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FLD2006-06036; changed to FLS2006-06075Note: FLD2006-06036 was changed to FLS2006-06075. Please refer to both as new paperwork was not required to be submitted. ,. .. '~ 'Clearwater • Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 n SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION >'~ ~~ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets ,~'' •_ ~~ SUBMIT APPLICATION FEE $ ~ r.~,Cl. ~~ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION (Revised 03/28/2006) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER APPLICANT NAME: J~~ ~ ~~~~~, MAILING ADDRESS:~+'~~ ire-~' PHONE NUMBER: A°.ys,a •-s"'1 ~' I PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS PHONE NUMBER: CELL NUMBER: D AGENT INFORMATION: (Code Section 4-202.A) 4 - / j CELL NUMBER: f•(^! Y~, n .~Js'=s'~~~9/l?a 1(7e3 ~V71~,Y1l~~er'd~i./8e'x ~wp~r/'~/1~"~y C" ~~,ti'&°" . .m ;~ ~ ' s" FAX N MBER: ¢"~.--. ~ ~~~----A----------.-._..:--------- -~_`~~ ~ ~ ~ d~..J~°~'~i~~ a E-MAIL ADDRESS: -.~~'~~~`P~,~V_~~~~~y~l.~~~~'L~~~'-~.~'~~~ B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: ~`'` ~E:Cilyd~~Cl~vr~~~ 7 ~''~~~~r~ ~Lr ~~~` PROJECT VALUATION: STREET ADDRESS ~~-~, ~ ~~~~~~ ~ ~ I ~r p. f~ PARCEL NUMBER(S): ., ~t l PARCEL SIZE (acres): ~L; " ''"" PARCEL SIZE (square feet): LEGAL DESCRIPTION: c•,.: ss .,..J .L~ lQ /~, ~. _,I Q- eT..~. , ,eR,OPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include number of units or square footage of non-residential use and all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) ,. ~!_/~ ~..~-17_- ~k-,r ~ ~lr~t,~ RECENEa _~ _,~ ~`ry ~ .. ~ ") ..7 (~ m_. Q __o.~..___.._~__l.... _-.~..__t..,__. ~-- _...-.... trn ~.l " Q U~ X:\Clw Applications\2006 ApplicationslFlexible Development (FLD) 2006.doc Page 1 of 7 P~N~~~ ~~pH~TIVIEt`!t CITY ®F ~I ~~4R~IL~"~^:. ,` ;,~. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A Pfj.~VIOUSLY APPROVED PLANNED UNIT DEVEt_OPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? 1'ES - NO ~/ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Cade Section 4-202.A.5) i ~/ S1.18A/IIT A COPY OF Tf-IE TITLE INSUP.ANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) Ci, l~,rI;ITTCN SIJL3fVtITTAL REGZUfRENiENTS: (Code Section 3-913.x) C'IA' Provide complete responses to ttte six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. ,. - ~,. ., f. ~.~ 2. -i 17e Iroposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. ._. _) ~~~, tl ` ,,. 3. "the proposed development will not adv/ersely~affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. ~i he proposed development is designed to minimize traffic congestion. . ' ` .~at.,(__~.ar',(~~ . ~~..e__.._~-~-.~.:~_ ~!t `._--.___...._.._.__. 5. Ttre proposed development is corisistertt with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent. properties. ' , ~. _.._~.._ .~ ~ ~r ~-c,~ _____..___ __-__~---... _ .~ _~ ..___..= --..~f~....__.~~~r~..----.._._-__-~_...__-._.._..... . . . . . . . . . . . . . . . . . . . . . . . . . ~~~Q MAR 15 2007 ~~ PLANNING DEPBI?TM~ti~r c~nr of c«war~~ X:\Clw Applications\2006 ApplicalionslFlexible Development (PLD) 2006.doc Page 2 of 7 • • (- S i~OFifLriWATEf": PLl~.Jd SU[~MITTAL f:EQUIREitrlEhlTS: (City of Clearwater Sform Drainage Design Criteria Marnlal and 1-202.!'..?'I) ~f!\ S-I'Of~MIr~/p,TER f~J h.{?I?A°fIVE MUST BE SUE3MIT'fFD WITH ALL APPLICATIONS. All applications thatinvolve addition c.a nincii6cauon of irnper:~iou~ surfai:~, includln!; I;uiiciings, roust include a storrnwater plan chat demonstrates compliance with the City of (:It::,r.:~F,iGr St,;«i, fhaina.;r- (~cai(!n C;ritcria rnan,.ril. R. reduction in impervious surface area does not qualify as an exemption to this requirement. i _~, if ~; j;!ai; is nc;t r::iuir~d. ins rruriativ~ siril provide an Explanation as to v~hy the site is exempt. i~~~'\ ."•.t a ,iiinimurn, iP~e .`>~I'Gi<!<1NVr. f Er PLAfd shall inriude tha following; rhj~~1 Existir~(; topography exi~ndiny a0 feel bi;`,%ond all property lines, ';rte Prnl:osed gracJir~g inrlurtii,g finished floor etevaiions of all structures; ,: f ~~ P.II adjacent streets anti rnuniripal storm systen;s; ~Ul. Propnssd storrnwatar detention/retention area ir,clucJing top of i.~ank, toe of slope and outlet control. structure; ,~yt; ~ A narrative describing the proposed storme~,%ater central plan including all calculations and data necessary to demonstrate compliance with tide Ciiy rnar~ual. v-trl` {'roporse:d slnnrrraater drr.ntinn/reai:rilion area including top of bank, toe of slope and outlet control structure; j.~.. fi_l~ ~~innatr.ire and seaal of Florida F:egistererl Professional Engineer on all plans and calculations. r,OPY OF PERMIT INC.?UlfiY LE, ~ ER OR SOUTHWEST FLORIDA \NATER MANAGEMENT DISTRICT (SWFWMD) PERtv11T (`~~• SUtifv4lTTAi_ (SVJFV~/I•.~D ap;.rnval is required prior to issuance of City Building Permit), if applicable ~ . t[~'/ ACI<NUWi..EDGENiEPJ i uF STL7RNIINA'fER PLAPJ REi;iUIRENIENTS (Applicant must initial one of the following). Stoirnv:~at~r plan as naieci above is inclr.rdr;d Sicri-nv~ai2r plan is riot regc.rired and explanation narrative is attached, P,t a minimum, a grading plan and finished floor _ ~~elr:•,~aliens shall he provided. CAU`fION -- 11= APjjLIC.A'Tlni~l I~1~Vl1=~N ~Fti,Uf_'fS EN TI°IE ~CQIJ(F~EMENT FOtt A STO~MVUATE~ {'LAN Ah~1D f~lOi~E I-IAS [3E~EN SUBPli[7""E-BCi, APf~LICAI~{ON CViUS7 SE ftiFSU~M.ITTFLI AND SIGNIFICANT DELAI' nntiti~ iJCCL11-~:. If yui.; have questions rei)arding iirese regciirernents, ccniact the City Public Works. P,dministraiion Engineering Department at (727) 562-4750. t~.,~° ~L`11'I'L>rf\~1~NTAl-, Sl.IC3Ml"I"~".4L I"~L=~Ulf:k[JiCNTS; (CCri~ie Section q_?0?.A) -i:P SI~;i~JEf.~ A1~1D SR,SLED SUr;\rEl' (including legal desrripfinn of property) -One original and 't4 copies; i~~i iIFC ~;URVEI' (including :xisting tress on site and ~n~ifhin 25' of the adjacent site, by species, size (DBH 4" or greater), and location, ir;cludiiu7 drip lines and indicating trees to be rernoved) -please design around the existing trees; ~;;j~'\ 1"RE[_ I(J\/Gh~TO(?Y; pr,nparerf by a "certir"led arborist", of all trees 8" DDH or greater, reflecting size, canopy (drip lines) and condition of such trees; ~~)~ LC!C~:l"IOI~J MAF' OF 71-IE PI OPERTY; ~~~~~~ F'Al~ti<ItJG UC_L4F;PJG S'"I'UDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the sul,niiltal or ibis application, iht: rneihodoicgy of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted Traffic engineering principles. The findings of the study will he used in determining vdheiher or not d~wiaiions to the parkin,) staiu:Jards arc approved; , ~'1X i(~P.DIIJG PL.=~,h1, a5 a~>plicablr; . i , ~a;~ I'REi_IhAIIVAi?Y PLA.I", .a reciuirad (Note: Building pernrils swill not be issued until evidence of recording a final plat Is provided); f~;ii (3'` ,:?i:)f~l' C)F RECORL-)[_I:r I-'i.P, l ; as applicable; ~~- t ~'rvs~ MAR 15 2007 PLANNING 6EPARTMENT CtiY OF CLEARWATEk :~:+Cl~,v Appiicaions'c.2006 ~.pplicationslComprehensiva Infill Project (FLD) 2006.01,doc Paste 4 of 8 • • C. SITE l'LrIN SUatU71TTAL REGlUIREh~ENTS; (Section 4-202.A) ~'r SITE PLAM \•vith the folloy~ing information (not to exceed 24" x 36"): ~ ~ndex street reFarencing individual sheets included in package; _ ~ North arrov.~; t,/ gineering bar scale (minimum scale one inch equals 50 feet), and date prepared; i./ All dimensions; (/Footprint a_nd size of all EXISTING buildings and structures; ...... ~, (/~ Footprint and size of all PROPOSED buildings and structures; Ef All required setbacks; I /All existing antl proposed points of access; Lf All required sight triangles; /Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including 1/ /description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; _ {f Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrahts, storm and sanitary sewer lines, manholes and lift stations, gas (~'~and water lines; i ~~~'~All parking spaces, driveways, loading areas and vehicular use areas; il~ Depletion by shading or crosshatching of all required parking lot interior landscaped areas; ,: Location of all solid waste containers, recycling or trash handling areas and. outside mechanical equipment and all required screening j f~ der Section 3-201(D)(i) and Index #701}; 1~~~ Location of all landscape material; ,/ Location of atl onsite grid offsite storm-water management facilities; - Er._. °~~'`Location of all outdoor lighting fixfures; and ;NC,E't~ ~~~;;Pc' f ~.~' t~ i-- ~-~1 r5 -~tt,7`1~> l ,~ r ~ocation of all existing and proposed 5idewall<s. 4!/ SITE DATA TABLE for existing, required, and proposed devElopment, in written/tabular form: / •'' ~~~c-: ~i°t~ l~-rc~ l~~Fbrt~, ~ in C I , /.. EXISTING REQUIRED PROPOSED Land area in square feet and acres; ~;,.~ Number of EXISTING dwelling units; - gf lumber of PROPOSED dwelling units; i.~ Gross floor area devoted 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 & driveways, V' expressed in square feet & percentage of the paved vehicular area; ' ~fficial records book and page numbers of all existing utility , j~_ easement; V'~~ ........ ,i:°~Building and structure heights; .......... ._.._._.____._.._._.__...___.._..____.. ...____---.--..._...---..._.._....--.-- -.-..-.-.---..w___,...__...-._-- __t,/'°~Impetrrieable surface ratio (I.S.R.); and __`_ ~ ~~ _ _ _ Y _~ _ _ Floor area ratio (F.A.R.) for all nonresidential uses. Q° REDUCED COLOR 51TE PLAN to scale (8 '/ X 11)• z ' ~ FO jDEVELOPiv1ENTS OVER ONE ACRE, provide the following additional information on site plan: tt'f S1ne-foot contours or spot elevations on site; _'V',Offsiie elevations if required to evaluate the proposed stormwater management for the parcel;. (/, At4 open space areas; ®R~C7~~. iJ ~L-ocaiian of all earth or water retaining walls and earth berms; RECENE~ !,~ Lpt lines and building lines (dimensioned); ; s d d ~ pB ~1 q '•,~~ i ~ LOO _ . a treets an rives (dirrlensioned); t;"~/Building and structural setbacks (dimensioned); PLAfVNiNG DEPARTI~EfV~t ~ ,/ Structural overhangs; AT~IF . Ct1YOF CLEARVI X9CIe~ Applicatiors\2006 Applications\Flexible Development (FLD) 2006.doc Nage 4 of 7 • • k-I. LANDSCAPING PLAN SU6fv11TTAl_ REQUIREMENTS: (Section 4-1102.A) ~~ LANDSCAPE PLAN \vith the follov/iny information (not to exceed 24" x 36"): _ f~ f}ll existing and proposed structures; _ Names of abutting streets; ~~ rainage and retention areas including swales, side slopes and bottom elevations; !~ Delineation and dimensions of all required perimeter landscape buffers; ~rSiyht visibility triangles; (i~Delineation and dimensions o~ all parking areas including landscaping islands and curbing; ~Existiny trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required t' tree survey); cation, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant `~ schedule; ant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all (,~ existing and proposed landscape materials, including botanical and common names; f~`fypical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; ................ fnterior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and ~~.percentage covered; . i~ Carr itions of a previous development approval (e.g. conditions imposed by the Community Development Board); ~//Irrigation notes. ~'~ REDUCED COLOR LANDSCAPE PLAN to scale (8 %X 11); ~I COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Cede requirements to offset the areas where minimum Code will not be met. I, CiUILDItdG ELEVATI(5N PLAN SUE311iiITTAL REQUIREMENTS: (Section 4-202.A.23) tflf BUILDING ELEVATION DRAWINGS -with the following information; y~ L~ All sides of all buildings; ~- t,/~' ~mensioned; (~'`~C->5fors (provide one full sized set of colored elevations); i^~ Materials; ~~ REDUCED BUILDING ELEVATIONS -same as above to scale on 8 % X 11. ~i: nSIGNAGE: (Division 19. SINS /Section 3-1806) C~'~{\~ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height; etc,), indicate whether they will be removed or to remain.. t~~ ~lj ~ .All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; ' freestanding signs shall include the street address (numerals) ~~~~~ Comprehensive Sign Program application, as applicable (separate application and fee required), '~ ~/~ Reduced signaga proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application. ~~G~~. X:\Clw Applicalions\Z006 Applications\Rerible Development (FLD) 2006.doc Page ~ of 7 MAR 151007 PfANNING DEPARTMEN'~ CITY OF CLEARWATER ~~~~~ I~. `I-I~.AFFIC IfhPAC'i' STU17Y: (Section 4-202.A.13 and 4-801.C) LIAR 15 2007 ~. . ~~ (;(t ~~ ~nrluda if required by the Traffic Operations A~lanager or his/her designee or if the proposed development: PLANNING ®E PARTwIFh CI1Y OF CitEARV+>/,~~'~~ V/ill degrade lfie ar..;:eptable level of service for any roadway as adopted in the Comprehensive Plan. Nlill generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. Will affect a nearby roadvdaysegment and/or intersection with five `(5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall he based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. "the Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer fo Section 4-801 C of the Community Development Code for exceptions to this requirement. d'/ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. "the study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. ~.~ _.. ;t.. ,..._ Traffic Impact Study is not required.. ~ -- CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUfP.EMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED ANU SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. t... 1=1F'.E FLOW CALCULATIOIVS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of arty required fire sprinkler, standpipe and/or fire pump. ff a rite pump is requited the water supply must be able to supply 150% of its rated capacity. Compliance with the 204 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. r+~ t;~ Acl<nowle • Bement of fire flow calculations/water study requirements (Applicant must initial one of the following): j'~-,i~, j,/Fire Flow CalculationsNVater Study is included. Fire Flow Calculations/1Nater Study is not required C:AUTIOIJ - fF APPLICATION REVIEW RESULT'S If~l THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NOfVE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMt1-TED AND SIGN[FICAtdT DELAY MAY OCCUR. If you leave questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. M, tsfC~NATURE: I, the undersigned, acknowledge that all representations made in this ap tcation are true and accurate to the best of my kno~+ 'd and authorize City representatives to visit and pho gr ph the property described in this application. nature of property owner or representative STATE OF FLORIDA, COUNTY OF PIN . Swot trand s scribed before me this day of ~~~ ~ 0~ to me a or by _ o i~ n has ~„~,;~ : =~++y co/--r-tk~on Exn+r~s Nov 11 ~rrrr~aslorr t~ tm /5050 x:\Ckv Hpplicalions12006 Applications\Flexibie Development (FLD) 200o.doc ,~ ~~~' ~r I N~Ofi81 Page Ci of 7 ~ .. ~~r-•r-la~.vrr ~I~o t~l~rrl-1or71~~ i~n~NT: ,. ---- ~ _i c^,-~ o t~ (~r.c ~~I ~ ( ~r ci taw ~; f-~ ter L (_ ~ QJames of all properly ovmers nn dead -please PRIN~ fu i names) i, l-hat (I am/we are) the owner(s) and iecord title Holder(s) of the following described property (address or general location): --~~ {{ ~ / 1 2. l~fiat lifts property con"s~l~lu~f~s il~e property for which a request for: (describe request) __---- ~~ ~~~W~lr ~~~~(/Ic~ ~,4~1i~~-S ~j ~~ QI~fY~U~rvrzl(ivt ° r, vt•±. _~ti 1~_ -- 3. That the undersigned (has/have) appointed and (does/do) appoint: -1-=~~~t S~ `-{M ~~ to ~~ ~~) ~ ~ ~ ~'~~ `'d~~~-l~ ~ i ~ ~ i' ~ l~l cli hj~ ~. ~ i ~'i c~~`2 f~ /+ ~ ~ S ~ T l''1 C` as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has heen executed to Induce the City of Clearwater, Florida to consider and act on [he above described property; 5. Thai site visits to the property are recessary by Cify representatives in order to process this application and the owner authorizes City represeniaiives to visit and photograph the property described In this application; 6. Tliat (Ilvde), the undersigned authority, hereby certify tliat the foregoing is true a correct, .....r...r:~- Property O er Property Owner Property Owner Property Owner ~'~ATr OF rLORTDA, COUNTY OF PIiVELLAS ''f rf3 fore nie the undersigned, an officer duly commissioned~5y th~~e/l~aws of the State of Florida, on this 1 J day of J ~~ ,. ~~ personally appeared ~l /~.e-lr-Zlr3f ~G Jt/~,4 iD ~ who,having been frst duly sworn De(~oees and says chat he/she fully understands the contents of the affidavit chat he/she sigried. ~q~gVPpB~o DC7REEN A. WiL-I_IAMS ,L~--" ((~~„JJ(./li Notary Public My Commission Expires: ~ o MY COMMISSION # DD 155802 -,-~---i- 6ae.~sdd9~,4R~-F~Ne4saa~-Eewr boss-&-~ric~°" 6'~..~^-- ~Q~IGIf~-t, S:IPlannin~ Dopa~tinrritlApollration Formsldeve/opment rev/ewlflexlb/e development comprehensive ini/11 applicbtlon 2005.doc R~CENED ~~AR 15 2007 PLANNING DEPARTMENT CIT1o OF CLEARWATER {'age `/ of 7 - Fle::ible flevelopmenC Cornpreliensive Infiil Appiiration 2005- City of Clearwater FLD2006-06036 EXHIBIT "A" Flexible Development Application -Level Two (See attached li~Iatrix -Exhibit "C" from Settlement Agreement Belleair Manor ~ownhomes -1501 Nursery Road Belleair Manor Shops -1511 South Highland Avenue NES Project #620 Description o' f Request: To develop the vacant site with forty-seven, two-story attached dwelling units and twenty-one mixed use units containing retail space on the first floor and a two story attached dwelling above. Per Exhibit "C" (Use and Design Standard Matrix) of the Settlement Agreement as a Level Two Use with the associated Preliminary Plat for the 47 townhomes and a Comprehensive Landscape approval pursuant to Section 3-1202.G (See Landscape Narrative).. Section 3-913. General Standards for Level One and ]Level Two Approval Conditions 1. The proposed development will be in harmony with the surrounding properties as the subject site is surrounded by developments of various scale, bulk, coverage, density, and character. The area is comprised of various sized developments and a mixture of uses. Some of the surrounding uses include; Labelle Plaza which contains a Publix grocery store as the anchor tenant and approximately 15 tenants spaces consisting of various retail/service establishments. The proposed two story townhome portion of the development will be harmonious with the residential development to the north and east of the subject site. The proposed setbacks, architectural design which includes architectural elements and treatments, in addition to the proposed landscape design provide the necessary relief to accomplish the desired harmony with the adjacent properties to the west across Highland with the mixed use portion of the development. The development proposal provides a development that will be in harmony with the scale, bulk, coverage, density, and character of the adjacent properties.. The proposed development is considered permitted within the Use & Design Standard Matrix of the Settlement Agreement. 2. The subject site is located in an area that contains a mixture of uses from attached dwellings to single family residences to a busy commercial shopping center: .The proposed uses and development proposal is an appropriate use for the site and area and will not hinder or discourage the appropriate development and use of adjacent land and building or significantly impair the values. The improvements proposed within this development plan will provide a positive influence on the surrounding properties and value, providing additional support to the local business community. 3. No health or safety issues are anticipated with this proposed development. The mixed use development along with the proposed improvements will further enhance and benefit the area. All visibility sight triangles are being adhered to at the ROW and driveways, ORIGINAL . RECENED MAR 15 2007 !'CANNING DEPARTMEi~ C11Y OF GLEAR1NaTF~ C] an appropriate and shielded sanitation location is provided, the design meets all codes relating to health, construction and fire. 4. The site design provides a single access point along Nursery Road at a location where a driveway apron currently exists for the 47 townhome units and the existing access points will be utilized along Highland Avenue to serve the mixed use portion of the development. The existing apron along Nursery Road is located approximately 150' from the nearest intersection, minimizing traffic congestion. 5. The character of the surrounding area is non-defined, presenting a mixture of residential uses, supporting retail, office and service establishments in various shapes and forms. The design of the proposed development is in keeping with the character of the community, providing residential elements in combination with commercial. The proposed development will further anchor this neighborhood focal point by providing additional small business opportunities for the neighborhood in addition to providing additional attached dwellings to further support the local business community. 6. Through appropriate design any negative effects will be mitigated by providing; parking that is internal to .the site, attractive and interesting architecture, and professionally designed landscape plan with substantial plantings along the street frontages. Section 2-704 Flexible Development -Flexibility Criteria F. Mixed Use 1. Lot Area and Width: Response: Deviations to the required lot area and lot width are not required as apart of this development proposal. 2. Front Setback: Response: Deviations to the required front setback are not required as a part of this development proposal. Side and Rear Setback: a. and b. Response a.: A reduction to the rear setback of the building is not required as a part of this development proposal. Response b.: A reduction to the rear setback of the building is not required as a part of this development proposal. 3. Off-street Parking: Response: A reduction to the required number of parking spaces for the development is not required as a part of this development proposal. 4. Height: ®RIGINAL Response: Deviation to the allowable height is not required. REG~NED 1-29-07 RMR/rmr NES 620 1•IAR 1 ~ 2007 PLANNING DEPARTMENt Clllr OF CLEARWATER f - • `~4 `Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 l9 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled and folded ihto sets CASE NUMB~~ ~~~i'" d~''r~ RECEIVED BY (Staff Initials): DATE RECEIVED: ~ NOTE: A TOTAL OF 15 SETS OF`THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION WITH A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 03/29/2006) PLEASE TYPE OR PRINT APPLICANT', PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: ~ Y11~_Ytl.__.!tJ-Y_c~~.J ~ ~--s.~~*---- -- MAILING ADDRESS: ___._.__7..L...____.___~_..__..ty~....__h'~ar_.Yt~a~.__.1~~~..___(I~a.r PHONE NUMBER: _..._....~72']~ _,d~~-,_9::OD~ ._.........._._. CELL NUMBER: PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: L'7Z"7~ ~~,~~q=,,...~.5~'!O_`~____ ___.__ FAX NUMBER: CELL NUMBER: ~~Z~~_~4/~~~~.'L-3---.-____._.__ E-MAIL ADDRESS: 1. ARCHITECTURAL THEME: 7 a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the pa~cel proposed for the development. n _ __ OITY AF Ci.EARW~I~~ OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. ~ X:ICIw Applications12006 ApplicationslComprehensive Landscape Program 2006.doc Page 1 of 2 '~ 2. LIGHTING: Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. ~~ ''~~--- ~ _. ~..____w_w___.._W________..___..._.___.._._----- -..._..~~_____-------- 3. COMMUNITY CHARACTER: ~ ~~'~ ~~ The landscape treatmennt proposed in tth,,e^Co~m~pre~ensive Landscape Program will enhance the community character of the City of Clearwater. 4. PROPERTY VALUES: ~ _______ The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed fo dev lopment. ------ ~~~ ~ar,~~4.~ __.._ -__.~~~~~ - _____-_- --_._._ _._ ----- ---- ~.~.~ ~~(1~._C~~~__________._~____._ -~_~_.__._ 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN: CAN ~~ CLEARWATER The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and dop d for the area in which the parcel proposed for development is located. THE LANDSCAPING REQUIREMENTS OF ARTICLE 3, DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL ONE OR LEVEL TWO APPLICATION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE LANDSCAPE PROGRAM, WHICH SATISFIES THE ABOVE CRITERIA. THE USE OF LANDSCAPE PLANS, SECTIONS /ELEVATIONS, RENDERINGS AND PERSPECTIVES MAY BE NECESSARY TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: I, the under ed, acknowledge that all representations made in this appli n are true and accurate to the best of my knowled nd authorize City representatives to visit and photogr he property described in this application. property owner or re STATE OF FLORIDA, COUNTY OF PINEL Sworn to and subscribed before me this day of ~~P~ , A.D. 200"1 tome_and/or by who '-~ na y known s orodu d 3s id tifi n. """'••• JEFFREY IZZO •~•` ~`' PVB ••, 1~ n : ? r ~ `~ ; Notary Public -State of Fbrida Commission # OD 450540 Bonded By National NotarvAs X:ICIw Applications12006 ApplicationslComprehensive Landscape Program 2006.doc Page 2 of 2 • COMPREHENSIVE LANDSCAPE PROGRAM NARRATIVE 1501 Nursery Road -Belleair Manor 1511 South Highland Avenue -Belleair Manor Shops FLD2006-06036 NES Project # 0620 Request:. To allow a reduction in the required landscape buffer along the east property line and to allow a decreased .width for .some of the interior landscape islands associated with the mixed use portion of the development. 1. Architectural Theme: a. N/A b. .To provide a landscape plan that is demonstrably more attractive the following are some of the measures taken: i. Approximately 80% of all open available green space contains plantings. ii. .The design consists of over 6,500 new plantings, providing multiple tiers of landscaping along Highland Avenue and Nursery Road. iii. Over 240 new plantings are proposed at 8 feet or more in height, these plantings will provide substantial visual enhancement to the site and streetscape. iv. Although the buffer is not being provided along the eastern property line as prescribed by Code due to the existing configuration of the shopping center access drive; a landscape buffer and. decorative wall has been provided. along the western side of the access drive, providing the desired buffer between the two neighboring communities.. Additionally, although a portion of two of the landscape islands located within the courtyard of the mixed use area provide a dimension less than 8'; several of the islands provide a width greater much than the 8' minimum thus achieving the same square footage or greater in total.. 2. bighting: No new outdoor lighting is proposed at this time; any future proposed light Vwi 11 meet. required code. 3. Community Character: The proposed installation of over 6,500 new plantings, consisting of 19 different varieties will provide immediate visual rewards to the vicinity and' community. Additionally, the proposed plan provides landscaping that is tolerant to the Florida environment. 4. Property Values: The number, size, quality and design of the proposed plantings will offer upgraded and positive value to the immediate vicinity. 5. Special Area or Scenic Corridor Plan: N/A ORIGINAL 3.13.07 -RMR NES 620 REC~d MAR 15 2007 PLANNING DEPARTf~liEl~T CI1Y OF CLEARWAF~~ !~, ~;- ' , f-~Ta oo~ -~ CITY OF CLEARWATER APPLICATION FOR PLAT APPROVAL PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727)-562-4567 FAX (727) 562-4865 PROPERTY OWNER'S NAME I' Lt L ADDRESS ~~~ • ~~•- ~'cOtYYI~S01? ~c ~i~~~~L 3 ~-7S~G PHONE NUMBER ~~~ l,~d~ /O~_] FAX NUMBER APPLICANTS NAME I 1r jG~ ~pt.(,~ , ~n~~i ADDRESS ~!d ~ t''f' 1 ~a~~OVI ~11I~, Cle~i,c~c~,~ ~'C. 3 3 ~s-rv PHONE NUMBER (~~~~~~ DAL - 9D67 FAX NUMBER AGENT NAME Hfl(A,S~I (7~Ir~/6r-ez.°. ~~-v-~riL~2 ;~~Glr~-P>°/IY2~ ~~/1GP~4.~Yll ADDRESS PHONE NUMBER ~~) `f`-( ,S' o~YS(o`% FAX NUMBER : ( CL 1 J `f'-f'(p -CSVc3lo ~ I, the undersigned, acknowledge that all represe tatiohs made in this application are tru and curate to the best of my know ge. by U ~ is rso known to re of owner or representative u/~/~9 rourteen t741 copies or me prelimmary pear muse oe suomirrea. The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer drawn to a scale not smaller than 1: 700 and shall not exceed 24" X 36" and include the followi r pN 8t»P~e ~~.~~~~~,,,,~ NORTH ARROW, SCALE AND DATE; ~~~ $ ~t,~r' 600~'tt ~1 ceNd><3 ~0 ~ • ~ TfRE UNDER WHICH THE PROPOSED PLAT IS TO BE RECORDED; ~Ijp elaS'~!lQ~d ~N 1,1~, ~ td; J 07ZI A3M~~3t' „„~n•• NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON PREPARING THE PLAT; J IDENTIFICATION CLEARLY STATING THAT THE DRAWING IS A PRELIMINARY PLAT; LEGAL DESCRIPTION OF THE PROPERTY WITH U.S. SURVEY SECTION, TOWNSHIP AND RANGE LINES; EXISTING AND PROPOSED RIGHTS-OF-WAY AND EASEMENTS; ®RIGIIVAI. . I RECEI!/ED ,1 PROPOSED STREET NAMES; NAMES, APPROPRIATELY POSffIONED, OF ADJOINING PLATS; FEB ~ 2 2007 PLANNING DE~Arzrnnrnl~ CfIY 4F CLEARWi4)'I~i~ STATE OF FLORIDA, COUNTY OF PINELL,,PS rn to and subscribed before me this ay of L) , A.D., i'~ to me and/or ~~{ prod Page 1 ~r DIMENSIONS AND AREA OF THE FOLLOWING: THE OVERALL PLAT AND EACH LOT STREETS RIGHTSOF-WAY, INCLUDING RADII OF CUL-DE-SACS; COMMON OPEN SPACE OR OTHER LAND TO BE DEDICATED FOR A PUBLIC PURPOSE IF ANY. ORi~rrva~ RECENEa FEB 0 2 2007 ~~ANNING dE~~rl7'r~vtFNr CIiY OF CI.EgRWAi'ER Page 2 ~~ 2 of 2 Addeo„Ai ownusti~P z~fo. CITY OF CLEARWATER APPLICATION FOR PLAT APPROVAL PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, ]00 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727)-562-4567 FAX (727) 562-A865 'i PROPERTY OWNER'S NAME ~1r1 ~1-1 61 ~~~ •'T l~L:~ ~'I Ob'lGj, I ,~V1 tom'. ADDRESS C O ' t!~ 1 ~ ~ ~ (~ r i.~=~ ~l~ ~'~, ~~ . ~ l~'~ ~ 1 C PHONE NUMBER f FAX NUMBER APPLICANT'S NAME F' I_T~ Vl(,i Lt-Y-C~ ~d h ~ L ~n ~ t ADDRESS ~l~ ~ ~~ ~,a~rl5n~, tt /P ~ ~1~!'tV~(~l~(.~ ~-~~~(_ 7 ~7~~' PHONE NUMBER :~~Z1! 3D~._t~e~U"1 FAX NUMBER : AGENT NAME }~O~S1~ C.~l~10LlA~--i /U(~s/('~~~~ilC~~i~/~/1CAlV~~'~a6~iY1`(.'A ADDRESS J i (~1E~~~t ~1 ' ~Z~~~ L[f~?l~~'~i'~-l~~ ~C 5~7.~~ _ PHONE NUMBER 27 y '"~- [ FAX NUMBER : '~ 27 ~~~( ~ "" ~C ,.. I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Sworn to and subscribed before me this _ day of are true and accurate to the best of my , A.D., 19_ to me and/or knowledge. by ,who is personally known to Signature of owner or repres ntative me or has produced as identification. Notary Public my commission expires: Fourteen (14) copies of the preliminary plat must be submitted. The preliminary plat shall be prepared by a surveyor, architect, landscape architect or engineer drawn to a scale not smaller than 1: 100 and shall not exceed 24" X 36" and include the following information: NORTH ARROW, SCALE AND DATE; TITLE UNDER WHICH THE PROPOSED PLAT IS TO BE RECORDED; NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON PREPARING THE PLAT; IDENTIFICATION CLEARLY STATING THAT THE DRAWING IS A PRELIMINARY PLAT; LEGAL DESCRIPTION OF THE PROPERTY WITH U.S. SURVEY SECTION, TOWNSHIP AND RANGE LINES; EXISTING AND PROPOSED RIGf1TS-OF-WAY AND EASEMENTS; PROPOSED STREET NAMES; NAMES, APPROPRIATELY POSITIONED, OF ADJOINING PLATS; ORIGINAL RECENED ~lAR 19 2007 PLANNING DEPaRTMENF CITYOF CLEARWATER Pale 1 i U~ ~ n ~~QUU J `~ LETTER OF AUTHORIZATION ~,VO This letter will serve as authorization for Housh Ghovaee (agent Name) with Northsilde Engineering Services, InC. to act as an agent for Highland Group Clearwater, LLC (Property Owner's Name) And to execute any and all documents related to securing permits and approvals for the construction on the property generally located at Highland Avenue & Nursery Road (Property Location) PINEL S oun ,State of FLORIDA. ignatu of operty Owner 710 S. Fort Harrison Avenue Address of Property Owner Pinellas, FL 33756 City/State/Zip Code Nicholas Ferraioli Print Name of Property Owner Agent Title (727) 446-9204 Telephone Number Stat ~of~ The foregoing instrument was acknowledge before me this ~_ day County 2 b [~i~ /,' , as ` ~~~~~~ who is personally known to me or who has produced ~ I~' as identification and who did (did not) take an oath. ature) Commission # (SEAL ABOVE) (Name of Notary Typed, Printed or Stamped) RECEIVED NOV 2 9 206 Notary Public PLANNING DEPARTMENT CIN OF CLEARWATER I#: 2006042938 BK: 14912 PG: 2103, 02006 at 01:55 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $22400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM82 RETURN T~b~V ' I Keystone Title gency, Inc. ',~`' 1 d1 ~-1 9735 U.S. Hwy. 19 ,,~ - •, 1~ v Port Richeyy, Florida 34668 ,% r•. `? ~, Prepared by and Reim•n to: Lisa Ferguson ~~tcst Coast Title Agency, LLC 33I Anlcote Rd, Suite 105 "I'arpou Springs, Florida 34689 '~~ }.,_. incidental to issuance of a Titte insrau'tce-Policy file Number: 35595WC %• ~:. ;' ''tit;*:,°;; • General Warranty Deed Made this February 2,.2;046~>Q.D. By Edmund S. Whitson, Jr., a married man, 231 Windward Island, Clean~~ater, FL 33767; tvho~e mailing address is: 231 Windward Island, Clearwater, FL 33767, hereinafter called the grantor, to hligh..t'stijt~;~•roup Clearwater, LLC, a Florida Limited Liability Company, whose post office adch•ess is: 710 Soi%tli;F"ort Harrison Avemte, Clearwater, FL 33756, hereinafter called the grantee: (WI\enever uspl Jrcrcin.lhe term "gremor" m\d "grantee" include all ttie ponies m ibis instrument m\d the heirs, legal representatives and assigns of IIUII-Vld lln lS„'01111'' Ili~'yllccessor5 and assigns of i:oryoralions) ti Wutttc~s~th, that the grantor, for and in consideration of the sum of Three Million Two Hundred Thousand dollars 8c%1t:9. Celts, ($3,200,000.00) and other valuable conside-rations, receipt whereof is hereby acknowledged, hereby grants, bm wins, sells;. aliens, remises, releases, conveys and confirms unto the gran-tee, all that certain land situate in Pinellas County, Florida, viz: " •; ,tip-.,:,.>" , 1 ,See A'tPaehcd Schedule A ~''•' ,` Saul liioperty is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in [hat neither Grantor(s) or any members of the household of Grantor(s) reside thereon. •'~` ParcellD Number: 23-29-15-00000-340-0300 'Subject to covenants, conditions, restrictions, reservations, limitations, easements and agreements of record if any; taxes and assessments for the year aG;,Y and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by ~,overnmental authorities, if any. "together with ail the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and fo Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the "raptor has good right and lawful authority to sell and convey said land; that the grantm• hereby folly warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of ell encumbrances except taxes accruing subsequent to December 31 ~."~OQy In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. S fed and cf red in our presence t.\~ i'riniet amc ~~~_~ l f'oStyr/ =~ ~"t \Niincss I'rin and Name ~ .n titate of Florida County of Pinellas _ .~ ~.. . "I'he loregoing insn'ument was acknowledged b ebruary 2, 2006E tugd S. Wl~i ~ n, , a married man, who is/are personally I:nown to me or who has prods d drivers license 'dentificatioi f~ 1150 A. Ferguson fioht ~ 1'u is / 8 My Commissbn DD1748N 'C unl ion Espires. 7 ~aM ~OireS January 03. 2007 SCfl I: ORIGIN RECENED ~~~ 2 9 2006 PLANNING DEPARTMENT CITY OF CLEARWATER Cluxr's C'huice Individual \4lnrmnty Deed ~ :. ."~. PINELLAS COUNTY FL OFF. REC. BK 14912 2104 A parcel of land in:the StV-"/< of Section 23, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: ~; .: Commence at,the~~Iditheast corner of the SE'/< of the S W '/a of said Section 23, and go North 89°07'57" W:;es~,$06.38 feet, along the North boundary of the SE'/< of the SW '/< of said Section 23, also being;the,centerline of Nursery Road, to the Point of Beginning; thence South 00°21'40" East, 36Q:44~.#'eet; thence South 89°40'43" West, 263.09 feet; thence South 00°19'17" East, 2] 1.81;feet;~ihence South 89°40'43" West, 245.00 feet to a point on the East right-of--way line of Highland`tfiuenue; thence North 00°19' 17" West, 582.79 feet along said East right-of--way line to a po.iciY;Qn•~the North boundary of the SE '/< of the S W '/< of said Section 23, also being the ceri'tetiiri~'of Nursery Road; thence South 89°07'57" East, 507.95 feet along said North boundary (th@.ceiterline of Nursery Road) to the Point of Beginning. LESS: Right of Way for Nursery `";T~pgether with Reciprocal Easement, Restrictions, and Operation Agreement recorded in Official ~• "•-~2~cords Book 8324, Page 831, as amended by instrument recorded in Official Records Book "8428, Page 2327, of the Public Records of Pinellas County, Florida. • ORIGINAL RECENED Nov 2 9 zoos PLANNING DEPARTMENT CITY OF CLEARWATER ~~ '27/2006 08:09 727562 PUBLIC UTILITIE i ~LC~I/t/ TAT CITY' [)F G~,~A,E~MIATr:R WA'~~I~ DEPARTMF'IJT PAGE 02 r LOGATIC-ll~ C7 ~ ~~ r~i f~~ ~ L,G`/'"~~. /.' ~Gl' s (~A'1"~ C11: TEST ~ (Q ~ '~ STATIC- pSl 1..~ ~~ ~"~ ~ l CUSTOMER R~QUESTING'~'IwSt ~h~ RECE~r~ FEB 0 2 ~~O l FANNING Ve~~, ~ av: ; a,~~ C11YOF CCEpR~,y~~h l ~~, i~27f 2006 08:09 7275624 PUBLIC UTILITIE PAGE 03 ~LW TEST CITY OF GLEARWATER WATER al=~'ARTMI=1N1r gATI= Q~ TEST ~~ STATIC• PSI RE:31gUAL Pul ~ I _ -, ~~ t _~ PIT(~T PSI HYDRIIN'~ # l (( / // MISC.. ~`~f ~ ~ ~. f ~ ~° ~ ( ~ . CI„I$T'C7MER REQUESTING TEST ORIGINAJ. RE~F.11iED ~~~ ~ 2 2007 ~~-~~~~ uE~'~+RrfVtENr CIS ~~ ~EEARWATER or~~~~c~ ~~~. CIVIL e LAND PLANNING o ENVIRONMENTAL ~ TRANSPORTATION ~ STORMWATER REPORT FOR HIGHLAND AND NURSER Y ~• . Ram A. Goel, Ph~3, ``~. ~ , rs .: ;:.~ F ~{. ~~: ORIGINAL f(; ~ ''r ' ~ -_ >; RECEIVED ' `'` ~_-:: STA7t OF.=-:;--: '"=' °° to cctt (Q~ 1ee1ff11 hhnn N -_ '~e~r, ~.8,t.2....9,CC636` ~ ~ ... E ...•'~X ti V 2l OY vrn` ` a..f rf.~.,a...r,~/~Y/'~lr,'s.~ x~ _ MANNING DEPARTMENT ~I~! QF CLEARVNATER 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH ~~MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 • • DRAINAGE NARRATIVE The project is located in section 23, township 29 and range 15 in the City of Clearwater. The contiguous owned property is 13.3 ac, however the project area is 5.46 ac and consists of the construction of parking, road infrastructure, storm management system and utilities and results in the following: • Total post construction of 177,995 S.F. of impervious area which is equal to and impervious surface ratio of 74.9% The project area was originally designed to drain to a retention area located offsite. The retention pond was designed to accommodate an impervious surface coverage of 80% (ERP No. 402642.000, 402642.001 and referenced in attached legal settlement. Because the total proposed and existing impervious to remain within the project area results in only a 74.9% impervious surface ratio, no additional retention for the project will be included. Connection to the existing retention will be made via a 15" RCP into an existing inlet on the southern 1/3 of the property and via an 18" RCP into a separate existing inlet on the northern 2/3 of the property. ORIGlNq~ RECEIVED r:~`J 2 9 2eos PLANNING DEPARTMENT CITY OF CLEARWATER tc ~ .. VJFST pZ~ ~~ ~n G~~r~.~':"7. i o '. ~r ~~~ oy ~AGEM~ An Equal Opportunity mployu Talmadge G. "Jerry" Rice Chair, Pasco Judith C. Whitehead Vice Chair, Hernando Neil Combee Secretary, Polk lennife- E.,Closshey Treasurer, Hillsborough Thomas G. Dabney Sarasota Heidi B. McCree Hillsborough Sallie Parks Pinellas Todd Pressman Pinellas Maritza Rovira•Forino Hillsborough Patsy C. Symons Desoto David L. Moore Executive Director William S. Bilenky General Counsel Bartow Service Office 170 Century Boulevard Bartow, Florida 33830.7700 (863) 534-1448 or 1-8C0-492-7862 (FL only) SUNCOM 572-6200 January 26, 2007 Lecanto Service Office Suite 226 3600 West Sovereign Path Lecanto, Florida 34461-8070 (352) 527-8131 ~~ ~~ 2379 Broad Sheet, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 531-6900 Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 ~/ ~i~,i~ ~ g ~c~~®Ri1G~NAL V o RECENED Nicholas Ferraioli Highland .Group Clearwater, LLC twAR 151001 710 South Fort Harrison Avenue PLANNING DEP Clearwater, FL 33756 CIIYOF ARTMENT CLEARWATER Subject: Final Agency Action Transmittal Letter ERP General Construction Permit No.: 44002642:002 ~ ~~~ 2 9 ZQd7 Project Name: Belleaire Manor and Belleaire Manor Shops County: Pinellas Sec/Twp/Rge: 23/29S/15E Dear Mr. Ferraioli: This letter constitutes notice of Final Agency Action for approval of the permit referenced above. Final approval is contingent upon no objection to the District's action being received by the District within the time frames described below. You or ary person whose substantial interests are affected by the District's action regarding a permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statute, (F.S.), and Chapter 28-106, Florida Administrative Code, (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must: (1) explain how fhe substantial interests of each person requesting the hearing will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-106, F.A-C. Copies of Sections 28-106.201 and 28-106.301, F.A.C. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United ,States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request for hearing. Enclosed is a "Noticing Packet" that provides information regarding the District Rule 40D-1.1010, F.A.C., which addresses the notification of persons whose substantial interests may be affected by the District's action in this matter. The packet contains guidelines on how to provide notice of the District's action, and a notice that you may use. The enclosed approved construction plans are part of the permit, and construction must be in accordance with these plans. •. ~ ,' Permit No.: 44002642.002 Page 2 of 2 ~ January 26, 2007 If you have questions concerning the permit, please contact Richard M. Alt, P.E., at the Tampa Service Office, extension 2045. For assistance with environmental concerns, .please. contact Rick A. Perry, P.W.S., extension 2056. - Sincerely, Alba E. Mas, P.E., Director Tampa Regulation Department AEM:RMA:RAP:gjn Enclosures: Approved Permit w/Conditions Attached Approved Construction Drawings - Statement of Completion Notice of Authorization to Commence Construction Noticing Packet (42.00-039) Sections 28-106.201 and 28-106.301, F.A.C. cc/enc: File of Record 44002642.002 Ram A. Goel, Ph.D., P.E., Northside Engineering Services, Inc. -~ SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE GENERAL CONSTRUCTION MODIFICATION _ PERMIT NO. 44002642.002 Expiration Date: January 26, 2012 PERMIT ISSUE DATE: January 26, 2007 This permit is .issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapters 40D-4 and 40, Florida Administrative Code, (F.A.C.). The permit authorizes the Permi.ttee.to proceed with the construction of. a surface water management system in accordance with the informatiori outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto.and kept on file. at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. PROJECT NAME: Belleaire Manor and Belleaire Manor Shops GRANTED TO: Highland Group Clearwater, LLC X137 710 South Fort Harrison Avenue ~ JAN 2 9 ~ Clearwater, FL 33756 ABSTRACT: This permit authorizes the construction of a mixed use multi-family/commercial development and the associated infrastructure. The proposed project drains to a surface water management system permitted and constructed under MSSW Permit No. 40002642.000. The applicant has demonstrated that the proposed project is within the permitted design parameters. OP. & MAINT. ENTITY: COUNTY: SEC/TWP/RGE: TOTAL ACRES OWNED OR UNDER CONTROL: PROJECT SIZE: LAND USE: DATE APPLICATION FILED AMENDED DATE: Highland Group Clearwater Condominium Owners Association; Inc. Pinellas 23/29S/15E 13.30 5.46 Acres Commercial November 30, 2006 N/A ORIG11Vq~ RECE~D MAR 1 s 2001 ~NING p,Ep OF Ct ARTiy-EIVf ~N/ATER Permit No.: 44002642.002 I. Water Quantity/Quality Page 2 of 3 January 26, 2007 ~y Attenuation and water quality treatment are not required as the proposed project drains to a surface water management system permitted and constructed under MSSW No. 44002642.000. A mixing zone is not required. A variance is not required. 100-Year Floodplain Encroachment (Acre-Feet of fill) Compensation (Acre-Feet of excavation).. Compensation Type .Encroachment Result (feet) 0.00 0.00 N/A N/A Environmental Considerations No wetlands or other surface vVaters exist within the project area. A regulatory conservation easement is not required. A proprietary conservation easement is not required. SPECIFIC CONDITIONS 1. If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit shall terminate, pursuant to Section 40D-1.6105, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums. 2. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to: Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637-6759 The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted. 3. The Permittee shall retain the design engineer, or other professional ergineer registered in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the professional engineer so employed. This information shall be submitted prior to construction. 4. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to the Tampa Service Office a written statementof completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity form identified in Chapter 40D-1.659, F.A.C., and signed, dated and sealed as-built drawings. The as-built drawings shall '~` identify any deviations from the approved construction drawings. Janua 26, 2007 Permit No.: 44002642.002 Page 3 of 3 ry 5. The District reserves the right, upon prior notice to the Permittee, to conduct on-site research to assess the pollutant removal efficiency of the surface water management system. The Permittee may .be required to cooperate in this regard by allowing on-site access by District representatives, by allowing the installation and operation of testing and monitoring equipment, and by allowing other assistance measures as needed on site. 6. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Tampa. Regulation Department:, a. homeowners, property owners, rnaster association or condominium association articles of incorporation; and b. declaration of protective covenants, deed restrictions or declaration of condominium. The Permittee shall submit these documents either: (1) within 180 days after beginning construction or with the Statement of Completion and as-built construction plans if construction is completed prior to 180 days, or (2) prior to any lot or unit sales within the project served by the surface water management system, whichever occurs first. 7. This modification, Construction Permit No. 44002642.002, amends the previously issued Construction Permit No. 40002642.000, and adds conditions. All other original permit conditions remain in effect. This permit is issued based upon the design prepared by the Permittee's consultant. If at any time it is determined by the District that the Conditions for Issuance of Permits in Rules 40D-4.301 and 40D-4.302, F.A.C., have not been met, upon written notice by the District, the Permittee shall obtain a permit modification and perform any construction necessary thereunder to correct any deficiencies in the system design or construction to meet District rule criteria. The Permittee is advised that the correction of deficiencies may require re-construction of the surface water management system and/or mitigation areas. GENERAL CONDITIONS The gerieral conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them. ~~ r ~o Authorized Signature ORIGINAL RECEIVED MAR 15 2007 PZANNING DEPgRrMENI CIiYOF CLEgRWATE ANALYSIS • OF EXISTING NORTH POND SUFFICIENCY FOR .BELLEAIR MANOR AND BELLEAIR MANOR SHOPS ekF1 et11 I to N'~ Ram A. Goel, ph.-,~•E•.~4~431. •, •~~ . -: ~ ... ~ a O~ ~f, e (`i • „= ~, .. . • ~, • _ //~~p~(~ ~~/~{ .~ • ~ ~~^yt~'n Vii" /. REC~IVE[3 ~ ,.. - ~'. ~`•..•••trr ' March 09;*~ ~•?OF~-'_'~~ ~iAR 15 2007 project No.'`0'6 '~ "'' ~LANNINC DEPARTMEiV'C CITY OF CLEARWATER ~~: C>Aiirf~~''J~ ~V~'.? ja iJ `: ~`l(~ iiL:.l_.~'r ~"'. i•!~STEi:'-i~:::7;~'~INDSP~If~iC.Cr~, 727 • 443 • 2869 FAX 727 • 446 • 8036 ~. •M • • Analysis of Existing North Pond Sufficiency The Belleair Manor &Belleair Manor Shops project is located in section 23, township 29 and range 15 in the City of Clearwater, Pinellas County. The contiguous owned property as per SWFWMD approved plans is 13.332 ac (580,742 SF). This project area is 5.456 ac (237,663 SF) and consists of the construction of new buildings, parking, road infrastructure, and utilities and results in the following: • Total proposed construction of 177,315 S.F. of impervious ,~ ;'~ - :a :, , ~`~ In 2001, calculations suplementing the original calculations submitted in 1987 were submitted to SWFWMD and approved which indicate the north and south pond storage capacity. The pond serving the proposed development in the submitted calculations have the following design criteria: Drainage Area = 5.45 acres Proposed CN of 94.0 Peak allowable discharge rate for the north and south ponds for the 25year/24hour Type II Florida Modified of 15.21 cfs. The following curve numbers (as approved) were used to calculate the proposed curve number: • Pervious CN = 72 • Impervious CN = 98 • Pond CN = 100 Yields the following formula 94 = [100 x 0.302 + 98 x Y + 72 x (5.148-Y)]/5.45 94 = (30.2 + 98Y + 370.66 - 72Y)/5.45 512.3 = 400.86 + 26Y 111.4 = 26Y Y = 4.285 acres Or a designed impervious of 186,655sf. Because the proposed impervious is 177,315sf, the north pond will continue to attenuate for the ~5yr/24hr storm as permitted. ®RIGINAI RECENED MAR 15 2007 PL~AINING DEPgRTIViEN CIIYOF CLEARW~4~~~; Hydra#low Plan View 3 2 ~ °° ~ ~ n v '~' nrtr ~ ~ ~ n~ ®~ ~ y '"' °o '~+ m ~ -~ Uuttall • .- ~_ ~ Project File: 0620 -Highland and Nursery Storm Sewer Tabulations 010307.doc ~ No. Lines: 9 ~ 01-04-2007 ~ C=~~ 1 ~ 2p0~ Hydraflow Storm Sewers 2005 ~~0 Storm Sewer Tabulation a Page- 1 -. ... ,.. Station Len Drng Area Rnoff Area x C Tc Rain Total Cap Vel Pipe Invert Elev HGL Elev Grnd /Rim Elev Line iD c ff I fl ll f oe ( ) ow u Line To Incr Total Incr Total Inlet Syst Size Slope Up Dn Up Dn Up Dn Line (ft) (ac) (ac) (C) (min) (min) (in/hr) (cfs) (cfs) (ft/s) (in) (%) (ft) (ft) (ft) (ft) (ft) (ft) 1 End 40.0 0.07 3.76 0.72 0.05 2.71 15.0 19.4 5.6 15.03 15.58 6.07 24 0.47 54.17 53.98 55.74 55.37 59.00 59.32 EX-13 2 1 80.$ 0.28 3.00 0.72 0.20 2.16 15.0 19.1 5.6 12.08 7.96 3.85 24 0.12 54.27 54.17 57.00 56.76 58.50 59.00 13-7 3 2 100.0 0.23 2.72 0.72 0.17 1.96 15.0 18.6 5.6 11.06 14.83 3.52 24 0.43 54.70 54.27 57.39 57.15 60.50 58.50 6-7 4 3 145.0 0.23 2.49 0.72 0.17 1.79 15.0 17.9 5.7 10.28 11.88 3.27 24 0.28 55.10 54.70 58.00 57.70 60.00 60.50 5-6 5 4 82.0 0.34 2.26 0.72 0.24 1.63 15.0 17.4 5.8 9.42 11.17 3.00 24 0.24 55.30 55.10 58.42 58.28 61.30 60.00 4-5 6 5 145 0 0 54 1 92 0 72 0 39 1 38 15 0 16 5 5 9 16 8 20 58 2 60 24 0 83 56 50 55 30 58 85 58 66 60 50 61 30 4 3 • . . . . . . . . . . . . . . . . . . . - . 