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LUP2011-09003; REZ2011-09006; 2750 SUNSET POINT RD; AVIATION ENGINEERING CONSULTANTS SUNSET POINT LLC . � 2750 SUNSET POINT RD Date Received: 9/26/2011 10:54:03 AM Aviation Engineering Consultants Sunset Point, LLC � - _ ., _:�: _� .,_ �- ZONING DISTRICT: Institutional LAND USE: Institutional ATLAS PAGE: 255A PLANNER OF RECORD: CL PLANNER: Cate Lee, Planner III CDB Meetin�: December 20, 20ll Case Number: LUP20I 1-09003 Applicant: AEC (Aviation Engineering Consultants) Sunset Point, LLC Address: 2750 and 2754 Sunset Point Road A�enda Item: F.3 (Related to F.4 and F.5) STAFF REPORT LAND USE PLAN AMENDMENT I. GENERAL INFORMATION Request: To amend the present Future Land Use Map designation from Institutional (I) to Industrial Limited (IL) Location: 2750 and 2754 Sunset Point Road, located on the north side of Sunset Point Road approximately 477 feet west of Soule Road Site Area: 286,219 square feet or 6.571 acres MOL II. BACKGROUND 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 (Aviation Engineering Consultants) Sunset Point LLC. The remainder of the southern parcel (12.84 acres) is designated Preservation and Water/Drainage Feature and is not proposed to be amended. The property is comprised of two parcels and currently contains the AEC business on the northeastern parcei and a portion oi tne souinern parcei. The subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000. In 20�J, a pc�:�n of Lot 1 of the Elks �ubdivision was approved for a Futurc; - Land Use Map amendment from Institutional (I) to Residential/Office Limited (R/OL) and a Zoning Atlas amendment from Institutional (I) to Office (0). In that same year, Clearwater Elks Lodge sold that portion to C.C.I Investments, Inc. The remaining portion of Lot 1, still designated as Institutional (I), was sold to AEC Sunset Point, LLC in November 2002. In February 2003, Mr. Rouhani, owner of AEC, obtained an occupational license to operate as an office use. This license was issued in error, due to incorrect zoning and future land use designations entered into the City's permitting software, and staff thought the license was being issued for the portion of the property that had the future land use and zoning amended in 2000. Office uses are not permitted in the Institutional (I) zoning district. Mr. Rouhani has stated that the ariginal occupational license application for AEC also included the manufacturing category, but staff has been unable to locate the original copy of the occupational license. The request is to change the property's Future Land Use Map designation of Institutional (I) to Industrial Limited (IL). The applicant has indicated that the intent is to expand the existing business into a larger facility. Community Development Board—December 20,2011 -Case LUP2011-09003-Page 1 of 9 S:�Planning Department\C D BU.and Use AmendmentsU.and Use Amendments\Sunset Point 2750&27>4 LUP2011-09003-AEC Encineering\Staff Report�L,UP2011-09003 Staff Report.doc A request for rezoning of the property from Institutional (I} to Industrial, Research and Technology (IRT) and a Development Agreement, which limits the uses and development potential of the site, are being processed concurrently with this case (see REZ2011-09006 and DVA2011-10001). Community Development Code Section 4-602.B, dealing with Zoning Atlas amendments, requires an application for development approval be submitted at the same time as the Zoning Atlas amendment application. However, Planning and Development Department staff failed to require the application for development approval and determined the Zoning Atlas amendment application to be complete in December 2009 and the case was heard at the Development Review Committee (DRC) meeting held on January 7, 2010. At the DRC meeting Planning staff listed six conditions that required response for resubmittal prior to Community Development Board meeting. The applicant did not resubmit. The case was left open at the applicant's request in order to respond to case conditions at a future date. In late September 2011 the applicant's agent contacted City staff and indicated they were planning to resubmit in October and respond to case conditions, which they did on October 12, 2011. In October 2011 the applicant's agent indicated to City staff that they would submit an application for a Development Agreement in November, which they did on November 1, 2011. III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The property cunently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point Road. The southern 200 feet of the driveway that connects to Sunset Point Road is designated as Preservation and Water/Drainage Feature. Adjacent and to the east of the property are single family homes, ottices and a phone utility tacility and across Soule Koad is a large cemetery. lmmediately adjacent to the west are preservation lands owned by the applicant and beyond, in close proximity to the intersection of U.S 19 and Sunset Point Road, are various office, retail and �` residential uses. To the north is an independerif'ii'ving; assis±�d living a��c� nursing home facility, and to the south are places of worship. The general character of the immediate vicinity is institutional and residential with a small area of low intensity offices. A major wetland is adjacent to the west of the subject site, which is owned by the applicant, and creates a natural boundary from the more intensive commercial area to the east, adjacent to US Highway 19 North and the subject site. Community Development Board—December 20,2011 -Case LUP2011-01002-Page 2 of 9 S:�Planning Department\C D B�L and Use Amendments\Land Use Amendments\Sunset Point 2750&2754 LUP2011-09003-AEC Engineering\StaffReport\LUP20 1 1-09003 StaffReport.doc B. Surrounding Future Land Use and Zoning Designations � � � � � Direction Land Use FLUM Designation Zoning Atlas Desi nation North: Independent living, Institutional (I) Institutional (I) assisted living and nursin home facility East: Single family homes, Residential Low (RL) Single Family offices and phone and Residential/Office Residential (R-2) utility facility Limited (R/OL) (County) and Office (0) South: Places of worshi Institutional (I) Institutional (I) West: Preservation lands, Preservation (P), Preservation (P), offices, mobile homes, Water/Drainage Feature, Commercial Parkway self-storage and boat Residential/Office/Retail (CP-1) (County), and travel trailer sales (R/O/R), Commercial Commercial (C), and General (CG), Mobile Home Park Residential Low (MHP) Medium (RLM) and Residential/Office General (R/OG) C. Uses and Intensities Allowed by Present and Requested Future Land Use Designations � . i 1 ' � � . ' • � � � l. � � � e . � � � . � • � Primary Uses: Public/Private Schools; Light Manufacturing; Overnight Churches; Public Offices; Accommodations; Hospitals Research/Development; Wholesale; Warehouse Maximum Density: 12.5 Dwelling Units Per Acre 50 or 75 Overnight Accommodation Units Per Acre Maximum Intensity: FAR 0.65; ISR 0.85 FAR 0.65; ISR 0.85 Consistent Zoning Institutional (I) Industrial, Research and Districts: Technology (IRT) IV. REVIEW CRITERIA No amendment to the Comprehensive Plan or Future Land Use Map shall be recommended for approval or receive a final action of approval unless it complies with the standards Community Development Board—December 20,201 I -Case LUP2011-09003-Page 3 of 9 S:�Planning Department\C D B\I.and Use Amendments�i.and Use Amendments\Sunset Point 2750&2754 LUP201 I-09003-AEC Engineering\Staff Report\LUP20 1 1-09003 Staff Report.doc contained in Section 4-603.F, Community Development Code. A. Consistency with the Clearwater Comprehensive Plan [Section 4-603.F.1J 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 ecunurriic uppuriuiiiiy, iiie CICdL1UI1 ui ju�s aiiu iraitiiiig upporiutiiiics a� wcii a� iilc maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce, � -� `��t�i�'s� -•�Pv��-:,f,1:�eii� ::..U�icil and other economic developmerit orga.nizati��: a��,� "°�°--� -� "` �` - _ 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 and/or 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 future land use plan amendment would permit the expansion of the development at a scale 12 times the current size. 