DVA2011-10001; 2750 SUNSET POINT RD; AVIATION ENGINEERING CONSULTANTS � _
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2750 SUNSET POINT RD
Date Received: 10/13/2011 1 :35:25 PM
Aviation Engineering Consultants
ZONING DISTRICT: Institutional
LAND USE: Institutional
ATLAS PAGE: 255A
PLANNER OF RECORD: CL
PLANNER: Cate Lee, Planner III
CDB Meetin�: December 20, 2011
Case Number: DVA2011-10001
Applicant: AEC Aviation En ing eerin� Consultants) Sunset Point, LLC
Address: 2750 and 2754 Sunset Point Road
A�enda Item: F.5 Related to F.3 and F.4�
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION
Request: Review of a Development Agreement between AEC Sunset
Point LLC (the property owner) and the City of Clearwater
as per Community Development Code Section 4-606.
Current/Proposed Zoning Current: Institutional (I)
Districts: Proposed: Industrial, Research and Technology (IRT)
Current/Proposed Future Current: Institutional (I)
Land Use Map Categories: Proposed: Industrial Limited (IL)
Property Use: Current: Manufacturing
Proposed: Manufacturing
Existing Surroundin� North: Tnstitiitinnal (Tl
Zoning and Uses: Independent living facility, assisted
living faciliry and nursing home
South: Institutional (I) � �
Places of worship
East: Single Family Residential (R-2) (County),
Office (0) and Institutional (I)
Single family homes, offices and
phone utility facility
West: Preservation (P), Mobile Home Park (MHP),
Commercial Parkway (CP-1} (County), and
Commercial (C)
Preservation lands, offices, mobile
homes, boat and travel trailer sales
and self-storage
Community Development Board—December 20,2011
DVA2011-10001 —Page 1 of 5
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ANALYSIS:
Site Location and Existing Conditions:
This case involves the northeastern portion of 2750 and 2754 Sunset Point Road, totaling 6.571
acres of a 19.42 acre property, owned by AEC Sunset Point LLC. The property is comprised of
two parcels and currently contains the AEC business on the northeastern parcel and a portion of
the southern parcel. The remainder of the southern parcel (12.84 acres) is Preservation land.
Development Proposals:
A request to amend the Future Land Use Map designation of the property from Institutional (I)to
Industrial Limited (IL) is being processed concurrently with this case. In addition, a request for
rezoning of the property from Institutional (I) to Industrial, Research and Technology (IRT) is
also being processed concurrently with this case.
Development Agreement Request:
The proposed Development Agreement limits the use and development of the subject site to a
total of 130,000 square feet (FAR of 0.45) of manufacturing space for a period of 20 years,
whereas 186,051 square feet of development (FAR of 0.65) could be allowed. The Agreement
sets forth public and private obligations and requires redevelopment of the site to be consistent
with the following requirements:
1. Is not effective until final approval and effectiveness of the Future Land Use Map and
Zoning Atlas amendments under LUP2011-09003 and REZ2011-09006;
2. Sets out the Developer's transportation obligations, including the submittal of a traffic
impact study (TIS) and implementation of study recommendations;
s. rronieiis certain uses through a Kestrictive Covenant, to be recorded in the Ufticial
Records of Pinellas County;
4. Limits the building height to a maximum of 35 feet;
5. Requires the Preservation area to be protected through an executed perpetual
Conservation Easement, to be recorded in the Official Records of Pinellas County;
6. Requires the property to be developed in conformance with the concept plan submitted as
Exhibit B, including a 25 foot setback from structures to the adjacent single family
residential properties to the east and a 25 foot vegetative buffer from the Preservation
zoned land to the west.
Additionally, the Development Agreement obligates the City to comply with the following:
1. Concurrently process the Future Land Use Map amendment under LUP2011-09003 and
Zoning Atlas amendment under REZ2011-09006;
2. Pending a jurisdictional wetland survey submitted by the Developer, obligates the City to
use the administrative adjustment procedure to adjust the Preservation line, providing it is
Community Development Board—December 20,2011
DVA2011-10001 —Page 2 of 5
in accord with the Community Development Code and Pinellas Planning Council
Countywide Rules.
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: [Section 4-606.F]
Recommended Findings of Fact:
Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not
supportive of the proposed amendments include:
Policy A.22.4 Industrial land uses shall be located along arterial or major collector streets, with
rail access if possible. Siting and operation of industrial land uses should not create adverse off-
site impacts,particularly as these off-site impacts may degrade residential areas.
Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the
density and intensity standards and other standards contained in the Pinellas Planning Council
Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan
classifications and categories, use and locational characteristics, map delineations, other
standards, and special rules.
Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprised
of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to
development and land use decisions while protecting those elements that make the city uniquely
Clearwater.
Policy A.5.1.7 Identify Neighborhood Character Features: natural or manmade elements that
give neighborhoods their distinct personalities.
Policy A.6.1.6 Land use decisions in Clearwater shall support the expansion of economic
opportunity, the creation of jobs and training opportunities as well a�the maintenance of existing
industries through establishment of enterprise zones, activity centers and redevelopment areas
and by coordination with the Chamber of Commerce, Tourist Development Council and other
economic development organizations and agencies.
Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan
approval process shall be utilized in promoting infill development andJor planned developments
that are compatible.
Among the adjacent properties on the north side of Sunset Point Road, the majority are
residential (or residential equivalent) or preservation uses. This includes 19 residential properties
to the east, the Regency Oaks Independent Living, Assisted Living and Nursing Home property
to the north and the Preservation land to the west. Together, these account for 85 percent of the
perimeter boundary, the remainder of which are offices and a phone utility facility. Although the
existing manufacturing use has been taking place at the site for some time, the proposed
development agreement would permit the expansion of the development at a scale 12 times the
current size.
Community Development Board—December 20,2011
DVA2011-10001 —Page 3 of 5
West of the wetland that borders the subject site, the Citywide Design Structure (Map #A-14)
designates the area of Sunset Point Road adjacent to U.S. 19 as a multi-neighborhood shopping
center. To the east of the site across Soule Road, the map designates the Sylvan Abbey cemetery
as a neighborhood character feature. While Map #B-6, Road Network, identifies Sunset Point
Road as a minor collector, this location is not an enterprise zone, activity center or designated
redevelopment corridor overlay on the Citywide Design Structure map.
Recommended Conclusions of Law:
The proposed expansion of the current nonconforming manufacturing use of the site is not
consistent with any of the surrounding land uses. The Development Agreement indicates that 195
parking spots will be provided. The applicant has pledged to provide 355 jobs. At this time, the
applicant and his representatives have not indicated hours of operation. It appears multiple shifts
may be necessary to accommodate future full employment.
The proposed Development Agreement limits the impact, should the future land use
classification and zoning district be amended, as it prohibits 30 of the 34 allowable uses in the
Industrial, Research and Technology (IRT) district. The proposal to limit, by Restrictive
Covenants, a plurality of allowable uses contained in the Industrial, Research and Technology
(IRT) category suggests inherent incompatibilities.
SUMMARY AND RECOMMENDATION:
The Development Review Committee (DRC) reviewed the application and supporting materials
at its meeting of December 1, 2011, and deemed the development proposal to be legally
sufficient to move forward to the CDB, based upon the following:
r indin�s oi r aci:
1. That the 6.571-acre site is located on the north side of Sunset Point Road approximately 477
feet west of Soule Road;
' 2. That there is a companion application to amend the Future Land Use Map designation for the
� subject property from Institutional (I) to the Industrial Limited (IL) classification (LUP20ll-
09003), and to rezone the property from Institutional (I) district to the Industrial, Research
and Technology (IRT) district (REZ2011-09006);
3. That the purpose of this Development Agreement is to restrict the development potential on
the property to less than the maximums allowable and limit the allowable uses of the
property to manufacturing, offices, outdoor retail sales, display and/or storage, and research
and technology use;
4. That a 25 foot setback will be provided to the residential properties to the east and a 25 foot
vegetative buffer will be provided to the Preservation and Water/Drainage Feature land to the
west;
5. That the proposed agreement endures for 20 years;
6. That the proposed use of the property is not compatible with the surrounding area;
7. That the property is situated between a wetland to the west and residential and low intensity
office uses to the east;
8. That the operational characteristics, based on the proposed parking and projected number of
employees, will require the need for multiple shifts.
Community Development Board—December 20,2011
DVA2011-10001 —Page 4 of 5
f
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 does not comply with the standards and criteria of Section
4-606 of the Community Development Code;
2. That the Development Agreement is inconsistent with and the Visions, Goals, Objectives and
Policies of the Comprehensive Plan.
Based upon the above, the Planning and Development Department recommends the DENIAL of
a Development Agreement between Aviation Engineering Consultants Sunset Point LLC (the
property owner) and the City of Clearwater as per Community Development Code Section 4-
606, for the property at 2750 and 2754 Sunset Point Road.
Prepared by Planning and Development Department Staff:
..\ ���^ , � , ��,-
„ v��
Catherine Lee, Planner III
ATTACHMENTS:
❑ Development Agreement with Exhibits
O Staff Resume
❑ Location Map
❑ Aerial Map
❑ Future Land Use Map
❑ Zoning Map
❑ Existing Surrounding Uses Map
❑ Site Photographs
S:IPlanning DeparhnentlC D BlDevelopment Agreements(DVA)ISunset Point Rd 2750 and 2754 Aviatron Engineerrng Consullant�LLC
DVA2011-]0001-(I)2011.12-CLIStaffReportlDVA2011-10001 StaffReport.docx
Community Development Board—December 20,2011
DVA2011-10001 —Page 5 of 5
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Catherine Lee, LEED Green Associate
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4557
catherine.lee cr,myclearwater.com
PROFESSIONAL EXPERIENCE
• Planner III,Long Range Division October 2010 to Present
• Planner II,Long Range Division November 2008 to October 2010
City of Clearwater, Clearwater, Florida
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Code by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Coordinate and manage various projects.
• Planner I and Planner II,Development Review Division
City of Clearwater, Clearwater, Florida March to October 2008
Provided information to the public concerning the City's Community Development Code, Clearwater
Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed
building plans for compliance with the Community Development Code. Presented Flexible Standard
Development applications before the Development Review Committee.
• Research Assistant
Geography Departrnent, Brigharn Young University, Provo, Utah Septernber 2007 to January 2008
Contributed research on various land use and planning issues, including locally unwanted land uses
and their roles in the American West for Dr. Richard H. Jackson,AICP.
• Teaching Assistant
Geography Departrnent, Brigharn Young University, Provo, Utah January 2007 to Decernber 2007
Explained Ncr�h�:merican land u.se patterns and cor.cepts to students, including planning history and - �
current practices. Graded student writing and exams, providing feedback for improvement and
clarification of planning concepts.
• Planning Intern
City of Port Angeles, Port Angeles, Washington May to August 2007
Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research
related to intergovernmental cooperation, comprehensive plan amendments, and code changes.
Presented research findings to the Planning Commission.
EDUCATION
Bachelor of Science in Urban,Rural and Environmental Planning,Brigham Young University, 2007
ASSOCIATION MEMBERSHIP
• American Planning Association
• LEED Green Associate
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Plsnning DepartrneM CASE#:
` Clearwater ,���Myrtle Avenue DATE RECEIVED:
Clearwater,Fio�ida 33756 RECEIVED BY(staif initials):
_ Telephone:727-5G2-4567 ATLAS PAGE#:
Fax:727-662-4665 ZONING DISTRICT:
LAND USE CLASSIFICATION:
❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ZONING 8�LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
O SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION indudinp folded site plans NORTH:
S011TH:
❑ SUBMIT APPLICATION FEE$ WEST:
EAST:
DEVELOPMENT AGREEMENT APPLICATIQN
����
PLEASE TYPE OR PRINT�
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION:(Section 4 202.A)
Ap�icnNTwonn�: AEC SUNSET POINT, LLC
nnA�uNC no��ss: 2159 McMul l en Booth Road, Cl earwater, �E;33759-1418
PHONE NUMBER: ��2�� 7Z3-1332 FAX NUMBER: �I�A
CELLNUMBER: N�A EMAILADDRESS: N�A
PROPERTYOWNER(S): ��C;;SUNSET POINT, LLC
(Mtust induae n�t owners)
AGENT NAME: w���7 dill J. Ki mp�do�Esqui re
605 Palm::�l vd„ Sui te B, Dunedi n, Fl 34698
MAIUNG ADDRESS:
PHONE NUMBER: �727� 733-75�� FAX NUMBER: �727� 733—�511
B. PROPOSED DEVELOPMENT INFORIIAATION:
srnEer���ss: 2750 and 2754 Sunset Poi nt Road
LEGAL DESCRIPTION: SPp attar_hprl FYhj hj t �-1
PnRCE�NUMeER: 05/29/16/25622//000/0010 and 05/29/16/25622/000/00�0
PARCEL SIZE: F+-�71 acre nr 286,219 s�uare feet
(acres,square teet)
PROPOSED USE AND SIZE: T nriu ctri a l I i mi tprl 1�(1�nnn �AuarP fPPt'
(number of dwelling units,hotel rooms or squer�e footage of nonresideMial use)
Refer to 1 and� '�e and 1 i mi ted use 1 i st
DESCRIPTION OF ANY RELATED REQUEST(S):
Refer to wri tten �resaor�se-Exhi bi t F
(approval of a devebpmendndude all requested code deviatlons;e.g.reduction in required number of parking spaces,specific use,etc.)