7 6 120.0 0.50 1.38 0.72 0.36 0.99 15.0 15.9 6.0 5.94 10.72 3.36 18 1.04 57.75 56.50 59.25 58.91 60.25 60.50 3-2 ii 8 7 115.0 0.88 0.88 0.72 0.63 0.63 15.0 15.0 6.1 3.86 5.79 2.19 18 0.30 58.10 57.75 59.77 59.61 60.60 60.25 1-2 9 1 45.0 0.69 0.69 0.72 0.50 0.50 15.0 15.0 6.1 3.03 3.33 2.47 15 0.27 54.29 54.17 57.00 56.90 58.70 59.00 I 12-13 ~_ ~~~~ E 6y1~ 15 O0T ~ NIA ~ pE NT ~ OI CCE~A ATE Project File: 0620 -Highland and Nursery Storm Sewer Tabulations 010307.doc Number of lines: 9 Run Date: 01-04-2007 NOTES: Intensity = 128.72 / (Inlet time + 22.70) ^ 0.84; Return period = 10 Yrs. ,... n 9 HydraFlow Storm Sewers 2005 ~~ Nor n~i~ • DRAINAGE CALCYJL.A~TIONS . fOY: La~~lle Plaza CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ;~`a,~ • ~yC~ :=~ A .~> r +y, ° ,;,,,lazy : , ?~7~j ~ ~s}'v/~'~%DI~~~~ ~, Gary A. Boucher, P.B. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N DS PRI NG.COM ~I~IGINA~. 9~ECENEQ MAR 15 2007 PLANNING DEl~ARTf~itttvT CITY OF GI.EARWATER October 23, 2001 Proj ect No. 0111 L, ~ LaBelle Plaza Table of Contents Project Narrative ........................................................................................................ Calculation Summary ................................................................................................ Site Location .......................................:.....:.........:.................................:.................... MRCS Soils Information .....................~.......................:............................................. North Pond Drawdown Analysis ..................:.............................:............:.......:........ South Pond Drawdown Analysis ............................................................................... Confirmation of Original Design (25-year / 24-hour Pre/Post Analysis) Pre and Post Hydrbgraph Surmnaries ............................................................. Post-Condition Routing Input .......................................................:................ Node Maximum Conditions....:..' .................................................................... North Pond Time vs. Stage Graph .................................................................. South Pond Time vs. Stage Graph .................................................................. 1 2-3 4 5-7 S 9 10 11-15 16 17 18 ~~;~`FtiE5lFj0, %~~ ~v ~'~'de~ ~. ~,%~,, T~~;aq LaBelle Plaza PROJECT NARRATIVE • The project is within the existing LaBelle shopping center site located in the northeast corner of the Highland Blvd. and Bellair Road in Section 23; Township 29 south, range 15 East within the Clearwater. The total. acreage of the shopping center is 13.3 acres. The project received MSSW Permit #402642 in 1988. The stormwater management system consists of a storm sewer system that conveys runoff to two walled, wei:-bottom detention ponds utilizing filtration beds to provide water quality treatment of the first %2-inch of runoff from the site. The design of the ponds included two future development parcels in the north end of the site. It is proposed to demolish the existing Winn Dixie supermarket and replace it with a new Publix supermarket on approximately the same size. In addition, the parking area in front of the supermarket will be re-worked to accommodate angle parking with a drive aisle being structurally supported over a portion of the north detention area: The proposed modifications will not change the amount or character of the runoff being directed to the pond. The filtration beds on both pond will be removed and re-constructed to their original dimensions.. The support walls for the drive aisle reduce slightly the volume in the north pond. Consequently, the control orifice in the north pond will be adjusted upward by 0.05' in order to maintain the required water quality volume. Similarly, the City of Clearwater stormwater. requirements have been verified and the 25-year / 24-hoof- Pre versus Post analysis has been re-created to confum /, ~J-~~;ddE~ f c( a„ the original design parameters. ?', ~~ f,. ;_,, QO ~ .:: i .~ ~ItIGINAL ~ ~~~r~~~ RECENED G``'~~Nr~is~`~` MAR 15 2007 f , PLANNING DEPARTiVIEtV`t CITY OF CLEARWATER • .~aBelle Plaza C;~lculation Summary WATER QUALITY: North Pond Drainage Area = 5.45 acres' Volume equivalent to 1/2 -inch of runoff Vol = 5.45 x 43,560 x 1/24 = 9,892 c.f: = 0.2271 a.f. Top of Filter = 51.70 Existing Pond Area = 13,666 sf Proposed Pond Area = 13,666 - 0.67(3'68+368+28+28) = 13,129 sf Volume is achieved at elevation 51.70+ (9,892/13,129) = 52.45 (existing orifice invert = 52.40) Drawdown is by filtration bed in 15.4 hours South Pond Drainage Area = 7.85 acres Volume equivalent to %2 -inch of runoff Vo1= 7.85 x 43,560 x 1/24 = 14,248 c.f. = 0.3271 a.f. ~ . Top of Filter = 48.00 - Existing Pond Area = 21,160 sf Proposed Pond Area = no change Volume is achieved at elevation 48.00 ± (14,248/21,160) = 48:67 (existing orifice invert = 48.67) Drawdown is by filtration bed in 15.3 hours CITY OF CLEARWATER RETENTION: NGRTH POND Pre-Condition Coefficient ofRunoff = C1 = 0.2 1j~;;'rsCJi'~: .... Post-Condition Coefficient of Runoff == C2= 0.9 ":' ~ =;~ ~ Volume required for 50-Year / 1-Hour storm: ~ ~~,o@T ' `' r~~~ < ~~Aq VR = (CZ C,) x AC x I x3,600 s~~c/hr ~'y~-DISTRIC~ VR = (0.9-0.2) x 5.45 x 4.0 x 3,500 = 54,936 cubic feet Volume Provided in North Pond @ Elevation = 51.70 + 54,936 / 13,129 =.55.88 iviinimum Top of Pond Elevation = 58. i Freeboard Provided = 58.1 - 55.88 = 2.22' 1 • SOUTH POND Pre-Condition Coefficient ofRunoff == C1 = 0.2 Post-Condition Coefficient of Runoff = C2= 0.9 Volume required for 50-Year / 1-Hour storm: VR = (CZ-C,) x AC x I x3,600 ;~ec/hr VR = (0.9-0.2) x 7.85 x 4.0 x 3y600 = 79,128 cubic feet Volume Provided in South Pond @ Elevation = 48.00 + 79,128 / 21,160 = 51.74 Minimum Top of Pond Elevation = 5~~.00 Freeboard Provided = 56.00 - 51.74 =,4.26' ATTENUATION (25-YR / 24-HR Storm): 25yr/24hr PrelPost; Type II, Florida l~'Zodified Pre-development Peak Q =15.21 cfs Post-development Peak Q = 14.08 cfs Peak North Pond stage @ elevation 57'.54 (F.B = 0.56') Peak South Pond stage @ elevation 54.31 (F.B. = 1.69') ~~~~Sj FLO~jj~9, ~J Recs~~sd ~9~ • Ju ~ m~'i ~OOI y RRD-TAi:fpA ~• /yT[Il~ U\J .. ~I`'~I, V ~ RECENED BAR 15 2007 PLANNING DEPARTMENT C1N OF CLEARWATER ~1' ` ripeka ~ ~ ___-___a~___-____ H'u'dspr lfj/ HARPER RD - ~b50N.~BEq'CM ~ ,9P ~' ~ ~a ~ p Q C ;:.''.~.aan yo. 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Cos 3 - ~ a -,. , ~CerPs ~_ 0 I ~~ .. ~; 597 ~ ~ 3 n `~ w Tarpon I 1 ae~' Woods I ~ ~' Nonhdale. ~ 581 a , ~ _ ~ 75 .^ Chrus I 19 ~ Park EHRUCN sal ,. a l~ R ~ .e ~ ryN ~ ( C rlOIIWOOd ~~u ~ F ET HER `•AV J/ 4 / ISWaNII'^ .aa "~lppi ~ ','3.XS •. 'nto / ~ I SON ~_I ~~'Aafk ~~ ,IJ IN V ST , u° P O1ds~a \ y ~ i W WAT A W ~ ,WAT AV. 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NHS .. , .~/~~` L~~[:~"71I~0~ f: MtLVICJPAi ~'fYIpSS:^~ '~ CENTRALv AVy ''^M4~1.1'S HQ!)iJrY $XN/e/,F ,(s"~ `Crr:asuxe F T €5 ^~~ rNS /~` 'r , tj L AYR Nr`/1 PI#it\ l' /\J ~~ iY4 ~ P~s dens CEN 'yw V !! fi' \\ + AF BSI tf' I y ~S h1~~! 8e - P - li...._+ CIS T'~'~3`~i ~ Q~~ *,~/R' S`th11XON1.:_ .... w>;uaaepdn ~ .:' ~ ,.....~' zN Av s .~, R. ~ L' ul.~nt`~.f 4~ CI: ~.PA~K" y,, iLNwN~i~xhT ,i ~„~gd~r'.;s:A• e ~ fi •:? ~~ '~ $tt P~9ters0LSrg- ,~aa~,~ aTH AV s . - ~ ~ Rus( e ]~~y ' beach. ~~_. }I. ezND Av s r lJ l.Ue ~T ._..~1+`yk'i~.'~ .~u9flSsfACRS I EcxEwi., ~l,\x~4 Inlet '' 6 F j 1 ' p As k Gk Ilb'~ •. H. GEO .P _I J / ~. E n ~erta ~ o. ~ c'aeks,~~~ ..., ~- e t kSife ti,r Bgetnn y '~'~ / ~~~I ~~ fo4G KtYI °~•" ,, >,, ; .. w~ , .:, -'•~°~ sun ctry i ' - .. ~ 6 1 WILALIlF s ' r /gQP L .. ~NGfr... Y%r ~ .'v'_',_ _ Vslrnr:__:a=..., ... ('-~.-^'J\'C . ~ - fi1RXA~Ox ,f f s Y ~ 4 PWnC. ;, 2 ` o T" ~. . .. Mu/Jer ~R}' s~ `~ ~' N ~ rAanaroR ~ I°'~v? r PZ`i+ ,7 ... F19Nt~• . eex SSk w?r. GoU J ~ 41 - 4 do do •.__ t1 ".ir.n u.. ~~~ aa.,T.l,n.. ~"'72YLC~ ... t. ~ a ~ 7 ~ _ ¢°I I r.l.l _ / w.. R/VER 4 RAND N ~~' ~~~ Aipµrlt q ` 301 . NME$ /RD ' ~ I RNODIN RD HDyettO I 1 Ito-._ $ I ^ ~ l } 172 aEND AD: "' _ t i= ' 9ALN RD ~~~~ R ~ -"!l _4 ~ !BALM- PR;NIC RDUI~ .._.;T .. Hal r ^ ~ / ~- ; ~ ' 1 I ~ 5 f0.iY LOOP RD'/ ' ~ •~¢ ~~ r o' G " e ~ ( _ ; ~ ent r Wrmauma <IN- WIMA NA RD ~ ~/~ , / , \ 3 l,, ` ~ O TO iORYM~ADE ~ ~ i ~~ ' ':c; l a / I ~ ce.xa eoeP ,.i r~•= ,l , 1 ~ , . ~ ~ / tya ~ t4 I / ~ti_ :_ \~ NANATEE ~~ T COUNTY ~~ ~ . , ; ~~ ti ; J , a , 14' N v m W , O • O'. ~, Q O O.t o', ~, o •o -.~. ~.. + :.ur, ~. ,.V, N. O' Q. O N O O O M O. O a a 0 0 ~. r. PINEL.LAS COUNTY, FLOE • 3~ SOII. SIIRVEY Soil na~~ snmbolppmg Flood hazard Depth to seasonal high water y table Adamsville: Ad_______ ___ Once in 20 to 50 ye:~rs for 2 to 7 days. __ AstatuIa: , AfB---------------- --- None-- --------------- --------------- ------ None- ~ _.._~j. As---------------- - ----------- ----- ----- --- None-------------~---------- -- Astor: At_________________ ___ Every yearfor6mo.nthsor Au----------------- more. y year for 6 mo --- Ever ~ths or more. Charlotte: Ch_________ __ Every year for 1 to 6 months--- Coastal beaches: Co_____ Elred: Ed______________ Felda: Fd--=----------------- Fe------------°------- _ Varies with ticle____:._____ Once in 5 to 20 years for 7 to 30 days. Once in 5 to 20 years: for 7 to 30-days. Every year for 1 to 6.months___. Fellowship: Fh__________ Immokalee: Im__________ Made land: Ma, Md. No valid_EStiffiates can be made. .Manatee: M n_______---- Myakka: M y__________-. Okeechobee;- Ok_________ Oldsmar: Om____________I None------------- Once in 5 to 20 years ::`or 7 to 30 days. Less than 10 inches for 1 or 2 months. - More than 80 inches all year~~~ _ More than 80 inches all year--- - From 40 to 60 inches for 6 to 12 months. Less than 10 inches for 6 months or more. Less than IO inches for 6 months or more. Less than 15 inches for 2 to 6 months. Varies with. tide_____________ Less than IO inches for 1 or 2 months. - Less than 10 inches for 2 to 6 months. Less than 10 inches for 6 to 12 months. Less than 10 inches for I or 2 months. Less than 10 inches for 1 or 2 months. Every year for 1 to 6 inonths__~_ Less than 10 inches for fi to 12 months. Once in 5 to 20 years for 7 to I Less than 10 inches for 1 to 4 30 daps. months. Every year for 6 to 12 months- _ I Less than 10 inches for 6 to 12 months. Once in 5 tv 2v _____;., e_ i yca.in iur 7 to I Less than 10 inches for 1 or 2 30 days. months. Orlando: 0 r_____ _ _ _ _ _ _ _ Once in 5 to 20 3rears for 7 to Less than 10 inches for 1 or 2 30 days. months. Palm Beach: Pa_________ None______________ __.________ From 40.to 60 inches for 6 to See footnotes at end oP table. _ 12 months. TABLE 5.-Estimated engineering [Absence of data means Depth Classification from surface USDA za~~ 0-80 Fine sand_____________ 0-8( 0-8( 0-8( 0-2E 26-8C ~I) 0-80 ~') 0-30 30-35 35-62 0-30 30-41 41-60 0-26 26-38 38-62 0-11 I1-23 23-70 0-36 36-50 50-80 o-ls 18-44 44-72 0-16 16-25 25-84 0-26 26-55 0-34 34-44 44-65 0-16 16-80 0-80 Fine sand_____________. Fine sand__________ Fine sand______________ Fine sand----------__-- Fine sand______________ Fine sand______________ Fine sand______ Fine sand, shell _ _ _ _ _ _ _ _ _ Fine sand_____._________ Fine sandy loam________ Sand, shelll______________ Fine sand_______ _ Fine sandy loam, loamy fine sand. Shell, sand______________ Fine sand___________ _ Fine sandy loam, loamy fine sand. SheIl-------------------' Loamy fine sand_ _ _ _ _ _ _ _ Silty clay--------------- Clay-------- ~--------- Fine sand______________ Fine sand______________ Fine sand-------------- Loamy fine sand_ _ _ _ _ _ _ _ Fine sandy loam- _ _ _ _ _ _ _ Fine sand______________ Fine sand______________ Fine sand______________ Fine sand_____________ Muck------------------ Peat------------------- Fine sand______________ Fine sand_.___________ Fine sandy loam- _ _ _ _ _ _ _ Fine sand______________ Fine sand_____________ sand, shell.--~-~--- _ .~ ; C, :~ P]NELLd:S COUI`TfiY, FLORIDA .~operties of th,e soils ~ estimates were made) Ei~ICE VE~~ PEAR 15133007 ~LAI\INING DEP,4(pTflryENT CITY OF C~EARWATER Classification-Continued Percentage of coarse Pereentage;passing sieve- Available fragments Permeabilitq water Reaction Shrink-swell more than 3 No. 4 No. 1(i No. 40 No. 200 capacitq poten$ial Unified AASHO inches in (4.7 (2.0 (0.42 (0.074 . diameter mm.) mm.); mm.) mm.) ' ~P, SP-SM A-3 0 100 100 95-100 3-12 Int./hr. 20 ~ In./ixe. of aatT < 0. 05 pfI 4. 5-5. 5 Low. ~P A-3 0 100 100; 90-99 1-5 X20 <0.05 4.5-6.0 Low. P A-3 0 100 100: 90-99 1-5 <0. 05 4. 5-6. 0 Low. P-SM, SP A-3 0 100 100 i 85-99 2-12 X20 <0.05 4.5-6.0 Low. -~4- P-SM A-2 0 100 100 90-99 5-12 6.3-20.0 X0.20 5.6-6.5 Low. P A-3 0 100 100: 90-99 2-5 6.3-20.0 <0.05 6.1-7.8 Low. ,P, SM A-2 or A-3 0 100 100: 85-99 5-12 (i) (1) (3) Variable. P-SM, SP A-3 0 100 100. 75-98 ~ 2-12 - X20 <0. 05 5: 6-8. 4 Low. ------------ ------------ (I) (') (') (') (') X20 <0. 05 ---------- Low. P A-3 0 100 100 ' 90-99 1-5 6. 3-20.0 0. 05 5. 6-7.8 Low. C, SM A-2-6, 0 100 100' 90-99 12-30 0. 63-2. 0 0. 10-0. 1'S 6. 6-7, 3 Low. A-2-4 xP, SP A-3 5-10 40-80 35-70 30-65 1-5 6. 3-20.! 0 <0. 05 6. 1-7. 8 Low. P A-3 0 100 100 90-99 2-5 6.3-20.0 <0.05 5.1-7.3 Low. M-SC, SC A=2- 0 100 100 ' 90-99 15-35 0. 63-2. 0 0. 10-0. 15 6. 1-7. 8 Low. :P-SP A-3 5-10 40-70 35-65 30-60 1-5 6.3-20.0 <0.05 7.9-8.4 Low. P A-3 0 100 100: 90-99 2-5 6.3-20.0 <0.05 5.1=7.3~ Low. M-SC, SC A-2-4 0 100 100 90-99 15-35 0. 63-2: 0 0. 10-0. 15 6. 1-7. 8 Low. ~P A-3 5-10 40-70 35-65 30-60 1-5 6.3-20.0 <0.05 7.9-8.4 Low. P-SM A-2 0 100 100 90-99 5-12 0.63-2:0 0.05-0. 1Q 4.5-5.5 Law. L, Ct`i, SC A-6, A-7 0 100 100. 90-99 40=60 0. 06-0. 20 0. IO-0. 15 4: 5-5. 5 High. L, CH, SC A-6, A-7' 0 100 100 95-99 40-85 <0. O6 ~ 0. 10-0. 15 5. 1-6. 0 High.. P A-3 0 100 lOn ~ 80-I00 2-10 6.3-20.0 <0.05 4. 5-5. 5 Low. P-SM, SM A-3, A-2 0 100 100 80-100 5-20 0. 63-6: 3 0. 10-0. 15 4. 5-5.~5 Low. P A-3 "'°' w'°' ~ 0 '' ' "° 100' ~ `°" 10'0 ; 80=10U -'""'2-10 ~~ ' 6.~3-20.0 <0. 05 4. 5-5. 5 Low. ~ ~ ,! P-SM A-2 0 .100 100 90-99 5-12 2.0-6.3 X0.20 6.I-7.8 Low. ~, SC-SM A-2-4 , 0 100 100 90-99 15-35 0. 63-2. 0 0. 10-0. 15 6. I-7. 8 . .Low. P A-3 0 100 100 90-99 2-5 B.3-20.0 <0.05 B.1-7.8 Low. ?, SP-SM A-3 0 100 100 80-100 2-10 6. 3-20:0 CO. 05 4. 5=6. 5 Lbw. ?-SM, SM .tl-3 - " 0 100 100 80-100 5-20 0. 63-2. 0 0. 10-0. 15 4 5-6. 5 Low. -SM, SP A-3 0 100 100 ; 80-100 2-10 6. 3-20.0 <0. 05 ~ 4. 5-6. 5 Low. -' ------------ 0 -------- - ------- - ------- ___-__ - - 6. 3=20.0 j0. 20 .. ,. 0. 6=u. 4 __. . rlign.= _ _ ° - --•--------- 0 -------- - ------- - ------- - ------ - 6. 3-20.0 ~0. 20 5. 6-8. 4 High.a A-3 0 100 100 90-99 2---5 6. 3-20.0 <0. 05 4. 5-5. 5 . Low. ?-SM, 5112 A-3 0 100 100 . 90-99 5-20 2. 0-6. 3 0. 05-0. 10 4. 5-6: -5 Low. Vi-SC, SC A-2-6 0 100 100 90-99 20-35 0. 63-2. 0 0. IO-0. 15 6. 1-8: 4 Low. '-SNl A-3 0 100 100 90-99 5-12 X20 0.10-0. 15 4.5-5.5 Low. ,"':~~~= ~ '-SM A-3 0 100 .100 ' 90-99 5-12' ~ 20 <0. 05 4.5-5. 5 Low. ,: _~~;'~~"'' :~ ', GP A-3, A-1 5-25 35-95 40-94 15-90 1-5 ~~LO <0. 05 7.4-8. 4 . =~ Low: -, ~f"'°` l ~~~'.~~ ~.y ~1 ~` ~''O ~'; ~~ ~, O/~ C~ y 1 ~ :, ~ ~~~ 420-436-72-~ ' ~ j NORTHSIDE ENGINEERING SERVICES POND DRAWDOWN ANALYSIS PROJECT: LaBelle Plaza North Pond JOB NUMBER: 111 } VOLUME PROVIDED (CF)= ~ 9,892 BOTTOM OF SLOT ELEV. _ ; 52.45 POND AREA (SF) = 13,129 BOTTOM OF POND ELEV. _ ~ 51.70 POND AREA (SF) = 13,129 FILTRATION CONTROL ELEV. = 50.70 • K = 0.09 (Ft'./MIN.) AREA OF FILTER BED 300 ELEV. TOTAL INCR L (AV) HG FILTER FLOW POND INCR INCR FT HEAD HEAD (F~T) AREA (CFM) AREA - VOL. TIME 52.45 13,129 -1.41 0.19 2.75 0.51 300 13.81 2,462 178 52.26 13,129 1.22 0.19 2.75 0.44 300 11.97 2,462 206 52.08 _ 13,129 1.03 0.19 2.75 0.38 300 10.13 2,462 243 51.89 13,129 _ 0.84 0.19 2.75 0.31 300 8.28 .2,462, ., 297 51.70 13,129 TIME = 924 MINUTES TIME = 15.4 HOURS '•/ `~. , ~ ~, ~.,~ - ` i; • ~, NORTHSIDE ENGINEERING SERVICES POND DRAVI~'DOWN ANALYSIS PROJECT: Labelle Plaza, South Pond ~ JOB NUMBER: 111 VOLUME PROVIDED (CF)=14,248 BOTTOM'OF SLOT ELEV. _ ' 48.67 POND AREA (SF) BOTTOM OF POND ELEV. = 48.00 POND AREA (SF) _ FILTRATION CONTROL ELEV.= 47.00 K = 0:09~(FT./MIN.) AREA OF FILTER BED 450 t7171GINAt. RECENED ~~~AR 15 ZOOl PLANNING DEPARTMENT CITY OF CLEARN/ATER 21,160 21,160 ELEV. TOTAL., INCR L (AV) HG FILTER FLOW POND INCR INCR FT HEAD .HEAD (I=T) AREA (CFM) A_ REA VOL. TIME 48.67 21,160 1.34 0.17 2.75 0.49 450 19.68 3,544 180 48.50 21,160 1.17 0.17 2.75 0.43 450 17.21 3,544 206 48.34 21,160 1.00 0.17 2.75 0.36 450 14.75 3,544 240 48.17 21,160 .0.83 0.17 2.75 0.30 . 450 12.28 3,544 269 48.00 21,160 TIME = 915 MINUTES TIME = 15.3 HOURS ,~ ~ ,G.' f,'`` ~~ f. _~ ~1Y.,^, ..1 v i ~...:. ? ~ .~ :~ ~ . n 1 ~- ~UV~ l.jJyf ~tjj'ti i,~~~` v _ .!I'~~ • s .LaBelle Plaza CONFIRM~1~? ORIGINAL DE~I~IIT 25-YEAR / 24AOUR PRE/POST ANALYSIS /~\ ~;~ST FC~;,;fU9, l ~ A~n~ ~. ~~ ,q~ara~;~,~ ~ ~F''r7V1' O1S~~'~~' (8U Advanced Interconnected Channel & Pond Rcuting (ICPR Ver 2.20) C17 Copyright 1995, streamline Technologies; Inc. LABELLE PLAZA SHOPPING CENTER PRE/POST 25YR/24HR STORM ANALYSIS PROJ. N0. 0111 ********** Basin Summary - PREP05T *,r********~r*,t************,r******,t***,r*,r*vr~c,r** **,~ Basin Name: PRESiTE NORTH SOUTH Group Name: EASE BASE BASE' Node Name: PRESITE NORPOND SOPOND , Hydrograph Type: UH UH UN Unit Hydrograph: UH256 UH256 UH256 Peaking Factor: 256.00 256.00 256.00 Spec Time Inc (min): 3.33 1.33 1.33 Comp Time Inc (min>: 3.33 1.33 1.33 Rainfall File: FLMOD FLMOD FLMOD Rainfall Amount (in): 9.00 9.00 9.00 Storm Duration (hr): 24.00 24.00 24.00 Status: ONSITE ONSITE ONSITE Time of Conc. (min): 25.00 10.00 10.00 Lag Time (hr): _ 0.00 0.00 0.00 Area (acres): 13.30 5.45 7.85 Vol of Unit Hyd.(in): 1.00 1.00 ' 1.00 Curve Number: ~ 49.00 94.00 94.00 DCIA (%): 0.00 0.00 0.00 Time Max (hrs): 12.28 12.04 12.04 Flow Max (cfis): 15.21 28.95 41.b9 Runoff Volume (in): 2.76 8.27 '8.27 Runoff Volume (cf): 133323 163691 235775 ...... , _.5... ,...,.,.. ~ ..:..,~...._.. ....._., .._..,...... ... .. . „f i C~ ®I~IGINAL RECEIVE® BAR 15 Zoa7 PLANNING DEPARTAAENT GI1Y OF GLEARWATEF~ .~-_! cos r, ., -~ ~~~~ G ~ < <E,,y/a~~ ~~ Recent ~,, ~~T ~:~ 2~~~~ ~~~ RFD-TA,tiP~ ~ / (BU ,. Advanced Interconnected Channel & Pond Routing (ICPR Ver 2.20) [1) Copyright 1995, Streamline Technologies; Inc. PRE%POST ANALYSIS OF 25YR/24HR STORM EVENT ********,r* Input Report *,rx~***,r,r,r*****,r****,t,r*,t**,r,rw**,t*,r,t*,r,t,r,e****+r,r,r*,r,r****,r** --------Class: Node---------------------------~•--------------------------------- Name: HIGHLAND Base Flow(cfs): 0 Init 5tage(ft): 46 Group: BASE Warn Stage(ft): 0 -- Comment: Time(hrs) Stage(ft) - 0 46 , -- 12 48 24 46 --------Class: Node---------------------------•>--------------------------------- Name: MANHOLE Base Flow(cfs): 0 Init Stage(ft): 49 Group: BASE Warn Stage(ft): 53 Comment: Stage(ft) Area(ac) [Manhole, Flat Floor] 49 0.0007 53 0.0008 --------Class: Node------------------------------------------------------------- Name: NORPOND Base Flow(cfs): 0 Init Stage(ft): 51:7 Group: BASE Warn Stage(ft): 58.1 Comments Stage(ft) Area(ac) 51.7 0.3014 52.45 0.3015 , 58.1 0.3016 Class: No e--------------------- Name: SOPOND Base Flow(cfs}: 0 init Stage(ft): 48 Group: BASE Warn Stage(ft): 56 Comment: Stage(ft) Area(ac) 48 0.4858. !' 48.67. 0.4859 ' 56 0.486 Class: Basin------------------------- Basin: NORTH Node: NORPOND Status: On Site Type: SCS Unit Hydr Group: BASE - ~~~~ FlOtlia~ f Unit Hydrograph: UH256 Peak Factor: 256 ~J~~- Rscer~atf ~~ Rainfall File: FLMOD Storm Duration(hrs): 24 ft '. f+ ~_, ~~~ ~ ~ ~n~~ Rainiail A~IIDUiit(I11): 9 Area(ac); 5.45 Cancentraticn Time(min>: 10 Rr~D•T~riPA Curve #: 94 Time Shift(hrs): 0 ~~~~fl'~E-hlTd~~~~ DCIA(%): 0 i~ ! Advanced Interconnected Channel & Pond Routing (ICPR Ver 2'.20) C2] Copyright 1995, Streamline Technologies, Inc. PRE/POST ANALYSIS OF 25YR/24HR STORM EVENT ORIGINAL RfCENEI? MAR 15 2007 PLANNING DL:PARTAn[:V~T CITY AF CLEARWATE~ ********** I.nput Report *rr,~*rr*,rx*,r,r****,t*****,ttr,t,r**,r**,rv~**,r,rr*,r**,~,~,r*x~***#*,t,r*~,r --------Class: Basin--------------------------••---------------------=----------- Basin: PRESITE Node: PRESITE Status: On :cite Type: SCS Unit Hydr Group: BASE , Unit Hydrograph:- UH256 Peak Factor: 256 Rainfall File: FLMOD Storm Duration(hrs): 24 Rainfall Amount(in): 9 Area(ac): 13.3 Concentration Time<min): •25 Curve #: 49 Time $hift(hrs): 0 bClA(%): 0 --------Class: Basin ------------------------------------------------------------ Basin: SOUTH Node: SOPOND Status: On Site Type: SCS Unit Hydr Group: BASE Unit Hydrograph: UH256 Peak Factor: 256 Rainfall File: FLMOD Storm Duration(hrs): 24 Rainfall Amount(in): 9 - Area(ac): 7.85 Concentration Time(min): 10 Curve #: 94 Time Shift(hrs): 0 DCIA(%): 0 --------Class: Pipe------------------------------------------------------------- Name: ROWPIPE Group: BASE •,_ .. „.UPSTREAM Geometry: Circular Span(in): 24 Rise(in): 24 Invert(ft): 49 Manning's N: 0.012 Top .Clip(in): 0 Bottom Clip(in):~0 From Node: MANHOLE Length(tt): 72 To Node: HIGHLAND Count: 1 ,. D_QI~N~IREAM _ _, ....._E~uationp Average K. Circular FL.ow: Both '24 Entrance Loss ~bef: 0.2 24 Exit Loss Coef: 0.2 46 Bend Loss Coef: 0 0.012 outlet Cntrl Spec: Use do or tw 0 Inlet Cntrl Spec: Use do 0 Stabilizer Option: None Upstream FNWA Inlet Edge Description: Circular: Smooth tapered inlet throat Downstream FNWA Inlet Edge Description: Circular: Smooth tapered inlet throat k /fh'`'b '"fib ! max, ~BCAfVA,~ ~ 54. 1 31;i .~., 2(il~.~ C Advanced Interconnected Channel 8 Pond Routing (ICPR Ver 2.20) [37 Copyright 1995, Streamline Technologies, Inc. PRE/POST ANALYSIS OF 25YR/24HR STORM EVENT *****,r**** Input Report ,+*,r***,r*****,r*********e~**,r**************,r*******,r*,r***** --------Class: Drop Structure-----------------•--------------------------------- Name: NORDROP From Node: NORPOND Length(ft): 17 -- Group: BASE To Node: MANHOLE Count: 1 Outlet Cntrl Spec: Use do or tw Inlet C:ntrl Spec: Use do Upstream Geometry: Circular Downstream Geometry: Circular UPSTREAM, DOWNSTREAM Span(in): 18 18 Rise(in): 18 18 Invert(ft): 49.05 49 Manning's N: 0.012 0.012 Tap Clip(in); 0 0 Bottom Clip(in): 0 0 Entrance Loss Coef: 0.2 Elow: Both Exit Loss Coef: 0.4 Equation: Aver Conveyance Upstream FHWA Inlet Edge Description: Circular: Smooth tapered inlet throat 54 1 Downstream FHWA Inlet Edge Description: Circular Concrete: Square edge w/ headwall 1 1 *** Weir 1 of 2 for Drop Structure NORDROP *** CTABLE7 _ Count: 1 Bottom Clip(in): 0 Type: Mavis Top CLip(in): 0 Flow: Both Weir Discharge Coef: :3.13 Geometry: Rectangular Orifice Discharge Coef: 0.6 Span(in)•: 19.5 Invert(ft): 52.45 Rise(in): 4 Contro~. Elev(ft): ' ~ / 52.45 *** Weir 2 of 2 for Drop Structure NORDROP *** [TABLE] Count: 1 Bottom Clip(in): 0 Type: Horiz Top Clip(in): (I flow: Both Weir Discharge Coef:...13 Geometry: Rectangular Orifice Discharge Coef: (1.6 Span(:^). 28 lnvort(ft): 57.° Rise(in): 20 Control. Elev(ft): 57.8 ~~~~~pj FLO,)t~~~ ` ; ~ Q c.. e~~3u ~ .. tf w;r it ~~;' i .. ,... ~, F'~rs r.,. :; ~~ Advanced Interconnected Channel & Pond Routing (ICPR Ver 2.20) [4] Copyright 1995, Streamline Technologies, Inc. . PRE/POST ANALYSIS OF 25YR/24HR STORM EVENT wwwwwwwwww Input Report wwwwwwwwwwwwwwwwwwwww*,~w*wwwwwwwwww*wwwww*w***www**w*w*w --------Class: Drop Structure-----------------:.-----------------------------_---- Name: SODROP From Node: SOROND Length(ft): 17 Group: BASE To Node: HIGHLAND• Count: 1 outlet Cntrl Spec: Use do or tw Inlet (:ntrl Spec: Use do Upstream Geometry: Circular Downstream Geometry: Circular UPSTREAM :DOWNSTREAM Span(in): 18 18 Rise(in>: 18 1:8 Invert(ft): 46,05 46 Manning's N: 0.012 0.012. lop Clip(in): 0 ~ Bottom Clip(in): 0 0 . Entrance Loss Coef: 0.2 Flow: Bath .,,Exit Loss Coef: 0.4 Equation: Aver Conveyance Upstream FHWA Inlet Edge Description: Circular: Smooth tapered inlet throat 54 1 Downstream FHWA Inlet Edge Description: Circular Concrete: Square edge w/ headwall 1 1 *** Weir 1 of 2 for Drop Structure SDDROP *** [TABLET Count: 1 Bottom Clip(in): 0 Type: Horiz Top Clip(in): 0 Flow: Both Weir Discharge Coef: 3.13 Geometry: Rectangular Orifice Discharge Coef: 0.6 Span(in): 28 - _ ___ Invert(ft):_54 . Rise(in): 20 ~ f ~ Control Elev(ft): 54 *** Weir 2 of 2 for Drop Structure SODROP *** °ITABLE] Count: 1 Bottom Clip(in): 0 Type: Mavis Top Clip(in): 0 Flow: Both -~ Weir Discharge Coef: 3.13 Geometry: Rectangular Orifice Discharge Coef: p:6 ;.~ ~ s.... ~. o ~~ Span(ill):. LG.J iiiY Crt(1l~• 'fU. UI Rise(in): 4 Control Elev(ft): 48.67 ®RIGINAI. I2EGENEI?' ~iAR 15 2007 PLANNING ©EPART~iENr ~ITYQF CI EARW~TF~ i ~~ ~`~`'~ F~a°a~~;.ry r..: ~. Tien-'.j i. %.; f. ,~, ., . ~'•/• _ - i.'~ . !- Advanced Interconnected Channel & Pond Routing (ICPR Ver 2.20) [5] Copyright 1995, Streamline Technologies, Inc. PRE/POST ANALYSIS OF 25YR/24HR STORM EVENT - ****,r*,r~,r* Input Report **,r***,t***,t*,t,r,t*te**~,r,r:e,r,r*,r**t,t*,t,t*,t*,r,~*,r****~**~***w,r** --------Class: Simulation---- -------------------------------------------------- C:-\ICPR2\LABELLE\PREP05T _ -- Execution: Both Header: LABELLE PLAZA SHOPPING CENTER PRE/POST 25YR/24HR STORM ANALYSIS PROJ. N0. 0111 _, ---------HYDRAULICS-----------------------------HYDROLOGY-------------------- Max Delta Z (ft): 1 Delta Z Factor: 0.05 Override [lefaults: No Time Step Optimizer: 10 , Drop Structure Optimizer:- 10 Sim Start Time(hrs): 0 Sim End Time(hrs): 24 Min Calc 7ime(sec): 1 Max Calc Time sec): 300 To Hour: PInc(min): 7o Hour: Plnc(min): 0 15 24 15 ---------GROUP SELECTIONS---------------------------------------------------- + BASE [10/23/017 ,•~ i ~ F'~'s'~~;sc' `~`~~s ~C~~. c`~ c ,-~,., ;~: ~ -, ~,G`='~;~riT 111:,.,. :. ORIGINAL (8 U Advanced Interconnected Channel & Pond,Rauting (ICPR Ver 2.2 0) L17 RE~~~ Copyright.1995, Streamline Technologies, Inc. _ ~~iAR ~. 5 2007 LABELLE PLAZA SHOPPING CENTER , ~~~~~~~ d~E`/ihtPNtV:k~ PRE/POST 25YR/24HR STORM ANALYSIS ~~~ ~~ ~°t ~4a~~/.E, ~~~ PROJ. No. 0111 ********** Node Maximum Conditions - PREPOST **'~***,r*~*~r********,~,r****w**,r,r******,r******,r ***x*~r**,~*******,r~****,r**~***,r****,r (Time units -hours) Node Group Max Time Max Stage Warning Max Delta Max Surface Max Time Max Inflow .Max Time Max Outflow Name Name Conditions (ft) Stage (ft) Stage (ft) Area.(sf)• Inflow (cfs) Outflow (cfs) HIGHLAND BASE 12.00 48.00 0.00 0.0139 60.50 12.B7 14.08 0.00 0.00 MANHOLE BASE. 12.87 50.32 53.00 0.0472 179.22 12.85 5.78 12.87 5.78 NORPOND BASE 12.85 57.54 '58.10 0.0494 .13137.26 12.00 28.20 12.85 5.78 SOPOND BASE 12.87 54.31 56.00 0.0496 21169.16 12.00 40.6'1 12.87 8.30 R ,. ~4~~r ,U>PW:~~ ~S~i ~f_" r ~~; t~ .. i}i ~; i f ~. ~~~; ~ ~1= liy, ~}Sci~ F, \`>~ ~t`. tr c cif<°- 0 - - - - N O N _ - - - O _ ~ ~ - ~ N ~ - ~ _ - ' N _ _ ~ L - L _ _ ~ ~ _ ........ .......... . ~....,. ..,....,. ...,.. _ .,.... _ ..,...,,,. N o E - f' - _ _ _ O _ - '/ - s - /, - - - - - - - - - - - O .~ - - - ~ (D _ ~ - - 1(7 _ - - - O W - T ~ y N O ~ ~ ~ ~ ~ ~ ~ 01 m (~ l0 ~ V m N ~ ~ ~,.w ... 4 C `" s'~, 4~a~ ~~ U,~,,L f ~~ ~ ~ ~ ~ h;~~ y 3 ~'J afie~s t i (~d) a ~ `i- ,.,~.. ` ~~. ~ Z ~~ ®RIGINAL RECEIVEt~ ~ . ' PLANNING ©EPARTf~fENT CITY ®F CLEARWATER , . , . , , ° - - N - - - - O - - - N - __ - - - - O - - - - - ~ ti - -~ - '_ - N - - ~ - - - - - L - - - - O d - - D - Ul - ~ - _ ' - - - ~ - - - O - - O - - - - - N - _ - O N - - - _' to N O O O O O O O O . OI . In V RI N .+ D QI (D C Ip I(1 10 I(1 I() N Q V .~+ C L '~5i FLQrf ~.. e r!} Ff~ f~ j, rvF ~ Z a ~~ CROSS DRAINAGE ASSIGNMENT THIS CROSS DRAINAGE ASSIGNMENT ("Assignment") is entered into this /3/,t- day of .2005, ~y Griffin International Inc., a Florida Corporation. WITNESSETH WHEREAS, Griffin International Inc. is the owner of La Belle Plaza, a PUBLIX anchored center located in Clearwater, Pinellas County, FL; WHEREAS, this Assignment relates to the following Southwest Florida Water Management District permit: Project Name: LaBelle Plaza Permit No.: 40-2642 Modification by LE:tter No: 40002642-001 Sec./Twn/Rge.: 23/29S/15E County: Pinellas; WHEREAS, Mr. Edmund S. Whitson, Jr., (hereinafter "Landowner"), is the owner in fee of the real property contiguous to LaBelle Plaza (hereinafter "Landowner's Parcel"). The said property is presently undeveloped, mostly raw land; WHEREAS, the engineering plans, which were submitted to SWFWIvID for Permit NO. 40-2642, show a single, more or less, 13.332 acres site, which includes La Belle Plaza and Landowner's parcel but the said plans do not include the 50.0 ft south of the Centerline of Nursery Road, which is claimed to be owned by the Landowner;. WHEREAS., the "Surface Water Management System" at LaBelle Plaza was designed and constructed to serve,La BeIIe Plaza and "NO LESS THAN 3.876 ACRES OF IlVIPERVIOUS SURFACE t~REA CAPACITY" for Landowner's Parcel; WHEREAS, on June 30a'; 1993, the respective owners of La Belle Plaza and Landowner's Parcel signed a Reciprocal Easement, Restrictions and Operation Agreement, recorded in Pinellas County, Book 8324, Pages 831-876, (hereinafter "June 30~' 1993 - REA") and attached hereto as Exhibit "A"; WHEREAS, Griffin Inteniational Inc. desires to incorporate in the File of Record at SWFWMD, the "June 30`~ 1993 - REA" and Section 1.3 titled Storm and Surface ~~1jatCr Plow, i~eter1t1U11, a<ld Leterltloil; NOW, THEREFORE, G~YfFn International inc. says as foiiows: RECEIVED ~n ~ ~~ ~ y pRD, ~Q(!5 T~1MPq ,~, 1. Griffin International Inc. hereby grants and conveys to the Landowner, for the benefit of the Landowner's Parcel, a perpetual non-exclusive blanket ©RIGINAL • ~ RE~IVEl~ r~iAR 15 2007 ~'tA~~ifIV~ ©EPARrNiElur easement in, through, -to, over, under and across LaBelle Plaza and drainage~~~ ~~ f"9 Ea~w,arF~ lines located thereon (except those portions upon which buildings are existing from time to time), for the purpose of providing and affording surface water runoff, and drainage aiid storm and surface water detention, retention, and drainage facilities as required by and as provided and designated per the as built plans, entitled. in i;lie `.`June 30~' 1993 - REA" as Exhibits "C", "C-1" and "C-2". 2. The use by Landowner of said perpetual blanket easement is made available by Griffin International Inc. to Landowner, without any duty or obligation by Griffin International Inc: to alter or reconstruct (except for maintenance) or make any addition to any facility for surface water runoff, drainage and storm surface water retention and drainage as shown in Exhibit "C-2", of June 30~' 1993 - REA. 3. Griffin International Inc, represents and fully warrants that to the best of its knowledge, the stormtivater system was constructed in accordance with SWFWNID Permit No, MSW 402642 and that as of the date of this Assignment, will permit .the Owner of Landowner's Parcel to construct no less than 3.876 Acres of impervious surface ("the Minimum Capacity") of the Landowner's Parcel (as further described and clarified in Exhibits "C-3" and "C-4" in June 30~' 1993 - REA. 4. The SWFVVMD permits were converted into an Qperation Permit and that the said permit is attached;in Tune 30's, 1993 - REA as Exhibit "C-5". 5. Griffin International Inc. shall keep said Operations Permit in good standing and in full force and effect. 6. Griffin International Inc. shall maintain, repair, replace or construct from time to time all such facilities, at its sole expense, in order to assure same shall be continuously available For the use and benefit of Landowner's Parcel to the full extent of the Minimum Capacity. 7. The "June 30~' 1993 - REA" also assigns to Landowner all rights under all of permits, including the Operations Permit, for utilization of the SVVFWMD . "NO LES5 THAN 3.1176 ACRES OF IlVIPERVIOUS SURFACE AREA CAPACITY", with respect to Landowner's Parcel and for the construction `~~Si F~-~R/~~9 and occupancy of building improvements thereon. ~~ P,EC~i~~ED ~~, ~~ 205 ~ ~ O. V11..L~L111 111Le111Q.L1Vilal 111/, s11Qil, Q.t 11U liVJt of V111L111 111tG111at1Ullai lull., 1 V Vlde Y i l 1 !1 ~~ P,PD-t~(viPF~ .~~ ~ e cab further evidence of this Assignment as maybe required by any appl ~s"~' ~~~q~ Governmental authority or as reasonably requested by Landowner, from time FlYlef~T o to time. • 9. As per the "June 30~ ;1993 - REA", Landowner may make partial assignment of the said rights. - 10. The "June 30~' 1993 - REA" is perpetual to the extent permitted by Law. IlV WITNESS WHEREOF, Griffin International Inc. executes this Assignment as of the date first set forth above: Signed in the presence of NOTA.I,Y: STATE OF ~~,2~~01~ COUNTY OF ~t +~ ~ L ~ F~-5 Griffin Internat'onal Inc. BY: NAME: ~ S /i 1. G~ ~~ tC.~i TITLE: ~.~?~'~14~.-~~ Notary Public Print Name: ~}-~~. Ise-~.~v ~• ~ ~- My Commission Expires: l ~ ~ t LOOl'OE~agwanoNsa~idx~ ~+~~ (NOTARY SEAL} 8666EdOt7 uoissiwwo~ ~w :~~ sNagoa uaa141eN y3~~~i''Ay_a_dr ~~~^ Kathleen Roberts MY Commission DD239~9 .. ,~`~ Explrea IJovemt>er 30, 2007 7~/aY /~'tt~ OS • ?rr--;urn - v ,. ~... ini i~ ~UU~ r f;tD-1~;~1i?A ~~wF~ ~~~~- ~thw es t ~~o rida Water ~ ~, Sou, _~ . ~~ ~.•: Mar~cxgement .DiStnct • ; . ~ MIC1~nEl ZA~Ca;aC. JR . Cno~rmon. 8eneo~r YJALIER H r1ARKAlA Y~cO Ch;:rrr~n. F pn? CAN .f 1 ~ • 1961 0 ' ~ ~ ANNE M. RISNC~'R~/=. EeCrMoN. $atasc+ta HORACE f NERNCJnN ireasurCr. I o+e :'/ayes • ` ~ !~ ~ RQv G HARRELLJR . SI Neror;ourg RO(iERi 1 LjRAM;GN. Ed O.. ipmpa ~,,+ ' i ~yt WILLIAM N WIIG~X, ph.D . Pcrt Cl,arkae MARY ANN NOGAN. &ooksvdte CNARtES A. BIACK, Crys~ol Imr~t GARv W KUHL. F~cecun:e Gnectoi DANIEL P, fEfrNANGEI. C,enerol Counsel ~~~~t.~~~ WILLIAM K HENNES:Ev .'E?ERG. Hl1f3BEll. JERRY I S~MPSCN. Deputy ExeCunvO Ciro~rors KAN~GP?~NT bF SURFACH KATER PERMIT Permittee: Permit No. 402642 • Mr. Ray D. Soltesz Date Issued: March 22, 1988 2511 N. Grady Avenue, Suite lU0 Expiration Date: March 22, 1991 Tampa, Florida 33607 ~ County: Pinellas • Project: LaBelle Plaza Sec/Town/Rge: 23/29/15 This Permit is issued under the provisions of Chapter 373, Florida Statutes, and Florida ~ Administrative.Code Rule(s) 40D-4~ 40D-40. T2ie above named permittee is hereby authorized I t.a perform the work or operative the facility shown on the application and approved drawing(s), plans, and other documents, attached hereto or on file with the District and made a part hereof and specifically described as follows: Construction of a Surface Water ;Management System serving a 13.33 acre commercial project as named above. ORIGINAL RECEIVEQ BAR ~ 5 200 PLANNING 6EPARTl1~EN~ CIiY AF CLEARWATEp M APPLICATION TO TSE SOU"IT3Z9EST FLORIDA ViATSR MANAGEMENT DIS'I'BICT ~'IRFACE WATER MANAGEME21T~8MIT TO: SOUT~9EST FLORIDA WATER }MANAGEMENT DISTRICT (Fay Vee BT S~YFWMD Only) 2379 Broad Street Date Recd: Brooksville, Florida 33512-9712 App. Nays Telephone: 1904) 796-7ZI1 .' ,~ GENERAL 1NST80CTIONS: Please provide complete information below. Attach additions information if necessary. A processin~iee of =10.00 is requirtd erith this applicntios~. Please subm3i' four (4) copies of application, drawings, calculations, etc. Notes Project may also require State oc Federal permits. Please check appropriate box. APPLICATION FOR: ( ) CONCEPTUAL APPROVAL PERMIT ~ j ;t O 2 ~ 4 (X) CONSTRUCTION/OPERATION •PERMIT ( ) MODIFICATION OF EXISTING PERMIT, NO. Occner~sj of land upon which surface eater management s~sC~:-be-constrncled op~ezatedt NAME: Ray D• Sol test nDDRESS: 2511 N. Grady Avenue, Suite 100 Tampa, Florida 33607 1'F1,EF'110NE:(813) 870-1835 Description of Land: Total Land /lrea (acres): Count ;P: Section 23 Tovmship POOR ORIGINAL ~~ :~ . _... _:. ._..~f ~~S-g~~e of osrnei or authorize agent Ray D. Soltesz ` 13.332 . Pinellas 29 Range 15. Pc~non who prepared the plane and specifications of construction: Name: Clovers:, Baur and Stevens nddress: 3210 U~S._Highway 19 ;North _. Clearwater, Florida 3:4621 Telephony: (813) 784-3965 C_o_nstruction Plans and Specification::: Submit drawings, calculations and engineering details auificie: to define the nature, scope, intent and functioning of work proposed. Reference Ruse 40D-4/40I}-4Q See attached Final Construction .Plans, Sheet Nos 1 through 8; tree Back) Person ~'ho Will Construct the Proposed Rork: Name: Address: T~1 ephone: D. Soltesz 2511 N. Grady Avenue, Suite 100 _ ' -Tampa' Florida 33607' ____ (813) 870-1835 _ . General P~irpose of Proposed V~ork: Project Name: ---LaBelle Plaza oY'~ ;~'~ M;w;. s-v~a ~~?. cv NOV 131987 ~~ S~i118. F~~t . ~ . - ~ .. Pernittee: Ray D. Soltes.. Permit No.: 402642 ~ •' • 9. ..The permit' does not convey ;to the permittee any property right nor any rights or privileges other than those ~;pecified in the permit and Chapter 40D-4. 10. The permittee shall hold ands save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, operation, maintenance or use of any facility authorized by the permit. 11. This Permit is issued basted-on the applicant's submitted information which reasonably demonstrates the adverse off-;site water resource related impacts will not be caused by the completed permit activity. It is also the responsibility of the permittee to Insure that adverse off-si~.te water resource related impacts do not occur during ~c:nstrvction. 12. Prior to dewatering, plans ,shall be submitted to the District for approval. Information shall include as a minimum; pump sizes, locations and hours of operation or each pump. If off-site :discharge is proposed, or off-site adverse impacts are evident, an individual water use permit may be required. The permittee is cautioned that several months may be required for consideration of the water use permit application. SPECIAL CONDI .'IONS 1. This permit is required to be kept at the work site of the permitted activity during the entire period of construction. 2. Except as authorized by this Permit, any further land development, wetlands disturbance .or other construction within the total land area of this site will require additional permitting in accordance with Chapters 40D-4 and 1~-~5, F.A.C. 3. The permittee shall assure that erosion and sediment control measures required by Rule 17-25.025(7) shall be effect~i~Vely implemented continuously from beginning .of project construction until completion. Project detention/retention ponds and discharge control structures which a're to be constructed as part of the project should be initially built and. maintained continuously during project construction to avoid adverse impact to receiving waters .or offsite. 4. All retention/detention pond, side slopes, except over filter media, shall be sodded, and staked as necessary, to prevent erosion. 5. By issuance of this permit the District, its employees and representatives assume no responsibility and/or liability in regard to either the design, construction or performance of the permitted facilities.. ®RIGINAL RECENEQ Issued this 22nd day of March, 198.8 SOUTHWEST FLORIDA W R AGEMENT.;DISTRICT BAR 1 5 2007 --- PLANNING DEPARTiVi~~~~ Clil(OF CLEARWATF~ AUTHORIZED SIGNATURE Page 3 of 3 Permittee: Ray D. Soltes~ ~ Pertait No.: 402642 •. COQmZSIC4l3 ~ .. • . • . ~ ~ .. ~ .. 1. The permittee sha;.l perform the: construction authorized in a manner so as to minimize any adverse impact of the system on fish, wildlife, natural environmental values, and water quality. The permittee shall institute necessary measures during the construction period, including full compaction of'any fill material placed around newly installed structures, 'to reduce erosion, turbidity, nutrient loading and sedimentation in the receiving waters. 2. Water quality data for the wager discharged from the permittee's property or into the surface waters of the state: shall be submitted to the District as required. Parameters to be monitored may include those listed in chapter 17-3. Analyses shall be performed according to procedures outlined in the current edition of Standard Methods for the Examination Hof Water and Wastewater by Hmerican Public Health Association or Methods for Chemical analyses of Water and Wastes by the U.S. Environmental Protection Agency. If water quality data are required, the permittee shall provide data as required on volumes of water discharged, including total volume discharged during, the days of sampling and total monthly discharges from the property or into surface waters of the state. 3. The permittee shall comply with, all applicable local subdivision regulations and other local requirements. In addition the permittee shall obtain all necessary Federal, State, local and special district authorizations prior ~to the start of any construction or alteration of works authorized by this permit. 4. The operation phase of this permit shall not become effective until the owner or his authorized agent certifies that. all facilities have been constructed in accordance with the design approved bye the District. Within 30 days after completion of construction of the surface water management system, the permittee shall submit the certification and notify the: District that the facilities are complete. Upon completion of the surface waster management system, the permittee shall request transfer of the permit to the responsible entity approved by the District. The District may inspect the system! and require remedial measures as a condition of transfer of the permit. 5. All roads shall be set at or above elevations required by the applicable local governmental flood criteria. 6. All building floors shall be se's at or above elevation acceptable to the applicable local government. 7. Off-site discharges during cons'~ruction and development shall be made only through the facilities authorized by this permit. Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District. 8. No construction authorized here:tn shall commence until a responsible„entity acceptable to the District has been eiatablished and has agreed to operate and maintain; the system. The entity must be provided with sufficient ownership so that is has control over all water management facilities authorized .here in. Upon receipt of written evidence of the satisfaction of this condition, the District will issue an authorization to commence construction. Page 2 of 3 ~ ~ 40 I.nQELLE pLn~n 2 ~ 4 2 L.E3.S. ~l.N. 1F3H71 ('inellas County, Florida November 6, 19137 Page 1 of 3 ®RIGINAI. RECEIVEt? ':EXIIIF3IT "A" NARRATIVE DESCRIPTION IyIH~ 15 Z~O7 PLANNING DEPARTMEN CrTY OF CLEARWATER The proposed development of La[3,elle Plaza is located in the Southeast of the Southwest 'a of Section 23, Township 29 South, Range 15 East, r'inellas County, Florida. The ;total acreage owned by Mr. Ray D. Soltesz, wl-icrr will lre developed, is 13.'3 acres -nore or• less, There are no existing structures within the boundary of this project. The existing vegetation is primarily citrus trees. There are no Natural n-•eas (Wetlands) witr-in tt-e boundary of this project. The property is presently zo E3usiness (CG). Refer to the for tl-e approximate location red. Trre-•e i s no o f fs i to drainage Tire property adjacent on the p-•o,j ec t. red as Professional Services (PS) and General Final Construction plans, Sheet No. 1 of 8 of the PS and CG zones, which are shown in triat will be contributing to this project. El1ST is vacant and slopes away from this The storm runoff fro-n Nursery Road (rJorth), Highland Avenue (West) and Iz~lleair Road (South) will not .affect this project. The proposed development for this project will consist of constructing 11.6,000 square feet of Retail Shops, Office Eiuilding and Qank/Office (3uildinc~. This will also include all of the necessary utilities, pavement and storm drainage appurtenances to service this project. Thr_-~e is also two (2) future areas that will be developed, which will have approxii~iately 35,115 square feet of Office space. These future areas are sirc!wn as tree East Parcel anal West Parcel. TI-e total site a-•ea, 13.3 acres was used in determining the storage and l,r•eatment ~f...the.first one-half; (';) inch of runoff as required under Ciia~ter 17-2,, Florida Administrative Code. The first one-half ('~) inch of runoff (24,140 cubic feet) will be discharged through the 6" Type I- Filtr•ation Su!~ drain, located i;n tr-e South Detention Filtration Area. The total time for tree first one-half ('~) inch to be discharged would be less than ~ hours. Refer to th'e attached~Filter Drawdown Analysis, Exr-ibit "C" and the detail for ..the Type I Filtration Sub-drain on Sheet No. 4 of H. 0 ~' NOV 18198 "• ~ 1NG I a 6~oa~~ _..aa .t~'~:~ 'r'te:':; ;. ~~`~~`' RECD ~V~D"d,~o. ~sw,~ s~,v,u ~°~~ c ) w ,~ I_nf3E~f_E P~nzn L.Q.S. J.N. 18817 Pinellas County, Florida November 6, 1981 There will also be a 6" Type lI Bottom Drain Sub-drain installed in tl~e North Detention area, which will allow the detention area to drain dry after each storm event. Refer to the detail for the Type II Bottom Grain Sub-drain on Sheet':'No. 4 of 8. T{-is site is in the Stevenson's Creek Drainage Basin. The existing (PRESENT) ave-•aye Watershed Slope for this area is 0.8 percent (%). The {iydraulis Length is 1.,350 feet. The ndjusted (Historic) Peak Dis- charge for the 13.3 acres, using a 25 Year Sto nn Frequency and the Revised Interim Florida Data is 41.66 c.f.s. Refer to the Drainage Mralysis, SCS TR-55, Exhibit "B", pages ?_ and 3, for additional infornra- ti~n. The {~r•ol-osed (FUTURE) average Watershed Slope for this area is 1.2 per- cent ("~). T{re {{ydraul isLength is 200 feet. Ttre Weighted Curve Number (CN) is calculated as follows: nREn .PERCENT CN WEIG{ITED CN Lnlrerv i ou s i~4.3~ 9~ ~-- -- Pervious 15.4 72 11 TOTnI_ WEIG{ITED CN 89 The Proposed ndjusted Peak Discharge for the 13.3 acres, using a 25 Year Stcrr•rn frequency and the Revised Interim Eloricfa Dato will be R2.0~ c.f,s. Rrfer• to the Urainaye analysis, SCS TR-55. Exhibit "B", pages 4 and 5 for additional information. The prolrosed volume of storage available for this development between the low water elevation (48.0 feet) and the minimum top of bank elevation (54.5 feet) will be 151,4;59 cubic feet. Refer to the Basins Stage Storage Tat~ulation, Exhibit "B", pages 6 throuylr 8 ancf the Stage Storage Curve, p.-ye 9, tor• adcfitiorral information. Page 2 of 3 The Outlet Structure was designed to allow the ndjusted Historical Discharge to leave tfre site. T{~e maximum outfall rate through the Outlet Structure, between elevation 44.85 and elevation 54.00 will be 34.7 c.f.s. 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Armstrong, III Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, FL 33757 Re• Whitson Property Settlement Agreement Dear Ed: ~t "`~ COUNCIL MEMBERS Mayor Tom De Cesare, Chm. Vice-Mayor Nadine S. Nickeson, Vice Chm. Councilmember Chuc}c Williams, Treas. Commissioner Janet Henderson, Sec. Mayor Frank DiDonato, D.C. Mayor Robert DiNicola Councilmember Bill Foster School Board Member Max R. Gessner Commissioner Calvin D. Harris Commissioner Ed Hart. • _ Mayor Robert Jackson Mayor William B. Smith Councilmember David Tilki David P. Healey, AICP Executive Director Pursuant to your request, this is to confirm that you have made me aware of the proposed settlement agreement between Mr. Whitson and the City of Clearwater as described in your letter of December 13, 2001. As Executive Director of the Pinellas Planning Council charged with administering the Rules Concerning the Administration of the Countywide Future Land Use Plan, this is to acknowledge that it is my interpretation, pursuant to my authority under the Rules, that the Countywide Plan and Rules would recognize such court-approved settlement agreement. Sincerely, David P. Healey, AICP Executive Director cc: Pam Akin, Ciry Attorney ORIGINAt_ RECEIyED ~~ ~ ~'QV 2 9 Z(~0& PLANNING DEPARTMENT . ~ . ' ClT1" Of. CLEAR~VATER 600 CLEVELAND STREET, SUITE 850 • CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 • FAX (727) 464-8212 www.co.pinellas.fl.us/ppc ' •~ ~ ~ ~ TN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION ~' EDMUND S . WHITSON, JR. , Plaintiff, Case No. 83-3865-20 vs. CITY OF CLEARWATER, a municipal corporation organized under the laws of the State of Florida Defendant. SETTLEMENT STIPULATION The Plaintiff, EDMUND S. WHITSON, ORIGINAL RECEIVED ' -f°~~V 2 9 2Q06 PLANNING DEPARTMENT CITY C?F CLEARWATER ,; JR., and the Defendant, CITY OF CLEARWATER, a municipal corporation, hereby stipulate and agree as follows: 1. It is stipulated and agreed that this action be settled upon the terms and conditions as specified herein (the "Stipulation"). A copy of the proposed Final judgment is attached to the Stipulation and. made a part hereof as Exhibit "A." 2. This Stipulation involves and affects a certain parcel of property located in Pinellas County; Page -1~ . ~ ~- ~ ~ • Florida, the City of Clearwater, and more specifically described on Exhibit "B" attached - hereto [the "Property"] . 3. The development of the Property shall be consistent with the development standards set forth in the Use and Design Standards Matrix attached hereto as Exhibit "C" (the "Matrix"), as supplemented by the Clearwater Community Development Code (the "Code"), and the other provisions of this Stipulation. No re-zoning or Land Use Plan Amendments or other ordinances are required as a condition for site plan approval, for issuance of building permits or for the development of. the property. All Permitting and Development shall be entitled to proceed in accordance with this Stipulation. It is not the intention of this Stipulation and the Matrix to limit or restrict any of the development parameters as shown in the several design standard columns beyond the. requirements of the current ordinances and Development Code. It is ,agreed that . ORIGINgL RECEIVED Page -2- ~'~'~ 2 9 ZC~A& " PLANNING DEpAttTnn~-.~~ t~ '~ 4 ORIGINAf. RECEIVED NOV 2 9 2~0~ pI,pNNING DEPARY~E~'~ CIN OF GLEAR~rt-A'~5 . development for any and all of the allowable uses shall be permitted, including combined and mixed uses. In the event that any amendment to the Development Code or City Ordinances or any other City or County Ordinance or any law should become effective subsequent to the date of this Stipulation, then plaintiff, at his sole option, may elect to apply any provisions thereof in>lieu of any provisions of this Stipulation or the Matrix. The Defendant agrees that the Property shall continue to be exempt from all tree removal ordinances set forth in the Code until the site is developed. All other provisions of the Code, except as specifically set forth herein, shall apply to the development of the Property. 6. In this action, plaintiff has contended that the property .was and is exempt from the payment of impact fees by virtue of the original Annexation Page -3- ~• ! Agreement and subsequent acts. The Defendant has contended that there is no such exemption. Tn . order to compromise and amicably settle this issue and all other disputes and claims, the parties have, and do hereby, stipulate that the property shall be exempt from any and all City imposed parkland dedication requirements, recreation impact fees, .and water and sewer itripact fees, subject. to the limitations herein provided. In addition, the Defendant agrees to the extent allowable, to waive the transportation impact fee for the development of the property, except to the extent of the amount by which the otherwise applicable fees may exceed a ceiling calculated by multiplying 67,800 square ORIGINAL feet times the rate now pro vided for the assessment RECENED N~V 29 206 or calculation of fees for medical offices . PLgNNINGDEPARTN'+E~' It is provided, however, that this exemption CITY OF CLEARw~~'~N from impact fees shall apply only if the Plaintiff shall .within three years after the date this stipulation is approved, submit a site plan fo r the Page -4- ., ~ • ~ development of the property and thereafter develop the property pursuant to such site plan or approved amendments thereto; otherwise, this exemption shall lapse and become null and void. 7. The development rights set forth in this Stipulation (other than impact fee relief), shall be valid -for a period of ten (10) years from the date this Stipulation is approved by the City Commission. If Plaintiff obtains the initial building foundation permit required to execute an approved site plan within said 10 year period, this shall be deemed to vest all rights for such approved site plan. 8. The Plaintiff releases the Defendant from any and all claims, actions, causes of action and damages for breach, which he would otherwise have against the Defendant. C)RIGINAI,. g , RECEIVED NOV 2 9 Z; ~" Q1,gNNING DEP~-I~~dnr+~~+ CIN OF GI~F~snnrr.