The URL can be used to link to this page

LUZ2010-06001k CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2 °d FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: Bemk �DN P r MAILING ADDRESS: Please use agent PHONE NUMBER: FAX UMBER: PROPERTY OWNERS: 18SMe * (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: P.O. BOX 6015, Palm Harbor, Florida PHONE NUMBER: 727-804 -1760 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: See Survey PARCEL NUMBER: 02-29 -15- 00000 - 320 -0200 SIZE OF SITE: 1.52 acres FUTURE LAND USE CLASSIFICATION: PRESENT: R/OG . C& a P-0 ZONING CLASSIFICATION: PRESENT O , C , L t-K PROPOSED TEXT AMENDMENT: n/a (use additional paper if necessary) FAX NUMBER: 1- 888 -977 -1179 REQUESTED: CG REQUESTED: C ,U\ Q p I (We), the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PJN�LLAS representations made in this application Sworn to and scribed before me this. day of are true an a e the best my /(our) A.D., 44 -OZ-!g> to me knowle by who is pers nally kn wn has produced 1tyr. c �vL: L:c,s -Q.as identification. Sign K of property owTfe representative Y P •. ' . JARED R. AOLL y := MY COMMISSION N DD 687319 =';; `•a EXPIRES: Jun 20, 2011 5i nature of grope owner or representative Notary public. „y u o ary P .c underwriters odd Pressm res., Pressman & Assoc., Inc., AGENT my commission expires. PRESSMAN AND ASSMC., INC. GOVERNMENTAL AND PUBLIC AFFAIRS P.O. BOX 6015, PALM HARBOR, FL 34684 727 - 804 -1760, FX. (888) 977 -1179 E -MAIL, PRESSINC@AOL.COM DRC Response Issues LUZ 2010 - 06001 -1475 Sunset Point Rd. This communication includes all responses that were raised at the DRC meeting review: 1) Policy A.2.2.3: Development of the site would naturally be directed toward the arterial roadway and commercial activity and away from the residential uses. 2) Countywide Plan Rules, 2.3.3.5.4: There has been consistent, long term and intensive commercial development all along this node, including the introduction of new and changed businesses. This development has spanned the entire length of this intersection including many circumstances of residential uses abutting commercial uses. The long -term nature if this use is compatible with existing similar uses in the immediate vicinity. There are good transportation facilities in the area including mass transit. 3) Community development code section 4- 603.F.3: Compatibility of this use has been established over the long term with existing similar uses in the vicinity. The development patterns of the past have established certain uses to exist in compatibility with other uses that have existed for a long time. 4) Community development code section 4- 602F.1: This criterion or situational issue is understood. 5) Policy A.5.5.1 of the City's Comprehensive Plan: The use proposed does maintain and support the existing character of the neighborhood. 11 . CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2°d FLOOR PHONE (727) -562 -4567 FAX (727) 5624576 INFORMATION REQUIRED FOR APPLICATIONS FOR COMPREHENSIVE PLAN AMENDMENTS ((INCLUDING FUTURE LAND USE MAP AMENDMENT) Please submit 15 copies of the attached Application for Comprehensive Plan Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership. Names of all persons or corporations having a contractual interest in the property. An assessment of the impacts of the proposed change on the adequacy of public facilities, the environment, community character and the fiscal condition of the City Information that demonstrates that the proposed amendment complies with the following standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. 4. Sufficient public facilities are available to serve the property. 5. The amendment will not adversely affect the natural environment. 6. The amendment will not adversely impact the use of property in the immediate area. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. ®R*W RECEM JUL 07 2010 RAl11dN NG DEPARTMEW C" OF CaRWATER Belleair Development Group Comp. Plan Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective — Due to the built -out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial' zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re- developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West — and has worked fine. Comprehensive planning policy: A.6 GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND ENCOURAGE INFILL DEVELOPMENT. A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and /or obsolete areas shall be a high priority and promoted through the implementation of ORRNk redevelopment and special area plans, the construction of catalytic private projects, RECRM city investment, and continued emphasis on property maintenance standards. JUL 07 2,0' PlAiYPUNG DEPARTME11F CN012 CLEARWATER Pg. 2 Belleair The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) By following the principals and directives noted above — basic objectives of the City and the Comprehensive Plan — this proposal is not inconsistent with other elements of the Plan. Because the site is well fit into the existing node and can protect residential uses surrounding, the site is not inconsistent with the Comp. Plan. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. You also need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from Highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site — where they do not on the east side. 4) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 5) the site will be required to restore any natural and landscaping facility to the standard of the code and it will be a huge improvement to what is currently at the site now. Any trees that are substantial will be protected or mitigated. 6) With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. Again, approximately 150'to 160' exist between this site and the residential directly across the street. With Sunset Point Road as a barrier, and new landscaping, and 2 access points on two separate major roadways, there will be no impacts to the residential. Both this residential to the North — and the South - are well protected, but have been in a configuration with intensive commercial uses for a very long time. The critical factor, again, is that this site has fallen in a very bad state of disrepair and this application promises to bring vitality, investment and badly needed renovation to this site — rather than see the site fall into greater disrepair. M80VAL RECERW AWMING DEPAWMEiVr � 'OF CLFARWATFR r. J -:l � � W J= 'r a as i FORM Wt) "wA w..r Np....u.r) sir �., ,., - - -- • -• .. run /� Li w f1'n►%4A?/aMvs.Jgw�rb N 2237 �P 104 .blade this ` � ti l� day of i�u A. D. 1965 i BetWeen FIVE POINTS HOLDING COMPANY l G corporation existing under the laws of the State of Florida havint its principal place of business in the County of Pinellas and State of Florida party of the first part, and THIRD CITY NATIONAL BANK OF CLEARWATER, whose address is: S;;nset Point, Hd & Highiarnu Aven-,;e of the County of Pinellas and State of Florida part y of the second part, Witnesseth, That the said party of the first part,_for and in consideration of the sum of TEN DOLLARS and other valuable .considerations ---- -Dolkm, to ;t in hand paid, the receipt whereof is hereby td- nowledged, nos granted, bar - ., gained, sold, aliened, remised, released, conveyed and confirmed, and by these �presents dolh grant, harOairr, .yell, alien, remise,, release, eonuey and confirm unto i the said party of the second Dart, and its successors ---- 4T eirs- and assign.t �! forever, all that certain parcel of land'lying and being ire the rr,u,ty of Pinellas and State of Florida, mare particr/Inrly described as follows: From the Northeast corner of the Northwest 1/4 of the SouthwcsL 1/4 of Section 2, Township 29 South, Range 15 East, run S. 0007'42" F., along the East line of the said Northwest 1/4 of the Southwest 1/4 i�50.00 feet; thence run N. 89029'42" W., parallel to the East -We5L center line of said Section 2, 50.00 fcCt; thence run S. 0007'42" E,, I! along the Westerly right -of -way line of Highland Avenue 175 feet for � a Point of Beginning; thence continue S. 0007'42" E,, along said right -of -way line 75 feet; thence run N. 89029'42" W,, 170.02 feet; Ithence run N. 0007'42" W., along the East line of Lot 8 of Brentwood Estates (See Plat Book 59, Page 28, Public Records of Pinullas County, Floridda), 15.77 feet to the Northeast corner of said Lot 8• thence run N. 57 19'07 ".W., 124.72 feet to the Northeast corner of Lot 10 of said Brentwood Estates; thence run N. 89026'15" W., along the North line of I Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42" W,, 167.63 feet; thence run S. 89029'42" E., along the South right -of -way line of Sunset Point Road (said line being 50 feet South of and parallel to the East -West center line of said Section 2) 300 feet; thence run S. 0007'42" E., 175 feet; thence S. 89029'42" E. 150 feet to P.O,B., being a portion of the NW 1/4 of the SW 1/4 of Section 2 -29 -15 and being in part a portion of Lot 9, of Brentwood Estates. Subject to easements and restrictions of record. Together with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easernent thereto belonging or in anywise appertaining: !I To Have and to Hold the same in fee simple forever. ✓1nd the said party of the first part dolls covenant with the said party of !I 1 the second part that it is lawfully seized of the said prentises; that they are free .of,all incurnbrances, and that it has good right and lawful authority to sell the ,A' sarn.e; and the said party of the first part doex hereby fully warrant the title to said i' land; and will defend the same against the lawfrd claims of all persons whornxort,cr. i I hi Witlwss Nx iier4,4 , the Maid party of the lirst part has caused these presents to be signed in its reunre by its President, and its corporate seal to be affixed, ��jd (Corporate Seal) the day and year above written. Attest :. -. _... F 4iI4'T �i INS C4MPANX By Ltf.__ SiAned, Sealec�imil•Dclivered in Our Prewmce: Donald E.B1eak1ey, Presid t, f J!� "7 2G 7 RAUNGDEPAM I State of Mori a, R 2237 PA .405 (bunty or PINELLAS 1 HEREBY CERTTE'Y. That on thin �, .,...• � before W personally appeared DONALD E. BL day of A• D. 19 65, xmd xxuodvdpof FIVE POINTS HOL6ING COMPANYresidentVomd under the laws of the State of Florida . a corporation persons described in and who executed the foregoin j con.revan-ce tnknou.rn to he the THIRD CITY NATIONAL BANK OF CLEARWATER and severally aeknoruledied the execution thereof to he their free act and deed as such offlcers, for the uses and purposes therein mentioned; and that they affixed thereto the ofllcial seal of said corporation., and the said instrument is the act and deed of said corporation. FITNESS my signature and official seal at Clearwater in the County of Pinellas and SFote of Florida, the day and Year last aforesaid, 1 , ,M•y t 'run nt ission. l xlj irs WARY PU811C SIAIE co IlOR19A N I►�il. MY COMMISSION EXPIRES AUG. 1. 1%9 00-096 fw10 w D•f.11..00" 1 � t 1 • 1'nlrii•r/ f'rrhlir• r y C T v r, x o� P'► STATE FI. -O IOA STA c F _ O FI DA A >: t TAY, ',.• LL u = fy 00. ^I1� w a 0 z n 0 A T 0 A 0 z v� i� w J O � O / PCs �; U� EXHIBIT A LAND That certain parcel of land tying and being in the County of Pinellas and State of Florida, more particularly described as follows. From the Northeast corner of the Northwest % of the Southwest % of Section 2, Township 29 South, Range 15 Fast, run S: 0 °07'42" E., along the East line of the said Northwest / of the Southwest Y 50,00 feet; thence run N. 89'29'42° W., parallel to the. East -West center line of said Section 2, 50.00 feet; thence run S. 0 °07'42 E., along the Westerly right -of -way line of Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0 007'42' along said right -of -way line 75 feel; thence run N. 89` 9'42" W., 170:02 feet; ttierioe run N. 0 °07'42" W., along the East fine of Lot S of Brentwood Estates (See Plat Book 59, Page 28. Public Records of Pinellas County, Florida), 15.77 feet to the Northeast . comer of said Lot 8; thence run. N. 57°19'01" W„ 124,72 feet to the Nortttaast comer of Lot 10 of said Brentwood Estates; thence runt N. H9 °26'15" 11V , along the North line of Lots 10 thru 12 of .Brentwood Estates, 175,15 feet- run N, 0°07'42' W., 157.$3 feet; thence run S. $9 °29'42" E., along the South right -of -way line of Sunset Point Road (said line being 50 feet South of and parallel to the East- 11�fe5t center line of said Section 2) 300 feet; thence run S. 0 °07',4Z" E;, 175 feet; thence S. as °29 42h E., 150 feet to. P o.e„ being a portion of the NW 'l. of the SW % of Section 2 -29-15 and being n pert a portion of Lot 9, of Brentwood l`stafes. (Legal Descriptions for the Property to be veririod by title comma ment and survey.) � ro %4 lv _ LEIG LEAST41. 616900 -vI- Consolidation_ IU _I4G_Sunsel_Poin1_Conlrict.DOC. Page 15 CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: Rank of GmK MAILING ADDRESS: Please use agent PHONE NUMBER: 727 - 804 -1760 FAX NUMBER: PROPERTY OWNERS: �� o� (� �y ,✓ t (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: PO BOX 6015, Palm Harbor, Fl 36684 PHONE NUMBER: 727-804 -1760 FAX NUMBER: 1-888- 977 -1179 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: see survey PARCEL NUMBER: 02- 29 -15- 00000 - 320 -0200 EXISTING ZONING: O PROPOSED ZONING: C LAND USE PLAN CLASSIFICATION: R /OG SIZE OF SITE: 1.52 acres REASON FOR REQUEST: Commercial use Is appropriate I, the undersigned, acknowledge that all representations made in this application are true an urate to the best of my know) e. re of orWerty owner Pressman, Pres. Prb�c Assoc., Inc. STATE OF FLORIDA, COUNTY OF PINELLAS Sworp to and subscribed before me this day of A. D., #��Q to me and /or by who is personally known ha produced �`Y , d , .1,? r S l;c vas identification. G Notary public, —I my commission expires: Page 1 of 2 JARED R. MOLL MY COMMIS' )N a DD 68 ?319 EY.Pi . Jae 20.2011~ -o � CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) -562 -4567 FAX (727) 562 -4576 SUPPLEMENTAL INFORMATION REQUIRED FOR APPLICATIONS FOR ZONING ATLAS AMENDMENTS Please submit 15 copies of the attached Application for Zoning Atlas Amendment and the following supplemental information: A legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida. Proof of ownership, including a copy of the deed, title insurance policy, or other instrument demonstrating ownership (Only 1 copy is required). Names of all persons or corporations having a contractual interest in the property. A copy of any existing deed restrictions to which the City is a part relating to the property. Any request for a rezoning which is inconsistent with the Future Land Use designation in the Comprehensive Plan must be accompanied by an application for a Future Land Use Plan Amendment. Attendance at Public Hearings The applicant or applicant's representative should be present at both the Community Development Board and City Commission public hearings. Standard for Review All approvals of zoning atlas amendments must comply with the following standards: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. 2. The available uses to which the property may be put are appropriate to the property that is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and the City. 4. The amendment will not adversely or unreasonable affect the use of other property in the area. 5. The amendment will not adversely burden public facilities, including the traffic- carrying capacities of streets, in an unreasonably or disproportionate manner. 6. The district boundaries are appropriately drawn with due regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Page 2 of 2 Belleair Development Group Zoning Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective — Due to the built -out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial' zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re- developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West — and has worked fine. Comprehensive planning policy: A.6 GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN o STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE C%4 NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND ENCOURAGE INFILL DEVELOPMENT. _ s. Z" A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and /or obsolete a areas shall be a high priority and promoted through the implementation of Pg. 2 /Belleair redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) There are intensive uses that abut this site. To the immediate East is an existing gasoline station. To the immediate West is a convenience /food store, a printing store and a number of other intensive commercial type enterprises. While residential uses are present across the street, there is a reasonable distance between the uses — approximately 150' to 160' directly — along with Sunset Point road separating the uses. The long term existence of commercial uses along Sunset Point - both East and West of the Highland intersection - has been a long standing posture and one that works well. This proposed use will join a long term existence of strong commercial uses at this intersection and along Highland Avenue to the South. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. 4) Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. 5) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 6) This is certainly the case. You need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site — where they do not on the east side. n 1475 S "NSET POINT RD CITY OF LUZ20'i „ -06001 APPLICATION FOR Z Belleair Development Zoning: Atlas #: 261A PLANNL . MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2 °d FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: �[ ` APPLICANT NAME: Rqnk MAILING ADDRESS: Please use agent PHONE NUMBER: 727-804 -1760 / FAX NUMBER: PROPERTY OWNERS: (� ©" 4'-v-cy� (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: PO BOX 6015, Palm Harbor,Fl 36684 PHONE NUMB 727-804 -1760 FAX NUMBER: 1-888-977-1179 SITE INFO N: LOCATION: ne WC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: see survey PARCEL NUMBER: .02-29-15-00000-320-0200 EXISTING ZONING: C M C (� �/ `� �� .O ORIGINAL PROPOSED ZONING: C LAND USE PLAN CLASSIFICATION: R /OG CGI RU 6N SIZE OF SITE: 1.52 acres ARi iENI REASON FOR REQUEST: Commercial use I appropriate E .-T'j I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINEL,LAS representations made in this application Sworg to and subscribed before me this �� day of are true an urate to the best of my A.D.,1:9 a o tome and /or know) e. by vc _ , who is personally known hA produced L�j 44K LP -WCAs identification. Sig lure owner Notary of pr epresentativ public, ro d Press an Pres. Pr Assoc., Inc. my commission expires: ,�� r ". JARED R. MOLL MY COMMISSION # DD 687319 /� a:•'as EXPIRES: June 20, 2011 Page 1 of 2 CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2 °a FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: R E. U E r V D-- /V MAILING ADDRESS: Please use agent PHONE NUMBER: 727-804 -1760 PROPERTY OWNERS: Same (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: PO BOX 6015, Palm Harbor, Fl 36684 PHONE NUMBER: 727-804 -1760 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: see survey PARCEL NUMBER: 02- 29 -15- 00000 - 320 -0200 EXISTING ZONING: PROPOSED ZONING: LAND USE PLAN CLASSIFICATION: SIZE OF SITE: 1.52 acres REASON FOR REQUEST: Commercial use Is appropriate I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. FAX NUMBER: FAX NUMBER: 1- 888 - 977 -1179 STATE OF FLORIDA, COUNTY OF PINELLASr,� Sworn to and subscribed before Pne this Z2 lb day of Ml4y l , A.D., 1!11,4 0) 0 tome and /or by CARLOS N EPES who is personally, known has produced as identification. ---MaA.0 (W, Notary public my commissi n xpires MARY K. KUZBYT OMMISSION p DD 956931 ewded Thtu Notary Public Undemi ters Page 1 of 2 CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: �40 C 4� MAILING ADDRESS: Please use agent PHONE NUMBER: FAX UMBER: PROPERTY OWNERS: "43d' 1 bl'- �` (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: P.O. BOX 6015, Palm Harbor, Florida PHONE NUMBER: 727-804 -1760 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road FAX NUMBER: 1- 888 - 977 -1179 ,r LEGAL DESCRIPTION: see survey ORIGINAL PARCEL NUMBER: 02- 29- 15- 00000 - 320 -0200 �] ''RECEIVED SIZE OF SITE: 1.52 acres j� �� 6r�' JUN 0 1 LU10 FUTURE LAND USE r K CLASSIFICATION: PRESENT: R/OG C ( 1 a F-u ZONING CLASSIFICATION: PRESENT O . C- PROPOSED TEXT AMENDMENT: n/a (use additional paper if necessary) I (We), the undersigned, acknowledge that all representations made in this application are true anq qgaurate_4the best gf my /(our) of property PIANMNG DEFARTmEw CG CITY OF ClEARWATER REQUESTED: C C V STATE OF FLORIDA, COUNTY OF PJN�LLAS Sworn to and scribed before me this day of A.D., 1S aqr, tome by who is pers nally kn wnwhas produced 1W, c t\tZx L,rat,s -Las identification. of propeo owner or representative Notary public; sm res., Pressman &Assoc., Inc., AGENT my commission expires: 1�Y JARED R. AOLL r_ i �iY COMMISSION # DD 687319 EXPIRES: Juris 20.2011 „or c�;,. a ru oarvP ,ic Underwriters CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562 -4567 FAX (727) 562 -4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: APPLICANT NAME: R=k IQ> r- T_ - f+-I I--W V Cr R-0\4 C MAILING ADDRESS: Please use agent PHONE NUMBER: PROPERTY OWNERS: Same (List all owners) AGENT NAME: Todd Pressman MAILING ADDRESS: P.O. BOX 6015, Palm Harbor, Florida PHONE NUMBER: 727-804 -1760 SITE INFORMATION: LOCATION: near SWC Sunset Point and Highland STREET ADDRESS: 1475 Sunset Point Road LEGAL DESCRIPTION: see survey PARCEL NUMBER: 02- 29- 15- 00000 - 320 -0200 SIZE OF SITE: 1.52 acres FUTURE LAND USE CLASSIFICATION: PRESENT: R/OG ZONING CLASSIFICATION: PRESENT 0 PROPOSED TEXT AMENDMENT: n/a (use additional paper if necessary) I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my /(our) knowledge. of property owner or representative odd Pressman, Pres., Pressman & Assoc., Inc., AGENT FAX NUMBER: FAX NUMBER: 1- 888 - 977 -1179 REQUESTED: CG REQUESTED: C RECEIVED 111W X010 STATE OF FLORIDA, COUNTY OF P114ELLAS Sworn to and subscribed before me this ; day of M Ay A.D., -W D I Q to me by C AR I -aS �(- V r=-.s who is personally known has produced as identification. Notary my cor MARY K. KUZBYT EXPIRES: March 6, 2014 Bonded Thru Notary Public Underwriters Pressman acid Assoc ,Inc. Governmental and Public Affairs P.O. Box 6015, Palm Harbor, FL 34684 727 -804 -1760, Fx. (888) 977 -1179 CELL. 727 - 804 -1760, E -MAIL, Pressinc @AOL.Com LETTER OF AUTHOI IZATION To The City of Clearwater, Florida: Please accept this letter of authority to allow Todd Pressm 1, of Pressman and Associates, Inc., to represent Re- Zoning and Land Use Amendment applicatic s for the property located at 1475 Sunset Point Road, Clearwater, Florida. As the property o finer it is my understanding that any application can be withdrawn at any time. Thank you. Bank of America, N.A. By: 7,,t �. Jay / aylor Title: Senior Vice President State of Texas County of Dallas ORIGINAL RECENED JUN 0 �s PLANNING DEPARTP4iaq( CITYOF CLEARWATER Before me personally appeared Jay Taylor, Senior Vice 1 -esident , who, being duly sworn, swears and affirms that the above information is true to thi best of his/her knowledge. Signed and sworn before me this o? g 141 day of M9, 2010, a.d., who I personally know or produced identification as �o JUDY L. WILKINSON Notary Public * STATE OF TEXAS �''►of My Comm. EV. 05- 115.12 Notary Pub is a;•Fyi !y 10 p. 3 Pressman atd Assoc, Inc. Governmental and Public Affairs P.O. Box 6015, Palm Harbor, FL 34684 727- 804 -1760, Fx. (888) 977 -1179 CELL. 727 - 804 -1760, E -MAIL, Pressinc @AOL.Com LETTER OF AUTHOI IZATION To The City of Clearwater, Florida: Please accept this letter of authority to allow Todd Pressm 1, of Pressman and Associates, Inc., to represent Re- Zoning and Land Use Amendment applicatic s for the property located at 1475 Sunset Point Road, Clearwater, Florida. As the property o ner it is my understanding that any application can be withdrawn at any time. Thank you. Bank of America, N.A. By: 7e,,t� Jay T ylor ORIGINAL. RECEW Title: Senior Vice President JUN 0 = 2010 State of: Texas PLANNINGDEPARTMELVT County of Dallas CRY oFCLEARwATER Before me personally appeared Jay Taylor, Senior Vice 1 •esident , who, being duly sworn, swears and affirms that the above information is true to th( best of his/her knowledge. Signed and sworn before me this J A' 01 day of Mp ,�__, 2010, a.d., who _l personally know or produced identification as _._� t�vP JUDY L. WILKINSON notary Public ° STATE OF TEXAS c_ 51.12 �oR Nly Cc�rn�n. Exp. C;:, 1. Notary Pub is'' l - F , Belleair Development Group Zoning Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective — Due to the built -out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial' zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re- developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West — and has worked fine. Comprehensive planning policy: A.6 GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND ENCOURAGE INFILL DEVELOPMENT. A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and /or obsolete areas shall be a high priority and promoted through the implementation of ��. Pg. 2 /Belleair redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) There are intensive uses that abut this site. To the immediate East is an existing gasoline station. To the immediate West is a convenience /food store, a printing store and a number of other intensive commercial type enterprises. While residential uses are present across the street, there is a reasonable distance between the uses — approximately 150' to 160' directly — along with Sunset Point road separating the uses. The long term existence of commercial uses along Sunset Point - both East and West of the Highland intersection - has been a long standing posture and one that works well. This proposed use will join a long term existence of strong commercial uses at this intersection and along Highland Avenue to the South. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. 4) Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. 5) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 6) This is certainly the case. You need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site — where they do not on the east side. Belleair Development Group Comp. Plan Amendment Response to Standards for Review 1) The proposal is consistent with the goals and policies in regard that this proposal does provide an infill rejuvenation of a blighted site and it is located along an intersection of higher intensity and is located adjacent to similar uses. Comprehensive planning policy: A.6.4 Objective — Due to the built -out character of the city of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. This policy also includes looking at smaller parcels, but the direction is that development should be looked at existing sites and should be accomplished thru assistance with the CDB. Comprehensive planning policy: A.2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial' zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. This policy does recognize the locational aspects of this site as it spans a high intensity traffic corner and this site is currently planned to be re- developed along with the commercial corner parcel. There is plenty of commercial development at this commercial node, in fact the commercial node matching to the East of the intersection exists with commercial categories. So in parity in regard to configuration, the Commercial level has existed to the East much further than the West — and has worked fine. Comprehensive planning policy: A.6 GOAL - THE CITY OF CLEARWATER SHALL UTILIZE INNOVATIVE AND FLEXIBLE PLANNING AND ENGINEERING PRACTICES, AND URBAN DESIGN . STANDARDS IN ORDER TO PROTECT HISTORIC RESOURCES, ENSURE NEIGHBORHOOD PRESERVATION, REDEVELOP BLIGHTED AREAS, AND r+ ENCOURAGE INFILL DEVELOPMENT. u O A.6.1 Objective - The redevelopment of blighted, substandard, inefficient and /or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Pg. 2 Belleair The uses at this intersection are older and some are blighted. Especially the site under consideration has been boarded up, is unsightly and is a negative element in this vicinity. This proposal will bring investment, improvement and a new use to add to the immediate area. 2) By following the principals and directives noted above — basic objectives of the City and the Comprehensive Plan — this proposal is not inconsistent with other elements of the Plan. Because the site is well fit into the existing node and can protect residential uses surrounding, the site is not inconsistent with the Comp. Plan. 3) The category proposed meets and integrates with the existing commercial uses at the intersection node. The uses at the node are well established and are needed commercial uses for neighborhood and community support. The uses that would be permissible under the commercial category would be everyday activities and shopping needs of the immediate community. The reinvestment and renovation would also be a tremendous improvement or the immediate area- versus having a closed and boarded 2 story structure as a blighted mess. Again, the category would allow the integration of the parcels together to make a use that would be an asset to the community and remove blight from the area. These uses have been existing for a long time in the position they exist and they have worked well with integration with the surrounding residential community. You also need to look no further than the depth of the commercial on the opposite side of Highland, running East of Highland. In that regard the commercial category runs far deeper than the depth from Highland running West. In fact it is significantly deeper and shares the same configuration in regard to its association with residential use. Even more important is that intensive commercial uses abut this site — where they do not on the east side. 4) As the prior use was a high impact office use and was in combination a part of the whole commercial node, and that access is gained on 2 major rights of way, the transportation impact will be minimal as compared to the prior use. 5) the site will be required to restore any natural and landscaping facility to the standard of the code and it will be a huge improvement to what is currently at the site now. Any trees that are substantial will be protected or mitigated. 6) With similar uses in the abutting and immediate area, and with enough separation factors between the residential and the proposed commercial, the category will be a good fit into the community. Again, approximately 150'to 160' exist between this site and the residential directly across the street. With Sunset Point Road as a barrier, and new landscaping, and 2 access points on two separate major roadways, there will be no impacts to the residential. Both this residential to the North — and the South - are well protected, but have been in a configuration with intensive commercial uses for a very long time. The critical factor, again js that this site has fallen in a very bad state of disrepair and this application promises to bring c' 1, investment and badly needed renovation to this site — rather than see the site fall into o greater disrepair. 7') w z. vQ u i0 ° G a. „ Cr J W� N a a W a � x 0v. c run /0 U iiinr,Jq,aiy,nw.s.�Wd. M a 2237 104 to Made this ti day of Du: , A. D. 19 65 i Between FIVE POINTS HOLDING COMPANY a corporation esistinj under the laws of the State of Florida ' havinj its principal place of busineaa in the County of Pinellas and ' State of Florida party of the first part, and THIRD CITY NATIONAL BANK OF CLEARWATER, whose address is: S� ;nset Point Rd & Highlar,a Avenue of the County of Pinellas and State of Florida part y of the second part, Witnesseth, That the said party of the first part, -for and in consideration of the sum of TEN DOLLARS and other valuable .considerations to ;t in hand paid, the receipt whereof is hereby fid- nouledged, has granted, bar- gained, .sold, aliened, re.nrised, released, conveyed and confirmed, and by these presents loth grant, bargain, ,sell, alien, remise, release, convey and confirm unto the said party of the second kart, and its successors -- --lr,, and assigns forever, all that certain Marcel of land'lying and being in the ("aunty of Pinellas and State of Florida, move partirularly described as follows: From the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, run S. 0007'42" E., along the East line of the said Northwest 1/4 of the Southwest 1/4 50.00 feet; thence run N. 89029'42" W., parallel to the East -West center line of said Section 2, 50.00 feet; thence run S. 0007'42" E., along the Westerly right -of -way line of Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0007'42" E., along said right -of -way line 75 feet; thence run N. 89029'42" W., 170.02 feet; thence run N. 0007'42" W., along the East line of Lot 8 of Brentwood Estates (See Plat Book 59, Page 28, Public Records of Pinellas County,' Florida), 15.77 feet to the Northeast corner of said Lot 8; thence run N. 57019'07" W., 124.72 feet to the Northeast corner of Lot 10 of said Brentwood Estates; thence run N. 89026'15" W., along the North line of Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42" W., 167.63 feet; thence run S. 89029'42" E., along the South right -of -way line of Sunset Point Road (said line being 50 feet South of and parallel to the East -West center line of said Section 2) 300 feet; thence run S. 0007'42" E., 175 feet; thence S. 89029'42" E. 150 feet to P.O.B., being a portion of the NW 1/4 of the SW 1/4 of Section 2 -29 -15 and being in part a portion of Lot 9, of Brentwood Estates. Subject to easements and restrictions of record. Together with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining: i To Have and to Hold the same in fee simple forever. ✓Ind the said party of the first part doth covenant with the said party of the second part that it is lawfully seized of the said premises; that they are free I ,?