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FLD2011-02010; 2159 NURSERY RD; PENSAM BELLEAIR GARDENS LLC FLD2011-02010 2159 NURSERY RD Date Received: 2/28/20114:01:55 PM Pensam Belleair Gardens, LLC ZONING DISTRICT: Medium High Density Residential LAND USE: Residential High (30 du/acre) ATLAS PAGE: 316B PLANNER OF RECORD: PLANNER: A. Scott Kurleman, Planner III CDB Meeting Date: May 17, 2011 Case Number: FLD2011-02010 Agenda Item: E.5. Owner/Applicant: Pensam Belleair Gardens, LLC Address: 2159 Nurser CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval (1) to allow 146 existing attached dwellings in the Medium High Density Residential (MHDR) District with a lot size of 212,137 square feet, a lot width of 290 feet (along Belcher Road) and 271 feet (along Nursery Road), a building height of 29.3 feet, a front (east) setback of 19.8 feet (to existing pavement and existing building) where 10 feet is allowable, a front (north) setback 19.6 feet (to existing building) and 9.5 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, a side (east) setback of 9 feet (to existing building) where 10 feet is allowable but may be varied based on the flexibility criteria, a side (north) setback of 80.1 feet (to existing building) and 0.7 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, a side (south) setback of 24.2 feet (to existing building) and 23.4 feet (to existing pavement) where 10 feet is allowable, a side (west) setback of 79.4 feet (to existing building) and 7.7 feet (to pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, a rear (west) setback of 133.1 feet (to existing building) and 3.1 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria and a rear (south) setback of 7.5 feet (to existing building) and 2.5 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, and 235 parking spaces a Residential Infill Redevelopment Project under the provisions of Community Development Code Section 2-404.F. as well as a reduction to the perimeter landscape buffer along Nursery Road from 15 feet to 10 feet, a reduction to the side (north) landscape buffer from 10 feet to 0.7 feet, a reduction to the side (east) landscape buffer from 10 feet to seven feet, a reduction to the side (west) landscape buffer from 10 feet to 7.7 feet, a reduction to the rear (west) landscape buffer from 10 feet to 3.1 feet, and a reduction to the rear (south) landscape buffer from 10 feet to 2.5 feet as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G. and (2) permit a Termination of Status of Nonconformity for nonconforming structural setbacks, under the provisions of CDC Section 6-109. Community Development Board -May 17, 2011 FLD2011-02010 - Page 1 ZONING DISTRICT: Medium High Density Residential (MHDR) District FUTURE LAND USE PLAN CATEGORY: Residential High (RH) PROPERTY USE: Current: Attached Dwellings Proposed: Attached Dwellings EXISTING North: Medium High Density Residential (MHDR) District and SURROUNDING Commercial (C) District ZONING AND USES: Attached Dwellings and Office South: Medium High Density Residential (MHDR) District Attached Dwellings East: Unincorporated Detached Dwellings West: Commercial (C) District Retail Sales and Office ANALYSIS: Site Location and Existing Conditions: The 4.87 acre property is located on the south side of Nursery Road approximately 350 feet west of the intersection of Nursery Road and Belcher Road. The property has frontage on both Nursery Road and Belcher Road and has ingress/egress areas on both frontages. The site currently contains 146 apartments that were constructed in the early 1970's and are located within three groups of buildings. Each group of buildings includes a courtyard and swimming pool to serve as an amenity for the residents. These apartments have been the source of multiple housing violations including lack of heat, water intrusion, unsafe electrical issues and infestation of rats and rodents. One group of these buildings has since been renovated and is currently occupied. The other two groups of building are currently not occupied. East of the site, across Belcher Road, is a Walgreens and an office and north of the site, across Nursery Road is retail sales and office uses. South of the site, is a large apartment complex (Belleair Pines) and west of the site are detached dwellings. Development Proposal: Due to changes in ownership and renovation schedules, two buildings have not been occupied within the past six months. As they have not been occupied and over three million dollars in renovation costs are proposed, the application is being processed as a Residential Infill along with the Termination of Status of Nonconformity as the existing structures are not meeting setback requirements. In addition to the complete renovation of the two buildings, the parking lots will be resurfaced and restriped, handicap spaces will be added and landscape materials will be installed where space allows. The existing structures all meet the required structural setbacks. Pursuant to Community Development Code (CDC) Section 6-102.E, if the use of a nonconforming structure is abandoned for a period of six consecutive months, the future use of the structure shall be brought into full compliance with all the requirements of the Development Code; thus the filing of a Comprehensive Infill Redevelopment application. Community Development Board - May 17, 2011 FLD2011-02010 - Page 2 Regarding the site, the parking lot surface will be improved and restriped along with the addition of seven handicap spaces as the site currently has no handicap spaces. Additional interior landscape islands are proposed along with enhanced buffers. The existing parking lot will remain with setbacks to pavement as follows: a front (east) setback of 19.8 feet, a front (north) setback of 9.5 feet, a side (north) setback of 0.7 feet, a side (south) setback of 23.4 feet, a side (west) setback of 7.7 feet, a rear (west) setback of 3.1 feet and a rear (south) setback of 2.5 feet. The development proposal's compliance with the applicable development standards of the Community Development Code (CDC) is discussed below. Density: Pursu ant to the Countywide Plan Rules and CDC Section 2 -401.1, the maximum allowable density is 30 dwelling units per acre. Based on 4.87 acres, the site is permitted 146 dwelling units. The proposal is in compliance with the above as it has 146 dwelling units. Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2- 404.1, the maximum allowable ISR is 0.85 for RH. The overall proposed ISR is 0.73, which is consistent with the above. Minimum Lot Area and Width: Pursuant to CDC Table 2-404, there is no minimum required lot area or lot width for a Residential Infill Project. However, for a point of comparison, the minimum lot area requirement for attached dwellings is 15,000 square feet. The subject property is 212,137 square feet (4.87 acres). Also for comparative purposes, the minimum lot width requirement for attached dwellings is 150 feet. The lot width along Belcher Road is 290 feet and along Nursery Road it is 271 feet. Both the lot size and lot width are consistent with the above. Minimum Setbacks: Pursuant to CDC Table 2-404, the minimum front setback can range from 10 feet to 25 feet, the side can range from zero to 10 feet and the rear can range from zero to 15 feet. These setbacks are guidelines and may be varied based on the flexibility criteria. With regard to the existing buildings, of the eight required structural setbacks all are all being met except for the side (east) setback of nine feet (to existing building) and the rear (south) setback of 7.5 feet (to existing building). Flexibility has also been requested with regard to the setbacks to the existing off-street parking and vehicular use areas. The request includes a front (east) setback of 19.8 feet, a front (north) setback of 9.5 feet, a side (north) setback of 0.7 feet, a side (south) setback of 23.4 feet, a side (west) setback of 7.7 feet, a rear (west) setback of 3.1 feet and a rear (south) setback of 2.5 feet. Understanding that Belleair Gardens developed in the early 1970's, Staff supports the existing setbacks to pavement and structure. Maximum Building Height: Pursuant to CDC Table 2-404, the maximum allowable height for attached dwellings is 30 feet. The existing buildings are all below 30 feet in height. Minimum Off-Street Parking: Pursuant to CDC Table 2-404, the minimum required parking for attached dwellings is two spaces per dwelling unit (292 spaces). The site currently has 233 parking spaces and is able to add two more for a total of 235 parking spaces (1.6 spaces per unit). A parking study done by the applicant found that the national average of parking spaces for low/mid rise apartments is 1.4 spaces per dwelling unit. In addition a bus route is in the immediate vicinity of Belleair. Again, understanding that Belleair Gardens developed in the early 1970's, Staff supports the proposed reduction in parking spaces. Community Development Board - May 17, 2011 FLD2011-02010 - Page 3 Termination of Status of Nonconformity: The development proposal includes a request for Termination of Status of Nonconformity for setbacks. The criteria for Termination of Status of Nonconformity, as per CDC Section 6-109 and outlined in the table below, including compliance with perimeter buffer requirements, the provision of required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code will be met with this development proposal. Consistent I Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202.13 of the X Community Development Code shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards established X in Section 3-12021 of the Community Development Code. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory N/A use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to X satisfy the requirements of this section. Pursuant to CDC Section 3-1202.13, the Belcher Road frontage requires a 15-foot landscape buffer, the Nursery Road frontage requires a 15-foot landscape buffer, and the remaining buffers are required to be 10-foot wide. As discussed further, any opportunity to install landscaping has been utilized. There are no off-street parking lots nor nonconforming signs, lighting, accessory structures or uses located on the parcel. A Comprehensive Landscape Program has been submitted to satisfy the landscape requirements. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the driveways, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. No structures or landscaping is proposed within the site triangles. Solid Waste: The proposal includes the provision of a trash compactor located near the western property line and a refuse dumpster located north of the site. Both refuse areas will be screened with wood stockade fence and gates. The proposal has been found to be acceptable by the City's Solid Waste Department. Utilities: Pursuant to CDC Section 3-912, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Any new electric and communication lines for this development will be installed underground on site in compliance with this requirement. All electric panels, boxes and meters will be painted the same color as the building. Landscaping: Pursuant to CDC Section 3-1202.D.1, this site is required a 15-foot wide landscape buffer along both Nursery Road and Belcher Road and the remaining six buffers are required to be 10-foot wide. Along Nursery Road the majority of the proposed landscape buffer is over 18 feet wide, a small area of 25 feet can only be 10 feet wide due to the existing parking lot. Along Belcher Road the proposed landscape buffer is up to 17 feet wide in some areas. The side (south) landscape buffer ranges from 12 feet to 19 feet in width exceeding the 10 feet wide requirement. The remaining five buffers have proposed deviations to the width requirements. In these areas Community Development Board -May 17, 2011 FLD2011-02010 - Page 4 there is no opportunity to remove pavement and increase the setback nor increase the landscape buffer width as the structures are existing and the parking and drive aisle dimensions do not exceed code requirements. Pursuant to CDC Section 3-1202.E.2, foundation plantings shall be provided for 100 percent of a building fagade with frontage along a street right-of-way. The foundation plantings must be within an area that is a minimum of five feet wide and consist of at least two accent trees or three palm trees for every 40 linear feet of building fagade and one shrub for every 20 square feet of required landscape area. A minimum of 50 percent of the area shall contain shrubs with the remainder to be ground cover. Foundation plantings meeting this requirement are proposed along both the Nursery Road and Belcher Road facades. Pursuant to CDC Section 3-1202.E.1, ten percent of the gross vehicular use area shall be provided as landscape islands a minimum of eight feet wide and 150 square feet in size. The site proposes 12 percent of the vehicular use areas to be landscape islands. To mitigate for the inadequate perimeter landscape buffer widths, the applicant has proposed to increase the buffer width along Nursery Road, Belcher Road and along the side (south) property line. The proposal calls for over 50 trees, over 650 shrubs and over 1,000 groundcover plants to be installed. Due to existing site constraints staff supports the requested landscape reductions. Comprehensive Landscape Program: Pursuant to CDC Section 3-1202.G, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: Consistent I Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a part of N/A N/A the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and/or materials of the landscape treatment proposed X in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is N/A N/A automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board -May 17, 2011 FLD2011-02010 - Page 5 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per CDC Sections 2-401.1 and 2-404: Standard Existing / Proposed Consistent Inconsistent Density 30/dua (RH) 146 dwelling units X I.S.R. 0.85 (RH) 0.73 X Minimum Lot Area N/A 212,137 square feet X' Minimum Lot Width N/A Belcher Road 290 feet X' Nursery Road 271 feet X' Maximum Height 30 feet 29.3 feet X' Minimum Setbacks Front: 15 - 25 feet Belcher Road: 19.8 feet (to building) X' 19.8 feet (to pavement) Nursery Road: 19.6 feet (to building) X' 9.5 feet (to pavement) Side: 0 - 10 feet East: 9 feet (to building) X1 North: 80.1 feet (to building) X' 0.7 feet (to pavement) South: 24.2 feet (to building) X' 23.4 feet (to pavement) West: 79.4 feet (to building) X' 7.7 feet (to pavement) Rear: 0 -15 feet South: 7.5 feet (to building) X' 2.5 feet (to pavement) West: 133.1 feet (to building) X' 3.1 feet (to pavement) Minimum Off'-Street Parking 2 /spaces per unit 1.6/ spaces per unit X' (292 parking spaces) (235 parking spaces) I See analysis in Staff Report. Community Development Board - May 17, 2011 FLD2011-02010 - Page 6 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-404.F (Residential Infill Project): Consistent I Inconsistent 1. The development or redevelopment of the parcel proposed for development is X otherwise impractical without deviations from one or more of the following: intensity or other development standards. 2. The development of the parcel proposed for development as a residential infill X project will not materially reduce the fair market value of abutting properties. 3. The uses within the residential infill project are otherwise permitted in the district. X 4. The uses within the residential infill project are compatible with adjacent land uses. X 5. The development of the parcel proposed for development as a residential infill X project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed residential infill project creates a form and function X which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height, off-street parking, access X or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-914.A: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 7, 2011, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following: Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: Community Development Board -May 17, 2011 FLD2011-02010 - Page 7 I . That the 4.87 acre subject property is located on the south side of Nursery Road approximately 350 feet west of the intersection of Nursery Road and Belcher Road; 2. That the subject property is located within the Medium High Density Residential (MHDR) District and the Residential High (RH) Future Land Use Plan category; 3. The site currently contains three groups of buildings consisting of 146 dwelling units; 4. Two groups of buildings are not occupied; 5. The proposal includes setback reductions to two of the eight required building setbacks; 6. The proposal includes setback reductions to existing pavement; 7. The proposal includes reductions to the perimeter landscape buffer requirements on Nursery Road, to three side buffers and two rear buffers; 8. The proposal includes 235 parking spaces; 9. The existing buildings are all below 30 feet in height; and 10. There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-401.1. and 2- 404 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 404.F of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code; and 4. The development proposal is consistent with the Flexibility criteria as per Section 3-1202.G of Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application (1) to allow 146 existing attached dwellings in the Medium High Density Residential (MHDR) District with a lot size of 212,137 square feet, a lot width of 290 feet (along Belcher Road) and 271 feet (along Nursery Road), a building height of 29.3 feet, a front (east) setback of 19.8 feet (to existing pavement and existing building) where 10 feet is allowable, a front (north) setback 19.6 feet (to existing building) and 9.5 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, a side (east) setback of 9 feet (to existing building) where 10 feet is allowable but may be varied based on the flexibility criteria, a side (north) setback of 80.1 feet (to existing building) and 0.7 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, a side (south) setback of 24.2 feet (to existing building) and 23.4 feet (to existing pavement) where 10 feet is allowable, a side (west) setback of 79.4 feet (to existing building) and 7.7 feet (to pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, a rear (west) setback of 133.1 feet (to existing building) and 3.1 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria and a rear (south) setback of 7.5 feet (to existing building) and 2.5 feet (to existing pavement) where 10 feet is allowable but may be varied based on the flexibility criteria, and 235 parking spaces a Residential Infill Redevelopment Project under the provisions of Community Development Code Section 2-4041. as well as a reduction to the perimeter landscape buffer along Nursery Road from 15 feet to 10 feet, a reduction to the side (north) landscape buffer from 10 feet to 0.7 feet, a reduction to the side (east) landscape buffer from 10 feet to seven feet, a reduction to the side Community Development Board - May 17, 2011 FLD2011-02010 - Page 8 (west) landscape buffer from 10 feet to 7.7 feet, a reduction to the rear (west) landscape buffer from 10 feet to 3.1 feet, and a reduction to the rear (south) landscape buffer from 10 feet to 2.5 feet as a Comprehensive Landscape Program, under the provisions of Community Development Code Section 3-1202.G. and (2) permit a Termination of Status of Nonconformity for nonconforming structural setbacks, under the provisions of CDC Section 6-109., subject to the following conditions: Conditions of Approval: 1. That a building permit be obtained for the parking lot improvements, landscaping and building improvements; 2. That, prior to issuance of any building permits, the site data table be revised to reflect the correct I.S.R of 0.85; 3. That, prior to the issuance of a certificate of completion for the last building, all of the proposed landscaping shall be installed; and 4. That any electric and communication panels, boxes, and meters located on the exterior of the buildings be painted the same color as the building. Prepared by Planning and Development Department Staff: ?? e 11 - A. Scott Kurleman, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs of Site and Vicinity Community Development Board - May 17, 2011 FLD2011-02010 - Page 9 A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4553 scott.kurleman(a,myclearwater.com PROFESSIONAL EXPERIENCE Planner III City of Clearwater, Clearwater, Florida August 2008 to Present Duties include performing the technical review and preparation of staff reports for various land development applications, assist public customers at the Zoning Counter, the organization of data and its display in order to track information and provide status reports and making presentations to various City Boards and Committees. Planner II City of Clearwater, Clearwater, Florida June 2005 to August 2008 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. Assist public customers at the Zoning Counter. Review Building Permits, Sign Permits, Business Tax Receipts, and Landscape Plans as well as Comprehensive Sign Program Applications. Land Resource Specialist City of Clearwater, Clearwater, Florida June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non-compliance with City land resource regulations. Landscape re-inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. Account Manager Cherry Lake Farms, LUG Enterprise, Inc. Groveland, Florida June 1993 to June 1996 Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in-field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. Licensed Marketing Representative Allstate Insurance Company, Clearwater, Florida June 1991 to June 1993 Field inspections of insured structures. Policy service and account maintenance. Store Manager William Natorp Company, Inc. Cincinnati Ohio June 1983 to June 1991 Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE -Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL-0414 LEED Green Associate, Currently pursuing MOTIVATIONAL Mentor Award, December 2010 148 1469 Ac 1484 6 A c 13 1471 P 8 1490 1475 1477 9 a 1481 y 0 ? Z ATTACHED DWELLINGS 1492 RETAIL SALES AND _ ? 