~~~<- The Defendant releases and waives any claims; actions, causes of action and damages Defendant may have against Plaintiff in this action. Page -5- J '• '. 10.-The Final judgment and Stipulation shall be deemed to establish property rights and obligations which . run with the land and which are binding and enforceable against and in favor of the Plaintiff, and which shall inure to the benefit of Plaintiff, .his heirs, assigns and successors in title or interest, and be binding upon the Defendant. Defendant agrees to cooperate with Plaintiff's efforts to secure any other governmental ~;or regulatory approvals and permits for ..the development_of the Property in accordance with this Stipulation. Defendant agrees to do such acts and execute such. documents as may be reasonably necessary to carry out the intent and purposes of this Stipulation and to support Plaintiff's claims to entitlement to exemption from impact fees as set ~~ forth herein.. ORIGINAL RECENED 11. The parties agree to be bound by the terms of this NQV 29 ZQO6 Stipulation upon each party having signed same and PLANNING DEPARTMENT CITY OF CLEARwA~'~~ consent to entry of a Final. Judgment in this cause . Page -6- ,~ ~~ PINELLAS PLANNING COUNCIL _ December 18, 2001 Mr. E.D. Armstrong, III Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, FL 33757 Re- Whitson Property Settlement Agreement L~' 7~ ~. COUNCIL MEMBERS Mayor Tom De Cesare, Chm. Vice-Mayor Nadine S. Nickeson, Vice Chm. Councilmember Chuck Williams, Treas. Commissioner Janet Henderson, Sec. Mayor Frank DiDonato, D.C. Mayor Robert DiNicola Councilmember Bill Foster School Board Member Max R. Gessner Commissioner Calvin D. Harris Commissioner Ed Hart. _ Mayor Robert Jackson Mayor ~Iliam B. Smith Councilmember David Tilki David F? Healey, AICP Executive Director Dear Ed: Pursuant to your request, this is to confirm that you have made me aware of the proposed ~ -. settlement agreement between Mr. Whitson and the City of Clearwater as described in your - letter of December 13, 2001. As Executive Director of the Pinellas Planning Council charged with administering the Rules Concerning the Administration of the Countywide Future Land Use Plan, this is to acknowledge that it is my interpretation, puisuant to my authority under the .Rules, that the Countywide Plan and Rules would recognize such court-approved settlement agreement. . Sincerely, David P. Healey, AICP Executive Director cc: Pam Akin, City Attorney ORIGINAL, .. RECEIVE6 .: r~ov .2 s zoos PLANNING DEPARTMENT : ~ ~ ~ - CITY OF CLEARWATER 600 CLEVELAND STREET, SUITE 850 •CLEARWATER, FLORIDA 33755-4160 TELEPHONE (727) 464-8250 • FAX (727) 464-8212 www.co.pinellas.fl. us/ppc '' 9 1 / ~-~ ..ww :i '~ IN THE CIRCUIT COURT FOR PINELLAS COUNTY FLORIDA -Civil Division CASE NO. 83-3865-20 EDMUND S. WHITSON, JR., Plaintiff, vs. CITY OF CLEARWATER, a municipal corporation organized under the laws of the State of Florida, Defendant. 02-22 18S CO U 8K12120 ~3 PG ~ 3353 PINELLR 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII _ ! ~~ ~ .,~ - Y' ~ ` , ` ~ -z1 ~' .~ -;~~ FINAL JUDGMENT _. `'' ' ` r THIS CAUSE having come on to be heard upon the Settlement Stipulation of the parties dated December 14, 2001, and the Court having considered same and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1. The parties shall be bound by, and shall perform the executory terms and provisions of, the Stipulation, dated December 14, 2001, which is attached hereto and is hereby approved by this Court and made a part hereof by reference. This Final Judgment and said Stipulation shall be deemed to establish property rights and obligations which run with the land described in said Stipulation in Exhibit "B" thereto, and hereinafter, and which shall be binding and enforceable against and in favor, of the Plaintiff, and which shall inure to the benefit of the PlaintifF, his heirs, assigns and successors ~--~ ~ in title or interest, and be binding upon~t#ie~IDefendant. Said lands are located in Pinellas County, ORIGINAL RECEIVED . . NOV 2 9 2006 PLANNING DEPARTMENT CITY OF CLEARWATER ?-17-03 11:59am From-JONNSON,P"~ FRDM 611.1 I TSON & WH I TSON , P. F~. v eGMM1961CNF'As 7274418617 I ~ T-951 P.02/02 F-199 Pl~nv tJO. :727 446 8336 L~C.7A~.r7 (~~ ~l~U'N'T~t'' pAAQARA SHEEN TOOL CHAIPNAN GEORGE GAEER - vtc~ GHAIRM~ ,JC1hIN GMC$NUT. JR. CHARLS:S E. RAIN2Y SAUC~.TYNAALL November 15, 1991 Hr. Ed Whitson 309 S. Garden Axe. p~.earwater, P1 3467.4 HE: LaBelle Ala2a - Nursery Road (23-29-15) Dear Kr. Whitsoa: N Il , '\ ~C~MIvII~S7C~NE~,~ P1~'J>wLLAG CQUNTY. FLURIDA pEPAR7MEtVT OP PU~tG WARKS 44b COUf9T a9TR>=Ei' GI.EARWATER, Fl- ~atS16 pHC1Ni=: (s9 n) asa~az51 To confirm oar field meeting and Conversation, Nursery road to the East of Highland Avenue along tho north line of LaBe17.s p7.a2a is shown ott the functional classification .as being under Pinellas Govuty ~urisdietfon. Y am unable to find any rlght-oi'-way except ChaC Hhick~ would exist by pCascription oc maintenance. ' Tho dapat;t~nt oP tx~ansportation design manual ahawa that sidewa7.kn should be constructed no closer than 6 faaG fxum t8e edge of paving with a prererred offset of 8 Fast. The sidewalk should also have two Peet of level ground adjacent to it boLora starting any ditch slope. I also eta unable to locate any funded projacC for reconstructing of Ntsa; eery road in the County budget. Any aanstruCtica outside the Bight-aL'-47ay.will aot require a County Utility License. Sincerely, ~~ P u`~ 1 Sutsiller, administrator Land Development/Permitting bivision P!3/jla FWSSPC013/1/207 ec; Eiles ORIGINAL Ted Clark RECE City of Clearwater L~eparttnent o£ Planni.AS ~®' ' ~QV 2 9 2[06 "PItvELLAS COUNTY IS AN EcaUAI.OPPORTIlNITY EMPLOYER" Mamwar-Pinetlat7 Partnership for a (?rug FrBe WorfcPlaan PLANNING DEPARTMENT +~ CITY OF CLEARWATER ~~ D~inrod On r~+CYclttd DpO~~ NURSERY ~P --~ CL BELLEAIR ROAD a ^ BOARD OF COUNTY COMMISSIONERS John Morroni -Chairman Kenneth 7. Welch -Vice Chairman Ronnie E. Dun2n . Calvin D. Harris Susan tatvala Karen Williams Seel Rohert B. Stewart June 9, 2005 Mr. Edmund Whitson, Jr. 231 ~irindwazd Island Cle::.water, FL 33767 Re: Parcel No. ~3i29/1 S/O0000/3~O/G300 Dear Mr. Whitson: Pinellas ~~X. ,. County GENERAL SERVICES Lease Management Thank you f ~r taking the time to discuss the above-referenced property with me today. I look forward to further cor ~ •ersations with you or the buyer/developer of the property. As you r.quested, I am providing you information in writing. I explained to you that the Tax Collector is, explortng the possibility of relocating one of her offices and she requested our department's assistance with i~~entifying potential locations. A few of the Tai Collector's needs for the office include ,a) appreramately 10,000 sq. ~. of office space, mostly open space for approximately 37 workstations and a seat'_~tg area to accommodate 60 customers; b) vehicular drive-through capabilities; c) at least 75 parking spaces; and d) public and private restrooms. The office needs to be within atwo-mile radius of the current office. For purposes of a new Lease, the term length is restricted by Florida Statutes to a maximum term of five yeazs. However, our leases include renewal terms beyond the initial five years. Our current lease is an annual rene~~al term effective March 6"' of each year. It is anticipated that the Tax Collector will make a decision. and the current lease will not be renewed for another year. 1 would be happy to meet with you at your convenience: Please review this information with the potenti~? developers and advise me of your decision- Thank you and I look forward to hearing from you soon. Sr. Lease S,~ectahst WLC/me ~ , Whitne~~71U0~=:U84 Ur\Vhitson.doc ORIGINAL RECEIVED Nov 2 9 zoos PLANNING DEPARTMENT CITY OF GLEARWATF~ Sinr;rely, GcNE ICES DEPARTMENT ~~ - .. ~ .. , lutney L. _;reec PLEASE ADDRESS REPLY 70: 201 Rogers Street Clearwater, Florida 33756 Phone: (727) 464-3496 FAX: (727)464.3374 SUNCOM: 570.3496 Wehsite: www.pinellascounty.org ca a B6 ~ IJf -»--- (4U •- 8 ----• _._-.. ._. ... ~ 30 --- v~-- 2 ~~ ---~ - 63 + ~ 32 __ 25 __~ LiJ ~ --- 33 -- ~~~--- ~ --- 23 __ ~ 3$ - 22 `-- c -- 56 ~ ~r. ---~-- 21 - 20 - ~ m @138 18 - A. ~ --- ' cp 40 a --- is ti ~ --- I`u - ~ - ;~ ~= fl--•44 __ 13_ ---~ • _..~ Id 1 : ~ 12 m ~, 4s _o `~ ---- ie ~ ~ Z ~ Id2 : 91 -- -- __ _a~ • ------ __ 1d -----~ _ A 1 : ~ - ~ - -- ia~ ~ _ - y ----- e A 2. I I ~~_ . ~t _ 7 140 ~ E i N ~ J_ ~ ---~ S T : ---- s ~ -- ~ z-~- - .. a r Sfi , - I 83 m - = -------- ------ ~ ~~ as 20C ot*' ~-- 2~'$ --~ Exmpt ; ~ ~ ~,,~ X44=~35J W I I rr~ ~ ~; ~ , i ~ ( ~ 100 Just / L 1 106,9 n 7 ~ e _ 4 ~ I10 ~ A s s e s s l ~ - -~- ~ ' o 33!06 i ~ 5 ~ ~, ._ - ~-.- ~ o r ~ 106 ~ '~ IICI 167 r ~~ ~ , ~_ an LTL'a~7 ~~ ~ m ~ X33/CSl r33:p7` RUN E ~ - - ---- ----- eo 4001 41 14~ °~ 43~, ,r,~ 100 • 0 o I ur ORIGINAL - RECEIVED ~~~ 2 9 2006 PLANNING DEPARTMENT CITY QF CLEARWATER I rrl 4 ~ PE PH 5 ~5~74 ~ _y ~ ~ J ~ f~~,~ PFi I PH 6 ~~~~r• I~ ,,/ / F' H 3 ------ ~~ \ , P ~4i0Z) L . ~ J t+. C !?22.55 ~-~__ ~ i"3~ ~a6i ~ _ a ~. ~ ~ AC aa~.ea ~~1 34%C35 ~ ( -, ~ i IN TI;iE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION `EDMUND S. WHITSON, JR., Plaintiff, Case No. 83-3865-20 vs. CITY OF CLEARWATEFt, a municipal ; corporation organized under the laws of the State of Florida Defendant. SETTLEMENT STIPULATION The Plaintiff, EDMUND S. WHITSON, JR., and the Defendant, CITY OF CLEARWATER, a municipal corporation, hereby stipulate and agree as follows: 1. It is stipulated and agreed that this action be settled upon the terms and conditions as specified herein (the "Stipulation"). A copy of the proposed Final judgment is attached to the Stipulation and made a part hereof as Exhibit °A.n 2. This Stipulation involves and effects a certain parcel of property located in Pinellas County; ORIGINAL RECENED Page -1= JUG 11 2006 PLANNING DEPARTMENT CITY OF CLEARWATER ~ ~ Florida, the City of Clearwater, and more specifically described on Exhibit "B" attached hereto [the "Property" ] . 3. The development of the Property shall be consistent with the development standards set forth in the Use and Design Standards. Matrix attached hereto as Exhibit °C" (the "Matrix"), as supplemented by the Clearwater Community Development Code (the "Code"), and the other provisions of this Stipulation. CNo re-zoning or Land Use Plan Amendments or other ordinances are required as a condition for site plan approval,. for issuance of building permits or for the development of the property. ) All Permitting and Development shall be entitled to proceed in accordance. with this Stipulation. It is not the intention of this Stipulation and the Matrix to limit or restrict any of the. development parameters as shown in the several design standard columns beyond the. requirements. of the current ordinances and Development Code. It is .agreed t~iat ORIGI RECEIVED Page -2- JUh 112006 PIANNIN CLEARWA ERA CIS`( OF ~ ~ development for any and all of the allowable uses shall be permitted, including combined and mixed uses. In the event that any amendment to the Development Code or City Ordinances or any other City or County Ordinance or any law should become effective subsequent. to the. date of this Stipulation, then plaintiff, at his sole option, may elect to apply any provisions thereof in lieu of any provisions of c this Stipulation or the Matrix. 4. -The Defendant. agrees that the Property shall continue to be exempt from all tree removal ordinances set forth in the Code until the site is developed. _ 5. All other provisions _,. of the Code, except as specifically set forth herein., shall apply to the development of the Property. 6. In this action., plaintiff has contended that the property was and is exempt from the payment of impact fees - by virtue of the .original Annexation -_ - - _ . _ .- ~- 4.;•,~ ORIGINAL. - RECEIVED Page - 3 - ~~~ ~ 12006 ~; aNNING DEPARTMENT .., t n(?~r~ATFR Agreement and subsequent acts. The Defendant has contended that there is no such exemption. In order to compromise and amicably settle this issue and all other disputes and claims, the parties have, ana do hereby, stipulate that the property shall be exempt from any and all City imposed parkland dedication requirements, recreation impact fees, and water and sewer impact fees, subject to the limitations herein provided.. In addition, the Defendant agrees to the extent allowable, to waive the transportation impact fee for the development of the property, except to the extent of the amount by which the otherwise applicable fees may exceed a ceiling calculated by multiplying 67,800 square feet times the rate now pro vided for the assessment or calculation of fees for medical offices. It is provided, however, that. this exemption from impact fees shall apply only if the Plaintiff shall .within three years after the. date this Stipulation is approved, submit a site plan for the ORIGINAL Page -4- ~ RECEIVED ~' 4B 11 ~0~6 .S ..r a.- ~'~ANNtNG DEPARTMENT ..~ ~. nwe r e RT~p ~ ~ development of the property and thereafter develop the property pursuant. to such site plan or approved amendments thereto; otherwise, this exen~tion shall lapse and become null and void. 12~' 7. The development rights set forth in this Stipulation {other than impact fee relief}, shall ~~ i2~D.~'~~.oll be valid. for a period of ten (10) years from the date this Stipulation is approved by the City ~° Commission. If Plaintiff obtains the initial building foundation permit required to execute an approved site plan within said 10 year period, this shall. be deemed to vest all rights for such approved site plan. 8. The Plaintiff releases the Defendant from any and all. claims, actions, causes of action and damages for breach, which he would otherwise have against the Defendant . 9. The Defendant releases and waives any claims, actions, causes of action and damages Defendant may have against Plaintiff in this. action. ' ~ ORIGINAL .Page -5- RECEIVED JAL 112006 PLANNING DEPARTMENT _ _. ,e.. ~ n me ~.IA~SIJ • 10.-The Final judgment and Stipulation shall be deemed to establish property rights and obligations which run with the land and which are binding and enforceable against and in favor of the Plaintiff, and which shall inure to the benefit of Plaintiff, -his heirs, assigns and successors in title or interest, and be binding upon the Defendant. Defendant agrees to cooperate with Plaintiff's / efforts to secure any other Bove-rnmental or regulatory approvals and permits for the development of the Property in accordance with this Stipulation. Defendant agrees to do such acts and execute such documents as may be reasonably necessary to carry out the intent and purposes of this Stipulation and to support Plaintiff's claims to entitlement to exemption from. impact. fees as set forth herein . ~~ 11. The parties agree to be bound by the terms of this Stipulation upon each party; having signed same and consent to entry of a Final. Judgment %n ~I(use . - ~-RECEIVED Page -6- .!t.~~,_ 1 ~ 206 MANNING DEPARTMENT ~~-• ~~ CLFA42WATER i • 12. The parties agree that the Stipulation and Final _ Judgment in this cause may be recorded at the expense of the plaintiff. IN WITNESS WHEREOF, the parties have executed this settlement. agreement on the dates shown below. CITY OF CLEARWATER, a municipal Corporation organized under the laws of the State of Florida By: M r Comm' sinner By . 1. City Manager Dated: !~~ jY~~ f APPROVED AS TO FORM AND CORRECT: By: City A torney ORIGINAL RECEIVED ~~L 112006 PLANNING DEPARTMENT Page - 7 - CITY QF CLEARWATER i • By: Ci Clerk 12!320019:19 AM 40191.100201 #252808 vl - WHTTSON Setfletneat Stipulation Dated: ORIGINAL RECEIVED ~;JL 112006 PLANNING DEPARTMENT Page -8- CITY OF CLEARWATER _n Ea~T~ "C" t N t~;-tfTSO[~ Pr''.~JP=.R~Y- Use ~: ~Jasign <>;ancar'c~- €~F.atn~. ~%~ '"'Y`. ~ l t. ~ -~ ' ~ " ~` ~ ,.~ay~.<d ' -' - r - ..r ~%"'. ~' '1^-'}i.~?a79e~y nl~dl_+{ ~ '~~Il ~ ~ ~...:=_-~--' ~ ~ ''"'_" ~?-':%,= --",, 1,,f.- __~. ~F-- - r ..s.';.tif.~ - _-- ' b`~ -7 ~ __ ... ~ ~ ~- r~ ~ ~~! /-...>r- ~ n ~ I`;~ ;-..,(~" ~ ''~ iT}~ ~l ~~ ~=fir ~ Eaf_ , ~? - - _ :T_ ..s'~?. ~~.. T ~t~it. ~ Zi%.-c~. ~1 C . ~~/ - t3~ - t~(~ 3a~.~,~lti^ v_~~ ~;,.y.-i'~='s~ .'Y'd` t'~J"~~ ::arty ~ y~%" ="y~~ T ~'~~CiA... ~-t~;~ ~ ~~~,,,~:. 'T?~:ia"vSe~'~'~ ~.~. ~ ~~~-.?~'-~,,+ ~~T~! -~Sea~x ~~~.~ E~~~.. ~ ~ :~XS=."~" ~~c.~.~a~ _ k ~,.'. ` ~~(y= -~'~~ t~~ ~~ ~~'~- 1;'=- '~.:-. ~' ~> ' FC`~" [ante ~~i---•~.~_.`~ ~.++ _ ~i~~ie`~~'~~r~~~ol r ~. .~_ ~;nzn.:at {n^>6hrrbn _.. ' j ~ i . c ... t _ _ _. ~~ ~~. _ -_t ... . - (m drive-firv) t f n ~ D°;armed /.v°cm~ ~ ;; :1,000 50 20 SO ..". °.J' 2S 5 15 ?S i.at>7"J 0 5~.2-20?; 8..1.,2,3.,'.. 5. a~4 u (5-10K sq Y) ~ ~ ~ 1 ~ r , D°;a:.i1~ Dwe~c~es X 10,000 ~ 2~ ..a ?S :S 5 " 45 35 1.a~1 0 Ser. 2-204, B.,1.,2,3. 4- 0. aid o ~ , , Atta.'rad Dur~ars l ,. i0,D00 j f00 I t5 ~ 25 25 25 5 10 ~ fliyJ 5 Ser.2-Sv3. B-.1,2,3.,4. a;~d 5 ac) (ma:. 15 ou kduit Uses i r ~miried PJ:andu Bev~•a?e Saes fO.OC° ~ iC0 I ~ ~ 200 200 ~ 25 20 20 ;S X1000 GF.A ?0 Sw.2-704, A~1, a~ 2 l A.~st°d t~ ; a~rfi°~ :: I ~;oor ioo ~ 25 ~ 3s a ~ 5 ~ io So )4 Ru .o h~,~ Rdult'Cay Cze ' I . ~ l Auto S°rvi~ Statw,^, ~ Fiat?°rnitied I - j hilA Cxn°tsries j iva?~-~ttc:i j N!A Cfiild Day Care ~ ~ ~ i Ca~aey^ate Ca:>_ ~ i ~~,000 j 100 25 35 °5 ~ 25 5 10 ~ , /~ Res Y 1Q i ~ 5~:. 2-504, B.,,.~,3, 4. aid 5 Corv~6on Center I j ?~a'.?e^nipa' i ~ ~ ~ f i h1/~l i Drn's--Tnru i-a~rty Ca j ~ j ~ ~ j i t=tnaraa{ ir~ihroon i - I ~ ~~ i ~ uoveci:snaiita Lam.- i iC,O^a 100 i 25 ~ :.a ~ 35 25 f0 ?0 ~ 4(100;? SrR - 10 :~ 2-703, ~., f.,2 zed 3 >':~iway Flow>s 1~at?~niSteJ ~ ! ! WA J }ia~iCa!s ~ I tit?~ni3ed j ~ ~ NSA I ~ i , }hedi,zi C6rSc ' 20,D/J 100 ~ :S I 4C ~ 40 ?a ~ CJ ( p aU 5/1000 uFk i0 Ses. 2-1203, =. I F.lzrinZS I ivy?eacitt~d ~ i I ~ WA j Fh~ue Name I tro: F°<mitied I ! N' A tvSoo7e'rome?zx ~ ~ t~?e,ritiw I ~ I I ~ I I ~ ~ t:A I I twohlcit:bs, Tav~s & Esc ~ fJU: °~ni0~ i ~ ~ I hJA Nozrresiden6al ozri;z~g ' n h6'A t'JA 25 25 25 5 5 10 50 K~A, 10 I~ 1'hr.~rx~ tjome:. X fi DO? I *, 50 ~ 25 35 .',5 l ~ 25 1G 15 50 1/f000 sq. P ~ 10 Se'.2-1004, 8.1.E z~: 4 ~~ n 10,Ov') ~ 100 25 25 25 2~ i0 20 fi0 4<'1000 6FA 10 Sec.2-10.4, C ~ ~ duldoor Retal Sass ~;?;rr„itt~l f 4 hUA CNe;ni~nf ((I ( 4 Ac~rommodztions ~ t~v ?~mifled I ~ i t~A J ~~ ~ ,~JI Use Ca(ega~.s are based Upon d=r;nriors a>nlained within ,4riiNe B of City of Cieav,^a;er Comity Elevelop~~nf Code, adopted .;asr.:ary 21,1 ~, effe;ti,>° i+fa~h 1,1009. Fa uw°s aot leaned, {J~ Gry x fo interpet any p~ropes.'d us; based upon Stale of Ra~ida t.and Use Code Gassiacz(ioi~ (ata°.red~ z The followirr~ uses sial( Ere "fiexroEe" (sirov~m zs 'r=' in t't>° r;,aL-ix) uses z; set tartan in the Code, and subje~ to ttr rVview aiieria ~t forth fir~sin: Pd~tbl~. Bevera~ Safes; Research and Teciwiog}; indoor R~eaaonrntettainrrNr: Restaurant; Relad Sales and S~vi:~; Tei°~nxr.~ni~lions t ovr~ Cliiid Day Case; ar~d DrivcTtxough ~a~iiy for Fnar~;;af tns6tutpn. 4 ,4lcohoiic Beverage Saks 2s an anciCary uss sf`a~ ~ afiow~l corssf.,r~ with the provisions of tie Cod°. - P,esideniial Ders~ry shah ~ permitted at a~d:~sity ot` n~een (15) uni~,s p°i aae. ` s ~~otfling contained 'Herein shad be cons'^! ~d as prohihiiina tie ?Eaintiff from s~iar~ relief fram sae sethaek requirement; pursuant to tt`le Code. ORIGINAL RECEIVED JUL 03 2006 PLANNING DEPARTMEN? CITY OF CLEARWATFP' _ ~ 1' ~r'i cµ"~"''yi~F" -~~ t~~~ ~~~-{T ,.p=~f ~ Ut~E~~ `.-~y..-~ "'?•,Y~' a .v~~.~i~ . ~i~~~0rt ~ "...=.~~»iitlt.~ ~-`"5~i~~2..i : _'3~ - = f'~3=-:.c~ - ~~r..T~i.. :. ~~'~wcY T'~~ l..~..... ~ ~~~~~' Parking Gar-.ges and Lots Not P~~nitted WA ~~S orwors:,i~ X ao,6oo 20o zs 3s 35 2s io 20 so i= seas io s~2-zo3, c.,i Pub(w Parks and X WA WA 25 25 25 25 i 0 20 50 V20000 ian3 10 None j . Reae~on ~ , Pubirc Tra~Odation t~bt P~mittd },~A FaaTity Research ar~d Techra{ogy F 2Q„006 200 ?0 25 25 20 15 "' 15 50 211000 GFA 10 1•bne ., Use Re~ci-„ntiat Si~eft°rs No{ Pc~mitt~ wq R~aruals r" " 10,000 100 25 100 100 25 10 20 50 15!1000 GFA iD Sek 2.704,!.1. x.,3.,4.,5 and o Retarl Sa{-.sand Service r '',000 ' 100 25 35 ?a 25 i0 20 50 15/i000 GFA ' S0 5er. 2-70a, J.i.,2,3.,4. arrJ 5 RV Parrs Not , ,fitted ~ N!A School X 40,000 200 25 25 25 ?j 10 25 50 1I3 Str~d 15 None , SatvageYarS; NetPrrmitfed N!A Sidewzlk Vencbrs Noi P:~mitted NIA Tehc:xnmurocaoo~ N!A NIA NfA fJIA WA E~lA NIA WA NIA N1A. NIA WA Tows N and Radom SNdps X ?0,060 200 25 25 25 ~ i0 20 SJ 4!1000 GFA' k%A lltintiesMirasuuctura X WA M%A 25 35 .'S 25 15 10 i~b'A ~ " • WA Se» 2-1303,1.,1 a~d2' Faciiiii°r^ Vehicle Sa!~°~ia>> Net Pcmrtted NIA Veiiicie Service Not Femifled pyA Vet~uzary Gtf~ and X 10,000 100 25 50 54 25 10 2i1 35 4(i0~ GFA 10 Ste:. 2-1003, L.,1 a~3 2 Grooming N~rmksale/tks>r~uuon Not F~mift~ hUA Fa~rty J i217120o13:3i PM d-7 333c2.~040 x241415 vi - W1~TSON PnP,'~?iY - i~ €, D~..s~on Sfandarw Aaatra 2 ~. CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 PLANNING DEPARTMENT February 11, 2009 Renee Ruggiero Northside Engineering Services Inc. 300 South Belcher Road Clearwater, Florida 33765 Re: FLS2006-06075 ~ 1515 S. Highland Avenue ~ Belleair Manor and Belleair Manor Shops Second Time Extension Development Order Dear Ms. Ruggiero: On March 8, 2007, the Development Review Committee (DRC) approved your Flexible Standard Development application to permit 68 attached dwellings and 19,199 square feet of non-residential floor area as per Court Order and Stipulation with a Comprehensive Landscape Program as per Section 3-1202.G. of the Community Development Code along with a Preliminary Plat associated with said Flexible Standard Development application. Pursuant to Community Development Code (CDC) Section 4-303, an application for building permit was to have been made within one year from the date of the approval (by March 8, 2008). However, on February 14, 2008, a request for aone-year time extension to initiate a building permit to construct the improvements on this parcel was approved (to March 8, `1009). On January 29, 2009, a request for an additional one-year time extension was made. The requested extension cited the significant downturn in the national economy as well as the condominium/townhouse market in Florida as the reasons for the delay in the project. In accordance with the provisions set forth in CDC Section 4-303, I hereby APPROVE aone-year time extension of the Development Order to March 8, 2010, in order to initiate an application for a building permit to construct those improvements on your parcel of land at 1515 S. Highland Avenue as previously approved by the DRC with same conditions of approval attached. Please be advised that no further time extensions are available for this application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Development Review Manager at (727) 562-4539 or via email at robert.tefft~myclearwater.com. Sincerely, Michael Delk, AIC Planning Director ~~t~,..,.. F ..............,mm ...., e..........T..... e....,... ~.....,..,....~~ Northsi~e ~ ,~. ~.. January 27, 2009 Mr. Michael Delk, Planning Director City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2006-06036 and PLT2007-00001 1515 S. Highland Avenue Belleair Manor and Belleair Manor Shops Dear Mr. Deik: CIYIL LAND PLANNING ENYIR®NMIsNTAL On March 8, 2007, the Development Review Board reviewed our Flexible Standard Development application to permit 68 attached dwellings and 19,199 square feet of non-residential floor area along with a Preliminary Plat associated with said Flexible Standard Development application. The Development Order issued in association with this application, provided a deadline of March 8, 2008 to apply for construction permits. Subsequently, a one year extension was approved and expires on March 8, 2009. Due to the extreme downward turn in the condominium/townhome market within Florida, and the economic issues currently being experienced by the Country as a whole, the development team has determined that it is still not feasible to move forward with construction at this time. It is our hope that within the next eight to twelve months the market will begin to turn. around. We offer our assurance that the development team has worked diligently to move this project forward; the architectural plans have been completed, the SWFWMD permit has been obtained and we are ready to submit once the market and economy is more stable. The property owner is investigating the possibility of moving forward with the mixed use portion first in an effort to engage new interest in the townhome portion of the project as the market strengthens. Please accept this letter as a formal request for an additional one year extension to apply for construction permits for the Flexible Standard Development approval. Should you require additional clarification or information, please feel free to contact me; we understand this extension request may require review and approval by the Community Development Board. Thank you in advance for your kind consideration and assistance with this request. Res ully, Renee Ruggiero, Project Planner Cc: NES File #620 Keith Breading 300 S. BELCHER ROAD tLEARW ATER, FLORIDA 33765 TECHCc~NORTHSIDEENGINEERING.COM 727.443.2869 FAX 727.446.8036 ~~~~~~ D .~W 2 9 ~9 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER ,r .. ~~%+d PIANNING DEPARTMENT February 14, 2008 • • ~IT'~'®FCLEARWAT'ER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Ms. Renee Ruggiero Northside Engineering Services Inc. 300 South Belcher Road Clearwater, Florida 33765 Re: FLD2006-06036 ~ 1515 S. Highland Avenue ~ Belleair Manor and Belleair Manor Shops Time Extension Development Order Dear Ms. Ruggiero: On March 8, 2007, the Development Review Committee (DRC) approved your Flexible Standard Development application to permit 68 attached dwellings and 19,199 square feet of non-residential floor area as per Court Order and Stipulation with a Comprehensive Landscape Program as per Section 3-1202.G. of the Community Development Code along with a Preliminary. Plat associated with said Flexible Standard Development application. Pursuant to Community Development Code (CDC) Section 4-303, an application for building permit shall be made within one year from the date of the approval (by March 8, 2008). This same Section allows an extension of time to be granted by the Community Development Coordinator for a period not to exceed one year and only within the original period of validity. On February 11, 2008, you submitted a request for aone-year time extension to initiate a building permit to construct the improvements on this parcel. In accordance with the provisions of CDC Section 4-303, I hereby APPROVE aone-year time extension of the Development Order to March 8, 2009, to initiate an application for a building permit to construct those improvements on your parcel of land at 1515 S. Highland Avenue as previously approved by the DRC with same conditions of approval attached. In the event you are unable to proceed with the project by submitting for the building permit, an additional extension of time to initiate a building permit application may be requested. Pursuant to CDC Section 4-303, the Community Development Coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The request must be received within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The. Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments that would significantly affect the project. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PETERSEN, COUNCILMEMBER ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ February 14, 2008 • 1515 S. Highland Avenue -Time Extension Development Order Page 2 of 2 ' t Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539 or via email at robert.tefft(a,myclearwater.com. Sincerely, ~~ Michael Delk, AICP Planning Director S.•IPlanningDepartmentlCD BlFlex Standard (FLS)Ilnactive or Finished CaseslHighland S ISIS BelleairManor and Shops (O) - ApprovedlHighland S ISIS -Time Extension Development Order 02-I4-08.doc Northsid~ ~ocgioreou~r~ S~wiceQ, ~~rc. February 8, 2008 • CIVIL LAND PI.ANNIN~ ENVtRtDNMENTAL ORIGINAL RECENED Mr. Michael Delk, Planning Director City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD2006-06036 1515 S. Highland Avenue Belleair Manor and Belleair Manor Shops Dear Mr. Delk: ~=~8 ~. + 2~f~3 PLANNING DEPARTMENT CITY OF CLEARWATER We would like to request an extension to the Development Order issued for the above referenced property. On March 8, 2007, the Development Review Board reviewed our Flexible Standard Development application to permit 68 attached dwellings and 19,199 square feet of non-residential floor area along with a Preliminary Plat associated with said Flexible Standard Development application. The Development Order issued in association with this application, dated March 27, 2008, provided a deadline of March 8, 2008 to apply for construction permits. Due to the extreme downward turn in the condominium/townhome market within Florida, the development team has determined that it is not currently feasible to move forward with construction at this time. It is our hope that within the next eight months the market will begin to turn around. While awaiting submittal of the documents for construction permit review, we have obtained the required SWFWMD approval. Upon the city's countersignature of the Florida Department of Environmental Protection, and Pinellas County Health Department applications, we will be submitting for water and wastewater permits. We offer our assurance that the development team has worked diligently to move this project forward; the architectural plans have been completed and we are ready to submit once the market is a little more stable. The property owner is investigating the possibility of moving forward with the mixed use portion first in an effort to engage new interest in the townhome portion of the project as the market strengthens. Please accept this letter as our formal request for an extension of one year to apply for construction permits for the Flexible Standard Development application and approval. Should you require additional clarification or information, please feel free to contact me. Thank you in advance for your kind consideration and assistance with this request. Respectfully, Renee Ruggiero, Project Planner Cc: NES File #626 N. Pelzer Canterbury, LLC N. Ferraioli PO BOlt 4948 CLEARWATER, FL®RIDA 33758-4948 'rE~H@NORTHSIDEENGINEERING.tOM 727.443.2869 FA~C 727.446.8036 ..~, ~; _~ ~- , y 1~r ~~~~~ r . ;~~~ PIANNING DEPARTMENT March 27, 2007 ITS®FLEAR~XIATER POST OFFICE BOX 474H, CLEARWATER, FLORIDA 337SH-474H ~~ MUNICIP,~I, SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Mr. Housh Ghovaee Northside Engineering Services Inc. ~ ~~ 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: FLD2006-06036 -1515 S. Highland Avenue Dear Mr. Ghovaee: M,gF7 3 0 207 MAR ~~ 0 207 This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On March 8, 2007, the Development Review Committee (DRC) reviewed your Flexible Standard Development application to permit 68 attached dwellings and. 19,199 square feet ofnon-residential floor area as per Court Order and Stipulation with a Comprehensive Landscape Program as per Section 3-1202.G. of the Community Development Code along with a Preliminary Plat associated with said Flexible Standard Development application. The DRC APPROVED these applications based upon the following Findings of Fact and Conclusions of Law and subject to the attached conditions of approval: Findings of Fact: 1. That the 5.456-acre subject property is located at the southwest corner of the intersection of South Highland Avenue and Nursery Road; 2. That the subject property is located within the Office (O) District; 3. _ That the subject property is located within the Residential/Office General (R/OG) Future Land Use Plan category; 4. That the uses; building/parking setbacks, building heights, and off-street_parking requirements. of the subject property are governed by the Court Order and Stipulation; 5. That the development proposal is compatible with the surrounding area; and 6. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal will enhance other redevelopment efforts in the area; 2. That the development proposal is consistent with the applicable Standards and Criteria as per Section 2- 1001.1 of the Community Development Code; 3. That the development proposal is consistent with the applicable Flexibility criteria as per Section 2-1004.D of the Community Development Code (Mixed-Use); 4. That the development proposal is consistent with the General Standards for Level One and Level Two Approvals as per Section 3-913 of the Community Development Code; and 5. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. FRANK HIBBARD, MAYOR JOIiN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL JONSON, COUNCILMEMBER CAREEN A. PET'ER$EN, COLINCILMEMBER ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ March 27, 2007 • • 1515 Highland Avenue - FLD2006-06036 / PLT2.007-00001 ,:•: Page 2 of 3 ~D ~~ MAR 3 0 2007 Conditions of Approval: 1. That prior to the approval of the Final Plat, the open space/recreation impact fees must be paid; 2. That prior to the issuance of any building permits, the Final Plat shall be recorded; ~,~ 3. That prior to the issuance of any building permits, the site/civil plan shall be revised to depict the walkway v _._. along the west elevation of the mixed-use building with a westward jog in conjunction with the adjacent colonnade; 4. That prior to the issuance of any building permits, the architectural elevations shall be prepared so as to reflect the building materials proposed, including those for the awnings, sills, windows, doors, and decorative arches; ,5. That prior to the issuance of any building permits, an elevation of the serpentine wall/fence shall be provided and that said wall/fence shall be constructed of materials appropriate to their purpose and location with a decorative finish such as masonry, brick, or stucco; 6. That prior to the issuance of the first Certificate of Occupancy for the mixed-use building the associated Condominium Plat shall be recorded and. a copy provided to the Planning and Engineering Departments; 7. That prior to the issuance of a Certificate of Occupancy, any required Transportation Impact Fees are paid; 8~ That all on-site utility facilities, whether they be existing or proposed, are placed underground as part of the redevelopment of the site; 9. That the final design and color of the building must be consistent with the architectural elevations .submitted to the DRC, and be approved by Staff; 10' That any/all wireless communication facilities to be installed concurrent with or subsequent to the construction of the subject development must be screened from view and/or painted to match the building to which they are attached, as applicable; 11. That any/all future signage must meet the requirements of Code and be architecturally integrated with the design of the building with regard. to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 12. That the first building permit must be applied for within one year of the Development Review Committee approval (by April 17, 2008); and 13. That the final Certificate of Occupancy must be obtained within two years of issuance of the first building permit. I concur with the findings of the Development Review Committee and, through this letter, APPROVE your application for Flexible Standard Development with the above conditions. This approval is based upon, and must adhere to, the application and development plans date stamped received March 15, 2007. Pursuant to Section 4-303 of the Community Development Code, an application for a building permit shall be made within one year of Flexible Standard Development approval (by March 8, 2008) with all required certificates of occupancy being obtained within two years of the date of issuance of the building permit. Please be advised that time frames do not change with successive owners. An extension may be granted by the Community Development Coordinator for a period not to exceed one year and may be done only within the original period of validity. The Community Development Coordinator may approve one further extension not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for extension within the period of validity following the first extension. March 27, 2007 1515 Highland Avenue - FLD2006-06036 / PLT2007-00001 /~ 1 ~~ Page 3 of 3 (f/O'` The issuance of this Development Order does not relieve you of the necessity to obtain building permits or pay impact fees that may be required. In order to facilitate'the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539 or via e-mail at robert.tefft(cr~,myclearwater.com. Sincerely, Michael Delk, AIC Planning Director S:IPlnnning DeparbnentlCD BlFlex Standard (FLS)Ilnnctive or Finished CnseslHighland S 1515 BelleairManor and Shops (O) -ApprovedlHighland S 1515 -Development Order 03-27-O~.doc '1(' ~~~, ,M,. ti:;.- -~ h.4! ..n;r ' '`^~ ., . . _; ~,,. PIr1NNLN ;DEPARTMENT March 27, 2007 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 POST OFFICE BOX 4748, CLEARWATER, FLGRIDA _33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Re: FLD2006-06036 -1515 S. Highland Avenue Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On March 8, 2007, the Development Review Committee (DRC) reviewed your Flexible Standard Development application to permit 68 attached dwellings and 19,199 square feet of non-residential floor area as per Court Order and Stipulation with a Comprehensive Landscape Program as per Section 3-1202.G. of the Community Development Code along with a Preliminary Plat associated with said Flexible Standard Development application. The DRC APPROVED these applications based upon the following Findings of Fact and Conclusions of Law and subject to the attached conditions of approval: Findings of Fact: 1. That the 5.456-acre subject property is located at the southwest corner of the intersection of South Highland Avenue and Nursery Road; 2. That the subject property is located within the Office (O) District; 3. That the subject property is located within the Residential/Office General (R/OG) Future Land Use Plan category; 4. That the uses, building/parking setbacks, building heights, and off-street parking requirements of the subject property are governed by the Court Order and Stipulation; 5. That the development proposal is compatible with the surrounding area; and . 6. That there are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal will enhance other redevelopment efforts in the area; 2. That the development proposal is consistent with the applicable Standards and Criteria as per Section 2- 1001.1 of the Community Development Code; 3. That the development proposal is consistent with the applicable Flexibility criteria as per Section 2-1004.D of the Community Development Code (Mixed-Use); 4. That the development proposal is consistent with the General Standards for Level One and Level Two Approvals as per Section 3-913 of the Community Development Code; and 5. That the development proposal is consistent with the Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community Development Code. a~RANK I'IIBBARD, MAYOk JOHN DORAN, CC'UNCILMEMBEk J.B. ,JOHNSON, COUNCILM%T,4BER BILL.JONSON, COUNGILMEMBER CAREEN A. PE"I'ERSEN, COUNCILMEMBER ~~EQUAl. EMPLOYMENT AND AFFIRMATIVE A%TIGN EMPLOYER'S March 27, 2007 • • 1515 Highland Avenue - FLD2006-06036 / PLT2007-00001 Page 2 of 3 Conditions of Approval: 1. That prior to the approval of the Final Plat, the open space/recreation impact fees must be paid; 2. That prior to the issuance of any building permits, the Final Plat shall be recorded; 3. That prior to the issuance of any building permits, the site/civil plan shall be revised to depict the walkway along the west elevation of the mixed-use building with a westward jog in conjunction with the adjacent colonnade; 4. That prior to the issuance of any building permits, the architectural elevations shall be prepared so as to reflect the building materials proposed, including those for the awnings, sills, windows, doors, and decorative arches; 5. That prior to the issuance of any building permits, an elevation of the serpentine wall/fence shall be provided and that said wall/fence shall be constructed of materials appropriate to their purpose and location with a decorative finish such as masonry, brick, or stucco; 6. That prior to the issuance of the first Certificate of Occupancy for the mixed-use building the associated Condominium Plat shall be recorded and a copy provided to the Planning and Engineering Departments; 7. That prior to the issuance. of a Certificate of Occupancy, any required Transportation Impact Fees are paid; 8. That all on-site utility facilities, whether they be existing or proposed, are placed underground as part of the redevelopment of the site; 9. That the final design and color of the building must be consistent with the architectural elevations submitted to the DRC, and be approved by Staff; 10. That any/all wireless communication facilities to be installed concurrent with or subsequent to the construction of the subject development must be screened from view and/or painted to match the building to which they are attached, as applicable; 11. That .any/all future signage must meet the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 12. That the first building permit must be applied for within one year of the Development Review Committee approval (by April 17, 2008); and 13. That the final Certificate of Occupancy must be obtained within two years of issuance of the first building permit. I concur with the findings of the Development Review Committee and, through this letter, APPROVE your application for Flexible Standard Development with the above conditions. ,This approval is based upon, and must adhere to, the application and development plans date stamped received March 15, 2007. Pursuant to Section 4-303 of the Community Development Code, an application for a building permit shall be made within one year of Flexible Standard Development approval (by March 8, 2008) with all required certificates of occupancy being obtained within two years of the date of issuance of the building permit. Please be advised that time frames do not change with successive owners. An extension may be granted by the Community Development Coordinator for a period not to exceed one year and may be done only within the original period of validity. The Community Development Coordinator may approve one further extension not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for extension within the period of validity following the first extension. March 27, 2007 1515 Highland Avenue - FLD2006-06036 / PLT2007-00001 Page 3 of 3 The issuance of this Development Order does not relieve you of the necessity to obtain building permits or pay impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727),562-4539 or via e-mail at robert.tefft(cr~,myclearwater.com. Sincerely, Michael Delk, AIC Planning Director S:IPlanningDepartmentlCD BlFlex Standard (FLS)Unactive or Finished CaseslHighland S ISIS BelleairManor and Shops (O) - ApprovedlHighland S 1515 -Development Order 03-27-07.doc 1L~~ ®1°l°n~~§ ®1° olJG~i2~~ eJ ZG~iTiLPi ~®~ l~dn~~ P®~1~§ ~®~~l B~ll~~n~ 1F1L ~~~~~ ('~~~) 9~~ll~®9G~® ~Ol~® ~O~~ok4e~ o~ ~-~~~d® March 19, 2007 Mr. Robert G. Tefft, Planner III City of Clearwater, Florida Via e-mail: robert.tefft@myclearwater.com and Hand Delivery 1~Ir. iviek Ferraioli Via e-mail: Ferraioli 1 ~aol.com and Hand Delivery Re: Belleair Manor Townhouses Gentlemen: F~$ Q~~~- ~~Q~~~~~ I am the attorney representing the developer of Belleair Manor Townhouses, to be located at the southeast corner of the intersection of Highland Ave. and Nursery Road, Clearwater, Florida ("Belleair Manor"). Belleair Manor is located immediately north and adjacent to a shopping center known as LaBelle Plaza (the "Plaza"), which is owned by an entity other than the developer of Belleair Manor. Both Belleair Manor and the Plaza are subject to that certain Reciprocal Easement, Restrictions and Operation Agreement recorded in Official Record book 8324, page 831 of the Public Records of Pinellas County, Florida (the "Agreement"). Pursuant to section 9.6 "Future Platting" of the Agreement, it is my opinion that the owner of the Plaza is legally obligated to cooperate and assist in the platting of Belleair Manor, including execution of all required documents and platting instruments, so long as such. platting would not impair the use or further development of the Plaza property. Based on the preliminary drawings I have reviewed regarding the contemplated development of Belleair Manor, I do not believe that said development will impair the use or further development of the Plaza property. The opinions stated herein are based solely on my review of the Agreement and the preliminary drawings for the contemplated development of Belleair Manor. Mr. Robert G. Tefft, Planner III Mr. Nick Ferraioli March 19, 2007 page -2- If you need any additional information, please feel free to contact me. Sincerely, ~~4 David E. Platte ~; ~~ ~.~ , ~, March 15, 2007 Mr. Robert Tefft Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 RE: FLD?.006-06036 - 1515 S. Highland Ave DRC Response Dear Mr. Tefft: CJ a,~ ;;. o Listed below are our responses to the Development Review meeting held on March 8, 2007. General Engineering (prior to issuance of building permit) 1. See revised Civil Utility Sheet C4.1 for lengths and types of pipes. 2. Acknowledged, permanent address assignments shall be provided by applicant prior to issuance of building permit. 3. Hydrants. are located within 10' of water line and gate valves are a part of the hydrant assembly. 4. Acknowledged, evidence of an agreement between property owners identifying responsibilities for ownership and maintenance of the sewer system. This agreement shall be recorded and shall be binding upon successors of title. Prior to Building Permit: 1. Acknowledged, easements over all unrestricted water mains shall be deeded or granted to the City of Clearwater. Fire 1. Please see note and detail added to revised Civil Sheet C2.1 Landscaping 1. See revised Sheet L1.1 which correctly denotes the appropriate scale of 1":30' 2. Please see revised Comprehensive Landscape Narrative which now includes a variance request to allow some areas of islands at less than 8' in width. 3. Please see revised C2.1 for requested curbing. Parks and Recreation 1. Acknowledged, any Public Art and Design Impact Fee that is due must be made prior to issuance of building permit. 2. Acknowledged. ORIGINAL. E2Et;EiVEl3 727.A4~3.28b9 F,~3i 727.4sb6.80~6 FEAR 15 2007 PLANNING f'~EPARTIVIFI~1r 1 CITY OF CLEARWATEp 1 ~~f~.= ~ f".~~. YF,i 1"C.': ,' ..? ~3 Stormwater 1. Per our meeting on Friday March 9, 2007; a copy of the calculations permitted through SWFWMD in October 2001 indicates a drainage area for the North Pond of 5.45ac and a design curve number of 94.0. The attached calculations indicate that this results in a design impervious equal to 186,655sf. Because the proposed development will only result in construction of 177,315 sf of impervious, the north pond as currently designed will not require further modifications. Prior to Building Permit 2. A note reading "Stub outs to be removed the entire length and side wall of existing inlet #7 to be patched/plugged per City of Clearwater standards." has been added to sheet C3.1. 3. The drainage area for each inlet has been delineated and the total area noted on plan sheet C3.1. Also see attached stormsewer tabulations. ~,~ 4. The SWFWM approval letter is provided in this resubmittal. ~ '• 5. The developer, Richard Hamilton with the City of Clearwater Surveying Division and the Surveyor are currently working together to address this issue. We acknowledge the requirement prior to issuance of building permit. Traffic 1. As per my discussion with Bennett Elbo two typical visibility triangles have been provided for the driveways/landscape areas associated with the townhome portion of the development. The shade trees provided within the landscape areas were specifically chosen.by the landscape designer to provide as little visual intrusion as possible into the triangle. Planning 1. The Civil Staking Plan and floor plans have been revised and the "bump-outs" are visible on both. 2. The mechanical equipment associated with the townhome portion of the development is shielded by multiple layers of plantings and/or a decorative wail. The mechanical equipment associated with the mixed use portion of the development is shown on the 3rd floor of the units and is shielded by a parapet wall. 3. The mixed use chart, the shared parking chart. and the application have been revised to correctly depict the square footage of the non-residential portion of the floor area. 4. The site data table has been revised. 5. Please see the revised Civil Staking Sheet C2.1 providing a pedestrian crosswalk with connecting sidewalks as per our discussion at DRC. 6. Please see the revised Civil Staking Sheet C2.1 providing an opening within the enclosure wall and connecting sidewalks as per our discussion at DRC. 7. The townhome portion of the development has been removed from. the share parking equation, please see revised shared parking chart on Civil Staking Sheet C2.1 8. No additional means of separation proposed. 9. East elevation has been revised to provide scoring and awning, please revised plans. 10. Balcony railings have been revised and provide a height of 42, please see revised plans. 11. Building heights have been revised on elevations and correctly depict the height to mean roof. 12. Scoring pattern has been revised and is now consistent throughout the first floor level, please see revised eievations. 13. The foyer doors for the residential portion of the mixed use have been revised and now include decorative windows. 14. Please see submitted color and material list to respond to this item. Please Civil Staking Sheet C2.1 which provides two details of the proposed fence. 15. Please see Civil Staking Sheet c2.1 which provides two details of the proposed decorative fencing. 16. All awnings have been relocated to an elevation of 10' and now match. 17. 3rd floor elevations on south and east elevations have been revised; please see sheet A-5. ®RIGINAl. RECEIVED ~:~.~•~~~~~~ ~.~~ ~~~, ~~w~~~~,~~~~ ~~ . r~AR 15 2007 y~~.4a~.ss~e pax 727.4.46.836 ~1ANNING bEPARTMENT CITY OF CLEARWATER r v 18. Please see revised Civil Staking Sheet C2.1 for revised language addressing the easement. 