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS(TDR),A PR��VIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT,OR A PREVIOUSLY APPROVED(CERTIFIED)SITE PLAN1 YES _ NO `X (H y�es,attach a oopy ot the applicable
documeMs)
Page 1 of 5—Deve�opment Agreement Application—City of Clearwater
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B.2 DEVELOPMEkT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUiREMENTS:(Section 4-606.B)
An applicatlon for approval of a developmern apreemer�t ahall be axompanied by the faliowing(use aeparate sheels or indude in a formal report):
Q� 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;
� NTENSII'IES AND HE GHTS• DESiREpee respo Se DUOCUIIIenLD,INCLUDING POPUTATION DENSITIES AND BUILDING
J
� INDENTIFICATION OF ZONING DISTRICT CHANGES,CADE AMENDMENTS THAT WILL BE REQUIRED IF THE PROP�SED DEVELOPME
PROP05ALWERETOBEAPPROVED; See response document
p� ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES;
� COMPLETE NAMES AND ADDRESSES OF ALL OWNERS OR PROPERTIES ABUTTING OR LYING WITHIN 200 FEET OF THE SUBJECT
PROPERTY A3 CURREMIY LISTED IN THE COUNTY RECORD3 AS OF ONE WEEK PRIOR TO THE FILING OF AN APPLICATION.
C. PROOF OF OWNERSHIP:(Section 4 202.A) See 2 Narranty Deeds - Exhi bi t E
� SUBMIT A COPY OF THE TiTLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION
D. WRITTEN SUBMI?TAL REQUIREMENTS:(Section 4-606.Gj
(x Provide the fottowing contents to the developmer�t agreement,as tollows: See attached Exhi bi ts`A,B, C
Contents.The approved development agreement shall contain,at a minimum,the following irNortnation:
a. A legal description of the land subject to the developme�t agreement.
b. The names of all persons having legal or equitable ownership of the land.
c. The duration af the devebpmenY agreement,which shali no�t excesd ten years.
d. TF�e developmerrt uses proposed for the land,induding population densities,building intensides and building height.
e. A description of tl�e pubfic facilities and services that will serve the deveiopment,induding who shall provide sudi public facilities and servfoes;
date any new public facilities and servic�es.if needed,wNl be oonstnx:ted:who shall b�r the e�ense ot oonstruction of any new public faWlities a
services: and a schedule to assure that the public facilities and senrioes are avaGable concurrerd with tt�e impads of the developrtrent. T
developmerrt agreement shall provide for a cashiers chedc,a paymeM and performanoe bond or letter of credit in fhe amount of 115 peroent of
estimated cost of the public faplities and servioes,to be deposfted wifh the city to secure constrw�ion ot any r�ew pubtic faalities and servi s
required to be construded by the development agreement The developmerrt agreemerrt shall provide that such construdion shail be co
prior to the issuance of any cert(flcate of o�upancy,
f. A desaiption of any reservation or dedication of land for public purposes.
g. A desaiptlon of all local developmeM approvals approved or needed to be approved for the development.
h. A finding that the development approvals as proposed is consistent with the comprehens(ve plan and the community development
Additionatly,e finding that the requiremerrts for concurrency as set forth in Artide 4 Oivision 10 of these regulatlons have been satisfied.
i. A descrlpdon of arty conditlons,terms,restricdons or ottier requfr�ements determined to be necessary by tlie city commission for the public
sahetY ar wetfere of the cfizens of tl�e Cily of Clearmrater. Such condidons, terms, restrictlona w other requirements may be supptemernai �
requirements in existing cod�or ordinences of the city.
j. A statement indicating ttiat the faiture of the development agreement to address a particular pe�mit,conditlon,term or restrictiun shall not reli
the developer of the neoassity of oomPlying with the law goveming said pertnitting requirements,aondiGons,tertns or reatric�ions.
k. The development agreemeM may provide, in the dtscredon of the City Commission, thai the entire development or any phase thereo{
commenced or be completed within a speaflc period of time.The developmerrt agreemer►t may provide for liqufdated damages,ttie denial of futu
deveiopment approvals, the terminatlon of the development agreement, or the withholding of certificates o{occupancy tor y�e fapure of
developer to comply with any such deadline.
1. A statement that the burdens of the development agreemerrt shall be binding upon,and the benefiffi of the development agreemeM shalt inure ,
ali successors in lnterest to the parties to the devebpment agreemerK.
m. All development agreemerrts shall specifically state that subsequer�tly adopted ordinances and codes of the aty which are of general application
not goveming the devetopmeM of land shell be appNcable to the lands subject to the development agreement,and that such madifications a
speafically anUcipated i�the development agreemerrt.
Page 2 of 5-Development Agreement Application-City of Clesrwater
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E. SLiPPLEIIAEHTAL 3UBAAITTAL REQUIREINENTS: (Section 4202.A)
� SIGNED AND SEALED SURVEY(Induding legal descxiption of property)—One origlnal and 12 copt�s;
� COPY OF RECORDED PLAT,as applicable; N/A - area f10t pl atted
Q PRELIMINARY PLAT,as required; N/A
f� LOCATION MAP OF THE PROPERTY. Se@ survey - Exhi bi t D-2
O TREE SURVEY (induding exisGng t�ees on site and within 25'of the adJacent site,by spedes,size(DBH 4"or greater),and location,
induding drip lines.) Upon fi nal si te pl an
O GRADING PLAN,es e�,i�csnie; Upon fi nal si te pl an
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) NOTE #1
* Q SITE PLAN with the folbwing infortnation(not to exc�eed 24"x 36•�: The Pl anni ng Department has
_ AH dimensions; determi ned that submi ttal of requi ped
North arrow;
Engineeditg bar scsle(minimum scale one inch equels 50 feet),and date �rea• detai 1 ed engi neered s�i te pl an
_ Locadon map; aaa� �e submi tted subsequent tm 1 and use
_ Index sheet referencing individuaJ sheets induded(n padcage; and zoni ng approval and the concept pl an
Footprint and size of all buildings and structures;
_ ,vi����a�r�; draft Development Agreement and Restric-
� � — a�ez�n��,a���a���,�e�; ti ve Covenants wi 11 control .
_ wi reyu�red S�nc atar,��;
_ Identlfication of emironmentally unique areas,such as wateroourses,weUands,tree masses,and specimen
trees,includ'mg description and Ixation of understory,ground oover vegetation and wildiife habitats,etc;
_, Location of all pubNc and private easements;
_ Location of atl street r9ghtsof-way within and ad)acent to the site;
_ LocaGon of exisUng public and private utilities,induding fire hydrants,atorm and sanitary sewer lines,manholes arxi lift stations,gas
and water iines;
_ All perking spaces,driveways,loadir►g areas and vehicular uee areas;
_ Depiction by shading or crosshatching of all required parking lot iMerior landscaped areas;
_ Location of all refuse collecUon fadlitles and all required screening(min. 10'x12'dear space);
_ LoCabon of all landscape material;
_ Location of all onsite and offsfte storm�uvater menagemerrt facilitles;
_ Location of all outdoor lighting fodutes;and
_ Location of all ebsting and proposed sidewalks.
❑ SRE DATA TABLE for e�asting,required,and proposed developmer►t,in writteNtabular fortn: Sge NOt@ �1 above
_, Land area in square feet and acres;
_ Number of dwelling units proposed;
_ Gross floor area devoted to each use; �
_ Parking spaoes:total number,preserrted in tabutar form with the number of required spaces;
` Totei paved area,induding all paved parking spaces and driveways,expressed in square feet and percentage of the paved vehicular area;
_ Size and speaes of all landscape materiat;
_ Oflicial rec:ords book and page rwmbers of all existing uUlity easement;
_ Building and stnuture heights
_ Impemreable surface ratio(I.S.R.);and
_ Floor area ratio(FA.R.)Tor all ra�residential uses.
❑ REDUCED SITE PLAN to scale(8'r5 X 11)and color rendedng if possible; See Note #1 above
O FOR DEVELOPMENTS OVER ONE ACRE,provide the tolbwing additional iMormation on site plan: See NOt@ �1 above
__,_ One-foot contours or spot eievations on site;
_ Offsite elevations'rf required to evaluate the proposed stamwater management tor the parcel;
_ All open space areas;
_ LocaBon of a11 esrth or water retaining walis and earth bertns;
_ Lot lines and building lines(dimensioned);
_ Streets and drives(dimensioned);
_ Building and struch�ral setbadcs(dimensioned);
_ Strudural overt�angs;
_ Tree Inventory;prepared by a"certified arborist',of all trees 8"DBH or greater,reflecting size,canopy(drip li�es)and condition of such trees.
* Planning Department has permitted deferral of site plan ;�pending land use and
zoning approval. Concept Plan (Exhibit B) is submitted as document to site
location and .se�hack �ntensity. �
Page 3 of 5—Development Agreement Application—City of Clearwater
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS:(Section 4-11Q2.A)
O LANDSCAPE PLAN: See NOte �,�!.above
_ All existing ancf proposed strudures;
_ Names of abtrtting streets;
_ Drainage and retention areas including awales,side slopes and bottom elevations;
_ Delineation and dimensions of all required perimeter landscape buf(ers;
_, Sight yisibiiity triangles;
_ Delineation and dimensions of aii parking areas induding landscaping islands and curbing;
` Proposed and required parking spaces;
_ Existing trees on-site and immediately adjacent to the site,by speaes,size and locations,inGuding dripline;
_ Location,size,description,specifications and quantities of ali ebsting and proposed landscape materials,induding botanical and
oommon names;
_ Typipl 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 devebpmerrt approval(e.g.canditions imposed by the Community Developmerrt Board);
_ Irrigation notes.
❑ REDUCED LANDSCAPE PLAN to scale(8'/:X 11)(calor rendering if possible); See Note �1 above
❑ IRRIGATION PLAN(required for level two and three approvai); See Note �'1 above
❑ COMPREHENSIVE LANDSCAPE PROGRAM application,as appliqble. SEe NOte �1 above
H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS:(Section 4-202.A.23) SeeNote #1 above
Required in the even!the application indudes a development where design standards are in issue(e.g.Touris!and Downtown Districtsj or as part
of a Comprehensive IMilt Redevelopmerd Project or a Residentiai Infill Project.
❑ BUILDING ELEVATION DRAWINGS—all sides of ali buildings including hefght dimensions,colors and materials;
O REDUCED BUILDING ELEVATIONS—four sides of building with colors and materials to scale (6'�X 11)(bladc and white aod oolor rendering,if
possible)as required.
I. SIGNAGE:(Division 19.SIGNS/Section 3-t806) Exi sti ng sl gn wl l l be retai ned
❑ Comprehensive Sign Program application,as appiicable(separate applicat'an and fee required).
❑ Reduced signage proposal(8%X 11) (color),if submitting Comprehensive Sign Progrem application.
J. TRAFFIC IMPACT STUDY:(Section 4801.C) See Note �1;�aboYe
Q indude as required if proposed development will degrade the acceptable level of seMce for any roadway as adopted in the Comprehensive Pian.
Trip generation shall be based on the most recent edition of the Institute of Transportation Englneer's Trip General Manual. f2efer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
K. SIGNATURE:
I,the undersigned, aclmowledge that all represer�tations made in this STATE OF FLORIDA,COUNTY OF PINELLAS
application are true and accurate to the best of my knowledge and Swom o ��an�d�su bscribed before me this ���t day of
authorize City representatives to visit and photograph the property �' O�f A.D. 20 to me andlor by
described in his appliqtion. ,; ; ' , N,ho js
� personaily known �
C �
/ _ - �
Signaturoe of propet#y owner or representative Notary blic,
Wi 11 i am J. Ki mpton, Representati ve ""y CO ���►:r'�. JAYNE L.IAWTON
'� �:= Commission#EE 056839
r��: Expires March 10,2d15
��p,����. BardedThruTmyFifnNwrmcel00�985�7019
Page 4 of 5—Development Agreement Appiication—City of Cleanaater
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EXHIBIT A
PARCEL 1:
A PART OF LOT l, THE ELKS, ACCORDING TO THE MAP OR PLAT THERE OF AS
RECORDED IN PLAT BOOK 95, PAGE 90 OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID SOUTHWEST
CORNER BEING THE POINT OF BEGINNING, RUN THENCE N 00°32'06" E, ALONG
THE WEST BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA,
A DISTANCE OF 975.85 FEET; THENCE S 89°44'22" E, 435.92 FEET; THENCE S 00°18'16"
W, 276.77 FEET; THENCE S 89°41'44" E, 370.57 FEET; THENCE ALONG A CURVE TO
THE RIGHT HAVING A RA.DNS OF 580.00 FEET, DELTA ANGLE OF 03°23'14", A
CHORD OF 34.28 FEET AND A CHORD BEARING OF S 16°22'25" E; THENCE S 89°41'44"
E, 134.73 FEET; THENCE S 00°18'16" W, 205.93 FEET; THENCE N 89°41'44" W, 27.84
FEET; THENCE S 06°38'S4" E, 182.54 FEET; THENCE S 20°59'08" W, 21.39 FEET;
THENCE S 06°38'24" E, 63.85 FEET; THENCE N 89°27'24" W, 112.29 FEET; THENCE S
00°32'36" W, 200.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
SiJNSET POINT ROAD, A.K.A. STATE ROAD #588; THENCE N 89°27'24" W, ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE, 836.31 FEET TO THE POINT OF
BEGINNING. CONTAINING 757,691.4 SQ/FT OR 17.4 ACRES MORE OR LESS.
PARCEL 2:
LOT 2, THE ELKS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED IN PLAT BOOK 95, PAGE 90, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
87,891.9 SQ/FT OR 2.018 ACRES
CONCEPT PtAlv AREA and BUFFER AREA - Total of 19.418 acres
1
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P ��F� � INSTITUTIONAL sec. os, TWN. 295. RNG. 16 E. �
`°"''"� P �µ�� +��»� WSTITUTIONAL .�«�� �,,�•p -��f.�,.y- INSTITUTIQNAL PINELLAS couNTr, FLORIDA ��
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SITE DATA � � t�'
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Futur�uwouaei-wsrirurwrw..wov-rrwsEnv�non .. ������� Ll
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IN9TiUT10W�L• o.671AC. Oft Yl0,21i9Q.FT. R���� �
esruM�orosroEV�.nrMenrcnNOmoNS 130,UOU SOFT. 1W0 STORY • �y� @a f ci
IRT UM17F�AqEA e 7gy,p1Y84 FT.OR B.Sl1 u'YEGEUAIE BINFfR FAOY M q �,,; Z
FLOOR�APEA MT10 =ui4p,0�090pSU.FT.Oti W .BS PAkSFAVA710N 2piEU TAtD
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PARWNG � � PqOPOSED 25'BUfFFA MEA W �rcn Z
TOTAL REGUUtED=tYfi SPACES�1.5:1000 SF OF/a ,��`� OFFSET FROy 7ME q[$IDfH11AL � y x n ¢
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$g PRESERVATION: 12.841 AC. OR 559,364 SQ.FT. - . . . rxvs-our roa+wu ¢ _
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� �� CURVfi DATA TABLE
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PRESERVATION � +��� INSTITUTIONAL � 6����41�`l,...r,.
