLK PLANNER: Lauren Matzke, Planner 111 ,,,A CDB Meeting Date: October 19, 2010 Case Number: DVA2010-06001 (Related to LUZ2010-06002) Agenda Item: E3 (Related to E2) Owners/Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP Addresses: 3400 Gulf-to-Bay Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to City Council, for an amended Development Agreement between Clearwater Christian College Private School, Inc. (property owner) and the City of Clearwater previously approved by City Council on August 5, 2010 to revise the master plan boundaries consistent with the Pinellas Planning Council's Alternative Compromise Recommendation accepted by City Council on October 5, 2010. CURRENT/PROPOSED Current: Institutional (I), Commercial (C), Open ZONING DISTRICTS: Space/Recreation (OS/R), Low Density Residential (LDR) and Preservation (P) Districts Proposed: Institutional (I), Open Space/Recreation (OS/R), and Preservation (P) CURRENT/PROPOSED Current: Institutional (I), Commercial General (CG), FUTURE LAND USE MAP Preservation (P), Recreation/Open Space (R/OS), CATEGORIES: Residential Low (RL), and Water/Drainage Feature Proposed: Institutional (I), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature PROPERTY USE: Current: Educational Facilities Proposed: Educational Facilities up to 170,000 square feet of nonresidential floor area (0.169 Floor Area Ratio) and up to 750 Dormitory Beds/Residents (12.5 dwelling units per acre) at a maximum height of 50 feet EXISTING North: Preservation (P) and Open Space/Recreation (OS/R) SURROUNDING ZONING Districts AND USES: Open Space and Wetlands South: Preservation (P) and Open Space/Recreation (OS/R) Districts Tourist Information, Causeway and Tampa Bay East: Preservation (P) and Open Space/Recreation (OS/R) Open Space and Tampa Bay West: Low Medium Density Residential (LMDR), Medium Density Residential (MDR), Mobile Home Park (MHP), and Commercial (C) Residential uses, Governmental use, and Vacant Community Development Board - October 19, 2010 DVA2010-06001 - Page 1 of 4 ANALYSIS: Site Location and Existing Conditions: The 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard. The subject property is developed with the Clearwater Christian College. The subject property has approximately 1,440 feet of frontage along Gulf-to-Bay Boulevard adjacent to Florida Department of Transportation (FDOT) right-of-way and approximately 1,670 feet of frontage along Bayshore Boulevard. Properties to the north and east of the subject property are zoned Preservation (P) and Open Space/Recreation (OS/R) districts and are primarily wetlands and open space comprising Coopers Bayou and Tampa Bay. Properties to the south are zoned Open Space/Recreation (OS/R) and Preservation (P) districts. This land includes the Clearwater Visitors Center, the Courtney Campbell Causeway (Gulf-to- Bay Boulevard) and associated FDOT right-of-way. Across Gulf-to-Bay Boulevard is Tampa Bay. The adjacent property to the southwest is zoned Commercial (C) District. One lot is developed with a FDOT office, and the others are vacant. Properties to the west across Bayshore Boulevard are zoned Low Medium Density Residential (LMDR), Medium Density Residential (MDR), and Mobile Home Park (MHP) Districts and are developed with attached and detached dwellings. Development Proposal: There is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), Low Density Residential (LDR) and Preservation (P) districts to Institutional (1), Open Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002). This Future Land Use Map amendment would expand the portion of the property designated Institutional (1) and appropriately designate areas within the College property where the future land use designation and zoning are inconsistent with the surrounding areas or the actual use of the property. The amended development proposal divides the subject site into two areas, a Master Plan Area (28.55 acres) and a Mitigation Area (102.5 acres). The Master Plan Area consists of the proposed Institutional (I), Preservation (P) and Recreation/Open Space (R/OS) land use designations. Development would be concentrated within the proposed Institutional (I) area and shall be in substantial conformance with the proposed Master Plan. The Master Plan depicts proposed locations for reconfigured parking as well as expansion of the college's residential dormitories and administrative space. The Mitigation Area would be designated Preservation (P), Water/Drainage Feature, and Recreation/Open Space (R/OS ) on the Future Land Use Map. There would be no development potential within the Mitigation Area because of a conservation easement, to be granted in perpetuity, and the transfer of development rights from these Preservation (P) lands to the proposed Institutional (1) area. Development Agreement: The reason for the amended Development Agreement is proposed modifications to the companion application to amend the Future Land Use Map categories and Zoning Atlas designations as the result of an alternative compromise recommendation from the Pinellas Planning Council, which reduces the scope of the proposed amendments. As a result of this change in circumstances, revisions to the Development Agreement were necessary. Community Development Board - October 19, 2010 DVA2010-06001 - Page 2 of 4 The proposed Development Agreement amends the Development Agreement between Clearwater Christian College Private School, Inc. and the City of Clearwater previously approved by City Council on August 5, 2010 to revise the master plan boundaries consistent with the Pinellas Planning Council's Alternative Compromise Recommendation accepted by City Council on October 5, 2010, and includes the following main provisions: ? Replaces Exhibit A (Legal Description of the Master Plan Area and Mitigation Area), Exhibit B (Master Plan), and Exhibit D (Project Future Land Use and Zoning Maps), to reflect contracted boundaries for the proposed Institutional (I) area, consistent with the companion Future Land Use Map amendment and rezoning (LUZ2010-06002). The revised Master Plan Area would be reduced from 32.06 acres (originally proposed) to 28.55 acres of land, and the revised Mitigation Area would increase from 98.99 acres (originally proposed) to 102.5 acres of land. Section 4.2 is revised reducing the number of parking spaces shown on the Master Plan. ? Revises Exhibit C, Mitigation Narrative, to clarify where impacts would occur because of development. Language is also amended in order to adjust the time frame in which the Mitigation Bank application must be submitted such that it would follow the approval of the amended Development Agreement. Additional language is removed from a list of possible mitigation activities allowable, to ensure that provisions elsewhere in the Mitigation Plan requiring upgrades to the entire site's stormwater facilities within the Master Plan Area are absolutely required. ? Adds a new Section 6.1.3.9, recognizing that a transfer of development rights will occur, in accordance to provisions in the Code. Revises Sections 4.3 and 6.1.3.5 to incorporate references to the new Section 6.1.3.9 and revises the maximum FAR from 0.149 to 0.169 to reflect the contracted boundaries for the proposed Institutional (I) area as a result of the alternative compromise recommendation from the Pinellas Planning Council. ? Revises Section 6.1.3.6 to remove reference to the Tampa Bay Regional Planning Council, and to add language requiring evacuation of all persons except emergency personnel after the issuance of a hurricane watch by the National Hurricane Center. ? Revises Section 5.2 to allow for two extensions of time of up to 12 months each, if requested by the Developer, for the completion of the final approval of the amended Future Land Use Map, the amendment of the Zoning Atlas to reflect the desired designations, and the final approval by the appropriate local, state and federal permitting agencies of the proposed jurisdictional line as shown on the revised Master Plan. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the original application and supporting materials at its meeting of July 1, 2010, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB). Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, fords that there is substantial competent evidence to support the following findings of fact and conclusions of law: 1. That the 131.05-acre site is located on the north side of Gulf-to-Bay Boulevard east of Bayshore Boulevard; 2. That there is a companion application to amend the Future Land Use Map categories for the subject properties from Institutional (1), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water/Drainage Feature categories to Institutional (I), Community Development Board - October 19, 2010 DVA2010-06001 - Page 3 of 4 Preservation (P), Recreation/Open Space (R/OS), and Water/Drainage Feature categories, and to rezone this area from Institutional (I), Commercial (C), Open Space/Recreation (OS/R), Low Density Residential (LDR) and Preservation (P) districts to Institutional (1), Open Space/Recreation (OS/R), and Preservation (P) districts (LUZ2010-06002); 3. That the CDB originally approved this project on August 3, 2010, under Case DVA2010-06001; 4. That this companion application has been modified from the original application, consistent with the alternative compromise recommendation from the Pinellas Planning Council, reducing the scope of the proposed amendments; 5. That the proposal is to amend the Master Plan and Mitigation Plan for the Clearwater Christian College, consistent with the companion application; and 6. That the proposal allows for the use of transfer of development rights to be used in connection with the development of the Master Plan Area. Conclusions of Law: 1. That the Development Agreement implements and formalizes the requirements for the related site plan proposal (FLD2010-06001); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; and 3. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to the City Council, of an amended Development Agreement between Clearwater Christian College Private School, Inc. (property owner) and the City of Clearwater previously approved by City Council on August 5, 2010 for the property at 3400 Gulf-to-Bay Boulevard. Prepared by Planning Department Staff: LUM&AO& 1-1 Lauren K. Matzke, ICP, Tanner III ATTACHMENTS: ? Development Agreement with Exhibits (strikethrough) ? Development Agreement as amended ? Staff Resume ? Location Map ? Aerial Map ? Current Future Land Use Map ? Proposed Future Land Use Map (Original) ? Proposed Future Land Use Map (Alternative Compromise) ? Current Zoning Map ? Proposed Zoning Map (Original) ? Proposed Zoning Map (Alternative Compromise) ? Existing Surrounding Uses Map S: (Planning DepartmentlC D BOevelopment Agreements (DVA)OVA2010-06001 -Gulf to Bay 3400(1+ P)2010.07- Approved - LKMI1 st Amendment October 20101Gu1f to Bay 3400 DVA Updated Sta„ 'Report for 101910 CDB.docx Community Development Board - October 19, 2010 DVA2010-06001 - Page 4 of 4 This instrument was prepared by and return to: Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into among CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation, its successors and assigns (collectively the "Developer"), whose address is 3400 Gulf-to-Bay Boulevard, Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (the "City"), whose address is 112 South Osceola Avenue, Clearwater, Florida 33756. WITNESSETH: WHEREAS, the City and Developer entered into a Development Agreement, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida ("Agreement") concerning 131.05 acres of property more particularly described therein (the "Property"); WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not be effective until final approval and effectiveness of certain zoning designations and future land use map designations for the Property; WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a Conservation Easement; WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be developed in substantial conformance with a Master Plan; WHEREAS, during the approval process, the proposed area of the land use plan and zoning changes was modified, which resulted in changes to the Mitigation Area, the Master Plan Area, the Master Plan and the proposed conservation easement area; WHEREAS, the parties have agreed to certain revisions to the Agreement to incorporate these changes; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et seq. Fla Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Amendment the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on October 21, 2010, the City Council approved this Amendment, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Amendment and has duly authorized the undersigned individual to execute this Amendment on Developer's behalf; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and are a part of this Agreement. Section 2. Capitalized Terms. Capitalized terms used herein that are not defined shall have the same meanings given to such terms in the Agreement. Section 3. Amendment to Agreement. The Agreement is amended as follows: 3.1 All references in the Agreement to the Mitigation Area shall refer to 102.5 acres. 3.2 Notwithstanding any references in the Agreement to the contrary, the Developer has requested a future land use map amendment resulting in a change of approximately 12.99 acres m.o.l. of the Property. 3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and Mitigation Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to this Amendment. 3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with the "Revised Exhibit B" attached to this Amendment. 3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced with the "Revised Exhibit C" attached to this Amendment. 3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment. 3.7 Section 4.2 of the Agreement is hereby amended to read: 2 The Project shall include Ci67 parking spaces, as shown on the Master Plan attached where 386 are existing today. 3.8 Section 4.3 of the Agreement is hereby amended to read: The proposed floor area ratio on the Master Plan Area shall not exceed .169-44-9 nonresidential area and the proposed density shall not exceed 750 dormitory beds, ,? . 4 ;' ': -',a pt A including use u1 the multiplier of 3 beds per unit ("Residential Equivalent Use") aril the tr lfifer o _ ci veld e t rig ts: describes in Section 6.1.3.9 of this Agreejiient. The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed deer=cierelc meat on the Mitigation Plan Area. 3.9 Section 6.1.3.5 of the Agreement is hereby amended to read: The residential density shall be limited to 750 beds, tt se ? ' s-m : e :aln it • _ including the use of the Institutional density of 12.5 dwelling units per acre, the Resi. lent a _ ,Euuiv,1 t Use of 3 beds per drc lint pursuant to the Pinellas Planning Council Countywide Rules and the transfer of development ri x is 3escribe i in Section 6.1.3.} of this Agreem ent. 3.10 The following Section 6.1.3.9 is hereby added to the Agreement: 66.1.3.9 Dgycimper a?d C it ? sire to transfer develo :rm nt dg'hg c.oz1?Iarised_ f residentialµ dwelb units and n preside teal dens t c ,rrently floc atccl io ___. _ Division 14 Article 4 of the C leglatcr Cc?rrrnuz?itDevelopment Code. The Developer shall 4ulamit and the C:it shall process a licatics seekin a oval of such transfer of develo tri m„rinl l?, as re ui ed b fade (' i' R At ication" W In theevent._of any Code ,amendment ..wocc rn, o to submittal an _1i al ....... aunroval of the'1 DR_. A r,Aic>ation City a reel that the TDR _P° Master 3.11 Section 6.1.3.6 of the Agreement is hereby amended to read: 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater = r ?fi?F +-and included in it-stide evelo e-'s published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. Develorer agrees to close and vacate all persons except for cmr .nc- liersonnel. Center which ia?cludes the Property. All dormitory construction shall meet Florida Building Code standards for construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 3.12 Section 5.2 of the Agreement is hereby amended to read: 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (I4) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and Section 5.1.4 above, are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request an-two extensions of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months each. All tithe period.-, set forth in this Section 5 shall e automatical extended fora ,ericd e,#_time equal icy that required toto rsue any administrative challentre to or lit ation retarding any a proval by a local state or federal oerrrrn.ittzng,.a enc :,:_ ?ncludi? and ap ellate recd arising therefrom. Section 4. Ratification. Except as modified herein, the terms and conditions of the Agreement remain in full force and effect and are ratified by the parties. Section 5. Effective Date. As provided in §163.3234, Florida Statutes (2010), this Amendment will become effective after being recorded in the Public Records of Pinellas County, Florida, and 30 days after having been received by the state land planning agency. IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this _ day of , 2010. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2010, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public 5 Witnesses: CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation Signature Print name Signature Print name STATE OF FLORIDA ) COUNTY OF PINELLAS ) By: Richard Stratton President The foregoing instrument was acknowledged before me this - day of , 2010, by Richard Stratton, as President of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on behalf of the corporation. He 0 is personally known to me or O produced as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: #539448 v1 - CCC/I st Amend to Dev Agt 6 Revised Exff bit A Page 1 of 6 LEGENDIABBREWA77ONS LB = LICENSED BUSINESS R/W = RIGHT OF WAY PC/'P = PAGE ORB = OFFICIAL RECORDS BOOK Master Plan Area SKETCH AND LEGAL DESCRIPTION NORTH 0 200 400 -L -j GRAPHIC SCALE THIS SPACE RESERVED FOR RECORDING INFORMATION ? W 0 N 01 W 2 J ~ ? D N Q W U EASTERLY PROJECTION ui OF THE NORTHERLY LINE THE NORTH 1/2 OF THE NE 1/4 OF GOVT LOT 4 SEC 16, TWP 29 S. RGE 16 E RAD: 25.00' ARC: 37.46' C4 CH: 34.05' a CHB: S68'13'01"E a N 00' RAD: 25 DELTA: 85'51'05" w . ARC: 39.24' 34' 5 0 C3 . CH: 3 CHB: N19'53'43"E ?p0 3 r) DELTA: 89'56'13" C4 O 00 °o 00 C3 r? N 0 cn I 0 ' T 4 I ` GOVT LOT 3 GOVT L O G1 - ' 28.55 ACRES w 0 I = _ = MORE OR LESS ? Ia O ' a: RAD: 5475.83 ' I I mamma o P ? ARC: 150.00 J? EASTER C2 CH: 150.00' CHB: N83'22'38"E I0 I M? NOS ??P A I TRACT PER ORB 16135, PG 2664 1 DELTA: 01'34'10" ID I C2 L2 S52-3634"" 46' a11 w ' "I' GOVT LOT 1 a W Z Z a 2 OLD TAMPA BAY Ix 3 a w w 0 R/W STATE ROAD 60 RAD: 5525.83' GULF-TO-PBELL CAUSEWAY ARC: 151.37' COUR CAM C1 CH: 151.36' TNDVIS CAUSEWAY POINT OF BEGINNING L CHB: S83 22'38"W DELTA: 01'34'10" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Beath, FL 32117 ZZZ229009M LS #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 DEV AREA 28.55.DWG SHEET 1 OF 3 1" = 400' Revised Exhibit A Page 2 of 6 Revised Exhibit A Page 3 of 6 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN GOVERNMENT LOT 1, SECTION 15, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH. RANGE 16. EAST, AND THE NORTH 'j OF THE NORTHEAST 14 OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF OF STATE ROAD 60 (ALSO KNOWN ASE GULF-TO-BAY B CHRISTIAN OULEVARD, COURT EY CAM ELLL LANDS, CAUSEWAY AND DA S NORTHERLY CAUSEWAY) FOR ANE POINT OF BEGINNING; THENCE S82'3534 W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 828.46 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET. AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF S83-22.38V AND A CHORD DISTANCE OF 151.36 FEET TO A NON-TANGENT LINE; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16'W ALONG SAID LINE FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.83 FEET, AN ARC LENGTH OF 15D.00 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF N83 22'38'£ AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34"E FOR A DISTANCE OF 75.69 FEET; THENCE N18'2535"E FOR A DISTANCE OF 17.60 FEET; THENCE N66'10'36'W FOR A DISTANCE OF 11:75 FEET; THENCE N07'24'44'E FOR A DISTANCE OF 36.90 FEET; THENCE N27'46'29 E FOR A DISTANCE OF 34.57 FEET; THENCE N22'06'03'£ FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'£ FOR A DISTANCE OF 21.03 FEET; THENCE NDD'22'32'W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09"W FOR A DISTANCE OF 10.17 FEET; THENCE N09-14.50'W FOR A DISTANCE OF 49.43 FEET; THENCE N21'51'D4"W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36"W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE N03'51'29"E FOR A DISTANCE OF 38.04 FEET; THENCE N01'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.62 FEET; THENCE N02'01'50"E FOR A DISTANCE OF 6.68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET; THENCE N60'13'20"E FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06"W FOR A DISTANCE OF 13.11 FEET; THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET; THENCE N63'18'48'E FOR A DISTANCE OF 23.82 FEET; THENCE N53'55'07"E FOR A DISTANCE OF 49.94 FEET; THENCE NOO'16'34"W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26"E FOR A DISTANCE OF 180.68 FEET; THENCE NGO'16'34"W FOR A DISTANCE OF 107.99 FEET; THENCE N89'43'26"E FOR A DISTANCE OF 17.99 FEET; THENCE NOO'56'49"W FOR A DISTANCE OF 68.66 FEET; THENCE N14'00'29'W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'44"W FOR A DISTANCE OF 31.35 FEET; THENCE N25'04'24"W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A CENTRAL ANGLE OF 69'56'13, A CHORD BEARING OF N1953'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N64'51'49"E A DISTANCE OF 52.200EET;DITHENCE N63'49'38"E FOR A DISTANCE OF037.84OFEET; DITHENCE E 0OF 61.06 '22' 0"EEFOR A?DISTANCEDOF 92.52 R FEET; THENCE N68'51'27"E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF S68'13'01'E AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'28'E FOR A DISTANCE OF 63.57 FEET; THENCE N36'18'39'£ FOR A DISTANCE OF 40.81 FEET; THENCE N2955'15'E FOR A DISTANCE OF 19.77 FEET; THENCE N66'58'31"E FOR A DISTANCE OF 18.51 FEET; THENCE S85'43'35'£ FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13"E FOR A DISTANCE OF 24.66 FEET; THENCE N52'06'00"E FOR A DISTANCE OF 30.63 FEET; THENCE S89"49'20"E FOR A DISTANCE OF 204.74 FEET; THENCE N62'13'50'£ FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45'36"W FOR A DISTANCE OF 36.60 FEET; THENCE S85'40'57"W FOR A DISTANCE OF 