19. Decorative trim has been added to the windows of the units to dress up the elevations, please see revised elevations. 20. The colonnades have been increased to provide a more pronounced appearance and appear on the Civil, Landscape and Floor plans 21. Please see revised sheet A-3 for revised floor plan, stairs have been removed. 22. Please see revised elevations as all storefront windows on towers have been lowered and are equal. 23. Turning movement has been provided on Civil Staking Sheet C2.1 as per your request. 24. Gates will have alatch/locking mechanism and will remain closed unless unloading is occurring. 25. See attached FTE Drawing T-10138-C which provides the Progress Energy Easements. 26. Please see revised sheet A-5 all railings have revised to provide 3'6" height. 27. Land area for Nursery Road has been deleted from the ISR calculations. 28. The surveyor has confirmed the legal description and west property line, the plans correctly depict the western property line. If there are any additional comments or concerns, please contact our office. S~ Y, Renee Ruggiero Project Planner ~-g-6 Belleau Manors & Belleau Shops NES # 620. RMR/rmr 3.15.07 ©RIGINAL RECENED 727.443.2869 FA?C 727.446.8®36 6~AR 15 2007 PfANNING DEPARTIiIIIEN~ 3 CITY OF CLEARWATEE ? ~~, ~ _~~ i. z .~ #20 ' #21 :I% .: ~I'' --?' o / `~ °o oe~ ~, E t ~ JI / 1~ Ir __._--° t - - ---~-~ ~~o~o~~~~~~ ~ ~~oooooo~~ .n ~ _ ~ - ' ' J~ .__ ~ 1 O O O. O O O O O O O O O . ~ -3" 2 .0 ' Y Y d4 -~ ~~ . o~~" 'J ~~ ~i .; r ~1~`~~11~~' ~~. Gg~oc~3~ '~ ~ 1a~, ~, ~ ~9 C~.,~..~~- ~ ~..3 ~(Z1.trG1~'~u~rn ~ N°, ~vJ~t~,ce~c1~5 ~RIGINq~ REC'E'IVEQ MAR 1 ~ 1007 PLAfVNING pEP'4RTfi~'ENT ' CITE OF CLEARWATER 1: -. f ~r ~~ ,; • . ~t ~ ~ ~ e I~ •i,~' ~ ~ # art S ~~i~ : ,,, .. a i i~;i ~~ • 'e ~ ~ ~ ~ ~ w • .~ ~w p:~ ~~~ vy~ Q V v'+ : i a 15:: ~;' •~ ""ala~~ d ~ y .. d"~~-g ~..,. aasa,e8a~~ t^~:" _~, Y~ ~~ "s Q ? a sR '- ~~:s3g ~ a5 i /no ~ \ ~ O ~ Ey=~~~S~~tEyyl~ ~ '"r~"~Q~~+ E ~ y ~ r ~V~ ~ 1i ~°m 3 y a e3~'`~5;g3 I ~ ~ + ~:~: W ~ V o ; 1 ~ w ~ i~p~:~E$oj~ yt I ~iioc.~s3..`" ~ mV R ~t R (~~ ~ Q .o- . W ~ a t ~~g$~~J~~°~ ~ ~ a~ Y ~ ~ ~~Y ,r..7i r. ~ __.-. Oc'~' a'/d~77~9 ~~~~ ~~ ~~i Y ~~ ~~~ 3 S~y~ . ~ `y t ~ ` •'1'~ t ~d a t~~i .a ~ a;;~ Y ~ w : J . < 3 ; s.rs.~t.w w ~ tiJ 4 a ;r Y g,' ~g ~ Z ~ ;' ~ o ~• ~~ w ~..~ x:55 ~ m~ Q E u FF~~iBJa+~ ~ , • s~~R~~:~aaa t^ v e~...<s~ Y .L ~w•N " .°~a a3~~a3~o;~8 ~ 3~ 'a ;~ i t: ~x'~~3~~e'~ $ vas .s~3saniv ~ ~er4e~~e~k: ~ • 1 e ' u ~~~ ~~~ ~ .~ ~ ~~~ ~~ ~~~ .~ ~~~ t: •F:' u i ryj, n w ;~ o r i ',; e - '. i ' ~~". i ~. . <~ t ~~- ~: a-'~;. - ,. ~•, ~, ~; . ~RIGIIVAL - . @2ECENED MAR 15 2007 ;;~ PLP-~INING DE~AV2~tviEtVT .. . CI11(OF C~EARWATER _. - ~~`tr - .. ~ :: ~ ...• F 1 ~5. . ~ • • t !~ 12.30 pm Case Number: FLD2006-06036 -- 1515 S HIGHLAND AVE Owner(s): Highland Group, Llc 710 S Ft Harrison Ave Clearwater, F133756 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Northside Engineering Services Inc. 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: debra@northsideengineering.com Location: 5.456 acres at the southeast corner of Highland Avenue and Nursery Road. Atlas Page: 315A Zoning District: O, Office Request: Flexible Development application to permit 68 attached dwellings and l 8,937 square feet ofnon-residential floor area as per Court Order and Stipulation. Proposed Use: Mixed use Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 . P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood No Registered Assocation Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Robert Tefft, Planner III Attendees Included: ~~~(G+~~ S.'T7o s ~~'~~~ ~~~""a"P`"'G L~-rC~i~~' The DRC reviewed this application with the following comments: General Engineering: 1 . 1. Provide on the utilities site plan the lengths and type of pipe for each run of all water mains proposed to be installed on the property. 2. Permanent address assignments from the Engineering Department shall be obtained by the applicant prior to submission of building permit 3. All fire hydrant assemblies installed greater than 10 ft. from a water main shall be constructed with ductile iron pipe and shall have a gate valve at the tee on the branch line, and at the fire hydrant assembly (F.H.A.). 4. Proposed sewer connects to a private sewer system. Applicant shall provide evidence of an agreement between property owners identifying responsibilities for ownership and maintenance of the sewer system. Agreement shall be binding upon successors in title and be recorded with Official Records of Pinellas County, Florida. The above conditions shall be met prior to the issuance of a buildling permit. 1. Applicant shall deed or grant to the City of Clearwater easements over all unrestricted water mains. The above condition shall be met prior to the issuance of a certificate of occupancy. NOTE: Reclaimed water is not presently available to this property. Environmental: 1 . See Stormwater Conditions. Fire: 1 . 2/23/2007 Emergency entrance /exit (grass covered & compacted) must be able to with-stand the weight of 80,000 lbs for fire apparatus and have letter on file of this easement. Acknowledge on plan PRIOR TO CDB Harbor Master: No comments Development Review Agenda -Thursday, March 8, 2007 -Page 20 • Legal: No Comments Land Resources: t . No Issues. Landscaping: 1 . The landscape plan denotes a scale of 1":20'; however the actual scale is 1":30'. Please revise. Pursuant to Section 3-1202.E.1 of the Community Development Code, interior landscape islands shall have a minimum dimension of eight feet (8') from back of curb to back of curb. Several islands within the Belleair Manor Shops do not meet this requirement. UPDATE 02-08-07: The response letter discusses the amount of landscape square footage being provided; however this comment is in regard to the width of the landscape islands. The width of eight feet is still required. Pursuant to Section 3-1204.D of the Community Development Code, all required landscaping must be protected from vehicular and pedestrian traffic by installation of curbing and wheel stops along the perimeter of any landscaping adjoining vehicular use areas or sidewalks. UPDATE 12-06-06: This comment has not been addressed with the revisions. UPDATE 02-08-07: Curbing has not been provided at the terminus of the dead-end drive aisles, for the loading zone, or along the existing drive aisle along the eastern property line. Parks and Recreation: 1 . The Public Art and Design Impact Fee is due and payable on this project prior to issuance of building permit. This fee could be substantial and it is recommended that you contact Chris Hubbard at 727-562-4837 to calculate the assessment. . Parks and Recreation open space, recreation land and recreation facility impact fees are not due on this project -project exempt as fees previously paid -per Ordinance 3128-83 and 3129-83. Note: Please see other condition as Public Art and Design Impact fee may be due on this project. Stormwater: 1 , The following shall be addressed prior to Community Development Board: ~rovide a detailed drainage calculation to show the off site pond was designed to hold the proposed increased runoff. (NOT MET 2/20/07) Per section 1.3 -Storm and Surface Water Flow, Retention and Detention of the RECIPROCAL EASEMENT, RESTRICTIONS AND OPERATION AGREEMENT the amount of impervious area was accounted for in the design of the existing ponds as 168,872 SF (3.876 acres). However, the proposed impervious area is 177,995 SF (4.09 acres). Please provide more retention for the increase impervious or demonstrate that the previous designed ponds can still hold the increased runoff with the outfall rate through the Outlet Structure at or below 32.8 c.f.s. per LaBelle Plaza Drainage Calculation, Exhibit A. The following shall be addressed prior to building permit. 2. Show on plans that the northwestern and eastern stub-outs at the Stormwater structure #7sha11 be removed and the side walls of the inlet shall be patched/plugged to the City of Clearwater standards. 3. Provide the drainage calculation for the inlet locations and pipe sizing for the on-site Stormwater collection system. (NOT MET 2/20/07. Sheet C3.1 only shows the Storm Sewer Lines Schedule and Structure Table but not the requested Storm Sewer Tabulation.) 4. Provide the approved SWFWMD permit or letter of the exemption.(NOT MET 2/20/07, the submitted permit expired March 22, 1991) 5. Survey and all plans shall be based on the NAVD88 datum and not NGVD29 datum.(NOT MET 2/20/07, survey conversion note added is not acceptable. All elevations shall be revised to be based on the NAVD88 datum) Solid Waste: No Comments Traffic Engineering: Development Review Agenda -Thursday, March 8, 2007 -Page 21 1. Show on the lacape plan 20' x 20' sight visibility triangles at• o typical individual , driveway locations, one pair on each. side of a townhome access drive. Landscaping height shall not exceed 30" and shall not be less than 8'. Base of triangle shall be located 1-foot from townhome side of sidewalk. (Community Development Code, Section 3-904). The above shall be addressed prior to a Community Development Board (CDB) hearing. General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda -Thursday, March 8, 2007 -Page 22 • • Consider revising the elevations to provide "bump-outs" or projections to break-up the flatness of the facade. It is suggested that units 13 and 15 on the west elevation recieve this treatment and that the treatment is similarly applied across the balance of the elevations. UPDATE 02-08-07: The bump-outs have been depicted on the architectural elevations; however they have not been depicted on the floor plans or the civil plans. 2 . Pursuant to Section 3-201.D.1, of the Community Development Code, all outside mechanical equipment shall be completely screened from view on all sides by fences, gates, walls and/or vegitation so that it is not visible from public streets and abutting properties. Depict the location of all proposed mechanical equipment and the mean by which the equipment will be screened. UPDATE 02-08-07: The response letter states that the proposed mechaniial equipment is to be screened; however the plans do not depict the locations of all the mechanical equipment nor the means that they will be screened. 3 . The mixed-use calculations, the shared parking chart and the application each denote a different square footage for the non-residential floor area. Revise the plans and application as needed so that a uniform figure is indicated. 4 . The site data table denotes a gross floor area of 50,118 square feet for the mixed-use portion bf the development with an F.A.R. of 0.33. Both of these figures are incorrect -revise the table accordingly. By what path/route are goods intended to be moved from the proposed loading zone to the individual retail spaces? How/where is waste being deposited into the proposed trash compactor? 7 . Pursuant to the shared parking table in Section 3-1405 of the Community Development Code, the minimum off-street parking requirement is 158. The 47 attached dwellings (Belleair Manor) are not connected to the retail portion of the site and therefore do not qualify for inclusion in the shared parking table. Further, the parking associated with the attached dwellings in within private garages and would not be available to the retail portion of the site. UPDATE 02-23-07: The shared parking table still includes dwellings that cannot be included in the shared parking calculation because they are not being shared. Revise the calculations. Will the rear yards of the units be seperated from the adjacent units rear yards by any means? If so, this means would need to be depicted on the plans. UPDATE 12-06-06: This comment has not been addressed with the revisions. If a means of seperation is to exist, then depict such seperation on the plans. If not, then provide a statement to this effect in a response letter. UPDATE 02-08-07: The response provided in the response letter does not address this comment. If any type of physical seperation is being provided between the rear yards of the units (fence, landscape, etc), then clarify how landscape maintenance will occur. 9 . The east elevation (units #2 and #6) do not include any architectural variation as provided elsewhere on similar areas of the building. Please revise. UPDATE 02-08-07: The comment has not been addressed. 10 . The heights of the balconies do not appear to meet the requirements of the building code. UPDATE 12-06-06: This comment has not been addressed with the revisions. UPDATE 02-08-07: This comment has not been addressed with the revisions. The balcony railing must have a minimum height of 42 inches. As proposed, the balcony railing has a height of approximately 30 inches. 11 . The building height appears as if it is being measured from finished floor instead of existing grade. Also, building height is to be measured to mean roof elevation. Please revise. UPDATE 02-08-07: The revised plans continue to measure the building height to the peak and not the mean roof elevation. Also, the Finished Floor elevation is being denoted approximately one foot (1') above where it is being depicted on the elevations. Development Review Agenda -Thursday, March 8, 2007 -Page 23 12 . The scoring patterndepicted on the ground level of the south elevati• s not depicted for the other retail storefronts. Revise the elevations to depict scoring across the building. UPDATE 02-08-07: The scoring has been added; however it is still inconsistent (distance from scoring to the bottom of second level window sills). 13 . The foyer doors are depicted as an unattractive (for thier purpose) solid wood door. It would seem more appropriate to thier purpose that the foyer doors be more decorative/ornate. UPDATE 02-08.-07: This comment does not appear to have been addressed. 14 . Revise the elevations to denote the proposed building materials. UPDATE 02-08-07: The elevations denote only the concrete block. Revise to include materials of the awnings, sills, windows, doors, decorative arches, etc. 15 . Pursuant to Section 3-802.A and B of the Community Development Code, all fences shall be constructed of materials appropriate to their purpose and location and all walls shall have a decorative finish such as masonry, brick, stucco or paint. A detail of the proposed six-foot high decorative fence/columns has not been provided; thus compliance with the above cannot be determined. UPDATE 12-06-06: This comment has not been addressed with the revisions. Provide the needed details of the proposed fences. UPDATE 02-08-07: A detail of the proposed fence/wall has not been provided. This comment must be addressed prior to the application moving before the CDB. 16 . The proposed awnings appear to be positioned too high on the building (the bottom of the awning has a clearance of 11 feet). UPDATE 02-08-07: The response letter states that the awnings have been adjusted; however the ~ plans have not been adjusted. ~17 . The third level above units #1 and #21 on the south and east elevations respectively, are not being depicted correctly as per the floor plans. The elevations do not depict the interior stairs connecting the second and third levels. UPDATE 02-08-07: The revised plans still do not correctly depict the interior stairs connecting the second and third levels. Pursuant to the Use and Design Standards set forth for this property, the required setback along Nursery Road is 25 feet which would be measured from the statutory right-of--way (i.e. right-of--way occupation and maintenance line) as set forth on page 5 of Edmond J. Whitson Jr.'s undated/unaddressed letter recieved with this application submittal. Based upon the above, the two easternmost units within Building #1 encroach into the required setback and the north landing of the third easternmost unit also encroaches. UPDATE 12-06-06: This comment has not been addressed with the revisions. The building still encroaches into the required setback. Please revise. UPDATE 02-08-07: The response letter accurately states what needs to be done to address this comment. However, the plans do not accurately depict what needs to be done to address this comment. This comment must be addressed prior to the application moving before the CDB. 19 . The side elevations appear plain. Perhaps the provision of a decorative stringcourse and/or more substantial decorative brackets along the eaves would result in a more aesthetically pleasing appearance for the buildings. UPDATE 12-06-06: The side elevations have been revised to include a control joint. The provision of this element does little to improve the aesthetics of the building and further improvement is still warranted. UPDATE 02-08-07: The response letter states that decorative crown/trim has been added; however the plans either do not depict the decorative crown/trim or do not clearly identify the decorative crown trim. Development Review~Agenda -Thursday, March 8, 2007 -Page 24 20 . The colonnades depicted on the elevations (i.e. #12 and #16, west el• ion) do not appear on the civil, landscape or floor plans. Revise these plans to depict the colonnades. UPDATE 02-08-07: The colonnades have been added to the floor plans only. The proposed colonnade dimension of six inches (6") seems very inadequate and will accomplish little. It is recommended that the colonnade is increased to two feet (2'), and that the walkway along the corresponding building facade is also widened by two feet (2'). 21 . The stair tower/elevator shafts for the Belleair Manor Shops extend above the third level on both the floor plans and elevations; however the towers do not open onto the third level and given the unit designs would have no need to do so. UPDATE 02-08-07: The stair wells and elevator shafts are still depicted as extending to the third level where there will be no access to either the stair wells or elevator shafts. Redesign the floor plans to remove these features from the third floor. 22 . Some of the ground level storefront windows on the "corner towers" differ as to thier position. Please revise. UPDATE 02-08-07: This comment has not been addressed. 23 . Depict the proposed turning movements for the loading zone. 24 . What mechanism is to be utilized to ensure the compactor enclosure gates remain in the closed position when compactor unloading is not occuring? If the gates are otherwise open, then they will likely impact the use of the adjoining maneuvering area. 25 . The copy of the easement recorded on O.R. Book 5479, Page 130 includes an illegible attachment: FTE Drawing # T-10138-C. Provide a legible copy of the attachment. 26 . The railings depicted for the second and third levels are different from one another. Revise for consistency. UPDATE 02-08-07: According to the response letter all railings are to be white aluminum at 3'-6"; however this is not denoted on the elevation drawings and the railings are depicted differently. 27 . The ISR proposed is inclusive of land (approx. 0.33 acres) that is to be dedicated as right-of--way for Nursery Road. Remove this land from the calculation. 28 . The legal description does not appear to be consistent with the depicted west property line location as per the plans. Revise the plans to match the legal description. Also, aright-of--way dedication for Highland Avenue may be necessary. Other: No Comments Notes: This item is sufficient for the April 17, 2007, CDB meeting. Submit 15 collated, stapled and folded (as appropriate) copies of revised plans and application materials addressing all comments by Noon, March 15, 2007. Development Review Agenda -Thursday, March 8, 2007 -Page 25 12.30 m Case Number: PLT2007-00001 -- 1515 S HIGHLAND AVE p Representative: Housh Ghovaee 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: renee@northsideengineering.com Location: Atlas Page: 315A Zoning District: C, Commercial Request: Preliminary Plat for the platting of a mixed use development to be called "Belleair Manor" in conjunction with FLS2006-06036. Proposed Use: Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood No Registered Assocation Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Robert Tefft, Planner III Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 . 1. Pursuant to the the applicant's responses to the Engineering Conditions stated in FLD2006-06036, the developer of this site proposed a subdivision plat for the townhome portion of the site and a condominum plat for the mixed use portion of the site. The preliminary plat does not address the ownership of the mixed use development. 2. Provide name, address and telephone number of property owner. (Community Development Code Sec. 4-703 A.2). 3. Provide legal description of the property and provide a reference to U.S. Survey section , township and range lines (Community Development Code Sec. 4-703 A.4). 4. Show existing and proposed rights-of--way and easements (Community Development Code Sec. 4-703 A.5). 5. Provide land area and dimensions of the overall plat, each individual lot and common open space (Community Development Code Sec. 4-703 A.8.a, b. d.). Environmental: l . No issues. Fire: No Comments Harbor Master: No Comments Legal: No Comments Land Resources: No Comments Landscaping: No Comments Parks and Recreation: No Comments Stormwater: No Issues. Solid Waste: No Comments Development Review Agenda -Thursday, March 8, 2007 -Page 26 • Traffic Engineering: 1 . No Issues. Notes: Planning: 1 . Provide on the plat the existing and proposed rights-of--way and easements. 2 . Provide on the plat the legal description of the property with the U.S. survey section, township, and range lines. 3 . Provide on the plat the names, appropriately positioned, of adjoining plats. 4 . The preliminary plat carves out only the townhomes from the overall property and presumably the mixed-use portion of the development proposal will be dealt with via a subsequent condominium plat. However, how are the common areas being dealt with? 5 . Proposed rights-of--way and easements are to be dedicated via plat and not via seperate instrument. 6 . Pursuant to Section 9.6, Future Platting, of the Reciprocal Easement, Restrictions and Operation Agreement, in conjunction with the platting of the subject property, the property inclusive of the existing shopping center is to be platted. Revise the proposed preliminary plat to include the shopping center parcel along with its associated relevant rights-of--way and easements (existing and proposed). 7 . Provide on the plat the title under which the proposed plat is to be recorded. Other: No Comments Development Review Agenda -Thursday, March 8, 2007 -Page 27 Northsid~ V crvrL LAND PLANNING EN'ViRgNMENTAL ~irgGreauiu~ .Saculu,~, ~+ra. February 2, 2007 Mr. Robert Tefft Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 ~..~. . ~~~ ~f . ~~~ 021401 VNIIy~D ~1'0,~~ FF~~ lE4RWq~R RE: FLD2006-06036 - 1515 S. Highland Ave DRC Response Dear Mr. Tefft: Listed below are our responses to the Development Review meeting held on January 4, 2007. General Engineering 1. County road numbers have been revised; the plans now provide the correct County road designations. 2. See revised Civil Sheet C4.lfor revised water mains. E 3. The required 30' turning radius for the entrance drives have been provided. See revised Civil Sheet C2.1 4. Through discussion with Steve Doherty at DRC on Thursday January 4, 2007, it was determined that one side of each internal street shall provide the required 19' driveway and the opposite side may provide a reduced driveway. Further, a 4' wide decorative. paver pedestrian pathway has been provided on both sides of the internal streets as per your direction at DRC. Please see revised Civil Sheet C2.1. 5. A copy of the existing cross parking/cross access agreement has been provided with this submission. Should changes be required to this document we respectfully request the ability to provide required changes prior to C.O. Prior to Building Permit: 1. It is understood and acknowledged that a Final recorded Plat shall be required for the Townhome portion of the development prior to issuance of the building permit. 2. It is understood and acknowledged that an approved ROW permit from Pinellas County will be required prior to issuance of the building permit. 3. It is understood and acknowledged that an approved health permit for the installation of the domestic water main will be required prior to issuance of the building permit. 4. It is understood and acknowledged that an approved D.E.P. permit for the installation of the sanitary sewer extension will be required prior to issuance of the building permit. 5. The required F.D.C. has been added to the plans and is located within 40' of the Fire hydrant assembly, See revised Civil Sheet C4.1. 6. It is understood and acknowledged that all applicable City details will be required on the civil plans prior to issuance of the building permit. E~1 CLEVELAND STREET, SUITE 93'3 CLEARW ATER, FLORIDA 33755 TECH@MCiRTHSIDEEidC,INEERINE.CC?N1 727.443.2869 FAX 727.446.803E • .i~? ; ~~t `~~` "' r?; . ~, aL't: . sy . x: ~':: :;, ~; `i .t ~. ~ .;~ . 5 ,~. ~~ . } j(,.' t i •.r` t r r~ It is understood and acknowledged that the Developer shall grant to the County the additional ROW for Nursery Road to the ROW by Maintenance and Occupation Line in addition to creating the easement as described within the DRC comments prior to issuance of the building permit. Further, the information has been added to the Civil plans for delineation and review, see revised Civil Sheet C2.1. The new parking spaces being developed in association with the mixed use portion of the development provides the required number of handicap spaces within the courtyard area meeting the ADA requirements for design and proximity. The handicap spaces located within the parking area south of the mixed use portion of the site are existing and proposed to remain. Prior to the issuance of a Certificate of Occupancy: 1. It is understood and acknowledged that the Developer shall provide a recorded Condominium Plat for the mixed use portion of the development prior to the issuance of the CO 2. It is understood and acknowledged that the Developer shall provide an easement granted to the City of Clearwater for all unrestricted waster lines on the site prior to the issuance of the CO 3. It is understood and acknowledged that five signed and sealed sets of engineering as-built drawings shall be submitted prior to issuance of CO. Further, it is understood that the Public Works/Engineering.field inspection will take place to review for accuracy. Environmental 1. See Stormwater Conditions Fire 1. It is understood and acknowledged that where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241 and a hard road surface able to support the weight of Fire Apparatus prior to any construction being started. 2. A note has been added to Civil Sheet C2.1 stating "EMERGENCY/UTILITY ENTRANCE AND EXIT GATE EQUIPED WITH KNOX BOX AND OPTICOM SYSTEMS FOR FIRE DEPARTMENT ACCESS" 3. Acknowledged. 4. Anew FHA has been provided at the entrance along Highland, see revised Civil Sheet C4.1 for location. 5. The FHA that was previously located within the Courtyard area has been relocated just outside of the Courtyard area as per your request. See revised Civil Sheet C4.1. 6. FDC has been added to plans as per your direction, see revised Civil Sheet C4.1. 7. We have redesigned the driveway and the landscape median has been removed from the design. The driveway has been reconfigured and provides a 24' width, see revised Civil Sheet C2.1. 8. See revised plans; radius along Nursery has been corrected to 30'. 9. Dumpsters have been removed from area; a trash compactor will be utilized and is shown on the revised civil plans. 10. See revised civil plans; driveway width along Highland has been enlarged to the required 24'. 11. Hydrants have been located and meet the 300' requirement associated with the hose lengths. Landscaping 1. A Comprehensive Landscape application has been added to the development proposal submission. 2. Acknowledged, curbing and wheel stops have been provided. 601 CLEVEI,AN[7 5T[tEET, SUITE 9313 CLEAIRWATER, ELUR[DA 33755 TECH r~Nt?RTHSIREENG[NEERING.CQM 727.443.2869 FAX 727.446.8036 ORIGINgL RECENED FFB 02 2007 I'LAnIIVIIVG ®Epit~l-~jF~I CI1Y OF CLEgRWATE~ 3. Through discussion with the Planning Department staff it has been determined that the landscape islands within the townhome development are not necessarily required by code and we have provided as much and many as possible. The islands associated with the townhome portion of the development were originally larger but with the required pedestrian pathways required on private property on both sides a reduction was unfortunately necessary. 4. The parking area in question, south of the mixed use development is existing; a site inspection and careful review of the survey determined the spaces were previously incorrectly striped. This development proposal includes re-stripping of the parking spaces to provide the minimum dimensions required by code. Additionally, we determined the landscape islands could be enlarged fairly substantially and this proposal includes enlargement of the existing landscape islands to provide additional improvement to this existing area. 5. There are 95 canopy trees proposed, 10 palm credits giving a total of 105 canopy trees. The required remainder using ornamentals is under the required maximum 25%. The balance of the ornamental trees will be utilized to satisfy the Comprehensive landscape and to provide additional buffering. 6. The proposal provides an area of 14,400 square feet of parking surface within the courtyard area. Taking the same number of 28 parking spaces in a different design, three islands equaling 450 square feet of green space would be required. This development proposal provides 2,300 square feet of landscaped area within the court yard parking area, even though some areas of the islands area less than 8' from back of curb more than the required area has been provided. Stormwater 1. The Belleair Manor and Belleair Manor Shops was originally an outparcel for a master drainage plan approved under the name LaBelle Plaza. The north pond for LaBelle Plaza was designed to accommodate for the SOyr/lhr retention volume and the 25yr/24yr attenuation volume. The designated runoff coefficient utilized for the SOyr/lhr was C=0.9 and the curve number for the 25yr/24hr attenuation volume was CN = 0.94. As shown, the proposed site has the following runoff coefficient and curve number: C = (0.2 x 59,668 + 0.9 x 177,995)/237,663 = 0.72 CN = (49 x 59,668 + 98 x 177,995)/237,663 = 85.7 Both coefficients are below the original pond design specifications so the pond should be able to accommodate the discharge from the proposed development. See attached copy of the LaBelle plaza drainage calculations. The following to be addressed prior to building permit: 2. See attached storm sewer tabulations and revised pipe chart sheet C3.1. 3. See attached. 4. Per the Surveyor's discussion with City of Clearwater Surveying Engineering representative, Richard Hamilton, Chief Surveyor, a conversion note has been added to the surveys. See attached letter from surveyor, revised survey and plans. 5. Note has been added to sheet C3.1 stating "Railing to be repaired or replaced as necessary." Solid Waste 1. Through discussions with Tom Glenn it has been determined that a trash compactor would be the most economical and effective way of dealing with the refuse for this entire development. Please see the revised staking plan providing a trash compactor, enclosure, safety bollards and three recycling bins. ®RJGINA~ RECE[VEQ 6t7~1 Cl.EYEIAND STREET, svaTE 9~c~ FEB 02 2007 c~Ea~wArER, FL©RtRA 33795 CAi~ii TECW@NURTNSIDEENGMNEERING PL4WNfNG P/~'~ ~ . ~m ~ ~IVT 727.443.2869 FAX 727.44b.803b OF LE~R1Ni41'ER • 1 Traffic Engineering 1. The required sight visibility triangles have been depicted at the driveway entrances along Highland and Nursery Road. Should the sight visibility triangles be required for the individual driveways associated with the townhome portion of this project all trees would need to be eliminated as the entire planter area would fall within the 20' x 20' area. Any proposed trees have been located to the back of the landscape area to provide as much clear visibility within this private development as possible. 2. Through discussion with Steve Doherty at DRC on Thursday January 4, 2007, it was determined that one side of each internal street shall provide the required 19' driveway and the opposite side may provide a reduced driveway. Further, a 4' wide decorative paver pedestrian pathway has been provided on both sides of the internal streets as per direction at DRC. Please see revised Civil Sheet C2.1. 3. As discussed at the DRC meeting, the area south of the mixed use portion of the development contains existing handicap parking spaces, the spaces will be re-stripped to meet the dimensional requirements provided by code. Based upon the number of required parking spaces for mixed use development the required number of handicap parking spaces have been provided within the court yard area of the development. The existing handicap spaces will continue to function and serve the public as they have in the past. 4. See Traffic Engineering Item Number 3. 5. The sidewalk has been relocated to provide better connectivity to the mixed use portion of the development as per your request. General Note(s): 1. It is understood and acknowledged that the Developer shall comply with the TIF Ordinance prior to issuance of CO. 2. It is understood and acknowledged that additional comments maybe forthcoming associated with the review of the building permit application submission. Planning 1. It is acknowledged and understood that a detail of the proposed pre-fab wall is required; and the wall shall have a decorative finish and be approved by the City of Clearwater. The Developer has determined the final location and design of the wall (straight between the northern side of the mixed use development and curvy along the most eastern driveway access), the product has been chosen and we are working to obtain the necessary detail. 2. The ROW line through dedication will become straight with the remaining southern area being dedicated to the City as an easement, with the straightening of the ROW line the proposed location of the most northeastern building meets the setback requirement. 3. All required sight visibility triangles have been depicted. 4. All required pedestrian pathways agreed upon at DRC and required sidewalks have been depicted. 5. The proposed locations of the prefab wall have been determined and depicted on the revised Civil Staking Plan. See Planning Item Number 1. 6. The landscaping proposed between the townhome portion and the new parking lot area has been designed to create a natural buffer in lieu of a buffer wall or fence. 7. The Developer is currently working to determine the appropriate course of action to best address this easement issue, we respectfully request resolution agreeable to the City of Clearwater prior to prior to issuance of Building permit. 8. The landscaping has been designed to provide natural buffers along the street frontages rather than walling the in the site. 9. The pool deck has been slightly increased, see revised Civil Sheet C2.1 10. The required number of parking spaces for this development has been provided in addition to three guest spaces near the pool area. The Developer does not foresee parking to be a detrimental effect on the viability of this project. 11. The sign will continue to provide direction to the shopping center from the east. 12. The wall has been deleted along Nursery road, see revised Civil Sheet C2.1. dRIGINAL RECEIVED 601 CLEVELAND STREET, SU9TE 930 CLEARW ATER, FLt2RiDA 337SS TECH(f~NORTHS07EENGtNEERfNG.COM 727.443.2869 FAX 727.446.8036 4 DEB p2 2001 PLANNING DEPARTMENT CITY OF ClEARWATER 13. Full elevations ha~n provided and the number of units prop for each building has been corrected. 14. The height of the balconies has been revised and meets the requirements of the building code, see revised Architectural Plans. 15. Overhangs have been enlarged and additional decorative brackets have been provided. 16. Decorative mansards have been provided above the rear doors to breakup the horizontality of the building. 17. Decorative crown/trim has been added to improve the aesthetics of the building. 18. Through discussions with Tom Glenri it has been determined that a trash compactor would be the most economical and effective way of dealing with the refuse for this entire development. Please see the revised staking plan providing a trash compactor, enclosure, safety bollards and three recycling bins. 19. See Planning Number 18 - 20. A Preliminary Plat and application has been provided for the townhome portion of the development. and a final recorded plat will be provided prior to issuance of CO. The developer shall also provide to the City of Clearwater the final condominium plat associated with the mixed use portion of the development prior to issuance of CO. 21. The parking spaces within the new parking area located to the east of the mixed use portion of the development have been revised to meet the required 10' setback from the southern property line; see revised Civil Sheet C2.1 22. The parking area in question, south of the mixed use development is existing; a site inspection and careful review of the survey determined the spaces were previously incorrectly striped. This development proposal includes re-stripping of the parking spaces to provide the minimum dimensions required by code. Additionally, we determined the landscape islands could be enlarged fairly substantially and this proposal includes enlargement of the existing landscape islands to provide additional improvement to this existing area. 23. Copies of associated documents provided with this submission. 24. All mechanical equipment has been properly screened with landscaping and/or parapet walls when located on the roof as proposed for the mixed use portion of the development. 25. Shared Parking Table has been revised to only include the mixed use portion of the development as per your direction. 26. No reserved parking spaces are proposed for the mixed use portion of the development. 27. Civil Sheet C2.1 has been revised to provide the required wheelstops. 28. See revised C2.1 for new circulation designed as per your recommendation. 29. See revised C1.2 30. See revised C1.2 31. Stair towers only provide service to the 2"d floor. 3`d floor access is internal within the units. 32. Store fronts have been revised and provide the scoring pattern. ®RIGINAL 33. A note has been added to the architectural plans depicting the building materials. RECEIVED 34. Awnings have been lowered as suggested. 35. Corner element plan has been revised and 6" bump-outs have been provided. ~EB ~ 2 2007 36. Plans have been revised and are now consistent. 37. Cornice/overhangs have been enlarged and appear more pronounced. Pi~f11NING DE~14~~'t1Nir1~' 38. The scale has been corrected on all architectural plans. CITY OF CI~ARiNATE!~ 39. Stairs have been revised and correctly depict the proposed cut section. 40. ~ Elevations provide dimensions from grade, see revised architectural plans. 41. Elevations have been revised to match similar areas of the building, see architectural plans. 42. Awning has been added over the storefront of unit #17. 43. This cross section has been corrected; no trash rooms will be in the building. Anew compactor is proposed. 44. All corner towers will have diagonal score lines shown on new elevations. 45. All railing will be 3'-6", made of aluminum and white in color. See revised architectural plans for revised railings. 5t31 CI.EVEI.ANC) STREET, 5UITE 43 CI.EARW ATER, FN.QItIDA 33755 TECH@NCIRTHSIGEENGINEERING.CCDM 727.443.2869 FAX 727.446.8036 46. Doors have been re~; please see cross section and elevation 47. Windows have been revised and are consistent, please see cross section and elevations. 48. Signage has been removed and all signs will be proposed at a later date. 49. The signage has been eliminated from the plans. 50. Please see revised narrative. If there are any additional comments or concerns, please contact our office. S' ly, _ Renee Ruggiero Project Planner Belleau Manors & Belleau Shops NES # 620 RMR/rmr 1/30/07 \. C)RIGINAI. RECENEp bO1 C1.EVELAI~tp STiLEE3', SUITE X30 FEB 02 2001 CLEARWATE[t, 1FI.OR1[7~A 33755 TECH@NORTHSt17EENG[NEERING.CCIM Pt~iNNING L~E~~1~E€~`'s 727.443.28b9 PA~t 727.44b.8O36 CIIYOF CL~ARWA~°~r~ CIVIi. Z,AND PLANNING ENVIRONMENTAL ~iKC}'Gy'!'.'t~ .'~4~~ 7KC. LETTER OF TRANSMITTAL Date: February 2, 2007 To: Robert Tefft, Planner III City of Clearwater Planning 100 S. Myrtle Ave, #210 Clearwater, FL 33755 Reference: Belleair Manors & Shops NES Proj# 620 Enclosed Mail Pick-Up Per Your Request X For Your Use For Your Files For 3/8/07 DRC Under Separate Cover UPS Overnight X Hand Delivered For Your Review & Comment X For Your Approval For Your Information Conies I Description ®RIGINAI. RECENEL~ ~~~ 02 2007 PLANNING D1~~ ~iY 4f ~~,,.. r;:~:, We Transmit: X Originals X_ Prints Addendum Shop drawings Specifications Applications Floppy Disk 15 Response to DRC Comments Letter 15 FLD A lication 15 Letter of Authorization 15 Deed 15 Surve 3 Sheets , 1 Signed and Sealed 15 Drainage Calculations & Narrative 15 Reduced Civil and Landsca e Plans 15 Sets Sheets) of Civil and Landscape Plans, Signed and Sealed 15 Com Landscape Application 15 Prelimina Plat A lication 15 Fire Flow Calcs 15 Mixed use Calculations 1 Easement Information, Agreement & Matrix 15 Sets of Architectural Plans ~~ :n Please cont us 727) 443-2869 d you have any questions or comments. By: 4 Renee Ruggiero, Project Pla Copies To: File, N. Pelzer, D. Williams • b01 ~lEVELANC- STRk.E't", 5~U1"1'E 930 CREARWATER, FLORRDA 33755 TECH~Nt}RTHSiDEENGthiEERING.CCIM 727.443.2869 FAX 727.446.8036 d • 12:45 pm Case Number: FLD2006-06036 -- 1515 S HIGHLAND AVE Owner(s): Highland Group, Llc 710 S Ft Harrison Ave Clearwater, Fl 33756 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Northside Engineering Services Inc. 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727-443-2869, FAX: 72746-8036, E-MAIL: debra@northsideengineering.com Location: 3.46 acres at the southeast comer of Highland Avenue and Nursery Road. Atlas Page: 315A Zoning District: O, Office Request: Flexible Development application to permit 47 attached dwelling units as per Court Order and Stipulation. Proposed Use: Attached dwellings Neighborhood Clearwater NeighborhoodsCoalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Robert Tefft, Planner III ~ - d ~ ~rC~Q~ _ Attendees Included: ~ ' ~~ ~, L ~-~~E~ ~i ~3~7? ' __.. ~ The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda -Thursday, January 4, 2007 -Page 12 • • 1. Show on the plan the County road number: Highland Avenue is C.R. 375 and Nusery Road is C.R. 474. NOT MET-HIGHLAND IS C.R. 375, NOT 373. 2. Water mains shall be looped to avoid dead-end service(s) unless othervvise approved by the City Engineer. (Community Development Code Section 3-1910) 3. Turning radii at all driveways shall be a minimum of 30 feet per City of Clearwater Contract Specifications and Standards Index #107 or#108 as applicable. 4. A minimum of 19-feet of driveway shall be constructed between townhome units and back of sidewalk. 5. Provide evidence of a cross parking/cross access agreement with adjoining land to south. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1. Final plat for the townhome development shall be recorded. 2. Provide a copy ofan approved right-of--way pemnit from Pinellas County prior to issuance of a building pernit. 3. Applicant shall provide a copy of an approved health permit for the installation of the domestic water main prior to issuance ofa building permit. The health permit application form(s) can be found at: www.dep.state.fl.us/water/drinkingwater/forms.htm 4. Provide a copy ofan approved D.E.P. permit for the installation of the sanitary sewer extension prior to issuance of a building pemrit. 5. Show on the plans location of a Fire Department Connection (F.D.C.) for the mixed use development. F.D.C. shall be located within 40 feet of a Fire Hydrant assembly. 6. Show all city details applicable to this project. The City's Construction Standards and Utility Information can be found on ourweb site: ` www.myclearwater.com/gov/depts/pwa/engin/Production/stddet/index.asp . 7. Developer shall grant to the County additional right-of--way for Nursery Road to the Right-of--Way by Maintenance & Occupation Line shown on Sheet C3.1, except for the northeast comer of the property where the line turns toward the southeast. At this comer, the southern ROW line shall be an extension of the Maintenance & Occupation as it exists parallel to the Nursery Road curb line. To the south of the new ROW line the developershall grant a right-of--way, sidewalk, utility and drainage easement to a location 80-feet south of the northern ROW line of Nursery Road. ADDITIONAL STREET RIGHT-OF-WAY TO BE ISSUED TO CITY ACCORDING TO PLAN: PLEASE CHANGE TO DEED OR DEDICATE TO ELLAS COUNTY. ~~' ~ he Disabled Parking Spaces located in the south end ofthe site shall be relocated to be ~ ~"D~ adjacent to the building the spaces serve. ~piL ~-rttl?~~~ . Prior to issuance of a Certificate of Occupancy: 1. A condominium plat shall be recorded for the mixed use portion of the development. 2. An easement shall be granted 1o the City of Clearwater for all unrestricted water lines on the subject property. 3. Applicant shall submit 5 sets of as-built drawings that are signed and sealed by aprofessional engineerregistered in the State of Florida, prior to any C.O. being issued. Public Works/Engineering to field inspect as-built drawings for accuracy. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments maybe forthcoming upon submittal of a Building Permit Application. Environmental: Fire: See Stormwater Conditions. Development Review Agenda -Thursday, January 4, 2007 -Page 13 • I , Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. Acknowledge PRIOR TO CDB 2 , If a gate is going to be utilized on the emergency exit/ entrance a county Knox Key Pad lock or electric gate a Knox Key Electric Switch must be used. Acknowledge on plan PRIOR TO CDB 3 . Emergency entrance /exit (grass covered & compacted) reciprocal easement must be able to with-stand the weight of 80,000 lbs for fire apparatus and have letter on file of this easement. Acknowledge on plan PRIOR TO CDB 4 . A second Fire Hydrant will need to be added for fire fighting, add to the entrance from Highland. Acknowledge PRIOR to CDB 5 , Fire Hydrant that is located in the court yard would be best served if moved to the entrance into the court yard on the left side ofparking space marked 2 on page C2.1 of the utility.Acknowledge PRIOR to CDB 6 . Fire Department Connection is not shown on the plans. Fire Department Connection is to be 15' off of the building on a seperate line to bulling and if installed on island to the east of parking space marked #2 on sheet C2.1 this would meet the requirment of distance to Fire Hydrant.Acknowledge PRIOR to CDB 7 . Entrance off of Nursery shows 15' must be minimum of 20' Acknowledge PRIOR to CDB 8 , Radius on Nursery shows 25' must be at 30' Acknowledge PRIOR to CDB 9 . Dumpster must be 10' from any building acknowlege PRIOR to CDB 10 . Driveway width from Highland must be at 24' Acknowledge PRIOR to CDB 11 . Fire Hydrants must be installed to encompass hose lengths of no more than 300' Acknowledge PRIOR to CDB Harbor Master: 1 . No comments Legal: No Comments Land Resources: 1 , No Issues. Landscaping: ~I ' While the drive aisle along the east side of the property exists as per an ingress/egress easement, the required ten-foot (10') landscape buffer between the subject property and the multi-family development is still required with one tree every 35 feet and 100% shrub coverage [ref.: Section ` `~ •~ 3-1302.D.1). A Comprehensive Landsca a mores ~r~~~;,,,, =emu ..PP.i +~ r~,,,~,.>, ,~:+ted to -~ deviate from this requirement. UPDATE 12-06-06: This comment has not been addressed with the revisions. Pursuant to Section 3-1204.D of the Community Development Code, all required landscaping must be protected from vehicular and pedestrian traffic by installation of curbing and wheel stops along the perimeter of any landscaping adjoining vehicular use areas or sidewalks. UPDATE 12-06-06: This comment has not been addressed-with the revisions. t°A~.~V~fU+-~ -alait~Rah •~• ~pCw ~~ Pursuant to Section 3-1202.E.1 ofthe Community Development Code, interior landscape Lo4,~1t.t!`'~ ~'a-~P • ~ ~1,~~ islands shall have a minimum size of 150 square feet. Several of the proposed 'interior ~CM~1'1 t.d(~ p~,~ ~~ ,~t1T~, landscape islands do not meet this requirement. ~g ~ UPDATE 12-06-06: This comment has not been addressed with the revisions. In fact, many of the islands for Belleau Manor are now smaller. Several islands within the Belleau Manor Shops do not meet this requuement either. ~~ Pursuant to Section 3-1202.A.2 of the Conununity Development Code, any landscape area serving a new use or a change in use shall satisfy the standards of this division. The landscape plan must be revised to bring the developed portion of the property into compliance. The ~, .~f u~~r~ entirety of the property will also need to be depicted. Pursuant to Section 3-1202.B.1 of the Community Development Code, no more than 25% of requued trees may be accent trees. As proposed, 37.5% of the required trees are accent trees. _ P t t S ti 1202 3 E 1 f th i '~' '~G 1~ ~~ C D l G C d i i ` L t!'y ursuan o ec on - . . o e ommun ty eve opment o e, nter or landscape _..-- k~ / k~. - islands shall have a minimum dimension of eight feet (8') from back of curb to back of curb. ~s,,ttt>r~ trig IS S'nw ~.1~~ Several islands within the Belleau Manor Shops do not meet this requirement. ~ C.ttd•rta IL1Gl.~ -atS `~/~ Development Review Agenda -Thursday, January 4, 2007 -Page 14 (= --`QU2 C~MR r'~' • Parks and Recreation: Stormwater: Solid Waste: No issues -project exempt as fees previously paid -per Ordinance 3128-83 and 31293. The following to be addressed prior to CDB: 1. Provide a detailed drainage calcuation to show the off site pond was designed to hold the proposed increased runoff. The following to be addressed prior to building permit.. 2. Provide the drainage calculation for the inlet locations and pipe sizing for the on-site stormwater collection system. 3. Provide the approved SWFWIYID permit or letter of the exemption. 4. Survey and all plans shall be based on the NAVD88 datum and not NGVD29 datum. 5. The railing on the northern retention pond shall be repaued for safety concern. 1 . How will solid nwaste and recycling be collected The Solid Waste Department uses 90 gallon semi automated carts (black barrels) and an; serviced by a right side pickup so turn grounds are required. 12-14-06 Seems to have inadequate solid waste service for retail condo mix Angle to enclosure facing Nursary Rd not adequate Traffic Engineering: 1 . 1. Show 20' x 20' sight visibility triangles at all individual driveways on the landscape site plan (City's Community Development Code, Section 3-904). 