7027 SERVICES L 2 1494 S N N 1498 (D LLU 1499 N co 1496 NURSERY RD zoo 33ro81 [ 1 m 11 2199 ° " • h N N VACANT 1500 ° : .: ' 1', ? °. • ` ° ° N N N 33/03 .1 So : ° . "150T a4/az aa01 r- a1 , 06219 OFFICE 1105 eh> 1 0 1111 1111 1111 all ii N 33198 312000 RETAIL _ ?" : `•r 4:: 3:. SALES 7 DE"IA CHED DWEL LINGS aaroa ' • N• °33M5 8 A C p 4 tv . 1 4525. . 230 a 5 OFFICE :18 h7531 3163 1545 ..1•r N. . • . s?e ° N ` °7,43 } .. 305 -1{27 ' 07155 2 1550 - - ATTACHED :!'.?.. DWELLINGS • 1551. 2.85. • :Ac ° :u2 •:-? 64.4 '.'• -: • .. - _ • • • • , • •, • - • o :-:... • ••:M.':!: .:::;:1(15 '::'•vo•::.-: . :-?.::'.:-. ., ; •,$?t-.-:. • ':: f7 .'•.• •?Y ':' ': • : : ': ' LLJ 433 , . :. -' . ::-'1': '] -'?i ' ' ? ` . ._ : . . - . . 0'...-..• -?:'7 - ''•." m ? : 1 •::. . - "- Ci:-''lp.c,J N, -- M•.. -. ..... . 81 ? := ' _ :..i ff::..; .:. : 3': ':: ' ?: : • . ; ? ; ; r m 1575 EXISTING SURROUNDING USES MAP Owner: Pensam Belleair Gardens, LLC Case: FLD201 1-0201 0 Site: 2159 Nursery Road Property Size: 4.87 Acres PIN: 24-29-15-00000-440-0400 Atlas Page: 316B ° ? Ac 148 84 1 4 146 69 1471 N •• ?gq ?? Acm 1475 1490 1477 9 `b z " 1481 y 6 1492 ATTACHED DWELLINGS RETAIL SALES AND 7027 I SERVICES L ? I 1494 = $ N N 1498 a1/os W 1499 I N m 1496 ? NURSERY RD zoo 33A61 i a0.d . M . ° ` ° •7.7 Q1%. ° `. •. f? O !? P 219,9 •N • '' ' `• • • ° f N N N VACANT 1$00 M ° ? .T • g , . ? ` ' N N 33/03 .:1507 4a/o2 a4/o1 l- -, a1 e . :? .. • 06219 J _ Q ? OFFICE 1105 rhi ; 1 02 : N 33me ? m. eke 312000 RETAIL. --? •,? . ? u;.; •?. SALES l3 DETACHED :.: DWELLINGS 40./°4 15 4 8 A c cc) N X325. . 230 OFFICE .' X7.$31 3163 1545 ' ° 33/09° ° °°• ?. ° •e e °.? .. Q .f543 305.6 • ? i.2' • :,s •? • • 07155 1550 2 .. ' ':lUY:_.: : • .?,::•: , • • • •:: -- -- c • °•33/90 ATTACHED _ DWELLINGS 1551. L.E5, A6 8':.:•:.::.TM... - ''?Z3 . ! : '.l • ' ? ? ? ., . .. :.: ::;: ? ' .. •162'9'., .., • , • : ..', •...•.'.•.:R: . .:, •. :' _?: ?•. ??'•'•: :' ;'' • ]? '•:.': ."103':+.?.: '.:.^l.•: ': : ''::'.?. .::':.-. .... ? ,k • - .,-}.-_::.:.- . .$•::-?•:•; •.:; : ..:..' / : W 433 , . 14 • . 00 :'' ;: ?'?7tf'`-;:.:=' :. ':?`_: -' :' 2' _ ..6.•-_:.,-;. _ :; . : - :• F - -1575 EXISTING SURROUNDING USES MAP Owner: Pensam Belleair Gardens, LLC Case: FLD201 1-02010 Site: 2159 Nursery Road Property Size: 4.87 Acres PIN: 24-29-15-00000-440-0400 Atlas Page: 316B 1482 1484 7461 1489 1471 v 1488 1488 1490 1475 1477 1481 0 c 1492 ? 2', o HDR o ^ 1494 W N N 1498 C V 1499 N 1496 W m NURSERY RD y .°s.. ,Q.•° •t5o1 ° ?n N N 1500 N rn N V ?`. N N N -mg ?.° . % 1502 1505 M Ny O ° Lqu ' 1518. "'. , • ? ' ` • . '.. ' ° ` , , , , " 1528° 1545 ° X543 s • . . ° 1550 • _ - - =9551 ' • ° , ° ° - MDR 1575 ZONING MAP owner: Pensam Belleair Gardens, LLC Case: FLD2011-02010 Site: 2159 Nursery Road Property Size: 4.87 Acres PIN: 24-29-15-00000-440-0400 Atlas Page: 316B r cr LAKEV§ J : ..{ m NABERSHAPh 4L \ g P <`V IOLA DR v CLAIBORNE g ;.' s QP 04 4, OAK G2OVE DR MORNINGSIDE DR ?5 ? CORONET LN L DIPLOMAT DR J ENVOY p W p - PROJECT , .. SITE Yt Q - 1 IMPERIAL VVAY " .. x 'JURSERY RD OR-474 CA?K+flA bR 'Lij u E GJRT? BR + ip Q e rn J Z O U tt O o ?. 3 a- ° (? & G?1RTES ?" bR ? - zz m WILLIAKIS DR 40r' 5.. "? J LM1^ Q l \ z LOCATION MAP Owner: Pensam Belleair Gardens, LLC Site: 2159 Nursery Road PIN: 24-29-15-00000-440-0400 Case: FLD201 1-0201 0 Property Size: 4.87 Acres Atlas Page: 316B Typical Building kk .A mil, Looking east on Nursery Road Property to the north (attached dwellings) 2159 Nursery Road FLD2011-02010 Page 1 of 1 Building internal to site Building facing Nursery Road Property directly east (Walgreens) ,? f n `Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? 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 FIRE PRELI MARY SITE PLAN: $200.00 ? SUBMIT APPLICATION FEE $ CASE #: RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE. DEVELOPMENT APPLICATION (Revised 07/11/2008) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Pensam Belleair Gardens, LLC MAILING ADDRESS: 777 Brickell Avenue, Suite 1200, Miami, FL 33131 PHONE NUMBER: 786-587-1549 FAX NUMBER: 786-513-0800 CELL NUMBER: EMAIL: PROPERTY OWNER(S): Pensam Belleair Gardens, LLC List ALL owners on the deed AGENT NAME: Edward Mazur, Jr., P.E., Florida Design Consultants, Inc. MAILINGADDRESS: 3030 Starkey Boulevard, New Port Richey, FL 34655 PHONE NUMBER: 727-849-7588 FAX NUMBER: 727-848-3648 CELL NUMBER: EMAIL: emazur@flde? com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: Belleair Gardens PROJECT VALUATION: $ 3000, STREETADDRESS 2159 Nursery Road PARCEL NUMBER(S): 24-29-15-00000-440-0400 PARCEL SIZE (acres): 4.87 Ac. PARCEL SIZE (square feet): 212,137 LEGAL DESCRIPTION: See Exhibit "A" PROPOSED USE(S): 146 Multi-Family DwE DESCRIPTION OF REQUEST: See Exhibit "B" 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.) Ft. C:1Documents and Settingslderek.fergusonlDesktoplplanning dept forms 07081Flexible Development (FLD) 2008 07-11.doc Page 1 of 7 :es - k:\Belleair Gardens\Permits\Flexible Development Application.pdf DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TQ] Z), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES - NO X_ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) ? SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) See Exhibit "A" b. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) ZI Provide complete responses to the 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. See Exhibit "B" 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. See Exhibit "B" 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See Exhibit "B" 4. The proposed development is designed to minimize traffic congestion. See Exhibit "B" 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See Exhibit "B" 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See Exhibit "B" C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Flexible Development (FLD) 2008 07-11.doc Page 2 of 7 :es - k:\Belleair Gardens\Permits\Flexible Development Application.pdf WRITTEN SUBMITTAL REQUIREMENTS: (Flexibility Criteria) ? Provide complete responses to the applicable flexibility criteria for the specific Use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: See Exhibit "B" E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) ? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ? If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ? At a minimum, the STORMWATER PLAN shall include the following; ? Existing topography extending 50 feet beyond all property lines; ? Proposed grading including finished floor elevations of all structures; ? All adjacent streets and municipal storm systems; ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ? Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ? Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ? ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. 'At a minimum, a grading plan and finished floor elevations shall be provided. 10ANDONE - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ? SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ? TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; ? TREE INVENTORY; prepared by a "certified arborist', of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees;. ? LOCATION MAP OF THE PROPERTY; ? PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ? GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ? COPY OF RECORDED PLAT, as applicable; C:\Documents and Settings\derek.ferguson\Desktop\planning dept Corms uiu t-wime ueveiopment \rLur wua w- i i.ooc Page 3 of 7 :es - k:\Belleair Gardens\Permits\Flexible Development Application.pdf G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #7011; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a Level Two approval. LJ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; 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, expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. EXISTING REQUIRED - PROPOSED 0 REDUCED COLOR SITE PLAN to scale (8 %2 X 11); El FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; CADocuments and Settingslderek.ferguson\Desktoplplanning dept forms 07081Flexible Development (FLD) 2008 07-11.doc Page 4 of 7 :es - k:lBelleair Gardens\Permits\Flexible Development Application.pdf H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on-site and immediately adjacent to Ehe site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ? REDUCED COLOR LANDSCAPE PLAN to scale (8 % X 11); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Not Applicable. ? BUILDING ELEVATION DRAWINGS - with the following information; All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; ? REDUCED BUILDING ELEVATIONS - same as above to scale on 8 %2 X 11. J. SIGNAGE: (Division 19. SIGNS/ Section 3-1806) Not Applicable. ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/2 X 11) (color), if submitting Comprehensive Sign Program application. C:1Documents and Settingslderek.ferguson\Desktoplplanning dept forms 0708\Flexible Development (FLD) 2008 07-11.doc Page 5 of 7 :es - k:\Belleair Gardens\PermitsTlexible Development Application.pdf K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: ¦ Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. ¦ Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. ¦ Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City s annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the.Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement O 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. Traffic Impact Study is not required. C ON - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. O Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. TUBM Fire Flow Calcu lations/Water Study is not required. N - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW ATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE ITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true an accurate to the best of my knowledge and authorize C representatives to visit and photograph the property scribed in this application. of property PASCo STATE OF FLORIDA, COUNTY OF PtNett7MS Sworn to and subscribed before me this 7.2_ day of Je-,rr , A.D. 201_ to me and/or by , who is personally known has- pr riir n assentif+setien. A 't?? A Notary public, My commission expires: ar vv No. Pu is State of Florida ? o ? AN, rzgah rlinn My l.omml3slon uu %o, ?o? Expires 01/23/2014 nts and Settings\derek.fergusonkOesktop\planning dept forms 0708\Flexible Development Page 6 of 7 :es - k:\Belleau Gardens\Permits\Flexible Development Application.pdf N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed PRINT full names: Pensarn'Belleair Gardens, LLC 2. That (I amAve are) the owner(s) and*recotd title holder(s) of the following described property (address or general Iodation): Belleair Gardens Apartments, 2159 Nursery. Road, Clearwater, Florida 3. That this property constitutes the property for which a request fora: (describe request).. Flexible. Development and Comprehensive Landscape: Program Application to the City of Clearwater, Florida 4. That the undersigned (has/have) appointed. and (does/do) appoint: Ed.w Ard Mazur; Jr.,.P.E. Ronald Weaver, Esquire as (hisltheir) agent(s) to executeany petition's or other documents necessary to affect such petition: 5. That this affidavit has been executed to induce the City of Ciearmter, Florida to consider and act on the above described property; 6 the property are necessary by City representatives in order to process this application and the owner authorizes City That site visits lo , . representatives to visit and photograph the property described. in this application; 7. That (]/we). the unders gned authority, hereby certify that the foregoing is-true and correct. Property Owner Property.Owner Property Ovmer Property Ovmer. STATE OF FLORIDA, COUNTY OF PINELLAS • K? Before me the undersigned,.an officer duly commissioned by the laws of the State of Florida, on this . ZZ day of ' OMI , 2.0 I \ personally appeared G AN I N I&E£- - M.AtA who having been first duty sworn Deposes and says that he/she fully understands the contents of the affidavit that helstie signed. YESENIA MASON =•; " MY COMMISSION # DD859618- o? -z EXPIRES June 25, 2012 --- ----Notary Public Signature ?07)3e8-Ot51 NateryOfRmarit'a.txbn (? (p? Zc?? 2 O f •Z Notary Sea 1Stamp My Commission Expires:- CdCocuments and SclUngs+.derekleryU?onlD'esktep\p!ann(hg dept forms'0708+Flexlblo Dave!optnent (FLU) 2008 V-11.i1w „ Pag'c 7 of7 :cs - k WeIlcair Gardcns1,PcmtHs0- CNIble Tkvelopnieiif Appiication.pdf EXHIBIT A BELLEAIR GARDENS Legal Description and Special Warranty Deed Legal Description That part of the Southeast Quarter of the Southeast Quarter of Section 24, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: From the Southeast corner of the Southeast Quarter of said Section 24, Township 29 South, Range 15 East; thence run North 0 degrees 01'41" West along the Section line, 463.40 feet; thence run North 88 degrees 33'19" West, 50.00 feet; thence run North 0 degrees 01'41" West, parallel to the Section line, 350.46 feet for a Point of Beginning; thence run South 89 degrees 58'19" West, 305.67 feet; thence run North 0 degrees 01'41" West, 68.34 feet; thence run South 89 degrees 58'19" West, 316.30 feet; thence run North 0 degrees 03'46" East, 417.80 feet; thence run South 88 degrees 42'56" East, along the Southerly right-of-way line of Nursery Road, 271.42 feet; thence run South 0 degrees 01'41" East, 183.83 feet; thence run South 89 degrees 07'11" East, 350.00 feet; thence run South 0 degrees 01'41" East, parallel to the Section line, 290.54 feet to the Point of Beginning. I#: 2010351163 BK: 17116 PG: 481, 12/15/2010 at 01:37 PM, RECORDING 4 PAGES '$35.50 D DOC STAMP COLLECTION $17500.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDUI3 Prepared by and after recordine return to: Merrill Braver Quintero, Esq. Grueninger Law Group, P.A. 267 Minorca Ave, Suite 100 Coral Gables, FL 33134 Folio Number: -T $1 B 1510 a`1.7?9- is-noooo -?{40? d'-to? ` _ ' SPECIAL WARRANTY DEED ' - THIS INDENTURE, made effective as of the Jp day d€b?cgmtier'201 0, between MARCUS I, INC., a New York corporation ("Grantor"), who mai>lt?ins an 'office at One Astoria Federal Plaza, Lake Success, NY 11042 , in favor -of PENSAIVI BELLEAIR GARDENS, LLC, a Florida limited liability company ("Grantee"),' who5e'adcress is 777 Brickell Avenue, Suite 1200, Miami, FL 33131 ` , 'IT?1\E,5\SETH THAT: Grantor, for and in cohr der6tfon of the sum of Ten and No/100 U.S. Dollars ($10.00), lawful money of the Uniteli states,bfAmerica, to it in hand paid by Grantee, at or before the unsealing and delivery gf,lhese'presento, the receipt of which is hereby acknowledged, has granted, bargained, sold, !aliened, te'mised, released, conveyed and confirmed and by these presents does grant, bargain, s@ll,, alierf,,'remise, release, convey and confirm unto Grantee and its successors and assigns 1'or?ver, fhe parcel of land, with the building and improvements thereon erected, situate, -f)ilig -!? being in the County of Pinellas, State of Florida, and more particularly &scr.?b?d Qn the alfached Exhibit "A" (the "Property"). \.Sr>,bject,however, to those matters of title set forth on attached Exhibit "B" without intent to rel>n?Se same. TOGETHER with (i) any and all structures and improvements on the Property; (ii) all right, title, and interest, if any, of Grantor in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the Property; and (iii) all easements, rights of way, privileges, licenses, appurtenances and other rights and benefits belonging to, running with the owner of, or in any way related to the Property. 81975 v_02 \ 000000.1026 PINELLAS COUNTY FL OFF. REC. BK 17116 PG 482 This is a conveyance made in the regular course of business of Grantor. , TO HAVE AND TO HOLD the same in fee simple forever. - - ` AND Grantor hereby specially warrants the title to the Property and will defend the samdagaix'st' the lawful claims of any persons claiming by, through or under Grantor, but againstnane other IN WITNESS WHEREOF, Grantor has caused these presents to be eXC cuted ',day and year first above written. Signed, sealed and delivered in the presence Signature witness Print Name:,?'_0/WJ S7X5s6 ( Signature witness MARCUS I, INC., A NEW YORK CORPORATIQN ; By: A20&6_- - Print Name, '?T3a T_McCann , Title: '.? President IN ',;? ,' ? [CORPORATE SEALj"'• , ,? Print Name: Ltkt- N k MT-D - - j 1% IN> STATE OF NEW YORK' SS. COUNTY OF Nasser ' ) . The foregotn ,irisftment,Was acknowledged before me this'?-t44 day of December 2010, by as President of MARCUS I, INC., a New York corpo'at' orbdk?al of the company. He _ is personally known to me or - has produced a dri?ee11cense as identification. ,IN , Notary Public: NOTARY SEAL G. _ $1975 yr02 H 006000.1,026 4 j Print Name: !?; n SA9 n a ¢1. '0 GpNSTANCE L. AMIN Serial No. (if any):o j Q n56,:2,1&Notary Publ"ic State Of New York ? AM6070976 My Commission Expires: _VjjlPa QualifieduIn Nassau Count --CommissiornExpires Mar. 11, 2 PINELLAS COUNTY FL OFF. REC. BK 17116 PG 483 EXHIBIT "A" LEGAL DESCRIPTION That part of the Southeast Quarter of the Southeast Quarter of Section,, .> 24, Township 29 South, Range 15 East, Pinellas County, Florida; 6ein ' " more particularly described as follows: - - - , From the Southeast corner of the Southeast Quarter of said'\Sectio?,'24, Township 29 South, Range 15 East; thence run Nortlrff :deg-r es_0,jf41" West along the Section line, 463.40 feet; thence rust North; $S -degrees 33'19" West, 50.00 feet; thence run North 0 degrees 01'41" West, parallel to the Section line, 350.46 feet for a Point of Beginning; the run South 89 degrees 58'19" West, 305.67 feet; thence run North 0 degrees 01141" West, 68.34 feet; thence run South 89 degrees 58119',` est, 316.30 feet; 1i \ -810 'tr,fhence run South 88 thence run North 0 degrees 03'46" East' degrees 42'56" East, along the Soptherly, right; of way line of Nursery Road, 271.42 feet; thence run South4degiees 01141" East, 183.83 feet; thence run South 89 degrees 0Zi1" Ea'k ;,3M.00 feet; thence run South 0 degrees 01'41" East, parallel tp',the Se?ho4 line, 290.54 feet to the Point of Beginning. ' 81975 v_021000000.1026 PINELLAS COUNTY FL OFF. REC. BK I/I1b PU 4ti4 EXHIBIT "B" 1. The lien of all taxes for the year 2011 and thereafter, which are not yet due and payable: ' -_ - _ 2. Easement in favor of City of Clearwater recorded in O.R. Book 3893 Page 138, asr;?' amended by Ordinance recorded in O.R. Book 6839 Page 1583. , 3. Covenants, restrictions, limitations and setback lines as set forth in instrument record iiv O.R. Book 3023 Page 19. 4. Easement in favor of Florida Power Corporation recorded in O.R; lgook 4004'Page 321. 5. Easement agreement recorded in O.R. Book 5175 Page 1225. Note: All matters recorded in Pinellas County, Florida. 81975 v_02 \ 000000.1026 EXHIBIT B BELLEAIR GARDENS Flexible Development Application Section B. Description of Request Pensam Belleair Gardens, LLC is the property owner of the existing Belleair Gardens Apartments. The site currently contains 146 multifamily apartments located within three groups of buildings. Although the project is conforming as to the multifamily residential use and density, there are several locations where the buildings and parking lot do not meet the City's current setback requirements. Due to changes in ownership and renovation schedules, two of the three buildings have not been continuously occupied which has triggered the need for a Termination of Nonconformity. As stated above, the Termination of Nonconformity is requested for the nonconforming structures only since the current use of apartments is conforming to the Medium High Density Residential (MHDR) district as to permitted use and density. Upon approval of this application, the property owner intends to complete the renovation of Buildings 2 and 3 and market these residential units for lease. Building 1 is currently in use and occupied by tenants. In addition to the renovation and upgrade of the interior of the units in Buildings 2 and 3, the property owner proposes to improve the parking lot surface, restripe the lot to add the required number of handicapped parking spaces and install trees and landscape materials within the site as is physically and economically feasible. Specifically, the applicant requests Flexible Development approval for a Residential Infill Project and a Termination of Nonconformity to allow 146 multifamily residential units in the Medium High Residential Density zoning district with the specific provisions: a. a Lot area of 4.87 acres where 15,000 square feet is required; b. a Lot width of 290 feet on Belcher Road and 271 feet on Nursery Road where 150 feet is required; c. a maximum height (above BFE) of 29.3 feet for Building 1, 28.5 feet for Building 2 and 29.2 feet for Building 3 where 30 feet is allowed; d. a front (north) setback of 19.6 feet to buildings and 9.5 feet to other structures, where 25 feet is required; e. a front (east) setback of 19.8 feet to buildings and other structures, where 25 feet is required; f. a side (north) setback of 80.1 feet to buildings and 0.7 feet to other structures, where 10 feet is required; g. a side (south) setback of 24.2 feet to buildings and 23.4 feet to other structures, where 10 feet is required h. a side (east) setback of 9 feet to buildings where 10 feet is required; i. a side (west) setback of 79.4 feet to buildings and 8.1 feet to other structures, where 10 feet is required; -1- April 15, 2011 j. a rear (south) setback of 7.5 feet to buildings and 2.5 feet to other structures, where 15 feet is required; k. a rear (west) setback of 133.1 feet to buildings and 3.1 feet to other structures, where 15 feet is required; 1. 