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W �� W
'�i° �—`— PROJECT I/O.
�� SUNSET POlNT ROAD (F) ���� 09007
f�xw surr�a�y.ui�w rnwn'cwo au vnnc Na.
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RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this
LLC. 2159 McMullen Booth Road, Ciearwater, Floraida 337—� 2012 b
4wner". 59, hereinafter efer ed to ast�Point,
the
WHEREAS, the Owner is the fee simpie title holder of th
Sunset Point Road, City of Clearwater, in the Count of P Property i°cated on 2750 and 2754
Exhibit A (legal description), attached to and made a art �nellas, Florida, as described as
P hereof, and
WHEREAS, the�Owner has received an approved land u
(I) to Industrial Light (IL) and a rezoning from Institutiona Se p�an amendment from Institutiona
Technology (�RT,) from the City of Clearwater, Florida h� ��� to Industrial, Research, and I
allow for the expansion of the current use, which will be S�reinafter referred to as "the Cit ," to
as described as Exhibit A. tuated on the property of the Owner
WHEREAS, to proteGt neighboring residential districts fr
and Technology uses of the property now and in the fut�e �nlimited Industrial, Research,
covenant be executed and recorded , the City Wi�� require a restrictive
by the owner, and
Now THEREFORE, as part of the consideration for the
rezoning, the Owner hereby makes and declares the fol o�w� �and use amendment and
shall run with the title to said Property and be bindin on
interest. The following Industrial R �restrictive covenants which
9 the Owner and its successors in
are prohibited by these covenants,esearch, and Technolo
9Y (IRT) and Industrial Limited uses
1. Accessory pwe11in9S * perPetual
2. Government Uses.
3. Indoor Recreation/Entertainment.
4. Outdoor Recreation/Entertainment
5• Parks and Recreation Facilities.
6. Publishing and Printing.
7. Restaurant, accessory drive-in.
8. Restaurants.
9. Self Storage.
10. TV/Radio Studios.
'I 1. Vehicle Service.
12• Wholesale Distribution/V1/arehouse Facility.
13. Automobile Service Stations.
14. Major Vehicle Service.
15. Parking Lots (Other Than Accessory to the Prima
16. Pubiic facilities. ry Use).
17. Public Transportation Facilities.
18. Residential Shelters.
19. Retail Sales and Service.
�X���t� G
20. Utility/Infrastructure Facilities
21. Vehicle Sales/Dispiays and Major Vehicle Displays/Displays.
22. Veterinary Offices or Animal Grooming.
23. Adult Uses.
24. Night Clubs.
25. Overnight Accommodations.
26. Salvage Yards.
27. Social Public Service Agencies.
28. Telecommunication Towers.
29. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Pinellas
County, Florida, and shall pay any and all expenses associated with their filings and
recording.
IN ADDITION THE OWNER FURTHER RESTRICTS THE SUBJECT PROPERTY AS
FOLLOWS:
1. No buildings will exceed two stories in height.
2. That a 25 ft setback be maintained on the East property line from the abutting residential
development.
IN WITNESS WHEREOF, the Owner has read these Restrictive Covenants and have hereto
affixed their signatures.
OWNER
AEC SUNSET POINT, LLC, a Florida
Limited liability company
BY: Aviation Engineering Consultants, Inc.,
A Florida corporation, Member
By:
Kamran Rouhani, President
WITNESSES:
Printed Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF PINELLAS
SWORN TO and subscribed before me this day of November, 2011, by KAMRAN
ROUHANI, as President of AVIATION ENGINEERING CONSULTANTS, INC., Member of
AEC SUNSET POINT, LLC, a Florida limited liability company, ( ) who is personally known
to me, or ( ) who has produced his driver's license . Such person(s) (Notary
Public must check applicable box):
[ ) is/are personally known to me.
( ] produced a current driver licensees).
[ j produced as identification.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed, typed or stamped name of NP)
Commission No: My Commission Expires:
LEGAL DESCRIPTION OF PARCEL TO BE REZONED:
A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, ACCORDING TO THE MAP
OR PLAT THERE OF AS RECORDED 1N PLAT BOOK 95, PAGE 90 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, RUN THENCE N
00°32'06" E, ALONG THE WEST BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS
COiTNTY, FLORIDA, A DISTANCE OF 975.85 FEET; THENCE S 89°44'22" E, 109.22 FEET
TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE
CONTINUE S 89°44'22" E, 326.70 FEET; THENCE CONTINUE S 89°44'22" E, 300.13 FEET;
THENCE S 00°18'16" W, 199.86 FEET; THENCE S 89°41'44" E, 85.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
WITH RADNS 30.00 FEET, CHORD S 34°13'47" W, 49.79 FEET, CENTRAL ANGLE
111°08'36" FOR A DISTANCE OF 58.19 FEET; THENCE ALONG THE ARC OF A CURVE �
CONCAVE TO THE WEST, RADNS 580.00 FEET, CHORD S 19°57'29" E, 38.19 FEET,
CENTRAL ANGLE 3°46'24" FOR A DISTANCE OF 38.20 FEET; THENCE ALONG THE
ARC OF A CURVE CONCAVE TO THE WEST, RADIUS OF 580.00 FEET, CHORD S
16°22'25" E, 34.28 FEET, CENTRAL ANGLE 3°23' 14" FOR A DISTANCE OF 34.28 FEET;
THENCE S 89°41'44" E, 134.73 FEET; THENCE S 00°18'16" W, 205.93 FEET; THENCE N
89°41'44" W, 27.84 FEET; THENCE S 06°38'S4" E, 182.54 FEET; THENCE S 20°59'08" W,
21.39 FEET; THENCE S 06°38'24" E, 63.85 FEET; THENCE N 89°27'24" W, 112.29 FEET;
THENCE N 89°27'24" W, 56.35 FEET; THENCE N 16°42'35" W, 138.26 FEET; THENCE N
33°29'48" W, 86.84 FEET; THENCE N 38°12'19" W, 95.01 FEET; THENCE N 40°27'11" W,
139.45 FEET; THENCE N 46°11'23" W, 161.28 FEET; THENCE N 44°43'S5" W, 148.13
FEET; THENCE N 48°12'31" W, 157.25 FEET; THENCE N 49°41'43"W, 116.67 FEET
TO THE POINT OF BEGINNING, ENCOMPASSING 6.5707 ACRES (286219 SQUARE
FEET) MORE OR LESS.
Concept Plan Area - 6.571 acres
EXHIBI�' D -- .�
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, I#: 2006019178 BK: 14877 PG: 1097, O1/18/2006 at 10:44 AM, RECORDING 3 PAGES
$27.00 D DOC STAMP COLLECTION $0.70 KEN BURICE, CI,ERK OF COURT PINELLAS
COUNTY, FL BY DEPUTY CLERK: CLImM02
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pransrad bv aad itaturn to: �
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of the Couaty of Pinellas State of Florida, „
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of the County of Pinellae, State of Flort�a, `, �� `, �
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NiTNS88lTS that said graator, for �d ��, consi�ration of the sum
of TEN AND 00/100 DOLLARS, ,and`, other _�g�iod and valuable
consideratione to said Grantor,Yn' haqd• as.drby ssid Grantee, the
receipt whereof is hereby ackabw�e ed� �s granted, bargained aad
sold to the said grantee, an��grap�ee�s ire and assigns forever
the following described lauid, �itt}ate, ly�ng and being in Piaellas
County, Florida, to-wit:,',' � � ,
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S8E ATT$���I$IT "A" FOR COMPLETB
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subject,�o $areemente;,;restrictions aad reeexvations of reeord.
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�aid Gra`nt�Qr`does hereby fully wanant the title to said land, and '
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IN iFITNiBS iPSiMO�, Grantor has hereunto set Grantor�s hand and
seal the day and year first a.bove written. �
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• PIN£LI.AS COIJNTY FL OFf'. REC. BK 14877 PG 1098
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the foregoing instrument and acknowl�d��befdr�e �d�e that she
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1tITl�s88 my haad aad official s,e��l �i.�i��th�_C6�aity and State last
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. A part of Lot i,Ti1E ELKS,accordMg to the map ur Mat tlrereoF as recorded in PIaQ tieolc 95;Pac�s 90,�of
U�e Publk Records of Pineqas County,Norida,be�ig mor+e pa�tkularh dpscribed as,folbws; ��, --
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Comrrierice at the Southwest oorn�of sald Lot i,sald Saithuvest corner being the PeMt ofpe(jir��ing,
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1/4 of SecUon S,Tov�ip'29 SaRh,Range iG East,pineNas Gxmtyt Fbrtda,a dist�noe of 975.85 feet;
thenae South 89°49'22'Eas�435�2 fee�;thence South 00°i8']6".IMMest,276.77 feet; tlience,outh 89°
41'44"Easi,370.57 feet;thenoe abng a wrve to the right having a rad�iys,of 5�t:0�feet, deRa angle of
3°23'14",a chord of 34.28 feet and a chord bear�g of SouW�11�•�2'25'"Eas�,'thence Soutl�89°41'44"
East, 134.73 feet;thente South 00° 18'16'West,205.93 feet;�tben�e Nor3h`8A°41'44"West,27.89 feet;
tF�ence Soutl�06°38'S4"East, 182.54 feet; thence Soulfr.20°5�!'i��Nestz 21.39 feet;thence South U6�
38'24"Eas�63.85 feet;the�me North 89°27'24"West, li2.�9 fee�thence South 00°32'36"West,
200.00 feet tn a PoMt on the Northerly rlyht-of�nra��de of S,tiR�e��Pbint Road,aka State Road 588;
dtence Nort1t 89°27'24"West,along sald No�prly tight-o�v�a�pne 836.31 feet to ihe Point of
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. IM:.2006019179 BK: 14877 PG: 1100, O1/18/2006 at 10:44 AM, RECORDING 2 PAGE3
$1B.50 D DOC STAMP COLLECTION $0.70 KEN BURKE, CLERK OF COURT PINELLAS
COUNTY, FL BY DEPUTY CLERK: CLImM02
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Pr�oar�d bv aad R�tura to, I
D�VID it. G1INPSIt. 11tto�av at Laa .'�
7419 U.S. H�,vy. 19 �, �
New Port Richev, FL 34652-1240 '� �,
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�VZ7ITION lliCiIlfslkl11�0 C01I8IIL?�11T8. IliC.. 11 lLOAIDII CORPOIt11Ti0li, ;]KS <���` �
�TOx* whose Poet office address is: Z�S q mc m�i�e-rJ �o�OTf} Qpp�
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of the County of Pinellas State of Florida, ,�
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11iC SQNS�T POIf1T. LLC. 11 LII[I'PSD LIIIDILITY Q01��1�7F,��1,5 `dlt7�'!'i�*
whose Poat Office address is: Z 159 m�,,,��tjt�r�,9.�,� 2p,�
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of the County of Pinellas, State of Flatfd�, '. `� �, �
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1PI�88=TS that eaid graator, for �d "��. consid��ation of the sum
of TSN AND 00/100 DOLLARS, ,�aad'. other_,cj¢od and valuable
considerations to said Graator,�ri ha�d• sid_by said Grantee, the
receipt whereof is hereby acka�v�e ed;��s granted, bargaiaed and
sold to the eaid grantee, an��gra��ee�e Y�ire and assigns forever
the following described la�sid, s�i`tyate, lying and being in Pinellas
County, Florida, to-wit:,'.' � �
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Lot 2, TfiE ELRS S1J8��f8fON, �� recorded in Plat Book
95, Page 90, Pub�ic��cords of Pinellas County, Florida.
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Subject�o �asements;,;reetrictions and reservatione of record.
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Supjeet_to`x�xes and assesameats for the year 2005 aad
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*"Grantor" and ^Grantee^ are used for eingular or plural, ae the
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IN 1PI7'l�fiSS 1Pt�R�Ol, Grantor has hereunto set Grantor�s hand and
seal the day and year first above written.
EXHIBIT E-� �
. PINELLAS COUNTY FL OFF. REC. BK 14B77 PG 1101
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' Signed, eealed and delivered aV211T20N !�(ilDissRING
coxsvr.rnrrrs, =xc.
in the pree nce of: �
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executed the same. I relied upon, the �o� ow3�r�g fo� of
identification of the above name8perao��tth�,[qyi`, �;�bQ,�/�
and that an oath was taken. � � ; �
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RESPOSE TO STAFF QUESTIONS
AND OWNER SUMMARY OF PROJECTS FEATURES AND
BENEFITS
Request for Changes of Land Use from INSTITUTIONAL to INDUSTRIAL LIGHT (IL) and Zoning
Designation from INSTITUTIONAL to INDUSTRIAL, RESEARCH AND TECHNOLOGY (IRT) for a parcel
held by Aviation Engineering Consultants, Inc., located at 2750 and 2754 Sunset Pointe Road: LUZ2009-1205
Unique Conditions of Land Use Rezoning Request
The proposed land use plan change and rezoning will accommodate the expansion of an existing business
located and licensed in the City on land that has been owned by the applicant for the past seven years. The
action requested provides a format for resolution of a land use and zoning conformity issue to which the City of
Clearwater and the applicant are parties at interest. For seven years the owner applicant has occupied the subject
property with the research and production uses currently being pursued. The city has allowed such occupancy
and provided business licenses and accepted fees and taxes for this avionics research facility that employs 50+
employees at an average salary of$65,000.