2. All driveway lengths shall be at a minimum of 19' long from face of garage to nearest edge of sidewalk. 3. Revise handicap pa>icing spaces to the south to meet Florida Building Code Chapter 11 Standards. Relocate the four handicapped parking spaces located on the south side of the property to a point accessible to the new development. 5. Align sidewalk from retail/office building to south end of sidewalk in front of Building #3. The above ~ be addressed prior to a Community Development Board (CDB) hearing. General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and Ire schedule and paid prior to a Certificate of Occupancy (C.O.). 2) DRC review is a prerequisite for Building Permit Review; additional comments maybe forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda -Thursday, January 4, 2007 -Page 15 • ~~.1 . Pursuant to Section 3-802.A and B of the Community Development Code, all fences shall be constructed of materials appropriate to their purpose and location and all walls shall have a decorative finish such as masonry, brick, stucco orpaint A detail of the proposed six-foot high decorative fence/columns has not been provided; thus compliance with the above cannotbe detemrined. UPDATE 12-06-06: This comment has not been addressed with the revisions. Provide the _ ~~L ~~ p,Qprla needed details of the proposed fences. Pursuant to the Use and Design Standards set forth for this property, the required setback along Nursery Road is 25 feet which would be measured from the statutoryright-of--way (i.e. right-of--way occupation and maintenance line) as set forth on page 5 of Edmond J. Whitson Jr.'s `i7~`a< undated/unaddre$ed letter recieved with this application submittal. Based upon the above, the `~~~~`~'~ y~~~..1Ft; two easternmost units within Building #1 encroach into the required setback and the north '~'- landing of the third eastemmost unit also encroaches . UPDATE 12-06-06: This comment has not been addressed with the revisions. The building still / encroaches into the required setback. Please revise. G Pursuant to Section 3-904.A, a 20 foot sight visibility triangle is required on both sides of where two or more rights-of--way intersect and/or where a driveway intersects aright-of--way. The required sight visibility triangles for the intersection ofNursery Road with the driveway along the east side of the paroel have not been depicted. UPDATE 12-06-06: This comment has not been addressed with the revisions. Depict all required sight visibility triangles. Pursuant to Section 3-1907.A of the Community Development Code, sidewalks are required along both sides of expressway, arterial, collector and local streets, including private streets and shall be constructed to a width not less than four feet (4') for local streets. UPDATE 12-06-06: Paver walkways have been depicted adjacentone side of the travel lane, but not both as required above. It is further noted that these walkways lack connectivity, appearing more as independent segments than a cohesive walkway network within the developments. The site plan denotes asix-foot (6') high decorative fence/columns, asix-foot (6') high decorative prefab wall and athree-foot (3') high decorative prefab wall; however the plan does not give any clear indication as to where one ends and the others begin. Also, no details have been given asto the appearance of these fences/walls. Provide elevation drawings for each. ~-~ ~ ~~. l,Wn" ..~,..~ +i7fv'Q' ~ (~aPce..~~J"3 UPDATE 12-06-06: This comment has not been addressed with the revisions. (~ Will the rear yards of the units be seperated from the adjacent units rear yards by any means? If so, this mearis would need to be depicted on the plans ~ ~~^ ~~sQ ?XJFS ,,,f re tJ~ ~~~ ~~faa~- UPDATE 12-06-06: This comment has not been addressed with the revisions. If a means of ~T ryc, gpi~y~"hl{df! seperation is to exist, then depict such seperation on the plans. If not, then provide a statement to i:.i,a'Tt~s.L`( this effect in a response letter. /~. Part of the drive aisle serving the shopping center to the south encroaches onto the subject parcel outside of the existing ingrees/egress easement. Based upon 8re proposed plans the drive aisle is intended to remain; thus a new easement will need to be granted that encompasses the full extent of the drive aisle. _._.. ~M Vrl~ l~T UPDATE 12-06-06: This comment has not been addressed with the revisions. Development Review Agenda -Thursday, January 4, 2007 -Page 16 i • ~? Fences/walls are provided along the north and east sides of the property that buffer the units from adjacent roads/drives, yet nothing is depicted/provided alongthe south or west sides of the property. Considering the traffic and noise likely generated along Highland Avenue and by the shopping center, why would afence/wall not be provided? Additionally, I would assume the adjustment from the six-foot (6') high decorative prefab wall to the three-foot (3') high wall along the east side of the property is for sight visibility purposes at the nearby intersection. However, if this assumption is correct, than it is confusing as the wall is well outside of any sight visibility triangle. Furthermore, asix-foot (6') wall would likely be more appropriate than a three foot (3') high wall given the aforementioned noise/traffic at the intersection. UPDATE 12-06-06: This revised plans do not appear to address any of the issues raised in the above comment Please clarify with revisions to the plans, or through a response letter. ~: The size of the pool deck would seem inadequate given the number of dwelling units. It may be appropriate to provide a larger deck, especially if any dwellings from the adjacent parcel would share this amenity. UPDATE 12-06-06: This comment has not been addressed through the revisions. The size of the deck would still seem inadequate given the number of residents. Guest parking -realistically, where will guests of the residents park their vehicles? While the parking requirement for the development is one space per unit, it is almost certain that each unit will have two (2) vehicles; thus the driveways of the individual units will not be available for guests. UPDATE 12-06-06: While it is acknowledged that there exists no requirement for this property to comply with the current provisions of the Code, there is nonetheless a very realistic concern that the lack ofparking for the dwelling units will have a debtrimental effect on the viability of this project. It is strongly recommended that the development proposal be revised to incorporate a more sufficient level ofoff-street parking. ~~ There is an existing five foot (5') high sign to the east of Building #1 that is not indicated as being eliminated with this developmentproposal despite the sign being in conflict with the proposed wall and being rendered virtually useless by the adjacentbuilding. Remove the sign. UPDATE 12-06-06: The revisions have eliminated the proposed wall where it was in conflict with the sign, but the five foot (5') high sign will still be Beverly obstructed by the proposed building and given its position relative to Nursery Road will be rendered virtually invisible to passing traffic. Therefore, it is recommended that the existing sign be eliminated. ~~ In order to avoid a large empty area between the Nursery Road landscape buffer and the propsed walUfence, it is recommended that the wall/fence be shifted so that it abuts the south side of the landscape buffer (although adequate space should be left for the root systems of the trees). UPDATE 12-06-06: This comment has not been addressed with the revisions. ~`3'! While architectural elevations have been provided for the 5-unit building, no elevations were submitted for either the 7, 8 or 9-unit buildings. UPDATE 12-06-06: Front and side elevations have been provided for 6, 8, 9 and 10-unit townhouse buildings; however there are no proposed 6 or 10-unit buildings. Further, no elevations were provided for the 7-unit building and rear elevations have not been provided for any building other than the 5-unit building. Please provide full elevations for the proposed buildings. ~u 14 The heights of the balconies do not appear to meet the requirements of the building code. ~-~'~ ~' ~ ~, c. '.7~N I~FP.oI~ . UPDATE 12-06-06: This comment has not been addressed with the revisions. ~. The overhangs along the rear elevation do not appear consistent with the quality of the ba]ance of the building architecture. UPDATE 12-06-06: This comment has not been addressed with the revisions. Development Review Agenda -Thursday, January 4, 2007 -Page 17 • The buildings lack vertical elements along the rear elevation to break-up the horizontality of the building. ..~ . UPDATE 12-06-06: The rear elevations have been revised to include a control joint. The provision of this element does little to improve the aesthetics of the building and further improvementis still warranted. ' 17 . The side elevations appearplain. Perhaps the provision of a decorative stringcourse and/or more substantial decorative brackets along the eaves would result in a more aesthetically pleasing f th lh^s~~~ ~~~'~ ~'~' b ildi ~(' appearance or e u ngs. • UPDATE 12-06-06: The side elevations have been revised to include a control joint. The ~'~ -° ~~ i~t'l~~ tjo~,,~ provision of this element does little to improve the aesthetics of the building and further t9F.AI ~T ~ ta~.J'f ; "['F~IS , improvementis still warranted. With the provision of a double refuse enclosure east of the mixed-use development, what is the purpose of the proposed trash staging areas? Further, staging areas are more typically supportable when no means exists for refuse vehicles to pick-up at enclosures -such means exists with this development. L~ How will refuse be shifted from the trash rooms within the mixed-use building to the refuse enclosure east of the mixed-use building? A condo (preliminary) plat will need to be processed simultaneously with the FLD case. 1 Pursuant to the Use and Design Standanis Matrix applicable to the subject property for retail ~ ~.~C-St P,~J'1• ~~T _._._ sales and services, there is a required 10-foot parking setback. The south side of the parking tier 'f~i~. 'SOZMI 'l~1 `°' on the east side of the mixed-use building does not meet this setback. _~ Lro<.tt' + 1' P ~ '~~ /~±~ ursuant to Section 3-1401.B.2 of the Community Development Code, any parking area which. is °'^'~ to serve a new use of land shall satisfy the parking and loading standards (Division 14) and the landscape standards (Division 12). That portion of the existing parking lot at the south end ofthe property must be redeveloped consstent with the Code. Provide a copy ofthe Reciprocal Easement, Restrictions and Operation Agreement between the subject.properly and the adjacent shopping center as well as any other easements or agreements 24 affecting parking or access between the shopping centerand the subject property. G~~ <<,,~tV~l'~' 1`~" Pursuant to Secti 3 201 D 1 f th C i D l C d ll '~ ~'~ on - . . , o e ommun ty eve opment o e, a outside mechanical S ~~ ~ ~~ "~ ~ ~~ equipment shall be completely screened from view on all sides by fences, gates, walls and/or r "~ ~ ' ` ~ ~ ~ ~ ~/ vegitation so that it is not visible from public streets and abutting properties. Depict the location ~ ~ ' of alLproposed mechanical equipment and the mean by which the equipment will be screened. "rsuan the shared parking table in Section 3-1405 ofthe Community Development Code, the minimum off-street parking requirement is 158. The 47 attached dwellings (Belleair Manor) are not connected to the retail portion of the site and therefore do not qualify for inclusion in the shared packing table. Further, the parking associated with the attached dwellings in within G2~ private garages and would not be available to the retail portion of the site. Are arkin s aces to be reserved for the residents in th mi d ?- fJ O b ildi . G p g p e xe -use u ng ~~/ Depict the wheelstops for the four (4) parking spaces at the center of the mixed-use building. ~'~. How are traffic movements proposed to occur at the southeast corner of the mixed-use parking ,,~~~~..~~ss;;~~ l~#3'./ area? The F.A.R. depicted on the site data table for both halves of the development proposal are mconect. The 47-unit townhouse developmentdoesnnt generate F.A.R. ~'"` Th d s d e en ty enoted on the site data table for both halves of the development proposal is 3~~ incon-ect. Th ,3 . 7'" e proposed dove aisle leading into the Belleair Manor Shops parking court may create unecessary traffic conflicts. It is suggested that the drive aisle is modified so as to connect to the 32 . ~-/ drive aisle adjacent to the loading area and create afour-way intersection. 'I.Id~" I~A(?s~ The stair tower/elevator shafts for the Belleair Manor Shops extend above fire third level on both .~-- -~~ the floor plans and elevations; however the towers do not open onto the third level and given the unit designs would have no need b do so. 33 . The scoring pattern depicted on the ground level of the south elevation is not depicted for the other retail storefronts. Revise the elevations to depict scoring across the building. ~-" ~"-~ sJH ~~~ ~ ~~ II~.~GQLJSt4 Revise the elevations to denote the proposed building materials. ~'"'T p''°"~' ~O~''~~ T° '~'r~' The proposed awnings appear to be positioned too high on the building (the bottom of the awning ~ ~" 4 has a clearance of 11 feet). S Qi~u~ la~~Lr~f7 - t~tv~~ }{-,v~ ~.>a;'. 2' Lt~rFE~ sz- ~ ~ ~ T '~' c,IttS ~Jt~Ja 1 , StaCt=~ ~.y, ~{ ~.~D!, Development Review Agenda -Thursday, January 4, 2007 -Page 18 ~ AP~~~ t~~ 1.- w t G'~ ~~ Consider revising the elevations to provide "bump-outs" or projections to break-up the flatness of the facade. It is suggested that units 13 and 15 on the west elevation recieve this treatment and ~ ~(~-D ~ E(~( r ~t,~ that the treatment is similarly applied across the balance ofthe elevations. ~~6°~ ~ St~• - 37 .. The colonnades depicted on the elevations (i.e. #12 and #16, west elevation) do not appear on the civil, landscape or floor plans. Revise these plans to depict the colonnades. ~-- hoP~rD To ~~ ~~ • ~~°! ~~ Consider revising the elevations to provide a more pronounced cornice line. Bpi' Ta -tea ~ -~ ~ ~~ ~-~V ~- u~' ~urNtla " ' The elevations denote a scale of 3/8 =1 . This is incorrect. The actual scale is 3/32"=1'. 40 . The third level above units #1 and #21 onthe south and east elevations respectively, are not being depicted correctly as per the floor plans. The elevations do not depict the interior stairs - STl ~ ~~`t ~~ 41 connecting the second and third levels. CaRSr1=~t-"~'- The building height appears as if it is being measured from finished floor instead of exi ti s ng 'Fa ~ ~ ~''~~ '~'~` ~~ grade. Also, building height is to be measured to mean roof elevation. Please revise. .e>~' ~ ' ' Y ~° ~~ t ~ ~ ~ ~~ f ~~ . . The east elevation (units #2 and #6) do not include any architectural variation as provided "'~ • elsewhere on similar areas of the building. Please revise. ~ Why has no awning been proposed over the storefront of unit #17, south elevation? ~ The first ground level doors on the east elevation (as read from left to right) are not depicted correctly according to the floor plan. The first door is actually the trash room and the second door is actually a commercial storefront. Revise the elevations to be consistent with the floor plans. The recessed areas of the "comer towers" (south elevation) are not depicted with the diagonal li i score nes prov ded on other elevations. ~ ~ X ~ urJ~ 46 . The railings depicted for the second and third levels are different from one another. Revise for ~ ~' ~r Axs ~' ~ }~ ~ `'~~ consistency 47 . ~ . The foyer doors are depicted as an unattractive (for thier purpose) solid wood door. It would ~'~ ~~ seem more appropriate to thier purpose that the foyer doors be more decorative/ornate. 48 Some of the ground level storefront windows on the "comer towers" differ as to thier positio~ c~~~ '~fZS ~ y, ~ Please revise. While neither the review nor approval of signage is a part of this process, it is nonetheless noted that the signage depicted on the "corner towers" may be confusing/misleading to retail patrons and may further encourage said patrons to travel to the second level to shop. Also, the provision of this signage will only detract from the signage square footage avaihble to the actual commercial tenents. Therefore, it is recommended that this signage is eliminated and the elevations modified as may be necessary. Pursuant to Section 3-913.A.1 of the Community Development Code, the proposed development shall be in harmony with the scale, bulk, coverage, density and characterof adjacentproperties. The written response provided discusses only the characterof adjacent properties and nothing of the scale, bulk, coverage anddensity. Provide a revised response that discusses how the proposal is in harmony with all of these characteristics. Other: No Co mments Notes: A detemunation of sufficiency cannot be made for this developmentpioposal at this time. In order to be scheduled for the DRC meeting of March 8, 2007, please submit 15 sets of revised plans addressing these comments by Noon, Friday, February 2, 2007. Development Review Agenda -Thursday, January 4, 2007 -Page 19 v o ci ~~. d LAN® Pt~ANNING ENYIRC3NMENTA~ LETTER OF TRANSMITTAL Date: November 29, 2006 To: Mr. Robert Tefft, Planner III City of Clearwater Planning Department 100 S. Myrtle Ave, #210 Clearwater, FL 33756 Reference: FLD2006-06036 - Resubmittal to DRC NES Proj# 0620 X Originals X_ Prints We Transmit: Addendum . Shop drawings X Enclosed Under Separate Cover Specifications Mail UPS Overnight X Applications Pick-Up X Hand Delivered Floppy Disk Ylease Note New Address AsslEnments 15 Flex Development Application 2 Whitson Property Use & Design Standards Matrix 2 Settlement Agreement 15 Letter of Authorization & Affidavits 15 Warranty Deeds 15 Surveys 3 Sheets) 15 Mixed Use Calcs 15 Stormwater Narrative (1 signed and sealed) 15 Flow Calcs 15 Civil & Landscape Drawings (7 sheets) 15 8.5" X 11" Civil Site Plan 15 8.5" X 11" Colored Landscape Plan 15 8.5 X 11" Colored Renderings 15 8.5 X 11" Building Elevations 1 Color Chip Attached to Original Arc. Drawing 15 24 X 36 Architectural Drawings 15 Flex Development Application Please contact us at (727) 443-2869 should you have any questions or comments. Copies to: FILE BY~ - N. Pelzer R ee M. Ruggiero, roject Planner ORIGINAL A. Haines RECEIVED b01 c~.~vELAi'V® sTrc~ET, S~u1TE ~3Cf NOV 2 9 2['06 CCEARw ArElz, ~I.o1;11~A 337SS "1''ECH@NQRTHSIDEENf11++tEEIt11~tG.t,~3~vt, PLANNING DEPARTMENT 727.443.28b9 FAk 727.44b.803b CITY OF CLEARVJATEI? ~ .E l'10 ~txt Case Number: FLD2006-06036 -- 15] 5 S HIGHLAND AVE Owner(s): Highland Group, Llc 710 S Ft Harrison Ave Clearwater, Fl 33756 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Northside Engineering Services Inc. 601 Cleveland Street Clearwater, F133755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: debra@northsideengineering.com Location: 3.46 acres at the southeast corner of Highland Avenue and Nursery Road. Atlas Page: 315A Zoning District: O, Office Request: Flexible Development application to permit 47 attached dwelling units as per Court Order and Stipulation. Proposed Use: Attached dwellings Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Robert Tefft, Planner III Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 , 1. Show on the plan the County road numbers: Highland Avenue is C.R. 375 and Nursery Road is C.R. 474. 2. Water mains shall be looped to avoid dead-end service(s) unless otherwise approved by the City Engineer. (Community Development Code Section 3-1910). 3. Turning radii at all intersections shall be a minimum of 30 feet per City of Clearwater Contract Specifications and Standards Index #106. 4. Concrete walkways (sidewalks) shall be placed at the ends of driveways to provide view of pedestrians for motorists backing out of driveways. ~~ 5[~, Developer shall grant to the County additional right-of-way for Nwsery Road to yield an -1'D ~ 80-foot right-of--way as shown on City and County mapping. Al] of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1. Provide a copy of an approved right-of--way permit from Pinellas County prior to issuance of a building permit. 2. Applicant shall provide a copy of an approved health permit for the installation of the domestic water main prior to issuance of a building permit. The health permit application form(s) can be found at: www.dep.state.fl.us/water/drinkingwater/forms.htm 3. Provide a copy of an approved D.E.P. permit for the installation of the sanitary sewer extension prior to issuance of a building permit. 4. Show all city details applicable to this project. The City's Construction Standards and Utility Information can be found on our web site: www.myclearwater.com/gov/depts/pwa/engin/Production/stddet/index.asp . General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: See Stormwater Conditions. Development Review Agenda -Thursday, August 3, 2006 -Page 27 • • M Fire: 1 . Provide 20' straight width on each side of island at entrance. Acknowledge PRIOR TO CDB 2 . Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. A hard road surface able to support the weight of Fire Apparatus prior to any building construction being started. Acknowledge PRIOR TO CDB 3 . Emergency entrance /exit (grass covered & compacted) reciprocal easement must be able to with-stand the weight of 80,000 lbs for fire apparatus and have letter on file of this easement. Acknowledge on plan PRIOR TO CDB 4 , If a gate is going to be utilized on the emergency exit / entrance a county Knox Key Pad lock or electric gate a Knox Key Electric Switch must be used. Acknowledge on plan PRIOR TO CDB $ . Drive entrance must be 20' in width on each side of island plan shows 15' width with island and all turning radius must be at 30' Ackwowledge on plan PRIOR TO CDB ~, Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and on same side of street as building, will require more than one hydrant on this site. PRIOR TO CDB ~rbor Master: 1 . No comments /L,egal: No Comments /band Resources: 1 . No Issues. Landscaping: ~~ Pursuant to Section 3-1202.D.1 of the Community Development Code, the perimeter landscape requirement where a proposed multi-family development is adjacent to an existing non-residential development is a ten foot (10') wide or seven foot (7') wide buffer with decorative fence/wall having one tree planted every 35 feet and 100% shrub coverage. As proposed, the southernmost property line does not meet this requirement. ~1o'C .i;;~ ~ While the drive aisle along the east side of the property exists as per an ingress/egress easement, the required ten-foot (10') landscape buffer between the subject property and the multi-family development is still required with one tree every 35 feet and 100% shrub coverage [ref : Section 3-1302.D.1]. A Comprehensive Landscape Program application will need to be submitted to _ deviate from this requirement. 'I~ ~ G'fi~P ~(S (3 :~ "-' Pursuant to Section 3-1202.E.1 of the Community Development Code, interior landscape ° ' ~ islands shall have a minimum size of 150 square feet. Several of the proposed interior landscape islands do not meet this requirement. ~/ Pursuant to Section 3-1202.E.1 of the Community Development Code, a minimum of one (1) tree is required within each interior landscape island. The landscape island at the northeast corner of Building #4 lacks the required tree. . t 1tJ ( ;(~~ ~ Pursuant to Section 3-1204.D of the Community Development Code, all required landscaping must be protected from vehicular and pedestrian traffic by installation of curbing and wheel stops along the perimeter of any landscaping adjoining vehicular use areas or sidewalks. ~i Pursuant to Section 3-1202.B.1 of the Community Development Code, shade trees shall be planted a minimum of five feet (5') from any impervious area. Those shade trees along the easternmost drive aisle do not meet this requirement. ~! The landscape plan denotes a scale of 1 ":20 ;however the actual scale is 1 ":30'. Please revise. Parks and Recreation: Stormwater: Solid Waste: No issues -project exempt as fees previously paid -per Ordinance 3128-83 and 3129-83. Prior to CDB the engineer needs to provide a copy of the original storm water calculations so that he can demonstrate that the proposed site does not exceed the postdevelopment runoff that was intended to go to the existing retention pond. 1 . How will solid nwaste and recycling be collected The Solid Waste Department uses 90 gallon semi automated carts (black barrels) and are serviced by a right side pickup so turn arounds are required. Traffic Engineering: Development Review Agenda -Thursday, August 3, 2006 -Page 28 • • 1. Move stop bar 4 feet behind the back edge of sidewalk. 2. Show 20' x 20' sight visibility triangles at all individual driveways on the landscape site plan (City's Community Development Code, Section 3-904). 3. Are there any monument signs or walls for this project? 1f so please indicate on the Site Plan. All of the above to be addressed prior to CDB. General Note(s): I) Comply with the current Transportation Impact Fee Ordinance and fee schedule. 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Planning: Development Review Agenda - Thdrsday, August 3, 2006 -Page 29 • ~ Pursuant to Section F of the Flexible Development application, a preliminary plat shall be submitted as required. A preliminary plat must be submitted as the property associated with the proposed 47 attached dwellings is being subdivided from a larger parcel of land as per the records of the Pinellas County Property Appraiser's Office. _ ~ !-~ r'~`-~~(~2 . J Pursuant to the Use and Design Standards set forth for this property, the required setback along ~ Nursery Road is 25 feet which would be measured from the statutory right-of-way (i.e. right-of--way occupation and maintenance line) as set forth on page 5 of Edmond J. WhitsolJr.'s undated/unaddressed letter recieved with this application submittal. Based upon the above, the two easternmost units within Building #1 encroach into the required setback and the north landing of the third easternmost unit also encroaches. Pursuant to Section 3-802.A and B of the Community Development Code, all fences shall be constructed of materials appropriate to their purpose and location and all walls shall have a decorative finish such as masonry, brick, stucco or paint. A detail of the proposed six-foot high decorative fence/columns has not~vided; thus compliance with the above cannot be determined. 3- {.l,~t ~T7~~J~ ~ Pursuant to Section 904.A, a 20 foot sight visibility triangle is required on both sides of where two or more rights-of--way intersect and/or where a driveway intersects aright-of--way. The required sight visibility triangles for the intersection of Nursery Road with the driveway along the east side of the parcel have not been depicted. Pursuant to Sections 3-911 and 3-1908 of the Community Development Code, all utilities excluding major transmission lines and transformers shall be installed/locatedundevground at the ~~~ time of development. A notation will need to be provided on the utility plan as to the above. ~ f2 ` Pursuant to Section 3-1907.A of the Community Development Code, sidewalks are required h id f rt i l ll t d l l t i i t t t l b l di d ' ~ / . ~ e~ er a , co ec or an stree ng pr va ree s an a ong , ot s es o oca s, nc u e s expr~es~sw-a-~ t,a ~71 shall be constructed to'"a t~+idh~t n'ot less than four feet (4') for local streets. The site lan denotes a siz-toot (6') hi h decorative fence/columns asi -f ot (6') hi h decorative ~ ~~~ . ~/ p g , x g o prefab wall and athree-foot (3') high decorative prefab wall; however the plan does not give any clear indication as to where one ends and the others begin. Also, no details have been given as to ~.-~ the appearance of these fences/walls. Provide elevation drawings for each. ~. ~~ ~ Will the rear yards of the units be seperated from the adjacent units rear yards by any means? If so, this means would need to be depicted on the plans. ~~ 9 Part of the drive aisle serving the shopping center to the south encroaches onto the subject parcel outside of the existing ingrees/egress easement. Based upon the proposed plans the drive aisle is intended to remain; thus a new easement will need to be granted that encompasses the full extent of the drive aisle. If the project depicted on the plans is intended to connect with that portion on the same property that is not yet depicted, where will these points of connectivity exist? How will the two developments interact? ' L (,(L (}~tt>~ (gU~lsj O Fences/walls are provided along the north and east sides of the property that buffer the units from ~pQ1AGt,~.1~' °'~ adjacent roads/drives, yet nothing is depicted/provided along the south or west sides of the x,03 -j'~,(Z.~r property. Considering the traffic and noise likely generated along Highland Avenue and by the ~ shopping center, why would afence/wall not be provided? Additionally, I would assume the adjustment from the six-foot (6') high decorative prefab wall to the three-foot (3') high wall along the east side of the property is for sight visibility purposes at the nearby intersection. However, if this assumption is correct, than it is confusing as the wall is well outside of any sight visibility triangle. Furthermore, asix-foot (6') wall would likely be more appropriate than a three foot (3') high wall given the aforementioned noise/traffic at the intersection. '~'~~~~ ~'~ n~ The size of the pool deck would seem inadequate given the number of dwelling units. It may be ~ ~*;~ ~ appropriate to provide a larger deck, especially if any dwellings from the adjacent parcel would -~~,~ ttu- ~ ~ share this amenity. c. v~ ~~'t'~'" " 1 13 . Guest parking -realistically, where will guests of the residents park their vehicles? While the ~~7 ~ ~ ~ " parking requirement for the development is one space per unit, it is almost certain that each unit ill h hi l h h i f h i di id l i ill il l f ,~ 1. .,~y~ w ave two (2) ve es; t us t e dr veways o t e n v ua un ts w not be ava ab e or c ~~~ ~ guests. tiv F~yt,,t^'( ~~i 4/ There is an existing five foot (5') high sign to the east of Building #1 that is not indicated as being . ~xnl"~ `` S eliminated with this development proposal despite the sign being in conflict with the proposed Jr~" ~~ wall and being rendered virtually useless by the adjacent building. Remove the sign. ~a-~ ~ .,..~,~ ~~j4~In order to avoid a large empty area between the Nursery Road landscape buffer and the propsed 0~ ~ r ~~ -`a'f.~ wall/fence, it is recommended that the wall/fence be shifted so that it abuts the south side of the ~a,.~'t ~ ' ~{~ landscape buffer (although adequate space should be left for the root systems of the trees). ~° ~~ t~,~v~, ~' ~. ~~6~ p, ~~~ Development Review Agenda -Thursday, August 3, 2006 -Page 30 ~~~ w i The wall/fence along Nursery Road is only two feet (2') from the north side of Building #3. What is to occur in this area? -~-+~ craa~~/ ~ ~ According to the floor plans, the depth of the garage is 19'-4", which should be sufficient to >~~ '~~' `~'~~~ accommodate most vehicles. However, this depth does not take into account the swing of the ld~,~~ ~®~ door connecting the garage and the adjoining great room, which effectively reduces the depth available to parking a vehicle (and still manage to open the door) to roughly 16' - a depth that is ~TrS~~ ~.~. ~~=~ not sufficient to accommodate most vehicles. The redesign of the proposed garages would ~, Jp Foe ~ a~a ~- ,a w iT appear to be necessary. ~~~ ,4 ~,,,, ~ v ~, ~ While architectural elevations have been provided for the 5-unit building, no elevations were u„-r ~~ ,~ Q,~ C .. ~-:~Fx {3'~/~ ~_~ 9 . submitted for either the 7, 8 or 9-unit buildings. The heights of the balconies do not appear to meet the requirements of the building code. ti~ Some of the balconies across the front elevations abut one another. Will there be some form of ~"`' °'~~ privacy screen/wall provided? If so, this will need to be depicted on the elevations. ~2~. The roof line appears a little plain and only partially covers some of the balconies across the front elevation and none of the others. The use of decorative brackets may also provide and aesthetic ~,o~ p ~ ~''~~` ~~ ~~ ~ benefit the roof line. - 22 . 5.~t,~, ~ ~C~ The side elevations appear plain. Perhaps the provision of a decorative stringcourse and/or more ~,~s. -rG-t ya -n,x.-~ ,~U~l~ct~fsubstantial decorative brackets along the eaves would result in a more aesthetically pleasing appearance for the buildings. ~'. The overhangs above the doors on the rear elevation appear to be too high. Consider lowering the height of this feature. .The second floor windows on the rear elevations are situated higher on the facade than on the other elevations. Please clarify. ~'.io ca1y,~~.-.d3r'1L1. 25 . The overhangs along the rear elevation do not appear consistent with the quality of the balance of C'~P, the building architecture. r 26 The buildings lack vertical elements along the rear elevation to break-up the horizontality of the i-r ~~ ~ ~~, r-.U"~T 1. building. Other: No Comments Notes: A determination of sufficiency cannot be made for this development proposal at this time. In order to be scheduled for the DRC meeting of October 5, 2006, please submit 15 sets of revised plans addressing these comments by Noon, September 4, 2006. Development Review Agenda -Thursday, August 3, 2006 -Page 31 CITY OF C LEAF.WATER PLANNING DEPARTMENT Posy Orrtcl=. Box 4748, G.I:nkWn"reli, FLOrzlnn 33758-4748 MUNIGII'nI. SBRVICIiS BUILDING, 100 SOU7'}1 MYR'fLli Av,;VUr•., CLI:nItWn"I'1?R, I'LOIlII)A 33756 "1'IiLIiI>IIONI: (727) 562-4567 Pnx (727) 562-4865 LONG RnNGIi hLM1NING I~IiVIiLOI ib11iN"I' IZIiVII:W July 11, 2006 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: FLD2006-06036 -1515 S. Highland Avenue -Letter of Completeness Dear Mr. Ghovaee: The Planning Department staff has entered your application into the Department's filing system and assigned the case number FLD2006-06036. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on Thursday, August 3, 2006, in the Planning Department Conference Room (Room 216), which is located on the second floor of the Municipal Services Building at 100 South Myrtle Avenue. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments maybe generated by the DRC at the time of the meeting. Should you have any questions, please do not hesitate to contact me. Sincerel ~~ Robert G. Tefft, Planner IlI Tel: (727) 562-4539 Fax: (727) 562-4865 E-Mail: robert.tefft(c-r~,myclea~water.cona J,nm Ih,r,„~~~, C~n~~~,.n.>ut"isr:r I I„~~~r 1 L~>ni:ru~, C,,,'~~,:n.~rn:>usiu; lin.i.Jtr~~x,N,(;,,i~;uai.~n~:~n,ra; ® Can.i[s;~.I'rrersi~:n,C„i~~r.n.w~:wser "I{~,uni. I•:.~n~i ~ n w:xr nxn i~rru:.~I:crn~r, i~cru,~ I?,~mLUrra;~~ • CITY OF CLEARWATER PLANNING DEPARTMENT 1OO SOUTH MYRTLE AVENUE CLEARWATER~ FLORIDA 33756 TEL: (727) 562-4567 FAx: (727) 562-4865 Clearwater FACSIMILE COVER SHEET Date: July 11, 2006 To: House Ghovaee, Northside Engineering, (727) 446-8036 From: Robert G. Tefft, Planner III Re: FLD2006-06036 / 1515 S. Highland Avenue Number of Pages Including Cover Sheet: 2 Comments: Please be advised that with regard to the Preliminary Plat, staff has requested clarification for our City Attorney's office regarding the provision of the Settlement Agreement and its applicability to a preliminary plat. This issue will not affect the completeness of the application. ** Please confirm receipt via a-mail at: robert.tej~Ca~myclearwater.com ** ** Visit the Planning Department online at www.myclearwater.com ** Jul. 11 2006 11:53AM YOUR LOGO . YOUR FAX N0. 7275624865 N0. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Ju1.11 11:52AM 01'16 SND 02 OK TO TURN OFF REPORT, PRESS 'MMBWJ' #04. THBJ SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-~0-HB3-FAX C435-7329]. ~o~~~;~ July 7, 2006 Mr. Robert Tefft Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue, #210 Clearwater, FL 33756 CIVILo LAND PLANNING e ENVIRONMENTALo TRANSPORTATION ~ RE: FLD2006-06036 -1515 S. Highland Avenue -Letter of Incompleteness NES# 620 Dear Mr. Tefft: Please find listed below responses to the letter of incompleteness dated July 6, 2006. 1. ~ Per Page Two, Paragraph Three of the Settlement Agreement "No re-zoning or Land -' Use Plan Amendments or other ordinances are required as a condition for site plan approval, for issuance of building permits or for the development of the propertry." Based upon this statement within the Settlement Agreement it is the understanding of the developer and attorney that a preliminary plat should not be a requirement of this development project. (Copy of Settlement Agreement provided with original submittal.) See revised Sheet C3.1, which indicates the required setbacks from the property lines. Also, a revision has been made to provide the sight visibility triangles from the "right of way maintenance and occupation line" as your request. 3. The plans have been Revised and Depict: ~a. Dimensions of perimeter landscape buffers on Sheet Ll.l. 'b,~ Sight visibility triangles on Sheet L1.1. ~ c. Delineation and dimensions of landscape islands on Sheet L 1.1. 4. Revised Architects Plans Include: ~: Left elevation of building X15'. Building materials have been identified '~_'_,_ Reduced building elevations, 8 %2" x 11" have been provided by the Architect. ORIGINAL RECENE~ 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSPRI NG.COM N ESTECHQMI N DS PRI NG.COM 727 • 443 • 2869 FAX 727 • 446 ~ 8036 JUi.~ 1I 2006 PLANNING GEPAItTi~i=+ "I i p I trust that this information will be sufficient to address the incomplete status o~ 4the: above referenced project. However, should you require additional information or clarification, please feel free to contact me. Thank you for the opportunity to respond to these issues and for taking the time to meet with me on this project last Thursday. Sincerely, Renee Ruggiero ~~ Project Planner cc: File NES 620 Nicholas Ferraioli Ray Leon ORIGINAL RECEIVED .f~~~_ 11 2006 PLANNING DEPARTMENT f'17~' OF CLEARWATER C~or~a~~o~~ Date: July 11, 2006 er~rll LANIp PLANNING ENVIRONMENTAL LETTER OF TRANSMITTAL To: Sherry Watkins, Admin. Analyst City of Clearwater Planning Department 100 S. Myrtle Ave, #210 Clearwater, FL 33756 Reference: FLD2006-06036 -Highland Ave & Nursery Rd NES Proj# 620 Enclosed Mail Pick-Up Per Your Request X For Your Use For Your Files Under Separate Cover UPS Overnight X Hand Delivered For Your Review & Comment X For Your Approval For Your Information X Originals X Prints Addendum Shop drawings Specifications Applications Floppy Disk Copies Description 15 Response Letter 1 Settlement Sti ulation 15 Reduced Civil Plan 15 Sets (6 Sheets) of Civil and Landscape Plans, 1 Signed and Sealed 15 Sets of Reduced Architectural Drawings 15 Left Elevation Drawing Please contact us at (727) 443-2869 should you have any questions or comments. Copies To: ~!( By: !~ el aines, xec ~ e Admin. Assistant File N. Pelzer D. Williams ORIGINAL RECENED bOt CLEVELAND S'T'REET, SUITE 930 uEaTZwaTEre, FLOTtTDA 33755 TECH@NOTtTNStDEENGINEERING.CC3M 727.443.2869 FAX 727.446.8036 p" ., We Transmit: .lUL I1 2006 PLANNING DEPARTMENT CITY OF GLEARWATER n CITY OF CLEAF.WATER PLANNING DEPAR'T'MENT Pos~r Orrici~: Box 4748, C~.,=nkWn~reN, Fi.oair~n 33758-4748 Murvici~ni, Sravicrs 13un.n~~c, 100 Sou~rii Mvx~n.r: Ave~ur, C~.rnawn~rr:a, Fi.oiiu~n 33756 1'ia.rniio~~r (727) 562-4567 Pnx (727) 562-4865 Lone Rnn~cc Pin~ni~~c Drv~a.oi~~~r~ r Rrvu.w July 6, 2006 Mr. Housh Ghovaee Northside Engineering Services Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: FLD2006-06036 -1515 S. Highland Avenue -Letter of Incompleteness Dear Mr. Ghovaee: The Planning Department has entered your application into the Department's filing system and assigned the case number FLD2006-06036. After a preliminary review of the submitted documents, staff has determined that the application is incomplete with the following comments: Pursuant to Section F of the Flexible Development application, a preliminary plat shall be submitted as required. A preliminary plat must be submitted as the property associated with the proposed 47 attached dwellings is being subdivided from a larger parcel of land as per the records of the Pinellas County Property Appraiser's Office. 2. Pursuant to Section G of the Flexible Development application, the site plan shall depict all required setbacks and all required sight visibility triangles. The proposed setbacks from the property line have been depicted; however the required setbacks have not. Also, while the sight visibility triangles have been depicted, in this case they should be depicted from the "right-of--way maintenance and occupation line" as per the survey. 3. Pursuant to Section H of the Flexible Development application, the landscape plan shall depict the following: ^ Delineation and dimensions of all required perimeter landscape buffers; ^ Sight visibility triangles; ^ Delineation and dimensions of all parking areas including landscape islands and curbing; and ^ Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered. 4. Pursuant to Section I of the Flexible Development application, the building elevation drawings shall include: ^ All sides of all buildings (the right side elevation was included twice and no left side elevation); and ^ Materials (other than stucco exteriors, no materials were identified). I~r~~~~ti I Insit:v;u, ~~1,w~~i; J~nix I~~>r,„~~, Cui~,~'~.ii_~tr:~~titr.i; I I~n~~r I In~ni:r~~.~~, C~u~u~.u,w[>utiu; 13n.i. Jt>n'>~w, C~ ~i~,~'~;ii ~ir.~nsra; ® Cnri.i~:n ~~. Pr'ritr,>e~', G ~i'ncii.~u~,wtiu; „~,;~~uni.I~:,~iri~~ti~~rr:~~~rnxuni~rn;ai:~~nv~~:Acn~>x I~:,~iri.~,~~i~:r,. • • 5. Pursuant to Section I of the Flexible Development application, reduced building elevations (8 %2" x 11 ") must be provided. Pursuant to Section 4-202 of the Community Development Code, if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff and no further development review action shall be taken until those specified deficiencies are corrected and the application is deemed complete. Please resubmit revised plans and application materials as per the above comments no later than Noon, Tuesday, July 11, 2006. Should you have any questions, please do not hesitate to contact me. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562-4539 Fax: (727) 562-4865 E-Mail: robert. to fftna,myclearwater. com • CITY OF CLEARWATER LL PLANNING DEPARTMENT ° ~~~~ ~~ 100 SOUTH MYRTLE AVENUE _~ _ CLEARWATER, FLORIDA 33756 U TEL: (727) 562-4567 FAx: (727) 562-4865 FACSIMILE COVER SHEET Date: To: From: Re: July 6, 2006 House Ghovaee, Northside Engineering, (727) 446-8036 Robert G. Tefft, Planner III FLD2006-06036 - 1515 S. Highland Avenue Number of Pages Including Cover Sheet: 3 Comments: ** Please confirm receipt via a-mail at: robert.tefftnmyclearwater.com ** ** Visit the Planning Department online at www.n:vclearwater.com ** • Jul. 06 2006 03:18PM YOUR LOGO YOUR FAX N0. 7275624865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Ju1.06 03:17PM 01'28 SND 03 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-~6-1-IELP-FAX C435-7329). ~o~~~ CIVIL e LAND PLANNING c ENVIRONMENTALo TRANSPORTATION o LETTER OF TRANSMITTAL Date: June 30, 2006 To: Sherry L. Watkins, Administrative Analyst ORIGINAL City of Clearwater Planning Department RECEIVED 100 S. Myrtle Ave, #210 ~~~ 03 2006 Clearwater, FL 33756 PLANNING DEPARTMENT Reference: Highland and Nursery CITY OF CLEARWATER NES Proj# 0620 We Transmit: X Originals X_ Prints X Enclosed Under Separate Cover Addendum Mail UPS Overnight Shop drawings Pick-Up X Hand Delivered Specifications X Applications Floppy Disk s 1 Check#1001 for $1,205 15 Flex Development Ap lication 15 Whitson Property Use & Design Standards Matrix 15 Procedural Email from Clearwater Legal De artment 15 Letter of Authorization & Affidavits 15 Warranty Deeds 15 Surveys (1 signed and sealed) 15 Stormwater Narrative (1 signed and sealed) 15 Flow Calcs 2 Settlement Agreement 15 Civil & Landscape Drawings (9 sheets) 15 8.5" X 11" Civil Site Plan 15 8.5" X 11" Colored Landsca e Plan 15 8.5 X 11"Colored Renderings 15 8.5 X 11 "Building Elevations 1 Color Chip Attached to Original Arc. Drawing 15 24 X 36 Architectural Drawings Please contact us at (727) 443-2869 should you have any questions ~r comments. Copies to: FILE By• N. Pelzer Re ee M. Ruggiero, Project P a n A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 ~ 8036 ., _ __ :- Renee Ruggiero From: neil.thompson@MyClearwater.com Sent: Monday, June 26, 2006 10:43 AM To: Renee Ruggiero Subject: FW: Nursery Rd and Highland Importance: High Renee, this e-mail string responds to your previous request. Neil -----Original Message----- From: Clayton, Gina Sent: Monday, June 26, 2006 10:31 AM To: Thompson, Neil Subject: FW: Nursery Rd and Highland Importance: High Below please find Leslie's responses. Would you please convey to Renee at Northside? Thanks. -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, June 26, 2006 9:42 AM To: Clayton, Gina Cc: Treuhaft, Linda Subject: RE: Nursery Rd and Highland Importance: High My comments on the questions listed below: 1. If the landscape buffer is greater than the setback, then i believe the intent was to have the matrix setback control: Planning was involved in the development of the matrix and the Land Development Code was in place at that time. (I am assuming that paved parking is considered a structure for setback purposes.) 2. Paragraph 3. of the Settlement Stipulation provides that no rezoning or comp plan amendment (Level 3) approvals will be necessary, therefore, this would be a Level 2 approval process. The LDC was in place at the time the Stipulation was entered into. The Stipulation does not by its terms exempt them from having to go through the Level 2 process; however, the CDB essentially could not turn down a proposal that falls within the Stipulation. ORIGINAL 3. See 2., I would envision it going through the CDB process. RECEIVED [Dougall-Sides, Leslie] -----Original Message----- ~~L O3 2006 From: Clayton, Gina PLANNING DEPARTMENT Sent: Friday, June 23, 2006 2:04 PM CITY OF CLEARWAI'ER To: Dougall-Sides, Leslie Subject: FW: Nursery Rd and Highland Leslie - we are in need of some guidance with regard to applying the provisions of the Whitson settlement. The folks trying to develop the property has submitted fhe questions below and we are not sure how to respond. Is this something you can help us with? If so - do you need me to fill out a legal opinion form with these questions or can you help us without that. The applicants want to submit their application on Friday June 30th. Sorry for such short notice - I thought you had already received a request for assistance from our department. Thanks! -----Original Message----- From: Thompson, Neii Sent: Friday, June 23, 2006 1:56 PM To: Clayton, Gina Subject: FW: Nursery Rd and Highland Subject: FW: Nursery Rd and Highland .-?~~ ~w ~ ~ ~~ _ ~ ;Page 2 of 3 ;~4, .. - ~ ~` ['Thompson, Neii~ IVlichaei these are the recent questions for our legal folks regarding 1551 Highland. I believe there will be more. Ne"sl Subject: Nursery Rd and Highland Mr. Neil, As I work my way through this project/design I have additional questions and will attempt to lay them out here in lieu of nickel and diming you to death. 1. The matrix lays out my setbacks for the building and parking, how do I handle the landscape buffers if larger than the required setback ? Will the matrix setback prevail over the landscape buffer requirements ? 2. If the design meets all requirements as outlined in the matrix, what level of approval would the attached dwellings fall under ? I am trying to determine what sections of the code my narrative will need to address and the type and fee for the application. 3. Are we convinced the project will need to go to CDB The above questions relate to the 3.+ acre area on which we are proposing Attached Dwelling units. My question to you earlier on the phone related to the 2 acre area (out-parcel)- and how the matrix relates to Restaurant or Retail uses Once I gain a grasp on these issues I believe 1 am close to wrapping the plan and therefore the questions ! ! am sorry to bother you, but greatly appreciate your guidance, thank you Neil. Sincerely, Renee Ruggiero, Project Planner g®rti~side Eegineering ser~iees, ia~c. 601 Cleveland St; #930 Clearwater, FL 33755 T 727.443.2869 / F727.446.8036 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1394 /Virus Database: 268.9.0/368 -Release Date: 6/16/2006 No virus found in this outgoing message. ORIGINAL RECEIVED JUL 0 3 2006 PLANNING DEPARTMENT CITY OF CLEARWATER a1/7.h/2.(1flE ' Checked by AVG Free Edition. Version: 7.1.394 /Virus Database: 268.9.0/368 -Release Date: 6/16/2006 Internal Virus Database is out-of--date. Checked by AVG Free Edition. Version: 7.1.394 /Virus Database: 268.9.0/368 -Release Date: 6/16/2006 ORIGINAL RECEIVED ~~~ 03 zoas PLANNING DEPARTMENT CITY OF CLEARWATER h/7h/~l)(1(, r.:SI yc} ~q~~ _ . •'t~ . •'•1 ••4•i~r'M ~~:' _ ~.. a •'v • ~ t-i=• a :' :: ... .:: s ~. F~i::~* . ' U ~:: ~.~ ~ :-.. .::::.. ,.._ . . ~. ., . .a . ...... ~~: " :+p-~ :..: .................... . . : :~~ : ~ ; . ...,. ~ . : : . .z: :.: ~t:=:~~:~:.:.:: -: "" C ~- ,~ .:~::: t" ~i t:: :. :'~ • ~tt~: :] . ... ... ~:.:.. . ::: ~: • .. . _ • -~:: _ _ j.j g6~r~ ~ I ~Y ...~~'S~~SPlI~I.;rl!tr. -•.1Y ''••• ••~q I" , . L:L : Ti~~ •i•WIL•• i ~ ..1 ' ~~~~' 4 [] tt Inn. •~~.'!y •'•'•... rnir ~rrir:ti ' ~ ': ~~ .V :i : a: . '.a: • ::~ :~- .>~. .~ r. ~ ~:~ ~- - , • ;:,,_::.:.~•:.:::.~' ,: • ~~~ _" ' •.'; ~, * _ EDEN' ~' ~ ~i~~:3 ._: eS:I ,;::,:'.~ ~ PROJECT :•~~~ :~ri°• ` ,. ~ SITE =~..'~...: •.::-~::-.•. ..:.:.:':. ~ _ C7 ~ i ~7 ::~: :: :•~::.. _ n V • .ar ... • , '~:r-~~• :~~• ::S ~' ~ •:iyw.~i: Ali~i~:s..i-ri~:y:i:Y::~wv. ' ~ i :.~' .~. :: . '' ~ •r ~ -- ~. i 1• .~ .~ ^ r r ~- ..:: ~: _: :~ ~+~. . •- ~~' ~ ,•..: .~ :~-.. : ~ : '; ~. • .; ... •. a . . •.~ ., •.. y~ i ... .. ........... .,... ,,,~:.:. ....... ~::: ~ . ~•. •., :..: .•~ : -. ~ • .~ . ~c~:~. '•. ~~: ~'~~ .~ ~ •i r : Location Map Owner. Highland Group Clearwater, LLC. Case: FLD2006-06036 Site: 1515 S. Highland Avenue Property Size Acres : 5.46 Atlas Pa e: 315A PIN : 23-29-15-00000-340-0300 • • • • ~~g• ~ ''/:' N O , • ~... :~ ; .. :: •: ':t• •'.:: ~ :.::::. .: .~. r . . .p •,0 ~.;:::; ::.:.: ~ SEABREEZE ST 8 ::..•. ... - •.:. _ •....;• .. ..:, ~.:: ::i: •: .--: . 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' C. • ~ LJ~'3!R•!Yi-/Y!•.5~'~'.~Y•M~:•~!•~+~+~.YF,u LJl~u •`•••:.:. ~:•:'.•-'~_:• ~.. :•",}~q~~•{{aI.7~(.(~~-y• ••yy,~.a~yr~.•:. . .: •: : .: •'., •' • •~ •. •.•~. .. •' ..rL.. •.. ~• 7 ' d ~' '" • : . .Q•• : : • - . .•.151 0 •'.': •• :: 9 & '.~ :. :. .. fh,. f'f..tf • Fri ;J:~.. •.:.:F:~ V .:; .:m.: '; ~~,~.~. ,r?~:;~-. ~. ~`~o.t:':;•~•'::~~;• ~ 1515 4 77 A • • . c~c~ \ ~ •• .:~: :: ~:•Y~'.4. . •r.:st1M4V N O .:. •_:: ::'•: ~• .,: -:;. + , ~ 1521 Ri 7 \ : : •• •: •• • ; ; ;.: . - ; 1523 • e6 :: ::: • . 4:..::~'• '•..::: " _ as _ n _ _ 1525 _ _ _ :~:i:; =:.~:::~:r :`::'•:~.::: :.> •.. :: : •: " " :•' ::be::;: 1529 a~ _ +o O 1529 :;_ •, . ~ ~ : -' ~ _ : ' • ~'::='~:::: s j,~32 1531 :;•,;; ' ~:.