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FLD2011-04017; 21810 US HWY 19 N; NEWPORT PINELLASFLD2O1 1-04017 21810 US HIGHWAY 19 N Date Received: 4/26/2011 3:03:08 PM Newport Pinellas ZONING DISTRICT: Commercial LAND USE: Commercial General ATLAS PAGE: 281B PLANNER OF RECORD: PLANNER: Kevin Nurnberger, Planner III CDB Meeting Date: Case Number: Agenda Item: Owners /Applicant: Representative: Address: July 19, 2011 FLD2011 -04017 D. 3. DDR Southeast Clearwater Development, LLC Nick Sanfilippo, Sr. Tenant Coordinator 21810 -20 US Highway 19 North CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a 12,000 square foot Charter School in the Commercial (C) District within an existing 16,362 square foot shopping center with no changes to the lot size, area, setbacks, height, or parking, as a Comprehensive Infill Development Project, under provisions of the Community Development Code Section 2- 704.C. ZONING DISTRICT: Commercial (C) FUTURE LAND USE PLAN CATEGORY: Commercial General (CG) PROPERTY USE: EXISTING SURROUNDING ZONINGAND USES: Current: Retail Sales and Services (vacant) Proposed: School (Grades 9 -12) North: Commercial (C) District and Open Space Recreation (OS/R) District Bright House Field Complex South: Commercial (C) District Retail Sales and Services shopping center East: Commercial (C) District Retail Sales and Services shopping center West: Preservation (P) District Retention pond ANALYSIS: Site Location and Existing Conditions: The subject property is a part of the overall shopping center located at 21750 US Highway 19 N which is located on the west side of US Highway 19 North. It occupies the majority of the northwest corner of the Drew Street and US Highway 19 North intersection with the exception of the Kane's Furniture property. This shopping center is made up of three lots totaling 14.23 acres of land and consisting of approximately 786 parking spaces. It is currently occupied by two major retail businesses (L.A. Fitness and Floor and Decor), one restaurant (Buffalo Wild Wings), and a vacant 16,362 square -foot multi -tenant commercial building. The proposed school would occupy two vacant tenant spaces within the vacant multi -tenant commercial building which is on Community Development Board — July 19, 2011 FLD2011 -04017 - Page 1 of 11 2.57 acres of land known as Lot 2. Lot 2 is an odd configured lot with a shared driveway that allows ingress /egress to US Highway 19 N; it is mostly paved with asphalt like the adjoining properties. There are eighty -three on -site parking spaces dedicated to the commercial building. Located to the southeast of the overall shopping center is another commercial property which consists of Kane's Furniture store. Located directly to the north of the subject property is the Bright House Field Sports Complex. A portion of the sports complex clubhouse seat parking abuts the subject property to the east. The subject property and the sports complex share a common sidewalk in between the buildings. Development Proposal: The applicant wishes to establish a 12,000 square foot School (Grades 9 -12) in the Commercial (C) District within the existing 16,362 square foot shopping center with no changes to the lot size, lot area, setbacks, height, or parking, as a Comprehensive Infill Redevelopment Project. The applicant will modify the interior of two of the three vacant units in the subject building to create 10 classrooms (approximately 25 students per classroom), a student cafe /lounge, and four administrative offices. The school will not exceed 250 students. The applicant intends to provide an ADA compliant pick -up and drop -off zone in front of the building. They propose to paint the exterior of the building as well as place sidewalk planters and a new landscaped area in the front of the building. In regards to the development proposal, while the proposed use is an allowable in the underlying future land use plan category, Schools are not a permitted use in the C District as either a minimum standard, flexible standard development, or flexible development use. As such, the C District development standards cannot be applied to this proposal as the use is not specifically authorized within the district. For this reason, the applicants have submitted the application as a Comprehensive Infill Redevelopment Project. Floor Area Ratio (FAR): Pursuant to the Countywide Plan Rules and Community Development Code (CDC) Section 2- 701.1, the maximum allowable FAR is 0.55. The existing FAR for the subject property is 0.15, which is consistent with the Code provisions. Impervious Surface Ratio (ISR): Pursuant to the Countywide Plan Rules and CDC Section 2- 701.1, the maximum allowable ISR is 0.90. The existing ISR for the subject property is 0.70, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Section 2 -704, Schools are not specifically authorized in the C District and as such there is no specific minimum lot area and width denoted in Table 2 -704. Pursuant to the same Table, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Section 2 -1202, within the Institutional (I) District, where schools are allowed, the minimum lot area is 40,000 square feet. The subject property is 2.57 acres or 112,206.26 square feet in area. Pursuant to the same Table, the minimum lot width for School is 200 feet. The lot width of this site is 250 feet along US Highway 19 N. The proposal is consistent with these Code provisions. Community Development Board — July 19, 2011 FLD2011 -04017 - Page 2 of 11 Minimum Setbacks: Pursuant to CDC Section 2 -704, Schools are not specifically authorized in the C District and as such there is no specific minimum setbacks denoted in Table 2 -704. Pursuant to the same Table, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Section 2 -1202, within the Institutional (I) District, where schools are allowed, the minimum setbacks are 25 feet (front), 10 feet (side), and 20 feet (rear). Due to the shape of the lot and existing conditions, the building setbacks are hard to determine from a typical property line evaluation. The building is setback approximately 742 feet from US Highway 19 North and 365 feet from Old Coachman located at the rear of the site. The front portion of the property that primarily consists of the access concrete bridge from US Highway 19 N and the access drive towards the building are front (east) setback of zero feet (to pavement), a side (north) setback of zero feet (to concrete bridge), a rear (west) setback zero feet (to pavement), side (south) setbacks of zero feet (to retention pond) and 120 feet (to concrete bridge), a rear (west) setback of zero feet (to retention pond), and a side (south) setback of zero feet (to pavement). Using the property lines immediately surrounding the building, it has a front (east) setback of zero feet (to pavement) and 170 feet (to building), a side (south) setback of zero feet (to building), a rear (west) setback of zero feet (to building), side (north) setbacks of zero feet (to pavement) and 11 feet (to building), side (north) setbacks of zero feet (to pavement) and 10 feet (to building), and side (north) setbacks of zero feet (to pavement) and 67 feet (to building). Since the development is a Comprehensive Infill Redevelopment Project, the existing conditions comply with standards; however, when compared to the setbacks for a School use in the Institutional District, the setbacks do not meet code. Maximum Building Height: Pursuant to CDC Section 2 -704, Schools are not specifically authorized in the C District and as such there is no specific minimum height denoted in Table 2- 704. Pursuant to the same Table, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Section 2 -1202, within the Institutional (I) District, where schools are allowed, the maximum allowable height is 50 feet. The highest point of the existing building is 25 feet, which is below the maximum height of 50 feet. Minimum Off - Street Parking Pursuant to CDC Section 2 -704, Schools are not specifically authorized in the C District and as such there is no specific minimum off - street parking spaces denoted in Table 2 -704. Pursuant to the same Table, there is no specified number of parking spaces for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, CDC Table 2 -1204, within the Institutional (I) District, where schools are allowed, schools are required to provide 1 parking space per 3 students. The applicant does not plan to exceed 250 students. As previously mentioned, the subject property has eighty -three parking spaces on site which would allow for 249 students and meet the parking requirements under the Institutional District. However, the applicant only proposes to occupy two of three vacant tenant spaces in the subject commercial building. This third vacant space is approximately 4,362 square feet. Based on minimum off - street parking spaces in the C District for a retail sales and service use for that tenant space, approximately 21 parking spaces would be required for any new use. This would leave sixty -two available parking spaces for the school, which in turn only allow 186 students. Community Development Board — July 19, 2011 FLD2011 -04017 - Page 3 of 11 Further, Staff has concerns for available parking spaces for the school during the baseball spring training and subsequent minor league baseball season during the school period due to its proximity to the sports complex. The applicant's response is to implement a Safety Improvement Program. They will create an ADA compliant drop -off pick -up zone in front of the building and inform the parents of the students being dropped -off or picked -up that they are to wait in front of the building and not cross into traffic of Bright House Field. They also plan to provide portable signs in the parking area identifying school only parking area. A security guard will provide protection for the students and ensure anyone attending the baseball games will not park in the schools parking area. Staff believes such measures are necessary to ensure the safety of possibly 250 children attending a school within an intense commercial shopping center adjacent to the Bright House Field Sports Complex. Landscaping: The applicant proposes to provide one new landscaped interior island near the south end of the building, rebuild and replant one existing landscaped island, and prune the remaining landscape islands to meet Fire Department code requirements. The applicant also proposes to install a number of sidewalk planters in the gaps between columns in front of the building. Solid Waste: The applicant proposes to provide adequate solid waste enclosures and trash receptacles located to the rear of the subject building. The proposal has been found to be acceptable by the City's Solid Waste Department. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Section 2 -701.1 and Table 2 -704: Community Development Board — July 19, 2011 FLD2011- 04017 - Page 4 of 11 Standard Proposed Consistent Inconsistent FAR 0.55 0.15 X ISR 0.90 0.70 X Minimum Lot Area N/A 112,206 square feet (2.57 acres) X Minimum Lot Width N/A 250 feet X Minimum Setbacks Front: N/A East: Zero feet (to pavement) X 170 feet (to building) Side: N/A South: Zero feet (to building) X North: Zero feet (to pavement) X 10 feet (to building) Rear: N/A West: Zero feet (to building) X Maximum Height N/A 25 feet (to highest point) X Minimum Off - Street Determined by the 62 parking spaces X Parking Community Development Coordinator based on the specific use and/or ITE (1 per 3 students required, allow for only 186 students) Manual standards Community Development Board — July 19, 2011 FLD2011- 04017 - Page 4 of 11 COMPLIANCE WITH FLEXIBILITY CRITERIA: Pursuant to Section 2 -704, CDC, proposals allowed within the Commercial (C) District must meet all six of the Comprehensive Infill Redevelopment Project. The following criteria has not been met: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; The applicant's response states that "the redevelopment is otherwise impractical as retail tenants are not expanding and the area is mature, thereby reducing the available pool of potential tenants. A charter school use is consistent with the types of tenants in this district. A charter school is more like a business than a public school." The redevelopment is inconsistent with the development standards of the C District. A School is not a retail or commercial use as defined by code nor is a school a permitted use in the C District as a minimum standard, flexible standard development or flexible development use. The C District development standards cannot be applied to this proposal as the use is not specifically authorized within the district. Only by completely disregarding allowable uses and standards within the C District may a school be permitted where proposed by the application. