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DVA2011-04001; 2165 GULF TO BAY BLVD; LAKESIDE ENTERPRISESDVA2O1 1-0400 1 2165 GULF TO BAY BLVD Date Received: 4/29/2011 3:19:27 PM Lakeside Enterprises ZONING DISTRICT: Commercial LAND USE: Residential/Office /Retail ATLAS PAGE: 298B PLANNER OF RECORD: PLANNER: A. Scott Kurleman, Planner III CDB Meeting Date: Case Number: Agenda Item: Owners /Applicants: Representative: Address: July 19, 2011 DVA2011 -04001 (Related to FLD2011- 04018 /PLT2011- 04002) E. 1. (Related to D. 1.) Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP 2165 Gulf -to -Bay Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: ZONING DISTRICT: FUTURE LAND USE PLAN CATEGORY: PROPERTY USE: EXISTING SURROUNDING ZONING AND USES: South: Review of, and recommendation to the City Council, of an amendment to the Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4 -606. Commercial (C) Residential /Office /Retail (R/O/R) Current: Proposed: Vacant (former mobile home parks) Retail Sales and Services, Office, Automobile Service Station and Restaurant uses of up to 90,000 square feet of floor area (0.20 Floor Area Ratio) North: Commercial (C) District Retail Sales uses and Automobile Service Station Low Medium Density Residential (LMDR) District Detached Dwellings East: Commercial (C) and Office (0) Districts Retail Sales uses and Office uses West: Commercial (C), Medium Density Residential (MDR) and Low Medium Density Residential (LMDR) Districts Automobile Sales and Detached Dwellings ANALYSIS: Site Location and Existing Conditions: The 30.07 acres is located on the west side of S. Belcher Road between Gulf -to -Bay Boulevard and Druid Road. The subject property was previously developed with mobile home parks (all mobile homes and common facilities have been removed or demolished). The subject property has approximately 820 feet of frontage along Gulf -to -Bay Boulevard, approximately 1,225 feet of frontage along S. Belcher Road and approximately 1,301 feet of frontage along Druid Road. Properties to the north of the subject property across Gulf -to -Bay Boulevard are zoned Commercial (C) District and are developed with retail sales uses (Albertson's, vacant bank and a vacant K -Mart) and an automobile service station at the northwest corner of Gulf -to -Bay Community Development Board — July 19, 2011 DVA2011 -04001 — Page 1 of 4 Boulevard and S. Belcher Road. Properties to the east across S. Belcher Road are zoned Commercial (C) District and Office (0) District and are developed with the Publix shopping center, bank, funeral home and offices. Properties to the south across Druid Road are zoned Low Medium Density Residential (LMDR) District and are developed with detached dwellings. Properties to the west of the subject property are zoned Commercial (C) District, Medium Density Residential (MDR) District and Low Medium Density Residential (LMDR) District. The property adjacent to the west of the northern portion of the subject property is developed with an automobile sales dealership. Detached dwellings are adjacent to the west of the southern portion of the subject property. At its meeting of February 16, 2010, the Community Development Board (CDB) recommended that the City Council approve a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater. This Development Agreement (DVA2009- 00005), which was approved by the City Council at its meeting of March 18, 2010, allowed for the development of the northern portion of the subject property to be developed with a total of 82,999 square feet of commercial floor area (70,212 square feet of retail sales uses and 12,787 square feet of restaurant uses) and the southern portion of the subject property to be developed with 243 attached dwellings. Development Proposal: Prior to the approval of DVA2009 -00005 by the City Council, cases FLD2009 -12045 (southern parcel — residential) and FLD2009 -12046 (northern parcel — commercial) were approved. A new proposal has been submitted for the northern parcel (commercial), this is the companion Flexible Development application (FLD20011- 04018). This application proposes to develop the northern portion of the subject property with 40,000 square feet of retail sales and service use, 5,559 square feet of automobile service station use, 4,200 square feet of office use (bank) and 9,400 square feet of restaurant uses (total commercial floor area of 59,159 square feet). The southern portion of the subject property has been approved to be developed with 243 attached dwellings (FLD2009- 12045) and no changes are proposed to that site. This amended Development Agreement contains provisions for both the northern and southern portion. The Residential /Office /Retail (R/O /R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40. Based on the lot area (506,892 square feet; 11.637 acres) and the maximum FAR, the northern portion could be developed with a maximum of 202,756 square feet of nonresidential floor area. The Development Agreement proposes a maximum of 90,000 square feet of retail sales, office, automobile service station and restaurant development floor area at a FAR of 0.117. It is noted that the Development Agreement permits a larger amount of nonresidential floor area (90,000 square feet) than that actually proposed under the companion Flexible Development application (FLD2011- 04018; 59,159 square feet), which gives some flexibility for future amendments to the Flexible Development application without needing to amend the Development Agreement. Development Agreement: The purpose of this amendment is to establish new developable square footage for retail sales and services use, office use, automobile service station use and restaurant use. This proposed Community Development Board — July 19, 2011 DVA2011 -04001 — Page 2 of 4 amendment to the existing Development Agreement (recorded in O.R. Book 16874, Page 2344), does not change the duration limit of ten (10) years and includes the following main provisions: ❑ Amends Section 6.1.3.3 of the agreement to provide that Transportation Obligations related to the northern portion shall be completed prior to issuance of a certificated of occupancy for that portion and the Transportation Obligations related to the southern portion be completed prior to the issuance of a certificate of occupancy for that portion; ❑ Amends Section 4.2 of the agreement to change the number of parking spaces included on the northern portion to five (5) parking spaces per 1,000 square feet for retail sales and services, fifteen (15) parking spaces per 1,000 square feet of restaurant uses, four (4) parking spaces per 1,000 square feet of office use and five (5) parking spaces per 1,000 square feet of automobile service station use (based on a shared parking calculation) and allows cross parking among parcels; and ❑ Amends Section 3 of the agreement to reflect the new site plan for the northern portion (Parcel 1). The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 2, 2011, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 30.07 acres is located on the west side of S. Belcher Road between Gulf -to -Bay Boulevard and Druid Road; 2. That the land use plan category for the northern portion of the subject property is Residential /Office /Retail (R/O /R) category, and the zoning is Commercial (C) District; and the land use plan category the southern portion of the subject property is Residential Medium (RM) category, and the zoning is Medium Density Residential (MDR) District; 3. That the Residential /Office /Retail (R/O /R) land use plan category for the northern portion of the subject property permits a maximum floor area ratio (FAR) of 0.40; and 4. That the purpose of this amended Development Agreement is to restrict the development potential to less than the maximums allowable. Community Development Board — July 19, 2011 DVA2011 -04001 — Page 3 of 4 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 Agreement implements and formalizes the maximum requirements for the construction of on -site and off -site improvements under the related site plan proposal (FLD2011- 04018); 2. That the Development Agreement complies with the standards and criteria of Section 4 -606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Nickel Plate Properties, Inc. and Lakeside Enterprises, L.L.C. (the property owners) and the City of Clearwater as per Community Development Code Section 4 -606, for the property at 2165 Gulf -to -Bay Boulevard. Prepared by Planning and Development Department Staff: ATTACHMENTS: ❑ Development Agreement with Exhibits ❑ Location Map ❑ Aerial Map ❑ Land Use Plan Map ❑ Zoning Map A. Scott Kurleman, Planner III Community Development Board — July 19, 2011 DVA2011 -04001 — Page 4 of 4 A. Scott Kurleman 100 South Myrtle Avenue Clearwater, FL 33756 727 -562 -4553 scott .kurleman(a,myclearwater.com PROFESSIONAL EXPERIENCE • Planner III City of Clearwater, Clearwater, Florida August 2008 to Present Duties include performing the technical review and preparation of staff reports for various land development applications, assist public customers at the Zoning Counter, the organization of data and its display in order to track information and provide status reports and making presentations to various City Boards and Committees. • Planner II City of Clearwater, Clearwater, Florida June 2005 to August 2008 Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. Assist public customers at the Zoning Counter. Review Building Permits, Sign Permits, Business Tax Receipts, and Landscape Plans as well as Comprehensive Sign Program Applications. • Land Resource Specialist City of Clearwater, Clearwater, Florida June 1996 to June 2005 Coordinates with City Legal Department to initiate legal proceedings for non - compliance with City land resource regulations. Landscape re- inspection program. Plans and directs program to ensure that plant material installed per the approved landscape plan remains in a healthy growing condition in perpetuity and restores deficient landscaped with new plant material. Certificate of Occupancy Inspection. Perform inspections with contractors, owners, and City departments to monitor the installation of required landscape material per an approved site plan. Process tree permits ensuring that regulations governing the removal criteria are followed. Provide technical tree evaluations for structural defects, hazards, proper pruning, and identification for trees on public and private properties. • Account Manager Cherry Lake Farms, IMG Enterprise, Inc. Groveland, Florida June 1993 to June 1996 Supervised and managed existing territory accounts, while handling a strategic marketing plan. Planned and directed in -field inspection program for landscape architects, municipalities and private corporations. Prepared technical training modules for corporate employees and customers regarding arboricultural techniques related to trees. • Licensed Marketing Representative Allstate Insurance Company, Clearwater, Florida June 1991 to June 1993 Field inspections of insured structures. Policy service and account maintenance. • Store Manager William Natorp Company, Inc. Cincinnati Ohio June 1983 to June 1991 Managed a team of 20 sales people and sales associates in a landscape center. Responsible for teams of employees including but not limited to payroll, budgeting, sales, store and equipment maintenance, workplace safety, and advertising. Managed outdoor staff, merchandised and cared for all outdoor products. Responsible for all indoor staff and horticultural products. EDUCATION GRADUATE — Certificate: Community Development, UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA. Currently pursuing. BS in Sustainability