LUP2011-01001; 1475 SUNSET POINT RD; CAY 1475 LLCLUP2011-01001
1475 SUNSET POINT RD
Date Received: 2/7/201110:10:43 AM
Cay 1475 LLC
ZONING DISTRICT: Office
LAND USE: Residential/Office General
ATLAS PAGE: 261A
PLANNER OF RECORD: CL
PLANNER: Cate Lee, Planner III
CDB Meeting Date: May 17, 2011
Case Number: LUP201 1 -01001
Owner/Applicant: Cay 1475 LLC
Address: 1475 Sunset Point Road
Agenda Item: EE=1
STAFF REPORT
LAND USE PLAN AMENDMENT
1. GENERAL INFORMATION
Request: To amend the Future Land Use Map designations from Residential Urban
(RU), Residential/Office General (R/OG) and Commercial General (CG) to
Residential/Office/Retail (R/O/R)
Location: 1475 Sunset Point Road, located on the south side of Sunset Point Road,
approximately 150 feet west of Highland Avenue
Site Area: 66,211 square feet or 1.52 acres MOL
II. BACKGROUND
This case involves a 1.52-acre property located at 1475 Sunset Point Road and owned by
Cay 1475 LLC. The property is comprised of one parcel and is currently occupied by a
structure formerly used as a bank.
The request is to change the property's Future Land Use Map designations of Residential
Urban (RU), Residential/Office General (R/OG) and Commercial General (CG) to
Residential/Office/Retail (R/O/R). The applicant has indicated that the intended use of the
property will be retail sales and services (Family Dollar).
A Development Agreement and a request for rezoning of the property from Office (O) and
Low Medium Density Residential (LMDR) to Commercial (C) are being processed
concurrently with this case (see REZ201 1 -01001 and DVA201 1 -01001). The Development
Review Committee approved a Flexible Standard Development application for Family
Dollar at its March 3, 2011 meeting (issuance of development order pending approval of the
associated cases).
In June 2010 Belleair Development Group, LLC requested to amend the Future Land Use
Map designations to Commercial General (CG). On July 20, 2010 the Community
Development Board recommended denial of the request and on August 5, 2010, City
Council denied the request.
III. SITE AND VICINITY CHARACTERISTICS
A. Site Characteristics
The subject property functioned as a bank beginning in 1965 and ending in May 2007 with
the closure of Bank of America. The former bank site contains a building, parking lot, and
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entrance on the north portion of the property fronting on Sunset Point Road, and a drive
through and drive isle traversing the eastern portion of the property, connecting to Highland
Avenue. The applicant intends to demolish the current building to develop the site as a
Family Dollar retail store.
B. Table 1: Surrounding Future Land Use and Zoning Designations
I'xisting Conditions
Direction Land Use FLUM Designation Zoning Atlas
Designation
North: Single family residential Residential Urban (RU) Low Medium Density
Residential (LMDR)
East: Vacant gas station Commercial General Commercial (C)
CG
South: Single family residential Residential Urban (RU) Low Medium Density
Residential (LMDR)
West: Retail store Residential/Office Office (O)
General R/OG)
C. Table 2: Uses and Intensities Allowed by Present and Requested Future Land Use
Designations
rimary Present FLt;':m
Designation
Residential Urban
Urban Low Density Present FLtJNI
I)esignation
Residential/Office
Medium Density Present FLtjM
I)esignation
Commercial General
Office; Retail; Requested FL()'M
Designation
Resident ial/O ft tee/
Residential;
Uses: Residential Residential/Office Personal Service; Residential
Overnight Equivalent; Office;
Accommodations; Retail; Overnight
Wholesale; Warehouse Accommodations;
Personal/Business
Services
Maximum 7.5 Dwelling Units 15 Dwelling Units Per 24 Dwelling Units Per 18 Dwelling Units Per
Density: Per Acre Acre Acre Acre
Maximum FAR 0.40; ISR 0.65 FAR 0.50; ISR 0.75 FAR 0.55; ISR 0.90 FAR 0.40; ISR 0.85
Intensit :
Consistent Low Medium Density Office (O); Medium Office (O); Office (O);
Zoning Residential (LMDR); Density Residential Commercial (C) Commercial (C);
Districts: Medium Density (MDR) Medium Density
Residential (MDR) Residential (MDR)
IV. REVIEW CRITERIA
No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended
for approval or receive a final action of approval unless it complies with the standards
contained in Section 4-603.F, Community Development Code.
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A. Consistency with the Clearwater Comprehensive Plan [Section 4-603.F.11
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which
are not supportive of the proposed amendments include:
Policy A.2.2.3 Commercial land uses shall be located at the intersection of arterial or
collector streets and should be sited in such a way as to minimize the intrusion of off-site
impacts into residential neighborhoods. New plats and site plans shall discourage the
creation of "strip commercial" zones by insuring that adequate lot depths are maintained
and by zoning for commercial development at major intersections.
Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure
comprised of a hierarchy of places and linkages. The citywide design structure will serve
as a guide to development and land use decisions while protecting those elements that
make the city uniquely Clearwater.
Policy A.5.5.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
Objective A.6.2 The City of Clearwater shall continue to support innovative planned
development and mixed land use development techniques in order to promote infill
development that is consistent and compatible with the surrounding environment.
Map A-14 (and Attachment) Neighborhood Shopping Centers and Surrounding Non-
residential Uses - Neighborhood Centers typically consist of a limited number of
commercial establishments that fulfill the basic needs of residents within one mile of the
center.