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; The applicant's response states that "the proposed use is consistent with the Plan, purpose, and intent and basic planning objectives of this Code and district. The use as a charter school is consistent be the other uses in the area. The use is akin to a business occupancy. The to will /Ye the building during the day and will not negatively interact with J. /LG occupants YV�LLL VG L %LJiµ4 the VNL4µL /GS during the µµy /L L /Lysµ y the surrounding properties and uses. After hours the occupants will be like any other resident of the area and free to shop, dine, and play etc. which is consistent with the adjacent uses." The Comprehensive Plan Policy J.1.2.7 states that "the City and the School District shall recognize charter schools as a public school facility. Such facilities shall serve to expand the school capacity of the school district and are a potential option for mitigating the impact that any new residential approvals may have on public school facilities." Further, Policy J.2.1.3 states that public educational facilities of the school district are an allowable use within the following land use categories: • Residential Estate • Residential Suburban • Residential Low • Residential Urban • Residential Low Medium • Residential Medium • Residential /Office Limited • Residential /Office General • Institutional Community Development Board — July 19, 2011 FLD2011 -04017 - Page 5 of 11 The subject property is located within the Commercial General (CG) land use category which does not allow a school use; whereby establishing that a Charter School at the subject location is not consistent with the goals and policies of the Comprehensive Plan. In addition, the CDC classifies the proposed use as a school which is consistent with the Comprehensive Plan. Schools as defined are permitted by the CDC in appropriate and compatible districts such as most residential districts, the Office and Institutional Districts. Schools are not permitted in the District and as such, a school is not compliant with the intent and purpose of the zoning district the subject property is located in. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: ■ The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; • The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; • The development proposal accommodates the expansion or redevelopment of an existing economic contributor; ■ The proposed use provides for the provision of affordable housing; • The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or • The proposed use provides for the development of a new and/or preservation of a -working waterfront U Je. The applicant's response states that "the proposed use is compatible as this type of use is allowed in similar districts. This use will contribute positively to the overall character and status of the area. This use will create higher paying jobs than retail use for which this part of the development is approved. This use will be an economic contributor to the community and serves as a necessary need in the community." They further state in their response to DRC comments that "the existing building proposed to be occupied by the school has been vacant since 2004. The interior was partially demolished in preparation for another anchor tenant who determined that they would be better suited at a more densely populated commercial district. The Owner's leasing department has not received much interest in the intervening years from interested retail businesses since the center does not fit the current model of desirable retail center. Retail commercial districts perform much better when there is a mass of such centers in one area. This center is separated from other retail orientated centers and is not massive enough to support diversity and scale of the retail stores that are required for a shopping center to thrive. This is well evidenced by the current businesses occupying vast majority of the center, a Fitness Center and a discount tile store. Corresponding rents are not commensurate with the prime retail centers in the area, thus opportunities are limited. The size and location of this center precludes prime Class A tenant occupancy which are insurmountable barriers. A charter high school is a good use and fit within the center and this particular community. " Community Development Board — July 19, 2011 FLD201 1 -04017 - Page 6 of 11 While the proposed use is permitted in the underlying future land use category, a School is not permitted in this zoning district as a minimum standard, flexible standard or flexible development use. Although the use may create a few higher paying jobs; a school will not significantly contribute to the City's economic base. The proposed use would not be compatible with the adjacent commercial land uses. Further, the proposal does not meet any of the six objectives listed above as follows: • A school is not permitted in the Commercial District as a minimum standard, flexible standard or flexible development use; • The proposed use is not a significant economic contributor to the City's economic base; • The proposal does not accommodate the expansion or redevelopment of an existing economic contributor; • The use has no provision for affordable housing; • The proposed School use is not in an area with other similar development. Schools are permitted in most residential districts, Office and Institutional Districts; and • The proposed use does not provide for a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: • The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; • The proposed development complies with applicable design guidelines adopted by the city; • The design, scale and intensity of the proposed development supports the established or emerging character of an area; • In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: o Changes in horizontal building planes; o Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; o Variety in materials, colors and textures; o Distinctive fenestration patterns; o Building step backs; and o Distinctive roofs forms. • The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The applicant's response states that "the development will not impede the normal, orderly development and improvement of the surrounding properties for uses permitted in this district. The existing development complied with the design guidelines when it was constructed and appears to comply today. The design, scale, and intensity of the existing building supports the established criteria of the area. The building is existing and no Community Development Board — July 19, 2011 FLD2011 -04017 - Page 7 of 11 architectural character changes are contemplated for the exterior of the building. The existing building has a pleasing exterior and is part of the community fabric that makes up the character of the area." As previously noted, the proposal does not contain any changes to either the existing shopping center building or the off - street parking area, and while the proposal will meet some of the above criteria, it cannot meet others such as providing for appropriate buffers, an enhanced landscape design, and appropriate distances between buildings and the development does not support the established character of the area. Community Development Board — July 19, 2011 FLD2011 -04017 - Page 8 of 11 Community Development Board — July 19, 2011 FLD201 1 -04017 - Page 9 of 11 Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. X 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. X 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. X 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development X 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: X a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: X and ,]__l_. development a. The proposed development will slut impede the normal anu orderly ucvcivN�iic�u and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: D Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; D Building step backs; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Community Development Board — July 19, 2011 FLD201 1 -04017 - Page 9 of 11 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards f Level Two A royals as per CDC Section 3- 914.A: or pp 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 visual, X 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 June 2, 2011 and deemed it legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: 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: 1. The 2.57 acres is located on the west side of US Highway 19 North, approximately 786 feet north of the Drew Street and US Highway 19 North intersection; 2. That the subject property is located within the Commercial (C) District and the Commercial General (CG) Future Land Use Plan category; 3. That the subject property is a part of the overall shopping center located at 21750 US Highway 19 N which is adjacent to the Bright House Field Sports Complex; 4. The shopping center is made up of three lots which total 14.23 acres of land and consists of approximately 786 parking spaces. It is currently occupied by two major retail businesses, one restaurant, and a vacant 16,362 square -foot multi- tenant commercial building; 5. The applicant proposes to establish a 12,000 square foot Charter School (Grades 9 -12) within two of three vacant tenant spaces in a 16,362 square foot commercial building; 6. The applicant proposes to modify the interior of two tenant spaces into 10 classrooms (approximately 25 students per classroom), a student cafe /lounge, and four administrative offices; 7. Schools are an allowable use within the following land use categories: Residential Estate, Residential Suburban, Residential Low, Residential Urban, Residential Low Medium, Residential Medium, Residential /Office Limited, Residential /Office General and Institutional; 8. Schools are not a permitted use in the Commercial (C) District as a minimum standard, flexible standard development or flexible development use; Community Development Board — July 19, 2011 FLD2011 -04017 - Page 10 of 11 9. That the proposal does not include any changes to the lot size, area, setbacks, height, or parking; 10. The proposal will occupy two of three vacant tenant spaces in the subject building of which only 62 of the 83 off - street parking spaces are available to the proposed use which would allow for a total of 186 students; and 11. The existing structure is 25 feet to its highest point. 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 is consistent with the Floor Area Ratio and Impervious Surface Ratio Standards as per Table 2 -701.1 of the Community Development Code. 2. That the proposed use is not consistent with Policies J.1.2.7 and J.2.1.3 set forth in the City of Clearwater Comprehensive Plan; 3. That the proposed use is not consistent with permitted uses in the Commercial (C) District as a minimum standard, flexible standard development or flexible development use per Community Development Code Sections 2 -702, 2 -703, and 2 -704; 4. That the development proposal is not consistent with the Flexibility criteria for a Comprehensive Infill Redevelopment Project as per Section 2- 704.C., Community Development Code; and 5. That the development proposal is not consistent with the General Standards for Level Two Approvals as per Section 3- 914.A. of the Community Development Code. Based upon the above, the Planning and Development Department recommends DENIAL of the Flexible Development application to permit a 12,000 square foot Charter School in the Commercial (C) District within an existing 16,362 square foot shopping center with no changes to the lot size, area, setbacks, height, or parking, as a Comprehensive Infill Development Project, under provisions of the Community Development Code Section 2-704.C. Prepared by Planning & Development Dept. Staff: Kevin W. rnberger, Planner III ATTACHMENTS: Location Map; Aerial Map; Zoning Map; Existing Surrounding Uses Map; and Photographs Community Development Board — July 19, 2011 FLD2011 -04017 - Page 11 of 11 Kevin Nurnberger 100 S Myrtle Avenue Clearwater, FL 33756 727 -562 -4567 kevin .nurnbergerga,myclearwater.com PROFESSIONAL EXPERIENCE Planner III March 2011 to present Planner II City of Clearwater, Clearwater, Florida October 2010 to March 2011 Duties include perfoiniing 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 Business tax receipts and Landscape plans. Planner I County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development plans to ensure compliance with planning, zoning, subdivision and environmental standards as well as design criteria, specifications, regulations, codes and ordinances. Manage case load of planning applications and conduct site visits. I met with residents and neighborhood organizations regarding new existing residential development projects as directed. I led pre - application meetings with residents, contractors and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 I helped to enforce Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. I assisted on site during the archeological process though out the pre - development stage. Development Planner Versar Inc, Fort Story /Fort Eustis, Virginia 2005 to 2006 Assisted the Cultural Resources Manager in the predevelopment stages of new development and building expansion projects. Reviewed site plans to ensure protection of historic properties. Supervised and participated in historical surveys and research in accordance with the Comprehensive Plan, the secretary of the Interior's Standards for Preservation planning and the Federal installations and the Virginia Department of Historic Resources. 