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FLD2007-02006
Pa_' ALK 1�1 47 Zt, V J, A ze IV ZIP )t `'Clearwater III Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets SUBMIT APPLICATION FEE $ CASE #: f t- RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 10/25/2006) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section APPLICANT NAME: TMJ of Pinellas County, Inc. MAILING ADDRESS: 1335 Fort Harrison Avenue PHONE NUMBER: 727- 461 -7733 CELL NUMBER: PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: TMJ of Pinellas County, Inc. Keith E. Zayac, P.E., RLA 701 Enterprise Road East, Ste 404, Safety Harbor, FL 34695 727 - 793 -9888 FAX NUMBER: 727- 793 -9855 E -MAIL ADDRESS: keithakeithzavac.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4- 202.A) PROJECT NAME: TMJ Of Pinellas County PROJECT VALUATION: $75,000 STREET ADDRESS 1460 S. Missouri Avenue PARCEL NUMBER(S): 22 /29/15/22968/000 /0120, 0110,0131 and 22/29/15/99684/000 /0070 PARCEL SIZE (acres): 2,31 PARCEL SIZE (square feet): 100,783.25 LEGAL DESCRIPTION: See Attachment A PROPOSED USE(S): Automobile Sales ORIGlPiA@„ DESCRIPTION OF REQUEST: See Attachment B Specifically identify the request (include number of units or square footage of non - residential use and all requested code deviations; e.g. reduction in required number of PI Aft NING OPM parking spaces, specific use, etc.) CITY OF CLi:AQW IATMJ of Pinellas\Permits \City of ChNAComprehensive Infill Project (FLD) 2006.01.doc 4 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNI DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _x_ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4- 202.A.5) • SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. ❑ 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3- 913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA —Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Attachment C 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. See Attachment C 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. See Attachment C 4. The proposed development is designed to minimize traffic congestion. See Attachment C 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See Attachment C 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See Attachment C �1!"M�IAfA4 PL ANN. 7'30 IIYIE s CITY 01 CLEMWATER I: \TMJ of Pinellas\Permits \City of Clwr\Comprehensive Infill Project (FLD) 2006.01.doc WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA — Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. See Attachment D 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district See Attachment D 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. See Attachment D 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. See Attachment D 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and /or preservation of a working waterfront use. See Attachment D 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ❑ Variety in materials, colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate di'lw&en buildings. See Attachment D Q- ,GEWO r �®®��, � DWA r4s mit IATMJ of Pinellas\Pers \City of Clwr\Comprehensive Infill Project (FLD) 20eWroc CIS OF. CLEARWARR 0 0 E. STORMWATER PLAN SUBMITTAL Manual and 4- 202.A.21) : (City of Clearwater Storm Drainage Design Criteria A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ❑ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. • At a minimum, the STORMWATER PLAN shall include the following; • Existing topography extending 50 feet beyond all property lines; • Proposed grading including finished floor elevations of all structures; • All adjacent streets and municipal storm systems; ❑ Proposed stormwater detention /retention area including top of bank, toe of slope and outlet control structure; ❑ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ❑ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ❑ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ❑ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITT (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ❑ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION — IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562 -4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4- 202.A) SIGNED AND SEALED SURVEY (including legal description of property) — One original and 14 copies; TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) — please design around the existing trees; TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; LOCATION MAP OF THE PROPERTY; ❑ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (le. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; 76 GRADING PLAN, as applicable; ❑ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ❑ COPY OF RECORDED PLAT, as applicable; 4RIG grmemv 13 2007 I: \TMJ of Pinellas\Permks \City of Clwr\Comprehensive Infill Project (FLD) 2006.01.do611W't`�IA* • Cl� �w A�uVATER • G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A) • ❑ SITE PLAN with the following information (not to exceed 24" x 36 "): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights -of -way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3- 201(D)(i) and Index #701); Location of all landscape material; Location of all onsite and offsite storm -water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. O SITE DATA TABLE for existing, required, and proposed development, in written /tabular form: EXISTING REQUIRED PROPOSED _ Land area in square feet and acres; 100,783.25 40;000 100,783.25 Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; 5,826.52 22,000 max 4,956.25 Parking spaces: total number, presented in tabular form with the 5 26 10 min number of required spaces; Total paved area, including all paved parking spaces & driveways, 52,834.36 25,891.80 expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility 14469, 744 14469, 744 easement; Building and structure heights; 10 10 Impermeable surface ratio (I.S.R.); and 0.58 0.95 0.48 Floor area ratio (F.A.R.) for all nonresidential uses. 0.05 0.55 0.04 L3 REDUCED COLOR SITE PLAN to scale (8'/ X 11); 0 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: _ One -foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; ORIG NAL Lot lines and building lines (dimensioned); REMMD Streets and drives (dimensioned); Building and structural setbacks (dimensioned); JUL 7 12007 Structural overhangs; . r.� Pt��Ai�NNIi ,a � �o�Ei� I: \TMJ of Pinellas\Permits \City of Clwr\Comorehensive Infill Proiect (FLD) 2006.01 APTY i 1 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4- 1102.A) LANDSCAPE PLAN with the following information (not to exceed 24" x 36 "): All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Existing trees on -site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and _ protective measures; Interior landscaping areas hatched and /or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); �AIrrigation notes. REDUCED COLOR LANDSCAPE PLAN to scale (8 %X 11); ❑ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4- 202.A.23) 4 BUILDING ELEVATION DRAWINGS —with the following information; Fek J All sides of all buildings; Dimensioned; Colors (provide one full sized set of colored elevations); Materials; Sight visibility triangles; ❑ REDUCED BUILDING ELEVATIONS — same as above to scale on 8'h X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3 -1806) ❑ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ❑ All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ❑ Comprehensive Sign Program application, as applicable (separate application and fee required). ❑ Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. I: \TMJ of Pinellas\Permits \City of Clwr\Comprehensive Infill Project (FLD) 2006.01.doc r � K. TRAFFIC IMPACT STUDY: (Section 4- 202.A.13 and 4401.0) ❑ Include if required by the Traffic Operations Manager or hWher designee or if the proposed development: ■ Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a °Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727- 562 -4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. 9 Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): T is Impact Study is included. The study must include a summary table of pre- and post- development levels of service for all adway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. A�,p� AcknovA ement of fire flow calculations/water stud requirements (Applicant must initial one the following): ®R(7 , 9 Y � (PP � n9)' �d _ _ Fire Flow Calculations/Water Study is included- Fire $ 2�0� Fire Flow Calculations/Water Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOI����EPfT CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLIC/ 1WIk0t WER RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562 -4334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. Signature of pro rbr7eprestustativ�.. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this J,3 day of .i- N E A.D. 20 d J _ to me and/or by who is personally known has produced Notary public, My commission (:\Forms \City of Clearwater \Comprehensive Infill Project (FLD) 2006.01.doc PAT YANt'Uf Y- COMMISSION N DD EXPIRES: October 30. Fl. Notary Discount A 1494 Co. a • N. AFFIDAVIT TO AUTHORIZE AGENT: Provide names of all property owners on deed – PRINT full names: �� -ef- f14&-/- A �- 4-Pt `'( f-l/0C - 2. That (I am /we are) the owner(s) and record title holder(s) of the following described property (address or general location): -- K-6t5_s__M1ssoC>�� AVM. -- 3. That this property constitutes the property for which a request for a: (describe request) f-� -� — -- -- — 4. That the undersigned (has/have) appointed and (doestdo) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (1 /we), the undersigned authority, hereby certify that the foregoing is true and correct. Prope y Property Owner Property Owner —�� Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duty commissioned by the taws of the State of Florida, on this _/3 _ day of a ©O 7 personally appeared ) �'u (� _ who having been first duly sworn Deposes and says that he /she fully understands the contents of the affidavit that he /she signed. 4e. 0'_% PAT YANTONE MY COMMISSION # DD601494 - — - -- - - -- -- - EXPIRES: October 30.2010 Notary Public Signature 1$W- 7•Nt7rARY Fl. Notary Discount Assoc. Co. Notary Sea(/Stamp My Commission Expires: ORIGM RrrEm 200' PLANNING': DEPARYMENT (:\Forms \City of Clearwater \Comprehensive Infill P G` RKMMUR MRY -8 2007 01:5BP FROM:TMJJ ENT SES 727 461 7733 TO: 39855 P.3 Exhibit A The West 125 feet of the East 145 feet of Lot 13 of A.H. DUNCAN'S SUBDIVISION OF CLARA E. DUNCAN'S SUBDIVISION of the East 1/2 of the NE1 14 of SW 1/4 Section 22, Township 29 South, Range 15 East, Plat Book S. Page 26, Public Records of Pinellas County, Florida, being more psirticularly described as follows: From the Smith 114 corner of Section 22, Township 29 South, Range 15 East, run North 0" 1910" West along the North -South Centerline of said Section, 1728.97 feet; thence run North 89" 13'13" AA'est, 40.01 feet to a point on the West right-of-way tine of Missouri Avenue, and on the South line of Lot I3 of said A.H. DUNCAN'S SUBDIVISION for a Point of Beginning; thence run North 89" 13113" West along said South line of Lot 13, 125 feet; thence rtn} North 00" 1990" West, 132.08 feet; thence run South 89° 12'57" East along the North line of said Lot 13, 125 feet; thence South 00" 19'30" East along said West right -of -way line of Missouri Avenue 132.07 feet to Point of Beginning. Parcel Identiflc:rtion Number: 22129/15/22908/000 /0131 and Exhibit S LOT 12, Less and Except the East 20 feet thereof, A.H. DUNCAN'S SUBDIVISION of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, 6S, recorded in Plat Book 5, Page 26, Public Records of Pinellas County, Florida and LOT 11, Less the West 125 feet thereof, A.H. DUNCAN'S Subdivision of the East 1/2 Find the Northeast 1/4 of the Southwest It4 of Section 22, Township 29 South, .Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 22;29/15/22968/000 /0120 and Exhibit C 1,01' 7, 8, 9 and 10, ZEPHYR HLLL SUBDIVISION, according to the plat thereof, recorded in Plat Book 24, Page 88, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 22/29115/99684/000 /0070 6 Derr -� 5j: I JUN 18 2007 PLANNING flEpARMNT Cny Of CMMATER F0c Nwnhcr:116 -lM09 OoubieTimeq� • • ATTACHMENT B PROPOSED USE The proposal is to redevelop an existing automobile dealership which currently includes areas for vehicle display, storage, detailing and repair. The applicant's proposal will include vehicle display for sales and internal repair. The developed portion of the parcel is within the Commercial District with only stormwater retention proposed for the portion of the parcel within the LMDR district. The property is under new ownership which seeks to rectify several of the existing code violations and non - conforming buffer setbacks. In addition an access is provided to the property southeast of the parcel through an existing access easement. Two existing carports are being removed as part of the project which were constructed without building permits by the previous owner. Additional landscape buffers, and a new proposed monument sign are also part of the application. The existing non - conforming signs along and three existing driveways are also being removed. DESCRIPTION OF REQUESTS Flexible Development approval (1) to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), reductions to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape width along the west property line adjacent to a foundation landscaping adjacent to buildings from five feet to zero feet, a reduction from the required 35 spaces required to a minimum 10 spaces provided. An additional 16 spaces will be provided in plan to accommodate vehicle sales and overflow parking. RIOD JUL 1 1 2007 PLANNIM r4FAW1 �,AEM CITY 0 ' CLEF; WATER i 0 ATTACHMENT C GENERAL APPLICABILITY CRITERIA 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The applicant's proposal does not seek to change the property's current scale, bulk, density and character. The property is located in the midst of a Commercial District along Missouri Avenue. The development is one story and well below the maximum FAR within the district. The surrounding area is a wide range of uses which include both single story and multi -story uses including restaurants, retail stores and service businesses. The proposed development will not change the existing use of the site and remain low intensity. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposal does not change the nature of the existing use of the property and will better utilize the surrounding land. One carport on the western side of the commercial parcel will be demolished. Proposed improvements, such as increased landscaping, and a more attractive streetscape will improve the overall appearance of the site. Providing for additional parking and appropriate buffering along Missouri Avenue will cause an overall enhancement of the site and area. These improvements will not cause a buyer from investing in nearby property and will enhance the value of the surrounding land. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposal will not change the existing use of the property. The use will not generate pollutants, toxins or other substances dangerous to the health of residents or workers nearby. 4. The proposed development is designed to minimize traffic congestion. The proposal eliminates three driveways to consolidate access and egress to the site, thereby eliminating several access points to Missouri Avenue. The parking and vehicle display areas are also being redesigned to provide adequate on -site truck delivery and turn around space. Additional parking spaces are also added to the site to provide adequate on -site parking for the business. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The character of the immediate vicinity of the parcel along Missouri Avenue is commercial with a wide variety of allowable uses. The areas west of the site are RID 3 j ". t ! 2001 • • residential in nature and are buffered by the stormwater pond and the remaining undeveloped LMDR portion of the property. The development is being reduced by removal of two car ports and increasing the front landscape buffer to further enhance the property. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The, hours of operation will remain consistent with the existing use of the site. The acoustic and olfactory effects will be reduced by the installation of significant landscaping around the buffers. The visual effects will also be enhanced by removal of existing car ports and screening of the site by landscaping. C)Ri Si Ny � ��t�A�E� G • • ATTACHMENT D COMPREHENSIVE INFILL DEVELOPMENT PROJECT CRITERIA 1. The redevelopment of the site is primarily limited to the removal of existing pavement, removal of existing car ports and substantial increase in the landscaping on the property. The redevelopment of the parcel is impractical without the requested deviations since the building setbacks are to existing buildings and the existing use is vehicular sales /display. The landscape buffer reductions requested take into account significant buffer increases and reduction of vehicular parking and display area. 2. The general intent and goal of the commercial zoning and comprehensive plan area includes retail sales and services to the general public as the primary use within the district. The vehicle sales /display use does provide for the retail sales of vehicles to the general public which is within the intent and goals. 3. The surrounding properties are in general currently developed with retail sales and services in a wide variety of specific uses. Much of the area is developed with long standing uses which have the potential for redevelopment in the future. The proposed redevelopment enhances the site with the reduction of access points and increase in landscaping which will set a standard for future development. 4. The redevelopment will not deter but rather enhance the area due to the proposed improvements to the existing use. The removal of driveways, car ports and increase in landscaping will enhance the site and surrounding area values by the upgrade in visual and physical improvements. 5a. The use is permitted within the commercial district. 5b. The enhancement to the existing use will provide additional jobs, and diversify the immediate area by adding an automobile sales facility. 5c. The rehabilitation of the automobile sales facility provides for the redevelopment of the existing economic contributor by the visual and physical upgrade to the site. 6a. The surrounding properties are in general currently developed with retail sales and services in a wide variety of specific uses. Much of the area is developed with long standing uses which have the potential for redevelopment in the future. The proposed redevelopment enhances the site with the reduction of access points and increase in landscaping which will set a standard for future development. 6b. The proposed development does not include the display of vehicles within Ir ' c fbot front setback. Existing lights within. the rear of the property have been aia...� a... ivv adjacent to the residential neighborhoods. V\... The 6.i_FSigLl.S.g b!L!F.R US.ibi of 1vc arM51 f.4ScFF cs r+r tai. :a-1.4i.i' :tit Fib' i }S✓e. T [c�,.C4 ee eF 'i R..., .. StnJr_R�i'yi1�B�Wy1c1�.. P:.L- LLIV 1'7.d' „ , -. 1 2007 'ITX 0 g' - LE�:�'iNATER along with the removal of existing car ports, and upgrades to the landscaping reflect the emerging character of the area and sets a higher standard for redevelopment of the older existing character of the commercial businesses. 6d. The property includes three existing buildings including the vehicle service building, sales office and internal auto detail building. The three buildings include several large panes of glass, doors and canopies that provide for changes in horizontal building planes. Circular and rectangular columns are provided at the entrances to the sales and service buildings, along with awnings over the service bays to the service building. The roof forms include both flat roofs and pitched roofs with building step backs providing relief and form. 6e. The proposed redevelopment includes extensive increases in the front landscape buffer from zero to 15 feet along Missouri. These newly created buffers will include trees, shrubs and groundcover to significantly enhance the appropriate front buffers. In addition, the required canopy trees will be dispersed throughout the site where none currently existing. (OVI GILL TM1 ENrFI RPIZISLS 13>5 S. hORT HARRISON AVE.. 1 71... 33756 72 7- 4161 -77 3 To:.City of Clearwater, Wayne Wells Re: Parking requirements TMJ I- nterprises opened in IVlay, 1987. 87. It: is a used car dealership operating, in the city of'Clearw�aer, ,it 1335 S. Ft Harrison Ave. What started as a small 16 car inventory has noon- <orov��n into an 1?0+ car and truck inventory. During my 20 years in this business I have learned many things about its operational needs. One of�those is the customer parkin spaces that I would require. I currently operate nay dealership \.vith 4 parking= spaces, which admittedly is small. However 35) spaces, as required by the city, is more than deeded. I have only 3 employees, .) oI' which drive vehicles offered for sale in display area. I -favin been in business Lill ol'this time I know that I need no more tha11 10 (:i;stomer par -king, spaces. I hope the city will consider my years of, experience as an ol'my parking needs. Thank you for your conside.rat:ion in this matter. 'Ted M ]a111, - -�. ORIGINAL RECErm) CITY OF CL"% 612_051 ceo • MAY -8 -2007 01 :58F FROM:TMJ ENTEPRISES 727 461 7733 T0:7939855 P.2 Bill of Sale This Bill of Sale, made on April CU , 2007, between KI' 23, LLC, a Florida Limited Liah,ility Coinjumn, KI' 23 Enterprises, Inc., a Florida Corporation and KP 26, LLC, a Florida Limited Liability Company { "Scher "l, and TNIIJ of Pinellas County, Inc., a Florida for profit corporation ( "Buyer "). Witnesseth, that Seller, in consideration of the sum of TEN DOLLARS ($100) and other good and valuable considcration paid to Scller by Buyer, receipt and suMciency of which is hereby acknrmledged. delivers, grants, balgalll" sells and transfers t'nrever ic, Buyer !h: following goods and chattels. to wit: Furniture end Fixtures Said property being located at: See attached Cxltibits A, B and C Also known as 1460, 1448 and 1470 -1482 S. Missouri Ave., Clearwater, FL 33756 Seller covenants to Buyer that Seller is the lawful owner of the said goods and chattels; that they are fi•ee from all encumbrances; that Seller has good right to sell that property, and that Seiler will warrant and deftrid the sale of said proper ^y. goods and. chattels unto the Buyer against the lawful claims and dernand.s of all persons whomsoever "Seller" and "Buyer" shall be used for singular or plural, natural or artificial, which terns shall include the heirs, legal representatives, successors and assigns of Seller and Buyer whenever the context so requires or admits. s K1' 23, LLC, a Florida United Liabi Company Peter Nascarella, MGRM (Corporate Scal) IU 23 Enterprises, 1 Florid, poratlon Peter Nascarella, President ?Corporate Seal) KF' 26, LLC, a Florid Limited Li y Company 13 Peter Nascarella, MGRM (Corporate Sea]) ORM. EPFI> JUW 1 , W1 C rP Y OF CLEAM, DoubleTimea °rwater 0 Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727 - 562 -4567 Fax: 727 - 562 -4865 ❑ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ❑ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION - Plans and application are required to be collated, stapled and folded into sets CASE NUMBER: RECEIVED BY (Staff Initials): DATE RECEIVED: * NOTE: A TOTAL OF 15 SETS OF THIS APPLICATION AND ALL SUPPORTING DOCUMENTATION IS REQUIRED TO BE SUBMITTED IN CONJUNCTION WITH A COMPLETE LEVEL ONE OR LEVEL TWO APPLICATION. COMPREHENSIVE LANDSCAPE PROGRAM (Revised 03/29/2006) PLEASE TYPE OR PRINT— APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4- 202.A) APPLICANT NAME: TMJ of Pinellas County, Inc. MAILING ADDRESS: 1335 Fort Harrison Avenue PHONE NUMBER: 727-461 -7733 CELL NUMBER: PROPERTY OWNER(S): TMJ Of Pinellas County, Inc. List ALL owners on the deed AGENT NAME: Keith E. Zayac, P.E., RLA MAILING ADDRESS: 701 Enterprise Road East, Ste 404, Safe PHONE NUMBER: 727- 793 -9888 FAX NUMBER: CELL NUMBER: E -MAIL ADDRESS: 1. ARCHITECTURAL THEME: Harbor, FL 34695 727 - 793 -9855 keithla-keithzavac. com a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. OR b. The design, character, location and /or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. ORIGINAL See Attachment E �, --rtierA 18 2007 PLANN09IFF �. I:ITMJ of PinellaslPermitslCity of C&AComprehensive Landscape Program 2006.doc 06/18/2007 07:28 7277239277 ZAYAC PAGE 03 0 0 2. t.t0KlWW- ,�LL. •� ....na. the eer>tlna is turned off whan the Any figKM P0011W as s Part of • Comprotwnaive LandsCoPa Program is du`wmfmFwnlr L%Nfl ..+..,. �•e• - - -. buWneae is dosed. 3. COMMUNITY CHARACTER: The ape treaknent proposed in the Comprehenshm Landscape program Wit enhance the oommunitj choredw of the C;ty of Ci"nKater- 4. PROPERTY VALUES= The tafrdsoape UMM,"wnt pnopoeed in the Gomprah"Ne Landscape Program "M have a berwyndal Impact on the value of the property in the umwdwp vicinity of Ifar pow primed 1br davatoprnern tf_ SPECIAL AREA OR SCFJW COI MOOR PLAN: The tpndreaps treatment prapaved ;n the Comprehansive Landscape pMgram is conshttent wit arty aPs isl area or scenic corridor plan wh;cn We City at CieWWaber has prepared and 0dopted for the sines In which tha parcel proposed for 0"opment Isi bested. THE LANDScAPINQ REQl ROWNTS OF ARTICLE 3. DIVISION 12 MAY BE WAIVED OR MODIFIED AS A PART OF A I.OMI- ONE OR LEVEL TWO ApR"TION, AS THE CASE MAY BE, IF THE APPLICATION FOR DEVELOPMENT APPROVAL INCLUDES A COMPREHENSIVE L P40SCAPE PRAM, VIMICH SATISFIES THE ABOVE CRITERIA. THE US€ OF LANDSCAPE PLANS, SECTIONS / ELEVATIONS, RENDERINGS AND PERSP9CTIVE8 MAY BE NECFr Y TO SUPPLEMENT THE INFORMATION PROVIDED ON THIS WORKSHEET. SIGNATURE: i, the uadafs;oned. gcknowledw that sit mpresentatione made in STATE OF thin appYoptlon am true and Mccurata to Ow hest of my Swom to w kr o**OP and authofbw City repmeer Waves to volt and photograph the property deacromd In this application. ORIGINAL. Romm JUN 18 2001 PLANNING DEPARMW CITY OF CLEARWATER L7 COUNTY OF the � PINE od banx me day of A.D. 24, � to me andtar by who I4 personalty known hes /.,Fame+# 0W of CAM, WaftACornprsher+a" L& W80" Program Notary public . State of Florida My Vision Expires Met 6.2011 Commission 9 OD 639192 0 0 ATTACHMENT E COMPREHENSIVE LANDSCAPE PROGRAM 1. Architectural Theme The existing site currently does not have a front landscape buffer along Missouri Avenue. The remaining buffer planters have minimum landscaping. The proposed planting plan includes the required 35 foot tree spacing and hedge material as well as additional shrubs and groundcover to provide a tiered effect along Missouri Avenue. The landscaping proposed is a significant increase from current conditions and is demonstrably more than required. 2. Lighting The display lighting on the property will be automatically controlled to turn off 9:OOam. The remaining lights left on will be security level lighting. 3. Community Character Currently the site is void of landscaping along the front buffer along Missouri Avenue. Missouri Avenue is one of the City's main north -south corridors, and is minimally landscaped in the location of the property. Much of the surrounding property is void of landscaping or provides the minimum requirements. The proposed development removes three existing driveways, provides a 15 foot front landscape buffer and adds a tiered landscaping program along Missouri Avenue. This proposed treatment will enhance the community character by setting a positive example of streetscape and buffering for future redevelopment efforts. 4. Property Values The immediate vicinity includes primarily small retail, restaurant and office uses on the east side of Missouri Avenue. Most properties have no front buffer landscaping along the corridor. The properties on the west side of Missouri include a mixture of larger retail and service buildings mixed with smaller buildings converted to businesses. Most of the properties have minimal landscaped areas with grass and oak trees. Almost no properties provide the current landscaping requirements. The proposed redevelopment increases the front buffer from zero to 15 feet and provides canopy trees, palm trees, hedges, low shrubs and groundcover to significantly upgrade the appearance and potential value of the property. The upgrading of the landscaping will set a positive example of redevelopment and significantly increase the potential value of the surrounding area. JUN 18 2007 P1.A NNIN$ DEPARYWN T .✓ c I fn -1 SERER wn a.m :,FA .✓ ✓ Ae£uFNi (rm� to - .✓ m0. ( 410 1 °TwE% -ePlp \ rF - I sravp) nw Ip I Aers� Been xrw a - ~ vA S, � I nwS � EABDBNT I � Q� m uu rxx i i (rottvp I- seem.✓ I ♦ 1 � ♦ _ S t \ r / �¢eTe';eTxAYW) .IO'(cSi 1 u• ( Ir +SM ex ('r nwe .✓ My -xe.BO ✓ CARL Tb�}AFIEAD •r LMDR r(RTJ) C (CG) DDaRS (rD ae REine.%Tm) ISmx aBe(ro.l 3.5 EMS NO IANDXAPE AREA W/S' HT SOLID PVC Fr110E Mai (INCLUDES PALMS k GRA4 ) T. I3'r. EXISnNG OVERHEAD DOORS jI iiF Gi'if"!. 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ASR.4aY�¢ am'nr 9yiewlp� °�.mm qO B 99 e EXISTING 15' STORMT •Ow uB^ $ E9@i8 r x wmry a 'm,,ea. mrul werxwM YnrxxAB'x 9 tdWTRx °xCrtlx�lreE NIB o. rxrxwn.a°. euwwcrmow ' nMBx rMweuq -- i ✓ x .v a a g '� „p exrmwewew:..x. e. e. wmmwreu.wvcvwv�rtexmvrv¢wrn�vu.0 �� 9�EErw FOR PE"'TPNOPURPO3E` -M" 1 OP 2 ISSUE DATE. 0618 07 - aB,S Ml vxo wow n n - ax M I meuRex/w .✓ P v I I m:laa°0 - nir 01Yhb •,, $ W WwcN -1 SERER wn a.m :,FA .✓ ✓ Ae£uFNi (rm� to - .✓ m0. ( 410 1 °TwE% -ePlp \ rF - I sravp) nw Ip I Aers� Been xrw a - ~ vA S, � I nwS � EABDBNT I � Q� m uu rxx i i (rottvp I- seem.✓ I ♦ 1 � ♦ _ S t \ r / �¢eTe';eTxAYW) .IO'(cSi 1 u• ( Ir +SM ex ('r nwe .✓ My -xe.BO ✓ CARL Tb�}AFIEAD •r LMDR r(RTJ) C (CG) DDaRS (rD ae REine.%Tm) ISmx aBe(ro.l 3.5 EMS NO IANDXAPE AREA W/S' HT SOLID PVC Fr110E Mai (INCLUDES PALMS k GRA4 ) T. I3'r. EXISnNG OVERHEAD DOORS jI iiF Gi'if"!. (TO BE RELOCATED) .I p HANDICAPPED STALL DETAIL TAr AL W DIC/.FFED 51CN DEiaL 5,8 y ,rv` Lei w 11 vwi ro twE vROVOSn wIBN%IExn - E.STMG IuGllr POLE TIP) ° u � vRxxTnv .* xm aav _ - a a xrsrxun xmc .j -\ ro Pr,ao� 12 LMDF �n °r M% sonwB :,v a� . wAws ro 1xE Nlsmura .sc ' x°iNLA oAR.'°wAa DUMeiOO iw % mi =_ aro+na . =11 - '>er�w`rvt nwLVr ,aueE mw A Im rc.R sroBU Wu SE slaBB w�eRens�'rnww I, 13 0.951(.�51(0.w %°s w . 110 W ri ooNn Im B uau I «I '( °e i s�e° aa�rv- °a1°N( +.ve s OBV•wao)/Z%I.iB n. mv) .. _ . ` 1 /I I An nwc vAK GYi 0 (I.I RFN sr) X TB t£GA'L DEXRIPPOx. L•l es �. u. m. wu Izs r.., a�wr�p � s wmNaa a me B®, In .! n. «.rao°�"e aw�±ee �� . •• • e an ew i vex. is a u.'we� ` wa F>wx u• Bwl M %A ee 4sxw xB'2 ;'la�wb xBrts°wwna x '.x�. N �..I vx.s.. F w1 v...•I... �xb x w. ePw B F,x. x °. w �..s PIE M% B.e ff � xA r WxuxS r� 14 ITE 541 0 ww¢ %ISL 18. 5 mill s 5 15' I GRAPHIC SCALE ✓ , m.e bT 1n BELLEVUE BLVD � b7 srav o.w . sttv Ba E%IBBPNGS• STORM _ `• wPAVRNR SIfFK . vKN: � �r xpR��B]BeE�RGNAR flee55lUIO A9.IIKi EXISTING S' DAP NW 0) x.• smv Bw ° 51ov 9w .v iopSBTHE �xMx�B vMwB xd5 (xl xa Hums vw eBOT uxnis0e (rm.) e 018MKi�G9WRM .` wm � (mz)w�ar(�rN4Mltt vxn I (O u' srro BM a sTm Bxn (x�xja Nwvs vm xaol NoLnlsBe x.c A�BIE RW¢ 111 � ooOfii�lf�'�I I, LEEiENIU ',:: rxone�.wuuvreaelr _ maromn+rtsax.wusv ®w. ® .awoxrx ♦� xlm��,x�.,W O U d z S E_ E = 3 rn r� ti a w 1 x. PA -.T sw , ow.ea..imerne.rourte. 1e,,,.e®n r. w U m m xor sxWn• scxs EBSnxc 5' oIP vAN = I smuWr WIB (l.v.T "'mQ R O a msnvc vAVxxmr a• tr,m s.l q x Hill B wn. rs Rsxolm a sNSnxcrasowl ki x WwuN vxnuxBxw. �mw +n � xxE WxNAw! ASR.4aY�¢ am'nr 9yiewlp� °�.mm qO B 99 e EXISTING 15' STORMT •Ow uB^ $ E9@i8 r x wmry a 'm,,ea. mrul werxwM YnrxxAB'x 9 tdWTRx °xCrtlx�lreE NIB o. rxrxwn.a°. euwwcrmow ' nMBx rMweuq -- i ✓ x .v a a g '� „p exrmwewew:..x. e. e. wmmwreu.wvcvwv�rtexmvrv¢wrn�vu.0 �� 9�EErw FOR PE"'TPNOPURPO3E` -M" 1 OP 2 ISSUE DATE. 0618 07 LEEiENIU ',:: rxone�.wuuvreaelr _ maromn+rtsax.wusv ®w. ® .awoxrx ♦� xlm��,x�.,W O U d z S E_ E = 3 rn r� ti a w 1 x. PA -.T sw , ow.ea..imerne.rourte. 1e,,,.e®n r. w U m m xor sxWn• scxs EBSnxc 5' oIP vAN = I smuWr WIB (l.v.T "'mQ R O a msnvc vAVxxmr a• tr,m s.l q x Hill B wn. rs Rsxolm a sNSnxcrasowl ki x WwuN vxnuxBxw. �mw +n � xxE WxNAw! ASR.4aY�¢ am'nr 9yiewlp� °�.mm qO B 99 e EXISTING 15' STORMT •Ow uB^ $ E9@i8 r x wmry a 'm,,ea. mrul werxwM YnrxxAB'x 9 tdWTRx °xCrtlx�lreE NIB o. rxrxwn.a°. euwwcrmow ' nMBx rMweuq -- i ✓ x .v a a g '� „p exrmwewew:..x. e. e. wmmwreu.wvcvwv�rtexmvrv¢wrn�vu.0 �� 9�EErw FOR PE"'TPNOPURPO3E` -M" 1 OP 2 ISSUE DATE. 0618 07 '?LAMMING DRAR MEN 1 CnY OF CLEARINATEP r -OtNrR xolix ENSTING B' SMITMY SEWER .✓ r . aw -Tro - LIAM (RU) G) . e•a,� -,rx. Z— _ -- - orvwEw DeOECmIC. wn uN i ea+m ^' .+ ."'xAUSilwew awe, PA A -• `� sxEEr cs xcc x� I� .✓ r r '� V'wnvw °xwN SNnwxA I I - x .rrA I J �.wpyT°Lxo wam II �IP r�Irsr. as -m D""-Sro I .- rwsslrE Vw r LMDRr(RSJ) C (CG) 15 _ :.: IxulwfM ¢w it aSSm+D ?.r woE uxoswE S wACK uru �o• w /S' (P xr salm etc rvNE INEMnDOxmnoR ae NE umllNS - - - REOUxaD aew7 __ act a ,I+E arm s ��� XESawnD ws ww a m cost a< sucx wXt°i w"�u. r e I e r ns n w ru IzRwNO D ERS,ac Sa. 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SKIP 6 °MalEp � mLLV '"EpC1gMNiNE °e�4tIKK1 N31EY IS i0 S1AX>LY IOt4 CPpmE m ALL Pk911tED V.roaDWE arrrt wrpaN, n GRAPHIC GALE ,rIE EwrRrcmRS XEmprslwurc ro rDUSr wAmrNC AwwRS rxo rRXrNmacr m nRau exorRR Eawd5RNENr ar ru EwR wlEmrl. RIE DOmD�RR Rwl. ff �IXwX wD, wa �� rxD DI�IHD w� mE wmRN.+on swL AwN mrIADE ro�ENmro Iwxs A•o Sravlls ax .� I �ry _ n� yrE rinr u.r w wv xm aE wmurzv al ,wE vuxs. XmDxrE XEauRwa wN cwc,. s-EC v®am wXXNw• a : D nsxalEn a+D mArsTO m .,ao osr®X•r Ax -wac mmE N0G s"sEmlNOwaanas RRU eawXras. xuowAr RAERNEXr a oiler m'4�axmlad1E"eXDUUUE.e".a` urcvwoX.ul nraelury "ca O W I wu -r-r� s�mv m lurax weunw Ix''E wurorani much of pW: w -m wR. mlmwmlR Iorww ae srs,or swlE ae aEp1"own°PEOOw'"ullDmiwl°POm�RR aorsaX MvxrtX Rw -aNrl U S-EC ROXrw uraww a swRrY aercc a. RR E x„wIED ro sla I mislw"x° �DEO. o� � IF9"aE "DV°wrs: D.EIAw.�°i"Nar`N".alw" �crm . x !rw! ex' _ D. ae mo sla�`i. ravi°"r ro°EQCCm°�Sx oe" m°E vmx�`^wxXS awnm °. C wxnE•GraX D �ACEmM >xE e«wnvr srsm Xwm+wls �+ O - 'a, `a O U aB.XNw� « w,I.w "I,�E`:"aia�Dan 'I— A Irlwll a IT m°w. r+I,slllrs c u,wK I vea:vx Xw uxxR rxE RNxEae vRE I roENNAV4 RR 6 awWMwE�C S�waiOIEOUI£ W TC. IWL wE ViE 5 a I �. �vµeBAr R�u� wlwlw a i Z c O w- NvsrN uTAw/w• oc O F [�-D a ...._ I� z co Avs°Nao rAxNw•roDRC /'\ frwEau : Y�'f'.16GG•X° �<.,..... _ ^) U 1 u ww �R1gR cc«ISa run wnx D corrtXDIEQ l Mme, ) � /ENERAL mEE vBOIECnaN NDIES: ew - s /upyflnU.MX t' i/ • RE IRED BMXICIDES MD eUG41NG SHAU. BE ERECTED BY NE CONTRACTOR MD —ROWD BY E ENGINEER MD OW CEMWATER RRIDR TG ✓ CGNUD4C 14T IF IMD &L ARON ACTINTES. }N .� BAARmAOFS SHALL REMAIN IN RACE UNIIL EEF1399 11M MD CIJNSTRUCnM AC-P. ME cDNI.I.ET[D. • DumNG LANG AITERAVIN MD CQI5IRUCTDN B ¢ -- ACHE. IT SHALL BE UNEAYFl0. M —OVE rE ARIX BY GRUBBING M M FA SQL. P13` SHEEP 1 FOR ADDITIONAL DEMS, , mRIS. SOLVENTS, (MN ucnax K, NACHRD O NT OF MY Z, RY M r p WATIO ANN! SITE PLAN api�j S = _ - A iREE TO REMAIN W KIND THE D N A TREE V XINo an, SIT: UNIESS OTIERwSE A OVED BY W JLATIO °" TR BARRICAO D TAI SCE Nis ae vERMITTINO CUImasBS OrAr . 2 OF 2 ISSUE DATE'. 06.18.07 lamew • AIN 18 200'7 'PLA NN NG DEPARTME, Coy OF CLEARI ATF It • 0 0 0 0 0 JUN 18 2007 �PLANNONG DEPARTMENT CHY OF'CLEARWATER I ,`: x.11.. • :7 • • R 7t 4 Iii 18 mm PLANNING MPARiMENT CrTY OF CLEARWATER • 0 Tree Inventory mn� to oif nJAP�ellas County Tne, 1 1�1V Vl. 1 a 1460 S. Missouri avenue Clearwater, Florida May 12, 2007 Prepared by: Alan Mayberry, Consulting Arborist For .Keith Zayac and Associates Inc. 0 ORIGN4 "CENFI) JUN 18 2001 PLANNINI$ DFft1+,%,MfENT CITY OF CLEARWATER The following report is submitted by Alan Mayberry, Consulting Arborist, and includes Findings that I believe are accurate based on my education, experience and knowledge in the field of Arboriculture. I have no interest personally or financially in this property and my report is factual and unbiased. This report is the property of Keith Zayac And Associates Inc., and will not be given to other entities unless so directed. Tree Preservation Strategies The subject property is a former car lot and only has three protected trees and two palms growing within the property lines. The two palms are recommended for preservation but all three trees are recommended for removal. The remaining trees in the inventory are growing close to the property line but on adjacent property. The root system of these trees will have to be protected during construction but that issue will be addressed at the construction permit phase. The following tree inventory provides condition ratings and field notes to assist with tree preservation objectives. Tree Inventory Data A tree inventory is a written record of a tree's condition at the time of inspection. It is a valuable tool to prioritize tree maintenance and remove trees with. problems that could lead to failure and cause personal injury or property damage. The tree inventory lists four codes and also has a comment section. The following is an explanation of the data used in the inventory: Tree# - location - Each tree is assigned a number for reference in the inventory that corresponds with a number on the site plan that identifies the location of the tree in the field. Size — Tree size is a measure of the tree's trunk diameter measured at 4.5' above grade. If there is a fork in the trunk at that point the diameter is measured at the narrowest area below the fork. Palm species are measured in feet of clear trunk (C.T.). Species — Each tree is listed by its common and botanical name the first time it is listed in the inventory. For simplicity the tree is listed by its common name thereafter. Condition Rating — The condition rating is an assessment of the tree's Overall structural strength and systemic health. Elements of structure include: 1) the presence of cavities, decayed wood, split, cracked, rubbing branches etc., 2) branch arrangements and attachments; i.e., well spaced vs. several branches emanating from the same area on the trunk, codominant stems vs. single leader trunk, presence of branch collars vs. included bark. Elements of systemic health relate to the tree's overall energy system measured by net photosynthesis (food made) vs. respiration (food used). A tree with good systemic health will have a vascular system that moves water, nutrients and photosynthate around the tree as needed. Indicators of a healthy systemic system used in the overall condition rating LU include: 1.) live crown ratio (the amount of live crown a tree has relative to its mass), 2) CO! 3 r. � c i_ ' 3) ti t , (shoot elongation is a sign that the � � CrOW11 density (density 01 the iGllagc), �� �i� gi'0'N�„ `Siivv� � .,..g ,,.b.. tree is making and storing energy. U z Z "+- The overall condition rating also takes into consideration the species, appearance and any unique features. The rating scale is 0 -6 with 0 being a dead tree and 6 a specimen. U Increments of 0.5 are used to increase accuracy. Examples of the tree rating system are as follows: 0- A dead tree I - A tree that is dying, severely declining, hazardous, harboring a communicable disease or a tree designated by the State of Florida's Exotic Pest Plant Council as a category #1 ecological pest i.e., Brazilian pepper tree (Schinus terebinthifolius). A tree with a rating of 1 should be removed as it is beyond treatment and is a threat to cause personal injury or property damage. 2 — A tree exhibiting serious structural defects such as codominant stems with included bark at or near the base, large cavities, large areas of decayed wood, crown dieback, cracked /split scaffold branches etc. In addition, a tree with health issues such as low energy, low live crown ratio, serious disease or insect problems, nutritional deficiencies or soil pH problems. A tree with a rating of #2 should be removed unless the problem(s) can be treated. A tree with a #2 condition rating will typically require a considerable amount of maintenance to qualify for an upgrade of the condition rating. 3- A tree with average structure and systemic health and with problems that can be corrected with moderate maintenance. A tree with a codominant stem not in the basal area that will be subordinated or cabled and braced or a codominant stem that will soon have included bark can be included as a #3. A tree with a rating of 43 has average appearance, crown density and live crown ratio and should be preserved if possible. 4- A tree with a rating of 4 has good structure and systemic health with minor problems that can be easily corrected with minor maintenance. The tree should have an attractive appearance and be essentially free of any debilitating disease or insect problem. The tree • 0 should also have above average crown density and live crown ratio. Mature trees exhibiting scars, old wounds, small cavities or other problems that are not debilitating can be included in this group particularly if they possess unique form or other aesthetic amenities relating to their age. A tree with a rating of 4 is valuable to the property and should be preserved. 5 — A tree with very high live crown ratio and exceptional structure and systemic health and virtually free of insect or disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptional aesthetic amenities. A tree in this category should be of a species that possesses characteristics inherent to longevity and withstanding construction impacts. A tree with a 95 rating lends considerable value to the site and should be incorporated into the site design. A tree with a #5 rating is worthy of significant site plan modification to ensure its preservation. 6 — A specimen tree. A specimen tree is a tree that possesses a combination of superior qualities in regards to systemic health, structural strength, crown density, live crown ratio, form (balanced crown), overall aesthetic appeal, size, species, age and uniqueness. A great effort should be made to preserve a specimen tree including shifting structures that would adversely impact the tree. In - addition, a specimen tree should. have an undisturbed area equal to its dripline (equal to the branch spread) to grow in. Only an experienced and competent International Society of Arboriculture (I.S.A.) Certified Arborist should be allowed work on a specimen tree. Comments: The comment section serves to note observations relative to the tree but not covered in the inventory data or expands on information in the inventory data. It may include maintenance recommendations to improve the tree's overall condition rating. It may also have recommendations on whether to remove or preserve a tree. NOTE: A tree inventory is typically valid for 3 -5 years. However, events. such as drought, lightning, mechanical root damage, freeze, improper maintenance and severe storms can downgrade the rating value of a tree. Conversely, remedial maintenance can upgrade the value. If you suspect that a tree has been adversely affected, have the tree inspected by a qualified International Society of Arboriculture (ISA) Certified Arborist. Note: Whenever possible it is advised to adhere to inventory recommendations when selecting trees .to be preserved. For example, trees rated 4.0 and higher should be preserved if at all possible, while trees rated 2.0 and lower should be removed unless otherwise noted in the inventory. Trees rated 2.5 are generally recommended for removal unless remedial work is performed to upgrade them. Trees rated 3.0 and 3.5 are average trees that have good potential and warrant serious consideration for preservation but not to the extent that site plan modifications are necessary. When work of an arboricultural nature is recommended in the inventory it should be performed directly or under the supervision of a competent International Society of Arboriculture (ISA) Certified Arborist. As the cherry laurel tree is a weak compartmentalizing species this tree should be removed. 12. 14" cherry laurel 2.5 Comments: This tree is located 6" from tree 911 and may form a basal attaclunent below grade. As tree HI l is recommended for removal and this tree is situated six inches away, its root system will be affected and it will not be stable after #1 1 is removed. Recommend removal. 13. 1 0' live oak (Quercus Orginiana) 15 14. 7" citrus 3.0 *15. 11" sand live oak 3.0 16. 4" sand live oak 2.0 17. 31" sand live oak 2.0 Comments: This tree has an open basal cavity on the southwest side that is 9" wide.at the base of the tree and extends up the trunk 3' where the cavity is 2' wide. The tree had a large codominant that was removed and apparently stripped down to the base destroying tissue. This tree needs to be removed as it will likely evolve into a hazard_ ous tree. The form and live crown ratio are average. Recommend removal. 1:18. 14" sand live oak 4.0 * 19. 6" laurel oak 2.0 *20. 7" live oak 2.0 *21. 21" laurel oak 3.0 *22. 8" laurel oak 2.5 *23. 7" live oak 2.5 24. 24" Stump mimosa (Albizia lebbeck) 0.0 e� Comments: Dead stump. 0 *25. 10" & 12" jacaranda (Jacaranda miniosifolia) 1.0 *26. 7" cherry laurel 3.0 a uJ c; *27. 6'' cherry laurel 2.5 "28. 5" cherry laurel 2.5 Field note: Trees X29 — 33 are foxtail palms and numbers 29, 31 and 32 have less than 10' of clear trunk and are not protected by the provisions of the City of Clearwater's Code of Ordinances. However, they are included here as they are in good health and have considerable value and could be preserved in place or transplanted on -site. 29. 9' CT foxtail palm (lodyetia bifurcate) 4.0 30. 10' CT foxtail palm 4.0 3 i . 9 � i tuxtal pa,i 32. 9' CT foxtail palm 4.0 33. 10' CT foxtail palm 4.0 ®c oa • 9 2PRA O JUN 18 1001 PLANNING ®WIENT CITY OF CLEQWATEIZ ,I o 9 2PRA O JUN 18 1001 PLANNING ®WIENT CITY OF CLEQWATEIZ 0 0 STORMWATER NARRATIVE The proposed stormwater system includes a normally dry retention pond located in the northwest corner of the property. The pond is designed to retain the runoff from the proposed pavement for a 100 year storm event as shown on the site plan. After retention of the volume the runoff will discharge through a control structure to an existing inlet along Missouri Avenue. The remainder of the site currently drains to the east. There is no proposed pavement associated with the remainder of the site, which includes a substantial reduction in the existing impervious area. JUN 18 2007 pt/�a► RING I E ST •„ v - to o ; Ck � �� 4v . 9i . • .l �J1y •y « err R E � 4t i 92 �Ma. . R1` Staae- Storaae- Perimeter Project Name: TMJ of Pinellas County Project Number: 611 -07 Designer: kez Date: 5/13/2007 Comments: POND 1 7,541 cu -ft required retention for 100 year storm (ft) (ft) (ft3) Area @ Top of Bank(TOB): 8,988.0 Elevation: 70.00 Volume: 15,176 Area @ Design High Water(DHW): 7,756.0 Elevation: 69.15 Volume: 8,018 Area @ Design Low Water(DLW): 7,756.0 Elevation: 69.15 Volume: 8,018 Area @ Bottom /Normal Water Level(BOT /NWL): 6,188.0 Elevation: 68.00 Volume: 0 STAGE AREA VOLUME STAGE AREA VOLUME (ft) (ft') (ft') (ft) (ft') (ft) 68.00 6,188.0 0.0 69.00 7,588.0 6,888.0 68.04 6,244.0 248.6 69.04 7,644.0 7,192.6 TOTAL VOLUME 68.08 6,300.0 499.5 69.08 7,700.0 7,499.5 VOLUME: 8,018 ft 3 68.12 6,356.0 752.6 69.12 7,756.0 7,808.6 68.16 6,412.0 1,008.0 69.16 7,812.0 8,120.0 68.20 6,468.0 1,265.6 69.20 7,868.0 8,433.6 68.24 6,524.0 1,525.4 69.24 7,924.0 8,749.4 68.28 6,580.0 1,787.5 69.28 7,980.0 9,067.5 68.32 6,636.0 2,051.8 69.32 8,036.0 9,387.8 68.36 6,692.0 2,318.4 69.36 8,092.0 9,710.4 68.40 6,748.0 2,587.2 69.40 8,148.0 10,035.2 68.44 6,804.0 2,858.2 69.44 8,204.0 10,362.2 68.48 6,860.0 3,131.5 69.48 8,260.0 10,691.5 68.52 6,916.0 3,407.0 69.52 8,316.0 11,023.0 68.56 6,972.0 3,684.8 69.56 8,372.0 11,356.8 68.60 7,028.0 3,964.8 69.60 8,428.0 11,692.8 68.64 7,084.0 4,247.0 69.64 8,484.0 12,031.0 68.68 7,140.0 4,531.5 69.68 8,540.0 12,371.5 68.72 7,196.0 4,818.2 69.72 8,596.0 12,714.2 68.76 7,252.0 5,107.2 69.76 8,652.0 13,059.2 68.80 7,308.0 5,398.4 69.80 8,708.0 13,406.4 68.84 7,364.0 5,691.8 0 z C= 69.84 8,764.0 13,755.8 68.88 7,420.0 5,987.5 -n Z m 69.88 8,820.0 14,107.5 68.92 7,476.0 68.96 7,532.0 6,285.4 6,585.6 0 !V co ze 69.92 69.96 8,876.0 8,932.0 14,461.4 14,817.6 O 70.00 8,988.0 15,176.0 M m i UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: KP23 Enterprises, Inc., Case No. 8:07 -bk- 00015 -CPM Chapter 11 Case Debtor. ORDER GRANTING MOTION TO AUTHORIZE SALE FREE AND CLEAR OF LIENS, CLAIMS AND E101CUMBRANCES (Dkt. No. 13) This matter came on for hearing on February 8, 2007, on the Motion to Authorize Sale Free and Clear of Liens, Claims and Encumbrances (Dkt. No. 13) ( "Motion to Sell ") filed by the Debtor, KP23 Enterprises, Inc., and the Response to the Motion to Sell and to Debtor's Certification of Request for Expedited Hearing (Dkt. No. 24) ( "Response ") filed and served by FAK Enterprises, Inc. ( "FAK "), Dennis R. Lowe and J. Gerard Correa as Trustees of the Marie E. Lowe 'Trust U1171) 07/06/1999, Frederick A. Karavas and All World POS, Inc., as Assignees of Raphael and Esther Cohen (collectively "FAK "), this Court having heard and considered argument of counsel for the Debtor, FAK, the City of Clearwater, Cecilia Schwartz, Guy Keith Harrison, Mary Joan Webb and Carolyn Chaney as the Chapter 7 Trustee of A & J Automotive Group, Inc., this Court having reviewed the Motion to Sell and the Response and being otherwise fully advised in the premises, this Court hereby finds and concludes as is set forth herein as follows: 1. This Court considered the recitation of facts, proffers of evidence and legal argument, as well as the stipulations of counsel for FAK, the City of Clearwater, Cecelia Schwartz, the Debtor, Peter Nascarella and Kelly Nascarella, the Debtor's principals, and 1 ,OCU295 18802 -295 -6918 0 • determined the subject Motion to Sell was fully compliant with the provisions of 11 U.S.C. §363(f)(2) and (3); and 2. The Motion to Sell is hereby GRANTED consistent with the terms as set forth in the Motion to Sell, as amended at the hearing described above and consistent with the terms and conditions set forth herein; and 3. All Objections to the Motion to Sell, including the Response, are hereby OVERRULED; and 4. Lots 11 and 12, as such terms are described in the Motion to Sell, will be sold free and clear of all liens, claims, encumbrances and other interests, including but not limited to various lis pendens filed as against the property, except as is set forth herein; and 5. Notice of the hearing on the Motion to Sell was adequate and appropriate and provided sufficient notice for purposes of approving a sale of property of the estate within the meaning and effect of I 1 U.S.C. §§ 363 and 541; and 6. Ted Juhl ( "Juhl ") is the successful purchaser of hots 11 and 12, as such terms are described in the Motion to Sell; and 7. Of the creditors' claims which are not in bona fide dispute, Juhl's purchase price of $550,000.00 is sufficient to pay the aggregate value of all liens on hots 11 and 12, as such terms are described in the Motion to Sell; and 8. All of the requirements and conditions of 11 U.S.C. § 363(f), Rules 2002, 4001 and 6004 of the Federal Rules of Bankruptcy Procedure have been complied with, satisfied or otherwise waived; and 9. The Debtor is authorized and directed to transfer ownership, and Juhl is authorized and directed to close on the transfer of ownership of Lots 11 and 12, on or before 2 000295 18802- 295 -0918 • 0 March 2, 2007, as such terms are described in the Motion to Sell, as such property is described more particularly on the Purchase and Sale Agreement, a copy of which is attached hereto as Exhibit "A ", together with all furniture, fixtures and equipment owned by the Debtor, for a total purchase price of $550,000.00; and 10. Such transfer shall be free and clear of any and all liens, encumbrances, interests or other rights, including, without limitation, any and all ad valorem real estate and personal property taxes, pursuant to 11 U.S.C:. § 363; and 11. Juhl and the Debtor are hereby authorized and directed to execute such necessary and appropriate closing papers and other documents to effectuate the meaning and effect of the above - described transaction consistent with the Settlement Statement, a copy of which is attached hereto as Exhibit "B "; and 12. The settlements amounts negotiated by the Debtor and the parties described in paragraph 20 below, are expressly conditioned upon the above - described sale occurring ' on or before March 2, 2007, or such other date as may be agreed upon in writing by and between such patties and the Debtor; and 13. All closing papers, documents, transfer and conveyance instruments shall be in a form and content satisfactory to Juhl and the Debtor; and 14. Juhl is determined to be an individual who will purchase Lots 11 and 12, as such terms are described in the Motion to Sell, in good faith, with the meaning and effect, and-as such term is described, in 1.1 U.S.C:. § 363(m) and the reversal or modification of this Order on appeal shall have no effect on the validity of the sale under such authorization; and 3 000295 18802- 295 -6919 • • 1.5. The Debtor shall take all necessary and appropriate steps to ready Lots I 1 and 12, as such terms are described in the Motion to Sell, for the transfer of title, ownership and control to Juhl; and 1.6. The Debtor and Juhl shall bear all costs associated with the closing of the sale and shall make such disbursements in accordance with the Closing Statement attached hereto as Exhibit "B "; and 17. As a condition to the City of Clearwater's substantial reduction of its claim for code enforcement violations downward to $25,000.00, the Debtor (along with the related Debtors, KP26, LLC and KP23, LLC) will collectively escrow the sum of Fifty Thousand Dollars ($50,000.00) for a period not to exceed six (6) months from the closing of such sales to ensure the buyer of the KP Entities' properties will comply with the applicable municipal codes for which the KP Entities were cited by the City ( "Escrowed Monies "); and 18. The Escrowed Monies, will continue to be impressed with the City of Clearwater's code enforcement lien, if any at all, to the same extent, validity and priority as existed prior to the filing of the Debtor's bankruptcy petition, and will be held by Steven M. Berman, Esq. and Berman PLC in a Non -KYl'A interest bearing trust account ( "Escrow ") to ensure such code compliance to and until the earlier of. (A) six (6) months, (B) an appropriate application made by the City to the United States Bankruptcy Court for the Middle District of Florida and Steven M. Berman, Esq. and Berman PLC asserting that the buyer of the KP Entities' properties have not complied with the applicable municipal codes for which the KP Entities were previously cited by the City or (C) a written notice of release of such Escrow; and 19. Juhl will be responsible to ensure the purchased property is fully compliant with all applicable City of Clearwater codes and if, as a result of any failure to so conform, the City of rd 000295 18802- 295 -6919 Clearwater makes a claim as against any portion of the Escrowed Monies, Juhl will be obligated to the Debtor's Estate to replenish the Escrowed Monies to the extent of any and all claims made against the Escrow; and 20. In addition to the outlined closing costs described above, and whether or not specifically set forth on the proposed Settlement Statement attached hereto as Exhibit "B ", out of the Debtor's sale proceeds, as well as the proceeds from the sale of Lots 7 -10 and Lot 13 owned by related Debtors, KP26, LLC and KP23, LLC respectively, the following payments or disbursements, agreed to by the parties set forth below on the one hand and the Debtor on the other hand, will be collectively made: Party Amount A. FAK $1,350,000.00 B. Cecilia Schwartz $ 275,000.00 C. City of Clearwater $ 25,000.00 D. Guy Keith Harrison' $ 50,000.00 E. Carolyn Chaney, Ch. 7 T'ee2 $ 65,000.00 F. Berman/Clwtr. Trust Acct. $ 50,000.00 G. United States Trustee Fees $ 12,500.00 21. The $1,350,000.00 to be disbursed to FAK shall not act as a waiver, compromise, settlement or satisfaction of all amounts owed to FAK which: (i) were secured by, (ii) which were to have been secured by or (iii) which were intended by FAK to have been secured by the subject properties; and ' This payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the. parties thereto. 