235 parking spaces where 292 spaces are required; m. Termination of Status as a Nonconformity for nonconforming structural setbacks currently in existence for the multifamily buildings, parking spaces and drive aisles; and n. compliance with Community Development Code, Termination of Status as a Nonconformity Sections 6-109.C.1 and 6-109.C.2 through a Comprehensive Landscape Program application (submitted simultaneously with this application). Section D. Written Submittal Requirements General Applicability Criteria: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. Belleair Gardens is located at the southwest intersection of two major streets: Belcher Road and Nursery Road and the development has frontage and a driveway on each street. All four corners of this intersection have a similar land use pattern: commercial uses fronting directly on the street, then multifamily development located adjacent to the commercial use, then transitioning to the lesser intensity of single family detached homes. Additionally, on the southwest corner of the intersection, there is a second multifamily development immediately south of Belleair Gardens with frontage and access from Belcher Road. This development pattern of transitioning from the most intense land use to the least intense is a typical pattern in Clearwater and in other Florida suburban communities. The land use designation, zoning districts and current land uses in the vicinity of Belleair Gardens are shown in the table below. -2- April 15, 2011 Belleair Gardens Summary of Surrounding Land Uses Location Land Use Category Zoning District Current Use North CG & RH C & MHDR Southside of Nursery Rd: Intervest Bank, Vacant Gas Station Northside of Nurseryy Rd: Retail Shopping Center & Multifamily (West of Belcher: Imperial Gardens; East of Belcher: Arbors of Belleair South RH MHDR Multifamily (Belleair Village Condominiums) East (across CG & ROR C Walgreen's Belcher Road) Drugstore, Office, Wachovia Bank, Multifamily (Oakbrook Village Apartments) West RS (Pinellas R-3, Single Family Single Family County) Residential District Detached Homes (Pinellas County) There are four multifamily developments in addition to Belleair Gardens that are located at the intersection of Belcher and Nursery Roads. These four developments are: Arbors at Belleair (northeast quadrant); Imperial Gardens (northwest quadrant); Oakbrook Village (southeast quadrant); and Belleair Village (southwest quadrant). Of the four nearby multifamily developments and Belleair Gardens, four sites (including the subject site) are developed at 30 units per acre. Additionally, four of the five multifamily developments in the vicinity are designated with land use plan categories and zoning districts that allow the 30 units per acre density that is currently developed on each multifamily site. The fifth project, Oakbrook Village, is located in the southeast quadrant of the intersection and is developed and has the land use category/zoning district for a density of 15 units per acre. The four multifamily developments in the vicinity of Belleair Gardens are two-story buildings with a similar scale and -3- April 15, 2011 total height as the Belleair Gardens site. In summary, based on this evaluation, the Belleair Gardens residential development is consistent in scale, bulk, coverage, density and character as the existing multifamily developments located at the same intersection. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site is located in a built-up area of Clearwater and as described above, all of the land in the vicinity of Belleair Gardens is fully developed with little likelihood of redevelopment in the near future. Additionally, Belleair Gardens has been in existence since the early 1970s and has co-existed in a complementary manner with the adjacent lands and developments for many years. Therefore, based on this analysis, the continued existence of Belleair Gardens will not hinder or discourage development nor impair the value of adjacent properties. In fact, it is expected that the renovations to Belleair Gardens will assist in stabilizing values in the area in the immediate future and, in the long term, contribute towards increasing property values in the area based on the improvements made to the site. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. Belleair Gardens is a residential use which does not present any adverse health or safety impacts on people working or residing in this neighborhood. 4. The proposed development is designed to minimize traffic congestion. There are currently two driveways for Belleair Gardens: one driveway on Belcher Road and one on Nursery Road and both driveways are proposed to remain in their current location. Both driveways are located at a substantial distance from the actual intersection and, therefore, are not likely to create traffic conflicts with intersection operations. Both driveways allow two-way movements and the site is developed such that vehicles can circulate through the site as appropriate to the resident's individual apartment location. Therefore, based on the current access and two driveway locations, the development will minimize traffic congestion and will not create negative traffic impacts. The City's code requires 2 spaces per unit for a total of 292 spaces for the 146 units. There are currently a total of 233 parking spaces with no handicapped spaces provided on site. The site plan proposes to install the required seven handicapped spaces in convenient locations for tenants of all three buildings. In addition to providing the handicapped spaces, three spaces have been added and the entire parking lot is proposed to be restriped to -4- April 15, 2011 slightly increase the parking spaces to a total of 235 spaces. With a total of 235 parking spaces, there will be a ratio of 1.6 spaces per unit. Due to the fully developed nature of the project, there is no available space within the site to gain enough additional parking spaces to meet the 2 spaces per unit ratio. To evaluate the reduction in parking spaces from the code requirement, Roy Chapman, P.E., Vice President of Florida Design Consultants, has prepared a parking study. The parking study found that the national average of parking spaces for Low/Mid-Rise Apartments is 1.4 spaces per dwelling unit (Parking Generation Report, 3`d Edition, prepared by Institute of Transportation Engineers). Additionally, there is a bus route that transverses Belcher Road with bus stops in the immediate vicinity of Belleair Gardens. In summary, Florida Design Consultants believes that the proposed 235 spaces which is a ratio of 1.6 spaces per unit along with the availability of bus service will result an adequate number of parking spaces for the development. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. As was described in the Response to Criterion 1 above, this multifamily development is consistent with the development pattern in the immediate vicinity both in terms of land use and density. In addition, Belleair Gardens has been in existence and a part of this community since the early 1970s and its renovation will continue to add to the community's viability by providing additional rental housing options for the area. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. Due to the nature of this residential use, there are no expected acoustic, olfactory or hours of operation impacts on adjacent properties. With regard to visual impact, the buildings within the site are consistent in height with adjacent residential developments. The renovation of the development will improve the exterior appearance and presentation to its neighbors. -5- April 15, 2011 Flexibility Criteria for Residential Infill Projects Section 2-404.F, Community Development Code 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity; other development standards; The project does not request a deviation from the intensity allowed in the MHDR zoning district but does request deviations for the front setback to buildings for Buildings 1 and 3; the side setback for Buildings 1 and 2; and the rear setback for Building 2. The specific reductions are shown on the site date table on page IA of the site plan set and all requests are for buildings that currently exist at the reduced setback. The requested deviations to the building setbacks are a relatively small reduction that would not be noticeable to either residents or the traveling public. This deviation for the existing Belleair Gardens structures are consistent with the multifamily developments located to the north (Imperial Gardens), south (Belleair Village) and east (Oakbrook Village) with regard to the front yard setback on Nursery and Belcher Roads of approximately 20 feet. The applicant also requests a reduction to the side setback for Building 2 from 10 feet to 7.5 feet and a reduction to the rear setback from 15 feet to 7.9 feet. The request for Building 3 is to reduce the east side setback from 10 feet to 9 feet. All of these setback locations are internal to the site and the small amount of deviation will not create a negative effect or impression on the adjacent property owners. The applicant requests deviations to the setbacks for all structural paving areas from the required setbacks to a range of distances from 0.7 feet to 19.8 feet ( See Site Data Table for specific locations and distances). This request is due to the fact that this project was constructed in the 1970s, substantially prior to the adoption of the current Community Development Code in 1999 which first established the requirement that paving must meet the same setback as buildings. The existing paving will remain in