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 Community Development Boazd—December 2Q 2011 -Case LUP2011-01002-Page 4 of 9 S:�Planning Department\C D BU.and Use Amendments�L.and Use Amendments\Sunset Point 27�0&27�4 LUP2011-09003-AEC Engineering\Staff Report\LUP2011-09003 Staff Report.doc 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 comdor overlay on the Citywide Design Structure map. Recommended Conclusions of Law This site is located adjacent to a significant wetland with Preservation and Water/Drainage Feature designations. It is located within an area of the city that is characterized by institutional and residential uses and in close proximity to a large cemetery that is designated as a neighborhood character feature. The proposed Industrial Limited designation for the site is not consistent with any of the surrounding land use categories or existing land uses. There is no other industrial designated land anywhere within the vicinity of the site or in this area of the City and there is no rail service that can access the property. As noted above, 85 percent of the perimeter boundary is comprised of residential and residential equivalent uses and wetlands. There is clear potential based on the uses allowed by the proposed land use category to create adverse off-site impact on sunounding properties. Expansion of the current non-conforming use is not compatible with these properties. The proposed amendment is inconsistent with Policy A.2.2.4. Policy A.6.1.6, states that land use decisions in Clearwater shall support the expansion of economic opportunity, but goes on to say that this is to be implemented through the establishment of enterprise zones, activity centers and redevelopment areas. The subject site is not located within an enterprise zone, activity center or a redevelopment area, as shown in Map #A-14. Therefore, the proposed amendment is not consistent with Policy A.6.1.6. The Comprehensive Plan recognizes the significant open space and institutional character of this area surrounding the subject site. This area of the City is not appropriate for industrial land us�s. Industrial land uses are out of character with the surroundin� desigriation's on tlie Future Land Use-tV1ap as we11 as the Citywide Design structure and natural characteristics of the sunounding land. B. Consistency with the Countywide Plan Rules Recommended Findings of Fact: Section 2.3.3.6.1 of the Countywide Plan Rules states that the purpose of the Industrial Limited (IL) future land use classification is to depict those areas of the county that are now developed, or appropriate to be developed, in a limited industrial manner; and so as to encourage the reservation and use of consolidated areas for industrial and industrial/mixed-use in a manner and location consistent with surrounding use, transportation facilities, and natural resource characteristics. Section 23.3.6.1 also states that the Industrial Limited (IL) future land use classification 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, Community Development Board—December 20,2011 -Case LUP2011-01002-Page 5 of 9 S:�Planning Department\C D B�I.and Use Amendments�I.and Use Amendments\Sunset Point 2750&2754 LUP201 I-09003-AEC En�ineering\Staff Report\LUP20 1 1-09003 Staff Report.doc as well as mass transit. The subject property is located on the north side of Sunset Point Road (a minor arterial road), between US Highway 19 (an arterial road) and Soule Road (a local major street). To the north of the subject property is an independent living, assisted living and nursing home facility, to the south are places of worship, to the east are single family homes, offices and phone utility facility and to the west are preservation lands. The subject site is bounded by a wetland, residential uses, and some office uses, in an unusually configured 6.571 acre subject site. Recommended Conclusions of Law The portion of the property considered under this amendment is situated between the Preservation wetland to the west and residential and low intensity office uses to the east. As such, it is not consistent with the surrounding uses or natural resource characteristics as it is located contiguous to designated Preservation and residential property on the Future Land Use Map. The property is not of sufficient size to encourage an industrial park anangement, nor is it an integrated industrial/mixed-use project. Furthermore, no adjacent land uses are industrial in nature, as they primarily consist of offices, residences, and institutional uses. C. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-603.F.3 and Section 4-603.F.6] Recommended Findings of Fact: Immediately adjacent to the subject site is preservation land, independent living, assisted living, and nursing home facility, single family homes, places of worship, offices, and phone utility facility. The future land use designations of these properties include Preservation (P), Institutional (I), Residential Low (RL), and Residential/Ottice Limited (R/OL). Further west, beyond the preservation land, are various office, retail and residential uses. The future land use designations of these properties include - Residential/Office General (R/OG), Residential Low� Me�iurri (R��,I�), Commercial ' General (CG), and Residential/Office/Retail (R/O/R). Between this more commercial area and the subject property is the Preservation land, which serves as a dividing buffer to the institutional uses to the east. The proposed manufacturing use on the subject property is not compatible with the immediately adjacent properties and neighborhood. The area is institutional and residential in nature. In addition, Sylvan Abbey Memorial Park is designated as a Neighborhood Character Feature (Map A-14: Citywide Design Structure}. The proposed Industrial Limited (IL) future land use categary permits 50 to 75 overnight accommodation units per acre and a floor area ratio (FAR) of 0.65. The future land use designations of surrounding properties include: • Institutional (I) (12.5 Dwelling Units Per Acre; FAR 0.65) • Preservation (P) (FAR 0.10) • Residential Low (RL) (5 Dwelling Units Per Acre; FAR 0.40) • Residential Low Medium (RLM) (10 Dwelling Units Per Acre; FAR 0.50) • Residential/Office Limited (R/OL) (7.5 Dwelling Units Per Acre; FAR 0.40) Community Development Board—December 20,2011-Case LUP2011-01002-Page 6 of 9 S:�Planning Department\C D B�L.and Use Amendments�l.and Use Amendments\Sunset Point 27�0&2754 LUP2011-09003-AEC Engineering\Staff Report\LUP20 1 1-09003 Staff Report.doc • Residential/Office/Retail (R/O/R} (18 Dwelling Units Per Acre; FAR 0.40) • Residential/Office General (R/OG} (15 Dwelling Units Per Acre; 0.50) The Industrial Limited (IL) future land use classification request is not consistent with the majority of surrounding future land use classifications that exist in the vicinity of the subject property. Recommended Conclusions of Law Although the applicant is proposing Restrictive Covenants that will limit the allowed uses of the property, manufacturing and outdoor storage are not among the uses proposed to be prohibited. The proposal to limit, by Restrictive Covenants, a plurality of allowable uses contained in the Industrial Limited (IL) category suggests inherent incompatibilities. In suminary, the proposed future land use designation is not in character with the overall Future Land Use Map designations in the area. The proposal is not compatible with surrounding uses nor is it consistent with the character of the surrounding properties and neighborhood. D. Sufficiency of Public Facilities (Section 4-603.F.5] Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations is typically analyzed. However, in this situation, since the present and requested designations allow the same floor area ratio in �c� • •n 7-------- �----__ • ii----�-�- �----�--------` IV.OJ� A I:VIIl�QI1SU11 W111 S11UW llU 1:11�L11�C 111 Q1IUWQUIC UCVCIU�I11Clll. As shown in Table 1 below, the potential additional maximum daily trips associated .,.rwit,h the requested amendment t� the Indu��ria� Li�nite� .(IL� Fu*�.i?-e Lar�' LTse _ . _ ,, . . � designation would not lower the operating level of service for Sunset Point Road. Community Development Board—December 2Q 201] -Case LUP201 I-01002-Pa;e 7 oT 9 S:\Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 27�0&27�4 LUP2011-09003-AEC En�ineering\Staff Report�L,UP20 1 1-09003 Staff Report.doc __ _ ___ _ _ _ Table 1: Maximum Potential Traffic Sunset Point Road Existing Current Proposed Net (McMullen Booth Road to US 19) Conditions FLUMI FLUM2 New Tri s Potential Additional Maximum Daily Tri s N/A 1,262 1,170 -92 Potential Additional M�imum PM Peak N/A 120 111 -9 HourTri s3 Roadway Volume 16,130 17,392 17,300 -92 Roadway Level of Service PM Peak Hour B B B Ado ted Roadway Level of Service Standard D Peak Hour Abbreviations and Notes: N/A=Not Applicable. FLUM=Future Land Use Map,Clearwater Comprehensive Plan. 1. Based on PPC calculations of 192 trips per day per acre in the Institutional(I)future land use category. 2. Based on PPC calculations of 178 trips per day per acre in the Industrial Limited(IL)future land use category. 3. Based on MPO K-factor of 0.095. 4. Source:Pinellas County Metropolitan Planning Organization 2010 Level of Service Report. 5. Based on a comparison between the Pinellas Counry Metropolitan Planning Organization 2010 Level of Service Report and the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Recommended Conclusions of Law Based upon the findings of fact, it is determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. Since the present and requested designations allow the same floor area ratio an amendment would yield no change in levels of service to potable water, wastewater,parkland,recreation facilities, public school facilities and mass transit. E. Impact on Natural Resources [Section 4-603.F.5] _: ;,�, . ,.. ,. RPcotnmen,�d Findings of Fact.• . , _��.