/,all incum.brances, and that it has good right and lawful authority to sell the i adrn.e; and the said party of the first hart does hereby fully warrant the. title to said laid; and will defend the same against the lawful claims of all persons whomsoever. % (Corporate Seal) .4iee'st:._.. 111 WillICNN ".jll'I'vi , the said party of the first part has caused there pre8ents to be signed ire its name by its President, and its corporate real to be affixed, *&xx6edx*jy the day and year above written. Sigurd, Sealed awl•Delivered in Our PreNenile: F Oil9T5_ 0 AIC_ COMPANY By� .. Donald E.Bleakley, Prerid t. State of Fiorica, R. 2237 pr : =105 County of PINELLAS �x 1 HEREBY CERTIFY. That on this day of , A. D. 19 65, before W personally appeared DONALD E. BLEAKLEY x and Presid en t nand xuot�eitt of FIVE POINTS HOLDING COMPANY , a corporation under the laws of the State of Florida , to me known to be the persons described in and who executed the foregoinf con.reyarr.ce to THIRD CITY NATIONAL BANK OF CLEARWATER and severally acknowledged the execution thereof to he their free act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation., and the said instrument " the act and deed of said corporation. :FITNESS my sitnature and official seal at Clearwater in the County of Pinellas and 57ate of Florida, the day and year last aforesaid, f r .Af y t (tin m. i vsion Kxpi rrs NOIARY CUBIC S1AlE of RORMA M LA, ;I. +.�� MY COMMISSION EXPIRES AUG. 1. 1%9 WON 00.098 .ww J.Nr f0(O w 0461T.r00n r N STA FI_OFlIDA t: 1AY '9500. .Votrll'y %'nhlir Y Fw y r C v rf r _x O t 111h et -3 v w a 0 z n 0 a 0 a 0 z t w 1 ORIGINAL '. REC NED 'JUN 01 Zola PLANNING DEPARTKENT OF CLEARWATER _CrrY D.0CUM 'T- LL- LI.1- 1:11 -L'., - PTi I .. "-- .. �.. w a 0 z n 0 a 0 a 0 z t w 1 Prepared by and Return to: Susan Fleming Bennett, Esquire Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 401 East Jackson Street, Suite 2200 Tampa, Florida 33602 Parcel Identification Number. 02/29/15/00000/320 /0200 Documentary Stamp Tax Paid on this instrument: $2,100.00 SPECIAL WARRANTY DEED BANK OF AMERICA N.A., a national banking association, successor by merger to Third City National Bank of Clearwater, whose address is 13510 Ballantyne Corp Place, NC2- 109 -06 -05, Charlotte, NC 28277 ( "Grantor "), for and in consideration of the sum of TEN AND NO /100.DOLLARS ($10.00) in hand paid to Grantor by CAY 1475, LLC, a Florida limited liability company (herein referred to as "Grantee") whose mailing address is 6654 781i Avenue North, Pinellas Park, Florida 33781, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED and does hereby GRANT, SELL and CONVEY unto Grantee in fee. simple, that certain land located in Pinellas County, Florida, being more particularly described in Exhibit A, attached hereto and incorporated herein by reference, together with all improvements, if any, located on such land (such land and improvements being collectively referred to as the "Property"). This conveyance is made and accepted subject to all matters (the "Permitted Exceptions ") set forth in Exhibit B, attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances pertaining thereto, including all of Grantor's right, title and interest in and to adjacent streets, alleys and rights -of -way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs, successors and assigns forever. And Grantor hereby covenants with Grantee that, except as above noted, that at the time of the delivery of this Special Warranty Deed the Property was free from all encumbrances made by it and that it will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under it but against none other. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES (OTHER THAN THE WARRANTY OF TITLE AS SET OUT IN THIS DEED), PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (IT) ANY OTHER MATTER 10141/1126 #316362 v2 6/30/2010 -1- WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OF REGIONAL IMPACT LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS (AS HEREINAF'T'ER DEFINED), MOLD OR MILDEW. "HAZARDOUS MATERIALS" SHALL MEAN ANY SUBSTANCE WHICH IS OR CONTAINS (I) ANY "HAZARDOUS SUBSTANCE" AS NOW OR HEREAFTER DEFINED IN THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980, AS AMENDED (42 U.S.C. §9601 ET SEQ.) ( "CERCLA") OR ANY REGULATIONS PROMULGATED UNDER OR PURSUANT TO CERCLA; (II) ANY "HAZARDOUS WASTE" AS NOW OR HEREAFTER DEFINED IN THE RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S.C. §6901 ET SEQ.) ( "RCRA ") OR REGULATIONS PROMULGATED UNDER OR PURSUANT TO RCRA; (111) ANY SUBSTANCE REGULATED BY THE TOXIC SUBSTANCES CONTROL ACT (15 U.S.C. §2601 ET SEQ.); (IV) GASOLINE, DIESEL FUEL, OR OTHER PETROLEUM HYDROCARBONS; (V) ASBESTOS AND ASBESTOS CONTAINING MATERIALS, IN ANY FORM, WHETHER FRIABLE OR NON - FRIABLE; (VI) POLYCHLORINATED BIPHENYLS; (VII) RADON GAS; AND (VIII) ANY ADDITIONAL SUBSTANCES OR MATERIALS WHICH ARE NOW OR HEREAFTER CLASSIFIED OR CONSIDERED TO HAZARDOUS OR TOXIC UNDER ENVIRONMENTAL REQUIREMENTS (AS HEREINAFTER DEFINED) OR THE COMMON LAW, OR ANY OTHER APPLICABLE LAWS RELATING TO THE PROPERTY. HAZARDOUS MATERIALS SHALL INCLUDE, WITHOUT LIMITATION, ANY SUBSTANCE, THE PRESENCE OF WHICH ON THE PROPERTY, (A) REQUIRES REPORTING, INVESTIGATION OR REMEDIATION UNDER ENVIRONMENTAL REQUIREMENTS; (B) CAUSES OR THREATENS TO CAUSE A NUISANCE ON THE PROPERTY OR ADJACENT PROPERTY OR POSES OR THREATENS TO POSE A HAZARD TO THE HEALTH OR SAFETY OF PERSONS ON THE PROPERTY OR ADJACENT PROPERTY; OR (C) WHICH, IF IT EMANATED OR MIGRATED FROM THE PROPERTY, COULD CONSTITUTE A TRESPASS. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR AND HEREBY AGREES, BY ACCEPTANCE OF THIS DEED, TO ACCEPT THE PROPERTY AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST GRANTOR (INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY OR TO ANY HAZARDOUS MATERIALS ON THE PROPERTY, MOLD OR MILDEW. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT GRANTOR HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. GRANTOR IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT$ EMPLOYEE, SERVANT OR OTHER PERSON. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. 10141 /1126 #316362 v2 6/30/2010 -2- Ad valorem taxes for the present year having been prorated, Grantee hereby assumes payment thereof, and subsequent assessments for that and prior years due to change in land usage, ownership, or both. EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of the day of 2010. Signed, sealed and delivered in the presence of WITNESSES: �cu, Name: Diana L'one� Name na .L rdnaar STATE OF TEXAS COUNTY OF hat At BANK OF AMERICA, N.A., a national banking association, successor by merger to Third City National Bank of Clearwater 7 JAY TA R, enior Vice President [Corporate Seal] The foregoing instrument was acknowledged before me on a-3 2010, by JAY TAYLOR, as Senior Vice President of BANK OF AMERICA N.A., a national b eking association, successor by merger to Third City National Bank of Clearwater, on behalf of the association, who is ersonaliy known to me r who has produced as identification. JUDY L WILKINSON Notary Public STATE OF TEXAS co -15-12 Exp- 05 10141/1126 #316362 v 6/17/2010 Name: c/ NOTARY PU18LIC. State of Serial Number (if any) My Commission Expires: -3- EXHIBIT A LAND That certain parcel of land lying and being in the County of Pinellas and State of Florida, more particularly described as follows: From the Northeast comer of the Northwest % of the Southwest % of Section 2, Township 29 South, Range 15 East, run S. 0 °07'42" E., along the East line of the said Northwest % of the Southwest'/. 