1 developed survey strategies for the Cultural Resource Manager by reviewing local and state planning documents, comprehensive plans. The Virginia Department of Transportation plan and Virginia Power's public utility plan. I acted as a resource to the community to educate them on the matter of historic preservation. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accordance with the zoning and subdivision regulations of the City of New Orleans. Evaluated zoning and subdivision applications prepared and presented preliminary staff reports to the City Planning Commission and Board of Zoning Adjustments. I participated in the community and neighbourhood workshops that focused on remapping and rezoning portions of the city in support of the proposed new Comprehensive zoning ordinance. EDUCATION University of New Orleans, LA MA Urban and Regional Planning (2004) State University of New York at Buffalo, NY BA Anthropology (1999) Vii-ill 111 A. sz , —111111711.111"11141%r- qtlip ri DR .b. Lis cr Y w PROJECT SITE ��_ _�__ w o r Al F�;�.;ooQ ti > ,.. � ....../ RD AVE 4 m I oo P iiir 11 O ------ DREW ST Qr, r I G • O to J AVE CR-535 U J o `D4 T: - ,Kt "iDOD o..' 00 Z `� it Can bridge Cir_ i d W DR m ? F� NASi ST ST ILIA N LOCATION Owner: DDR Southeast Clearwater Development, LLC Case: FLD201 1 -0401 7 Site: 21810 US Highway 19 Property Size: 2.57 acres (site) (Overall 14.23 acres PIN: 07- 29 -16- 16442- 000 -0020 Atlas Page: 281B 651 OIJ / 213 OS /R A 22123 l �] T G 21901 o o, N A 2 9 •••I OLD COACHMA 2501 CI) 41'm W 21799 �. y cn 4.9 • 21678 • 2181 T . 21838 • 1 21830 21820 2 8 21810 21800 ■ ■ ■■r ■ ■■■ f••• i■■■■u■■L • • 21790 : 'Y■n ■ ■ ■ ■. ■■■ ■: ii. ■ 21699 • ■■% 21680 2,,184t . • 2 721651 CO N Y 21750 C N 21649 2631 C4 n 1216 21567 °.21590, 21565 21563 21561 a. �. ` ' - 21559 21557 DREW ST -h 21468DOT 21489SIG N N ,) 21487 N 6 21409 ZONING Owner: DDR Southeast Clearwater Development, Case: FLD201 1 -0401 7 LLC Site: 21810 US Highway 19 Property Size: 2.57 acres (site) JOverall 14.23 acres) PIN: 07- 29 -16- 16442- 000 -0020 Atlas Page: 281B ® :` :6$0.:/)2 ." . ` 850 `v ) cc . • Et Q 651 9 I I 32 00 iQ o J q 22123 GV z y_ S (PRIVATE DRIVE) Z 2191 ��Q4 uar z.7s 218 ' 21838 21830 21820 21810 21800 21790 21678 a r _ —I ao 219 j ,00 ,«, 420 CI) V. cv OLD COACHMAN OLD CC _ 1 j 218 21/21651 216 oo C\\ 21799 O 934 A 21699 21649 200 Acmi 2631 21567 `/�2N1156Q3I if /) a 32 L16442 _I 2 21750 N Ia Hai 3?2000 �.. - .' 2s59( A 3.17 Acid M H csI DREW ST UFCtW S 1 a 21489S /G a h kXTENSIONN 91 4 8DOT ai N 0 N ` 21487 v 21405 EXISTING CONDITIONS Owner: DDR Southeast Clearwater Development, LLC Case: FLD201 1 -0401 7 Site: 21810 US Highway 19 Property Size: 2.57 acres (site) fOverall 14.23 acres) PIN: 07- 29 -16- 16442- 000 -0020 Atlas Page: 281 B AERIAL Owner: DDR Southeast Clearwater Development, LLC Site: 21810 US Highway 19 Case: FLD201 1 -0401 7 PIN: 07- 29- 16- 16442- 000 -0020 Property Size: 2.57 acres (site) Overall 14.23 acres 2818 Atlas Page: Looking NW at subject building and parking area. Looking W at subject building from parking area. Looking NW at subject building from parking area. Looking S at Subject building adjacent to Brighthouse Field. Looking S at adjacent use and parking area. Looking S at parking area from Brighthouse Field sidewalk. 21810 US Highway 19 N FLD2011 -04017 Looking SE at parking lot and adjacent use from Brighthouse Field sidewalk. Looking E at adjoining Brighthouse Field sidewalk from subject buildine. Looking E towards US Highway 19 and subject property entrance from parking area. Looking SE at adjacent use and entrance driveway. Looking W at adjacent use and parking area. Looking N from subject building entrance at adjoining Brighthouse Field. 21810 US Highway 19 N FLD2011 -04017 Kevin Nurnberger 100 S Myrtle Avenue Clearwater, FL 33756 727 -562 -4567 kevin .nurnberger(a�myclearwater.com PROFESSIONAL EXPERIENCE Planner III March 2011 to present Planner II City of Clearwater, Clearwater, Florida October 2010 to March 2011 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 Business tax receipts and Landscape plans. Planner I County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development plans to ensure compliance with planning, zoning, subdivision and environmental standards as well as design criteria, specifications, regulations, codes and ordinances. Manage case load of planning applications and conduct site visits. I met with residents and neighborhood organizations regarding new existing residential development projects as directed. I led pre- application meetings with residents, contractors and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 I helped to enforce Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. I assisted on site during the archeological process though out the pre - development stage. Development Planner Versar Inc, Fort Story /Fort Eustis, Virginia 2005 to 2006 Assisted the Cultural Resources Manager in the predevelopment stages of new development and building expansion projects. Reviewed site plans to ensure protection of historic properties. Supervised and participated in historical surveys and research in accordance with the Comprehensive Plan, the secretary of the Interior's Standards for Preservation planning and the Federal installations and the Virginia Department of Historic Resources. I developed survey strategies for the Cultural Resource Manager by reviewing local and state planning documents, comprehensive plans. The Virginia Department of Transportation plan and Virginia Power's public utility plan. I acted as a resource to the community to educate them on the matter of historic preservation. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accordance with the zoning and subdivision regulations of the City of New Orleans. Evaluated zoning and subdivision applications prepared and presented preliminary staff reports to the City Planning Commission and Board of Zoning Adjustments. I participated in the community and neighbourhood workshops that focused on remapping and rezoning portions of the city in support of the proposed new Comprehensive zoning ordinance. EDUCATION University of New Orleans, LA MA Urban and Regional Planning (2004) State University of New York at Buffalo, NY BA Anthropology (1999) FLD2O1 1-04017 21810 US HIGHWAY 19 N Date Received: 4/26/2011 3:03:08 PM Newport Pinellas ZONING DISTRICT: Commercial LAND USE: Commercial General ATLAS PAGE: 281B PLANNER OF RECORD: PLANNER: Kevin Nurnberger, Planner III • r Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 -562 -4567 Fax: 727 - 562 -4865 J SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION J SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated. stapled and f ,ldcs:l into sets J SUBMIT FIRE PRELIMARY SITE PLAN $200.00 J SUBMIT APPLICATION FEE S__ CASE # RECEIVED BY (staff initials) DATE RECEIVED * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPNIEN I APPL.IC, TION (oinprchcnsi Rctievckritntcnt 1'roiect PLEASE TYPE. OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: MAILING ADDRESS PHONE NUMBER CELL NUMBER PROPERTY OWNER(S): AGENT NAME: MAILING ADDRESS PHONE NUMBER CELL NUMBER• MR. Soil rgrwai r Gi-S tar L tl< i& Lopes, IG rr, 4 L �- 3300 awretteuice. lotwy, 115064-4(whoCD, 0Hio 4412.1- 4W 04. 440- S FAX NUMBER 404 9 44 ricw EMAIL 4s15 4 a padpr0 g% DDQ - GPhi bbR .ul)4641 ►T C AC' J,IrrEL- biLV I1..rm J r, L. L G. NICK 444Rttt.t ppe , S4 TiFNA�1' coolW,•►c4tvR., bz z ss o t'tEb,sc r RD, ATtAAJT G a -50305' 404. 44.0 o1 i3 FAX NUMBER 4o4 64, 1' 2Zo EMAIL 1J'SAaJFM.4Pp0 ®bbiZ . 4001 B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PRO.iECT NAME STREET ADDRESS PARCEL NUMBER(Si PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USES' NicWp p11JE.uAS RCJECT vAL..t.;ATICN s,2 pco. pp %MAO 2.1Szo CzI 'Ma) a s e9 wioi G. �L.. 241t t` 14442 ear OCZo t14, zs AG. PARCEL SIZE isquare feet) t 41%654 s•R GctbewArr. CoaocrwJ, 541 +0 aER.ar,17e 4or+ he RP ,4.? ca E. 40401 SG. AOO�.. DESCRIPTION OF REQUEST Spec fic,ally identity the request tinctude number of units or square footage of non- resrdenl.ai use and all requested code deviations: it g reduction in required number of parking spaces, specific use etc.) USE qc a FailLOW diitr' A14 £ ITV is 134.1iL.D1414. Fig- A G1tARTSL- c4400d.. • C t iZ.03 4 5.K) lnft 0-'Do ;meats d Seth;ays'derek fergusomDesktup planning dept O708 Co:nprehen Page 1 of R Prolect iFLD)e0(0 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS lTon\ A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT. OR A PREVIOUSLY APPROVED (CERTIFIED) SiTE PLAN7 YES NO A..< hf yes. attach a Lepy rif the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) suomnACOPY o= THE TITLE_ INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ArrsaT/ws oWmsnsH/p (see page 7) O. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-813.A) � Provide i;mpiete rspooses to the six 6) GENERAL APrL/CABu/rvcmTemA Explain how each criteria .sa'o'*^°d :detail The pr posed r'eiopmerrt of the Dod vi(l be in harmony m th die snale, hi . to.ewvo.:eo,/.y and uwocto.o/ndinmmtrwneme.o*o.c^./ 4111,1E Aarr‘c4,46127 The proposed rfa,`mvmww wig not mnuc/ ^,u.o»*ttge *e awvmprmto v,".*wm.m u.'!, .,* of n,^nmcu�:,,, :rntrair tne value. thereof Al.trw�44,44> The nmvu^"mdevelopment will not adversely affect the health or safety of persons tesict;ng or ',Nor lung in the noghhorhood of the proposed use 4 The propos u,eve'ncmvo .*oosnn*ummm."xz* traffic c"/vpmo" $0111. At1 likc-646t> 5 The proposed x=^,1r,vroe.v.`o"nvutent with /m,r,^v".."./x+nm,*,"/r".-.^,=,.me,,"mty of th,wvo/nmrcey for uo",lo,m-rert 5ga c D o The design of toe proposed development minimizes dverrAr et-If:rots m,v^m~ vm:o. o'^"w,""oon*tvry ^.o ■,xs w•pra:on ,)racy, adjacent propernes. AllAciVED ~� c` Documents and sonmgy)derexle~u^m)Deskmplpla/m/nydept forms urux Comprehensive NAT p"^^' 'P`D.4xmu��/�o Page /.xn fur WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) � Provide complete responses m the six (e) COMPREHENSIVE /mnuRsocvsuonMswrpnojscrCRITERIA Explain how, each criteria .^ achieved. ,r1 detail 1 The development or redevelopment is otherwise impractical =.m^"' d=a,un° o^m the use anchor ue",mvme"' standards set forth in this zoning district rTVI•GPiebo 2 The development or redevelopment will be consistent mm /ma goals nnu policies of the Comprehensive Plan ^s well as witti the general »urpo,e.mtex! and basic planning objectives of this Code: vm1with the intent and purpose o( this zoning district p"e ,,u,^^; n,.m ^~/n.x.�|'��/^" ^�`�"`� ^"»./'�.°`,/"p^ .,' .',p,"",�t '/,'~n,n/ ,/n,o�,� Xe• ATTrizi44A 4 Adjoining properties will not suffer substantial detriment ^»n*~mu the proposed development 4116.-ArTIAGINC.L> n The proposed use shall otherwise he permitted o» the underlying future land use category be oo*»mu= *^m adjacent land uses, will net substantiatly alter the essential use characteristics at the neighborhood: and shall oe"m`ymte compliance ^^x One w more mthe following objectives v The proposed use /, permitted m this zvmn9 district asa minimum standard. flexible standard o/ flexible, development use, o The proposed use would be a significant economic contributor to the City s economic base by diversifying the loc.al economy or by creating jobs. " The ueoempmom proposal accommodates the, expansion u. redevelopment ^/av existing =cu"vmic'o.movu, 1 The proposed use provides for the provision v/ affordable housing, r. The proposed use provides for development or redevelopment in an area that is r"anuemou by other mm/orde,e/xp,ont and where a ux^ use plan amendment and rezoning would result ma spot land use .., zoning designation: ". The proposed use provides for the uev*/opm*c,"r^ new x"o',, preservation (if owo*.^g waterfront use 'SSA ATThcsoab F-lewxwy=m regard muse: lot wioth.mgihnid uitiiit al Id 'm•strm pinking y+ vn u/ y' the following design objectives a The proposed development will not impede the .`o"rv/ and ^,uexyv."*mpm~n/ and mn,,^rmoo/ ^,':r o.'^nooc''m properties for uses permitted m this zoning dmtnct: u The proposed development complies m/h applicable design guidelines adopted uv the City: c. The design. scale and intensity of the proposed development supports the established or emerging character an area: � m order m form u cohesive, visually interesting and attractive appearance. the proposed development incorporates a substantial cumbe,u/ the following design elements L..1 Changes .o horizontal uu//mngplanes' � Use o/ architectural details such ^v columns. '',""^eyao=/`"",eo. pilasters pu^/cv^ balconies. .a./."o°,^=."r,* J »anety /vnmtenals.colors and textures: J Dstinntive fenestration patterns J Building ,tep»ocxx.and J Dstnctve roofs forms ▪ The proposed developrorint provides for appropriAtii tkitters enhanced landiscAprii design and appropriate distances brit:a:en buildings ��"Mtge-04k �Documents and Su/.