47.45 FEET; THENCE N42'47'16"W FOR A DISTANCE OF 17.54 FEET; THENCE N21'20'23"E FOR A DISTANCE OF 11.80 FEET; THENCE N89'08'03'E FOR A DISTANCE OF 23.76 FEET; THENCE N47'26'36"E FOR A DISTANCE OF 9.50 FEET; THENCE N06'22'13"E FOR A DISTANCE OF 27.47 FEET; THENCE N78'25'27'£ FOR A DISTANCE OF 22.62 FEET, THENCE N46'51'13"E FOR A DISTANCE. OF 14.18 FEET; THENCE S4955'47^E FOR A DISTANCE OF 20.43 FEET; THENCE S2346'33 E FOR A DISTANCE OF 25.83 FEET; THENCE N71'05'46'£ FOR A DISTANCE OF 56.43 FEET; THENCE S3B'52'30"E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'16'E FOR A DISTANCE OF 24.28 FEET; THENCE N33`07'17 "E FOR A DISTANCE OF 24.29 FEET; THENCE 569'05'02'£ FOR A DISTANCE OF 28.70 FEET; THENCE S24'08'40"E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44"E FOR A DISTANCE OF 8.64 FEET; THENCE S87'50'35"W FOR A DISTANCE OF 11.51 FEET; THENCE S26'48'43"W FOR A DISTANCE OF 19.46 FEET; THENCE S23-25.49-W FOR A DISTANCE OF 19.13 FEET; THENCE S11'2343'E FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'46"E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36'E FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16. TOWNSHIP 29 SOUTH, RANGE 16 EAST: THENCE S00'00'00"W ALONG SAID SECTION LINE FOR A DISTANCE OF 279.89 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE T 4 FOR A D ALONG DEPARTING OF 524.51 FEET TO THE DEEP WATER CHANNEL OF TAMPA BAY; THENCEER DEPARTING SAID EASTERLY GOVERNMENT FEET; 2) THENCE 544'38'51'W SAID CHANNEL THE FOLLOWING TO THE COURSES; AFOREMENTIONED THENCE POINT OF 4 BEGINNING OF DISTANCE THIS C DESCRIPTION, FOR A DISTANCE OF 90.6 FEET THE ABOVE DESCRIBED PARCEL CONTAINS 28.55 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER 5J-17.050 THRU 17.052, FLORIDA ADMINISTRA77VE CODE. KENNETH J. KUHAR FLORIDA PROFESSIONAL SURVEYOR/MAPPER 16105 WADE TRIM SKETCH & DESCRIPTION IN CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Beoch, FL 32117 ZZZ229009M LB #2232 #7565 Phone: 386-274-1600 Fox: 386-274-1602 DEV AREA 28.55.DWG SHEET 3 OF 3 KJK Revised Exhibit A Page 4 of 6 NORTH 0 200 400 GRAPHIC SCALE S52'41'38"W 97.82' N89'32'51"W 81,65' Mitigation Area SKETCH AND LEGENDIABBREVLAnONS LEGAL DESCRIPTION LB = LICENSED BUSINESS R/W = RIGHT OF WAY PG/P = PAGE THIS SPACE RESERVED FOR ORB = OFFICIAL RECORDS BOOK RECORDING INFORMATION S52'42'01 "W CS RAD: 41B.31' 73.01' ARC: 208.37' NORTH LINE OF SEC 16-T29S-R16E N89'32'51"W 2136.42' w io tr CH: 206.22 w CHB: S38'25'25"W DELTA: 28'32'27" THE NORTH 1/2 OF THE NE 1/4 o P'R N 'n F C6 TWP 29 S, RGE 16 E o ao SEC 16 RAD: 268.31' , o ARC: 243.90' Z L) CH: 235.59' w CHB: S26'39'08"W w DELTA: 52'04'59" 10250 A CRES 0 MORE OR LESS RAD: 25.00' ARC: 37.46' J C4 CH: 34.05' F' CHB: 568'13'01 "E W ° 00' RAD: 25 DELTA: 85'51'05" 3 . ARC: 39.24' ` L1 34' 5 0 U o m C3 RAD: 5475.83' ' . CH: 3 CHB: N19'53'43"E SAO C4 m ^? ro o n C2 ARC: 150.00 CH: 150.00' DELTA: 89'56'13" L55' Gb \0 Li 0 ?'- - CHB: N83'22'38"E DELTA: 01'34'10" \y N C3 m 0, 83' RAD: 5525 \ GOVT LOT 1 . ARC: 151.37' OT 3 51.37 ? CLEARWATER GOVT LOT 4 n CHRISTIAN C1 GOVT L CH: 1 CHB: S83'22'38"W ' " I - COLLEGE -? ? \ \ 10 DELTA: 01734 L I - = - N, i? ) 589'22'57"E G COQ TAMPA BAY 344.56' S S?y POINT OF BEGINNING i 1 -- Pe?O 3s a ?nmmmm? v P,y I sue? 20 ? w v ?P EASTER o (40 mNemmm ter' m TRACT PER _j me^ ORB 16135, PG 2664 t° o C2 -'0 m r*i C7 582'3534'W R /W C1 .828.46' w 60 STATE ROAD L' w 0 RAD: 5525.83' GUY CAMPBELLBCAUSEVI ARC: 488.01' COURTNE CAUSEWAY POINT OF REFERENCE CH: 487.85' ? DAMS CHB: N86'41'32"E DELTA: 05'03'36" FOR GEOMETRY LINE TABLES AND NOTES, SEE SHEET 2 OF 3 FOR LEGAL DESCRIPTION, SIGNATURE AND SEAL, SEE SHEET 3 OF 3 WADE TRIM SKETCH & DESCRIPTION A WADE TRIM COMPANY - CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 100 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 102.50.DWG SHEET 1 OF 3 1" = 400' Revised. Exhibit A Page 5 of 6 SKETCH AND LEGAL DESCRIPTION LINE TABLE LINE LENGTH BEARING Ll 50.00 N05'50'16'W L2 75.89 N82'35'34'E L3 17.60 N18'25'35'E L4 11.75 N66'10'36'W L5 36.90 N07'24'44'E L6 34.57 N27'46'29'E L7 26.14 N22.06'03'E 1-8 21.03 S85'27'49'E L9 47.05 N00'22'32'W L10 10.17 N76.03'09'W Lll 49.43 N09.14'50'W L12 49.13 N21.51'04'W L13 15.55 N61'45'36'W L14 36.76 N39'48'21'W L15 38.04 N03'51'29'E L16 39.77 NOl'01'26'W L17 22.62 N39'14'16'W L18 6.68 N02'01'50'E L19 21.83 N48'07'04'E L20 23.22 N23'43'08'W L21 17.15 N60'13'20'E L22 10.05 N06.42'31'E L23 13.11 N41'29'06'W L24 25.74 N45.22'31'E L25 23.82 N63'18'48'E L26 49.94 N53'55'07'E L27 56.85 N00'16'34'W L28 180.68 N89.43'26'E L29 107.99 N00'16'34'W L30 17.99 N89'43'26'E L31 68.66 N00'56'49'W L32 71.74 N14.00'29'W L33 31.35 N14'13'49'W L34 148.53 N25'04'24'W L35 47.65 N64.51'49'E L36 61.06 N55'02'03'E L37 52.20 N61'14'38'E L38 37.84 N63'49128'E L39 92.52 N70'22'20'E THIS SPACE RESERVED FOR RECORDING INFORMATION L40 104,72 N68'51'27'E L41 63.57 S25'17'28'E L42 40.81 N36'18'39'E L43 19.77 N29'55'15'E L44 18.51 N66'58'31'E L45 27.81 S85'43'35'E L46 24.66 N71'55'13'E L47 30.63 N52'06'00'E L48 204.74 SB9'49'20'E L49 9.09 N62'13'50'E L50 26.32 N21'46'43'E L51 28.03 N34.38'33'W L52 36.60 N40'45'36'W L53 47.45 S85'40'57'W L54 17.54 N42'47'16'W L55 11.80 N21'20'23'E L56 23.76 N89.08'03'E L57 9.50 N47.26'36'E L58 27.47 N06'22'13'E L59 22.62 N78.25'27'E L60 14.18 N46'51'13'E L61 20.43 S49'55'47'E L62 25.83 S23'46'33'E L63 56.43 N71'05'46'E L64 9.36 S38'52'30'E L65 24.28 S67'05'16'E L66 24.29 N33'07'17'E L67 28.70 S69'05'02'E L68 30.96 S24.08'40'E L69 8.64 S20.16'44'E L70 11.51 S87'50'35'W L71 19.46 S26'48'43'W L72 19.13 S23.25'49'W L73 24.18 Sll'23'43'E L74 17.83 N49'11'46'E L75 34.97 N82'-;9'36'E SURVEYOR'S NOTES: 1. BASIS OF BEARINGS. ASSUMED, WITH THE NORTHERLY LINE OF STATE ROAD 60, AS SHOWN, BEING S8235.34"W. 2. THERE MAY BE EASEMENTS AND OTHER ITEMS OF RECORD NOT SHOWN HEREON (NO TITLE WORK FURNISHED). 3. THIS IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DEPICT A FIELD SURVEY. 4. THIS IS NOT A BOUNDARY SURVEY. WADE TRIM CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 1410 LPGA Blvd.,.Suite 148, Daytona Beach, FL 32117 LB 12232 17565 Phone: 386-274-1600 For 3B6-274-1602 SKETCH & DESCRIPTION DATE: OCTOBER 5, 2010 I MIT AREA 102.50.DWG SHEET 2 OF 3 KJK Revised Exhibit A Page 6 of 6 SKETCH AND LEGAL DESCRIPTION THIS SPACE RESERVED FOR I RECORDING INFORMATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN GOVERNMENT LOTS 3 AND 4, SECTION 16, TOWNSHIP 29 SOUTH. RANGE 16 EAST, AND THE NORTH OF THE NORTHEAST X OF SAID SECTION 16, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE INTERSECTION OF THE SOUTHEASTERLY MOST CORNER OF THE CLEARWATER CHRISTIAN COLLEGE CAMPUS LANDS. WITH THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 60 (ALSO KNOWN AS GULF-TO-BAY BOULEVARD. COURTNEY CAMPBELL CAUSEWAY AND DAVIS CAUSEWAY) FOR A POINT OF REFERENCE; THENCE S82'35'34"W ALONG SAID NORTHERLY RIGHT-DF-WAY LINE FOR A DISTANCE OF 821146 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 151.37 FEET, A CENTRAL ANGLE OF 01'34'10", A CHORD BEARING OF S83'22'38'W AND A CHORD DISTANCE OF 151.36 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE N05'50'16"W FOR A DISTANCE OF 50.00 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 5475.B3 FEET, AN ARC LENGTH OF 150.00 FEET, A CENTRAL ANGLE OF 01'34'10. A CHORD BEARING OF N83'22'38'£ AND A CHORD DISTANCE OF 150.00 FEET TO A POINT OF TANGENCY; THENCE N82'35'34'E FOR A DISTANCE OF 75.89 FEET; THENCE 1418 25'35'£ FOR A DISTANCE OF 17.60 FEET; THENCE N66'1636'W FOR A DISTANCE OF 11.75 FEET; THENCE N07'24'44"E FOR A DISTANCE OF 36.90 FEET; THENCE N27-46.29-E FOR A DISTANCE OF 34.57 FEET; THENCE N22V6'O3'E FOR A DISTANCE OF 26.14 FEET; THENCE S85'27'49'E FOR A DISTANCE OF 21.03 FEET; THENCE N00'22'32"W FOR A DISTANCE OF 47.05 FEET; THENCE N76'03'09'W FOR A DISTANCE OF 10.17 FEET; THENCE N09'14'50"W FORA DISTANCE OF 49.43 FEET; THENCE N21'51'04'W FOR A DISTANCE OF 49.13 FEET; THENCE N61'45'36'W FOR A DISTANCE OF 15.55 FEET; THENCE N39'48'21'W FOR A DISTANCE OF 36.76 FEET; THENCE ND3'51'29'E FOR A DISTANCE OF 38.04 FEET; THENCE ND1'01'26'W FOR A DISTANCE OF 39.77 FEET; THENCE N39'14'16'W FOR A DISTANCE OF 22.52 FEET; THENCE N02'01'50'E FOR A DISTANCE OF 6,68 FEET; THENCE N48'07'04'E FOR A DISTANCE OF 21.83 FEET; THENCE N23'43'08'W FOR A DISTANCE OF 23.22 FEET; THENCE N6013'20'E FOR A DISTANCE OF 17.15 FEET; THENCE N06'42'31'E FOR A DISTANCE OF 10.05 FEET; THENCE N41'29'06'W FOR A DISTANCE OF 13.11 FEET, THENCE N45'22'31'E FOR A DISTANCE OF 25.74 FEET, THENCE N63'18'48'E FOR A DISTANCE OF 2182 FEET; THENCE N5355'07'E FOR A DISTANCE OF 49.94 FEET; THENCE N00'16'34'W FOR A DISTANCE OF 56.85 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 180.68 FEET; THENCE. N00'16'34'W FOR A DISTANCE OF 107,99 FEET; THENCE N89'43'26'E FOR A DISTANCE OF 17.99 FEET; THENCE NDO'56'49'W FOR A DISTANCE OF 68.66 FEET; THENCE N14'OO'29'W FOR A DISTANCE OF 71.74 FEET; THENCE N14'13'49"W FOR A DISTANCE OF 31.35 FEET; THENCE N2504-24-W FOR A DISTANCE OF 148.53 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.24 FEET, A CENTRAL ANGLE OF 8956'13", A CHORD BEARING OF N1W53'43'E AND A CHORD DISTANCE OF 35.34 FEET TO A POINT OF TANGENCY; THENCE N64 51'49'E FOR A DISTANCE OF 47.65 FEET; THENCE N55'02'03'E FOR A DISTANCE OF 61.06 FEET; THENCE N61'14'38'E FOR A DISTANCE OF 52.20 FEET; THENCE N63'49'38'E FOR A DISTANCE OF 37.84 FEET; THENCE N70'22'20'E FOR A DISTANCE OF 92.52 FEET; THENCE N68'51'27'E FOR A DISTANCE OF 104.70 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 37.46 FEET, A CENTRAL ANGLE OF 85'51'05", A CHORD BEARING OF 568'13'01'£ AND A CHORD DISTANCE OF 34.05 FEET TO POINT OF TANGENCY; THENCE S25'17'2B'E FOR A DISTANCE OF 63.57 FEET; THENCE N36'18'39"E FOR A DISTANCE OF 40.81 FEET; THENCE N29'55'15'E FOR A DISTANCE OF 19.77 FEET; THENCE 1466'58'31': FOR A DISTANCE OF 18.51 FEET; THENCE S8543'35"E FOR A DISTANCE OF 27.81 FEET; THENCE N71'55'13"E FOR A DISTANCE OF 24.66 FEET; THENCE N52'06'00'E FOR A DISTANCE OF 30.63 FEET; THENCE S89'49'20"E FOR A DISTANCE OF 204.74 FEET; THENCE N62'13'50'E FOR A DISTANCE OF 9.09 FEET; THENCE N21'46'43'E FOR A DISTANCE OF 26.32 FEET; THENCE N34'38'33'W FOR A DISTANCE OF 28.03 FEET; THENCE N40'45'36'W FOR A DISTANCE OF 36.60 FEET; THENCE S85-40-57'W FOR A DISTANCE OF 47.45 FEET; THENCE N42'47'16'W FOR A DISTANCE OF 17.54 FEET; THENCE N2.1'20'23'E FOR A DISTANCE OF 11.80 FEET; THENCE N89'08'03'E FOR A DISTANCE OF 23,76 FEET; THENCE N4726'36'E FOR A DISTANCE OF 9.50 FEET; THENCE N0622'13'E FOR A DISTANCE OF 27.47 FEET, THENCE N7825'27"E FOR A DISTANCE OF 22.62 FEET; THENCE N46'51'13'E FOR A DISTANCE OF 14.18 FEET; THENCE S49'55'47'E FOR A DISTANCE OF 20.43 FEET; THENCE S2346'33'E FOR A DISTANCE OF 25.83 FEET; THENCE N71'05'46'E FOR A DISTANCE OF 56.43 FEET; THENCE S3B'52'30'E FOR A DISTANCE OF 9.36 FEET; THENCE S67'05'161 FOR A DISTANCE OF 24.28 FEET; THENCE N33'07'17'E FOR A DISTANCE OF 24.29 FEET; THENCE S69'05'02'E FOR A DISTANCE OF 28.70 FEET; THENCE S24'08'40'E FOR A DISTANCE OF 30.96 FEET; THENCE S20'16'44'E FOR A DISTANCE OF 8.64 FEET; THENCE S871)0'35'W FOR A DISTANCE OF 11.51 FEET; THENCE S26'48'43'W FOR A DISTANCE OF 19.46 FEET; THENCE S2325'49"W FOR A DISTANCE OF 19.13 FEET; THENCE S11'23'431 FOR A DISTANCE OF 24.18 FEET; THENCE N49'11'45'E FOR A DISTANCE OF 17.83 FEET; THENCE N82'59'36'E FOR A DISTANCE OF 34.97 FEET TO THE EAST