'This payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 5 000295 18802- 295 -6920 • 22. But for the filing of the above- styled bankruptcy case, the amounts which would be due on the promissory notes and mortgages (which were intended to secure all of the notes held by FAK on the subject loans) appears to exceed $1,350,000.00 and PAK is certainly permitted to pursue the filing of unsecured claims in this case as well as collateral sources of recovery; and 23. The remainder of the net sales proceeds will be held in a separate interest bearing non -IOTA Trust Account for the Debtor to cover remaining administrative expenses, claims and interests in the Debtor's case on terms and conditions acceptable to the Office of the United States Trustee; and 24. The sale of Lots 11 and 12, as such terms are described in the Motion to Sell, constitutes and contemplates the issuance, transfer or exchange of a security, or the making or delivery of an instrument of transfer in connnection with a Chapter 11 plan, but the Debtor shall reserve sufficient funds to pay documentary stamp taxes in the event the Court determines that 11 U.S.C. section I I46(a) does not apply to this case; and 25. The Debtor is hereby directed to file a Chapter I 1 liquidating plan, dealing with the transactions contemplated in this Order, on or before February 14, 2007, and the approvals set forth herein are conditioned upon the timely filing of such a plan; and 26. Juhl is permitted to record this Order in the Pinellas County Public Records and with any such other governmental or other appropriate agency; and 27. Pursuant to Rule 6004(8) of the Federal Rules of Bankruptcy Procedure, this Order is intended to be immediately effective upon its entry, its effect is not stayed for any T 000295 18802 -295 -6920 period of time and the parties to which this Order is directed may immediately act and rely upon it; and 28. This Order is not intended to otherwise impair any creditor's right to file unsecured claims in the above - styled case; and 29. This Court shall retain such other and further jurisdiction to enforce this Order and to make such other and further orders as are necessary and appropriate to effectuate its meaning and effect. March 27, 2007 DONE AND ORDERED in Tampa, Florida this nunc pro tunc to 2 -8 -07. Catherine Peek NMcEwen United States Bankruptcy Judge cc: KP23 Enterprises, Inc., 1460 S. Missouri Ave., Clearwater, FL 33756 KP23, LLC, 1460 S. Missouri Ave., Clearwater, FL 33756 KP26, LLC, 1470 S. Missouri Ave., Clearwater, FL 33756 A&J Automotive Group, Inc., 1460 S. Missouri Ave., Clearwater, FL 33756 Steven M. Berman, Esq., 401. S. Florida Ave., Ste. 300, Tampa, FL 33602 Robert Wahl, Esq., 4301 Anchor Plaza Parkway, Suite 300, Tampa, FL 33634 John Goldsmith, Esq., Post Office Box 1102, Tampa, Florida 33601 Jay Verona, Esq., 7235 First Ave. So., St. Petersburg, FL 33707 Dennis J. Levine, Esq., P.O. Box 707, Tampa, FI, 33601 -0707 Wendy Brewer, Esq., 11 So. Meridian St., Indianapolis, IN 46204 L.A. Perkins, Esq., 5355 'Town Center Rd., Ste. 900, Boca Raton, FL 33486 Stephen Allen, Esq., 3606 Swann Avenue, Tampa, FL 33609 Douglas Burns, Esq., P.O. Box 4087, Clearwater, FL 33758 Leslie Dougall- Sides, Esq., City of Clearwater, City Attorney's Office, P.O. Box 4748, Clearwater, FL 33756 Florida Department of Revenue c% Gordon Keister, Esq., PO Box 2299, Mango, FI_ 33550 7 000295 18802- 295 -6921 • Florida Department of Revenue, 5050 W. Tennessee St., Tallahassee, FL 32339 Florida Department of Revenue, P.O. Box 6668, Tallahassee, FL 32314 Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC: 20530 Civil Process Clerk, Office of the United States Attorney, Paul Ignatius Perez, 400 North Tampa Street, Ste. 3200, Tampa, FL 33602 Civil Process Cleric, Office of the United States Attorney, 2110 First Street, Ste. 3 -137, Fort Myers, FL 33901 Internal Revenue Service, Centralized Insolvency Operations, P.O. Box 21126, Philadelphia, PA 191.14 United States Trustee's Office, 501 E. Polk Street, #1200, Tampa, FL 33602 All Creditors on the Creditor Mailing Matrix FAShared Oft-ice Filcs \ClientsCNasearella\KP Entities Cases \Pleadings KP23 Enterprises \o- sale redlinedAm 3 000295 18802 -295 -6921 Exhibit "A" 000295 18802- 295 -6922 WA 1. PURCHASE AND SALE: � Ted Juhl � ('Buyer") r agrees to buy and x P 23 Bnte rises Inc ( "Seiler°) 3- agrees to sell the property described as: Street Address: 1448 S Kiesouri Ave q' Clearwater, FL 33756 (Contract 0) 5- Legal Description: (22- 29-15 - 22968- 000 -0120) - Duncan•s, A. H. Reaub Lot 11 Less W 125ft 8' (22- 29 -15- 22968 -000 -0120) - Duncaa's, A. X. Resub Lot 12 Less Rd On E 7- and the following Persona( Property: V s (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 tt days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a 52 Saturday, Sunday or national legal holiday will be Wended until 5:00 p.m. of the next business day. 13. 2. PURCHASE PRICE: $ sso,00a.00 to- (a) Deposit held in escrow by Sure Title 15• (b) Additional deposit to be made within days from Effective Date $ 16' (c) Total mortgages (as referenced in Paragraph 3) 5 4_4D,000.00 17, (d) Otder: ,a- (e) Balance to close, subject to adjustments and prorations, to be made with cash, locaay drawn S iao. aa�a .40 19 cenified or cashier's check or wire transfer. m* 3. THIRD PARTY FINANCING: Within days from Effective Date ( "Application Period'), Buyer wilt, at Buyer's expense, apply for 21- third party financing in the amount of S or % of the purchase pace to be amortized over a period of 22• years and due in no less than years and with a fixed interest rase not to exceed O °� per year or variable interest rate not 23• to exceed D % at origination with a lifetime cap not to exceed °,,o from initial rate, wit:r: additional terms as follows: 24- Buyer to provide to Seller; proof of funding within, 10 day of effective date. 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer will timey provide any and alt credit, 26 errs oyment, financial and other information reasonably required by any lender. Buyer will notify Seller immediately upon obtaining 2r fnancing or being rejected by a tender. ii Buyer, after diligent effort, fails to obtain a written commitment within 30 days from 2e Effective Date ( "Financing Period "), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's deposks) will be 29 returned to Buyer in accordance with Paragraph 9. 30• Buyer lL�- _-) and Seller���) L,a acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC -2 (D 1997 Florida /Association of REALTORS@ AN Rights Reserved This software is licensed to (Paul vonreldt - 5unstar Reel Estate LLC) w— transectiondeak -com- .1 '- . 0(10295 18802- 295 -6922 35' o is- provided there exists at closing no viol of the foregoing and none of them prevents dyer's intended use of the Property as 37' 38' (a) Evidence of Title: Seller will, at (check one) J Seller's Q Buyer's expense and within days J from Effective Date 39' 0 prior to Closing Date JD from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 40- X a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in Jr the amount of the purchase price for fee simple title subject only to exceptions stated above. 42' J an abstract of title, prepared or brought current by an existing abstract firm or certi led as correct by an existing firm. <3 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as 44 a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format as acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all 45 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title :s defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper 4G, written notice and Seller cures the defects within is days from receipt of the notice ( "Curative Period "). If the defects are s: cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. It the defects are 52 net cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects tg s: elect whether to terminate this Contract or accept title sub;ect to existing detects and close the transaction without reduction in x purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract ss charges and title examination. 56 (c) Survey: (check applicable previsions below) S7- 0 Seller witi, within s days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and sa- engineering documents, if any, and the following documents relevant to this transaction: ss• , prepared for Seller or in Seller's W possession, which show all currently existing structures. e,. 0 Buyer will, at J Seller's ❑ Buyer's expense and within the time period allowed to deliver and examine title evidence. e2 obtain a current certified survey of the Property from a reg'stered surveyor. If the survey reveals encroachments on the 63• Property or that the improvements encroach on the lands of another, :3 Buyer will accept the Property with existing a<• encroachments ❑ such encroachments will constitute a title defect to be cured within the Curative Period. as (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. r-e (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 67. 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Pinellas County. Florida on ea• or before the Jaanary 20th. 2007 or within days from Effective Date ( "Closing Date'), unless otherwise extended Ea• herein. 9 Seller O Buyer will designate the closing agent. Buyer and Seller will, within is days from Effective Date, deliver to 7c Escrow Agent signed instructions which provide for closing procedure. if an institutional tender is providing purchase funds, lender 71 requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract, 72 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 any encumbrance at or prior to.closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 (b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent rdl, 76 tenant and tender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 the change in ownership /rental agent. If any tenant refuses to execute an estoppel letter, Seller will certify that information 7e regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a resolution of its Board of Directors ry authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth ac facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer el will provide the closing statement, mortgages and notes, security agreements and financing statements. �� This software is licensed to [Paul VonFeldt - SunStar Real Estate LLCi www.transactiondeak.cam. � / = 82- Buyer ) and Seller,�_j ( _� acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. 000295 18802 -295 -6923 87 allowance being made for improvements and exemptions. Setter is aware of the following assessments affecting or potentialy W affecting the Property: 89 Buyer will be responsible for all asse nts of any kinci which become due and owi or after Effective Date, unless the 9J improvement is substantially complete as of Closing Date, in which case Seller will be ligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ('FIRPTA') requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ( *I.R.S. ") if Seller is a 'foreign person' as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, G4 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding is required 95 and Buyer does not have cash sufficient at closing to meet the Wthholding requirement, Seller will provide the necessary turics 96 and Buyer will provide proof to Seller that such funds were property remitted to the I.R.S. ar 6. ESCROW: Buyer and Seller authorize sure Tina 99' Telep-tone: 727- 443 -5300 FaCSimile: Address: 99• to act as "Escrow Agei it" totr to rece ve funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow 101• Agent will deposit all funds received in 3 a non - interest bearing escrow account 0 an interest bearing escrow account with tm* interest accruing to with interest disbursed (check one) Z) at closing to3• C3 a: intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 104 Agent's duties or liabilities under this Contract, he /she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the toe escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon 1o7 notiying the parties of such action, Escrow Agent will be released from all liability except for the duty to account for items tot previci -sly delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter *3 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereuncer or -10 interpleads the subject matter of the escrow. Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with r such lees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor :12 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misde:ivery to Buyer or Seller of 113. escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY COMMON: Seller will deliver the Property to Buyer at tee time agreed in its present "as is" condition, ordinary -1s wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition, Seller makes no warranties '16 other than marketability of title. By accepting the Property 'as is," Buyer waives all claims against Seller for any defects in the -17 propery. (Check (a) or (b)) ..:& ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its 'as is' condition. -19. M (b) Due Diligence Period: Buyer will, at Buyer's expense and within zo days from Effective Date ('Due Diligence Period'), 123 determine whether the Property is suitable, in Buyer's sole and absolute discreton, for Buyer's intenced use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ( "Inspections') which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 a-chitectural, environmental properties: zoning and zoning restrictions: flood zone designation and restrictions; subdivision 124 reoulations; soil and grade: availability & access to public roads, water, and other utilities: consistency with local, state and regional its go-xih management and comprehensive land use plans: availability of permits, government approvals and licenses. compliance with 126 Ameecan with Disabilities Act: absence of asbestos, soil and ground water contamination. and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property for Buyer's intended use and development. Buyer shall deliver written notice 12a to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. its Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition. 13o Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections: provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnry and hold Seller harmless front losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all levels, and from liabifrty to any person, arising from the conduct of 134 a iy and all inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mechanic's lien tat Oe ng filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 136 reoar all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections. and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 13s Ir><pections. Should Buyer deliver timely notice that 1he Property is not acceptable, Seller agrees that Buyer's deposit shall be 132 srnmediatety returned to Buyer and the Contract terminated. This software is licensed to IPaul vonFeldt - Sunstar Real Estate LLCt www.transactiondeak.cotn. lac- Buyer 0, :d-'l ) and Seller �� -_✓-�j (____) acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. 000295 18802 - 295 -6923 s 1. Radon Gas: Radon is a naturally occurring radioactive gas :hat, when : -as accumulated in a building in sufficient =6 qua-,- lies, may present health riskj&persons who are exposed to it ove' : rne. Lev, ' of radon that exceed federal and state 47 guid°� -es have been found in buildW in Florida. Additional information regarding and radon testing may be obtained <a from v�ur county public health unit. ' .:s 2. Energy Efficiency: Buyer may have determined the energy effic:ency rG' ng of the building, if any is located on the Real so Pro:r -Ty. ;51 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will cc°tinue to operate the Property and any business i52 conducte: :,n the Property in the manner operated prior to Contract and will to <e no action that would adversely impact the }ss Property..snants. tenders or business, K any. Any changes, such as renting va:,a,t space, that materially affect the Property or 154- Buyer's intended use of the Property will be permitted 2 only with Buyer's cc ,sent _:] without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contact, in the : ent any condition of this Contract is not met and t58 Buyer has :mety given any required notice regarding the condition having not can met, Buyer's deposit will be returned in 157 accordant= Mth applicable Florida laws and regulations. :se 10. DEFAVLT: 159 (a) In tr.- event the sale is not closed due to any default or failure on the pa-: c` Seller other than failure to make the title 160 marketGce after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer r ects a deposit refund, Seller will be liable to Broker for the full amc_ -: of the brokerage fee. :02 (b) In : ^e evert the sale is not closed due to any default or failure on the pay of Buyer, Seller may either (1} retain all deposit(s) 163 paid cr agreed to be paid by Buyer as agreed upon liquidated damages, c:-- sideration for the execution of this Contract, and in 154 full se:: a ent of any claims, upon which this Contract will terminate or (2) see< specific performance. If Seller retains the 165 depose. Seller will Fay the Listing and Cooperating Brokers named in Fara ; -a.oh 12 fifty percent of all forfeited deposits retained 1es by Seller ;to be split equally arrong the Brokers) up to the full amount of tre t,okerage tee. 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising c:,: cI or relating to this Contract, the prevailing party, 16s which for 1=.j-poses of this provision will include Buyer, Seller and Broker, v. I::=- awarded reasonable attorneys' fees, costs anc tse expenses fro 12. BROKERS: Neitner Buyer nor Seller has utilized the services of, or for a-:, other reason owes compensation to, a licensed 171 real esta:: Broker other than: ,72' (a) List ng Broker: Ea1 l VQnFeldt of Mandalay aeall;v 1r3• who is :9 an agent of seller O a transaction broker O a nonrepresentative 1 �G and ��h_. will be compensated by IS Seller ❑ Buyer � both parries purs,_2 to 29 a listing agreement O other (specify} 176' 2% of Sale price - 176, :77- 17tr (b) Cooperating Broker. Ana seilec of rtsalc Action First: 179' who s aJ an agent of Buyer 0 a transaction broker O a nonrepresentative 130• and v: hz ,viii be compensated by O Buyer (3 Seller O both parties pursues- : ;c 3 an M± S or other offer of compensation to a 1811 coope,a:i'lg broke' :j ogler (specify) 2% of sale price 1q� 1�• lies (collective'; referred to as 'Broker') in connection with any act relating to the Pro = ert) including but not limited to inquiries, 1es introductt-is. consultations and negotiations resulting in this transaction. Selle- and Buyer agree to indemnify and hold Broker te7 harmless `rom and against losses, damages, costs and expenses of any kind. 'i_luding reasonable attorneys' fees at all levels. and ii Ea from Iabd-_y to any person, arisirg from (1) compensation claimed which is Inc : - °istent with the representation in this Paragraph, (2) me enforcerr•ez: action to collect a brokerage fee pursuant to Paragraph 10, (3) ar di1y accepted by Broker at the request of Buyer or Seller, v:-ich duty is beyond the scope of services regulated by Chapter 47-5. _. as amended, or (4) recommendations of or services 191 provided and expenses incurred by any third party whom Broker refers, recor--: -ends or retains for or on behalf of Buyer or Seller. 19r 13, ASSIGNABILITY; PERSONS BOUND. This Contract may be assignee :c a related entity, and otherwise O is not assignable 1s3- W is assinriabte. The terms 'Buyer," "Seller' and "Broker" may be singular c• clural. This Contract is binding upon Buyer, Seller 1s4 and tt-eir Heirs, personal representatives, successors and assigns (if assign-rent is permitted). 195- Buyer ' " t_..__j and Seller4# ( ^) acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. .T,4. o-4. v_ . e+ is Ii - ^naAd 1.n r9o1,1 Vr1nFfW1rr1' - R,tnRtHr RP*- VAfatA T,r.r1 www.t.P.inaa,ntinr- A.- ak.nnm. 000295 18802- 295 -6924 :w O Seller Representations 0 5e:ler 1- financing .3 Other zot 15. MISCELLANEOUS: The terms of tlontract constitute Vie entire agreement bet uyer and Seller. Modifications of 2oz this Contract will not be binding unless in nting, signed and delivered by the party to be und. Signatures, initials, documents 2o3 referenced in this Contract, counterparts and written modifications communicated electronically cr on paper will be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail 2os over prepnnted terms. If any provision of this Contra --t is or becomes invalid or unenforceable, all rernaining provisions will continue 2a5 to be fully effective. This Contract will be construed under Florida law and will not be recorded ir. any public records. Delivery of any 2o7 written notice to any party's agent will be deemed delivery to that party. 2oa THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY tae PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 2to IMPORTANT TO THEM AND TO CONSULTAN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 211 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 2t2 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALV..ED ADVICE- BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 2m REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTAMNS OR PUBLIC 2ts RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 216 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPER Y VAW E. 2ys• DEPOSIT RECEIPT: Deposit of $ 10,000-00 b'y 2l check © other received on 219' . uns 21st 2006 ty 220 Signature of Escrow Agent 221 OFFER: Buyer offers to purchase the Property or the above terms aid conditions. Unless acceptance is signed by Setter and a 222- signed copy delivered to Brayer or Buyer's agent no later than :I a.m.:J p.m. on 223 Buyer may revoke this offer and receive a rye €u -'n-cc of all deposits. 224- Date: BUYER: Tax ID No: 225' Title: Telephone: Facsimile: zee- Address: 227• Date: 228` 222' BUYER: Tax ID No: Title:__,__ Address: Telephone: Facsimile: 230' ACCEPTANCE: Seller accents Buyer's offer arc agrees to sell the Propen>en the above terms and conditions (0 sut)ject to the 231 attached counter offer). 23r Date: SELLER: -�' ��' Tax ID No: 233' Title: Telephone: Facsimile: 234• Address: 235' Gate: 236- 236* SELLER: Title:.____,. Address: Tax ID No: _ Telephone: Facsimile:_____,..____ 23W Buyer %� (J and Seller�.�) {_1 acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. The Fli rica Asaeciation of REAt.TCRS makes no epresentatio^ as to the legal validity or adequacy of any provision of this farm in any specific transactior_ This standardized form should not be used in complex transactions or with extensive f ders or add tions. This form is available for use by the entire real esta:s industry and is not intended to identittyy the user as a REkTm REAL:-c-, is a registered collective merrOwship maeK which may be used only by real estate licensc -s who art., members of the NATt NAL ASSOCIATION` OF REALTORS a is who subscribe to its Code of Ethics. The copyright laws of 1~,4 United States (11 U.S. Code) fortrc tre unauthorized reprcduction of th:s form by arty means including facsimile cr computenzed form=_. CC -2 C� 1497 Florida Association of RITORS© All Rights Reserved �` j�� / Thin software Is licensed to tpaul vonFeldt - SunStar Real Betat! LLCI www.traneactiondeek.com� 000295 18802- 295 -6924 Addendum No. 3 _I to the Cect dated December 2eo6 between low It P 23 LLC (Seller) and Ted Juhl (Buyer) concerning the property described as: . 1448 S. Missouri Ave Clearwater FL (the "Contract "). Buyer and Seller make the following terms and conditions Part of the Contract: 1. Contract pending- on the purchase of the following properties. Parcel (1) - (Contract C). Address: 1470 -1482 S Missouri Ave, Clearwater, FL 33756: -3219 ID #: 22- 29 -15- 99684- 000 -0070 Legal (short) Zephyr Hills Sub Lots 7 Thru 10 Parcel (2) - (Contract A) Address: 1460 S Missouri Ave, Clearwater, PL 33756 -3219 ID##: 22- 29 715- 22968- 000 -0131 Legal (short) Duncan's, A. H. Resub W 125ft Of E 145ft Of Lot 13 Date: Date: Date: Date: Buyer: Buyer: Seller: Seller: Des tam is available for use by the entre rest estate widuzq and is not 6uertded to ideruify the user as a REAmp- RFALTOR is a registered o0a8cti- menttxrshiP mark that may be used ordy by real estate licensees who are members of the National Assbdation of ReAr_ioRS and wtrxt subscribe to its Coded Ethics. 11�7 1 AGSP 2a Rev. 6194 0'994 Florida Association of REFG0:z5O A.I Rights Reserves _ Thia eottware is licenevd to tBaul VmFeldt - SunStar Real Setate LLC) . .traaaaetiondask.Cam. 000295 18802- 295 -6925 81 32 Pinellas County Property Appraiser Parcel Information 000295 18802- 295 -6925 L,,�1-5 h� t� '` 2 LO 4 r-' c J r� _ r C% Exhibit "B" OW295 18802- 295 -6926 T 6. File Number 7. Loan Number 8. Morli Ins. Case Num. ( ) 1. FHA (_) 2. FmHA 3. Conv. s. 07 -10007 .! 4. V.A. ( -) 5. Conv. Ins. ID: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. G. NAME OF BORROWER: Address of Borrower: E. NAME OF SELLER: Address of Seller: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: H. SETTLEMENT AGENT: Place of Settlement: I. SETTLEMENT DATE: Ted Juhl, a married man 67 Midway Island, Clearwater, Florida 33767 KP23 Enterprises, Inc., a Florida corporation 1460 S. Missouri Avenue, Clearwater, Florida 33756 TIN: 35- 2212576 Wachovia Bank, N.A. P. O. Box 10723, Attn: RCS- VA0343, Roanoke, Virginia 24022 -0723 1448 S. Missouri Avenue, Clearwater, Florida 33756 Sure Title TIN: 61- 1464536 235 N. Garden Ave, Clearwater, Florida 33755 Phone: 727443 -5300 3/15/07 DISBURSEMENT DATE: 3/15/07 of .. 1 1 �ross amount e s•• • wer: I 01, Contract sales price 550,000.00 transaction 400 401. Contract sales price 550,000.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (Line 1400) 3,587.85 403. 104. 404. 105. 106. City/town taxes 405. 406. City /town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower: 553,587.85 420. Gross amount due to seller: 550,000.00 201. Depositor earnest money 10,000.00 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 440,000.00 502. Settlement charges to seller (line 1400) 157,043.45 203_ Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 275,000.00 205. 505. Payoff of second mortgage loan 206. 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 208. 508. United States Trustee 3,750.001 . 209. 210. City/town taxes 509. Florizs Doqali Trust Account 510. City /town taxes 65,000.00 211. County taxes from 01/01/07 to 03/15/07 346.83 511. County taxes from 01/01/07 to 03/15107 346.133 212. Assessments 512. Assessments I 2.13. 513. E 214, 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid by /for borrower: 450,346.83 520. Total reductions in amount due seller: 501.140.28 11 fro . borrower- 301. Gross amount due from borrower (line 120) 553,587.85 611 at-settiement to/from seller-:. 601. Gross amount due to seller (line 420) :>ii 000.1;0 j _ .1I 302. Less amount paid by/for the borrower (line 220) (450,346.83) 602. Less total reductions in amount due seller (line 520) (501,140 -28`) 303. Cash ( ✓C From i ) To ) Borrower: 000295 18802- 295 -6926 103,241.02 603. Cash ( [ ✓� To [�._ I From ) Seller: i 48,859.72 �r •�••�� .�.- .- ettlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on 701. 11,000.00 2.0000 % to Mandalay Realty Funds at Settlement Funds at Settlement 702. 11,000.00 2.0000 %to Action First 703. Commission paid at settlement 22,000.00 704. :try Items paVable'in connection 801. Loan origination fee to % to :. -: 802. Loan discount % to 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mortgage insurance application fee to 807. Assumption Fee to 808. to 809. to 810. to 811. 900 Items required bv lender to be paid in 901. Interest from to I to /day 902. Mortgage insurance premium for months to 903. Hazard insurance premium for years to 904. Flood insurance premium for years to 905. 000 deocsited with lende 1001. Hazard insurance ears to months Borrower PO per month 1002. Mortgage insurance months per month 1003. City property taxes months per month 1004. County property taxes months a per month 1005. Annual assessments months per month 1006. Flood insurance months per month 1007. months a per month 1008. months 21 per month 1009. Aggreqate accounting adjustment 1101. Settlement or closing fee to Sure Title 150.00 150.00 1102. Abstract or title search to Sure Title 100.00 1103. Title examination to Sure Title 100.00 100.00 1104. Title insurance binder to 1105. Document/Loan preparation to Sure Title 250.00 1106. Notary fees to 1107. Attorneys Fees to (includes above item numbers: 1108. Title Insurance to Sure Title 25.00 2,825.00 (includes above item numbers: 1109. Lender's coverage Premium): $440,000.00 ($0.00) 1110. Owner's coverage (Premium): $550,000.00 ($0.00) 1111. Endorse: 8.1- 25;F9- 285.00;SE -100 410.00 1112• to 1113. era Government xecordinq . . transfer charqes: 1201. Recording fees Deed to $18.50 Mortgage(s) $171.50 Releases $18.50 190.00 18.50 1202. City /county tax/stamps Deed Mortgage(s) $880.00 880.00 1203. State tax/stamps Deed Mortgage(s) $1,540.00 1,540.00 1204. State tax/stamps Deed to Berman PLC 3,850.00 1205. 00 A.. • . •- 1301. Survey to to :. -o POC. 1302. Motion to Compromise Controversy to Trenman Kempker Trust Account 50,000.00 1303. 2005 RE Taxes to Diane Nelson, Tax Collector 1,211.60 1304. 2006 RE Taxes to Diane Nelson, Tax Collector 1,788.35 1305. Incoming Wire Fee to Sure Title 20.00 1306. Overnight Delivery Fee to Sure Title 22.85 1307. Code Violation to City of Clearwater 25,000.00 1308. Sale Order Agreement to Berman PLC 50,000.00 1309. 1400. Total - 0(X)295 I sxo2_?() 5_r,y» d 502 Section K F 3,587.851 157,043.45 �r •�••�� .�.- .- ettlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on IN RE: KP23, LLC, Debtor. UNITED S'TA'TES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case No. 8:07 -bk- 00016 -CPM Chapter 11 Case ORDER GRANTING MOTION TO AUTHORIZE SALE FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES (Dkt. No. 10) This matter came on for hearing on February 8, 2007, on the Motion to Authorize Sale Free and Clear- of Liens, Claims and Encumbrances (Dkt. No. 10) ( "Motion to Sell ") filed by the Debtor, KP23, LI,C, and the Response to the Motion to Sell and to Debtor's Certification of Request for Expedited Hearing (Dkt. No. 22) ( "Response ") filed and served by FAK Enterprises, Inc. ( "FAK "), Dennis R. Lowe and J. Gerard Correa as 'Trustees of the Marie E. I,owe Trust U /T/D 07/06/1999, Frederick A. Karavas and All World POS, Inc., as Assignees of Raphael and Esther Cohen (collectively "FAK "), this Court having heard and considered argument of counsel for the Debtor, FAK, the City of Clearwater, Cecilia Schwartz, Guy Keith Harrison, Mary Joan Webb ' and Carolyn Chaney as the Chapter 7 Trustee of A & J Automotive Group, Inc., this Court having reviewed the Motion to Sell and the Response and being otherwise fully advised in the premises, this Court hereby finds and concludes as is set forth herein as follows: 1. This Court considered the recitation of facts, proffers of evidence and legal argument, as well as the stipulations of counsel for FAK, the City of Clearwater, Cecelia Schwartz, the Debtor, Peter Nascarella and Kelly Nascarella, the Debtor's principals, and 1 000295 18802 -295 -6928 • • detennined the subject Motion to Sell was fully compliant with the provisions of H. U.S.C. §363(f)(2) and (3); and 2. The Motion to Sell is hereby GRAN'T'ED consistent with the terms as set forth in the Motion to Sell, as amended at the hearing described above and consistent with the terms and conditions set forth herein; and 3. All Objections to the Motion to Sell, including the Response, are hereby OVERRULED; and 4. Lot 13, as such terms are described in the Motion to Sell, will be sold free and clear of all liens, claims, encumbrances and other interests, including but not limited to various lis pendens filed as against the property, except as is set forth herein; and 5. Notice of the hearing on the Motion to Sell was adequate and appropriate and provided sufficient notice for purposes of approving a sale of property of the estate within the meaning and effect of 11 U.S.C. §§ 363 and 541; and 6. Ted Juhl ( "Juhl ") is the successful purchaser of Lot 13, as such terms are described in the Motion to Sell; and 7. Of the creditors' claims which are not in bona fide dispute, Juhl's purchase price of $1,132,000.00 is sufficient to pay the aggregate value of all liens on Lot 13, as such terms are described in the Motion to Sell; and S. All of the requirements and conditions of 11 U.S.C. § 363(f), Rules 2002, 4001 and 6004 of the Federal Rules of Bankruptcy Procedure have been complied with, satisfied or otherwise waived; and 9. The Debtor is authorized and directed to transfer ownership, and Juhl is authorized and directed to close on the transfer of ownership of Lot 13, on or before March 2, 2 000295 18802 -295 -6928 2007, as such terms are described in the Motion to Sell, as such property is described more particularly on the Purchase and Sale Agreement, a copy of which is attached hereto as Exhibit "A ", together with all furniture, fixtures and equipment owned by the Debtor, for a total purchase price of $1,132,000.00; and 10. Such transfer shall be free and clear of any and all liens, encumbrances, interests or other rights, including, without limitation, any and all ad valorem real estate and personal property taxes, pursuant to 11 U.S.C. § 363; and 11. Juhl and the Debtor are hereby authorized and directed to execute such necessary and appropriate closing papers and other documents to effectuate the meaning and effect of the above - described transaction consistent with the Settlement Statement, a copy of which is attached hereto as Exhibit "13 "; and 12. The settlements amounts negotiated by the Debtor and the parties described in paragraph 20 below, are expressly conditioned upon the above - described sale occurring on or before March 2, 2007, or such other date as may be agreed upon in writing by and between such parties and the Debtor; and 13. All closing papers, documents, transfer and conveyance instruments shall be in a form and content satisfactory to Juhl and the Debtor; and 14. Juhl is determined to be an individual who will purchase Lot 13, as such terms are described in the Motion to Sell, in good faith, with the meaning and effect, and as .such term is described, in 11 U.S.C. § 363(m) and the reversal or modification of this Order on, appeal shall have no effect on the validity of the sale under such authorization; and 3 000295 18802 -295 -6929 0 0 15. The Debtor shall take all necessary and appropriate steps to ready Lot 13, as such terms are described in the Motion to Sell, for the transfer of title, ownership and control to Juhl; and 16. The Debtor and Juhl shall bear all costs associated with the closing of the sale and shall make such disbursements in accordance with the Closing Statement attached hereto as Exhibit "B "; and 17. As a condition to the City of Clearwater's substantial reduction of its claim for code enforcement violations downward to $25,000.00, the Debtor (along with the related Debtors, KP23 Enterprises, Inc. and KP26, LLC) will collectively escrow the sum of Fifty Thousand Dollars ($50,000.00) for a period not to exceed six (6) months from the closing of such sales to ensure the buyer of the KP Entities' properties will comply with the applicable municipal codes for which the KP Entities were cited by the City ( "Escrowed Monies "); and 18. The Escrowed. Monies, will continue to be impressed with the City of Clearwater's code enforcement lien, if any at all, to the same extent, validity and priority as existed prior to the filing of the Debtor's bankruptcy petition, and will be held by Steven M. Berman, Esq. and Berman PLC in a Non -IOTA interest bearing trust account ( "Escrow ") to ensure such code compliance to and until the earlier of: (A) six (6) months, (B) an appropriate application made by the City to the United States Bankruptcy Court for the Middle District of Florida and Steven M. Berman, Esq. and Berman PL.0 asserting that the buyer of the KP Entities' properties have not complied with the applicable municipal codes for which the KI' Entities were previously cited by the City or (C) a written notice of release of such Escrow; and 19. Juhl will be responsible to ensure the purchased property is fully compliant with all applicable City of Clearwater codes and if, as a result of any failure to so conform, the City of 4 000295 18802- 295 -6929 0 0 Clearwater makes a claim as against any portion of the Escrowed Monies, .luhl will be obligated to the Debtor's Estate to replenish the Escrowed Monies to the extent of any and.all claims made against the Escrow; and 20. In addition to the outlined closing costs described above, and whether or not specifically set forth on the proposed Settlement Statement attached hereto as Exhibit "B ", out of the Debtor's sale proceeds, as well as the proceeds from the sale of Lots 7 -1.0 and hots 1 I and 12 owned by related Debtors, KP26, LLC and KP23 Enterprises, Inc. respectively, the following payments or disbursements, agreed to by the parties set forth below on the one hand and the Debtor on the other hand, will be collectively made: 21. The $1,350,000.00 to be disbursed to FAK shall not act as a waiver, compromise, settlement or satisfaction of all amounts owed to FAK which: (i) were secured by, (ii) which were to have been secured by or (iii) which were intended by FAK to have been secured by the subject properties; and t 'Ibis payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 2 This payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 5 000295 18802- 295 -6930 Party Amount A. FAK $1,350,000.00 B. Cecilia Schwartz $ 275,000.00 C. City of Clearwater $ 25,000.00 1). Guy Keith Harrison' $ 50,000.00 E. Carolyn Chaney, Ch. 7 T'ee2 $ 65,000.00 F. Berman/Clwtr. Trust Acct. $ 50,000.00 G. United States Trustee Fees $ 12,500.00 21. The $1,350,000.00 to be disbursed to FAK shall not act as a waiver, compromise, settlement or satisfaction of all amounts owed to FAK which: (i) were secured by, (ii) which were to have been secured by or (iii) which were intended by FAK to have been secured by the subject properties; and t 'Ibis payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 2 This payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 5 000295 18802- 295 -6930 0 0 22. But for the filing of the above- styled bankruptcy case, the amounts which would be due on the promissory notes and mortgages (which were intended to secure all of the notes held by FAK on the subject loans) appears to exceed $1,350,000.00 and FAK is certainly permitted to pursue the filing of unsecured claims in this case as well as collateral sources of recovery; and 23. The remainder of the net sales proceeds will be held in a separate interest bearing. non - IO'T'A Trust Account for the Debtor to cover remaining administrative expenses, claims and interests in the Debtor's case on terms and conditions acceptable to the Office of the United States Trustee; and 24. The sale of Lot 13, as such terms are described in the Motion to Sell, constitutes and contemplates the issuance, transfer or exchange of a security, or the making or delivery of an instrument of transfer in connnection with a Chapter 11 plan, but the Debtor shall reserve sufficient funds to pay documentary stamp taxes in the event the Court determines that 11 U.S.C. section 1. 146(a) does not apply to this case; and 25. The Debtor is hereby directed to file a Chapter 11 liquidating plan, dealing with the transactions contemplated in this Order, on or before February 14, 2007, and the approvals set forth herein are conditioned upon the timely filing of such a plan; and 26. Juhl is permitted to record this Order in the Pinellas County Public Records and with any such other governmental or other appropriate agency; and 27. Pursuant to Rule 6004(g) of the Federal Rules of Bankruptcy Procedure, this Order is intended to be immediately effective upon its entry, its effect is not stayed for any Ai 000295 18802 -295 -6930 period of time and the parties to which this Order is directed may immediately act and rely upon it; and 28. This Order is not intended to otherwise impair any creditor's right to file unsecured claims in the above- styled case; and 29. This Court shall retain such other and further jurisdiction to enforce this Order 7 000295 18802- 295 -6931 0 0 and to make such other and further orders as are necessary and appropriate to effectuate its meaning and effect. March 27, 2007 DONE AND ORDERED in Tampa, Florida this nunc pro tunc to 2 -8 -07. &4A Catherine Peek McEwen United States Bankruptcy Judge cc: KP23 Enterprises, Inc., 1460 S. Missouri Ave., Clearwater, FL 33756 KP23, LLC, 1460 S. Missouri Ave., Clearwater, FL 33756 KP26, LLC, 1470 S. Missouri Ave., Clearwater, FL 33756 A &J Automotive Group, Inc., 1460 S. Missouri Ave., Clearwater, FL 33756 Steven M. Berman, Esq., 401 S. Florida Ave., Ste. 300, Tampa, Fl, 33602. Robert Wahl, Esq., 4301 Anchor Plaza Parkway, Suite 300, Tampa, Ff, 33634 John Goldsmith, Esq., Post Office Box 1102, Tampa, Florida 33601 Jay Verona, Esq., 7235 First Ave. So., St. Petersburg, FL 33707 Dennis J. LeVine, Esq., P.U. Box 707, `Pampa, Ft, 33601 -0707 Wendy Brewer, Esq., I 1 So. Meridian St., Indianapolis, IN 46204 L.A. Perkins, Esq., 5355 'Town Center Rd., Ste. 900, Boca Raton, FL 33486 Stephen Allen, Esq., 3606 Swann Avenue, Tampa, Fl., 33609 Douglas Burns, Esq., P.O. Box 4087, Clearwater, FI. 33758 Leslie Dougall- Sides, Esq., City of Clearwater, City Attorney's Office, P.O. Box 4748, Clearwater, FL 33756 Florida Department of Revenue c% Gordon Keister, Esq., PO Box 2299, Mango, FL 33550 Florida Department of Revenue, 5050 W. Tennessee St., Tallahassee, FL 32399 Florida Department of Revenue, P.O. Box 6668, Tallahassee, FL 32314 Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530 Civil Process Clerk, Office of the United States Attorney, Paul Ignatius Perez, 400 North Tampa Street, Ste. 3200, Tampa, FL 33602 Civil Process Clerk, Office of the United States Attorney, 2110 First Street, Ste. 3 -137, Fort Myers, FI.. 33901 Internal Revenue Service, Centralized Insolvency Operations, P.O. Box 21126, Philadelphia, PA 19114 United States Trustee's Office, 501 E. Polk Street, #1200, Tampa, Ff. 33602 All Creditors on the Creditor Mailing Matrix F:1.Shared Office Files \Clients\Nascarella\KY Entities CasesTleadings K123LW -sale KP23.doc 8 000295 18802- 295 -6931 Exhibit "A" " 000295 18802- 295 -6932 11 1. PURCHASE AND SALE: Ted .1 ( "Brayer') agrees to buy and R P 23 LLe ('Seller ") agrees to sell the property described as: Street Address: 1460 S. kiseouri Ave Clearwater, FL 33756 -3219 (Contract A) Legal Description: (22-29 -15- 22968 -000 -0131) - Duncan's, A. H. Resub'W 125ft Of S 145ft Of Lot 13 and the following Personal Property: (all collectively referred to as the "Property') on the terms and conditions set forth below. The "Effective Date" of this Contract is the date on which the last of the Parties suns the latest offer. Time is of the essence in this Contract. Time eeriods of 5 i days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending Ono 2 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m, of the next business day. 2. PURCHASE PRICE: 13z, 1100.11Q 14• (a) Deposit held in escrow by Sure Title �� 3 a ,_ocp • Eao ts• (b) Additional deposit to be made within days from Effective Date 16, (c) Total mortgages (as referenced in Paragraph 3) (d) Other: $ .1- (e) Balance to close, subject to adjustments and prorations, to be made with cash, locally drawn 196.46Q304 ? certified or cashier's check or wire transfer. 2•Y- 3. THIRD PARTY FINANCING: Within days from Effective Date ("Application Period "), Buyer will. a? Buyer's eY:�ense, apply far third party financing in the amount of S or % of the purchase price to be armonized over a veriod of 22- years and due in no less than years and with a fixed interest rate not to exceed 'J °!o per year oT variac.'e interest rate not to exceed U % at origination with a lifetime cap not to exceed % from initial rate. with additional terms as fellows: 24- Buyer to provide to Seller; proof of funding within 10 day of effective date. 2-5 Buyer will pay for the mortgagee We insurance policy and for all loan expenses. Buyer Ml timety, provide any and a: credit. zs employment, financial and other information reasonably required by any fencer. Buyer wilt no,ify Seller immediately L'o-on obtaining 27* financing or being rejected by a tender. If Buyer, after diligent effort, fails to ootain a viritten commitment within 3 r days from Zd Effective Date ( "Financing Period'), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's dz_cosit(s) veil; be returned to Buyer in accordance with Paragraph 9. A �o Buyer (Ti and Seller`'.l. (. _, acknowledge receipt of, copy of this page, which is page 1 ref 5 Pages. CC -2 ® 1997 Florida Association of Rm.TORs® All Rights Reserved 0 ih €a software in liceaaed to (Paul VonPeldt - SunStar Real SttAts LL.CI +rww- tra�aactlondeak.coo. 03 000295 18802 -295 -6932 J uu $il , If CG VI ❑C 1.J, CGIZCI I ICI 0.J Q, 7u C, Il;uf I IuT w mt tC� VI I vuul u V7 A/ IVVYI s lV .4c11G out subject to property taxes for the year of closing: covenants, restrictions and public utility easernents of record; and (list any ather matters to which title will be subi0 provided there exists at closing no violation of the foregoing and none o` them prevents Buyer's intended use of the Property as (a) Evidence of Title: Seiler will, at (check one) M Seller's O Buyer's expense and within 30 days O from Effective Date X prior to Closing Date 0 from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) 33 a title insurance commitment by a Florida licensed title insurer anti, upon Buyer recording the deed, an owner's policy in the amount of the purchase price for fee simple title subject only to exceptions stated above. O an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a forma; acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper written notice and Seller cures the defects within 15 days from receipt of the notice ( "Curative Period'). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seiler may elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 5 charges and title examination. F (c) Survey: (check applicable provisions Celow) $I Seller will, within s days front Effective Cate, deliver to Buyer copies of prior sur• .,eys, plans, specifications, and a engineering documents, if any, and the following documents relevant to this transactior: prepared for Seller or in Seller's X possession, which show all currently existing struct,;res. X Buyer will, at J Sellers M Buyer's expense and within the time period allowed to delver and examine title evidence. obtain a current certified survey of the Property from a registered surveyor. tt the survey reveals encroachments on the ,r Property or that the improvements encroach on the lands of another, 0 Buyer will accept the Property with existing encroachments 0 such encroachments will constitute a title defect 'o be cured within the Curative Period. a:, (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing. 5. CLOSING DATE AND PROCEDURE: This transaction will be closed In Pinellas County, Florida on _e or before the January 20th, 2007 or within days from Effective Dale ( "Clos nc Date "), unless otherwise extended eq- herein. IN Seller 0 Buyer will designate the closing agent. Buyer and Seller will, within is days from Effective Date, deliver to ?o Escrow Agent signed instructions which provide for closing procedure. if an institutional fender is providing purchase funds, lender 7, requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. 2 (a) Costs: Buyer will pay taxes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 2 Seller will pay taxes on the deed and recording fees for documents needed to cure title de'e --'s. If Seller is obligated to discharge any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. (b) Documents: Seller will provide the deed, bill of sale. mechanic's lien affidavit, assignments of leases, updated rent roll, tenant and lender estoppel letters, assignments of permits and licenses. corrective instruments and letters notifying tenants of the change in ownership /rental agent. ft any tenant refuses to execute an estoppel letter, Seller will certify that information 76 regarding the tenant's lease is correct. If Seller is a corporation, Seller will deliver a reso Don & its Board of Directors ,o authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth an facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to ®uer. Buyer ra- will provide the closing statement, mortgages and notes, security agreements and financing statements. � ) This software is licensed to [Paul VonFeldt - SunStar Real Estate LLCt vvv.tranaactioadesk.com. l � _1 AO s;- Buyer 06)t ) and Setter. =�': (� acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. 000295 18802 -295 -6933 i as of I Cdf CZROM lauta. LAA JU a1 1u 03Z=00I I Mill Nuy111=111A daaut t 1GU e ry vu ycr n Ital r � rents, association dues, insurance premiums acceptable to Buyer, operational expenses and If the amount of taxes and assessments foselxernpions. current year cannot be ascertained, rates for evious year will be used with due allowance being made for improvements Seller is aware of the following a ' ments affecting or potentially affecting the Property: Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Date, unless the improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. (d) FIRPTA Tax Withholding: The f=oreign Investment in Real Property Act ( "FIRPTA ") requires Buyer to withhold at closing a portion of the purchase proceeds for remission to the internal Revenue Service ( "I.R.S. *) if Seller is a "foreign person" as defined by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, appropriate documentation to establish any applicable exemption from the withholding requirement. it withholding is required and Buyer does net have cash sufficient at closing to meet the withholding requirement. Seller will provide the necessary funds and Buyer will provide proof to Seller that such funds were properly remitted to the I.R.S. 6. ESCROW: Buyer and Seller authorize Sure Title Telephone: 727- 443 -5300 f=acsimile: Address: 235 N Garden Ave, ciearvater, FL 33755 to act as 'Escrow Agent' to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract, Escrow Agent will deposit all funds received in X a non - interest bearing escrow account L] an interest bearing escrow account with 2• interest accruing to with interest disbursed (check one) ❑ at closing J at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow Agent's duties or lia ilities under this Contract, he/she may (a) hold the subject matter of the escrow until the parties mutually s agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the is escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute. Upon J notifying the parties of such action. Escrow Agent will be released from all liability except for the duty to account for items previously delivered out of escrow. If a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 475, Florida Statutes. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 4 in'serpleads the subject matter of the escrow. Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with . i such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor z of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for miscielivery to Buyer or Seiler of 3 escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 7. PROPERTY CONDITION: Seller will delnrer the Property to Buyer at the time agreed in its present °as is" condition, ordinary s wear and tear excepted. and will maintain the landscaping and grounds in a comparable condition. Seller makes nc warranties other than marketability of title. By accepting the Property "as is." Buyer waives all claims against Seller for any defects in the property. (Check (a) or (b)) s -3 (a) As Is: Buyer has inspecte-c the Property or waives ary right to inspect a -)d accepts the Property in its "as is" condition. a• M (b) Due Diligence Period: Buyer will, at Buyer's expense and within 20 days from Effective Darr; ( "Due Diligence Period".). determine whe,"Ier the Property is suitable, in Buyer's sole and absolute discrvicr:, for Buyer's intended use and development of I the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and z investigations ( "inspections ") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, s architectural, environmental properties: zoning and zoning restrictions; flood zone designation and restrictions; subdivision regulations; soil and grade; availability of access to public roads, water, and otne, utilities; consistency with local, state and regional s growtr management and comprehensive lard use plans; avalability of permits, government approvals and licenses; compliance with s American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems appropriate to determine the sdtability of the Property for Buyer's intended use and development. Buyer shall deliver written notice• s to Seller prior to the expiration of the Due Diligence Period of Buyer's determinaLon of whether or not the Property is acceptable. 3 Buyer's failure tc comply with this notice requirement shall constitute acceptance of the Property in its present "as is" condition. Seller grants to Buyer, its agents. contractors and assigns, the right to enter the Property at any time during the Due Diligence 1 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the z Property and conduct Inspections at their own risk. Buyer shall indemnify and nold Seller harmless from losses, damages, costs. 3 Balms and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of I any and all inspections or any work authorized by Buyer. Buyer will not engage In any activity that could result in a mechanic's lien 5 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall > repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the S inspections. Snculci Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shag be 3 immediately returned to Buyer and the Contract terminated. 0 This software is liceaeed to (Paul Vortroldt - sunstar Real notate LLCI www.transactiondeox -con+. r Buyer ( fit and Sellerl.� (_) acknowledge receipt of a copy of this page. which is page 3 of 5 Fudges. 000295 18802 - 295 -6933 property is on the premises. (d) Disclosures: 1. Radon Gas: Radon is a natural urring radioactive gas that, when it has acd*'lated in a building in sufficient quantities. may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public Health unit. 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real Property. 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted 2 only with Buyer's consent C7 without Buyer's consent. 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in , accordance with applicable Florida laws and regulations. a 10. DEFAULT. Z (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 0 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposits) or (2) seek specific performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. F (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain all deposit(s) -a paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek specific performance. If Seller retains the .5 deposit, Seller will pay the testing and Cooperating Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained ea by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 6' 11. ATTORNEY'S FEES AND COSTS. in any claim or controversy arising out of or relating to this Contract, the prevailing party. ra which for purposes of this provision will include Buyer. Seller and Broker, will be awarded reasonable attorneys' fees, costs and 09 expenses. -o 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate Broker other than: (a; Listing Broker: p v r. dt aal� ,1� who is & an agent of Seiler J a transaction broker -3 a r•onrepresentative a ~d wt7e will be compensated by 24 Seller U Buyer U bctn parties pursuant to M a listing agreement ® other ,specify) 2%'of Sale price -?a• (b) Cooperating Broker: _ Mona Seiler of RE/MAX Action tiiret -s vjho is 50 an agent of Suyer U a transaction broker :1 a nonrepresentative :x and who will be compensated by 3 Buyer -21 Seller J both parties pursuant to N an MLS or other offer of cornpensaticn to a cooperating broker J other (specify) 2% of Sale price lc1:• Z5 icoi ectivey referred to as 'Broker") in connection with any act relating to the Froperty, including but not limited to inquiries, _ _ introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker th7 I-armless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and ,ra from liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 189 enfcrcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or , so Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services ,gal provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seller. 1e2. 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise U is not assignable ,_x V. is assignable. The terms 'Buyer," 'Seller' and 'Broker' may be singular or plural. This Contract is binding upon Buyer, Seller ,o--4 and their heirs, personal representatives. successors and assigns (if assignment is permitted). e 0 UNW& IS$' Buyer �� and Seller. -( . L _j acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. enftmara is 71rAnaaA to rPnn7 VO"VP7at. - Rnnstar Raa7 vptnta ra.r.'7 snne_tranamrti�nriwak.�nm. 000295 18802- 295 -6934 * Section 1031 Exchange D Coastal Construction Control Line © Other ❑ Property inspection and Repair Flood Area Hazard Zone DAbliber Z) Seller Representations 0 Seller Financing er 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seiler. Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. it any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions wilt continue to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any written notice to any party's agent will be deemed delivery to that parry. THIS 1S INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL_ FOR LEGAL ADVICE (FOR EXAMPLE, III ERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON 71-11E PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER SPECtALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. r DEPOSIT RECEIPT Deposit of $ 30, 000.00 by 2i check D other received on June 21st: 2006 by Signature of Escrow Agent OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seiler and a sig~e-cl copy Cetivered to Buyer or Buyer's agent no later than D a.m. D p.m. on Buyer may revoke this offer and receive a refund of all deposits. Daze BUYER: —= _ Tax ID No: Title: Telephone- Facsimile: Address: Da'e: BUYER: Tax lD No: Title: Telephone: Address: -_- - Cacsimile: ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on trgardbove terms and conditions (-I subject to the atta::hed counter offer). 1 Da:e: ''� SELLER: -� Tax 10 No: - -- -- vater Da:e: Title: Telephone: Facsimile: Address: SELLER: Tax ID No: Title: Telephone: Facsimile:_. -_ Address: Buyer ' �'' 4 ---- -� and Seller {_j (_,__._.) acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. I ^e = Wda Association of makes nc representat:cn as to the legal validly or adequacy, of any provision cr the form in any specific transaction. This s•a -)Jaroized form sh„ufd rct be used in complex transactions or with extensive riders or addIicns. Tres form is available for :+se by the entiro real estate industry aid is rot irate -nded to identify the user as a REaTas. RLAzooa is a registered collective membership mark which may be used only by real estate l,censees whc are members of the NArtONAL ASSOCIA21Gn OF REALTORS and who subscribe to its Code of Ethics. ,ie copyfeght taws of the United States It 7 U.S. Code) forbid the unauthorized reproduction of this form by any means inctud rtg lacsimll or computerized forms. CC -2 ®1997 Florida Association of ReAUons@ Alt Rights Reserved 000295 18802- 295 -6934 x ..P 2 (Seiler) : -d Ted Juhl (Buyer) :)-)cerning the }property described as: 1460 S. Missouri Ave Clearwater FL 33756 -3219 :ne "Contract'). Buyer and Seller make the following terms and conditions part of the Contract: Contract pending on the purchase of the following properties. Parcel (1) (Contract C) Address: 1470 -1482 S ]Missouri Ave, Clearwater, FL 33756 -3219 _D #: 22- 29- 15- 99684- 000 -0070 Legal (short) Zephyr faille Sub Late 7 Thru 10 Parcel (3) (Contract B) Address: stone (vacant land) ID #: 22- 29 -15- 22968 - 000 -0120 .egal (short) Duncan's, A.. H. Resub Lot 12 Less Rd On E Parcel (4) (Contract E) Address: None (vacant land) :D #: 22- 29- 15- 22968- 000 -0210 degal (short) Duncan's3, A. H. Resub Lot 11 Less W 125ft _. Seller agrees to diligently pursue any issues on said parcels the successful licencing from the City for the purposes of buyer using the property for sales & vehicle display. 3. Brayer will obtain EPA testing on the property by a company that has been certified by the State of Florida to show that there are no EPA :.ssues that would not permit financing to be obtained, to include all parcels. Seller to reimburse Buyer at closing for costs of EPA study. Y. Seller to remove-non-conforming car cover necessary for parcel to obtain occupational licensing.. Cate: Date ate: Buyer: ~ - - - -- Buyer: Seller: --- Seller: 7'nis ram is avaiabW for use by the entire real estate industry and is not knerided to ids Oy the user as a Rmxop- FbAUOrt is a registered c4ec4jve rtterttba5hip rrark that may be used only by mat estate kerrsees who are awatbas of V* PiaborW Association of RE 47M and wttO subscdbe to its Code Or Ethers. me copyr tx laws of the United States (17 U.S. Code) fwd Vie unmuthoued mprod ctiOn of blank tarns t>y any means inck" facsirn:e a cmPuteRzec farms ,CSP -2a Rev. 6/94 01994 fkxrda AsScoatiou: of REAtroRstR An Rghts Reservee "hte software is licensed to t8aul VonFoldt - SuaStar assl "tale LLCI wwv. "Unvectiondook. can. —r.3 Ior+CPl1 : -71all ran go ea oaa 000295 18802- 295 -6935 J UNOWN r t t2S 2 c 11V 14SS 14 - 3�5 WILDWOW ST Pinellas County Property Appraiser Parcel Information �r% G fr! r w LID 4 r` C 6 v M ua �� / �J 000295 18802- 295 -6935 Exhibit "B" 000295 18802- 295 -6936 n 1. FHA 0 2. FmHA 40 3. Conv ms. 1` 4 VA O 5 Conv Ins 6. File Number 7. Loan Number 07 -10006 1 is I ID: 8. Mortg. Ins. Case Nurn. C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: Ted Juhl, a married man Address of Borrower: 67 Midway Island, Clearwater, Florida 33767 E. NAME OF SELLER: KP 23, LLC, a Florida Limited Liability Company Address of Seller: 1460 S Missouri Ave, Clearwater, Florida 33756 TIN: 20- 0796107 F. NAME OF LENDER: Wachovia Bank, N.A. Address of Lender: P. O. Box 10723, Attn: RCS- VA0343, Roanoke, Virginia 24022 -0723 G. PROPERTY LOCATION: 1460 S. Missouri Ave., Clearwater, Florida 33756 H. SETTLEMENT AGENT: Sure Title TIN: 61- 1464536 Place of Settlement: 235 N. Garden Ave, Clearwater, Florida 33755 Phone: 727 -443 -5300 1. SETTLEMENT DATE: 3/15/07 DISBURSEMENT DATE: 3/15107 101. Contract sales price 1,132,000.00 461. Contract sales price 1,132;000'00 102. Personal property 402. Personal property 103. Settlement charges to borrower (Line 1400) 6,406.65 403_ 104. 404. 105. 106. City /town taxes 405. 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 411. 112. 412. ' 120. Gross amount due from borrower. 201. Depositor earnest money 1,138,406.65 30,000.00 420. Gross amount due to seller: 501. Excess deposit (see instructions 1,132,000.00 202. Principal amount of new loan(s) 905,600.00 502. Settlement charges to seller (line 1400) 96,867.84 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 1,000,000.00 205. 505. Payoff of second mortgage loan 206, 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 208. 508. United States Trustee 5,000.00 209. 509• 510. City/toWr taxes 210. Cityltown taxes 211. County taxes from 01/01/07 to 03/15/07 1,337.18 511. County taxes from 01/01/07 to 03/15/07 1,337.18 212. Assessments 512. Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid byffor borrower: 936,937.18 1,138,406.65 520. Total reductions in amount due seller: 601. Gross amount due to seller (line 420) 1,103,205.02 1,132,000.00 301. Gross amount due from borrower (line 120) 302. Less amount paid by/for the borrower (line220) (936,937.18) 602. Less total reductions in amount due seller . (line 520) (1,103,205.02) 1303. Cash( From ('I To ) Borrower: 300295 18802- 295 -6936 201,469.47 603. Cash ( [✓] To E] From ) Seller: 28,794.98 --y . �•— —, .....- Settlement Statement and to the best of my knowledqe and belief, it is a true and accurate gtatpmp. ,r of pu inter onA ,4i,k ..moo., -'f- —4— • UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: KP26, LLC Case No. 8:07 -bk- 00017 -CPM Chapter 11 Case Debtor. ORDER GRANTING MOTION TO AUTHORIZE SALE FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES (Dkt. No. 11) This matter came on for hearing on February 8, 2007, on the Motion to Authorize Sale Free and Clear of Liens, Claims and Encumbrances (Dkt. No. 11) ( "Motion to Sell ") filed by the Debtor, KP26, LLC, and the Response to the Motion to Sell and to Debtor's Certification of Request for Expedited Hearing (Dkt. No. 24) ( "Response ") filed and served by FAK Enterprises, Inc. ( "FAK "), Dennis R. Lowe and J. Gerard Correa.as Trustees of the Marie E. Lowe Trust U/T /D 07/06/1999, Frederick A. Karavas and All World. POS, Inc., as Assignees of Raphael and Esther Cohen (collectively "FAK "). 'Ibis Court having heard and considered argument of counsel for the Debtor, FAK, the City of Clearwater, Cecilia Schwartz, Guy Keith Harrison, Mary Joan Webb and Carolyn Chaney as the Chapter 7 Trustee of A & J Automotive Group, Inc., and this Court having reviewed the Motion to Sell and the Response and being otherwise fully advised, in the premises, this Court hereby finds and concludes as is set forth herein as follows: 1. ']'his Court considered the recitation of facts, proffers of evidence and legal argument, as well as the stipulations of counsel for FAK, the City of Clearwater, Cecelia Schwartz, the Debtor, Peter Nascarella and Kelly Nascarella, the Debtor's principals, and 1 000295 18802- 295 -6938 0 0 determined the subject Motion to Sell was fully compliant with the provisions of I l U.S.C. §363(f)(2) and (3); and 2. The Motion to Sell is hereby GRANTED consistent with the term.% as set forth in the Motion to Sell, as amended at the hearing described above and consistent with the terms and conditions set forth herein; and 3. All Objections to the Motion to Sell, including the Response, are hereby OVERRULED; and 4. Lots 7 -10, as such terms are described in the Motion to Sell, will be sold free and clear of all liens, claims, encumbrances and other interests, including but not limited to various lis pendens filed as against the property, except as is set forth herein; and 5. Notice of the hearing on the Motion to Sell was adequate and appropriate and provided sufficient notice for purposes of approving a sale of property of the estate within the meaning and effect of 11 U.S.C. §§ 363 and 541; and 6. Ted Juhl ( "Juhl ") is the successful purchaser of Lots 7 -10, as such terms are described in the Motion to Sell; and 7. Of the creditors' claims which are not in bona fide dispute, Juhl's purchase price of $400,000.00 is sufficient to pay the aggregate value of all liens on Lots 7 -10, as such terms are described in the Motion to Sell; and 8. All of the requirements and conditions of 11 U.S.C. § 363(f), Rules 2002, 4001 and 6004 of the Federal Rules of Bankruptcy Procedure have been complied with, satisfied or otherwise waived; and 9. The Debtor is authorized and directed to transfer ownership, and Juhl is authorized and directed to close on the transfer of ownership of Lots 7 -10, on or before March 2, 2 000295 18802- 295 -6938 2007, as such terms are described in the Motion to Sell, as such property is described more particularly on the purchase and Sale Agreement, a copy of which is attached hereto as Exhibit "A ", together with all furniture, fixtures and equipment owned by the Debtor, for a total purchase price of $400,000.00; and 10. Such transfer shall be free and clear of any and all liens, encumbrances, interests or other rights, including, without limitation, any and all ad valorem real estate and personal property taxes, pursuant to 11 U.S.C. § 363; and 11. Juhl and the Debtor are hereby authorized and directed to execute such necessary and appropriate closing papers and other documents to effectuate the meaning and effect of the above- described transaction consistent with the Settlement Statement, a copy of which is attached hereto as Exhibit "B "; and 12. The settlements amounts negotiated by the Debtor and the parties described in paragraph 20 below, are expressly conditioned upon the above - described sale occurring on or before March 2, 2007, or such other date as may be agreed upon in writing by and between such parties and the Debtor; and 13. All closing papers, documents, transfer and conveyance instruments shall be in a form and content satisfactory to Juhl and the Debtor; and 14. Juhl is determined to be an individual who will purchase Lots 7 -10, as such terms are described in the Motion to Sell, in good faith, with the meaning and effect, and as such term is described, in 11 U.S.C. § 363(m) and the reversal or modification of this Order on appeal shall have no effect on the validity of the sale under such authorization; and 000295 18802- 295 -6939 0 0 15. The Debtor shall take all necessary and appropriate steps to ready Lots 11 and 12, as such terms are described in the Motion to Sell, for the transfer of title, ownership and control to Juhl; and 16. The Debtor and Juhl shall bear all costs associated with the closing of the sale and shall make such disbursements in accordance with the Closing Statement attached hereto as Exhibit "B "; and 1', . As a condition to the City of Clearwater's substantial reduction of its claim for code enforcement violations downward to $25,000.00, the Debtor (along with the related Debtors, KP23 Enterprises, Inc. and KP23, LLC) will collectively escrow the sum of Fifty Thousand Dollars ($50,000.00) for a period not to exceed six (6) months from the closing of such sales to ensure the buyer of the KP Entities' properties will comply with the applicable municipal codes for which the KP Entities were cited by the City ( "Escrowed Monies "); and 18. The Escrowed Monies will continue to be impressed with the City of Clearwater "s code enforcement lien, if any at all, to the same extent, validity and priority as existed prior to the filing of the Debtor's bankruptcy petition, and will be held by Steven M. Berman, Esq. and Berman PLC in a Non -IOTA interest bearing trust account ( "Escrow ") to ensure such code compliance to and through the earlier of. (A) six (6) months; (B) the Court's final decision on an appropriate application made by the City to the United States Bankruptcy Court for the Middle District of Florida and Steven M. Berman, Esq. and Berman PLC asserting that the buyer of the KP Entities' properties have not complied with the applicable municipal codes for which the KP Entities were previously cited by the City; or (C) a written notice of release of such Escrow; and 19. Juhl will be responsible to ensure the purchased property is fully compliant with all applicable City of Clearwater codes and if, asla result of any failure to so conform, the City of 000295 18802- 295 -6939 Clearwater makes a claim as against any portion of the Escrowed Ironies, Juhl will be obligated to the Debtor's Estate to replenish the Escrowed Monies to the extent of any and all claims made against the Escrow; and 20. In addition to the outlined closing costs described above, and whether or not specifically set forth on the proposed Settlement Statement attached hereto as Exhibit "B ", out of the Debtor's sale proceeds, as well as the proceeds from the sale of Lots 11, 12 and Lot 13 owned by related Debtors, KP23 Enterprises, Inc. and KP23, LLC respectively, the following payments or disbursements, agreed to by the parties set forth below on the one hand and the Debtor on the other hand, will be collectively made: Party Amount A. FAK $1,350,000.00 B. Cecilia Schwartz $ 275,000.00 C. City of Clearwater $ 25,000.00 D. Guy Keith Harrison' $ 50,000.00 E. Carolyn Chaney, Ch. 7 T'ee2 $ 65,000.00 F. Berman/Clwtr. Trust Acct. $ 50,000.00 G. United States Trustee Fees $ 12,500.00 21. The $1,350,000.00 to be disbursed to FAK shall not act as a waiver, compromise, settlement or satisfaction of all amounts owed to FAK which: (i) were secured by, (ii) which ' This payment will be disbursed at closing to be held in hest pending approval of the Settlement Agreement between the parties thereto. z Tbis payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. R 000295 18802- 295 -6940 • El were to have been secured by or (iii) which were intended by FAK to have been secured by the subject properties; and 22. But for the filing of the above - styled bankruptcy case, the amounts which would be due on the promissory notes and mortgages (which were intended to secure all of the notes held by FAK on the subject loans) appears to exceed $1,350,000.00 and FAK is certainly permitted to pursue the filing of unsecured claims in this case as well as collateral sources of recovery; and 23. the remainder of the net sales proceeds will be held in a separate interest bearing non -IOTA Trust Account for the Debtor to cover remaining administrative expenses, claims and interests in the Debtor's case on terms and conditions acceptable to the Office of the United States Trustee; and 24. The sale of Lots 7 -10, as such terms are described in the Motion to Sell, constitutes and contemplates the issuance, transfer or exchange of a security, or the making or delivery of an instrument of transfer in connnection with a Chapter 11 plan, but the Debtor shall reserve sufficient funds to pay documentary stamp taxes in the event the Court determines that I.I. U.S.C. section 1146(a) does not apply to this case; and 25. The Debtor is hereby directed to file a Chapter I I liquidating plan, dealing with the transactions contemplated in this Order, on or before February 14, 2007, and the approvals set forth herein are conditioned upon the timely filing of such a plan; and 26. 3uhl is permitted to record this Order in the Pinellas County Public Records and with any such other governmental or other appropriate agency; and 27. Pursuant to Rule 6004(g) of the Federal Rules of Bankruptcy Procedure, this Order is intended to be immediately effective upon its entry, its effect is not stayed for any on 000295 1 8802 - 295 -6990 period of time and the parties to which this Order is directed may immediately act and rely upon it; and 28. This Order is not intended to otherwise impair any creditor's, right to file unsecured claims in the above - styled case; and 29. This Court shall retain such other and further jurisdiction to enforce this Order and to make such other and further orders as are necessary and appropriate to effectuate its meaning and effect. March 27, 2007 DONE AND ORDERED in Tampa, Florida this nuns pro tune to 2 -8 -07. Catherine Peek McEwen United States Bankruptcy Judge cc: MP23 Enterprises, Inc., 1460 S. Missouri Ave., Clearwater, FL 33756 MP23, LLC, 1460 S. Missouri Ave., Clearwater, FL 33756 MP26, LLC, 1470 S. Missouri Ave., Clearwater, FL 33756 A &J Automotive Group, Inc., 1460 S. Missouri Ave., Clearwater, FL 33756 Steven M. Berman, Esq., 401 S. Florida Ave., Ste. 300, Tampa, FL 33602 Robert Wahl, Esq., 4301 Anchor Plaza Parkway, Suite 300, Tampa, FL 33634 John Goldsmith, Esq., Post Office Box 1102, Tampa, Florida 33601. Jay Verona, Esq., 7235 First Ave. So., St. Petersburg, FL 33707 Dennis J. Levine, Esq., P.O. Box 707, Tampa, FL 33601 -0707 Wendy Brewer, Esq., l.1 So. Meridian St., Indianapolis, IN 46204 L.A. Perkins, Esq., 5355 Town Center Rd., Ste. 900, Boca Raton, FL 33486 Stephen Allen, Esq., 3606 Swann Avenue, Tampa, FL 33609 Douglas Burns, Esq., P.O. Box 4087, Clearwater, FL 33758 Leslie Dougall- Sides, Esq., City of Clearwater, City Attorney's Office, P.O. Box 4748, Clearwater, FL 33756 Florida Department of Revenue c/o Gordon Meister, Esq., PO Box 2299, Mango, FL 33550 Florida Department of Revenue, 5050 W. Tennessee St., Tallahassee, Fl, 32399 Florida Department of Revenue, P.O. Box 6668, Tallahassee, FL 32314 7 000295 18802- 295 -6941 0 0 Attorney General of the United States, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, IBC 20530 Civil Process Clerk, Office of the United States Attorney, Paul Ignatius Perez, 400 North `Pampa Street, Ste. 3200, 'Pampa, FL 33602 Civil Process Clerk, Office of the United States Attorney, 21.10 First Street, Ste. 3 -137, Fort Myers, Fl.. 33901 Internal Revenue Service, Centralized Insolvency Operations, P.O. Box 211.26, Philadelphia, PA 19114 United States Trustee's Office, 501 E. Polk Street, # 1200, 'Pampa, FL 33602 All Creditors on the Creditor Mailing Matrix FAShared Office Files \Clients\Nascarella\KP Entities Cases\Pleadings KP26LLCk> -sale KP26.doc i 000295 18802 -295 -6941 • 000295 18802 -295 -6942 Exhibit "A" 0 � 1. PURCHASE AND SALE: Ted Juhl ('Buyer ") 2, agrees to buy and Ka 26 L1c { "Seller "} 3' agrees to sell the property described as: Street Address: 1470 -1482 S. Missouri Ave 4' Clearwater, FL (Contract C) 5' Legal Description: (23- 29- 15 -996e4 -400 -0070) - Zephyr Hills Sub Lots 7 Thru 14 6' 7' and the following Personal Prcperty: it s (all collectively referred to as the 'Property ") on the terms and conditions set forth below. The "Effective Date" of this Contract is io the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 „ days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period endrig on a 12 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m, of the next business day. 13- 2. PURCHASE PRICE: $ 4001000-.00 W (a) Deposit held in escrow by sure Title S 10,000.00 ,s- (t3) Additional deposit to be made within days from Effective Date S 16• (c) iota) mortgages (as referenced in Paragraph 3) S 3 01- _000.00 »' (d) Otter: $ is' (e) Balance to close, sub;ect to adjustments and prorations, to be made with cash, locally drawn +e certified or cashier's check or wire transfer. 2(' 3. THIRD PARTY FINANCING: Within days from Effective Date ('Application Period'), Buyer win, at Buyer's expense, app's for 2: • third party financing in the amount of $ or % of the purchase price to be amortized over a period of 22• years and due in no less than years and with a fixed interest rate not to exceed 3 % per year or variable interest rate not 23- to exceed 0 ____„_% at origination with a lifetime cap not to exceed % from initial rate, with additional terms as follows: 24' Buyer to provide to Seller; proof of funding within 10 day of effective date. 25 Buyer will pay for the mortgagee title insurance policy and for all loan expenses. Buyer w+il timely provide any and a)l credit, 2e employment, financial and other information reasonably required by ary lender. Buyer will notify Seller immediately upon obtaining 27' financing or being rejected by a lender, If Buyer, after diligent effort, faits to obtain a written commitment within 30 days from 2a Effective Date ('Financing Period "), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's depos..t {s} will be 29 returned to Buyer in accordance with Paragraph 9. 30' Buyer (" ' {____� and Seile � 4 (_ � acknowledge receipt of a copy of this page, which is page 1 of 5 Pages. CC-2 0 1997 Florida Association of REAcroas0 All Rights Reserved � - Tbta software in licensed to (Paul vonFeldt - SunStar Real Estate LLC) wwa.transactiondeek.com. 000295 18802- 295 -6942 35' 3S' provided there exists at closing no viola of the foregoing and none of them prevents FgWer's intended use of the Property as 37• 3T (a) Evidence of Title: Seller will, at (check one) U Seller's :3 Buyer's expense and within days U from Effective Date 39' 21 prior to Closing Date U from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) ac' X a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in ai the amount of the purchase price for fee simple tide subject only to exceptions stated above. az' D an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 43 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insure- as as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all =6 documents recited in the prior policy and in the update. 47 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seiler of title as defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers prooer as' written notice and Seller cures the defects within is days from receipt of the notice ( "Curative Period'). if the defects are 50 cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing, Seller may 51 elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. If the defects are 52 not cured within the Curative Period, Buyer will have 10 days from receipt of notice of Seller's inability to cure the defects to 53 elect whether to terminate this Contract or accept We subject to existing defects and close the transaction without reduction in 54 purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 ct aroes and title examination. 56 (c) Survey: (check applicable provisions below) 37' 9 Seller will, within s days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and sa' engineering documents, if any, and the following documents relevant to this transaction: ss� . prepared for Seller or in Seller's 5o possession, which show all currently existing structures. 61• 0 Buyer will, at U Seller's N Buyer's expense and within the time period allowed to deliver and examine title evidence, az obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the J31 Property or that the improvements encroach on the lams of another, U Buyer will accept the Property with existing C14' encroachments U such encroachments will constitute a title detect to be cured within the Curative Period. 6r (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 66 (e) Possession: Seller will deliver possession and keys for all locks ar.d alarms to Buyer at closing. w- 5. CLOSING DATE AND PROCEDURE: This transaction wi,l be closed in Pinellas County, Florida on sa or before the January 20th , zoos or within days from Effective Date ( "Closing Date "), unless otherwise extended 69' herein. Cl Seller U Buyer will designate the closing agent. Buyer and Seller will, within days from Effective Date, deliver to 7o Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 7 1 requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. 72 (a) Costs: Buyer will pay taxes and recording tees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. If Seller is obligated to discharge 74 a -iy encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 75 {b) Documents: Seller will provide the deed, bill of sale, mechanic's lien affidavit, assignments of leases, updated rent roll, is tenant and tender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of 77 ;he change in ownership /rental agent. If any tenant refuses to execute an estoppel letter, Seller will cenity that information 78 regarding the tenant's lease is correct. if Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting, forth so facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer E1. will provide the closing statement, mortgages and notes, security agreements and financing statements. j;; 1� This software is licensed to (Paul vonFeldt - SunStar Real Estate LLCt www.transactiondeak.eom. az- Buyer '; y,c and Seller, J L___) acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. 000295 18802- 295 -6943 87 allowance cetng made for improvements ano exerr,prrurrs wirer rs aware Ur u& rUawtnng dssessrl lenws allmalrly ur puter ruculy W affecting the Property: 69 Buyer will be responsible for all ass nfs of any kind which become due and ow an or after Effective Date, unless the 90 improvement is'substantially corn. a as of Closing Date. in which case Seller will b bfigated to pay the entire assessment. 91 (d) FIRPTA Talc Withholding: The Foreign investment in Real Property Act ( "FIRPTA ") requires Buyer to wittviold at closing a 92 portion of the purchase proceeds for remission to the internal Revenue Service ( "I.R.S. ") if Seller is a "foreign person" as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement. if withholding is required 95 and Buyer does not have cash sufficient at closing to meet the, withholding requirement. Seller will provide the necessary funds 96 and Buyer will provide proof to Seiler that such funds were property remitted to the I.R.S. 97- 6. ESCROW: Buyer and Setter authorize sure Tittle 96• Telephone: 727 -443 -5300 Facsimile: Address: 235 N. Harden Ave to act as "Escrow Agent" ion to receive funds and other items and, subject to clearance, disburse them in accordance with the terms of this Contract. Escrow .or Agent will deposit all funds received in 0 a non - interest bearing escrow account 0 an interest bearing escrow account with ,oe interest accruing to w;th interest disbursed (check one) C) at closing .Co. D at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow :oil Agent's duties or liabilities under this Contract. he/she may (a) hold the subject matter of the escrow until the parties mutually 105 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the -0e escrow cr (b) deposit the subject matter of the escrow wi ;h the clerk of tie circuit court having jurisdiction over the dispute. Upon 'o7 notifying the parties of such action. Escrow Agent will be released from all ;tabil;ty except for the duty to account for items ,oe previously delivered out of escrow. If a licensed real estate broker. Escrow Agent will comply with applicable provisions of Chapter 1o9 475, Florida Statutes. in any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or i1a interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with T1i such fees and costs to be paid from the escrowed funds or equivalent anc charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdeiivery to Buyer or Seller of 113 escrowed items, unless the misdeiivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present 'as is' condtaon, ordinary »s wear and tear excepted, and will maintain the landscaping and grounds it a comparable condition. Setter makes no warranties ire other than marketability of title. By accepting :he Property 'as is,' Buyer waives all claims against Seller for any defects in the 117 property. (Check (a) or (b)) 118, U (a) As Is: Buyer has inspected the Property or waives any rgnt to aspect and accepts the Property in its "as is' condition. 119, K (b) Due Diligence Period: Buyer will, at Buyer's expense and within 10 days from Effective Date ('Due Migence Period "), 12o * determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ('Inspections ") which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; Zoning and zoning restrictions; flood zone designation and restrictions: subdivision tea regulations; soil and grade; availability of access to public roads, water, and othe, utilities; consistency with local, state and regional i25 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with t 12c- American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 527 appropriate to determine the suitability of the Property for Buyer's intended use and development, Buyer shall deliver wrilten notice ±2s to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property in its present 'as is" condition. .3o Seller grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due DiligPnCt; ,a° Period for the purpose of conducting Inspections; provided, however. tha* Buyer, ifs agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall Indemnify and hold Seller harmless from tosses, damage`s, costs. 13:3 claims and expenses of any nature, including attorneys' fees at all levels, and frern liability to any person, wising from the conducl of tae any and all inspections or any work authorized by Buyer. Buyer will riot engage in any activity that could result in a rnechaac's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (t) Buyer shall 136 repair all damages to the Property resulting from the Inspections and retw.rn the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a result of the 138 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyer and the Contract terminated. This software is licensed to 1paul VonFeldt - sanstar Real Estate LLCI www.troneactiondeak.com. inor Buyer and SellerAL. (_) acknowledge receipt of a copy of this page, which is page 3 of C Rages 000295 18802- 295 -6943 1.16 quantities, may present health risks to oersons who are exposed to it over time. Levels of radon that exceed federal and state 147 guidelines have been found in buil in Florida. Additional information regarding rjW and radon testing may be obtained 148 from your county public health uni 149 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real 150 Property. Zs1 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business Zs2 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the Zss Property, tenants, lenders or lusiness, if any. Any changes, such as renting vacant space, that materially affect the Property or Zs4- Buyer's intended use of the Property will be permitted W only with Buyer's consent D without Buyer's consent. Zss 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and 15e Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in 1s7 accordance with applicable Florida laws and regulations. tw 10. DEFAULT- 159 (a) in the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. If 161 Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the brokerage fee. 1612 (b) in the event the sale is not closed due to any default or failure on the part of Buyer. Seller may either (1) retain all deposit(s) 163 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and in IFA full settlement of any claims, upon wt ich this Contract will terminate or (2} seek specific performance. if Seller retains the 165 deposit, Seller will pay the Listing and Cooperating .Brokers named in Paragraph 12 fifty percent of all forfeited deposits retained 166 by Seller (to be split equally among the Brokers) up to the full amount of the brokerage fee. 167 11. ATTORNEY'S FEES AND COSTS: ;r any claim or controversy arising out o` or relating to this Contract, the prevailing party, Zaa which for purposes of this provision will in--fide Buyer, Seller and Broker, will be awarded reasorable attorneys' fees, costs and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller nas utilized the services of, or fcr any other reason owes compensation to, a licensed 171 real estate Broker other than: 172' (a) Listing Broker: ,_-__ ?Aul yonFeldt of Mandalay Rea tX ire• who is V an agent of seller _] a transaction broker ,O a nonrepresentative 174• and who will be compensated by 29 Seller ❑ Buyer O both parties pursuant to M a listing agreement 0 other (specify) 175' 2% of Sale price 176- 1 n' 1?18• (b) Cooperating Broker: Mona Seiler of RE /MAX Action First 179• who is 0 an agent of auger O a transaction broker O a nonrepresentative 1W and who will be compensated by O Buyer C9 Seller O both parties pursuant to 29 an MSS or other offer of compensation to a 1811 cooperating broker O other (specify) 2% of sale price tat' Zas' IB4- Zas (collectively referred to as 'Broker') n correction with any act relating to the Property, including but not limited to inquiries, Zee introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker 1w harmless from and against losses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and Zna from liability to arty person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) Zes enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Eroker at the request of Buyer or Zoo Seller, which duty is beyond the scope of services regulated by Chapter 475, F.S., as amended, or (4) recommendations of or services ,Ell provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buller or Seller. Zee- 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise O is not assignable Ze,r.l is assignable. -the terms 'Buyer," 'Seller' and "Broker" may be singular or plural. This Contract is binding upon.Buyer. Seller 194 and their heirs. personal representatives, successors and assigns (it assignment is permitted). _ 185- Buyer (_'�j U and �eller� ' ��� (.� acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. T'hi i nnfi.war'R is linpnas4cl to rva111 VnnP4 -1AT. - .Simst'AT Re?Al ZRnt.ata TJX. l �71Ci .l.rTA11AAf".Z:i(1rff�AAk.r: - 000295 18802- 295 -6944, zca :3 Seller Representations a -seder i-inancing u unner 1,o: 15. MISCELLANEOUS: The terms o Contract constitute the entire agreement b n Buyer and Seller. Modifications of this Contract will not be binding unless writing, signed and delivered by the party to b und. Signatures, initials, documents 2-a3 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for gas all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail n5 over preprinted terms. if any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions thrill continue 2oG to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any :or written notice tc any pary's agent will be deemed delivery to that party. z5a THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 2-.9 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE :--o IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, 2111 INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTiOiJ, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 2t4 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 21s RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION, BUYER AGREES TO RELY 2 ,,e SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 217 CONDMON, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 21s- DEPOSIT RECEIPT Deposit of $ lo, 000 . oo by :3 check --3 other received on 2:9• June 21st 2006 by 220 Signature of Escrow Agent 22. OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222• signeo copy delivered to Buyer or Buyer's agent no later than :.l a.m. 0 p.m. on 1 u3 Buyer may revoke this offer and receive a refund of all deposits. 224- Date: BUYER: - Tax ID No: 1 fM i.0 '-tom. 225' 226' Title: elephone: Address: Facsimile: Z27- Date: _ BUYER: Tax iD No: 2213' 228' Title:____ Address: Telephone: f=acsimile: z3o• ACCEPTANCE.: Seller accects Buyer's offer and agrees to sell the Property on the above terms and conditions (:J subject to the 2s1 attached counter offer). 232• Da*e: 23X 224' 235- Date: 2 237- SELLER: �- "`'~� Tax ID No: Title: — Address: Telephone: Facsimile: SELLER: Tax ID No: Title:____ Address. Telephone: Facsimile; 23s- Buyer tG�d (T__) and Setter �J acknowledge receipt of a copy of this page, which is page b of 5 Pages. The Florida Association of REALTcas makes no representation as to the legal validity, or adequacy of any provision of this form in ar)y specific transactic•,. Ting standardized form should rot be used in compl= transactions or with extensive riders or additions. This fcrrn is available for use by the entire real estate industry and is not intended to identify the user as a FtokuoF. R? ALTCTi is a registered collective membLeship mask which may be uses? oNy by real estate licenMees v--"c are members cf the NATIONAL ASSOCIATION OF REALTORS and who subscribe to its Code of Ethics. means itTCfudi facsirtite or computes red Earths. The e copyright laws of the United States (17 U.S. Code) orbid the unauti tozed reproduction o, this form by any CC -2 O 1997 Florida Association of ReALTORSO All Rights Reserved C .bLs software 3.s licensed to (Pau] vo=Feldt - £unStar Real Estate LLCI —.transaetiondesk.com. wwet 000295 18802- 295 -6944 Addendum No. C-1 to the act slated December AIIk&kL 2006 between K _ P 23 LLC (Seller) and Ted Juhl (Buyer) concerning the property described as: 1470 -1482 S. Missouri Ave, Clearw &ter, FL 33767 (Contract C) (the "Contract "). Buyer and Seiler make the following terms and conditions part of the Contract: 1. Contract pending on the purchase of the following properties. Parcel (2) (Contract A) Address: 1460 S Missouri Ave, Clearwater, FL 33756 -3219 ID #: 22 -29 -15 -22969 -000 -0131 Legal (short) Duncan °s, A. H. Resin W 125£t Of E 145ft Of Lot 13 Parcel (3) Address: None - (Contract B) ID #: 22- 29 -15- 22968 - 000 -0120 Legal (short) Duncan'e, A. H. Resub Lot 12 Lein Rd On R Parcel (4) Address: None - (Contract i3) ID#: 22- 29- 15- 22968- 000 -0110 Legal (short) Duncan's, A. H. Resub Lot 11 Less W 125ft 2. Seller to remove non- conforming car port necessary for parcel to obtain occupational licensing . Date: Date Buyer: Buyer: Date-, Seller. - Date Seiler: TTss (o w is available for use by the entire real estate oousvy and is rot intended to identify the user as a Fx--arr. RmTm is a regtsWW collective membershiP mask that may be used a* by real estate Ecertseses who are nV" bets of the Nate ml Association ar REALTORS and who subsaebe to fW Cade of €tlres. The copyTVA laws of W4 Urited. States (17 U.S. Code) 10,13d the unautxxized reproduction d Uz* torms by a -Iy nwrn 10ickng lacsinne or compLmized to-G. rTIS AGSP -2a Rev. �a 91994 Florida Association of REAttosSS At. R,ghts Reserved G t us TWO software, io 13eensed to (Paul Vouroldt - sungtor Real aetate I.0 www.tr— aaetiondesk.com. 00()295 18802- 295 -6945 R 10 r ? n u25 MIA �- s �'► Pinellas County Property Appraiser Parcel Information L-5 io. {?w r� fl- LO w a 6 r� r c� u CC, 000295 18802 -295 -6945 i • Exhibit "B" 000295 18802- 295 -6946 1. FA 0 2. FmHA �b 3. Conv. Wins. 07 -10008 6. File Number 7. Loan Number 8. Mortg. Ins. Case Num. C) 4.V . A. � �� 5. Conv. Ins. ID: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER. Ted Juhl, a married man Address of Borrower: 67 Midway Island, Clearwater, Florida 33767 E. NAME OF SELLER: KP 26, LLC, a Florida Limited Liability Company Address of Seller- 1470 S. Missouri Avenue, Clearwater, Florida 33756 TIN: 20- 0793568 F. NAME OF LENDER: Wachovia Bank, N.A. Address of Lender: P. O. Box 10723, Attn: RCS- VA0343, Roanoke, Virginia 24022 -0723 G. PROPERTY LOCATION: 1470 -1482 S. Missouri Avenue, Clearwater, Florida 33756 H. SETTLEMENT AGENT: Sure Title TIN: 61- 1464536 Place of Settlement: 235 N. Garden Ave, Clearwater, Florida 33755 Phone: 727 -443 -5300 I. SETTLEMENT DATE: 3115/07 • DISBURSEMENT DATE: 3/15107 7SetUement • • • 10t sales price 400,000.00 401. Contract sales price 7777 '400,000.00 10al property 402. Personal Property 10 charges to borrower (Line 1400) 2,852.85 403. 104. 404. 105. 405. 106. City /town taxes 406. City/town taxes 107. County taxes 407. County taxes 108. Assessments 408. Assessments 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross amount due from borrower. 201. Deposit or eamest money 402,852.85 10,000.00 420. Gross amount due to seller: 501. Excess deposit (see instructions) 400,000.00 202. Principal amount of new loan(s) 320,000.00 502. Settlement charges to seller (line 1400) 33,957.98 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. Principal amount of second mortgage 504. Payoff of first mortgage loan 350,000.00 205. 505. Payoff of second mortgage loan 206. 506. Deposits held by seller 207. Principal amt of mortgage held by seller 507. Principal amt of mortgage held by seller 208. 508. United States Trustee 3,750.00 209. 210. City /town taxes 509. 510. City/town taxes 211. County taxes from 01/01/07 to 03/15/07 1,313.78 511. County taxes from 01/01/07 to 03/15/07 1,313.78 212: Assessments 512. Assessments 213. 513. 214: 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total paid bylfor borrower: BI s • • • 301. Gross amount due from borrower (line 120) 331,313.78 402,852.85 520. Total reductions In amount due seller: •11 e 601. Gross amount due to seller (line 420) 389,021.76 400:000.00 302. Less amount paid by /for the borrower (line 220) (331,313.78) 602. Less total reductions in amount due seller (line 520) (389,021.76) 303. Cash( f ✓j From I - -I To ) Borrower: )00295 18802- 295 -0940 71,539.07 603. Cash( g To From )Seller: 10,978.24 (01. ts,000.UO L uuuu % to Manaway Keany Settlement Settlement 702. 8,000.00 2.0000 % to ax Action First 703. Commission paid at settlement 16,000.00 704. :fad items .... - • • 801. Loan origination fee to •. % to :. POCSelterPOC 802. Loan discount % to 803. Appraisal fee to 804. Credit report to 805. Lender's inspection fee to 806. Mortgage insurance application fee to 807. Assumption Fee to 808. to 809. to 810. to 811. 900 Items required bV lender to be paid 901. Interest from to in advance: to BorrowerPOCSelie,-POC /day 902. Mortgage insurance premium for months to 903. Hazard insurance premium for years to 904. Flood insurance premium for years to 90r, . 10M Reserves def)osited with lender 1001. Hazard insurance ears to months Borrower Poc Seiler POC per month 1002. Mortgage insurance months per month 1003. City property taxes months L& per month 1004. County property taxes months & per month 1005. Annual assessments months per month 1006. Flood insurance months @ per month 1007. months @ per month 1008. months per month 1009. Aggregate accounting adjustment 1101. Settlement or closing fee to Sure Title 150.00 150.00 1102. Abstract or title search to Sure Title 100.00 1103. Title examination to Sure Title 100.00 100.00 1104. Title insurance binder to 1105. Document/Loan preparation to Sure Title 250.00 1106. Notary fees to 1107. Attorney's Fees to (includes above item numbers: 1108. Title Insurance to Sure Title 25,001 2,075.00 (includes above item numbers: 1109. Lender's coverage (Premium): $320,000.00 ($0.00) 1110. Owner's coverage (Premium): $400,000.00 ($0.00) 1111. Endorse: 8.1- 25;F9- 210.00;SE -100 335.00 1112. to 1113. to 1200. Government recordinq and transfer 1201. Recording fees charcles: Deed $18.50 Mortgage(s) $171.50 Releases $55.50 190.001 55.50 1202. City /county tax/stamps Deed Mortgage(s) $640.00 640.00 1203. State tax/stamps Deed Mortgage(s) $1,120.00 1,120.00 1204. State tax/stamps Deed to Berman PLC 2.800.00 1205. 1300. Additional settlement charqe 1301. Survey to to POC -• 1302. Pest Inspection to 1303. 2005 RE Taxes to Diane Nelson, Tax Collector 5,903.31 1304. 2006 RE Taxes to Diane Nelson, Tax Collector 6,774.17 1305. Incoming Wire Fee to Sure Title 20.00 1306. Overnight Delivery Fee to Sure Title 22.85 1307. to 1308. to 1309. 1400. Total settlement charqes� - I . -" - .. . nd 502. Section K) 2,85235 33,957.98 v �� Settlement Statement and to the best of my knowledge and belief; it is a true and accurate statement of all receipts and disbursements made on PRI -18802 113A -8 pdfdoc: 07- 00€11 5 5 Steven M. Bemian 401 South Florida Avenue, Suite 300 Tampa, FL 33602 000295 295 6 AT 1.481 33756 5 5 5675 -3 -295 l�ellooalltI Sol II loll d611l1111l oil ee11lll,osllw,1l1If11111ll City of Clearwater 100 S. Myrtle Ave. Clearwater, FL 33756 -5520 000295 18802- 295 -6947 is Payment Total: THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Page IofI $1,205.00 cReceipt.rpt 2/27/2007 ,,1;• a Receipt #: 1200700000000001761 1:12:36PM _r Date: 02/27/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid FLD2007 -02006 04 Flexible Commercial 010- 341262 1,205.00 Line Item Total: $1,205.00 Payments: Method Payer Initials Check No Confirm No How Received Amount Paid Check THE FL BAR FOUNDATION R_D 1425 In Person 1,205.00 IOTA is Payment Total: THIS IS NOT A PERMIT. This is a receipt for an application for a permit. This application will be reviewed and you will be notified as to the outcome of the application. Page IofI $1,205.00 cReceipt.rpt too* FLD2007 -02006 1460 S MISSOURI AVE 1460 -1480 S MISSOURI AVENUE PLANNER OF RECORD: NOT ENTERED ATLAS # 314A ZONING: C LAND USE: CG RECEIVED: 02/26/2007 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: V.. 