�._ _ _ . A large porYion (12.8� acres) of the western parcel has a Future Land Use Pv1ap designation and Zoning Atlas category of Preservation (P) and Water/Drainage Feature. This same portion is designated by three maps in Comprehensive Plan as Wetland Forested Mixed (Map A-8), Bay Swamp (Map A-9) and in the 100 year floodplain (Map A-10). Since wetlands are present on the property, a jurisdictional wetland survey is required for development of the site. The Community Development Code (Section 3- 907) requires a vegetative buffer adjacent to Preservation district parcels or jurisdictional wetlands. The portion of the property that is requesting the amendment gains access to Sunset Point via a driveway that goes through this land designated as Preservation. Recommended Conclusions of Law Based on current information, wetlands appear to be located on the western parcel of the subject property. In addition, this same portion is designated as Bay Swamp and 100 year floodplain in the Comprehensive Plan. Development of land for industrial uses is not appropriate adjacent to Preservation designated property. At the time of development, the proposed development is required to be compliant with the City's tree preservation and storm water management requirements. Community Development Board—December 20,2011 -Case LUP2011-09003-Page 8 of 9 S:�Planning Department\C D B\Land Use Amendments\Land Use Amendments\Sunset Point 2750&2754 LUP2011-09003-AEC En�ineerin�\Staff Report\LUP2011-09003 Staff Report.doc V. REVIEW PROCEDURE Approval of the Future Land Use Map amendment does not guarantee the right to develop the subject property. The Future Land Use Map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. The property owner must comply with all laws and ordinances in effect at the time development permits are requested. VI. RECOMMENDATION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the request for Future Land Use Map amendment from the Institutional (I) classification to the Industrial Limited (IL) classification. � � � Prepared by Planning & Development Department staff: `v� � Catherine Lee Planner III Attachments: Resume n.....i:,.,..:..�.. c,._�...,,..,, r a r T.,,, ni„� n....,,�a...,,�+ li�./�/ll�.[1L1V11 1V1 1 UlU1G LR11LL VJG 1 1C111 11111G11U1llGlll Location Map Aerial Photograph of Site and Vicinity Future Land�ise N<a�, Zoning Map Existing Surrounding Use Map Site Photographs Community Development Board—December 2Q 2011 -Case LUP2011-01002-Page 9 of 9 S:�Pianning DepaRment\C D B�L.and Use Amendments�L,and Use Amendments\Sunset Point 2750&27�4 LUP2011-09003-AEC Engineering\Staff Report�I.UP201]-09003 Staff Report.doc � , < ;;. 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AERIAL PHOTOGRAPH Owners: Aviation Engineering Consultants Sunset Point, LUP2011-09003 LLC CaSe: ; REZ2011-09006 DVA2011-10001 ; TOTAL PROPRTY SIZE: 19.42 Site: 2750 & 2754 Sunset Point Road Property i ACRES Size(Acres): � PORTION INCLUDED IN ; REQUEST: 6.57 ACRES Land Use Zoning � A PORTION OF 05-29-16- PIN: I 25622-000-0010 and From : I I ' 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A S:�Planning Departrnant\C D B�Land Use Amendmencs�i,and Use Amendmenls�Sunset PoiN 2750&2754 LUP201 I-09003-AEC En�neenng�Maps�1.UP2011-09003.REZ2011- 09006.DVA201I-10001 Azn;d Photograph.doc � �� i � k „ F� . �,.. , . _�. . °�. �s= , �� ,. a � � : R a�14�,. _ .�,,:_ . e �� .. . . „ �,.: � �� _ — —."`- ' �. . �....� w,_�_.__ . � �. �� ,. ner �., �y r ,,a ;�,� -.. a � 6� ' ' - « ,,�., " �C�^�. f.�7`i� �,, ��`»�'3`�� , - '� `,.� ..,_�C... _ .� .�.,. -._..A,..; ..,� ,..�,....� � , ��-^�^'�' _ _ � ,.Ap��,* � .� T. - . +�ti4Y64:° . . � - ... �.--: �x-�,,,t -_ a r" �.�v.�� " ,;,a. � 3 � .- ..� +.��,. .. . .;�+s ?�S?` . " . ._ .. .., . :�. .. -..,,.3-�._ _ ° View looking north at the subject parcel,2750 Sunset Point Road View looking north at the subject parcel,2754 Sunset Point Road a�.-�,�-n'�`�'��... } ,� �.,, . , , � . f�� a.�. . � � -a �_ _ �. , . ,_ _�. �_. ,_ � . , y r, »;�� ' t f�' F � . • � ,..,,.��. � , .�-, ° �, �.�A-:. ,_.� � .._ . . _ - � �rr � '„ ` �` . .,. __ ___.___._._ °��'�� - � �t.. �� ,_ �. West of tl�c subject property,Preservation land �Vest of the subjcct pro�erty,office .� , � _; � � ��.�� ,. � � �� d_ � ..,e � . ,_ " , , s � 'k. r � �� " ! 7.'.'' ! . . m_ .. �.�_ � �<„. _ �� w.�.. �,� > .. � �y..�r � � t _ � _ �:� 4 „ �w � � <_ ., .,. �� < _,.. r..��. ,.. , . .. ._ �...L ,s � -�. �� ,�`�� & r-a:ub`., Mt .. �� ... � :��. " _ s,. 1 .. ._,.� ......, :.. � � . 3.kJ: �f� � .G ��.<['Q°'!�r.h � '�' . .. . .�,,. ,e. ., e. .,.:S..,. �.d.. � `. .�� . ��`x`i .,. -' ��, ..Y, ��°.. ... � - .. . �.�.a.�n'��' x . . �_ _ � �lro s;�:; vr . _,,:�. ` . . . _. .. , .%sj k� �' .. ; � n ' • �_ "- .t ,v a-- a.. s+r+^�' �rv r�w � . . . . . ,.,:: . : w. _.. ..y.. . .�1'.v. ._ ...... East of the subject property, single family homes, vie�v from subject site East of the subject property,single family homes,view from Robinwood Drive entrance LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point,LLC 2750 and 2754 Sunset Point Road <, �'" , . . � �. .. . . - r' i� �s:�1*�''�. 9 : ;. , ' � -. �... ;. � .. . ..- .. . . ._. ., . � � , , � . � � �E � � . .< �� y� � _.,, . .. , .. r,. . _ "�'---- _ . � ,. . , . _.. ' _:�' �`�SF.ar.i4, . ��. �.�. � .. �, . . ' i~ .o wr �. _'T�` �, � � ' � - � � _ � � t��+! � 3� � �� . �' '� � ' � � � � , ,.. . I ' .�°.� � .„ I �"� . •, � . -. � .,� ,.. -^�z� �.�..s '°�rt''-=- � _ � -'�^'�-,� �_ �_ ",# _ �. ��K, _, _ . . . .. ..."?-;�_ �°�'`.°r . �� ,. � .'�'-. .. <a,.+x; East of the subject property,offices East of the subject property,phone utility facility ,;, ��{ '�r�,�' '�, ,.��r. « s.�; �� .��` ..a� �t .* ,w. 3,4�h� _ , � y � n -:•' . . .�:ti ��.��.. � �� .t... .,,y.. . .. . .. . � . �.. 1._ , ,.. , .,. ..:. .. �e:� .. .� ,.. . :.. 9"a � '�;,..� $, k .� ;�'d' ' ii .7 }�� «I�� I �I�i� �s� F ��' �� t-r . � 1 .;� ; , ; . ,. ,�� ` � 4.. - � �. �.x,; ;�, �� b ' : ..- �� ... . p. _. �. : ' t �._ �e -' -. � . . .�, ! -- '"� . .rw �-----; � , ._ �, _ , .: : �•�� °°� "° .� �,� �. ,�,� �". �,.�. .-. � , A �� . . . . .� �r - '-�,.-. „ ?=�"+`. d �' �v � ,� '`"`' � �� i�,.� �r _� � r. � Across street,to south of the subject property Across street,to south of the subject property ;� , � n , � __ --.�.�.��! .� ,, ,. -----_— + a :�,�,,,.,,�-----" .�. w ,s�>, �. _ � � '` `r,�r i �. �� i a�m,�y'�r,.`�� a. r _ �_ � ,. � .s,1, ._ .t -� ro � .�. ,� -. �.� � � �..,�,� �� a��,e.. ' � F _ , � � ,� ,. ._ : _ ,�. View lookinb easterly along Sunset Point Road View looking westerly along Sunset Point Road LUP2011-09003, REZ2011-09006 & DVA2011-10001 AEC Sunset Point,LLC 2750 and 2754 Sunset Point Road Catherine Lee, LEED Green Associate 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4557 catherine.lee(rr�myclearwater.com PROFESSIONAL EXPERIENCE • Planner III,Long Range Division October 2010 to Present • Planner II,Long Range Division November 2008 to October 201 D 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 Department, Brigham 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 Department, Brigham Young University, Provo, Utah January 2007 to Decernber 2007 Explained North Americar_lanc�u�e�,a��:rrs an3;,�nce,�ts t�st�a�?er.;:�, ;:�cluding 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 .. . . . . .. I.r'..__ .:..:_..a...;�.....e....m;.. ..a_:`.,. 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'; .. ...... =:-:�;.. f Yri ,� ti �� : ZONING MAP Aviation Engineering Consultants Sunset Point, LUP2011-09003 Owners: LLC Case: I REZ2011-09006 DVA201 1-1 0001 j TOTAL PROPRTY SIZE: 19.42 Site: 2750 8. 2754 Sunset Point Road Property j ACRES Size�Acres): � PORTION INCLUDED IN REQUEST: 6.57 ACRES Land Use Zoning A PORTION OF 05-29-16- PIN: 25622-000-0010 and From : I I 05-29-16-25622-000-0020 To: IL IRT Atlas Page: 255A S:�Planning Department\C D BU,and Use Amendmmu�Land Use Amendments�Sunset Poim 2750&2754 LUP2011-09003-AEC Engneenng�Maps�1.UP2011-09003,REZ2011- 09006,DVA201 I-10001'Loning Map.doc T � o aaj • " < • � � . � . � . � � , i � � � � Y , ♦��r�ilr�ri�L'iii�iJ.I'�"bia• b- ♦f�1��• ♦��1��• t •��1��♦ ♦��1��1��.��1��l� �.� � ' � � s •��s��*s�r��• ( � ; . �- �i0`�O'�OOOOsOi�O's�is�'�'O�'OOPO�00' '.. •��.��•� . � ¢ •��..i •��• s . ��+��:►��'��'�'�'�+��'�'��:� • 1 ti 4 +0 �i:i� �i�i�i�i'Oi�i�'Oi'Oi00�i'��i�i`Ji�i 4 ♦��• ♦�� • F : ' t�6rF D ' ��l��s f��a�� . •��s��s�• � ,�..,��.�..��.��..a. ...........�.......• ��: � '0..000•.O'.O❖.0000•O.O•. � ♦.��♦ `�5 - •.-°•-e.❖..eee.e❖.❖. v.................• i.� �I �°Fr .....s•.....•...•. ..•.............. ......................� ....................... ♦��1��f��11��♦ ♦��1��1�� ♦��1��♦ �� 1��l�� 1 1 1 '�DO'�'O�'�'O��i'��i'O�'�O'�`�' ♦��s�� •��• � �i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i I ♦��s. •�s�•.��•��• ��.�.�•�.�.�•�.�.�.�... .a •��• �� i�iO�i�i'�'+�Di'O••�� 1 1 !��i�i'i�i`i�i0��'i'�� -z�� •�s��• R7 �.r ♦�� ►��i�i�i�i�i�i�i�i�s�i ' •'L. ��s�� Gl�. g,.,_ � � •s��• veeaa+,�4!� ......... �7. .......... �� ,........ �C ........ ...._.... ...,,,... � o❖.•.:.❖c � ��i�i�i�i�i�i�i ✓p' � �.��w��.� s.r � I � � , �� 1` �;� �� s _ y • • . - , �� _ � s -�.,r,� ' � � � ,; � �� , � � � � � �_ ..