~~:~::~.•.~.::~;;,;'.:;:. `$:;:;::, a sa 1533 E 1535 - -:•m~ S0 - B ? - - so 1537 57_ e ;iT' ~ •°,: :• c •~•'~•••-• 51 _ a_ _ 1536 154 1545 ?;. ... ~ 9 } ~ ':~•:•.;. •. ::' . ~- _ °4 _ L ? 1547 . ..'-':..,. •: ' - : :•: :• ` _ '° _ .~ ' ,549 : : : ; : - - - ~,•. Zoning M ap Owner. Highland Group Clearwater, LLC. Case: FLD2006-06036 Site: 1515 S. Highland Avenue Property Size Acres : 5.46 Atlas Pa e: 315A PIN: 23-29-15-00000-340-0300 - ~' • ~ ~ ~ :,..~. ~..•':::;.' :• ~. m SEABREEZE ST QE T. - : T . ~ :•li.~ '.l+:,:. •• 701••'.. + :.... ~,,.. •.{; ~:- o.: : ~'` •~: : '•: ::;~2: :22s' ~:: •~ 2 .:.. -- ••: 9: '•'•: :'~ :~Q'- ~ ~• :~ :::. ' •~:. 2:.:•.. -• 't3: :~•. ]~ iy ~ S •• - ~~ ]. }~ ::.T~ 3Z•~' .~6:: '' s •-. 33=: ?~ • . ~ 93 : • : 7{~•.'' ' • : 23U d '' ••: '~ ''; •i 3 ' ' ':' ' '•~ . 34... • ' • :: ! i : .+ ; : : : . : e: . ~: -: . . -~ . : :: . . 2. . . ~O .. , O ;: gyp. < 1: . • :'.~ •:BEd ~:'t!.• : '.'7: '• ..~9'•:;: .: ~':.. ?: yp :. y~.; . . •.~ ~, ::~ • .. ~.; • •-.f. pp . : ~: ::~~ .®~~ 17C4CI~1 ~:N• U~FS• .~:o / \ .:,e- ~ ~,,.a.: ::;,2~.••;~ r:::;:: ~ 6 ~ / ~ .:24;•x. - ;~;':=rs" _:::•: ~-1n:~:~:;-::: •: :.: Q 1515 77 A 4 ~ Zg::::: - 0 . c,c1 .. t•. :,, ~ / .... •. ..; : °a. ~ " 1524 ~ 1521 1523 f~l•I 7 ~ .-... -~$: - a~ - ,o - 1529 r 'ee:.~:~i::~{:.;::'{; :_:i:i.i_::i~ sr:•:::,•::.-.:::.:::'_-'::".":•':•:c ::::iii :' - 94 s -153 1531 ;~-?:i:it-''::~•:~'•`--•:..;•::; :.:-;;.;:". . `• • ~:~ as e ~ C 1533 8 I . . : •' •• = ::te :: so - ~ - - so ~ 1535 1537 - : B s+- -s - - 1539 ~ ~"~ ~ ~ ': • - In>I>~d- - - ~` Retail Sales 1547 '.; :~~ : : ~ :•°~": ~ ~:~:~: _ _ u .. .. • ~ .. .....: { ~3•~' '. • •-::.' ~:;::~':~hc:6: ;:::, :':•i:': '• 75 7 A,~ - 3° -f~~t~l~•- - • 1549 & Services ;~;:.~::. ``: . ~e'~~~ ••.}:' ~ '::~ •-- '::-'':;•: ~ ::;'.~~;::: 1555 : •::.,..:1590:.•: rc . :'.:•; ::: • :•;• :.'• :; :. •: ~ - ~:.:...: '~ "~ ~ ~=~ Service ~A3, - --- . . • - ='::~•'~~vt~: l~s : =::-ra==: : . Existing Surrounding Uses Map Owner. Highland Group Clearvvater, LLC. Case: FLD2006-06036 Site: 1515 S. Highland Avenue Property Size Acres : 5.46 Atlas Pa e: 315A PIN : 23-29-15-00000-340-0300 ~~. ~ ~ ~~~ ~ ~ a .. 34~ Lo<~king north~tiust 1}~on~ subject pru~~crt~ to~~ard Nttrsety Road and abutting properties properties r ~ "•^ 3 ~~ ~ r ^~x r ,t _ i y~: a~ . '~` ~ Y abr i-;~Si. Lookin, north across 5-ubject property to~~.~-rd adjacent shopping center 1515 S. Highland Avenue FLD2006-06036 Looking northeast from subject property toward Nursery Road and abutting properties i,.. " L~,okin~~ east eirr~ss suhj~ct ~~rot~it~ to~~:~r~l F~Ii~~hl,inJ A~enoc and abutting properties a~dnnb~io ~o uo 1N3Wl~b'd3®~NINNtl1d 1002 ~ T ~~f.~ 4F ~ ~ o= MIRSERYROAD ~~~~~~ ~NI~I~I® ~ ~ e C.R. 474 '^ ~ a; s ~ ~ ~iRt pr^uc ^o~n-oe ar+o1H ~~v~Lo .^~sis ` ~ 1 ass lwssr .s^Fa) ~ .. ~r~^ ~ ~ e 'I'6~ c~w~n ' •{~i€ / ^ ^ ~ { `... -...awe..... - ~ ~.., ~ =L< ^i~r urn n I i'' -°``~..~ _ ~~ °'r~"~- ~ ~ F ,~ vor s~aw^ p » ss mo^R ane~r moo ~ ~ ~ •y; '~ : '~ _ =few • x ava^1 nnsa~ ae^r~ ~ s s ~ ^s Y BS V a ^^~ s~se @ ~ Ri Tp~p~~ p ~ 1+ ~~~® crA~aAn6x fit KLY'aiwi ~ tWY^ ' ~ lei' ~ ~ w °: _ _ z . ~LMPiII R0.VFis ~10~6 i~ L - .~. ~ L` 0 9 F F i s~r 1~ ~i~; d iddl$ 11 t BlJRDAfI ^ ~,ii ~lE~ O ~ ep ~ ~ ii333 L- A ^ ^ M a ~ ~ I~ g F BdPfl11K MLL ~ ~ s j < ' ~. C' C E ~A1A1 H~$J('$S~FL~YI~PAIVRd ~ ~p - ~_ I~j ~4. 9 a< 1 ~ .a. ~~ ~..,..= EBN5936 ~ <~ H a~ ~.,.~ eR~ ~' ~~ sa 1 < ~ =l ~~ ~ NES Comm.: 0620 i W E .. ~ I ^ / ~3 ,...a/ ! ~ 1.~ ya ChetleE 6Y N,G. ~ r~ ~~ 1 S `emu. g ~ w~ ' 1 \ 3' ~' rl 4^ ^ • ,~~ • .: ~ .. ~ ~ r \ ~ Is4ue Date: 71I29I06 ,~~..c- ~! N~ M~ fir M~ NI ' ^ ~ n a Lev _~~" ~ Revi ions: ~, 4 Id . i ,. -. ~ .I~_-_--~, Ih, t~ ~i ~ t~ ~ ,. I ~,~ ~( I d ~ ICI - ~ - - - - - ~ ~ o ,r~ R. eus an sat °v v ~ .t.i y ~ ... N~ ~ ~ t ~ UM PtA TTSa ~ G '-~ =- O ~ I .,. Y ~. N~ N~ B~ N~ ~ rc.,. e d. f 1^ 1^ 1^ • i MA 1~a :sus ,,~~~...,,. .. ~~ ~~. ' -~ ~~ ~ jai Z m oy ~i • g ~ zo'~ _1 I O H ~ oQo ~ _ NORTH ~oLL i ~ ,~ M ~~~: ~ ~ W~~ t ,2g: ,poi. sg z zs • r s~rc i k 9aQ SF ~ ~ SCALE: 1'=30' ~; ~ p Y ~ C ay ~jy H W N~~ JsDa ~ y m ~~ as 1 / Y y ' ttfll 6l/vp NiG : ,K so °~ t: au sF ~ .~^. i .. ~ . p~ so a r~ /1 /1 ^ k 46^ 1 ~ ~ ~~ ~,/ - gib ~SC~r ~o6~'~ i ^ sa . cu rOGL lE^ WC9'N4 IAFA ~«>~~1~ 3l:~~ ~1 : ^~S ~ R6D ~ rasNrmaw ~ / 9 ~YNd OONDO Y 3~Vld NOS13N • mswrmaw t ]6YIId (s~onn war A~~--eo-ngro S6£ ~tI'~ `,~ d Q~d~.~~ ORIGINAL RECENED MAR 15 2007 PLANNING DEPARTIV~Er~ i CIiY OF CLEARWATF • iw i~ t e'..t' 10'-i' 3i e. d O pATN BEDROOM "3 ® u~r ti ' ll'-0' ~~-e, , w ~ e,~, e, ,.._ N e' ~ J ~ ."`4'. ~~! ~ ~ a O pmnooM n ' ra~=cn i W.I.G. 1 4'd' i ----- Y .~. ,-b. I]'4' ~ ~ ~:{: e•§ ° o- MAeTER B Y M ~_ ]' ]' I ~' 4 ' .p ONT' ' •'-0' ~~" ~O-9• i BEDROOM 7 O pATN ma ~u~Rrt F ® Y e'er' e~b+ e• e,~, e" _. ~, >;~ o .v 4• ", i._ 0 LoFr ~~ V {' O" W.I.G. 1 m ------ Y IG'a" °" ~ ~" b" aT~ TER p OO 'y A Y am= 1-Y Q pAL ONY~ '~" f-f b'-o' 2J•'b' sgcob~ FLOOR PLAta ~ e¢eowe FLOOR PeLAPI Sao watts = n ea~ROa'te i a~vi aanae ~" r+reoL~ uwrs a OOe~ i }va e~ttao "'- -° '"'RIGA` NOTE= PER DRC REVIEW RECEIVES ~'""~'°°' ~~~,,~ ~ 5 2007 ~I.AI•tNINC~ 15EPARTfl~ENT CIT1~ OF C~ER,RWATER ~ v v' eAegJ ~~ to PIRBt FLOOR PLAPd = ARPA'0 ler rLDOn ~o ear 410 R_OOR s20 ec>FT TOTAL uvwo . µ1o e~ MT BOOR 14oONI PORCN b eOFT T!p YLOA~ pALGONT . !O lOfT oARAOC Ise eaFr TOTAL IINDFJi ROOF . Ytle eCfi >o '~" 10~-011" K carwrt=emu,.', ~ ~% yW T ` e, " A e' m I ` DINING AREA '-- ~ ..•~e ~ •.I. artaa Y ~ ~ w'-0. P • e" ~ 4 a 6 pAru ,-0. ~. GREAT ROOM s° ~ ti 1 e' ems" -'° a' ~• GARAGE ~m '~ ~~ ~e k 0. µ a' 'r ,OOV g=ED ENTR7 MY •e~ ~ y ~ e'-Y L c o ' ' Y l ' 10.4• e -0 Y'O° 9•.10' b'~' u • .4 z Y N~ ~. 3 W Q n Y ~ O s ~ ~~~~ z ~~~ s ~~~o R' ~~$ 9 q e° N ~~ ~p I~e~l • b' Z' m ~ $ p rc ~ w ~ ~ a `_ ~ ~ ~~ E~ O ~ ~ _9 _ u ,,,~~~yyy{{{ B41EEt NO. Z A-I m~ 0 0 _ ..~... ----- _ __ __ _______ _ ___ ..~~r~ ---- -I__ _._._. 1 ~ t a- a. -a- _-- _~ - - - _~ . ~ ~ - QaiGiNAL. RECENED ra,;R 15100T PLANNING DEPARTMENT C!N QF CtEARWATER ~~~ ~__ `~~ a ~t ~~ ~ ~~ a o ~ Ns g~~x~ dq ~~~~~ a~$~a 3 ~~ iae~~ o ~ m. Z ~' N p ~ a ~ ..~ ~~ ° ~~ ~ u 9 SHEET NO. A-4 ~.. . • ~~ ~ ~ , ' _______ 0RIG1NAl RECENED o~~~R 15 2007 b. G+`C~m.~76,~i'~'w. ~_ __ _,___ ____ . ~_.~ --_____ - ~_a.~~a...u , ~~~~~ _~... 3t ~~ •. ~~i ~~~ ~~ z 4~ ~~ •$~~~ w~~a~ ~~7~a p~ S yy f ~~$~~ . ~ m Z ~Z~ 0 0 r K P t ~ > _ m J rQ' V S r 9 4 v c ~ 9HEE7 NO. A-5 0 0 • ciN of cLE~wA~R t dRIG1MAL ~, RECENED ~"" i~~H~ 15 200T PLANNING DEPARTMENT CITY OF CLEARWATER F.I 1t p~~~ Q IaQ , '~' ~ ~g Q ~ ~ ~ g o ~~~ ~~~<m ~~~~3 ~a A~ a I' I ~~a~~ .~ . ~ Z a Zm ~o ~ rc rc .N ~ ~ J m ~ ,. s~. z ~~ N ® ~ 4 ~ 6HEEi NO. Z 3 A-6 a a 0 0 i ORIGINAL r~-~R 15 2007 PLANNING DEPARTMENT • CITY OF CLEARWAT'ER t .; as° ~7 e ~~~---- ~~k _z. ~f !t N~ µq~.' Q ~ 2V N U Zgs~~ ~~~m~ ~:~ ~~~~~ ~~ a ~g~ cS I~el~ a ~ o ~ ~ ~~ .~ o > ~~ J = Y0 F ~ ~ a z ~~ ~~ KNEE? ND. A-1 0 ~~ III NNT NLNY AT IOM ~ r w U n -'a~'i~121t/31~ dpeW~ ¢~a~-~Id~d3®~9VINE~d 1002 S I ~bW ~~ru~~~~ ~-~~® -~ l a c c v x c s - ° a o v o 0 0 o v o o ° ° > > > e g a u~ 8 ~ ~ t ~ ~ a a $ F r ~ ~ ~ n' ~ ~ 'C ~ tl ° G ~ $ $ ~ § ~ S 3 $ z g ~ ~ g ~ z ~ ~ ~ 7 ~ 9 9 ~ ~ ~ ~ § ~ ~ R ~ ~ Y q g ~ ~ s p ~ _ ~ ~ ~ ~ ~ a ~ g ~ "e g x e • E~RIGINAL ~EC~NEa MAR 151007 PLANNING ©Ei~N~ ...~,_ , ~11YOF CEF,Q"-,i,F,g..F. 3 D XI n N Q (~ is tD ^~ U i DRAWING: asior®e wine aua.oex, ,,...~.. e,.... e _ b m i~lILAND 41lC7r CLlMOM70~ " ^ °"` T1O'~`"'~dDOi~ ~ RJ LEON tASSOGIATES ,... N 7b 30U7N FORTHARRIBON a39s NOISY vies aR. ~~ ~ iAiII'4 k1 336b1 ~ \ e~' ' O GLEARWA7ER, FLORIDA 3356 w....a ,a -•.' . u~ PH. 86 9L@3TI9 FdK 96B~T19 \`~'1 J ORIGINAI. RECEIVED MAR 15 2001 PLANNING 6EPARTIVfENT QITY OF CLEARWATER ~ ~ 3 = ~ of =v ,~ T N OO O A ~ ~ r b Z `u . J ~' N 9 o • DRAWING: eusror~e wne .. twaotaz: .....,.. ~. ~ lg1iA10 W071t Ca,WIM'~ ~ ~ n T' 1Vp"~-"~" ~ ~ RJ LEON tAS50CIATES p _ D ~ .> r~cE>rtra~ arm cormezcut. ca~N Q ~ ~ •-•~-• W TIO 90UT}7 FORt NARRISON ~3~ rrorEi- visra crtz. _~.~_~~_. ~~; ~ Z rar^+a rt i~wzs O GU?ARWATB2, FLORIDA 33'56 ~e ~. B6 ~e-srA Fax. 9ca-sn9 O _ ,^ ~ :l: ~:r: ~~t: ':r: •t . : ~; ,~1 '' .' ;` :; " ' ' e: ' ' '; ` ` r a t t. t `r. ~E :r :d :r:r. tr. :a;.. .;'.;Sa ;A;`•. ;r; a~ ;a;:r::r.;`6;.. „ r: @ 9 a ~ a ~ _.- r.;~a;~c: Via: ~c.. f :t: 4: : ~.r.~.r.~:rw~ Sr.''t_; ~~ ';c.';r: ' : . ~• .fi S ;r `ri ,r r •~r. ~ ~ g e ~ ~ a ~ ! ! § $ § - &ax ~g gY gc g~ g x~ ~ . ~ •`r.;:r:;,t::'t`_; i 1 £ . ~ ~: $ .~ ~_ ~ R Sg 8 g~ E ~ g~ ~ R ~ ~ g~ Yg °S~ ~g ~ S xt ~ ~ _ '. .i::r: a ~ ~ g 'd ~ .; . g ' ~~ ~ g ~ .~ ~y ~ ~ ~ ~'g y ~ s R § g ~ ~r: r~ 1 g gg x 3 g f~ ~ g ~x~~i ae8~~~ y ~..•:• RQ g g :r !,;r.; ~ ~' `c. ~~ o _ 3~ - ' ~r 5t wr}irq~.t t `r: VS:; •:r :.r:- .r -tr-; 4A{~r:;tr .r-:r_~~-;tt-; •r ~: • . _ttT :. _• .:.: w :. . .. °~ < • ; :r: : r: l tr y ° 6 xx .. ~ -r ~•r. E~r ~•r, r.-•:.~rl•r - t: •r. •r'•e. ~r: •r: ? ::e: . ; R . . q •: '' w a~br;.~:;i[ > E~ > !~ i ~ ~U C9 ~ Q Z~ ~ C~ ,~- w e e r s l o e e ~ s v A r 1 o N NI~FILAlO M/ei~~ yr - < ,~"~~ " ~~ y rveu _ks[ Y •® 1 ~ rf-1 N~ gp~ Q qO 6 z~~~~ ~am ~~~~ i$ f ~. ~~~a~~ ~~~ .. ~ Q ~g~ ~~ ~~~ ~ 4 BHEET NO; A-4 0 NOR Y N s l p e E L e V A Y 1 0 N 1~'~tlQlY ROA9 AIDe .~ o ~ ~~ ® e°v ~ g ~ ~~ ~ ~ Z~ V a ~~ vs'~~• o' oor~ s~+~", w ro" Bt ~' it ,' °o ,; a °° it ~ Q~ ~ ~~ ~ ~° ~px~ o~~ a ~~ am ~0.~~ag 'I :I~~$ • e o u r a e I c R e L R v A Y l o N ,,,, a 72 & i ~ ~' S ~aa~~ ~ ~ ~H ~~ ~~ ~~ rc ~~~~ BNEET NO. rV z_ A O R A e? e l O R R L R v A T I O N 0 9-t-' 'ON 133M9 D QQ A a qO1 W Z i~~~~ ~~ ~ ~ ~ 3 ~~~~~ ~g. s ~ ~ ~ ~ ~$~ ~N z t t ~,i oo E ~'s p +c ~f ~i o ~Q (~~(( g YF~ E "4 "4 .aa .«. ®~~'Ab~fl®~ ~ibF9®® ~®®1~ b®I jid®Ib~~~bFi~ ~ 9 _,-1_l 4 4 M.~~ P '~y~ 0 z ~ ~ ~ n ~ F~-a ~m AD ~ ~~ S ~"~ o ~~ t u U ~RIGINIA~. ~EG~IVEE~ ~~i~fl i 5 X007 Nu~~~ir'~~ ~E~~Ti~~r~~ CITE ~fi CLEARWATER • COLOR CHART Titan Associates, Inc. HIGHLAND ^~~^ Body Body ~n^ Doors, Trim, Garages Railings Roof Body ~_ Page 1 of 1 23 I ~~ 11~ I o~ooo r X40 l o~ao 06-Jul-2006 Jim Smith, CFA Pinellas County Property Appraiser 08:32:19 Ownership Information Vacant Preperty~.Use and Sales HIGHLAND GROUP CLEARWATER L~L-C BBB: 14912 OPG: 2103 710 S FT NARRISON AUE CLEARWATER FL 33756 ' EVAC: Hon-EUAC Comparable salsa value as ,;y- Prap Addr: 0 of Jan 1, 2DD5, based on - Cens.eas Tract: 255.01 ~ sales from ZDD3 - 2DD4: 0 Sale Bate OR BaakJPage Price {goal/Un~l) VaclImp Plat Information 2 /2,006 14,91212.103 3,200,000 (Q} U 0000: Book Pgs - 0 !1,974 4,19511,992 40,000 (U} I 0000: Book Pgs - 0 !1,974 4,1881 505 12,000 CU} I 0000: Book Pgs - D JO 0/ 0 0 { } 2DD5 Value EXEMPTIONS Just/Market: 814,600 Homestead: NO Ownership Y .000 Gaut Exem: NO Use : .000 Assessed/Cap: 814,600 Institutional Exem: NO Tax Exempt x: .000 Historic Exem: 0 Taxable: 814,600 Agricultural: 0 2DD5 Tax Information Bistrict: CW Seawall: Frontage: Clearwater View: D5 Millage: 23.2372 Land 'Size Unit Land Land Land Front x Bepth Price Units Meth D5 Taxes: 18,929.02 1) O x 0 4. 50 212, 955. 0 S Special Tax . DO 2} 0 x 0 . 00 . 00 3} 0 x 0 .00 .00 Lilithout the Save-Dur-Names 4} 0 x 0 .00 .00 cap, 2DD5 taxes will be : 5} 0 x 0 .DD .00 18, 929.02 fi} 0 x 0 . 00 . 00 Without any exemptions, 2D05 taxes will be : 18, 929. 02 Short Legal BEG AT SE COR OF INT OF HIGHLAND AUE & NURSERY RD Bescriptian RUN E 498.4FT TH S 312.34 FT TH W 263.08FT TH S http://pao.co.pinellas.fl.us/htbin/cgi-gif?p=23+29+15+00000+340+0300&0=1 7/6/2006 Page 1 of 1 ~~ ~ ~~ ~ ~~ r oooao ~ ~~a ~ o~oa 06-Jul-2006 Jim Smith, CFt~ Pinellas County Property Appraiser 08:32:19 Vaeant Parcel Property Use, 000 Land Use; 10 Vacart~ Extra F~~~tur~s Description ^imensions Price Unites Value RCa Year 1) .00 0 0 0 0 2) .00 0 4 0 0 3) .00 0 0 0 0 a) . oo a o 0 0 5) . 00 0 0 0 0 s) . 00 0 0 0 0 TUT~1L RECQR^ YRLUE, 0 http://pao.co.pinellas.fl.us/htbin/cgi-gift?p=23+29+15+00000+340+0300&o=1&t=2 7/6/2006 file ~ EdtC l+ie~:^~ Favorites Tools ...Help __ _ _ ~ ___ "_.._.~m._._..~.,,.a......,..-., _ _. ~_ ___ ,~ _ ,;-aback ~-~ J ,~ ' .~,'~Search ~_aJFa~~arite- ,-Pf~t~aia ~~ ~ , Ad~res_: hktp, jj~ubgis.cv,pineilas;fl;usjpubiit_gis~ Links ~ Architecture iJ r~lisieilaneaus J Planning ~~;~'City Phone Listing Problems? Ciick here for solutions CIS Datasets ~ Aerial Download (Toolbar Nelp~ Query lips ~ Contact Info ~ Disolairner ~ Nome ,. _v , . , .., , _. e ,.Pinellas ~or.rnty GIB l~ Query by Address ~ 90 -- _ ._ Zppp Census Blocks ~ Y~I~W __ __ _... .... _ W ._ _. _ ~.. (: ~- i~ n rTmj tai' ('~- t)%~ ' Chi T n Lwl [.Ll La) ,~~ L--?, ! P:4~ 3msn ~ rs~f «, F~ ;. A ~ .rz. _ r-3, r 'I ..b s,i .o. ~, a.:~;: ~ . . . ..a.- t -. U t_! t ~ r-. lJ i f ~cY ;. ""~"1 :.;. `EV~ 1s1 •-r ,. a:1 U !"1 ~ ~. ~. ~j ,,,,,;~ ©~:~"NDTEQoI~Ic~-llickGictwP~toExF~ _ ~ _-__ e. ~. ..,n~ _....,, _". ~.o~, ,.._.- Q ,.~..~- ' SUSINESS _ ~ ~ ~ . ~~ ~ _ _ ... m .. ~ _ _ _ .. _ a ~ Parcel ld: 2329150CIQ00340030a i .,. e__ ~ v___.. ~~~ ..~. .__n____~ .~_____ -_. ~iter~ddress: _ ... _ _ Q ;~ RE~'Cl1hIR PRt~GRAk~S 1. ~ ~ ~ipcode: l~l ' TRAFFIC 1PICIDEI~ITS ipfl4 ; -~ lvt+unic~palii~r Clearwater ~ TRAFFIC I~tGD~t~TS 0~~ ~ ~ - Zonrn Bonin data not available . ___~ __~e_,___.__~.4__M__~~_„_____ , Dx a 13U~iNE`~S1NEfNTEVEAREAS ~ -m.,-__ .._ ~~ Land Use Code: Parcel #alls within Prlunicipalrfi~+ 5,> ; ( ' 1°1 ~ t9GhliCI~RAPHIC,S ~ x :. a t z \, \ \ y ~ ~ JURISDICTIt3N5 ' F ~ 111 •Y ... -. -" z ~ ` } R z w _I_.~1 , ~ ~ HCIADS i . ~ i Y Arterial ~' I d . ~.d . , .. ..__..._....._...~ _ _....~.._.....m__..~, l~alor R03dS - ~T , ~\ _ 7- E_ I i ~ - i Road 1I J"_"__""""`-""-. r I ._,„ _ - ®~~ 7~I~T1h1G EA,~tt~ USA r ~~' ,._~ Q PARC~lS ~~ [~ $ite Plans ~ .~ m,.~.... s r a__.a__ Active ~~e Plans on Vacant l~ ~ '~ =m..,_~...Kr.. ro_~ _ _... ~ ~ Parcel Lines • Slack Calar I © Property Values t N--,. _~ ...~ ._ »v.. .,,..K - ~ - - - _.._..- w - ~ . -----• - - _ . M... ....~.. _ --~_-~- _ ~_ . ,..•6 ,~ Parcrel lrnes - ~ _ __.~_... _.__~.~ ~...._._.._ ~ ..~:. ~_ ^ . Comp land Use Plan ~ . : ~ _ _.. Camp land Use Plan Legend t . j ~ ~ Parcel Polygons , ~ F ° ` ~ ~ ~-~ R ~ ; ~ i w,__... ___.~__._~.~..__~____~ . . e.. .. ~._... .- _ 3 ....„ i. .' ~ ~ 7.. 1. t e ~ - s CyaTt~ , _ __ _ - - ?~Skark ~ i~ #~ ~ ~ ~ ~ ~Tnbax - MicrasoFt rJut~k I ~T~emark Advantage [Ro,... ~ ~PinetMas Country Public ., _ ... __ _ _ ~ ,~~ Y _~ 8`?5 Aht •. _ ~ . ' INST # 93-291197 ! OCT 7, 1993 '11:56AM !` PRF.PARBU RY ~.]','C' 1`t'1VI.N Td; Iv1iCi1:11=L ~...1L•rli.l:, L•SQ. };.A1.I31{ cc tiVAkb P.V. BOX 71 TAMPA, Fi. 33541-007 t AMENDMENT TCa RECIPROCAL EASEMENT, ,RESTRICTIONS ,~1ND OPERATIgt~., AGREEMENT THIS AMENDMENT TO RE~3IPROCAL -.EA$EMEBJT, RESTRICTIONS AND 0 ERATION AGREEMENT is made and entered `=•i~nto this ~t~ day of -~ 1993, by and between, `:EDMUND S. WHl'TSON, JR., (he einafter referred to as "Landowner"):' and NORTHLAICE/BELLE PLAZA, JOINT VENTURE, a Florida Joint'Ven.ture'(•~ereinafter.referred to as rr,1 .~ ~~ "NLBP") . fi t~~~teul~' W I T! N ~:• S ,S,•~ ~F' T H: _ ~ "';';. WHEREAS, Landowner anal :•.tJLI3P•~~~ entered into that certain Reciprocal Easement, Restrict~or-s?and Operation Agreement dated ,_ June 30, 1993 and recorded in.Offibial Record Book 8324, Page 831 • __._ of the Public Records of PineJ:'las• County,. Florida (the °REA") ; and __ ___. WHEREAS, Landowner .•and NLBP •desire to replace Exhibit: "C" to ._ _i~the REA with Exhibit No %.,,1'•at'ta•ched hereto and made a part hereof; ..._~..l~a and WHEREAS, Landowri'er~and':VLBP desire to replace Exhibit "F" to the REA with Exhibit_.No.'2-~"~t`tached hereto and made a part hereof; and WHEREAS, Lanc~ovTn,~r,and :ALBP desire to replace Exh,~bt "D" to the REA with Exhibt:;:N'p:~ 3 attached hereto and made a part hereof,; and • WHEREAS,:°;.:'•Laridowner an~3 NLBP desire to clarify certain provisions o:f ,.~7%e; REA; NOW, '1'H•1?RE~'ORE, in consideration of the sum of TEN pOLLARS and NO/100 DOXLAR:3,..($:10.00) and other good and valuable consideration, the receip~`.:~rid` sufficiency of which are hereby acknowledged, Landownex'~:,•ancl NLBP hereby co~ienant and agree as follows: 1~.,-~.; ~xh•ibit "C" to the ;SEA shall be replaced with the Exhibit No. 1 ~°a~ta'ch.ed hereto and mado a part hereof, which is illustrative of t:i~is ~"as=built" situation, and contains clarifying notes with addtQha.1•"recording information previously unavailable and shall x riot-~~3~e deemed to modify the substantive provisions of the body of the R1~A -.., : ; a "'~ '••.`'•2.' Exhibit "F" to the KEA shall be replaced with Exhibit No. a ,. I'~.2 `attached hereto and made a ,part hereof. ~ ~ :.3 . Exhibit "D" to the FLEA shall be replaced with Exhibit No. ~ w 3'•attached hereto and made a ,part hereof . W r~ A.w 4. The last sentence of Seatian l.l(d) shall be modified to w w read as follows: w Q Landowner shall be etztitled, in Landowner's sole a o discretion, to remove, restrict, limit and/or prohibit a parking upon and to bar ~craffic upon any and ail parking 0 ^~ ^~7 ro ~7 M IT1 G n cn • r x~ °' z ~~ Nr w~ N• J ~~ RF~,FG~i~ f "'~~ (~,~100~ PINELLAS COUNTY FLA. OFF.REC.BK 8428 PG 2326 and driveway areas which now exist or which may exist from time to time anywhE:re upon Landowner's Parcel except for the pavement of the; driveway area.. on the east end of Landowner's Parcel as shown by the~•dotted area on Exhibit "D" and the paved area marked•-with.,dagonal lines on Exhibit "D". Notwithstanding th'e foregoing, the existing • paved driveway areas ;within.'the~ easements shown on Ex~i~it "E", Exhibit "~~'" and~;.,Exh.ibit '~" shall not be removed, nor shall traffic be:.7re.st'r.icted, prohibited, or barred therefrom. . 5. Section 1.7 of tYte F~EA•,.,..ah~ll be modified to read as follows: NLBP hereby grant~~, $o ~~a~downer for the benefit of Landowner's Parcel an ~xolus,.ve easement of sufficient size to construct and n,arntain at Landowner's expense a pylon structure and sign located as shown on ~~ibit ",7" attached hereto and~.,made, a part hereof (or such other location or locatiaps`~adja'cent to Belleau Road as may be required by the,. ~ity:,of Clearwater or Landowner's Agreement with the"'Ci~y.-of Clearwater) in order to erect the maximum square footage of signage allowed by Landowner's exist~n,.:~~n.d future approved site plans and development ac~resmen~s ~iith the City of Clearwater. NLBP has provided;..,~n~i ~sh.all :continue to provide at its sole cost and eXpen5~e .'elec;tric service to the sign for illuminati9n::tYe~eof and shall maintain such electric service at ~.t's,..~xpense.. Landowner may make changes to or replace su~~..,py:lon structure and/or sign, so long as Landowne~;•-;oki'tains all necessary governmental approvals thereforr`;,,•:Landowner shall have reasonable access to NLBP'S'P~rce2~for the purpose of erecting, illuminating, maintaining, repairing and/or replacing the pylon struct~ur'e. qr its pylon. sign. If the presence of the existingpylon structure or pylon 'sign precludes or reasonably threatens t~ preclude Landowner from being abT~.tp obtain all approvals necessary for Landowner to ererkt-'sttie maximum square footage' of signage allowed by Z,a~~dgwiaer's existing ani3 future approved site plans and ;•-.d.evelapment agreements with the City of Clearwater, then ~.. 2Fi;BP 'agrees to remove its existing pylon sign located ~•~~~~alang Belleau Road upon 30 days written notice from -~. Landowner. NLBP shall nbt erect any structure or install -. ~br maintain any landscaping which obstructs the full ••,•v:isibility from Belleai~c Road of Landowners signage on •=the applicable pylon structure. Landowner may remove at ... the expense of NLBP, any such obstruction in the event NLBP shall fail, after 3i3 days written notice; to correct any violation of this covenant. 6. Except as expressly modified hereby, the terms and conditions of the REA shall remain unmodified and in full force and effect and NLBP hereby represents that the leasehold interests of Winn-Dixie Stores, Inc. and Rite Aid of ,Florida are subject to the REA as amended hereby. ~~ ..n ~~ ~ GA ^® O ~~ o ~~ o a -~ m PINELLAS COUNTY FL'A. ' OFF.REC.DK 842$ PG 2329 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Reciprocal Easement, Restzictions and Operation Agreement to be executed as ; of the day °:,aid year first set forth hereinabove. ••~ ~•~ WZTN~SSES : ~ • Cf~t , ~, . ~~. _ ~ .: Pri t me G S'~ ~ .+.~ ~~~Ic,ft_ ~ ~` UND S. HITSON, JR. Print Nam , , a r c+ µJ q'b'}' ,. _,,•' "LANDOWNER" • /~ ,; _, ~:, -NORTH LAKE/BELLE PLAZA JOINT '' .,~.~ • :'VENTURE t Name "\ N~ L • . ~:ot.~lr~t> _ ---~ S •PHH L. JA resident of FI Land Co., eneral Partner nt me STATE OF FLORIDA ', COUNTY OF P/,~/ECC%},~.., ' , _ _ The foregoing;; instrument was acknowledged before this ~~+~ day of ~:~..':,...::',_ 2993 by EDMUND S. WHITSON, JR. He s personally nosan•.~o me or ha:. produced as.,. identification;;~~nd•..d.d not tike an oat NOTARY U L C '• "_ Print me: ~~ ~2~.•~.-~' Commission No. ~~_ My Commission Expires: •••,, STATE :C+F"~'L0123D ^~- COUNTY QF r «SbofO _ ... ".'. O ..... T ~,`Th~ •forego ng instrument was acknowledged before this o•~~YZ~ n day~og~ y'2y-'~ ~ 1993 by STEPHEN L. JAEB, as President of JFI Lend-;Go:,,;, the General Partner of North Lake/Belle Plaza Joint Vesture., a Florida joint venture. He is personally known to me or ~~ has``•~?roduced as identification and did not ~ n "''~a3ce ~an oath . ~ > , ,`~-,r~" .'•Y~t•~ OFFICIAL SEAL ~~// ~" ';! .; • EILEEN 7. HUNT NOTARY PUBLIC r- r Print Name: ~i ~FF~ ~. /yv~ _ H;.~~,~~ i M/ Commission Explre4 •SN Nov. 26, i9ea Commission No. U(o~ ,. ;xl: • •' •.+r4'~~ Corm. Plo. CC 067031 My C`Omml$$lOn EXp1reS: ~- 27639 ~ m0 ~ m~ I1? o~ ~~ ORIGINAL RECEIVEp ~ i.3 n 2 2007 PLANNING DEPARTf1AENT CIiY OF CLEARWATER ~2' ~ ~j ~ w - ~ - sECrmi~ L7 .Tgwnisrnv 29 SOUi1i. RMIGE IS FAST ..._ i~ V /IT^ r. !' •.Y SM'frt0'F. i ~ ~ ~_ ,1~ ~"~ r =r _.~~.. ~~ f`~P:~~ r..~f•-'~.-;• ~j~~-.~•7/!~~ ('J ,L,Y ~ ._... _..... ~ ' ' ~e~l r-llt} 'jI ,.LT~ ~ +~-J"~i., 1~. ._ 3 1-•~ ~• t 'taw` 'j ~ - ~. o, r.; ~ 1 i .. J`Y r ....... `".~^__: ~~~-' .,.....1''4~ .: tip t ' i .rr~, Z ;:~ t t i ~~ .w I t ue s ur ...•~... ~~<sra ~ ~ 4 _T..:S c.: ~. ~ '• ~ - 7i `~_ 'w .a] _ t.. ".r. "..: ~~ :: `~ .Y• .. f=~ _ ~`~~ ~, _ ~ ~'-~ rya~~ .., .,...... rZ+a ^i-~ .=i .~_ _ //' ~~~; ':~-ji:\`~~i i;1~t ~'1y./=-•.1, +Y_, i:il.Y~-l l• ~~ I~I ~~Iil. ~~' w•:T.. li ~._: i _ <=~ 'j 1,~t _~~~ ~{. •/:;.:~11ii-: ' `i `y_fat:'-- n[Gr :r.~ .•• -. ~. " .-. .,,~ ~: ~• •~~t ~.i: ~• 1 • ,t' Fe - ...^; : ~u ',:r~ . 'i. iii. - -_„ .,.,e t.. .. i- - .t i ... _ ..... .. z . _ ._,• - • s;:• ----~ ~ i~ _ ~ SEE SHEET 2 OF 5 _ w; -___- - r~NITSON OGR[EL •- ~ .~~~.., w w~/.: -.~_ _. - __~_ ' ~•i • '`~.. • "~3.: //ORTN LIKE/BELLE CLAZA P/q[EL SEE SHEET 5 OF 5 - _3~~-~ - _ 4~ M1.....~ ` Y, Mme,^^~ ~.,~ '~ :,'~~~ .. ' .:" SEE SHEET 4 OF 5 ' G! DCHIB{T °C° , y O y `~"t _ ` ' _ SHEET i OF 5 gy'm`' J ma ', ` 69~~/G" ,.,~ .'.+¢e..... . .i .r r.c ti ~~ m~ Lwe[t<f PL~zI .. ---- - ~ ~?..~....._...._ n,., ~. ..._ .. i., a ~ - -~T~- 3° HEIR SURVEY-F~(°I!)II-C' "' °•^ ,~~ .em ~-•' • •• SECTION 23 ,TOWNSHIP Q9 SOUTH, RANGE (5 EAST If !t D 111,u1 •f~fnu n~l:i~~~(dii"wn (' lf.rll /ia~',•/J'!5'd t n.,u•+riis,y,J ls.:.n.•~•/ ' =J :I •..' • ./•J•t'•/•• /9?.00' E ~ PINGLLAS COUNTY F'LA. ill .wr.:\ iv.~ afiii:i ~.we+r" t; 'I J-afee: ~*ff~•''n •~~~°^••"( OFF. REC.BK 8928. PG 2331 I'W. `. RM\\ \\\\ 4"~. ,,~ C ~L%f:rl4 ~ ,. y %1~~()(r~~ ~ V S': S'll' / J .V ~y_y Iiu y~ ~. fJR,C• 1 ~lI/i' w. 1 ~~ 2 1; o° j~ j0 ." h~ Vq J `^~ .~. 7~ 0 / ~~ 'EL iiJ, fLii[ , :'$:LV/; i i//Jf Yf a~~d o~L..i •lti ~ ate ~,~t;; ` ~ •~ I i:~~:g v .~.@$ T% ~i ~ C ~ /- ~- /;' is L,II{ q~d• IT. ' G f )Ip 4 ~ nt ifl~n 1 (l,L TYPie ae nfra/L aF Douses PA/UT STq/PE PARK/A/G JPACC~ SUOYEY4fl'S-GERIIEIGATE 1 hmptr/ cpnuy Nal a mWeT a tm nrmcnY Unwnad 11{fnDn wn IrodMntml luulel mT f.T,enlfVUl on /LtUE ix.!!~!-.ml n~nino"Ilndm.nll Gamer n 1 n w, ra.c.. TAn pnne,ry ~uui f)iNRJ~r;a(V. J@ _g/~{kk~..... TPOr1 ua hm•ntt. n/:cf't pf (rn•n 'yy'• 'I~.. IlnylalMell `w,VCyu, tlu. tfG: ~SiNly'ibreiis -~~ Jw'i,.TJL /.,~: 1 I I I I 1 1 EfLf~ I. A. • fJ44C /A9N ROa lNO. f144p (TYn1 • TYP/LIL ivl • Sv/CES Y.R •,bmfR Ppcf(NOOnI O.I/, • OYERJICRO CNJ/RCS) O/l. • 0/lAf[~fR (J 5~1 " f/4L4 dLR//f (//LR/OGI la s) • aoulu rrR/aL CPdR/46) /i/W - R/GNT-0!• IVJY (OJ OLLO (AI) • Al flf4RfC (C.) • MLfULl TLV /. T./Il J•w JI'_RT!' 1~ /V LJ4L ', fY'N FJ000 /NSJRJNGL RJTL ,I fJP, [Y1.IlAll/V/tV•iAA/!L =t! •'J li.rV7 •NLK:V //ERfJN ARf Q.IlLO pN n/NL:(Il dl:/N/Y tlCNf// //lK/f Np. /. }>'. f LV. 11T! 1, ALG.Y. OJT4AI, f: l: y. Tu// s.~x'[Y u/t H~CSJ.7LC rvmJaur TNc 9-tr_n/ o% J :utRtvl rm.L va(/eL J. FL/l T: u.; uupLROtRUUD VI/t/TIC/ NII'C NOT R!f4 (pJTfN OR lNLN4. ~H~~~r uG.u SHEET 2 OF 5 LAzBELLE PLAZq BOU.VOARY C T/E•/p 5U.4VEV~AS•BU/LT SUrQVEY >: vJ 0•M J:f': iii ii.{iuviunvfiea~iiA•' ~>iJ":' ,,yy' L_LO_ VERAS, BAUR S STEV6N8 ~ a"t~ 1'.T.~ Co N6 ulTIN6 EN GINEFNB•~- lAffO YUPVFY011B s'~ / 1 t•{t i•1I••i 111 uNIPT VIIIa MI•l• flEl{ V{ 1{M. Cl[L{WlT[n.rw{10•Ea{{t + ~Z O •~ ~ m® a G1 ~v O ~ n G~ r ~~ ~~; o C ~ .~ O ~~ ,~ ;: A 2131dM21`d31~ ~O Ally 1f~3V~112M~1~Cl ~NINMdId LOOZ ~ ~ ~~~ 9~-11d~32! ~dNIJ121Q Ij:~ ~ $~ . ~ i`u.1 a ~;~ p " J ~i _ ~\`w j V - iti w ~ w $ , ~: ~ ~. ~ i ~ E e ~ ~ >,~ M v,. ~ ~: C.- ~~ ' ~ h ~- ~M ~,;- .r Ia+.N n'; a3 Q be ~ W ). ' •' 1, -acv o .tv ~~• ~ Awl se I ,~~~ ;.~ it h , Y:I I e/ 7 i ~ (~v r1 ~` .Y. ~ '~ 'W I<n2 ~ a ~ ~ ``~,, ~.,' c .,~.. 'i3; °'. . ~ia ~a m . ~' . ...; ; ~, ~a ..•. - -•n _~.f ~. _ r i.~ .n v r , `~ ... e; \I 1 C } _ ~:. ,~ . :< ~ ; `' ~c. ~ i ~ ~ ~ ;~ ~~ C ;7l.EO.OD .6BS `a ORIGINAL RECENEp FHB p 2 2007 PLANNING DEPARTMENT CITY O~ CLEp,RWATER r 2 rW~tmri irrrna.i Jaiii•"aw ~ t~ 'r~ .~11{`'I Q . /raHl C V 1 ' . ~ _ - ~ ~~ r Z! Z I j/ ~'~ .: c~. !. hrdf~~'~n / ~ : ~~ (W/ rH)IN)H lTfwN /I I • )~ l w 1 i; ~ O pJ~ii10wli J .PLI AlJ J Jru-~ 'iLifa n arwiine j • ~ ;~ ~ t] a~Hfs t r. z i ~4 ~ ~ , \\\ \~\ ~ bl ~' orar ~// ~LJ J)Iif ~ ~pJJ//mil )I.~iS7~ _ _ ~ . • ~ 1 ~i . / / S ~ . ,~~'!~'%`l'!`~ \ .ii+. aim a; ; ;:~ O I Z , •~ ~~ ~ c.rra aY Yar4 r•:':'Y.fRasaa3 ~ -~ v/~. ~ ~ Je ~b I ~ ~_ ~ . f l! ` ' / / / ~ / ,/ _ cfrcr.Nl ~ yr" • :,~/// i / / / n// ~ + i~ ~ I I 3t ~~ .~w,J .,, , . z ~,; i^L t ~nl a J I `` :dares,/ .~ ~ ~ V oa l)rw•)rJ R"$I:)~'=•.w: i ~ .I_ j ~~~fs.cdeay v •:. ~ rta i ~~ as .~ ~a=. I _ ~(`/17{rneg.r =ya'go`"',ng$~_'._Qtn.m- :.w ~~a °.~..." :tea ,,,.a .,ra„r ~~ J = `;~~~ °'s`~ag~~a<< _ ;t` ~' a°ce«~ oro`u ae~` U 1° - ~ O m~ T ~_ y PINELLAS COUNTY FLA. NcrDrufa-ec.v.- p ti " OFF.REC:BK 897.8 PG 2334 Ja,c. wJ rJ L j ?~ ' ~~ ~M^ h ~ ybr. ^~< 7;},~ ~ 0i~ ,drmavtvu:ulWr _ _ J,a, • O~ r~ir GL9fe4>rU ~aN ~ ~0 lul~ ~ JA., ~. ~ '.. F/.I. cif;f /Iala1V[Ip], 411 1-- !A'•'/'JJ•~ I "' ~i JLQJJ;ifJ ~ ~V ~'[[~ PO:;,"~/w~ ~ 7:,~ YPn'X.far.,aliY! `t • :'r.''l;~y^'.,. ,,. r ..1 . ^ m'as'?tY: Mme m7.tY I ~~~ ~ 1"1.i N([its6 ff,v , ,y~.l7rJ' ~' O 4r ~. , I'I I ~' l 1!; .,.Isar\' cJ-Yn,ru.n[ N OtT~~t1'C // I '. Y ~•'IUUsYyan a,n Op/en:n x ~ I f:•iur. ,V,r/ l (1, V .~„ .) l1'e a ell Vae,nanl rrv/N ti `~ I ~~ Cd r~~i ~J"A! ;Ca}YII ~' • tY ,a,[1nl•a Iln.d+aY L.,ainr~Y IIAwn+ln7 .,i ~ • 1 ~4 II.a 41<Ikn, MJ Unu.INn ID..nu,,, (,i 1 F on niu•aw eL ~~ 1 1 1. .'.i f:dwll x . faoiaa olq, aJ' .~ i - " j.I s od ~I ~ '~~ e ~ I v4 Itl ~~ ~//' .Ir 1~~ ~~~ ~~la Ni • ~ ~ n Ls O Lr:,, I'1 i ) ~ ~ b >g ~ ~fM{~~I!jit• 11i CI ~~ldJ ~l i ~ ,. ~ a'Y/~/DJ! .a1wM N ,, ; . [ „-.,. .._.srt,2-. ; ,1..... ..± .... xi.IrYuur:~eol D,r. ::• S: 7a• /•Ja'~, ~,~ ...,. 3r,../j'fxra7 ~ r-~DJ• 9 ~~'tr:A7JSa'~ JSO.JI'({V N1i ~'` ^~~~ /9"~~/. 1 A7 Kn'E n `4" . \`;L ~' , `` ~ , ~ I tl • ;ill ': ~' ,. e.% ' °a. :h . f ' I LTr/Nr. rmD/rrJ I ...... '.p, ~ ~ • m J II ~r eJ f • !r/u~ I ~ ~ r,.a• N/ice , //e ~ ~ SJJ/NJ[T rirrarwr /1J.Y/A'S dyf~ iu :i'ii/ ii N, ~ t.~cry •/rt 7rf ~P. %4;r l ~. . ~~ ~ : ~i/s =a'YY ~r ; . } ` ~ J y ° uJ tl_ Ilia r.,yN,; uwr -B~lfR lnr r•swr.aui iYt Tom'-~`f1/t OIr/N ~ /r:/ l:'! ,. ... ~,. I/YAJ // . / Yu~rl/uI( Iiii /Iriu : Aa tlIAS'I'N4rr !/YC.a/f~T 'Vi/VJ wirer AJw~'/9 /P ` 38t.79'(NJ ~-_ -~-~~ WH/rS17N PARCEL r !~ flf ~~ -.-..r.~ 6CIlE fIAZA PANC[L • IIOFIII lAK[ ~ 6FSt);l hYCb is VNITSUII PM[[L - n parcel o~L rd In the S,M.4 of Secllon £]. 7ovnsAlP 19 Ran0a IS £a st, Pinol fas Couptri f1orlJe, 4e1n4 rare Mrtl 6C5£IITf'7lfif: parce o land h, the S.V.4 Yf Seetlnn 1l, iownihip 79 South, described as follows: ColmeneD al the northaft corner e Fan4e 15 East, Plnci las County, FIor IJe. Lelm7 mire Part leularly S.E.4 of the S.N.4 of 5cc tlon 2], Iownshf o29 SDUIh, Rang Florida and go 71.84 •0)'-97•W., -f PInd1 Ls County Cest dmerlbeJ as follows: Coamenco el thD northasl corner D/ [he Y.4 of Bald Section 77, enJ 90 11.09 -07'-97'N., y of the S S [ . , fact, elun9 the Lrntnrt lne of Ilunery Fad; tlrol,ce, leavl " s " , , . 000.]6 feet,"along thu [wrth Wurul., ry of the S.E.4 of the S.N.4 E., ]60.gq feel. tb Lb0 Po1nt of canted lnD, 5.00 -11 -ID 719 91 feet; t end to 71'•40'E 0 h S I of old Sectlen 17, rlso being Lhr <euberl loo Df t4lrsory RDaJ, ea f ]SO t tl' AO`C O ., . • ~nln~: t ence . De 06 =d~-]9'N., 192.00 feet, to a Mlpl an the north rlr/ 5 , ee ; 0, U • - to the ,POlnb of 0e9 Inning; thoncD S. llwnee 5.09 -t0•-07'Y., x67.04 lent; tlirncV 1,00 -19'-17'L'„ . ray line of Ballea lr Faid: Ihenco 11.09"-13 -79'M.. 299.11 l f0 l 111.01 feel: tACncl! 1.0'J -40'•e7'V., 215.OD fax[ to a polnl on htaml Arenue: thcncD f 111 li ! eav n7 st along sa lJ nor [h r14ht-Bf-w1Y lint; (heMe. r l9ba-a/-way IInD, 11.00 .19•-1 TY., 197.07 facet thence no o 9 •way the 6tti r19ht•o 79 feet along se id east right-of-wrY Ilno 9117 11 00 -19'-1TM II,09 -19'-29'N., 110.00 foal, tD a point on the aft x191 ' • ., , . tb • point on the north UDUnJa ry n! the S.E.4 e! ll~e S.UJa Y! FuaJ; s rl lne of Ihsrser nt th l l -1 ) w., p1Q90.67 f line of 1119htsnd Avenue; thence u.o0 •19 a ~ t n t d r ~ eJ l7 ~ y ~ n e cn e so W fa lJ Seclfoo 77, a thence 5.09 -07'-97+6 , SO 95 feet elono uln girth Inundery fals eMnce 214.0 -e0 -a7•L., 11 09 w. ltre, •nf r19n 76] th ILD9o•AO'-1]'E D1 f t b 7' ' (the eenterllno of wunery RoaJ) to the Pu{nt o! Oa41nn014• ~ ., ence ee ; N.. 21L lI.OO •19 -1 to the pone of OeglnnfluJ. CDnle lnlu9 F.e(A acres, ron Cenlalnln9 5.414 +cres, mre or loss. - EXHIBIT "C" SHEET 5 Oi~ 5 ~z ~ m~ ~ ~ ~ ~ G~ ~ ~~ tv p ~ .•a.8 .~'E SECTION' 23, PINELLAS COUNTY FLA. OFF.REC.13K 8428 PG 2335 TOWNSFIIP 29 SQUTF!, f1ANGE 15 EAST '~f J~h~ . r~~y ~~ U\ ,(}/T•z. 360.0/' 1 _ S 00° 2/'JO'E - w.w. .-'~~ ?' ,. A/. CO°OS72"Wt ~ 30Z99'!MI'~ t ., \ ~' a. s :.,.~.. x R••35.ao• ~~ C. •49.08' o°n I C.9•N.o4°.sd'29'N4.' zq c ro ~ ..., Q ~ ~- ~, '• EXHIBIT "F" =~...,~(~~-EXCL(L$IVE ADW ~~E E T ~~ (NORTHERN) fSE SCi 1 P T [ON .A:.,pat'c2r'of land in the S.W.# of Section 23, Township 29 South, Range 15 < ~a3~., l?Inellas County, Florida, being more particularly described as follows: ,•" 4orrrnence at the northeast corner of the S:,E.} of the S.W.# of said Section 23, °~.aitd ~o N.89°-07'-57"W., 80U.38 feet, along the north boundary of the S.E.} . ~of kle S.W.} of said Section 23, also being the r.enterline of Nursery Road ~',to'lhe Point of Beginning; thence 5.00°-21'-40"E., 36U.rSh feel.; thence 5.89°-40'-43"W., 33.76'feet; tflence fI.UU°••05'-22"W., 307.99 feet; thence along a curve to the left that has a radius of 35.OU feet, an arc length of 54.39 feet, a chord lengtft of QiJ.UB feel, a Cflorcl hearing of t1.44°-36'-29"W.; thence N.(10°-52'-03"E., 1B.7U feet to a point on the north boundary of the S.E.# of the S.W.} of said Section 23, also being the centerline of Nursery Road; thence 5.89°-07'-57"E., GG.If, lcet along said north boundary (the centerline of Nursery Road) to the Puirtt of Beginniny. ~BELLE_...PLAZA l_IOVFfiAS, F3AUfi and STCV[NS f Nr~INf EFtS SUnVEY4nS 79T00 U.; . I9 Norih Clnnrwnter, Florida 34821 f'thnnr.; (013) 70~•30GS Fax: (013) 784.8153 DA'f[:J/27/81 EXHIBIT "F" r+rviseD:I I/zc/9 NON-EKCWSIVEHOADWAY EASEMENT(NORTh![RN)`~nir::t--so• .IN.Innn Rr_wsl=_D:I2/n/9 m=vl~r-n•r/~a/4~ Eslrihit No. 2 PREPARED FOR: NORTH LAf(E / OELLE PtAZ.A J.V. c/o MR. DAN SOLANO P.O. BOX 428 11505 C.R. 514 MANGO, FL 33550 NORTH sTCAtE ~••so' REViSED:7/ 1 /83 Rf:ViSED:rJ/ 17/93 RE%[SED 9/30/99 '7-i ~~ ~ ~ (~ ~ ~ G) O ® 8 ~ r~i t,:t ^d ~~ ~n, - PTNELLAS COUNTY FLA. ' ' OFF.REC.BK 8428 PG 2336 SECTION 23,' ~ TOWNSHIP 29 SOUT}i, RANGE~f5 EAST ~. A4TNEA6TGt7PNE/! OF THE C'E //Q OF PAEPARED FOR 77/f 5'AY//~OFSECT/OR/P3!"~7-/S NORTH LAKE/B MLLE PLAZA J.V. ~ 0 ~ c/o MR. DAN SCILANO <; `;. ~~ $~ P.O. BOX 428 •..... `h ~ 5.'OD'Z/'CD E 115D5 C.R. 574 ' •:....... _. `; +- ~I~ ~~ ~Ga MANGO, FL33~sa~ -,. ~ '• NORTH scALE t•.ao' v ~ ~g ~ ~~ PARCEL =.. KI~C PR~E~ , F .J I '~~ VISA ~A ',:-.. :.••. g9 PAR Fi~E U~P.vv~D ,h~, ORf 8, •~ ~(~t7, ~ HYD!/gyT !!~~'llYPj ,t... war-r•~:v' ~ ` ,~ ^ Q d3..E, Q ~ 4. D' ~h/ 8 ~ u~sao' ;.. f 0.7'CO~bIC.CU,4$(TYPJ U,UP D ~~ . BSPA.E9D'lSS ~ P) ..ol :~ 1 a, ..... ~~ ~ ~ .~5'fl/6 ~NETl7 Eif1CE t I I ~~ +' I ?~ 0 UN Al~EDllR ~ ~"CO•uC. GY.9CK _ _ ,,.. .. %/JLVE <USE 'CD.(/000,PB, CCO~GGy'. ~v ~ ~COfH/C//l9A/O ooI U,f/KA/OIYN) <TYP) • ~ f1/G'HC,4~t/D.Q{~EdIUE ,~sru_ - 9oe ~ • EXHIBIT "G" CROSS PARKING EXHIBIT 5EE SHEET 2 OF 2 FOR DESCRIPTIONS LaBELLE PLAZA EXHIBkT "D" CROSS PARKING F~CHIBIT LLOVERAS, BAUR and STEVENS ENGINEERSSLIRVEYDRS 29?88 U.S. 19 Norih Cieerwaler, Florida 34621 Phone: (813) 784.3965 Fax: (813) 784.8153 SHEE71 OF 2 SCALE: 1' . 40' J,N, 18077 DATE: 3 7/8t AEVISEO 9.17-93 l7 ~ OZ pp ~ ,~~ ~ r~ m y °-~ o Z7 ~ ~ ERHIBIT No. 3 ~, SEC'ftON TOWNSIIIf 29 SOU111, RM - 15 EAST •-~ ' PINEGLAS COUNTY FLA. OFF:REC.BK 8428 ..P.G 2337 CROSS PARKING PARCEL ... DESCRIPTION: • ~~, A parcel of land In the S.W. I/4 of Section 23, Township 29 Soul11; flanc~'r~._t'S East, f inellas County, Florida, being morn particularly described as follows: Commence al lhc,nrnllreasl comer of the S.E.I/4 of the S.W.1/4 of Secllon 23, Township 29 South, Range 15 Ensl, Pineilas~nuiily; Florida mttl po N.09'-0T-57"W., 000.30 foot, along the cenlerlhre of Nursery (load; thence, leaving snic)..c~rtlnrltne, S.OU°-2 t'-40"E., 3G0.44 feet; llrence S.09°-40'-43"W., 9fi:~ nq fret; Ilrencrr S.00°-19'-17"E., J5.40 feat;.to:ilre~in f l7~glnar,,p; Ilrence Continuo S.DO°-19'-17"E., 1 lf, :rl Irr.k lhertce S.09°•40'•43"W., 245.OD.feol; thence N.00°-10'-17"W., 11G,33 (eel, Ihenca N.09°-40'-43"E., 245.UU leel, to the Point of beginning;;, ' DRIVING LANE. _ PARCEL DESCRIPTIO~d•. - ,,§j A parcel of land In the,S.W.1/4 of Section 23, Towraship,79.S;oulh, Ranpr. t 5 f:asl, Pinellas County, Florldn, being more porticulnrly described as follows: Conutrence aE the norlhe~sl r:orner of the S.E.1/4 of the S.W.1/4 of Section 23, Townslilp 29 Soulli, Range 15 East, Pinellas County, Florida and go N.09°-07'-57"W., 000.30 feet, along the cenlertine of Nursery Road; Ilrenca~leavin,g sold centerline; S.DO° •21'-40"E., 360.44 feel; thence S.09°-40'-43"W., 283.09 teet,, to the petal of 13eatnninin; ttrence S.Op°-19'-17"E„ 95.40 feet; tlienco S.89°-40'-43"W„ 5.OD feel; (hence N.00.°-1$"=17"W, 105.40'ieel; thence N.09°-40'-43"E., 5.00 feet; thence S.00°-19'-17"E.,10.00 feel, to the Point af'BeglnnJiig. ' •s t: •'\ ' ' • ? ! .!iJ~ Lam.. N];•iilQl.t;j ' :+GR°cJi'lUPlD l'N~II:iG~liNuR'I;~? A'ric lit1,4'F~~'Ii:~ ~ 9 •j,ii~l U?.':L: 1~'! . uU ., ~,i1'~Si~_ 71~it:r1\! fi~i. ~ti . ~` 1 . EXHIBIT "D" ~~Q~S PARKINrz EXHIBIT ~,~$~ELLE I'L.A.ZA. EXHIBIT "D" CROSS PAFIKING F~(I-IIBIT LLOVEF1n5, E3AUfT and ST EVENS r:r•rrlrlr•ms sunvevons T.9?.DO U.S. 19 Nurlit Clenrwalar, Plmicla 34G?. t Phone: (013) 704.3QG5 Fax: (013) 704.0(53 SHEET 2 OF 2 SCALf:: 1" - Ao' .LN. Inar] Dn1E: J/27/DI ~~ QZ G' ~ ~ m~ n - r- ~ ~ ' s D '{' o_ '~° 4 r-{T' m ~~ ~~,~ ~'~ ~ INST # 93-188'l34 4 PTNELLAS COUNTY FLA. JLY 1, 1993 5;34PM OFF,REC.BK 8324 pG 831 • _.~< ' ' r) ..• RECIPROCAL EASEMEINT, RESTRI'C'~TONS •. AND OPERATIGN AGREEMENT ':., THIS RECIPROCAL EASEMENT, RESTRICTIONS AND;,Q~ERATION AGREEMENT is made and entered into this 30th day 'of June, 1993, ,by and between EDMUND S. WHITSON, JR:, (her$°inafter referred to as "Landowner") and NORTHLAKE/BELLE PLAZA,., JOINT VENTURE, a Florida °i Joint Venture (hereinafter referied:~to"'~s. "NLBP"} ~ •. OxumanGtrYTaxFd ~_.w,~~ ~ I'.sdiun F Urr!1':d;:f, :~Prk. ~lf.~ti;:11 l:OUntY w ~ :r::Y, r' •~;; :...: By Oupur, CtUrk ~Il!=T.__.~. °oo WHEREAS, Landowner, is the;, ~o~iner in fee of certaa.n rear ~ ° a property located in Pinellas~:,raunty, Florida, consisting of "' a approximately 5-.456 acres more particularly described in "ib t a ~'~"~ attached hereto and made a' part hereof (the "Land'owner'-s a ~ '" Parcel") ; and boa ?.. `''•.., u1 Ri:~Rik~c}~ x w H WHEREAS, Landowner .• ii~~terid~ to develop and construct onw.c t~,~,ley- ~ a Landowner's Parcel buildirigs•,.,;Y.mprovemente, and related parking andi~•, _ , p ~ site facilities for such 'Uses%as he may, in his sole discretion,l~.r ~ ~ determine from time to. time 'except as limited herein; and i~;l,ti H U :. .. ... _.. I.t'1'I' ~.--,.. °' " ~ WHEREAS, NLSP,,.h°s `purchased from Landowner certain realN,c -`~ w ~' ~, property consisting, .; of;;;•,approxi.nately 8 .464 acres (the "NLBPIt~.r _~~ ,~'~'~ Parcel") located ,cQnt~giaous to 'Landowner's Parcel, which NLBP a ~. c Parcel is mare :part'icukarly described in ~ExhYbit '~B" attachedra?;;~~'~ ~ ~ ~' hereto and made 'a ~pztr.G:,.tiereof; arad `"' ~'""i a x WHEREAS,,:~• J~F~HP,; has constrt~cted a strip shopping center w ,n. containing approximately 85,953 square feat of ground floor ~ ~ a building area;:.•.plus landscaped ''green" areas and truck loading Now docks, custom~er;~~gkup and compactor facilities and related parking `^' w and site facilities in the areas indicated on the "as built survey" attached„her~to.,and made apart F.;ereof as Exhibit "C"; and ~ a ~ ~ .: n ;, WH~EF~EAS,'s,~ in addition, NLBP car its successors and assigns has a x the ri.ghE,.,.,~subject to government regulation, to construct 6,985 w ~ addi~:.ioi7a.1 square feet of ground floor area for expansion of the a ~, Winn,-D,ix~e store; and P+ ra ., . c w ...N~H~REAS, Landowner's Parcel and the NLBP Parcel, as more ~ ° partcuTarly described in ambits "A" and "B" are herein ~ :•gol~e~t;ively referred to as "the Parcels" or the "Development", and ~ H ; eh~tt:< individually as a "Parcel"; and ' - .• ~, •''~°''~WHEREAS, it is the intent and purpose of the parties hereto ~ ~ h that "the Parcels" shall include all property now owned by the • parties in Section 23, Township 29 South, Range 15 East, Pinellas ~ County, Florida except for that 'Parcel described in Exhibit ' I!',; and it is further the intent that the Landowner's Parcel and th`e NLBP Parcel are contiguous to one another without any hiatus in between said Parcels; and KARLEEN F. DEBLAKER, CLERI( RECORD VERIFIED $y; ~~~ G `~ f G ~ -'ti ~®c~ ~~ FEB ~ ~¢ ~'f'~N~~,~. ~~ ?0®I ~~"~~Pju~~~Ma• ~~~. PINELLAS CpUNTY FLA. OFF.REC,BI< 8329 PG 832 tJHEREAS, Landowner and NLBP recognize ;that it is in their respective best interests that they agree ~~,?nd cooperate with respect to the operation and maintenance of ``th'eir Parcels and the "Common Areas" (meaning all areas of the i1I;Bp~`P~trcel which are not within a building area as such building ;are~a~s•:.:eitist from time to time) and facilities constructed or to ;be ~onst'ructed thereon as indicated on Exhibit "C"; and ~. '~. - WHEREAS, Landowner and NLBP hava,•tieretofore or. do herein grant to each other certain reciprocal :'easeme~its for pedestrian and vehicular ingress and egress and parkit~.y'pvhr the common curb cuts, roadways, driveways, aisles, walk~tays.aria;:sidewalks for access and for delivery and do grant cer~~ain ,fights to use and maintain utility lines and site facilitiesi:with'~n the Common Areas; and WHEREAS, Landowner and NLBP••~l.so.::do herein provide for certain agreements, obligations and restrictions with respect to building construction, and the operation and maintenance of their respective Parcels and the Common Area~.,andiother facilities to be constructed thereon; and ~• WHEREAS, such ag~e'etttents, easements, obligations and restrictions shall run~to~,the'"'benefit of, and bind the respective Parcels, • and the Ownere~ ~ratn limo to time of the Development or any portion thereof; and:.•._"'•:,,• WHEREAS, the te~ms;~ ",DILBP" or "Landowner" shall be deemed to refer to such part3:ea.;and the respective heirs, successors, .grantees and ass~gris;a~::such parties, and any lessee of any Parcel or part thereof~•;G~ho'~,has assumed all of the obligations of the• owning party ;-~ (nt~uisiually, the "owner", or collectively, the "owners"); NOW, 'i'IiEF2~1bR$~, in consideration of the mutual covenants and agreements'~,,her~inafter set forth, the sum of TEN DOLLARS ($10.00) and other:..;'good and valuable consideration, .the receipt and sufficiency "•oE..;which is hereby acknowledged, Landowner and NLBP hereby grari~t,',covenant and agree as follows: •` ~~ ARTICLE 1 ~~• • GRANT OF EASEMENTS ` •'';Section• 1.1 Access and Parking Easements. 4 ., ~" ,~:;(a) The Owner of the NLBP Parcel hereby grants and conveys, ~`•to the owner of the Landowner's Parcel, for the benefit of the Landowner's Parcel, a non-exclusive easement upon and the right to the use during the term of this Agreement of the Common Ar'.:as and the parking, common. curb cuts, roadways, driveways, aisles, walkways and sidewalks located on the NLBP Parcel, as indicated on the as built survey (Exhibit '~C'!), for purposes of ingress, egress, PINELLAS COUNTY FLA. OFF.REC.BK 8324 PG 833 passage and delivery, by vehicles and pedpptrians and for car parking. Notwithstanding the foregoing easet~ent:s, each Owner shall maintain on its respective Parcel the parking ratio required pursuant to Section 3.2(b) hereinbelow. „ . _. `~y (b) The easements granted hereby:~~~nd~. granted elsewhere in this instrument shall, unless othar~ais~ slecifically provided, be for the benefit of, but not restricted solelX to, the Owners of the NLBP Parcel and Landowner's Parcel a9'd'~~~Gh-such Owner may grant the benefit of such easement to the .k~it8nts"and other occupants of its respective Parcel for the dura~,ion of; such occupancy, and to the customers, employees, agent~..••und• bt~~iness invitees thereof except as may be otherwise provided;•~~seWhere in this instrument. No such grant is intended to crea~e~nor shall ft be construed as creating any rights in or for the=.,bi~nef3t of the general public nor shall it affect any real proper`ty,,..".outside of the Development, except as otherwise provided herein. Landowner .reserves the righC ' to limit, restrict or prohibit parking by employees of tenants or tenants of the NLBP Parcel'.~pon!;~Zandowner's Parcel. All easement areas are reserved for saa.d u$o fbr the term of this Agreement. (c) Except as othex=w~se ~`rovi.ded herein, neither party shall prohibit access and th'e, €ree'flow of traffic between and across their respective Parc~,ls~=;except as improvements may from time to time be constructed or~.:~elo~ated on either Parcel. (d) The parking" arc~a• on the Landowner's Parcel marked w die nal lines as;•~sZaoWn on Exhibit "D~' and including the port rly Highla Avenue el?tr~nO.e'and access road serving such area d the dotted a shover,<~on Exhibit "D" shall be maintained by N Pat its sole expens arid,%~'ZYe.use thereof shall be limited to icular and pedestrian tr. ".fc`and parking. The row of parking n•Landowner's Parcel and mark . `' an Exh' 't "D'! with cross ha i.ng is .for the exclusive gse``:•'trf'••... " ndowner's tenants and cu omers. Landowner hereby grants`'°`to N~,B or the benefit of N 's tenants and other occupants,..:,,;customers, ployees, agent and business invitees thereof noti~~eXClusive ea meet and ht to use during the term of this:`AgreeMent for parkin u7rpo s and ingress and egress all areas maxk'ed:'o#t Exhibit "D-' wit 'aganal lines, but not including the area~...m~rked with cross-ki ch g; provided, however, parking privi.]=•ege's..,,thereon shall b limite and restricted to business invitees, customers and cents of NL 's tenants and parking by pra~cip'aYs; employees management or o er personnel of tenants is..~i~bhibited. On Landowner shall be ntitled to use for muni~ci'pai code, 1 d use, zoning and building ermit and parking ;requrQments a purposes all of the area, inclu ng all parking space$`shown n Exhibit "D" and all oP the thirtee (13) parking spaces spl' by the south property line of the Exhibit 'D" Parcel, and NLB shall make no claim to use any portion of sai!i •+cas or area or municipal code, land use, zoning and building ermit re irements and purposes. Landowner shall be entitled, in ndowner's sole discretion, to remove, restrict, limit and/ 3 ~~i; i PINGLLAS COUNTY FLA. OFF.REC.BIC 8329 PG 839 pzohi ix~arking upon and to bar traffic u~fott any and al g an ay-are {yaw n Exhibit "D" o' y exist Prom time to time upon Lan~Ic swwsler~ trrth~.,, of the northerly Highland Avenue ent cept fore • ~. ~~tfie_driveway area on end of Landowner's Parcel:, as 'shown by- Y ~z~~ on exhibit "D" :: (e) Landowner hereby grants exclusive roadway easements as attached hereto and anade a part k with drainage have been construe requirements and hereafter the pz lighting, landscaping and fence ~~ maintained by NLBP, at NLBP's sq7 (f) -NLBP has reconveyed width contiguous to .and ad~oi in Ex ' bit "H" attached he~'et deed which has made provisibr continued ingress/egress; •~••.8u utilities for NLBP as showp...o~ responsible only for ~antein~ said areas and 'the utili.~:ias;•, located in • said areas'~and~ ~,ar modify any of the paveinet~t dr shown by Exhibits "'Ctt,;.`'a.E", this Agreement. •, ~conve~s to NLBP, two (2) non- in ~ki` ~..:' Exhib is "E" and '!~ ~f :°>. ~he paved roadway areas, to" Irhe City of Clearwater's ~r,Q.a'dway areas, drainage,• and if the roadway areas shall be .$t and expense. to iaanc~owner an area ten (lo) fast in ling Landowner's parcel as described ~ arid. made a part hereof by quitclaim ••foz"Landowner to assure appropriate rfa~e and storm water drainage and •Exhibits "C" and '!~'!. NLBP shall be rice of the actual paved surfaces of drainago facilities,.and landscaping Towner shall not in any way alter or any of the easement rights of NLBP as 'r" and "Fi"" , except as permitted by (g) A pe7e.p~tt~a1"` non-exclusive easement for purposes of vehicular•and:'pedesti;Tan traffic is hereby granted by NLBP to Landowner for• t2iQ usia of the driveway, roadway or traffic lane and the Belleair'''Road entrance thereto, shown on Exhibit "C" as extending arid.~c:ontnuing directly in front of the shopping center building, xurit~iz~g' •riorth •and south from the entrance to the shopping center froiri~:8el~.eair Road nearest the intersection of Belleair Road and Highl~iiti::~~venue and to Landowner's Parcel. (}ii) `~•,.N>aBk? shall maintain, at its sole expense, all accele;ratidh.:8nd deceleration lanes for all entrances and roadways to the D~.Velopment and all sidewalks on the Parcels and other off.- site'•iinprovements which have been heretofore constructed for the Development to the extent such maintenance shall not at any time be• p~o~t~ed•:.by governmental authorities. '~•,S~ction 1.2 Utility Easements. .,,..•-~he Owners of the NLBP Parcel and Landowner's Parcel hereby grant and convey, each to the other, for the benefit of the NLBP Parcel and Landowner's Parcel, respectively, an easement in, to,• over, under and across the areas not covered by buildings as they exist from time to time on the NLBP Parcel and Landowner's Parcel for the purpose of installation, operation, maintenance, repair, PINELLAS COUNTY FLA. OFF.REC.BK 8329 PG 835 replacement, removal and relocation of ui•~larground storm sewer lines, sanitary sewer pipes, lift stationB aa~d related apparatus, septic systems, water and gas mains;~••~ electric power lines, telephone lines, and other underground-.ut.ili~y lines ("Utility Lines") to serve the facilities located ~•£rom°•..time to time on the respective Parcels. The installation•:o~•,ariy Utility Lines shall be subject, as to location, to the apprQVai,of the easement granting Owner, which approval shall not ,,b~..,uttreasonably withheld. or delayed. , The Owners of the NLBP Parce'~ •'ancl :~,andowner~s Parcel or any Parcel served by such Utility,::~LiM~s ,;.nay operate, maintain and repair (and, if it does not unr..easflFi~bly interfere with the use of the easement granting owner's Paree~9„;relocate) such Utility Lines, provided such repair and maintens~riC'e,is performed expeditiously and only after five (5) business day~•~~written notice to the easement granting owner utilizing or serviced by said utility Lines ar the parking area to be affec~ed,,by,;any construction work. The party performing the repair .shall,'' at; its cost and expense, ,repair the damage to any improvements:•,,Each Owner shall indemnify and hold the easement granting;; owner-;:Nand any occupant of the easement granting Owners Parc&1'°~hazniless from and against any claims (including claims o$~•mechatSic~s liens), damage or loss which may result from the aa.~fvi~ias of such installation, operation, maintenance, repaix;~~repla~ement, removal ar relocation of any such utilities, lines ;ox ~•`se~i~.ces or other facility of any nature or kind located on t~e~.,easement granting Owners Parcel. NLBP x•epreseriti$ ~a~d fully warrants that the domestic ~•rater and sanitary sewei•systems and the paving and stormwater drainage systems as snot/n' or-•:Exhibits "C-i" and "C-2" as attached hereto and made a part;..3~ez<eof have been built as shown and that Landowner can tie into thein~;~s~indicated in said Exhibits and fully utilize them for the bene~i~ ~a~ Landowner's Parcel. NLBP shall maintain, repair and repla~e~~~rom time to time, at its sole expense,• all of said systems•.ancj.:,paving, in order to assure the continued availability thereof~~ ,.for;'-~t~e use and benefit of Landowners Parcel. A structural'';e~gineer licensed in Florida shall be engaged by NLBP to inspect the condition of the aforementioned systems on an annual basis '•arad:.:~°`~to render a written report of its findings and regomp}eric~ations for repairs, replacement and maintenance to NLBP anal ~,o,,. Landowner. Landowner shall be considered as being in g.~:~v.~ity..,.of contract with no exception for client privilege by the s~~.rir~tuxal engineer. ,. . "~,.~~ NLBP has caused the project engineer to provide comfort litters to Landowner concerning the adequacy of available water and sewer capacity to Landowners Parcel. Such letters are attached heretc and are incor~~orated herein as Exhibits "C-6" and "C-7", respectively. PINELLAS COUNTY FLA. OFF.REC.BK 8324 PG 836 Any and all sanitary sewer systems,stprm sewer systems, water systems, or drainage systems which service, the improvements shown on the as built survey attached as Exhibi:t•s°•"C-i" and "C_2", which are off site have been recognized as the.:.responsibility oP the public and the governmental authority responsible for maintenance thereof has recognized its obligation;~to:~ so maintain,. which fs evidenced by Exhibits "G" and "G--~!' atrtadhsd hereto and made a part hereof . In the event any governmen~al.:,ac~enpy shall make any claim against Landowner for such main~en~ni;e,.;•~ said claims shall be satisf ied by NLBP unless such dlaifn:.(s~) are due to the gross neglige~lce or willful misconduct of ~I.a~hdowner. Section 1.3 Storm and;'Surfa~e~~Water Flow, Retention and Detention. ., ~'~ } The owner of the NLBP ParceS"~hdreby grants and conveys to the Landowner, for the benefit of. the Landowner's Parcel, a perpetual non-exclusive blanket easement"-in, through, to, over, under and across the NLBP Parcel and-~draYnage lines located thereon (except those portions upon which~bui3dings are existing from time to time) , for the purposd~ q~ ~~prOviding and affording surface water runoff, and drainage ~`an~' ;s~arm and surface water detention, retention and drainage..