'T. 1' CLWCoverSheet r Page 1 of 2 Wells, Wayne From: Keith Zayac [keith @keithzayac.com] Sent: Monday, January 07, 2008 1:01 PM To: Doherty, Steve; Wells, Wayne Subject: RE: BCP2007 -09021 Yes, hopefully within days. Keith E. Zavac, P.E., RLA President Keith Zayac & Associates, Inc. (727)793-9888 phone (727)793-9855 fax From: Steve. Doherty@myClearwater.com [ma i Ito: Steve. Doherty@ myClea rwater. com] Sent: Monday, January 07, 2008 10:33 AM To: keith @keithzayac.com; Wayne.Wells @myClearwater.com Subject: RE: BCP2007 -09021 I have no objection to the issuance of a demolition permit for this project. Please advise me when the building permit application has been submitted and I will be glad to sign off on it. Do you anticipate getting the FDOT permit soon? 1/7/2008 F� L 14 Page 2 of 2 Steve Stephen L. Doherty Engineering Specialist I City of Clearwater Engineering steve.dohetty@myclearwater.com 727.562.4773 - - - -- Original Message---- - From: Keith Zayac [mailto:keith @keithzayac.com] Sent: Thursday, January 03, 2008 4:32 PM To: Wells, Wayne; Doherty, Steve Subject: BCP2007 -09021 Steve; I believe everything on this project is complete except for the issuance of the FDOT permit which should be coming in shortly. Since the project is pretty much removing asphalt and adding landscaping, I would request that we be able to pull an on -site building permit to get going with demolition and stay out of the right of way until the FDOT permit comes in. The owner is anxious to get going and considering the past history of this project that is a good thing. Keith E. Zayac, P.E., RLA President Keith Zayac & Associates, Inc. (727)793 -9888 phone (727)793-9855 fax 1/7/2008 Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Monday, January 07, 2008 10:11 AM To: 'Keith Zayac'; Doherty, Steve Subject: RE: BCP2007 -09021 Keith - So long as Engineering is okay with such, I don't have a problem with such. I have checked with Development Services and three site plans would be necessary to be submitted with the application for the "site demolition only" permit. Wayne - - - -- Original Message---- - From: Keith Zayac [mailto:keith @keithzayac.com] Sent: Thursday, January 03, 2008 4:32 PM To: Wells, Wayne; Doherty, Steve Subject: BCP2007 -09021 Steve; I believe everything on this project is complete except for the issuance of the FDOT permit which should be coming in shortly. Since the project is pretty much removing asphalt and adding landscaping, I would request that we be able to pull an on -site building permit to get going with demolition and stay out of the right of way until the FDOT permit comes in. The owner is anxious to get going and considering the past history of this project that is a good thing. Keith E. Zayac, P.E., RLA President Keith Zayac & Associates, Inc. (727)793-9888 phone (727)793 -9855 fax 1/7/2008 Keith E. Zayac, P.E., R.L.A. President Keith Zavac & Associateso. Inc.:, 7-01 Entorpme. Road E. Ste 404 Safety Harbor, Fl 34695 (727) 793-98:88 (727)793-9855 Keith@KeithZayac.com r UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION IN RE: KP23 Enterprises, Inc., Case No. 8:07 -bk- 00015 -CPM Chapter 11 Case Debtor. ORDER GRANTING MOTION TO AUTHORIZE SALE FREE AND CLEAR OF LIENS, CLAIMS AND ENCUMBRANCES (Dkt. No. 131 This matter came on for hearing on February 8, 2007, on the Motion to Authorize Sale Free and Clear of Liens, Claims and Encumbrances (Dkt. No. 13) ( "Motion to Sell ") filed by the Debtor, KP23 Enterprises, Inc., and the Response to the Motion to Sell and to Debtor's Certification of Request for Expedited Hearing (Dkt. No. 24) ( "Response ") filed and served by FAK Enterprises, Inc. ( "FAK "), Dennis R. Lowe and J. Gerard Correa as Trustees of the Marie E. Lowe 'Trust U/'1 7D 07/06/1999, Frederick A. Karavas and All World POS, Inc., as Assignees of Raphael and Esther Cohen (collectively "FAK "), this Court having heard and considered argument of counsel for the Debtor, FAK, the City of Clearwater, Cecilia Schwartz, Guy Keith Harrison, Mary Joan Webb and Carolyn Chaney as the Chapter 7 Trustee of A & J Automotive Group, Inc., this Court having reviewed the Motion to Sell and the Response and being otherwise fully advised in the premises, this Court hereby finds and concludes as is set forth herein as follows: 1. This Court considered the recitation of facts, proffers of evidence and legal argument, as well as the stipulations of counsel for FAK, the City of Clearwater, Cecelia Schwartz, the Debtor, Peter Nascarella and Kelly Nascarella, the Debtor's principals, and 000295 18802- 295 -6918 rt 15. The Debtor shall take all necessary and appropriate steps to ready Lots l 1 and 12, as such terms are described in the Motion to Sell, for the transfer of title, ownership and, control to Juhl; and 16. The Debtor and Juhl shall bear all costs associated with the closing of the sale and shall make such disbursements in accordance with the Closing Statement attached hereto as Exhibit "B "; and 17. As a condition to the City of Clearwater's substantial reduction of its claim for code enforcement violations downward to $25,000.00, the Debtor (along with the related Debtors, KP26, LLC and KP23, LLC) will collectively escrow the sum of Fifty Thousand Dollars ($50,000.00) for. a period not to exceed six (6) months from the closing of such sales to ensure the buyer of the KP Entities' properties ,will comply with the applicable municipal codes for which the KP Entities were cited by the City ( "Escrowed Monies )');.and 18. The Escrowed Monies, will continue to be impressed with the . City of Clearwater's code enforcement lien, if any at all, to the same extent, validity and priority as existed prior to the filing of the Debtor's bankruptcy petition, and will be held by Steven M. Berman, Esq. and Berman I'L,C in a Non -lOT'A interest bearing trust account ( "Escrow ") to ensure such code compliance to and until the earlier of. (A) six (6) months, (B) an appropriate application made by the City to the United States Bankruptcy Court for the Middle District of Florida and Steven M. Berman, Esq. and Berman PLC asserting that the buyer of the KP Entities' properties have not complied with the applicable municipal codes for which the KP Entities were previously cited by the City or (C) a written notice of release of such Escrow; and 19. Juhl will be responsible to ensure the purchased property is fully compliant with all applicable City of Clearwater codes and if, as a result of any failure to so conform, the City of' 4 000295 18802- 295 -5919 1- Clearwater makes a claim as against any portion of the Escrowed Monies, Juhl will be obligated to the Debtor's Estate to replenish the Escrowed Monies to the extent of any and all claims made against the Escrow; and 20. In addition to the outlined closing costs described above, and whether or not specifically set forth on the proposed Settlement Statement attached hereto as Exhibit "B ", out of the Debtor's sale proceeds, as well as the proceeds from the sale of Lots 7 -10 and Lot 13 owned by related Debtors, KP26, LLC and KP23, LLC respectively, the' following payments or disbursements, agreed to by the parties set forth below on the one hand and the Debtor on the other hand, will be collectively made: Party Amount A. FAK $1,350,000.00 B. Cecilia Schwartz $ 275,000.00 C. City of Clearwater $ 25,000.00 D. Guy Keith Harrison' $ 50;000.00 E. Carolyn Chaney, Ch. 7 T'ee2 $ 65,000.00 F. Berman/Clwtr. Trust Acct. $ 50,000.00 G. United States Trustee Fees $ 12,500.00 21. The $1,350,000.00 to be disbursed to FAK shall not act as a waiver, compromise, settlement or satisfaction of all amounts owed to FAK which: (1) were secured by, (ii) which were to have been secured by or (iii) which were intended by FAK to have been secured by the subject properties; and 1 This payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 2 This payment will be disbursed at closing to be held in trust pending approval of the Settlement Agreement between the parties thereto. 5 000295 18802- 295 -6920 I PLANNING DEPARTMENT CITY OF C LEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 October 26, 2007 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety. Harbor, FL 34695 RE: Minor Revisions Development Order - Case FLD2007 -02006 1460 -1480 South Missouri Avenue Dear Mr. Zayac: On July 17, 2007, the Community Development Board approved with 13 conditions the above referenced application, which was for Flexible Development approval to permit _ vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet. to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Through plans submitted for Building Permit #BCP2007- 09021, the following revisions have been indicated on such plans: . 1. Additional parking spaces on the west side of the northern area have been eliminated due to the reduction to required parking approved by the CDB. 2. Due to the reduction of pavement in #1 above, the removal of existing concrete pavement in the western portion of the northern area and removal of existing pavement to create landscape areas, the requirement for a stormwater retention pond is no longer required and has been removed. 3. Two additional driveways are shown to be closed, the northernmost driveway and the driveway directly south of Building B, which allows for greater length of the front perimeter buffer. These are being closed due to FDOT comments. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL. JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" a October 26, 2007 Zayac — Page 2 4. The dumpster enclosure has been relocated from the west side of the northern edge of pavement to be northwest of Building A due to the elimination of the northernmost driveway. 5. Due to the elimination of the two additional driveways and the addition of greater length of the front perimeter buffer, vehicle sales /display area has been slightly modified in its location and square footage. The area of vehicle sales /display has increased from 14,071 square feet to 15,510 square feet. This translates into a greater parking requirement from 35 to 38 parking spaces. The CDB approval of this application, however, granted a reduction to the required number of parking spaces to 10 parking spaces. These same 10 parking spaces are shown on the revised plans. In accordance with Section 4 -406.A of the Code, the revisions proposed are deemed to be a minor revision and are approved. These minor revisions must be reflected on building plans under BCP2007- 09021. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner I1I, at 727- 562 -4504. Sincerely, i elk,- C Planning Director S. (Planning DepartmentlCD BIFLEX (FLD)llnactive or Finished ApplicationslMissouri S 1460 -1480 TMJ of Pinellas County (C + LMDR) - ApprovedWissouri S 1460 -1480 Minor Revisions Letter 10.26.07.doc PLANNING DEPARTMENT 0 0 CITY OF C LEARWATE R POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAI. SERnciis BUILDING, 100 SOUTH MYRTLE AVENUE, CL ARWATER, FLORIDA 33756 TELEPHONr (727) 562 -4567 FAX (727) 562 -4865 July 23, 2007 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FL 34695 RE: Development Order - Case FLD2007 -02006 1460 -1480 South Missouri Avenue Dear Mr. Zayac: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On July 17, 2007, the Community Development Board reviewed your request for Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findings of Fact: 1. That the 2.31 total acres is located on the west side of South Missouri Avenue, south of Bellevue Boulevard and 200 feet north of Woodlawn Street; 2. That the overall lot is "L" shaped and has 464 feet of frontage along South Missouri Avenue and the northern leg of the property extends approximately 496 feet deep from South Missouri Avenue; 3. That the majority of the site is zoned Commercial District (1.70 acres), with the Commercial zoning extending 297.6 feet deep from South Missouri Avenue along the north property line; PRANK HIBBARD, MAYOR JOHN KORAN, COUNCW%4ENIBER J.B. JOHNSON, C01JNCII.MEM13ER BILL JONSON, COUNCIIT1rMUR CARLEN A..PF.TERSEN, COUNCILNEMBLR "EQUAL. EMPLOYMENT AND Af .-FIRMA :rIVE AC; -PION EMP'LO ER" July 23, 2007 Zayac — Page 2 4. That the westernmost 199.23 feet along the northern property line (0.61 acre) is zoned Low Medium Density Residential -(LMDR) District; 5. That vehicle sales and display previously occurred over the entire property, however, portions of the property had not been properly authorized through appropriate City approvals for such use; 6. That a prior proposal to develop the entire area, including that portion zoned LMDR District, with a vehicle sales establishment was reviewed by the CDB on September 20, October 18 and December 20, 2005 (Case No. FLD2003- 08039). Case No. FLD2003 -08039 was withdrawn by the applicant at the December 20, 2005, CDB meeting; 7. That the development proposal is to permit vehicle sales /display in the Commercial District only, similar to the prior application; 8. That, while the overall property includes 0.61 acres in the northwest portion of the site zoned LMDR District, the applicant is not proposing any parking lot nor other improvement related to vehicle sales /display except a portion of the required retention pond; 9. That the expansion of this vehicle sales /display use is appropriate, so long as reasonable Code provisions are met and the relationship of improvements are compatible and consistent with the surrounding area and in general to similar uses elsewhere in the City; 10. That the proposal includes removing the carport structure south of Building A and the removal of a carport structure south and west of Building C; 11. That a building addition was constructed to the rear of Building A (automotive repair building) by the prior owner without the benefit of a building permit and will require an after - the -fact building permit to be obtained in a timely manner; 12. That, different than the prior application, this applicant is complying with the 15 -foot setback/landscape buffer for the entire frontage (except due to the location of Building B at 13.7 feet, in compliance with Code provisions; 13. That, while setback reductions are requested on various areas of the site, the width of these areas is acceptable so long as the landscaping is upgraded to comply with Code provisions; 14. That the proposal reduces the number of driveways from seven to four; 15. That the applicant proposes a reduction in parking from 35 spaces to 10 spaces, which is justified given the type and operation of the use; 16. That the proposed landscaping, especially along South Missouri Avenue, will be a significant enhancement for this corridor due to the amount of frontage of this property along South Missouri Avenue; and 17. That there are current outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is inconsistent with the Standards as per Table 2 -704 -of the Community Development Code; 2. That the development proposal is inconsistent with the Flexibility criteria as per Section 2 =704.0 of the Community Development Code; 3. That the development proposal is inconsistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is inconsistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Conditions of Approval: 1. That a Declaration of Unity of Title for all parcels be recorded in the public records prior to the issuance of any permits; V • • July 23, 2007 Zayac — Page 3 2. That outdoor vehicle display be confined to those areas identified on the approved site plan, not encroach into any customer or employee parking space, drive aisles or landscaped area and display areas be outlined with paint on the pavement surface prior to the issuance of a Certificate of Completion. It shall be the applicant's obligation to maintain the display painted outlines on the parking surface; 3. That the use of outdoor phone ringer or pager systems be prohibited; 4. That the on- loading or off - loading of vehicles from any transport vehicle occur on -site and not within any abutting right -of -way; 5. That the applicant submit for permits to construct/reconstruct all site improvements (all non- buildings) by October 17, 2007; 6. That, prior to the issuance of any permits, the site and landscape plans be amended to reflect the 10 parking spaces for customers and employees reflected in the parking reduction request and to improve landscape buffers and interior landscape areas to meet Code requirements, acceptable to the Planning Department; 7. That the carport structures south of Building A and south and west of Building C be removed by October 17, 2007. Demolition permits shall be obtained from the City; 8. That Building C be used for storage only for the used car dealership and the applicant submit for all after - the -fact building permits for the remodeling of Building C, including the installation of overhead doors on the east and west facades, by October 17, 2007; 9. That the applicant submit for an after- the -fact building permit for the addition to the rear of Building A by October 17, 2007; 10. That the two existing freestanding signs be removed and replaced with new freestanding signage, which shall be monument -style sign a maximum six feet in height, designed to match the exterior materials and color of the building. Any attached signage shall meet Code requirements; 11. That the applicant submit for after - the -fact electrical permits for the outdoor lighting along South Missouri Avenue by October 17, 2007; 12. That, prior to the issuance of the Certificate of Completion for the site improvements, the existing overhead utility lines be placed underground through appropriate permits; and 13. That the outdoor lighting in the residential area be removed. Pursuant to Section 4-407, an application for a building permit or other approvals shall be made within the time frames set out above in the Conditions of Approval. All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application /notice of appeal shall stay the effect of the decision pending July 23, 2007 Zayac — Page 4 the final determination of the case. The appeal period for your case expires on July 31, 2007 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ og v/depts /planning. Sincerely, Planning Director S: tPlanning DepartmentlC D BtFLEX (FLD)IInactive or Finished ApplicationslMANDALAY- MYRTLE AVENUEIMissouri S 1460 -1480 TMJ of Pinellas County (C + LMDR) - ApprovedlMissouri S 1460 -1480 Development Order 7.18.07.doc 0 Wells, Wayne From: Keith Zayac [keith @keithzayac.com] Sent: Thursday, July 12, 2007 4:30 PM To: Wells, Wayne Subject: Re: FLD2O07- 02006, 1460 - 1480 S. Missouri Ave. Ted Juhl has read the conditions and accepts as written. Keith E. Zayac, P.E., RLA Keith Zayac & Associates, Inc. 701 Enterprise Road, Ste 404 Safety Harbor, FL 34695 727 - 793 -9888 phone 727 - 793 -9855 fax - - - -- Original Message - - - -- From: <Wayne.Wells @myClearwater.com> To: <keith @keithzdyac.com> Sent: Thursday, July 12, 2007 9:26 AM Subject: FLD2007- 02006, 1460 - 1480 S Keith - Missouri Ave. • Attached is the Staff Report for the above referenced project. Please let me know by 10:00 am on Monday, July 16, 2007, if the conditions of approval are acceptable or not. Wayne <<Missouri S 1460 -1480 Staff Report 7.17.07 CDB.doc>> I 0 " 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, July 12, 2007 9:26 AM To: Keith Zayac (E -mail) Subject: FLD2007- 02006, 1460 - 1480 S. Missouri Ave Keith - Attached is the Staff Report for the above referenced project. Please let me know by 10:00 am on Monday, July 16, 2007, if the conditions of approval are acceptable or not. Wayne Ti Missouri S 460 -1480 Staff Rep. 1 • PLANNING DEPARTMENT s C ITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAX (727) 562 -4865 June 28, 2007 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FL 34695 Re: Community Development Board Meeting (Case No. FLD2007- 02006) Dear Mr. Zayac: You have filed Case No. FLD2007 -02006 for property located at 1460 -1480 South Missouri Avenue for Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. This case has been scheduled to be reviewed by the Community Development Board on July 17, 2007. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3rd floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727 -562 -4504. Si cerely, Wa M. Wells, AICP Planner III S. (Planning DepartmentIC D BIFLEX (FLD)IPending cases)Up for the next CDBIMissouri S 1460 -1480 TW of Pinellas County (C + LMDR) - 7.17.07 CDB - WWIMissouri S 1460 -1480 CDB Lettendoc FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILNIEIMBER I.B. JOHNSON, COUNCALMEMBER I31LL JONSON, COLINCII.M1iMBER CARL(N A. FE "IT RS17N, C01JNCI1A1EM1i1-1R " OUAL PMPLOYMENT AND AFPIRMATTVE ACTION FMPLOYT R 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, June 28, 2007 4:32 PM To: Keith Zayac (E -mail) Cc: 'richard @keithzayac.com' Subject: FLD2007 -02006 — 1460 -1480 South Missouri Avenue Keith - Attached is a letter regarding scheduling of the above referenced project for the July 17, 2007, CDB meeting. The original letter is being mailed. Wayne Missouri S 1,60 -1480 CDB Lette 0 Keith Zavac & Associates, Inc. Civil Engineering, Landscape Architecture, Planning June 18, 2007 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Ave. Clearwater, FL 34695 RE: FLD2007 -02006 1460 S MISSOURI AVE Dear Mr. Wells: • 701 S. Enterprise Road E., Ste 404 Safety Harbor, FL 34695 (727) 793 -9888 Phone (727) 793 -9855 Fax keith(a,keithzayac.com OPJQ EB 9351 LC26000212 MIM, AIN 18 2007 PLANNING DEN W CITY OF CLEARWATER Enclosed please find 15 sets of plans and supporting documentation addressing the comments from your letter of incompleteness dated March 5, 2007 including the following: General Engineering: 1. Applicant shall provide a copy of an approved #DOT right -of -way permit for work along Missouri Avenue. a. Acknowledged 2. Applicant shall arrange to have sewer line passing under retention area video taped to determine current condition of sewer pipe. If pipe in poor condition a city - approved pipe liner may need to be installed prior to construction of the retention area. After construction of retention area second videotape shall be made to determine no damage to the sewer pipe has occurred. Applicant .shall be responsible for all repair cost incurred should pipe be damaged during construction. a. Acknowledged Prior to issuance of a Certificate of Completion: Fire: 1. Applicant shall deed to the City of Clearwater a 5 -foot utility easement on the east side of an existing 5 -foot utility easement over the sanitary sewer line located in the proposed retention area. a. A 5' utility easement is depicted on sheet .1 of 2 for the existing sewer line. 1. Must meet NFPA 30A -2000 edition code for motor fuel dispensing facilities and REPAIR garages, an approved floor drain and oil separator with proper floor assemblies Acknowledge PRIOR to CDB. 0 0 a. On sheet 1 of 2 a grease trap is shown on the plans for the vehicle service building, and note number 17 added to sheets 1 of 2 2. Show location of fire hydrant SHALL be within 300 feet of building and on the same side of the street. Acknowledge PRIOR to CDB. a. On sheet 1 of 2 the proposed fire hydrant assemblies have been increased in size for graphical visibility and are within 300' of the furthest corner of the buildings. Harbor Master: Legal: 1. No issues. 1. No issues. Land Resource: 1. No issues Landscaping: ju 4, 18 2001 PLANNING DEPPNT Cqy OF CI.EARWA11M 1. Sheet112 —Required interior landscaping is only 10% of the vehicular use area (revise Site Date Table #1). a. On sheet 1 of 2 the VUA has been revised so that it only includes the vehicular parking area. 2. Sheet Y2- Cannot double count required perimeter landscape buffers and required interior landscape area. Plan indicated portions of the front buffer (15 -feet) along S. Missouri Avenue and the side buffer (five feet) northwest of building A along the south property line of the northern portion of the site to be shaded as interior landscape area. Revise and recalculate. a. The interior landscape calculation has been revised so that it does not include the required buffers. 3. Sheet % - Dimension the width of interior and terminal landscape islands. a. The interior widths of the terminal and landscaped islands have been called out on the plans. 4. Sheet Y2- Install wheel stops for all parking spaces abutting landscaping. a. Wheel stops have been depicted on the plans for spaces adjacent to landscaped areas. WMAD 18 2007 PLANNING DEQARNENT CITY OF CLEARWATER 5. Sheet 212 — All (or most) existing landscaping in western buffer adjacent to single family dwellings and Tom Chapman's properly (west of buildings B and C), as well as along south property line south of building C, has been removed or is nonexistent. Plant in accordance with Code with two accent trees %r each 35 feet (accent trees suggested due to overhead utility lines), shrubs and ground cover. a. On sheet 2 of 2 we are proposing 3 Hollies at 35' o.c. west of buildings B and C. 6. Sheet 2/2— Don't plant under drip line of existing oak at southwest comer of retention pond. Relocate. a. On sheet 2 of 2 the proposed holly has been moved so that it is not underneath the existing canopy of another tree. 7. Sheet 212 — Interior landscape areas must be planted with one tree minimum (one for each 150 square feet of required greenspace) and groundcover (in lieu of turf). a. Interior landscaped areas have been revised to include 1 shade tree and groundcover for each 150 SF of required greenspace. 8. Sheet Z2 — Perimeter buffer along S. Missouri Avenue does not meet Code requirements (one shade tree per 35 feet [wo accent trees =one shade tree, three palms =one shade tree], otherwise 100 shrubs). Preferred is a tired landscape design the landscaping to work with site lighting and signage so the tree canopy (at time of planting or mature) does not block the lighting or sign (same is true for shrubs). a. On sheet 2 of 2 the landscaped buffer along S. Missouri Avenue has been revised so that there is 1 tree for every 35 It Also, groundcover and shrubs have been revised to create a tiered effect 9. Need to provide interior landscaping of 10 percent of the vehicular use area. Otherwise, a reduction must be requested as part of the application (with appropriate justification). a. The VUA area and interior landscape area calculations have been revised on sheet 1 of 2. Parks and Recreation: 1. No issues — reduction in setbacks, removal of carport, new sign, reduction in building footprint. a. Acknowledged Stormwater: JUN 18 2007 PLANNING DEPARYMENT C17Y OF CLEARWATER Provide a complete drainage report, which shall include following data: Drainage calculations, soil report, double ring inflltrometer test at the pond, seasonal pond, seasonal high water table and drawdown table demonstrating compliance with 24 -hour requirement. (Please note that the reason for this request being made prior to CDB is the fact that the design is for a stormwater pond that does not have a positive pipe outfall. This design creates a pond that has the potential to overflow into living residences). As there is an existing storm system in the Missouri Ave. roadway, it is strongly encouraged that the site Engineer takes advantage of its availability. An outfall pipe tied into the Missouri Ave. storm system would require meeting drainage requirements at the building permit stage and not prior to CDB for all 4 of these drainage comments. a. A connect has been added to the Missouri Avenue system as an emergency outfall. 2. Show on the grading plan the areas that do and do not contribute runoff to the retention pond. a. On sheet 1 of 2 a drainage basin boundary line has been added to the plans. 3. Provide a topographic survey with 50 -feet of adjacent topography from the property lines and right(s)-of-way, including finished floor elevation of the adjacent properties. Survey shall be in NAVD 88 datum, and grading note shall include survey datum used in the design. a. The survey previously submitted is currently being redone and will be incorporated, with NAVD 88 Datum, into plans prior to construction plan approval. 4. Existing site data is not legible, please change the line type to avoid this problem. a. The existing site data table has been changed so that it is legible. 6. Provide a copy of the approved SWFWMD prior to issuance of building permit. a. Acknowledged. ,' • • ORIGIN.. RECEIVED 2007 pL&NNING DEp Rl CIiY OF CIEAR Solid Waste: 1. That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or cerli icate of occupancy. a. On sheet 1 of 2, note number 18 has been added to the plans. Traffic Engineering: 1. Proposal requires two handicap parking spaces. Add one more. a. Since there is a reduction in parking the site should only be required to have 1 parking space. 2. Applicant's narrative describes eliminating one driveway from seven driveways down to six driveways. The site plan show only four driveways, this needs to be corrected. a. The narrative was revised to include the proper number of driveways. 3. Where the truck exits, convert this two -way driveway into a one -way egress driveway. a. Since the parking stalls on the north side of building "A" have been eliminated the two-way driveway can be kept as is as shown on the truck turning template on sheet 1 of 2. 4. Add do not enter signs where needed per current M. U. T. C.D. standards. a. Do not enter signs have been depicted and shown on sheet 1 of 2. General Notes: 1. Applicant shall comply with the current Transportation Impact fee Ordinance and fee schedule and paid prior to a certificate Occupancy. a. Acknowledged 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. • a. Acknowledged Planning: • gEOMD 18 2007 PIANNIN� CI�AR�T Cny O 1. Potential condition of approval., That the carport structures south of Building A and south and west of Building C be removed by October 17, 2007. Demolition permits shall be obtained from the City. a. Acknowledged 2. Potential condition approval. That outdoor vehicle displays be confined to those areas identified on the approved site plan, not encroach into any customer or employee parking space, drive aisle or landscaped area and display areas be outlined with paint on the pavements surface prior to the issuance of a Certificate of completion. It shall be the applicant's obligation to maintain the display painted outlines on the parking surface. a. Acknowledged 3. Application must clearly note the Parcel Numbers that are part of the submittal (Page 1 of the application is preferred): 2229/15/22968/000 /0120; 22/29/15,/22968/000 /0110; 22/29/15/22968/000 /0131; and 2229/15,x9684/000 /0070. Revise also General Notes #2 on sheet %. a. The parcels numbers have been revised on the application as well as the site data table on sheet 1 of 2. 9 5. Owner must sign Affidavit to Authorize Agent (not the agent). a. Application is signed by owner. 6. Potential condition of approval: That the use of outdoor phone ringer or pager systems be prohibited. a. Acknowledged 7. Potential condition of approval. • That a Unity of Title for all parcels be recorded in the public records prior to the issuance of any permits. a. Acknowledged 8. Potential condition of approval, That building C be used for storage only for the used car dealership and the applicant submit for all after -the -fact QIaW i L QBC- END .' 18 2007 p"NING DEW ENT CWy OF CLWWATER building permits for the remodeling of Building C, including the installation of overhead doors on the east and west facades, by October 17, 2007. a. Acknowledged 9. Potential condition of approval, that the applicant submit for an after -the- fact building permit for the addition to the rear of Building A by October 17, 2007. a. Acknowledged 10. Potential condition of approval; That the applicant submit for permits to construct/reconstruct all site improvements (all non - buildings) by October 17, 2007. a. Acknowledged 11. Potential condition of approval; that the on loading or off loading of vehicles from any transport vehicle occur on -site and not within any abutting right -of -way. a. Acknowledged 12. Potential condition of approval, that the two existing freestanding signs be removed and replaced with new freestanding signage, which shall be monument -style sign a maximum six feet in height, designed to match the exterior materials and color of the building. Any attached signage shall meet code requirements. a. Acknowledged 13. Potential condition of approval; that the applicants submit for after- the -fact electrical permits for the outdoor lighting along South Missouri Ave by October 17, 2005. a. Acknowledged 14. Sheet 1/1— Site Data Table #G and General Note #8 — required parking is 35 spaces Recommended providing only the minimum required parking. a. 35 parking spaces are required for the proposed dealership, but we are requesting only 26 to be installed. 15. The minimum required parking is based on 2.5 spaces per each 1,000 square feet of vehicle display area. It is my belief, which is exhibited with this proposal, that this Code parking requirement is still too high. The prior ORIGINAL . l"JED 18 2007 p"MNG DRAMNT CUV OF CLWWATER applicant requested a parking reduction request and the provision of documentation to support the reduction request. The applicant may have first -hand knowledge of necessary parking and may have documentation to justify such reduction. a. A parking reduction from 35 to 26 has been added to request 16. Revised sheet 1 of 2 - General Notes #2 — The west portion of the northern are is zoned low medium density residential (LMDR) with residential urban land use. Add to the commercial zoning and CG land use. a. On sheet 1 of 2 the text call -outs on the plans have been revised to include the future land use. 17. I understand Mr. Juhl is working with Tom Chapman to provide access to his business through the property. Since there is an existing easement that traverses the proposed parking spaces and landscape islands, it would seem appropriate to redefine the easement to the path indicated therefore, the following condition of approval will be suggested. a. The drive aisle on adjacent to the easement has been revised and is shown on the plans. 18. Sheets land 2 — Remove the light pole on the west side of the northern portion of the overall property and the overhead power line to it a. The light pole and overhead lines have been called -out to be removed as depicted on sheet 1 of 2. 19. Regarding the potential condition of approval for the Unity of Title, it is further recommended to place all property under one parcel number, if appropriate from a taxation standpoint, and is do -able by the Pinellas County Property Appraiser. a. Acknowledged 20. Site Lighting along S. Missouri Ave has been installed by Progress Energy along the front property line (north of building 8) and adjacent to sidewalk (south of building B), which is 10 feet east of the property line. Recommend relocating to be adjacent to the vehicle display areas so that the lighting actually lights up the vehicles and not just the landscaping. The lights along S. Missouri Ave are very nice from the standpoint the fixtures are parallel horizontally with the ground. a. Owner is currently working with progress energy on a revised light layout • ukkw 08 WMED i 18 2001 p �NOF CD�� �R" 21. Last page used primarily /solely for tree surveylinventory — Remove inconsistent information from that depicted on sheets % and 212. Additionally, most trees along the west property line west of Buildings B and C have been removed from the site. If this is really sheet 3, then label as such and remember to sheets 113, 213 and 313. a. The tree inventory sheet has been revised so that it depicts the actual trees planted on -site. 22. Response to comprehensive landscape program #1b (attached sheet) — written material indicates you are seeking relief from the required buffer width along the front (east) setback. A setback reduction from 25 feet to 15 feet is requested, but the required buffer (15 feet wide) is being provided. Revise. a. Revised 23. Response to Comprehensive Landscape program # 4 — it is indicated that awnings are proposed as a visual enhancement for the buildings and site. The application material does not otherwise indicate any such awnings. If awnings are proposed, indicate on sheet % where the awnings are to be located and provide a drawing of such (with proposed colors). a. Awnings are shown on enclosed pictures. 24. Response to Comprehensive Landscape Program # 5 — It is indicated there are overhead utility lines along S. Missouri Ave. My recollection is, and site inspection reveals, there are no such overhead lines. Revise. a. Acknowledged 25. Description of Request — Revise to that indicated by Staff a. Revised per staff report 26. Description of Request — paragraph 3 — The proposal eliminates three driveways, not one, from seven to four. Some of this paragraph sounds like the prior application. Update to current applicant and proposal. a. Revised to show three driveways removed. 27. Description of Request — paragraph 4 (setbacks) — some of this paragraph sounds like the prior application. Update to current applicant and proposal. a. Application has been revised. 28. Description of request — paragraph 5 — (parking) — This paragraph is for the prior application. Update to current applicant and proposal. Refer to other planning comments regarding the amount of parking and potential reductions. a. Application has been revised. 29. Description of request — paragraph 7 (signs) •- this paragraph is for the prior application. Update to current applicant and proposal. a. Application has been revised. 30. Responses to written submittal requirements (actually general applicability criteria) and comprehensive MY redevelopment project criteria. These responses are for the prior application. Update to current applicant and proposal. Update comp. Infill criteria to current code criteria. a. Application has been revised. 31. In lieu of building elevation drawings, update the photos submitted (old, prior application photos). a. New photos are Keith Zayac, P.E., RLA President Keith Zayac & Associates, Inc. ORIC -401 NED .1 181007 PLAN CI y NING OF Ci TEit 0 • Page 1 of 1 Wells, Wayne From: Richard Marcel [Richard @Keithzayac.com] Sent: Monday, June 18, 2007 12:13 PM To: Wells, Wayne; Watkins, Sherry Subject: Response Letter for TMJ of Pinellas Wayne, Attached is a copy of the response letter for TMJ of Pinellas. Kristen will be bringing down hard copies sometime after lunch. Thank you, Richard Marcel Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FI 34695 (P) 727 - 793 -9888 (F) 727 - 793 -9855 (C) 727 - 488 -1002 DISCLAIMER OF LIABILITY Keith Zayac & Associates, Inc. (KZA) makes the electronically stored data available for information purposes only. No warranty, either expressed or implied, is made regarding the accuracy or reliability of the aforementioned data. KZA reserves the right to revise, update, and improve its electronically stored data without notice and assumes no responsibility for any images which may arise as a result of the use of its data. The user agrees to verify the data to ascertain its accuracy for the intended. use. KZA makes every effort to ensure the data is virus free; however, KZA assumes no responsibility for damages caused by the installation /use of the enclosed data. Use of the enclosed data indicates the user accepts the conditions contained herein. Please note, in some cases final approval may not have been issued by all the permitting agencies; hence, modifications, which are not depicted on the enclosed electronically stored data, may be required. Unless other arrangements have been agreed to, use of the electronically stored data, for any activities shall proceed solely at the risk and responsibility of recipient /user of said electronically stored data. Additionally, any use of the enclosed electronically stored data shall relieve KZA and /or any of its employees from liability/responsibility regarding any modifications to said electronically stored data which may be required due to reviewing agencies' comments and /or final design revisions /modifications. 6/18/2007 r� U Wells, Wayne From: Wells, Wayne Sent: Tuesday, June 05, 2007 4:51 PM To: Keith Zayac (E -mail) Subject: FLD2007- 02006, 1460 S. Missouri Avenue Keith - • Attached is the Draft DRC comments for the above referenced case, to be heard at 1:40 pm on Thursday, June 7, 2007. Wayne t T draft 6.7.07 dre action agenda... • Wells, Wayne From: Wells, Wayne Sent: Monday, May 14, 2007 6:49 PM To: Keith Zayac (E -mail) Subject: FLD2007- 02006, 1460 - 1480 S. Missouri Ave. Keith - • Attached is a Letter of Completeness for the above referenced project. The original letter is being mailed. Wayne -, „ �. letter of ,mpleteness 5.14.07 CITY OF CLEARWATER Clearwater PLANNING DEPARTMENT - MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYCLEARWATER. C OM May 14, 2007 Keith Zayac VIA FAX: (727) 793 -9855 701 Enterprise Road Suite 404 Safety Harbor, Fl 34695 RE: FLD2007 -02006 -- 1460 S MISSOURI AVE -- Letter of Completeness Dear Keith Zayac : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 02006. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiency on June 07, 2007, in the Planning Department conference room - Room 216 - on the second floor. of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the -approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne. Wells @myclearwater.com. Sincerely yours, Wa Wells, AICP Planner III Letter of Completeness - FLD2007 -02006 - 1460 S MISSOURI AVE Keith Zavac & Associates, Inc. Civil Engineering, Landscape Architecture, Planning May 14, 2007 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Ave. . Clearwater, FL 34695 RE: FLD2007- 020061460 S MISSOURI AVE Dear Mr. Wells: • 701 S. Enterprise Road E., Ste 404 Safety Harbor, FL 34695 (727) 793 -9888 Phone (727) 793 -9855 Fax keitha,ke ithzayac. com EB 9351 LC26000212 ORIGIML DIVED MAY 14 2007 PLANNING DEPARTMENT CITY OF CLEARWATER .Enclosed please find 14 sets of plans and supporting documentation addressing the comments from your letter of •incompleteness dated March 5, 2007 including the following: 1. The parcel numbers have been revised on the application and site plan. 2. One signed and sealed copy of the survey is enclosed. 3. The plans are signed and sealed by the engineer of record. 4. A stormwater narrative and calculations are enclosed. Please 'note the retention required calculations are located on the site plan. 5. A tree- inventory is enclosed. 6. The required parking is provided in the updated site layout, eliminating the need for a parking study. 7. An access has been provided for the easement on the adjacent property. The easement is also shown on the site plan. 8. A traffic study is not included since there is no additional building space and a reduction in the vehicle display area. 9. The current deed with parcel numbers is. included in this submittal. 10. In addition, several improvements have been ,added to the site plan including additional landscape buffers to the front of the property, removal of existing signs, removal of three driveways and removal of an additional non - conforming building. Since , th Zaya ZRLA , President Keith Zayac & Associates, Inc. • Wells, Wayne From: Wells, Wayne Sent: Tuesday, May 01, 2007 2:08 PM To: Keith Zayac (E -mail) Subject: Ted Juhl, 1460 S. Missouri Avenue Keith - • Attached is the last staff report sent to the CDB. This may shed some light as to areas of difference between what was proposed under the application and staffs position. Call or email me with any questions. Wayne Missouri S 1460 Staff Report f... Wells, Wayne • From: Jim Schwartz Uimschwartz @tampabay.rr.com] Sent: Friday, March 09, 2007 9:28 AM To: Wells, Wayne Subject: RE: FLD2007- 02006, 1460 - 1480 S. Missouri Avenue OK. I will come to the Planning Office to get what is in the file. - - - -- Original Message---- - From: Wayne. Wells @myClearwater.com [ mailto :Wayne.Wells @myClearwater.com] Sent: Wednesday, March 07, 2007 7:00 PM To: jimschwartz @tampabay.rr.com Cc: michael.delk @MyClearwater.com; Gina.Clayton @myClearwater.com; neil.thompson @MyClearwater.com; Sherry .Watkins @myClearwater.com; Leslie.Dougall- Sides @myClearwater.com Subject: FLD2007- 02006, 1460 - 1480 S. Missouri Avenue Mr. Schwartz - I have checked with both the Planning Director and the City Attorney's office today and the requirements listed in my Letter of Incompleteness must be submitted in order to become complete for further processing to the Development Review Committee and potentially the Community Development Board. Should there be something in the former case file (FLD2003- 08039) that could help you with those items necessary for this application, you are more than welcome to review the file and obtain copies of those items desired. The case file is in my office. You should contact Sherry Watkins in the Planning Department to review the prior case file and obtain copies of those items desired (562- 4582). Should you have any additional questions, feel free to contact me by email or at 562 -4504. Wayne 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 07, 2007 7:00 PM To: 'jimschwartz @tampabay.rr.com' Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Watkins, Sherry; Dougall- Sides, Leslie Subject: FLD2007- 02006, 1460 - 1480 S. Missouri Avenue Mr. Schwartz - I have checked with both the Planning Director and the City Attorney's office today and the requirements listed in my Letter of Incompleteness must be submitted in order to become complete for further processing to the Development Review Committee and potentially the Community Development Board. Should there be something in the former case file (FLD2003- 08039) that could help you with those items necessary for this application, you are more than welcome to review the file and obtain copies of those items desired. The case file is in my office. You should contact Sherry Watkins in the Planning Department to review the prior case file and obtain copies of those items desired (562- 4582). Should you have any additional questions, feel free to contact me by email or at 562 -4504. Wayne r 0 CITY OFCLARWATER Y > earwater PLANNING DEPARTMENT - MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W.MYCLEARWATER. C OM March 05, 2007 James Schwart, Esq 235 N Garden Ave Clearwater, F133755 VIA FAX: 727 - 441 -9395 RE: FLD2007 -02006 -- 1460 S MISSOURI AVE -- Letter of Incompleteness Dear James Schwart, Esq : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2007- 02006. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Revise Parcel No. 22/29/15/22968/000 /0130 to 22/29/15/22968/000 /0131 on Page 1 of the application. 2. Provide one signed and sealed survey. 3. Provide one set of plans (Sheets 1 and 2 of 2) signed and sealed by the engineer (Keith Zayac). All other sets of plans should be copies of this new signed and sealed set of plans (not dated August 11, 2005). 4. Provide a narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. 5. Provide a tree inventory, prepared by a "certified arborist ", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. 6. Required parking is not being provided. Provide a Parking Demand Study to make deviations to the parking standards (ie. reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved 7. It is now common knowledge that there exists an access easement for Mr. Chapman's property. Show easement on the plans along with the OR book and page numbers. 8. On the application form it is initialed that a Traffic Impact Study is included. Such study was not found included. Please provide. 9. On the application four parcel numbers are indicated that make up the entire property under this submission. However, based on the parcel numbers attached to Exhibits A, B and C, the legal description for Parcel Number 22/29/15/22968/000 /0110 has not been included (as Exhibit D ?). Please provide. Section 4 -202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by 4:00 pm on Monday, March 12, 2007. Letter of Incompleteness �- FLD2007 -02006 - 1460 S MISSOURI AVE 0 CITY OF CLIARWATER 0 F >- earwater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 0 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562 -4567 FAX: (727) 562 -4576 W W W . MYCLEARW ATER. C OM March 05, 2007 If you have any questions, please do not hesitate to contact me at 727 -562 -4504 or Wayne.Wells@myclearwater.com. Sincerely yours, �A,j� Wayne uVells Planner III Letter oflncompleteness - FLD2007 -02006 - 1460 S MISSOURI AVE � I - 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, March 05, 2007 6:39 PM To: 'jimschwartz @tampabay.rr.com' Subject: FLD2007- 02006, 1460 - 1480 S. Missouri Avenue Mr. Schwartz - Attached is a Letter of Incompleteness for the above referenced project. The original letter is being mailed to you. Should you have any questions, feel free to email or call me (562- 4504). Wayne t-,T- letter of completeness 3.5.0, • Keith Zavac & Associates, Inc. Civil Engineering, Landscape Architecture, Planning February 28, 2007 Mr. Wayne Wells City of Clearwater Planning Department 100 S. Myrtle Ave., Ste 210 Clearwater, FL 33756 RE: DJ :AUTOMOTIVE Dear Mr. Wells: • 701 S. Enterprise Road E., Ste 404 Safety Harbor, FL 34695 (727) 793 -9888 Phone (727) 793 -9855 Fax keith0leithzayac.corn EB 9351 LC26000212 ORIGINAL RECEIVED MAR 0 5 2007 PLANNING DEPARTMENT CITY OF CLEAPWATER - It has come to my attention that a new development application has been filed for this project using site and landscape plans prepared by our office under a previous application. Please be advised that the use and submittal of these plans are without our knowledge or consent. We are not party to this' application and the use of the submitted plans is without our authorization. Sincerel , Kei E. Zayac, P.E., RLA President Keith Zayac & Associates, Inc. Cc: James Schwartz via email ,a r 2008 Business Beautification Recognition Nomination Form Applications must be submitted to: Neighborhood Services, PO Box 4748 Clearwater, FL 33 758-4 748 Fax: 562 -4673 The Awards Committee would like to honor those business owners who continue to make the City of Clearwater the great and unique place that it is. The Awards Committee is looking for business owners that have sustained or have made significant improvements to their property to enhance the neighborhood and community. Please attach before and after photos, if available. 1. Business name TMJ Enterprises 2. Business owner /address 3. Please provide information about any improvements to the property that enhance the area. 4. Are there special features on this property i.e., trees, xeroscaping, energy conservation mechanisms, reclaimed water, etc? 5. Please provide any other positive factors that make this business stand out. (landscape improprement, elimination of code violations, fagade improprement, etc.) 6. Please explain how the business owners in this area have worked to maintain or improve the quality of life in the area. 7. Additional comments. 8. Name and contact number: 2008 Business Beautification Recognition Nomiton Form Video & Picture Release The City of Clearwater and Clearwater Regional Chamber of Commerce has permission to use any photographic or video images of the undersigned taken for publicity purposes. I understand that such publicity and /or photos are only to be used by both the City of Clearwater and the Clearwater Regional Chamber of Commerce as a means of promotion for the Business Beautification Recognition Program. Nominee's Signature Date .r P � • 2008 Business Beautification Recognition Nomination Form Wayne Wells, Planner III, Planning Department (x4504) 1. Business Name: TMJ Enterprises 2. Business Owner /Address: Ted Juhl /1460 S.. Missouri Avenue 3. Improvements that enhance the area:. This site was formerly a number of parcels . permitting used automobile sales establishment, offices and detached dwellings that were under enforcement action by the City for unauthorized conversion of some of these parcels solely for used automobile sales. Many improvements (building additions and pavement enlargements) were constructed without the benefit of use authorizations and building permits. After the prior owner, whom was requesting to authorize the used automobile sales use over the entire property with the constructed improvements, filed for bankruptcy, the City was still fining the property owner for such violations. Ted Juhl (TMJ Enterprises) purchased the property, worked with the Planning Department through the site plan approval process by the Community Development Board (CDB), and has then constructed the improvements. The approved and constructed site plan includes the removal of a number of driveways (reduction from seven to three. driveways), which improve traffic flow resulting in fewer traffic conflict points, a reduction and relocation of on -site site lighting that reduces visual clutter, removed buildings and/or building additions constructed without the benefit of building permits, the removal of significant amounts of pavement (some of which was installed without the benefit of building permits) and installed significant landscape improvements, especially along S. Missouri Avenue. The northern portion of the site provided a minimum 15 -foot landscape buffer along S. Missouri Avenue. Imperceptible to. the eye, there is a 10 -foot jog in the front property line approximately midpoint along S. Missouri Avenue. The pavement within this 10 -foot right -of -way area was removed and sodded in accordance with FDOT rules and City requirements. In addition to this 10 -foot area, the owner installed a 15 -foot landscape buffer along the southern portion of the site (in essence the appearance of a 25 -foot landscape area). Other paved areas were removed to install interior landscaping. Additionally, other perimeter areas were landscaped in accordance with Code requirements, as approved through the Flexible Development process by the CDB. The outcome of these improvements has a significant impact on the visual appearance of this property, with a frontage of approximately 460 feet along S. Missouri Avenue. This property has established a new standard for improvement within this area. 4. Special features: Landscape improvements and the reduction of the number of driveways along S. Missouri Avenue have been the most meaningful features of this property.. 5. Positive factors that make the business stand out: The positive change to the visual appearance along S. Missouri Avenue by the installation of the landscape improvements and the reductions to. the number of driveways for this property are the most positive factors important to the transformation of this property for this business.. Additionally, this property owner, different than the prior owner, chose not to extend the display of vehicles into. the residentially zoned area at the rear of the northern portion of the property.. This was a substantial change that adjacent residential property owners were against.. The result is an open area of the overall site adjacent to these residential dwellings.. 