�,� � � � �i `•c�.p:, . ` � �� ;�, J.a. . . . . � . • • • - • • • - '• ' 1 1•1� • - • ' � 1•��. � • � 11� • •�• ' •�- - 1 . - '• '��• - - '�' • � � � • • • • •�' • • 1 ' . . 111 �1 � • • • 1 • . . 111 11 1 • • '��- � � : �: � �•�� •�� .� � �� December 9, 2011 Dear Members of the City Council and Community Development Board, I am writing to express my support for the re-zoning applicarion and proposed Development Agreement with Aviation Engineering Consultants ("AEC"). A.EC's proposed expansion of its cunent site on Sunset Point Road is the kind of economic catalyst the City should be eager to support and accommodate. AEC's proposal will add between 350 and 400 high-paying jobs to Clearwater's economy. More importantly, supporting AEC's re-zoning and Development Agreement will keep the quality jobs AEC already provides in Clearwater instead of losing them to a more accommodating"business-friendly" locale. AEC's plans, and its application for light industrial zoning, fit the quality and character of the location and are consistent with Clearwater's lang-term vision. AEC is proposing a positive and significant re-investment in the City of Clearwater; the City should support AEC's efforts to expand and keep its business in Clearwater and send the signal to other businesses that Clearwater is eager to accommodate positive re-investments in our community. Sincerely, ---� ;�'_ �- �--�� Brian A gst, Sr. Former Mayor of Clearwater(1999-2005) � 2750 SUNSET POINT RD Date Received: 9/26/2011 11 :22:33 AM Aviation Engineering Consultants Sunset Point, LLC 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: REZ2011-09006 Applicant: AEC (Aviation Engineering Consultants) Sunset Point, LLC Address: 2750 and 2754 Sunset Point Road A�enda Item: F.4 (Related to F.3 and F.5) STAFF REPORT ZONING ATLAS AMENDMENT I. GENERAL INFORMATION Request: To amend the Zoning Atlas designation from the Institutional (I) District to the Industrial, Research and Technology (IRT) District Location: 2750 and 2754 Sunset Point Road, located on the north side of Sunset Point Road approximately 477 feet west of Soule Road Site Area: 286,219 square feet or 6.571 acres MOL II. BACKGROUND 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 (Aviation Engineering Consultants} Sunset Point LLC. The remainder of the southern parcel (12.84 acres) is designated Preservation and Water/Drainage Feature and is not proposed to be amended. 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 subject site was formerly owned by the Clearwater Elks Lodge and operated as such until 2000. In 2000, a portion of Lot 1 of the Elks Subdivision was approved for a Future Land Use Map amendment from Institutional (1) to Residential/Office Limited (R/OL) and a Zoning Atlas amendment from Institutional (I) to Office (0). In that same year, Clearwater Elks Lodge sold that portion to C.C.I Investments, Inc. The remaining portion of Lot 1, still designated as Institutional (I), was sold to AEC Sunset Point, LLC in November 2002. The request is to change the property's Zoning Atlas designation of Institutional (I) to Industrial, Research and Technology (IRT). The applicant has indicated that the intent is to expand the existing business into a larger facility. A request for a Future Land Use Map amendment of the property from Institutional (I) to Industrial Limited (IL) and a Development Agreement, which limits the uses and development potential of the site, are being processed concurrently with this case (see LUP2011-09003 and DVA2011-10001). Community Development Code Section 4-602.B, dealing with Zoning Atlas amendments, requires an application for development approval be submitted at the same time as the Zoning Atlas amendment application. However, Planning and Development Department staff failed to require the application for development approval and determined the Zoning Atlas amendment application to be complete in December 2009 and the case was heard at the Development Review Committee (DRC) meeting held on January 7, 2010. At the DRC meeting Planning staff listed six Community Development Board—December 20,2011 -Case REZ2011-09006-Page 1 of 8 S:\Planning Depanment\C D B�Zoning Atlas Amendments\REZ 2011\Sunset Point Rd 27�0&2754 REZ2011-09006-AEC Engineering\Staff Report\REZ2011-09006 Staff Report.docY conditions that required response for resubmittal prior to Community Development Board meeting. The applicant did not resubmit. The case was left open at the applicant's request in order to respond to case conditions at a future date. In late September 2011 the applicant's agent contacted City staff and indicated they were planning to resubmit in October and respond to case conditions, which they did on October 12, 2011. In October 2011 the applicant's agent indicated to City staff that they would submit an application for a Development Agreement in November, which they did on November 1, 2011. III. SITE AND VICINITY CHARACTERISTICS A. Site Characteristics The property currently has two buildings (6,840 square feet and 3,664 square feet), one on each parcel, with small parking lots and driveways to the buildings, which traverse the length of the property and connect to Sunset Point Road. The southern 200 feet of the driveway that connects to Sunset Point Road is designated as Preservation and Water/Drainage Feature. Adjacent and to the east of the property are single family homes, offices and a phone utility facility and across Soule Road is a major cemetery. Immediately adjacent to the west are preservation lands owned by the applicant and beyond, in close proximity to the intersection of U.S 19 and Sunset Point Road, are various office, retail and residential uses. To the north is an independent living, assisted living and nursing home facility, and to the south are places of worship. The general character of the immediate vicinity is institutional and residential with a small area of low intensity offices. A major wetland is adjacent to the west of the subject site, which is owned by the applicant; and creates a natural hounclary from thP m�rP 1T1tP11C1VP commercial area to the east, adjacent to US Highway 19 North and the subject site. B. Surrounding Future Land Use and Zonzng I?esigr�ations � � i Direction Land Use FLUM Designation Zoning Atlas Desi nation North: Independent living, Institutional (I) Institutional (I) assisted living and nursin home facility East: Single family homes and Residential Low (RL) and Single Family Residential offices Residential/Office Limited (R-2) (County) and Office (R/OL) (0) South: Places of worship Institutional (I) Institutional (I) West: Preservation lands, Preservation(P), Water/Drainage Preservation (P), offices, mobile homes, Feature, Residential/Office/Retail Commercial Parkway self-storage and boat (R/O/R), Commercial General (CP-1) (County), and travel trailer sales (CG), Residential Low Medium Commercial (C), and (RLM) and Residential/Office Mobile Home Park General (R/OG) (MHP) Community Development Board—December 20,2011 -Case REZ2011-01002-Page 2 of 8 S:\Planning Department\C D B�Zoning Atlas Amendments�REZ 201 I\Sunset Point Rd 2750&2754 REZ20l 1-09006-AEC Engineering\Staff Report\REZ2011-09006 Staff Report.docx IV. REVIEW CRITERIA No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. A. Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and City Regulations [Section 4-602.F.1 and 4- 602.F.2] Recommended Findings of Fact: Applicable goals, objectives and policies of the Clearwater Comprehensive Plan which are not supportive of the proposed amendments include: Policy A22.4 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 g?ve 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 as 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 and/or 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 Community Development Board—December 2Q 2011 -Case REZ2011-01002-Page 3 of 8 S:�Planning Department\C D B�Zoning Atlas Amendments\REZ 2011\Sunset Point Rd 27�0&2754 REZ20l 1-09006-AEC Engineering\Staff Report\REZ2011-09006 StafY Report.docx taking place at the site for some time, the proposed future land use plan amendment would permit the expansion of the development at a scale 12 times the current size. 