Expansion enhances existing employment area, tax base and jobs:
The expansion of a manufacturing and research oriented facility in this specific area of the City to accommodate
a facility for 355 employees with average salaries above $45,000 will contribute to the City's economic base by
creating jobs and diversifying the local economy(Average$16,000,000 to $20,000,000 payroll). This is in
essence an"Economic Gardening" exercise in which the City does not have to extend a fiscal or incentive effort
to attract a quality high tech business; it just needs to nurture the$50,000,000 investment expansion of an
existing company with a proven record as a good business partner and good neighbor. While reviewing the
following responses to staff comments keep in mind this is not a new development or use but an allowance of
business expansion by bringing land use and zoning into conformity with a parcel that has functioned as a
research aviation technology company for the last seven years.
Located in mixed-use commerciaUinstitutional US 19 quadrant:
We would draw attention to conditions of the surrounding area which is predominantly a commercial and
institutional area on the Northwest quadrant of US 19 and Sunset Point Road intersection. The surrounding
intensities of the Sylvan Abby complex north and south of Sunset Point and the 5 story scale of the ACLF north
of the subject site with intense Commercial and Highway activity to the West make for a transition area setting.
The area is in both the city and county and while some would raise the "Spot Zoning" question this area is a
hodgepodge of uses and the small residential area to the east is in fact the dissimilar use. The owner will
maintain an abutting preservation area to the west in excess of 12 acres and will continue to improve storm-
water management to enhance water quality of the jurisdictional area. Located at east side of the entry to the
subject site, in the institutional zoning, is a large-scale Verizon communications structure which sets the tone
for a transitional research and fabrication campus developed by AEC.
Existing Institutional zoning allows Levell & Leve12 flex use policy:
Flexible uses which can be established in the existing zone anticipate unique redevelopment
requirements, and while not the substance of this request (since a clean LUZ action is clear and
preferable) contain policy provisions supportive of this action:
Level Two allows a category called—Comprehensive Infill Redevelopment Project—defined as an innovative
use of land which it does not conform to typical land-use categories or development forms and involves a use or
EXt�IBIT �
mix of uses, designed and located in a special or innovative form with special functions or a character which are
beneficial to a particular part of the city of Clearwater or the citizens of the city of Clearwater as a whole.
Uniquely the criteria for deciding such projects includes under Criteria 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:
5-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;
5-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;
The applicability of these policies is argued because the existing uses comparable to the future uses are
currently located on the subject property in the underlying Institutional Zone. Which establishes two of the key
flexibility criteria 3 "the development or redevelopment will not impede normal and orderly development and
improvement of the surrounding properties" and flexibility criteria 4 " adjoining properties will not suffer
substantial detriment as a result of the proposed development". We include the preceding because we feel the
cities comp plan and rezoning were approved with recognition of built out character of the city requiring some
creative policy application to allow for the economy and nonresidential sites, as the subject site, to redevelop
and expand.
The proposed Industrial,Research and Technology(IRT)zoning:
The Clearwater Community Development Code, Section 2-1301, describes the intent and purpose of the
Industrial, Research, and Technology (IRT) zoning:
"The intent and purpose of the Industrial, Research and Technology "IRT" District is to establish areas for
economic development and to provide the citizens of the City of Clearwater with high quality jobs without
adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the
City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City
of Clearwater."
The preliminary and final site plan will address all issues:
The preliminary site plan,which will be pursued given the requests are granted, utilize the least of the two
potential land uses, Industrial Limited.
The applicant will so limit the use list voluntarily by restrictive covenant.
The preliminary site plan is in accordance with current thresholds for maximum potential development, and
only utilizes seventy-six percent (76%) of the allowable development potential.
Additional Bullet Points (Not required responses)
A. The applicant recognizes that the development of this site will require full adherence to the City's
infrastructure and vertical site plan review requirements.
B. This development will have minimal impact to public facilities, utilities, traffic, and the surrounding
properties, and it will not impede the normal and orderly development or improvements of the surrounding
properties and their uses.
C. The wetlands and surface water located on the property will be managed by the standards as set by the
Florida Department of Environmental Protection, the Southwest Florida Water Management District, and
the City of Clearwater's standards.
D. The currently proposed master plan for the property meets all of the minimum standards of the Community
Development Code (CDC), and none of the thresholds for development will ever be exceeded.
E. A development agreement will be utilized to resolve any fears of the more intense industrial uses moving
onto the property in the probable future, and to guarantee the continuance of the utilization of buffering and
protection measures to eliminate impacts to the surrounding properties.
• F: The granting of the requested rezoning and land use applications will allow for intelligent development that
will provide a diversified neighborhood, local jobs, attention to and protection of a natural resource, and
minimal impacts to the surrounding property owners.
G. The current use that has existed on the property for the past seven years already provides high quality jobs,
and the rezoning will allow for the future development and expansion of the property. The future
development of this property, combined with the guidance and direction of the City, will allow for the
creation of additional high quality jobs in the City of Clearwater.
MAP INSERT—Show a Land Use and Zoning Map of the Area
RESPONDING TO 1/24/2011 DRC-STAFF COMMENTS
Zoning District: I
Presenter: Cate Lee, Planner II
Location: 7.103 acres located on the north side of Sunset Point Road approximately 477 feet west of Soule
Road.
Proposed Use: Manufacturing
Request:
Case number: LUZ2009-12005 -- 2750 SL7NSET POINT RD
Atlas Page: 255A
1. Planning Condition
The signed and sealed survey dated 12/8/2009 notes the "Preservation line calculated from land use map
line", but the survey shows the preservation line further west than shown on the Pinellas Planning
Council Future Land Use Map. (What land use map was used to calculate the preservation line?) PPC
requires the submittal of a jurisdictional wetlands survey in order to shift the preservation line. Submit a
jurisdictional wetland survey to confirm the preservation line shown on signed and sealed survey dated
12/8/2009.
Applicant Response
The applicant through his surveyor utilized the GIS graphic of the Pinellas Planning Council. There is
recognition that a jurisdictional wetland survey to confirm the preservation line shown on signed and sealed
survey is needed and will be performed. While we are not asking for any modification to the jurisdiction area it
is our responsibility to establish the line.
2. Planning Condition
Drawing No. C-3 " Preliminary Site Plan" is not under review as part of this submittal package and as
such cannot be used as supporting documentation for this LUZ application.
Applicant Response
Agreed.
Drawing No. C-3 " Preliminary Site Plan" has not been reviewed; however, the following observations
are readily apparent:
CDC Section 3- 1409.A requires a 25 foot vegetative buffer from preservation be zoned land. Portions of
the parking lot on the west side of the property do not provide the required buffer.
. GDC Section 3-1409 requires seven handicap parking spots when 201-300 spaces are required (201 are
required in this scenario). Only for handicapped parking spots are shown on the plenary site plan.
Aqplicant Resuonse
The applicant acknowledges that a final, fully engineered site plan is required for this project to move forward
to final permit. And the applicant has commenced preparation to be part of future submittals. The concept plan
while General is adequate for land use and zoning discussions.
The applicant recognizes the need for the required a 25 foot vegetative buffer and anticipates the final site plan
developed post-establishment of the jurisdictional boundary will include the required buffer area. To the extent
the buffer impacts proposed parking appropriate modifications will be made to the site plan.
The additional handicapped parking will be provided as required. Note: concept plan shows 195 spaces which
are six less than staffs estimate of 201 spaces. Final site plan can resolve provision of adequate handicapped and
final space count. Given the slope of the property it is possible that some parking can be placed under a
proposed structure or modification to the drainage area could yield additional parking.
3. Planning Condition
Per Pinellas Planning Council Countywide Plan Rules 2.3.3.6.1 Industrial Limited,locational
characteristics include lands of sufficient size to encourge an industrial park arrangement, as well as
integrated industriaUmixed-use projects. The current submittal package does not meet this criteria as
this is an isolated industrial use contiguous to office and residential uses. Please provide justification
related to the PPC locational requirement.
Applicant Resqonse
The applicant is aware of the PPC rules and finds them appropriate for the establishment of a large industrial
park configuration which can handle multiple users and often supports accessory uses with significant intensity.
This subject request for this user is not compatible with inclusion in a major industrial park environment. Major
contract activity for this company is in military and space related research which requires security systems and
site controlled conditions not supported well in a large industrial park. The unique edge conditions defined
above with predominately institutional preservation and communications and neighbors makes this site
significantly more secure. The residential edge is no different than a residential edge abutting an employment
district in any part of the county.
The above comment only addresses part of the location characteristics from the PPC policy. Note underlined
below:
Locational Characteristics - This category is generally appropriate to locations with sufficient size to encourage
an industrial park arrangement, as well as integrated industrial/mixed-use projects, with provision for internal
service access in locations suitable for light industrial use with minimal adverse impact on adjoining uses; and
served by the arterial and thoroughfare highway network, as well as mass transit.
The word"generally appropriate"is used to recognize that some unique conditions could occur, and in Pinellas
County which is entirely built out, employment sites can be established where appropriate and the subject
property has been operating for seven years as a research and light industrial facility. The subject site will have
internal service access with minimal impact on adjoining uses, it is served by an arterial roadway and there is
available transit to the US 19 corridor area.
Industrial Uses Adjacent to Residential Cate ories - An appropriate buffer, as determined by the local
jurisdiction ....... shall be provided in and between the Industrial Limited category and an adjoining Residential
classification.
The property as shown on the concept plan will establish a considerable buffer 25 feet adjacent to all residential
areas. Said buffer is in the control of the local jurisdiction which in this case is the City of Clearwater.
4. Planning CondiNon
Per CDC 4-602.F.2, the available uses to which the property may be put must be appropriate to the
property in question and compatible with existing and planned uses in the area. Currently, contiguous
uses consist of preservation, office, detached dwelling, and assisted living facility. CDC Article 2,Division
13 outlines the Industrial, Research, and Technology District and lists appropriate uses. Office is the only
use listed in the IRT District that matches one of the contiguous land uses. Thus the remaining
contiguous land uses are incompatible.
Applicant Response
The applicant will prepare a restrictive covenant document to limit the character of uses from the expanded list
of the IRT district. Contiguity on the subject site must be reviewed relative to the distance of the entire
perimeter of the subject parcel below each edge is described for clarification:
A. The entire western boundary in excess of 1,000 linear feet is contiguous to a 12.84 acre preservation
area owned by the applicant
B. South of the southern boundary on and contiguous to the access road to Sunset point is a major utility
facility controlled by Verizon communications it consists of 312 feet of parcel common boundary edge.
The Verizon facility is decidedly industrial in nature.
C. Proceeding north from the Verizon use on the southern boundary in office facility exists and is
contiguous and compatible as stated.
D. Moving north and east from the office area is approximately 750 feet of isolated residential use in a
major concentration of institutional use. The concept plan presents a 25 foot buffer along the edge
between the residential and parking areas which in turn will keep any structures considerably further
distance from the residential properties. The subject condition is not unique but exists throughout
Clearwater and the county where a residential activity particularly in an arterial roadway area transitions
from the nonresidential use to the residential use. Subject residential areas are accessed from Souel Road
and generally have sidelined orientations to the subject property. The Robbinswood units have more
contiguity to the Regency Oaks ACLF which has a five-story structures and considerable parking.
E. The entire northern boundary abuts an intensive institutional use mentioned above the Regency Oaks
care facility which provides intensive adult care and with it substantial visitation and traffic on not a
business but 24 hour schedule often accompanied with emergency vehicle arrivals and departures.
In summary the incompatible conclusion reached in the staff comments are generic and not responsive to the
actual conditions on the subject site a simple aerial photograph review will show that a site with some 2951.2
feet of perimeter)has only 750 of boundary with a residential use. 75%of site boundary is non residential. The
AEC use has occupied, as neighbor the adjacent area, for the last seven years. The city has real and constructive
knowledge of the use they have allowed on the subject site and it is of the same character that will continue in
the future.
5. Planning Condition
Per CDC Sections 4-602.F.5 and 4-603.F.4, more information is needed to determine whether sufficient
pubGc facilities exist to serve the property. Provide a written statement outlining the current uses on the
property and the gross floor area of each use (needed for ITE traffic calculations).
Aqplicant Response
The applicant in developing a final engineered site plan will address all public facilities. With proximity to the
US 19 corridor subject area has considerable density and intensity. The applicant will provide written statement
showing current uses and service demands to be applied to the proposed square footage which is lower than the
allowable FAR for the subject zoning. ITE trip generation characteristics will be defined for accomplishing
required trip analysis. The site area while in proximity to major arterial action is surrounded by uses with low
trip generations such as the Sylvan Abby complex. -
6. Planning Condition
- Per CDC Sections 4-602.F.1 and 4-603.F.1, Zoning atlas amendments and Comprehensive plan
amendments must be consistent with and further the goals, policies and objectives of the comprehensive
plan. The current
submittal package doesn't reference the Comprehensive plan or show how it is consistent with and
furthers the goals,policies and objectives of the plan. For sufficiency, outline how the application is
consistent with and furthers the goals, policies and objectives of the comprehensive plan.
Applicant Macro Response—Following contains Comp Plan Policy
The applicant submits an argument that the policy structure of the Clearwater Comprehensive Plan supports the
encouragement of infill and redevelopment activity represented by the applicant's project. The following plan
excerpts create linkages between the development potential of subject site and the city's goals and objectives as
adopted in the Comprehensive Plan as follows:
The Comprehensive Plan-Needs Summary states:
1. The supply of buildable land has been depleted. City policies will have to compensate for the scarcity of land.
The applicant states that in a condition with a scarcity of land the development of over 6 %2 acres as a research
and fabrication employment center, looking to employ 355 employees, should be of importance to the city, its
citizens and its economy
2. Most of these parcels are less than one acre in size. Infill development, urban conservation, and urban
renewal strategies will continue to be prevalent in implementing Clearwater's plan.