Management, ST. PETERSBURG COLLEGE, FLORIDA. Currently pursuing. BA in Business Administration, ST. LEO UNIVERSITY, ST. LEO, FLORIDA. Graduated July, 2002 Cum Laude. Major: Management AA in Business Administration, ST. PETERSBURG COLLEGE, FLORIDA. Graduated 1998. Major: Management. AS in Ornamental Horticulture, OHIO STATE UNIVERSITY, WOOSTER, Graduated 1984 Cum Laude. Major: Horticulture Technology with emphasis in Arboriculture. ISA, International Society of Arboriculture, Certified Arborist, FL -0414 LEED Green Associate, Currently pursuing MOTIVATIONAL Mentor Award, December 2010 View looking W from S. Belcher Rd close to Gulf to Bay Blvd at subject property View looking SW from S. Belcher Rd close to Gulf to Bay Blvd at subject property View looking W from S. Belcher Rd at Druid Rd at subject property View looking NW from Druid Rd at the W side of the residential portion of the subject property with adjacent detached dwellings View looking W along Druid Rd from S. Belcher Rd (subject property on right; detached dwelling subdivision on left) View looking E along Druid Rd from W side of subject property (subject property on left; detached dwelling subdivision on right) 2165 Gulf to Bay Boulevard Case Numbers FLD2011- 04018/PLT2011 -04002 and DVA2011 -04001 Page 1 of 3 View looking N from intersection of Gulf to Bay Blvd and S. Belcher Rd at retail sales on NE corner View looking N at retail sales at 2170 Gulf to Bay Blvd. N of subject property View looking S at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property View looking NW from intersection of Gulf to Bay Blvd and S. Belcher Rd at automobile service station on NW corner View looking N at E side of adjacent automobile sales on Gulf to Bay Blvd W of commercial portion of subject property View looking S near southern terminus of Bamboo Lane N of residential portion of subject property 2165 Gulf to Bay Boulevard Case Numbers FLD2011- 04018/PLT2011 -04002 and DVA2011 -04001 Page 2 of 3 View looking S along S. Belcher Rd close to Gulf to Bay Blvd (Publix shopping center on left; subject property on right) View looking W from Publix shopping center at driveway intersection with traffic light on S. Belcher Rd View looking E at Publix shopping center on SE corner of Gulf to Bay Blvd and S. Belcher Rd E of subject property View looking S at bank at 655 S. Belcher Rd across from residential portion of subject property View looking E at offices at 715 S. Belcher Rd across from residential portion of subject property View looking N along S. Belcher Rd from Druid Rd (subject property on left; commercial uses on right) 2165 Gulf to Bay Boulevard Case Numbers FLD2011- 04018/PLT2011 -04002 and DVA2011 -04001 Page 3 of 3 F i ^ ^Y! f r ! f t LiVill (c ' iir L f r9 -114:--,72 !.„� A f` 3° r - :9 • ,'. ... --,it `,^"' 111 r I� III " .,._� 111 1/ -' # 3 r% • . +. 111". '- - = '�.UL'l=- " * 1 . drum ill. $a 1 •",,, i!l'r_ -L- Al L-':;? ` � 111 , 11<. I _" ` - . v �. 'r • I., s4� f. I• KN I 1l ill 1'r/liilbil,,„ ♦w >. 1 � .. _ =. . . -' . P _ - '. c " t L (..21 = -1 t?‘L141 r / 3 r ( , .�� `� ,.- : +" -twt w x1I' � ). "� r l r s . �yf e. d. ±1,y_ a. r ' rrr0 � 'A - (� iZ I; ( 'i 6 LA U L h it 1r .a 40 a e e.* r *fit !!�., ' �f t ti- JA. APL' r } i*;ii ' ti AERIAL MAP Owner: Nickel Plate Properties, Inc. and Lakeside Enterprises, LLC Case: PLT201 1 -04002 DVA201 1 -04001 Site: 2165 Gulf to Bay Boulevard Property Size: 30.07 acres PIN: 13- 29 -15- 00000 -410 -0100 13- 29 -15- 00000 -410 -0200 13- 29 -15- 00000 -410 -0300 Atlas Page: 298B PIN: 13-29-15-00000-410-0100 13-29-15-00000-410-0200 13-29-15-00000-410-0300 Site: 2165 Gulf to Bay Boulevard Owner: Nickel Plate Properties, Inc. and Lakeside Enterprises, LLC IZONING MAP 2 _2034 203'5 0.42 OGERS ST CA- - -' - NTER 2048 2045 046 L a �! v �o aol m� m' rol -�-� py�- �iyD -�y bfN - y 2081 w " tt 9' T sKR Uf[ -20�+ 205 Et - - 20,61 2061 °i I 2061 2060 2054 1f�lERC 6w a w W (4! "'i _ " 20 ,, ..m °°°6 A 81 `OI 055 Qp, 2070 Ris I[Irlri�Y 1 J 2065120661 2016712066( 2667 2066 C (1 -I N -I 8.' � O+ 0 2069120701 _2971L2070j 2071120701 n 20f7 2073120741_ 2075;2079 297512074{ y `O `O' m, ' d� of 2077 2078 200 L2078_. - 9 207: 9 C)ODL E` RD 2077 078 061 2083 067 9 X2098 2075 I j. 1 WI z0a7 2io1 - q o' o Co -A- rn` I. J 2109 12110 2109 2110 2117 X2118 2117 118 2I-- 2125 ■ 2126i 2125 12126 2133 21321 2133 12134 21(fl 21401 -21 f 1 2142 - -. 2149 2148 2149 2150 271 2157 ! . 21,7 -__ 42158 ,'2162 2105 12166 v A �� '�>,/ ??8% ‘7?.... \�� \'/2181 219 21941'1 2199 Co 2198 °° $ ', s0 CI o°o- -'s ',z. O 2081 08 208'. loss : 2085 ; 2086 20087 220861 -20$ ,,2L0-8-6 -. -. !. '. • • r u kn i r 8 6 a 2035 G idat1' R N zns CO nn 1 2100 N `� 2117 2119 2130 - 1 _ 1 -22094 79 T a 21 1' - * 2 : $ = • iii f i r r :. .....•r.......•.r....a «•...r •- ;.. ...r rr.._ r.......F,..r.. -.: -- —; 2143 2165 •K . .._r.. r. .. �„ • 2140 _ -S MAIN AVE : 8 1111 • 2170 ! 2198 I- -fa- -�- -o Atlas Page: 298B Property Size: 30.07 acres I Case: PLT20 1 1 -04002 DVA2011 -04001 S BELCHE? Rb 2226 w 2200 ' 1 �-...: . }. : • )' •! IINAkD Rllil DR -2210- 20 2210 92 zz,s zz,m2z1� .2226 222 222_ i 2234 22� 223 2242- 2 41 ` i 22406 1 250 nnnn_llllll O & $I'3T... 2250 - - r ST 2ND ST N N 2236 Not to Scale 1.12ND , )31 Not a Survey i 41 .• .,"".3 6 ro � b • Mili ° 1 r RAINBOW QlN t i. = '�7• 95, 7� p—I ✓!� pggyVy�� oa DRIVE VACANT RETAIL SALES B68 A, ' � N O �N N - _ 01 1— — —1 `6,0.55 J 3 Aim y-�•'- • � ' 491.:.• CDiy -,�• • -..-:-.:.--:-.1.. „N « Q ?. 3�J o `3 %D 3 w N 2O oil® r+"31i vMEOU » 6 » » » ,3? : w 921 S X 423' , 3 6,.^ 1 RETAIL S.U.ES 4 � y O m Z N CORNELL ST I YA I m 6 '�R ,. __ I r! i „ l�lZ J GUNN GL ” `661512 RET AIL AJ IL SALES / K N AUTO. SER STATION I F- • - ; , Y D '� BAY BLVD x V) is; _ BiI76, BLVD O ' .w,w O L_- - \I `I. I i I ' I LAJ — AUTOMOBILE SALES ,. 