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 This site is located adjacent to a significant wetland with Preservation and Water/Drainage Feature designations. It is located within an area of the city that is characterized by institutional and residential uses and in close proximity to a large cemetery that is designated as a neighborhood character feature. The proposed Industrial, Research and Technology designation for the site is not consistent with any of the surrounding zoning categories or existing land uses. There is no other industrial designated land anywhere within the vicinity of the site or in this area of the City and there is no rail service that can access the property. As noted above, 85 percent of the perimeter boundary is comprised of residential and residential equivalent uses and wetlands. There is clear potential based on the uses allowed by the proposed land use category to create adverse off-site impact on surrounding properties. Expansion of the current non-conforming use is not compatible with these properties. The proposed amendment is inconsistent with Policy A.2.2.4. Policy A.6.1.6, states that land use decisions in Clearwater shall support the expansion of economic opportunity, but goes on to say that this is to be implemented through the establishment of enterprise zones, activity centers and redevelopment areas. The subject .site is not located within an enterprise zone, activity center or a redevelopment ar�a, as - � , . shown in Map #A-14. Therefore, the proposed amendment is not consistent with Policy A.6.1.6. The Comprehensive Plan recognizes the significant open space and institutional character of this area sunounding the subject site. This area of the City is not appropriate for industrial land uses. Industrial land uses are out of character with the surrounding designations on the Future Land Use Map as well as the Citywide Design structure and natural characteristics of the surrounding land. B. Compatibility with Surrounding Property/Character of the City & Neighborhood [Sections 4-602.F.3 and 4-602.F.4] Recommended Findings of Fact: Immediately adjacent to the subject site is preservation land, independent living, assisted living, and nursing home facility, single family homes, places of worship, offices, and phone utility facility. The zoning designations of these properties, City and County, Community Development Boazd—December 2Q 20l 1 -Case REZ2011-01002-Page 4 of 8 S:�Planning Department\C D B�Zoning Atlas Amendments\REZ 2011\Sunset Point Rd 2750&2754 REZ20l 1-09006-AEC Engineering\Staff Report\REZ201 I-09006 Staff Report.docx . include Preservation (P), Institutional (I), Single Family Residential (R-2) (County), and Office (0). Further west, beyond the preservation land, are various office, retail and residential uses. The zoning designations of these properties, City and County, include Commercial Parkway (CP-1) (County), Commercial (C), and Mobile Home Park (MHP). Between this more commercial area and the subject property is the Preservation land, which serves as a dividing buffer to the institutional uses to the east. The proposed manufacturing use on the subject property is not compatible with the immediately adjacent properties and neighborhood. The area is institutional and residential in nature. In addition, Sylvan Abbey Memorial Park is designated as a Neighborhood Character Feature (Map A-14: Citywide Design Structure). The proposed Industrial, Research and Technology (IRT) District primarily permits manufacturing, publishing and printing, research and technology, self storage, TV/radio studios, and wholesale/distribution/warehouse facility. Only the self storage use is also found on one of the sunounding properties, to the far west, while the other primary uses allowed in this district are not found adjacent to or in the general vicinity of the subject property. Recommended Conclusions of Law The proposed Zoning Atlas designation will allow uses that are not consistent with existing institutional, residential, office and preservation uses in the vicinity of the subject property. As such, the proposed amendment will allow development that is not in character with the surrounding area. Although the applicant is proposing Restrictive Covenants that will limit the allowed uses of the property, manufacturing and outdoor storage are not among the uses proposed to be prohibited. The proposal to limit, by Restrictive Covenants, a plurality of allowable uses contained in the Industrial, Research wTll� TP�r,hnnlnav (TRTI rataanrv �iwaor ctc �nharPnt :nrnrr;r�atihilitiPc b> \""/ ..b..'J bb...,.., r.................. C. Sufficiency of Fubtic Facilities [Section 4-6��.F.S] � � � Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested Future Land Use Map designations is typically analyzed. However, in this situation, since the present and requested designations allow the same floor area ratio (0.65) a comparison will show no change in allowable development. The Trip Generation Comparison in Tables 1 and 2 below indicate the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 8�h Edition. A manufacturing use currently exists at the site, but is a nonconforming use in the current Institutional zoning district. Expansion of nonconforming uses are prohibited by the Community Development Code, therefore the applicant is requesting this Zoning Atlas amendment. So, in this case, the current and proposed use is the same, but the scale of the use varies. Table 1 shows that there would be a net increase in PM Peak Trips when comparing the current development with the maximum that would be allowed under the Communiry Development Board—December 20,2011 -Case REZ2011-01002-Page�of 8 S:\Planning Department\C D B�Zoning Atlas AmendmentsUZEZ 20]1\Sunset Point Rd 27�0&2754 REZ2011-09006-AEC Engineering\Staff Report�REZ2011-09006 Staff Report.docx f proposed zoning district and under the proposed Development Agreement. However, the increase would not trip the thresholds for a traffic impact study. Table 2, which uses employees as the independent variable, shows that there would be a net increase in PM Peak Trips that would trip the threshold for requiring a traffic impact study. This study will be required by Traffic Operations upon submittal of a development application. While square footage is the most commonly used independent variable when analyzing potential traffic impacts, analyzing the impact by number of employees is appropriate for this manufacturing use since almost all traffic to the site is generated by employees. This is very different from retail uses, which generate traffic based on inventory display area, or office uses, which generate traffic based on floor area that is filled with offices. In contrast, for this manufacturing use, the employees generate the traffic, not the amount of square footage available for machines, the material supply storage, or produced parts storage. Table 1: Trip Generation Comparison by Zoning Atlas Designation PM Net Development A�g' Change Peak pM Peak Change Land Use potential Da��y Avg Daily Trips Trips PM Trips Trips Avg Peak Rate Tri s Existin Desi nation: Institutional District Existing Manufacturing 10,504 SF 40 N/A 0.73 8 N/A (3.82 trips/1,000 SF GFA) Pro osed Desi nation: Industrial,Research and Technolo District Manufacturing (3.82 186,051 SF 711 671 0.73 136 128 tri s/1,000 SF GFA) Permitted throu h Develo ment A reement DVA2011-10001 _ Manufacturing (3.R2 130,000 SF4 497 457 0.73 95 R? tri s/1,000 SF GFA) Abbreviations and Notes: N/A=Not Applicable SF= Square Feet GFA=Gross Floor Area 1. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 140. 2. The total square footage of the two buildings given by the Pinellas County Property Appraiser. 3. Total gross floor area ratio permitted by the underlying IL Future Land Use Map category is 0.6�. 4. DVA2011-10001 limits development of the subject site to 130,000 square feet of manufacturing space. Community Developmen[Board—December 2Q 201 l -Case REZ2011-01002-Page 6 of 8 S:\Planning Department\C D B�Zoning Atlas Amendments\REZ 201 I\Sunset Point Rd 2750&2754 REZ2011-09006-AEC Engineering\Staff Report\REZ20 1 1-09006 Staff Report.docx Table 2: Trip Generation Comparison by Number of Employees PM Net Avg. Net peak Change Land Use Employees Daily Change Trips PM Peak PM Trips Avg Daily A�g Trips peak Trips Rate Tri s Existin Develo ment Existing Manufacturing 1 S 32 N/A 0.36 5 N/A 2.13 tri s/ er em lo ee) Pro osed Develo ment Manufacturing (2.13 355 SF 756 724 0.36 128 123 tri s/ er em lo ee) Abbreviations and Notes: N/A=Not Applicable 1. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 140. 2. The current Business Tax Receipt in City permitting software indicates Aviation Engineering Consultants has 1S employees. 3. Exhibit B,submitted in support of the Zoning Atlas amendment application, indicates the future facility will accommodate 355 employees. Recommended Conclusions of Law Based upon the findings of fact, it its determined that the traffic generated by the proposed amendment will not result in the degradation of the existing level of service on Sunset Point Road. The traffic generated by the proposed amendment will require a traffic impact study, to be provided at the time an application for development approval is submitted. Since the present and requested designations allow the same floor area ratio an amendment would yield no change in levels of service to potable water, ��- wastew�ter;.