~~aci:lities as required by and as provided and designated per the asbu'ilt plans entitled Exhibits "c", "C-i" and "c-2". The use~b~~~I.andnwner of said perpetual blanket easement is made availab]:e;~ -by"'<,,~FLBP to Landowner without any duty or obligation by NLBF~ to elder or reconstruct (except for maintenance) or make any add'i~,~on" to any facility for surface water runoff, drainage and sto~m`~~~arface water• retention and drainage as shown in • Exhibit "C-2'! : ~~: ,`-..Pr'avided, however, NLBP represents •and fully warrants th~t:'.:~Yie;..;stormwater system has beenconstructed in accordance ~:ith SWF~rIMD•Permit No. MSW 402642 and SWME 07406, dated March 22, 198$•,,, (•t!Permits"j and that said Permits and the systems as constructed: as.:•'of the date of this Agreement germit the Owner of the Landow.~-er.~s Parcel to construct no less than 3.876 acres of impervious-~;:surface (the "Minimum Capacity"j of• the Landowners Parcel '(~~, ~1irther described and clarified in Exhibits "C-3" and "c_a„ ittachgd hereto and as set forth in the SWFMD permit). The Permits; Have' been converted to alt Operations Permit (attached hereto `'~.as.::''Exhibit "C-5") which permits the operation and ma$~n.t:~nance of the referenced systems. NLBP shall keep said Op~rat..~,on~ Permit in good standing and in full force and effect. Ni~~P,sh~,ll maintain, repair, replace or construct from time to time ~7.1~.,s~uck- facilities, at its sole expense, in order to assure same ;~~shall~; ~be continuously available for the use and benefit of ~•:, Lapdor3ner's Parcel to the full extent of the Minimum Capacity. ~NI,BP.,: hereby assigns to Landowner all rights under all of the Permits, including the operations Permit, for utilization of the Minimum Capacity with respect tc~ Landowner's Parcel and for the construction and occupancy of building improvements thereon. NLBP shall, at no cost of NLBP, provide further evidence of this assignment as may be required by any applicable governmental PINELLAS COUNTY FLA. OFF.REC.BK 8324 PG 837 authority or as reasonably requested by Larndowner from time to time. Landowner may make partial assignments of such rights. Section 1.4 Temporary Constructipn..,Ease~nent. In connection with any construction:work to be performed incident to the Development or incident ~~o,Landowner~s development of its adjoining parcel as described i.x:.:S.ection 1.6 below, and upon Landowner's other parcel, as descrik~~d• in-.;this Agreement on exhibit '!~, each owner hereby grants the> other ;temporary easements for incidental encroachments upon the granting party's Parcel which may occur as a result of constructiatt';.:''~so_ bong as such encroachments are kept within the reasonable.;'requiYements of construction work expeditiously pursued, so long cu~tgmary insurance is maintained protecting the granting party froni~"th'e risks involved and so long as such use does not substantiall}~-• slid unreasonably interfere with the granting party~s construction operations or the use or occupancy of the granting ,pa~ty,!'s, Parcel. Section 1.5 Restr~.ctions. The easements grantgc~~tlaX,~this Article 1 shall be subject to the covenants and restxia~ions set forth elsewhere in •this instrument. Section 1.6 %~ :•Ben'htit to .8 Acre Parcel All easement~~,•ru~nng to or in favor of Landowners Parcel granted in this~..Agseement shall also be for the benefit of the (approximate, ;~:d`,~cre). Parcel more• fully described per Exhibit "I" attached •herErta,'at:d~.,,made a part hereof. Said Parcel, however, shall not be`•encu~nbered.by any of the easements granted heroin or any other pr.ov~s3•cans in this instrument except for the portion .thereof wYYich'~s•.i'ocated within the access easement designated on Exhibit " ~!',~r~'or does NLBP make any representation that Landowner can secur~e-any ~•necessary governmental approvals for use of any such easements... -'•;thye by Landowner of the easements granted by this paragrapF~ are.: made available by NLBP to Landowner with the express underst~~nd-ing and agreement that they are granted without any duty or ohli.gatiofi by NLBP to alter or reconstruct (except maintenance) or fake,. addition to any utility or utility facility on account of said Parc¢1 shown on Exhibit "I" including, but•not limited to, s~ir.~ace~,,water runoff, drainage and storm surface water retention and 'clraxnage, said utilities and facilities being as shown in :'Txh~b,'~,~s "C-1" and "C-2". `, _' .. ~,~n addition to the foregoing, the owner of the NLBP Parcel grants to the Landowner for the benefit of said .8 acre Parcel described in Exhibit "I" !hereina=tai, the "Exhibit ~I~ Parcel") the following easements and rights running with the land: PINELLAS COUNTY FLA. OFF.REC.BIC 8324 PG 838 Notwithstanding the driveway easement;. granted in Section 1.1(e) above, the owner of the Exhibit "I'k;~Parcel shall have the right to locate a sign for the benefit of ~)1e,~Xhibit "I" Parcel on the grass strip abutting the east side . of t1i@ pavement located Exhil'i. '_ , ~ within the easement area shown on t~,!~~'!` and to use said easterly grass strip for the location o~'•a., rpta ping wall, parking, driveway, sidewalk or similar uses. ~_• '~•, Notwithstanding any prior. site pI'at~•~~r ghat certain Reciprocal Easement, Restrictions and Development;~..0~ration, option and First Right of Refusal Agreement recorded:. i~1 O;.R. Book 6393 Page 1036 of the Public Records of Pinellas Coun.~l!,•P~iorida (which is expressly superseded hereby) or any si~mi,lar~;; -agreement which may have heretofore existed, and• subject •''tG appropriate governmental approvals, the Owner of the Exhi°bi~•.!.~!' Parcel shall have the right to configure or reconfigure the`pa~king spaces and drives and tie into the existing paved driveway area located within the easement area set forth 'on Exhibit '~E" in...any way the Owner of the Exhibit "I" Parcel deems appropriat@,~'provided, however, the existing paved driveway within the easement azea set forth on Exhibit "E" shall not be' removed except ~fot•-•~~emporary construction purposes for construction of improvements %allowed by this Agreement. The landowner(s) , ~ from time, t-o'"title, of said Exhibit '+I" Parcel shall also have the right and•.ga~sements to tie into and use the water, drainage, sewer and.,-uti.,lzt.~` lines and facilities as have been or may be constructed;'~u,ppn•~;:~he N•LBP Parcel .or the driveway easement ~~•t~ibi.t "E", for t31e; b~n~fit of said Exhibit ''I" Parcel. Section 1.7'• ''•P,y.:~:an Sign Easement NLBP hereby`;~granks to Landowner an exclusive Qasement•for the benefit of •.~andowner's Parcel to construct and maintain at Landowner's,:'expen'se apylon structure and sign located as shown on Exhibit "J!' ~~~ached hereto and made a part hereof (or such other location ar rocattons adjacent to Belleair Road as may be required by the Ci~~r;'of `Clearwater or Landowner's Agreement with the City of Clearwater) `•~~ti. ;order to provide signage of at least the minimum square;"footage provided for and in accordance with specifications approy~d ~'`by..•~ Landowner' s annexation agreement with attached site plan ar~:.•Landowner's other agreements with the City of Clearwater. NLBP,•,has~~.provided and shall continue to provide at its sole cost and`expense electric service to the sign for illumination thereof aa~•slidSl'maintain such electric service at its expense. Landowner may'•~gake'`changes to or replace such pylon structure and/or sign, so -~~on~ 'as" Landowner obtains all necessary governmental approvals therefor. Landowner shall have reasonable access to NLBP's Parcel 'fpr'`t~ie purpose of erecting, illuminating, maintaining, repairing and'/or replacing the pylon structure or its pylon sign. If the presence of the existing pylon structure or pylon sign ;±rer•.iudes or reasonably threatens to preclude Landowner from being able to obtain all approvals necessary for Landowner to erect any and all signage allowed by Landowner's development agreements with the City PINELLAS COUNTY FLA. OFF.REC.BK 8329 PG 639 of Clearwater, then NLBP agrees to remove Ys existing pylon sign located along Belleair Road upon 30 days ';written notice from Landowner. •• Section 1.6 Term of Easements.:'" . All easements granted herein sha4].••fun with the land and are perpetual, except that all constructi.,on•:.,eas~ments are temporary for the reasonable period of constructk+on,, •`~, ., ARTICLE 2~•..-. MAINTENANCE,,` $NU,:~~ERATION 5 Except as expressly provided el`se`where in this Agreement, NLBP shall maintain, repair or replace'tliE< buildings and other areas on its Parcel so as to keep such in a safe, sightly, good and functional condition to :standards of a first class community shopping canter in Pinellas,Caunty and fn addition thereto, NLBP shall be required to, ••~ so ~,.ma3ntain, repair or replace all ingress/egress easements •appu~;'kenant•to both Parcels. All paved areas shall be maintainati. end-•shall meet at equal grades with paved • areas of adjacent Parcells,. i;. Eaoh Owner shall be responsible for keeping its Parcel re~r~oirably free of refuse and reasonably free of standing water so.-`~Che~r';~respective Parcels will be properly drained. Each Pa~cel;sha~ll beyadequately lighted. Each Parcel shall be kept in a `neat aid good condition by the Owner or occupant of the Parcel. ~xp~pt as provided in Section 1, each Owner shall further repave,;.,~e•~strlpe and replace markings on the surface of the parking area~,;:ancT'•;driveways• on ita Parcel from time to time as and when necessary 'so as to provide for the orderly parking of automobiles,,•:•..and shall place and maintain adequate exit and entrance and ;otiher•::traffic control signs to direct traffic in and out of said,:` paY.king areas. Notwithstanding the foregoing, Landowner'~hall not be required to keep the Landowner's Parcel landscap.ed•••oz;,fi'~e of standing water until such time as development is comb3eted''.rsn~ the Landowner's Parcel. ~ot:wtfi~tanding anything contained herein to the contrary, if LandoWnex•~s •Parcel is developed in phases, then as development of each~~~phas~..•is completed the Owner of such parcel shall be required to,:keap....s...ad parcel landscaped,-free of standing water, with the im~rupem¢nts constructed thereon maintained in a condition to a stand~rcti~of comparable property in Pinellas County. Completion of ,:c1~VQlopment for purposes hereof shall be deemed to have occurred `-.upon` the issuance of a final certificate of occupancy for the pa~cei upon which improvement was constructed. The obligations imposed by-this Article 2 shall obligate the Owner, from time to time, of any part of Landowner's Parcel only with resrQct .:c the Parcel (or portion thereof) owned by such owner. PINELLAS COUIV pGFLA. OFF. REC. BIC 8324 890 ARTICLE 3 PREMISES USAGE, 'COVENANTS AND:RESTRICTIONS _. '~~ Section 3.1 Premises Usage. (a) The exercise of the rights ~n~` basements granted above: shall be accomplished in such a manner.: •5o`'~s not to unreasonably interfere with: (i) the construct:lon aiid•;risa of any existing or planned future improvements and bu~lxlhgs on said Parcels; (ii) the operation of any business therdDtr~.._,c~ (iii) the utilization by the other party of existing eas~ment,•'areas and/or facilities. Each owner shall indemnify and hold~~~ti~ easement granting Owner and any occupant of the easement granCing Owners Parcel harmless from and against any claims (including"'c.~aims of mechanic's liens), damage or loss which may resul't••from the activities of such installation, operation, maintenance, repair, replacement, removal or relocation of any such,•'utilities, lines or services or other facility of any nature or•,tciitd` located on the easement granting Owner's Parcel. i (b) Except as othC~riuis.e,"provided herein, each Owner shall cause the open space aiid bui~.dings and improvements located on its Parcel to comply wiCh; •'a.11,'applicable requirements of law and governmental regulatio~'t,,. applicable thereto, provided, however, that an Owner may ~coritd~t. any such law or regulation so long as such contest wou18 Rot':, Create any material danger of a loss oP title to, or impai•~menti`z`n any way of the use of all or any portion of the open space, fiar•~their intended purposes. (c) Pro~id~cf° that NL6P shall not be in violation of any other material provisions of this Agreement at such time, NLBP shall be permitted to rerwvate, change, add to or subtract from the existing building on t's.~PaXcel (including any proposed Winn-Dixie addition thereto) and p~'ovided further that any change in the footprint of the building••,, oik. the NLBP Parcel as it now or hereafter exists cannot $x~n$.~~f~urther west than the west front of the Winn-Dixie store as ~it;;presently exists. At no time shall NLBP construct on its P~rgel:•-buildings containing more than 92,938 square feet of ground Boor-''area nor may there be constructed any building of more tha~r•-one ••(i) story (with mezzanine permitted on the Winn-Dixie parCel..~._,on~y), nor may there be constructed any building or irRproYem~nt which would result in or be in violation of this Acjree~ent. "Material provisions" shall include, but withoirt ,:1i,mitinc~ the generality of said term, all provisions relating to `~requ;ired parking ratios, storm water drainage & detention systems and...:,-facilities, utilities, building lines, signage and ingress/egress easements. 10 PINELLAS COUNTY FLA, OFF,REC,BK 8329 PG 891 Section 3.2 Restrictions on Open Space. The Development shall be subject to the following restrictions which shall be binding on each owner apd..,.~ac'H, of its tenants, occupants, employees, agents and invitee9:••., , (a) No obstruction to the•free flow'o~ traffic and use of the parking and delivery facilities on th.e ~,eais.ament areas set forth herein shall be permitted, except as;:~iereft-..eicpressly provided for. (b) No building or other stru'~t[~r~ shall be permitted on the NLBP Parcel if such building or :...®tti~e~ s_ ~ucture would reduce the parking' ratio of that Parcel tei •fewar~ than: (1) 3.95 parking spaces for every 1,000 square ~edtof floor space (excluding mezzanine level space and ground'°xlbc~r~ space which is used only for storage and non-sales uses} locathd therein, or (2) such greater number of spaces required under applicable governmental rules, regulations, ordinances an1l~`devalapment agreements. (c) Any construction; `sl~all'• be conducted in a manner which will limit to the maximu;n axt~ei~t' practicable any. interference with the operation of the bsl8,rca;.Q.~ the Aevelopment. (d) No portion cif, t'he.,KL,BP Parcel north of the existing north boundary of commercia•`1.~'xprii3'ig, or within forty (40) feet south of said line per the as; lhui'~'t~ survey attached as 1sxhibit "C" hereto, may be leased, used ororicupied by: (1) a building in excess of one story exclud2n~},,,mez~anine storage space; (2) as a theater; (3) movie theater; ~~°~~'9:)•`' bowling alley; (5) billiard parlor; (6) funeral parlor.;; 7)•~`•.flea market; (8) industrial manufacturing ' .,t. '~ (10 discothe ue (11) facility; (9:) !::automobile dealership; ) q ; skating rink,f~•. (12) bar; (13} restaurant; (14) establishment selling, exh;la~ti:r~g or distributing pornographic or obscene materials;,: ,(:•].5)'~.::'massage parlor; (16) a Facility which calls drug parap~aer;alia or so-called "head shop"; (17) amusement arcade or~game'zoom; (is) body and fender shop; (19) car wash; (20} off-~ra.Ck~betting parlor; and (21} bingo parlor. ,(•e~),_~~~"No,:~portion of the NLBP Parcel may by leased, used or occupied.~by...::any federally or state chartered financial institution or other business which directly or indirectly offers or provides firiana~al, ,•services which are available at any federal or state chhrt`er~.a financial institution being operated from time to time on the ~I,andowne'r's Parcel. No portion of the NLBP Parcel shall be ,;'l$asecl, ~~ or used or occupied by any of the following businesses: `~,..(i}.,,;`a3building in excess of one story, excluding mezzanine storage space; (2) as a theater; (3) movie theater; (4) bowling allay; (5} billiard parlor; (6) funeral parlor; (7) flea :rar::~t; (8} industrial manufacturing facility; (9) automobile dealership; (l0) discotheque; (li} skating rink; (12) establishment selling, exhibiting or distributing pornographic or obscene materials; (13) massage parlor; (lA) a facility which li PINELLAS COUNTY FLA. OFF.REC.BK 8329 PG 842 sells drug paraphernalia or so-called "head shop"; (15) amusement arcade or game room; (16) body and fender:,st~op; (17) car wash; (18) off-track betting parlor; and (19),:•bingo parlor. ,r (f ) Each Owner shall pay, prior ,•tio~•;anjr'••.tax deed attaching thereto, all real estate taxes, assessments and personal property taxes, if any, imposed upon the .land artd improvements and equipment located on its respective Parcel except•.as responsibility for payment of property taxes has bee~• s~ecif:ically placed upon the owner of the NLBP Parcel in this Agxe~me~nt; provided, however, that an Owner may in good faith contest-;silch' fax or assessment so long as such contest would not create~~ny~,m~t:erial danger of a loss of title to,or impairment in any w~y.~~o~.°~lie use of all or any portion oP the Development by the other',~wn~r;for their intended purpose. The Owner of the NLBP Parcel shall pay, prior to delinquency or any penalty attaching thereto, such;"ptoperty taxes as are levied against the property more fully described in Exhibits "F'-, '!~ and "fit" attached hereto as we•Il. as•; those portions of Ex~iibit "D" attached hereto marked witih~,diagonal lines or with dots. (g) Each Owner shah, came the open space and all buildings and improvements locati~ed"~. an' its Parcel to comply with all applicable requirements ~:.,o$. law and governmental regulation applicable thereto, ~S~ovided, however, that an Owner may contest • any such law or regulation ~o long as such contest would not create any material danger of,a`.:~bss of title to, or impairment in any way of the use of alb. nr~`:any portion of the open space for their intended purposes~:,•:.•, ~~~` (h) With;'~~espect to the NLBP Parcel,. there shall be no promotion, ent`ex~~a~ii4ment, amusement or other activities in the main • parking lot,;.:~.inal'`uding the sidewalks immediately adjacent to the premises o.ceup~_~ed•:: by such merchants,. which would interfere unreasonab~y.:~w•ith` the use of the Common Areas and related facilities'=.fort•their intended purposes. '' ~'~•:' ARTICLE 4 ~e•~tiori ;4.1 Liability and Indemnification :~•~-\Eacti'•Owner shall indemnify and hold every other. Owner, tenant, ancl..occuparit of the Development harmless (except for loss or damage resul.~i:•n~ from the tortious acts of such other parties) from and agai~~st;..any• damages, liability, actions, claims, and expenses ;~"(~j;ncluding attorneys' fees in a reasonable amount) in connection ••,with~the loss of life, personal injury and/ar damage to property ara._s~.iig from or out of any occurrence in or upon such indemnitor owner's Parcel or ingress/egress easements appurtenant thereto occasioned wholly or in past by any act or omission of said Owner, its tenants, agents, contractors, employees or licensees. 12 PINELLAS COUNTY FLA, OFF.REC.BK 8324 PG 843 Section 4.2 Liability Insurance. Each owner shall maintain or cause;•~•to be maintained public liability insurance insuring against claims:.:.Qn`~account of loss of life, bodily injury or property damagq~'~hat ifia'y arise from or be occasioned by the condition, use or occupancy of the open space in the Development by the Owner and its ~nAnts, agents, contractors, employees, licensees, customers an~...S~nvitees, of such Owner. ar other occupants of its Parcels ex~e~t s:~...;t~erein provided. NLSP shall also maintain the insurance requ~re'd by this paragraph on the premises described in Exhibits "E"~K. '?~!' and '!~!' attached hereto as wel l as that portion of LandowpsY._!s.,. Parcel marked with diagonal lines as show~i on Exhibit "0":~attaatied hereto. Said insurance shall be carried with a reputaibI~e 'insurance company or companies qualified to do business in the`:$ta`te'~of Florida and having limits for loss of life or bodily injur}~~ iri the amounts of not: less than $3,000,000 single limit coverage for each occurrence and $1, 000, 000.00 property c}aindge,:'for each occurrence. Each Owner shall be named as anadditional insured on each policy. Notwithstanding the foregping, ;Any Owner or party responsible to maintain such insuranCe.:,m~[y~:~~"self insure", or provide for a deductible from said co3ez'a~ge,;related to the Parcel, to the extent of .O1$ of the net warth`•pf;said Owner or party in its last fiscal year as certified by 8n independent certified public accountant and computed in accordance~:~with generally accepted accounting principles consistently':~;,'=applied. Such insurance may be carried under a "b.lanket"~.pi~l•~y or policies covering other properties of the party and;`~•~,i~s•" subsidiaries, controlling or affiliated corporations. ,:•~ach~Owner shall, upon written request from the other owner, f~u~tiish`'••to the party making such request certificates of insurance ,~v~.tl~no#:ng the existence of the insurance required to be carried pursuant to this Section or evidence of a self-insurance capacity as her~el~gabove provided, as the case may be. All such insurance; •sl}a~ll •~iriclude provisions, if available, denying to the insurer subrocjation rights against the other party or parties as applicable.';.. each owner hereby waives any rights of recovery against'ayay a~h~r owner, its directors,•officers, employees, agents and tenants and occupants for any damage or consequential loss cover~cl;•_by•~a~id policies, against which such Owner is protected by insu~at'rce,.:.:•~o the extent of the proceeds payable under such pol.ic:es '.,whether or not such damage or loss shall have been caused by:. ar~y.,.•.acts or omissions of the other Owner or its directors, offi~ets, employees, agents, tenants or occupants. ~; `~ection 4.3 Proof of Taxes and Insurance. ''~• ,: ,:Both NLBP and Landowner shall .provide, upon request, at reasonable intervals, written evidence to the other party of payment of property taxes a~~!i ] ~~sarance as required under the terms of this Agreement. 13 PINELLAS COUNTY FLA. ARTICLE 5 :OFF.REC.B[( 8324 PG 899 CASUALTY AND EMINENT I70NFAIN,, Section 5,1 Casualty. . {a) If any of the buildings locatecl'oh the NLBP Parcel should be damaged or destroyed by fire or gthgr,cause, the owner of such building shall. promptly cause L-he re~a~.,r;~;r~storation or rebuilding of the building so damaged or destroyed or the razing of any damaged building, the filling of any excavation, and performance oP any other work necessary to put Sucl~.poXiion of .the Development in a clean, sightly and safe condition;.°'-. . z ~'; (b) If any building on ~the~""Landowners Parcel should be damaged or destroyed by fire or'other cause, the Owner of such building shall promptly cause the repair, restoration, or rebuilding of the building,""s'a;daniaged or destroyed or the razing of any damaged building, the~~:filling of any excavation, and performance of any other~•wor}c.:necessary to put such portion of the Development in a clean,<;;sig~i'tly` and safe condition. 5 "~ Section 5.2 Casualty `Insurance. In order to assure~'per~ormance of their respective obligations under Sections 5.1~,; •tha,~Owners of the respective Parcels shall cause to be carried'~,.,fiyr~ and extended coverage insurance on all buildings and i.,riip~ovdlsents on their respective Parcels in the amount of the rep~acs~msrit cost of such improvements, and in amounts at least suffi.di.;ent''~,to avoid the effect of any co-insurance provisions o~'s~~h~p.olicies. Any such insurance shall otherwise conform fio the provisions with respect to insurance contained in 4.2, includi.rc~;;:, bit not limited to the waiver of subrogation provisions to='the-..:extent reasonably available. Sec.fiiDi~,~.5:3. Eminent Domain. ...~ Its the",.event the whole or any part of the Development shall be taker~•~by right of eminent domain or any similar authority of law (a "Taki.ngHj,:.:.:"the entire award for the value of theland and improuements so taken shall belong to the Owner of the property so taken.p.x.,to such Owners mortgagees or tenants, as their interests may;; appear, and no other Owner shall have a right . to claim any ~~artian,"'of such award by virtue of any interest created by this 'Agreement. Any Owner of a Parcel which is not the subject of a `~.Taking' may, however, file a collateral claim with the condemning authority over and above the value of the land being so taken to the extent of any damage suffered by such Omer resulting from the severance of the land or improvements so taken if such claim shall not operate to reduce the award allocable to the Parcel taken. In the event of a partial Taking, the owner of the Parcel so taken shall restore the improvements located on the open space of said 14 PINELLA5 COUNTY FLA. OFF.REC.BK 8324 PG 845 Owners Parcel as nearly as possible to th@ condition existing prior to the Taking without contribution frpm`;any other Owner and any portion of any condemnation award neces.~ariy therefor shall be held in trust and applied for such purpv~e,. arid4further provided that all awards applicable to the relocation o'€,,kitilities shall be first applied to the cost thereof. ~: '. ARTICLE G ~~• REM~DIES.;° `~.. , :, Section 6.1 Self Help; L~.en`Righ~'s Disputes. .,, -, (a) If any Owner shall de~au~t in the performance of an obligation of such Owner (su~h•`••ow~'ar being herein called a "Defaulting Owner") , which defaalt,:.aiffects the owner of another Parcel ar any occupant thereof (an "Affected Party"), such Affected Party, in addition to all other;remedies it may have at law or in equity, after ten (10) days~!;pr~;tir:~written notice to the Defaulting Owner and any first mortgagee, ttre name and address of which first mortgagee has previous•1yr''been provided, in writing, by the Defaulting Owner to the'; A'~:fected Party, (or in the event. of an emergency after such.•.``.no~ce as is practical under the circumstances) , shall`•.have'stlie right to perform such obligation on behalf of the Defaultrrq• 0~'ier, subject to the dispute provisions of Section 6.5. In;~sta~h~~Cr=nt, the Defaulting Owner shall promptly reimburse the Aff~a~eei•iParty the cost thereof, together with interest thereon,~frpm~~the date of outlay at the rate equal to the lesser of: (i).;'.. twib~.>p~ercent in excess of the base lending rate announced by Cl~ bank, N.A., as its base rate; or. (ii) the highest rate ~iernii'tt~d by applicable law (the "Interest Rate"). (b) At~y;>~ucFi :claim for reimbursement, together with interest thereon as,:a~"q~esad, shall be secured by a lien on the Parcel and improvements thereon owned by the Defaulting Owner., which lien shall be.:®ffgctve upon the recording of a notice thereof in the Office vf..~thA:~C~erk of the Circuit Court of Pinellas County. The lien shall `be',subordinate to any instit~rtional first mortgages or deeds,.g~ tryst now or hereafter affecting the subject Parcel and any pvrn2raser at any foreclosure or trustee's sale under any such mortg~ge~~~hall take title subject only to liens thereafter accruing pursuant do this Section 6.1. Provided, however, any such it~s~~tuti~onal first mortgage or deed of trust shall not encumber any property other than a Parcel, shall not secure any promissory :~11ot@., ~`;eSccept a note made to finance or refinance acquisition or `5,.imp~+~vement of said Parcel or allow the owner of a Parcel to take ~equi~y out of said Parcel, and shall not contain a cross-default proVzsion with any other promissory note, mortgage ar deed of trust. As used herein, "institutional first mortgage" or "deed c~.C trust" shall mean a mortgage or deed of trust which is a first lien on the property encumbered and is held by a state or federally chartered bank, savings and loan, or insurance company. 15 PINELLAS COUNTY FLA. OFfi,REC,BK 6324 PG 89fi Section 6.2 Injunctive and Other In the event of a breach by any Owner•6f any obligation of. this Agreement, the other Owner(s) shall:.be_:e.n£~itled to obtain an injunction specifically enforcing thh•••; pelr•.formance of such obligation. The Owners hereby acknowledge the inadequacy of•legal remedies and the irreparable harm whicki, wbu3d be caused by any such breach, and/or to relief by other avai~],afil,.e legal and equitable remedies from the consequences of such.breaGh. Any action taken or document executed in violation of thi;:s~``F~q~eement shall be void and may be set aside upon the petit3~on>.._,.otr~ the other Owner(s) of portions of the Development. Any'~cost~.-`and expenses, of any such proceeding, including attorneys!,- fees`'•in a reasonable amount, shall be paid by the Defaulting owner,.and; if recorded without effective dispute as provided in Section 6 ,`''shall constitute a lien against the land, and improvements thereori;••or the interests therein, until paid. Section G.3 Non Waiyer.;~, No delay or omission 5 accruing upon any defau~.t right or be construed,:to. at may be exercised at'••.,an~.. default. A waiver by`:;a~y any of the terms nd•- C owner shall not b~ ~o~ist~ Agreement. Excep~<, as' ,dt Agreement : ( i ):. ~. na~.,'rettied~ exclusive but :each skull provided in th~ia',:`Ag Bement equity shall,.,be 'available. f"axe-'Owner in the exercise of any right °;of,, any other Owner shall impair such waiver thereof, and every such right ,.:time during the continuance of such Owner of a breach.of, or a default in, 3.t ions of this Agreement by any other ~ued to be a waiver of any subsequent herwise specifically provid©d in this ~ provided in this Agreement shall be be cumulative with all other remedies and (ii) all remedies at law or in ~'.t~•,. Section ,6`• ~ • .,Non-Terminable Agreement No breach 'a.f the provisions of this Agreement shall entitle any Owner,.~r'~i~~ty to cancel, rescind or otherwise terminate this Agreeme~ty bud this shall not affect, in any manner, any other rights~.d~ 'remedies which any party may have hereunder by reason of any b~each,.p<f the provisions of this Agreement. No breach of the proyis.s;~ns~.,.of this Agreement shall defeat or render invalid the lien o~.,,any' mortgage made in good faith for value covering any part of ~:~he ~D.evelopment, and any improvements thereon. ~;. S'ection 6.5 Dispute ,Zn the event of any dispute as to the necessity of any required action or the propriety of any action taken with respect thereto ur t:tc appropriate cost or expense of such action which fs the subject of reimbursement, if any, or any other claims or dispute under this Agreement ("Dispute"), the disputing party ("Disputing Party") shall notify the other party in writing as to I6 PINELGAS COUNTY FLA. OFF.REC.$K 8324 PG 847 the nature of any such Dispute within ten (1t~) days of the receipt of any notice of default, claim or lien send ~-y any Affected Party or owner or occupant of either Parce:l:::. ~' portion thereof. Notwithstanding the foregoing, if an emgxgend~texists or if the failure to take any action might subject 8..,;'party to fine or prosecution for a crime or constitute aE~'def~ult under any mortgage or deed of trust, .the party whose Parcel'••~s~so affected shall have the right, prior to adjudication of ~~~e, Dispute as aforesaid, to take reasonable steps so as to protect i~ts..~iosition, the propriety of which as well as the reimbursemeiit~ of Elie resulting costs shall be adjudicated as aforesaid to bd. 3>n_,;~d~fault or error in such Dispute. ~~: Section 6.6 Attorney's Fees ~,, ~~; In connection with any litigat~ibn•or controversy arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorne)r'~~6 fe.e.s and costs. ~~ARTICLE 7 r •`•, '° TERM This Agreement `•-.and:";ttie easements, restrictions, rights, obligations and liabill~i~~~created hereby shall be perpetual to the extent permitted; Yiy;~•kaW. ...- ARTICLE 8 SUDORDINATTON Any moxttjagge'•,or deed of trust affecting any portion of the Development sh`a:l'i..•,at all times be subject and subordinate to the terms of t~is~~}lgreement, except to the extent expressly otherwise provided h~reirCti,. Any party foreclosing any such mortgage or deed of trust s2iaxl;' acquire title subject to all of the terms and provisiQn,~ ~`pf~°;.this Agreement, subject to Section 6.1 (b) hereof. Each ~~.~tjr.~.Me~teto represents and warrants to the other that there is nc~. p;~serrtly existing mortgage or deed of trust lien to its Par~u.~;.;., other than mortgages or deed of trust liens that are expressly .subordinate to the lien of this Agreement. :.,' ';~ <:, ,. 17 PINELLAS COUNTY FLA. , OFF.REC.BK 834 PG 898 ARTICLE 9 EFFECT OF INSTRUMENT . .. •~y section 9.1 Bindfng Effect Every agreement, covenant,promi~e., ~yndertaking, condition, easement, right, privilege, option a~ict'"Y~gs~tr~iction made, granted or assumed, as the case may be, by ei~he'r. party to this Agreement is made by such party not only persona~_~.ly ~~~ the benefit of the other party hereto but also .as Owner of.•,a:;portion of the Development and shall constitute an equitables~rvi<tU~de on the portion of the Development oc•~ned by such party; a~p~}rtenant to and for the benefit of the other portions of the Development, such Agreement to run with the land. Any transferee of°-any'part of the Development shall automatically be deemed, by acceptance of the title to any portion of the Development, to have assumed all obligations of this Agreement relating thereto,, to. _:the extent of its interest in its Parcel and to have agreed 'with; `the then Owner or Owners of all other portions of the~`BegB.~ropment to execute any and all instruments and to do any.,anc~~ all things reasonably required to carry out the intention of t~fiis Agreement and the transferor shall upon completion of.,,su,ctl, transfer be relieved oP all further liability under th~.•s..,Agre~~hent except liability with respect to matters that have; aris:e~,,,:'ciurinq its period of ownership of the Development so convigyes~ ghat remain unsatisfied. Section 9.2; `Ion:-medication Nothing cort:aine~cl in this Agreement shall be deemed to be a gift or dedio~ti'on of any portion of the Development to the general public or for'; ~mny.,~ublic use or purpose whatsoever. Secti'on'"`9:-:3 ~~Responsibility Notaitti•~t.~nding anything to the contrary contained in this instrument;.., each party to this Agreement shall be liable and respor~~°iti'1~;~ ;for the obligations, covenants, ayreements and resp¢ns~~bilities created by this Agreement and for any judgment rendergd'~~tiereon only to the extent of its respective interest in the land a,hd improvements on the Defaulting Owners Parcel. ~'`•.~'S.ection' 9.4 Estoppel Certificates ~';. Upon the written request of the Owner of either of the .`•1?arce~is, the then Owner of the other Parcel, or any portion thereof, shall execute and deliver, promptly after receipt of such request, a certificate certifying that t:err arm no known defaults on the part of the requesting party,or, if there are such defaults, specifying the particulars of such defaults and the action required to remedy them, and certifying that there are no setoffs or 18 PINELLAS COUNTY FLA. OFF.REC.BK 8329 PG 849 defenses to the enforcement of the terms of ,phis Agreement, or if there are, specifying the particulars of su~h`~,setoffs or defenses. Section 9.5 Uses of Landowners Parcel' •' Nothing contained in the Agreement cs'r apy ocher document shall be construed to limit the right of .~~~ L'a~ndowner to develop and construct such improvements and bui'l.di.ngs for such uses and purposes as may be allowable from ti~ge`~~ti~.~.tx~ne by applicable laws, rules and ordinances and settlement`©r:..s~'pulation agreements as they may be applied now or hereafter `amended. Section 9,G Future Plattinq~ - :. NLBP also agrees to cooperat.~,` end assist in platting its Parcel in conjunction with the platting of the Landowners .Parcel, including execution of all required documents and platting instruments, so long as such..,platting would not impair the use or further development of the:. NT:BP:~~ Parcel in accordance with the as built p~.an (~xiiibit ,°C") .anc~•. ttr~is' Agreement, provided the expense of platting shall be borne°•by~••laa~indowner. ~~:~, .. 'ARg'ICLE 10 • NOTICES Any notice, r~pprc:o~ demand required, permitted or desired to be given under this 'agreement shall be in writing and shall be deemed to have b~en`'~~su£,~'iciently given or served for all purposes if it is mailed`-.bY ~~r.~gistered or certified mail, return receipt requested, or~~ •,$u~rattteed overnight delivery service as the respective parti:es~~may From Limo to time designate by like natice, on the third~;'I~~sii~ess day following the date of such mailing: If to.~'~andQwner: Mr :~~ Ectxnut~d~ S . Whitson, Jr . 309 ~otitt~ Garden Avenue Q~Te~~rwa~~er, FL 34616 ~. ... '~~'I~f''~ to~'~:~NLBP: .'~...14r~.~`~.•Stephen L. Jaeb ,7`~7G~` Land Co . ~'~~P.sO. Box 428 ~''~``Mango, FL 33550 19 PINEGLAS COUNTY FLA. OFF.REC.SK 8324 PG 850 ARTICLE 11 MISCELLANEOUS :' .. ''> (a) If any provision of this Agr~eme~t,•'or portion thereof, or the application thereof to any perscn~;.or:` circumstances shall to any extent be held invalid, inoperative:: or unenforceable, the remainder of the Agreement, or the appi~•~atiion of such provisions or portion thereof to any other porsotts:,or.circumstances, shall not be affected thereby. It shall not des".dAemed that any such invalid provision affects the conEidoratipii., f'o~;•this Agreement, and each provision of this Agreement shall be~ua~id and enforceable to the fullest extent permitted by lath;. ;' ~'; .} (b) This Agreement shall be,con5trued in accordance with the laws of the State of Florida.. (c) The Article ~he'8dirigs in this Agreement are for convenience only, shall •:iri°~.nd~ way define or limit the scope or .content of this Agreemerit•~.., a.~cl'" shall not be considered in any construction or interp~et~atiai~ of this Agreement or any part hereof. ~; (d) Nothing in„~he~•~A reement shall be construed to make the parties hereto par~nerh,:br,~oint venturers or render either of said parties liable fob the:;"cl~ebts or obligations of the other. (e) This Agr`s'~ment'may be amended, modified or terminated any time by a decla~ation,•in writing, executed and acknowledged by all the parties to'thiS•:.Agreement or their successors or assigns. This Agreement shall. not~~be otherwise amended, modified or terminated during the:~teXm'•hereof. Except in the case of such a formal written arid';"''•sigred agreement, no party shall be entitled justifiabl:y'~tci rely upon any acts, omissions, words, writings, conduct,,:o~...fQzbearance of the other party as creating any waiver or estoppel..against the strict enforcement of any and all provisions':.. of" this Agreement or as creating any enforceable obligation"whatsoever upon anyone. No party shall be entitled to asse~t;:`~.,as ,:~`a defense in any action brought to enforce this Agreemeri~.;'any waiver, estoppel or other equitable defense unless th~~saihe shall be fully expressed in a written instrument signed by all .parties. ..~ .,, . ~~~ •`~(f~"~ Time shall be of the essence as to all covenants, terms =" ~and`=conditions in this Agreement. •'"(g) The rights of the parties under the foregoing shall be cumulative and the failure on the part of a party to exercise, properly any rights given hereunder shall not operate to waive or to forfeit any of the said rights. 20 pINELLAS COUNTY FLA. OFF . REC.BIt 8329 PG 851 IN WITNESS WHEREOF, the pal:ties hereto have caused this Agreement to be executed as of the day ,a`ttd year first above written n ... .. w,T.eaf`~~litl~G Print Name i)~~~ 1~-t,•, ti/l~ .S i i ~ tf~,~. /~ . G~ Print Name ~;tl„<I A, d~ k~~ LAKE/BELLE PLAZA JOINT Print Print Name M: '~~•'~'. ' EPHEN L. JA ,President of ~~-~~ ..,. ~ ~ ~~.. FI Land Co. , General Partner . ~... "NLBP" STATE OF FLQF~YD .~' ' ~•= ~ `' '~. COUNTY OF ~i//Shdl~r~~-~~_ ~he foreg :.rtg~:>.. it~s~rument was acknowledged before me this ~~ day of ~• n~~~"`~`• , 199 by EDMUND S. WHIT50N, JR. He is personally:' , ta~wn ~~:: to me or has produced as identiFicatio~n ~`at~c~' did not take an act .. ~ . .,, .• • ~~~~~~~ ~. `OF~ICIAt SEAL NOTARY PUt3LTC r.., ~ ~'~`~ ~'~',;'~~. Print Name: •.. EIC~EN T. HUNT ~, ~~ ••~•1+A~:•~om~nlsslon Expires GOmfilSSlOn NO. ~ .~•.. '~:.ri~. ze. 199a My Commission Expires ~ C~/ ~•.~??p ~~~~ ~~orrim. No. CC 067031 ...... ~'e ~~ 21 plt~ELLAS GQUNTY FLA. OFF.REC.$K 8324 PG 852 STATE QF FLOR D ~'~. COUNTY OF , ~~J~fj_ . ~he Porego instrument was acknowledge- before me thj.s day of.J~~(Q - - , 199.3 ,~~by~~:i STEPHEN L. ~AEB, as es dent of JFT Land Co., the General Pa~ti~er of North Lake/Belle Plaza Joirlt Venture, a Florida joint V,en`tttre. He is personally known to me or has produced ' ~~~.as identification and did not take an oath. .. ...... ~t~P~n~ ;';~cs-R"'~++it,•.~ OFfIC{AL SEAL ~~,..,~~0'#,'AR3[ PUBLIC .,~, ~j" ~ 1 EIl,EGN T, HUNT ."Px"1';1t Name: ~ ~ ~ ~//[J1 My Commission Expires ~~. C~m111iSS1.O11 No. U '~ ~ ~ ~"r ~. Nov. 28, 1994 M~ ~Comm].SSiOn EX 1re8 i ~,~ Y p ~'~;?a~n¢.+' Comm. No. CC 067031 •...... ,~ ., ~{1~.{~.1L~IfV Ji"iJS {~/~u~~7~ ~ba ~~.ti}7 ~•.. X11 t;tif~t-- n +:%~i~,~ 4~ fAt~f' ~;r)I.L~C7-DR~19 3 $Qa 70 T07AL: ~~09a ~~ i;I;~I;,i ~1P1Ta TENOEftEO, ~~p9. c0 22 ~H~~~~~ ~+fl.Ofl PINELLAS COUNTY FLA. OFF. REC.BK 8324 PG 653 ® ..... .•.__ . ~.. r Engineers= 31Jrvey©rs ~. ' . Netlonel Snelely ro+ •' lXllliiiT.; A"~, of ... .... _ Plolepdonpl F.nplnee~a ..-. LANUOIJNE_It' S PARCEL .. UESCR11~11ON: ~~ F10dUp Enplnae°np A~p~irce l~ii f'~•land in the S.W':-. ;~'•u,P,,'Sckctiun,?3, Township 29 South, sadery Mange 15 fast, lyinellas Couri~~y.t__•.I;,}•ol-ida, being more particularly described as follows: Cuuauence at the northeast corner of the S.E..4 of the S.W.a of said ~er.tion.23, and qu IJ.II9°-01'-57"W., 800.38 feet, Flalp. wplel alon the Irorlh buunc}:il~ Ponunon Cnnup, 9 j~-,~f;~thP S.E. ~ of Lhe S.W.:1 of said Section 23, p1eC,p„°„ also being the cen lerl'i~ne ~bf ;JVurscry Road, to the Point of Qeginn ing; thence 5.00°-21'-~Q"E-:~,•3GU;4h feel; thence S.F39°-40'-43"W., 263.09 feet; lllenrg Sn,00a=a`9'-17"E., 211.81 feel; tlicnce 5.89°-40'-43"W. Ametlenn SOeUly 245.00 feel lu ri,.pos-~nl^~ un'~lhe Past right-of-way 1 ine of Highland Grll Enptmeu Avenue; thence .N .OU°=,1 LT':-I1"IJ„ 5II2. 79 feet along said east nigh L-of- way I ine Lo a.pc~ti:(iL~•'oi~.~l.he north boundary of the S.E. of the S.W..( of said Seclaun;23.:,al'so being the centerline of Nursery Road; thence rlamaoclely 5.89°-07'-5J"I`.; ~iar:~35 feet along said north boundary (the centerline °' of Nursery ~uad),y~.o;`lhe I'uinl of Beginning. Containing 5.456 acres, Piolnflonal Cpnp sa°ey°,. more or }ess;:~.,, Tpmpp Ilay :wclnly 01 Prolofuonal Laml Swreyae "~~ Ame°cpn Canpipaa ~ ~ . of Suneylnp ., enA 'c. Mprr~°0 .., .•Z:d~iC• L L E PL A7.A `~' EXII1 B I T "A" . •'~:.;;;:,. '• ; [~ANUOWNER' S PAI(CEl ,~.B.S. J.N. 18877 ~ ~ f1EV15ED JUNE 30,1DD7 ~' .. '~°1~3 ~~ ~~''~ R~ Country Villa Plaza • 2D22D U.S. I Iwy. 19 N., Cbarwllor, FIB. 34f21 J.~ Pin°Ilas: Phone: (013) 7114.3D65 ~ Pasco: PrTOno: (013) 042•'!075 (VI Tolnlnz (013) 7n4.Ot53 a PINELLAS COUNTY FLA. OFF. REC.BK 8324 PG 854 Nalronal 8oclely or Iholntlpnal Enplnees flalda linplnoollnp Society Troddn WUet Popudnn Conlml Auoclallon Amakan r«IeIY nt CLII Lnplnnnf flolNla :wUalY nr Ploletalonel land fiuneyo~a Tempt aoy Saclalr nl Pialattlonol Land Surroyo~e Ameilcan Conpieaa of fiwveYlnp and Mapplnp .. Englnee~s'~ ~Surveytrs N.l .f3.P. PARCEL - `,-;;-. 11 parcel of land in the S.l~'~,,''uf' SecCiun 23, Township 29 South, Range 15 East, Pinellas Coun'ty.,,:..6'~orida, being more parlicular•ly described as follows: Commence al the northeast caner of the S.E.' of the S.W.,~ of Seclier1,23, ,:];ownship 29 South, Range 15 East, Pinellas County, Florida and cJr1.tJ:lf,9~-U1'-57"W., IIOU.38 Feet, along the center- line of Nurserry Road; 1:11ence,; leaving said centerline, 5.00°-21'-40"E., 360.44 feet, to the PQi•nj:'•u.f•.13eginning; thence 5.00°-21'-40"E., 119.93 feet; t11e11t:~; S,OU~-~1~'-35"W., 192.00 feet, to a point on the north right-of-~•ny'yin~~-'ot Uelleair Road; Ulence N.09°-15'-25"W•, 295.11 feel, akpng~;.}~ic(`nurCh right-of-way line; thence, leaving said tlot•Lll 1•i,ylal`~Uyf=luSy lisle, N.UU°-19'-17"N., 192.03 feet; thence N.fl9°-15'-?.5"W,.;; 2~:T~?,.UO feel, Lo a point on the east right-of-way line of Ilighiland~llviuue; thence N,OU°-19'-17"W., 49l3.G1 feet, along said east;r•i:c~hL~cf=gray I ine; Lhence, leaving said east right-of-way I ine, N.B~°=4;0•'..;...4;3''[., 245.00 feel; lllerlce N.00°-19'-l7"W., 211.81 feel; lllence N':•Fi9~°-$0;'-43"E., 2G3.U9 feel, to llle Point of Ueyinning. Cuntaitiitiij'•f3;4;6~{ acres, more ur less. ~ ~ r ~'~~aHEILE PLAZA ~• E)rtlillilT "Q.. ••N:L.li.l'. PARCEL •"•-.1.[3.5. J.N. 1IIF177 :'REVISED JUNE 30,1893 Country Villa Plaza• 29220 U.S. Hwy. 19 N,. Cloarwatal, Fln. 34G21 Pinellas: Phono: (013) 784.3965 • Pasco; Plrono: (013) 842.7635 Tplotaz (1113) 784.8153 ~~ ~1q~ i, }` PINELLAS COUNTY FLA. OFF.REC.BK 8324 PG 855 ;.'. ~ i, Ii . t. g ! ~~~ ii ~ i '~ { I `I' ~j ~ p a I i ~' y . t ~. t ~,rl.~ ~ z ~ 1 ~. j1 .. 33~ ,~ •tl E (~' U - - it it ; t ~ ~.r.. ;: ia' , II I~ ~t ~ P `.0008 A.il.f/.fYYI ~ -~,u~ ~' ~-~ i'~" ,, r iii; .'y. •~1t,Y y~ ~3' -~ a ~C~~;,~ ,: ; , ~ -~ i ,~,~, y ~~,c~ !II , ~ tt ~ --- i YISI~Ss~'~ `I~ J M ~~~lt 1~ z n -. , .__ ~ ., a 1~~.1u r~ :e~r tCC i • - 1; I~ ar.~~~'= X11 I i - ~y'i:;;i l~riM..... i ~aBELLE.~LAZA BIT „C„ BOUNDARY & TIE-I / AS-BUILT S~JRVEY i 1 ~~:~ f ifi ~t J~~l~~~ ~ifeli~i al ~ •f, s#o . •R. #i+ tr i~.~j~iE~ tai#~ °:~e~:~ri# ?IJ#r~~l r~i-~i 14 t`;#li i~`~,t;~~ E I~fiI~:IF~!!!?: tii~;;,.t ~t . t , ,~: ,slj~ j;~''~jlij';~i tl:~~iipd~p 1~1 3jJ;lr' ,~f~ s , S ~fiiif ~1~~d1i ~t{3i::i~~iile~ ~`3o'q'~ ..,~:?'~ PINELLAS COUNTY FLA. OFF.REC.BK 8324 PG 856 (~ .I •,~ ~r'-~ ~ ~~~ `~ ~ ,t. :~ :~ ' ~.,, tie `~ t~~ I Ov ~f OI~MA ~° ~' jl ~ ! ~. .~~~ l j ~ ~ ' ~t I.. ... ~, r ~ ` l!;' . `'~` ~~`~' ~:' t ' cif: - , ~ , `f,•~;~ . 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I ^!~ LL H I did i ~ / I I ~tr~~ ~ I • , ; •A5 ~ I l •' j? ti-... ff11 ~Y ~., ~ ~T, 0 t~a~~~~~ ~g.~, l:f~~;~. ,; ., I. a; `~... { _:1:• tS~ eIClrlrri y ( '•~:. ii Ij ~ -•~ I 1 '~E al ' R'. ±. i. ~. Y ~c I I.. :~+I '. -; ~ - ~~ ~,,~..~ tilt >i ~.I,, W~ ~. ~ Isle' ;1`k \ v'' \~` J ~ aj .. d, ti iii ~~ ~ i . ~..- ~--•.- i~~ vs orav .,I/YMJ .1 .. .... .. f I I {f~ ~ie' ~~`~,_ iF 1 1, erl~. j d i° i E~ •;ter ,~, ~~~~~~ ,; ~ LeBELLE PLAZA ~, FxH181T "C-1' ~~,i3~93 gs-aUILT W TER A 1~D SE]N~R DAL ~ I~ (~13~I4' ~ rNISDOCUMENTORAPQRTION ~FdTHI-~ DOCUMENT IS of anne OVNO 7v i71 tlt9OilvVU Olnd av NOl1dOd dl~OlN3Wf1000 SIHj ,~. Vlba 3JdNitltd~ aNV 3NIAVd 111f19•Sd d 3'i'138g'1 G ' 9! !! ~tii." .~ ... ._ a~~i: 41 ~r~t~ ill r. .n;-r >- -i• ;r /_ nnua ' i ~ ~ r ~~ 1. ... ~ ~ •l:i. ..1....•..,4_x:. '!'S_'. 9~ ~ l+ tislr?r _.,..... I ..ir_.r.. cfc:-: -_3Ci.Y W p r ~ ~ ~I ~ ~!~~~ Sr~R$ ~,13 ~ t nm... ~ ~ . a ~ :o p c1 iii ~ f'tl~ 1:(• ~~ ~ ~ ~~ ~ .4~ ;,>. ay l I n : r~ ~7~:~•~ io a ~+ VN ~{14C j i•.l ..(M~ 'x{ tyT 1 pJ ,tS Yl4r CJ ~ ttt~ll~a ,~,f(~ tt . ~ ! F1~~, ~ ~ C Y 1 1 af. '~ n ib~~~E,i ffAi ;~ 9 ` ;, .~. ~:, i ~,. , ~f 1 ~ ,.r,. • i zrl;. ~:. . g~a~'r3t ~1~ p~oa! ,~'.i;, ~'' a;,.~11~. ~ •t ~ ys; - .S[/ t .!.` ~~ f._ 3 Et~r~f~i 1~~' ~~ij• ''~ ~,;': .hut-• _Y t i. ~~ g ~~~i ~ ifs ('i~ s go - ~-~t:.,• ;•,~. ~:,~h,'~' _ I j : ~ i iri ~ f~ __ +' I - .a tr{l~t~~ii r i C~11 I CIF Ii. -'~ /'~~~'~ -s`/ i ; ~e a! ~'f ~ 1~ ~ r~C~ ~9~;~ n,A ~ (3~1 a i r~ ~~ fir' li; !;,;q~( ~ !~~ .~i~ r~ ~:~.~ E `,.: ,a. ~. -~~t`~.~ ~ ' :~ .~ 3tt l~~ii a.;~ t\F ~'1w~l _ `~Gh~,ylF,,t ~~ '~1 ~q• A j r`'w Vin! j p~' r ~ 1, ~I~~~i@ a~~ 'i9 o s, l^`~`~i ~ ~ `S.~ `-~.o Chi yo r ~. 1 R , ~~~ ,,1;, l .;. :.. ~ - ~ 1. t~k3 t~ r •l €1 Itiw; .unf+y~nr _1'•. S~_ _ r~~ y ji~_PY~`~j ~ r a t °~ j,~i :f •r ~-'r~` t '~ i7i.a 1 ~• .. •'. ~; t .1 ~fS ~ t~ ~`~..~~r• J ,yl~~ ~1 ill . •'' ~. ~ :~'(~1';, ~~ 11 yl ~ ~ {. I~l~ ~ I I ~',~~~.~ t ,~ .~ ~~ W 1, ~, , 1 , ~• ( •" /. S ~ ,•~ i~] ~ '.\ :..~Ltaivrrwl:~.tI,J6• I''.:a `f! .f 1 aw e~rr.c.rw~: rr, ~1~ Y Oat : `~1 ~~~ Y ~ ` %I' ~a 1~!, ~li 1~ ~'-' t~e o 4 sre sazr s ~~ i .i ! ....1 ~..LS Ik ~ j tai ! t ~~~,., .• I, ~ •~ ~ ~ • t • 1's ~ ; FOR CONWGURATION OF f MKING~ t I > ~% ° FOR TFIIS AREA REFER TD TFI[: pARKII 4s N ~ F ~ i ~~ ~ SI•IOWN ON TFIE AS~~tI.~&l1RVEY. L58 9d 6Z£9 N8'J3H'330 'K73 1CSN[10~ St1773NId I(1 '~; V~ !._'; • F ,~ V ~'~~~s <.. ~ •"„(y.• Ir;~, (;!ir, ~lJ 1( ; aS ~ ~l'(:y:+{l i~'ir is `~ t g i~( ~; YID! Sisk; ~`~ ~~ t ij;!jylllt' t;Jll !S a, I Il ~I'!i;l' ~~I f i :t r,.....~ .~ !~.? ils9 i ~•tt ~: GG 11 a ~3 ll~.~.l. a m _ . ~~ n "-•-- I~ std. ~ C `13 ' O Z ., glil-ell 't { C ~~ l ! ,• ZL ;a i.,~. ~•~, „~.r I l ~~! t --^Y r it rt j6_~. ~, ~ ,,. ....,. ~~f~ _. ,. ._ , PINELLAS COUNTY FLA. OFF.REC.BK 8329 PG 858 ,' < ~~ r ~ ~aa~l ~4.~.~ En Ineersy.SULV.e •O[s 8 Y. ~` ~ . "'~""`~~""" June 29. 1993 M 1'roteuMrml Erge"~eu ,_ Edmund S. Whitson, Jr . , E sgc1 i ire ~`~•.-..- `~ r+aw,ErgeN"`'0 Whitson & Wh i lson ' '' h s«M 309 S. Ga-•den Avenue •` Clea-•waler•, fl fNrW W,>ter ~ ~~ "'""""•`'"""' RE: label le Plaza/Wh,ia son Properly ~'"'"°"`"' lanrlowner's Parce~T-:..)mp'er:vious Area nr"e,+~rrs«+e" . Dear Mr . Wh i t.son ::'~'' -..:. ~ ~•... ;` M °""E''"'°°" As requested, we 1-av~'-1;ev~iewed the basis used for the irpervious area conlpuLatirSnS..wh:iclt were included in the Southwest Florida ,,."„~.,,, Waler• Managenlerrir,0i~t:~l~:ic•t (SWfWMD) Permit Application of November 6, P.Ne"epnMlmel 19x7 for the''capl:i~one.U project, The engineering plan from which , Lhe imper•vi'oll';°ar•cu'•ivas ralculal.ed was prepared based on Lhe `'""""" Mudano Ass©ci~.l e3 R-•chilecls, [nc. site plan which is Exhibit "R" of the Re`c~i:pcpc~al;l`:asemenl. Agreement (REA). These engineering T„~,,,-,",,~„" plans wore niad'T'fred in accordance with l.he Cert ified Sil.e Plan M which;tiva's.:`appraved by the Cil.y of Clearwater and which represents sti~er~~rd Lhe La(ie~~1,e Rl:aza Shoppiny Center as it exists today. ~~ T11e~.etrq•inees•ing plans which were submitted -o SIJFWMD show a sinyle M„,~,,, 13.3.~2,~~aci~~e sil.e vrhich does not include Lhe 50.0 feel south of the c«,~~." i~n,Ler..1 ine of Nursery Road, which is claimed to be owned by M ;•'"Nli~,;t~hihson. Assumpl.ions that were used a1•e as follows: ~,~,,,~ ~`~.1.`; Exhibit. "II" of i.he original REA which is known as the . ,"proposed bank pad" and no1•Lh Ilighland Avenue entrance °'• l.o Lhe center were included in Lhe congluLal.ions. This ~~ area has been cons l.i•ucLed with regard Lo the ul.ilities ... and paving on the Whitson parcel as shown on Lhe approved engineering ch•awinys, 2. Proposed bank building was compul.ed as impervious for a • 1U,O0O square fool. first. floor as shown on the Certified Site Plan plus allowance for sidewalks and related fealur•es. \~ ERf1! 0IT "C3" Ca+ntry Villa Playa - 29220 U.S. Nwy. 19 N., Claarvratar, fk+, 34621 ~~~~~~9'S Pinellas: Phone: (O r 3) 7114.3965 • Pasco: Pfwne: (013) &12.7635 ~ + I Tclofax (813) 704.6153 ~lv, fdnrund S. Whil.son, ,h•., I:scluirr~ PINELLAS COUNTY FLA. OFF.REC.13K 8329 PG 859 June 2 ), 1993 Page Lwo. 3. The fulm~e development. purl.ions aF~lJ~e ~4flt,i.son parcel known as Phases 1 l and f l 1 were crnnfiitl.ed al. 8llx f-nper- vious and so noted on 1.1-0 engkire>:'ii1i1 plans. 