^oa'idoek fergumom,D."litop'pu^^mVx4x forms on*` Comprehensive trial pm*« FID>z0uno7-//do,: Page z^/* E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4- 202.A.21) J A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. Ail 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 :mpr. raous surface area does not qualify as an exemption to this requirement If & ATJ1ti 0110 J If a plan is not required. the narrative shall provide an explanation as to wiry the site is Fixrrnipt. J At a minimum, the STORMWATER PLAN shall include the forowing J Existing topography extending 50 feet beyond all property lines J Proposed grading including finished floor elevations of all structures J All adjacent streets and municipal storm systems. J Proposed stormwater detentiontretention area including top of bank toe of slope and outlet con tr Lori J A narrative describing the proposed stormwater control pie n including .ail calcul at ons and data necessary to ,er onstr rle r'ompliaricc w'tO the City manual J Proposed stern water detention retention area including tv,i ut n.:rik, fOif of slope .a id ,, :.th r 'urrtrr l v'i.s.,rrs J S „nil rr ..?nd seal of Florida Registered Prnf,.ssit,r of Fr nr =.r J COP', OF PERh.1Ii INQUIRY LETTER OR SO11 ;N`� "J . ;t I' OPsOA . TEP. MANAGEMENT �i PER rr SUBMITTAL iS F •f7MD approval is required prior to issuance rit City iilr ±in:,; Permit i. if arrpli,sonle J 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 tt .ided At a minimum. a grading r ;ion and fin led floor elevations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements. contact the City Pubic "works Adminis nra Engineering De p artment at (727i 562 -475(} F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) .I SIGNED AND SEALED SURVEY tincluding legal desr.`.ript :on of property r - One original and 14 copies, J TREE SURVEY (including existing trees on site and within 25' of the :adjacent sate. by species. s¢e i:.1BH _d r grease :rt aid iccation including drip lines and indicating trees to he removed! - please ciesrgr) aroo.,d the existing trees. J TREE INVENTORY, prepared by a certified arhorist of <,.I trees d DBii t.iritater +c -f €ii.tu, i uco , i in,py drip limas .r )nt ;C n treys. LOCATION MAP OF THE PROPERTY: J PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards ards lie Reduce number of spaces Prior to the submittal of this application, the methodology of such study shalt he 'appro-red by the Community Development Coordinator and shall be in accordance with accepted traffic engineering pm-xi: pies The findings of the study will be used ;n determining whether or not deviations to the parking standards are approved J GRADING PLAN as applicable. J PRELIMINARY PLAT. as required (Note Budding permits will not be issued until e =.,denim of recording J COPY OF RECORDED PLAT as applicable: 1philaprevr'to C Documents and S ettingsaderek .ferguson`DesktopOplanning dept forms ti7(SaiComprehensive lrtfitt Pia. ,ect (FLO)i 2068 (i7 -f t doc Page 4 ;t$ G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) J SITE PLAN with the following information (not to exceed 24 x 36 t lorries sheet referencing indiv■dual sheets included in package Nor;h ar =oiv E ; eering bar scale jr'ni ninrrm scale rune inch equals Si) feet and date ,iopar-.1 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, su<.h a5 tvtetcr .curses vetlar ifs tree masses avert r s,. including d vcat nn of understor, ground Lc, <rtrun if - l ,tubr!c and um,.tte rights-of-way within .ir:rt ; t _m th t - ;qd.•. ..x sting putilir: and private im siding fire hgrrants • i,rrr ,n,i .or0 ,t r'y , ... n . :nl- :, ,,: sari or and water ',fines All parking spaces. onveways. loading areas am it Oahu :ular usrr arias Depiction by shading or crosshatching of al required parking Iot interior !and srFetier <r-r -as Location cf all solid waste containers recycling or trash handling areas and outside mechar icai equipment iper Section 3- 201(D)0) and Index #7()-t;, Location cf all landscape material Location of aril onsite and offsite storm -water management facilities. Location of all outdoor lighting fixtures, Location of all existing and proposed sidewalks. and Floor plan typtcals of buildings for all Level Two approvals A floor It cif each floor is required for any parking garage regunnng a Level Two approval J SITE DATA TABLE for existing. required. and proposed development in widen tabular form EXISTING REQUIRED PROPOSED rd all ng 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. preserted 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 per :r.eable Surface ratio (I S R -I: (.rnd Floor area ratio tF A R ) for all nonresidential uses d • REDUCED COLOR SITE PLAN to scale r8 , X Ili J FOR DEVELOPMENTS OVER ONE ACRE provide the following additional intimation or site plan One -foot contours or spot elevations on site O`tsae elevations if required to evaluate the proposed storrnwater rnana pin;ert fo. Ifs, parcel, All open space areas: Location of ail earth or water retaining walls and earth berms Lot lines and budding lines (dimensioned) Streets and drives (dimensioned); Building and structural setbacks (dimensioned ). Structural overhangs. C:`Documents and Settings`,derek ferguson "Desktopiptanntng dept forms 0708`Comprehensive Will Protect (FLDt 2008 07 -11 doe Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) LANDSCAPE PLAN with the following information root to exceed 24 k tin All existing and proposed structures: Names of abutting streets Drainage and retention areas including swales side slopes and bottom ateivalyuyis Delineation and dimensions of all required perimeter landscape buffers. Sight visibility triangles. Delineation and dimensions of all parking areas IfIcludIng larldsoaprig islands alfit curbing. Existing trees en-site and immediately adjacent to the site. by species, size and Locations, induding ono:if:es as irictica.ted err required tree survey) Location size and quantities of all existing ano phiposed iandscapio mar:en irs. indicated by key mialing Sr tire plant schedule Plant schedule with i ey symbol or label', indicating the size description specifications 1:ramifies ir Soar 1')■;,; requirements of all existing and proposed landscape niaienais incinding tiepin:Lai iri common ciames Typii pant Pit details for Trees palms snilibs iirouna 101 ntl avg. I stti 1105. Sl -0 hl x 0 brotiecliyo moaseres nterlor landsoapind area..y. hatoned -W! it It ;1'; per-Li-image covered Conditions of a previous dovelotimunt approviti it conditions fr nimseit by inn Community Deiiialcipmect Board !rrigaticni notes J REDUCED COLOR LANDSCAPE PLAN to scale i8 • COMPREHENSIVE LANDSCAPE PROGRAM application as applicable Landscapo associated with the Comprehersee Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not he met I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) • BUILDiNG ELEVATION DRAWINGS with the foilowing intomipagio All sides of at buildings Dimensioned Colors provide one full sized set of coiorec eievatiorsi Mater als kr REDUCED BUILDING ELEVATIONS sarTI■i:! is Above tO S■-)-41ct on 8 X 11 J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) • ExiSTiNG freestanding and attached signs Provide photographs and drmenshiiis urea height etc iamide .1.ihethra they .ilt be removed or to remain J At PROPOSED freestanding and attached signs Provide detains trick:1,1rd location, size height coluisi rnaterias and draA,ng, freestanding signs shall include the street address I numerals J Comprehensive Sign Program application, as applicable i separate application and hie required J Reduced signage proposal r 8 X 11) (color I if submitting Comprehensce Sign Program application. C 'Documents and SettingsOderek fergusoluDesktopfplanning dept forms 0708tCoimprehensive ?OM Project LD I 2008 0 7 1 I.doc Page 6 of 8 N. AFFIDAVIT TO AUTHORIZE AGENT: 1 Provide names of all properly owners on de.ed PRINT full name!, WM. Soul-14644r e+44641112.t4VIELir 1-LC- !chalk.: is.11.4140 founuirkST-4.c.e.foltaA7Ce WasfertiAtr, That I am we area the owineris/ and record tale holdensi of the following described prperty /address- or ger4::ral for..:thoo) MSS - 231120 LL- S. 11 4. d444.tpmei pL. ssle,S" That th:s propernyi constitutes the property for which a fee/pest he n e ibe regnhst % (r-to ANTI 0,..) Zoo/JaZ, -P) AUJ A CM Atnire—. 1c44 too That the undersigned (hasihayei appointed and /does:tali-0 appoint al.c.Apc 51heatli.t??0 - SL. -102.44,„fr 4/44,7pet 'OOP. as (his:their t agent', sI l0 execute any petitions or ()trier documents necessary to afferl such petition That this affidavit has been executed to nduck the City i.)f. Clearwater F47■1"10,A !:) consider and act en the a!-AD'e desrintited prr.perty: 6 That stte asts to the property are necessary by City representatives in order to process ms application and the owner authorizes Cty representatives to visit and photograph the property described in this app) aytitioni Thal ( iwe the dersigned authority. hereby riertity that the fore/i;oilig S rue iatid /taairent Property Owner Property Owner property Owner Property Count STATE OF FLORIDA, COUNTY OF PINELLAS Before roe the undersigned. an officer (July cortirt:ss;ortt:,tt by: the ia Ns ,A he ::;tatt:, ,-J P!ot-,:.!;) Ar(Gi 2 0 I I persomilly Apt:.",:t red Nj i. c60,1(,1 ir,thia Deposes and says that heishe 11060.fit =WOW nontents of the affida tit toot he she SI,;(1f,,,, y $, .. v;_,,.....•.... — .,,,, , .■ 111. A, %IN 1 , / .....• ' I ' ' l_ -N.----- t, = 7q : A . , .."" 'i, :: i ..1 F.: liii Notary Rabin: Siqiniti ire Notary SeanStamp ,.. . ZP1 21 . '4.00 -S. .Z" My Cam/insist/tit() Expires. 1() i 1. I 1 k'f. .., <9 .......6„ 0.,...... filltinto 22 ttaitatig t.tf t-te f ft-Y. :tt,t; C Documents and Settingsliderek.lepptisoinDesktop pianoing dept forms i 708 Comprehensive tofiit Ptioject (ft, 26ha8 rt 7. it I doc Page 8 r_iit FATIC 443 ` First SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE #t` CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, IL insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, e I sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material: (a) arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b) arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Fir- AT.. ALTA Loan Policy (10/17/92) (With Florida Modifications) First American Title Insurance Company MORTGAGEE POLICY SCHEDULE A Customer Reference No.: NCS- 404054FL1 -CLE Agents File No: NCS- 404054FL1 -CLW2 Policy No.: FA -36- 1465573 Issued Pursuant to Commitment No. FA- C- 404054F11 Date Issued: October 29, 2009 Date Effective: October 14, 2009 0 1:10 p.m. 1. Name of insured: Amount of Policy: $7,648,578.81 Goldman Sachs Commercial Mortgage Capital, L.P., a Delaware limited partnership, together with its successors and assigns, including without limitation Goldman Sachs Mortgage Company, as their interests may appear, as defined in the paragraph entitled "Definitions of Terms" contained in this Policy. 2. The estate or interest in the land described or referred to in this policy is an estate or interest designated as follows: Fee Simple - as to Parcel 1 Easement - as to Parcels 2, 3, 4 and 5 and is, at the effective date of this Policy vested in: DDR Southeast Clearwater Development, L.L.C., a Delaware limited liability company, f /k /a Inland Southeast Clearwater Development, L.L.C., a Delaware limited liability company 3. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, covered by this policy are described as follows: Mortgage, Assignment of Rents and Leases, Collateral Assignment of Property Agreements, Security Agreement and Fixture Filing in the amount of $15,297,158.00 from DDR Southeast Clearwater Development, L.L.C., a Delaware limited liability company, to Goldman Sachs Commercial Mortgage Capital, L.P., a Delaware limited partnership, dated as of October 8, 2009, recorded October 14, 2009 in O.R. Book 16725, Page 1199. 4. The land referred to in this Policy is in the State of Florida, County of Pinellas and described as follows: See Schedule "A" attached hereto and by this reference made a part hereof. Fir can Title Insurance Company By: Page 1 of 12 Authorized Signatory First American Title Insurance Company Schedule A (Continued) Issuing Office File No.: NCS- 404054FL1 -CLW2 PARCEL 1: THE PLAT LOTS 2, 3 AND 4, THE CLEARWATER COLLECTION SECOND REP AT, ACCORDING TOCORDS OF PINELLAS THEREOF AS RECORDED IN PLAT BOOK 107, PAGES 24 AND 25, OF COUNTY, FLORIDA, LESS AND EXCEPT THOSE PORTIONS THEREOF CONVEYED, TAKEN OR USED FOR U.S. HIGHWAY 19. BEING TAX PARCEL NOS.: 07/29/16/16442/0020, 07/29/16/16442/0030 AND 07/29/16/16442/0040 PARCEL 2: NON-EXCLUSIVE BY BOOK 73 9 FOR GE 993 AND BOOK 14623,LPAGE 2520. SET IN BOOK 1479, PAGE 95 AS AFFECTED 3: NON- EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL 1 AS SET FORTH IN BOOK 6440, PAGE 2002 AS AFFECTED BY BOOK 6735, PAGE 212. PARCEL 4: NON - EXCLUSIVE EASEMENTS FOR THE BENEFIT OOK 6RC1 PARCEL 1 AS SET ET; BOOK FORTH IN BOOK 6440, 40, PAGE 2013 AS AFFECTED BY BOOK 6735, PAGE 217; 7561, PAGE 2125; BOOK 9664, PAGE 451; BOOK 12196, PAGE 391 AND BOOK 14631, PAGE 1127. PARCEL 5: NON- EXCLUSIVE D BE BOOK 8629, AGE BENEFIT D OF PARCEL 1 BOOK 8681, ET FORTH IN BOOK 6618, PAGE 2190 AS AFFECTED 2 of 12 • First American Title Insurance Company s SCHEDULE B - PART I Agents File No.: NCS- 404054FL1 -CLW2 Policy No.: FA -36- 1465573 This policy does not insure against loss or damage by reason of the following: 1. Rights or daims of parties in possession not shown by the public records. 