Table 3: Parcels West of the Subject Property to King's Highway Along Sunset
Point Road
Address(es) Linear FLUM Zoning
Distance Designation Designation SiZC3
1463 0' Residential/Office Office (O) Retail store 3,680 SF
1465 General (R/OG)
1455 100' Residential/Office Office (O) Dentist office 3,800 SF
General (R/OG)
1453 200' Residential/Office Office (O) Veterinarian 4,200 SF
General (R/OG)
1425 300' Residential/Office Office (O) Vacant 1,750 SF
General (R/OG)
1419 400' Residential/Office Office (O) Daycare 4,688 SF
General (R/OG)
1413 500' Residential High Medium High Vacant lot N/A
(RH) Density Residential
(MHDR
1872 667' Residential High Medium High Vacant lot N/A
1874 King's (RH) Density Residential
H (MHDR)
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Notes:
1. Linear distance in feet from the western property edge of 1475 Sunset Point Road.
2. Current use for which a current Business Tax Receipt has been obtained and recorded in City permitting software.
3. Total finished building square footage (source: Pinellas County Property Appraiser)
4. Retail sales and services is allowable only as an accessory use in the Office (O) zoning district, and is therefore, in
these two cases, a nonconforming use.
Recommended Conclusions of Law
The request conflicts with the goals, objectives and policies of the Clearwater
Comprehensive Plan as indicated in the following. The proposed extension of
commercial uses along the predominantly residential Sunset Point Road corridor could
negatively impact the adjacent single-family residential neighborhoods to the north and
south. Sunset Point Road, west of Highland Avenue, is primarily residential in nature
with office and some nonconforming retail uses (see Table 3). The Citywide Design
Structure, as shown on Map A-14, depicts the southeast corner of Sunset Point Road and
Highland Avenue, Sunset Square Shopping Center, as a Neighborhood Shopping Center.
Neighborhood Centers are intended to fulfill the basic needs of residents within one mile
of the center. This designated Neighborhood Center does not include the property to the
west of Highland Avenue as it recognizes there is sufficient commercially designated
land currently in place. The proposal to expand commercial use designations outside of
the Neighborhood Center creates more commercial land than is needed to support the
basic needs of the surrounding residents. Currently, the two shopping centers at the
southeast corner of Sunset Point Road and Highland Avenue have 19,490 square feet of
vacant commercial space. Approval of more land west of Highland Avenue for
commercial use will add more commercially designated property in a neighborhood that
has an overabundant supply of existing vacant commercial space.
The proposed amendment would allow for additional uses not allowed by two of the
three subject property's current future land use designations. Some of these potential
uses are incompatible with the surrounding environment and envisioned character of the
neighborhood. While the applicant is proposing a Development Agreement that would
limit the more severe incompatible uses (adult entertainment, night clubs or bars and
new and used car sales), the Agreement only endures for ten years, at the end of which
the restrictions expire. However, at termination of the Development Agreement, the
Future Land Use Map designation, and allowed uses, stays with the property.
B. Consistency with the Countywide Plan Rules
Recommended Findings of Fact:
The purpose of the proposed Residential/Office/Retail (R/O/R) category, as specified in
Section 2.3.3.4.3 of the Countywide Plan Rules, is to depict those areas of the County
that are now developed, or appropriate to be developed, in residential, office and/or
retail commercial use; and to recognize such areas as well-suited for mixed-use of a
residential/office/retail character consistent with the surrounding uses, transportation
facilities and natural resource characteristics of such areas.
The site is located across the Sunset Point Road right-of-way from single family homes
to the north. To the immediate south are also single family homes. A vacant gas station
is located immediately east of the site. To the west is a small market (nonconforming
use).
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Locational Characteristics, as specified in Section 2.3.3.4.3, state that the
Residential/Office/Retail (R/O/R) category is appropriate to locations where it would
serve as a transition from an urban activity center or more intensive nonresidential use to
residential, office or public/semi-public use; and in areas where the size and scale of
development will accommodate true mixed residential, office and retail use. These areas
are typically in proximity to and served by the arterial and major thoroughfare highway
network in and adjacent to activity centers where mixed-use development allows
interaction between uses and encourages mass transit and nonvehicular trips. The subject
property is not located in or adjacent to an activity center. However, the property is
located on a PSTA bus route.
Recommended Conclusions of Law
The site is not located in or adjacent to an activity center. It is near Sunset Square
Shopping Center, which, as previously noted, is designated as a Neighborhood Shopping
Center and is intended to provide for the commercial needs of residents within one mile.
Additional commercial (retail) acreage in the vicinity is unneeded to serve the
neighborhood residents and the existing future land use category already serves as a
transition from the Neighborhood Center to surrounding residential. The proposed plan
amendment is not consistent with the purpose or the locational characteristics of the
Countywide Plan Rules.
C. Compatibility with Surrounding Property/Character of the City & Neighborhood
[Section 4-603.F.3 and Section 4-603.F.6]
Recommended Findings of Fact:
The subject property is located on the south side of Sunset Point Road, between Kings
Highway and North Highland Avenue. The character of the neighborhood is a mix of
single family residences, multi-family residences, retail, offices, and a gas station. To
the north and south are single family homes.
To the east is an automobile service station. But the property has not been used as such
since July 2003 and has been vacant since that time. To the west is a 3,680 square foot
building that contains two units, one a nonconforming retail store and the other is vacant
(formerly used as a printing shop).