4 . Roadway a-•eas Llu•ough Lhe c•eil.ei''~:a~..Ihe WI- i Lson parse I and along IJ-e r.asl. bnundar•~ yii~f•~ I'igin•ed al. 100X irnprrvious, ~ '~ _, Our calculations show Lhe i~inp:ei~vaou"s~area approved for construction.. on the 4.868 acre Whil.son haace~ is 3.(176 acres, or 79.6X oP Lhe Lolal, which is general ly f<I-e' ~:'lhal. Lloveras, Ilaur and Stevens has represented 6.o Mr. -Jhils~nr+..:.- Calculal.ions of rxisling, plus Lo-be-built. impervious araas are shown below. lhl('ERVIUUS CIILCULAIItN!1S`'•. / ACRES S.F. a. Existing ingret}v`ic~u,S'are.:i based on Current as-huXl1:•;:~efitafi-bet• 9, 1991 1.?.2a 53,492 b. Parcel 11 - ~U`;JSE~' s's. x OUP .932 AO,G00 c. Par•c.el I I1::'- 70;#375: S.f . x fl0y 1.3U I 56,700 d. Roadway he,l,vr~cii`•f'w,~•ises t l& I l l .165 1,200 c. I'roposecf'lrairk;:4tiriading 1L relalecl .?.GG 11,600 f . Less cn•ve "Lci lri~''dr. Iclad east r•oadw.~,y:; ., __.(--:U16.) _~ 720_ lllf/tlS 3.1376 IGB,£372 In •yorJi~,{%r~)rc~scrl R[A, Lhe 3.876 acr•PS of impervious area is Lhe quanL,:i1.a.Ci;Ve f4gure Lo usa and Lhe existing iuyrrrvious where per- miLE~ii~, chn be r•c~movcd and r•r.loc:al.ed tvil.hin Lhe Whitson parr.el. Pae,iw'n.`let'"~us know if yon wi 1! recluirc~ furl.her docuurrnlaliocr or i -F4))•uitl: i an an I h i s nw t. ter . .,ti. • ,Very Lru ly yours, • ' ' ' • '~~ ., O.V[R QAUR ANO STEVENS ~•: ' s andy" L lover•as, P . E. ' '' ~~`~'~+• ~ • • ,.~. , ~. cc: Stephen Jaeb ,•-"• ' Donald Stiller Michael 6rdke, [squire Sl : cln `~ ~~~ 81 L~r 61 q3 PINELLAS COUNTY FLA. U~NQj yy OFF.REC.BK 8324 PG 860 W '='i ICI b •~i L.. .`.1ri 1, w ~'3 .i~~. rV'..`;t?•I i tl~,y J ~1 1 ~ ~ 1~ 1 F •• A ~ Ili 1J .. . • O: . ~::':.•e •E ~ :~• b, \ F: ~ wll rll[.t Yii ~I Q t• ~t~ u' •s_izarv~s er•\ ,1o IJ 11 '1~1 II ~~.. ., R ur ~ . _ ~; .1 i <: { f ,.; ~.. III[.{{~~~MY:~,V ~~ •vi~Ir C~tiY .il'/i7.. `•.e ill l\~iC ~it~ ~ }~1 ~~~{ p ~• ~'_ - V ..~=~~--SM"• ~~• \. ~ 11. .i: ~.~~.t !, ,,~'~n,: N. ~i 1 ~ {lt t I • t SSSI !+ ,t~r.'.~4\ ~ {,~1 f2' tiq'9C.: . ' • - N°.3 .'7~~t ~. ~:.'.. ~1.~ ~~i ~ t,~~ \ i J ; ~ Jf ~. ~•', ,~. \~~ ~~, ~~,~ gill, -•~-, ~! ~ , 1 , •~ { t~l ..t. ~'~'{~~ r.,:,~ ~ 1 I\ II~II~ 11!11{ ~ \ r~ °,~ U ~ ~,{ - ~ ^` r, ~_ at ' :~ .r .ia' vn ' ~Yi' ~ ~t ; I t {~' ~ lid l ~ ll+iil{afi: p~ ~ . ,j 1 1 l G •,.. ,..- t ......_...... iy~~p )I~~} ili;iifill,~ \' t~~.q~ .~ - - - rf• a.l_II ._~.._~x1t Qii ~iq . ;1' S ~~~fy~. r ~. 1'I~~ I.c ~ `tat 1 ^~~~ '~~~ ~ - ~ ? s1 ~~ ?~ ', lj~Ei ~rilll~~~~l 'r 1 -s i•j~~r pv °'III ~y~ F+~ :I' li I ~ ~i '' - r, iii t• ~'.~}F .l ~~ Cy ~~~~ ~l! :i!? itj!P,I',II 1 3 '~ 1 '.._. iI ~.7; ~ `Y( '~ ~~~ ~~~~~h If{ y~l{ Jl~ll::ll j'' i q I 4ryYi+:~ 1 ~ ~ - ~ } ~ :' I i; . 1f 1pV, 1 ill'111~, 11~ 1 1 I ~• V • , '. ~.w.ri ..r ~._ ~~Ir i °` i~i lifl! Il:~h!Ilt,~~ i v > ~.• /`' 1 9 ~ rl ! ~:K~ , ~ I I f~~s `. _ . • ~'~~~ ~ h~ / • Ln.. 1 y `~'V.' ~ i~~'J :i... =7 ~ ~ 5 ; ' ~ ! ~ 1l/-,{ I f ~. ~ ~:1• -fff- %n~ /,c•`.• :..~~•~•~-1 ~'~~ i{1 a' lie! Ilr!l'6l~~~ r~ ••i } t t ), I -_ ,;t, . ~~~\ _ .~.~, ~r„ t1~ { I , t lire .I ~! ~~J,i ~ \ mac..' - ~~ \ ~ .~ g.g{ ~/ .C. ,$ ~jfi= -r 1> .11.1 ~ •~ ~ i if;e~3•I r ' ;,i '• ; 47~ q~ + ~ J .~ u ' \ a 1 ~I .~ .I ~T~ k~; ~~\Sf~ ,yi f "~ ~ ~.:....; ~.1'fl ( }~ aA a .f \it \ 1 7~ ~:• .....`-~_[':.. I Nw' r _..• ., ...:/%r~n~ ~Mr •A~!~iU III u! rl:I' A i •°. S ~ .p~J~1~ 1I s iiirt i.~~ {~ . t ~syi6n ~1 I I snriM lilrgni .x~, ~`L 1A i I ~r ~~1 % 11•I• 4 \"C ~ f ~! ~I f @,I : l~•~•~1,6~~ i t, r l 1\~I l i ~• l Y ,. La BE~.LE PLAZA EXHIBIT "C4" ~,~14 I~{- (~ND_QWNER'S PARCEL DRAINAGE EXHIBIT (1~~~~ Q~'~1~~~'' CROSS HATCHED AREA - 4.8 ACRES+~• ~~~" ~ '!'. THISDOCUMENTORAPORTION ~F THIS OflC11MFNT IC nc onno ' ~ PINELLAS COUNTY FLA. REC. BI( 8329 PG 861 OFF ~:,~;: . ,`~ '' •~~ t- ~~ SoLCCIzwc~sC• htorictcc ~ ~~;~.,.~ft~ : Q: ;, I~ljcct:er- ,MCLIICC~C 171C'1"l~, DiS ~l-ccL \, ~ 2319 Uroarl5lreel (U.S. X11 St~uth) Dtooksvillr;lfloiiiau~3A(~09.6899 ~-•--- '•.,,~_ ~.~t~ I'ltono(9(lA)196.7:?1lor t•(300R?3-IA76SUINEOM<ti2d%150 Rf3 __ ~ Y ~~~ef ~~ w~. w~~ ~~ M ~ :' ' TR r:hallef A, mnrt (:In+nnr• Cryft(d lhyra Apl'il 7, 1991 ".- ~:.'~11~t~1 t7 • x~ 1 n a r l I)~J . ; , 1,. .. I onr or ,..:. . ~ ~~ vqe (:I,a.n",,,• :1 rnlc,gl,pq Anne Ehhop,k SaQm 11.`,( ` `~ .,4rxvFN`•I p ~ '' ~pQti~ r '• UI`1 !ENAS~ " ;n:,nrury. Vmirr _ ,, LI.M lofcpAS Cplpnl Nor tltlakc/Sell.e Plaza ::aolail:.,Veufiure Ivtl ~.vcr lu•q\,NOI, Irnnla, Mp,~Ann llo0pn JFI Lind Cmupany, 4etlet:-~l''('artna r. ""`""""""' tl~Tt trt, Nnn+lwr ~ pos C OEE lee ISox 42fi =. 1`1.SQ5 ~ounl:y (toad 574 Inks mnw:f Mnnl;o, Ftori.Qa ]7550''.. (aeon D. Iledrnon ~ ~~ M`"j1°"' Drnle N. Knewtlnn SUli.lti(:C: Oparat:io„ l'arini.t: TrnnsmteCal t..etter. ;t I'~IrnINN•j 1'lallag0{11011{; a(1Q:$tar7lga Of $UI'Eal`e WfltarS Ane,ew J. lubitmo knopn Cons Cri,'fi.Ciiiii he rmiC No. 402(i42.0U Aohrhulemr, l Iha I , I'ra 'e'rd;,~Nhplr..,;` label la Claza ~ !x'72/iC C/ ~•-~ t •f/')9 •.% ~': Irw ":y br I Snlry Ihompton Catipty,„. ~ Plncllas • I,>.,,,.1 ~ SFC j'l'wjt%Itge : '!7/79/ 1.5 tale, G. Iluhbctl I I.o,:ula••twecl.r ,: ~~.,~ ,.: Dcar Gentrtyneii:;~•~ ,c rnr A. tlu,r, I Your reilue5 i'<•. ~'t_o t: r.aus Ear t:ha abova-ra Ea rencr.d panniC to the ,r,••ml (:r*nrn.l I attr l';~C.io'n..p}I:,Fe has haan :tpprovaJ and is aCCactive an Che J;, l•e the OhaiaCion l'erwiC was signr.d by :,n authoriaad Otstrlct cac;.io~e~d. , rc.{l.t'eSCi1.C,:it'tve. •Snri(~~,.'C:I~llitlas hava !tart Chelr As•ffuilC drawings Field verified '''a{tti ~.Chers havr. not, Lt all cases Che Utstrict reserves Clle right ' :Ti>•.'~coliti.nue tl,e f.ielcl verlEicatton of the As-gulls drawlttgs under `~•Cb,pCer 40U-4.091 oP tha Clorlcln Admi,nlsCraC[ve Cocte and Section .. 3'::),, 7 of Cha "Basis of Roviaw Fot• Surfaca Watrr ManagemenC Permit `~ppl icaC.ioas. " four Uperat:ton Pnrmlt (enclosed) may co»tain i:oiuiiCious rarluiring pet•iodlc l.nspacCion and maintenance .'% ltaquiramettCS. 'Phase parlodiic luspactlons are required to be ``` !'rr.partett to the OistricC on Focm 1`10.25.07-15.1.9/87 entitled " "Statewenr. of InspacCion Eor Propar Upcration ant! MaLnCOnance." 1'hCs Form i.s on Pagr. fl•47 in tha Ulstrlct's Permit Lt[ormation Manual for tha M~nagemenC and Storaga of SurEaco VaCcrs. A copy •'•-`~~ ' of ChaC Form i.s ancloseel Eor your aonvenlenca. ~. your participation in Cha regulation process will hale protecC and COn5 aCVa OIt L- Wal'CC rCRUUrCC, 3~q3 ~~ ~rr~°~`~ ~znlalr "c-~° FYNELLAS COUNTY FLA. OFF, REC. BK 832c3 PG 863 ' ' ' , and Bequest for ~~rattster iv U~~eratioc~ Ctl'~ty ultitirr 3n drays aEt~r cornj+leCjort aE cott.trttc:tiott of tltr. StirF:+r.r_ Untr.C Nnrtap,~~!oer.~ :f::t.:~:, =:.~ owner ar nutltarlxad n};ettt must S!~NU 1'1fE ORICINAI. PL1)5~,. vN<: , COPY Ol" T'l1IS FOP.1f ANp I'~C t:OT1Fi.F.Tff SETS [3F CFRT'IFIF.U AS-01lIl.1' pRN~ING5 Ear tltr; .S~+rt-nr.n Water ttanrtgnment syStaft sct:uctura~: nttcf nppurtetinnr.cr, to clr~ Sauthuer;t Elarlcl;t:~U;lr*•r'•.~t:t~~t~,9tnRrlt pistricC, 2379 Brostd Street, jfrooksvLlle, Flort~la ahf,Ug•G899, Upon rnr`.'t?;l'j+t^•',•;. t?le t)lstrtct rill review t:tls SCntemettC of comp lotion nnct may inspr.cC Che syztr_m;:'fuc`~somji'tlnttce with the approved par:ait acrd as•buiit clrawin&s. Within 3U clay. after rren~l{rx,'o!` thls stntemrnC, the ptstriet will notify Che ptctnitteo wltrthr.r Che oprr,sCion phasa of. Ch!i:.,pcrmit mny comment-e. The operation pltasr. of this permit is. eECecti•~r. whn.n tlt~t st~~'r'iB~s:t>.C d:~ cornplr.t:lorT form [s sl~nad by nn uthorizecl pistrict reprrsatlt:tCiva. f ~,c; Y ~ ~ ~~,~.. ~_ WATER MAttAGEttFtl'T SY5TE.N ItIFOR?jAT~IgU.: j--1 I"+" ~•••' ••+ ~' °•'~~~ '•~ '''~''""' Fat-tct No.: AU2G~1Z & EU14UG C,'JtRtr>! ``~j' 111C~.1t15: ____.~ Fnrurc: Nuu:: L aE;e 1) a I' I aza Ray l). Svjirsz ~•``, F~1112T:E~: Annttts5: _ 251 1 Pi, Gr ac{y°~,Av~G,ir•tie•,=.SU ilt~ 10U Cllr: Tampa ;.~~ ~'~..., ~. ~~ s;a:~, rl. Z:r: 33GU7 T_T.trnortr:: (£313 `),..,.L3f~ 1~G2- (2) i heroby certify that :~:~'•1~-..,f..-acltities h:rvr. hr.en built substntrtially in accordnttee :+t_`~ the appro~ad pertnlt de:b~i..~n-. pl`A7t atut that arty subseactti•,l c!r_vinr.iotrs (attachec!) will not jrrevent the system £r.dtn'.Eiipt~~.[.i;rtirtj; lrt carnjclianrr. vitlt the rc~uirements of this cllapcar. This cettiELcstian is`••,vc'r~~fied ley thr ntrachecl "as•huilt" clr;tving~ (ns•buiit dr~•twings anc ccrtificaCion must b'~;'s%~rtacl ar+sl ~r..zlc+f try n Prnlr.s .inrr:rl F.rtGinr_rr, if regrtirecf by Cltaptar 471., F.~1 . 8t: 25.3.15•~if37 tgg0 P11f l,Nt~ ~rt~,~~ ry!~~) ~iS~V/Cortlp RFP QctoGrr FLORIDA RLBISTitAtIa!{ l luveras fiaur & Stevens Catrnnt tlNtt 297.13 U.S. flt~ry. 19 r1~t~ih CCrIrAMT AnnnESs C lenrtrairr, fl. 34G7. i r~,Utt: ( 1313 ) 1134-39G5 Dnrc: ~ Z6->1 ~J` r 1 r. t o f: 2 ~ .. ~ ~, ~i~ ;!'., (3) Thn ULsuict is lrerl:lry nvti.tieJ th:1t euusciucelun ul 11e Su11.1ce uaL'e>L 11au,11;...ule.ut system Is completed, and ttu 'erwittee requests thaC tha 54 faca pater ltanngeme,.t pstu:".~ bn transfa:rted to Chu cntlty for aperatlotl and aniutonnnce as named in Section (G?. gT: ~ vC.`%~ Ray' Sollesx;~l'ermitt:ee $IGN OF 1ta,~' LA111T1F.E 0~ 11N1E A110 71TLL (1~;1e7,ISe T}'pe) ALiIIDn1wLD AGLIIT ~~~~~~////// :"•" l.aDelle I'i.tiz.a........:.~. Ptnrllr 111naEn: n02642 & 007406 •~. • :` ... 2511 11. .~'~ra'ily:~Avertlle, SuiCe 100 AnDALSS CITT~„~S'~ATE'~° 7,1P Pltont.: ~ (,~,F},~ ~3 ) OlU-IFi12 (4) Tlta belov-named oneity or individual agrar.,•to maintain and operate the Surface Water `tanagemant system In cotnpllanca .ulth ~•cl•1 paclu•it condltiorrs and the provisions of Chapter 40D-4, Florida Administrative Coda (F`.`n.,C`:,~,.'~ PINE4LAS CaUNTY FLA. OFF.REC.BIC 8324 PG 864 gT. >< „„~,- '~~ ~`, •%NorlhlakClRel le Plaza JoinC Venture S IG I ;UAL OF III IDUAI. On AUTIIOAILLti ~~.,, ~`.. \~ y`. t1Alw Or IIIaiVlaliAL .n QP'..1Wt1G21 EtIT:TT AGLIIT FoA OPERA IOtI EnTI:T JI'I land Company, General Partner ~:: P.o. Box nzo -_ I15o5 C.R. 574 Steven Jaeb. President, JI'l Larid:•G~wi_~riy nuonsss N~rs AeIG T:::.L (Pleasa T;;ae) .. Mango, fl. 33550 F~1Ir Nlna~~: 402642 & E014UG', e:~11L: (al3 ) 601-5796 DA:E: 3-ZG-~~ RESFONSIdiLITY FOIZ FlA:i?7F7:1lANCE A17D OFERAI'IUN I1:?5' BE 'CR.INSF=BRED TO ANO'F11ER ENTITY Of1LY UPOM t7RIT'IE11 NOTICE A17D AE',1`ROVI41. DY TIIE DISTIt1c:T 111 ACCORI)A17CE 471Tli RULE 40D-4,351, F.A.C. >,:,:.,, ,~~~: -...- .;: SWFWMD USA QNLY ~ :: ;>:. :. ;:;x<;~:~; Based upon Cho cerr'~Pication by the Enginaer coroplotion in,~Sect'ioli::>(3), tits responsibility is transferrFd`..to~`•'~•:Ylie entity named in Ser.cian is effective.. oi~,'Tate` data incticatrd Ge[ov. .~ SDUTi(HES F~tyt~1D~1~.. `` TE~t MAt1A0F~¢IIT DISTRICT 1~ 1 ALIIIOAIZLD ISTA1Ct REI•AE.iLtliAtlVE '~ DAZE: April 3, 1991 1~(SW f Comp RrP 25.3.15-1/87 October 1990 PIM of Record in Section (2) and rite notieo of for operation and maintenance of the system (4), and the operation phase of this pcrmf.t _Joirn W. Heuer. P.C., Ulrector 11nr¢ NrD 'TITLE I'~ultT 11umrn: 4U'164Z.0Q F:1ge 2 of 2 ~. l({ "GC111;•i•I l'1:rii)L'CiEcJ ,^.'; l;;li?I13T l,v 8• ~ 3/,r~l p il''l~ l:,rio~l t;;r, r.~sln~ cT n s. ols~ Hier alcll~ l;~;:r:~r~a Yell fi~:~(i'C I~ISaI:;;rlor) ' • PINEGLAS COUNTY F[lA. ' OFE'.RGC.BK 8324 PG 865 u Engineers •=Su.r.yQyor~ ~' ` . Ilah.xY!ir:,ery ,lone ~ 19J; ~ , 1'~dniak,v,l t'IhpIMY•1! '• f.dnnnul ti. 4Jhi lsau, I:sgll irr. _, n.Hnl'gp:rn,drl 3U1 ~, Cirtl'lh?II Avclnll? '•~''~" :""`." f.learwaler, I'I. 3616 ••~ ; IYpaG1w,IM ILI.: I-allc! II? 1' lazy nenM,tankaa (:I('.at'Wal('1', I I. M,i,Mti,n Ileac Ed: ~. M 11+15 letter wi I I cerl•~.fy Ll+jit the potable water distribution and f ir•e ak,rh,,..,, protection syslenis (wa`f;`rr?-sySLem) crave been conslruc:tecJ in subslant.ial accord with our ;~rig,irrrr,rs;ing plans and slyer i (teal ions , The City of ryikL4r~ C.learwaler and l.1te I''ilit,~l•1as C.ount.y Public Ilai11.11 lJnit have approved M the SySIeM as :i'iiil',T~l.lr?(f', IYdraYrml lmnl • ~~n~•,r'a The engineerl'nJ,pf`,in~ that wc: preparrd for t.hr. LaE;r•I le Plaza project take info ;~i/1j4.•ic~i~i`a,l inn the fulurr devclupracnl of yow• property that ~~N14ry,~MM lies on lae•e,9~:l:~s'idc of Hi~hl~nd Avenue and 5oulll of Nursery J2oad. ,. Iherr. ar..ii~~'ititPlry six-inch (G) Cil.y of I:Icarwal.rr waLernlains ou HdnssbuN NUrf the nul,-:Lh:'fiI~E1 '~i'~a~s 1. s i dl's of your Irropcr Ly, ,vul on c?i ghL-inch { £i") rH.,krr, walerryt<1.in ~c1li t.hr? west. side alnag Ilidhlanl Avc?our.. Ihcre are Cwo (2) f ire,:11 'c}i`•anl5•, tor.aLrd nn ur ad,j,u:c~nt. Lc1 your pruperl.y, and three (3) ~: .. M,«~~,M adc)iltoila'I`(.:i~re hydrants located vrit.hin 7..O0 feel of your plroper•ly. ak.r.a. `. ... ,. Jhe`~•~r,.uli#~d !2f_A Ayra~meul site? plan does nut. show ally buildings fur• :~~,*«' : Plaacss';:~'i` and III , wh icb i5 your proper Ly on Lhe ea5l side of Il igh- ^'" ~ I~nd'•~1v;enue and Nursery Ruad. Ilotvevc'r, lllr recorded annexation "'°„'"' ~ '=«up'ern>.rnl with Lhe City of Clearwalcr dots show somr. proposed ~•4ii'ri•hlt'nys, parkin, etc., and uul• calc:ulalinns indicate that the •~.atiiOunl of waler• needed by the but Idings ,hewn in this ayreemenl can ~~..la.F.;lnpre than aclecpral.cly provided by Llle walermains on the north, '°~:,..~. ~`hosl and west sidr.s of your prnperl.•y. Il is. impgrlant La Mention ~, .:.,l~hal any dc?velolnnelrl./but ldinq un yrno• proprr•Ly on Lhe cast stele of Iliyhland Avenue and south of nursery Ruad wi 11 require pcrmlls and `'s.. .. approval, from all local and sl.at.e govrrunicnlaf agencies having .. Jlrrsdicl.iar• \G J ~~~0 _I Cxhibil. "C6" ~~~'+'ol9z ('.onnby ViIL•I I'hrn • 2922n I16. I lwy I!1 N„Grc.llwalrr, Fii.9•IG2t "I 1 I'ntcltis: I'hnnc: (1119) 1d1-99G!i • Pa•,ca Phone: Ja 19) IId2.7f 35 fok~,7x (fl r 9) TII~ •e 15.9 PINELLAS COUNTY FLA. OFF.REC.BK 8324 PG 867 ~ .-- ~ `~.~i'V'~ 4e.' 1 ~/ Eng i neor~ .• •5urve~!~ors ~: UiMr M.^wr:ary ,lone g, 19cJ3 ~~ .. 14id•,unA I:Mp.NM\ C• (lnumd 5. Wh i I son , E sclu i rr.::~...•~,~.., Iarlpr~.1.MM.,1 3U9 S. Garclrn Avalwe ~',"~~~~ r...'ry Clc?arwaler, II. 3~ICrICi ,. .'~ ItC: LaBelle I'laz IYrlla WntM r,Aar,,,r.n.~ l:le,irwaler, FL ^,~~nlr~t Uear f:d: ^'^°rn~~.<»ry 1'llis leper will .cr.rl'i'T~:;lato( the sanitary sewer collec(.ion sysCem ,.r+rw..N,r (sewer system) ha~•Irgrla.,F;onsl.rucl.ed in subslanl.ial accord with our euginecrinq Ill~ti'is. r~,ld;~pcr.ific.alions. The Ueparlment of Environmental Regulal.iou (Il.k•:r.l(,'••),`,~t{tl the Ci'~I,y of f.learwalrr havr, approved Llle s,ysl.em Ir.,u:erlnry r15 I IIS 1. a l Il?ll;,:..,.,._'~:., .1 , '""""iN1nn1 flee engineeri'Jly ~h~ns Ulat. we prcpal•ed for the Lallelle Plaza pro,)ecl SI.N'I.M. lake inl,(i'r~hiis'1(fcr,~"al. ion Lhe fulurr•. development of your properly UIaC I ies oli.`(.hr."tts~l-~'~ ide of Ilighlanll 11vt.'nuc and south of Nursery Road. Iv~an~:~•*•ry fwo (?~) .eight-'{.Itch (Fi") diaiur.lr.r Sanitary sFVrer• pipes have been con- " slrugt.eci,:'(or'•ahe sole lturpnse of sr.rviuy your property, The capacity IhNryUruN 1 nN ~.M„~. of I~:rl.eiglil.-inch (ti") cliaulelrr sanilar•y sewwer pipe at. U.rly miuinnnu slcp~..i~ ir.,exress of 4c.)I,U(1Q gal Ions per clay. the exisl,ing shopping c['ill~ei•;clc!nni•alrs rl U.I:.II, alJpruved average daily flow of only ~^^~-^^ (i'59,•:ilallons per clay. Ihus, Lha eight-inch (t3") pipes have aulple r.~ r••. ~ l:a;i.<}c: i l~r• to serve youl• lu•n,jecl . ~~ . ~,, ~~;1Nis 1°ccorrled Rlal /~Cll'(!QIII(?Ill Sll.e plan does nctl. show an,y Iwildinys fpr -•el•v I'hnsrs Il and I11, wllir.ll is your prupc!rlyonl.he call side of Ilighlaud ':`Aue(ue and hlursrn•y I(oad, liuwever, lhr. rc?c.orded annexation agreelnenl: ~~-~ •. i'rd.lh Ule Cil.y of (.iCAI'wal.el' d(les show soma pl•oposed buildings, parking, .et.c., and our calclllaliuns indical.e Lhal the aulnunl of sewage genera- :'~:,;.~•:.,~~• ,led by t.lle huildincls shown nn Lhis onnexalion agreeulent. site plan is • less than Lhc? design r.ipa~il.y of lhr, pnrl.inn crf Llir. LaBelle I'la7.a call i lary sewr.r sys lcul wh ir.h has becu construct ed Lu serve your property. ~' II. is inylurlanl. to mint inn that an•y develnpulent/building on your property on Llle. cast sidr. of Highland Avenue and south of Nursery Road will I•equire f~eralits null appt•ovals from all local _and stale gnvernmrntal agrnr.ies having ,jurisdiction. D'~~ ~~~ Exhibit "C7" ~~'~~9 (:ounUy Villh I'1~7ti • ?'12?fl I1.S Il lwy. 19IJ., Clenrwnla. f6i. ;IgG21 3 I'ilx'IhS: i'Na,n: {91:1) 714h:111fSS • I'rlsrn:l'IMne: (U 17) OA2.7G1 IhMlu (l119179A•in5:1 OFFpREC~BKSg3~gN~p F'LA. G 868 Edmund S. Whitson, Esquire June 9, 1993 Page lwo . ... . .. ... '~f If you have any riuest ions regarding thx~s;~ natter, Ices i tate in contact i ng our off ice. ~• ''.. Very truly yours,. DVEI! S, Iil1l1R AND S7CVENS ~y -' ~:~. .. :S. "Sandy" Lioveras, P.E. '~~._„ ...,:~~ .!'~ Florida Professional Registered f Cngineer Na. >:3505 cc: Donald Stiller ~~ ' Dan Solano Stephen L. Jaeb~~::.;.~ Michael Qedke;':Esiiriri~e .,.;: ,~ SL:MSL;drr . .. .~. ::, .. `~~;: ~ , , ...<. 's please do not •1I• 1•, ~, i {SEAL )... .:..lF'~ S ~ , ., ~ ~ :. . ~~; .,; _. ~3,q3 ~~.~J+\~ ~~6~pI93 SECTION 23, PREPARED FOR: NORTH L/1KE I BELLE PLAZA J.V. rlo MR. DAN SOlANO P.O. BOX b26 ' 11565 C.R. 574 MAN00, FL 33550 PINELLAS COUNTY FLA. ~OFF.REC.BK 8329 PG 869 ,... ~Ir . _ . ~~~~, NORTH scaLE r.4o~ ~~Fa: ` .. - rae' uuKUaw.v) `s"Aid ~~ NrGN[Art/O AVEdIUE _ La-BELLE PLAZA EXHIBIT 'D" CROSS PARKING EXHIBIT LLOVERAS, BAUR and STEVENS EN~INEEAS•SUtiVEYORS 29268 U.3.19 North Clearwater, Florida 34621 Phone: (0131784-3965 Fax: (813) 784.8153 SCALE: 1'•40' J.N. 18571 OATE:7/27/DI TOWNSHIP 29 SOUTH, RANOE 15 EAST "~' THISDOCUMENTORAPOATION OF THIS DOCl1MENT IS OF POOR EXHIBIT "D" CROSS ~ PARKING EXHIBlT - .. , ,• .,... . •,. , _' `.ill ~e SECTION 23, TOWNSHIP 29 SOUTH, MNOE 15 EAST ! `~ PREPARED FOR: PINELLAS COUNTY FLA. NORTHLAFa:/BELLEPL4ZAJ.V. L3FF.REC.BK 8324 PG 870 clo MR. DAN SOLANO P.O. BOX 428 11505 C.R. 514 ... ~ _ _. ~ •'~~, ----,F-- MANQO,FL 33550 ~ .;' NORTH SCALE 1••40' ~.R~E. CO~AfEg- C //.. ui, .- O I I. I m' 0 q ,. 1080.HT --( ~ r $ 00°4'35"W. H Q 10,00' S.Z/ 523 E.,3900 S. 89'r5'z5 E., 9.00' , ~^ gg , m~Vy - /0'~'ic~F-' `FCOR~oAPorV~~P A Sf 'R ' / Mi '~ h0 Q [BU7a OA/ f . - . sOX MA [[ aQS.;<70,.,R~tS: ATfOMAYQ./~/Y , i i~C1' I ~~~ , ~ ~ b:OD°~~'.~S~W sxNK:a ci Kic vi~ :. ~ N u ~. t /4400 y - ' , ... .,; :t•'r :::k • ,rr,:q+ ......, • •• .;~.,. :;.vii:?.~ ;?;,•;•;•,•:e:;•:e:: •:.• • {,. .::. ::., - .. ~ ~ .:. i ., .. • •. .' • i i~ .o AO'~4'80~"E, ~ ~ ` ~~x:wr'aa l8 .00 ....~~.....y. ';EXHIBIT "~" DESCRIPTION: Rangecl5 EastanPinellas County,fFlorlda~ beingomorelparticularly desorl6ed as follows: Conmence at the northeast corner of the S.E.y of the S,W.~i of Section 23, Township 29 South, Range 15 East, Pinellas County. FTarida and go N, 89°-07'-57"N., 800.38 feet, along the centerline of Nursery Road; thence, leaving said centerline, 5.00 -21'-40"E., lOH0:37 feet; thence 5.00 -44'-35"W., 10.00 feet to the Point of 8eq~lnning~ thence S.21o-52'-31"E., 39.08 feet; tllenceTSr'g.00 ~eet; thence 5.00 -44'-3~"W„ 146.00 feet; thence N.09 -15'-25"W., 24.00 feet; thence N.00 -44'-35"E., 182.00 feet to the Point of Beginning. ~,~,BELLE PLAZA RPp'h LLOVERAS, BAUR and STEVENS ~ ENOINEEnS•SURVEYORS 29280 U.S.18 North Cleanveter, Florida 34821 Phone:1013) 784.3985 Fax: (013) 784-8153 EXHIBIT "E" NON-EXCLUSIVE ROADWAY EASEMENT (SOUTHERN) score: t-.ao~ J.N. Isen DATE:3n~/el REVISED JUNE 20,1083 REVISED JUNE 30,1003 '~' TNfS DOCUMENT OR A PORTfON OF THIS DOCUMENT IS OF POOR SECTION 23, PREPARED FOR: NORTH LAKE /BELLE PLAZA J.V. Go MR. DAN SOLANO P.O. BOX 428 11505 C.R. 574 MANQO, FL 33550 ~` 4 ~ 3 ~'~ m~ ~h ~~ ~~ ~~~ ~~ ~~I ?.b0'Y/' ..c... TOWNSHIP 29 80UTH, RANGE 15 EAST PINELLAS COUNTY FLA. ,OFF.REC.BK 8324 PG 871 . N b R T H sc~.uE r- ao' ~ ,. ., esaew.u.~ : :¢"ti ! _. ;{ = `.•`700.00'_-_...----____~__-~- ~0/3'.' .{F~~' S.00•t/:!/O'E, 101. 1G' . •:~~,~ A.~Dd.Jd' ~, . C. ~I9.Od' ' .' ' ' . o~ .`: Q ~ a • ~' H `, EXH1BiT "F" ~,~ ~:..,(~ON-EXCLUSIVE OADyyAY EASEMENT .. (NORTHERN) DESCRIPTION: par~lrland in the S,W.# of Section 23, Township 29 South, Range l5 <` E~is•L,, Pinellas County, Florida, being more particularly described as follows: ~•l:ortime-ue .at the northeast corner of the S.E.# of the S.H.# of said Section 23, ''~, and go N.89°-07'-57"W., 800.38 feet, along the horth boundary of the S.E.# .. `af the S.W.} of said Section 23, also being the centerline of Nursery Road '~-ta~the Point of Beginning; thence 5.00°-21'-40"E., 350.44 feet; thence S.89°-40'-43"W., 33.71 feet; thence N.00°-05'-22"W., 297.99 feet; thence along a curve to the left that has a radius of 35.00 feet, an arc length of 54.39 feet, a chord length of 49,08 feet, a Chord bearing of N,44°-36'-29"W,; thence N.00°-52'-03"E., 18.70 feet to a point on the north boundary of the S.E.} of the S.W.# of said Section 23, also being the centerline of Nursery Road; thence 5.84°-07'-57"E., 66.16 feet along said north boundary•(the centerline of Nursery Road) to the Point of Beginning. . \~ LaBELLE PLAZA • LLOVERAS, BAUR and STEVENS ENt31NEERS•SURVEYORS 29208 U.S.19 North Cieerwater, Florida 34821 Phone: (813) 784-3985 Fax: (813) 784-5153 EXHIBIT "F" ~ 1 NON-EXCLUSIVE ROADWAY EASEMENT(NORTMERNjscau::1•.so' J.N. roan DA1e:3n~~e1 r Rswsea: ulrr,l4i _ ~~ rv~ eo: r REN§ED JUNE 20,1003 REVISED JUNE 30.1093 "r THIS DOCUMENTOR A PORTION OF THIS DOCUMEN ~ ~S ~nlgl FOR Nnlr+mi Sw:ary M lhylaxerrW Cnpeann Ilnrle F.i~PmrMrq snaxq f tee1R Waai IMhMm CwMd Aef(Kllllrn M~a~r:m Sroxry of Cni G~pnaL+e rwrL. spry aI Iholeesiaal Lnd sawl.~a Ixrryu l4ry SocNry of IMdneLnall.rvH • S~exryax /YIMMr'J111 Urhlrese a SaM•yrq rorl AL,fPMI ,~. Englneer6 •`..Sy.rv~y~-,s ~_~~ 'n, pINELLA5 COUNTY FLA. ~., Oi'F.REC.BK 8329 PG 872 Jerre 7.9, 1993 •;, ~~ ' - . ~,.., Ednwnd S. Whil.son, Jr., tagfi,il'e.. 't Whitson & Whitson ` 309 S. farden Avenue Clearwal.er, fl ItE: Labelle Plaza/Wh~i b.~oii,t'rgjierl.y pear Mr•. Whitson: ,. ~. Dared oll informal`ion`:a,lra't I have received from Pinellas County, the sl.ornl ch•ainage zy51.~i?IU`~s1}ong Highland Avenue and belleair Road is presently ope~~atecF-..end=inainlained t,y £he Pinellas County Highway Department. %~fl+i~;.~~s+sling drainaye piping system on highland Avenue and lie l'~iea'i,l•`itoad serves Lhe oul.falls t.o l.he exisl.ing Labelle hl'~zb.,<h~~t`illiige del.ention areas. Vrry lr•tfly'yvur`§•,. .... . ll VC1AS,'~Itl1UR~ANU STCVENS .~',,~'~.~:'...' ~ , 1-~.~ _- _____-_-._____ "$and~y:" t loveras, P.C. ~'••~' F.tQI.12t:LrRegisl.ered Cngineer No. r;50£; ~.ccr-' $r9.ephen Jaeb :.:•'Dolra Id 51. i I lel• Michael bedke, laqu ire .SL:dn ~ ~ _ ~• EXIIIDIT "G" Country Vil~i P6un • 29226 U.S. Hwy. 19 N.. Cbarwabr, F61.34621 Pilrellis; Plrono: (813) 764.3965 • Pasco: Pllono: {813) e42.7635 Telo4~z (619) 784.8159 ~R~ \o y~( 3 V 4~~~~ CITY O. I'' CLL A R`VATER POST OFFICE DOX 4748 CL"L'R'~R~fNATEq, FLORIDA 34816.4748 PINELLAS COUNTY FLA, June 25, 1993 ~ OFF.REC.BK 8324 PG 873 Mr. Steven Jaeb -;,-• I Northlake/Belle Joint Venture ~ -., >~~ ~; 11505 county Road ~` 574 Nango, Florida 33550 RE: LaBelle Plaza Dear Mr. Jaeb: ' The City of Clearwater'pwlis acid maintains the following utilities adjacent to the LaBe13e 1?laz~i site: s °, Highland Avh•~ue ~°:.`• - 8" water line Nursery ;Road ;:'•,; :' - 6" water line BelleaiX toad ~`; ~~ -- 10" water line .. 8" sanitary sewer On the LaBelle"~P3:aza,,s~ite the sanitary sewers are private and the water lines are`~owned and maintained by the Cfty of Clearwater up to and includi:lg ;the' fire hydrants and meters. Please conta~~-;Bo2i~Maran at 462-6030 if you have any additional questions:;~cotScerning utility ownership and maintenance. Sincere ky , ~ '- .;, ;: ..' SVil1iam `~:' 'Baker, Di~eCto~r Public Works ,wcs j~~M~,/~j lp c~:, - ~'Mr. Sandy Lloveras Lloveras, Baur & Stevens t 29228 US Highway 19 North \q~ Clearwater, Florida 34621 ~( ~ , ~~ Jre6.rjra ~ ` ~!~ ( EXHf91T G-/ ~~~ G~~°l~~ If ~a ~~ "Equal Employment and Allirmalive Action Employer" SECTION 23, PREPAflEO fOR: NORTH LAKE / BELLE PWJ- J.V. clo MR, OAN SOLANO P,O. BOX 426 ' 11505 C,R. 574 MAN00, FL 33550 " `_ '~ N 0 A T H sca.e r. ~o' _:. ~`'r \Q~•:.; . ,~R. ` ~laesal 1a ` 1 ~ ' • Q ~ ;` .. O M ~,t ~ •; N , ~ ~ .. `{ '' , i i :~ i~ J 4Q. ~: ~ . O ~' R i .. ,3 OESCRIPTION•' '`•" peree o.' end•Art thr'S.If.'i of Section 23, Township 29 Soutli, Rengs 16 heir„ P1nelles County, Florlde, axing Hare part{tuiorly desertbed,es fo l.oKSt Caemenee et the northeast corner of the S.E.>a of the S.W,q'~df Seetlon 23, TownshlpoZ9 South, Renge 15 fast, pldellita,. County, Florida and go 11.09 -07'-57"N. , 800.30 feet,~elong•,tAe eente611ne of Nursery Roed; thence, leeving said ceritgrllner 5,00 -21'-40"Ed, 350:NF feet to the Paint of Begi~nin~;`thnnce continue 5.00 -21'-AD"E~, 10.00 feet; thenca 5.09 -40 -43"N., x67.09 feet: thenee~N.00 -19'-17"M., 10.00 feet: thence N.09 -40'-43"E., 263.00 feet to the Point of Beginning. ............. GN.00'/9'/4"W. 0 ' ~+1 ro • ro '.t1 M . n ~ x wn~ NO' ,P C . G's ~ '~ V• I~~ EXHIBIT "H" LaBELLE PLAZA "TEN FOOT STRIP" EXHIBIT'H' - "TEN FOOT STR1P" `~~ ~~ LLOVEflAS, BAUR and STEVENS ENaINEERS•SUgVEYORS 29288 U.S.19 North Cleelwaler, Florida 34021 Phone: (813) 784-3965 Fex: (e13} 784.8153 SCALE: 1" • 40' J.N. 1&871 DA1E: 3I27~81 29 SOUTH, RIINOE 15 EAST REVISED JUNE 20,1003 REVISED JUNE 30,1803 PZ{~~LLAS COUNTY FLA. OFF. }3EC.. BK 8324 PG 875 ~•.. _. ~f PARCEL A: A parcel of land Iyzng in ttie...S5~,.1/4 of the or Section 23, Townshi? 29 5o>ith; •~~~nge 15 East, said parcel being recorded in O.R. 13ooft•:.9&~t~, Page 442, Pub~.fc Records of Pinellas County, Jr';1dr~.ds, further described as follows : Begin at the southwest•.:aa.~ne'r of the SE 1/~! of the S(V 1/4 of said Section ?5 and .r~uit'°~~ 89014' ~7" E, along the centerline of Belieair Road,:, 5~ai~. centerline being the south line of said Section 25, a`r~stance of 724.13 feet; thence Y OOo45' OS" E, 50.00 feet t;o~ the north right-of-way line of Belleair Road and the P.O.B., thence K .00045'03" E, 192,00 feet; thence N 89014:'"S'~'!.«;~;180.00 feet; thence S , 0004x' 03" • SY, 192.00 feet ; tft~nce~ S'' 89014' S7" E, along the north right-of-dray Jane o:E~ ~•B,~,1J.,et~'ir Road, 180.00 feet'.to the P.O,J3. Containing 0.795 acre`s MOt. ;,. .., ,:' . ..,. EXHIBIT "I" '~. ~~•i. ., \'~~~ ~~4Y ~I~1 SECTION 23, TOWNSFIIP 29 SOUTFI, RANGE 15 EAST AI.f. CORNER •8,f. t// • S.W.w PREPARED FOR: SfCTt0U29-2.15 -` NORTH LAKE/EiELLEPLAZAJ.Va3 ~ PINELLAS COUNTY FLA. c%MR.OANSOlANO ,~i. 4 ~~ ;` `~FF.REC.E4K 8924 PG 876 ~),;. P.0. e0X 428 ~'~' ~ ~ - t 1505 C.R. 574 ~" ~Ig~ h e Q :...T`.. ~. ~,:~ 0 R T H scaiF 1• ^ ~o'. MANGO, FL. 33550 ~ ~ od 0 N ~ .,::::: ~ ~:ep'~e'3.5•w ~~~~ 4~ WICC - - - , EXHIBIT "J" PYLON SIGN EASEMENT DESCRIPTION: parce o and in the S.N.4 of Section 23, Township 29 South. Range 15 East, Pinellas County, Florida, 6etng more particularly described as Follows: Conmenee at the northeast corner of the S.E.k of the S.N.ti of Section 23, Township 29 South, Range 15 East; Pinellas County, Florida and go N.89°-07'-51"H., 800.38 feet, along the cente~llne of Nursery Road; thence, leaving said centerline, 5.00 -21'-AO"E., 108Q57 feel; thence 5.00°-44'-35"N., 192.00 feet; thence N.B9°-15'-25"M., 25.00 feet along the north right-of-way line of Belleau Road, to the Point of Begl~ning; thence continue along said north right- af-way line, N.89 -15'-25"H.. 5.00 feet; thence N.OD°-44'-3~"E., 20.00 feet; thence 5.09°-15'-25"E., 5.00 feet; thence 5.00 -A4'-35"N „ 20.00 feet to the Point of Beginning. ~,-aBELLE PLAZA EXH181T "J" PYLON SIGN EASEMENT \~ LLOVERAS, BAUR and STEVENS ~ ENGINEERS•SURVEYORS 29288 U.S. i9 North Cleatwate4 Flotlde 34021 Phone; (813) 784-3965 Fex:(813)784.8153 SCALE: 1'^AD' J.N.1a077 DnTE:9n7re1 REVISED JUNE 28,1883 REVISED JUNE 3D, t893 '~' T'IIISDOCUMENTORAPORTION OF THIS DOCUMENT 1S OF POOR QUALITY AMD MAY BE ILLEGIBLE. *. •} ., INST ~ 93-188733 JLY 1, 1993 5:34PM PINELLAS COUNTY FLA. OFF. REC.BK 8324 PG 828 (<c.~ . ~ J ~,~ S1DEIVALK EASEMENT'-_ `~`:_ ~ ~ _~~ .. THIS INDENTURE made this, C, d5y,.of:; ~,fLtie 1993, between o;l.;.c:c::::;:o EDMUND S. WHITSON, JR., 309 South Garden ~1.ventfe, Clearwater, FL 34616, of the !!~ .~_L7S? County of Pinellas and State of Florida,~`~partq ~ot'the first part, and PINELLAS i'~'~~~__.__.- COUNTY, a political subdivision of the SS.a.fe, of"'Florida, ATTN: Engineering -Right ~'~~:,.__ of Way Division, with offices located~at ~335`Court Street, Clearwater, FL 34616, 1f1~.;i_/~,j.b. party of the second part, . J 1VITNESSETH, that ..the $.flid party of the first part, for and in ~ and other good and valuable considerations to consideration of the sum of One Dollar• u~ ~ '• •..,..., .these in hand paid by the ~~said,parfy cif the second part, the receipt whereof is. : : a U a , , . hereby acknowledged, do;°s~ lae`r:,eby grar:t .and release unto the said party of the ~ d H a k . second part, a perpetual,,;riola:~e:ccJusive sidewalk easement for the existing sidewalk ~ p a location over and acr~ss~•-..tfie~~ following described property, lying in the County of yC ~~ ~ Pinellas, State of:'F•larida~,: ~~to-wit: N !! f 6 ~ O aWa U ~ ~ attached Exhibit "t1" `~;'`5b ~ . , y a ~ °' ~;' ~'Wii~out limiting his general rights to use of the easement, grantor '.. ~ ' cn ° , ,., reserves all rights to construct entrance and access driveways across said specific~l(y H ¢ rn o ~ a: - • :........, .. asement,~;'.together with signs or other allowable structures which shall not e ~, . lk d "' ewa s. ;permanently obstruct the use by pedestrians of the actual paved si ova ,.i a ~, ' ` W w a ,_UtrEamonprry 'rdx Pa. o~_ 7__ _ ~ . • ~~~ ~ ~ ~ ._ ~ ~-• - ••---._-_ ~ Intnnn!hle Tar Pd. e~l}' •....r, r. ar:(r~.:,,,.. clerk el ~ . yy~ r,,u,~ c,,,,,,,, 3C0118o9 JAR 07-qi-43 16:24:16 tly l ~~{ F 2 pry~uty Clerk ~1 ~AS' A REGORUING ~ 1 $15.00 ~ UI.1G STAMP COLLECT-!)R?19 3 $0.7Q H --- TOTAL: $15.70 ~' KARLEEN F. DESLAICER, CLERK CHECK Ah1T,TENDEREO: ~i5.74 RECORD VERIFIED BY: ~c) CHANGE: $0,00 Ri~~~ CF~~ n~ ?~4~ ~` ~~,._ OO PINELI,AS COUNTY FLA, OFF, RRC. Bl( 8324 PG .829 IN 1VlTNE55 WHERCOF, the said party ot.:.xtic •T,irst part has hereunto set i _ his hand and seal the day and year first stove written,_~ STATE OF FLORIDA ' f COUNTY OF I-~ -LL5(~~~C~ur~~ ,' • ..~: I hereby cartify ghat ~on this fay, before me, an officer duly authorized to administer oaths•..artd;~take~ acknowledgments, personally appeared EDMUND S. 1VHITSON, JR. ~vh~,'ispersonally Known to rne, wlio executed the foregoing and ' acknowledged tet4re ine that he executed the same and that an oath (was) (vas not) taken. ` .1V1'Ct~f'~SS my Band and offi~:ial seal in the County and State last aforesaic~,,th1s.~D`l~ day of 5U1~~ 1993. Notary Public .; ... I .. print SEAL State of ptoriiJ, r•CKATHEFiIN£L.RU89Et,1. `~ ~P ,yam g My Comml~don Explrol Sept. S, 1996 My Commissl~};t; ,. t'esDComm. No. cc 143428 Printed .Set-~„n _ ~ ~,~' ~.~.,1. ~ - - • Signature „ Printed -AkAn1~5y. f~c~.~.p!rL Sighed, sealed-and delivered in the present Signatu Gr.r i v ORIGINAi. RECEIVED DEB ~ 2 Z00~' PLANNING DEPARTMENT CITY O~ CLEgRin/gTER ;, .~ + . ~~: ~~F',-:fn ~: .:• r ...: .. .. .. .. `. • .,I BEOT/O,t/ 25; TOWUS!//P 14 9CY/YH, flA.r/d'E' !B EABf ,,.,.,~ ''z . L~ .t;,1 , PINELLAS COUNTY FLA" .~•'~ uE.CORNER-~'.!*- " OFF.REC.BK 8324 PG - !,;`-~' ,~ ~~.. SW%a•sECridN73•°'w-i~,,'' 830 ~:; ~ ~ o ~, ; b 0~ ~ _ f t+ ; ~; S.Od'PI ~;l ~~' N « / ~~ ° ~0 ~yy, ,o ~ ,. ~ ` `p ~•-" \ NORTH CAKE/BELLE . ~4o I >~;~~ - ALAZA oAR['EL .~ -as~va[r F/rr,~rcur y ~,• ~ ~..: ;WNITSOAI _ 1 BOLT ~ b '' r' ~ EA5E.i9E!/T a ~ a 1 o.rcavr. cuaa Q~ - m0 ~ 5.'/S°05%3c• 5.00'/?5/"E.: ~ /~O.GS' - _ N - ~• E. FlGrLr. hF•naV uN: NICNCAr/OAYE. ° L4BECLE PG;QZA !:' ':~/QRT~/K/E5'T 5/DEWAIK ~EABE/t/IENT EXN/6/T ,NDRTHW£ST S3UCWn1.r~ f.nSf1•tl:Nr D£5CR I l''~ I l)N :~ :,~;a~ parcel of land in tha ~.W.J of ~er.tirul 23, township 29 South, ,.R~nye` 15 (asl. I'inrllar. f.nunty, flw ida, bainq mm•r, particularly Hescrib~d as tollons: (:unttu>nce al Llrr.,nurtlreasl corner of the •.`'•5.~.~ of the S.W.; of said Sert.ion 73, and qn N.Ar)°-U7'-57"W„ •`d300.3f3 fer.t, along lhr nnrlh boundary ilf the S.F..; of the S.W.~ „` ~( said Srrt.ion 23, a Ito briny the r.Pnirr 1 inr. of Nursery Read, ,:Thence S.UU"-?I'-A0"£:., 360.44 fer.l; thence S.R9°-40'•43"W., ' 263.09 feel; thencr ;.0t)"-19'-3!"L•„ 7rl.£tl feet; lhenc.c S,Fi9°-4D'-43"W., 74D,70 frr.t, in the 1'urnl. of Beyinniny; thence continue S.f(9°•4(7'-43"W., 4.f1U frrl lu a paint on the east right-of-way liar of Iliyhland Avenur.; thenr:e N.03}°-19'-17"W., 1413.00 (eet ninny said earl. right-uf-way ling; thence leaving said east right-nf-way line gn 5.15'•U5'-13"F.., 7.(1.03 feet; thence 5.00"•02'-II"W:, R.00 frtnt; thrncr S.£t9°-40'-43"W., D,20 feel; thence S.0{)"-I1'-51"L, 110.65 fort. In Ule Point of l;eginniny, rH~iS /9 near ~ BaRV~~ aa~vrREO FOR: ' LLOVERAS, BAUR AND STEVENS •UOAIHL/rdC dfLLEi'CdIA~/.1'. lRirR11R1-1YRV[YOR~ ~/0 A1R. Od,V 9dLA.VO tai2d V.a. NRT. la RORlN DIURY/ATIR, llORIOA Mall a G•BOX OCB IlIDRL~ Ta ~•111D' !(507 C•R: J7Q AtvUrOwa DRAYrw aY°';{y ~ ' ,/,(/ /8877 MANGO, FL. 33550 ' DNICRID.IY • DATt r tit/Lip%7~'~?~, / •'~(J~~ I IUIf~ /~"=C~ i •~•~ ,. ,' ORIGlN,gt REG~F--.~R ~~`~ "21QOT ~~~~i~~ ~~ AF ~~~WAlFR ~ . ' ~~. C F'INELLAS COUNT`Y~ FIA. ~ *** OFFICIAL RECORDS *** ' INST # 90-Q629..93s, `• BOOK 7218 FAGE 1527 FOR AND IN CONSIDERATION~,of~•-thy sum of One Dollar ($1.00) cash in hand paid to them ~., r,::the receipt of which is hereby acknowledged, and the benefits to be derived therefrom, NORTFII,AKE/BELLE PLA7A~:..,.7:q:, A FLORIDA GENERAL PARTNERSHIP ~, P. Q: BOB 428 ~, `'34ANGQ,' FIARZDA 33550 does hereby grant apd'-;co'nvey to L•he CI2'Y OF CLEARWATEIt, FT.ORIDA, an easement over, under and acroi;s the following described land, lying and being situate; in thee. County of Pinellas, State of Florida, to-wit: A Tan (10') foot ==wa'ter` main easement lying 5' each aide of all water mains up~...,to'°and including all hydrants and meters, but ', excluding any,!wat~s.:.-rriains that may lie under buildings or within ', five (5) feet' "o€., buildings, AND an .ingress and egress easement for refuse and ga~bag~:collections and City of Clearwater service and utility veh~.cles, all lying within the following described tract: ~ > ti A parcel:',•of;~land lying in the Southwest 1/4 of .Section 23, °~° ~, Township ,;2.9 ~&outh, Range 15 East:, Pinellas County, Florida and C• ~~ being more'•;par'ticulazly described as follows: ~' ~ ° Commeric~._ apt ' the Northeast corner. of the Southeast i/4 of the ~= ~' ~;„ Soutti~est' 1.%4 of said Section 23 and run North 89° 07' S7" West, ' alo~-g tFce' •centerline of Nursery Road, a distance of 800.36 feet to E ` ~ u~ a ,po-7~t;'~;leaving said centerline, run South 00° 21• 40" East, a ~ ~ distance.-'of 350.01 feet to the Pb1:NT OF BEGINNING. c. ~ ~.s Theii~e,•aontinue along the previous course, a distance of 729.93 ~ ~ point; thence run South 00° 44' 35" West, a distance of ~, 19.x`.00 feet to a point intersecting the northerly right-of-way ~~ine..'of Belleair Road; thence run North 89° 15' 25" West, along said right-of-way line, a distance of 295.11 feet to a point; leaving said right-of-way line, run North 00° 19' 17" West, a distance of 192.03 feet to a point;. thence run North 89° 15' 25" „west, a distance of 210.00 feet to a point intersecting the :,,_1~;~7Cj_eaoterly right-of-way line of Highland Avenue; thence run North ~~ ~~ 00 19' 17" west, along said -right-of-way line, a distance of _~ 498.67 feet to a point; leaving said right-of-way line, run North l~'~~-89° 40' 43" East, a distance of 245.00 feet to a point; thence run North 00° 19' 17" West, a distance of 221.81 feet to a point; thence run North 89° 40' 43" East, a distance of 263.08 feet to, the Point of Beginning, containing 8.524 acres more or less. ASS ,,-~- The CITY OF CLEARWATER, FLORIDA, shall have the right to enter ~~ upon the above described premises and to construct, install and ~~`_. maintain thereon any water lines and to inspect and alter such ~` ^ water lines from time to time. _ - 1. - - ' KARLEEN F. L1EHLRKER, CLERK ' -- NAf; 8, 1990 4:2SFM ~~ ~ o t'PA 'n ~ C' ~' CC< 'o ~ ~~ 9 • © ~~ ~~ ~ ~ ~ G ~ C 7 ;a ~ G 7 .~ + ... ~: ' . `~; •`s *** OFFICIAL RECDkTtS *** &OOK 7218 FAGS 128 IN WITNESS WHEREOF, the part]%iiereto has caused these presents to be duly executed.by its pro~-ex officers thereunto authorized and its seal to be hereunto affixed, this. 2 6 -~. day of sr~..,, , 1990: ~- Signed, sealed and del~itered> JFI LAND COMPANY, A FLORIDA in the presence of: -. ': "' CORPORATION AND GENERAL PART- ' '~: NER OF NORTHL•A~/BELLE PLAZA, =',. ~.. . _. J . V . , A FLORIDA GENERAL PAR'i'- NERSHIP By: -~. P' N L. PRESZDEDfT ... .,~. +;~~i v: u i i i ii i~ ii,, -~ / . ~'' •.., •~ ; STA~E ++ COiINTY bF ~ tI.I,SQQD~XSH ,. ~:~~"„` $g£oie me, the undersigned. authority, this day personally ;,,appeared Mr. Stephen L. Jaeb,` to me well known and known to ~.,~ae to"'•~'be the individual described in and who executed the ' 'foregoing instrument as President of JFI ''~• I,arid.: "Company, a Florida Corporation and General Partner of 'Narthlake/Belle Plaza, J.V., a Florida General Partnership, named in the foregoing instrument, and he severally acknowledged to and before me that he executed said :instrument on behalf of and in the name of said corporation as such officer; that the seal affixed to said instrument is the corporate seal of said corporation and that it was affixed thereto by .due anii regular corporate authority; and he is duly authorized by said corporation to execute said instrument and that said instrunent is the free act and deed of said corporation. , IN WITNESS WHEREOF I have official seal this ~hZ, day My Commission Expires: Nmary Pataic. State ~} F~crrda At l9rgw MY C9mn:.:.r.r• ~o~.i, : GC :7. 19Qv hereu to set my hand and affixed my: of ~ A.D., 1990;. .si~%~ ;' r ~,l •;t,:~~ 9t~ ~ q"'. ~, :.~~r. .•~ n '~'t ~~ W GA i~ ~~ N ~ o -e c D ~ ~ ~ m Z :o p m a ~'"~!"~ - ` r ' ~Q ! ~~~ v=, ~:~.li Edmuno S , 1Jh i is On , Jr , - *+' uI>s ,7<.' EI,Eh+~C,r,tu~ii,utlitT ~3d$3394 LTL 23D KV Line (Largo'Sec.) ~ a` Z3 :12 23 PH'83 i:AS~riEri~r ;~•~-579 r1,j i30 . " KNpW A{.L MEN BY,TH~E PRESENT, that the unriersi4ned,~his heirs, successors . ~ 3nd assigns"(NTpR•herein}, in cpnsfderatign of tkc+ Sum of 51,00 and Othetc•valuabl~ consideratigns, the receipt of which is" heceby acknowledged,~arants'-^nd cprivayi eo Fi,ORIpA POWER CORPORATIpii,.its Successors, )essees and 85signs (GRdNTEE herein, the right, privilege and easement to construct, reconstruct operate and rf'dlntain in per- ' K Petuity•8 Sing1E supporting structure within two 2 6 i't. x 6 ft, easement ,areas, together with attachments dnd dCCes5ories {n connecti0fl th¢r¢with, Over, upon and acro55 the following described lands in vinellas County, Florida, and referred to hereinafter as - the "Easmnent Area", to wit: .~ , c - THE SPECIF'IC' INTENT QF THIS AfREEMENT is to provide for an Edse- a-ent Area at two-{p) locations on {,ryntor's land as shown on -••• - -- • - FPC Dra+aing irT~161~8-C, attached hereto, '(ncorporateti-herein; - ' and by this reference made a part hereof. ' with the right to in$pect, alter, improve, repair and rebuild the facilities within ~~ ' .said Easement Are ,including the right to increase or decrease the number and type ' -- of Wires dbd vbTt~ge. • u ~~ GRANTEE shall have all other rights and privileges reasonably necessary or ' • convenient for the safe and efficient operation and maintenance of said electric trans- mission ar~d distribution.lines and related facilities, including the right to trim, cut and k~l'p clear ltmbs and undergrowth along-said lines. QadxRrKt~QRxfMaYrdkKgxtMe oaer,~,czar,~laaxai~kxtaxaax~Cxp}~tx1L~iaricDCgxlc~Lxd.9~xOCfx~xfaRADli:9RxYaxxgkpxpMKpa9ctlxMR ~ . a~ioci~cgxthatx~kgdx~y;~jcpcivtxy~cttifild;. - , ,, . GRANTQR shall not utilize the Easement Area in which the facilities are located _ •in any way or manrrer which would create a dangerous condition with respect to said •~ - facilities or create anyy interference with the construction, reconstruction, removal, repair or safe operatio-1 and safe mai~tensnce• of sai~d• fectliti~es. ReRuest for any :~ utilization of said Easement Area will be submitted'i.n writ~iog to GRANTEE and GRAtITpa ~ ~°" '~..-a~rdes ~Q'r~ii~jurz<p raaurFF---nr'~'Eivrat'tr>'n~•~~he f~•ci9i,~#~vs-neCessitsted b - _ _ GRAt'TOR'S planned utilization of said Easement"Area, aadxSRRMX~Rx adaalxlzal~#t~'c:dxaCyrKira~xfto~x~xaa~xalckxdmxxgasxaadxk~o~xxa*Yxrdxat~aKxfLaxp~a~cexixak • pramaLefpRxxktcimgxf~xxi~o~ataerzooaxrtici#xt#axi~acaickictx.sxb,~xflWrDt7cflli~i;xic#xaga~rtsxart ,, ea>{Cdltoaaooor, . ,. GRApVTpR warrants and covenants that it has the right to convey to GRANTEE, this "" Easement, and that GRANTEE shall have quiet and peace/iu1 possession, use and enjoyment of the same. ~ , , • All covenants, termsM provisions; conditions herein contained shall inure dnd extend to and. be obligatory upon the heirs, successors, lessees dnd assigns of the respective parties hereto. Easement given in lieu off condernnatian proceedings; T '~ '~ WITNESS WM~RE .the said GRA~ITpR hds hereunto affixed Its hands and seals this ~ day of , •1983. Signed, sealed and deliverer( in,the presence of: Y --i.~- ~' { L . 5 mu , _ 'J (L.5 ~~ ~~`- ~ - '~ ~OCUrr14rtliry Tyr P~, t, I State of FLORIDA ) ~`•'~"~"T"~ '• County of pINELLAS ss K;,';'""'"""""• ~N+~o~i+I~ 7a, Pd. p0'dlgnt r~ Ch"r. I'n•. ~t Cn~nty I OY ..~.... , .... DePu tr Cik~ The foregoing was acknowledged before me this „ day of 1983, by Edmund S. Whitson, Jr. tqy Commission Expires" ~ ' 7.. SWto of FTa~I• ,I' La•yr , - ~~ ($ ESL) 11 ~,~ ~ ~ E,uces C'1 Jr ?s8) ~y r }~.~ ~..~ M .. - . - .., ... ~ ,~•r tart' u i C J •a - .. I .1 , i, , 80 /b0 3J17d SQ2i0~32i ~ldo>:~~o >;5bEE5bLZLl: ,.. ' oRr~INA~ RECEIVED FED 02100T FLLAh1NING pEPAt2t~ENT CITY AF C~EARWATER J w Z0 r51; 900Z/~1;/90 ,_ / ~' ~, ,~ .. ;. ,. ., } .. ~~ . - ~ ;. ~ i Y .~ ' ~ ~u ~~` - .. .. a :j''ifi.r~ ~ ~~ t 4 t v ~ ~ Fu' ~ F ~ i Y' i t= ~ ~ ~ . k u ~. ~,r.....~ ~ s j ~- .,may ~ ~ ~ a'6~ i:~~6~ ~r p du'~ ~~"`. w _ aM /i1 is ~ v~'i'~'-t$'b~ y Cj ~ n off' ri a ~ ~~ iy w 7'\ '4 ? '~~~ _~~~n v ~rof ~ r ti F~ + oy ~ a~ - 0 ~ ~ ~ ~~ ~ ~ Yy 4 M • S„ • _ ~ ~ 1 Mi .~ ~ ~ ~ ~ '~ d ~C~~r~ M6y~ a L ~O c V E .f~3~ ~ I ~~ ~;~y Si $~ e i ~ ~ a ~ ' ;u; a ~ w x~;.-srv 1 ~ ~ c ~ t , » ~ C~~ ~ ~ ~ w f . ~~~ ~8a~~^ a k i yy 1g w A r~ S~ a 1n A\ 4 ~ `~\V~j r ~ ja A l • ~ ~ : N ti~ aAk ~ f~ +~: 1 y 'MO y~ aR "B: ~Q ~ , i +I r ~ Q g~ : ~~~ ~ " h k _ . ~ j~ ' r i `;^ :~~ .} C~h 4 r~ V ;. ~.._.ry - - t~~ ~ o Y•b } o~ ~ h e e ~ t~6s ~ -.+. M \ V~ ~ . V 4 . l ~ i ~ t ' ~ g~ F ~ ~ ~ ~w - ~ - ti ~~ .. se/50 ~~dd SQ2~0~3~1 ~17~I~~0 TSbE£SbLZLt Z0~5Z 900Z/£T/90 ` ~ j: ~ t, __ r~~4 ~' ~.K .. .- ..~.... ..... .. n.. y. » 1Yn' ~7~-+~-iY")~L S`~.,.. `-~. '~::?i.}q -vi.!E. ^'A:~~irv .. ~... -. nv.. ~ ~.e. ~aue. - ._..:1 ...:•IY~`::*iy'7^!~:'SR?E~'~~'~~li'C~. _ .. 4'~ ~, .. µ._. 6'7 8455'7 o.R 2~9fi Part 44~ ~~ ~ja EASEMENT -DEED ~~ ~~ THIS INDENTURE made and entered into this 16th day of October, 1967, by anal between Florine Nelson , in the City of -- County of Pinellas, State of Florida, party of the first part, and General Telephone Company of Florida, a Florida corporation, whose address is 610 Morgan Street, City of Tampa, County of Hillsborough, State of Florida, party of the second part: WI TNESSfTH That the party of the first part, for and in consideration of the sum -; of One ($1.00) Dollar, lawful money of the United States of America, to it in hand paid, the receipt whereof is hereby acknowledged, as well as other good and valuable consideration, does hereby grant, bargain, sell and convey to the party••of the second part, its successors and ~ 1 assigns, a perpetual easement for the purpose of constructing, operating ~~ ;',, and maintaining buried cable facilities for the transmission and # _ ~ :~~~, distribution of communications and electrical energy, and other /, 'S appurtenances incidental thereto, with full right of ingress and egrets ~ thereto; over, upon, across and under the following described .property in the County of Pinellas, State of Florida, to-wit: ',4 Commenaing'at a point 40 feet"south of the northwest .corner pf the NWT ~ . Q~~r off the SEA of the SW~ of Section 23, Township 29 S, Range lip E, thence ' ~ ate.` ' ~ ~ e ,7 ~~,'~ st for a distance of g58 feet, riore or less, to party of the first ~' ~. ~ ~~i.t"t's present westerly property . i ne; thence south for a di stance o=f 1{> `€3~ ~ t... ~; .. meet; thence west from .party of th f~;rst .part's present westerly `•~~ ~ gib.,, ~~~~'nperty 1 Brae 958. feet, more or iss -, to the center of High.tand ~1~~°~'i~`~~# ~ ' ae i t +~6W~x~ s is y thence ricsr_~h :for ~, ~fl~sta~sc±~ of 10 feet to a ~~c~?i ~,~ ~ .. be F~. ~~a `#'~~~,b°f way, to a;~ ] ~1~t~tf i ng Toad~'J°~t~~f`~~£r~:et`~~~~~ ~ ~ ~ Y, , 4 C., y~,.4'~. ~ ,t~ ~. ,t{"~~ K'.~ s >~.~ ~A'b~~'r'~.~~q~~`'# 9$'~~~'~ ~~. ~~-4 3E ~t J~ flI`` ,a ~ _~ sus - .~ ~ '~,33'~ ~ ~~'~`~'~<'~i ~,~..~'~, 'T7 1 ~c w .. ,.. h ._ ., ..;:~eereA~.~~~~z.~u..',.e~.. .~a:.~_.,~....v. a. ~'~~'.~'a.r_. ~s _~. .~. ORIGINAL. REG~n^r PLAIVIVI~~; ur~~„~ OtTY CSI' ~~, • ` T together with the right to alter, improve, repair, rebuild or remove such lines, equipment and accessories, together with all rights and privileges reasonable necessary or convenient for the enjoyment or use thereof for the purposes above described, including the reasonable right to enter upon adjoining lands of the grantors for the purpose of exercising the rights herein granted, to have and to hold the said easement to the party of the second part, its successors and assigns, provided, however, that if at any time after the execution of this easement deed the above described property ceases to be used for the purpose herein enumerated, then, in that event, all rights under this easement shall terminate and the same shall immediately revert to the party of the first part, its heirs, administrators, successors and assigns. The party of the second part further agrees that if any damage to the property of the party of the first part described above shall result from additions or removals, such damage shall be immediately repaired to its original state by the telephone company, at its cost. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed iri his name and seal affixed-the day and year first above written. ' - WITNESSED BY: :~ ~,~+ . y 6 " ~.xi; ~ 1::. ~'~~ .. _ '~ d9 `a~ ~. ~ '3 •. y Z7 ~.... OC7SB~~~ ~,E ~ ', ;s r ~$}i 4r~1,, '~ .~,.~.,_,_r . ~. ~~ ~~ ,~ ~.. ®RIGIIVAa REGEIVFr FED n2 20Q~ Pf~41VNtE~~ ~~ ~~,~ ~ ~;,, ~~ip . ~.. ~s; 1 - ~A,,,.., ~. .. ~... ~.. .y .... ... B STATE OF FLORIDA COUNTY OF PINELLAS .._i. £~ - °~ n.~ 2fi96 pA~~442 I HEREBY CERTIFY that oa this 16th day of October 19 6? , before me, the undersigned authority, personally appeared ~ , Florins Nelson to me well known and known to me to be the person described in and , who executed the foregoing instrument and who acknowledged the execution thereof to be his free act sad deed for the uses and purposes therein mentioned. WITNESS my hand sad official seal the date aforesaid. .. ' ~.. 1: 1 .C ... iJ.'~ ~.~ . ~~~rtf l ~'.. . ~ Y 1 .r ~~~( '~~ -. v G S ~. 1Qotary ~__ "_`" c My Commission Expires: . Notary Public, Stile of tiaidi it ~ . W Commission ~ Jobe- t4, 1970 iendN h AsrMun. pry i 4tuJh Co. `fL:~ _~ ... "t« .- ~ ., ~ ~ a ~. ~d. ~..,,a ,;~ ,,yevJ .... _- Yi~?d±.,. Y.. ~ ~~t' ,~fxk w;^2'e~f.+f~3~.Y25~~ ,.. F r /" PLAIV-,N/NG pErhk, CI1Y o~ ~ d~Vi~i•~'~' 6~~~Y~r~ to iii x t) r_ L~ :n f-- •~: _~ a_ • ~~jes Co ~o JUG! w ~ ~~~i6 THE FOLLOWING IS A UST OF EASEMENTS INCLUDED IN SCHEDULE B-II OF THE TITLE .COMMITMENT. No. TA06-129492, ISSUED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY. EFF~EC'TIVE DATE JI~NUARY 6, 2006 AT 8:00 A.M. ~MENT, 4"x4" ~T 7. Easement to Florida PowE:r Corporation, recorded in Official Records Book 5479, Page 130, of the Public Records of Pinellas County, Florida. • (APPROXIMATE LOCAT10N PLOTTED HEREON -DOCUMENT ILLEGIBLE) ~06. Sidewalk Easement, recorded in Official Records Book 8324, Page 828, of the Public Records of Pinellas County, Florida, (PLOTTED HEREON) y/9O. Reciprocal Easement, Resl:rictions, and Operation Agreement, recorded in Official Records Book 8324, Page 831, being amended in Official Records Book 8428, Page 2327, of ttie Public Records of Pinellas County, Florida. (PORTIONS AFFECTING SUBJECT PROPERTY PLOTTED HEREON) THE FOLLOWING IS A UST OF EASEMENTS NOT INCLUDED IN SCHEDULE B-II OF THE TITLE COMMITMENT: 10' wide Easement in favor of General Telephone Company (Verizon), recorded in Official Records Book 2696, Page 440, of the Public Records of Pin~allas County, Florida. (PLOTTED HEREON) ~© Ingress and .Egress/Water Main Easement, recorded in Official Records Book 7218, Page 1527, of the Public Records of Pinellas County, Florida. ~ (PORTION AFFECTING. SUBJECT PROPERTY PLOTTED HEREON) oa~~~~ ~ECF~/E4 DEB 02 ?007 ~o~F c~~p,~r~~n LEq~wA~R PREPARED FOR: HIGHLAND GROUP. LLC c/o MR. NICHOLAS F. FERRi 710 S. FORT HARRISON AVE CLEARWATER, FLORIDA 3375E Phone: (727) 446-9204 Fax: (727) 446-9205 . LLOVE ® ~~ Phone: (727) 78S 29228 U.S. HIGHWAY 19 N. .Se,,~~ev~ -4-i he ln1 a l ~ <~h ~araeC~, -Frov-~ ,S'~Pe+- C 2 . ! J THIS DRAWING DEPICTS STRUCTURAL IZEQLT.IR.EIV'TS ONLY SEE ARCI-ICT`ECTURAL PLAN FOR COUSMETTC FEATURES 3" X .QS' ALUM. EXTRUSION T'YP. 3" X .024 ALUM. SIPS PANEL ~-~- W/ 1 LB DENSITY FOAM COR =~~ _~:~`~~_ ~~__ SAX ~F: ~ //~ /,i\/f\/~\,j~ //\//\,rf\ 5 J10`' X .12~'- AL~~~u. POST AT 4$" O'C. T'YP. (~) NQTE; ATf.'ACH Cr7LU~v1N =7'O PQ~T ANT> r3EV~L CUT PANELS ~,`-~" MAX ~W1'C.k "i~NTFRFOA1vf" -----, Ar~H1i:SIVEi. TYP. 3" X .024 ALUM. SIPS PANEL W/ I LB I7ENSI'I'Y FOAM CORE. 5 7/8" X . ~ ?5" .ALUM. P~?ST AT 4$" O~C. TYP. I~I.. V ~./L F. i, i AS REQUI ---3/4" Iv1AX \ Tt) A:CPIIE WAI.:~_. R.A' US THIS DRAWING IS AN INSTRUMENT OF, $ERVI;E AND SHALL REMAIN THE PROPERTY OF -THE I ENGINEER, AND SHALL NOT B BEf°f~0 UCE FUBLISHED OR USED IN ANY WAY WITHOUT ~ " THE CONSENT OF THE ENGI * R. ~ '~ Q ~tA r ~ ~ ~ ~ ~~iC~~~PYRIGHT 2007 NOT PUBLISHED .S ' ~ °. ~~ • .. • . k4'.f .~~ aF ~ F RAM. A.:GOEL, Ph.D., P.E. ~3~' COMI6E~S„ ~ ~TNE~7~`,q~j RE NgQT~iVrALID UNLESS WITH THE SIGNING FN~~N'EER'S SEAL CLEAN CO.MI'AC SOIL WIT'I-I 2Q~0 PSF MIN. SOiL .BRG. CAPACITY •,~;~~~ Ill Ll rv l`1Y'f TZS lIY ~ r) ~ 2" n.c. S+ra9h,+ wall (~~larkd -Firow~ S~+ ~ ~•l~ ~, ~{, ___._ _ _ e. 3 ~ .r~~~r "A}` c=~rvcl= cos-I,---~ t___--. 3"x.DSD AF_llfv~ f:=XTRUS(C9N ~ `y ,- ;. i ` ! ' :3" x_024 f\LUM U ; i ._ 1~It~.D~NSIT1''Ef''` ~:c~ ~ i i t F'AI~IFt_ VUI'T E-i _.._W_...~....~...... __.. _...,....~......: )AM GORE. r ~._.~ _ ~..-~:..._...__.__ ~.~._ ~ caFaAI~I~. ~ ~ 3„x.050 A!_UM EXTFZU ~lC1N ~' ~. Ll17~C~~-C.~~P~ ~a;F ` IJ~ 1T~1VC~ ~~~ t ~k.J~`J I P l~~ rr~rr in~~;>_~C~l~ {~e(/ f~'1rYt •~a~f ~alLaf itl~ ~' ~~ t~.c. ~ "~"~ ~, /~'++ pp ry// pp 125 ALl ~?-T/E3° x .'f25 ALUM I_F,~ ~~NZ . ~]OST 1~Y~'E `~ A " ~,sc:. ~ THIS DRAWING IS AN INSTRUMEMTLb&ODUCED; PU~~~~ED OR USED IN ANYOWAYTWITOHOUTE ~i ENGINEER, AND SHALL, NQi ld~ CEP ~`©COPYRICHT 2007 NOT PUBLISHED THE CONSENT OF T~ ~WGIN ~:~ ~ ~. N S~ ~ s ~~ : f i~o.b7431 ' ~ -:~ ' ~- = R 1 5 200! ~a~ AT ~, RAM;k ~G0 ,. Fh~~,FP.E. . _, _~I ~ +NOT`VALiD UNLESS COPI>~S OF•TNE3E el,~A EMBOSSED WITS t~~a~~l;ENGINEER'S SEAL r~~'±~sr:~a~.:. ,,~_. .- ~~IVI.r~~ ~~~~~ i T ~'"~~.. was