50.00 feet; thence run N. 89 02942" W., parallel to the East -West center line of said Section 2, 50.00 feet; thence run S. 0 "07'42" E., along the Westerly right -of -way line of Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0 007'42" E., along said right -of -way line 75 feet, thence run N. 89 "29'42" W., 170.02 feet; thence run N. 0 007'42" W., along the East line of Lot 8 of Brentwood Estates (See Plat Book 59, Page 28, Public Records of Pinellas County, Florida), 15.77 feet to the Northeast comer of said Lot 8; thence run N. 57 °19'07" W:, 124.72 feet to the Northeast comer of Lot 10 of said Brentwood Estates; thence run N. 89926'15"W., along the North line of Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0 007'42" W., 167.63 feet; thence run S. 89 029'42" E., along the South right -of -way line of Sunset Point Road (said line being 50. feet South of and parallel to the East -West center line of said Section 2) 300 feet; thence run S. 0 007'42" E., 175 feet; thence S. 89 029'42" E., 150 feet to P.O.B., being a portion of the NW % of the SW % of Section 2 -29 -15 and being in part a portion of Lot 9, of Brentwood Estates. 10141/1126 #316362 W2 6!302010 -4- EXHIBIT `B" PERMITTED EXCEPTIONS TO DEED 1. Rights of parties in possession. 2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as of the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. 3. Defects, liens, encumbrances, adverse claims or other matters 1) not known to the Grantor and not shown by the public records but known to the Grantee as of the date hereof and not disclosed in writing by the Grantee to the Grantor prior to the date hereof, 2) resulting in no loss or damage to the Grantee; or 3) attaching or created subsequent to the date hereof. 4. Visible and apparent easements and all underground easements, the existence of which may arise by unrecorded grant or by use. 5. Any and all unrecorded leases, if any, and rights of parties therein.. 6. Taxes and assessments for the year 2010 and subsequent years. 7. All judgments, liens (excluding construction liens), assessments, code enforcement liens, encumbrances, declarations, mineral reservations, covenants, restrictions, reservations, easements, agreements and any other matters as shown on the public records. 8. Any state of facts which an accurate survey or inspection of the Premises would reveal, including inland/tidal wetlands designation if applicable. 9. Any liens for municipal betterments assessed after April 30, 2010 and/or orders for which assessments may be made after April 30, 2010. 10. 10 -foot drainage and utility easement along the Northerly and Easterly boundaries of Lot 9, Brentwood Estates, as shown on the plat thereof recorded in Plat Book 59, Page 28, of the public records of Pinellas County, Florida. 11. Easements in favor of Florida Power Corporation granted in instrument recorded in Official Records Book 1654, Page 331, of the public records of Pinellas County, Florida. 12. Easements in favor of the City of Clearwater graultcd in instrument recorded in Official Records Book 1807, Page 236, of the public records of Pinellas County, Florida. 10141/1126 #316362 v2 6/30/2D10 -5- 03- Jun -2010 11:07 AM Bank of ► rica 8132258194 Bankof America ��, Fax Cover Sheet To: M:r.'.['odd Pressman Company: Pressman Associates, Inc. i Telephone Number. Fax Number: 888.977.1179 Date: June 3, 2010 From: Claire Bailey Carraway Department- Legal Telephone Number: 813.225.8173 Fax Number: 813.225.8194 Number of pages including this cover sheet: 3 i If transmission problems occur, please call: 813.225.8175 Message: RE: Documentation of Third City National Bank at Clearwater to Bank of America, N.A. ECE 6 JUN 0 2010 PW'V91YO DI:P v a s CfiyOFO i4 vr � ATER i i 'rhe information contained to this FAX message Is Intended Only for the rxmfidential use of the designated recipient named above. l This message may contain contractual and proprietary Information and as such is privileged and confidontial. if tho reador of this rnessage'is not the Intended racipierri or an agerit responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error. and that any review, dissemination, distribution or copying of this massage Is strictly prohibited, 11 you havF received this t omnionivaliarr in error, please notify us immediately by telephone and return the message to us by mail. 1/3 03- Jun -2010 11:07 AM Bank of �rica 8132258194 m N J6 o'l, ASSISTANT •SECRk TARX'S CERTIFICATE OF BANK OF AMERICA, NATIONAL ASSOCIATION The undenig►ted, Elizabeth A. Pryor, an Assistant Secretary of Bank of America, National Association (the "Association"), a national banking association organised and existing under the laws of the,United States of America and having its principal place of business in the City of Charlotte, County of Mecklenburg, State of North Carolina, does hereby certify that: 1. F,ffective October 10, 1963, Third City National Bank at Clearwater, Charter No. i 15426 was chartered. j 2. Effective December 1, 1967, 'Third City National Bank at Clearwater was renamed to American National Hank. 3. Effective October 1, 1974, American National Bank was renamed tt► Landmark Bank of Clearwater, National Association, 4. Effective January 1, 1977, Landmark Bank of Clearwater, National Association, (Char. ter No. 15426), Landmark Bank of Seminole, National Association (Charter No. 16036), Landmark Bank at Tyrone, (Charter No, 661), and Landmark Bank of Tarpon Springs, National Association, (Charter No. 16391) merged into and under the charter and title of Landmark Union Trust Bank of St. Petersburg, National Association (Charter No. 15507). 5. Effective April 28, 1986, the title of Landmark Union 'Trust Bank of St. Petersburg, National Association, St. Petersburg, Florida, Charter Number 15507, was changed to Citizens and Southern National Bank of St. Petersburg. 6. Effective January 1, 1987, Citizens and Simthern National Bank of St. Petersburg merged with and into Citizens and Southern National flank of Fort Lauderdale, Charter Number 14376, with the surviving bank name of The Citizens and Southern National Barak of Florida. 7. RIT-ective September 4, 199.2, NCNB National Bank of Florida, Tampa, Florida, Charter Number 17775, and NationsBank Trust Company (Florida), National Association, Tort Myers, Florida, Charter 'Number 16831, merged into and under the charter of The Citizens and Southern National Bank of Florida, Fort Lauderdale, Florida, Charter Number 14376, with the resulting bai* title of NationsDank of Florida, National Association. CR/G/WL RECEI► FD JUN 0 � 1 2010 1191876 Cll%Ci P�4eM 2/3 03- Jun -2010 11:08 AM Sank of mica 8132258194 3/3 8. Effective December 21, 1995, Nationsiiank of Florida, National Association, Tampa, Florida, Charter Number 14376, merged into and under the charter of Bank of Madison County, National Association, Madison, Florida, Charter Number 22991, with the resulting title of NationsBank of Florida, National Association. 9. Effective December 29, 1995, NationsBank of Florida, National Association merged into NationsBank of Georgia, National Association, Charter Number 13068, with the resulting bank title of NationsBank, National Association (South). 10. Effective June 1, 1997, NationsBank, National Association (South) merged into and under the charter and title of NationsBank, National Association, Charlotte, North Carolina, Charter Number 14448. 