51$=� =r 110 1F4 0 r. N = $ O 00.x3 A�,., ” "° + 6 +s••-•-•• ►r6- •- •- •- •HV6a. ' � A A MiFinewift RETAIL SALES Nil v 525 BOB A. � h — _ W UI 0_- oil gp � ��rj�ijNW9 ' Dloe6)Ra DIVE N. ^ _ 01 00 DETAC i DWELLING iED — 1 —^ • i rr..- 53� 529 ... DWELLINGS —I— •......•. a6- a.•... a .ii...,,+a•..•-••••••.- BANK - - - eh ,... It Ivy E ' 1PO66 6•55.E , r'i I I x„ �I h+ L J N 6 AR DETACHED .:. 6, w "'n 4 [WI » ' FUNERAL I HOME 10.._- OFFICES 06,715 IP 8 - �� - ��. CON WOO Ol;OLE n n t, h �� B ��kk DRUID RD n n ' , DRUID Mall Mil E 6 w «N z »N ajSN :M 5Eigi 0 wo �Ft .. N« °° O 65 m .7 N « N a "sM. «N as N m 803 1' a :6 8 1 l., o 8x 2 e 8 14 «N wN q W I 1 �+ I n r. ,. a n _xl� DETACHED DWELLINGS :1 4 c N G -V 811 .NINW , OM8 OM U 6 m DWELLINGS DETACHED LI„- 6 . 815 I _ 8 " 6 �.^ w,N ,1� wN s� wN .� N .^ «N c�F «,,� „� �•, a— N 69Q1 r I, _ [ 1 �xo > �N O m N YN N rt.' n sl IA 9 • 0 CAD ^cV c`f O1 *NO o n ,y ^ M 7 a 9°5 •6' 6 '4 1 ryn ® AI � •16 rrr�� - -ME I BASCOM WAY EXISTING SURROUNDING USES MAP Owner: Nickel Plate Properties, Inc. and Lakeside Enterprises, LLC Case: PLT201 1 -04002 DVA201 1 -04001 Site: 2165 Gulf to Bay Boulevard Property Size: 30.07 acres PIN: 13-29-15-00000-410-0100 13-29-15-00000-410-0200 13- 29 -15- 00000 - 410 -0300 Atlas Page: 298B COMET AURORA HERCULES c D m z D r Lu 1.11 z w z STARCREST o -plop,— 2 e ,F. e o z a . -- _� WHITMAN ST Z DR z Dj CHAUCER — — CAMEWA«•i••••• CORNELL SHELLEY S s _ PROJECT SITE BLVD SR-SO GULF - TO-BAY BLVD BELCHER RD ROGERS r C--0 is ( )f i—, ri ruin Pa IX l 'r o � \ L '° �(y 611RU m I �� ^ l N DRUID CR CIR L IL SIIRJi6 1 r RD — _ — — _ _ — _ ` muu a c 4 a rr m a ix c c 3� —_ I• t CAMPUS .iAFFA PL CROYDON D o R o > ACADEMY KENMOORE BASCOM WAY a m I 1 O x ( I I j COLLEGE DR 0 w +n �I j > MAGNOLIA j DR z GROVEWOCD w RD w4 DR w` s § 0 z x m v RIPON DR Q I1LJR )- O v MI NNE OLA RD 0 ST UNIVERSITY DR S � DR �RNICE! .. ' LENMOOR RD REBECCA ��..s. — i.. . :I' v +" _ JF-� 1 U GLEPIAOOR DR SANDRA � •. :�, xBE CHE :. 3 C ENMOOR SJ �- ENM00R} e Y RD C DR LEES ; I (' 1 r--it :�'Y!4d'�Y CT C_H dRI FC RGIVF LOCATION MAP Owner: Nickel Plate Properties, Inc. and Lakeside Enterprises, LLC Case: PLT2011 -04002 DVA2011 -04001 Site: 2165 Gulf to Bay Boulevard Property Size: 30.07 acres PIN: 13- 29 -15- 00000 - 410 -0100 13- 29 -15- 00000 - 410 -0200 13- 29 -15- 00000 -410 -0300 Atlas Page: 298B Planning Department o 100 South Myrtle Avenue > . Clearwater, Florida 33756 Telephone: 727- 562 -4567 Fax: 727 - 562 -4865 O SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION D SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans O SUBMIT APPLICATION FEE $ CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4- 202.A) Nickel Plate Properties, Inc. APPLICANT NAME: 1414 West Swann, Suite 150, Tampa, FL 33606 MAILING ADDRESS: PHONE NUMBER: (813) 579 -2014 FAX NUMBER: (813) 835 -4197 edac!jpfirm.com CELL NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): Nickel Plate Properties, Inc., a Florida corporation AGENT NAME: (Must include ALL owners) T,akecidp Enterprises, L.L.C., a Florida limited liability many E. D. Armstrong III, Esquire, and Johnson, Popc, Bokor, Ruppcl & Burns, LLP MAILING ADDRESS: 911 Chestnut Street, Clearwater, FL 33756 PHONE NUMBER: (727) 461 -1818 FAX NUMBER: (727) 462 -0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 2165 Gulf -to -Bay Boulevard LEGAL DESCRIPTION: Spa Exhibit "A" attached, PARCEL NUMBER: 13- 29- 15- 00000-410-0100, 13- 29- 15- 00000 -410 -0200 & 13- 29 -15- 00000 -410 -0 PARCEL SIZE: 30.07 acres PROPOSED USE AND SIZE: (acres, square feet) 49,753 sq. ft. retail, 9,400 sq. ft. restaurant & 243 multi - (number of dwelling units, hotel rooms or square footage of nonresidential use) family DU DESCRIPTION OF ANY RELATED REQUEST(S): See FLD application for comprehensive infill redevelopment project and plat approva (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) application submitted simultanously with this application to amend development agt. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS .011 DR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES A NO (if yes, atta) y of the applicable documents) FLD2009 -12045 (Res. Infill) and FLD2009 -12046 pomp. Intiitl) Page 1 of 5 — Development Agreement Application — City of Clearwater See Exhibit "B" attached and proposed First Amendment to Develogrent Agreement. B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B) An application for approval of a development agreement shall be accompanied by the following (use separate sheets or indude in a formal report): O STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS ❑ DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; ❑ DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS; ❑ INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPMENT PROPOSAL WERE TO BE APPROVED; ❑ ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; O COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT PROPERTY AS CURRENTLY LISTED IN THE COUNTY RECORDS AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION. C. PROOF OF OWNERSHIP: (Section 4- 202.A) O SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4- 606.G) O Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. c. The duration of the development agreement, which shall not exceed ten years. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; tt e date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities ar d services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. Tt e development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of if e estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complete d prior to the issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the development. h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development cod Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public healt safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental requirements in existing codes or ordinances of the city. e. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not retie% the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof t commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of futu development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of tt developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t all successors in interest to the parties to the development agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications a specifically anticipated in the development agreement. i, 0 e e e e e Page 2 of 5 — Development Agreement Application — City of Clearwater E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ❑ : SIGNED AND SEALED SURVEY (including legal description of property) — One original and 12 copies; ❑ COPY OF RECORDED PLAT, as applicable; ❑ PRELIMINARY PLAT, as required; ❑ LOCATION MAP OF THE PROPERTY. ❑ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines.) ❑ GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) ❑ SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. ❑ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of dwelling units proposed; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ❑ REDUCED SITE PLAN to scale (8' /IX 11) and color rendering if possible; ❑ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stonnwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist ", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 3 of 5 — Development Agreement Application — City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) ❑ LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ❑ REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible); ❑ IRRIGATION PLAN (required for level two and three approval); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive lnfill Redevelopment Project or a Residential Infill Project. ❑ BUILDING ELEVATION DRAWINGS — all sides of all buildings including height dimensions, colors and materials; ❑ REDUCED BUILDING ELEVATIONS — four sides of building with colors and materials to scale (8%X 11) (black and white and color rendering, if possible) as required. I. SIGNAGE: (Division 19. SIGNS / Section 3 -1806) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8' /i X 11) (color), if submitting Comprehensive Sign Program application. J. TRAFFIC IMPACT STUDY: (Section 4- 801.C) ❑ Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4 -801 C of the Community Development Code for exceptions to this requirement. K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Signature of property owner or representative E. D. Armstrong III, Esquire E. STATE OF FLORIDA, COUNTY OF PINELLAS tom_ SW • Ii and subscribed beforeline this Ly ' ' —day of A.D. 20 to me and /or by D. Armstrong III , who is personally known kiax iftfifottigoc ary puu ic, My commission ex JAYNE E. SEARS i 7.4. Commission # DD 907040 a` Expires September 2, 2013 .;;;, W:` Bonded Thni Inoy Fain Insurance 800-385-7019 Page 4 of 5 — Development Agreement Application — City of Clearwater L AFFIDAVIT TO AUTHORIZE AGENT: Nickel Plate Properties, Inc., a Florida corporation (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following desalbed property (address or general location): Parcel No. 13- 29 -15- 00000 -410 -0100 2. That this property constitutes the property for which a request for a: (describe request) Application to attend development acresrnnt. and application for plat approval - E. D. 2rmstrong III, Esquire and 3. That the undersigned (hasTave) appointed and (does/do) appoint . -Johnson; Pope, Bokor, Ruppel & Burns, LIP, 911 Chestnut Street, Clearwater, FL 3375 as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That eke visits to the property are necessary by City representatives In order to process this application and the owner authorizes City representatives to visit and photograph the property described In this application; 6. That (Vwe). the.undersigned authority, hereby certify that the foregoing is tcie sndlco to corporation Property Owner %Party Owner STATE OF FLORIDA, President COUNTY OF PINELLAS In k./, a Florida Beforq the un inn r to of Florida, on this . Apr 11 , apveap4 SU A.41 Ingersoll* ghat he/she signed. • • n�:•' EXPIRES February 24. 2014 (407) 398 -0153 FloridallotaryService.com Deposes and says that he day of who having been first duly sworn Notary Public My Commission Expires: *as President of Nickel Plate Properties, Inc., a Florida corporation, on bEhalf of the cyxrporation S:IP.enn7ng DepartmenflAppficaUon Fonnaidevelopment ant agreoment appscatlon9.doc Page 5 of 5 — Development Agreement Application — City of Clearwater L AFFIDAVIT TO AUTHORIZE AGENT: Lakeside Enterprises, L.L.C., a Florida limited liability .canpany (Names of ail property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): Parcel Nos. 13- 29 -15- 00000 -410 -0200 and 13- 29 -15- 00000 - 410 -0300 2. That this property constitutes the property for which a request for a: (describe request) Application to attend d develognent agreement and application for plat approval E. D. l rlretx fit 1Cj III, Esquire and 3. That the and ed (has/have) appointed and (does/do) appoint JctrLscn,'ope, Halcor, Koppel & Burns,. LLP, 911 Chestnut Street,- Clearwater, Florid as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 8. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Lakeside En '. - , L• / //``' fifty / r P �.. Owner Property Owner •''F;'■_"r, B. In.- • , Manager STATE OF FLORIDA, COUNTY OF PINELLAS tarq me the undet2{O v+�f tt+�� on this of .ant Oyu appeared having been first duly swomy Ap8 Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. / *as Manager of Lakeside Enterprises, L.L.C., _ a Florida limited' liability company, on Notary Public My Commission Expires: behalf of thee.: caw: any a- RA sum £ fNWAN • a•: MY COMMISSION # p 0905551 ,. EXPIRES February 24. 