�arkland,recreation facilities, public school facilities and n�ass t.r��?.c�t. . . . D. Location of District Boundaries (Section 4-602.F.6] Recommended Findings of Fact: The location of the proposed Industrial, Research and Technology (IRT) District would introduce a new district in this area and is not compatible with the nursing home use to the north, residential uses to the east, place of worship use to the south, and preservation lands to the west. Recommended Conclusions of Law The Industrial, Research and Technology (IRT) District is inappropriate in this location. Community Development Board—December 20,20ll -Case REZ20ll-09006-Pa�e 7 of 8 S:\Planning Department\C D B�Zoning Atlas Amendments\REZ 2011\Sunset Point Rd 2750&27�4 REZ2011-09006-AEC Engineering\Staff Report\REZ2011-09006 Staff Report.docx v V. REVIEW PROCEDURE Approval of the Zoning Atlas amendment does not guarantee the right to develop the subject property. The property owner must comply with all laws and ordinances in effect at the time development permits are requested. VI. RECOMMENDATION Based on the foregoing, the Planning and Development Department recommends the following action: Recommend DENIAL of the request for Zoning Atlas amendment from the Institutional (I) District to the Industrial, Research and Technology (IRT) District. � j _�1 r Prepared by Planning& Development Department staff: v �� Catherine Lee Planner III Attachments: Resume Application for Zoning Atlas Amendment Location Map Aerial Photograph of Site and Vicinity _. . . ._FL�t��c�,�,and Lise Map __ ,___� . Zoning Map Existing Sunounding Use Map Site Photographs Community Development Boazd—December 2Q 2011 -Case REZ2011-09006-Page 8 of 8 S:�Planning Department\C D B�Zoning Atlas Amendments\REZ 20l 1\Sunset Point Rd 2750&2754 REZ201 I-09006-AEC Engineerin�\Staff Report\REZ201 I-09006 StaYf Report.docx �,�- G�� -P�� I - l o �o � . � �� i�, �.�� I -�� - 2750 SUNSET POINT RD Date Received: 9/26/2011 10:54:03 AM Aviation Engineering Consultants Sunset Point, LLC ZONING DISTRICT: Institutional LAND USE: Institutional ATLAS PAGE: 255A PLANNER OF RECORD: CL PLANNER: Cate Lee, Planner III SE�� CITY OF CLEARWATER �� r� �'� h� � �`,c. APPLICATION FOR ZnNING ATLAS AMENDMENT �� ~ �' �`' ' Q PLANNING DEPARTMENT ;- '.r'�°� � = � MUNICIPAL SERVICES BUILDING, l00 SOUI'H MYRTLE AVENUE,2"dFL,OOR �,��y,,,r`� ,��A��0 PHONE(727)�62-4567 FAX(727)�62-4576 APPLICANT, PROPERTY OWNERS,AND AGENT INFORMATION: APPLICANT NAME: Aviation Engineering Consultants Sunset Point, LLC., Kamran Rouhani `^� � . (�/-� � MAILING ADDRESS: 2159 McMullen Booth Road, Clearnrater, Fiorida 33759-1418 [J -� O PHONE NUMBER: 727-723-1332 FAX NUMBER: N/A � � � 0 n 1 —.. ✓ PROPERTY OWNERS: Aviation Engineering Consultants Sunset Point, LLC., Kamran Rouhani _, C � (List all owners) (There is Only the One Owner) 0 �� lV AGENT NAME: Scientisis and Engineers, Inc. Paul E. Hagler, P.E., and/or Roger A. Shinholser �� MAILING ADDRESS: 1280 Heather Ridge Boulevard, Dunedin, Florida 34698 � PHONE NUMBER: 727-738-9025 FAX NUMBER: 727-738-9505 C� SITE INFORMATION: LOCATION: Approximatelv.3 miles East of the Intersection of US 19 and Sunset Point Road on the North side of Sunset Point Road sTREET,aDORESS: 2750 and 2754 Sunset Point Road LEGAL DESCRIPTION: Pfease See Attached Exhibit A PARCEL NUMBER: 05/29/16/25622/000/0010 and 05/29/16/25622/000/0010 EXISTING ZONING: Institutional(I) PROPOSED ZONING: Industrial, Research,and Technology(IRT) LAND USE PLAN CLASSIFICATION: Institutional(I) (An application is submitted requestinq a chanpe to Industrial Limited) SIZE OF SITE: 7.103 Acres Requested for the Change of Zoninct (The remaininq 12.305 shall remain Preservation REASON FOR REQUEST: To allow an existing use to be conforming to allow for the expansion of the business to create additional high paying jobs. 1, the undersigned, acknowledge that ail STATE OF FLORIDA,COUNTY OF PINELLA representations made in this application Sworn to and subscribed before me this_�day of are true and accurate to the best of my ��.�Gc:'E-wi�`� , A.D.,,,'1�'1.�G`� t�ar�Fe�, knowledge. by f;c�r�r2=•� i�'-�L�j�a'�t= ,who i pers�. nown has produced i i' ��y,. �- , ; �. " � f� �' �� -� Signa r of `operty owner or representative Notary ublic, � my commission expires: ��(:' ��'�� Y..��'i� (81 :�' �% *" N1Y COMMISSION i�DD694768 Page 1 of 2 EXP�RES July 30,2013 '•,, or ,: (4071398-0153 FbridaNateryService.com CITY OF CLEARWATER -�5�1� r APPLICATION FOR �'��_ ¢ COMPREHENSIVE PLAN AMENDMENT 9 — 04 (INCLUDING FUTURE LAND USE MAP AMENDMENT) ��'ATE,{!��' PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE,2"d FLOOR PHONE(727)�62-�1�67 FAX(727 j 56?-4�76 APPLICANT, PROPERTY OWNERS,AND AGENT INFORMATION: APPLICANT NAME: Aviation Engineering Consultants Sunset Point, LLC., Kamran Rouhani MAILING ADDRESS: 2159 McMullen Booth Road, Clearwater, Florida 33759-1418 PHONE NUMBER: 727-723-1332 FAX NUMBER: 727-723-1332 PROPERTY OWNERS: Aviation Engineering Consultants Sunset Point, LLC., Kamran Rouhani (List all owners) (There is Only the One Owner) AGENT NAME: Scientists and Engineers, Inc. Paul E. Hagler, P.E.,and/or RogerA. Shinholser MAILING ADDRESS: 1280 Heather Ridge Boulevard, Dunedin, Florida 34698 PHONE NUMBER: 727'738-9025 FAX NUMBER: �27-�38-9505 SITE INFORMATION: LOCATION: Approximately.3 miles East of the Intersection of US 19 and Sunset Point Road,on the North side of Sunset Point Road STREET ADDRESS: 2750 and 2754 Sunset Point Road LEGAL DESCRIPTION: Please See Athached Exhibit A PARCEL NUMBER: 05/29/16/25622/000/0010 and 05/29/16/25622/000/0010 SIZE OF SITE: 7.103 Acres Requested for the Change of Use FUTURE LAND USE CLASSIFICATION: PRESENT: Institutional(I) REQUESTED: Industrial Limited ZONING CLASSIFICATION: PRESENT Institutional(I) REQUESTED: Indusfial, Reserach,Technology(IRT) PROPOSED TEXT AMENDMENT: �nstitutional Land Use to Industnal Limited (use additional paper if necessary) i (We), the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this appiication Sworn to and subscribed before me this_..�. day of are true and accurate o the best of my/(our) ��e m 6t?:r' , A.D.,��'�' to me knowledge. % by /�c�yv�q-cz�� 1�.-c�:.hc�;-�.� , who is f sonally know as produced /� �—��--� as identification. Sign roperty owner or representative /_ i� � ��, � � �-- `C� Signature of property owner or representative Notary public, � '��1� � t my corhmission expires: ' �'�' �� - �J :i?�►!'"•'��'' ilA ELLYNN HARVEY ' '"•'�c:: ': MY COMMISSION#DD894768 ��.,,;, . EXPIRES July 30.2013 (407)398-0153 FloridaNOtaryService.com , ,� * , EXHIBIT A PARCEL l: 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: CONIMENCE AT THE SOUTHWEST CORNER OF SAID LOT 1, SAID SOUTHWEST CORNER BE1NG THE POINT OF BEGINIVING, 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, TOWNSHIl' 29 SOUTH, RANGE 16 EAST, PINELLAS COLINTY, 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; TI-�NCE 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 SUNSET 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 'TI�REOF 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 1 • �, r, . EXHIBIT A LEGAL DESCRIPTION OF THE PORTION OF LAND WITH REQUESTED CHANGES: A PART OF LOT 1 AND LOT 2, TI� 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, BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMNIENCE AT THE SOUTHWEST CORNER OF SAID LOT l, 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, TOWNSHIl' 29 SOUTH, RANGE 16 EAST, PINELLAS COLJNTY, FLORIDA, A DISTANCE OF 975.85 FEET; TI�NCE S 89°44'22" E, 103.99 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; TI�NCE CONTINUE S 89°44'22" E, 331.93 FEET; T`HENCE 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 SOUTI�AST, 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; TI�NCE 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, RADNS 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; TI�NCE 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; TI�NCE N 89°27'24" W, 112.29 FEET; THENCE S 00°32'36" W, 18.90 FEET; THENCE S 89°22'S2" W, 75.14 FEET; THENCE N 13°33'25" W, 97.23 FEET; THENCE N 29°11'29" W, 38.37 FEET; THENCE N 29°28'44" W, 75.92 FEET; THENCE N 40°40'32" W, 185.29 FEET; THENCE N 39°57'31" W, 226.16 FEET; THENCE N 45°58'09" W, 424.45 FEET TO THE POlNT OF BEGINNING, ENCOMPASSING 7.1069 ACRES (309578 SQUARE FEET)MORE OR LESS. 2 � EXHIBIT "B" RESPONSE TO STAFF QUESTIONS AND OWNER 5UMMARY OF PROJECT'S FEATURES AND BENEFITS Request for Changes of Land Use from INSTITLTTIONAL 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 t�es for this avionics research facility that employs 50+ employees at an average salary of$65,000. Egpansion enhances egisting employment area,taz 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 mized-use commerciaVinstitutional 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. Ezisting Institutional zoning allows Levell & Leve12 fleg use policy: Flezible uses,which can be established in the ezisting 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 � mix of uses, designed and located in a special or innovative form with special tunctions ar a character which are beneficial to a particular part of the city of Clearwater or the citizens of the city of Clearwater as a whote. 