LINE OF SAID SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST; THENCE NOO'00'00'E ALONG SAID SECTION LINE FOR A DISTANCE OF 1042.60 FEET TO THE NORTH LINE OF SAID SECTION 16; THENCE DEPARTING SAID EAST LINE ALONG SAID NORTH LINE N89'32'51'W FOR A DISTANCE OF 2136.42 FEET TO A NON-TANGENT CURVE; THENCE ALONG SAID CURVE .TO THE RIGHT HAVING A RADIUS OF 418.31 FEET, AN ARC LENGTH OF 208.37 FEET, A CENTRAL ANGLE OF 28'32'27", A CHORD BEARING OF S38'25'25'W AND A CHORD DISTANCE OF 206.22 FEET TO A POINT OF TANGENCY; THENCE S52'41'38'W FOR A DISTANCE OF 97,82 FEET; THENCE NB9'32'51"N FOR A DISTANCE OF 81.65 FEET; TO THE EASTERLY RIGHT-OF-WAY LINE OF BAYSHORE BOULEVARD (A VARIABLE WIDTH R)GHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE S52'42'01'W FOR A DISTANCE OF 73.01 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 268.31 FEET, AN ARC LENGTH OF 243.90 FEET, A CENTRAL ANGLE OF 52'04'59 , A CHORD BEARING OF S26-39.08-W AND A CHORD DISTANCE OF 235.59 FEET TO A POINT OF TANGENCY; THENCE SOO.37.03'W FOR A DISTANCE OF 1378.55 FEET TO THE NORTHERLY LINE OF LANDS KNOWN AS THE EASTER TRACT, PER OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY LINE S8922'57'E ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 344.66 FEET; THENCE CONTINUE ALONG THE SAID TRAC S52*'03'IE A ISTANCE OF FEET. DISTANCE OF 91.08 FEET UTOATHEO ORTHERLYSRIGHTT-OFT WAYiLINE OFFTHE AFOREMENTIONED7STBATE ROAD 50NAND A NON-TANGENT CURVE; THENCE DEPARTING SAID EASTER TRACT BOUNDARY LINE, ALONG SAID RIGHT-OF-WAY LINE AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 5525.83 FEET, AN ARC LENGTH OF 488.01 FEET, A CENTRAL ANGLE OF 05'03'36", A CHORD BEARING OF N86'41'32': AND A CHORD DISTANCE OF 487.85 FEET TO THE AFOREMENTIONED POINT OF BEGINNING OF THIS DESCRIPTION. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 102.50 ACRES, MORE OR LESS. I HEREBY CERTIFY THAT THIS SKETCH MEETS MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS PER CHAPTER KENNETH J. KUHAR 5J-17.050 THRU 17.052, FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYORIMAPPER If6105 WADE TRIM SKETCH & DESCRIPTION CIVIL ENGINEERING & LAND SURVEYING SINCE 1976 DATE: OCTOBER 5, 2010 1410 LPGA Blvd., Suite 148, Daytona Beach, FL 32117 MIT AREA LB #2232 #7565 Phone: 386-274-1600 Fax: 386-274-1602 102.50.DWG SHEET 3 OF 3 KJK Revised Exhibit B [Revised Master Plan] d f 3? g8 a 9 r T -7. 1 " t ? ?y r d a m ee F i i ¢ ?l S ? ? •n 7l ? ;; 1 5 F e. + [ l q 3 ' ra c 3400 GULF TO BAY BOULEVARD I N CLEARWATER, FL 33769 CAMPUS IMPROVEMENTS i ; MASTER PLAN Revised Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in die--areas as-nn-? istin wetland areas pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for several parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; • Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this- eemefttArq rrdment. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely-impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62- 342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOE and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary effects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. 2 Revised Exhibit D [Future Land Use and Zoning Maps] Amendment to Development Agreement Page 3 ADOPTED a z:>o Boa Fact PROPOSED CAMPUS ZONING 1 tsw .+c?. 1, ktttw-."' ' Zwllnp UisbiCt f .. wi,e rtmye ??k '..*fl'M:wt CrRni '': nstt?fr+?affSatet ?.ypt kw.4tb, N6SeaYh,d7gg1lk10y) AA`.i -:: ;'vv.?;;yocwRach<Nri.UUW : '? ', ?raEeNalkAbSGict. ?Stiff °? - I E E 3 : >.k.v ?'JMC!e a+rcawlsnursYi. ', 9e{?xmbcr lz, iJ t6 Yy Praiuat P.p d 5?...:<k- ?v R 250 Soo Frei PROPOSED CAMPUS FUTURE LAND US'El ;'j''wvov?d tr?aiw6wnt^ r?rw?, avcl.nfa?+kto cup. Lsgd tx. +<a«r ?UCk.'(fJi FS.n[e fk.acWrGHi Sitiwrc:v:' rwut.:rna? mow £aEidese?l wae„ ?... SFv:ix[?d ion. Aiecy? r i Piwdr.Ara}tiT4cc ?.'niM r?eAdwA93?7A?.:4 Gxwa :< cbrcaeraii iurax.? .. ? OnY?xkd.9 Cio?wrd J.z.! Yi?xo*4 uctx ?? ?aasirisi G.nersi fiK;?rvow:o :: Recxnaw;ti CW?Gwca +v: 13111VEJ(.a: 2??>,pcotannr?'q ?: ca?rwrutfRSS?aabRmat Oieti?t ;. Cea$ cyra,t B?rckacctAWd Fa?s4 1 4N?:tat rm Pi.xe lyd:Use 11 :ktineaFoWeti. [ao it11u16 L..d:k&. _ ?.-mw ? aaw. 2 f x Ee4ta w I) 'Q10 . V&DETR1M {tk This instrument was prepared by and return to: Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. O. Box 1368 Clearwater, FL 33757-1368 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is entered into among CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation, its successors and assigns (collectively the "Developer"), whose address is 3400 Gulf-to-Bay Boulevard, Clearwater, Florida 33759, and THE CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof (the "City"), whose address is 112 South Osceola Avenue, Clearwater, Florida 33756. WITNESSETH: WHEREAS, the City and Developer entered into a Development Agreement, dated August 12, 2010, recorded in O.R. Book 17005, Page 630, Public Records of Pinellas County, Florida ("Agreement") concerning 131.05 acres of property more particularly described therein (the "Property"); WHEREAS, Section 5.1 of the Agreement provides that the Agreement shall not be effective until final approval and effectiveness of certain zoning designations and future land use map designations for the Property; WHEREAS, Section 6.1.4 of the Agreement provides for the establishment of a Conservation Easement; WHEREAS, Section 6.1.3.1 of the Agreement provides that the Property must be developed in substantial conformance with a Master Plan; WHEREAS, during the approval process, the proposed area of the land use plan and zoning changes was modified, which resulted in changes to the Mitigation Area, the Master Plan Area, the Master Plan and the proposed conservation easement area; WHEREAS, the parties have agreed to certain revisions to the Agreement to incorporate these changes; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 et 5-M. Fla Stat. and applicable law; WHEREAS, the City has determined that as of the Effective Date of this Amendment the proposed development is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, at a duly called public meeting on October 21, 2010, the City Council approved this Amendment, and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Amendment and has duly authorized the undersigned individual to execute this Amendment on Developer's behalf; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: Section 1. Recitals. The above recitals are true and correct and are a part of this Agreement. Section 2. Capitalized Terms. Capitalized terms used herein that are not defined shall have the same meanings given to such terms in the Agreement. Section 3. Amendment to Agreement. The Agreement is amended as follows: 3.1 All references in the Agreement to the Mitigation Area shall refer to 102.5 acres. 3.2 Notwithstanding any references in the Agreement to the contrary, the Developer has requested a future land use map amendment resulting in a change of approximately 12.99 acres m.o.l. of the Property. 3.3 Exhibit A to the Agreement, Legal Description of Master Plan Area and Mitigation Area, is hereby deleted and replaced with the "Revised Exhibit A" attached to this Amendment. 3.4 Exhibit B to the Agreement, the Master Plan, is hereby deleted and replaced with the "Revised Exhibit B" attached to this Amendment. 3.5 Exhibit C to the Agreement, Mitigation Narrative, is hereby deleted and replaced with the "Revised Exhibit C" attached to this Amendment. 3.6 Exhibit D to the Agreement, the Project Future Land Use and Zoning Maps, is hereby deleted and replaced with "Revised Exhibit D" attached to this Amendment. 3.7 Section 4.2 of the Agreement is hereby amended to read: 2 The Project shall include 667 parking spaces, as shown on the Master Plan attached where 386 are existing today. 3.8 Section 4.3 of the Agreement is hereby amended to read: The proposed floor area ratio on the Master Plan Area shall not exceed .169 nonresidential area and the proposed density shall not exceed 750 dormitory beds, including use of the multiplier of 3 beds per unit ("Residential Equivalent Use") and the transfer of development rights described in Section 6.1.3.9 of this Agreement. The proposed height of the Master Plan buildings, as defined in the Code, is a maximum of 50 feet. There is no proposed development on the Mitigation Plan Area. 3.9 Section 6.1.3.5 of the Agreement is hereby amended to read: The residential density shall be limited to 750 beds, including the use of the Institutional density of 12.5 dwelling units per acre, the Residential Equivalent Use of 3 beds per dwelling unit pursuant to the Pinellas Planning Council Countywide Rules and the transfer of development rights described in Section 6.1.3.9 of this Agreement. 3.10 The following Section 6.1.3.9 is hereby added to the Agreement: 6.1.3.9 Developer and City desire to transfer development rights comprised of residential dwelling units and nonresidential density currently allocated to portions of the Mitigation Area (Sender Site), which are to be used in connection with the development of the Master Plan Area (Receiver Site) in accordance with Division 14, Article 4 of the Clearwater Community Development Code. The Developer shall submit and the City shall process an application seeking approval of such transfer of development rights as required by Code ("TDR Application"). In the event of any Code amendment occurring prior to submittal and final approval of the TDR Application, City agrees that the TDR Application, Master Plan and this Agreement shall not be impacted by such Code amendment. 3.11 Section 6.1.3.6 of the Agreement is hereby amended to read: 6.1.3.6 The Developer shall implement a hurricane evacuation plan approved by the City of Clearwater and included in the Developer's published Safety Manual. All students, faculty and staff shall receive a copy of such plan at the beginning of each school semester. Developer agrees to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from the Property as soon as practicable after the issuance of a hurricane watch by the National Hurricane Center which includes the Property. All dormitory construction shall meet Florida Building Code standards for 3 construction in a Coastal High Hazard area and shall not compromise the flooding on the adjacent property. 3.12 Section 5.2 of the Agreement is hereby amended to read: 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. In the event that the contingencies described in Section 5.1.2, Section 5.1.3, and Section 5.1.4 above, are not satisfied within twelve (12) months from the date hereof, the City and Developer agree to execute and deliver a termination of this Agreement, recordable form, which shall be recorded in the Public Records of Pinellas County, Florida at the expense of the Developer. Notwithstanding the foregoing, Developer may request two extensions of time, via the Community Development Coordinator, for the completion of these contingencies for no more than twelve additional months each. All time periods set forth in this Section 5 shall be automatically extended for a period of time equal to that required to pursue any administrative challenge to or litigation regarding any approval by a local, state or federal permitting agency, including any appellate proceedings arising therefrom. Section 4. Ratification. Except as modified herein, the terms and conditions of the Agreement remain in full force and effect and are ratified by the parties. Section 5. Effective Date. As provided in §163.3239, Florida Statutes (2010), this Amendment will become effective after being recorded in the Public Records of Pinellas County, Florida, and 30 days after having been received by the state land planning agency. 