2014 (407) 396.0153 FbridallotaryService.com &ins ring DepetimenilApplicalion Fo,msldeveiopment revievAdevWWxsent agreement application3.d c Page 5 of 5 — Development Agreement Application — City of Clearwater EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 That part of the NW 1/4 of the NE 1/4 of the SE 1/4 of Section 13, Township 29 South, Range 15 East, described as follows: Beginning at a point on the North boundary of said quarter section, located 475.6 feet along said boundary, from the Northwest corner of said NE 1/4 of SE 1/4 thence continuing East along said boundary, 195.07 feet more or less to the NE corner of NW 1/4 of NE 1/4 of SE 1/4; thence South along the East boundary of the NW 1/4 of NE 1/4 of SE 1/4, 667.98 feet, more or less to the Southeast corner of said NW 1/4 of NE 1/4 of SE 1/4; thence run West along the South boundary of said NW 1/4 of NE 1/4 of SE 1/4, 206.1 feet, more or less to the Southeast corner of a tract conveyed to C.D. Walker and Wife Grace F. Walker, by deed recorded in Deed Record 1016, Page 329, public records of Pinellas County, Florida and thence North along the East boundary of said Walker tract, 667.6 feet more or less to the Point of Beginning. Parcel 2 The Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) and the South one -half (S 1/2) of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 13, Township 29 South, Range 15 East, SUBJECT HOWEVER to the right of way of the public thoroughfare known as Gulf to Bay Boulevard over the North fifty (50) feet of said Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of Southeast quarter (SE 1/4) and the South fifty (50) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4) and the South fifty (50) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4) for right of way of Druid Road (County Road No. 28) and that part of said Northeast quarter (NE 1/4) of Southeast quarter (SE 1/4) described in O.R. Book 4564, Pages 154, 155 and 156, for right of way of Belcher Road (County Road No. 28), all lying and being in Pinellas County, Florida. EXHIBIT "B" TO DEVELOPMENT AGREEMENT APPLICATION Nickel Plate Properties, Inc. Lakeside Enterprises, L.L.C. 2165 Gulf -to -Bay Boulevard Section B.2 Development Agreements Supplemental Submittal Requirements: • Statement of the requested duration of the development agreement, which shall not exceed ten years. This is a proposed amendment to the existing Development Agreement, dated March 25, 2010, recorded in O.R. Book 16874, Page 2344, Public Records of Pinellas County, Florida ( "Development Agreement "). As stated in Section 5.3 of the Development Agreement, the duration is 10 years, and the proposed amendment does not change the duration. • Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities, solid waste and fire protection, as stated in Section 7 of the Development Agreement. • Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The approved uses stated in the Development Agreement are: Parcel 1: Up to 90,000 square feet of retail use with an F.A.R. not to exceed 0.20. Parcel 2: 243 multi - family residential dwelling units The proposed development of Parcel 1 has changed as described in the proposed amendment to the Development Agreement. • Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. Parcel 1 is currently zoned Commercial (C) with a land use plan designation of Residential /Office /Retail (R /O /R). Parcel 2 is currently zoned Medium Density Residential (MDR) with a land use plan designation of Residential Medium (RM). The proposed amendment of the Development Agreement does not require any zoning or land use changes. • Zoning and land use categories of all adjoining properties. • Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. This list will be provided upon request. #560002 v1 - Nickel Plate /Ex to DVA 2011 2 Zoning Land Use North (across Gulf -to- Bay) Commercial (C) Commercial General East (across Belcher) At the NE corner of Belcher and Druid Commercial (C) Office (0) Commercial General Residential /Office General South (across Druid Road) Low Medium Density Residential (LMDR) Residential Urban West (fronting on Gulf -to -Bay) Adjoining southerly 2 /3rds of property Commercial (C) Low Medium Density Residential (LMDR) Commercial General Residential Urban • Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. This list will be provided upon request. #560002 v1 - Nickel Plate /Ex to DVA 2011 2 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ( "Agreement ") is dated 2011, and entered into among NICKEL PLATE PROPERTIES, INC., a Florida corporation, and LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, their successors and assigns (collectively, "Developer "), and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ( "City "). RECITALS: WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ( "Act "), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4 -606 of the City of Clearwater Community Development Code ( "Code "), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, the Developer owns approximately 30.07 acres of real property located at 2165 Gulf -to -Bay Boulevard ( "Property ") in the corporate limits of the City, which is comprised of two parcels hereinafter referred to as "Parcel 1" and "Parcel 2" as more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, on March 25, 2010, the Developer and the City entered into that certain Development Agreement recorded in Official Record Book 16874, Page 2344, in the Public Records of Pinellas County, Florida, which Development Agreement is hereby incorporated by reference ( "Development Agreement "); and WHEREAS, the City previous granted a rezoning of the Parcel 1 property to Commercial ( "C ") and a land use plan amendment to Residential Office Retail ( "ROR "); and WHEREAS, the Community Development Board ( "CDB ") approved the Parcel 1 Plan as