The proposed Residential/Office/Retail (R/O/R) Future Land Use designation primarily
permits residential, residential equivalent, office, retail, overnight accommodations,
personal/business services uses. Therefore, the category and district as proposed do not
appear appropriately located. Commercial uses (retail) are not compatible with single-
family uses. A less intensive use, such as office, would be more appropriate located
contiguous to single-family homes and fit in with the character of Sunset Point Road
west of Highland Avenue. The proposed change intensifies the uses allowed on the
portion of the property that abuts single family homes. If approved, this property would
be the only property in this area with the R/O/R designation. The existing R/OG
designation is more appropriate to the character of the neighborhood and allows for the
transition from commercial properties to the east to residential properties to the north,
south and west. This request is not compatible with the surrounding area and may
unreasonably affect the use of the property in the area.
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Recommended Conclusions of Law
The proposed Future Land Use Map designation is not in character with the overall
Future Land Use Map designations in the area. It is not compatible with surrounding
uses and not consistent with the character of the immediate surrounding area and
neighborhood.
D. Sufficiency of Public Facilities [Section 4-603.F.41
Recommended Findings of Fact:
To assess the sufficiency of public facilities needed to support potential development on
the property, the maximum development potential of the property under the present and
requested Future Land Use Map designations was analyzed (see Table 4). The request
for amendment to the Residential/Office/Retail (R/O/R) Future Land Use Map category
would allow four additional dwelling units, but 6,903 square feet fewer of nonresidential
floor area on the subject property.
Table 4. Development Potential for Existing & Proposed FLUM Designations
Site Area 0.08 AC (3,485
SF) 1.15 AC (50,094
SF) 0.29 AC
(12,632) 1.52 AC (66,211
SF)
Present FLUM Present FLUM Present Requested FLUM
Designation Designation
"
" FLUM
Designation
Net Change
"RU" NOG Designation 4WO/W"
"CG"
0 DUs 17 DUs 6 DUs 27 DUs 4 DUs
Maximum
1,394.0 SF
25,047.0 SF
6,947.6 SF
26,484.4 SF
-6,904.2 SF
Development
0.40 FAR 0.50 FAR 0.55 FAR 0.40 FAR -0.08 FAR
Abbreviations:
FLUM - Future Land Use Map DUs - Dwelling units
AC - Acres FAR - Floor area ratio
SF - Square feet
The proposed change in designations would allow an increase in the number of dwelling
units, but a decrease in the amount of allowable Floor Area Ratio (thus a decrease in
square footage). Currently the site is developed with a 10,586 square foot building,
giving the site a Floor Area Ratio of 0.16.
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Table 5. Public Facilities Level of Service Analysis
Public
Maximum
Potential Impa
ct to Public Facili
ties/Ser%,ices
IM,
Facility/ Present FLUM Present FLUM Present FLUM Requested FLUM Net Available?
Service Designation Designation Designation Designation
"RU" " R/OG " "CG " "NO/R "
Streets 1 Trip 19 Trips 13 Trips 49 Trips 16 Trips Yes
Potable 694.8 GPD Yes
Water 156.2 GPD2 2,504.7 GPD2 2,648.4 GPD2 -707 GPD
Wastewater 140.6 GPD 2,003.8 GPD 555.8 GPD 2,118.8 GPD -581 GPD Yes
1.52 46.34 12.85 74 Yes
Solid Waste Tons/Year Ton/Year Ton/Year 135.07 Ton/Year Ton/Year
Parkland 0.0 Acres 0.0 Acres 0.0 Acres 0.0 Acres 0 N/A
Public Yes
School
Facilities'
0.51 Yes
Elementary 0.09 Students 2.55 Students 0.9 Students 4.05 Students Students
Middle 0.24 Yes
School 0.04 Students 1.19 Students 0.42 Students 1.89 Students Students
0.34 Yes
High School 0.06 Students 1.7 Students 0.6 Students 2.7 Students Students
Notes:
1. Based on P.M. Peak Hour Trip Generation Rates, Pinellas County Countywide Plan Rules.
- Residential Urban
- Residential/Office General
- Commercial General
- Residential/Office/Retail
2. GPD - Gallons per day.
3. Based on 4.0 acres of parkland per 1,000 persons and 2.2 persons per unit.
4. Pinellas County School Board student generation rate per unit:
- Elementary School: 0.15 students per unit x 1 unit
- Middle School: 0.07 students per unit x I unit
- High School: 0.10 students per unit x 1 unit
As shown in Table 6 below, the potential additional maximum daily trips associated
with the requested amendment to the Residential/Office/Retail (R/O/R) Future Land Use
designation would not lower the operating level of service for Sunset Point Road.
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Table 6: Maximum Potential Traffic
Sunset Point Rd
(Edgewater Dr/Alt US 19 to Keene Rd) Existing
Conditions Current
FLUMI Proposed
FLUMZ Net New
Trips
Potential Additional Maximum Dail Trips N/A 351 515 164
Potential Additional Maximum PM Peak
HourTri s3 N/A 33 49 16
Roadway Volume 9,675 10,026 10,190 164
Roadway Level of Service PM Peak Hour C C5 C
Adopted Roadway Level of Service Standard D Pea k Hour
Abbreviations and Notes:
N/A = Not Applicable.
FLUM = Future Land Use Map, Clearwater Comprehensive Plan.