2. Easements or claims of easements not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. NOTE: EXCEPTIONS NUMBERED ** 1 through 6 ** ABOVE ARE HEREBY DELETED. 7. The lien of the taxes, and assessments if any, for the year 2009 and all subsequent years, which are not yet due and payable, as of Date of Policy. 8. Provisions of the Plat of The Clearwater Collection Second Replat, recorded in Plat Book 107, Page 24 of the Public Records of Pinellas County, Florida. 9. Easement reserved in Warranty Deed recorded in O.R. Book 1479, Page 95, as affected by: O.R. Book 7319, Page 993 and O.R. Book 14623, Page 2520. 10. Drainage Easement recorded in O.R. Book 3999, Page 760, as affected by: O.R. Book 6592, Page 1481. 11. Drainage Easement recorded in O.R. Book 3999, Page 762. 12. The terms, provisions and conditions contained In that certain Interlocal Agreement recorded in O.R. Book 6426, Page 398. 13. The terms, provisions and conditions contained in that certain Parking and Driveway Easement recorded in O.R. Book 6440, Page 2002, as affected by: O.R. Book 6735, Page 212. 14. The terms, provisions and conditions contained in that certain Operation and Reciprocal Easement Agreement recorded in O.R. Book 6440, Page 2013, as affected by: O.R. Book 6735, Page 217; O.R. Book 6921, Page 129; O.R. Book 7541, Page 849; O.R. Book 7561, Page 2125; Page 3 of 12 1 First American Title Insurance Company O.R. Book 7561, Page 2136; O.R. Book 9664, Page 451; O.R. Book 12196, Page 391 and O.R. Book 14631, Page 1127. 15. Easement granted to Florida Power Corporation by instrument recorded in O.R. Book 6504, Page 1405, as affected by: O.R. Book 8813, Page 1298; O.R. Book 8813, Page 1310; O.R. Book 8835, Page 951; O.R. Book 8835, Page 955; O.R. Book 8835, Page 959 and O.R. Book 9156, Page 1563. 16. Non - Exclusive Easement recorded in O.R. Book 6605, Page 82, as affected by: O.R. Book 8698, Page 1153; O.R. Book 8698, Page 1157 and O.R. Book 8813, Page 1278. 17. Easement recorded in O.R. Book 6605, Page 84, as affected by: O.R. Book 8698, Page 1126; O.R. Book 8698, Page 1153 and O.R. Book 8698, Page 1157. 18. Easement by instrument recorded in O.R. Book 6605, Page 86. 19. Declaration of Restrictions recorded in O.R. Book 6616, Page 1104. Affects Parcel 4 only. 20. The terms, provisions and conditions contained in that certain Drainage Easement Agreement recorded In O.R. Book 6618, Page 2190, as affected by: O.R. Book 8629, Page 152 and O.R. Book 8681, Page 394. 21. Easement granted to Florida Power Corporation by instrument recorded in O.R. Book 6640, Page 448, as affected by: O.R. Book 8813, Page 1298; O.R. Book 8813, Page 1310; O.R. Book 8835, Page 951; O.R. Book 8835, Page 955; O.R. Book 8835, Page 959 and O.R. Book 9156, Page 1563. 22. Easement recorded in O.R. Book 6698, Page 907, as affected by: O.R. Book 8698, Page 1126; O.R. Book 8698, Page 1153; O.R. Book 8698, Page 1157 and O.R. Book 8813, Page 1278. 23. Restrictions and any other terms, covenants and conditions disclosed by Warranty Deed recorded in O.R. Book 6735, Page 188. Affects Parcel 4 only. 24. Restrictions and any other terms, covenants and conditions disclosed by Warranty Deed recorded in O.R. Book 6735, Page 194. Affects Parcel 4 only. 25. Restrictions and any other terms, covenants and conditions disclosed by Warranty Deeds recorded in O.R. Book 6735, Page 200 and O.R. Book 6735, Page 206. 26. Ingress /Egress Easement Agreement recorded in O.R. Book 7319, Page 970. 27. The terms, provisions and conditions contained in that certain Drainage Easement Agreement recorded in O.R. Book 7319, Page 980. 28. The terms, provisions and conditions contained in that certain Structural Setback Agreement recorded in O.R. Book 7319, Page 1009. 29. The terms, provisions and conditions contained in that certain Declaration of Unity of Title recorded in O.R. Book 7540, Page 2223, as affected by: O.R. Book 12196, Page 508. Page 4 of 12 First American Title Insurance Company 30. Permanent Easements and takings of the right of direct access as set forth in Lis Pendens recorded in O.R. Book 10598, Page 2406; O.R. Book 10714, Page 620; O.R. Book 10714, Page 624; O.R. Book 10714, Page 628; O.R. Book 10741, Page 2041; O.R. Book 11704, Page 1408 and O.R. Book 11611, Page 1495. 31. in O.R. Book 10604, Page 22207r; O.R. Book right 0662, Page 353 and O.R.R. Book Us Pendens Page recorded 76. 32. Restrictions and any other terms, covenants, easements and conditions disclosed by Special Warranty Deed recorded in O.R. Book 12196, Page 479. Affects Parcel 4 only. 33. The terms, provisions and conditions contained in that certain Memorandum of Development and Use Agreements [Community Sports Complex] recorded in O.R. Book 12196, Page 509, re- recorded in O.R. Book 12278, Page 2145. Affects Parcel 4 only. 34. Restrictions and any other terms, covenants and conditions disclosed by Easement Agreement recorded in O.R. Book 12294, Page 1770. 35. Restrictions and any other terms, covenants and conditions disclosed by Spedal Warranty Deed recorded in O.R. Book 14089, Page 865. 36. Restrictions and any other terms, covenants and conditions disclosed by Special Warranty Deed recorded in O.R. Book 14278, Page 2514. 37. Terms and conditions of, and rights of L.A. Fitness Intemational, LLC, as a tenant only, with no purchase rights, pursuant to, an unrecorded lease executed prior to the date hereof, as evidenced by that certain Memorandum of Lease recorded in O.R. Book 14879, Page 240. This policy is subject to the terms, provisions and conditions contained in said lease. 38. Rights of tenants listed on the rent roll attached hereto as Exhibit A, as tenants only, with no purchase rights. The following Florida approved Endorsement(s) are incorporated into and made a part of this Policy: Form 9 (Restrictions, Ease., Min.) FL 9 Environmental Protection Lien ALTA 8.1 Contiguity FL 15 Survey FL 16 Page 5 of 12 EXH iQiT A R5515001 Bldg ID: 30112 Period Run For: 10/1/2009 Suite k Tenant Name DEVELOPERS DIVERSIFIED REALTY DDR - Custom Rent Roll Report CLEARWATER COLLECTION CLEARWATER, FL 10/1/2009 15:40:15 Page - 103 of 132 Reported Square Lease Tents Annual Annual Options — Est. Annual Recurring Expenses $/sf — Total — Percentage Rent — Sales S Report Footage Increases/Options SJsf Rent/$ Notify by CAM RET INS MFC RMR Other $/sf Brk % Brk Amt $ Prev 12 Freq. Vacant Suites 00008 00009 00010 Temporary Tenants 900001 VERIZON SERVICES CORP A AN Lease /D: 37422 1 4,300 2,000 7,700 9/1/2009 8/31/2014 RCD: 9/1/2009 Orig End Date: 8/31/2014 Occupied Suites 00002 L.A. FITNESS INTERNATIONA 45,000 4/4/2007 4 /30/2022 16.00 720,000.00 16.00 A ST LearelD: 19751 1 RCD: 4/4/2007 Orig End Date: 4/30/2022 Option 1 5/1/2022 4/30/2027 CPI 11/1/2021 Option 2 5/1/2027 4/30/2032 CPI 11/1/2026 Option 3 5/1/2032 4/30/2037 CPI 11/1/2031 00003 FLOOR& DECOR 65,688 521/2007 5 /31/2012 8.95 587,907,60 .93 2.10 1.07 13.05 A ST Lease /D: 17527 1 RCD: 5/21/2007 Orig End Date: 5/31/2017 RTB : 6/12012 5/31/2017 9.00 591,192.00 Option 1 6/1/2017 5/31/2022 9.50 624,036.00 Option 2 6/1/2022 5/31/2027 10.00 656,880.00 00004 BUFFALO WILD WINGS GRILL 7,335 8/24/2009 10/23/2009 A ST Lease ID: 37328 1 RCD: 10/24/2009 Orig End Date: 8/31/2019 RTB : 10/24/2009 8/31 /2010 19.00 139,36500 RTB : 9/1/2010 8/31/2011 20.00 146,700.00 RTB : 9/1/2011 8/31/2012 21.00 154,035.00 RTB : 9/1/2012 8/31/2013 22.00 161,37000 RTB : 9/1/2013 8/31/2014 23.00 168,705.00 RTB : 9/1/2014 8/31/2019 24.64 180,734.40 Option 1 9/1/2019 8/31/2024 27.60 202,446.00 9/1/2018 Option 2 9/1/2024 8/31/2029 30.91 226,724.85 9/2/2023 5.00% M N 4,930,120 N M • R5515001_ Bldg ID: 30112 Period Run For 10/1/2009 Suite 11 Tenant Name Square Lease Terms Footage Increases/Options DEVELOPERS DIVERSIFIED REALTY DDR - Custom Rent Roll Report CLEARWATER COLLECTION CLEARWATER, FL Annual S/sf Annual Options -- Est. Annual Recurring Expenses S/sf- Rent/S Notify by CAM RET INS MFC RMR Other 10/1/2009 15:40:15 Page - 104 of 132 Total — Percentage Rent — S/sf Brk % Brk Aura Reported Sales S Report Prey 12 Freq. Total for Bldg: 30112 CLEARWATER COLLECTION Total Sqft Occupied: Total Sgfl New: Total Sqft Vacant: Leased/Unoccupied Sqft: Master Leases: Temp Tenants Total SO Occupied w/New: Master Lease w/New & Occupied: Lease/Unoccupied Sqft w /Occup/Master: Total Owned: Total UnOwned: Total Owned/UnOwned: Square Feet 118,023.00 .00 14,000.00 00 00 .00 .00 .00 .00 1,307,907.60 % Total Owned w /GR Unit Totals 89.40% 3 Occupied 0.00 0 New 10.60% 3 Vacant 0.00 0 Dark 0.00 0 Master Leases 0.00 1 Temporary Inline 0.00 0 Occupied Lease 0.00 0 Master Lease New /Occupied 0.00 0 Dark Lease New/Master /Occupied 132,023.00 100.00 7 Total Owned Units .00 0 Total UnOwned Units 132,023.00 7 Total Owned/UnOwned Units 4,930,120.00 First American Title Insurance Company SCHEDULE B - PART II Agents File No.: NCS- 404054FL1 -CLW2 Policy No.: FA- 36- 1465573 In addition to the matters set forth in Part I of this Schedule B, the title to the estate of interest in the land described or referred to In Schedule A is subject to the following matters, If any be shown but the Company insures that such matters are subordinate to the lien or charge of the Insured mortgage upon said estate or interest: NONE Page 6 of 12 First American Title Insurance Company FAIIC -733 FLORIDA FORM 9 ENDORSEMENT ISSUED BY FirstAmerican Title Insurance Company Issuing Office File No.: NCS- 404054FL1 -CLW2 Attached to Policy No.: FA- 36- 1465573 The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of: 1. Any Incorrectness in the assurance that, at Date of Policy: (a) There are no covenants, conditions or restrictions under which the lien of the mortgage referred to In Schedule A can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired. (b) Unless expressly excepted in Schedule B: (1) There are no present violations on the land of any enforceable covenants, conditions or restrictions nor do any existing Improvements on the land violate building setbad( lines shown on a plat of subdivision recorded or filed in the public records. (2) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land does not, in addition, (1) establish an easement on the land; (ii) provide a lien for liquidated damages; (iii) provide for a private charge or assessment; (iv) provide for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant. (3) There is no encroachment of existing improvements located on the land onto adjoining land, nor any encroachment onto the land of existing improvements located on adjoining land. (4) There is no encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B. (5) There are no notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records. 2. Any future violation on the land of an existing covenant, condition or restriction occurring prior to the acquisition of title to the estate or interest in the land, provided the violation results in: (a) Invalidity, loss of priority or unenforceability of the lien of the insured mortgage; or, (b) Loss of title to the estate or interest in the land if the insured shall acquire title in satisfaction of the indebtedness secured by the insured mortgage. 3. Damage to existing improvements (excluding lawns, shrubbery or trees): (a) Which are located on or encroach upon that portion of the land subject to any easement excepted In Schedule B, which damage results from the exerdse of the right to maintain the easement for the purpose for which is was granted or reserved. (b) Which results from the future exercise of any right to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing improvement on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or indude the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraphs 1. (b) (1) and 5. the phrase "covenants, conditions or restrictions" shall not be deemed to refer to or indude any covenants, conditions or restrictions relating to environmental protection. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and Page 7 of 12 First American Title Insurance Company provisions of the policy and any prior endorsements, nor does It extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. Issue Date: October 14, 2009 First American Title Insura By: (TP 4/97) Authorized Signa ory Page 8 of 12 First American Title Insurance Company FLORIDA FORM 8.1 ENVIRONMENTAL LIEN ENDORSEMENT Attached to and forming a part of Policy No. FA- 36- 1465573 The Company insures the Insured against loss or damage sustained by reason of the lack of priority of the lien of the insured mortgage over: (a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed In the records of the Berk of the United States district court for the district in which the land is located, except as set forth, if at all, in Schedule B; or (b) except en environmental protection lien proovidedfo any by the following state statute(s): None�, This endorsement is made a part of the policy and Is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. Issue Date: October 14, 2009 First American Title In nce Company By: Authorized Sig Page 9 of 12 First American Title Insurance Company FATIC-769 FLORIDA CONTIGUITY ENDORSEMENT ISSUED BY First American Tide Insurance Company Issuing Office File No.: NCS- 404054FL1 -CLW2 Attached to Policy No.: FA -36- 1465573 The Company insures the Insured herein against loss or damage by virtue of any inaccuracy in the following statement, to wit: Lots 2, 3 and 4 of Parcel 1 are contiguous to each other along their common boundaries, and, taken as a tract, constitute one Parcel of the land. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. Issue Date: October 14, 2009 First American Title Insurance Company By: (TP 5/99) Page 10 of 12 FATIC -770 First American Title Insurance Company FLORIDA SURVEY ENDORSEMENT ISSUED BY First American Tine Insurance Company Issuing Office File No: NCS-404054FL1 -CLW2 Attached to Policy No: FA- 36- 1465573 The Company hereby acknowledges the lands described in Schedule A are the same lands described in the survey prepared by Cumbey & Fair, Inc. dated August 2004, last revised September 28, 2009, designated Job No. 963B; however, the Company does not insure the accuracy or completeness of said survey. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. Issue Date: October 14, 2009 FIRST AMERICAN TITLE INSURANCE COMPANY By: Authorifed Signatory (TP 5/99) Page 11 of 12 • First American Title Insurance Company Issuing Office File No.: NCS- 404054FL1 -CLW2 Note: All of the recording information contained herein refers to the Public Records of Pinellas County, Florida, unless otherwise indicated. Any reference herein to a Book and Page is a reference to the Official Record Books of said county, unless indicated to the contrary. Notices - Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 2075 Centre Pointe Boulevard, Tallahassee, Florida 32308 -3752. Service. Oualitv and Availability First American Title Insurance Company cares about its customers and their ability to obtain Information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll -free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints at 1- 800 - 929 -7186. Office hours are from 8:30 a.m. through 5:30 p.m. Monday through Friday. Page 12 of 12 . la Bogart June 10, 2011 Written resp Project: Architecture, Inc. onses for Clearwater Flexible Development Application DRC Review Comments of May 27, 2011 and Meeting of June 2, 2011 Clearwater Collection Shopping Center Newpoint Pinellas High School (Grades 9 - 12) 21810 & 21820 U.S. Highway 19 N. Clearwater, FL. 33765 Engineering Review Prior to issuance of a Building Permit 1. If food preparation is proposed a properly sized grease trap will need to be provided. Response: We will comply. The tenant will serve only pre - packaged foods. No food preparation will take place. Additionally, the previous tenant was a restaurant and grease traps exist in the rear area of the building. The tenant has submitted a letter stating they do not prepare foods. Fire Review: 1.)FDC is required and shall be a minimum of 15 feet from building and shall have a fire hydrant within 40 feet. ACKNOWLEDGE PRIOR TO CDB. Response: We will comply. The location of the FDC for this tenant and building is at the Fire Riser to the Fire Suppression System. Inspector Keller has confirmed this connection exists and as an existing condition is acceptable with the applicant. I have spoken and corresponded with Inspector Keller and acknowledged the resolution of this issue to his satisfaction. 2.) Show location of fire hydrant for fire fighting use. Must be within 300 feet of building as hose lays and on the same side of street as building. ACKNOWLEDGE PRIOR TO CDB. Response: We will comply. The locations of fire hydrants are now indicated on the Architectural Partial Site Plan. There is a fire hydrant in the front of the building and others in the rear of the building all within the allowable 300 foot distance. Inspector Keller has reviewed this condition at the Site and has confirmed this is an acceptable condition with the applicant. I have spoken and corresponded with Inspector Keller and acknowledged the resolution of this issue to his satisfaction. Building Plans are in for review under permit BCP2011 -04512 some conditions are: 1.) Plan shows doors that going to be locked in place with signs showing the outside that the door is not an exit, see NFPA101, 2006 edition Chapter 14 New Educational Occupancies 14.2.2.2.3 Special Locking Arrangements complying with 7.2.1.6.1 Delayed Egress Locks will be approved or remove the doors or add panic hardware. 820 West Superior Ave. Cleveland, Ohio 44113 Voice: 216/696/0700 www.bogartarchitecture.com Fax: 216/696/4747 Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 2 of 8 Response: We will comply. The doors in question are to be dry- walled over on the interior and locked in place from the exterior. The plans meet the requirements of the means of egress for NFPA and the FBC without the use of the doors in question. The doors in question are not a part of the required means of egress. Since the doors are not visible from the interior there will be no mistaking them as exits. The building Owner wants to keep the doors in case this tenant moves out in the future and the door locations are needed at that time. We have modified the signs on the rear of these doors to read: "Not An Exit 21810 US 18N" as we discussed and agreed in the Review meeting of June 2, 2011. This resolution appeared to be acceptable to Inspector Keller. 2.) Plans show that this building is protected by a fire sprinlder system, when the fire sprinkler plans come in it will be required to have Knox Locking Caps and must meet the requirements of NFPA-1, 2006 edition, Chapter 18 Fire Dept. Connection shall be provided with a sign showing "No Parking" and the address that the fire department connection supplies. Response: We will comply. The building Owner is making application for the Knox Locking Caps. Our revised plans indicate the sign and it's location at the FDC for this Building. The FDC was reviewed by Inspector Keller and found that the existing condition is acceptable. The Plans will state that the Knox Box location is to be installed at the direction of the Fire Dept. 3.) NFPA 1 2000 Edition, Chapter 3 General Provisions 3 & 6 Access Boxes a Knox Box SHALL be provided for FIRE DEPARTMENT rapid entry. Form can be obtained at Clearwater Fire & Rescue Division of Fire Prevention Services 610 Franklin St. Clearwater, FL. 33756 Phone (757) 562 -4327, Fax (727) 562 -4461. Response: We will comply. The building Owner has made application for the Knox Box. Planning Review: 1. The submitted survey shows approximately 76 off street parking spaces available for the proposed Charter School. CDC Section 2 -1202 requires 1 parking space per 3 students. Based on the requirements a total fo 228 students may be permitted to attend this school. What will be the proposed class size for each grade or total number of students on site each day? Response: We will comply. The number of students will not exceed 228. The tenant has submitted a letter stating that there will not be more than 225 students. 2. Expand on response to criteria #1 in CDC Section 3 -914A "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." How will a full time Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 3 of 8 grade school within a Shopping Plaza be in harmony with adjoining retail sales and services and restaurants? Response: Coverage and density are quantitative issues in which we do not have control as the existing building and parking lot are existing. At the time of construction the City approved the development and thus must be assumed to have met the standards, if any, at that time. The size of the building and the lot coverage, which correlates to density is not changing except for the change in the landscape island that was added. Scale, bulk and character are subjective issues. Since the size of the building, its bulk and character are not changing and since the building is already part of a larger set of buildings and neighborhood, these qualities would have already been accepted by the community at large. Additionally, this building, which has been vacant since 2004, is located in such a manner from the major roads that it's visibility is partially hidden. This building is completely hidden from Drew Rd. It has very limited visibility from US 19N as it sits well back from the highway and is behind the restaurant. The school is a High School, the school's directors have researched the area and deem there to be a high level of compatibility and a need in the community for this use. The directors have received responses from over 120 families that are interested in sending their children to this High School This speaks volumes for what the community at large wants and needs. The changes to this Project are all interior changes to suit the School's operations. This use will bring visitors and users to the center who will appear like any other visitor in the retail center. All visitors will arrive by car, there are no school buses, and since all visitors will be wearing street clothes like any other shopper there will be an harmonious blending of visitors to the center. The flow of activity during the day will resemble any other typical center. This use is harmonious with the area surrounding the center. This center is diagonally across from St. Pete Junior College, (on Drew), whose student population on their campuses is about 65,000. Newpoint Pinellas is a high school, and the occupants at Newpoint are slightly younger than St. Pete Junior College, however, there shouldn't be much difference in appearance. There are students walking around the adjacent shopping centers all the time. This center is far from other typical shopping centers in the City. Its location and the surrounding buildings physically separate it from other shopping centers. Bright House Field is a large, massive building that serves as a buffer to the north, precluding physical or visual connection in that direction. To the West a vacant field and then ball fields again physically buffer and separate this center from surrounding areas. To the East, US 19 N, and the raised highway form another physical buffer and visually separate the community. South of this Center is a Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 4 of 8 commercial district but St. Pete Junior College is very prominent in connecting to this center. In this regard there will be no change to the center. We have included photos of other shopping centers in this area of Florida where Schools are in shopping centers and have successfully integrated. This is not a precedent setting use. Please see the attached photos of Newpoint Pinellas parent company's School in Valrico in a shopping center. Also please see the site photo of a Sylvan Learning Center in a shopping center in Florida. Sylvan Learning Centers are in numerous shopping centers around the country, and in Florida. They are successfully integrated. 3. Any proposed measures to ensure students safety walking from parking lot into proposed school building? A submitted letter indicates that some students will be dropped off and picked up by parents. Are there any plans to provide a safe pick- up /drop -off designated area in front of the building? Provide further explanation how proposed use meets the safety aspects of question #3 of CDC Section 3 -914A. Response: We will comply. A dedicated lane for the safe Drop Off & Pick up of students in front of the building has been included in the plans. The existing drive is wide enough to accommodate the drop off and pick up zone. The students will not have to cross any traffic. This parking area is at the end of the center, thus there is no through traffic, only the traffic generated by visitors to the School, except for games. Traffic for Bright House field will occur at times that does not appear to conflict with the normal schedule of the school. The Charter High School is concerned about safe operation and has opted for a Safety Improvement Program. This program will consist of the following: 1. During baseball games the School will have portable signs to section off and separate their parking from the vehicles parking for a ball game. 2. During games a security guard will be retained to afford additional protection. 3. The school will inform the parents of students being dropped off or picked up that they are to wait near the school and not cross into traffic or Bright House Field. 