its current location with the exception of the parking spaces located on the western property line. Within this westernmost parking row, the site will be improved to increase the parking space length to meet the City's code requirement of 18 feet. As a result of the addition of paving west towards the western property line, the west setback to other structures will be reduced slightly in order to comply with the parking space dimensions. It should also be noted that the requested deviations are for existing buildings and structures that have been in this configuration since the structures were built in the early 1970s. Other than the setbacks, the project meets all other dimensional requirements of the MHDR district including the density, ISR, height, lot width and size. -6- April 15, 2011 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; As described in the response to General Applicability Criteria Nos. 1 and 2 above, the general vicinity of the project is characterized by commercial uses fronting on the two roads, transitioning to multifamily uses on all four quadrants of the Nursery/ Belcher intersection. The residential uses abutting the site to the south and west are consistent with and similar to the Belleair Gardens multifamily development and, therefore, are not expected to reduce the value of these abutting projects. In addition, both the Belleair Gardens and the adjacent uses have co- existed in proximity to each other for several decades without materially negatively affecting the value of the properties and this situation is expected to continue after the renovations to the project. 3. The uses within the residential infill project are otherwise permitted in the district; Belleair Gardens is defined as "Attached Dwellings" in the City's Code and that use is a permitted use in the MHDR zoning district so this criterion is met. 4. The uses within the residential infill project are compatible with adjacent land uses; As described in detail in the response to General Applicability Criteria No. 1 above, the Belleair Gardens multifamily development is similar in land use, density, scale and height with the four multifamily developments located at or near the intersection of Belcher Road and Nursery Road. On the western property line, Belleair Gardens is adjacent to a single family development which is well buffered from the multifamily buildings by a 6 foot high wall on the property line and the multifamily buildings being located approximately 89 feet from the common boundary line. Based on the similarity of use to the other multifamily projects and the buffering provided adjacent to the single- family homes, this criterion of compatibility is achieved. 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; The new owners of the Belleair Gardens development are committed to making site and building renovations that will enhance the project as well as make a positive contribution to the vicinity in which the project is located. The site improvements include improving the surface of and restriping of the parking lot; installing new landscape materials and trees on the site perimeter and within the parking lot area; and creation of a community gathering area/mail kiosk in the center of the site between Buildings 1 and 2 (current location of the mailboxes). -7- April 15, 2011 The applicant also proposes interior renovations to all residential units to include new appliances, new flooring and paint as well as the installation of sprinkler systems in Buildings 2 and 3. These improvements are expected to add value to the project and to assist in stabilizing property values in the vicinity of the project. 6. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; The Belleair Gardens project is consistent in use, density, scale and height to the four multifamily developments in the immediate vicinity of the site. Three of the four nearby developments are developed at the same density of 30 units per acre as is the Belleair Gardens site. The fourth site is developed at 15 units per acres. Additionally, all four projects are developed in a garden -apartment style with a scale and height consistent with the design of the Belleair Gardens site. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The applicant requests flexibility to the required setbacks and off-street parking only; the lot width and height requirements are met by the project and no flexibility is requested for these requirements. The response to the Residential Infill Project Criterion No. 1 above describes in detail how the requested flexibility for setbacks is justified and that the renovations of the project will provide benefit to the community and immediate vicinity of Belleair Gardens. The project requests flexibility with regard to the number of off-street parking spaces. The City's code would require a total 292 spaces for this site (2 spaces per dwelling unit x 146 units). As described in detail above in the response to General Applicability Criterion No. 4, the project proposes to install the required seven handicapped spaces, add parking spaces and restripe the entire parking area to slightly increase the total number of parking spaces to 235 spaces. The applicant has submitted a parking study prepared by Roy Chapman, P.E., Vice President, Transportation Services, Florida Design Consultants, to document that the proposed 235 spaces will be adequate for the project. Please refer to the enclosed parking study for more detail. Based on the documentation provided, the applicant believes that the flexibility with regard to setbacks and off-street parking are justified since the project will benefit the community and immediate vicinity. -8- April 15, 2011 Criteria for Termination of Status as a Nonconformity Section 6-109, Community Development Code A level two approval shall not be granted to terminate status as a nonconforming use or structure unless the nonconformity is improved according to the following requirements: 1. Perimeter buffers conforming to the requirements of section 3-1202 ( C) shall be installed. Simultaneously with this Flexible Development application, an application for Comprehensive Landscape Program has been submitted. Deviations to the buffer widths are requested for portions of the north and south buffers and a small deviation is requested for the west buffer. Please refer to the Comprehensive Landscape Program application for the justification for these deviations. 2. Off-street parking lots shall be improved to meet the landscaping standards established in section 3-1202 (D). Simultaneously with this Flexible Development application, an application for Comprehensive Landscape Program has been submitted. The landscape plans submitted with that application have been designed to add landscaping to the existing parking lot and perimeter buffers where physically possible and feasible. It should be noted that the parking lot complies with the 10% interior landscaping requirement and additional trees and plant materials are proposed to be installed within the existing parking lot landscape islands. Please refer to the Comprehensive Landscape Program application for the justification for these deviations and to the Landscape Plans for the specific proposed landscaping improvements. -9- April 15, 2011 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. There are two existing project signs: one located at each entrance to the site on Belcher and Nursery Roads. Each sign is 6 feet in height and is approximately 4' by 6' feet in sign area consistent with the City's code for the allowable type of multifamily development sign (Section 3-1806.A). Therefore, since the existing signs meet the code requirements, this criterion is met. (Note: It should be noted that the sign located on Belcher Road is partially within the sight triangle and will be relocated during construction to the south so that it is outside of the sight triangle.) There is no existing outdoor lighting nor are there any accessory structures on the property. Based on this information, the application meets this criterion. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this section. A Comprehensive Landscape Program application has been submitted simultaneously with this Flexible Development application to address the minor deviations necessary. A Comprehensive Sign Program is not necessary since the existing signs meet the City's requirements. -10- April 15, 2011 Clearwater Planning & Development Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 O 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 CASE NUMBER: 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 11/29/2010) PLEASE TYPE OR PRINT- APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Pensam Belleair Gardens, LLC MAILING ADDRESS: 777 Brickell Avenue, Suite 1200, Miami, FL 33131 PHONE NUMBER: 786-587-1549 CELL NUMBER: E-MAIL ADDRESS: PROPERTY OWNER(S): Pensam Belleair Gardens, LLC List ALL owners on the deed AGENT NAME: Edward Mazur, Jr., P.E., Florida Design Consultants, Inc. MAILING ADDRESS: 3030 Starkey Boulevard, New Port Richey, FL 34655 PHONE NUMBER: 727-849-7588 FAX NUMBER: 727-848-3648 CELL NUMBER: E-MAIL ADDRESS: emazur@fldesign.com The landscaping requirements of Article 3, Division 12, may be modified or waived as part of a Level One (Flexible Standard) or Level Two (Flexible Development) application, as the case may be, if the application for development approval includes a Comprehensive Landscape Program, which satisfies the following criteria. The use of landscape plans, sections/elevations, renderings and perspectives may be necessary to supplement the information provided on this worksheet. Landscaping associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. ARCHITECTURAL THEME: a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. See Exhibit "A" 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. See Exhibit "A" Page 1 of 2 :es- K:\Belleair Gardens Permits\Comprehensive Landscape Program Application.pdf 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. See Exhibit "A" 3. COMMUNITY CHARACTER: The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. See Exhibit "A" 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 for development. See Exhibit "A" 5. SPECIAL AREA OR SCENIC CORRIDOR PLAN: The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in'which the parcel proposed for development is located. See Exhibit "A" SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are tru and accurate to the best of my knowledge and author' e City representatives to visit and photograph the prope described in th§.appl+qation. Co STATE OF FLORIDA, COUNTY OF PWEttAS ? T Sworn to and subscribed before me this c; l day of A.D. 20 