FLD2009 -12046 on February 16, 2010, both conditioned upon the approval and execution of the Development Agreement; and WHEREAS, Developer desires to amend the Parcel 1 Plan, as more specifically set forth herein; and WHEREAS, the CDB approved the Amended Parcel 1 Plan (Case No. FLD2011- 04008) on (the "Amended Parcel 1 Plan"), conditioned upon the approval and execution of the Development Agreement by the City Council; and WHEREAS, at a duly called and advertised meeting on , 2011, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, Developer has approved this Agreement and has authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act or the Development Agreement shall have the same meaning in this Agreement as in the Act or Development Agreement. SECTION 3. Amendment of Parcel 1 Plan. The City Council hereby approves the amendment of the Parcel 1 Plan to reflect the Amended Parcel 1 Plan attached hereto as Exhibit "B" and incorporated herein by reference. All references in the Development Agreement to the Parcel 1 Plan shall be amended to refer to the Amended Parcel 1 Plan. SECTION 4. Parking. Section 4.2 of the Development Agreement is hereby amended to change the number of parking spaces included on Parcel 1 to 5 parking spaces per 1,000 square feet for retail development (5 /1,000), 4 parking spaces per 1,000 square feet for office development (4/1,000), 5 parking spaces per 1,000 square feet for automobile service station development (5 /1,000) and 15 parking spaces per 1,000 square feet for restaurant development (15 /1,000). Nothing in this Agreement shall prevent the parties from agreeing to "cross- parking" among the outparcels. SECTION 5. Transportation Obligations. Section 6.1.3.3 of the Development Agreement is hereby amended to provide that the Transportation Obligations (as defined in the Development Agreement) related to Parcel 1 [§ 6.1.3.3 (i- viii)] shall be completed prior to the issuance of a certificate of occupancy for Parcel 1 and the Transportation Obligations related to Parcel 2 [§ 6.1.3.3 (ix)] shall be completed prior to the issuance of a certificate of occupancy for Parcel 2. 2 SECTION 6. Ratification. Except as specifically modified herein, all terms, conditions and obligations contained in the Development Agreement shall remain in full force and effect and are reaffirmed by the parties hereto. [Signature Pages and Exhibits to Follow] 3 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. WITNESSES: NICKEL PLATE PROPERTIES, INC., a Florida corporation By: Printed Name: Andrew B. Ingersoll President Printed Name: LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company By: Printed Name: Andrew B. Ingersoll Manager Printed Name: CITY OF CLEARWATER, FLORIDA By: Printed Name: William B. Horne II, City Manager Printed Name: Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall -Sides Assistant City Attorney 4 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this_day of Andrew B. Ingersoll, as President of NICKEL PLATE PROPERTIES, corporation, on behalf of the corporation. He is personally known to produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS ,2011, by INC., a Florida me or has Notary Public Print Name: The foregoing instrument was acknowledged before me this day of , 2011, by Andrew B. Ingersoll, as Manager of LAKESIDE ENTERPRISES, L.L.C., a Florida limited liability company, on behalf of the company. He is personally known to me or has produced as identification. Notary Public Print Name: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this _day of , 2011, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is personally known to me or who produced as identification. Exhibit A Exhibit B 045497.116337 #559612 Notary Public Print Name: Parcel 1 and Parcel 2 Description Amended Parcel 1 Plan 5 EXHIBIT "A" LEGAL DESCRIPTION: Parcel 1 That part of the NW 1/4 of the NE 1/4 of the SE 1/4 of Section 13, Township 29 South, Range 15 East, described as follows: Beginning at a point on the North boundary of said quarter section, located 475.6 feet along said boundary, from the Northwest corner of said NE 1/4 of SE 1/4 thence continuing East along said boundary, 195.07 feet more or less to the NE corner of NW 1/4 of NE 1/4 of SE 1/4; thence South along the East boundary of the NW 1/4 of NE 1/4 of SE 1/4, 667.98 feet, more or less to the Southeast corner of said NW 1/4 of NE 1/4 of SE 1/4; thence run West along the South boundary of said NW 1/4 of NE 1/4 of SE 1/4, 206.1 feet, more or less to the Southeast corner of a tract conveyed to C.D. Walker and Wife Grace F. Walker, by deed recorded in Deed Record 1016, Page 329, public records of Pinellas County, Florida and thence North along the East boundary of said Walker tract, 667.6 feet more or less to the Point of Beginning. Parcel 2 The Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) and the South one -half (S 1/2) of the Northeast quarter (NE 1/4) of the Southeast quarter (SE 1/4) of Section 13, Township 29 South, Range 15 East, SUBJECT HOWEVER to the right of way of the public thoroughfare known as Gulf to Bay Boulevard over the North fifty (50) feet of said Northeast quarter (NE 1/4) of the Northeast quarter (NE 1/4) of Southeast quarter (SE 1/4) and the South fifty (50) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4) and the South fifty (50) feet of said Northeast quarter (NE 1/4) of said Southeast quarter (SE 1/4) for right of way of Druid Road (County Road No. 28) and that part of said Northeast quarter (NE 1/4) of Southeast quarter (SE 1/4) described in O.R. Book 4564, Pages 154, 155 and 156, for right of way of Belcher Road (County Road No. 28), all lying and being in Pinellas County, Florida. EXHIBIT B Amended Parcel 1 Plan (attached) »ameenem\cen e<.w<neWn.a.n.- u11.n.e.a - .a. 10. 