4 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals affixed as of this day of , 2010. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard William B. Horne II Mayor City Manager Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2010, by FRANK V. HIBBARD, Mayor of the City of Clearwater, who is personally known to me. STATE OF FLORIDA ) COUNTY OF PINELLAS ) Print/Type Name: Notary Public The foregoing instrument was acknowledged before me this day of , 2010, by WILLIAM B. HORNE II, City Manager of the City of Clearwater, who is personally known to me. Print/Type Name: Notary Public 5 Witnesses: CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation By: Signature Richard Stratton President Print name Signature Print name STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of , 2010, by Richard Stratton, as President of CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non profit corporation, on behalf of the corporation. He ? is personally known to me or ? produced as identification. NOTARY PUBLIC Printed Name: Commission No. My Commission expires: #539448 v1 - CCC/1st Amend to Dev Agt 6 Revised Exhibit A [Legal Descriptions of Master Plan Area and Mitigation Area] Revised Exhibit "C" Mitigation Plan Developer agrees to mitigate the impact of the development that may occur in existing wetland areas pursuant to this Agreement, state and federal permitting agency requirements. Developer shall: 1. Upgrade entire site's stormwater facilities within the Master Plan Area. These upgrades will include but are not limited to: • Providing water quality treatment for several parts of the campus that discharge untreated stormwater directly into the surrounding mangroves and Tampa Bay; • Improve the effectiveness of the existing wet treatment pond adjacent to Cathcart Hall by eliminating its ability to commingle stormwater runoff with daily tidal inflows/discharges; and • Eliminate frequent nuisance flooding within some of the parking area, classroom and administration buildings. 2. Make application to Southwest Florida Water Management District (SWFWMD) and U.S. Army Corps of Engineers (USACOE) for approval of the Mitigation Bank within 60 days of final approval by the City of this Amendment. The proposed Mitigation Bank will result in an approved wetland mitigation area in the Tampa Bay area water basin. The credits will be derived not from the creation of new mangrove area where none currently exists, but restoration of existing mangrove habitat that, depending on location, is moderately to severely-impacted by sedimentation, mosquito ditch dredging and spoiling, and loss of adequate daily tidal flow from Tampa Bay and Coopers Bayou. The restoration effort will focus on improving flows through the mangrove by upgrading the culverts under Damascus Road, removing sediment and muck, and sculpting the sides and bottoms of select mosquito ditches, creating a branching system of tidal creeks that improves ambient water quality and ecological habitat. Secondary effects of the branching creek system will occur through improved daily tidal exchange in Coopers Bayou, partially restoring the natural tidal exchange characteristics that existed before the construction of the Courtney Campbell Causeway; and improving the flow characteristics within the mangrove by demucking, widening and creating a branching tidal creek system within the mangroves. The Mitigation Bank shall be approved in accordance with Fla. Stat. 373.4136 et. seq., as amended; and Rule 62- 342, F.A.C. The City shall rely on SWFWMD and USACOE to finalize the appropriate mitigation strategies necessary to achieve the maximum mitigation within the Mitigation Area. An appropriate number of credits would be used to compensate for wetlands impacts associated with the Developer site improvements. 3. Place a conservation easement over the Mitigation Area, in conjunction with city, state and federal permitting. In the event the state and federal agencies approve the Mitigation Bank, upon exhaustion of all mitigation credits created by the Mitigation Bank, Developer shall actively seek to transfer the Mitigation Area to the City, or, in the event the City does not wish to take ownership of the Mitigation Area, to another government or conservation organization, in fee simple, for the purpose of expanding the Coopers Point Nature Park recreation area (subject to approval of the USACOE and SWFWMD). 4. In the event the state and federal agencies do not approve the Mitigation Bank, or, in the event approves the Mitigation Bank but does not rate the proposed restoration adequately high, limiting the number of credits available for purchase to the extent that the Mitigation Bank is not financially viable, Developer agrees to proceed with individual mitigation projects, as permitted by the State. Such activities may include: a) Upgrading the existing culverts under Damascus Road to improve daily tidal flows through the existing mangrove; b) Removing muck from select mosquito ditches within the existing mangrove to improve tidal flow and/or ecological habitat; c) Removing sediment and muck along an alignment of select mosquito ditches to simulate a branching system that improves tidal flow and ecological habitat. Secondary of fects of a branching tidal creek system will improve daily tidal exchange in Coopers Bayou and partially restore its natural hydrologic characteristics. 2 Revised Exhibit D [Future Land Use and Zoning Maps] Amendment to Development Agreement Page 3 ADOPTED Resume Lauren Matzke, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke(a,myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner February 2007 to September 2008 City of St. Pete Beach, FL Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. Planner August 2006 to December 2006 Florida Planning and Development Lab Tallahassee, FL Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1998 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners (2009 to Present) American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) ?c - 7 _ 1 ? -,cL1i4?1Y • - y >; Y •Yi/ n F ••W o VIP i- nbby au, ?xero wnpr \?? • .+71aDN . NT1i'S T6•.1 A0.~Ji 5?- i:. •GLEH•K,i _ 1F <3S - fir S V [ ? • . • ? ? C O . T• . A CK J -.?J 111 /'_" T ?a-?-?-? ? Tµ0 ?r? cw??ral-"?_I (> II ? 'fCZ-ro0 ZY,V., aa? Ge ? a, I ? ?11 4 1 ?? r P1 17 . srT«r 4. d ... 5 „•? c a.. a ?d ? • ??J ? 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MDR C ' - ¦¦ ¦i? ¦¦¦ ¦? oi¦¦¦ f*N?>¦¦? ---f % J f PROPOSED ZONING MAP (Alternative Compromise) Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200 Water/Drainage Feature OS/R 16-29-16-00000-110-0100 To: I, P, R/OS, & I, P, & OS/R Water/Drainage Feature Atlas Page: 292B SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\LUZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\PPC Alternative Recommendation Maps\LUZ2010-06002 ZONE AFTER.doc Preservation / Wetlands A O Q: ?? ---------- --- ?? .. Preservation / We lands m Preservation Wetla s W Ct " - y m ? College and ?•? o ? c,?' ?.` Associate Facilities' w Vacant & P? o FDOT COURTNEY CA Y ampja* EXISTING SURROUNDING USES MAP Owners: Clearwater Christian College Case: LUZ2010-06002 & DVA2010-06001 Site: 3400 Gulf-to-Bay Boulevard Property Size(Acres): 131.05 Land Use Zoning 16-29-16-00000-120-0100 16-29-16-00000-140-0100 PIN: From : I, CG, P, R/OS, RL, & I, C, P, LDR, & 16-29-16-00000-130-0200 Water/Drainage Feature OS/R 16-29-16-00000-110-0100 To: I, P, R/OS, & I, P, & OS/R Water/Drainage Feature Atlas Page: 292B SAPlanning Department\C D B\Land Use Amendments\LUZ 2010\L.UZ2010-06002 - 3400 Gulf to Bay Blvd - Clearwater Christian College\Maps\PPC Alternative Recommendation Maps\LUZ2010-06002 EXIST.docx Planning Department 0 100 South Myrtle Avenue Ckamrater Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-5624865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION. ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans O SUBMIT APPLICATION FEE $ FIRST AMENDMENT T DEVELOPMENT AGREEMENT APPLICATION (Reviscd 05!22102) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: CLEAMl = CHRISTIAN CIO FY;F PRIVATE SHCOOL, INC. MAILING ADDRESS: 3400 G Llf-tit: y Boulevard, Clearwater, FL 33759 . PHONE NUMBER: (7270,-)-726--153 FAX NUMBER: CELL NUMBER: EMAIL ADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: 3400 Gulf-to-Bay Boulevard STREET ADDRESS: LEGAL DESCRIPTION: See Exhibit "A," -attached. 16/29/16/00000/120/0100, 16/29/16/00000/130/0200, PARCEL NUMBER: 16/ T10?O100 _ PARCEL SIZE: 131.05 acres (acres,. square feel) PROPOSED USE AND SIZE: . See Exhibit "B" attached. (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): land use plan amendment and rezoning; flexible standard application, R-0-W Vacation! (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO __X- '(if yes, attach a copy of the applicable documents) CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: Page 1 of 5 - Development Agreement Application - City of Clearwater B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS; (Section 4-606.8) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report): ? STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS ? DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ? DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ? INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPME PROPOSAL WERE TO BE APPROVED; ? ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; ? COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4-202.A) ? SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G) ? Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; t date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities of services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. T development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of t estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and selvi required to, be constructed by the development agreernerlt. lie developlnelll agieernelit Shall provide that Sub C'unstruction shall be complel prior to the issuance of any certificate of occupancy. I. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development cod Additionally, a finding that the requirements for concurrency as set forth in Article.4 Division 10 of these regulations have been satisfied. i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public heap safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental requirements in existing codes or ordinances of the city. j. A statement indicating, that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of it developer to comply with any such deadline. 1. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not goveming the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a specifically anticipated in the development agreement. Page 2 of 5 - Development Agreement Application - City of Clearwater E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; ? COPY OF RECORDED PLAT, as applicable; O PRELIMINARY PLAT, as required; ?' LOCATION MAP OF THE PROPERTY. ? . 