11 to me and/or by IFA 12c• L V who is personally known has of My commission Edith A Sterling d My Commission DD940708 %CTc0 Expires 01/2312014 - a C:IDocuments and Settingslderek.fergusonlLocal SettingslTemporary Internet FileslContent Out1ookWPMVX8F11Comprehensive Landscape Program 112010.docx Page 2 of 2 :es- K:\Belleair Gardens Permits\Comprehensive Landscape Program Application.pdf EXHIBIT A BELLEAIR GARDENS Comprehensive Landscape Program Application Introduction The Belleair Gardens Apartments were constructed in the early 1970s consisting of three groups of buildings with parking conveniently located surrounding the buildings. Each building grouping is designed to include a courtyard or swimming pool area in the center to serve as an amenity for the residents. The site has good access and visibility from two major streets: Belcher and Nursery Roads. Even though the apartments were constructed approximately 38 years ago, the internal parking lot landscaping meets the current City code regarding the interior landscaping comprising 10% of the vehicular use area. As part of the Flexible development application, the applicant proposes to add trees and plant materials within the parking lot islands so the site will meet the City code on this issue. The applicant requests flexibility for portions of the north, south, east and west buffer widths and the specific buffer deviations are in these locations: i. North Property Line (Internal): The required buffer along the internal north property line adjacent to the existing commercial uses is 10 feet. The applicant requests a reduction for a buffer ranging in width from 0.7 feet to 7 feet. ii. South Prope Line: The required buffer on the south property line adjacent to the existing multifamily development is 10 feet. The applicant requests a reduction to 7.5 feet for the sections of the buffer adjacent to the wings of Building 2 that are oriented in a north/south direction; and a reduction to 2.5 feet is requested for the parking area west of Building 2. For the balance of the southern property line, the buffer width of 10 feet will be provided. iii. Eastern Property Line (Internal): The required buffer along the eastern internal property line where Building 3 is adjacent to Intervest Bank is 10 feet in width. The applicant requests a reduction to 7 feet in width for this buffer. iv. Western Propej:ty Line: The required buffer on the west property line is 10 feet adjacent to single- family development and a reduction to 7.5 feet in width is requested. -1- April 15, 2011 Flexibility Criteria 1) Architectural Theme. a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. 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. Belleair Gardens was constructed in the early 1970s, approximately 38 years ago, prior to the adoption of the City's current code. The project does not comply with some of the current site development requirements since it was constructed pursuant to a different code more than three decades ago. As described above, the only landscape requirement for which flexibility is requested is the buffer widths on select property lines. Each flexibility request has mitigating circumstances which justify the requested reduction in buffer width. On the north internal grope line, the buffer width reduction is requested adjacent to the parking lots for the commercial uses. In addition, there is a six foot high solid fence along the majority of this property line that provides additional buffering. On the south propelty line, the mitigating circumstances include the similar multifamily use to the south as well as a 6 foot high solid fence which provides additional buffering. It should also be noted that for the great majority of the southern property line, the buffer width greatly exceeds the 15 foot width requirement. On the eastern internal prope line, the requested buffer deviation is a reduction from 10 feet to 7 feet. Building 3 is located within nine feet of the property line which prevents a full buffer width. To mitigate for the reduction in buffer width, the applicant proposes a 6 foot high solid fence along this property line to buffer the project from the existing bank. On the west propelly line, the requested reduction is as a result of the proposed western expansion of the parking spaces so that the parking area complies with the City's parking space and aisle dimensional requirements. In addition, this property line has an existing 6- foot high solid fence that provides additional buffering from the adjoining residential use. -2- April 15, 2011 Additionally, the applicant proposes to install new trees and landscape material within these and the other property buffers consistent with the number, size and type of landscape materials required by the City code. Please refer to the accompanying Landscape Architecture Plan for detail on the type and location of the new landscaping materials. 2) Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. The new landscaping proposed for Belleair Gardens will refresh the site and add visual interest within the parking lot and site perimeters. When the new landscaping is considered along with the existing tree canopy, the result will be a pleasant inviting multifamily site that enhances the neighborhood character as well as making a positive contribution to the City overall. 3) 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 for development. The building and site improvements to Belleair Gardens include the renovations to the interiors of the residential units, improving and restriping the parking lot and adding new trees and landscape materials to the site. These improvements will enhance the site as well as contributing towards a positive impact on the value of development in the vicinity. 4) Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. This site is not located within a Special Area or Scenic Corridor so there are no applicable guidelines for this project. -3- April 15, 2011 Belleair Gardens Parking Study Submitted to: City of Clearwater Prepared for: Pensam Belleair Gardens, LLC 777 Brickell Avenue, Suite 1200 Miami, FL 33131 Prepared by: Roy Chapman, P.E. Florida P.E. No.: 34438 Florida Design Consultants, Inc. 3030 Starkey Blvd. New Port Richey, FL 34655 Date: February 15, 2011 I VI/ N ?t 1.0 Introduction Belleair Gardens is an existing apartment complex located in the southwest quadrant of the Belcher Road and Nursery Road intersection in the City of Clearwater, Florida; see Figure 1, Project Location Map. The complex consists of three buildings. One driveway access each is provided to Belcher Road and Nursery Road. The two westernmost buildings have been closed for more than six months, while the easternmost building has been in continuous operation. Because two of the buildings have been closed for more than six months, this parking study has been prepared to determine whether adequate off-street parking will be provided once all three buildings are opened for tenants. 2.0 Existing Conditions The existing three buildings have a total of 146 dwelling units. This total includes one, two, and three bedroom units within the development. Table 1, below, indicates the number of bedrooms and number of units in each building in the project. Table 1. Existing Apartment Unit Mix Building 1 Bedroom 2 Bedrooms 3 Bedrooms Total 1 53 12 65 2 6 21 27 3 54 54 Total 53 72 21 146 The Pinellas Suncoast Transit Authority (PSTA) operates Route Number 62 on Belcher Road in front of the project. This bus route operates on a headway of approximately one hour for northbound buses and one hour for southbound buses. The closest southbound bus stop is located along the project's Belcher Road frontage with the stop being placed just south of the project driveway. Northbound, two stops are located in close proximity to the Belleair Gardens site. One is located approximately 300 feet south of the project driveway to Belcher Road and the other is located just north of Nursery Road. The bus stop locations are indicated in Figure 1. 2.1 Existing Parking and Parking Requirements Parking for the facility is provided entirely by off-street parking within the project. There are currently 233 parking spaces within the project, none of which are for handicap vehicles. The property is located within the City of Clearwater's Medium High Density Residential (MHDR) District and has been located in this zoning district since the Community Development Code was adopted in 1999. The MHDR development standards call for 2 off-street parking spaces per dwelling unit. The 146 dwelling units should, therefore, 1 have 292 parking spaces. With 233 spaces being provided, the project is 59 parking spaces shy of the number that should have been provided using the code provisions. 3.0 Proposed Usage and Parking Spaces The proposed development is to reuse the existing buildings and not to change the number of units or number of bedrooms provided in each unit. Based on the 146 dwelling units and the MHDR code requirement of 2 parking spaces per unit, the code would require 292 parking spaces. Included in the total parking spaces required is the need for handicap spaces. According to Section 3-1409 of the Community Development Code, a facility with between 201 and 300 parking spaces will need 7 handicap spaces. It is proposed to provide all 7-handicap spaces within the site. As these spaces take more room than a regular parking space, there would have been a reduction in the total number of spaces if additional paved area was not provided. In order to maintain the existing total of 233 spaces, including 7 handicap spaces, the parking area was expanded to maintain the existing total number of spaces. 