4. Provide further explanation to criteria #5 how the proposed school is consistent with community character (commercial) of the immediate vicinity of the parcel. Response: The uses in the immediate vicinity include recreation, sports, a physical fitness center, a retail store, a hotel, a restaurant, and St. Pete Junior College. With 65,000 students at the local campuses of St. Pete's Junior College there are a large quantity of students walking around and utilizing the commercial uses in the local vicinity. This large facility has a significant impact in terms of character of the area, the use of the area, type of person using the area and the transportation effects in the area. Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 5 of 8 Certainly our high school, an educational use, typically ofyounger persons fits right into the character of the immediate vicinity. But at the same time, this education use will be held inside of a previously planned, constructed and accepted commercial structure, which already matches the shopping center architecture, style, and context of the center. The remaining commercial uses in the immediate vicinity will have cohesion and compatibility in the same capacity that occurs now. We have included photos of other shopping centers in this region of Florida that have schools in their shopping centers to indicate that this use and combination is established and successful. 5. Show on site plan that the parking lot /spaces associated with this property are compliant with CDC Sections 3 -1402, 3 -1404 and 3 -1410. Response: We will comply. The parking lot spaces associated with this property are generally in compliance with CDC 3 -1402, 3 -1404 and 3 -1410. Where not in compliance we have indicated changes to be made to the parking lot on the Architectural Partial Site Plan. We will require the contractor to comply with the requirements of CDC 3 -1402, 3 -1404 and 3 -1410 as well as any other requirements of the CDC. 6. How will parking be controlled during the baseball spring training period and after? Restricted parking signs may be necessary in order to stop people attending a game from using required parking spaces for the Charter School. Response: We will comply. There are already signs to indicate the extent of the shopping center and ball field parking areas. Additional signs can be added if they prove to be inadequate. In addition, the starting times of the School is much earlier than the ball games, thus the students should be able to park in their area of the lot well prior to the traffic arriving for the ball games. Additionally, there is no school in attendance in the summertime. The school follows the municipal school calendar. A majority of the ball games may be when school is not in session. The Charter High School is concerned about safe operation and has opted for a Safety Improvement Program. This program will consist of the following: 1. During baseball games the School will have portable signs to section off and separate their parking from the vehicles parking for a ball game. 2. During games a security guard will be retained to afford additional protection. 3. The school will inform the parents of students being dropped off or picked up that they are to wait near the school and not cross into traffic or Bright House Field. Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 6 of 8 7. Provide the dimensions of handicap parking spaces with access to the building entrance on site plan. Ensure handicap parking spaces are compliant with CDC Section 3 -1409. Response: We will comply. The existing handicap spaces, of which there are 4 and 4 are required do not meet the current requirements of CDC 3 -1409 and the Florida Accessibility Code and ADAAG. We have indicated the changes required to comply with the codes. These changes are indicated on our Architectural Partial Site Plan and the Site Detail drawings. 8. Typically a new use or a change of use shall satisfy the landscape and parking standards of CDC Section 3 -1202 and 3 -1402. These provisions require properties not meeting code to be brought up to current development standards. This site was developed prior to current code standards. In addition, a Comprehensive Infill Redevelopment Project request means that a the applicant will offer an innovative use of land which does not conform to typical land use categories or development forms and involves a use of mix of uses, designed and located in a special or innovative form with special function or character which are beneficial to a particular part fo the City of Clearwater and the citizens of the City of Clearwater as a whole. However, no changes to the building or site are proposed for this Project. Criteria #6 of the Comprehensive Infill Redevelopment Project requires compliance with all the design objectives listed. How does this project comply with the design objective (d) providing visually interesting and attractive appearance of the site and building , etc? Any plans to enhance the visual appearance or color of the building? Response: We will comply. There is limited potential to modify the existing site, There is no additional vacant land, nor is there an unused or unneeded areas of building or parking that can be utilized for landscaping. Current storm water management, site topography further limit the potential for site modifications. All existing parking stalls are required and needed. The parking areas at our parcel already have landscaped islands and the area between is striped for required and needed parking. We have identified the only parking island that can be changed from paved and striped to a planted island. The Architectural Partial Site Plan indicates the location and extent of this new landscaped island. The size, shape and location of the landscaped island is limited so as to prevent impeding water flow during rains, and it must conform to existing parking stall striping. The new island meets the requirements of CDC 3 -1202 and is noted on the plans to comply with the CDC We have also added a large triangular planter at the southerly area of the buildings walkway against the adjacent building. This planted area shall also conform to the CDC landscaping requirements, it is comprised of about 195 s.f. Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 7 of 8 Solid Waste Review In addition to the landscaping added, we have indicated that the entire building exterior is to be painted. The colored elevations submitted are limited to the printing process, the actual colors used will be selected based upon paint samples that match the existing shopping center which are already harmonious with the surrounding buildings. New under -canopy lighting is incorporated in the plans in order to brighten the front walkway area. Currently, there is no enclosed trash area. A new trash enclosure structure which will comply with the Solid Waste Dept. requirements is planned in the rear service area. The existing building proposed to be occupied by the School has been vacant since 2004. The interior was partially demolished in preparation for another anchor tenant who determined that they would be better suited at a more densely populated commercial district. The Owner's leasing dept. has not received much interest in the intervening years from interested retail businesses since the center does not fit the current model of desirable retail center. Retail commercial districts perform much better when there is a mass of centers in one area. This center is separated from other retail oriented centers and is not massive enough to support the diversity and scale of retail stores that are required for a retail shopping center to thrive. This is well evidenced by the current businesses occupying vast majority of the center, a Fitness Center and a discount tile store. Corresponding rents are not commensurate with the prime retail centers of the areas, thus opportunities are limited. The size and location of this center precludes prime Class A tenant occupancy which are insurmountable barriers. A charter High School is a good use and fit within the center and this particular local community. Will need dumpster enclosure built to City Indenx #701. Response: We will comply. We have indicated the location of the enclosure on the Architectural Partial Site Plan to be in the rear service area, away from the buildings adjacent to the end of a row of parking stalls, with clearances for turning radius of trucks, both those servicing the dumpster and those delivering and servicing the building truck docks, loading areas and maneuvering areas. The enclosure will be of concrete block per the city' s requirements with the exterior finished in stucco and painted to match the front facade of the building. Newpoint Pinellas TSP Clearwater Collection Shopping Center DRC Review Comment Response June 10, 2011 Page 8 of 8 Stormwater Review Traffic Eng Review DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Thank you for your time and consideration of our Application and Project. The tenant, Newpoint Pinellas School and the Owner of the Shopping Center believe that this Project is well suited for the area and a good fit with the Shopping Center. As stated herein, the school has received very good feedback from marketing research they have performed which is indicative that this School is a needed use within the community. We believe we have addressed all the concerns and issues brought to our attention. We have greatly modified our planning to successfully accommodate these concerns. We believe this use fits well within the constraints of your codes and requirements for this location. The School is satisfied with the safety program established for the school and it's users. The school has taken the proximity of the retail stores, restaurant and ball field into account when they made their site selection. If you would like to discuss or review any issues, comments, plans or details please contact me immediately. We would like to proceed at the earliest possible schedule to get this School to be operational for this school year which begins for them August 1, 2011. Respectfully Submitted, Bogart Architecture, Inc. Jeffrey H. Bogart President enc. Newpoint Partners School at Valrico Fl. Shopping Center. This is a similar high school to that being proposed at Clearwater. 1 Newpoint Partners School in Valrico FL. Located in a shopping center with numerous Retail tenants 2 Sylvan Learning School within a Shopping Center near Tampa, FE 3 School within an Office & Retail complex in Tampa Florida region. Project: Original written responses for Clearwater Flexible Development Application See new comment letter. Clearwater Collection Shopping Center Newpoint Pinellas School (Grades 9 - 12) 21810 & 21820 U.S. Highway 19 N. Clearwater, FL. 33765 Section A: See Application Section B: See Application Section C: See attached copy of Title Insurance documents and Section N, page 8. Section D: Written submittal requirements: Provide response to the 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. The proposed use is a Charter School, Newpoint Pinellas, grades 9 thru 12, that will occupy a portion of an existing shopping center building. There is no change in the size or the exterior design of the existing building. The building scale, bulk, coverage, and density of the existing building will not change. The Charter School will fit within the interior of the existing building. The character of the adjacent properties will not be affected. The current use of this property is a retail shopping center which normally has numerous visitors, traffic and other characteristics which are similar to the intended use. The use of adjoining properties is commercial, mainly recreational and will not be affected. 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 adjacent properties are already constructed or have a use. The proposed use of a Charter School will not negatively impact the adjacent properties and their existing uses. Adjacent uses are mainly recreational and include baseball fields, baseball stadium, and retail developments. This proposed use is in keeping with the character of the adjacent properties and uses. 3. The proposed development will not adversely affect the health, safety or persons residing or working in the neighborhood of the proposed use. The proposed use does not affect the health, safety or persons residing or working in the neighborhood of the proposed use. The Charter School clients will be inside the school during the day and will not impact the surrounding properties or uses. There is no byproduct, process, noise, exhaust or any other external potential deleterious condition associated with the proposed use, thus there is no adverse affect. Newpoint Pinellas TSP Clearwater Collection Shopping Center Flexible Standard Application Responses April25, 2011 Page 2 of 6 4. The Proposed Development is designed to minimize traffic congestion. The proposed use will have a minimal traffic and impact than the existing retail shopping center use. The occupants of the proposed use may or may not drive but for those that do, they will arrive in the morning and leave in the afternoon. The current shopping center use has traffic that may continually arrive and leave, not only during the day but in the evening as well. The current use generates numerous vehicle trips per day, whereas the proposed school use does not. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the community character. The use by a charter school does not adversely impact the character, it strengthens it. A school promotes a stable use and character. The adjacent uses are mainly recreational and are compatible with this proposed school use. 6. The design of the proposed development minimizes adverse effect, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The proposed charter school use minimizes adverse effect, including visual, acoustic and olfactory and hours of operation impact on adjacent properties. There is no external visual, acoustic, olfactory effects. The hours of operation are less than the existing retail store operation, thus all factors are minimized in relation to the existing uses. Written Submittal Requirements: (Comprehensive In -fill Redevelopment Project Criteria) 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The redevelopment is impractical as retail tenants are not expanding and the area is mature, thereby reducing the available pool of potential tenants. A charter school use is consistent with the types of tenants in this district. A charter school is more like a business than a public school. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. The proposed use is consistent with the Plan, purpose, intent and basic planning objectives of this Code and district. The use as a charter school is consistent with the other uses in the area. The use is akin to a business occupancy. The occupants will be inside the building during the day and will not negatively interact with the surrounding properties and uses. After hours the occupants will be like any other resident of the area and are free to shop, dine, play etc. which is consistent with the adjoining uses. Newpoint Pinellas TSP Clearwater Collection Shopping Center Flexible Standard Application Responses April 25, 2011 Page 3 of 6 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The redevelopment and proposed use will not impact the normal and orderly development and improvement of surrounding properties. The occupants of this charter school will be inside the building during the day, in classes and will not impact the surrounding properties. The surrounding properties have existing uses and are consistent with this occupancy. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. The adjoining properties will be symbiotic in nature to this proposed redevelopment use. The adjoining properties are mostly recreational which works well with this proposed use as a charter school. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and re- zoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and /or preservation of a working waterfront use. The proposed use is compatible as this type of use is allowed in similar districts. This use will contribute positively to the overall character and status of the area. This use will create more and higher paying jobs than the Retail use for which this part of the existing development is approved. This use will be an economic contributor to the community and serves a necessary need in the community. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; Newpoint Pinellas TSP Clearwater Collection Shopping Center Flexible Standard Application Responses April25,2011 Page 4 of 6 c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. hi order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: Changes in horizontal building planes; Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; Variety in materials, colors and textures; Distinctive fenestration patterns; Building stepbacks; and Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The development will not impede the normal, orderly development and improvement of surrounding properties for uses permitted in this district. The existing development complied with the design guidelines when it was constructed and appears to comply today. The design, scale, and intensity of the existing building supports the established character of the area. The building is existing and no architectural character changes are contemplated for the exterior of the building. The existing building has a pleasing exterior and is part of the community fabric that makes up the character of the area. Section E: Stormwater Plan Submittal Requirements The Development exists and no changes are intended to the existing building, parking lot or impervious areas. The storm drainage will not be affected by this proposed use. The Development has storm water controls in place from the original development and construction as granted by the authority having jurisdiction. Section F: Supplemental Submittal Requirements There are no changes to the existing topography, trees, landscaping or any other site amenities. There is no change requested to the existing parking. The existing parking count is greater than is actually required for a retail development. The Property is identified as Folio or Property Number or Tax ID: Parcel for TSP 9 & 10: 07 29 16 16442 000 0040 Other Parcels 21800 US 19 N 07 29 16 16442 000 0020 (This searched to be the correct diagram on www.pcpao.org website.) A location map of the Property is attached herewith as is a survey drawing. Newpoint Pinellas TSP Clearwater Collection Shopping Center Flexible Standard Application Responses April 25, 2011 Page 5 of 6 Section G: Site Plan Submittal Requirements The applicant has included a Boundary and Topographic Survey. There are no changes requested for the proposed use. A color site plan reduced to 8 -1/2" x 11" is attached herewith. The applicant has included a parking count plan. Section H: Landscaping Plan Submittal Requirements The applicant is not in possession of Landscape plans information as this is an existing property, already developed and approved. There are no changes requested for the proposed use. A color site plan reduced to 8 -1/2" x 11" is attached herewith. Section I: Building Elevation Plan Submittal Exterior elevations of the building are included and attached herewith. There is no change to the colors, materials or other elements of the building, except for the painting and maintaining of the exterior. Section J: Signage The proposed tenant, Newpoint Pinellas Charter School will comply with the existing criteria for a sign in the shopping center on their sign fascia. The tenant will apply for a sign permit and submit their required application. The sign is to be in conformance with the established Shopping Center Criteria previously approved. Section K: Traffic Impact Study The traffic impact on the Shopping Center and surrounding properties will not be adversely impacted. It is anticipated that the Newpoint Pinellas users will have significantly less "vehicle trips" than a shopping center retail tenant of similar size. Section L: Fire Flow calculations The existing building has a fire suppression system. The system meets the FBC requirements for a fully suppressed building, (FBC Section 903). Changes are intended to meet the requirements of the interior alterations. Plans will be submitted by a Florida licensed fire sprinkler system designer /contractor. Newpoint Pinellas TSP Clearwater Collection Shopping Center Flexible Standard Application Responses April 25, 2011 Page 6 of 6 Section M: Signature See application. Section N: Affadavit to Authorize Agent See application. St Pete tit-yk.3 C.,-,rt•ge-cieratwater, Clearwater Collection SC • MIDIS TIC.IMIGI METIMS.0.W SMDM Of DIM. CM. PRIMO 'ice • • ZM 0 M .® MM Wigrr.Z5 Nn 04g LWWCIMON py��qE {fps if�l :amilii ::::1A�•■::::■■■■U::::i• oilaiii::•U ■ ■::::I■ ■I:: �A■ •i ::::■� ■■■ 1:1 ■■■IN €' ipp =ri p 'i■5 Pill y EFRS;: p'iur l , 7N� ,i ■■ ■i■i lii =mml ■_cam■ 1 ImmismCAI IlmnIll nll"I - I,ni • Ilmnmll I IIIrnn«II •m ■ Ii �I ■■1'II�1mi 51A5,115 5NYRI MANS.. it. OR MUYEU TO PN.M NO PMR 1tCSM TO COAM EAST. LIMIT TIMM. 1)45110 8 51NCM -) 11)Ef MRS IN MPIP HIC 1412*. EAST.. INTM NMI E MASS C0MM TO If PHNOM reu.E 113 TO 1 TO 15.1112 NOD MW PIGS 206 Dr) EAST.1DIK IMNl SINK SR RAM IWO PAR au fX RS SMER. WAS DABS MGM lf.N. RMINMI N: POD 18V(E MIST. DOOR W IBA . MIME. WAIT POOR I IPNE 001115 MU NW WIRT .605 ENTRY FRONT EXTERIOR ELEVATION 'tNLVn' - r9' EA51. MIRY WALD L MS MNI PRRNM IMUTa MMl11 of EAST. COMMIS 50.11 OR 1240 IEA`.f®911t AGRVt COMMIS 14,.t 0 RBMP O 2. f 11 NAMSS II'BC{Ra15ASl. NCPS,S1 M e1 b. MINI MDR DAMMAM 5. � I"PBM M..MIS PaA ` S S IDI ' MS. AMf#SMISS TO NM Id 1 , PA.I P.11 TO MGH NIA. nell To MICA RD1MMM Of 0912 rBbh NAVID TIMMY 10111M o. Q of O. FB f..fc, ROIWi` RIM.MT T STORIMMIT. NOWA SMBAIK1MRa 00115c4[R50MQ'IMSM01112 RIGHT SIDE EXTERIOR ELEVATION SWOOPS• - FOE ROY( 1214112 ORMVMMM. AGM. IMMO UAOR Xllf cf 5MJIR0 Cal. MOM., DAM ,N. (OY PXR I0( M TIKE MRTE 1112 NM I P00I1ML POP IBR MTN/ 5M }T N MI . MC EVALS EAI MO 0 Me M RAID. ATP. - MAST. nfWT.PN651 MR9T Mt MK /0404 M0090 7 MO ON xa 200C15110*LNS IMW I142 NEC DAIS KR C.f. To EASSe I1K SENT REAR EXTERIOR ELEVATION 52.210111.10 REM 1 IPCR11.EV510 se 116�� LOCIMO•0 M. MOO IK Eft- 7M1 Z $d Un 411 SSE 2 TENANT SPACE FOR: NEWP OINT PINELLAS p0 MY. 6∎0•21 IM GIs No. Date/kavpEm Reams: Sheet Issue Date: Arum 13 Progress O Design • Bid moue • Pork 265001 o COIMMO1 n • AWMCd cMNI EA Comm # 201105 Drawn By: y Sheet Tree. Exterior Elevations Sheet No: N OLD COACHMAN RD RETENTION POND U1 BRIGHTHOUSE FIELD (Spring Training for PhiHies) 2 FLOOR AND DECOR 65,688 SF MN NM 7,335 SF 3 LA FITNESS OPEN SPACE = 36,000 SF COURTS =9,000 SF 111E11IE y 67.51'. J ±178' DREW ST z CLEARWATER COLLECTION 21688 -21800 US 19 N Clearwater, Florida 33765 Latitude:27.9698 , Longitude:- 82.7317 TENANT INDEX 2 FLOOR AND DECOR 3 LA FITNESS 4 BW3 8 AVAILABLE 9 NEWPOINT PINELLAS 10 U2 KANES FURNITURE REVISION 07.28.10 65,688 SF 36,000 SF 7,335 SF 4,300 SF 12,034 SF 7,700 SF TOTAL CAR SPACE COUNT: 706 SPACES THIS DRAWING IS FOR GENERAL INFORMATION PURPOSES ONLY, ANY AND ALL FEATURES. MATTERS AND OTHER INFORMATION DEPICTED MERITON OR CONTAINED HEREIN ARE FOR LUSTRATIVE MARNETINO PURPOSES ONLY. ARE SUBJECT TO MODIFICATION WITHOUT NOTICE. ARE ARE INTENDED TO DC RELIED UPON SY ANY PART AND RE NOT INTENDED TO CONSTITUTE REPRESENTATIONS OR WARRANTIES AS TO OWNGSNIP OF THE REAL PROPERTY DEPICTED HEREON, THE SIZE AND NATURE OF IMPROVEMENTS TO BE CONSTRUCTED (OR THAT ANY IMPROVEMENTS LY SE CONSTRUCTED) OR THE IDENTITY OR NATURE OF OCCUPANTS THEREOF. 400. DEVELOPERS DIVERSIFIED REALTY 3300 L,RBTpdS3 Parkway. AMd,wood. OH 44122 PhonS 21.. 733 ..62013 Fox 216.763.1500 i 4 Newpnt EDUCATION PARTNERS April 15, 2011 Nick Sanfilippo Sr. Tenant Coordinator Developers Diversified Realty Two Securities Center 3500 Piedmont Rd. #730 Atlanta, GA 30305 Nick, In regard to transportation and parking for the school, students will largely be picked up and dropped of by parents or they will drive themselves. Based on this, we will need 50 spaces in the first 2 years, which is sufficient provided in front and at the rear of the site. If further parking spaces are needed, we would be willingly to assign parking spaces based on the center's needs. The school calendar and school hours will largely match that of the Pinellas school district. Generally the day begins at 7:00 a.m. for staff and ends at 5:00 p.m. during the school year. During summer and other breaks, the day may be shorter by an hour, beginning at 8:00 a.m. Sincerel Marcus N. M y President & CEO Newpoint Education Partners 700 West 23rd Street, Building "H" — Panama City, Florida 32405 — 850 - 270 -1770 rw DEVELOPERS DIVERSIFIED REALTY' April 21, 2011 City of Clearwater Attention: Robert G. Tefft Development Review Manager 100 South Myrtle Avenue Clearwater, FL 33758 -4748 Re: Authorized Agent DDR Southeast Clearwater Development, L.L.C. Clearwater, Florida Dear Robert: This letter serves as notice to the City of Clearwater from Developers Diversified Realty Corporation (DDRC), managing member of the above referenced properties, that Nicholas Sanfilippo is an authorized agent for DDRC. As such agent, he is authorized to sign for Permits, Zoning Requests, and Notices of Commencement. Do not hesitate to contact me at 216 - 755 -5500 if you have any questions or comments. Thank you for your cooperation. Sincerely, DIVERSIFIED REALTY CORPORATION Joh Seni r Vice President of Construction /jmd STATE OF OHIO ) COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public in and for said County and State, personally appeared known to me, acknowledges that the same is his/her free act and deed of said corporation. JoYtet 5a173tc* IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Beachwood, Ohio this Al it- day of kes t , 201• iteet ,n �lfl . 3 e-- Jec &Yt't M, Demlb* Not Public Notary Public. Maloof Ohio y My Commission elrpirea I rits.2012 Awarded b+ L County 3300 Enterprise Parkway/ Beachwood, OH 44122 / 216 755.5500! fax 216.755.1500 / www.ddr com