1. Based on PPC calculations of 68 trips per day per acre in the Residential Urban (RU) future land use category.
Based on PPC calculations of 178 trips per day per acre in the Residential/Office General (R/OG) future land use category.
Based on PPC calculations of 487 trips per day per acre in the Commercial General (CG) future land use category.
2. Based on PPC calculations of 339 trips per day per acre for in the Residential/Office/Retail (R/O/R) future land use
category
3. Based on MPO K-factor of 0.095.
4. Source: Pinellas County Metropolitan Planning Organization 2010 Level of Service Report.
5. Based on a comparison between the Pinellas County Metropolitan Planning Organization 2010 Level of Service Report
and the 2009 Florida Department of Transportation Quality/Level of Service Handbook.
Recommended Conclusions of Law
Based upon the findings of fact, it its determined that the traffic generated by the
proposed amendment will not result in the degradation of the existing level of service on
Sunset Point Road. There is an increase in demand of solid waste service, but there is
adequate capacity to accommodate the maximum demand generated by the proposed
amendment. Furthermore, parkland, recreation facilities, public school facilities and
mass transit will not be affected by the proposed amendment.
E. Impact on Natural Resources [Section 4-603.F.51
Recommended Findings of Fact:
No wetlands appear to be located on the subject property. This property is developed as
a drive-in bank and has trees and landscaping on site.
Recommended Conclusions of Law
Based on current information, no wetlands appear to be located on the subject property.
The intent of the applicant is to redevelop the property as a Family Dollar retail store.
The site is currently developed. The proposed redevelopment is required to be compliant
with the City's tree preservation and storm water management requirements.
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V. REVIEW PROCEDURE
Approval of the Future Land Use Map amendment does not guarantee the right to develop
the subject property. The Future Land Use Map amendment is subject to approval by the
Pinellas Planning Council and Board of County Commissioners acting as the Countywide
Planning Authority. Based on the requested density, review and approval by the Florida
Department of Community Affairs is required. The property owner must comply with all
laws and ordinances in effect at the time development permits are requested, including
transportation concurrency provisions of the Concurrency Management System in Division
9, Community Development Code.
VI. RECOMMENDATION
Based on the foregoing, the Planning & Development Department recommends the
following action:
Recommend DENIAL of the request for Future Land Use Map amendment from the
Residential Urban (RU), Residential/Office General (R/OG) and Commercial General (CG)
classifications to the Residential/Office/Retail (R/O/R) classification.
Prepared by Planning & Development Department staff:
Catherine Lee
Planner III
Attachments:
Resume Future Land Use Map
Application for Future Land Use Plan Zoning Map
Amendment Existing Surrounding Use Map
Location Map Site Photographs
Aerial Photograph of Site and Vicinity
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Catherine Lee, LEED Green Associate
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee(&myclearwater.com
PROFESSIONAL EXPERIENCE
Planner III, Long Range Division October 2010 to Present
Planner II, Long Range Division November 2008 to October 2010
City of Clearwater, Clearwater, Florida
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Coordinate and manage various projects.
Planner I and Planner H, Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson, AICP.
Teaching Assistant
Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007
Explained North American land use patterns and concepts to students, including planning history and
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
American Planning Association
LEED Green Associate
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LOCATION MAP
Owners: Cay 1475 LLC Case: LUP201 1 -01001
Site: 1475 Sunset Point Road Property
Size (Acres) : 1.52
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From : R/OG, RU, CG O, LMDR
To: R/O/R C Atlas Page: 261 A
SAPlanning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475
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Owners: Coy 1475 LLC Case: LUP201 1 -01001
Site: 1475 Sunset Point Road Property
Size(Acres): 1.52
Land Use Zoning
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: PIN: 02-29-15-00000-320-0200
To: R/O/R C Atlas Page: 261 A
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LANE
EXISTING SURROUNDING USES
Owners: Cay 1475 LLC Case: LUP201 1 -01001
Site: 1475 Sunset Point Road Property Size(Acres): 1'52
Land Use Zoning
PIN: 02-29-15-00000-320-0200
From : R/OG, RU, CG O, LMDR
To: R/O/R C Atlas Page: 261 A
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475
LLC\Maps\LUP201 1-01001 Existing Surrounding Uses Map.doc
a
AERIAL PHOTOGRAPH
", 11
Owners: Cay 1475 LLC Case: LUP201 1 -01001
Site: 1475 Sunset Point Road Property
Size(Acres): 1.52
Land Use Zoning
From : R/OG, RU, CG O, LMDR PIN: 02-29-15-00000-320-0200
To: R/O/R C Atlas Page: 261 A
S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point Rd 1475 LUP2011-01001- Cay 1475
LLC\Maps\LUP20 1 1 -01001 Aerial Photograph.doc
'OEast of the subject property
F n-
MINOR View looking westerly along Sunset Point Road
LUP2011-01001
Cay 1475, LLC
1475 Sunset Point Road
West of the subject property
gg
C` " ah"._
Across street, to north of the subject property
View looking easterly along Sunset Point Road
` d CITY OF CLEARWATER L U&
APPLICATION F6-.
COMPREHENSIVE PLAN AMENDMENT
(INCLUDING FUTURE LAND USE MAP AMENDMENT)
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR
PHONE (727) 562-4567 FAX (727) 562-4576
APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION:
APPLICANT NAME: Cay 1475, LLC
MAILING ADDRESS: Please use agent
PHONE NUMBER:
PROPERTY OWNERS: Same
(List all owners)
AGENT NAME: Todd Pressman
MAILING ADDRESS: P.O. BOX 6015, Palm Harbor, Florida 3.