The applicant states that the subject application calls for infill development urban conservation and renewable
strategies that will help implement Clearwater's plan.
3. Clearwater has 6.98 times more land devoted to open space/recreation uses such as golf courses than
industrial use(1,717 vs. 246 acres). The economic base of the City is tourism, retirement income,retailing and
services.
The applicant states that the subject application would provide a 2.6% increase to the limited to 246 acre
inventory of industrial land for the City of Clearwater
4. Clearwater is the third largest City in the metropolitan area; it is a net importer of labor, and a focus of
shopping, health care, recreation and office employment.
The applicant states that subject site currently employing research and fabrication high paying jobs is servicing
the community of Clearwater and North County and providing close proximity of employment to workforce
housing.
The comprehensive plan for the City of Clearwater has numerous policy positions supportive of location,
type and character of development proposed by the applicant. The following are excerpts from the goals,
objectives and policy sections of the comprehensive plan,in the order they appear in the plan:
Natural Resources
A1.1.1 -permitting procedures that may be applicable, including the wetland vegetative buffer requirement of
the City's Community Development Code.
The applicant states that the proposed application commits to the creation of a vegetative buffer to the existing
12.84 acre preservation area
A1.1.3 - wetlands subject to Department of Environmental Protection (DEP)jurisdiction and the jurisdictional
wetlands of the Southwest Florida Water Management District(SWFWMD) shall be designated by
"Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning
District
, The applicant states at its development design and storm water management implementation will enhance the
preservation area improving water quality and removing an appropriate plant material. Note when taking over
this site seven years ago the preservation area had significant dumping and contamination problems due to a
lack of management for the environmental resource. .
A.l.1.5 - Stormwater shall be controlled through consistent application of local, state, and federal regulations,
mitigation and management plans, and permitting procedures for both site-specific and basin-level development
plans.
The applicant states the final engineering design will meet the requirements for improved storm water
management and will address storm water problems from abutting parcels as well as the subject parcel.
A.1.1.10 The Community Development Code shall provide for on-site drainage detention and/or retention or
payment in lieu thereof for compatibility with community master drainage plans.
The applicant states that its storm water design engineering will meet or exceed the requirements defined by
master drainage plans
A.2 GOAL—A SUFFICIENT VARIETY AND AMOUNT OF FUTURE LAND USE
CATEGORIES SHALL BE PROVIDED TO ACCOMMODATE PUBLIC DEMAND AND PROMOTE
INFILL DEVELOPMENT.
The applicant states that stimulating infill development is a product of a cities' economic development
perspective focusing on retaining existing companies with significant employee populations and strong payroll
contributions to the local economy. The Lack of accomplishment of the above will retard Clearwater's
economy.
Industrial Limited - FAR 0.65; ISR 0.85
The applicant states that the light industrial category of land-use which allows up to .65 FAR will be to develop
only to 76% of its development potential.
A.2.2.4 Industrial land uses shall be located along arterial or major collector streets, with rail access if possible.
Siting and operation of industrial land uses should not create adverse off-site impacts, particularly as these off-
site impacts may degrade residential areas.
The applicant states that the proposed redevelopment project on a site that has been used for seven years by the
applicant for the same use that will be expanded with the proposed project. There is no better condition where
the review of off-site impacts can be directly defined and monitored from the existing site condition to which
the City is a party.
A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity
standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including
criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational
characteristics, map delineation, other standards, and special rules.
The applicant states policies of the PPC are compatible with the infill redevelopment nature of this project, and
the Pinellas Planning Council's commitment to employment expansion of high-paying jobs through creative
policy application of infill and redevelopment strategies as defined by The Pinellas By Design economic
development and redevelopment plan
A.6.4 Objective—Due to the built-out character of the city of Clearwater, compact urban development within
the urban service area shall be promoted through application of the Clearwater Community Development Code.
The applicant states that the subject project stands ready to be a model of how the Clearwater community
development code can be applied to accomplish quality redevelopment, expansion of the economy and
improved community conditions
. A.6.4.1 The development or redevelopment of small parcels [less than one (1) acre] which are currently
receiving an adequate level of service shall be specifically encouraged by administration of land development
and concurrency management regulatory systems as a method of promoting urban infill.
The applicant states that while the subject site is over one acre, its 6.5 acre scale is a manageable small-scale
redevelopment opportunity that should receive the same encouragement that this infill promoting policy states.
Abandonment of this opportunity will create a 6.5 acre infill project with an entirely unknown set of
circumstances and impacts.
A.6 GOAL- THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE
PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN STANDARDS IN ORDER TO
PROTECT HISTORIC RESOURCES, ENSURE NEIGHBORHOOD PRESERVATION, REDEVELOP
BLIGHTED AREAS,AND ENCOURAGE 1NFILL DEVELOPMENT.
The applicant states that subject property is consistent with the last area of action called for by this goal to
utilize "innovative and flexible planning"in order to protect and"encourage infill development". there is also a
component of neighborhood protection in supporting the proposed project since the institutional use that
preceded the applicants use and the menu of uses allowed in the Institutional land use and zoning can be
significantly intensive and in the greater conflict with limited abutting residential land use.
A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high
priority and promoted through the implementation of redevelopment and special area plans, the construction of
catalytic private projects, city investment, and continued emphasis on property maintenance standards.
The applicant states that the proposed project will replace an inefficient and obsolete conditions existing on the
subject site and it will utilize redevelopment and infill principles to be compatible and perhaps create a catalytic
private project which the city can use as an example of"economic gardening"where the community nurtures
and retains existing employment generated through existing companies willing to expand facilities. AEC is a
bird in the hand, and would like to expand its contribution to the Clearwater and Pinellas County economy.
7. Storm Water Condition
1. The storm water criteria of city of Clearwater and other agencies having jurisdiction over the project, such as
SWFWMD or DEP shall be met at time of development and or redevelopment.
2. Sheet C-3, preliminary site plan,has not been reviewed and approved with this application.
Applicant Response
The applicant will accomplish detailed engineering design consistent with the requirements of the City of
Clearwater Superfund and DEP for the redevelopment of the subject parcel. Improved drainage conditions and
stormwater water quality management will be the outcome of this effort. Abutting parcels will be coordinated
with drainage design to improve water quality entering the natural wetland areas.
8. Traffic Engineering Condition
Prior to building permit application:
Applicant shall submit to the city's traffic operations division eight traffic impact study (TIS),prior to
conducting the TIS the applicant shall make an appointment with Bennett Elbo at 727-562-4775 for a scoping
meeting.
Applicant Response
The applicant will accomplish the required TIS analysis and coordinate with appropriate staff. Final site plan
submittal will be accompanied with traffic analysis responding to a methodology agreed to with Bennett Elbo.
SUMMARY ISSUES IN LAND USE AND ZONING
. 1.. We believe we have established that the proposed amendment furthers the implementation of the
Comprehensive Plan consistent with the goals, policies and objectives of the plan as they apply to infill
redevelopment
2. The applicant presents that the amendment is not inconsistent with other provisions of the Comprehensive
Plan and in fact furthers the land-use needs of the city to provide employment areas for research and light
industrial use.
3. The available uses to which the property may be put are to be limited and are appropriate to the property
in question and compatible with existing and planned uses in the area.
4. Sufficient public facilities are available to serve the property and the applicant will develop a detailed site
plan and provide engineering detail showing the ability to serve and support the proposed level of site
development on the subject property
5. The amendment will not adversely affect the natural environment in fact the resolution of the
jurisdictional boundary and provision of the required vegetative buffer along with a quality storm water
management design will improve the conditions in the abutting preservation area to the west.
6. The amendment will not adversely impact the use of property in the immediate area and it will in fact
provide additional buffers and landscaping,maintain or improve structural distances from residential boundaries
to buildings. Note that the perimeter boundary is approximately 2951.2 feet in distance and only 25% or 735.66
feet of the distance is adjacent to residential andland-use. 75%of the subject boundary abuts intensive ACLF
uses, preservation wetlands, and office and communication industrial activities. '
ADDITIONAL SUPPORTING COMMENTARY
The following are some additional bullet points, which briefly address potential impacts from the requested
changes in land use and zoning. Developing from concept plan to detailed site plan will fully address and
evaluate all infrastructure and resolve in detail questions by city staff.
Water Availability
1. Water is currently serving the parcels.
2. Several fire hydrants are located on the site. The presence of these hydrants proves that there are big enough
pipes to provide water for fire protection, and these pipes are currently in place.
3. Additional hydrants will be provided if needed on-site.
Sanitary Sewer Availability
1. Sanitary sewer lines currently run onto the properties.
2. An expansion and/or upgrade will be required for any future development of the site and will be provided.
Stormwater Tie-In
1. A stormwater system does currently exist; however, this system is not adequate and will be upgraded to meet
all current standards of the authorities having jurisdiction. There is a drainage easement being utilized by the
parcel to the East, which allows treatment of their stormwater inside of the onsite pond. This is commercial
runoff from buildings and the associated parking.
2. The before mentioned pond will be filled in, and the stormwater from the adjacent parcel and all future
development will be treated and discharged, according to SWFWMD's and the City of Clearwater's standards,
into the creek located in the western portion of the property identified as the Preservation area. This will be
done via a similar approach as utilized by the FDOT's design and structures, which are located on the property
at the southwest comer and shown on the site plan.
Safety/Fire Protection
1. Fire truck Circulation (min 25' inside turn radius and min 50'outside turn radius) will be provided
2. Fire Hydrants will provide water to be utilized for fire protection as previously stated.
3. Sprinklers, if required, will be provided to meet the requirements of state, federal, and City of Clearwater Fire
Department standards.
4. KNOX Boxes will be provided if required by the authority having jurisdiction.
Traffic:
Ingress and Egress
1. There is an existing driveway and ingress/egress easement provided off Sunset Point Road.
2. This driveway will continue to be utilized, and any permits for improvements in the right of way will be
sought through the Pinellas County Public Works Department.
3. The allowable speed for vehicles will be controlled to limit the production of road noise and the impacts to
the neighboring residential.
4. Adequate turn-around space will be provided for the occasional delivery truck that may need to come to the
site. It should be noted that a YB-40 is rare and that the majority of deliveries or product pick-ups will be
handled via Fed-X or UPS much like in Office and Residential areas.
5. A covered sitting and break area will be pursued on the property to accommodate employees whom would
not want to leave the property during normal lunch hours.
Parking
1. Required parking for the proposed use will be provided on the property and designed in accordance with the
City of Clearwater development code.
Pedestrian
l. Pedestrian traffic circulation will be accounted for on the property by the utilization of sidewalks, crosswalks,
and tactile warning surfaces. These will all be in accordance with ADA requirements.
2. Bicycle parking will be provided on the property to encourage and accommodate alternative means of
transportation from the local neighborhoods.
3. A sheltered bus stop can be pursued on Sunset Point Road if necessary.
Perimeter Landscape Buffers
1. Buffers will be provided as required by the City to minimize light, noise and visibility impacts. Additionally,
increased vegetation will be provided along the boundary line that is shared with the residential.
Fences and Screening
1. A 6'high opaque fence is currently proposed to meet fencing requirements to buffer the development from
the adjacent uses. Additionally, a 6'high masonry wall can be constructed to separate the residential from the
proposed use. We will work with the City and neighbors to define the desired screening.
2. Parking Lots will be screened from the right-of-way(ROW) by a four-foot high opaque fence, which will be
screened on the external side by continuous hedge or nondeciduous vine.
Setbacks
1. Setbacks for the IRT zoning are shown to be a maximum of 25'in the front and 20' on sides. The applicant
has proffered as a restriction as a condition of rezoning that the East side setback will be 25 ft from the
residential neighbor. All other setbacks will be not only met, but will be well in excess of what is required.
Buildings
1. The building is proposed as two-stories and, again as proffered by the applicant, a restrictive covenant will be
recorded in the public records restricting any buildings on this site to two stories.
2. All activities associated with the use will be conducted inside of the buildings.
Outdoor Storage:
1. No storage will be proposed in the front setbacks.
2 Any storage areas will be screened from view by residential properties and public ROW by six-foot high
opaque fence.
3. All items stored in a potential outdoor storage area shall not be visible to any area screened by the fence.
, 4. Outdoor storage areas will be restricted from being located on the East side of the property and the East side
of the building to further limit impacts to the adjacent residential area
Si'gnage
1. There is an existing sign located on Sunset Point Road. This sign currently serves the City licensed business,
and the location will be utilized for the future development.
2. Any proposed signage will adhere to the goals and principles of the City of Clearwater's Comprehensive Sign
Program
Additional Concerns and Statements of Fact:
1. The owner at his cost will obtain all requied permits.
2. All deliveries will utilize the current access to the property from Sunset Point Road. Delivery times will be
limited to normal business hours as comparable to the current zoning.
3. The residences along Robinwood Drive currently front Robinwood Drive, which terminates at its West end
into the subject property. Only the two westernmost properties are adjacent to the subject property. No traffic
currently travels Robinwood Drive for access to the property, and this will remain the case.
Current Uses
1. The current uses on the property are two buildings, which provide a workplace for the employees of Aviation
Engineering Consultants, Inc. The existing uses are the same as the proposed uses; although, they will be
expanded and updated to meet current building standards and the requirements for the development. These
buildings will be demolished to allow for the expansion of the current use. There will be an increase in the
square footage to allow for an increase in the area of the workplace, the capabilities and potential of this
underutilized property, the allowable
workforce, and the creation of more jobs.
Timeline
1. The developer shall commence construction for the buildings within 90 days of the issuance of the building
permit.
Lighting
Lighting will be necessary for the office and clean manufacturing uses.
1. The lighting will be placed on the buildings or on poles, and the lights will be directed onto the property to
minimize light pollution from the development.
2. The minimum fifteen-foot vegetative buffer will also aid in screening the surrounding properties from the
light, which will be needed to provide a secure and vigilant property security.