6. Improvement to the quality of life in the area: This property has established a new standard for improvement within this area. Wells, Wayne From: Dougall- Sides, Leslie Sent: Monday, January 28, 2008 3:06 PM To: • Wells, Wayne Cc: Hollander, Gwen Subject: RE: telephone call Wayne, I have reviewed the correspondence and file relating to the 5 bankruptcy cases. The $25,000.00 amount was accepted by the City in satisfaction of its claims of code enforcement liens against the KP Entities' properties. I am assuming that it went into the General Fund. It is not available to Mr. Juhl but rather was payment to the City. There was also a $50,000.00 sum which was escrowed by the KP Entities until 8/07 to enable the buyer to comply with City codes. That money was to be held by Steven M. Berman, Esq.; the City had nothing to do with disbursement of it. Mr. Juhl could inquire as to the availability of this fund with Mr. Berman. - - - -- Original Message---- - From: Wells, Wayne Sent: Friday, January 18, 2008 5:05 PM To: Dougall- Sides, Leslie Subject: RE: telephone call Leslie - Mr. Juhl is under construction with the site improvements. Al Ruud earlier mentioned to me that $25,000 was put in escrow to pay for the improvements due to the prior owner's bankruptcy and the lien the City had on the property. I have referred him to you to see if any or all of that money could be used by him to help pay for the improvements to the site he is doing. If possible, you hopefully can tell him how. If not, it was worth the phone call to see it that money was available to him. If it is not available to him, is it like a reduced fine /lien payment to the City that goes into our general fund? Wayne - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Friday, January 18, 2008 3:33 PM To: Wells, Wayne Subject: FW: telephone call Wayne, what if anything is happening on the Site Plan for this property? Leslie - - - -- Original Message---- - From: Hollander, Gwen Sent: Friday, January 18, 2008 3:11 PM To: Dougall- Sides, Leslie Subject: telephone call Ted Juhl purchased four parcels of property from KP (Nascarella) located at 1460 S. Missouri. A portion of the money was put into escrow. Wayne Wells told Mr. Juhl to call you. Mr. Juhl's cell phone number is 612 -1131, He wanted to make an appointment to see you. I told him that maybe a phone call would work, that I would check w /you. He seemed to think you are familiar with the subject property. Gwen Hollander Legal Staff Assistant Clearwater City Attorney's Office (727) 562 -4013 0 Wells, Wayne From: Wells, Wayne Sent: Friday, January 18, 2008 5:05 PM To: Dougall- Sides, Leslie Subject: RE:. telephone call Leslie - Mr. Juhl is under construction with the site improvements. All Ruud earlier mentioned to me that $25,000 was put in escrow to pay for the improvements due to the prior owner's bankruptcy and the lien the City had on the property. I have referred him to you to see if any or all of that money could be used by him to help pay for the improvements to the site he is doing. If possible, you hopefully can tell him how. If not, it was worth the phone call to see it that money was available to him. If it is not available to him, is it like a reduced fine /lien payment to the City that goes into our general fund? Wayne - - - -- Original Message---- - From: Dougall- Sides, Leslie Sent: Friday, January 18, 2008 3:33 PM To: Wells, Wayne Subject: FW: telephone call Wayne, what if anything is happening on the Site Plan for this property? Leslie - - - -- Original Message---- - From: Hollander, Gwen Sent: Friday, January 18, 2008 3:11 PM To: Dougall- Sides, Leslie Subject: telephone call Ted Juhl purchased four parcels of property from KP (Nascarella) located at 1460 S. Missouri. A portion of the money was put into escrow. Wayne Wells told Mr. Juhl to call you. Mr.. Juhl's cell phone number is 612 -1131, He wanted to make an appointment to see you. I told him that maybe a phone call would work, that I would check w /you. He seemed to think you are familiar with the subject property. Gwen Hollander Legal Staff Assistant Clearwater City Attorney's Office (727) 562 -4013 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 850 -04424 PROPOSED STATE HIGHWAY ACCESS CONNECTION SYSTEMS PUwN& NOTICE OF INTENT TO ISSUE PERMIT Important: This Notice does not authorize construction to begin and is not a final permit ALSO NOTE: THIS NOTICE OF INTENT IS ONLY VALID FOR 1 YEAR FROM SIGNING DATE IN PART 6. I PART 1: APPLICANT INFORMATION I APPUCATION 2007-A Project Name: TMJ of Pinellas State Road Name/Number. Missouri Ave. / SR 651 Section Number: 150137 Maintenance Office: pampas Maintenance / Brian A. Bennett, P.E. Permit Staff Representobw APplicant TMJ of Pinellas County, Inc. Responsible, Office: Mailing Address: 1335 S. Fort Harrison Ave. Clearwater FL 33756 sbw CRY -Iqm ZIP Telephone: (727)612 -1131 I PART 2: NOTICE OF INTENT TO ISSUE PERMIT YOU ARE HEREBY ADVISED: The Florida Department of Transportation has completed its review of the subject connection permit Application received 12/20/2007 for consistency with Rule Chapters 1496 and 1497, F.A.C., and current Department spacing, location, and design criteria and hereby issues this "Notice of Intent' to: ❑ Issue the subject permit consistent with the permit Application. ® Issue the subject permit consistent with the permit Application and subject to the attached provisions. IMPORTANT This notice of intent to issue a permit does NOT constitute Department permit issuance The permit will be issued after the permittee shows proof that a valid local government development approval or development order has been given to the sites served by the connection and special provisions of the approval consistent with the permit applications. and conditions previously noted. No connection work on the right of way shall be initiated until the Department permit is actually issued. Any changes to the site(s) plan will require re- evaluation of the connection(s). This notice is valid for one year, from the date of issuance, and can only be extended with approval by the Department for problems outside the control of the applicant pursuant to Rule Chapter 1496, F.A.C. This Notice of Intent is transferable as specified only in Rule Chapter 1496, F.A.C. Continued next page ORIGINAL. RECEIVOO JAN 0 9 2000 PLANNING DEPARTMENT CITY OP CLEARWATER 6500.040.24 SYSTEMS PLANNING 06/06 PART 3: CONDITIONS Conditions to be met before Permit will be issued: Standard: 1. Development approval from the appropriate local government consistent with the Notice of Intent to Permit; 2. Assurance of performance pursuant to Section 334.187, Florida Statutes (if required); 3. Notification of all known right of way users affected by the connection(s); 4. Compliance with drainage requirements in Rule Chapter 14-86, FAC. Other Conditions: 1. Provide a copy the letter of local government site plan approval. 2. Provide a copy of the letter issued by the District 7 Drainage Engineer giving drainage approval or exemption. 3. Revise the plot of the movements in / out bound for the maximum design vehicle that will be utilizing the access on a regular basis, the plot shag be shown from the outside curb lane without swinging into the adjacent travel lane. 4. Place rotations on the plans that all pavement sections shall be saw cut prior to removal of any asphalt prevent damage. 5. All sidewalks shall comply with FDOT Standard Index #310,304 and be constructed 6" thick 3,000 PSI class I nonstructural. S. Any damaged sidewatk along the front •age of the project shall be removed and replaced in compliance with FOOT Standards. 7. Place a notation that the access connections shall be constructed in accordance with FDOT Standard Index # 515 and comprised of W thick 3,000 PSI class I non-structural w/fibermesh additive. 8. Provide 4 copies of the EngineWs Certification for Access. (See Attached) 9. Provide the appropriate maintenance of traffic plans that shall be utilized while working within the right of way. 10. Lane closures are restricted to Sunday through Thursday 8:00 PM to 5:30 AM. ORIGINAL RECEIVE, `JAN 0 9 2009 PLANNING OEN1-r;:1,; ;:,•n` Use additional sheet if neoeasary CRY OF CLEA 4Ar(? Continued next page • • 850 -040-24 SYSTEMS PLANNING 06/06 PART 4: NOTICE OF DEPARTMENT AUTHORITY 1. AN approved connection(s) and tuming movements are subject to the Departments continuing authority to modify such connection(s) or turning movements in order to probed safety and traffic operations on the state highway or State Highway System. 2. Transportation Control Features and. Devices In the State Right of Way. Transportation control features and devices in the Department's right of way, including, but not limited to, traffic signals, medians, median openings; or any other transportation control features or devices in the state right of way, are operational and safety characteristics of the State Highway and are not means of access. The Department may instal, remove, or modify any present or future transportation control feature or devices in the state right of way to make changes to promote safety in the right of way or efficient traffic operations on the highway. NAME: Chris Grenory, Permits Manager ADDRESS: 5211 Ulmerlon Rd. Clearwater. FL 33760 PHONE: (n7)570.5101 PART 5: DEPARTMENT CONTACT PART 6: SIGNATURE OF DEPARTMENT AUTHORITY . J SIGNATURE OF DEPARTMENT OFFICIAL- PRINT OR TYPE NAME: Brian A. Bennett, P.E. PRINT OR TYPE POSITION: Pinellas Maintenance Engineer DATE: 01107/2008 PHONE: (727)570101 Continued next page ORIGINAL RECEIVED JAN 0 9 2000 PLANNING DEPARTMENT CITY OF CLEARWATER • 0 850.040-24 SYSTEMS PLANNING 06/08 PART 7: APPEAL PROCEDURES I You may petition for an administrative hearing pursuant to sedans 120.569 and 120.57, Florida Statutes. if you dispute the fads stated in the foregoing Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to section 120.57 (1), Florida Statutes. 9 you agree with the fads stated in the Notice, you may petition for an informal administrative hearing pursuant to section 120. 57(2), Florida Statutes. You must filo the petition with: Clerk of Agency Proceedings Department of Transportation Haydon Hums Budding 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399 -0458 The petition for an administrative hearing must connformn to the requirements of Rule 28- 106201(2) or Rule 28- 106.301(2), Florida Administrative_ Code, and be filed with the Clerk of Agency Proceedings by 5:00 p.m no later than 21 days after you received the Notice. The petition must include a copy of the Notice, be legible, on 812 by 11 inch white paper, and contain: 1.. Your name: address, telephone•nuarsberi. any Department of Transportation identifying number on the Notice, If known, the name and identification number of each agency affected, y known, and the name, address, and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding. 2. An explanation of how your substantial interests will be affected by the action described in the Notice; 3. A statement of when and haw you received the Notice; 4. A statement of all disputed issues of material fad. If there are none, you mist so indicate; 5. A concise statement of the ultimate lads~. kK* Mg the specific fads you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged fads relate to the'specfie rules and statutes you contend require reversal or modification of the agency's proposed action; 6. A statemert of the relief sought, stating preck*y the desired action you wish the agency to take in respect to the agency's proposed action. If there are disputed issues of material fad a foetal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross -examination. If there are no disputed Issues of material fad an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department Mediation, pursuant to section 120.573, Florida Statutes, may be available t agreed to by at parties, and on such terms as may be agreed upon by at paWW& The right to an adminstrative hearing is not affected when mediation does not result in a settlement. Your petition for an administrative hearing shall be dismissed N It is not in substantial compliance with the above requ'rrernents of Rule 28- 106201(2) or Rule 28- 106. 301(2), Florida Administrative Code. If you fat to timely file your petition in accordance with the above requirements, you wit have waived your right to have the intended action reviewed pursuant to chapter 120, Florida Statutes, and the action set forth in the Notice shall be conclusive and final. End ORIGINAL RECEIVED JAN 0 91000 PLANNING DEPARTMENT CRY OF CLEARWATER CERTIFICATION PROJECT NAME PROJECT LOCATION COUNTY STATE ROAD NUMBER • APPLICANT 1. The engineer hereby certifies in accordance with Florida Administrative Code, Rule Chapter 14- 96.004(4)(g) that the complete set of plans and computations submitted by the engineer comply with either Rule Chapter 14- 96.003(3Xa) or 14- 96.003(3)(b), whichever is applicable. Rule Chapter 14- 96.003(3) and its terms are incorporated by reference herein. 2. Unless Rule Chapter 14- 96.003(3)(b) applies, the applicant hereby assures in accordance with Florida Administrative Code, Rule Chapter 14- 96.003(3xa) that all aspects of Rule Chapter 14- 96.003(3)(a) are met and will continue to be met during the life of the applicants drainage system. Rule Chapter 14- 96.003(3) and its terms are incorporated by reference herein. For purposes of emphasis, the applicant specifically certifies that the quality of water discharged by the applicant and conveyed by the connection meets all. applicable water quality standards or minimum design and performance standards. In the event the discharge is identified causing or contributing to a violation of applicable water quality standards, the applicant shall incorporate such abatement as necessary to bring the. applicants discharge into compliance with applicable standards. Applicant and a permittee are the same for purposes of compliance with Rule Chapter 14- 96.003. 3. If the applicant is not the property owner, the property owner provides the assurances and certification as indicated in paragraph 2 above. 4. This certification shall remain valid for any subsequent revision or submittal of plans, computations, or other project documents. PROFESSIONAL ENGINEER: APPLICANT: SEAL: (Signature) (Date) PROPERTY OWNER (if not Applicant): (Signature) (Date) ORIGINAL RECEIVED (Signature) (Date) JAN 0 9 2000 ?LANNING DEPARTMENT CITY OF CLEARWATER Property Owner: TMJ of Pinellas County, Inc. Property Address: 1460 —1480 South Missouri Avenue KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property (legal description) situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: See Attached do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and acknowledged this 20th day of July, 2007, at Clearwater, Florida. SSES: STATE OF FLORIDA COUNTY OF PINELLAS -my Cp nozsw 01X5563 Expires Cewftt 26, 2,008 (SEAL ABOVE) OWNER (S): '-rAJ or- Pi NG L(h 5 el l `�t2G31 �tn17' The foregoing instrument was acknowledged before me this 20`h day of July, 2007, by ,o I7.)f L on behalf of whom the instrument was ezeoi6ied. Notary Public Signature Name of Notary Printed Notary Commission Number: 1-) 3 Personally known or produced identification ' Type of identification produced +�J t OSURKE, OF COURT i CLERK his PLANNING D E PART M E N T NST# 00 2428 2 07120/2007 at 03:14 PM 99�'ATE��` UE 100 S. MYRTLE AVEN, 2 "� FLOOR OFF ype BK: 15899 PG: 8 pocTPe:NOTICE RECORDING: $18.50 CLEARWATER, FL 33756 PHONE: 727 - 562 -4567; FAX: 727 - 562 -4865 DECLARATION OF UNITY OF TITLE Property Owner: TMJ of Pinellas County, Inc. Property Address: 1460 —1480 South Missouri Avenue KNOW OF ALL MEN BY THESE PRESENTS, that pursuant to the ordinances of the City of Clearwater pertaining to the issuance of building permits and regulating land development activities, the undersigned, being the fee owner (s) of the following described real property (legal description) situated in the City of Clearwater, County of Pinellas and State of Florida, to wit: See Attached do hereby make the following declaration of conditions, limitations and restrictions on said lands, hereafter to be known and referred to as a DECLARATION OF UNITY OF TITLE, as to the following particulars: 1. That the aforesaid plot or combination of separate lots, plots, parcels, acreage or portions thereof, shall hereafter be regarded as and is hereby declared to be unified under one title as an indivisible building site. 2. That the said property shall henceforth be considered as one plot or parcel of land, and that no portion thereof shall be sold, assigned, transferred, conveyed or devised separately except in its entirety, as one plot or parcel of land. 3. That this Declaration of Unity of Title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the undersigned, and the heirs, successors and assigns of the undersigned, and all parties claiming under them until such time as the same may be released in writing under the order of the City Manager of the City of Clearwater. The undersigned also agree(s) that this instrument shall be recorded in the public records of Pinellas County, Florida. Signed, sealed, witnessed and acknowledged this 20th day of July, 2007, at Clearwater, Florida. SSES: STATE OF FLORIDA COUNTY OF PINELLAS -my Cp nozsw 01X5563 Expires Cewftt 26, 2,008 (SEAL ABOVE) OWNER (S): '-rAJ or- Pi NG L(h 5 el l `�t2G31 �tn17' The foregoing instrument was acknowledged before me this 20`h day of July, 2007, by ,o I7.)f L on behalf of whom the instrument was ezeoi6ied. Notary Public Signature Name of Notary Printed Notary Commission Number: 1-) 3 Personally known or produced identification ' Type of identification produced I Exhibit A The West 125 feet of the East 145 feet of Lot 13 of A.H.. DUNCAN'S SUBDIVISION OF CLARA E. DUNCAN'S SUBDIVISION of the Fast 1/2 of the NEi /4 of SW 1/4 Section 22, Township 29 South, Range 15 Euat, Plal Book 5, Page 26, Public Records of Pinellas County, Florida, being more particularly described as follows: From the South 1/4 corner of Section 22, Township 29 South, Range 15 East, run North 0" 19'30°' West along 0W No -th -South Centerline of said Section, 1728.97 feet; thence run North 89" 13'13" West, 40:01 feet to a point fill the West right -of -way lire of Missouri Avenue, ,and on the South line of Lot 13 of said A.H. DUNCAN'S SUBDIVISION for a Point of Beginning; thence run North 89" 1:3'13" West along said South line of Lot 13, 125 feet; thence run Nortln 0I1" 19'30" West, 132.08 feet; thence run South 89° 12'57" East along the North line of said Lot 13, 125 feet; thence South 00" 19'30" East along said West right -of -way line of Missouri Avenue 132.07 feet to Point of Beginning. Parcel Identification Number: 22/29/15/229681000 /0131 and Exhibit B LOT 12, Less and Except the East 20 feet thereof, A.H. DUNCAN'S SUBDIVISION of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as- recorded in Plat Book 5, Page 26, Public Records of Pinellas County, Florida and LOT 11, Less the West 125 feet thereof, A.H. DUNCAN'S Subdivision of the East 1/2 and the Northeast 1/4 of the Southwest V4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 220'29/15122968/000 /0120 z2)zq) ts) z2 qb s�o 0o 1 o 1� o and Exhibit C LOT 7, 8, 9 and 10, ZEPHYR HILL SUBDIVISION, according to the plat thereof, recorded in Plat Book 24, Page 88, or the Public Records of Pinellas Counry, Florida. Parcel identification Number: 22/29/1.5199684 /000/0070 Exhibit A The West 125 feet of the East 145 feet of Lot 13 of A.H. DUNCAN'S SUBDIVISION OF CLARA E. DUNCAN'S SUBDIVISION of the East 1/2 of the Niel /4 of SW 1/4 Section 22, Township 29 South, Range 15 Eust, Plat Book 5, Page 26, Public Records of Plnelias County, Florida, being more particularly described as follows: From the South 114 corner of Section 22, Township 29 South, Range 15 East, run North 0" 1910" West along the North -South Centerline of said Section, 1728.97 feet; thence run North 89" 13'13" West, 40:01 feet to a point on the West right -of -way lire of Missouri Avenue, and on tine South line of Lot 13 of said A.H. DUNCAN'S SUBDIVISION for a Point of Beginning; thence run North 6" 1:3'13" West along said South line of Lot 13, 125 feet; thence run North OL+" 19'30" West, 132.08 feet; thence run South 89° 12'57" East along the North line of said Lot 13, 125 feet; thence South 00" 19'30" East along said West right -of -way line of Missouri Avenue 132.07 feet to Point of Beginning. Parcel identification Number: 22/29/15122968/000 /0131 and Exhibit B LOT 12, Less and Except the East 20 feet thereof, A.H. DUNCAN'S SUBDIVISION of the East 1/2 of the Norihcast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to tine map or pint thereof, As, recorded in Plat Book 5, Page 26, Public Records of Pinellas County, Florida and LOT 11, Less the West 125 feet thereof, A.H. DUNCAN'S Subdivision of the East 1/2 and the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, .Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 22!29/15122968/000 /0120 Z2-)") ts) 7- .% 8/0 o o 1 o A\ o and Exhibit C LOT 7, 8, 9 and 10, ZEPHYR HILL SUBDIVISION, according to the plat thereof, recorded in Plat Book 24, Page 88, of the Public Records of Pinellas County, Florida. Parcel Identification Number: 22/29/1.5 199684 /000/0070 i Wells, Wayne From: Moses, Brenda Sent: Friday, July 20, 2007 9:01 AM To: Wells, Wayne Subject: RE: FL62007- 02006, 1460 - 1480 S. Missouri Avenue Hi, Wayne. My notes indicate that the additional condition was that "the outdoor lighting in the residential area be removed". - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, July 18, 2007 6:54 PM To: Moses, Brenda Subject: FLD2007- 02006, 1460 - 1480 S. Missouri Avenue Brenda - There was a 13th condition added by the CDB to the approval of this case. I did not write it down. I am trying to get out the Development Order. Could you please send me this additional condition? Thanks. Wayne CDB Meeting Date: July 17, 2007 Case Number: FLD2007 -02006 Agenda Item: D5 Owner /Applicant: TMJ of Pinellas County, Inc. Representative: Keith E. Zayac, P.E., RLA Address: 1460 -1480 South Missouri Avenue CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: � CRICINAL REQUEST: Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. CURRENT ZONING: Commercial (C) (1.70 acre [74,145 square feet]) District and Low Medium Density Residential (LMDR) (0.61 acre [26,638 square feet]) District (2.31 acres total [100,783 square feet total]) CURRENT FUTURE LAND Commercial General (CG) and Residential Urban (RU) USE CATEGORY: PROPERTY USE: Prior Use: Vehicle sales /display Proposed Use: Vehicle sales /display Community Development Board — July 17, 2007 FLD2006 -02006 —Page 1 of 13 i • EXISTING North: Commercial (C) and Low Medium Retail sales and SURROUNDING ZONING Density Residential (LMDR) Districts detached dwellings AND USES: South: Commercial (C) and Low Medium Office /warehouse, Density Residential (LMDR) Districts vacant land and detached dwellings East: Unincorporated County Offices West: Commercial (C) and Low Medium Office /warehouse and Density Residential (LMDR) Districts detached dwellings ANALYSIS: Site Location and Existing Conditions: The 2.31 total acres is located on the west side of South Missouri Avenue, south of Bellevue Boulevard and 200 feet north of Woodlawn Street. The overall lot is "L" shaped and has 464 feet of frontage along South Missouri Avenue and the northern leg of the property extends approximately 496 feet deep from South Missouri Avenue. The majority of the site is zoned Commercial District (1.70 acres), with the Commercial zoning extending 297.6 feet deep from South Missouri Avenue along the north property line. The westernmost 199.23 feet along the northern property line (0.61 acre) is zoned Low Medium Density Residential (LMDR) District. The majority of the property has been used for vehicle sales /display and an automobile service station. A majority of the northern leg of the property is pervious surfaces with few trees. The significant portion of the entire frontage has been paved or is the foundation/floor of commercial buildings previously demolished. There is very little landscaping on this site. Nonresidential uses (retail sales, offices and vehicle sales /display) are located along South Missouri Avenue. Adjacent in the corner of the "L" of the site, accessed by South Michigan Avenue, is a contractor's office and warehousing use (1461 South Michigan Avenue). This contractor's office and warehousing use has an existing access easement over the subject property providing ingress /egress to South Missouri Avenue. Detached dwellings are developed to the north, west and south of the subject property. An existing white vinyl fence has been installed along the perimeter of the site and approximately 10 feet west of the existing asphalt pavement on the northern portion of the site. Vehicle sales and display previously occurred over the entire property, however, portions of the property had not been properly authorized through appropriate City approvals for such use. The large northern portion of the site north of Building A has not yet been approved for the use of vehicle sales and display, as well as Lots 8 and 9 between Buildings B and C. There used to be a retail building on the northern portion (formerly 1448 South Missouri Avenue) that was demolished in 1994, but the building slab and pavement were not removed. Office buildings previously existed on Lots 8 and 9 that were demolished in 2002 (formerly 1474 South Missouri Avenue) and 2003 (formerly 1476 South Missouri Avenue). Legitimate use of other portions of the property for vehicle sales and display have been authorized for Building A, B and C. The prior owner purchased the large northern lot with the intent of improving the entire property for the use of vehicle sales /display. A prior proposal to develop the entire area, including that portion zoned LMDR District, with a vehicle sales establishment was reviewed by the CDB on September 20, October 18 and December 20, 2005 (Case No. FLD2003- 08039). That portion within the LMDR District was for a nonresidential off - street parking lot associated with the vehicle sales establishment. This application was submitted to the City in August 2003, but was an incomplete application. By letter dated November 3, 2003, the City cited the prior owner of various violations on the overall property, including the installation of site improvements without any building permits and the alteration or construction of buildings on -site without required building permits. Due to the nature of some of the improvements constructed without authorization or permits, certain minor improvements were issued permits in late November 2003. Certain improvements Community Development Board — July 17, 2007 FLD2006 -02006 — Page 2 of 13 0 0 deemed associated to the use of the property were to be reviewed as part of this Flexible Development application. From a general "use" standpoint, portions of the property were developed legally for the sale and display of vehicles. Other portions of the site have been used for vehicle sales /display, but without City authorization. Case No. FLD2003 -08039 was withdrawn by the applicant at the December 20, 2005, CDB meeting. Since there had been Code Enforcement Board action finding the owner in violation of various City codes, a daily fine accrued on this overall property. The prior property owner filed for bankruptcy and the subject property was recently purchased by the present owner. A bankruptcy settlement with the City for the lien the City had on the property was agreed upon. Development Proposal: The development proposal is to permit vehicle sales /display in the Commercial District only. This proposal is similar to the prior application, but with a different development approach by the new owners. The owner has agreed to provide certain site improvements that Planning Staff took issue with in the prior application. While the overall property includes 0.61 acres in the northwest portion of the site zoned LMDR District, the applicant is not proposing any parking lot nor other improvement related to vehicle sales /display except a portion of the required retention pond. This area of the overall site zoned LMDR District will need to be tied to the balance of the property zoned Commercial District through the recording of a Declaration of Unity of Title prior to the issuance of any permits. From a general "use" standpoint, portions of the property have been developed legally for the sale and display of vehicles. Other portions of the site were used for vehicle sales /display, but without City authorization. The expansion of this vehicle sales /display use is appropriate, so long as reasonable Code provisions are met and the relationship of improvements are compatible and consistent with the surrounding area and in general to similar uses elsewhere in the City. This Staff Report will discuss the merits of the aspects of such expansion, and the impacts of such improvements to the various portions of the property. The proposal includes removing the carport structure south of Building A. This carport was installed without the benefit of a building permit, does not meet required setbacks and was previously used in a manner inconsistent with Code provisions. Staff was made aware during the review of the prior Flexible Development application that a building addition was constructed to the rear of Building A (automotive repair building) by the prior owner without the benefit of a building permit. Research of computer and microfilm records for this address do not indicate a permit was obtained for its construction. This addition was not part of the original letter of violations of November 2003. An after - the -fact building permit will now be required to be obtained in a timely manner. The new owner only repairs his own vehicles associated with the vehicle sales /display and does not perform automotive repair to the general public. The proposal includes the removal of a carport structure south and west of Building C. This carport structure was installed without permits and was included in the letter of violations of November 2003. The prior owner used this carport structure for the detailing of vehicles. The letter of violations in November 2003 also indicated that Building C was remodeled and converted from an office without the benefit of building permits. Part of the remodeling included the installation of overhead doors on the east and west sides of the building. The present owner and applicant desires to use Building C for storage only. An after - the -fact building permit will also be required for Building C to be obtained in a timely manner. Detached dwellings exist to the west of Buildings B and C. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 3 of 13 • • Floor Area Ratio (F.A.R.): Pursuant to Section 2 -701.1 of the Community Development Code, the maximum allowable F.A.R. for properties with a designation of Commercial General is 0.55. As such, the maximum development potential of the 1.70 -acre parcel is 40,780 square feet. The existing buildings total 4,956 square feet in size, which results in, an F.A.R. of 0.067. Based upon the above, the development proposal is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable F.A.R. Impervious Surface Ratio (I.S.R.): Pursuant to Section 2 -701.1 of the Community Development Code, the maximum allowable I.S.R. in the Commercial District is 0.95. The proposed I.S.R. within the Commercial District is 0.664, which is consistent with the Code provisions. Minimum Lot Area: Pursuant to Table 2 -704 of the Community Development Code, the minimum lot area for vehicle sales /display ranges between 10,000 — 40,000 square feet. The lot area for this proposal zoned Commercial District is 74,145 square feet, which is consistent with Code provisions. Minimum Lot Width: Pursuant to Table 2 -704 of the Community Development Code, the minimum lot width for vehicle sales /display ranges between 100 — 200 feet. The site has 464 feet of frontage along South Missouri Avenue, which is consistent with Code provisions. Minimum Setbacks: Pursuant to Table 2 -704 of the Community Development Code, the minimum front setback is 25 feet, the minimum side setback is 10 feet and the minimum rear setback is 20 feet. The proposed vehicle sales /display, being processed as a Comprehensive Infill Redevelopment Project, includes reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement) and a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building). The site is located along a major arterial street. Code provisions require bringing the overall site into full compliance with Code provisions for parking and landscaping. Code requires the provisions of a 15 -foot wide landscape perimeter buffer along South Missouri Avenue. Code setback provisions to pavement also require a 15 -foot front setback. Staff, and the Community Development Board, has consistently required the provision of a minimum 15 -foot front setback/landscape buffer for vehicle sales /display uses along major roadways. Different than the prior application, this applicant is complying with the 15 -foot setback/landscape buffer for the entire frontage, in compliance with Code provisions. The front property line jogs westward 10 feet at the north line of Lot 10 north of Building B. One of the violations listed in 2003 was the installation of concrete pavement within the area south of Building B, including within the front setback area and within the South Missouri Avenue right -of -way of this 10 -foot "jog" area. The prior owner displayed vehicles within this front setback area south of Building B and within the South Missouri Avenue right -of -way without City authorization. The Florida Department of Transportation (FDOT) will not permit the installation of landscaping within the South Missouri Avenue right -of -way other than sod unless the City maintains the landscaping. The City's Engineering staff has indicated the City will not accept the maintenance requirement for private landscaping. The proposal indicates the removal of the pavement within this portion of the right -of -way and the installation of sod. The proposal includes reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement) and a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building). Staff has discussed the front setback/buffer issue along South Missouri Avenue above. Building B exists at a front setback of 13.7 feet. The proposal includes the removal of the existing pavement east of Building B. Pavement south of Building C is presently at a setback of 3.9 feet' Community Development Board — July 17, 2007 FLD2006 -02006 — Page 4 of 13 to the south property line. Pavement south of Building A was installed with a building permit in 1990 and is at a south setback at the property jog of 5.8 feet and a rear setback to the west of less than five feet. Pavement exists at a rear setback west of Building B to the south property line of 5.9 feet. The prior owner has removed much of the landscaping within these setback/buffer areas. The width of these areas is acceptable so long as the landscaping is upgraded to comply with Code provisions. Required setback and buffering is met on the northernmost parcel of this request. Maximum Building Height: Pursuant to Table 2 -704 of the Community Development Code, the maximum allowable height is 25 feet. Building A is 12 feet in height and Buildings B and C are 10 feet in height at the midpoint of the pitched roofs. These existing building heights have blended well with the surrounding neighborhood and the development proposal is consistent with the Code with regard to the maximum allowable height. Minimum Off - Street Parking: The overall site today has seven driveways, many left over from prior development of the various parcels that are part of the site. The proposal reduces the number of driveways to four. Due to the location of a median break in South Missouri Avenue, the northern two driveways are necessary for the delivery of vehicles by transport trucks. Transport trucks will enter the site from the northernmost driveway, traverse the site and exit the next driveway south of this northernmost driveway adjacent to the north side of Building A. The applicant is proposing to close a driveway east of Building A. The driveway between Buildings A and B is necessary to provide access to customer parking and the vehicle service building. The applicant desires to retain the first existing driveway south of Building B and close the other two southernmost driveways. While there are Code provisions regarding the maximum number of driveways for a site, recognizing the size, configuration and existing /proposed use of certain portions of the site, Staff can support the four driveways proposed. The proposal includes a deviation to allow direct access to a major arterial street (South Missouri Avenue). The overall site has no other street access options and historically direct access for commercial uses has not been an issue. The proposal includes a deviation to allow vehicle sales /display contiguous to residentially zoned property and a deviation to allow the display of vehicles for sale outdoors. There have been legitimate authorizations for the sales /display of vehicles for portions of the site, which has occurred adjacent to the detached dwellings to the west. The deviations requested are similar to parking lots adjacent to residentially zoned properties, with the exception that the vehicles may not move daily. The applicant proposes a reduction in parking from 35 spaces to 10 spaces. The applicant has submitted information that justifies the requested reduction. Customer and employee parking will occur between Buildings A and B. While the site plan indicates 26 spaces are proposed, it is the request of the applicant to only provide the 10 parking spaces. Even though the Code has been amended to its present requirement, this still produces an extreme amount of required parking for this type of vehicle sales /display (a used car dealer). Such a parking requirement may be appropriate for a new car dealer, where there are manufacturer sales quotas and large sales and service staff, but such is uncommon for a used car dealer. An additional 16 spaces (six spaces in front of Building A and 10 spaces at the rear of the northernmost portion of the property) will be available for overflow parking in the event such is needed; otherwise, these 16 spaces will be utilized for vehicle sales /display. The new owner is presently located at the intersection of South Ft. Harrison Avenue and Lakeview Road. His long -term experience at his present location has provided less than the proposed 10 spaces without parking issues. Prior to the issuance of any permits, the site plan will need to be amended to reflect the 10 parking spaces for customers and employees. Adequate off - street parking will be available to avoid on- street or off -site parking. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 5 of 13 0 • Mechanical Equipment: Pursuant to Section 3- 201.D.1 of the Community Development Code, all outside mechanical equipment shall be screened so as not to be visible from public streets and/or abutting properties. There exists at the rear of Building B an air conditioning unit, which is not visible from South Missouri Avenue and neither from the detached dwellings to the west due to a six -foot high fence along the west property line. As such, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3 -904.A of the Community Development Code, to minimize hazards at street or driveway intersections, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20 -foot sight visibility triangles. The proposed site plan shows all required visibility triangles at all driveways to be retained. The intent of the sight visibility triangles is to enable those vehicles and/or pedestrians traversing a right -of -way and those vehicles stopped at a stop bar while leaving a site to have a clear and unobstructed view of one another. The City's Engineering Department has indicated no objection to the location of the parking spaces on either side of the driveway between Buildings A and B as proposed. These parking space encroachments upon the sight visibility triangles will not result in the grant of a special privilege as similar reductions have been approved elsewhere under similar circumstances. The applicant has also noted that landscaping proposed within the visibility triangles will be maintained below 30- inches to avoid sight visibility issues and no trees are proposed within the sight' visibility triangles. Based upon the above, positive findings can be made with respect to allowing encroachments of pavement within the sight visibility triangles as set forth in Section 3 -904.A of the Community Development Code. Utilities: Pursuant to Section 3 -911 of the Community Development Code for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. Overhead utilities exist traversing the northern portion of the site, serving both Building A and the off -site business to the rear at 1461 South Michigan Avenue. The existing electrical service to Buildings B and C is overhead from the overhead lines along the west property line serving the detached dwellings south of this site. The site plan indicates the removal of the utility pole and overhead lines north of Building A to facilitate construction. Since there have been additions or remodeling of all buildings on -site, all on -site electric and communication lines should be placed underground in conformance with this Code requirement. Any approval of this request should include a condition requiring such undergrounding of the existing overhead on -site utility lines. There are no overhead utility lines along the site's frontage along South Missouri Avenue. Lighting along South Missouri Avenue to illuminate the vehicle sales /display areas were installed without the benefit of required electrical permits. The applicant is working with Progress Energy to determine the number of light poles desired. It has been recommended to the applicant to place the light poles adjacent to the edge of the vehicle sales /display pavement, rather than at the front property line, so that required landscaping does not shield lighting of the vehicles. Electrical permits are necessary for site lighting along the front of the site, with service lines underground. A utility pole and light (and its overhead service) at the western edge of the northern portion of the site (zoned LMDR) will be removed with this proposal. Landscaping_ Pursuant to Section 3- 1202.D.1 of the Community Development Code, this site is required a 15 -foot wide landscape buffer along South Missouri Avenue, a 12 -foot landscape buffer adjacent to the detached dwellings to the west of Buildings B and C and a five -foot wide landscape buffer adjacent to other nonresidential development (commercial development to the west at 1461 South Michigan Avenue and the north and south property lines adjacent to South Missouri Avenue). Buffers are to be planted with one (1) tree every 35 feet and 100% shrub coverage is required. The proposal includes a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 Community Development Board — July 17, 2007 FLD2006 -02006 — Page 6 of 13 0 0 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings.from five feet to zero feet. The landscape reduction along South Missouri Avenue is the result of a portion of Building B being too close to the front property line. Since there are other portions of Building B farther from the front property line, and the entire paved area east of Building B is being removed and landscaped, the reduction can be viewed as being averaged out at this location. The existing landscape areas along the south and west property lines south of Building A need to be planted in accordance with Code requirements. The landscape plan is unclear as to the type of landscaping proposed within these areas. Prior to the issuance of any permits, the landscape plan will need to be revised to clarify proposed landscaping in these areas. There is very little to no landscaping presently within these buffers. Additionally, the existing gravel within these buffers will need to be replaced with organic mulch in accordance with Code requirements. The proposed landscaping, especially along . South Missouri Avenue, will be a significant enhancement for this corridor due to the amount of frontage of this property along South Missouri Avenue. The front perimeter buffer along South Missouri Avenue will be planted with a pittosporum hedge and latana groundcover, with American elms and crape myrtle trees. The number of trees, based on the trees being shade or accent trees, needs to meet Code requirements (two accent trees equal one shade tree). The other buffer and interior areas of the site are proposed to be planted with hibiscus, simpson's stopper, dwarf Indian hawthorn, with dahoon holly and foxtail palm trees. The applicant is requesting a reduction to the required foundation landscaping facing South Missouri Avenue from five feet wide to zero feet. This reduction is only in front of Buildings A and C. Due to the location of doors on the front of these buildings, provision of the foundation landscaping is not possible or would produce an inadequate area to provide meaningful landscaping. The provision of the 15 -foot wide front perimeter buffer will provide significant visual improvement to the property. Due to the limited area in front of Building C, it is anticipated that there will only be sufficient area for one row of vehicles to be displayed. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 7 of 13 Comprehensive Landscape Program: Pursuant to Section 3- 1202.G of the Community Development Code, the landscaping requirements contained within the Code can be waived or modified if the application contains a Comprehensive Landscape Program satisfying certain criteria. The following table depicts the consistency of the development proposal with those criteria: ' See Analysis for discussion of consistency /inconsistency. As expressed above, the proposed Comprehensive Landscape Program has been found to be consistent with all applicable criteria. The proposal will visually enhance views of the site both by the traveling public, patrons and the surrounding primarily commercial neighborhood. Further, with additional plantings of landscape material acceptable to the Planning Department, the landscape treatment proposed in the comprehensive landscape program will be demonstrably more attractive than landscaping otherwise permitted under the minimum landscape standards. The proposed landscape treatment will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. Solid Waste: The development proposal includes the construction of a dumpster enclosure meeting Code requirements on the north side of the property at the rear of the parking /vehicle sales /display area adjacent to the commercial property to the north. This location will permit the trash truck adequate ingress /egress and turning movements on -site. Section 3- 201.D.1 requires the enclosure to be of materials and colors consistent with those used with the proposed building. The proposed solid waste facility has been found to be acceptable by the City's Solid Waste Department. Signnage: The proposal includes the removal of Sign B east of Building A and Sign A east of Building B. Permits for Signs A and B could not be found and it was noted in the letter of violations of November 2003 that these signs were altered also without permits. Due to the property width of this site, more than one freestanding sign could be appropriate. However, the proposal is to only construct one monument sign in front of Building A for this site. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 8 of 13 Consistent Inconsistent 1. Architectural theme: a. The landscaping in a comprehensive landscape program shall be designed as a N/A N/A part of the architectural theme of the principle buildings proposed or developed on the parcel proposed for development; or b. The design, character, location and /or materials of the landscape treatment X1 proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting: Any lighting proposed as a part of a comprehensive landscape program is N/A N/A automatically controlled so that the lighting is turned off when the business is closed. 3. Community character: The landscape treatment proposed in the comprehensive X1 landscape program will enhance the community character of the City of Clearwater. 4. Property values: The landscape treatment proposed in the comprehensive landscape X1 program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan: The landscape treatment proposed in the N/A N/A comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. ' See Analysis for discussion of consistency /inconsistency. As expressed above, the proposed Comprehensive Landscape Program has been found to be consistent with all applicable criteria. The proposal will visually enhance views of the site both by the traveling public, patrons and the surrounding primarily commercial neighborhood. Further, with additional plantings of landscape material acceptable to the Planning Department, the landscape treatment proposed in the comprehensive landscape program will be demonstrably more attractive than landscaping otherwise permitted under the minimum landscape standards. The proposed landscape treatment will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. Solid Waste: The development proposal includes the construction of a dumpster enclosure meeting Code requirements on the north side of the property at the rear of the parking /vehicle sales /display area adjacent to the commercial property to the north. This location will permit the trash truck adequate ingress /egress and turning movements on -site. Section 3- 201.D.1 requires the enclosure to be of materials and colors consistent with those used with the proposed building. The proposed solid waste facility has been found to be acceptable by the City's Solid Waste Department. Signnage: The proposal includes the removal of Sign B east of Building A and Sign A east of Building B. Permits for Signs A and B could not be found and it was noted in the letter of violations of November 2003 that these signs were altered also without permits. Due to the property width of this site, more than one freestanding sign could be appropriate. However, the proposal is to only construct one monument sign in front of Building A for this site. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 8 of 13 0 0 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards and criteria as per Section 2 -701.1 and Table 2 -704 of the Community Development Code: See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 9 of 13 Standard Proposed Consistent Inconsistent F.A.R. 0.55 0.067 X I.S.R. 0.95 0.664 X Lot Area .10,000 - 40,000 square feet 74,145 square feet X Lot Width 100 — 200 feet 464 feet X Setbacks Front: 15 - 25 feet 15 feet (to pavement); 13.7 feet (to existing building) X1 Side: 10 feet 3.9 feet (to pavement) X1 Rear: 10 — 20 feet 3.5 feet (to pavement and existing buildin X1 Height 25 feet Building A — 12 feet Building B — 10 feet Building C — 10 feet X Off - Street Parking Vehicle sales /display — 2.5 spaces per 1,000 sq ft of display area (35 spaces required) 10 parking spaces X] See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2006 -02006 — Page 9 of 13 0 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2 -704.0 of the Community Development Code (Comprehensive Infill Redevelopment Project): I See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2006 -02006 —Page 10 of 13 Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X1 the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X' the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X development 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street X1 parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; ❑ Building stepbacks; and ❑ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. I See Analysis for discussion of consistency /inconsistency. Community Development Board — July 17, 2007 FLD2006 -02006 —Page 10 of 13 0 . 0 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X1 coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X1 adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X1 5. The proposed development is consistent with the community character of the X immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. I See Analysis for discussion of consistency /inconsistency. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of June 7, 2007, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 2.31 total acres is located on the west side of South Missouri Avenue, south of Bellevue Boulevard and 200 feet north of Woodlawn Street; 2. That the overall lot is "L" shaped and has 464 feet of frontage along South Missouri Avenue and the northern leg of the property extends approximately 496 feet deep from South Missouri Avenue; 3. That the majority of the site is zoned Commercial District (1.70 acres), with the Commercial zoning extending 297.6 feet deep from South Missouri Avenue along the north property line; 4. That the westernmost 1.99.23 feet along the northern property line (0.61 acre) is zoned Low Medium Density Residential (LMDR) District; 5. That vehicle sales and display previously occurred over the entire property, however, portions of the property had not been properly authorized through appropriate City approvals for such use; 6. That a prior proposal to develop the entire area, including that portion zoned LMDR District, with a vehicle sales establishment was reviewed by the CDB on September 20, October 18 and December 20, 2005 (Case No. FLD2003= 08039). Case No. FLD2003 -08039 was withdrawn by the applicant at the December 20, 2005, CDB meeting; 7. That the development proposal is to permit vehicle sales /display in the Commercial District only, similar to the prior application; 8. That, while the overall property includes 0.61 acres in the northwest portion of the site zoned LMDR District, the applicant is not proposing any parking lot nor other improvement related to vehicle sales /display except a portion of the required retention pond; 9. That the expansion of this vehicle sales /display use is appropriate, so long as reasonable Code provisions are met and the relationship of improvements are compatible and consistent with the surrounding area and in general to similar uses elsewhere in the City; 10. That the proposal includes removing the carport structure south of Building A and the removal of a carport structure south and west of Building C; Community Development Board — July 17, 2007 FLD2006 -02006 —Page 11 of 13 0 0 11. That a building addition was constructed to the rear of Building A (automotive repair building) by the prior owner without the benefit of a building permit and will require an after- the -fact building permit to be obtained in a timely manner; 12. That, different than the prior application, this applicant is complying with the 15 -foot setback/landscape buffer for the entire frontage (except due to the location of Building B at 13.7 feet, in compliance with Code provisions; 13. That, while setback reductions are requested on various areas of the site, the width of these areas is acceptable so long as the landscaping is upgraded to comply with Code provisions; 14. That the proposal reduces the number of driveways from seven to four; 15. That the applicant proposes a reduction in parking from 35 spaces to 10 spaces, which is justified given the type and operation of the use; 16. That the proposed landscaping, especially along South Missouri Avenue, will be a significant enhancement for this corridor due to the amount of frontage of this property along South Missouri Avenue; and 17. That there are current outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is inconsistent with the Standards as per Table 2 -704 of the Community Development Code; 2. That the development proposal is inconsistent with the Flexibility criteria as per Section 2 -704.0 of the Community Development Code; 3. That the development proposal is inconsistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is inconsistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of the Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. with the following conditions: Conditions of Approval: 1. That a Declaration of Unity of Title for all parcels be recorded in the public records prior to the issuance of any permits; 2. That outdoor vehicle display be confined to those areas identified on the approved site plan, not encroach into any customer or employee parking space, drive aisles or landscaped area and display areas be outlined with paint on the pavement surface prior to the issuance of a Certificate of Community Development Board — July 17, 2007 FLD2006 -02006 — Page 12 of 13 Completion. It shall be the applicant's obligation to maintain the display painted outlines on the parking surface; 3. That the use of outdoor phone ringer or pager systems be prohibited; 4. That the on- loading or off - loading of vehicles from any transport vehicle occur on -site and not within any abutting right -of -way; 5. That the applicant submit for permits to construct /reconstruct all site improvements (all non - buildings) by October 17, 2007; 6. That, prior to the issuance of any permits, the site and landscape plans be amended to reflect the 10 parking spaces for customers and employees reflected in the parking reduction request and to improve landscape buffers and interior landscape areas to meet Code requirements, acceptable to the Planning Department; 7. That the carport structures south of Building A and south and west of Building C be removed by October 17, 2007. Demolition permits shall be obtained from the City; 8. That Building C be used for storage only for the used car dealership and the applicant submit for all after - the -fact building permits for the remodeling of Building C, including the installation of overhead doors on the east and west facades, by October 17, 2007; 9. That the applicant submit for an after - the -fact building permit for the addition to the rear of Building A by October 17, 2007; 10. That the two existing freestanding signs be removed and replaced with new freestanding signage, which shall be monument -style sign a maximum six feet in height, designed to match the exterior materials and color of the building. Any attached signage shall meet Code requirements; 11. That the applicant submit for after - the -fact electrical permits for the outdoor lighting along South Missouri Avenue by October 17, 2007; and 12. That, prior to the issuance of the Certificate of Completion for the site improvements, the existing overhead utility lines be placed underground through appropriate permits. Prepared by Planning Department Staff. Wayne M. lls, AICP, Planner III ATTACHMENTS: ❑ Location Map ❑ Aerial Map ❑ Zoning Map ❑ Existing Surrounding Uses Map ❑ Photographs of Site and Vicinity S: (Planning DepartmentIC D BIFLEX (FLD) (Pending cases)Up for the next CDBIMissouri S 1460 -1480 TW of Pinellas County (C + LMDR) - 7.17.07 CDB - WWIMissouri S 1460 -1480 Staff Report 7.17.07 CDB.doc Community Development Board — July 17, 2007 FLD2006 -02006 — Page 13 of 13 • y „ w MAGNOLIA DR y0'' F MAGNOLIA OR Y ❑ � S w GN�OIIa f �y� PATH I LOTUS PATH ; LOTUS PATH IpiUSPar H ❑ Pal JEFFORDS ST JEFFORDS ST GRAND CENTRAL BARRY �K�+ ST BARRY ST BARRY ❑i� DUD a .. ¢ SD(u� TUSCOIA ST ' PINELLAS 2 3 Raiea' y tt 'OFF ❑ MILTON O ST TUSKAWILLA' ST -. � � z m ELL A 'ST _ C.R. 188 LAKEVIEW RD NORMANDY PARK DR 'r LAKEVIEW SOUTH O --j A7BUMA EASY � d E:;! , ST PROJECT a t�v:x GE KING ST S Y i a 0 SITE _ i IME ... ° LIME McL ENNaH O ST .QUEEN ST 'P Li '.ITTENIPI'E��' ay QUEEN GTRU g'"�cz >> >>� WILDVJOOO PAVE - BLVD. P� aner O m CI)IiU W S & ST..'