11. Effective July 5, 1999, the title of NationsBank, National Association, Charter Number 14448, was changed to Bank of America, National Association, 12, Effective July 23, 1999, Bank of America, National Association, Charlotte, North Carolina, Charter Number 14448, was merged into and under the charter of Hank of America National Trust and Savings Association, San Francisco,- California, Charter Number 13044, with the resulting bank title of Bank of America, National Association, Charlotte, North Carolina, Charter Numbet 13044. IN WjTNESS WHEREOF, I have hereupon set my hand and affixed the seal of said Association this 14th day of April, 2009. #91 M Elizabith A. Pryor Assistant Secretary ORIGINAL. RECEIVED JUN 0 2010 PLANNING DEPARTMENT Cm'OF CLERRWATER E71-2 -146, Sunset Point 1475 Sunset Point Road, Clearwater Pinellas County, FL PURCHASE AND SALE AGREE'MEN`T' THIS PURCHASE AND S..ALIi AGREEMENT (this "Agreement ") is tirade between BANK. OF AMERICA; N.A., a national banking association ( "Seller "), and sel lea ir -ne"iopment Group °a Le, a Fl. Lim: liati. comp. ', (•;Purchaser "). In consideration of the mutual covenants Herein contained, Seller and Purchaser agree as follows: 1. PURCHASE AND SALE 1.1 Purchase and Sale. Subject to the terms and conditions of this Agreement, Se.11er.liereby agrees to sell and convey to Purchaser, and Purchaser hereby agrees to, purchase from Seller, the following described property (herein called the "Property "): (a) Land. That certain tract of land (the "Land ") more .particularly described on Exhibit A, attached hereto and incorporated herein by reference :together with all improvements, if any, located thereon; (b) Easements. All easements, if any; benefiting the Land; (c) Rights and Appurtenances. All rights and appurtenances pertaining to the foregoing, if any, including any right; title and interest of Seller, if any, in and to adjacent streets, alleys or rights -.of -way, (d) Impra etnetits. All improvements (the "Improvements ") in and on.the Lath( :and (e) Taneible Personal Property. Subject to: the previsions of Section 9.2 hereinrtfter, all of Seller's rigitf, title and interest in all appliances, fixtures, equipment, rriaehiners, furniture; carpet, drapes and other personal property, if any, located (in dt• about the Land and the Improvements:not removed by Seller by the Closing Date. 2. PURCHASE PRICE 2.1 Purchase - Price. The purchase price (the "Purchase Price ") for the Property shall be AND NO1100 DOLLARS (S. .00) and shall be paid by Purchaser to Seller at the Closing (as defined in Section 6:I). The Purchase Price shall be payable at Closing in United States currency as provided in Section 6.6(a) below. 3. EARNEST MONEY 3.1 Earnest Money. Within forty -eight (48) Hours after notice to Purchaser that this Agreement has been accepted by Seller and Seller has executed this Agreement, Purchaser shall deliver to CHICAGO [lank of Anwrica -- 1939 ['ttecltASLt'a SAL AGEF NIENr:tNrr[Loy l) � GEf}lhF�•lcir- YfI iSNh7•uJ•Coi>wit aiRiion�Ht,3:1 •t6 .�unset_Po rat �anLrrret DOC P �4rG�,P�� c k TITLE INSURANCE COMPANY (the "Escrow Agent "), as escrow agent, by cashier's check at the address in Section 10.1 hereof a deposit in an amount equal to ten percent (10%) of the Purchase Price in cash (such amount, together with all interest, if any, earned thereon being referred to as the "Earnest Money "), together with an executed W -9 form and a signed Earnest Money Escrow Agreement attached to this Agreement as Exhibit "B." Seller shall have the option of declaring a default and terminating this Agreement if the Earnest Money, the W -9 and the Earnest Money Escrow Agreement are not delivered to the Escrow agent within such tithe. The Earnest Money shall be non - refundable for any reason; except Seller's default. if the sale of the Property is consummated pursuant to the terms of this. Agreement, the Earnest Money shall be paid to Seller and applied to the payment of the Purchase Price. 4. CONDITIONS TO CLOSING 4.1 Title Commitment, Survey and Phase 1. (a) At or prior to the execution of this Agreement, Seller shall deliver to Purchaser for Purchaser's review of the Property, (i) a commitment for title insurance, ,!it ownership and encumbrance report, a title report or equivalent title search document (the "Title Commitment ") for an Owner's Policy of Title .Insurance issued by Chicago Title Insurance Company (the "Tide Company ") (ii) a current survey of the Property (the "Survey "); and (ii.i) a Phase I environmental site assessment and limited asbestos survey of the Property ( "Phase 1 "). (b) Seller shall :deliver to Purchaser withiii thirty (30) days after full execution of this Agreement for the Property, (i) tin endorsement or its equivalent to the Title Commitment (the "Endorsement "), naming Purchaser as the insured and updating the effective date of the 'Title Commitment; (ii) an updated Survey certifying the Survey to Purchaser and updating the effective date of the Survey, if required by the Title Company; and (iii) it certificate certifying the Phase I to Purchaser ( "Certificate "). (c) The conveyance of the Property shall be subject to certain Permitted Exceptions. The term "Permitted Exceptions ", as used herein, shall mean (i) the title exceptions listed in Schedule B of the Title Commitment, (ii) any general exceptions and exclusions contained in the standard owner's policy of the Title Company that are not deleted pursuant to the Owner's Affidavit, and (iii) tine exceptions listed on Exhibit C hereto, 4:2 Inspection. Upon forty -eight (43) hours prior request, . Purchaser may inspect the Property at any reasonable time on or before. thirty (11)) clays after the dote of this Agreement for the purpose of conducting such investigations and inspections as Purchaser shall deem appropriate, including but not limited to obtaining .geoteclmical reports and obtaining building reports, but excluding any Phase 11 environmental site assessment without Seller's express written consent, which may be withheld in Seller's sole discretion (the "Inspection Period "). Purchaser acknowledges that the Property is comprised of operating banking centers and agrees that Purchaser must be accompanied by a. representative of Seller when inspecting the Property and that certain inspections must occur after business hours. Purchaser may terminate this Agreement by notifying Seller in writing prior to (lie expiration of the Inspection Period, for any reason in Purchaser's sole discretion. .In the event Purchaser does not give such notification to Seller in writing; prior to the expiration of the lnspection Period, Purchaser shall be deemed conclusively to have waived its tennination rights under this Section 4.2. Purchaser shall. bear the cost of all such investigations of the Property, Purchaser shall be liable for all costs and expenses, and for damages or injury to any person or property resulting from any inspection, and Purchaser shall indemnify and hold Bank of America -- IWO PI_ RCH 1SP A, Si F AC RFF41F\ I j \'tt'R()VFI1 1.. f: G: 11: i; r15Ck1G1G? 1( I( 1- vl•C our�tirintini;[' L2. IaFi _S�nsei_Poini_(eruu:ict..i)OC (OPJGIML 2 % r D "I01zoo Pcwvrelift ,,t:!— RiMENT CnV 01' CWMWATER harmless Seller from any liability, claims or expenses (including, without limitation, construction liens and/or reasonable attorneys' fees) resulting therefrom. The obligations of Purchaser set forth in this Section 4.2 shall survive Closing or the termination of this Agreement, as applicable. 4.3 Confidentiality. All information provided by Seller to Purchaser or obtained by Purchaser relating to the Property in the course of its review, including, without limitation, any environmental assessment or audit, shall be treated as confidential information by Purchaser and Purchaser shall instruct all of its employees, agents, representatives and contractors as to the confidentiality of all such information. Purchaser will not, except with the express prior written consent of Seller, directly or indirectly, (a) disclose or permit the disclosure of any information to any person or entity, except persons who are bound to observe the terms hereof, or (b) use or permit the use of all information pertaining to the Property (1) in any way detrimental to the Seller or (2) for any purpose other than evaluating the contemplated purchase of the Property. Purchaser agrees, that if the closing does not occur, Purchaser will promptly return to the Seller or its authorized agent all written or tangible information pertaining to the Property, including all copies or extracts thereof, and all notes based upon the information. Neither the Seller, nor any of its officers, directors, employees, agents or representatives, shall be deemed to make or have made any representation or warranty as to the accuracy or completeness of any information pertaining to the Property or whether or not the information provided constitutes all of the information available to the Seller; and neither the Seller nor any of its officers, directors, employees, representatives or agents shall have any liability resulting form Purchaser's use of any information pertaining to the Property. Notwithstanding anything to the contrary set forth in this Agreement, the obligations of Purchaser set forth in this Section 4.3 shall survive the Closing or the termination of this Agreement, as applicable. 