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 substantiatly 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 cha.racter 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 tor intelligent deveiopment tnai 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 CONIlVIENTS 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 SUNSET POINT RD Atlas Page: 255A 1. Planning Condition The signed and sealed snrvey dated 12/8/2009 notes the "Preservation line calculated from tand use map line", but the survey shows the preservation line further west than shown on the Pinellas Pianning Council Future Land Use Map. (What land use map was used to calculate the preservation line?) PPC requires the submittal of a jurisdictional wetlands sarvey 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. Analicant Response The applicant through his surveyor utilized the GIS graphic of the Pinellas Planning Council. There is recognition that a juiisdictional wetland survey will be performed prior to site permitting. While we are not asking for any modification to the jurisdiction area, it is our responsibility to establish the line wetland jurisdictional line. From some preliminary research, the wetland jurisdictional line will be West of the Preservation zoning line. 2. Planning Condition Drawing No. C-3 "Preliminary Site Plan" is not under review as part of this su6mittal package and as such cannot be used as supporting documentation for this LUZ application. Aputicant Response Agreed. Drawing No. C-3 "Preliminary Site Plan" has not 6een 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. CDC 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. Apnlicant Response The applicant acknowledges that a final, fully engineered site plan is required for this project to move forward to final permit. In addition, 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 the proposed parking layout; appropriate modifications would be made to the site p1an. 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. Criven 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, locationai characteristics include lands of sufficient size to encourage an industrial park arrangement, as well as integrated industriaVmized-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 Resaonse 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 Adaacent to Residential Cate�ries - 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 but�er is in the control ot�the local Jurisdiction, wnicn in tnis case is the City of Clearwater. 4. Planning Condition 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 ezisting and planned uses in the area. Currently, contiguous uses consist of preservation, ot�'ice, 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. Aoplicant Resaonse 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 ed�e between the residential and parkin� 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 Soule 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 suf�'icient public facilities egist to serve the property. Provide a written statement outlining the current uses on the property and the gross t]oor area of each use (needed for TTE traftic calculations). Aqplicant Response The applicant in developing a final engineered site plan will address all public facilities. With proximity to the US 19 comdor 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 squaxe footage, which is lower than the allowable FAR for the subject zoning. TTE 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, poticies, and objectives of the comprehensive plan. The current Submittal package does not 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 apptication is consistent with and furthers the goals, policies, and objectives of the comprehensive plan. Aualicant 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 '/z 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 cunently 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 tocation, type, and character of development proposed by the applicant. The following are egcerpts from the goals, objectives, and poticy sections of the comprehensive plan, in the order they appear in the plan: Natural Resources Al.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 (SWFWNID) shall be designated by � "Preservation" (P) zoning and prevented from being built upon except as permittect by tne rreservation�omng District - The applicant states that its development design and storm water management implementation will enhance the preservation area improving water quality and removing inappropriate 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.1.1.5 - 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 requirements from the 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, is currently requesting approval to be developed only to 45%of the 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 in�ll 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 PLAIVNING AND ENGINEERING PRACTICES, AND URBAN DESIGN STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE NEIGHB4RHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND ENCOURAGE INFII,L 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 greater conflict with the limited abutting residential land use. A.6.1 Objective- The redevelopment of blighted, substandard, inefficient andJor 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 ineffcient 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, SWFWMD, 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 land-use. 75%of the subject boundary abuts intensive ACLF uses, preservation wetlands, and offce 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 cunently serving the parcels. 2. Several fire hydrants are located on the site. The presence of these hydrants proves that there aze 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 cunently 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 modified, 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 corner 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 ot state, recterai, ana Lity or Liearwater rii-e 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 1. 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 properiy 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. Feuces 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 e�ernal 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 KU W by six-toot nign 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 na e 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 required 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 cunently 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 a11ow for the expansion of the current use. There will be an increase in the squaxe 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 buf�er 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 axe 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 a11 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 af 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. � � (EXHIBIT C) RESTRICTIVE COVENANTS THESE COVENANTS are entered into this day of , , 2012 by the Aviation Engineering Consuitants, Inc., ABC 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 a{low 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 following 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. 1. Accessory Dwellings. 2. Government Uses. 3. Indoor RecreationlEntertainment. 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 Sales and Service. 20. Utility/Infrastructure Facilities 21. Vehicle Sales/Displays and Major Vehicle Displays/Displays. 22. Veterinary Offices or Animal Grooming. t 23. Adult Uses. 24. Night Clubs, 25. Overnight Accommodations. 2fi. 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: Kamran Rouhani By: WITNESSES: Printed Name: Printed Name: WITNESSES: Title: Printed Name: STATE OF FLORIDA COUNTY OF PINELLAS SWORN TO and subscribed before me this day of , <insert year> by . 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: �. �. _ . .._ ..._.. ...._ __._ .a_..—. .�._.__. —.--.. - - KP.�I.F� F. bG BL,�IC�Pf �EEk#;,I� �aJR� • P��uL��G�� £��it� �� 3C�1LE?�i 04��-��r 17.�=G4 Y I�D'f. �� 0�-�2?83B RPl?- 6-��3(]� 5;�B� P�t�LLR5 Cp l BY. l263E PG 189J �l}��D'.�iLV� JRY�;��I�I�� F1IG I�l�Ll l��l l�i��,lAllhlllll��l�i�I1111 ;�. �1G:o�i�'�i9 �:�'��B �G:1.E3� E��:i9�a E��;ORUIii'�i�14�' P�1C�E5 J. ��.�� qGC ST�P— 1�L^_i9 3 �2a��,bU - `. -----_— -� -.. .� '�his InatrUment Pr�pared�y ancl Ratucn to: .. ., TQT�: S�''siY��a.54 REP3CP+8,J�AENINGS,P.A . �,FECKAf'�T.��: �`crO`�.� 703�p�rt Stteet s��; �.�1 CleaNrater,FL 3375� �V�'Y��'�FU1y L�f.�l� aUFt fIL�NO. '113Ci.D'� ° :` �GE; .��. WAfit�1�3JT'Y.•i3E�P ,cs r FiC,�AINT �� .` K� „�� £y THiS�NDENTI.�RG made 1his. �� day 4fMarch 2003,betwesn.��F�WA7ER ��►��YG[E MEMORIA�L FOUN�I�+�TIC?N,1N�C., a Flvrkla Non Pr��it corpo�at�on,whose Post t�fCice�dcress s� ,�P�e 4703,C�e�r�nrat�r,��3�7�a,l�e�ef�i'a[ter cailed[he Gr.ent�ar,�na AViATI[�N r�GiNEERlNG ��5 —"""'��NSUL:fAN7'S,I�lC;.�Flarida vorpor�tro[s,v+thcis�=Post Offioe�sJdr�ss is�2'I�McMullon Bonth, � �'".'��`loarvvaker�FL 33758,horcinafter calied thc��ca�tcc, �G _,. : �,' ar�(i. ��+� �fiat tl�Grantor.tar and in caflsidera�►oa of t43e sum of Ten Ddtars(��I[}.00),ar�d atho r ga4d anct t�,k� "�",tlUdble con�ideratiQrrs ta sa�d Gra�ttOr�ln haf�d pa6d by said�lantee,the r�eeipt whereof is heteby ackhet�A�d�yed.hars c�l�t�d,6afgaine�!•a��sold!.o the said Gr�ni�e�and Gt�ltee's heirs and�ssigns iorevar,the fo[towmg tlescr�:PF�Pt�'tiY sifuaf.e, Eyliag ar�d being in PINELLA&Caunty��laride�to-wlt� LntZ,l'ME Ei:KS Suk�div,�ssiaicir�reear�lect in Pla[Boott�.P�ge 9Q,ct�rreni Pr�c Rec�s afi F?iri+�ila"s:�'vun�Y•Flarid�. � •�.. ,J Parcel 1.f�, N� ,4�l391'f�l25�622JOUD�3�20 TOGEI'M�R W�'�tt;All right,.