2011 • • TOP OF POLE , 2 PAVING GULF TO BAY BLVD. 24• WIE STOP BM E105016 BUS STOP (TO BE BEl.CA1E0) STOP LOCATION - FUTURE IaQIT -OF -WAY = CARON II0 0 FUEL PUMP &Arm O Ij �! 0 0 0 0 0 Il CiED BUILDING 15 BANK 4.200 SE COSTING BUS STOP SIGN POST - SEE DETAIL ON SHEET BELCHER ROAD 10 LANDSCAPE BUFFER ALONG VEST PROPERTY UNE ORGANIC DUMPSTER AREA DUMPSTER ENCLOSURE (10' HIGH CONCRETE BLOCK OR NORTH. SOUTH MD %EST) B' METAL RULING GATE BALE M0 PALLET STORAGE AREA CONCRETE PER 24' LIGHT POLE DETAIL NOT TO SCALE O 25 JO 100 1 8' LEGAL DESCRIPTION: A parcel of land being D portion of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE of the Northeast comer of the Northeast 1/4 of the Southeast 1/4 of Section 13, Township 29 South, Range 15 East, Pinellas County, Florida; thence SO0'09'08'E, along the East line of said Northeast 1/4 of the Southeast 1/4 of Section 13 (being the basis of bearings for this legal description), for 667.81 feet to the point of intersection with an Easterly extension of the West Right -of -Way line of BELCHER ROAD, according to Official Records Book 4564, Page 155 of the Public Records of Pinellas County, Florida; thence leaving said East line of the Northeast 1/4 of the Southeast 1/4 of Section 13, N8917'S1'W, along said Easterly extension of the West Right -of -Way line of BELCHER ROAD, and sold West Right -of -Way line of BELCHER ROAD, respectively, for 50.01 feet to the POINT OF BEGINNING; thence the following two courses along said West Right -of -Way line of BELCHER ROAD; (1) thence NOO'09'OB'W, along a line 50.00 feet West of and I feed (2) thence leaving said line 50.00 feet West 1/4 and( parallel with Southeast the 4E of East of lthe for Northes5t 1/4 of the Southeast 1/4 of Section 13, N4838'29'W, for 62.35 feet to the point of Intersection with the South Right -of -Way line of STATE ROAD 60, according to Florida Department of Transportation Right -of -Way Map 15040 -2501. dated February 23, 1960; thence leaving said West Right -of -Way line of BELCHER ROAD, NB9'22'20 -W, along said South Right -of -Way of STATE ROAD 60, same being a line 50.00 feet South of and parallel with the North line of sold Northeast 1/4 of the Southeast 1/4 of Section 13, for 770.94 feet to the point of Intersection with the East line of that certain property as described in Deed Book 1016, Page 329 of the Public Records of Pinellas County, Florida; thence leaving said South Right -of -Way line of STATE ROAD 60, S00'40'59'W, along said East line of that certain property as described in Deed Book 1016, Page 329, for 616.65 feet to the Southeost corner of said certain property as described In Deed Book 1016, ■ Page 329; thence 589'18'02'E, for 310.62 feet to the point of intersection with a non - tangent \'curve, concave Northerly, thence Easterly olong the arc of said curve, from a radial bearing of 532'15'51'W, having c radius of 65.50 feet, a central angle of 63'07'45', an arc length of 72.17 I' feet, and a chord bearing 58918'02'E for 68.57 feet to the point of Intersection with a non - tangent line; thence S8918'02'E, for 447.45 feet to the POINT OF BEGINNING. _ Containing 506,892 square feet or 11.637 acres, more or less. 11 14.0''5,, BUILDING 10 GROCERY S7CT / RETAIL 40,000 S.F. 101.3' 284' 24.0' D7' ,--- BUILDING 11 RESTAURANT I • 5.000 SF. O PHARMACY FICK -UP CANDOR + IL_I_Lclb'I_I L IiIIbil'ili x NOTE: 2 - 310.52 • ` - T2.1Y = l; • ' a • t1Y LANDSCAPE • IA MATCH LINE - SEE SHEET 19 b BUFFER MIS AREA - I1 TYPICAL PMIONG LOT 151113ISONS N BUILDING 10 PARCEL ME 25' MINIMUM FOR AISLE MOTH AND 15' X 9.5' MINIMUM FOR NON- HNOICAP PARKING SPACES. TYPICAL PAWING LOT 0BIERS1065 FOR ALL OTHER PARCELS ME 2( MINIMUM FOR VISE WIDTH AND 1e' X 9' MINIMUM FOR MC -HANOI 44 PARKING SPACES LEGEND 1 5wa19718 Curb Two I Curb ▪ Light Polo Location - - TIM Stop 0 - Pmkhg Stall Count Pointed Mond Markings -1\ • ■_ • ■ ■ • I! 217 9TE TRIANGLE. TYPICAL SITE DATA TABLE EXISTING REQUIRED PROPOSED(6o) LAIR USE PLEA.' eon - RDR ZONING DISTRICT - C USE FORMER MOBILE - COMMERCNL HOME PARK (102 MOBILE HOME UNITS N IBIS AREA) LOT AREA 11.837 IF D.230 AC (MIR) 11.037 AC 506,692 10,000 SF (MIN) 506,692 SF LOT WIDTH 3820' 100' 3820' BALDING AREA (TOTAL) - 1.358 AC 59,159 SF - (40.000 SF OCTAL SALES) (5.559 SF AUTOMOBILE SERVICE STATION) (4 .200 SF OFFICE [8041)) (9,400 SF RESTAURANT) FLOOR AREA M710 IMPERMEABLE susrpcE AREA (SF MID X OF TOTAL) SETBACKS (BJRDRLS) FRONT (NORTH) FROM (MT) SIDE (SOUTH) SEE NEST) sumacs (anER STRUCTURES) FRONT (NORTH) FRONT (EAST) SIDE (SOUTH) SIDE (REST) NOON 0.40 0.117 3170 AC (27.2915) 655 (MAY) 6.609 AD (75.225) 135,335 SF 386,332 SF 25' 25' 819' 25' 25' 75.3' 10' 10' 909' 10' 10' 25' 25' 10' 10' PAVED VEHICULAR USE AREAS (VIN) 1.125 AC 48,997 SF PACING LOT INTERIOR LMDSCIPNG N/A (SF NE X OF PAVED VEHICULAR USE AREA) N/A 25' 25.3' 25' 25.5' 10' 2' 10' 20' 25' (MAR) 35.0' - 72 3.0004,991 AC SF 105 (Mel) OF VUA 1.439 AO (20.6X) 62.700 SF FORME TOTAL N/A 386(•) 409 HANDCAR PRELUDED N TOTAL NUMBER) 0/A 6 21 (a) . BASED ON 90X OF 5/1000 SF RETAIL 15/1000 SF FOR RESTAURANTS AND 4/1000 SF FOR OFFICE/BANK. (')) o MER COB APPROVAL THE P SITE 9 NA E PLAN ME SJECT 70 SECTION 4-406 FOR MINOR AND IOR PARIG LOT IN1C50R LANDSCAPING REPRESENTED BY MIMED MEAS 1E DUMPSTER LOCATION (NOTE SEE CITY INDEX #701 ON SHEET 0)m NOTE ALL SOEWAUTS ME A WARN OF 5' N MOTH. M 41.1/17 KAMM 7K MORK 01, COM. Snip" KM MN RAH mom. 71O7 IMMO, 1.A rums am ma moms RAN Avnw°ao T4 s 61S er.4r. EM EM FLORIDA DESIGN CONSULTANTS, INC ENGINEERS. ENVIRONMENTALISTS, SURVEYORS 8 PLANNERS 3030 S)orkey OI a. Ner Perl Ricney 81-4113-3V158 Tel. (727) 645.7568 - Fay. (727) E.B. No. 7421 PREPARED FOR, LAKESIDE ENTERPRISES, LLC 2165 GULF TO BAY BLVD. 02 CLEARWATER. FLORIDA 33765 PHONE, (727) 644 -7886 SHEET DESCRIPTION. LAKESIDE AT CLEARWATER REVISED SITE PLAN LEGAL DESCRIPTION AND SITE DATA TABLE 6/6/2011 REVISE PER OTY OF CLEARWATER COMMENTS 2009 -07 329 ..r IA 4 -23 -2011 13 X ES