3. The six-foot high, opaque fence and masonry wall will also aid in catching any additional light before it
crosses into the surrounding properties.
Current Easements
1. There is a 24' access easement, which guarantees access for the properties to the East, and they are shown in
Exhibit A. In addition, there is a drainage easement serving the offices to the East. This easement appears to
allow for stormwater discharge into the Preservation area. These easements will be preserved, and their intent
will be incorporated into all future development of the subject property.
Conservation
1. The entire development was designed to minimize the unnecessary removal of trees while also maintaining a
viable project. The total amount of inches removed from the site shall be replaced on an inch-for-inch basis.
Any deficit will be settled by paying money to the tree bank as outlined in the City's development code.
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement") is dated
2011, effective as provided in Section 5 of this Agreement, and entered into among AEC
Sunset Point, LLC, 2159 McMullen Booth Road, Clearwater, Florida 33759, its
successors and assigns, hereinafter referred to as ("Developer"), and the CITY OF
CLEARWATER, FLORIDA, a municipality 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;
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;
WHEREAS, the Developer owns approximately 19.418 acres of real property
located at 2750 and 2754 Sunset Point Road ("Property") in the corporate limits of the
City, which is comprised of two described properties ,as more particularly described in
Exhibit A attached hereto and incorporated herein, which are the descriptions of the two
parcels totaling the 19.418 acres;
WHEREAS, the Developer desires to develop the Concept Plan Area, comprised
of 6.571 acres with an expansion of existing research and fabrication facilities for
aviation instruments and equipment consisting of 130,000 sq. ft. of two story(maximum
35 feet) development, generally conforming to the conceptual plan shown on Exhibit B
attached hereto and incorporated herein (the "Concept Plan");
WHEREAS, the Developer desires to establish the required 25 foot buffer
between the proposed development and the 12.84 acre preservation area in conjunction
with an approved concept plan, generally conforming to the requirements shown on
Exhibit B attached hereto and incorporated herein ("Concept Plan");
WHEREAS, the Developer wishes to provide additional protection to 25% of the
Property perimeter that abuts existing residential uses, by establishing a 25 foot setback
to residential boundaries (17.4 feet as to northern boundary/Regency Oaks), as shown in
Exhibit B;
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,
WHEREAS, the Developer wishes to provide additional protection to abutting
institutional, office and residential uses by limiting the allowable height for the proposed
research and fabrication structure to no more than two (2) stories;
WHEREAS, the Developer will establish an acceptable perpetual restrictive
covenant to limit industrial uses allowed in the proposed facility (See Exhibit C —
Proposed Restrictive Covenants), which shall be recorded in the Official Records of
Pinellas County, Florida, and enforceable by the City of Clearwater;
WHEREAS, the Developer has requested a land use plan amendment resulting in
a change to approximately 6.571 acres m.o.l. of the Property;
WHEREAS, the Developer has requested a land use plan amendment from
Institutional (I), to Industrial Limited (IL) and a rezoning from Institutional (I) to
Industrial, Research, and Technology (IRT,) for the Concept Plan Area, as shown on
Exhibit B;
WHEREAS, the Developer desires to provide appropriate buffer to the existing
preservation area, but such area will only be defined when final jurisdiction boundaries
(consistent with DEP, SWFWMD and City requirements) are set by the Final Site Plan,
and said boundaries will modify the definition of the buffer from the generalized
description (12.84 acres) that is based on the current Pinellas Planning Council Future
Land Use Map description of the Preservation land use area;
WHEREAS, the Developer agrees, upon issuance of a building permit, to place a
Conservation Easement on the Preservation Area (12.84 acres), as to the portion of same
which is wetlands, for the use by the City in protecting the area currently only controlled
by its land use designation.
WHEREAS, the City has conducted such hearings as are required by and in
accordance with Sections 163.3220 et seq. Fla. Stat. (2010) and any other applicable law;
WHEREAS, the City has determined that, as of the Effective Date of this
Agreement, the proposed project is consistent with the City's Comprehensive Plan and
Code;
WHEREAS, the City has conducted public hearings as required by Sections 4-206
and 4-606 of the Code;
WHEREAS, at a duly called and advertised public meeting on , 201 l,
the City Council approved this Agreement and authorized and directed its execution by
the appropriate officials of the City;
WHEREAS, the Community Development Coordinator ("CDC") reviewed the
intent of the Concept Plan which will be developed into a Final Site Plan and approved
the development of the 130,000 sq. ft. of two story (maximum 35 feet) research and
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fabrication and associated site improvements for parking and storm water management
conditioned upon the approval and execution of this Agreement; and,
WHEREAS, Developer has approved this Agreement and has duly 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 Ageement 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 shall have the same meaning in this Agreement as in the Act.
SECTION 3. Pronertv Subiect to this Agreement. The Property is subject to this
Agreement.
3.1 The Property currently has land use designations of Institutional, and is
zoned Institutional.
3.2 Developer has requested a land use change from Institutional (I) to
Industrial Limited (IL) on certain portions of the Property as shown on the Z-LU
Amendment Requests Map.
3.3 Developer has requested a rezoning from Institutional (I) to Industrial,
Research, and Technology (IRT) on certain portions of the Property as shown on the
Z-LU Amendment Requests Map.
3.4 The Property is owned by Developer as is evidenced by the deeds attached
as Exhibits D-1 and D-2. Legal description of Concept Plan Area is attached as Exhibit
E, and Survey of Concept Plan Area and Zoning-Land Use Amendment Request are
attached hereto as Exhibits F-1 and F-2.
3.6 The Property is generally located at 2750 and 2754 Sunset Point Road,
Clearwater, Florida.
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SECTION 4. Scope of Proiect
4.1 The Project shall consist of the 130,000 Sq. Ft of research and fabrication
facilities with associated infrastructure and parking facilities on 6.571 acres as generally
depicted on the Concept Plan.
4.2 The Project shall include 195 parking spaces (1.5 spaces per 1000 sq ft.),
as shown on the Concept Plan attached and pursuant to city code requirements. Concept
Plan proposes said parking spaces, but the building and circulation may be modified to
accommodate additional parking under structures given the topography of the site and to
accommodate any modification of the developable area due to the required 25 ft buffer.
4.3 The proposed floor area ratio on the Property for the proposed building of
130,000 square feet is .454 FAR. The proposed height of the Concept Plan buildings, as
defined in the Code, is a maximum of 35 feet.
4.4 The Project complies with the Metropolitan Planning Organization's
(MPO) countywide approach to the application of concurrency management for
transportation facilities.
4.5 The Project shall include mitigation of the impact to the wetlands and
preservations areas adjacent to the Concept Plan Area, as required by the state of Florida
DEP and SWFWMD.
SECTION 5. Effective Date/Duration of this A reement.
5.1 This Agreement shall not be effective until
5.1.1 this Agreement is properly recorded in the public records of
Pinellas County, Florida; and
5.1.2 final approval and effectiveness of a land use designation of
Industrial Limited (IL) on the Property; and
5.1.3 final approval and change of zoning to Industrial, Research, and
Technology (IRT).
5.2 Within fourteen (14) days after the City approves the execution of this
Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for
Pinellas County. The Developer shall pay the cost of such recording. The City shall
submit Appropriate notice to the Department of Economic Opportunity (as required for
small scale amendments) in the form of a copy of the recorded Agreement within
fourteen (14) days after the Agreement is recorded. In the event that the contingency
described in Section 5.1.2 above is not satisfied within twelve (12) months from the date
hereof, the City and Developer agree to execute and deliver a termination of this
Agreement, in recordable form, which shall be recorded in the Public Records of Pinellas
4
County, Florida at the expense of the Developer. Notwithstanding the foregoing,
Developer may request an extension of time, via the Community Development
Coordinator, for the completion of the contingencies for no more than twelve additional
months.
5.3 This Agreement shall continue in effect until terminated, as defined
herein,but for a period not to exceed twenty(20) years.
SECTION 6. Obli�ations under this Agreement. '
6.1 Obligations of the Developer
6.1.1 The obligations under this Agreement shall be binding upon and the
benefits of this Agreement shall inure to the Developer, its successors in interest or
assigns.
6.1.2 At the time of development of the Property, the Developer will submit
such applications and documentation as are required by law and shall comply with the
City's Code applicable at the time of building permit review.
6.1.3 The following restrictions shall apply to development of the Property:
6.1.3.1 The Property and improvements located thereon shall be
developed in substantial conformance with the Concept Plan and Future Final Site Plan
approved by the development review process associated with Case Nos. LUP2011-09003
and REZ2011-09006. Said Future Final Site Plan shall control in the event of conflict.
In the event that no Future Final Site Plan is approved within two years of the Effective
Date of this Agreement, the development rights under this Agreement shall be subject to
termination under Section 10, including any conditions. Any minor revisions or changes
to the Plan shall be approved by the Planning and Development Director as a minor
modification, pursuant to the Code. Any modifications determined by the Planning and
Development Director as either inconsistent or constituting a substantial deviation from
the approved Plan and thus requiring further approval by the CDB shall require an
amendment to this Agreement in accordance with the procedures of the Act and the
Code, as necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida.
6.1.3.2 The Developer shall obtain building permits and shall
thereafter timely obtain required certificates of occupancy in accordance with any
development orders subsequently issued as a result of approval of case numbers
LUP2011-09003 and REZ2011-09006. Nothing herein shall restrict Developer from
seeking an extension of these time frames pursuant to applicable provisions of the Code,
Florida Statutes and of the Florida Building Code or from seeking an amendment to this
Agreement.
5
6.1.3.3 The Developer shall be responsible for transportation
obligations (collectively, "Transportation Obligations") as follows:
(i) The Applicant shall submit to the City's Traffic Operations Division a
traffic impact study(TIS), methodology will be approved by the City;
(ii) The Applicant will implement the recommendations of the study
for the reasonable improvements identified in the study.
6.1.3.4 Development restrictions for the proposed project will include the
following:
(i) The development intensity will be limited to 130,000 square feet,
constituting a FAR of .454 ;
(ii) The height of the proposed structure will not exceed thirty-five
(35') feet;
(iii) The primary structure will be separated from any residential
boundary by a setback of at least 25 feet.
(iv) The following Industrial, Research and Technology (IRT) and
Industrial Limited uses shall be prohibited by the Restrictive Covenant ("Exhibit C") to
be recorded in the Official Records of Pinellas County, Florida:
(a) Accessory Dwellings
(b) Government Uses
(c) Indoor Recreation/Entertainment
(d) Outdoor Recreation/Entertainment
(e) Parks and Recreation Facilities
(fl Publishing and Printing
(g) Restaurant, accessory drive-in
(h) Restaurants
(i) Self Storage
(j) TV/Radio Studios
(k) Vehicle Service
(1) Wholesale Distribution/Warehouse Facility
(m) Automobile Service Stations
(n) Major Vehicle Service
(o) Parking Lots (Other Than Accessory to the Primary Use)
(p) Public facilities
(q) Public Transportation Facilities
(r) Residential Shelters
(s) Retail Sales and Service
(t) Utility/Infrastructure Facilities
(u) Vehicle Sales/Displays and Major Vehicle Displays/Displays
6
(v) Veterinary Offices or Animal Grooming
(w) Adult Uses
(x) Night Clubs
(y) Overnight Accommodations
(z) Salvage Yards
(aa) Social Public Service Agencies
(bb) Telecommunication Towers
The Owner agrees to record these covenants with the Clerk of the Circuit Court of
Pinellas County, Florida, and shall pay any and all expenses associated with their filings
and recording.
6.1.4 The Developer shall be responsible for applying for, and seeking approval
from the appropriate state and federal agencies.
6.1.5 All improvements shall be constructed, if at all, pursuant to the Concept
Plan attached hereto, pursuant to the requirements set forth in Article 4, section 7 of the
Code. Any proposed development not in conjunction with the Concept Plan shall require
an amendment to this Agreement.
The Property and improvements located thereon shall be developed in
substantial conformance with the Concept Plan and Future Final Site Plan approved by
the development review process associated with Case Nos. LUP2011-09003 and
REZ2011-09006. Said Future Final Site Plan shall control in the event of conflict. In the
event that no Future Final Site Plan is approved within two years of the Effective Date of
this Agreement, the development rights under this Agreement shall be subject to
termination under Section 10, including any conditions. Any minor revisions or changes
to the Plan shall be approved by the Planning and Development Director as a minor
modification, pursuant to the Code. Any modifications determined by the Planning and
Development Director as either inconsistent or constituting a substantial deviation from
the approved Plan and thus requiring further approval by the CDB shall require an
amendment to this Agreement in accordance with the procedures of the Act and the
Code, as necessary and applicable. Any and all such approved and adopted amendments
shall be recorded in the public records of Pinellas County, Florida.
6.1.6 Upon issuance of a permit for construction of the project proposed in the
Concept Plan and Future Final Site Plan, the Developer shall contemporaneously record
an executed perpetual Conservation Easement, which shall be recorded in the Public
Records for Pinellas County, Florida, and shall encumber the area located within the
Preservation Area determined to be wetland, per the jurisdictional determination, which
shall have been obtained and provided to the City by the Developer, which Conservation
Easement shall restrict or prevent development in the restricted area
7
6.2 Obligations of the Citv.
6.2.1 Concunent with the approval of this Agreement, the City shall promptly
process the submitted amendments to the land use plan and zoning designations for the
Property as set forth in Sections 3.2 and 3.3 of this Agreement.
6.2.2 In the event the approvals required by state and federal agencies for the
purpose of setting the jurisdictional line for the Preservation Land Use and Zoning
categories, sets the boundary of the Concept Plan Area in a location not consistent with
the Concept Plan Land Use and Zoning Map attached hereto, the City agrees to use the
administrative adjustment procedure, as outlined in the Code and the Pinellas Planning
Council Countywide Rules, to adjust the line. Any amendment to the Concept Plan to
reduce the amount of parking that may be required due to the location of the
jurisdictional line shall not require an amendment to this Agreement so long as the
Developer continues to exceed the minimum standards as required by Code. Nothing
herein shall relieve the Developer of pursuing the necessary approvals for the amendment
of an approved site plan pursuant to the Code.