[?tic�'��tid�;te�st setforth in 1'aragraph Nos. 1,2 afld h aF.thal C.�rEain A�reerceQ�t reccr�[�d��rt�R 8adfs 6431;1'a,qe:�1.9 f9-19B1,F'u1�T�S�E�6rds af t�""inellas Caunty,Fti+�ida. d��d F�braaarp ZT,'198"r:t�lm+�en GL�AR1�tA7'�R LDDGE NO. 7525.��N�lQtET�iTA!vD PROT�C"rIVC pRpkh�qF�L1C��THE IJ�7ED STA�S t��A�tIERlCA,IIU.CdRPC►R�TED, hIIJA D4;IMEafNlCI.EAR9N14T�R NC?_ 5�25,BE3�lEV�LEN7 AMI��'R[3T�CT(Vt.ORDER OF E�5 C}F jkiE UI+IIT�[3 fiTA7��'��]`F:�ItiA�RI�A,1hiCORRC�RATEfI.�t-�rida Fnkil�,74u41W an�CI.F_AtRWA�E�t ,�Al'G�ES, I�� . ,{:,. . S1�[�JEG�TQ RT�1'IG�.ES oF'I�EFtGEI�rrrergi�ig C�,FA{tW�TFR L�C�GF N0,15?5� BEN�J�LENT AMD FR€iT'��'f'111E•�]RaER C►��LKS OF`'f!tC EJ�II�'ED STl4��5 C7��ti1Cf2lCA,lhf�{)�I�4RA'E'ET3.A FL[�I�l�_�OF't1�Ui�f�T10M(#72Q571�i�to t00E}tI817063'1-81.]lltVEQIN l.C�a�'aC lV4.2275, IiVG, g�N��H�pi�p PR�TECTIV�aRD�R�ELKS�F�'l�C UNI�El3 STAT�S OF AMERICA which cha�ta�d.i�`'name tp DUN�41�1tCL�ARWATER�14�152�,F3ENEVC)L�`NT Ah1a.F�RC)TC�'f IVE Dk�DEf� OF.El.k��F fiH�.UNITEo S1'ATGS O�Rfu1�RIC�4,INCORPGI�ATEI],a Flocida entity..7�54E�:beanng frle,date,:�ep:ernher9.z0U2, Divlsion af�otporatidns.7allakt�sses,FL 323i�, : ,.. _ _ ��1�GT�T�;Goyenants,resf.riafion�,eas�mcnts of recand ancJ taxes for tt'ic ctFrrent.ye!ar. .:,._,.. 'Sb1S.tE-GT-��:•6�lteCdeZc . tae-a�6,��-ic�-6eFy �, °�amorr,-£ica�yeee-Metwa�ei-Fe+�ndaifots, T(?I�iAVE�1ND TC]�fOL�lhe s�r�m in f2�s�►pls,fiorover. AND S141D GRANT�OR do�s he�el�y fu11y w .y _ _ ... . , . . . . � . P IN�1-�—�S CtlUNFY �L�7. pFF.R�C.BK 12638 PG lg�p �rarrart ih�title#c�s�ici'and, and vr711 defend th�same a�ainst the.,[�p�ft�fi�ims of a11 p�rsons who msa�evt�r. ..� IN UUITNE,SS if�iEREUF,the said�rantor, has cau.�et[tt�se presents t�be execu�d in its r��me the day anr!y�r flrsi above written. ,.• � CLl:.A�t1!U�kTL`k��:}AYCC�MEMCiRIA� FOt)NI�I'ibN's 11VC. � �� .� p: �':�al#�s B.Gllmcr,President ATfE$T; i� 1 — — — . �ary Nl,� inan,Tre7�utor '- Si'ATE 4F FLGIRIQA . � r ,' �CDUNI'Y OF f�hiEL;LliS �"� - I Ft�R��Y��R71�1f #hat,on�t�s,day p�csonally appear��beinre me,.an a'ficerd�ly aut]�bCized ta administer oaths and k�ka ael�now�dgrrr��ts;��1tec��r�rr�t',President ar+d Gary M,Damon, Treas�trvrat:CL�iRV�A�R.1?�Y��,II�M(7RIAL Ft7lJt�'E'IQN,IN�.,to me p�ersonally kn�wn�nd kn,�w�ta rtte Go�e the miii�itt�l��fescribed her�in or,in the aEtesnative;wha prC�dur,tKt: S�L 'i�ti: �-�` _. -. � as�d�R(ifiC�tian,tivhQ look an oatli ar�d urh8 acknrnvledged that this in�Ertirri�nt u�a�frsefy ar�rf voluntaril�cxecided tor tl��Su rpos�s hBr�Ih e�cpres�ect. z � •-� r�� WI7'lVESS my Faqfl�and,aiticiai seal;this �� d�y vf Mar�h,2DQ3_ . ' -,�,_.._1 , 1�w�•.�-+� � .�-:��'�!`�'�'' :'� . ' - N�TAE�Y PUBCiC ....— .,��. �•_ _ ,�:, > t��r �vmm�ssE¢r��x�ires; r'v,�asri i:xscnyVwrtPa.sw 7 L J' -, wr' — �.}-� — k3. �44Q�Q ��• �tl� 059391 FEB t,°.^L'C7[13 2�27pn S-fU.: � � F'1ySLtP.5 GO B'� 12�35 Pu 239r+ �� °t t�S � °� y;�'t��ll�tiLi�W�'�I1f1NYU71�:N1 . ' i.k�.w ��- '�.sc�-ot�,'�L 3�1t��, _ �c. i 1�`: '�7L+' '�`C}� �`L`T'�,�?�'�.5�' F�?ItV�LL,UE 1{�C°£lY�',D,CY:�Alz!'4'ATGit]•VUGT NO.i�25,B1s�]"C.VUX;�N1 .,. . �; <'�lti'D PltD'F�{:`l�[4`E URDLtR.{7�'�L�iS O�'TI i�tl�x�IY S'Y'��'�:S OF�i.�•TT::RYCA, 11tiC�S{1'[?TLAX'1`�D.hC7�I7t3E�LC:C C�iCiL�L��`��-�'.��t''�v sclls,�ssl�ns,trtmsfers and scis ovc��nto A'�'��T][Q�ENt;J(1��CR(N��C��TSU�-'CANTS,YIti�G:h�'ein allcr:t:l'erresci 1�,us"r1'�'IA7IQAf"OFC1,sonvat4r,Hlonda;all th��r�.i�itcrusis tn,to,a��d uuJcr lhat ccrl�in A�rca�clz: bclir'ten CLA:ARI'4'r�►'CGit X�[7D6L� �10_ 1525, 13��NE'VQL;rTIT �4NT] P�t(3'�EGTY"V��[�DrR Ol�rLl{S C�FrTIS7::i:PtTT��ST.tI`F:.S OT.A.A•tER[Cri ant� f:�,EA.Ii�?A7'�XiJ-4YCt�S�1\{y.,`daEi�i�ebruery'17,1987;��ccaTticci in U.T�,Ti nok 6�:31, _ .. ,_ � P.idc 19i9,f'ul*lic Records��l'�neilt7;s C:ovnly,I`loricl�t�trc�vit�ed lhot�houfd r'L'�1[Ai'IC3N ].,ccno�raG :_. -�� . ;r _. .�'�'j�cf�silt in Ehc p:►�nneni of'ttlsa!cc�tain mQr[ga�•c to FL1G.R signetl siniultm�co�islv vvi:l�ti°-is ��- . '`.,. : , �:''_-,— Assf�nme:�4 [l�cn th�,S 11ssi�ncni sha11 lir,icCinn�l`-c3o Tliis Asaigna�uit sluill becomc . . C _–--. vnrcvncatri�onec s�Tt�mni�a�;e is paid i�1 full. , � . c�i j�� }7 at�d L�t�s�°.-_�Y of Na'�cn::�ct,2(1�2. CLL•'�A,�t�F_i.1'S��LaDf;r IYU.1525, �_^ •�'"`'"'` : FlEABVOLF�T Ait'D PItt!`i'I�GTFtiI? �2 �� QR1��R Ql�p:f�i{S UC'T�I�LJt�.:(`T'� la�thjCSs�.�'q.'`i-�z� 'R�G�. ,q'T'ATL+'S O.�' �L11'I�l21Ch�, `, ._ IPIC{?it ltt1.'TF.D :� ��J. �� # '" Fiy: .�L�•t�c,� ,v.t 'r�!�ri�trS�rf�f,.i.J � f S � � {� .- ��G�rs ly�.! �F�./' . S�'��'��F'IsLf3It[D?4 � .r1. �*-..r,.. rrrrrrs. C,'!?UtY't'k'41i'PhS�C:C} f�;LI�LT.12Y C�RTI:1�]'lhxt on lhis day,6eI'ore��tc,s�n oflf�icc�r31�1y�fa��cl to tx�ke axc3:r�owlcd�r,�nts;perSO:taI1y a}�x,�'4,Cc15'r*.•r Me�Nap 7��H��F, r¢s ��.,."`-•� a� GLLrk�WAT�R LOI�CiE I`4. 1525,BEN�=VflLL.1 C 14I��D FR0'tEC'CIU�n12DER(?.Y' �1.1C�Qr 71•TF C1NI'C�D S'1'ATSS{�1�/b•l�E[tlCA ta mc.kn�wn ta lu tltic�eison dcsr.an'lscd �n Afl[i ivho VXO�'�ted liic POTe�oin� in��ncxd nnd aetu�o�alecl�cd bcfi.,ce mc fltat sEie axcculc[k t�mc. I�licd Lpan thc follcnvins fvrnt o1'+dentiticatioe+r,f[•lus�t�ove n1m�c� }�crson: ,e..�.•�ry �e��a-} ,and��.at an o�idt was��ltcn, . . VpiTt�'L�SS»��+lrand xmd ol�ici�l sc�4 iq t(��Cn�o�y t�ud Sc�cc lust E�Caresaid d�is T'�� r3�y ofi_�ut1• ,^,:31142. �� DAVfdR:OARiLFi. '�-�� ' �(��1�l— u �th:ty�lOR..6rileMFPt!] . Nl.�+nL CaF.GCG'��'d1G! ��'.U�DpIG83A0 �R�7I}�gi1�'I��IC � _,,, � --.__.—�—... _._ _ . .. ,��y�EH F PE�:fitC;cu;ac�e�G�} • F,r�1iA.,r,U_t{1V•ZI RIi�� r.�_ ' ~ �t12-�3G?�� h0U-18��P��-0sn, �3�' a11�457� iL-10•'��' 4''�51 al EY3k • p1NJ-L95 CO �,K . � � ��r�r��Q��e}.n iu,, . rati�.�m��ilo�rnn��tiin��r� c�o-�Aeo t�:Qt�o��! �K:1?'..��'f:4�f3Y�3:t�i4 PY{3t��r�d lav �d R�t,��s �sz GC�T��t� �'4��}fFS 1 5�4.�0 �r.v.r.n �• e-�Rs �tto�a at Lav .. �'. �ILC STf�:P�•9"a�].9 � 5�'�t�'I�,00 . 441� U;S, �,w :.IAFr Pvrt r.;�: ,, i;L• •�n�'�- �� I��IC: '�,09�1.� � G�CK f�T.lEflL�7: i5,sl`:�5.60 ,AHE,C;I_ � �.t'�r�e-.±1 � OS-Z°-7.6�2�,577.-4C0�{�. f.}�i�{(f_: �.4� ,�� '� 13V_ 7tI�.�Y[1:EkC n�nS�� ---, . , .. ,�v� _� . ; � . FL-�S ___.. •�,a H •� 71 t�t ''i' v: `'I.,� �•. F� �TF � — • F'C _ - NN„_ ., + . ��-`�-�` .. �'� ; .� • ��._ . . Cx6A' -:--��-ts �tsaata�rtrtt�, �r.�de �}r�� {� ��:a,v of: r;cYerr��.r., 20C2, g��.N HGF.�,� � ' ' CLE�A�'Eii iADGs�'. ND. 1525 r.E5'�'igY,OT�2�IT i,tiD PRO=Ii�T7.VE OghER OF �''�"�.b 4B' TEfLr tiNST�U S�ri.s�9'� 4�+: ;�AMf;�2SCA, xNCOItP[3RA.TION NfP[1'A DLIN�TNICZd'•14RSST1I�P�R gQ. 15�5 $F�TFVGLL.EN2 i111GD PStDTEC.�'P•D ORDX�R OE TIL� L.LPGS O�' �HE IIN'xTED S^sA�Fl9:b1?.�7t1�IIT8SCA. T.ATCOREOU��PEa� 7i£ GRAlS�C�t�' wrou� Po9ti Cfi£iGa ec:d c�9"L-� .�' ._ P.O. Enx 697; Duf,c=d'1n, F�',, 3�+�+°3 - n� Lne C_�u�ity oY ['ine"zlay �~�5ta�e at Fl,�r.�da, �=,� .y e A'�rT_nTTat�i �N�xr�G�,�k�t�'cofiSt7i.�Abam5, ��c., iL; cxnA�rr�x :.rrase. r.c�sL is[fi,c� ndylrese. �.�,..:� .� .. : �1S? 1d:.�7uJ:J.�n. Esoa�•h i��s:c:r �:lenrwa`.Rr,�?•I- :Sl759 af the� C�mxy_ oy•`�ihoJ.J-a�, Stx�a cf Fl,er.�'_da, WSTNLS3�'�� LFiat ��Fl`-� ��-a*��1r+ �ow and in G%VY1Sider.�Cton oi' ..k c sun af T�7d ��an -:oarY�a D�LLP.R'�,. an� otner g o� a d '+ia�u�l;:e ~ouside atiriii� Co sa:.d ara�to= 1_s �and Paiu by �u�J. Cr.^:�ta�� the re�i�t �vhBx�of ?s NHr�wby.a�:{nawled�}acl; hae �zanL•ed. bzr5a:in..� �entl . , s�Lsi�•�to�••tl'ie.snid �.;-an�qe, a«d gr tae'��%�eixs: anci aesigaa fnr.euer hc`�=o,l,��a�..�.l�s� cles�:rl�o� l�C�d, si:t��lc, ,y'_ng anJ haic�y iv Pinellus 'Laiir':iv, _oTid:�. �a�wit ';` 8EE �TThCH.;� �CIl=3iT ••x„ -�h CUrinL�Th .. _ �i�.GA2� �ESCi2IFTSJ�} .t+"L1�7lLCl' tq:4'i1S4lriC.`it9� 1'CJ�rzcrians �Zn�i r�-cr-ra�-v'�:� of _rcord. Subj�r.t �o t,�xe.�: an�( a�ac�s:nea-s _?r :.h�� '32..r z�02 ��wc! thezeafisr, - 5�.i.d.3rant�K' docs h��:eby ful.:l:y warxanY z`_ir �i.�.Le: to saa,c lsnc, a:�d will dcfQnci the �aa.� aga�:nsL• the l�wlttl r:l.a•lm:, o� dll ��r;rons sJhOrita42vE'-"• t^C.r:�r�tox•� ��j nG1'E:li:e'v�� a`T5 '.].4CCL $os �in�u].ar or �d��=u1, a�: ttr� sc,n�rsxC r.hqua.re�. . . Tia wfxeiL�9 WECI�A�OE, �r��n;.nr. '1�s he,�r?n`6 5�l Grar.tUr!,s �a�:d anq se<si thp �ay .t11d y¢ar L'LeS- a�cvc,.�nrittc:t. � � , ..__.. . - w:N��uis ccurr�Y t't_�. 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COi7P'1'Y 4F ?ZNI�� : _ F HERTlSY CERTIFY t;► t on� th�3 clay, k�P�orc me, ari oLfic� ��=1y qual3Fiod to ttk$ �Cks_oWlCdgineZ�'�� ex�ona_1y a�p�e�red 'i'orn A.Lt.L'r JOL�llS1.��a�tl3rdF Lc��l-�.�an_ara, SOflI l91L.1❑ LO a.;C--a�nGwri �.O:.a@ tfte� y'�ETEO^ . dnacr::bmd a.n `eS.c�d:�'LC�:o exec:utod t.`.•s IG�eg�'nq 1?'_str�.�n�FnL a:.d �ckro��r�edgad:;beCiar� me �h�sC �he �xer_i:L�ti tht,."sumc,: I re!li£f3 t;pQC il7p tUl].ow�,n�j, L'orin_ bf :.�1ec�tiFiC6t,i.on o= th� u�ovc name�� perso:� it�v,�, ./r'+��.h°'''��;� _ an�i t1:3:: a:� oatt w.t� talcpn. wZTi�'E&S ny'"'Eia(�cl;��;ed v�,�1C:a1 a�ul ;n 'tb� County An3 SGa�e lk;+�- . at'oresaicl•�k1i�"'' d�y c` Mov�:nrer 2Ci]'r.- � � - fYt'7►F.Y 'P LSC . . ti1V;CnrnnY�sion =x f,i r+ss . - -, . ` ` t RA�na R.caRl4ir :•(t�a�ACy �urib�ar StrmP s�ai� v �,�cmq��:,a�m�rrl:r�n. � tJhramm.F.s�a��it�d7� �a D�teusaa �>. ;� � ..—.—. . _ _.. ._..---_.__.. .... ......--:— . 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