`�"''`V Hank BELLEE - BLVD rtv'� L9.10 w aAT `h WAY �. _ arrum i - O BBB i��.�krur"'. ww� Wmwa aSEtieREFZE' -, ST=; 4i ,g a _A Y SE/'BR WOODLAWN ST OI.. ".. ST 2� "t`;rzx»,-s�i§.✓` . � ' i a� F.- NURSERY Rp Cx .R .,. .. - _. HOWARD OO[ BRYANT�a bul MN�a 5T. Z O_ OR .TM,,a ° Hawem O ¢'j ICu HOWARD U> n ag m �W ��>7 S MM iiON Bi � � "� -'.•o. .cTt S ` 2 z x . .. A+%y�.s` ` IN ".... i SOl1fHRIDGE DR WYaiT� $7^�',a„ PONCE"-`aDE LEON Sy BLVD, s �-� - i s HESTEFf1EL0 MBRIUGE�' Location Map Owner: TMJ of Pinellas County, Inc.-. case: FILD2007702006 Site: 1460, 1470 and 1480 S. Missouri Ave: Property. Size(Acres): 2.31 .. - � - 22%29/15/22968/000 /0110 PIN:` 22/29/15/22968 /000/0120 22/29/15/22968/000 /0131 22/29/15/99684/000 /0070 Atlas Page:. 314A -. 0 0 Owner: Site Aerial Map TMJ of Pinellas County, Inc. 1460, 1470 and 1480 S. Missouri Ave. Case: F L D2007 -0200 5 Propert\- 2.31 j Size (A, -res): 22/29/15/22968/OOOr0110 22/29/15/22968/OOOr0120 PIN: 22/29/15/22968/000r0131 22/29/15/99684/OOOr0070 Atlas F cg = : 314A 0 0 14111 1-- - - - - -' 14171 1418 - - -I _ I 140 L i a, I - - -- At 7 422 121 l -1 ^ 1! _�J `r 1 i L - -I `I I L -I I r1 I - -� r -t r--I I f - -- 1421 1430 i O�/ ? - - - -- - l 1437 I 1 I 1840 1Y41 I r 1• , 6 114b51 ; 1 -1 i 114g6 ^ I rJ t -I I I 1 1 I I I_ I I I L� I r 1- -, L____________1 1447 LL �- __J ro N� -1 �I 1451 1440 1 -- 144 1�5 -�� t t i i I r - -1 � 144 r -7458 114551 l_ 1-11458 I'44 -I j L 1146 r�L, 1 - -� j I 145` -11 1 1464 i 1- -,� i itdljl I, -�46 I Ir 4 J 1467 V i -'1466 L L_i 147b I I ��- �� �•> 145 1 -14 1 7�, __ I 1Fill .i t-"+47 r -- S I 1 1476 T478 1477 < _ 1b79 I I 1 I__I 147Th L L 148lt 1,48E r114� 158,1 11$8 14!73 1' 1 _t I I 14� 1477 _J t--0f7 1- `-MBL 1483.) i_i L I I L_I ` -1 'I 14715 L__ 1 1484 �1m! 1 1 1481 d; _ '.� - 1 � 148 114871 r I L 1-4,466 -t j 1486 L r -I i I., _ I L, 1 IL 14 I 1488 1489 I I I I__� I �_ I -- aq9 -J L r=; - lT491Ir 1 1X88 I L I -7#92 90 i� -1 _J =J -J 1493 1493 r- �r I I 92 11'; 1 82 _ i 14f1 --4494 1 -I _ r1 -� ! __ -_ 6 r1 1 I 1 +--�J L_i 150 •� R 1� - -,I r - -_5 p I- L- IN] I I I t r -1 I I 1�5p4 11303 1150$ L_J r —, I L1 9 I I_ _I j l I I 150 I 151 L - -,I � _I 1 1 I [ L �I I _ I J 151 j 1 1509 rao8 a5rry ` Zoning Map Owner: TMJ of Pinellas County, Inc. Case: FLD2007 -02006 Site: 1460, 1470 and 1480 S. Missouri Ave. Property 2.31 Size (Acres) : 22/29/15/22968/000 /0110 22/29/15/22968/000 /0120 PIN: 22/29/15/22968/000 /0131 22/29/15/99684/000 /0070 Atlas Pag: 314A wellings I j i - L - - - - -- I a 4achy I ��44A I __I _�1 LS 1 l I SI r_j 1411] � -, I IT O y • 1476 1452 WOODLAWN ST Q V 1505 ... = �� - -_� et i ' W 148y ' 1081-, 1 � 1 I' PWf 1-14 I 1477 -af7 I483. I Lj_ I eh cle L] 1 - � lL Diet I Sales 1 1484 p 1740, ; 1481 _ ^ 1 I , r -I 08 1481 4871 I L �� O 1486 , L - - -- Q I_ -1 , I '_' I 1 1- j I L - -,I I ! -I ' , I �V Ilin $` , I__ 1`�9 r7508 �50� I I 1 F-1 I I L ' 1488 �► 1489 Z I I 1 1 J I- 1 � � i I - -149 Site: ITd971 L_ y I 1 88 40 1490 1 92 ? L y 22/29/15/22968/000 /0110 1 22/29/15/22968/000 /0120 ' PIN: _J Q 1493 L , -I _ I L' I --' et e 2 CO) _-/494 ____q��? _- y a Ce 14421 1437 1447 1^ 1`' - ll. BELLEVUE BLVD 11!11 J' 47h ,4715 ; I ch 4x� llin _ 1481 I I I Z � N- 1452 WOODLAWN ST Q V 1505 ... WN Ices I , Iml r -346 ^ - - - -I IJ r W ces ;_j' UA I , r I _ -lase L, , , I I ces f 4; 1477 -af7 e Lj_ I eh cle 1 - � lL Diet I Sales 1 pta'che 14304 'n s L� y 11!11 J' 47h ,4715 ; I ch 4x� llin _ 1481 I I I Z � N- v� WOODLAWN ST Q V 1505 ... Retail 1500 Wj 1501 Ir - -�, i '-� W I - -12p I ,^.,� .� -fry -7 ^ - - - -I I-1- 2_ �_� 1' - Def ched ; D to jh e Ial�s s �_ti,•�r 14304 L� y 1 I , r -I 08 '685 -, Ch Ifi I , dive I__ , I__ ' I J , I I 1509 1511 1513 I L - -,I I ! -I ' , I �V Ilin $` , I__ 1`�9 r7508 �50� I I 1 F-1 I I I I f - -� I I I Existing Surrounding Uses Map Owner: TMJ of Pinellas County, Inc. Case: FLD2007 -02006 Site: 1460, 1470 and 1480 S. Missouri Ave. Property 2.31 Size (Acres) : 22/29/15/22968/000 /0110 22/29/15/22968/000 /0120 PIN: 22/29/15/22968/000 /0131 22/29/15/99684/000 /0070 Atlas Page: 314A View looking south from northern end of subject property on west side of S. Missouri Ave. View looking south along east side of subject View looking west at northern portion of subject property from north side of Building A 1460 —1480 South Missouri Avenue FLD2007-02006 721L View looking southwest at north side of Building A View looking south at north side of Building B Page I of 3 TO View looking south along east side of subject View looking west at northern portion of subject property from north side of Building A 1460 —1480 South Missouri Avenue FLD2007-02006 721L View looking southwest at north side of Building A View looking south at north side of Building B Page I of 3 view tooxmg northwest at south sine of twilamg View looking west at east side of Building C and area to the south property line View looking west at area between Buildings B anc C (detached dwellings to the west in background) 1460 —1480 South Missouri Avenue south of Building A S. Missouri Ave. from south property line FLD2007 -02006 Page 2 of 3 k1 t. 1 as View looking NW at retail sales to the north of subject property on west side of S. Missouri Ave. View looking SE from north property line at development across S. Missouri Ave. View looking south along S. Missouri Ave. at development to the south of subject property 1460 —1480 South Missouri Avenue FLD2007 -02006 View looking NE from south property line at development across S. Missouri Ave. Page 3 of 3 Conditions Associated With FLD2007 -02006 1460 S MISSOURI AVE Landscape Wayne Wells, AICP 727- 562 -4504 06/05/2007 7/10/07 - WW Not Met Include as a condition of approval. 6/5/07 - WW Sheet 2/2 - All (or most) existing landscaping in western buffer adjacent to single family dwellings and Tom Chapman's property (west of Buildings B and C), as well as along south property line south of Building C, has been removed or is nonexistent. Plant in accordance with Code with two accent trees for each 35 feet (accent trees suggested due to overhead utility lines), shrubs and groundcover. Traffic Eng Condition Bennett Elbo 562 -4775 05/16/2007 Proposal requires two handicap parking spaces. Add one more. 6/19/07 - DSR - NOT MET - SITE PLAN SHOWS 26 PARKING SPACES. PER COMMUNITY DEVELOPMENT CODE SECTION 3 -1409 TWO HANDICAP SPACES ARE REQUIRED. 2. Applicant's narrative describes eliminating one driveway from seven driveways down to six driveways. The site plan shows only four driveways, this needs to be corrected. 6/19/07 - MET 3. Where the truck exits, convert this two way driveway into an oneway egress driveway. 6/19/07 - CONFLICTING PARKING SPACES ELIMINATED. TWO -WAY DRIVEWAY ACCEPTABLE. 4. Add do not enter signs where needed per current M.U.T.C.D. standards.. 6/19/07 - MET All of the above to be addressed prior to a Community Development Board (CDB).hearing. General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Zoning Condition Wayne Wells, AICP 727 - 562 -4504 Not Met 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That the carport structures south of Building A and south and west of Building C be removed by October 17, 2007. Demolition permits shall be obtained from the City; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That outdoor vehicle display be confined to those areas identified on the approved site plan, not encroach into any customer or employee parking space, drive aisles or landscaped area and display areas be outlined with paint on the pavement surface prior to the issuance of a Certificate of Completion. It shall be the applicant's obligation to maintain the display painted outlines on the parking surface; 05/14/2007 Has the submitted Bill of Sale been recorded yet with the Clerk of the Court? Property Appraiser Not Met is still showing the old owners. 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That the use of outdoor phone ringer or pager systems be prohibited; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That a Unity of Title for all parcels be recorded in the public records prior to the issuance of any, Print Date: 07/11/2007 Page 1 of 3 CaseConditons • 1 0 FLD2007 -02006 1460 S MISSOURI AVE Zoning Condition Wayne Wells, AICP 727- 562 -4504 permits; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That Building C be used for storage only for the used car dealership and the applicant submit for all after - the -fact building permits for the remodeling of Building C, including the installation of overhead doors on the east and west facades, by October 17, 2007; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That the applicant submit for an after - the -fact building permit for the addition to the rear of Building A by October 17, 2007; 05/31/2007 7/10/07 & 5/31/07 WW Not Met Potential condition of approval: That the applicant submit for permits to construct/reconstruct all site improvements (all non - buildings) by October 17, 2007; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That the on- loading or off - loading of vehicles from any transport vehicle occur on -site and not within any abutting right -of -way; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That the two existing freestanding signs be removed and replaced with new freestanding signage, which shall be monument -style sign a maximum six feet in height, designed to match the exterior materials and color of the building. Any attached signage shall meet Code requirements; 05/31/2007 7/10/07 & 5/31/07 - WW Not Met Potential condition of approval: That the applicant submit for after - the -fact electrical permits for the outdoor lighting along South Missouri Avenue by October 17, 2007; 06/05/2007 7/10/07 & 6/5/07 - WW Not Met Revise Sheet 1/2 - General Notes #2 - The west portion of the northern area is zoned Low Medium Density Residential (LMDR) with Residential Urban (RU) land use. Add to the Commerial (C) zoning and CG land use. 06/05/2007 7/10/07 & 6/5/07 - WW Not Met I understand Mr. Juhl is working with Tom Chapman to provide access to his business through the property. Since there is an existing easement that traverses the proposed parking spaces and landscape islands, it would seem appropriate to redefine the easement to the path indicated. Therefore, the following condition of approval will be suggested: Prior to the issuance of the Certificate of Completion on the site improvements, a revised ingress /egress easement for the property owned by Chapman Warehouses Inc. be recorded in the public records with a copy of the recorded easement provided to the Planning Department; 06/05/2007 7/10/07 & 6/5/07 - WW Not Met Regarding the potential condition of approval for the Unity of Title, it is further recommended to place all property under one parcel number, if appropriate from a taxation standpoint, and is do -able by the Pinellas County Property Appraiser. 06/05/2007 7/10/07 - WW Not Met Include as a condition of approval. 6/5/07 - WW Site lighting along S. Missouri Avenue has been installed by Progress Energy along the front property line (north of Building B) and adjacent to sidewalk (south of Building B), which is 10 feet CaseConditons Print Date: 07/11/2007 Page 2 of 3 0 . 0 FLD2007 -02006 1460 S MISSOURI AVE Zoning Condition Wayne Wells, AICP 727 - 562 -4504 east of the property line. Recommend relocating to be adjacent to the vehicle display areas so that the lighting actually lights up the vehicles and not just the landscaping. The lights along S. Missouri Avenue are very nice from the standpoint the fixtures are parallel horizontally with the ground. Additionally, there are other site lighting where the lights are not parallel horizontally with the ground, but are mounted at an angle, allowing the "flooding" of the area with lighting contrary to Code requirements. Revise. CaseConditons Print Date: 07/11/2007 Page 3 of 3 Wells, Wayne From: Albee, Rick Sent: Monday, June 25, 2007 1:41 PM To: Elliott, Gayle; DRC Members Subject: RE: Resubmittal for the CDB Meeting on Tuesday, July 17, 2007 300 Belcher- Conditions met. 808 Ewing -No Issues. 699 Bay Esplanade- Updated conditions to be met at building permit. 69 Bay Esplanade- Updated conditions to be met at building permit. 500 Mandalay- No Issues. 1460 Missouri -No Issues. 200 Skiff Point -No Issues. - - - -- Original Message---- - From: Elliott, Gayle Sent: Monday, June 18, 2007 4:30 PM To: DRC Members Subject: Resubmittal for the CDB Meeting on Tuesday, July 17, 2007 Importance: High DRC Members, Plans for the following cases have been resubmitted for the July 17, 2007 CDB Meeting: FLD2007 -05014 - 300 S Belcher - Planner - Wayne Wells FLD2007 -03010 - 808 Ewing Ave - Planner - Robert Tefft FLD2007 -03007 - 699 Bay Esplanade - Planner - Scott Kurleman FLD2007 -02003 - 69 Bay Esplanade - Planner - Wayne Wells DVA2007 -00002 - 500 Mandalay Ave - Planner - Wayne Wells FLD2007 -02006 - 1460 S Missouri Ave - Planner - Wayne Wells FLD2007 -05017 - 200 Skiff Point - Planner - Wayne Wells I Have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members) Please review your comments /conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met' or still "not met," please affirm to me via email. Please have these cases reviewed by Thursday June 21, 2007 by 4PM. Thank you, Gayle R Elliott Planning Department Staff Assistant (727) 562 -4582 gayle.elliott@myclearwater.com Wells, Wayne From: Sent: To: Cc: Subject: Wayne, Approval condition: • Rice, Scott Tuesday, June 19, 2007 10:41 AM Wells, Wayne Elliott, Gayle; Watkins, Sherry FLD2007 -02006 - 1460 Missouri • Prior to building permit, provide one additional handicap parking space in accordance with Community Development Code Section 3- 1409.. Thanks, D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562 -4781 0 Wells, Wayne • From: Elliott, Gayle Sent: Monday, June 18, 2007 4:30 PM To: DRC Members Subject: Resubmittal for the CDB Meeting on Tuesday, July 17, 2007 Importance: High DRC Members, Plans for the following cases have been resubmitted for the July 17, 2007 CDB Meeting: FLD2007 -05014 - 300 S Belcher - Planner - Wayne Wells FLD2007 -03010 - 808 Ewing Ave - Planner - Robert Tefft FLD2007- 03007- 699 Bay Esplanade - Planner - Scott Kurleman FLD2007 -02003 - 69 Bay Esplanade - Planner - Wayne Wells DVA2007 -00002 - 500 Mandalay Ave - Planner - Wayne Wells FLD2007 -02006 - 1460 S Missouri Ave - Planner - Wayne Wells FLD2007 -05017 - 200 Skiff Point - Planner - Wayne Wells I Have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (Please do not take it or any of the other copies as they are needed for the CDB members) Please review your comments /conditions for this cases in Permit Plan and determine if they are met. Whether the conditions are "met' or still "not met," please affirm to me via email. Please have these cases reviewed by Thursday June 21, 2007 by 4PM. Thank you, Gayle R Elliott Planning Department Staff Assistant (727) 562 -4582 gayle.elliott@myclearwater.com I. 1:40 pm Case Number: FLD2007 02006 1460 S MISSOURI AVE Owner(s): Kp 23 Llc 070 O Po Box 2857 97 Clearwater, F133757 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Owner(s): Tmj Of Pinellas County, Inc. 1335 S. Ft. Harrison Avenue Clearwater, F133756 TELEPHONE: 727 - 612 -1131, FAX: No Fax, E -MAIL: No Email Applicant Tmj Of Pinellas County, Inc. 1335 S. Ft. Harrison Avenue Clearwater, F133756 TELEPHONE: 727 - 612 -1131, FAX: No Fax, E -MAIL: No Email Representative: Keith Zayac 701 Enterprise Road Safety Harbor, F134695 TELEPHONE: (727) 793 -9888, FAX: (727) 793 -9855, E -MAIL: keith @keithzayac.com Location: 2.31 acres located on the west side of South Missouri Avenue, south of Bellevue Boulevard and 200 feet north of Woodlawn Street. Atlas Page: 314A Zoning District: C, Commercial Request: Flexible Development approval (1) to permit vehicle sales /display in the Commercial District with reductions to the front (east)setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), reductions to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building), a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet and a reduction to reduce the interior landscape area from 10 percent to xx percent of the vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Proposed Use: Vehicle sales /displays Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33758 P O Box 8204 TELEPHONE: No Phone, FAX: No Fax, E -MAIL: No Email Neighborhood South Clearwater Citizens For Progr Association(s): Clearwater, F133756 1120 Kingsley St. TELEPHONE: No Phone, FAX: No Fax, E -MAIL: duketieman @aol.com Presenter: Wayne Wells, Planner III Attendees Included: City: Wayne Wells, Neil Thompson, Scott Rice, Steve Doherty, Lenny Rickert, Rick Albee, Tom Glenn Applicant: Keith Zayac, Ted Juhl The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, June 7, 2007 - Page 39 1 . Prior to building p0 t: • 1. Applicant shall provide a copy of an approved FDOT right -of -way permit for work along Missouri Avenue. 2. Applicant shall arrange to have sewer line passing under retention area video taped to determine current condition of sewer pipe. If pipe in in poor condition a city- approved pipe liner may need to be installed prior to construction of the retention area. After construction of retention area a second video tape shall be made to determine no damage to the sewer pipe has occcured. Applicant shall be responsible for all repair costs incurred should pipe be damaged during construction. Prior to issuance of a Certificate of Completion: 1. Applicant shall deed to the City of Clearwater a 5 -foot utility easement on the east side of an existing 5 -foot utility easement over the sanitary sewer line located in the proposed retention area. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: No Issues. Fire: 1 . Must meet NFPA 30A -2000 edition code for motor fuel dispensing facilities and REPAIR garages, an approved floor drain and oil seperator with proper floor assemblies Acknowledge PRIOR to CDB 2. Show location of fire hydrant SHALL be within 300 feet of building and on the same side of the street. Acknowledge PRIOR to CDB Harbor Master: 1 . No issues. Legal: I . No issues. Land Resources: 1 _ no issues Landscaping: 1 . Sheet 1/2 - Required interior landscaping is only 10% of the vehicular use area (revise Site Data Table #I). 2. Sheet 1/2 - Cannot double count required perimeter landscape buffers and required interior landscape area. Plan indicates portions of the front buffer (15 -feet) along S. Missouri Avenue and the side buffer (five feet) northwest of Building A along the south property line of the northern portion of the site to be shaded as interior landscape area. Revise and recalculate. 3 . Sheet 1/2 - Dimension the width of interior and terminal landscape islands. 4. Sheet 1/2 - Install wheel stops for all parking spaces abutting landscaping. 5 . Sheet 2/2 - All (or most) existing landscaping in western buffer adjacent to single family dwellings and Tom Chapman's property (west of Buildings B and C), as well as along south property line south of Building C, has been removed or is nonexistent. Plant in accordance with Code with two accent trees for each 35 feet (accent trees suggested due to overhead utility lines), shrubs and groundcover. 6. Sheet 2/2 - Don't plant holly under drip line of existing oak at southwest corner of retention pond. Relocate. 7. Sheet 2/2 - Interior landscape areas must be planted with one tree minimum (one for each 150 square feet of required greenspace) and groundcover (in lieu of turf). 8. Sheet 2/2 - Perimeter buffer along S. Missouri Avenue does not meet Code requirements (one shade tree per 35 feet [two accent trees = one shade tree; three palms = one shade tree]; otherwise 100 percent shrubs). Preferred is a tiered landscape design with the higher shrubs on the west tiering down toward the front property line. Note: Design the landscaping to work with site lighting and signage so the tree canopy (at time of planting or mature) does not block the lighting or signs (same is true for shrubs). 9. Need to provide interior landscaping of 10 percent of the vehicular use area. Otherwise, a reduction must be requested as part of the application (with appropriate justification). Development Review Agenda - Thursday, June 7, 2007 - Page 40 Parks and Recreation: • No issues - reduction in setbacks, removal of carport, new sign, reduction in building footprint. Stormwater: 1 . The following shall be addressed prior to Community Development Board (CDB). 1.Provide a complete drainage report, which shall include the following data: Drainage calculations, soil report, double ring infiltrometer test at the pond, seasonal high water table and drawdown table demonstrating compliance with 24 -hour requirement. (Please note that the reason for this request being made prior to CDB is the fact that the design is for a stormwater pond that does not have a positive pipe outfall. This design creates a pond that has the potential to overflow into living residences) As there is an existing storm system in the Missouri Ave. roadway, it is strongly encouraged that the site Engineer take advantage of it's availability. An outfall pipe tied into the Missouri Ave. storm system would require meeting drainage requirements at the building permit stage and not prior to CDB for all 4 of these drainage comments. 2. Show on grading plan the areas that do and do not contribute runoff to the retention pond. 3. Provide a topographic survey with 50 -feet of adjacent topography from the property lines and right(s) -of -way, including finished floor elevation of the adjacent properties. Survey shall be in NAVD 88 datum, and grading note shall include survey datum used in the design. 4. Existing site data is not legible, please change the line type to avoid this problem. The following shall be addressed prior to issuance of building permit. 6. Provide a copy of the approved SWFWMD permit or exemption letter. Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Solid Waste: 1 . That dumpster service be arranged with the Solid Waste Department prior to the issuance of an occupational license or certificate of occupancy. Please contact Tom Glenn - 727 -562 -4930 Traffic Engineering: 1 . Proposal requires two handicap parking spaces. Add one more. 2. Applicant's narrative describes eliminating one driveway from seven driveways down to six driveways. The site plan shows only four driveways, this needs to be corrected. 3. Where the truck exits, convert this two way driveway into an oneway egress driveway. 4. Add do not enter signs where needed per current M.U.T.C.D. standards. Planning: All of the above to be addressed prior to a Community Development Board (CDB) hearing. General Note(s): 1) Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). 2) DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Development Review Agenda - Thursday, June 7, 2007 - Page 41 In my opinion, based on my experience, the parking adjacent to the north side of Building A, the spaces on the west side of the northern vehicle display area and the four spaces in front of Building A could be converted to additional vehicle display or eliminated all together. The one parking space in the interior island in, and practically bisects, the northern vehicle display area is the first space I would eliminate. 16. Revise Sheet 1/2 - General Notes #2 - The west portion of the northern area is zoned Low Medium Density Residential (LMDR) with Residential Urban (RU) land use. Add to the Commerial (C) zoning and CG land use. Development Review Agenda - Thursday, June 7, 2007 - Page 42 0 1 . Potential condition �' approval: That the carport structures south of Building A and south and west of Building C be removed by October 17, 2007. Demolition permits shall be obtained from the City; 2. Potential condition of approval: That outdoor vehicle display be confined to those areas identified on the approved site plan, not encroach into any customer or employee parking space, drive aisles or landscaped area and display areas be outlined with paint on the pavement surface prior to the issuance of a Certificate of Completion. It shall be the applicant's obligation to maintain the display painted outlines on the parking surface; 3 . Application must clearly note the Parcel Numbers that are part of the submittal (Page 1 of the application is preferred): 22/29/15/22968/000 /0120; 22/29/15/22968/000 /0110; 22/29/15/22968/000 /0131; and 22/29/15/99684/000 /0070. Revise also General Notes #2 on Sheet 1/2. 4. Has the submitted Bill of Sale been recorded yet with the Clerk of the Court? Property Appraiser is still showing the old owners. 5 . Owner must sign Affidavit to Authorize Agent (not the agent). 6. Potential condition of approval: That the use of outdoor phone ringer or pager systems be prohibited; 7. Potential condition of approval: That a Unity of Title for all parcels be recorded in the public records prior to the issuance of any permits; 8 . Potential condition of approval: That Building C be used for storage only for the used car dealership and the applicant submit for all after - the -fact building permits for the remodeling of Building C, including the installation of overhead doors on the east and west facades, by October 17, 2007; 9. Potential condition of approval: That the applicant submit for an after -the -fact building permit for the addition to the rear of Building A by October 17, 2007; 10. Potential condition of approval: That the applicant submit for permits to construct/reconstruct all site improvements (all non - buildings) by October 17, 2007; 11 . Potential condition of approval: That the on- loading or off - loading of vehicles from any transport vehicle occur on -site and not within any abutting right -of -way; 12. Potential condition of approval: That the two existing freestanding signs be removed and replaced with new freestanding signage, which shall be monument -style sign a maximum six feet in height, designed to match the exterior materials and color of the building. Any attached signage shall meet Code requirements; 13. Potential condition of approval: That the applicant submit for after -the -fact electrical permits for the outdoor lighting along South Missouri Avenue by October 17, 2007; 14. Sheet 1/1 - Site Data Table #G and General Note #8 - Required parking is 35 spaces. Recommend providing only the minimum required parking. 15 . The minimum required parking is based on 2.5 spaces per each 1,000 square feet of vehicle display area. It is my belief, which is exhibited with this proposal, that this Code parking requirement is still too high. The prior applicant requested a parking reduction and provided some documentation to support the reduction. I would recommend a similar parking reduction request and the provision of documentation to support the reduction request. The applicant may have first -hand knowledge of necessary parking and may have some documentation to justify such reduction. In my opinion, based on my experience, the parking adjacent to the north side of Building A, the spaces on the west side of the northern vehicle display area and the four spaces in front of Building A could be converted to additional vehicle display or eliminated all together. The one parking space in the interior island in, and practically bisects, the northern vehicle display area is the first space I would eliminate. 16. Revise Sheet 1/2 - General Notes #2 - The west portion of the northern area is zoned Low Medium Density Residential (LMDR) with Residential Urban (RU) land use. Add to the Commerial (C) zoning and CG land use. Development Review Agenda - Thursday, June 7, 2007 - Page 42 17 . I understand Mr. i is working with Tom Chapman to provide access to his business through the property. Since there is an existing easement that traverses the proposed parking spaces and landscape islands, it would seem appropriate to redefine the easement to the path indicated. Therefore, the following condition of approval will be suggested: Prior to the issuance of the Certificate of Completion on the site improvements, a revised ingress /egress easement for the property owned by Chapman Warehouses Inc. be recorded in the public records with a copy of the recorded easement provided to the Planning Department; 18. Sheets 1/2 & 2/2 - Remove the light pole on the west side of the northern portion of the overall property and the overhead power line to it. 19. Regarding the potential condition of approval for the Unity of Title, it is further recommended to place all property under one parcel number, if appropriate from a taxation standpoint, and is do -able by the Pinellas County Property Appraiser. 20. Site lighting along S. Missouri Avenue has been installed by Progress Energy along the front property line (north of Building B) and adjacent to sidewalk (south of Building B), which is 10 feet east of the property line. Recommend relocating to be adjacent to the vehicle display areas so that the lighting actually lights up the vehicles and not just the landscaping. The lights along S. Missouri Avenue are very nice from the standpoint the fixtures are parallel horizontally with the ground. Additionally, there are other site lighting where the lights are not parallel horizontally with the ground, but are mounted at an angle, allowing the "flooding" of the area with lighting contrary to Code requirements. Revise. 21 . Last page used primarily /solely for tree survey /inventory - Remove inconsistent information from that depicted on Sheets 1/2 and 2/2. Additionally, most trees along the west property line west of Buildings B and C have been removed from the site. If this is really Sheet 3, then label as such and renumber to Sheets 1/3, 2/3 and 3/3. 22 . Response to Comprehensive Landscape Program #lb (attached sheet) - Written material indicates you are seeking relief from the required buffer width along the front (east) setback. A setback reduction from 25 feet to 15 feet is requested, but the required buffer (15 feet wide) is being provided. Revise. 23 . Response to Comprehensive Landscape Program #4 - It is indicated that awnings are proposed as a visual enhancement for the buidings and site. The application material does not otherwise indicate any such awnings. If awnings are proposed, indicate on Sheet 1/2 where the awnings are to be located and provide a drawing of such (with proposed colors). 24, Response to Comprehensive Landscape Program #5 - It is indicated there are overhead utility lines along S. Missouri Avenue. My recollection is, and site inspection reveals, there are no such overhead lines. Revise. 25 . Description of Requests - Revise to that indicated by Staff. 26. Description of Requests - Paragraph 3 - The proposal eliminates three driveways, not one; from seven to four. Some of this paragraph sounds like the prior application. Update to current applicant and proposal. 27. Description of Requests - Paragraph 4 (setbacks) - Some of this paragraph sounds like the prior application. Update to current applicant and proposal. 28. Description of Requests - Paragraph 5 (parking) - This paragraph is for the prior application. Update to current applicant and proposal. Refer to other Planning comments regarding the amount of parking and potential reductions. 29. Description of Requests - Paragraph 7 (signs) - This paragraph is for the prior application. Update to current applicant and proposal. 30. Responses to Written Submittal Requirements (actually General Applicability Criteria) and Comprehensive Infill Redevelopment Project criteria - These responses are for the prior application. Update to current applicant and proposal. Update Comp. Infill criteria to current Code criteria. 31 . In lieu of building elevation drawings, update the photos submitted (old, prior application photos) Other: No Comments Notes: Development Review Agenda - Thursday, June 7, 2007 - Page 43 Wells, Wayne From: Doherty, Steve Sent: Wednesday, May 30, 2007 9:42 AM . To: DRC Members Subject: FLD2007 -02006 1460 S. Missouri Avenue FLD2007 -02006 1460 S. Missouri Avenue Two sets of plans signed on different dates by the engineer (Keith Zayac) were submitted with this application. According to Keith Zayac the most recent plans (revised 5/14/07) are the subject of the application and the other set were marked up for use as tree survey only. Stephen L. Doherty Engineering Specialist I steve.doherty @myclearwater.com (727) 562 -4773 Wells, Wayne From: McMahan, Janet. Sent: Monday, April 09, 2007 7:34 AM To: Wells, Wayne Cc: Hall, Bob; Ruud, Alan K; Wagner, James Subject: 1460 S Missouri Ave, D J Foreign Automotive • In September 2006, 1 coded OCL9004541 O/B stating the property was vacant. In December 2006, this case was reactivated and issued without State license verification. The property has been vacant for sometime. There is now a FLD case for this vacant property (FLD2007- 02006). Does the fact that the property is vacant have any barring on the FLD case? will close this case again and place a "Hold" on the parcel. There is also another OCL case located on 1478 -1480 S Missouri Ave (OCL- 0011623). This BTR was issued to the same business name, D J Foreign Automotive. This property is also vacant. I will close this case also and place .a "Hold" on the parcel. LT07 -0 -015 KP23, LLC, debt or23, LLC v F.A.K. Enterprises, 8:07 00016 -CPM :... Page 1 of 1 Wells, Wayne From: Dougall- Sides, Leslie Sent: Tuesday, March 27, 2007 1:59 PM To: Wells, Wayne Subject: RE: LT07 -0 -015 KP23, LLC, debtor, KP23, LLC v F.A.K. Enterprises, 8:07 -bk- 00016 -CPM FLD2007- 02006, 1460 - 1480 S. Missouri Avenue IblNumAttach: 0 MessageGUID: {606033CF- 13E9- 4C7F- 86E8 -C931 D27A7345} MsgHeaderlD: < 1727A5032327EE44820C01E6734E2D4F1CD697 @msb- eml- 2.clearwater- fl.com> OriginalDate: None Originator: SQL Style: KP23, LLC, debtor, KP23, LLC v F.A.K. Enterprises, 8:07 -bk- 00016 -CPM Wayne, has anything further happened with this application? FYI, we have received a proposed Settlement Agreement which contains the provisions allowing for partial payment of the Code Enforcement Lien and holding money in escrow. The Agreement is to be considered in Bankruptcy Court on April 26. - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, March 07, 2007 7:00 PM To: jimschwartz @tampabay.rr.com Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Watkins, Sherry; Dougall- Sides, Leslie Subject: LT07 -0 -015 KP23, LLC, debtor, KP23, LLC v F.A.K. Enterprises, 8:07 -bk- 00016 -CPM : FLD2007- 02006, 1460 - 1480 S. Missouri Avenue Mr. Schwartz - I have checked with both the Planning Director and the City Attorney's office today and the requirements listed in my Letter of Incompleteness must be submitted in order to become complete for further processing to the Development Review Committee and potentially the Community Development Board. Should there be something in the former case file (FLD2003- 08039) that could help you with those items necessary for this application, you are more than welcome to review the file and obtain copies of those items desired. The case file is in my office. You should contact Sherry Watkins in the Planning Department to review the prior case file and obtain copies of those items desired (562- 4582). Should you have any additional questions, feel free to contact me by email or at 562 -4504. Wayne 7/24/2007 Wells, Wayne From: Delk, Michael Sent: Wednesday, March 07, 2007 8:53 AM To: Wells, Wayne Cc: Clayton, Gina; Thompson, Neil; Akin, Pam; Hull, Dick; Ruud, Alan K Subject: RE: FLD2007- 02006, 1460 -1480 S. Missouri Avenue Wayne - I am not aware of any deals. Nor am I particularly interested in pursuing one. If they are unable to prepare, pay for, and complete their application properly, they are not in a position to move forward. We discussed this with Neil some time ago so they should already be aware of this. Beyond normal customer service assistance on our part, they must fulfill the obligation of the application and development plan process. Let me know if any questions.. Michael Delk, AICP Planning Director City of Clearwater, FL 727 - 562 -4561 myclearwater.com - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, March 07, 2007 8:14 AM To: Delk, Michael Cc: Clayton, Gina; Thompson, Neil; Akin, Pam; Hull, Dick; Ruud, Alan K Subject: FLD2007- 02006, 1460 -1480 S. Missouri Avenue Michael - The above referenced application was filed with our office on February 26, 2007, and I was assigned to be the case planner. I have reviewed this application and issued a Letter of Incompleteness (see attached). The property owner's representative, James Schwartz, contacted me late yesterday regarding the Letter of Incompleteness. A FLD application was filed August 20, 2003, but was found incomplete (FLD2003- 08039). A letter of violation sent November 3, 2003. After The FLD case was found complete, two DRC meetings and two continued CDB meetings, the application was finally withdrawn by the applicant at the December 20, 2005, CDB meeting. The property owner was found in violation by the Code Enforcement Board and fines have been accruing to in excess of $100,000. The property owner has filed for bankruptcy. Mr. Schwartz has indicated that some understandings or deals have been made in order for the property to be sold to another individual to operate a vehicle sales operation on the property and to satisfy fines /liens filed by the City. I am unaware of any such understandings or deals. The engineer of record, Keith Zayac, for the 2003 FLD case has sent a letter to me stating the submission of this current application is without his authorization, as he was never paid for the 2003 FLD application and has not signed and sealed any of the drawings submitted for this current application, as required by Code (only copies of the site plans have been submitted). Mr. Schwartz has also indicated that staff would assist in the preparation of the application through copying portions of the prior 2003 FLD application for this current application and that only copies of the 2003 FLD application materials were acceptable. He also intimated that the current application was to be approved (by the CDB) so that the buyer will complete the improvements (also putting money into an escrow account for the City to build the improvements should the buyer default). There were adjacent property owners at the CDB meetings in opposition to the 2003 FLD application. I am confused as to my role as case planner in processing the current application due to certain "understandings" or "deals" that have been made by officials with the City. Could you please advise or enlighten me? Wayne r « File: letter of incompleteness 3.5.07.pdf » z Wells, Wayne From: Dougall- Sides, Leslie Sent: Wednesday, March 07, 2007 9:28 AM To: Wells, Wayne Cc: Akin, Pam; Colon, Carlos; Hull, Dick Subject: FW: FLD2007- 02006, 1460 -1480 S. Missouri Avenue Importance: High Wayne, a proposed Order has been submitted to the Bankruptcy Court which if approved would provide payment to the City of part of the accrued code enforcement lien. In return, the property could close to the proposed buyer free of that lien. However, because the prior case FLD2003 -08039 was withdrawn by the applicant, a new application will need to be filed, as determined by Neil Thompson. This was negotiated with and has been made clear to the bankruptcy attorney. Mr. Schwartz is apparently the transactional /land use attorney, not the bankruptcy attorney. The new application will need to meet all Code requirements including appropriate sealed plans, and obtain all required approvals. There is no understanding or "deal" regarding the new application. There has never been any discussion regarding copying costs or using the previous application. I did tell the bankruptcy attorney that the City would promptly process the application as we do for all cases. I believe that Carlos Colon is now handling the bankruptcy /code enforcement aspect at this point. I will give you a call to see if you have any other questions. Leslie K. Dougall -Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562 -4010 phone (727) 562 -4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources - - - -- Original Message---- - From: Akin, Pam Sent: Wednesday, March 07, 2007 9:08 AM To: Dougall- Sides, Leslie Subject: FW: FLD2007- 02006, 1460 -1480 S. Missouri Avenue Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562 -4010 - - - -- Original Message---- - From: Wells, Wayne Sent: Wednesday, March 07, 2007 8:14 AM To: Delk, Michael Cc: Clayton, Gina; Thompson, Neil; Akin, Pam; Hull, Dick; Ruud, Alan K Subject: FLD2007- 02006, 1460 -1480 S. Missouri Avenue Michael - The above referenced application was filed with our office on February 26, 2007, and I was assigned to be the case planner. I have reviewed this application and issued a Letter of Incompleteness (settached). The property owner's representative, James Schwartz, contacted me late yesterday regarding the Letter of Incompleteness. A FLD application was filed August 20, 2003, but was found incomplete (FLD2003- 08039). A letter of violation sent November 3, 2003. After The FLD case was found complete, two DRC meetings and two continued CDB meetings, the application was finally withdrawn by the applicant at the December 20, 2005, CDB meeting. The property owner was found in violation by the Code Enforcement Board and fines have been accruing to in excess of $100,000. The property owner has filed for bankruptcy. Mr. Schwartz has indicated that some understandings or deals have been made in order for the property to be sold to another individual to operate a vehicle sales operation on the property and to satisfy fines /liens filed by the City. I am unaware of any such understandings or deals. The engineer of record, Keith Zayac, for the 2003 FLD case has sent a letter to me stating the submission of this current application is without his authorization, as he was never paid for the 2003 FLD application and has not signed and sealed any of the drawings submitted for this current application, as required by Code (only copies of the site plans have been submitted). Mr. Schwartz has also indicated that staff would assist, in the preparation of the application through copying portions of the prior.2003 FLD application for this current application and . that only copies of the 2003 FLD application materials were acceptable. He also intimated that the current application was to be approved (by the CDB) so that the buyer will complete the improvements (also putting money into an escrow account for the City to build the improvements should the buyer default). There were adjacent property owners at the CDB meetings in opposition to the 2003 FLD application. I am confused as to my role as case planner in processing the current application due to certain "understandings" or "deals" that have been made by officials with the City. Could you please advise or enlighten me? Wayne p„ letter of completeness 3.5.0, 10 1 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, March 07, 2007 8:14 AM To: Delk, Michael Cc: Clayton, Gina; Thompson, Neil; Akin, Pam; Hull, Dick; Ruud, Alan K Subject: FLD2007- 02006, 1460 -1480 S. Missouri Avenue Michael - The above referenced application was filed with our office on February 26, 2007, and I was assigned to be the case planner. I have reviewed this application and issued a Letter of Incompleteness (see attached). The property owner's representative, James Schwartz, contacted me late yesterday regarding the Letter of Incompleteness. A FLD application was filed August 20, 2003, but was found incomplete (FLD2003- 08039). A letter of violation sent November 3, 2003. After The FLD case was found complete, two DRC meetings and two continued CDB meetings, the application was finally withdrawn by the applicant at the December 20, 2005, CDB meeting. The property owner was found in violation by the Code Enforcement Board and fines have been accruing to in excess of $100,000. The property owner has filed for bankruptcy. Mr. Schwartz has indicated that some understandings or deals have been made in order for the property to be sold to another individual to operate a vehicle sales operation on the property and to satisfy fines /liens filed by the City. I am unaware of any such understandings or deals. The engineer of record, Keith Zayac, for the 2003 FLD case has sent a letter to me stating the submission of this current application is without his authorization, as he was never paid for the 2003 FLD application and has not signed and sealed any of the drawings submitted for this current application, as required by Code (only copies of the site plans have been submitted). Mr. Schwartz has also indicated that staff would assist in the preparation of the application through copying portions of the prior 2003 FLD application for this current application and that only copies of the 2003 FLD application materials were acceptable. He also intimated that the current application was to be approved (by the CDB) so that the buyer will complete the improvements (also putting money into an escrow account for the City to build the improvements should the buyer default). There were adjacent property owners at the CDB meetings in opposition to the 2003 FLD application. I am confused as to my role as case planner in processing the current application due to certain "understandings" or "deals" that have been made by officials with the City. Could you please advise or enlighten me? Wayne letter of completeness 3.5.0, _ Pif Has County Property App40 er Information: 22 29 15 22968 000 06 22 129 / 15 / 22908 / 000 1 0120 Page 2 of 5 14- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:34:07 Ownership Information Uacant Property Use and Sales K P 23 ENTERPRISES INC OBK: 13149 OPG: 1574 1460 S MISSOURI AUE CLEARWATER FL 33756 -3219 EVAC: Non -EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 258.00 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 8 /2,003 12,978/1,640 378,000 (M) U 1920: Book 005 Pgs 026- 0 /0 0/ 0 0 { ) 0000: Book Pgs - 0 /0 0/ 0 0 { ) 0000: Book Pgs - 0 /0 0/ 0 0 { ) 2006 Value EXEMPTIONS Just /Market: 217,700 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 217,700 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 217,700 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 4,738.02 1) 132 x 125 10. 00 16,500. 00 S Special Tax .00 2) 132 x 163 6.00 21, 516.00 S 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 4,738.02 6) 0 x 0 .00 .00 Without any exemptions, 2006 taxes will be 4,738.02 Short Legal DUNCAN+S, A. H. RESUB LOT 12 LESS RD ON E Description Building Information http: // 136.174.187.13 /htbin/cgi- click? o =1 &a =1 &b =1 &c =l &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 � Pilthas County Property App ' er Information: 22 29 15 22968 000 0 22 / 29 / 15 / 22908 / 000 / 0120 Page 3 of 5 14- May -2007 Jim Smith, CFA Pinellas COunty Property Appraiser 17:34:07 Vacant Parcel Property Use; 000 Land Use; 10 VacarIT E3.CTr2► F�a urns Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE; 0 Map With Property Address (non- vacant) F*_1 F_*1 T F-4r FQ R http: // 136.174.187.131htbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 PAIllas County Property Ap er Information: 22 29 15 22968 000 00 1421 DISCIN AVE ALMA 5E t�1 I �hT �s 31 WiLDWDOD ST Page 4 of 5 1421 1Sc,01 -JRI AVE 143` ISSOURI AVE I 1 V 1 (. IS ?.,,PRl JEFI 1457 I's R I JE Fr ISSanRi EF( AVE AVE 171 I 15507 JF I JET AVE 1477 MISSOURI AVE I .i t� 5Vf E I I 1� I ih ndv,%n IH aMh O 49F i 7{ C .�E 1/8 Mile Aerial Photograph (2002) http: // 136.174.187.131htbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 I Pim llas County Property Ap 0 er Infc-rnn ioc: 22 29 L5 22968 0--10 ► Page 5 of 5 P- inellas County Property Apprais -er Parcel Information http: //136. 174. 187 .131htb:r-lcgi- clict ?c.= 1 &a =1 &L -1&.c 1 &r= .16&s= 4 &t3=1&u= 0&p =2_. `/14/2007 . -Piirellas County Property AppWr Information: 22 29 15 22968 000 04) Page 2 of 5 22 1 29 / 15 l 22908 / 000 / 0110 14- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:34:26 Ownership Information Uacant Property Use and Sales K P 23 ENTERPRISES INC OBK: 12978 OPG: 1640 1460 S MISSOURI AUE CLEARWATER FL 33756 -3219 EVAC: Non -EUAC Comparable sales value as Prop Addr: 0 of Jan 1, 2006, based on Census Tract: 258.00 sales from 2004 - 2005: 85,600 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 8 /2,003 12,978/1,640 378,000 (M) U 1920: Book 005 Pgs 026- 0 /1,978 4,775/1,463 11,000 (Q) U 0000: Book Pgs - 0 /1,971 3,518/ 97 i0,500 (Q) U 0000: Book Pgs - 0 /0 0/ 0 0 { } 2006 Value EXEMPTIONS Just /Market: 83,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 83,000 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 83,000 Agricultural: 0 2006 Tax Information District: Cu Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 1,806.41 1) 132 x 200 200, 000. 00 . 61 A Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save - Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will "be : 5) 0 x 0 .00 .00 1,806.41 6) 0 x 0 .00 .00 Without any exemptions, 2006 taxes will be 1,806.41 Short Legal DUNCAN'S, A. H. RESUB LOT 11 LESS W 125FT Description Building Information http : / /136.174.187.131htbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 A_ Pifiellas County Property ApP40 er Information: 22 29 15 22968 000 00 22 / 2 / 15 / 22908 / 000 / 0110 Page 3 of 5 14- May -2007 Jim Smith, CFA Pinellas COunty Property Appraiser 17:34:27 Vacant Parcel Property Use: 000 Land Use: 00 Vacant Extra F�2►�ur�s Description Dimensions Price Units Value RCD Year 1) .00 0 0 0 0 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 0 Map With Property Address (non- vacant) F *_1 � w R* I _-.1 F +--- - ] M M http: // 136.174.187.131htbinlcgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 PiFiellas County Property Ap er Information: 22 29 15 22968 000 016 Page 4 of 5 IAIJA MIS Wv�Rl 1421 1149 jiSS IS9 MADISA UErlTUEE S BEEN I MADISON 41j' 66 F, % + AVE I436 AVE I to/ 'A 31. Vf -)N IIS1 IS7 *GmA A _P 1159 ALMA ST HARRIS 1455 VAID15ON MADISON MADISON AVE ;) 788 ST 5 LN AVE AVE 637 ALMA ST 1461 116 1 0 -0 MAI '1�% N ON _\? E MICHIGAN 146D MISSOURI L N 1139 Ll# P V E AVE Y 1441 ADISON IAA Lh,iA 11,50 A 1156 ALMA IA1 L50 A 1 1 L N 4 G_ 1471 AVE ST YA ST ST ST MADISON MA N -1 1 VW 1142 114G �&QWQ ffi-, DWOOD ST h41 47G HIG AVE WI DWW 0W ST � X- VE 4R IAIJA M I�U N E 1 A I 41j' 66 F, MADISON + AVE HARRIS 1455 VAID15ON MADISON AVE LN AVE 637 1461 116 1 ON _\? E MICHIGAN 146D MISSOURI L N I AVE AVE MA N -1 1 VW 1142 114G �&QWQ ffi-, DWOOD ST h41 47G HIG 1 P (G'A N AVE WI DWW 0W ST � X- VE SHINJTO Z ST S-T ISIB S,3 LDWOOD ICHIGN AVE 1462 AVE S7 4 86 1 C ISOURI AVE O I so mA�JVVN WILOW000 ST H IG VE V - N W 14 IINPT - 5 V, 'Q� T 0 1481 14 II S3 14 Ei 71 ICHIG EVE j EVE DI'SO D%kNO 41POYq DWO r-_ 4 qc- n n 1/8 Mile Aerial Photograph (2002) http://136.174.187.13/htbin/cgi-click?o=I&a=I&b=I&c=I&r--.I6&s=4&t3=I&u=0 &p=2... 