PHONE NUMBER: 727-804-1760
see attached
SITE INFORMATION:
LOCATION: near SWC Sunset Point and Highland
STREET ADDRESS: 1475 Sunset Point Road
LEGAL DESCRIPTION- see survey
PARCEL NUMBER: 02-29-15-00000-320-0200
SIZE OF SITE: 1.52 acres
FUTURE LAND USE
CLASSIFICATION: PRESENT: R/OG, CG, RU
ZONING CLASSIFICATION: PRESENTO
PROPOSED TEXT AMENDMENT: n/a
(use additional paper if necessary) Mud
FAX NUMBER:
FAX NUMBER: 1-888-977-1179
REQUESTED: ROR
C RECEIVED
REQUESTED:
MANNING DEPT
CITY OF CLE40WA
I (We), the undersigned, acknowledge that all
representations made in this application
are tru a c tot a st of my/(our)
kn a ge.
Of
STATE OF FLORIDA, COUNTY OF P4?jELLAS
Sworn to and subscribed before me this _??Z day of
A.D., to me
by A" ffde?E? _ who s
pers n Ily o a roduced
as enti
signature of pr rty owner or representative 1--_-NoterrSr public, .•`" Pie DANYLLE JD ulla
AY
odd Pressm n, Pres., Pressman & Assoc., Inc., AGENT my commission expires: Notary Public - State Florida
;? My Comm. Expires Dec 2013
Cay 1475, LLC
Comp. Plan Amendment
Response to Standards for Review
1) The proposal is consistent with the goals and policies in regard that this proposal does
provide an infill rejuvenation of a blighted site and it is located along an intersection of higher
intensity and is located adjacent to similar uses.
Comprehensive planning policy:
A.6.4 Objective - Due to the built-out character of the city of Clearwater, compact urban
development within the urban service area shall be promoted through application
of the Clearwater Community Development Code.
This policy also includes looking at smaller parcels, but the direction is that development should
be looked at existing sites and should be accomplished thru assistance with the CD13.
Comprehensive planning policy:
A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site
impacts into residential neighborhoods. New plats and site plans shall
discourage the creation of "strip commercial" zones by insuring that adequate
lot depths are maintained and by zoning for commercial development at maior
intersections.
This policy does recognize the locational aspects of this site as it spans a high intensity traffic
corner and this site is currently planned to be re-developed along with the commercial corner
parcel. There is plenty of commercial development at this commercial node, in fact the
commercial node matching to the East of the intersection exists with commercial categories.
So in parity in regard to configuration, the Commercial level has existed to the East much
further than the West - and has worked fine.
Comprehensive planning policy:
A.6 GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND
FLEXIBLE PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN
STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE
NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND
ENCOURAGE INFILL DEVELOPMENT.
A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete
areas shall be a high priority and promoted through the implementation of
redevelopment and special area plans, the construction of catalytic private projects,
city investment, and continued emphasis on property maintenance standards.
1475 SUNSET POINT RD
LUP2011-01001
ORIGINAL.
REED
KANNING DEPART~
CITY OF CLEARWAT
Cay 1475 LLC
Zoning: Office Atlas #: 261A
Pg. 2 Belleair
The uses at this intersection are older and some are blighted. Especially the site under
consideration has been boarded up, is unsightly and is a negative element in this vicinity. This
proposal will bring investment, improvement and a new use to add to the immediate area.
2) By following the principals and directives noted above - basic objectives of the City and the
Comprehensive Plan - this proposal is not inconsistent with other elements of the Plan.
Because the site is well fit into the existing node and can protect residential uses surrounding,
the site is not inconsistent with the Comp. Plan.
3) The category proposed meets and integrates with the existing commercial uses at the
intersection node. The uses at the node are well established and are needed commercial uses
for neighborhood and community support. The uses that would be permissible under the
commercial category would be everyday activities and shopping needs of the immediate
community. The reinvestment and renovation would also be a tremendous improvement or
the immediate area- versus having a closed and boarded 2 story structure as a blighted mess.
Again, the category would allow the integration of the parcels together to make a use that
would be an asset to the community and remove blight from the area. These uses have been
existing for a long time in the position they exist and they have worked well with integration
with the surrounding residential community. You also need to look no further than the depth
of the commercial on the opposite side of Highland, running East of Highland. In that regard
the commercial category runs far deeper than the depth from Highland running West. In fact it
is significantly deeper and shares the same configuration in regard to its association with
residential use. Even more important is that intensive commercial uses abut this site - where
thgy dv nvt - the °45t side
4) As the prior use was a high impact office use and was in combination a part of the whole
commercial node, and that access is gained on 2 major rights of way, the transportation impact
will be minimal as compared to the prior use.
5) the site will be required to restore any natural and landscaping facility to the standard of the
code and it will be a huge improvement to what is currently at the site now. Any trees that are
substantial will be protected or mitigated.
6) With similar uses in the abutting and immediate area, and with enough separation factors
between the residential and the proposed commercial, the category will be a good fit into the
community. Again, approximately 150'to 160' exist between this site and the residential
directly across the street. With Sunset Point Road as a barrier, and new landscaping, and 2
access points on two separate major roadways, there will be no impacts to the residential.