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.) ? GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SITE PLAN with the following information (not to exceed 24"'x 36"): _ All dimensions; _ North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size.of all 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 refuse collection facilities and all required screening (min. 10'x12` clear space); _ Location of all landscape material; Location of all onsite and offsite storm-water management facilities; _ Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ? SITE DATA TABLE for existing, required, and orooosed development, in written/tabular form: Land area in square feet and acres; _ Number of dwelling units proposed; _ Gross floor area devated to each use` _ Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement: Building and structure heights Impermeable surface ratio (I:S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 '/: X 11) and color rendering if possible; ? 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. stormwater management for the parcel; - All open space areas; _ Location of all earth or water retaining walls and earth berms; _ Lot lines and building lines (dimensioned): Streets and drives (dimensioned); Building and structural setbacks (dimensioned); - Structural overhangs; - Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 3 of 5 - Development Agreement Application - City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: 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;. Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; _ Location, size, description, specifications and quantities 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 LANDSCAPE PLAN to scale (8/2 X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. ? BUILDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; ? REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'%X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4-801.C) ? Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shalt be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property .described in this application. Signature of property owner or representative Katherine E. Cole STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 2 $ `-day of May A. D. 20 10 to me and/or by Ka_t-hpri np F. (tnl p , who is personally known la? idcatifioatioTTr tary blic, y commission e Page 4 of 5 - Development Agreement Application - City of Clearwater L. AFFIDAVIT TO AUTHORIZE AGENT: CLEAr&ATER CHRISTIAN COLLEGE PRIVATE SCHOOL, INC., a Florida non-profit corporation (Names of all property owners) 1. That (I amnwe are) the owner(s) and record title holder(s) of the following described property (address or general location): Located at 3400 iJlilf-to=Bay Boulevard. and adjoining parcels. Parcel Nos. 16/29/16/00000/120/0100, 16/29/16/00000/130/0200, 16/29/16/00000/130/0310, 2. That this property. constitutes the property for which a request for a: (describe request) Approval of a development agreement. 3. That the undersigned (hasihave) appointed and (does/do) appoint Katherine E. Cole, Esquire and Johnson, Pope, Bokor, Ruppel & Burns, LLP as (hisAheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property, 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 5. That (1/we), the undersigned authority, hereby certify that the foregoing is tf?:AtzYVH???K ,R MRISTIAN COLLEGE PRLVPdE SCHOOL, INC.' Property Owner -- - Property Owner Randy T. Living ton STATE OF FLORIDA, vice President COUNTY OF PIN.ELLAS Before me the underslgned, an officer duty commissioned by he laws of the State oqf Florida, on this Z ?7 day of may 2010 personally appeared Randy T. Livingston, as* who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. RYA1 MCNAMARA ?._ MY WaLISStON I DD833133 Notary Public My Commission Expires: EXIIHIES: Apri K 2013 141COI IgTAAY NoWy t?KLY1 /IsCR CL *Vice President of Clearw Private School, Inc. S: Rsnning Department%Applicaf/on Formstdevelopment reviewldeve/opment agreement appficafionldoc Page 5 of 5 - Development Agreement Application - City of Clearwater ] I IT "A" LEGAL DESCRIPTION: (PROVIDED BY OTHER" EDITED BY THE UNDERSIGNED) THE NORTH 1/2 OF THE NE 1/4 OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND THAT PART OF GOVERNMENT LOTS 3 AND 4 OF SAID SECTION, WHICH 'LIES NORTH OF A LINE BEGINNING IN THE WEST BOUNDARY OF SAID GOVERNMENT LOT 3, AT A POINT 250 FEET NORTH OF ITS SOUTHWEST CORNER EXTENDING NORTH 67 EAST TO NAVIGABLE WATER IN OLD TAMPA BAY, AND LESS RIGHT-OF-WAY OF DAVIS CAUSEWAY, PINELLAS COUNTY, FLORIDA: AND ALL LAND LYING BETWEEN THE ABOVE DESCRIBED PARCEL AND THE RIGHT-OF-WAY OF STATE ROAD 60, OTHERWISE KNOWN AS COURTNEY CAMPBELL CAUSEWAY. AND PARCEL 5 AND ALL THAT PART.OF GOVERNMENT LOT 1 IN SECTION 15, TOWNSHIP. 29 SOUTH, RANGE 16 EAST, LYING SOUTH OF AN EASTERLY PROJECTION OF THE NORTH LINE. OF GOVERNMENT LOT 4 IN SECTION 16, TOWNSHIP 29 SOUTH. RANGE 16 EAST. PINELLAS COUNTY, FLORIDA, WHICH PROJECTION IS EXTENDED TO THE DEEP WATER CHANNEL OF TAMPA BAY. LESS AND EXCEPT A 1 DO` RIGHT-OF-WAY FOR BAYSHORE BOULEVARD AS DESCRIBED IN COUNTY PETITION NO. 80 DATED AUGUST 4, 1925. LESS AND EXCEPT A RIGHT-OF-WAY ACROSS GOVERNMENT LOT 4 OF SAID SECTION 16,, DESCRIBED IN CITY OF CL>ARWATER RESOLUTION '64-90. FILED IN OFFICAL RECORD 1.936 PAGES 522-524, OF THE PUBLIC RECORDS OF PINELIAS COUNTY FLORIDA. LESS AND EXCEPT PARCEL.1 THAT PORTION. THEREOF DEEDED.TO ROBERT D. WINN AND MARY. S; WINN, HUSBAND AND WIFE, ON NOVEMBER 16, 1992, BY DEED RECORDED IN O.R..BOOK ;8094. PAGE 1155, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: THAT PORTION OF THE NW' 1/4 OF SECTION 16. TOWNSHIP 29S, RANGE 16E. LYING SOUTH OF DREW : STREET,. EAST OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION; AND NORTHWE.,^TERLY OF BAYSHORE BOULEVARD TOGETHER WITH THE RIPARIAN RIGHTS THERETO, BEING.. MORE PARTICULARLY DESCRIBED. 'AS FOLLOWS: FROM THE NE CORNER OF. THE NW 1/4 OF SECTION 16. `.TOWNSHIP .29S, RANGE .16E, AS A POINT OF REFERENCE, THENCE S00'37'03'W ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 16 A DISTANCE OF 33.0' TO THE NORTHEAST CORNER OF LOT 9, UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS A POINT OF BEGINNING; THENCE.- CONTINUE S00'37'03"W ALONG SAID CENTERLINE (BEING ALSO THE EASTERLY BOUNDARY OF SAID UNIT .1 OF CRYSTAL HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 28, PAGE 64, OF THE PUBLIC RECORDS OF PINELJS COUNTY.. FLORIDA), A DISTANCE OF 222.47` TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF BAYSHORE BOULEVARD (A 160' RIGHT-OF-WAY); THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 368.31', A CHORD BEARING OF N41'35'48'E. AND A CHORD DISTANCE OF 146.17' TO A POINT OF TANGENCY; THENCE N61'02'31 "E ALONG SAID TANGENT' RIGHT-OF-WAY, A DISTANCE OF 184.66' TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY OF DREW . STREET (CURRENTLY A.33 .: RIGHT-OF-WAY); THENCE N89'29'50'W ALONG SAID. SOUTHERLY RIGHT-OF-WAY (33' FROM AND PARALLEL TO THE NORTH LINE.OF SAID SECTION 16), A DISTANCE OF 242.21' TO THE POINT OF BEGINNING. CONTAINING 23.549 SQUARE. FEET (0.54 ACRES) M,O.L . TOGETHER WITH THE RIPARIAN RIGHTS TO THE LANDS LYING DIRECTLY-.EAST, ACROSS THE 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD (AS RECORDED IN COUNTY PETITION NO. 80, DATED AUGUST 4, 1925) BEING FURTHER DESCRIBED AS FOLLOWS: THE NORTH 222.47' OF THE NORTHYIESTO 1 /4 OF SECTION 16, TOWNSHIP 29S, RANGE 16E, LYING BETWEEN THE EASTERLY LINE OF UNIT 1 OF CRYSTAL HEIGHTS SUBDIVISION AS RECORDED IN PLAT BOOK 28. PAGE 64, OF THE PUBLIC RECORDS OF PINEL AS COUNTY, FLORIDA, AND EXTENDING EASTERLY TO THE MEAN HIGH WATER MARK OF OLD TAMPA.BAY - LESS A 100' RIGHT-OF-WAY FOR BAYSHORE BOULEVARD - AS DESCRIBED. IN COUNTY PETITION NO. 80 DATED AUGUST 4, 1925_ RIPARIAN RIGHTS GRANTED ARE LIMITED TO THE LESSER OF: (A) FIFTY (50') FEET FROM THE UPLAND, OR (B) THE MAXIMUM DOCK LENGTH PERMCiTED BY LAW, WHICHEVER IS THE LEAST. LESS AND EXCEPT: LANDS KNOWN AS THE "EASTER" TRACT, RECORDED IN OFFICIAL RECORDS BOOK 16135, PAGE 2664 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. -TOTAL AREA: 131.05 ACRES, MORE OR LESS THERE IS APPARANTLY TWO SCRIVENER ERRORS IN THE ABOVE DESCRIBED LEGAL DESCRIPTION, SHOWN WITH AN ASTERICK. BOTH SHOULD BE CHANGED TO SHOW "NORTHEAST' OR "NE' INSTEAD OF NORTHWEST (NW). EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION FIRST AMENDMENT TO DEVELOPMENT AGREEMENT Clearwater Christian College Private School, Inc. 3400 Gulf-to-Bay Boulevard Section B.2 Development Agreements Supplemental Submittal Requirements: • Statement of the requested duration of the development agreement, which shall not exceed twenty years. The proposed duration of the development agreement is 20 years and is stated as such in the development agreement. The Applicant requests a 20-year development agreement as the project consists not only of a phased-development master plan for a college campus, but also significant environmental work to the preservation area of the Applicant's property. This environmental work will be permitted by local, state and federal authorities and will ideally consist of creating an approved mitigation bank. The permitting and construction of enhancement and restoration projects within the mitigation bank is a long-term, supervised process, thereby creating the necessity of a 20-year development agreement. This specific request relates to a First Amendment to the Development Agreement, which does not change the duration. • Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater fire, police, utilities (water, sewer, reclaimed water) and solid waste as stated in the development agreement. Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed use is an expanded college campus with expanded facilities to allow for the addition of NCAA-compliant facilities, additional dormitory living area, additional classroom space, as well as a new chapel/fine arts building. The approved development agreement protects the remaining Preservation area and requires certain mitigation activities to occur in the Preservation area. The proposed First Amendment to Development Agreement modifies the Mitigation Area, the Master Plan Area, the Master Plan, the proposed conservation easement area, the hurricane evacuation requirements, and the time necessary for the Applicant to secure environmental permits. These amendments are a result of a reduction of the proposed area of the land use plan and zoning changes and other recommendations of the Pinellas Planning Council, Countywide Planning Authority and Tampa Bay Regional Planning Council. • Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. The applicant has simultaneously applied for a land use amendment and rezoning for various parcels within the College property in order to make (i) the upland areas consistently zoned Institutional with a land use designation of Institutional and (ii) the wetland and mitigation areas zoned Preservation with a land use designation of Preservation. ¦ Zoning and land use categories of all adjoining properties. Zoning Land Use North Preservation Preservation Northwest LMDR Residential Urban (across Bayshore) East Water Water (Tampa Bay) South (across Gulf-to- Open Space/ Recreation/ Bay/Courtney Recreation Open Space Campbell Cswy.) West LMDR Residential Urban (across bayshore) IVIUM n_,_:-1-.,.1;,.I KA - A;, , ..., RCJIUt=nL1a IvIGUlulll MHP Residential Low Med. Along Gulf-to-Bay Commercial General Commercial • Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. The list will be provided upon request of City as appropriate at time of notice. #527865 v3 - Clwr Christian College/Ex B to DVA 2 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 21, 2010 DRAFT Present: Nicholas C. Fritsch Chair Frank L. Dame Board Member Brian A. Barker Board Member Kurt B. Hinrichs Board Member Norma R. Carlough Acting Board Member Absent: Thomas Coates Vice Chair Doreen DiPolito Board Member Richard Adelson Board Member Also Present: Morris Massey Attorney for the Board Leslie Dougall-Sides Assistant City Attorney Michael L. Delk Planning & Development Director Robert Tefft Development Review Manager Patricia 0. Sullivan Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. The Chair offered applicants the opportunity to continue cases as four votes are required to approve items. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 3 and 17, 2010 Member Dame moved to approve the minutes of the special Community Development Board meeting of August 3, 2010, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Member Hinrichs moved to approve the minutes of the regular Community Development Board meeting of August 17, 2010, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners etc and will be approved by a single vote at the beginning of the meetin : (Items 1 - 3) Case: FLD2008-05012 - 2855 Gulf-to-Bay Boulevard Level Two Application Owner/Applicant: BVG Acquisition Inc. Agent: Marc Mariano, Cardno TBE (380 Park Place Blvd, Suite 300, Clearwater, FL 33759; phone: 727-531-3505; fax: 727-531-1294; email: Marc. Mariano@cardnotbe.com). Location: 31.12 total acres located generally at 2855 Gulf-to-Bay Boulevard (south side of Gulf-to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]). Atlas Page: 300 A and 300B. Community Development 2010-09-21 Zoning Districts: Commercial (C), Office (O) and Medium High Density Residential (MHDR) Districts. Request: Extend the time frame of the Development Order. Proposed Use: 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed). Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Memorandum FLD2008-05012 2010-09-21. See page 3 for motion of approval. 2. Case: FLD201 0-07002 - 2135 NE Coachman Road Level Two Application Owner/Applicant: Patrick J. Flynn. Agent: Braulio Grajales, High Point Engineering (630 Chestnut Street, Clearwater, FL 33756; phone: 727-723-3771; fax: 727-723-7150; email: bgraiales(aJ).hpe-fl.com). Location: 0.402 acre located on the south side of NE Coachman Road, approximately 1,400 feet west of N. Belcher Road and 600 feet east of Graham Drive. Atlas Page: 280B. Existing Zoning: Office (O) District. Request: Flexible Development application to permit office and medical clinic uses in a building totaling 4,060 square-feet of floor area in the Office (O) District with a lot area of 17,500 square- feet (0.402 acre), a lot width of 100 feet, a front (north) setback of 15 feet (to pavement), a side (east) setback of eight feet (to building), six feet (to door landing) and five feet (to pavement), a side (west) setback of eight feet (to building), six feet (to door landing) and five feet (to pavement and dumpster enclosure), a rear (south) setback of five feet (to building), a building height of 15 feet (to midpoint of pitched roof) and 17.67 feet (to top of parapet) and 19 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community nCode Section -1 nnn Q• i- to IL.?.? I+r. ri r.r landscape icl-?nrlc of ?occ ttion 15v? Development SectioI I _ I UU.r. u, ai1U lv anvvv Ilcl Ivi IJiui iuJ viVJJ i ?w square-feet and less than eight feet in width from back of curb to back of curb, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Office and Medical Clinic. Neighborhood Associations: Coachman Ridge Homeowners and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2010-07002 2010-09-21. See page 3 for motion of approval. Case: FLD2010-03006 - 1377-1395 S. Missouri Avenue Level Two Application Owner/Applicant: Dennis R. DeLoach, Jr. - Trustee. Agent: Brent Perkey, Chase Central Construction (10930 62nd Avenue North, Seminole, FL 33772; phone: 727-729-0813; fax: 727-327-7250; email: brent. perkeyccc(agmail. com). Location: 0.62 acre located on the east side of S. Missouri Avenue, approximately 1,100 feet south of Lakeview Road and 200 feet northeast of Kingsley Street. Atlas Page: 306B. Community Development 2010-09-21 Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a multiple-tenant building with office, retail sales and services and limited vehicle service uses in the Commercial (C) District with a lot area of 27,153 square-feet (0.62 acre), a front (west) setback of two feet (to existing pavement), a side (north) setback of 1.7 feet (to existing building) and 2.7 feet (to existing pavement), a side (south) setback of five feet (to existing pavement), a rear (east) setback of 3.2 feet (to existing building), a building height of 19.08 feet (to top of existing roof deck) and 22 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C; and a reduction to the perimeter buffer (west) along S. Missouri Avenue from 15 to two feet (to existing pavement), a reduction to the north perimeter buffer from five to 1.7 feet (to existing building) and 2.7 feet (to existing pavement), a reduction to the east perimeter buffer from five to 3.2 feet (to existing building), a reduction to the foundation planting area from five to zero feet and a reduction to the percentage of interior landscape area from 10% to 0%, as a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.0. Proposed Use: Multiple-tenant building with office, retail sales and services and limited vehicle service uses. Neighborhood Associations: Lake Bellevue and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2010-03006 2010-09-21. Member Dame moved to approve Cases FLD2008-05012, FLD2010-07002, and FLD2010-03006 on today's Consent Agenda based on evidence in the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report(s), with conditions of approval as listed. The motion was duly seconded and carried unanimously. E LEVEL TWO APPLICATION' (Item 1) 1. Case: FLD2010-07001 - 27001 U.S. Highway 19 North Level Two Application Owner/Applicant: Bellwether Properties of Florida, LTD; Sears Roebuck & Co.; Dillard Department Stores, Inc.; Allied Stores General Real Estate Co.; J.C. Penney Corporation, Inc.; Florida Power Corporation. Agent: Edward Mazur, Jr., P.E. (3030 Starkey Boulevard, New Port Richey, FL 34655; phone: 727-849-7588; fax: 727-848-3648; email: emazur(cr fldesign.com). Location: 80.896 acres located east of U.S. Highway 19 N between S.R. 580 and Countryside Boulevard. Atlas Page: 221 B. Existing Zoning: Commercial (C) District and Institutional (1) District. Request: Flexible Development Application to permit an addition with 33,465 square-feet of indoor recreation and entertainment (12 screen theater), 35,102 square-feet of restaurant and retail sales and service in the Commercial (C) and Institutional (1) Districts with a lot area of 3,523,825 square- feet, a lot width of 2,572 feet along Countryside Boulevard, 1,776 feet along U.S. Hwy 19 North, and 2,784 feet along S.R. 580, a front setback (north along S.R. 580) of zero feet (to existing pavement) and 52 feet (to existing building), a front setback (south along Countryside Boulevard) of 5.4 feet (to existing pavement) and 83.4 feet (to existing building), a front setback (west along U.S. Hwy 19 North) of 6.2 feet (to existing pavement) and 199.7 feet (to existing building) and a side (east) setback of 5.5 feet (to existing pavement) and 285.9 feet (to existing building), a Community Development 2010-09-21 building height of 51 feet (to top of flat roof), 63 feet (to top of metal lattice) and 5,719 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Sections 2-704.C and 2-1204.A, with a reduction to the perimeter landscape buffer along S.R. 580 from 15 feet to zero feet, a reduction to the perimeter landscape buffer along Countryside Boulevard from 15 feet to 5.4 feet, a reduction to the landscape buffer along U.S. Hwy 19 North from 15 feet to 6.2 feet, a reduction to the side (east) landscape buffer from 10 feet to 5.5 feet, a reduction to the foundation landscape from five feet to zero feet on the west facade, to allow more than 15 parking spaces in a row without an interior landscape island, to allow interior landscape islands of less than 150 square-feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G and a two-year development order. Proposed Uses: Indoor Recreation and Entertainment (12 screen theatre), Retail Sales and Service, and Restaurant. Neighborhood Associations: Cypress Bend and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report FLD2010-07001 2010-09-21. Member Barker moved to accept Scott Kurleman as an expert witness in the fields of zoning, site plan analysis, planning in general, landscape ordinance, tree ordinance, and code enforcement. The motion was duly seconded and carried unanimously. Planner III Scott Kurleman reviewed the staff report. Staff recommends approval. Representative Rebecca Gagalis, of Westfield, LLC, introduced the project's development team and discussed the firm's recent $12 million investment in mall upgrades. She hoped this project could begin in early 2011. eMember r?_..... ^, to T... \A/.. I..alsh r1r+n in Oho fiolrAc ?f dec.,ig r? MeDa Ie moved love.J d o accept I VIII V V I I as an expert l WIloss ii i- 11-1 l c oversight, planning, architectural design, and design management, Edward Mazur, Jr., P.E. as an expert witness in the fields of master planning and infrastructure design, including water, sanitary sewer and roadway systems, and Cynthia Hardin Tarapani as an expert witness in the fields of comprehensive planning, project approvals, zoning and land development regulations, land use litigation and eminent domain and historic preservation. The motion was duly seconded and carried unanimously. Tom Walsh, of Westfield, LLC, reviewed the $33 million project to expand the mall to include a 12-screen movie theater and space for additional retail stores and restaurants. The roof will be raised to accommodate the addition, to be located on the property's southwest quadrant. He said some new space, accessible only from outside the mall, is proposed for restaurant use; theaters will be accessible only from inside the mall. He said a security station will be at the front of the cinema. He said spaces will be added to the reconfigured parking lot. He anticipated that movie patrons will park on the north side of the mall once they are familiar with the theater location. One person spoke in support of the request. It was noted that the project's traffic study answers concerns regarding congestion and parking. Community Development 2010-09-21 4 Member Barker moved to approve Case FLD2010-07001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed. The motion was duly seconded and carried unanimously. F. ADJOURN The meeting adjourned at 1:40 p.m. Chair Community Development Board Attest: Board Reporter Community Development 2010-09-21 5 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER September 21, 2010 DRAFT Present: Nicholas C. Fritsch Frank L. Dame Brian A. Barker Kurt B. Hinrichs Norma R. Carlough Chair Board Member Board Member Board Member Acting Board Member Absent: Thomas Coates Doreen DiPolito Richard Adelson Also Present: Morris Massey Leslie Dougall-Sides Michael L. Delk Robert Tefft Patricia 0. Sullivan Vice Chair Board Member Board Member Attorney for the Board Assistant City Attorney Planning & Development Director Development Review Manager Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. The Chair offered applicants the opportunity to continue cases as four votes are required to approve items. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: August 3 and 17, 2010 Member Dame moved to approve the minutes of the special Community Development Board meeting of August 3, 2010, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Member Hinrichs moved to approve the minutes of the regular Community Development Board meeting of August 17, 2010, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners etc and will be approved by a single vote at the beginning of the meetin : (Items 1 - 3) Case: FLD2008-05012 - 2855 Gulf-to-Bay Boulevard Level Two Application Owner/Applicant: BVG Acquisition Inc. Agent: Marc Mariano, Cardno TBE (380 Park Place Blvd, Suite 300, Clearwater, FL 33759; phone: 727-531-3505; fax: 727-531-1294; email: Marc. Maria no@cardnotbe.com). Location: 31.12 total acres located generally at 2855 Gulf-to-Bay Boulevard (south side of Gulf-to-Bay Boulevard between Cross Boulevard [east] and Sky Harbor Drive [west]). Atlas Page: 300 A and 300B. Community Development 2010-09-21 Zoning Districts: Commercial (C), Office (O) and Medium High Density Residential (MHDR) Districts. Request: Extend the time frame of the Development Order. Proposed Use: 229 attached dwellings (Independent Living Units) (73 units existing to remain; 156 units proposed), a total of 40 nursing home beds (proposed) and a total of 170 beds of assisted living facility (94 beds existing to remain; 76 beds proposed). Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Memorandum FLD2008-05012 2010-09-21. See page 3 for motion of approval. 2. Case: FLD2010-07002 - 2135 NE Coachman Road Level Two Application Owner/Applicant: Patrick J. Flynn. Agent: Braulio Grajales, High Point Engineering (630 Chestnut Street, Clearwater, FL 33756; phone: 727-723-3771; fax: 727-723-7150; email: bgrajales(@hpe-fl.com). Location: 0.402 acre located on the south side of NE Coachman Road, approximately 1,400 feet west of N. Belcher Road and 600 feet east of Graham Drive. Atlas Page: 280B. Existing Zoning: Office (O) District. Request: Flexible Development application to permit office and medical clinic uses in a building totaling 4,060 square-feet of floor area in the Office (O) District with a lot area of 17,500 square- feet (0.402 acre), a lot width of 100 feet, a front (north) setback of 15 feet (to pavement), a side (east) setback of eight feet (to building), six feet (to door landing) and five feet (to pavement), a side (west) setback of eight feet (to building), six feet (to door landing) and five feet (to pavement and dumpster enclosure), a rear (south) setback of five feet (to building), a building height of 15 feet (to midpoint of pitched roof) and 17.67 feet (to top of parapet) and 19 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community n /?,..J.. C,...r•;..., ? e nnn D; A to Ilo ?i'nte ;nr lonrlcrono iclnnric of lecc than 1 5%O Development Code Sectio I c.- I vv-r. v, anu L aiivvv ii 1L I iv. .uu...u N. .....-- square-feet and less than eight feet in width from back of curb to back of curb, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G. Proposed Use: Office and Medical Clinic. Neighborhood Associations: Coachman Ridge Homeowners and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2010-07002 2010-09-21. See page 3 for motion of approval. 3. Case: FLD2010-03006 - 1377-1395 S. Missouri Avenue Level Two Application Owner/Applicant: Dennis R. DeLoach, Jr. - Trustee. Agent: Brent Perkey, Chase Central Construction (10930 62?d Avenue North, Seminole, FL 33772; phone: 727-729-0813; fax: 727-327-7250; email: brent.perkeyccc(Dgmail.com). Location: 0.62 acre located on the east side of S. Missouri Avenue, approximately 1,100 feet south of Lakeview Road and 200 feet northeast of Kingsley Street. Atlas Page: 306B. Community Development 2010-09-21 2 Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a multiple-tenant building with office, retail sales and services and limited vehicle service uses in the Commercial (C) District with a lot area of 27,153 square-feet (0.62 acre), a front (west) setback of two feet (to existing pavement), a side (north) setback of 1.7 feet (to existing building) and 2.7 feet (to existing pavement), a side (south) setback of five feet (to existing pavement), a rear (east) setback of 3.2 feet (to existing building), a building height of 19.08 feet (to top of existing roof deck) and 22 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C; and a reduction to the perimeter buffer (west) along S. Missouri Avenue from 15 to two feet (to existing pavement), a reduction to the north perimeter buffer from five to 1.7 feet (to existing building) and 2.7 feet (to existing pavement), a reduction to the east perimeter buffer from five to 3.2 feet (to existing building), a reduction to the foundation planting area from five to zero feet and a reduction to the percentage of interior landscape area from 10% to 0%, as a Comprehensive Landscape Program under the provisions of CDC Section 3- 1202.0. Proposed Use: Multiple-tenant building with office, retail sales and services and limited vehicle service uses. Neighborhood Associations: Lake Bellevue and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. See Exhibit: Staff Report FLD2010-03006 2010-09-21. Member Dame moved to approve Cases FLD2008-05012, FLD2010-07002, and FLD2010-03006 on today's Consent Agenda based on evidence in the record, including the application(s) and the Staff Report(s), and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report(s), with conditions of approval as listed. The motion was duly seconded and carried unanimously. C. LEVELTY^VOAPPLiCATiON: (ite m11 1. Case: FLD2010-07001 - 27001 U.S. Highway 19 North Level Two Application Owner/Applicant: Bellwether Properties of Florida, LTD; Sears Roebuck & Co.; Dillard Department Stores, Inc.; Allied Stores General Real Estate Co.; J.C. Penney Corporation, Inc.; Florida Power Corporation. Agent: Edward Mazur, Jr., P.E. (3030 Starkey Boulevard, New Port Richey, FL 34655; phone: 727-849-7588; fax: 727-848-3648; email: emazur(a-)fldesign.com). Location: 80.896 acres located east of U.S. Highway 19 N between S.R. 580 and Countryside Boulevard. Atlas Page: 221 B. Existing Zoning: Commercial (C) District and Institutional (1) District. Request: Flexible Development Application to permit an addition with 33,465 square-feet of indoor recreation and entertainment (12 screen theater), 35,102 square-feet of restaurant and retail sales and service in the Commercial (C) and Institutional (1) Districts with a lot area of 3,523,825 square- feet, a lot width of 2,572 feet along Countryside Boulevard, 1,776 feet along U.S. Hwy 19 North, and 2,784 feet along S.R. 580, a front setback (north along S.R. 580) of zero feet (to existing pavement) and 52 feet (to existing building), a front setback (south along Countryside Boulevard) of 5.4 feet (to existing pavement) and 83.4 feet (to existing building), a front setback (west along U.S. Hwy 19 North) of 6.2 feet (to existing pavement) and 199.7 feet (to existing building) and a side (east) setback of 5.5 feet (to existing pavement) and 285.9 feet (to existing building), a Community Development 2010-09-21 building height of 51 feet (to top of flat roof), 63 feet (to top of metal lattice) and 5,719 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Sections 2-704.C and 2-1204.A, with a reduction to the perimeter landscape buffer along S.R. 580 from 15 feet to zero feet, a reduction to the perimeter landscape buffer along Countryside Boulevard from 15 feet to 5.4 feet, a reduction to the landscape buffer along U.S. Hwy 19 North from 15 feet to 6.2 feet, a reduction to the side (east) landscape buffer from 10 feet to 5.5 feet, a reduction to the foundation landscape from five feet to zero feet on the west facade, to allow more than 15 parking spaces in a row without an interior landscape island, to allow interior landscape islands of less than 150 square-feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G and a two-year development order. Proposed Uses: Indoor Recreation and Entertainment (12 screen theatre), Retail Sales and Service, and Restaurant. Neighborhood Associations: Cypress Bend and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. See Exhibit: Staff Report FLD2010-07001 2010-09-21. Member Barker moved to accept Scott Kurleman as an expert witness in the fields of zoning, site plan analysis, planning in general, landscape ordinance, tree ordinance, and code enforcement. The motion was duly seconded and carried unanimously. Planner III Scott Kurleman reviewed the staff report. Staff recommends approval. Representative Rebecca Gagalis, of Westfield, LLC, introduced the project's development team and discussed the firm's recent $12 million investment in mall upgrades. She hoped this project could begin in early 2011. RA,.kor Damn moved to accent Tom %/Vaish as an exnPrf Witnacc in the fialrlS of design oversight, planning, architectural design, and design management, Edward Mazur, Jr., P.E. as an expert witness in the fields of master planning and infrastructure design, including water, sanitary sewer and roadway systems, and Cynthia Hardin Tarapani as an expert witness in the fields of comprehensive planning, project approvals, zoning and land development regulations, land use litigation and eminent domain and historic preservation. The motion was duly seconded and carried unanimously. Tom Walsh, of Westfield, LLC, reviewed the $33 million project to expand the mall to include a 12-screen movie theater and space for additional retail stores and restaurants. The roof will be raised to accommodate the addition, to be located on the property's southwest quadrant. He said some new space, accessible only from outside the mall, is proposed for restaurant use; theaters will be accessible only from inside the mall. He said a security station will be at the front of the cinema. He said spaces will be added to the reconfigured parking lot. He anticipated that movie patrons will park on the north side of the mall once they are familiar with the theater location. One person spoke in support of the request. It was noted that the project's traffic study answers concerns regarding congestion and parking. Community Development 2010-09-21 4 Member Barker moved to approve Case FLD2010-07001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed. The motion was duly seconded and carried unanimously. F. ADJOURN The meeting adjourned at 1:40 p.m. Chair Community Development Board Attest: Board Reporter Community Development 2010-09-21 5