4.0 Review of Needed Parking Spaces The need for off-street parking to serve this site has been reviewed. The Institute of Transportation Engineers (ITE) has published a Parking Generation Report, 3rd Edition, 2004 that indicates off-street parking provided for many land uses. Their Land Use 221 covers Low/Mid-Rise Apartment units and covers rental units of up to four stories in height. The Belleair Gardens Apartments consist of three buildings, each of which has 3 stories. Therefore, Land Use 221 fits this development. ITE has collected data from a number of similar apartment developments for this land use and has developed formulas to indicate the parking demand in suburban and urban areas. These formulas have been used to determine a range of parking demands for the Belleair Gardens site, as indicated in Table 2 below. Table 2. ITE Parking Demand Number of Units Weekday Suburban Weekday Urban Saturday Urban Peak Demand Peak Demand Peak Demand 146 D.U. 163 Spaces 134 Spaces 149 Spaces Additionally this ITE source indicates the average parking supply provided at the 44 Low/Mid-Rise Apartment complexes studied for their report. The average was 1.4 parking spaces per dwelling unit. This results in an average of 204 off-street parking spaces being provided for apartment complexes the same size as the Belleair Gardens project. Copies of pertinent sections of the ITE Parking Generation Report are provided in the Appendix. As indicated earlier in this report, there is an existing PSTA bus line operation on Belcher Road immediately adjacent to this site. The buses have the ability to carry up to two 2 bicycles on the front of the bus, thereby extending the range of riders once they near their destination. The provision of bus service adjacent to the site should reduce the need to use motor vehicles and would translate to fewer vehicles being owned by the residents of this project. This could reduce parking demand by approximately 5 percent. Based on this review it has been determined that the peak parking demand would be for 163 parking spaces, which would be reduced due to the presence of nearby bus service. The demand for parking would be reduced to 155 parking spaces, once bus transit is taken into consideration. The parking demand, average number of spaces provided for similar sized apartment complexes, and number of spaces to be provided are summarized in Table 3 below. Table 3. Belleair Gardens Parkiniz Needs Peak Demand Average at Similar Spaces to be Size Complexes Provided in Project Number of Spaces 155 204 233* *Includes 7 Handicap Spaces Based on the review provided in this study, the proposed 233 off-street parking spaces to be provided at the Belleair Gardens Apartments will meet the projected demand and should be approved. 5.0 Conclusion The Belleair Gardens Apartments are proposed to have 233 parking spaces, which will include 7 handicap spaces. The 7 handicap spaces are a new addition to the site and will meet City code requirements. The 233 total spaces are less than the 292 indicated by the City's code, but match the existing number of spaces that are provided and should be adequate to meet the parking demand as indicated in this study. The proposed 233 parking spaces for 146 D.U. of apartment land use results in a parking ratio of 1.6 spaces per unit. This is consistent with national standards. K:\Belleair Gardens\Reports\Belleair Gardens Parking Study.docx 3 N _ NURSERY ROAD z Q O - -- w ?. w B? LA1R XfiST#NG "AY v GARDtNS . . BLDG".1 BLDG:2 . o L - ? j r M O N N a a , 3 v 'a< _ _ LEGEND: m BUS STOP LOCATION G? DESCRIPTION, PROJECT LOCATION MAP PROJECT No. EPN. 0 2010-55 430 0 a DATE: FIGURE. FLORIDA DESIGN CONSULTANTS, INC. 2-14-10 ENGINEERS, ENVIRONMENTALISTS, SURVEYORS B PLANNERS Y DRAWN BY, 3030 Starkey Blvd, New Port Richey FL 34655 Tel, (727) 849-7588 - Fax, (727) 848-3648 RAH Parking Generation, 3rd Edition An Informational Report of the Institute of Transportation Engineers The Institute of Transportation Engineers (ITE) is an international educational and scientific association of transportation and traffic engineers and other professionals who are responsible for meeting mobility and safety needs. ITE facilitates the application of technology and scientific principles to research, planning, functional design, implementation, operation, policy development and management for any mode of transportation by promoting professional development of members, supporting and encouraging education, stimulating research, developing public awareness, and exchanging professional information; and by maintaining a central point of reference and action. Founded in 1930, ITE serves as a gateway to knowledge and advancement through meetings, seminars and publications; and through our network of more than 16,000 members working in some 90 countries. ITE also has more than 70 local and regional chapters and more than 120 student chapters that provide additional opportunities for information exchange, participation and networking Parking Generation is an informational report of the Institute of Transportation Engineers. The information has been obtained from experiences of transportation engineering professionals and research. ITE informational reports are prepared for informational purposes only and do not include ITE recommendations on which is the best course of action or the preferred application of the data. i MMW Institute of Transportation Engineers 1099 14th St. NW, Suite 300 West Washington, DC 20005-3438 USA Telephone: +1 202-289-0222 Fax: +1 202-289-7722 ITE on the Web: www.ite.org © 2004 Institute of Transportation Engineers. All rights reserved. Publication No. IR-034B Second Printing 1000/GOOD/0305 ISBN No: 0-935403-92-2 Printed in the United States of America Land Use: 221 Low/Mid-Rise Apartment Land Use Description Low/mid-rise apartments are rental dwelling units located within the same building with at least three other dwelling units, for example quadraplexes and all types of apartment buildings. The study sites in this land use have one, two, three, or four levels. High-rise apartment (Land Use 222) is a related use. Database Description The database consisted of a mix of suburban and urban sites. Parking demand rates at the suburban sites differed from those at urban sites and therefore the data were analyzed separately. • Average parking supply ratio: 1.4 parking spaces per dwelling unit (44 study sites). This ratio was the same at both the suburban and urban sites. • Suburban site data: average size of the dwelling units at suburban study sites was 1.7 bedrooms and the average parking supply ratio was 0.9 parking spaces per bedroom (three study sites). • Urban site data: average size of the dwelling units was 2.2 bedrooms with an average parking supply ratio of 0.8 spaces per bedroom (eight study sites). Saturday parking demand data were only provided at two suburban sites. The average Saturday parking demand at these two sites was 1.13 vehicles per dwelling unit. One urban site with 15 dwelling units was counted on a Sunday during consecutive hours between 1:00 p.m. and 5:00 a.m. Peak parking demand occurred between 12:00 and 5:00 a.m. and was measured at 1.00 vehicle per dwelling unit. About half of the urban sites were identified as affordable housing. Several of the suburban study sites provided data regarding the number of bedrooms in the apartment complex. Although these data represented only a subset of the complete database for this land use, they demonstrated a correlation between number of bedrooms and peak parking demand. Study sites with an average of less than 1.5 bedrooms per dwelling unit in the apartment complex reported peak parking demand at 92 percent of the average peak parking demand for all study sites with bedroom data. Study sites with less than 2.0 but greater than or equal to 1.5 bedrooms per dwelling unit reported peak parking demand at 98 percent of the average. Study sites with an average of 2.0 or greater bedrooms per dwelling unit reported peak parking demand at 13 percent greater than the average. 48 Institute of Transportation Engineers Parking Generation, 3rd EdRion F i g P = 1.43x - 46 R2=0.93 s®® .ooo s o + Actual Data Points Institute of Transportation Engineers Land Use: 221 Low/Mid-Rise Apartment Average Peak Period Parking Demand vs: Dwelling Units On a: Weekday Location: Suburban Peak Period 12:00-5:00 a.m. Number of Stud Sites 19 Average Size of Stud Sites 320 dwelling units Average Peak Period Parkin Demand 1.20 vehicles per dwelling unit Standard Deviation 0.32 Coefficient of Variation 26% Range 0.68-1.94 vehicles per dwelling unit 85th Percentile 1.46 vehicles per dwelling unit 33rd Percentile 1.09 vehicles er dwelling unit Weekday Suburban Peak Period Parking Demand 2000 a? s 1500 CD 1000 0 500 - II CL n 500 1000 x = Dwelling Units - - - - Average Rate Parking Generation, 3rd Edition Land Use: 221 Low/Mid-Rise Apartment Average Peak Period Parking Demand vs: Dwelling Units On a: Weekday Location: Urban 3 - $ ,-- a?si? ?. °' `?? r?? Peak Per?oi7 `Demand Peak Period 9:00 .m.-5:00 a.m. Number of Stud Sites 12 Average Size of Stud Sites 165 dwellin units Average Peak Period Parkin Demand 1.00 vehicles per dwelling unit Standard Deviation 0.22 Coefficient of Variation 22% Range 0.66-1.43 vehicles per dwelling unit 85th Percentile 1.17 vehicles per dwelling unit 33rd Percentile 0.92 vehicles per dwelling unit Weekday Urban Peak Period Parking Demand N 600 4) 5 500 g 400 300 200 11 100 e. 0 -,Mr? 0 200 400 600 x = Dwelling Units • Actual Data Points Fitted Curve - - - - Average Rate O s? + P=0.87x+7 R2 = 0.95 t, E_ i Land Use: 221 Low/Mid-Rise Apartment Average Peak Period Parking Demand vs: Dwelling Units On a: Saturday Location: Urban .g1.'i'..Tf v^ '.,1sn3•e'.? _ .41 Safi R __ ct? F.. '"2ST F4. ?i??'c.ne.'R ?? { Reak Period Demand ._ - ?_.__ ._ _ t... Peak Period 9:00 .m.-7:00 a.m. Number of Stud Sites 7 Average Size of Stud Sites 110 dwelling units Average Peak Period Parkin Demand 1.02 vehicles per dwelling unit Standard Deviation 0.21 Coefficient of Variation 20% Range 0.80-1.43 vehicles per dwelling unit 85th Percentile 1.17 vehicles per dwelling unit 33rd Percentile 0.90 vehicles per dwelling unit Saturday Urban Peak Period Parking Demand m 500 400 2 a? > 300 200 L ®- 100 If CL 0 0 100 200 300 400 500 x = Dwelling Units s Actual Data Points Fitted Curve/Average Rate 53 P = 1.01 + 2 R = 1.00 Parking Generation, 3rd Edition NURSERY ROAD 0 Q 0 ry ry w U J Li m N K:\430\ProjDoto\Exhibits\430-COLOR GRAPHIC OF PROPOSED SITE.dwg - Apr 14, 2011 @ 7:22am - rholl PLANT SCHEDULE mpFe qty 9DTANca _ MuD= ua>.F CQhi 2L 54.E BEMAH55 14 Logerelmemm mdmo Natene: Netcne Dmpe MY11. - 2'em 8'-10' HL, 3'-a' sp. Drought Toleront LT T L09erst1uemlo Inane 'T®c0mm' i-.- grope My - 2'C01 8'-10' It., 3-4' Sp. Toleront D-gh, ML I g i0 g ntllflor0 'Ertl. 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I-.h Howthom 3 g .l,. 14 114"0 3' oc Drought Toleront VS 21 Ybu - suapensum SDndonkwo Yburnum 3 1,01., 20' . 20'0 3 oc D-ghl Tolerant GRODND C OVERS m tt COMMON N CM REMARKS AG 410 -thle 9la a . 'N6hck OrnO--, Peanut 12119', 1 gaLG 2D' oc Drocgnt Tolerant LC 125 1--... com0ro Lantana 18' . 18". 1 901. O 18' oc Drought tolerant Le 389 Lo., mu -i 'Er,-ld godEese' ED ]slope 12-x18', 1 901.0 24' oc Droug M1t io er 1, From Rade Groundcovelson Roberson Lcxwnx, e.•9ep Fps. ei xecesnu, n-ooz Resource PENSAM BELLEAIR GARDENS, LLC BELLEAIR GARDENS 'za°o=ee Group, LLC FlOrlda Design ConsullanlS Nlac. 7)7 BRICK ILL AVE. SMITE 1200 RENDERED LANDSCAPE B SITE PLAN MIAMI, FLORIDA 33131 2 Oa1Ia II Rev. , Clearwater DRC Commenlo Landscape Archiledura Sga Plsnning.COnsul9ng ArWdsl r ww i .i &lom sss PHONE, (786) 587-1549 LANDSCAPE PLAN 031071u A LAI ,R T- -11 o ul