6.2.3 The City shall promptly process site and construction plan applications for
the Property that are consistent with the Comprehensive Plan, the Concept Plan and that
meet the requirements of the Code.
6.2.3 The final implementation of the land use category and zoning re-
designations referenced in Section 6.2.1 is subject to:
6.2.3.1 The provisions of Chapters 163 and 166, Florida Statutes,
as they may govern such amendments; and
6.2.3.2 The expiration of any appeal periods or, if an appeal is
filed, the conclusion of such appeal.
SECTION 7. Public Facilities to Service Development. The following public
facilities are presently available to the Property from the sources indicated below.
Development of the Property will be governed by the concurrency ordinance provisions
applicable at the time of development approval, unless otherwise provided by law. With
respect to transportation and other public infrash-ucture and services subject to
concurrency requirements, all applicable concurrency provisions for the proposed
development have been met.
7.1 Potable water is available from the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.2 Sewer service is currently provided by the City. The Developer shall be
responsible for all necessary main extensions and applicable connection fees.
7.3 Fire protection from the City.
8
7.4 Drainage facilities for the Property will be provided by the Developer at
the Developer's sole expense.
7.5 Transportation concurrency requirements will be met.
7.6 All improvements associated with the public facilities identified in
Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of
occupancy.
SECTION 8. Required Local Government Permits. The required local government
development permits for development of the Property include, without limitation, the
following:
8.1 Site plan approval(s) and associated utility licenses, access, and right-of-
way utilization permits;
8.2 Construction plan approval(s);
8.3 Building permit(s); and
8.4 Certificate(s) of occupancy.
SECTION 9. Consistencv. The City finds that development of the Property is
consistent with the terms of this Agreement, is consistent with the City Comprehensive
Plan and the Code.
SECTION 10. Termination.
10.1 If the Developer's obligations set forth in this Agreement are not followed in a
timely manner, as reasonably determined by the City Manager, after notice to the
Developer and an opportunity to be heard, existing permits shall be administratively
suspended and issuance of new permits suspended until the Developer has fulfilled its
obligations. Failure to timely fulfill its obligations may serve as a basis for termination of
this Agreement by the City, (in addition to the termination provisions of Section 5.2
hereo�, at the discretion of the City and after notice to the Developer and an opportunity
for the Developer to be heard.
SECTION 11. Other Terms and Conditions.
11.1 Except in the case of termination, until twenty (20) years after the date of
this Agreement, the Property shall not be subject to down-zoning, or intensity reduction,
unless the City has held a public hearing and determined:
11.1.1 That substantial changes have occurred in pertinent conditions
existing at the time of approval of this Agreement; or
9
11.1.2 This Agreement is based on substantially inaccurate information
provided by the Developer; or
11.1.3 That the change is essential to the public health, safety, or welfare.
SECTION 12. Compliance with Law. The failure of this Agreement to
address any particular permit, condition, term or restriction shall not relieve the
Developer from the necessity of complying with the law governing such permitting
requirements, conditions, terms or restrictions.
SECTION 13. Notices. Notices and communications required or desired to
be given under this Agreement shall be given to the parties by hand delivery, by
nationally recognized overnight courier service such as Federal Express, or by certified
mail, return receipt requested, addressed as follows (copies as provided below shall be
required for proper notice to be given):
If to the Developer: AEC Sunset Point, LLC
2159 McMullen Booth Road
Clearwater, Florida 33759
With copy to: William J. Kimpton, Esquire
605 Palm Blvd., Suite B
Dunedin, FL 34698-2628
If to City: City of Clearwater, City Attorney
ATTN: Pamela Akin, Esquire
112 South Osceola Avenue
Clearwater, FL 33756
Properly addressed, postage prepaid, notices or communications shall be deemed
delivered and received on the day of hand delivery, the next business day after deposit
with an overnight courier service for next day delivery, or on the third (3rd) day following
deposit in the United States mail, certified mail, return receipt requested. The parties may
change the addresses set forth above (including the addition of a mortgagee to receive
copies of all notices), by notice in accordance with this Section.
SECTION 14. ASSIGNMENTS.
14.1 By the Developer. The Developer may sell, convey, assign or otherwise
dispose of any or all of its right, title, interest and obligations in and to the Concept Plan
Area, in its entirety, without the prior written notice to the City, provided that such party
(hereinafter referred to as the "assignee"), to the extent of the sale, conveyance,
assignment or other disposition by the Developer to the assignee, shall be bound by the
terms of this Agreement the same as the Developer for such part of the Project as is
subject to such sale, conveyance, assignment or other disposition and Developer shall be
released from such obligations that have been assumed by the by the Assignee.
10
14.2 Successors and Assi�ns. The terms herein contained shall bind and inure
to the benefit of the City, and its successors and assigns, and the Developer and, as
applicable to the parties comprising Developer, their successors and assigns, except as
may otherwise be specifically provided herein.
SECTION 15. Minor Non-Comuliance. The Developer will not be deemed to
have failed to comply with the terms of this Agreement in the event such non-
compliance, in the judgment of the City Manager, reasonably exercised, is of a minor or
inconsequential nature.
SECTION 16. Covenant of Cooperation. The parties shall cooperate with and
deal with each other in good faith and assist each other in the performance of the
provisions of this Agreement and in achieving the completion of development of the
Property.
SECTION 17. Apurovals. Whenever an approval or consent is required under
or contemplated by this Agreement such approval or consent shall not be unreasonably
withheld, delayed or conditioned. All such approvals and consents shall be requested and
granted in writing.
SECTION 18. Completion of A�reement. Upon the completion of performance
of this Agreement or its revocation or termination, a statement evidencing such
completion, revocation or termination shall be signed by the parties hereto and recorded
in the official records of the City.
SECTION 19. Entire Agreement. This Agreement (including any and all
Exhibits attached hereto all of which are a part of this Agreement to the same extent as if
such Exhibits were set forth in full in the body of this Agreement), constitutes the entire
agreement between the parties hereto pertaining to the subject matter hereof.
SECTION 20. Construction. The titles, captions and section numbers in
this Agreement are inserted for convenient reference only and do not define or limit the
scope or intent and should not be used in the interpretation of any section, subsection or
provision of this Agreement. Whenever the context requires or permits, the singular shall
include the plural, and plural shall include the singular and any reference in this
Agreement to the Developer includes the Developer's successors or assigns. This
Agreement was the production of negotiations between representatives for the City and
the Developer and the language of the Agreement should be given its plain and ordinary
meaning and should not be strictly construed against any party hereto based upon
draftsmanship. If any term or provision of this Agreement is susceptible to more than one
interpretation, one or more of which render it valid and enforceable, and one or more of
which would render it invalid or unenforceable, such term or provision shall be construed
in a manner that would render it valid and enforceable.
11
SECTION 21. Partial Invaliditv. If any term or provision of this Agreement
or the application thereof to any person or circumstance is declared invalid or
unenforceable, the remainder of this Agreement, including any valid portion of the
invalid term or provision and the application of such invalid term or provision to
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and shall with the remainder of this Agreement continue unmodified and
in full force and effect. Notwithstanding the foregoing, if such responsibilities of any
party hereto are thereby limited, to the extent that the purpose of this Ageement or the
benefits sought to be received hereunder are frustrated, such party shall have the right to
terminate this Agreement upon fifteen (15) days written notice to the other parties.
SECTION 22. Code Amendments. Subsequently adopted ordinances and codes
of the City which is of general application not governing the development of land shall be
applicable to the Property, and such modifications are specifically anticipated in this
Agreement.
SECTION 23. Governing Law. This Agreement shall be governed by, and
construed in accordance with the laws of the State of Florida without regard to the
conflict of laws principles of such state.
SECTION 24. Counterparts. This Agreement may be executed in
counterparts, all of which together shall continue one and the same instrument.
SECTION 25. Amendment. This Ageement may be amended by mutual
written consent of the City and the Developer so long as the amendment meets the
requirements of the Act, applicable City ordinances, and Florida law.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the
date and year first above written.
WITNESSES: AEC Sunset Point, LLC, a Florida
Limited liability company
2159 McMullen Booth Road
Clearwater, Florida 33759
By: Aviation Engineering Consultants,
Inc., a Florida corporation, Member
By:
Printed Name: Kamran Rouhani, President
Printed Name:
12
STATE OF FLORIDA
COUNTY OF PiNELLAS
The foregoing instrument was acknowledged before me this _day of ,
2011, by Kamran Rouhani, as President of Aviation Engineering Consultants, Inc.,
the Member of AEC Sunset Point, LLC, on behalf of the corporation and limited
liability company. He is _ personally known to me or has produced
as identification.
Notary Public
My commission expires: Print Name:
CITY OF CLEARWATER, FLORIDA
By:
Printed Name: William B. Horne II, City Manager
Printed Name:
Attest:
Rosemarie Call, City Clerk
Countersigned:
Frank V. Hibbard, Mayor
Approved as to Form:
Leslie K. Dougall-Sides
Assistant City Attorney
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.
Notary Public
My commission expires: Print Name:
13
DEVELOPMENT AGREEMENT—EXHIBITS
Exhibit A Legal Description of Properties Constituting Concept Plan Area and
Buffer Area Totaling 19.418 acres
Exhibit B Concept Plan (consists of 6.571 acres)
Exhibit C Restrictive Covenants
Exhibit D-1 Deed for 17.4 Acres
Exhibit D-2 Deed for 2.018 Acres
Exhibit E Concept Plan Area—6.571 acres
Exhibit F-1 Survey of Concept Plan Area
Exhibit F-2 Zoning and Land Use Amendment Areas/Cross-Hatched
14
EXHIBIT A
PARCEL 1:
A PART OF LOT 1, THE ELKS, ACCORDING TO THE MAP OR PLAT THERE OF AS
RECORDED iN PLAT BOOK 95, PAGE 90 OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID SOUTHWEST
CORNER BEING THE POINT OF BEGINNING, RUN THENCE N 00°32'06" E, ALONG
THE WEST BOUNDARY LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA,
A DISTANCE OF 975.85 FEET; THENCE S 89°44'22" E, 435.92 FEET; THENCE S 00°18'16"
W, 276.77 FEET; THENCE S 89°41'44" E, 370.57 FEET; THENCE ALONG A CURVE TO
THE RIGHT HAVING A RADNS OF 580.00 FEET, DELTA ANGLE OF 03°23'14", A
CHORD OF 34.28 FEET AND A CHORD BEARING OF S 16°22'25" E; THENCE S 89°41'44"
E, 134.73 FEET; THENCE S 00°18'16" W, 205.93 FEET; THENCE N 89°41'44" W, 27.84
FEET; THENCE S 06°38'S4" E, 182.54 FEET; THENCE S 20°59'08" W, 21.39 FEET;
THENCE S 06°38'24" E, 63.85 FEET; THENCE N 89°27'24" W, 112.29 FEET; THENCE S
00°32'36" W, 200.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
SLTNSET POINT ROAD, A.K.A. STATE ROAD #588; THENCE N 89°27'24" W, ALONG
SAID NORTHERLY RIGHT-OF-WAY LINE, 836.31 FEET TO THE POINT OF
BEGINNING. CONTAINING 757,691.4 SQlFT OR 17.4 ACRES MORE OR LESS.
PARCEL 2•
LOT 2, THE ELKS SUBDNISION, ACCORDING TO THE MAP OR PLAT THEREOF AS
RECORDED iN PLAT BOOK 95, PAGE 90, OF THE PUBLIC RECORDS OF PiNELLAS
COUNTY, FLORIDA.
87,891.9 SQ/FT OR 2.018 ACRES
CONCEPT PLAN AREA and BUFFER AREA - Total of 19.418 acres
1
�XH�BIT A
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PERPETUAL
RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this day of , , 2012 by AEC Sunset Point,
LLC. 2159 McMullen Booth Road, Clearwater, Florida 33759, hereinafter referred to as "the
Owner".
WHEREAS, the Owner is the fee simple title holder of the Property located on 2750 and 2754
Sunset Point Road, City of Clearwater, in the County of Pinellas, Florida, as described as
Exhibit A (legal description), attached to and made a part hereof, and
WHEREAS, the Owner has received an approved land use plan amendment from Institutional
(I) to Industrial Light (IL) and a rezoning from Institutional (I) to Industrial, Research, and
Technology (IRT,) from the City of Clearwater, Florida, hereinafter referred to as "the City," to
allow for the expansion of the current use, which will be situated on the property of the Owner
as described as Exhibit A.
WHEREAS, to protect neighboring residential districts from unlimited Industrial, Research,
and Technology uses of the property now and in the future, the City will require a restrictive
covenant be executed and recorded
by the owner, and
Now THEREFORE, as part of the consideration for the City's land use amendment and
rezoning, the Owner hereby makes and declares the followin�'`restrictive covenants which
shall run with the title to said Property and be binding on the Owner and its successors in
interest. The following Industrial, Research, and Technology (IRT) and Industrial Limited uses
are prohibited by these covenants. *
perpetual
1. Accessory Dwellings.
2. Government Uses.
3. Indoor Recreation/Entertainment.
4. Outdoor Recreation/Entertainment
5. Parks and Recreation Facilities.
6. Publishing and Printing.
7. Restaurant, accessory drive-in.
8. Restaurants.
9. Self Storage.
10. TV/Radio Studios.
11. Vehicle Service.
12. Wholesale Distribution/Warehouse Facility.
13. Automobile Service Stations.
14. Major Vehicle Service.
15. Parking Lots (Other Than Accessory to the Primary Use).
16. Public facilities.
17. Public Transportation Facilities.
18. Residential Shelters.
19. Retail Sa1es and Service. EXHIBIT C
_ _ _ .