Both this residential to the North - and the South - are well protected, but have been in a
configuration with intensive commercial uses for a very long time. The critical factor, again, is
that this site has fallen in a very bad state of disrepair and this application promises to bring
vitality, investment and badly needed renovation to this site - rather than see the site faodm
greater disrepair. REOENTEP
C
MllMING DEPARTMENT,
CITY OF CLEARWATEg?
Names of persons or corporations having a contractual interest
in the property:
Hunt RE Acquisitions, LLC
c/o Hunt Real Estate Services, Inc.
Attn: Hamilton Hunt
5100 W. Kennedy Blvd., Suite 225
Tampa, FL 33609
Fla. Sec' of State:
Principal Address
5100 WEST KENNEDY BLVD.
225
TAMPA FL 33609
Mailing Address
PO BOX 320342
TAMPA FL 33679
Changed 04/23/2010
Registered Agent Name & Address
HUNT REAL ESTATE SERVICES, INC.
5100 WEST KENNEDY BLVD.
225
TAMPA FL 33609 US
Manager/Member Detail
Name & Address
Title MGR
HUNT REAL ESTATE SERVICES
5100 WEST KENNEDY BLVD
TAMPA FL 33609
ORIGM
RECENEl
F "r- 0 1 'i
MANNING DEPARTMEN
GIN OF CLEARWAM
4.00 D DOC STAMP COLLECTION $2100.00 KEN BURKE, CLERK OF COURT PINELLAS
TY' FL BY DEPUTY CLERK: C1'-)U13
Prepared by and Return to:
Susan Fleming Bennett, Esquire
Steams Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
401 East Jackson Street, Suite 2200
Tampa, Florida 33602
Parcel Identification Number: 02/29/151000001320/0200
Documentary Stamp Tax Paid
on this instrument: $2,100.00
SPECIAL WARRANTY DEED
?
<
BANK OF AMERICA N.A., a national banking association, successor,by merger to Third City National
Bank of Clearwater, whose address is 13510 Ballantyne Corp Place, NC2-109-06-x5, t*lotte, NC 28277 ('-Grantor"),
for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) in hatld?Oaid to'Gfantor by CAY 1475,
LLC, a Florida limited liability company (herein referred to as "Grantee") ?*gem*lingar(dtess is 6654 78*' Avenue
North, Pinellas Park, Florida 33781, and other good and valuable consider#itln,Ae itce* and sufficiency of which
are hereby acknowledged, has GRANTED, SOLD and CONVEYED bnd do6;11> reby Z'iRANT, SELL and CONVEY
unto Grantee in fee. simple, that certain land looted in Pinellas CQuM F.)ork*,being more particularly described in
Exhibit attached hereto and incorporated herein by reference,-togeth`er ivkdt,all improvements, if any, located on
such land (such land and improvements being collectively referred to ase "Property").
„
This conveyance is made and accepted sfi)ecttp`all matters (the "Permitted Exceptions") set forth in
Exhibit attached hereto and incorporated hereip'by reftmice., , - : ,'
TO HAVE AND TO HOLD thec Pkoperty, ^togeffiw !with all and singular the rights and appurtenances
pertaining thereto, including all of Graroo%s nglit; *le and interest in and to adjacent streets, alleys and rights-of-way,
subject to the Permitted Exceptions, .t* Geantce And Grantee's heirs, successors and assigns forever. And Grantor
hereby covenants with Grantee that, ftceWag above, poted, that at the time of the delivery of this Special Warranty
Deed the Property was free from all encnomnces made by it and that it will warrant and defend the same against the
lawful claims and demands pUjU- pe'rsgM chtiming by, through or under it, but against none other.
GRANTEE A0,KNOWL90GES AND AGREES THAT GRANTOR HAS NOT MADE, DOES
NOT MAKE AND. SP IFICNEGATES AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES (O`I;Mk,TH I+dI THE WARRANTY OF TITLE AS SET OUT IN THIS DEED),
PROMISES;.' COVENAITS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER
WHAT40EVIK VI$itMR EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR
FUTURE, OF,' AS, TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE,
QUALITY Ol?`,C0mTTION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE
WVAJJER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C)
THE'50T.AIJIUTY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH
GRANTEE- MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR
ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY
APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR
MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY,
STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER
10141/1126 #316362 v2
6!302010
- I -
ORIGM,
RI;GEMP
MANNING DEPARTi
C1N OF CLEARW,4
,
1'
WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE 1
\
,
DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING ,
- - ' - - ,
COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USES
ZONING OR DEVELOPMENT OF REGIONAL IMPACT LAWS, RULES, REGULATIONS,,
ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF; - ,-'
HAZARDOUS MATERIALS (AS HEREINAFTER DEFINED), MOLD OR MILDEW,' "
"
\
HAZARDOUS MATERIALS
SHALL MEAN ANY SUBSTANCE WHICH IS OR COVrXINS (I)
,
\
ANY "HAZARDOUS SUBSTANCE" AS NOW OR HEREAFTER DEFINED, W THE, ;
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABH:U"VTACT OF"
,
,
1980, AS AMENDED (42 U.S.C. §9601 ET SEQ.) ("CERCLA') OR ANY
4ffdUL?AT '9
,
PROMULGATED UNDER OR PURSUANT TO CERCLA; (II) ANY "HAZARQQUS WASTE" AS
NOW OR HEREAFTER DEFINED IN THE RESOURCE CONSERVATION AND, RECOVEW ACT
(42 U.S.C. §6901 ET SEQ.) ("RCRA") OR REGULATIONS PROMULGAT'Eb- AMER OR
PURSUANT TO RCRA; (III) ANY SUBSTANCE REGULATED BY THE TOXIC SUBSTANCES
CONTROL ACT (15 U.S.C. §2601 ET SEQ.); (IV) GASOLINE,,,b1ESEL FUEL, OR OTHER
PETROLEUM HYDROCARBONS; (V) ASBESTOS AND ASBESTOS 09WAII4NG MATERIALS,
IN ANY FORM, WHETHER FRIABLE OR NON-FRIABLE;,, (VI) ,POLYCHLORINATED
BIPHENYLS; (VII) RADON GAS; AND (VIII) ANY Abf)1 ;16NAt' SUBSTANCES OR
MATERIALS WHICH ARE NOW OR HEREAFTER-'CLA5 Otb- DOR CONSIDERED TO
HAZARDOUS OR TOXIC UNDER ENVIRONMENTAL' YtBQUIEMENTS (AS HEREINAFTER
DEFINED) OR THE COMMON LAW, OR ANY Oy APpbab ,atE LAWS RELATING TO THE
PROPERTY. HAZARDOUS MATERIALS SHALL INCL,Mt, WITHOUT LIMITATION, ANY
SUBSTANCE, THE PRESENCE OF WHICI J.,QM,THE PROPERTY, (A) REQUIRES REPORTING,
INVESTIGATION OR REMEDIATION -0, NP9k, EN M6NMENTAL REQUIREMENTS; (B)
CAUSES OR THREATENS TO CAUSE, A N'UWISA" 'ON THE PROPERTY OR ADJACENT
'
I /? T f?Tf? AT Tf rw
PROPER
Ii OR rO?ES OR trIMEA1brio LV:PObr?'A HAZARD TU THE HEALTH OR SAFETY
OF PERSONS ON THE PROPERTX 'OIL' ADJACENT PROPERTY; OR (C) WHICH, IF IT
EMANATED OR MIGRATED,F`ROM TI#1; PROPERTY, COULD CONSTITUTE A TRESPASS.
GRANTEE FURTHER ACKV0,,WLB0bE9-AND AGREES THAT HAVING BEEN GIVEN THE
OPPORTUNITY TO INSPECT'T$%-PROPERTY, GRANTEE IS RELYING SOLELY ON ITS OWN
INVESTIGATION OF M PAOPE Y AND NOT ON ANY INFORMATION PROVIDED OR TO
BE PROVIDED BY Py ANTOk,AN FIEREBY AGREES, BY ACCEPTANCE OF THIS DEED
TO
,
ACCEPT THE PROPkP1 TY AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST GRANTOR
(INCLUDING, B>lt NbT,LUv IrMD TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING
FROM OR RELA'fFb,,TO-°I'bii; PROPERTY OR TO ANY HAZARDOUS MATERIALS ON THE
PROPERTY, I OLD-01k, MILDEW. GRANTEE FURTHER ACKNOWLEDGES AND AGREES
THAT AY' INIORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE
PROPERLY VVAS' OBTAINED FROM A VARIETY OF SOURCES AND THAT GRANTOR HAS
NQT, MAIjE?', ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH
INFOWATION' AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR
COMPL, TEN49S OF SUCH INFORMATION. GRANTOR IS NOT LIABLE OR BOUND IN ANY
MANNER - -BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR
INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF,
FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER
PERSON. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS ORIGIIV?
MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. PFCFIVFr
10141/1126 4316362 v2
6/30/2010
-2-
C 1TY ( ! 1 FA1'J o,-t%;
Ad valorem taxes for the present year having been prorated, Grantee hereby assumes payment thereof, and , - '
subsequent assessments for that and prior years due to change in land usage, ownership, or both. ;
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of the
day of 144 2010. - -
Signed, sealed and delivered BANK OF AMERICA, N.A., a national banking?association,
in the presence of successor by merger to Third City National fl7i* of Clepwaj ,'
sill
WITNESSES: By: ..1. ..'. ' 4!.
1g? JAY TA I? ` 'or Vice President
?.??`?.•''.. ?
Name: Diana L J-cn•ea '
? [CorporaEeSc>11j . , ? , ° , x .? ! . ? ' y ?
Name r C. il;bfwar4
STATE OF TEXAS '
COUNTY OF
I tic iuicguulg luau wuen? was &A'Wicugep oeroreipe on tW-3 . 2OiO, by JAY TAYLOR, as
Senior Vice President of BANK OF A]. IZJUP4,&A., a national Akin association, successor by merger to Third
City National Bank of Clearwater, ob behalfefthe association, who is errsonally known to moor who has produced
??f?af?i9n• '. `
F`ir' JUDY L VWLKIMWN
. Notary Ptalb, Name: L11111
N ? • STATE OF TEkA? NOTARY P LIC, State of
EXP. 05-js?A2 Serial Number (if any)
My Commission Expires: s =? a?