5/14/2007 Panel -as c=ounty Property Ap er Informatzo-E 22 x 15 22968 00000 Page 5 of 5 Pinellas County Property Afipra�ser Parcel Information http :' /136.1:4.187.13/htb_2'cgi- click? o= I&E= 1 &b= l &c= 1 &r= .16 &- 4&t3 =1 &u p=2 - 5/14/2007 .. r _YP gellas County Property Ap er Information: 22 29 15 22968 000 0 Page 2 of 5 22 / 29 / 1 / 22908 / 000 / 0131 14= May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:32:50 Ownership Information Non - Residential Property Address, Use, and Sales KP 23 LLC OBK: 14469 OPG: 0491 PO BOX 2857 CLEARWATER FL 33757 -2857 EVAC: Nan -EUAC Comparable sales value as Prop Addr: 1460 S MISSOURI AUE of Jan 1, 2006, based on Census Tract: 258.00 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 4 /2,000 10,86312,589 245,000 (Q) I 1920: Book 005 Pgs 026- 7 /1,989 7,0461 339 220,000 (Q) I 0000: Book Pgs - 1211,984 5,89812,153 58,100 (U) I 0000: Book Pgs - 0 /1,975 4,27011,190 41,000 (Q) I 2006 Value EXEMPTIONS Just /Market: 320,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 320,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 320,000 Agricultural: 0 2006 Tax Information District: CW Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 6,964.48 1) 132 x 125 14. 00 16,508. 00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save - Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be 5) 0 x 0 .00 .00 6,964.48 6) 0 x 0 . 00 . 00 Without any exemptions, 2006 taxes will be 6,964.48 Short Legal DUNCAN+S, A. H. RESUB W 125FT OF E 145FT OF Description LOT 13 Building Information http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =22... 5/14/2007 Piq.ellas County Property Ap *er Information: 22 29 15 22968 000 00 Page 3 of 5 Property and Land Use Code deseritions 22 l 29 19 I 22908 1 000 I 0131 :01 14- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:32:50 Commercial Card 01 of i Improvement Type: Service Station Property Address: 1460 S MISSOURI AUE Prop Use: 343 Land Use: 27 St rust ur a1 E 1 �m�nt s Foundation Spread /Mono Footing Floor System Slab on Grade Exterior Wall Concrete Block Height Factor 14 Party Wall None Structural Frame Masonry Pillar &Steel Roof Frame Bar Joist /Rigid Fram Roof Cover Built Up /Composition Cabinet & Mill None Floor Finish Concrete Finish Interior Finish Unfinished Total Units 0 Heating & Air None Fixtures 5 Bath Tile Floor and Uall Electric Average Description Factor Shape Factor Rectangle 1) Quality Average i. 00 Year Built 1,958 Effective Age 15 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 $llb Ar+E�as C+ammeer+clal Extra Faturs Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area i. 00 2,320 7) . 00 0 2) Canopy .20 520 8) .00 0 3) Sales Service Area 1.50 560 9) .00 0 4) 0 .00 0 10) .00 0 5) 6) .00 0 11) .00 0 6) .00 0 12) .00 0 C+ammeer+clal Extra Faturs Description Dimensions Price Units Value RCD Year 1) CONC PAVE 8596SF 4.00 8,596 34,380 34,380 1,958 2) FENCE PUC 16.00 132 2,110 1,940 2,003 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 36,320 Map With Property Address (non- vacant) 1:1011101 http: // 136 .174.187.131htbinlcgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =22... 5/14/2007 Pinellas County Property Aper Information: 22 29 15 22968 000 0 I AVE % ST 0 ti4 l hJ �1 131D O ST LLJ D z xd AVE Page 4 of 5 01,S UPI , ,JEFRSSON AVE M 145 r 1 1453 MISSOURI I IEFFERSON AVE A AVE IAGI SSOURi J JEFFERSON AVE A AVE MISSOURI 1 1400 JEF I I IssAoVERI A . .7EF- A AVESCIN 147A ml , JEFFERSON ,96t�PI A 14ES JEF FERSON AVE 148 1 1 ISSOERI I IJE:FFEPSON L-1 11 YY s.1' L— YIY IIt7t7 I I i tl ICI fl 14;1 I��U T ST Vk' C_i00W i� p 11 1491 RI WOaGTAWN AVE 1/8 Mile Aerial Photograph (2002) http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =22... 5/14/2007 http: // 136 .174.187.13 /htbin/cgi- scr3 ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =22... 5/14/2007 PirrA-.11as Co--in--y Property Al er Infc-- saloon: 22 29 15 22963 WD Page 5 of 5 Pinellas County P r ap arty- Appraiser Par(el Info- rnathn Back to = earcb. Page An explanation of tlkis- sc_ ecrl http:H136 174.18? 13/ htbin,. rg- sz�i3" o= l&. a=_& :)= I &c= 1R.r= .16 &s= 4 &t3= 1&u--0&p =22.., 5-'1-4/2007 Pinellas County Property Apper Information: 22 29 15 22968 000 0]iQ Page 2 of 6 22 1 29 15 99084 l 000 1 0070 14- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:34:54 Ownership Information Non- Residential Property Address, Use, and Sales KP 26 LLC OBK: 14469 OPG: 0489 1460 S MISSOURI AUE CLEARWATER FL 33756 -3219 EVAC: Non -EUAC Comparable sales value as Prop Addr: 1482 S MISSOURI AUE of Jan 1, 2006, based on Census Tract: 258.00 sales from 2004 - 2005: 0 Sale Date OR Book /Page Price (Qual /UnQ) Vac /Imp Plat Information 11/2,002 12,328/ 463 140,000 (M) I 1950: Book 024 Pgs 088- 6 11,988 6,768/ 510 20,000 (U) I 0000: Book Pgs - 0 /1,978 4,686/ 253 27,900 (U) I 0000: Book Pgs - 0 /1,972 3,748/ 507 17,500 (U) I ` 2006 Value EXEMPTIONS Just /Market: 314,400 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed /Cap: 314,400 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 314,400 Agricultural: 0 2006 Tax Information District: CW Seawall: Frontage: Clearwater View: 06 Millage: 21.7640 Land Size Unit Land Land Land Front x Depth Price Units Meth 06 Taxes: 6,842.60 1) 0 x 0 14. 00 18,800. 00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save -Our -Homes 4) 0 x 0 .00 .00 cap, 2006 taxes will be : 5) 0 x 0 .00 .00 6,842.60 6) 0 x 0 .00 .00 Without any exemptions, 2006 taxes will be 6,842.60 Short Legal ZEPHYR HILLS SUB LOTS 7 THRU 10 Description Building Information http: //l 36.174.187.13/htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 A. Pipellas County Property Appwr Information: 22 29 15 22968 000 061 Page 3 of 6 • Building_...1_- . Building 2 Building #1 22 / 29 / 15 / 99084 / 000 1 0070 :01 14- May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:34:54 Commercial Card 0i of 2 Improvement Type: Warehouse Property Address: 1482 S MISSOURI AUE Prop Use: 339 Land Use: 27 Structural Elcmcnts Foundation Continuous Footing Floor System Slab on Grade Exterior Wall Conc Block /Stucco .Height Factor 0 Party Wall None Structural Frame None Roof Frame Gable & Hip Roof Cover Composition Shingle Cabinet & Mill Hone Floor Finish Concrete Finish Interior Finish Hone Total Units 0 Heating & Air Hone Fixtures 2 Bath Tile Hone Units Electric Average Area Shape Factor Rectangle i.00 Quality Average 7) Year Built 21000 Effective Age 7 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 $L7.'7 Arq--c`XS Description Factor Area Units Description Factor Area 1) Base Area i.00 672 7) .00 0 2) .00 0 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial E>ctra Fcatures Building #2 http ://136.174.187.13 /htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 Description Dimensions Price Units Value RCD Year 1) CONC PAVE 5000SF 4.00 51000 20,000 20,000 21000 2) CANOPY 5.00 336 1,680 1,680 22000 3) CANOPY 24X20 5.00 480 2,400 2,400 2,000 4) .00 0 0 0 0 5) . 00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 24,080 Building #2 http ://136.174.187.13 /htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 Pinellas County Property App40 er Information: 22 29 15 22968 000 00 Page 4 of 6 / 29 / 15 / 99084 / 000 / 0070 :02 14 -May -2007 Jim Smith, CFA Pinellas County Property Appraiser 17:34:55 Commercial Card 02 of 2 Improvement Type: Offices Property Address: 1470 S HISSOURI AUE Prop Use: 339 Land Use: 27 Structural Elcmcnts Foundation Continuous Footing Floor System Slab on Grade Exterior ball Conc Block /Stucco Height Factor 0 Party Wall None Structural Frame None Roof Frame Gable & Hip Roof Cover Composition Shingle Cabinet & Mill Average Floor Finish Carpet Combination Interior Finish Drywall Total Units 0 Heating & Air Heating &Cooling Pckg Fixtures 3 Bath Tile None Area Electric Average Description Factor Shape Factor Rectangle 1) Quality Average 1. 00 Year Built 1,951 Effective Age 30 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Arcas C(D mmar(-- ialL Extra FcaTv res Description Dimensions Description Factor Area RCD Description Factor Area 1) Base Area 1. 00 1.104 7) . 00 0 2) Open Porch .30 168 8) .00 0 3) 0 .00 0 9) .00 0 4) 0 .00 0 10) .00 0 5) 6) .00 0 11) .00 0 6) .00 0 12) .00 0 C(D mmar(-- ialL Extra FcaTv res Description Dimensions Price Units Value RCD Year 1) ASPHALT 800 1.75 800 1,400 1,400 1,951 2) FENCE 500LF 11.00 500 5,500 5,060 2,003 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 6,460 Map With Property Address (non- vacant) F*_1 R IT F-4r] M M http: / /136.174.187.13/htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 Pinellas County Property App er Information: 22 29 15 22968 000 O�Q Page 5 of 6 SON JEF PRSON 1451 MICHIGAN MI 14GO l 1457 ISSOURI JEFFERSON AVE AVE AVE 1 150 't 4 DW 0 1154 D'~ +VD O D f ST tuts 47 G 1 ICHIGAN AVE AVE I h 11S rl Ri JEFF JR-,DN E 1471 I�JRI �IIS A �� EAAf , -SON Yvi �OG 1474 IC��E.N 1482 h /9155GURl 4351, 1486 I. r r ` S R I ' 30 ST dI549EP1 " tiiE�SON - E �55r v 1S ,bRI AfOODTAWN AVE 141 1149 1155 U �ICH'1F0r' )DW D'VVQ ST 495 5T 116'�I HIEA .IIDERI CJST.gl � 1HI ICHIG > AVE MISSOURI -tt6 Q LA N trV CADLL tfl4� 1166 I1 iD 1496 - - T ST W f DL DLL "6OU' ST ST AVE 15SO PI JEF PRSON AV AVE 1457 ISSOURI JEFFERSON AVE 1IS R1 EFFERSON AVE I h 11S rl Ri JEFF JR-,DN E 1471 I�JRI �IIS A �� EAAf , -SON 1474 147 r JEFFERSON VE h /9155GURl AVE 1486 JEFFERSON AVE dI549EP1 " tiiE�SON �55r 1S ,bRI AfOODTAWN AVE 229-GB I 1151 1 57 1161 ISCIS 150 MISSOURI t4fC]1 DLLAt�rN 4� DTI l4 6 �. VN full HIGA. h ISU�IRI AVE t 1505 1/8 Mile Aerial Photograph (2002) http: // 136 .174.187.13 /htbin/cgi- click ?o =1 &a =1 &b =1 &c =1 &r= .16 &s= 4 &t3 =1 &u= 0 &p =2... 5/14/2007 Pi fells County Prf-pc-ty Ap es Ir formation: 22 29 11 229( 8 0 )0 01 Page 6 of 6 Pin -lids Covtinty Prop ?rty Appraiser Parcel Infomation http: //= 36.174. 187.1311@tbin /cgi- dick? o= l& a- 1& t-= 1& c== .K.r= .16 &s= 4&t3= 1 &u- -0&p =2... _`/14/2007 0 0 CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, July 17, 2007, beginning at 1:00 PM, in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Skiff Point of Clearwater, LLC.( Ryan Oliver, Delta Seven Inc) are requesting Flexible Development approval to permit a 15 -slip, 1,666 sq -ft. multi -use dock in conjunction with a 15- unit attached dwelling (condominium) development, under the provisions of Sec 3- 601.C.2. [Proposed Use: Multi -use dock of 1,666 sq. ft for 15 slips, in conjunction with a 15 -unit attached dwelling (condominium).] at 200 -201 Skiff Point, Island Estates of Clearwater Unit 5 -A Lots 35- 36. Assigned Planner: kWa} ne �M. Wel s; AICP, Planner III. FLD2007 -05017 2. Opti Development, Inc (Mary S. Sullivan) are requesting Flexible Development approval to reduce the minimum lot size from 5,000 sq. ft. to 4,467 sq. ft in association with the creation of a new parcel for a detached dwelling (single - family residence) within the Low Medium Density Residential (LMDR) District as a Residential Infill Project, pursuant to Sec 2 -204.E of the Community Development Code. (Proposed Use: Detached Dwelling) at 804 -808 Ewing Ave, Mount Orange Revised Blk A, E 5Ft of Lot 30 & All of Lots 31 -34. Assigned Planner: Robert G. Tefft, Planner III. FLD2007 -03010 3. Housh Ghovaee (Doreen Williams, Northside Engineering Services, Inc.) are requesting Flexible Development approval to permit offices in the Commercial District with a reduction to the front (east along South Belcher Road) setback from 25 ft to zero ft (to existing pavement), reductions to the front (north along Rainbow Drive) setback from 25 ft to two ft (to existing pavement) and to 11 ft (to proposed pavement), reductions to the side (south) setback from 10 ft to seven ft (to existing building) and to zero ft (to existing pavement and proposed dumpster enclosure), a reduction to required parking from 32 spaces to 28 spaces and a deviation to required stacking spaces at the driveways on Rainbow Dr., as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2- 704.C, and a reduction to the perimeter buffer (east) along South Belcher Rd. from 15 ft to zero ft (to existing pavement), a reduction to the perimeter buffer (north) along Rainbow Dr from 10 ft to two ft (to existing pavement), a reduction to the perimeter buffer along the south property line from five ft to zero ft (to existing pavement), a reduction to foundation landscaping from five ft to four ft wide, as a Comprehensive Landscape Program, under the provisions of Sec. 3- 1202.G.(Proposed Use: Offices of 8,000 sq. ft) at 300 S. Belcher Rd., Short & Short Sub Lot 1. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007 -05014 4. City of Clearwater (E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP) is requesting Flexible Development approval to permit in the submerged lands adjacent to the Clearwater Beach Recreation Center a 42 -slip marina dock in conjunction with the Sandpearl Resort project (39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) of 11,343 sq. ft with a' deviation to allow the docks and tie poles to exceed the 25 percent of the width of the waterway and a reduction to required 0 0 parking from 24 to zero spaces, under the provisions of Sec 2- 1502.A, 3- 601.C.3 and 3 -603. ( ; (Proposed Use: Docks of 39 wet slips and three day slips, of which 15 slips will be for public usage and 27 slips will be leased to the Sandpearl Resort) at 69 Bay Esplanade, Beg At NW Cor Lot 9 Yacht Basin Sub Run N'LY Along E R/W Mandalay Ave 400 Ft (S) Th ELY Along S R/W. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007 -02003 5. TMJ of Pinellas County, Inc (Keith E. Zayac, P.E., RLA) is requesting Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 ft to 15 ft (to pavement) and from 25 ft to 13.7 ft (to existing building), a reduction to the side (south) setback from 10 ft to 3.9 ft (to pavement), a reduction to the rear (west) setback from 20 ft to 3.5 ft (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2- 704.C, and a reduction to the landscape buffer width along S Missouri Ave from 15 ft to 13.7 ft (to existing building), a reduction to the landscape buffer width along the south property line from five ft to 19 ft (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 ft to 5.9 ft (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five ft to 3.5 ft (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five ft to zero ft, as a Comprehensive Landscape Program, under the provisions of Sec. 3- 1202.G. (Proposed Use: Vehicle sales /display) at 1460 -1480 S. Missouri Ave., Duncan's A.H. Resub Part of Lots 11 -13 & Zephyr Hills Sub Lots 7 -10. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2007 -02006 6. Peter Pan Developments, LLC, Petrit Meroh, Panayiotis Vasiloudes, Epic Holdings South, LLC, and Somerset Place, Inc. (Sherry Bagley and/or Bill Woods, Woods Consulting) are requesting Flexible Development approval to construct a 4,062 sq. ft multi -use dock facility to provide 16 slips as an amenity to a proposed 16 unit attached dwelling (two buildings with eight dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75 percent of the lot width (93.75 ft) to 111 percent of the lot width (139 ft) under the provisions of Sec. 3- 601.C.3. [Proposed Use: Multi -use dock.of 4,062 square feet for 16 slips, in conjunction with a 16-unit attached dwelling (condominium)] at 685, 689, 693 and 699 Bay Esplanade, Mandalay Unit No.5 Replat Blk 76 & 77, Lots 12 &13 & part of Lot 11. Assigned Planner: A. Scott Kurleman, Planner II. FLD2007 -03007 7 Nation Land Trust (Lenore Jacobs) is requesting to delete a condition of approval ( #5 on Development Order of June 20, 2003) requiring all signage to meet Code and be architecturally integrated into the design of the site and/or buildings, to implement Modification of Settlement Stipulation between City of Clearwater and Clear Channel Outdoor, Inc. in Case No. 93- 174 -CI- 21. (Proposed Use: vehicle sales and display in association with an existing auto sales use) at 19246 US Highway 19 N, N 70ft of S 610ft of W 275ft of E 375ft of NEI /4 . Assigned Planner: Gina L. Clayton, Assistant Planning Director. FLD2003 -04020 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to 0 0 ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. per Florida Statute 286.0105. Community Development Code Sec 4 -206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s /he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and witnesses, cross - examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in all persons giving testimony in quasi-judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562 -4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562 -4093 WITH THEIR REQUEST. Ad: 07/05/07 AMERICAN HOUSING CORP ANDERSON, SANDRA A 6580 72ND AVE 1483 S MICHIGAN AVE PINELLAS PARK FL 33781 - 4047 CLEARWATER FL 33756 - 2247 BACA, AMANDA L 1504 S JEFFERSON AVE CLEARWATER FL 33756 - 2227 BELL, ERNEST E 1517 S MADISON AVE CLEARWATER FL 33756 - 2129 BOOKER, MAGGIE L 1474 S MADISON AVE CLEARWATER FL 33756 - 3236 BREWTON,'LINDA C 1124 HARRIS LN CLEARWATER FL 33756 - 7118 BROOKS, ALPHONSO BROOKS, LULA M 1151 ALMA ST CLEARWATER FL 33756 - 2262 CHAMBERS, ERIC J CHAMBERS, CAROL L 1226 WOODLAWN ST CLEARWATER FL 33756 - 3208 CHINTAN, BIBI 1131 HARRIS LN CLEARWATER FL 33756 - 7128 CORVETTE PROPERTY MGMT INC 6900 49TH ST PINELLAS PARK FL 33781 - 5733 BARBER, BARBARA 1147 ENGMAN ST CLEARWATER FL 33755 - 3220 BILEN, OMAR 6646 TIMBER COVE LN NEW PORT RICHEY FL 34653 - 3949 BRADLEY, OLIN BRADLEY, PEARL M 1158 ALMA ST CLEARWATER FL 33756 - 2262 BREWTON, LINDA 1118 HARRIS LN CLEARWATER FL 33756 - 7123 0 ERBACH, MARTIN S THE TRUST 1147 -1149 P O BOX 596 SAFETY HARBOR FL 34695 - 0596 BARGE, ARTHUR L BARGE, DELORIS 1492 S WASHINGTON AVE CLEARWATER FL 33756 - 2144 BIROS, MICHAEL. BIROS, LINDA G 427 3RD AVE NE LARGO FL 33770 - 5014 BRELAND, ELEANOR R 1157 ALMA ST CLEARWATER FL 33756 - 2262 BRILLANT, NEIL A BRILLANT, CRISTINE A 1508 S JEFFERSON AVE CLEARWATER FL 33756 - 2227 BUFF, OLIS H THE C P A F L A INVESTMENT CORP BUFF, DORIS V THE 1437 S MISSOURI AVE 89B WESTWOOD CHATEAU DR # 228 MARION NC 28752 - 6374 CLEARWATER FL 33756 - 2248 CHAPMAN WAREHOUSES INC 1461 S MICHIGAN AVE CLEARWATER FL 33756 - 2251 CLARK, GERTRUDE 1154 QUEEN ST CLEARWATER FL 33756 - 3221 COWART, BOBBY 11784 127TH AVE LARGO FL 33778 - 1 537 CHATMAN, ALISA Y 1145 WOODLAWN ST CLEARWATER FL 33756 - 7113 CLEARWATER NEIGHBORHOODS COALITION JOE EVICH, PRESIDENT P.O. BOX 8204 CLEARWATER, FL 33758 CRAUGHAN, BRENDA H CRAUGHAN, TIMOTHY 1458 S JEFFERSON AVE CLEARWATER FL 33756 - 2225- CRAWFORD, GRACE E THE CURRENT OWNER CUSHNIE, CLARA M 2286 NORWEGIAN DR # 20 1138 WOODLAWN AVE 1441 S MADISON AVE CLEARWATER FL 33763 - 2922 CLEARWATER FL 33756 - 2159 CLEARWATER FL 33756 - 3217 DASH, LEON SR DAVIS, SARAH L 1555 LONG ST 1476 S MICHIGAN AVE CLEARWATER FL 33755 - 3529 CLEARWATER FL 33756 - 3234 DEHAAN, JAMES DI POLITO, DOREEN DEHAAN, DEBRA J 1453 S MARTIN LUTHER KING AVE 12550 FRANK DR N CLEARWATER FL 33756 - 3435 SEMINOLE FL 33776 - 1716 ESCOBAR, CAMILA C EVANS, BARNELL JR 3666 135TH AVE EVANS, DERINDA LARGO FL 33771 - 4035 1150 WOODLAWN ST CLEARWATER FL 33756 - 7111 FL DEPT OF TRANS FLUKES, MERCEDES 11201 N MCKINLEY DR 1158 WILDWOOD ST TAMPA FL 33612 - 6456 CLEARWATER FL 33756 - 2252 FORT, DENISE A FRITTS, CHARLES C 1155 QUEEN ST FRITTS, LOUISE O CLEARWATER FL 33756 - 3222 1221 WOODLAWN ST CLEARWATER FL 33756 - 2230 GALANOPOULOS, CASSANDRA M GEREAUX, PAMELA 1477 S JEFFERSON AVE 1176 QUEEN ST CLEARWATER FL 33756 - 2224 CLEARWATER FL 33756 - 3221 GILMORE, LENORA GLOVER, JAMES W 1409 PEARL ST 1164 WOODLAWN ST CLEARWATER FL 33756 - 2160 CLEARWATER FL 33756 - 7111 GOLDEN, NATHANIEL GOOD, F MARDELLE TRUST GOLDEN, VERA M 697 SUDDEN VALLEY 1127 HARVEYS LN BELLINGHAM WA 98229 - 4815 CLEARWATER FL 33756 - 2158 GRAHAM, JOYCE GREEN, ROBERTA J 1451 S MADISON AVE 1133 HARVEYS LN CLEARWATER FL 33756 - 3217 CLEARWATER FL 33756 - 2158 H S W ASSOCIATES INC HADLEY, JEANETTE 5018 N CLARK AVE 1156 ALMA ST TAMPA FL 33614 - 6532 CLEARWATER FL 33756 - 2262 • DEAN, DARYL DEAN, BERNADETTE H 1409 S MISSOURI AVE CLEARWATER FL 33756 - 2248 DINDA, PAUL E JR TRUST DINDA, LOTTIE S TRUST 8 CAMDEN ST WEBSTAR SPRINGS WV 26288 - 1277 FIRST FED TRUST SERV INC THE DAVIS TRUST NO 1508 727 1/2 EDGEWATER DR ORLANDO FL 32804 - 6805 FORBES, NOEL G FORBES, ICELDA V 1149 QUEEN ST CLEARWATER FL 33756 - 3222 FUTURE VISION PROPERTIES 1457 S MISSOURI AVE CLEARWATER FL 33756 - 2281 GHOBRIAL, IBRAHIM KALDAS, SHAHINAZ 945 SUMMER BREEZE DR BRANDON FL 33511 - 7035 GOLDEN, FRANK E 1123 HARVEYS LN CLEARWATER FL 33756 - 2158 GORDON, RONALD B 1492 S MISSOURI AVE CLEARWATER FL 33756 - 3219 GROOVER, OLIVIA CASHER, KENNETH 1509 MADISON AVE S CLEARWATER FL 33756 - 2129 HANSEN, ERIC 600 KEENE RD DUNEDIN FL 34698 - 7409 HARDY, HERBERT N HARRIS, AUGUSTUS HARTSELL, MIKE HARDY, LANITHA T 1412 HEAVEN SENT LN 1150 ALMA ST 1512 S JEFFERSON AVE CLEARWATER FL 33755 - 2020 CLEARWATER FL 33756 - 2262 CLEARWATER FL 33756 - 2227 HATCHETT, PAUL A HAYNES, INEZ HENSCHEN, ROBERT L HATCHETT, PEARLIE M 1411 S MADISON AVE 1474 S JEFFERSON AVE 1158 QUEEN ST CLEARWATER FL 33756 - 2245 CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 3221 HERSTEIN, DAVID HIPPS, EMMA L HOPE, CARLENE P 1454 S JEFFERSON AVE 1154 WILDWOOD ST 3314 HENDERSON BLVD STE 100 B CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 2252 TAMPA FL 33609 - 2999 HOPKINS, MARQUIS D HOWARD, FREDRICK J HOWE, BOBBY HOPKINS, TRACY L HOWARD, MALINDA E 6672 LIME AVE 241 WINDING WILLOW DR 1436 ROSETREE CT LONG BEACH CA 90805 - 1420 PALM HARBOR FL 34683 - 5832 CLEARWATER FL 33764 - 2833 HUGHES, ROBERT E SR THE HUNTER, RONNIE L IPM HOLDINGS INC 1166 TRUST 2 -1 -99 HUNTER, MARY 1111 DR ML KING JR ST S 1813 CARLTON DR 421 NW 201 STAVE ST PETERSBURG FL 33705 - 2202 CLEARWATER FL 33759 - 1706 PMBK PINES FL 33029 - 3360 JACKSON, DENTON JENKINS, BERNICE D JONES, LEE R JACKSON, TOMASINA 1146 ALMA ST 5230 N RIDGE RD N 1150 WILDWOOD ST CLEARWATER FL 33756 - 2262 VALDOSTA GA 31605 - 6200 CLEARWATER FL 33756 - 2252 JORGENSEN, STEIN K P 23 ENTERPRISES INC KEITH P.E., RLA 701 SOUTH TH H ENT ROAD 1489 S WASHINGTON AVE 1460 S MISSOURI AVE EAST CLEARWATER FL 33756 - 7117 CLEARWATER FL 33756 - 3219 SUITE 404 SAFETY HARBOR, FL 34695 KELLEY, WILLIE O KIRK, MARGARET C KIRKLAND, JEANETTE I KELLEY, BERTHA PO BOX 614 1150 QUEEN ST . 1201 WEBB DR DUNEDIN FL 34697 - 0614 CLEARWATER FL 33756 - 3221 CLEARWATER FL 33755 - 3739 KOSLOWSKI, JAMES R LACKEY, RICHARD J 14 KOSLOWSKI, JEANNETTE 26 LLC LACKEY, JEAN E 1460 S MISSOURI AVE 9740 123RD WAY CLEARWATER FL 33756 - 3219 9403 135TH ST SEMINOLE FL 33772 - 2041 SEMINOLE FL 33776 - 1432 LACKEY, RICHARD J LARGO AREA HOUSING DEV CORP LAWSON, INELL F LACKEY, JEAN E 2139 NE COACHMAN RD 1169 KINGSLEY ST 9403 135TH ST CLEARWATER FL 33765 - 2616 CLEARWATER FL 33756 - 6523 SEMINOLE FL 33776 - 1432 LEHMER, CONNIE S LINDEMANN, KATHLEEN LONGWORTH, GWENDOLYN MARIE 1470 S JEFFERSON AVE 1467 S MISSOURI AVE 1455 S MADISON ALBERT III CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 2281 1455 S MADISON AVE CLEARWATER FL 33756 - 3217 LOPEZ, CARLOS MAGNIE, CLAUDIA MALKI, SAMEER G 525 W VINE ST MAGNIE, PAUL 1199 N MISSOURI AVE BARTOW FL 33830 - 5442 1141 TAYLOR AVE LARGO FL 33770 - 1815 DUNEDIN FL 34698 - 2118 MC AFFEE, VIOLA MC ARTHUR, LILLIAN B MC CRAW, JAMES W MC AFFEE, VIOLET 1151 WOODLAWN ST 700 ISLAND WAY APT 103 1462 S MADISON AVE CLEARWATER FL 33756 7114 CLEARWATER FL 33767 - 1813 CLEARWATER FL 33756 - 3226 MC CRAY, EMMERSON MC CRAY, MAURICE D MC FADDEN, MILDRED MC CRAY, SUSIE MC CRAY, EMMERSON 1485 S WASHINGTON AVE 1132 HARRIS LN 1136 HARRIS LN CLEARWATER FL 33756 - 7117 CLEARWATER FL 33756 - 2156 CLEARWATER FL 33756 - 2156 MC GEE, KYMBERLY MEGILL, TINA M MENARD, ROLAND E 1127 HARRIS LN MEGILL, RALPH G MENARD, GERALDINE P CLEARWATER FL 33756 - 7128 1225 WOODLAWN ST 1220 WOODLAWN ST CLEARWATER FL 33756 - 3209 CLEARWATER FL 33756 - 2231 MERRICKS, ADONICA T MIDWAY INVESTMENT MILLER, MELVIN 1146 WILDWOOD ST ENTERPRISES 1460 S JEFFERSON AVE CLEARWATER FL 33756 - 2252 1417 S MISSOURI AVE CLEARWATER FL 33756 - 2225 CLEARWATER FL 33756 - 2248 MILLS, JENNIFER MILNER, CHARLES E MINZO LC 1216 BELLEVUE BLVD MILNER, ELIZABETH S 702 HARBOR IS CLEARWATER FL 33756 - 2204 23426 CHERBOURG LOOP CLEARWATER FL 33767 - 1804 LAND O LAKES FL 34639 - 4207 MISSOURI AVENUE LAND TRUST MITCHELL, MARLON D MORRIS, MELVIN R 1946 CHENANGO AVE MITCHELL, IZELLA 1136 QUEEN ST CLEARWATER FL 33755 - 1407 1159 ALMA ST CLEARWATER FL 33756 - 2193 CLEARWATER FL 33756 - 2262 MOUNT OLIVE AFRICAN METHODIST MT OLIVE MISSIONARY BAPTIST CH NASCARELLA, PETER 600 JONES ST 1131 HARVEYS LN NASCARELLA, KELLY L CLEARWATER FL 33755 - 4136 CLEARWATER FL 33756 - 2158 240 PALM ISLAND SW CLEARWATER FL 33767 - 1940 ODUMS, SIDNEY E PERRY, ROBERT L JR PHILBECK, THOMAS E ODUMS, MATTIE J 1220 BELLEVUE BLVD PHILBECK, MARGARET R 1420 S MADISON AVE CLEARWATER FL 33756 - 2204 1466 S JEFFERSON AVE CLEARWATER FL 33756 - 2246 CLEARWATER FL 33756 - 2225 r� �J • PLECKER, MAC THE PONDS, CHERYL L PORTILLO, JESUS A 3340 GULF BREEZE TER 1481 S MADISON AVE 1479 S MICHIGAN AVE PALM HARBOR FL 34684 - 1510 CLEARWATER FL 33756 - 3218 CLEARWATER FL 33756 - 2247 PUZZANGHERA, PAUL PUZZANGHERA,ROSEANNA 1833 N KEENE RD CLEARWATER FL 33755 - 2314 SALVATION ARMY 5885 66TH ST N ST PETERSBURG FL 33709 -1597 SCILEX, EDGAR L SCILEX, LAUREL A 1481 S JEFFERSON AVE CLEARWATER FL 33756 - 2224 SHEVCHIK, MARK SHEVCHIK, TAMARA 1409 S MADISON AVE CLEARWATER FL 33756 - 2245 SOTO, ALICE M FELICIANO, ANTONIO S 1224 BELLEVUE BLVD CLEARWATER FL 33756 - 2204 STEVENS, KATHLEEN STEVENS, KEITH 1461 S JEFFERSON AVE CLEARWATER FL 33756 - 2224 TOURANGEAU, MONA LISA 1159 QUEEN ST CLEARWATER FL 33756 - 3222 WALLACE, GORDON E WALLACE, LOIS M 1146 WOODLAWN ST CLEARWATER FL 33756 - 7111 RESOLUTION PROP TRUST INC THE ROETH, CAROLYN TRUST NO 1496 1491 S MICHIGAN AVE 4708 GRAINARY AVE CLEARWATER FL 33756 - 2247 TAMPA FL 33624 - 2106 SANDERS, ,EVELYN 1154 WOODLAWN ST CLEARWATER FL 33756 - 7111 SHAFER, JAMIE 1471 S JEFFERSON AVE CLEARWATER FL 33756 - 2224 SMITH, PHILLIP SMITH, ETHER 1477 S WASHINGTON AVE CLEARWATER FL 33756 - 7117 SOUTH CLEARWATER CITIZENS FOR PROGRESS DUKE TIEMAN 1120 KINGSLEY STREET CLEARWATER, FL 33756 SWINTON, WILLIE J SWINTON, JANIE M 1482 S WASHINGTON AVE CLEARWATER FL 33756 -'2144 TROTTER, THOMAS W TROTTER, EMMA JO 1475 S JEFFERSON AVE CLEARWATER FL 33756 - 2224 WILLIAMS, ANNIE L 1153 WILDWOOD ST CLEARWATER FL 33756 - 2252 SCHUPBACH, ROBERT D SCHUPBACH, MARILYN J 15 N SATURN AVE CLEARWATER FL 33755 - 6230 SHEALEY, LARRY W SHEALEY, VALDOSTON 8716 MARINER DR RALEIGH NC 27615 - 2604 SMITH, RONALD E 957 WEATHERSFIELD DR DUNEDIN FL 34698 - 6432 ST JAMES A M E CHURCH 1436 S MADISON AVE CLEARWATER FL 33756 - 3238 TAYLOR, PATRICIA A 1486 JEFFERSON AVE S CLEARWATER FL 33756 - 2225 VAZQUEZ, JUAN THE PO BOX 8598 CLEARWATER FL 33758 - 8598 WILLIAMS, JUANITA WILLIAMS, LARRY A 1440 S MADISON AVE CLEARWATER FL 33756 - 3216 WILLIAMS, LISA L WINGFIELD, CHARLIE H WULFORST, LISA 1412 S MADISON AVE 1493 S MADISON AVE 1465 JEFFERSON AVE S CLEARWATER FL 33756 - 2246 CLEARWATER FL 33756 - 3218 CLEARWATER FL 33756 - 2224 WYMAN, DOROTHY J 1149 WILDWOOD ST CLEARWATER FL 33756 - 2252 a r �POweAC A9. PLANNING DEPARTMENT IT"Y OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758 -4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4865 October 26, 2007 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FL 34695 RE: Minor Revisions Development Order - Case FLD2007 -02006 1460 -1480 South Missouri Avenue Dear Mr. Zayac: On July 17, 2007, the Community Development Board approved with 13 conditions the above referenced application, which was for Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Through plans submitted for Building Permit #BCP2007- 09021, the following revisions have been indicated on such plans: . 1. Additional parking spaces on the west side of the northern area have been eliminated due to the reduction to required parking approved by the CDB. 2. Due to the reduction of pavement in #1 above, the removal of existing concrete pavement in the western portion of the northern area and removal of existing pavement to create landscape areas, the requirement for a stormwater retention pond is no longer required and has been removed. 3. Two additional driveways are shown to be closed, the northernmost driveway and the driveway directly south of Building B, which allows for greater length of the front perimeter buffer. These are being closed due to FDOT comments. FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER BILL. JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" October 26, 2007 Zayac — Page 2 4. The dumpster enclosure has been relocated from the west side of the northern edge of pavement to be northwest of Building A due to the elimination of the northernmost driveway. 5. Due to the elimination of the two additional driveways and the addition of greater length of the front perimeter buffer, vehicle sales /display area has been slightly modified in its location and square footage. The area of vehicle sales /display has increased from 14,071 square feet to 15,510 square feet. This translates into a greater parking requirement from 35 to 38 parking spaces. The CDB approval of this application, however, granted a reduction to the required number of parking spaces to 10 parking spaces. These same 10 parking spaces are shown on the revised plans. In accordance with Section 4 -406.A of the Code, the revisions proposed are deemed to be a minor revision and are approved. These minor revisions must be reflected on building plans under BCP2007- 09021. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727- 562 -4504. Sincerely, i i elk, C Planning Director S: (Planning DepartmentlCD BIFLEX (FLD)IInactive or Finished ApplicationslMissouri S 1460 -1480 TMJ of Pinellas County (C + LMDR) - Approved (Missouri S 1460 -1480 Minor Revisions Letter 10.26.07.doc e, d PLANNING DEPARTMENT C ITS' DE C LEARWATER POST OFFICE BOX 4748, CLFARWATER, FLORIDA 33758 -4748 MUNICIPAL, SERVICIiS BUILDING, LOO SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TFLFPHONF (727) 562 -4567. FAx (727) 562 -4865 July 23, 2007 Keith Zayac Keith Zayac & Associates, Inc. 701 Enterprise Road, Suite 404 Safety Harbor, FL 34695 RE: Development Order - Case FLD2007 -02006 1460 -1480 South Missouri Avenue Dear Mr. Zayac: This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the Community Development Code. On July 17, 2007, the Community Development Board reviewed your request for Flexible Development approval to permit vehicle sales /display in the Commercial District with reductions to the front (east) setback from 25 feet to 15 feet (to pavement) and from 25 feet to 13.7 feet (to existing building), a reduction to the side (south) setback from 10 feet to 3.9 feet (to pavement), a reduction to the rear (west) setback from 20 feet to 3.5 feet (to pavement and existing building), a reduction to required parking from 35 spaces to 10 spaces, a deviation to allow vehicle sales /display contiguous to residentially -zoned property, a deviation to allow the display of vehicles for sale outdoors and a deviation to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer width along South Missouri Avenue from 15 feet to 13.7 feet (to existing building), a reduction to the landscape buffer width along the south property line from five feet to 3.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to single family dwellings from 12 feet to 5.9 feet (to pavement), a reduction to the landscape buffer width along the west property line adjacent to a nonresidential use from five feet to 3.5 feet (to pavement and existing building) and a reduction to the foundation landscaping adjacent to buildings from five feet to zero feet, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. The Community Development Board (CDB) APPROVED the application with the following Findings of Fact, Conclusions of Law and Conditions of Approval: Findines of Fact: 1. That the 2.31 total acres is located on the west side of South Missouri Avenue, south of Bellevue Boulevard and 200 feet north of Woodlawn Street; 2. That the overall lot is "L" shaped and has 464 feet of frontage along South Missouri Avenue and the northern leg of the property extends approximately 496 feet deep from South Missouri Avenue; 3. That the majority of the site is zoned Commercial District (1.70 acres), with the Commercial zoning extending 297.6 feet deep from South Missouri Avenue along the north property line; FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER JR JOHNSON, COI,INCILMEMBER I3iu JONSON, C OUNCIIMEMBER CARLEN A. PFTI.RSEN, COUNCIIMEMBE.R "EQUAL EMPLOYMFNP AND AF'FIRMA'PIVF Ac'PION EMPLOYER I July 23, 2007 Zayac — Page 2 4. That the westernmost 199.23 feet along the northern property line (0.61 acre) is zoned Low Medium Density Residential (LMDR) District; 5. That vehicle sales and display previously occurred over the entire property, however, portions of the property had not been properly authorized through appropriate City approvals for such use; 6. That a prior proposal to develop the entire area, including that portion zoned LMDR District, with a vehicle sales establishment was reviewed by the CDB on September 20, October 18 and December 20, 2005 (Case No. FLD2003- 08039). Case No. FLD2003 -08039 was withdrawn by the applicant at the December 20, 2005, CDB meeting; 7. That the development proposal is to permit vehicle sales /display in the Commercial District only, similar to the prior application; 8. That, while the overall property includes 0.61 acres in the northwest portion of the site zoned LMDR District, the applicant is not proposing any parking lot nor other improvement related to vehicle sales /display except a portion of the required retention pond; 9. That the expansion of this vehicle sales /display use is appropriate, so long as reasonable Code provisions are met and the relationship of improvements are compatible and consistent with the surrounding area and in general to similar uses elsewhere in the City; 10. That the proposal includes removing the carport structure south of Building A and the removal of a carport structure south and west of Building C; 11. That a building addition was constructed to the rear of Building A (automotive repair building) by the prior owner without the benefit of a building permit and will require an after - the -fact building permit to be obtained in a timely manner; 12. That, different than the prior application, this applicant is complying with the 15 -foot setback/landscape buffer for the entire frontage (except due to the location of Building B at 13.7 feet, in compliance with Code provisions; 13. That, while setback reductions are requested on various areas of the site, the width of these areas is acceptable so long as the landscaping is upgraded to comply with Code provisions; 14. That the proposal reduces the number of driveways from seven to four; 15. That the applicant proposes a reduction in parking from 35 spaces to 10 spaces, which is justified given the type and operation of the use; 16. That the proposed landscaping, especially along South Missouri Avenue, will be a significant enhancement for this corridor due to the amount of frontage of this property along South Missouri Avenue; and 17. That there are current outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: 1. That the development proposal is inconsistent with the Standards as per Table 2 -704 of the Community Development Code; 2. That the development proposal is inconsistent with the Flexibility criteria as per Section 2 -704.0 of the Community Development Code; 3. That the development proposal is inconsistent with the General Standards for Level Two Approvals as per Section 3 -913 of the Community Development Code; and 4. That the development proposal is inconsistent with the Comprehensive Landscape Program criteria as per Section 3- 1202.G of the Community Development Code. Conditions of Approval: 1. That a Declaration of Unity of Title for all parcels be recorded in the public records prior to the issuance of any permits; July 23, 2007 Zayac — Page 3 2. That outdoor vehicle display be confined to those areas identified on the approved site plan, not encroach into any customer or employee parking space, drive aisles or landscaped area and display areas be outlined with paint on the pavement surface prior to the issuance of a Certificate of Completion. It shall be the applicant's obligation to maintain the display painted outlines on the parking surface; 3. That the use of outdoor phone ringer or pager systems be prohibited; 4. That the on- loading or off - loading of vehicles from any transport vehicle occur on -site and not within any abutting right -of -way; 5. That the applicant submit for permits to construct/reconstruct all site improvements (all non - buildings) by October 17, 2007; 6. That, prior to the issuance of any permits, the site and landscape plans be amended to reflect the 10 parking spaces for customers and employees reflected in the parking reduction request and to improve landscape buffers and interior landscape areas to meet Code requirements, acceptable to the Planning Department; 7. That the carport structures south of Building A and south and west of Building C be removed by October 17, 2007. Demolition permits shall be obtained from the City; 8. That Building C be used for storage only for the used car dealership and the applicant submit for all after - the -fact building permits for the remodeling of Building C, including the installation of overhead doors on the east and west facades, by October 17, 2007; 9. That the applicant submit for an after - the -fact building permit for the addition to the rear of Building A by October 17, 2007; 10. That the two existing freestanding signs be removed and replaced with new freestanding signage, which shall be monument -style sign a maximum six feet in height, designed to match the exterior materials and color of the building. Any attached signage shall meet Code requirements; 11. That the applicant submit for after - the -fact electrical permits for the outdoor lighting along South Missouri Avenue by October 17, 2007; 12. That, prior to the issuance of the Certificate of Completion for the site improvements, the existing overhead utility lines be placed underground through appropriate permits; and 13. That the outdoor lighting in the residential area be removed. Pursuant to Section 4-407, an application for a building permit or other approvals shall be made within the time frames set out above in the Conditions of Approval. All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4 -502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an application /notice of appeal shall stay the effect of the decision pending 4 July 23, 2007 Zayac — Page 4 the final determination of the case. The appeal period for your case expires on July 31, 2007 (14 days from the date of the CDB meeting). If you have any 4uestions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com/ o; v /depts /planning. Sincerely, ich el ei lk, Planning Director S. (Planning DepartmenlIC D BIFLEX (FLD)Vnactive or Finished ApplicationslMANDALAY- MYRTLE AVENUDMissouri S 1460 -1480 TMJ of Pinellas County (C + LMDR) - ApprovedlMissouri S 1460 -1480 Development Order 7.18.07.doc i S T Y M, A'' iri45 SI i' '�,1.AS iSl it 145 fM,,SE '1 455 ... __._ 12i -•_OL SITE WAT SINC AND THE RELE STOI PARR CUR RIGF PAR REDS PAR CUR RI GI- TO THE SHO THE RDRA NOR FOR IF C (0.9 PRO ((8,' = 9 LEG/ Lot 1 North accor Recor TOGE' Lot 1 1/2 c East, Public TOGE' Lots Public TOGE' The West 125 feet of the East 145 feet of Lot 13, A.H. DUNCAN'S SUB. OF CLARA E. DUNCAN'S SUB. - . OF THE EAST 1/2 OF NE 1/4 OF SW 1/4 SEC 22 T.29S R.15E, as recorded in Plat Book 5, page 26 of the Public Records of Pinellas County, Florida. EL = 69,15 (MIN) EL = 69.15 (MIN) h�. h GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) i inch = 30 ft. 3m o® 7a3 '. jWHITE TRAFFIC PAINT CTIONAL ARROW BELLEVUE BLVD ----- ---- ---- _ - - - - -- --------- - - - - -- 2 /4 `� STOP BAR & STOP SIGN I STIkIG 15" S I T1- M NECT 15" PVC TO STING INLET W CUT & REMOVE 1,360 SF EXISTING PAVEMENT D.I.P. 6" TAPPING SLEEVE & VALVE V CUT, REMOVE, & REPLACE EXISTING ASPHALT HYDRANT ASSEMBLY EXISTING c" DIP VVM 24" STOP BAR & STOP SIGN STING CUSTOMER PARKING SIGNS BE REMOVED H.C. RAMPS PER FDOT INDEX #304 (TYP.) DPOSED MONUMENT SIGN LOCATION W CUT & REMOVE 1,191 SF EXISTING PAVEMENT vIOVE EXISTING DRIVEWAY CONSTRUCT 25.0'± TYPE "F" CURB GUTTER I` , C'ONb.'-VALK ?N/ STING SIGN B TO BE REMOVED 20'x20' SIGHT VISIBILITY ANGLES (TYP.) 24" STOP BAR & STOP SIGN H.C. RAMPS PER FDOT INDEX #304 'P.) CONC. SIDEWALK ACCESSIBLE ROUTE STING SIGN A BE REMOVED T�I4I I I6 � 1 --2 1 2 3 4 5 Q8 ALMA ST I 10 1 6 1 7 1 8 9 9 14 I 13 GENERAL NOTES: W z w Q Z) O i) U) 1 2 3 OA006 16 4 15 11s�;_, 14 6 13 7 12 8 19 9 H H w Q 12 = Existing Light Pole CIVIL ENG- IN'EkRING 5 99 9 FEW- 12, 195 MI 286 CT LANDSCAPE ARCHITECTURE RAIGHT CURB (TYP.) 22/29/151229681000 /0120 22/29/15/99684/000 /0070 DRC DATE (o D -7 EXISTING SPOT ELEVATION �o PROPOSED SPOT ELEVATION WILDWOOD ST 18 W 13 0 189 196 285 14 •n t to 18 17 W EXISTING PAVEMENT DATE_?I_I_'rg�L 0 Q 9 8 7 6 284 6 102 18 198 283 1 5 11 12 Ld 16 5 10 18 13 19 20 Q - - 4 104 V) 185 200 281 - -_ KEITH ZAYAC & ASSOCIATES, INC. 3 4 3 2 1 179 WOODLAWN GENERAL NOTES: W z w Q Z) O i) U) 1 2 �- 1 BELLEVUE BLVD 1 18 rL_j) Q00 OA006 16 4 15 5 A 14 6 13 7 12 8 11 9 10 H H w Q 12 = Existing Light Pole CIVIL ENG- IN'EkRING 7 99 9 90 195 MI 286 CT LANDSCAPE ARCHITECTURE RAIGHT CURB (TYP.) 22/29/151229681000 /0120 22/29/15/99684/000 /0070 DRC DATE (o D -7 EXISTING SPOT ELEVATION �o PROPOSED SPOT ELEVATION 0 F-I W PLANNING 100 189 196 285 Y A m EXISTING PAVEMENT DATE_?I_I_'rg�L 6 101 Q 188 197 284 - - -- 102 18 198 283 1 5 VEMENT TO BE REMOVED & SODDED (TYP,) 4. DEVELOPED USE VEHICLE DISPLAY, AUTOMOTIVE SALES 103 18 199 0 282 - - 4 104 z 185 200 281 - -_ KEITH ZAYAC & ASSOCIATES, INC. 3 105 183 202 179 1 2 �- 1 BELLEVUE BLVD 1 18 2 17 3 16 4 15 5 A 14 6 13 7 12 8 11 9 10 STREET W z Ld a 8 ( 7 2 7 ) 793 -9888 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 WWW.KEITHZAYAC.COM EB 9351 - LC 2600212 U 44 0 F� U �0 0 1 18 O 2 17 , 0 3 16 EXISTING TREE TO BE REMOVED 4 15 5 B 14 PROPOSED LANDSCAPED AREA 6 13 H H w 7 12 = Existing Light Pole 8 11 PI 9 10 8 ( 7 2 7 ) 793 -9888 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 WWW.KEITHZAYAC.COM EB 9351 - LC 2600212 U 44 0 F� U �0 0 LEGEND W O (TYP.) TYPICAL , 0 PROJECT BOUNDARY EXISTING PAVEMENT SAFETY HARBOR, FL 34695 EXISTING TREE TO BE REMOVED ~ �J PROPOSED ASPHALT PAVEMENT (727) 793 -9888 Bus PROPOSED INTERIOR LANDSCAPED AREA PROPOSED LANDSCAPED AREA 24" STOP BAR & R1 -1 STOP SIGN ( 727) 793 -9855 Fax ITEM TO BE REMOVED H H w EXISTING LANDSCAPED AREA "DO NOT ENTER' SIGNS SITE PLAN APPROVED = Existing Light Pole PM = Existing Palm Tree PI = Existing Pine Tree OA = Existing Oak Tree MI = Existing Mimosa Tree CT = Existing Citrus Tree RAIGHT CURB (TYP.) 22/29/151229681000 /0120 22/29/15/99684/000 /0070 DRC DATE (o D -7 EXISTING SPOT ELEVATION �o PROPOSED SPOT ELEVATION 0 8 ( 7 2 7 ) 793 -9888 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 WWW.KEITHZAYAC.COM EB 9351 - LC 2600212 U 44 0 F� U �0 0 1. ENGINEERILANDSCAPE ARCHITECT: KEITH ZAYAC & ASSOCIATES, INC. ® W O W CUT & REMOVE 1,220 SF 701 ENTERPRISE ROAD EAST, SUITE 404 , 0 EXISTING PAVEMENT SAFETY HARBOR, FL 34695 ~ �J H (727) 793 -9888 Bus L�j 24" STOP BAR & R1 -1 STOP SIGN ( 727) 793 -9855 Fax ® H H w I-I "DO NOT ENTER' SIGNS SITE PLAN APPROVED z [�, � C-' 0 _ � Q O EXISTING 6 DIP ��1'y�i`•i, 2. SITE ADDRESS: 1460 SOUTH MISSOURI AVENUE CLEARWATER, FLORIDA 33756 CASE # 2.®O 7" V U0 6 � U z -r_t_P PARCEL ID: 22/29/15/22968/000/0131 CASE TYPE -- 00 0 w = W RAIGHT CURB (TYP.) 22/29/151229681000 /0120 22/29/15/99684/000 /0070 DRC DATE (o D -7 �' Q 22/29/15/22968/000 /0110 CDB DATE % 1 '% "CG" F-I W LAND USE:: ,W CUT & REMOVE 15'x133' (1,995 SF) EXISTING ZONING: "C ^COMMERCIAL SIGNATURE rt_ Y 1. ENGINEERILANDSCAPE ARCHITECT: KEITH ZAYAC & ASSOCIATES, INC. ® W O W CUT & REMOVE 1,220 SF 701 ENTERPRISE ROAD EAST, SUITE 404 , 0 EXISTING PAVEMENT SAFETY HARBOR, FL 34695 ~ �J H (727) 793 -9888 Bus L�j 24" STOP BAR & R1 -1 STOP SIGN ( 727) 793 -9855 Fax Q w "DO NOT ENTER' SIGNS SITE PLAN APPROVED z [�, � C-' 0 _ � Q O EXISTING 6 DIP ��1'y�i`•i, 2. SITE ADDRESS: 1460 SOUTH MISSOURI AVENUE CLEARWATER, FLORIDA 33756 CASE # 2.®O 7" V U0 6 � U z -r_t_P PARCEL ID: 22/29/15/22968/000/0131 CASE TYPE -- 00 0 w = W RAIGHT CURB (TYP.) 22/29/151229681000 /0120 22/29/15/99684/000 /0070 DRC DATE (o D -7 �' Q 22/29/15/22968/000 /0110 CDB DATE % 1 '% "CG" LAND USE:: ,W CUT & REMOVE 15'x133' (1,995 SF) EXISTING ZONING: "C ^COMMERCIAL SIGNATURE rt_ Y m EXISTING PAVEMENT DATE_?I_I_'rg�L 3. PRESENT USE VEHICLE DISPLAY, AUTOMOTIVE SALES VEMENT TO BE REMOVED & SODDED (TYP,) 4. DEVELOPED USE VEHICLE DISPLAY, AUTOMOTIVE SALES D.I.P. W. S. 5. TOTAL SITE AREA 100,783.25 SF (2.31 AC) � � :6" TAPPING SLEEVE & VALVE :2 :2 W CUT, REMOVE, & REPLACE EXISTING ASPHALT & CURBING 6. SETBACKS: REQUIRED PROPOSED 00 0 25' FRONT 25.83' MIN (TO BLDG - EAST) z >_ H E HYDRANT ASSEMBLY 13,74' MIN (TO PAVEMENT - EAST) 0 10' SIDE 14.10' MIN (TO BLDG - SOUTH) U U F- HOVE EXISTING DRIVEWAY 3.90' MIN (TO PAVEMENT - SOUTH) W W O ' CONSTRUCT 21.5'± TYPE "F" CURB 9.54' MIN (TO PAVEMENT- NORTH) d t2 0 GUTTER & CONC. WALK 10' -20' REAR 3.50' MIN (TO BLDG -WEST) j j w :, 4.05' MIN (TO PAVEMENT - WEST) 'E X i S TI [,RG) 1 1 S "PD dI R W o! W Q� p SITE DATA TABLE: EXISTING: PROPOSED: REQUIRED: A. TOTAL SITE AREA: 100,783.25 SF (2.31 AC) 100,783.25 SF (2.31 AC) 40,000 SF (0.91 AC) r o O w B. TOTAL OPEN SPACE: 42,122.37 SF (0.96 AC) 51,554.53 SF (1.18 AC) 2,000 SF (0.04 AC MIN) Lj Lo i- Q C. BUILDING FOOTPRINTS: 5,826.52 SF (0.05 FAR) 4,956.52 SF (0.04 FAR) 22,000 SF (0.55 FAR MAX) o p E. SIDEWALK/DECK/PAVED AREA: 52,834.36 SF 44,272.20 SF N/A MOVE EXISTING DRIVEWAY F. TOTAL IMPERVIOUS AREA: 58,660.88 SF (0.58 ISR) 49,228.72 SF (0.481SR) 38,000 SF (0.951SR MAX) t® N z CONSTRUCT 21.5'± TYPE "F" CURB C=) G. GUTTER & CONC. WALK G. PARKING SPACES: 26 35 z 1h _ o: > - to - O z cn H. VEHICULAR PARKING AREA: 52,834.36 SF 25,891.60 SF N/A _4 I. INTERIOR LANDSCAPE AREA: 0.00 SF 2,610.94 SF (10 %) 2,589.12 SF (10 %) ` ;:a >4 ` o'; . 8. REQUIRED PARKING: 35 SPACES (2.5 PER 1000 SF LOT SALES /VEHICLE DISPLAY AREA) _ (14,071 SF/ 1,000 SFX2.5) PROPOSED PARKING: 26 SPACES • • , fi 9. AUTO DETAIL SERVICE IS A SUPPORT SERVICE TO VEHICLE SALES /SERVICE, RETAIL CUSTOMER SERVICE NOTAVAILABLE L•� •� "t a�;.- 10. ALL DISTURBED GRASS WITHIN RIGHT -OF -WAY SHALL BE SODDED. 11. ALL UNUSED DRIVEWAY APRONS AND /OR PARKING SURFACES MUST BE REMOVED IN ITS ENTIRETY, BY THE CONTRACTOR X' , AT THE APPLICANTS EXSPENCE, AND REPLACED WITH CURB AND SIDEWALK TO MATCH EXISTING CONDITIONS F'- 13. A COMPREHENSIVE SIGN PACKAGE WILL BE SUBMITTED r +• °-� ',� /��� � � UNDER A SEPARATE PERMIT APPLICATION. vn -; �• (i)t ,, 14. THERE ARE NO ENVIROMENTALLY UNIQUE AREAS ON SITE.; f• t VF' , �' 15. PER SECTION 3.1204.1-11, PLANTS IN SIGHT TRIANGLES MUST BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH THE 5$.� •+ •'': -,- �'; �� REQUIREMENTS IN ARTICLE 3, DIVISION 9, TO MINIMIZE TRAFFIC HAZARDS. ��j ~a;A� •' • ' ' �` ,s f. pA 16. CONTRACTOR ,SHALL BE RESPONSIBLE FOR ALL ENVIRONMENTAL TESTING REQUIREMENTS PRIOR TO DEMOLITION. *�� ° °� • t ;, 17.OIUGREASE SEPERATOR SHALL MEET NFPA 30A -2000 EDITION CODE FOR MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES. DRAWN BY: 18. DUMPSTER SERVICE SHALL BE ARRANGED WITH THE SOLID WASTE DEPARTMENT PRIOR TO ISSUANCE OF OCCUPATIONAL LICENSE OR CERTIFICATE OF OCCUPANCY CONTACT TOM GLENN @ 727 - 562 -4930. CHECK BY: Kz "' ORIGINAL DATE: 05.18.05 SHEET FOR PERMITTING PURPOSES ONLY 1 OF 2 ISSUE DATE: 06.18.07 9- CASSINE HOLLY �' EY,ISTING 8" SANITARY SEWER x I °l, I / \ x ` i x ; ° OVERHEAD EXIST, OAK TYP ,iz4• ,`(r1o,A / ^ ` LM D R R U G EXIST. PINE TREES -TYP. %''} %1 ' UTILITY LINOS' (` is �` dT a' at ':Jr tae ' s /���' \ 1'/ e ,_ ' IX�� _x tiz - S89%`I6'15 "E(C - --------- -- . \ - A- FS x �. a - o - - rr -'- -- �- - - x _ 6G'(L; FF6 c - -c}-- 2 , CI; (C, - / s r x �x - ° "-- - ---1 x � ' ,. / ;r,�I# ;,'•T i,1�t3t;�' #'� x# '�f�'!'1 ---- -'- -- -- -- - -- - - - - y -- - _ ---' -_ -_:�.' "?'!'(T �t / z? 69.1 , :. ZTREE BARRICADE NP. EXIST. MIMOSA 'yr" °NG B8 ! ' 15 -CRAP MYRTLE l - - 4 22 DWF IND HAW�ORN /30" S 4'4�SIM SON , T`OPE? R 3 OC hit #. - -- --- -'- -- -- - - - --._ _� - -- ------ '-' - - -- --- -- ,� -- - - - - o }1, u:• z ':'I, {;. . a ,1 pr,:,_ 9 HIBI C S /3' OC ° •' - }' ti• 6• DAHOON HO LY I , r - 1 WASHINGTONIA PALM 1 € f.. i I ,a4 - TO BE RELOCATED T 0 ELECTRIC, G A OWE / OVERHEAD ELE TRI LIGHT AND POWER :�• x - f o cor`i ,� 4 -ULMUS AMERICANA `' - _- - - .' A ,� o,, POLES ARE TO BE REMOVED. t , w E`L A L. N r� h .I AMERICAN ELM _L � .. h PER SHEET 1 OF 2 i`';,`' 1 / ,! > € "` ,i`♦ / 20 -DWF INI HAWTHORN 30" OC ASPH IIr �' - -_ -- I '' ♦ s 2 -ULMUS AfJIERICANA .. -.L� lid' I x - ,Ir + ♦ ♦�♦ ♦ ` /l .."AMERI AN ELM _�.1 _..._..__ 1 ^'� [;.v.•' 45 DWF IND HAW HORN / 30 0 - _ - -- I�� • 3• i 5-HIBISCUS/3' OC 1k;, - - -t -- -- - - - / 35 D FIN HAWTHORN /30" OC (VACAN -1 ) MITI, i , z c. .,r ° O -c _ I 2 ULMUS "A AMERICANA „ }I,= 1 °� 7� .;: = \ AMERI AN ELM I L - 40- VIBURNUM SANDANKA -- - U ° 12Q= P -_TV.` AR:''s'RIT _6 P0RUM xT-dbIRA 30" OC I 20 -DWF IND HAWTH RIJ 30" OC i ;3- 2- ULMU,S;; %AM 'RICANA / 1 ���}� �,•, il, ;t' ;AM�RIC'gN;;�Lf� fir. P )1', T 5T- SiMP ON ST�) \PER /3' OC EXIST. I 1 OAK -TYP : :,• I 4- CA HO LY / :1,t1. - EXIST. OAK TYP 1 ,;:'- ;V = I n v I I69.15 ,+ x - F AST' . 1'• L ..c o. �r.. n - I a a 1 , i 3' fh• $ i x "C ' , ., -r ,: ( ., -y'i $.1 ' . } '; t,„ 1i,€ .. }3Itt, ?�t33Yisii ',_ _s ' r ,. },, � ,r \ h � ..�.,, !#�� It .i. _ _l _ s.?,Ir!,• �r , }l.,;,1'i;' •C ,� t�S��E,# € }i" ' +< • .� _ " .'th- % a,• 'rte _ _� ,.,.1r -ij11 '•��',It =, t „L€t, 1t41'f'ifitil!!: - Ci r 1 L x YG N89 °16'1 ,W(C,F) x - - -- - - -- - r�.- CC { •r 199 f / / X 10 (C,F) i_ �,” �` N89 °16 C F y .F ♦,•w.. ,♦:.w. :..,k. .� .. T . 1� \ �2�'I €��• � � � 1 7 .62 (C,F) � ' �� ,; �� I V 1< 1 x A 315,( ,'. •�.'; •(�, I P, O�r4 a; , sr•°i•. 40 -DWF IND HAWTHORN �30" OC I % I ii . ' x x LM D R ( RAJ) C (CG) I�LruS= A�,R_i�AA= 3.5'% AMERICA = BRICK(T1P) ,I } „ 1: ' ♦• ° * €� EXISTING .5 WIDE LANDSCAPE IA EA r A 6 q X EA W �T SOLID PVC FENCE - _ 20 � 1, MULCH — M L H LAYER (� REQUIRED BUFFER) �. °: ':;'' "�;�,; _, "a {•.`f�_':,'';',__;'`_,_, ;'� � w t;''+ LANDSCAPE GENERAL NOTES PER 469 - - 1.3' co co I r I wi ?,` -CONC LAND '.tk THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UTILITIES, BEFORE 744 I :`� ."i: g� «j U ? w PERFORMING ANY WORK. ANY CONFLICTS SHALL BE IMMEDIATELY BROUGHT I /��� ��� - TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE FOR RESOLUTION. � - - 1•'� �Y 4:y�.• is .0 <T w�Y� 1t�': •ih:•�'i I , '.:,I 1 1 ; E CON AC 0 SHALL BE RESPONSIBL HE 1 I -BLDG OVERHANG o� i TH TR T R E FOR T PRESERVATION AND � _ PROTECTION OF ALL SITE CONDITIONS TO REMAIN FROM DAMAGE DUE TO HIS WORK. IN THE EVENT OF DAMAGE, ALL DAMAGE SHALL BE COMPLETELY j:j.'`'4�r t: •.,�,' �; .„: , .•,1;.F1�,•�.( , .� ;,,.. ,,�,.;: — '•., APPROVED PLANTING I d'i I( SOIL BACK FILL - I T 2 PARTS EXISTING I �I I }' I° 18- HIBISCUS /3' OC i I �l °' z REPAIRED TO ITS ORIGINAL CONDITION. ALL COST OF SUCH WORK SHALL - _ - TOPSOIL & 1 PART I ;rn „' 1- CASSINE HOLLY y �� ° RESPONSIBILITY OF-THE CONTRACTOR. EXISTING SOIL ILEX CASSINE _ I ,'i;, ORGANIC PEAT PLANTING ' 10' -12' HT., 2 1/2" CALIPER 1 THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL UNAUTHORIZED DAMAGE OR CUTTING OF EXISTING TREES TO REMAIN ON SITE, DAMAGE MAY BE CAUSED BY OPERATION OF EQUIPMENT, STOCKPILING OF MATERIALS, ETC. DAMAGE ALSO INCLUDES THE COMPACTION OF THE ROOT ZONE BY DRIVING OR PARKING INSIDE THE DRIP -LINE OF TREES OR THE SPILLAGE OF DELETERIOUS CHEMICALS, OILS, DIESEL, ETC, WITHIN THE DRIP -LINE OF TREES. EXISTING TREES AND PALMS WITHIN AND ADJACENT TO THE PROJECT LIMITS ARE TO BE PROTECTED THROUGHOUT THE CONSTRUCTION PROCESS TR TI0 N PR E S WITH TREE BARRICADES PER CITY OF CLEARWATER REQUIREMENTS. THE CONTRACTOR SHALL PROVIDE AN INTERNATIONAL SOCIETY OF ARBORIST (ISA) CERTIFIED ARBORIST WITH A MINIMUM OF 5 YEARS EXPERIENCE WITH SIMILAR PROJECTS, TO DIRECT APPROPRIATE PRUNING (ROOTS, BRANCHES) AND /OR OTHER TREATMENT NECESSARY TO ENSURE THE HEALTH, VIABILITY AND ATTRACTIVENESS OF TREES TO REMAIN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR IMPLEMENTATION OF THE CERTIFIED ARBORIST'S INSTRUCTIONS. PRUNING SHALL CONFORM TO ANSI A -300 PRUNING STANDARDS. ALL LANDSCAPE AREAS AND AROUND EXISTING TREES SHALL BE MULCHED UTILIZING SHREDDED MELALEUCA OR PINE BARK NUGGETS (100% ORGANIC). MULCH SHALL BE INSTALLED TO A WETTED DEPTH OF 3 ". MULCH SHALL BE FREE OF EXTRANEOUS DEBRIS. ALL PLANT MATERIAL SHALL BE NURSERY GROWN AND SHALL COMPLY WITH ALL REQUIRED INSPECTIONS, GRADING STANDARDS AND PLANT REGULATIONS, AS SET FORTH BY THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF PLANT INDUSTRY "GRADES AND STANDARDS FOR NURSERY PLANTS ", LATEST EDITION, ALL PLANT MATERIAL SHALL ALSO CONFORM TO ANSI STANDARDS FOR NURSERY STOCK (ANSI Z60.1- 1990). THE MINIMUM GRADE FOR ALL PLANT MATERIALS SHALL BE FLORIDA #1. THE CONTRACTOR SHALL SUPPLY SUPPLEMENTAL WATER; OVER THE AMOUNT OF WATER SUPPLIED BY THE 'RRIGATION SYSTEM, FOR THE ESTABLISHMENT TO ALL NEWLY INSTALLED TREES FOR 90 DAYS, COMMENCING IMMEDIATELY AFTER INSTALLATION. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ADJUST WATERING AMOUNTS AND FREQUENCY TO ENSURE PROPER ESTABLISHMENT OF ALL PLANT MATERIAL. PLANTING AREAS SHALL BE FREE OF EXTRANEOUS MATERIALS AND CAPABLE OF PERCOLATION PRIOR TO PLANTING AND PREPARED SOIL BACKFILL. PLANT MATERIAL SHALL BE MAINTAINED TO PROVIDE CLEAR SIGHT WITHIN SIGHT VISIBILITY TRIANGLE AREAS. PRELIMINARY EXISTING TREE ANALYSIS THE LOCATION, TYPE AND APPROXIMATE CANOPY OF EXISTING TREES ON SITE ARE SHOWN ON THE PLANS. PRELIMINARY ANALYSIS OF THE TREES INDICATES THAT THE EXISTING TREES ON SITE (WASHINGTONIA PALM, FOXTAIL PALM, OAK AND MIMOSA) ARE IN RELATIVE CONDITION AND HEALTH FOR THE EXISTING CONDITIONS AND LOCATION OF ADJACENT ELEMENTS. CROWN SIZE AND SHAPE AND BRANCH PATTERNS ARE CONSISTENT WITH THE GENERAL AGE AND SPECIES OF THE TREE. QUANT. BOTANICAL NAME COMMON NAME SIZE / NOTES TREES /PALMS /SHRUBS z -,45-FTV, 15 ULMUS AMERICANA AMERICAN ELM 10' -12' HT., 2 1/2" CALIPER 24 ILEX CASSINE DAHOON HOLLY 10' -12' HT., 2 1/2" CALIPER 1 WASHINGTONIA ROBUSTA WASHINGTONIA PALM 12' CLEAR TRUNK, MATCHED 9 LAGERSTROEMIA INDICA 'NATCHEZ' CRAPE MYRTLE 10' -12' HT., 2 1/2" CALIPER 201 EUGENIA FOETIDA SIMPSON'S STOPPER 3 GAL., 24” X 20 ", FULL, 3' O.C. 182 RAPHIOLEPIS INDICA DWF. INDIAN HAWTHORN 3 GAL,, 14" X 14 ", FULL, 30" O.C. 33 HIBISCUS ROSA - SINENSIS HIBISCUS 3 GAL., 24" X 20 ", FULL, 3' O.C. 180 LANTANA CAMARA WEEPING LANTANA 1 GAL., 12" X 12 ", FULL, 2' O.C. 395 PITTOSPORUM TOBIRA VARIGATED TOBIRA 3 GAL., 24" X 20 ", FULL, 3' O.C. 6 WODYETIA BIFURCATA FOXTAIL PALM 10' CLEAR TRUNK, STRAIGHT TRUNK 6 ULMUS AMERICANA AMERICAN ELM 10' -12' HT., 2 1/2" CALIPER ARGENTINE BAHIA SOD - REMAINING NON- IRRIGATED OPEN SPACE :E I WIDTH OF ROOTBALL SHRUB /GROUNDCOVER PLANTING DETAIL NTS PRUNE OUTER RING OF FRONDS, TIE REMAINING FROND WITH BIODEGRADABLE TWINE. 