20. Utility/Infrastructure Facilities
21. Vehicle Sales/Displays and Major Vehicle Displays/Displays.
22. Veterinary Offices or Animal Grooming.
23. Adult Uses.
24. Night Clubs.
25. Overnight Accommodations.
26. Salvage Yards.
27. Social Public Service Agencies.
28. Telecommunication Towers.
29. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Pinellas
County, Florida, and shall pay any and all expenses associated with their filings and
recording.
IN ADDITION THE OWNER FURTHER RESTRICTS THE SUBJECT PROPERTY AS
FOLLOWS:
1. No buildings will exceed finro stories in height.
2. That a 25 ft setback be maintained on the East property line from the abutting residential
development.
IN WITNESS WHEREOF, the Owner has read these Restrictive Covenants and have hereto
affixed their signatures.
OWNER
AEC SUNSET POINT, LLC, a Florida
Limited liability company
BY: Aviation Engineering Consultants, Inc.,
A Florida corporation, Member
By:
Kamran Rouhani, President
WITNESSES:
Printed Name:
Printed Name:
� STATE OF FLORIDA
COUNTY OF PINELLAS
SWORN TO and subscribed before me this day of November, 2011, by KAMRAN
ROUHANI, as President of AVIATION ENGINEERING CONSULTANTS, INC., Member of
AEC SUNSET POINT, LLC, a Florida limited liability company, ( ) who is personally known
to me, or ( ) who has produced his driver's license . Such person(s) (Notary
Public must check applicable box):
[] is/are personally known to me.
(] produced a current driver licensees).
[ ] produced as identification.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed, typed or stamped name of NP)
Commission No: My Commission Expires:
I�: 2006019178 BK: 14877 PG: 1097, O1/18/2006 at 10:44 AM, RECORDING 3 PAGES
, $27.00 D DOC STAMP COLLECTION $0.70 ICEN BURI�, CI,ERK OF COURT PINELLAS
COUNTY, FL BY DEPUTY CLERK: CLKDM02
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prevared br aad Retura to: I
D71VID R. GATiA. 1lttorn�v at Lav .'�
I 7419 U.S. H�ey. 19 �, �
New Port Richey. 3465 -1240 ', ��
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I Tax Parcel_#_OS-29-16-25622-000-0010 , `, ���--����
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WARRANTY DSED �� �����
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i TSIS INDiD1T�. made this �y day of/�/p✓EY►7�, a005, SsTiPi=N , -.% �� �� __ .���
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1►VIIITION �I1il'lAlfifi C"ONSQLT�11aT8, INC., A lLORIDII CORPORIITION, ;]�.4 <���` �
Ici�ITOx* whoee Poet Office addresa is: z►y�' m�mutr�J �or��
����'�. Fl 33'�,�-�;,,
of the County of Pinellas State of Florida, „
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and �
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�!C SIINS=T p0I21T, LLC, L LIi[ITSD L7118ILIT7[ C�fP�7�7Ct�S �_*
, whose Post Office address is� Z15y munvct�,�,o��''�Qr/�.�
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cz.e�nu'A�-�t.��FZ'�`r37S9
of the County of Pinellas, State of F1ort�Ta, `. `� �, �
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1PITNi88=TS that said grantor, for �d �� conei��'ration of the eum
of TEN AND 00/100 DOLLARS, .aud�, other_,�g�iod and valuable
coasideratione to said Grantor,'3.a� ha�{d• aid-by said Grantee, the
receipt whereof is hereby acknbw�ed ed;��s granted, bargained and
sold to the esid grantee, an��gzapfee's �irs and assigne forever
the following described lalaA, �i�tgate, ly ng and being in Pinellas
County, Florida, to-wit:,', � ,
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SEE ATTI�(�Ep��iIBIT "A" FOR COMPLETS
.'.-�GAIt�.DF�SCRIPTION ,
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subject�o �aeements;;restrictions and reservations of record.
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Sulajeet_to`�t�xes and assesen�nts for the year 2005 and �
�he��BfGe�C:= �
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Said Gra:ntQr`does hereby fully warrant the title to said land, and
in�i�l defekid the same against the lawful claims of all persons
wh�imoever.;
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*"Grantc��'" and "Grantee" are uaed for singular or plural, as the
context requires. ,
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iN IP1TNiSS liR=R1i01�, Grantor has hereunto set Grantor�s hand and
seal the day and year first above written, i
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PINELI�A,S COUNTY FL OFF. REC. BK 1G877 PG 1098
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� Signed, sealed and delivered 11 V I 11 T I 0 N s N G I N S!R I N G
; C�N3IILT111aTS, INC.
: in the presence of: •
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ST�TS 01 1LOA=Dl1 ,� --
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COII1�1'1'7C O� pINSLL�IS `�•�• ,'•
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I �R=SY CiRTIt7[ that on this day, before me, �t `q.f��cer'�duly
qualified to take acknowledg�ats, person�lly abpedred'�Kamran
Rouhani to me known to be the person described.fn ait+Fi�who executed
the foregoing instrument and acknowl�d��befdre �die that she
executed the same. i relied upon.�he �ol��� ,i"'ing -form of
, identification of the abave named perso� ; ra(4w`, ��!��i�
and that an oath was taken. + � ' �
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tI=TNSBS my hand and official s,e��l �i�i•the_C6u�ity and State last
�afore8aid this � �� day of,r/61�� 2005.
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(Notary Rubb.r 8��► Saai);
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PINELLP.S COUNTY FL OFF. REC. BK 14877 PG 1099
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EXAIBIT "A" '�'�' ' ' v
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. . A part of Lot 1,7)iE ELKS,according to the map or�lat thereof as recorded in PIaF i�evic 95;p�ge 90;�of�
U�e Public Recards of Pinel(as County,Rorida,be8ig more paitkularly described as,folbws: ��, --�
� , ,
Comrnence at the Southwpst oomer of sald Lot i,sald Southwest comer being tF�e�e�nt of�3e(jlrniing,
run thence North 00°32'36"EasR,along the West boundary Nne of the 5outheast 114 0�EFie-14ort�m�est
1/4 of Sectbn 5,Tow�hlp'29 5outh,Range 16 F�,pineNas County�Flvrida,a distanoe of 975.85 Feet;
thenoe South 89°44'22"East,435.p2 feet; thence South�° ]8'�6".West,276.77 feet; thence South 89°
41'94"Eas�,370.57 fcet;thence abng a wrve to the right having a redprs,of 58p:00 feet, deRa angle of
3°23'14",a chord of 34.28 feet and a cfiord bearing of Soudi 1b'�'25'"EasF,'Thence SouU�89°41'44"
East,134.73 feet;thence South 00° 18'16"West,205.93 feet;titbence rooi3h�8A°41'44"West,27.89 feet;
thence Soud�06°38'S4"East, 182.54 feet; thence SoulT►.20°Sb'il8'��►(1e�21.39 feet;thence South 06°
38'24"East,63.85 feet;tlience North 89°27'24"West, i12.�9 f�eet; thence South 00°32'36"West,
200.00 feet to a Point on the Northerh►�ight-ofy�rayJipe of�dRSet�pptnt Road,aka State Road 588;
thence Nort�89°2T24"West,along sa(d No►�prly�tght o�-niaY�4ne 836.31 feet to the Point of
Beginniig. , , ,
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IN: 2006019179 BK: 14877 PG: 1100, O1/18/2006 st 10:44 AM, RECORDING 2 PAGES
$18.5U D DOC STAMP COLLECTION $0.70 REN BURKE, CI,ERK OF COURT PINELLAS
�COUNTY, FL BY DEPUTY CLERK: CI,ImM02
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Prenar�d bv aad Retura too
D�VID R. C111CPSIt. 1►ttoxnw at Law �',
7419 U.S. Hwv. 19 � '�
New Port Richev. FL 34652-1240 ', �
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Tax Parcel # OS-29-16-25622-000-0020 -` � '-.1`�
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TAIS IpDl11TCRl, made this ��{ day of /�/OI�J'�',13e� 2005, 8lTNi�li ,---. `� �� ,','
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11VZ11TION �NGlliilltlli�i COlTSVL?�1iT3, INC., 1► 1LOitID71 CORPOft71TION, ;1�g ' t^, '_ �
6R7►laTO&* whose Post Office address is: �,i5 q mcm�t�e�J �#o�O�T�f Qppj�
cte�,ew��n� F� 337��;;�'
of the County of Pinellas State of Florida, ,�
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]1!C SOlTS=T POIIIT, LLC. 11 LL[IR'SD LI118IL=TY COI��X,�91S ` `�R7�'!'si*
whose Post Office address is: -�159 rn�„�v�j�r�.�� 20�
c2�9�u��r�,� ��'�3�7�`J
of the Couaty of Pinellas, State of Flo�fd�, `� �, �,
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IPZTN=SSSTB that said grantor, for �d '��1� considG�ation of the sum
of T8N AtdD 00/100 DOLI�ARS, and'. other_,cj�od and valuable
considerations to said Grantor,Yri har�d� sid-by said Grantee, the
receipt whereof is hereby ackuE�wled ed;�s granted, bargained and
sold to the eaid grantee, an��gra�,�ee�e Y�irs and assigns forever
the following described lari8, s�i`tyate, lying and beiag in Pinellae
County, Florida, to-wit:,'.'
� � .'.
Lot 2, THE ELRS SbB�Fl�f9fON, �� recorded in Plat Book
95, Page 90, Puh�ic��te�cords of Pinellas County, Florida.
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Subject t�o �asements;;restrictions and reservations of record.
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Su�jeet_to`x�xes and assessments for the year 2U05 and
rher��ft�e�.-' �,
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,Said Gra�ntQr`does hereby fully warrant the title to said land, and �
w,��l defe�id tfie eame againat the lawful claims of all peraona j
whL�n►soever.,
. � .
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*"Grantar" and "Grantee" are used for eingular or plural, as the
coatext requires.
iN 1PIY'NiSS 1vt�R101, Graator has hereunto set Grantor's hand and
seal the day and year first above written.
�����'� � � �
PINELLA.S COUNTY FL OFF. REC. BK 14877 PG 1101
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� Signed, aealed and delivered �VIIITZON sNGil�lisRING
CONSIILT�IP)'PS, INC.
in the pres nce of: ,�
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CODNTY Ot PIIilLL71S • ,'•
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I �itiBY CZRTI�][ that on this day, before me, �rt `o.f€ic�ei•'�dtily
I qualified to take ackaowledgmente, persoa�Tly a}�peared'�Ramran
Rouhaai to me kaown to be the person described�i"n art+�l�who executed
the foregoing inetrument and acknowl�d�ec�'�befoce �r�e that ahe
eatecuted the same. I relied upon, the �,0'1���w�g �orm of
identification of the above name8 perao� �4�,CpYi`, k�eahQ,(//
and that an oath was taken. � � � �
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�tPITNi83 my haad and official s�a3 �i�i�th� C6ixity and State laet
aforesaid this I 4� day of,�cf,0�j�jg 005. `��
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LEGAL DESCRIPTION OF PARCEL TO BE REZONED:
A PART OF LOT 1 AND LOT 2, THE ELKS SUBDIVISION, ACCORDING TO THE MAP
OR PLAT THERE OF AS RECORDED IN PLAT BOOK 95, PAGE 90 OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA, BE1NG MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, RUN THENCE N
00°32'06" E, ALONG THE WEST BOUNDARY L1NE OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS
COLJNTY, FLORIDA, A DISTANCE OF 975.85 FEET; THENCE S 89°44'22" E, 109.22 FEET
TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE
CONTINUE S 89°44'22" E, 326.70 FEET; THENCE CONTINUE S 89°44'22" E, 300.13 FEET;
THENCE S 00°18'16" W, 199.86 FEET; THENCE S 89°41'44" E, 85.00 FEET; THENCE
SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
WITH RADIUS 30.00 FEET, CHORD S 34°13'47" W, 49.79 FEET, CENTRAL ANGLE
111°08'36" FOR A DISTANCE OF 58.19 FEET; THENCE ALONG THE ARC OF A CURVE
CONCAVE TO THE WEST, RADIUS 580.00 FEET, CHORD S 19°57'29" E, 38.19 FEET,
CENTRAL ANGLE 3°46'24" FOR A DISTANCE OF 38.20 FEET; THENCE ALONG THE
ARC OF A CURVE CONCAVE TO THE WEST, RADIUS OF 580.00 FEET, CHORD S
16°22'25" E, 34.28 FEET, CENTRAL ANGLE 3°23' 14" FOR A DISTANCE OF 34.28 FEET;
THENCE S 89°41'44" E, 134.73 FEET; THENCE S 00°18'16" W, 205.93 FEET; THENCE N
89°41'44" W, 27.84 FEET; THENCE S 06°38'S4" E, 182.54 FEET; THENCE S 20°59'08" W,
21.39 FEET; THENCE S 06°38'24" E, 63.85 FEET; THENCE N 89°27'24" W, 112.29 FEET;
THENCE N 89°27'24" W, 56.35 FEET; THENCE N 16°42'35" W, 138.26 FEET; THENCE N
33°29'48" W, 86.84 FEET; THENCE N 38°12'19" W, 95.01 FEET; THENCE N 40°27'11" W,
139.45 FEET; THENCE N 46°11'23" W, 161.28 FEET; THENCE N 44°43'S5" W, 148.13
FEET; THENCE N 48°12'31" W, 157.25 FEET; THENCE N 49°41'43" W, 116.67 FEET
TO THE POINT OF BEGINNING, ENCOMPASSING 6.5707 ACRES (286219 SQUARE
FEET) MORE OR LESS.
Concept Plan Area - 6.571 acres
EXHIBI�' E 2
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INSTITUTIONAL SEC. O5, TWN. 29S. RNG. 16 �. �
�•x� � �°���T� �����°� 'y`'`'`�`'�`�!`�` INSTITUTIONAL PINELLAS COUNTY,FLORIDA Za�
P �.�„•��, P �«�� ..��•P, INSTITUTIONAL
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