ORiGiNAL
laFCFN rf
10141/1126 1!316362 v 1
6/1712010
-3-
_ t'
PiAMNING DEPAle'`C11
Cm OF CLEARWAl
EXHIBIT A
,
LAND
That certain parcel of land lying and being in the County of Pinellas and State of Florida, more particular)
described as follows: - -
From the Northeast comer of the Northwest % of the Southwest % of Section 2, Township 29 South,
Range 15 East, run S. 0°07'42' E., along the East line of the said Northwest % of the SputhAOM t/t 50.OQ'
feet; thence run N. 89°2942" W., parallel to the East-West center line of said Section,2, 5D.00 feet;.' -
thence run S. 0°07'42" E., along the Westerly right-of-way line of Highland Avenue 11$ feet for BIPoint of
Beginning; thence continue S. 0°07'42" E., along said right-of-way line 75 feet; thencle kun N. 89'29'42'
W., 170.02 feet; thence run N. 0°07'42' W., along the East line of Lot 8 of Brentwood Estates (Sob Plat
Book 59, Page 28, Public Records of Pinellas County, Florida), 15.77 feet to the Northeast comer of said
Lot 8; thence run N. 57°19'07" W., 124.72 feet to the Northeast comer of Aot 10 of said Brentwood
Estates; thence run N. 89°26'15" W., along the North line of Lots 10 thru'lZof Brentwood Estates, 175.15
feet; thence run N. 0°0742' W., 167.63 feet; thence run S. 89°29'42" E., along the South right-of-way line
of Sunset Point Road (said line being 50 feet South of and parailefte.ftm East-W, e4l'center line of said
Section 2) 300 feet; thence run S. 0°07'42" E., 175 feet; thence S. 80e29'42"'E., 150 feet to P.O.B., being
a portion of the NW % of the SW % of Section 2-29-15 and tieing in part a'po-Mon of Lot 9, of Brentwood
Estates.
<' -- . IN
ORIGM
RFCEM
1014111126 8316362 v2
6/3=010
-4-
hAi'??` ING DEP 6
CITY OF CLEARWAY
EXHIBIT "B"
PERMITTED EXCEPTIONS
TO DEED
Rights of parties in possession.
Governmental rights of police power or eminent domain unless
rights appears in the public records as of the date hereof; and
<
notice of the oko-W-Ad 6f gbch _ -',
the consequences of anv, liw-
ordinance or governmental regulation including, but not limited to, buila mg and zoing
ordinances.
3. Defects, liens, encumbrances, adverse claims or other matters 1) pqt known to the Grantor and
not shown by the public records but known to the Grantee as `ik the date, hereof and not
disclosed in writing by the Grantee to the Grantor prior tg4bc, datehLeneot,2) resulting in no
loss or damage to the Grantee; or 3) attaching or created subsbgiftto the ijate hereof.
4. Visible and apparent easements and all undergroune ,iasemenis;'the existence of which may
arise by unrecorded grant or by use. -
5. Any and all unrecorded leases, if any, and rights of partit?xhere'in.
,w, , . C
6. Taxes and assessments for the year 200 years-
7. All judgments, liens (excludin 'consWetion'liens), assessments, code enforcement liens,
encumbrances, declaration,,; m1AeW reservations, covenants, restrictions, reservations,
easements, agreements apdany other°malters as shown on the public records.
8. Any state of facts Wcli\gP;accurate survey or inspection of the Premises would reveal,
including intan?liidat'widma dg designation if applicable.
9. An liens for inimici
Any , pal tyetterments assessed after April 30, 2010 and/or orders for which
assessmen,ts.may,"adb,after April 30, 2010.
10. 10-top ? drairfage ,and utility easement along the Northerly and Easterly boundaries of Lot 9,
19regt" Estates, as shown on the plat thereof recorded in Plat Book 59, Page 28, of the
pu?lr!c,recbrds of Pinellas County, Florida.
11. Easements in favor of Florida Power Corporation granted in instrument recorded in Official
Records'Book 1654, Page 331, of the public records of Pinellas County, Florida.
12. Easements in favor of the City of Clearwater granted in instrument recorded in Official
Records Book 1807, Page 236, of the public records of Pinellas County, Florida.
10141/1126 0316362 v2
6/!02010
-5-
ORIGINAL
RECENT
kMNING 1761,x; ;
Cf y OF 1 IFAV W,
PRESSMAN AND ASSQ^.., INC.
GOVERNMENTAL AND PUBLIC AFFAIRS
P.O. BOX 6015, PALM HARBOR, FL 34684
727-804-1760, FK (888) 977-1179
CELL. 727-804-1760, E-MAIL, PRESSINC@AOL.COM
LETTER OF AUTHORIZATION
To The City of Clearwater, Florida:
Please accept this letter of authority to allow Todd Pressman, of Pressman and Associates, Inc., to
represent Re-Zoning, Developer Agreement and Land Use Amendment applications and associated
issues and applications for the property located at 1475 Sunset Point Road, Clearwater, Florida.
Thank you.
CAY 1475, LLC.
Autho d A?- s A. Yepes,
Title: Its Manager
State of: Florida
County of: P2rsEr. u4S
Before me personally appeared Carlos A. Yepes, who, being duly sworn, swears and affirms that
the above information is true to the best of his/her knowledge.
Signed and sworn before me this Ay-Yh day of J A?3LkAR1
know or produced identification as
- Yh / 1. 2r,,4_?
Notary blic
1?Y
MARY K KUZBYT
*, r MY COMMISSION It DD 956931
r;;= EXPIRES: March 6, 2014
Af, yd Bonded Thru Notary Public Undervwbrs
2011, a.d., who I pers ly
ORIGK&L
RECEIVED
r ? (31 611
KING DEPARTMENT
CITY OF CLEARWATER
1475 SUNSET POINT RD
LUZ201 1 -01001
Family Dollar Store @ Sunset Point
Zoning: Office Atlas #: 261 A