3 LAYERS OF BURLAP WITH 2 "X4" WOOD CLEATS (3) AND 2 "X4" WOOD BRACES (3), 120'APART, LENGTH AS REQUIRED 3" MULCH LAYEI2� 2 "X4 "X30" STAKE APPROVED PLANTING SOIL BACK FILL - 2 PARTS EXISTING TOPSOIL & 1 PART SILICA SAND EXISTING SOIL TREE SUPPORT STAKES 2 PER TREE (2) 2"x2 "x8" " WIDE, WHITE, "ARBOR TIE ", BY DEEP ROOT 3" MULCH LAYER-- EXISTING SOIL 112"1 112" WASHINGTONIA PALM PLANTING DETAIL NTS -1- CASSINE HOLLY,1 --T y {�I /' / /.Y, // R }ti"j` :.11jlSjf:r, #,: �tY:f .* . , •. =1 !L c ;I�:,tT:lYr l,� „ii3:'.H!. .r), : Yi” °`tT:i A�;i•� "��• : 1.. :. jy'•� y��.••:..• ♦.. •i�. .� `J�t�, uny �_ -il _',=r ._I; - 417rT'- -Ir�-� * r*i srl7yii ♦ ' ' a 5. •R, ri' ♦ CC FlaGI& ' tar •w - � -:gig [`0'• L _- - =., -, __ ♦ f S_. T i n � �• ;ty ♦',��t ~li � • _ � - �'� T�tT, ♦ r'I: i' �/ f 11 � :;r�,it I"J.'1•; -y ;' � "5}, -::.{ ' .1" :.` t l t w ii'I: Q , r,«. 1. - - " - - - :T�.c� L?s,.l � ♦ ?,+NSF 0. ,•� �`i_ „'- ';`..r �`.t�r.,:c r,- ;• w �g�e IYl:,ff , Tit: ”. ." l T [r " „ "�d ♦ ♦ �.- CD- C11 0 :,fir•" .1 _ . 3'.C. _. -'' %p • ,, !�' r4 r,r t r^t `r�r_r`rCr- r•,_.r K �.Y= - -- - - -- 3- CASSINE HOLLY LL bi�' b' a ° 1 GRAPHIC :�CALE 30 0 15 30 T _......._. --- -- 60_____ - -- BLVD ( IN FEET) __- -- - - -- - - -- i inch = 30 ft. I E I 15 -LC WEEPING LATANA /30" OC 1011 r , - LI - CRAPE MYRTLE I M I 35 -PTV VAR. PITTOSPORUM TOBIRA /30" OC 15 -LC WEEPING LATANA /30" OC 5-HI 18C 'S /3' OC 1 h •> •y n n0 3 I n I�w , 9 I � e1 �n I - 30_�TV VAR. PITTOSPORUM TOBIRA /30" OC - 30 -TLC WEEPING LATANA /30" OC "�'2- LI.,CRAPE MYRTLE - - - - - - - - - - - Try CLEAR TRUNK PER I_ I \• �_� i < `.1t: ! I ;ur, . '" . FLA. GRADE ° & STANDARDS ' EXISTING 6 AVG. LANDSCAPE AREA i , u(.Ifi. 4.. • ,> �. W/6 r HT SOLID PVC FENCE �' 1 ^, ♦. w ,eu, +' O ♦ w` 8c EXISTING GROUNDCOVER o ": i.' U* (12' REQUIRED BUFFER) ti` ♦ r ♦ I �� ♦ �� L ARE4 TO BE SODDED (TYP.) REMOVE EXIST. GRAVEL & °` of "4; PARCEL B •'r -- REPLACE WITH 3 CYPRESS ty; 60 -1.6 VEEPING LATANA /30" OC MULCH to, 0. k[i w, J' O ,r u 1 • r.t. :. O o rs . tj ,♦'',f sp1 r ------------- -..... '�' ' , -- - .. _.._... - -- ' '' ' 175 -PIN VAR. PITTOSPORUM :, ;' TOBIRA/30" OC ,., Cq CON Ln ♦.If.''', ♦ I..N r _T 7' -8' CLEAR TRUNK ADJACENT TO SIDEWALK 2x I WIDTH OF ROOTBALL TREE PLANTING DETAIL NTS APPROVED PLANTING SOIL BACK FILL - 2 PARTS EXISTING TOPSOIL & 1 PART ORGANIC PEAT PLANTING MIXTURE 9 �'W3,.(>;') 9B.64- 132, EXISTING 5 LANDSCAPE AREA !• '� ` /- / W /6' HT SOLID PVC FENCE (12' REQUIRED BUFFER) ' I S I I I -- --- - - - - -- - -- �— 4 -ULMUS AMERICANA AMERICAN ELM U ,LgYn 1�yy 1 1, 19 1. SEE SHEET 1 FOR ADDITIONAL INFORMATIONI AND SITE PLAN CALCULATIONS IRRIGATION GENERAL NOTES NO PLANTING SHALL OCCUR UNTIL THE UNDERGROUND AUTOMATIC IRRIGATION SYSTEM IS INSTALLED AND FULLY FUNCTIONAL. THE IRRIGATION SYSTEM IS TO SUPPLY 100% COVERAGE TO ALL REQUIRED LANDSCAPE PLANT MATERIAL. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ADJUST WATERING AMOUNTS AND FREQUENCY TO ENSURE PROPER ESTABLISHMENT OF ALL PLANT MATERIAL. THE CONTRACTOR SHALL BE FAMILIAR WITH BOTH PROPOSED AND EXISTING SITE CONDITIONS SUCH AS, UTILITIES, PLANT MATERIALS AND ARCHITECTURAL ELEMENTS IN ORDER TO AVOID CONFLICTS DURING INSTALLATION. THE CONTRACTOR SHALL AVOID DAMAGE TO EXISTING TREES AND SHRUBS ON SITE THAT MAY OR MAY NOT BE INDICATED ON THE PLANS. THE CONTRACTOR SHALL INSTALL THE IRRIGATION SYSTEM IN CONFORMANCE TO ALL APPLICABLE CITY OF CLEARWATER, STATE AND REGIONAL REGULATIONS AND CODES. THE IRRIGATION SYSTEM SHALL BE DESIGNED AND ADJUSTED TO AVOID OVERSPRAY AND RUNOFF ONTO SIGNS, BUILDINGS, WALLS, WALKWAYS, ROADWAY PAVEMENT OR OTHER IMPERVIOUS SURFACES. THE IRRIGATION SYSTEM CONTROLLER NTR LLER SHALL HAVE PROGRAM FLEXIBILITY SUCH AS REPEAT CYCLES AND MULTIPLE PROGRAM CAPABILITIES AND HAVE A BATTERY BACK -UP SYSTEM TO RETAIN IRRIGATION PROGRAMS. THE IRRIGATION CONTROL SYSTEM SHALL BE EQUIPPED WITH AN OPERABLE RAIN SENSOR (HUNTER MINI -CLIK) SHUTOFF DEVICE EXPOSED TO UNOBSTRUCTED RAINFALL. THE IRRIGATION SYSTEM SHOULD BE DESIGNED TO "STANDARDS AND SPECIFICATIONS FOR TURF AND LANDSCAPE IRRIGATION SYSTEMS ", FOURTH EDITION, 2000, AND ANY AMENDMENTS, BY THE FLORIDA IRRIGATION SOCIETY. SPRAY HEAD LAYOUT SHALL PROVIDE FOR PROPER HEAD TO HEAD COVERAGE. SPRINKLER SPACING SHALL NOT TO EXCEED 55% OF THE SPRINKLERS DIAMETER OF COVERAGE. THE IRRIGATION CONTRACTOR SHALL ASCERTAIN THE IRRIGATION I ATION SYSTEM S RE UIREMEN Q T FOR GPM AND PSI DEMAND AND INSTALL PROPER METER AND BACK FLOW PREVENTER CAPABLE OF MEETING THE DEMAND WITHIN THE ALLOWABLE WATERING TIMES. THE POINT OF CONNECTION TO THE POTABLE WATER SYSTEM SHALL BE DETERMINED DURING CONSTRUCTION PLAN DEVELOPMENT. FINAL IRRIGATION ZONES SHALL BE SIZED TO PROVIDE PROPER WATER FLOW AND EFFICIENCY THROUGH THE IRRIGATION SYSTEM. WIRE CONNECTIONS FOR ELECTRIC CONTROL VALVES ARE TO BE MADE WITH NORTHSTAR WATERPROOF SPLICE KITS (3M DBT), MAINLINE PIPE IS TO BE INSTALLED A MINIMUM OF 18" BELOW FINISH GRADE. LATERAL LINE PIPE IS TO BE INSTALLED A MINIMUM OF 12" BELOW FINISH GRADE. THE IRRIGATION CONTROLLER SHALL HAVE PROPER LIGHTNING PROTECTION INSTALLED PER MANUFACTURE AND APPLICABLE CODES. CONTROL VALVE WIRES SHALL RUN UNDER THE MAINLINE PIPE. THE MAINLINE PIPE AND SLEEVES ARE TO BE SCHEDULE 40 PVC. LATERAL LINE PIPE IS TO BE CLASS 160 PVC. IRRIGATION PIPE SHALL BE PROPERLY SIZED TO A MAXIMUM OF 5 FEET PER SECOND OF WATER VELOCITY FLOW THROUGH THE IRRIGATION SYSTEM. NO IRRIGATION COMPONENTS, MAINLINE PIPING, LATERAL PIPING OR TRENCHING SHALL OCCUR WITHIN THE PROTECTED ZONE OF EXISTING TREES. 4' MN. CIFARALICE �PIANT MATERW. • • • •• —PAVING �FlFISH GRAI"P OF MUCH / /� \\ \ ��- _ POP -UP SPRAY SPRINKLER - __-'—RAIN BIRD 1800 SERIES W/ MPR NOZZLE SLEM RAIN BIRD MODEL SP,-IOO 1/2' MALE NFR X .49' BARB ELBOW: PVC CAP (MVAL) RAIN BIRD MODEL SBE -050 18' go a� PAVING N PVC SON 40 TEE OR ELL 7/7/ PVC LATERAL PPE \ \ 1/2' MALE NK X .49' BARB ELBOW{ \ / / m RAIN BIRD MODEL SBE -050 N NOTES 7 1. INSTALLATION TO BE COMPLETED N A900RDANCE WITH MANUFACTURER'S SPECIFICATIONS. �pvc (TYPICAL) 2. DO NOT SCALE DRAWINGS. 3. POP -UP HEIGHT ADJUSTED FOR CLEWNCE OF PUNT MATERIAL, 6- MIN. HEIGHT LION, 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWINGS. 3. ALL PVC IRRGATION SLEEVES TO BE SCH. 40 PIPE POP -UP SPRAY SPRINKLER 4. ALL JOINTS TO BE SOLVENT WELDED AND WATERTIGHT. (9 RAINBIRD 1800 SERIES POP -UP SPRAY 5. WHERE THEM IS MORE THAN ONE SLEEVE, WENT) THE SMALLER SLEEVE TO 24' MINIMUM ABOVE FINISH GRADE fL MECIIANICALL 30' LINEAR LENGTH OF M7iE, COILED WATER PROOF CONNECTION (1 OF 2) ID TAG VALVE BOX WITH COVER: 12' SIZE FlNISH GRADW10P OF MULCH REMOTE CONTROL VALVE RAIN BIRD PEB �s PVC scN to APPLE (CLOSE) PVC SCH 40 ELL 1--i'l—PVC SCH 60 NIPPLE (LENGTH AS REQUIRED) BRICK (I OF 4) SCH 80 APPLE (2' LENGTH, HIDDEN) AND SCH 40 ELL \_PVC MAINLINE PIPE PVC SCH 40 TEE OR ELL PVC SCH 40 MALE ADAPTER PVC LATERAL PIPE 3' MINIMUM DEPTH OF 3/4' WASHED GRAVEL Ili 1. NISGLURON TO BE COMPLETED IN ACCORDANCE WI1FI MANUFPGNf1ER'S SPECFlCVITXNS 2. DO Not SCALE DRAWNMM REMOTE CONTROL VALVE RNNBRD PEB VALVE ORANGE MESH CONSTRUCTION FENCING 2"x2" MINIMUM LUMBER Y TAMP TO &5x Fii0C10R 7. SLEEVE TO BE 2 SIZES LARGER THAN MAN LINE/LATERAI. PPE BEING CARRIED. SLEEVING SLEEVES UNDER WVRDSCAPES e ~o HYBRID CONTROLLER Y PVC SCH 40 CONDUIT AND FITTINGS JUNCTION BOX 1' PVC SCH 40 CONDUIT AND FITTINGS TO POWER SUPPLY f--WIRES TO ROM CONTROL VALVES 1. N5TALUTION TD BE COMPLETED N ACCORDANCE WITH NANUFALTURERS SPDl7FlCAl10N5. 2. DO NOT SCALE DRAWINGS. 3 INSTALLATION TO BE N ACCORDANCE WITH STATE AHD LOCAL. AGENCY CODE REOUREMENIS. HYBRID CONTROLLER CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING KEITH ZAYAC & ASSOCIATES, INC. (727) 793 -9888 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 I WWW.KEITHZAYAC.COM EB 9351 - LC 2600212 u 44 0 0 U I P 0 0 u z -,45-FTV, VAR. PITTOSPORUM TOBIRA /30" OC 30--(,- LLI WEEPING LATANA /30" OC � i� z LL, > I Q I oN V) 1 -1-ULMUS AMERICANA AMERICAN ELM -30-LC WEEPING LATANA /30 „ OC 20 -P VAR. PITTOSPORUM TOBIRA /30” OC 6 -WB I FOXTAIL PALM - - - - - - - - - - - Try CLEAR TRUNK PER I_ I \• �_� i < `.1t: ! I ;ur, . '" . FLA. GRADE ° & STANDARDS ' EXISTING 6 AVG. LANDSCAPE AREA i , u(.Ifi. 4.. • ,> �. W/6 r HT SOLID PVC FENCE �' 1 ^, ♦. w ,eu, +' O ♦ w` 8c EXISTING GROUNDCOVER o ": i.' U* (12' REQUIRED BUFFER) ti` ♦ r ♦ I �� ♦ �� L ARE4 TO BE SODDED (TYP.) REMOVE EXIST. GRAVEL & °` of "4; PARCEL B •'r -- REPLACE WITH 3 CYPRESS ty; 60 -1.6 VEEPING LATANA /30" OC MULCH to, 0. k[i w, J' O ,r u 1 • r.t. :. O o rs . tj ,♦'',f sp1 r ------------- -..... '�' ' , -- - .. _.._... - -- ' '' ' 175 -PIN VAR. PITTOSPORUM :, ;' TOBIRA/30" OC ,., Cq CON Ln ♦.If.''', ♦ I..N r _T 7' -8' CLEAR TRUNK ADJACENT TO SIDEWALK 2x I WIDTH OF ROOTBALL TREE PLANTING DETAIL NTS APPROVED PLANTING SOIL BACK FILL - 2 PARTS EXISTING TOPSOIL & 1 PART ORGANIC PEAT PLANTING MIXTURE 9 �'W3,.(>;') 9B.64- 132, EXISTING 5 LANDSCAPE AREA !• '� ` /- / W /6' HT SOLID PVC FENCE (12' REQUIRED BUFFER) ' I S I I I -- --- - - - - -- - -- �— 4 -ULMUS AMERICANA AMERICAN ELM U ,LgYn 1�yy 1 1, 19 1. SEE SHEET 1 FOR ADDITIONAL INFORMATIONI AND SITE PLAN CALCULATIONS IRRIGATION GENERAL NOTES NO PLANTING SHALL OCCUR UNTIL THE UNDERGROUND AUTOMATIC IRRIGATION SYSTEM IS INSTALLED AND FULLY FUNCTIONAL. THE IRRIGATION SYSTEM IS TO SUPPLY 100% COVERAGE TO ALL REQUIRED LANDSCAPE PLANT MATERIAL. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ADJUST WATERING AMOUNTS AND FREQUENCY TO ENSURE PROPER ESTABLISHMENT OF ALL PLANT MATERIAL. THE CONTRACTOR SHALL BE FAMILIAR WITH BOTH PROPOSED AND EXISTING SITE CONDITIONS SUCH AS, UTILITIES, PLANT MATERIALS AND ARCHITECTURAL ELEMENTS IN ORDER TO AVOID CONFLICTS DURING INSTALLATION. THE CONTRACTOR SHALL AVOID DAMAGE TO EXISTING TREES AND SHRUBS ON SITE THAT MAY OR MAY NOT BE INDICATED ON THE PLANS. THE CONTRACTOR SHALL INSTALL THE IRRIGATION SYSTEM IN CONFORMANCE TO ALL APPLICABLE CITY OF CLEARWATER, STATE AND REGIONAL REGULATIONS AND CODES. THE IRRIGATION SYSTEM SHALL BE DESIGNED AND ADJUSTED TO AVOID OVERSPRAY AND RUNOFF ONTO SIGNS, BUILDINGS, WALLS, WALKWAYS, ROADWAY PAVEMENT OR OTHER IMPERVIOUS SURFACES. THE IRRIGATION SYSTEM CONTROLLER NTR LLER SHALL HAVE PROGRAM FLEXIBILITY SUCH AS REPEAT CYCLES AND MULTIPLE PROGRAM CAPABILITIES AND HAVE A BATTERY BACK -UP SYSTEM TO RETAIN IRRIGATION PROGRAMS. THE IRRIGATION CONTROL SYSTEM SHALL BE EQUIPPED WITH AN OPERABLE RAIN SENSOR (HUNTER MINI -CLIK) SHUTOFF DEVICE EXPOSED TO UNOBSTRUCTED RAINFALL. THE IRRIGATION SYSTEM SHOULD BE DESIGNED TO "STANDARDS AND SPECIFICATIONS FOR TURF AND LANDSCAPE IRRIGATION SYSTEMS ", FOURTH EDITION, 2000, AND ANY AMENDMENTS, BY THE FLORIDA IRRIGATION SOCIETY. SPRAY HEAD LAYOUT SHALL PROVIDE FOR PROPER HEAD TO HEAD COVERAGE. SPRINKLER SPACING SHALL NOT TO EXCEED 55% OF THE SPRINKLERS DIAMETER OF COVERAGE. THE IRRIGATION CONTRACTOR SHALL ASCERTAIN THE IRRIGATION I ATION SYSTEM S RE UIREMEN Q T FOR GPM AND PSI DEMAND AND INSTALL PROPER METER AND BACK FLOW PREVENTER CAPABLE OF MEETING THE DEMAND WITHIN THE ALLOWABLE WATERING TIMES. THE POINT OF CONNECTION TO THE POTABLE WATER SYSTEM SHALL BE DETERMINED DURING CONSTRUCTION PLAN DEVELOPMENT. FINAL IRRIGATION ZONES SHALL BE SIZED TO PROVIDE PROPER WATER FLOW AND EFFICIENCY THROUGH THE IRRIGATION SYSTEM. WIRE CONNECTIONS FOR ELECTRIC CONTROL VALVES ARE TO BE MADE WITH NORTHSTAR WATERPROOF SPLICE KITS (3M DBT), MAINLINE PIPE IS TO BE INSTALLED A MINIMUM OF 18" BELOW FINISH GRADE. LATERAL LINE PIPE IS TO BE INSTALLED A MINIMUM OF 12" BELOW FINISH GRADE. THE IRRIGATION CONTROLLER SHALL HAVE PROPER LIGHTNING PROTECTION INSTALLED PER MANUFACTURE AND APPLICABLE CODES. CONTROL VALVE WIRES SHALL RUN UNDER THE MAINLINE PIPE. THE MAINLINE PIPE AND SLEEVES ARE TO BE SCHEDULE 40 PVC. LATERAL LINE PIPE IS TO BE CLASS 160 PVC. IRRIGATION PIPE SHALL BE PROPERLY SIZED TO A MAXIMUM OF 5 FEET PER SECOND OF WATER VELOCITY FLOW THROUGH THE IRRIGATION SYSTEM. NO IRRIGATION COMPONENTS, MAINLINE PIPING, LATERAL PIPING OR TRENCHING SHALL OCCUR WITHIN THE PROTECTED ZONE OF EXISTING TREES. 4' MN. CIFARALICE �PIANT MATERW. • • • •• —PAVING �FlFISH GRAI"P OF MUCH / /� \\ \ ��- _ POP -UP SPRAY SPRINKLER - __-'—RAIN BIRD 1800 SERIES W/ MPR NOZZLE SLEM RAIN BIRD MODEL SP,-IOO 1/2' MALE NFR X .49' BARB ELBOW: PVC CAP (MVAL) RAIN BIRD MODEL SBE -050 18' go a� PAVING N PVC SON 40 TEE OR ELL 7/7/ PVC LATERAL PPE \ \ 1/2' MALE NK X .49' BARB ELBOW{ \ / / m RAIN BIRD MODEL SBE -050 N NOTES 7 1. INSTALLATION TO BE COMPLETED N A900RDANCE WITH MANUFACTURER'S SPECIFICATIONS. �pvc (TYPICAL) 2. DO NOT SCALE DRAWINGS. 3. POP -UP HEIGHT ADJUSTED FOR CLEWNCE OF PUNT MATERIAL, 6- MIN. HEIGHT LION, 1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 2. DO NOT SCALE DRAWINGS. 3. ALL PVC IRRGATION SLEEVES TO BE SCH. 40 PIPE POP -UP SPRAY SPRINKLER 4. ALL JOINTS TO BE SOLVENT WELDED AND WATERTIGHT. (9 RAINBIRD 1800 SERIES POP -UP SPRAY 5. WHERE THEM IS MORE THAN ONE SLEEVE, WENT) THE SMALLER SLEEVE TO 24' MINIMUM ABOVE FINISH GRADE fL MECIIANICALL 30' LINEAR LENGTH OF M7iE, COILED WATER PROOF CONNECTION (1 OF 2) ID TAG VALVE BOX WITH COVER: 12' SIZE FlNISH GRADW10P OF MULCH REMOTE CONTROL VALVE RAIN BIRD PEB �s PVC scN to APPLE (CLOSE) PVC SCH 40 ELL 1--i'l—PVC SCH 60 NIPPLE (LENGTH AS REQUIRED) BRICK (I OF 4) SCH 80 APPLE (2' LENGTH, HIDDEN) AND SCH 40 ELL \_PVC MAINLINE PIPE PVC SCH 40 TEE OR ELL PVC SCH 40 MALE ADAPTER PVC LATERAL PIPE 3' MINIMUM DEPTH OF 3/4' WASHED GRAVEL Ili 1. NISGLURON TO BE COMPLETED IN ACCORDANCE WI1FI MANUFPGNf1ER'S SPECFlCVITXNS 2. DO Not SCALE DRAWNMM REMOTE CONTROL VALVE RNNBRD PEB VALVE ORANGE MESH CONSTRUCTION FENCING 2"x2" MINIMUM LUMBER Y TAMP TO &5x Fii0C10R 7. SLEEVE TO BE 2 SIZES LARGER THAN MAN LINE/LATERAI. PPE BEING CARRIED. SLEEVING SLEEVES UNDER WVRDSCAPES e ~o HYBRID CONTROLLER Y PVC SCH 40 CONDUIT AND FITTINGS JUNCTION BOX 1' PVC SCH 40 CONDUIT AND FITTINGS TO POWER SUPPLY f--WIRES TO ROM CONTROL VALVES 1. N5TALUTION TD BE COMPLETED N ACCORDANCE WITH NANUFALTURERS SPDl7FlCAl10N5. 2. DO NOT SCALE DRAWINGS. 3 INSTALLATION TO BE N ACCORDANCE WITH STATE AHD LOCAL. AGENCY CODE REOUREMENIS. HYBRID CONTROLLER CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING KEITH ZAYAC & ASSOCIATES, INC. (727) 793 -9888 701 ENTERPRISE ROAD E, STE 404 SAFETY HARBOR, FL 34695 I WWW.KEITHZAYAC.COM EB 9351 - LC 2600212 u 44 0 0 U I P 0 0 u RAINBIRD ESP -MC SERIES, OUTDOOR WALL. MOUNT O O W Q 'Ea- Lci co ° C GENERAL TREE PROTECTION NOTES: ag w - cn - o z (n . ,{� * REQUIRED BARRICADES AND FLAGGING SHRL BE " +� ~ ERECTED BY THE CONTRACTOR AND APPROVED BY , Q THE ENGINEER AND CITY OF CLEARWATER PRIOR TO o COMMENCEMENT OF LAND ALTERATION ACTIVITIES. Zia /, * BARRICADES SHALL REMAIN IN PLACE UNTIL X 0 zm ALTERATION AND CONSTRUCTION ACTIVITIES ARE COMPLETED. s;;' <•,'.,,'': d' * DURING LAND ALTERATION AND CONSTRUCTION O. '' W yN'11� ;; `* ACTIVITIES, IT SHALL BE UNLAWFUL TO REMOVE �•• �,� ' 0 t•i;'L';�"4 , i,� :' '+'� "' ;"y',�r'i "tiyJ;� r"'1r f/T, ��`•': VEGETATION BY GRUBBING OR TO PLACE SOIL , :' . DEPOSITS, DEBRIS, SOLVENTS, CONSTRUCTION MATERIAL, MACHINERY OR OTHER EQUIPMENT OF ANY_ " "'`''� KIND WITHIN THE DRIPLINE OF A TREE TO REMAIN ON DRAWN a`' 'F`7 "�'a + pORMa "" ~ THE SITE UNLESS OTHERWISE APPROVED BY THE CITY. CHECK BY: KZ ORIGINAL DATE: 05.18.05 TREE BARRICADE DETAIL SHEET NTS FOR PERMITTING PURPOSES ONLY 2 ° OF 2 ISSUE DATE: 06.18.07 z � i� Q z 0 0 I� ~ Ell A � W 0 I� o F Q w Q Z Q _j J LlI J Q Q� H � Z I- U Z I-4 0 o w a w 0- 2 (n N Y N Y m RAINBIRD ESP -MC SERIES, OUTDOOR WALL. MOUNT O O W Q 'Ea- Lci co ° C GENERAL TREE PROTECTION NOTES: ag w - cn - o z (n . ,{� * REQUIRED BARRICADES AND FLAGGING SHRL BE " +� ~ ERECTED BY THE CONTRACTOR AND APPROVED BY , Q THE ENGINEER AND CITY OF CLEARWATER PRIOR TO o COMMENCEMENT OF LAND ALTERATION ACTIVITIES. Zia /, * BARRICADES SHALL REMAIN IN PLACE UNTIL X 0 zm ALTERATION AND CONSTRUCTION ACTIVITIES ARE COMPLETED. s;;' <•,'.,,'': d' * DURING LAND ALTERATION AND CONSTRUCTION O. '' W yN'11� ;; `* ACTIVITIES, IT SHALL BE UNLAWFUL TO REMOVE �•• �,� ' 0 t•i;'L';�"4 , i,� :' '+'� "' ;"y',�r'i "tiyJ;� r"'1r f/T, ��`•': VEGETATION BY GRUBBING OR TO PLACE SOIL , :' . DEPOSITS, DEBRIS, SOLVENTS, CONSTRUCTION MATERIAL, MACHINERY OR OTHER EQUIPMENT OF ANY_ " "'`''� KIND WITHIN THE DRIPLINE OF A TREE TO REMAIN ON DRAWN a`' 'F`7 "�'a + pORMa "" ~ THE SITE UNLESS OTHERWISE APPROVED BY THE CITY. CHECK BY: KZ ORIGINAL DATE: 05.18.05 TREE BARRICADE DETAIL SHEET NTS FOR PERMITTING PURPOSES ONLY 2 ° OF 2 ISSUE DATE: 06.18.07 � i� � 2 0 I- I- Z U U 0 d W W IY d (n af a ° RAINBIRD ESP -MC SERIES, OUTDOOR WALL. MOUNT O O W Q 'Ea- Lci co ° C GENERAL TREE PROTECTION NOTES: ag w - cn - o z (n . ,{� * REQUIRED BARRICADES AND FLAGGING SHRL BE " +� ~ ERECTED BY THE CONTRACTOR AND APPROVED BY , Q THE ENGINEER AND CITY OF CLEARWATER PRIOR TO o COMMENCEMENT OF LAND ALTERATION ACTIVITIES. Zia /, * BARRICADES SHALL REMAIN IN PLACE UNTIL X 0 zm ALTERATION AND CONSTRUCTION ACTIVITIES ARE COMPLETED. s;;' <•,'.,,'': d' * DURING LAND ALTERATION AND CONSTRUCTION O. '' W yN'11� ;; `* ACTIVITIES, IT SHALL BE UNLAWFUL TO REMOVE �•• �,� ' 0 t•i;'L';�"4 , i,� :' '+'� "' ;"y',�r'i "tiyJ;� r"'1r f/T, ��`•': VEGETATION BY GRUBBING OR TO PLACE SOIL , :' . DEPOSITS, DEBRIS, SOLVENTS, CONSTRUCTION MATERIAL, MACHINERY OR OTHER EQUIPMENT OF ANY_ " "'`''� KIND WITHIN THE DRIPLINE OF A TREE TO REMAIN ON DRAWN a`' 'F`7 "�'a + pORMa "" ~ THE SITE UNLESS OTHERWISE APPROVED BY THE CITY. CHECK BY: KZ ORIGINAL DATE: 05.18.05 TREE BARRICADE DETAIL SHEET NTS FOR PERMITTING PURPOSES ONLY 2 ° OF 2 ISSUE DATE: 06.18.07 ' NOTE- ELEV AT TOP OF SLAB IS 68.83 `- EL = 69.0 (MIN) EL = 69.0 (MIN) EL a 69.0 J [-5.0 EL = 69.0 C �25vr = 67.9' = 6" CONC SLAB-' 10' SAND GROWN SOD SECTION B -B SECTION A� ��NTS�� NTS EXISTING 8" SANITARY SEWER 6" EXTRUDED CURB TO BE INSTALLED ALONG PROPOSED L 1 STY MAS tSG " x 1 pot P 1 ED DUMPS T y PAVEMENT (TYP.) c , 1 STY tuft{_ BLDG QTY Ni \S'BLDG „ �, x1 „10• S t STY nl�pt� G �" I , ntt. N OS E PER TY x1 x1p'' q5p N114F ^ \ I o �°Y1 #1150 I "°�` /,i t -6 , /� LM D - � DEX 701 � � 318'(P)o,� ' - � / 317.60' C) A .-.. II 1 / per 3z� '' o x x1� x 17'� \ / \ 1 89%x16'15 "E( \ \ e aF \ ( / ` \�P 5' \ J ' , 4 c °_I _ ur ,.� x by I _ C a /,�qo' n_ - - - - c G, VIA 1 _ _�_ V x x x • %� % ._. _..- 125.C2'(C) %e1 a f�„ .� x tD \J r amity CLF ,; ,.••� I STY tAAS BLDG ul_ . I • a•. "a a,J.';`• `.' ;.,' !'t-,. " \ - ;,1451 0 - <,: - - - - - - -- - - CURB (TYP.) - - -- - pp'O yh '•','= ':.i:!�8i.,, '1��s 1p 1. 1• (V p x6p ?y 1e CL 1 '.6',> cc A1G•�.T;: : °� ,' •�' x1 ( -'g 24' STORM �o. x10 L 0 :• C 'C , ut" ' 0 � •'' -..cup ,.(',�,..• ;_ ,. i ° �° " p J �, �, .,;,:. 90 DIS,&IAY AREA °s � I ,'< 4,030 SF STY M LAS BLDG PR OSED RETENTION AREA /o o 53 0110' x ±84') ;:1x -- 24'- 1 °i� r: -- GIN w `�' T. •,':. `� �, CONCRETE VEHICLE W 1 .NN �';1, ..t DISPLAY ARE % s" N (VACANT) a SKIMMER i :: `: v, N .; -; °: - 2 296 SF U, o ge° q} � - -� `20 I qy x 10 HICLE 1 ,?: P /OOD `/ C STY MAS BLDG SHED l o �J os os H11455 I :+ 8.78' ( C/S �•' •,; ;r, � 1ASPH EXIST 18" STORM PL TIC OVETH ANG(1'V) / 020 a© 16 �� ��4 v :ir` �, g• Ctr 1ti D, 125.02.'(C) \ r, �,r p I q �'� \, 1 •'.• / ti 1v 125.0 1°° _ xpp1'• - x 5" \ x"e N89'16'1�oW(C,F) 199.10'(C,F) qqx t3 •'-�"• ?�qq 9 16'13 W(C,F 1 1x.62'( ,F) •':1.•.' --SSCC - ?" 325'(P)0/A ` W V y1 I -- - \\ ` 324.12'(C)0/A \ ` �,a x 10' 1 °' 17.s2'(c)o /A 1 STY METAL BLDG J \ x �0 318'(P)0 `!N 4 _ . 1 STY MAS BLDG x1 >� (1467 x1 °oq x1 °g EXISTING OVERHEAD VEHICLE SE I 7„ ' °EXI8TINQ'���;� •' DISPLAY AREA X -..r- 1111 C C �'Oi(RrRU6B CgURBRT(�OCATED) ,, '.:';,..:..;;:..•:, .. . >•..:.. • , Y 1,572 v�f" BE INSTALLED ALONG PROPOSED 3.5 " BLDCa'.:: - 6i.8% -` PAVEMENT (TYP. !:... l r I"f,,`' 20' EXISTING LANDSCAPE AR A X in I"- W6' HT SOLID PVC FENCE �� -'' � �: INCLUDES PALMS & GRAVEL) 1 g � salowo rrcararc _ z F" 1'+ avam naona slob ' : ' l r,re ON 11/r sx[a ;. $ ^�� 25' .3' CO f>a F TAGING e�b 572.8/•: AREA d cork L�U:(D [ Il,t � SACK WFM Pp� 1 ' . a. � °`°'D"° � EXISTING OVERHEAD DOORS 1- •'�.�_: r.r.".. . (TO BE RELOCATED) ��✓ R ( - OVERHANG �® UMM 4 - _ _ - - 5. E ';T 15" STORM a eor orrm gun ' . 1 s�.MW � FM EXISTING CAR PORT (870 SF) TO BE REMOVED couc (TYP S N pa�rannt mairrlW m be W.m .L.` �:• '! 1 �• ;�• t 1 ' S' rarow b ro- s•ooKaaawu W �1 --•: 14'v na„cr a wu tea. J N xn,A arm,wsm WN O • 1 1 ,Arnwawanr ,Ar ,ea+s � HANDICAPPED STALL DETAIL I - -- - DRAINAGE CALCULATIONS NORTH 1.55 ACRES (136'x496) FOR 1 HR TOC: ZONE 6 IDF = 4.5 IN /HR 100 YR IF C = 0.95, THEN: (0.95)(4.5)(1.55)(60)(60) = 23,855 CU FT VOL IN RETENTION AREA 110'x84' ® TOB TOB = EL 69.0 W/4:1 SS TO EL 65.5 = 24,206 CU FT DRAINAGE NOTES 1. THE SOUTHERLY 330' OF THIS SITE NOW DRAINS TO THE MISSOURI AVE EXISTING DRAINAGE SYSTEM. 2. THE NORTHERLY 136'x496' DRAINS TO THE WEST AND 100 YEAR RUNOFF WILL BE RETAINED IN THE PROPOSED DRY POND. 3. SOIL TESTS FOR THE POND SITE ARE NOT COMPLETED AND WILL BE PROVIDED UNDER A SEPARATE COVER. LEGAL DESCRIPTION: Lot 11, Less the West 125 feet thereof, A.M. DUNCAN'S SUBDIVISION of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. TOGETHER WITH Lot 12, Less and Except the East 20 feet thereof, A.H. DUNCAN'S SUBDIVISION of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. TOGETHER WITH Lots 7,8,9 and 10, ZEPHYR HILL SUBDIVISION, as recorded in Plat Book 24, page 88 of the Public Records of Pinellas County, Florida. TOGETHER WITH The West 125 feet of the East 145 feet of Lot 13, A.H. DUNCAN'S SUB. OF CLARA E. DUNCAN'S SUB. OF THE EAST 1/2 OF NE 1/4 OF SW 1/4 SEC 22 T.29S R.15E, as recorded in Plat Book 5, page 26 of the Public Records of Pinellas County, Florida. 6" 8" NOTE: ROCK MULCH ONLY IF 2' PLANTINGS IN SPREADER SWj 1 EL =68.83 18" 3' -4" L =69.0 SKIMMER I /BOT 68,33 1 EL= L 48• Ym, am L NTS lic !I - J-'-1• �■ s��so��rso��� PROJECT BOUNDARY X ''��'•`•' EXISTING TREE TO BE REMOVED `•��-- • `' ' -111_1 `•A 12 ,,g PROPOSED INTERIOR LANDSCAPED AREA Y'1�'1.._v .S` •..'•''� A •,1.. j//WN // WILDSVOOD ST v A , lah Z N F- V 14 jrp ^^ €i< Cn 18 17 W 9 8 7 6 ,4` = Existing Pine Tree 11 12 W HANDICAPPED SIGN DETAIL 5. L 10 13 20 Q 19 ' V) 4 2 1 %�4 0 WOODLAWN 1� w SAW CUT &REMOVE 15x133 (1,995 SF) CLEARWATER, FLORIDA 33756 CONE e EXlSi1NC ',: A�:ES::'UFRt E ZI UTILITY NOTES•_ 1 1 a,w 35.53' `' t.•;, :.. • ", i . :Ff ",;729 ® W z � l WAT Rl�ANI.TARY sEwER SINCE NO NEW BUILDINGS ARE PROPOSED, ONLY THE EXISTING WATER LINE ON THE CITY ATLAS, ARE SHOWN. = 1� av T I r .% ,, AND GRAVITY SANITARY SEWER, AS SHOWN THE LOCATION OF SERVICE LATERALS ARE NOT KNOWN AND ARE NOT EXISTING o ' RELEVANT TO THE PROPOSED IMPROVEMENTS. LIGHT POLE (TYP) •0 11' p 1 E/P 9 PAVEMENT TO BE REMOVED & SODDED (TYP.) LAND USE:: "CG" �T„aa�s°' r STOR SEWER /PAVING SIGN DATA PARCEL B ALL OF PARCEL B (LOTS 7 -10) DRAINS TO THE MISSOURI AVE SIIGN 13 SIGN A 6 �� CURB TO EXTRUDED GLUE - - - - - - CURRENTLY RIGHT -OF -WAY. ONLY LANDSCAPE IMPROVEMENTS ARE PROPOSED FOR HEIGHT TO GROU HEIGHT OF SIGN D 18.4' 15.0' ACE 7.4' 5.4' ALONG E.O.P. ALL BE INSTALLED .•. `` - - PARCEL B AND, THEREFORE, NO DRAINAGE LINES ARE PROPOSED, AND ONLY REDUCTIONS TO THE PAVING AREA ARE PROPOSED. WIDTH OF SIGN AREA OF. SIGN FACE CE 7,5' 9.4' 55.5 SF 50.8 SF ( M I � cork PARCEL A CURRENTLY THE SOUTHERN ±130' OF PARCEL A DRAINS TO THE MISSOURI AVE *TO BE REMOVED EXISTING TRE� 16 REMAIN 0) I RIGHT -OF -WAY. NO DRAINAGE LINES ARE PROPOSED, AND ONLY REDUCTIONS PAVING ARE PROPOSED FOR THIS PORTION OF PARCEL A. THE REMAINDER OF 0 ry TO THE PARCEL A ( ±1.5 ACRES), HOWEVER WILL BE REGRADED AS SHOWN. ALL DRAINAGE WILL 'j cu^ v Y7 ) • 1L�p 11 EXISTING LANDSCAPE AREA •• i BE DIRECTED TO THE PROPOSED RETENTION AREA WHERE THE ENTIRE RUNOFF FROM A 25 YEAR STORM WILL BE STORED. ANY ADDITIONAL RUNOFF WILL THEN BE DIRECTED TO THE WEST AT THE LOCATION OF SIDE LOT LINES OF ADJACENT LOTS. CURRENTLY W /6' HT SOLID PVC FENCE �� & EXIST. GROUNDCOVER r •• CONCRETE VEMCLE ALL RUNOFF FROM THIS PORTION OF PARCEL A FLOWS ACROSS THE LOTS TO THE WEST OF THE SITE FOR ALL STORMS. DISPt. Y AREA---- 7,7.5 SF "--- SAW CUT, REMOVE, & REPLACE EXISTING ASPHALT & CURBING I CONE DRAINAGE CALCULATIONS NORTH 1.55 ACRES (136'x496) FOR 1 HR TOC: ZONE 6 IDF = 4.5 IN /HR 100 YR IF C = 0.95, THEN: (0.95)(4.5)(1.55)(60)(60) = 23,855 CU FT VOL IN RETENTION AREA 110'x84' ® TOB TOB = EL 69.0 W/4:1 SS TO EL 65.5 = 24,206 CU FT DRAINAGE NOTES 1. THE SOUTHERLY 330' OF THIS SITE NOW DRAINS TO THE MISSOURI AVE EXISTING DRAINAGE SYSTEM. 2. THE NORTHERLY 136'x496' DRAINS TO THE WEST AND 100 YEAR RUNOFF WILL BE RETAINED IN THE PROPOSED DRY POND. 3. SOIL TESTS FOR THE POND SITE ARE NOT COMPLETED AND WILL BE PROVIDED UNDER A SEPARATE COVER. LEGAL DESCRIPTION: Lot 11, Less the West 125 feet thereof, A.M. DUNCAN'S SUBDIVISION of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. TOGETHER WITH Lot 12, Less and Except the East 20 feet thereof, A.H. DUNCAN'S SUBDIVISION of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public Records of Pinellas County, Florida. TOGETHER WITH Lots 7,8,9 and 10, ZEPHYR HILL SUBDIVISION, as recorded in Plat Book 24, page 88 of the Public Records of Pinellas County, Florida. TOGETHER WITH The West 125 feet of the East 145 feet of Lot 13, A.H. DUNCAN'S SUB. OF CLARA E. DUNCAN'S SUB. OF THE EAST 1/2 OF NE 1/4 OF SW 1/4 SEC 22 T.29S R.15E, as recorded in Plat Book 5, page 26 of the Public Records of Pinellas County, Florida. 6" 8" NOTE: ROCK MULCH ONLY IF 2' PLANTINGS IN SPREADER SWj 1 EL =68.83 18" 3' -4" L =69.0 SKIMMER I /BOT 68,33 1 EL= L 48• Ym, am L NTS -.sang QeA ( ) e P.1A t1.1'a& drop ph hole T ,r is 22- {b�rdxr With I _ 12' �J e•-+ %x26 W r W (h ) ELEVATION Nj.5,. Iil EXISTING CAR PORJ��, EXISTING PAVEMENT TO REMAIN •- AUTO DETAIL ACCESS STAGING } 14 (�r - 5b. b, f i yw�Pi�����. EXIST! G AR A ., • D r 5 PVC FENCE QQW 0811) •05 of 4 omter 16 13fi �■ s��so��rso��� PROJECT BOUNDARY X ''��'•`•' EXISTING TREE TO BE REMOVED `•��-- • `' ' 5 12 ,,g PROPOSED INTERIOR LANDSCAPED AREA 18 S 13, ' i � j+ j//WN // WILDSVOOD ST -.sang QeA ( ) e P.1A t1.1'a& drop ph hole T ,r is 22- {b�rdxr With I _ 12' �J e•-+ %x26 W r W (h ) ELEVATION Nj.5,. Iil EXISTING CAR PORJ��, EXISTING PAVEMENT TO REMAIN •- AUTO DETAIL ACCESS STAGING } 14 (�r - 5b. b, f i yw�Pi�����. EXIST! G AR A ., • D r 5 PVC FENCE QQW 0811) •05 of 4 omter 7 6a pg' pq. GRAPHIC SCALE 30 0 15 30 60 I MAN 1 6p' ( IN FEET ) °ryp 1 inch = 30 ft. I q0 11 pq' pq' 'G I pggy (1) 24" STOP BAR & STOP SIGN N I TT11((P WHITE TRAFFIC PAINT g � i D OIR €CTIONAL ARROW p"w o.o '(c >/ BELLEVUE BLVD (1) 24" STOP BAR &STOP SIGN EXISTING 15" STORM v .P y I ° 10;1 I 0 I p' 1 °. 9 \�9 I I ( 1 , �p I 1. 1 I I SAW CUT & REMOVE 1,360 SF OF EXISTING PAVEMENT FOR 15't LANDSCAPE BUFFER -- 6" D.I.P. F.S. - 6"x6" TAPPING SLEEVE & VALVE SAW CUT, REMOVE, & REPLACE EXISTING ASPHALT 1 FIRE HYDRANT ASSEMBLY EXISTING 6" DIP WM �-- (1) 24 STOP BAR & STOP SIGN �.� EXISTING CUSTOMER PARKING SIGNS TO BE REMOVED PROPOSED MONUMENT SIGN SAW CUT & REMOVE 1,191 SF ------•OF EXISTING PAVEMENT FOR 15' LANDSCAPE BUFFER REMOVE EXISTING DRIVEWAY & MATCH EXISTING RIGHT -OF -WAY -- E)=I1TI0NS5" STORM EXISTING SIGN B TO BE REMOVED (2) 20'x20' SIGHT VISIBILITY I, TRIANGLES (TYP.) q9 m 1�yp v 17�' Opg 4 3 6 L2 w 1 2 3 4 1 5 8 Q, ALMA ST 10 6 1 7 1 8 9 9 4 16 13fi F .v,M Y, 5 :•m �i,. i;l PROJECT BOUNDARY X ''��'•`•' EXISTING TREE TO BE REMOVED `•��-- • `' ' 7 6a pg' pq. GRAPHIC SCALE 30 0 15 30 60 I MAN 1 6p' ( IN FEET ) °ryp 1 inch = 30 ft. I q0 11 pq' pq' 'G I pggy (1) 24" STOP BAR & STOP SIGN N I TT11((P WHITE TRAFFIC PAINT g � i D OIR €CTIONAL ARROW p"w o.o '(c >/ BELLEVUE BLVD (1) 24" STOP BAR &STOP SIGN EXISTING 15" STORM v .P y I ° 10;1 I 0 I p' 1 °. 9 \�9 I I ( 1 , �p I 1. 1 I I SAW CUT & REMOVE 1,360 SF OF EXISTING PAVEMENT FOR 15't LANDSCAPE BUFFER -- 6" D.I.P. F.S. - 6"x6" TAPPING SLEEVE & VALVE SAW CUT, REMOVE, & REPLACE EXISTING ASPHALT 1 FIRE HYDRANT ASSEMBLY EXISTING 6" DIP WM �-- (1) 24 STOP BAR & STOP SIGN �.� EXISTING CUSTOMER PARKING SIGNS TO BE REMOVED PROPOSED MONUMENT SIGN SAW CUT & REMOVE 1,191 SF ------•OF EXISTING PAVEMENT FOR 15' LANDSCAPE BUFFER REMOVE EXISTING DRIVEWAY & MATCH EXISTING RIGHT -OF -WAY -- E)=I1TI0NS5" STORM EXISTING SIGN B TO BE REMOVED (2) 20'x20' SIGHT VISIBILITY I, TRIANGLES (TYP.) q9 m 1�yp v 17�' Opg 4 3 6 L2 w 1 2 3 4 1 5 8 Q, ALMA ST 10 6 1 7 1 8 9 9 4 (1) 24" STOP BAR & STOP SIGN CUSTOMER PARKING 5' CONC. SIDEWALK H.C. ACCESSIBLE ROUTE 10011 1,. '----_EXISTING SIGN A -- . TO BE REMOVED SAW CUT & REMOVE 1,220 SF STREET 14 13fi F .v,M Y, 5 :•m �i,. i;l PROJECT BOUNDARY X ''��'•`•' EXISTING TREE TO BE REMOVED `•��-- • `' ' 5 12 ,,g PROPOSED INTERIOR LANDSCAPED AREA 18 S 13, ' i � j+ j//WN // WILDSVOOD ST v A , lah Z N F- V 14 jrp ^^ €i< Cn 18 17 W 9 8 7 6 6 = Existing Pine Tree 11 12 W 16 5 MI 10 13 20 Q 19 CT V) 1 4 2 1 %�4 0 WOODLAWN (1) 24" STOP BAR & STOP SIGN CUSTOMER PARKING 5' CONC. SIDEWALK H.C. ACCESSIBLE ROUTE 10011 1,. '----_EXISTING SIGN A -- . TO BE REMOVED SAW CUT & REMOVE 1,220 SF STREET r-= Cot M M o � r< o con I� M_ r--t LEGEND (TYP,) TYPICAL 5' LANDSCAPE BUFFER PROJECT BOUNDARY X ''��'•`•' EXISTING TREE TO BE REMOVED `•��-- • `' ' PROPOSED ASPHALT PAVEMENT o PROPOSED INTERIOR LANDSCAPED AREA 701 ENTERPRISE ROAD EAST, SUITE 404 PROPOSED LANDSCAPED AREA j//WN // ITEM TO BE REMOVED . , EXISTING LANDSCAPED AREA F- V = Existing Light Pole PM = Existing Palm Tree PI = Existing Pine Tree OA = Existing Oak Tree MI = Existing Mimosa Tree CT = Existing Citrus Tree IN 5 EXISTING SPOT ELEVATION %�4 0 PROPOSED SPOT ELEVATION r-= Cot M M o � r< o con I� M_ r--t OF EXISTING PAVEMENT FOR GENERAL NOTES: � o 5' LANDSCAPE BUFFER F " 1. ENGINEERMNDSCAPE ARCHITECT: KEITH ZAYAC & ASSOCIATES, INC. >,--- (1) 24 STOP BAR & R1 -1 STOP SIGN w z o 701 ENTERPRISE ROAD EAST, SUITE 404 " SAFETY HARBOR, FL 34695 EXISTING 6 DIP WM H- F- V Z (727) 793 -9888 Bus U O rr (727) 793 -9855 Fax 6 EXTRUDED CURB TO 0 M 0 M w _ BE INSTALLED ALONG E.O.P. (TYP.) V) w to 2. SITE ADDRESS: 1460 SOUTH MISSOURI AVENUE 1� w SAW CUT &REMOVE 15x133 (1,995 SF) CLEARWATER, FLORIDA 33756 e - OF EXISTING PAVEMENT FOR PARCEL ID: 22129115122968/000 /0131 ® W z � � OF EXISTING PAVEMENT FOR GENERAL NOTES: � o 5' LANDSCAPE BUFFER F " 1. ENGINEERMNDSCAPE ARCHITECT: KEITH ZAYAC & ASSOCIATES, INC. >,--- (1) 24 STOP BAR & R1 -1 STOP SIGN w z o 701 ENTERPRISE ROAD EAST, SUITE 404 " SAFETY HARBOR, FL 34695 EXISTING 6 DIP WM H- F- V Z (727) 793 -9888 Bus rr (727) 793 -9855 Fax 6 EXTRUDED CURB TO 0 M 0 M w _ BE INSTALLED ALONG E.O.P. (TYP.) a- n• to 2. SITE ADDRESS: 1460 SOUTH MISSOURI AVENUE SAW CUT &REMOVE 15x133 (1,995 SF) CLEARWATER, FLORIDA 33756 - OF EXISTING PAVEMENT FOR PARCEL ID: 22129115122968/000 /0131 ¢ 15' LANDSCAPE BUFFER 22/291151996B4/00010070 PAVEMENT TO BE REMOVED & SODDED (TYP.) LAND USE:: "CG" ��- - 6" D.I.P. F.S. EXISTING ZONING: "C" COMMERCIAL 3. PRESENT USE VEHICLE DISPLAY, AUTOMOTIVE SALES & SERVICE 6 "x6" TAPPING SLEEVE & VALVE 4. DEVELOPED USE VEHICLE DISPLAY, AUTOMOTIVE SALES &SERVICE "--- SAW CUT, REMOVE, & REPLACE EXISTING ASPHALT & CURBING �- FIRE HYDRANT ASSEMBLY S. TOTAL CITE AREA 100,783.25 SF (2.31 AC) 6,SETBACKS: REQUIRED PROPOSED 1= EXISTING 15" STORM op 0 1� &MATCH EXISTING RIGHT-OF-WAY CONDITIONS vq9 1 1'11' y1. "1 A DEMOLITION NOTES: �16� 1. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ENVIRONMENTAL TESTING REQUIRED PRIOR TO DEMOLITION. SHEET INDEX # DEMOLITION & SITE PLAN 1 LANDSCAPEIIRRIGATION PLAN 2 0 15' -25' FRONT 25.83' MIN (TO BLDG - EAST) 15.00' MIN (TO PAVEMENT - EAST) C 0' -10' SIDE 14.10' MIN (TO BLDG -SOUTH) 4.90' MIN (TO PAVEMENT - SOUTH) 10' -20' REAR 3.50' MIN (TO BLDG - WEST) 3.50' MIN (TO PAVEMENT - WEST) SITE DATA TABLE: EXISTING: PROPOSED(COMMERCW.1: REQUIRED (COMMERCIAL): C A. TOTAL. SITE AREA: 100,783.25 SF (2,31 AC) 100,78325 SF (2.31 AC) 100,783.25 SF (2.31 AC) B. TOTAL OPEN SPACE: 42,122.37 SF (0.96 AC) 51,554.53 SF (1.18 AC) WA C. BUILDING FOOTPRINTS: 5,826.52 SF (0.05 FAR) 4,956,52 SF (0.04 FAR) 55,430.78 SF (0.55 FAR) D: W > - rn - O z N E. SIDEWALKIDECK/PAVED AREA: 52,834.36 SF 44,272,20 SF NIA g ai F. TOTAL. IMPERVIOUS AREA: 58,660,88 SF (0.58 ISR) 49,22832 SF (0.481SR) 95,744.08 SF (0.951SR) G. PARKING SPACES: 24 3D tm: I-- H. VEHICULAR AREA: 52,834.36 SF 42,5B1.20 SF NIA_ on I. INTERIOR LANDSCAPE AREA: 0.00 SF 6,341.33 SF (14.69 %) 5,109,74 SF (12 %) x 19 . , Z r z 8. REQUIRED PARKING: 39 SPACES (2.5 PER 1000 SF LOT SALESNEHICLE DISPLAY AREA) PROPOSED PARKING: 24 SPACES • 9. AUTO DETAIL SERVICE IS A SUPPORT SERVICE TO VEHICLE SALES /SERVICE, RETAIL CUSTOMER SERVICE NOT AVAILABLE 10. ALL DISTURBED GRASS WITHIN RIGHT -OF -WAY SHALL BE SODDED. 11. ALL UNUSED DRIVEWAY APRONS AND /OR PARKING SURFACES MUST BE REMOVED IN ITS ENTIRETY, BY THE CONTRACTOR W AT THE APPLICANTS EXSPENCE, AND REPLACED WITH CURB AND SIDEWALK TO MATCH EXISTING CONDITIONS DRAWN BY: RM 13. A COMPREHENSIVE SIGN PACKAGE WILL BE SUBMITTED CHECK BY: KZ UNDER A SEPARATE PERMIT APPLICATION. ORIGINAL DATE 05.18.05 14. THERE ARE NO ENVIROMENTALLY UNIQUE AREAS ON SITE. SHEET Q 13. PER SECTION 3- 1204.1-1, PLANTS IN SIGHT TRIANGLES MUST BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS IN ARTICLE 3, DIVISION 9, TO MINIMIZE TRAFFIC HAZARDS. � OF FOR PERMITTING PURPOSES ONLY ISSUE DATE: 05.09. 0 r V) I E 0 N bi °o N C M Section 22, Township 29 South, Range 15 East, County of Pinellas, State of Florida SURVEYOR'S REPORT MAP OF BOUNDARY SURVEY: I. THE MAP AND REPORT ARE NOT FULL AND COMPLETE WITHOUT THE OTHER. LEGAL DESCRIPTION: (SEE DATA SOURCE 2) ABBREVIATIONS LEGEND SYMBOLS LEGEND_ L o t 1 1 , Less t h e West 125 f e e t thereof, A.H. DUNCAN' S SUBDIVISION of the East 1/2 at the AC = Acres FIR = Found Iron Rod and Cap PID = Permanent Identification Number + = Aerial Target ® = Metal Post Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the Public A/C = Air Conditioner FN = Found Nail R = Propertyj_.ine ® = Monitoring Well ,l =Bench Mork. Records of P i n e l l a s County, F l o r i d a . ACOE = Army Corp. of Engineers FND = Found PLS = Professional Land Surveyor CPS G = Parking Meter TOGETHER WITH ® = Cable TV Box ADW = Asphalt Driveway FN &D = Found Nail and Disk POB = Point of Beginning = Cable TV Paint Stripe RWPS = Reclaimed Water Paint Stripe ® = Reclaimed Water Box ADS = Advance Drainage Systems FIFE = Finished Floor Elevation POC = Point of Commencement 0 = Communications Manhole w Lot 12, Less and Except the East 20 feet thereof, A.H. DUNCAN'S SUBDIVISION of the East ASPH = Asphalt FN &TT = Found Nail and Tin Tab POL = Point on Line Igo = Reclaimed Water Valve �jt = Concrete Light Pole 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 22, Township 29 South, Range 15 (S = Sanitary Sewer Manhole East, according to the map or plat thereof, as recorded in Plat Book 5, Page 26, of the B/C = Back of Curb FOP = Found Open End Iron Pipe PRM = Permanent Reference Monument A = Concrete Post BCCM = Board of Count Commissioners Minutes Book FPB = Florida Power Corporation Box PSM = Professional Surveyor and Mapper � = Concrete Utility Pole O = Sanitary Cleanout Public Records of Pinellas County, Florida. Y P Y PP BFPD = Back Flow Prevention Device FPC = Florida Power Corporation PT = Point of Tangency \ Point @ = Drainage Manhole SANDS= Sanitary Sewer Paint Stripe TOGETHER WITH BLDG = Building FPP = Found Pinched Iron Pipe PVC = Polyvinyl Chloride Pipe ITE B = Electric Box = Section Corner Lots 7,8,9 and 10, ZEPHYR HILL SUBDIVISION, as r e c o r d e d in P l o t Book 24, page 88 of the BNDY = Boundary FRRS = Found Railroad Spike (R) = Recorded Data 0 = Electric Manhole = Siamese Connection Pub 1 i c Records of P i n e l l a s County, F l o r i d a . BWF = Barb Wire Fence FT = Feet RCP = Reinforced Concrete Pine FPCPS = FPC Paint Stripe = Sign TOGETHER WITH (C) = Calculated Data F/T = Fence Tie RLS = Registered Land Surveyor ° = FPC Pedestal ® = Sprinkler Control Box C/C = Covered Concrete FXC = Found X —cut RNG = Range V = Fire Hydrant = Sprinkler Head The West 125 feet of the East 145 feet of Lot 13, A.H. DUNCAN'S SUB. OF CLARA E. DUNCAN'S CCCL = Coastal Construction Control Line G/A = Guy Wire Anchor R/W = Right of Way 0 = Flag Pole STMPS = Storm Water Paint Stripe SUB. OF THE EAST 1/2 OF NE 1/4 OF SW 1/4 SEC 22 T.29S R.15E, as recorded in Plat Book 5, CCR = Certified Corner Record GE = Grate Elevation S = South PSI= Gas Line Mcr;<er � = Traffic Signal Box page 26 of the Public Records of Pinellas County, Florida. = Gas Filler Ca CDW = Concrete Driveway GI =Grate Inlet SCM =Set Concrete Monument, 4 "x4 ", PRM LB 6707 �Qy P rP = Traffic Signal Pole Cl = Curb Inlet GV = Gas Valve SCM(W) = Set Concrete Monument, 4 °x4 ", Witness LB 6707 D4 = Gas Valve WPS = Water Line Paint Stripe ACCURACY: q = Center Line IE = Invert Elevation SEC = Section © = Gas Meter Box ® = Water Meter CLF = Chain Link Fence INV = Invert SHW = Seasonal High Water Elevation 2LPS = Gas Line Paint Stripe A = Water Valve I . THE ACCURACY STANDARD USED FOR THE HORIZONTAL CONTROL FOR THIS SURVEY, AS CLASSIFIED IN THE MINIMUM TECHNICAL STANDARDS (61G17 -6 FAD), IS "COMMERCIAL /HIGH RISK ".. THE MINIMUM CM = Concrete Monument JD = Jurisdictional SIR = Set 5/8 "Iron Rod and Cap, FDC LB 6707 ® = Grate Inlet 10.-) = Wood Utility Pole RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS I FOOT IN 10,000 FEET. THE ACCURACY CMP = Corrugated Metal Pipe LB = Corporate Certification Number SIR(W) = Set 5/8 "Iron Rod and Cap, FDC LB 6707 WITNESS PT © = GTE Manhole = Wood Light Pole OBTAINED BY MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS I FOOT IN 59,175 CO = Clean out LP = Light Pole SLY = Southerly �Q�= GTE Pedestal =Wood Post FEET. CONC = Concrete LS = Licensed Surveyor SMH = Sanitary Manhole = GTE Marker . 2. CONTROL MEASUREMENTS WERE MADE WITH A TRANSIT AND STEEL TAPE , OR DEVICES WITH COR = Corner MAS = Masonry SN &D = Set Nail and Disk, FDC LB 6707 = Guy Wire EQUIVALENT OR HIGHER DEGREES OF ACCURACY. CPB = Condo Plat Book MES = Mitered End Section SN &D(W) = Set Nail and Disk, FDC LB 6707 WITNESS PT = Light Pole = Point of Elevation C/S = Concrete Slab MH = Manhole SQ = Square MB = Mail Box 25.2' = Calculated Dimension from Structure to Boundary /Right —of —Way Line C/T = Curb Tie MHW = Mean High Water SR = State Road DATA SOURCES: t DB = Deed Book MOL = More or Less STY = Story I. THE BASIS OF BEARINGS FOR THIS SURVEY IS THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, BEING ASSUMED AS S000 19' 30 "E , AS SHOWN ON THE MAP OF DCVA = Double Check Valve Assembly N =North S/W = Sidewalk SURVEY. DNR = Department of Natural Resources N/C = No Cap TBAR = Iron Bar 2" Tee DEPT = Department N/F = Not Found TOB \TB = Top of Bank LINETYPE LEGEND) 2. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF AN ATTORNEYS' TITLE INSURANCE FUND, I NC . , DIA = Diameter NAD = North American Datum TRAV = Traverse TITLE COMMITMENT, AGENT FILES 0- 10006, 07 -10007 AND 07- 10008. THE LEGAL DESCRIPTION SHOWN HEREON IS PER SAID COMMITMENTS. DIP = Ductile Iron Pipe NAVD = North American Vertical Datum (TYP) = Typical • • • = Boundary Line DMH = Drainage Manhole NGS = National Geodetic Survey TWP = Township _ 3. THIS SURVEY WAS PREPARED WITH THE BENEFIT OF THE FOLLOWING PLATS: (a) A.H. DUNCANS E =East NGVD = National Geodetic Vertical Datum U/P = Utility Pole = Center Line SUB. OF CLARA E. DUNCANS SUB. OF THE EAST 1/2 OF NE 1/4 OF SW 1/4 SEC 22 T.29S R.15E, AS _ RECORDED IN PLAT BOOK 5, PAGE 26; (b) ROSE -ANN SUBDIVISION AS RECORDED IN PLAT BOOK 59, ECMP = Elliptical Corrugated Metal Pipe NLY = Northerly VCP = Vitrified Clay Pipe = Easement Line PAGE 6; AND (c) ZEPHYR HILL SUBDIVISION, AS RECORDED IN PLAT BOOK 24, PAGE 88; ALL OF THE EL = Elevation NP = Normal Pool Elevation W = West — — = Edge of Water PUBLIC RECORDS OF PINELLAS COUNTY , FLORIDA; EOW = Edge of Water (NR) = Non Radial W/ = With E/P = Edge of Pavement 0/A = Overall WCA = Wetland Conservation Area = Jurisdictional Line LIMITATIONS' ° EPC = Hillsborough County Environmental OHW = Overhead Wire W/F = Wood Fence — — = Right —Of —Way Line _ _ _ _ _ _ I. USE OF THIS SURVEY BY ANYONE OTHER THAN THOSE PREPARED FOR /CERTIFIED T0, WILL BE THE Protection Department ORB = Official Record Book WLY = Westerly = Section Line RE -USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR. ERCP = Elliptical Reinforced Concrete Pipe (PA) = Property Appraisers Map Data WM = Water Meter Top Bank or Top of Berm ESMT = Easement PB = Plat Book WUP = Wood Utility Pole ^ ^ = 2. THERE MAY BE ADDITIONAL EASEMENTS AND /OR RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY (F) = Field Data PC = Point of Curvature W T = Wall Tie • • • = Toe of Sloe or Grade Break BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. FCM = Found Concrete Monument PCED = Pinellas County Engineering Department WV = Water Valve 3. THE LOCATIONS OF THE UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES WERE PERFORMED FDOT = Florida Department of Transportation PCP = Permanent Control Point xx' = Degrees BY A FIELD SURVEY AND ONLY LOCATED AS SHOWN ON THE FACE OF THE SURVEY. ONLY THE FH = Fire Hydrant PG(S) = Pages + xx' = Minutes (Bearings) UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES WHICH WERE VISIBLE FROM GROUND LEVEL TO THE SURVEYOR ON THE ACTUAL DAY OF THE FIELD SURVEY WERE LOCATED. NO EX aVATIONS OR PI = Point of Intersection xx „ = Seconds (Bearing) SUBSURFACE FN KIND-WERE-PERFORMED-BY EIN xx' = Feet (Distances) DOCUMENT LEGEND, OF ANY UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES . THE SURVEYOR MAKESO "GUARANTEE THAT THE UNDERGROUND UTILITIES AND /OR THEIR APPURTENANCES SHOWN COMPRISE•,ALL SUCH (L) = LEGAL DESCRIPTION DATA UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. • (Pi) = PLAT BOOK 5, PACE 26 DATA 4. PRINTED DIMENSIONS SHOWN ON THE SURVEY SUPERSEDE SCALED DIMENSIONS. THERE MAY BE ITEMS (P2) = PLAT BOOK 24, PAGE 88 DATA DRAWN OUT OF SCALE TO GRAPHICALLY SHOW THEIR LOCATION. EASEMENTS RIGHT —OF —WAY: (C) = CALCULAiED DATA 5. SUBSURFACE FOUNDATIONS AND THEIR LOCATIONS HAVE NOT BEEN DETERMINED. I. THE 20.00 FOOT RIGHT -OF -WAY WEST OF AND ADJACENT TO THE EAST LINE OF THE SOUTHWEST 1/4 (D) = OFFICIAL RECORDS BOOK 431, PAGE 562 DATA OF SECTION 22, IS ACCORDING TO THE PLAT OF A.H. DUNCANS SUB. OF CLARA E. DUNCANS SUB. OF (D1) = OFFICIAL RECORDS BOOK 14469, PAGE 744 DATA 6. IRRIGATION EQUIPMENT AND /OR THEIR APPURTENANCES HAVE NOT BEEN LOCATED UNLESS OTHERWISE THE EAST 1/2 OF NE 1/4 OF SW I/4 SEC 22 T.29S R.15E (SEE DATA SOURCE 3) (p2) = OFFICIAL RECORDS BOOK 8589, PAGE 2127 DATA SHOWN HEREON, 2. NO FORMAL DEDICATION AS RIGHT -OF -WAY WAS GIVEN FOR THE EAST 20.00' OF LOT 12 OF A.H. 7. ORIGINAL FIELD WORK WAS COMPLETED ON 7 -26 -2003 AND IS CONTAINED IN FIELD BOOK 787, DUNCANS SUB. OF CLARA E. DUNCANS SUB. OF THE EAST 1/2 OF NE 1/4 OF SW 1/4 SEC 22 T.29S PAGES 21 THROUGH 23, FIELD WORK FOR REVISION I WAS COMPLETED ON 8 -01 -2003 AND IS CONTAINED R.15E IN FIELD BOOK 787, PAGES 24 THROUGH 26. FIELD WORK FOR REVISION 2 WAS COMPLETED ON 8 -12 -2003 AND IS CONTAINED IN FIELD BOOK 787, PAGES 27 THROUGH 29. FIELD WORK FOR REVISION THE FOLLOWING ARE PER SCHEDULE B -11 OF THE TITLE COMMITMENT REFERENCED IN DATA SOURCES 2: 4 WAS COMPLETED 3- 28 -07. 3. Subject to a Florida Power Corporation Easement contained in instrument recorded 8. CALCULATED (C) GEOMETRY SHOWN HEREON WAS CALCULATED USING FIELD LOCATED POINTS. 10/06/1958 in O.R. Book 431, Page 562 in the Public Records of Pinellas County, Florida. [AS SHOWN ON THE MAP OF SURVEY) 9. SHOWN ANYWHERE ON THIS SURVEY, THE WORD "CERTIFY" IS UNDERSTOOD TO BE AN EXPRESSION OF c A PROFESSIONAL OPINION BASED UPON THE SURVEYOR'S BEST KNOWLEDGE, INFORMATION AND BELIEF, 4. Subject to an easement for ingress and egress recorded 10/15/1958 in O.R. Book 439, a N AND THAT IT THUS CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY. Page 633 and re- recorded 07/20/2005 in O.R. Book 14469, Page 744 in the Public Records of 0 Pinellas County, Florida. [AS SHOWN ON THE MAP OF SURVEY] E L 10. NO INFORMATION ON ADJOINING PROPERTY OWNERS WAS SUPPLIED TO THE SURVEYOR. 0- 5. Subject to a Florida Power Corporation Easement recorded 09/02/75 in O.R. Book 4324, C 11, HORIZONTAL DIMENSIONS FROM BOUNDARY LINES TO LOCATED ITEMS WHICH USE SYMBOLS (SEE Page 1740, Public Records of Pinellas County, Florida. [THIS DOCUMENT STATES "The Easement SYMBOLS LEGEND) ARE MEASURED TO THEIR CENTER. Area shall extend 5.0 feet on each side of the center line of power line ". THIS IS A BLANKET TYPE EASEMENT THAT ONLY AFFECTS LOT 12, A.H. DUNCAN'S SUBDIVISION] BOUNDARY INCONSISTENCIES: 6. Subject to easement for ingress and egress of the east 35 feet of the north 7 feet of .°c ANY ANGULAR AND /OR DIMENSIONAL DISCREPANCIES BETWEEN THE LEGAL DESCRIPTION(S) AND THE Lot 9, Zephyr Hill Subdivision, as set fourth in O.R. Book 8589, Page 2127, Public Records FIELD LOCATED OCCUPATION BOUNDARY CORNERS, AND BOUNDARY CORNERS WITH MULTIPLE BOUNDARY of Pinellas County, Florida, [AS SHOWN ON THE MAP OF SURVEY] 3 MONUMENTS ALONG WITH THEIR CORRESPONDING QUADRANT DIRECTIONAL MISSES, ARE SHOWN ON THE MAP OF SURVEY. 7. Subject to easement for ingress and egress of the east 35 feet of the Ssouth 7 feet of 3 Lot 10, Zephyr Hill Subdivision, as set fourth in O.R. Book 8589, Page 2127, Public 0 Records of Pinellas County, Florida. [AS SHOWN ON THE MAP OF SURVEY] m APPARENT PHYSICAL USE: PREPARED FOR: 0 THE SUBJECT PROPERTY IS USED AS AN AUTOMOTIVE DEALERSHIP. 0 TMJ OF PINELLAS COUNTY, INC. a� CERTIFIED TO: o SURE TITLE, LLC o ATTORNEYS' TITLE INSURANCE FUND, INC. E REGIONS BANK TMJ OF PINELLAS COUNTY, INC. a- o U C SURVEYOR AND MAPPER IN RESPONSIBL a E CHARGE: a C 0 JOHN EVERETT MAGEE PROFESSIONAL SURVEYOR AND MAPPER ORIGIM rn LICENSE NUMBER LS 6340 STATE OF FLORIDA o mAY 14 2007 U pLANt11t4G DEPARTMENT C,Tf Op CLEAPWATFR 0 V) LAST DATE OF REVISION 4 FIELD WORK: 3 -28 -2007 U LAST DATE OF REVISION 3 FIELD WORK: 12 -5 -2003 C: LAST DATE OF REVISION 2 FIELD WORK: 8 -12 -2003 _ w ' ,� 1e "���,� ,n LAST DATE OF REVISION 1 FIELD WORK: 8 -01 -2003 THE MAP AND REPO T AR X11 L *D,'COMPLETE WITHOUT THE OTHER o �. DRAWN SHEET INDEX, JOB NUMBER, EPN, SURVEY MAP AN jiF,(tQY�Ti E ijl);'S; HEREOF ARE NOT SUBJECT, SHEET DESCRIPTION, 699 -177 26 VALID WITHOUIt�1H l RE ANO "4•" ^'aRIGINAL RAISED 1. SURVEYORS REPORT PROJECT DATA BASE, SEAL OF A FjkQRIDA' L�OLNSEDr'SURVE1A AND MAPPER. _o JEB FLORIDA DESIGN CONSUL TAMTS INC. 699 -177 FA .r r� CHECKED 4 3 -29 -07 UPDATE BOUNDARY LCS JEM 2. MAP OF SURVEY FIELD BOOK NUMBER 8 PAGES, d < o 91 ENGINEERS, ENVIRONMENTALISTS, SURVEYORS 8 PLANNERS 4 % ", r . A �.� ' I o 3030 Starkey Blvd. New Port Riche FL, 34655 KP23 Enterprises Inc. BOUNDARY SURVEY 3 12 -05 -03 UPDATE BOUNDARY SMB SMB SEE SURVEYORS REPORT ,•" ;• �' :' + SHEET JEB Tel, (727 848 -3648 2 8 -14 -03 ADD LOTS 7 -10,13 FOR NEW BOUNDARY JEB SMB LAST DATE OF ORIGINAL FIELD WORK, s (727) 849 -7588 - Fax, QUALITY CONTROL 7 -26 -2003 ni" EVE b 1 8 -04 -03 UPDATE TO NEW TITLE COMMITMENT ADDING LOT 11 JEB SMB ADDITIONS OR DELETIONS TO SURVEY MAPS r, Certificate of Authorization: LB 6707 SCALE, PRO SIOt3'AL,, 9, 0 N3 MAPPER DUALITY OR REPORTS BY OTHER THAN THE SIGNING LICENSE,�'N x340 2 0 SMB State of Florida NO, DATE REVISIONS BY CONTROL PARTY OR PARTIES IS PROHIBITED. NONE STATE ; „r IDA of O c 0 E M 0 0 N FCM 3"x3" 125.02'(C) 6' Pvc W/ NAIL F /C� 0.2'N 0.5'W OH LOT 7 LOT 8 PB 59, PG 6 PB 59, PG 6 1 STY MAS BLDG 1 STY MAS BLDG #1150 #1156 324.25'(C)O/A 325'(P1)O/A S89'16'15 "E(C,F) 199.23'(C,F) 6' W/F 6' PVC PVC W/F 0.4'S 1,0'S LOT 11 PB 5, PG 26 (VACANT) N89- 10 3 "W(C,F) 1 STY MAS BLDG #1467 LOT 14 PB 5, PG 26 OH 199.10'(C,F) 325'(P1)O/A 324.12'(C)O/A LOT 9 PB 59, PG 6 1 STY MAS BLDG F/C 1,2 N #1158 0.3'W LOT 9 PB5,PG26 S89'16'15 "E(C,F) 6 CLF •6' PVC ' ' CLF 0.5'N C /S =1.2'S ' 4' CLF � 6' PVC CONC FIR 3/4" N/C C/S E/P FOP 1" / 0.29'N, 0.OTE MATCH LINE A (SEE THIS SHEET) EB U_ LOT 8 a PB 24, PG 88 U U O Z 001% 1 LOT 13 U_ 3 °; o N PB 24 0 `O CONC -0 O PG 88 o O 0': NC /S N O N LL. a- I 10 LOT 6 40 L1 CV PB 59, PG 6 \ 25.0'- -/ 3.9' LOT 7 W M LAST DATE OF REVISION 1 STY MAS BLDG N89'16'13"W (C,F) `� ,/ / 1 STY PB 24, PG 88 Q #1146 LOT 14 tf) a ^ C CONC D 6 /MAS BLDG /N p CLF PB 24 3 F/C 1.0'N / NO # j CONC m °a U 0.7'r� _ `O 17.3'E O / U 4' CLF `� 4' �G� L0 , /�� ` 125.02'(C) J FCM 3"x3" 30.9' -� 2 .9' 0� 38.8 1° 0 10 20 40 W/ NAIL O C)j 125'(C) cn W � 'to Q 1 STY MAS BLDG Z 0.6'N, 1.1'E 6' PVC FENCE C F /T =0.4'N #1451 F /T= OU -- N00'22'12 "W(F) LL J W N W U 0 132.00'(F) ASPH V- o M s/w WOOD POST = oolom ft CONC s /w III Q t. 2.3'w `. Ld Opp ( m o 0 0_ .. 1 STY MAS BLDG Z #1453 U � O S O ` 1- U w C/S 'y N O J CURB CUT (TYP) W 125' OF C4w' • BL = LOT 13 LOT 11 ' � CONC U PB 5, PG 26 rn N (NOT INCLUDED) O cv N SHED 3.0'W Z O O O Z WOOD O 1 STY MAS BLDG SHED #1455 SHED GTE =0.6'E 3.1'W T FCM 3"x3" 125.02'(C) 6' Pvc W/ NAIL F /C� 0.2'N 0.5'W OH LOT 7 LOT 8 PB 59, PG 6 PB 59, PG 6 1 STY MAS BLDG 1 STY MAS BLDG #1150 #1156 324.25'(C)O/A 325'(P1)O/A S89'16'15 "E(C,F) 199.23'(C,F) 6' W/F 6' PVC PVC W/F 0.4'S 1,0'S LOT 11 PB 5, PG 26 (VACANT) N89- 10 3 "W(C,F) 1 STY MAS BLDG #1467 LOT 14 PB 5, PG 26 OH 199.10'(C,F) 325'(P1)O/A 324.12'(C)O/A LOT 9 PB 59, PG 6 1 STY MAS BLDG F/C 1,2 N #1158 0.3'W LOT 9 PB5,PG26 S89'16'15 "E(C,F) 6 CLF •6' PVC ' ' CLF 0.5'N C /S =1.2'S ' 4' CLF � 6' PVC CONC FIR 3/4" N/C C/S E/P FOP 1" / 0.29'N, 0.OTE MATCH LINE A (SEE THIS SHEET) EB U_ LOT 8 a PB 24, PG 88 U U O Z 001% 1 LOT 13 U_ 3 °; o N PB 24 0 `O CONC -0 O PG 88 o O 0': NC /S N O N LL. a- I 10 30.8' 38.9' 40 L1 CV z \ 25.0'- -/ 3.9' LOT 7 W M LAST DATE OF REVISION 3 0 N89'16'13"W (C,F) `� ,/ / 1 STY PB 24, PG 88 Q I N89- 20-09"W P2 LOT 14 tf) a ^ C CONC D 6 /MAS BLDG /N p PB 24 v / NO # j CONC m °a U PG 88 `n O Z O O Z 0 �G� L0 , /�� Q co 30.9' -� 2 .9' 0� 38.8 1° 0 10 20 40 < O C)j i = - COVERED bl III cn W � 'to Q _ �- CONC r 48.9 "' Z 0.6'N, 1.1'E 6' PVC FENCE C F /T =0.4'N F /T =0.8'W F /T= OU 4 OHW " 1 OHW °�� ,° ti� FDC 5L 8 N89'20'09 "W (P2,F) 93.64'(P2,F) FDC 5LB8" LOT 15 6707 LOT 6 6707 PB 24, PG 88 4 PB 24, PG 88 CURB CUT (TYP) 2,F) CONC LL Q. 0 O CV M U W 0 in 00 0 0 C10 C/S C /S =1.5'N C /S =1.7'N FIR 5/8" °'1'S N89@16'13 "W(C,F) FDC LB 6707 METAL TRAILER FOP 1" 0.07'S, 0.21'E FND METAL TBAR 0.24'S, 0.33'W 0 10 20 40 L1 N89'16'13 "W (C,F 10.00' C,F L1 DRAWN SUBJECT. JEB FLORIDA DESIGN CONSULTANTS, INC. CHECKED ENGINEERS, ENVIRONMENTALISTS, SURVEYORS 8 PLANNERS 3030 Starkey Blvd. New Port Riche FL, 34655 KP23 Enterprises, Inc. JEB Tel, (727) 849 -7588 - Fax. (727 848 -3648 i QUALITY CONTROL Certificate of Authorization: LB 6707 SMB State of Florida S 1/4 COR OF SEC 22- 29S -15E FOUND PCED PLS 4238( *) CCR #056251 SHEET DESCRIPTION BOUNDARY SURVEY LOT 12 PB 5, PG 26 (- - - -- -- - - - - -- m 41 0,1'S o a 232'(D1) C°! 212'(01) o 0 6' CLF q)-._ 7T- 6' 20'(pi) - 172.62'(C,F) 317 62'(0 0 A 3 ASPH w C/S 318'(P1)O/A 317.60'(C)O/A 297.60'(C,F) o--V -o III ASPH w tit - - - - - -- 23140'(D1) - - - - - - - - - - - 0y 15' ESMT PER ORB 14469, PG 744 BLDG= 0,1'S,0.3'W 318'(P1)o%A I I 1 STY METAL BLDG I I FND METAL TBAR W am. W^ I N0 I I I I I I I I I I LOT 13 I I PB 5, PG 26 0 IN �I 1:2 MI I I LINE TABLE LINE BEARING DISTANCE L1 N89'16'13 "W (C,F 10.00' C,F L1 N89'20'09 "W P2 LAST DATE OF REVISION L2 N89'16'13"W (C,F) 10,00' (C,F) L2 I N89- 20-09"W P2 I I I I I I I L- 2o'(D1) - J LAST DATE OF REVISION 4 FIELD WORK: 3 -28 -2007 LAST DATE OF REVISION 3 FIELD WORK: 12 -5 -2003 LAST DATE OF REVISION 2 FIELD WORK: 8 -12 -2003 LAST DATE OF REVISION 1 FIELD WORK: 8 -01 -2003 1 STY MAS BLDG (UNDER CONSTRUCTION) #1460 C/S MII r m;^ in 1Y U mm 125.00'(C) � vl 1/ A BRICK(TYP) 1/ A Section 22, Township 29 South, Range 15 East, County of Pinellas, State of Florida CEN OF SEC 22- 29S -15E FOP 1-1/2"(*) FIR 5/8" CCR SUBMITTED Z (V ? FDC LB Z O a II 6707 M W W E _y� w ^ P / 20.00'(C) 4 OH LL_ 00 S /W =0.2'E O E /P =8.2'E M N LO LID LABELED "GULF m °a U co MACHINERY CO" - - - - O Z O C14 0 H{ N Q co 0 10 20 40 < O C)j w W � \ Q I N U_ U LL J W N W U Of ASPH Z IL > I V) oolom ft III U t. �ZQ �a `. Ld Opp ( m o 0 0_ .. L O it U w _ I U � 0) S O ` 1- U w W 'y N O J CURB CUT (TYP) w C/S I V) U fur O C/S t iU2 E P 20.00'(0) \ 20.00'(P) '120 05C(C) 61.8' S /W =0.2'E FIR 5/8" E /P =8.1'E FDC LB 6707 ^ L LL_ I w C/S � w I O ) O 1 to 1 ILo v" LOT 13 00 V PB5,PG26 N MANHOLE FILLED W /DIRT /1I' LID LABELED "GULF MACHINERY CO" - - - - j 1.3' CONC COLUMN (TYP) Q co 3os/ I O3.5'E < O -CONC ISLAND So BLDG G / \ DO 28.8' -I 61.8' U L_ ft III L� t. BLDG OVERHANG U :- W 125' OF W 'y N E 145' OF- CURB CUT (TYP) BL = LOT 13 O ' � CONC rn O 3 r Z O CARPORT W O U O a 0 FN &D FDC 5' ESMT PER 431, PG 562 ORB LB 6707 a BLDG =5.S N 'E 0.49'NA1 B 0.04'E BLDG =0.5'W 4o'(D) ASPH E/P f SS 2 OHW =0.1'E 20.00 (C) .- FOP 1 " L2 0 ' ° "w 26.0' SIGG -N, L1 .°3C 35.5' 32.2' 3 FIR 5/8" WUP =0.4'E , oHW m o N 1.3' CONC a_ FN &D FDC oo FDC LB 6707 ,2 oNW CONC �� j N COLUMN (TYP) N w LB 6707 FIR 5/8" °W � 0 LB 6960 WUP =1.4'E of ^ ? H v O 0.12'N, 0.15'E 3 1 STY MAS BLDG /� BRICK o `� w a LOT 11 °ton NO # j 4 25.8 � 0 z o PB 24, PG 88 1_%(5 w O � Y 10 ° Q) u z J N U ASPH O ..�� � o N 0 �, _ U M GO M I N C) to n' L1J �/ BRICK O 35.6 a- 14240, 34.1' ( 0 °o _____ F/T =0 3,E 7' ESMT PER ORB E/P I o _ I 8589, PG 2127 F F /T =1.9'E 2 oHw I 7' ESMT PER ORB �_ 8589, PG 2127 LL a ai ---- - - - --a C% V U_ 35,(D2) • Q- 0 CL E LOT 9 P13 24, PG 8 8 ^ o , LOT 12 a RECEIVED o PB 24, PG 88 Lo o w0 CONC -0 t o LO CD O C/S m t'�� 14 2007 O L I z I PLANNING DEPARTMENT Z L) CITY OF CLEARWATER ` CV I O �3 ONi.. 6' W/F , 3 4 3 -29 -07 UPDATE BOUNDARY 3 12 -05 -03 UPDATE BOUNDARY 2 8 -14 -03 ADD LOTS 7 -10,13 FOR NEW BOUNDARY 1 8 -04 -03 UPDATE TO NEW TITLE COMMITMENT ADDING LOT 11 NO. DATE REVISIONS N C O MATCH LINE A (SEE THIS SHEET) ( *)= CORNERS NOTL�F�� tE�tQ RIFIED FOR REVISION 4 .2' THE MAP AND REPORT A'R %fiE1'1".FULI,• OMPLETE WITHOUT THE OTHER o SHEET INDEX, JOB NUMBER, EPN, SURVEY MAP NV. i,�,'. E;QF ARE NOT -p 699 -177 26 VALID WITH i T: 1fE , URt ' }b . Q INA.L RAISED 1. SURVEYORS REPORT PROJECT DATA BASE. SEAL OF A't F 6RIDAi N 63 $ R E i1At����f APPER. 0 699 -177 4 T� a r- LCS JEM 2. MAP OF SURVEY + w o FIELD BOOK NUMBER a PAGES. ,1 �) (�, O SMB SMB SEE SURVEYOR'S REPORT c, ! +; i OF [� + SHEET 2 JEB SMB LAST DATE OF ORIGINAL FIELD WORK, \ * e s 7 -26 -2003 ' H ;NL' -�� ERET AG JEB SMB ADDITIONS OR DELETIONS TO SURVEY MAPS SCALE. PROF JONA� �V D PPER a QUALITY OR REPORTS BY OTHER THAN THE SIGNING 1" = 20' LICENS 1, „ r�; g. C) ev CONTROL PARTY OR PARTIES IS PROHIBITED. S ., l d', of O