4.4 Termination. If this Agreement is terminated pursuant to Section 4.1 or Section 4.2 above, neither party shall have any further obligations under this Agreement except with respect to the obligations specified in Section 4. 2, Section 4.3, this Section 4.4 and Section 10.2. Purchaser shall, within ten (10) days of such termination, deliver to Seller copies of the Title Commitments, Surveys, and any updates, all feasibility studies, engineering reports, environmental reports and all other information obtained by Purchaser with respect to the Property. 5. NO REPRESENTATIONS OR WARRANTIES BY SELLER; ACCEPTANCE OF PROPERTY* COVENANTS BY SELLER 5.1 Disclaimer. PURCHASER ACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES (OTHER THAN THE WARRANTY OF TITLE AS SET OUT IN THE DEED, AS DEFINED BELOW), PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH PURCHASER MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY Bank of America -- 1999 PIJRCIIASE AND SALE AGREEMENT - 1 \1PRMT1) t.ECAI. EAST -it lfi lfi.000•v l- Consolidation _F1.2.146— $unset_Point_Centncc D(W. ORiG'I VAI.1 gECEIVEEp JUN 0120M AilW QEFARWEMt Cn Or- '-`L #t+ZwArt=n OF THE CONSTRUCTION OR MATERIALS, 1F ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE, ZONING OR DEVELOPMENT OF REGIONAL, IMPACT LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE EXISTENCE IN OR ON THE PROPERTY OF HAZARDOUS MATERIALS (AS DEFINED BELOW), MOLD OR MILDEW. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAI' HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, PURCHASER IS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER AND AT THE CLOSING AGREES TO ACCEPT THE PROPERTY AND WAIVE ALL OBJECTIONS OR CLAIMS AGAINST SELLER (.INCLUDING, BUT NOT LIMITED TO, ANY RIGHT OR CLAIM OF CONTRIBUTION) ARISING FROM OR RELATED TO THE PROPERTY OR TO ANY HAZARDOUS MATERIALS ON THE PROPERTY, MOLD OR MILDEW. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED. FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERNAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION' THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. IT IS UNDERSTOOD AND AGREED THAT THE PURCHASE PRICE HAS BEEN ADJUSTED BY PRIOR NEGOTIATION TO REFLECT THAT ALL OF THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. THE PROVISIONS OF THIS SECTION 5.1 SHALL SURVIVE THE CLOSING. 5.2 Hazardous Materials. "Hazardous Materials" shall mean any substance which is or contains (i) any "hazardous. substance " as now or hereafter defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 19.80, as amended (42 U.S.C. 19601 et seq.) ( "CERCLA " ") or any regulations promulgated under or pursuant to CERCLA; (ii) any "hazardous waste " as now or hereafter defined in the Resource Conservation and Recovery Act (42 U.S C. 16901 ret seq.) ( "RCRA ") or regulations promulgated under or pursuant to RCRA; (iii) any substance regulated by the Toxic Substances Control Act (15 U:S.C. 42601 et seq.); (iv) gasoti:ne, diesel tael, or other petroleum hydrocarbons; (v) asbestos and asbestos containing materials, in any forth, whether friable or non- friable; (vi) polychlorinated biphenyls; (vii) .radon Jas; and (viii) arty additional substances or materials which are now or hereafter classified Or considered to hazardous or toxic under Environniental Requirements (as hereinafter defined) or the common law, or any other applicable laws relating to the Property; Hazardous Materials shall include, without limitation; any substance, the presence of which on the Property, (A) requires reporting; investigation or remediation under Environmental Requirements; (B) causes or threatens to cause a nuisance on the Property or adjacent property or poses or threatens to pose a hazard to the health or safety of persons on the Property or adjacent property; or (C) which, if it emanated or migrated from the Property, could constitute a trespass. WrikofAntcdca •• 1.099 t' L TRCHASE_1ArnSALEAGREE- MEN7•INIP OV'E1 LEGA1d?AST4 1616+ 9W -vi C ai% Ao1idAi011 _FL2..J,1E1�SwxvPt_E'oiut Corurn�tiJ OC, 1 ORIGIXIAL RECEIVED ►JUN 01 L, .O iPIAW1140 DEPAki vidif 5.3 Environmental .Requirements. Environmental Requirements shall mean all laws, ordinances, statutes, codes, rules, regulations, agreements, judgments, orders, and decrees, now Or hereafter enacted, promulgated, or amended, of the United States, the states, the counties, the cities, or any other political subdivisions in which the Property is located,, and any other political subdivision, agency or instrumentality exercising jurisdiction over the owner of the Property, the Property; or the use of the Property, relating to pollution, the protection or regulation of human health, natural resources, or the environment, or the emission, discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or waste or Hazardous Materials into the environment (including, without limitation, ambient air, surface water, ground water or land or soil). 5.4 Environmental .Risks. Purchaser acknowledges that there are, or may be, certain environmental issues and/or risks with respect to the Property. 5.5 htdemnil . Purchaser hereby expressly acknowledges that from and after the. Closing, Purchaser shall be responsible and liable for the proper maintenance and handling of any and all Hazardous Materials, if any, located in or on the Property or in the Improvements in accordance with all Environmental Requirements, including the regulations at 40 C.F.R. Section 61 as authorized under the Clean Air Act and all regulations promulgated or to be promulgated under all other applicable local, state or federal laws, rules or regulations, as same may be amended from time to time. Furthermore, from and after Closing, Purchaser shall indemnify and hold Seller Harmless from and against any and all claims, costs, damages or other liability, including attorney's fees, incurred by Seller as a result of any Hazardous Materials being located now or previously on (lie Property or in the Improvements or as a result of Purchaser's failure to comply with the requirements of this Section in connection with Purchaser's proper maintenance and handling of any and all Hazardous Materials, if any, located in or on the Property or in the Improvements. This Indemnification shall survive the Closing of this Agreement. 5.6 Release. Purchaser, on behalf of itself and its heirs, successors and assigns hereby waives, releases, acquits and forever discharges Seller, its .officers, directors, shareholders, employees, agents, attorneys, representatives, and any other persons acting on behalf of Seller and the successors and assigns of any of the preceding, of and from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, which Purchaser or any of its heirs, successors or :assigns now has .or which may arise in the future on account of or in any way related to or in connection with any past, present, or future physical characteristic or condition of the Property or the Improvements, including., without limitation, any Hazardous Materials in, at, on, under or related to the Property or, the improvements, or any violation or potential violation of any Environmental Requirement applicable thereto. Notwithstanding anything to the contrary set forth herein, this release shall survive the Closing or ter{nination of this Agreement. 5.7 .Radon Notice. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED 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. Bank or America -- I PURCHASE AkinS I; AQRFFL11Nj\"r lttP 0VPjj I.. ECAi. h::\ ST. I1 G760• vl• Ct: nsoiidatian�l l3- tdCa _tiunset_('ni:it_Cont�act.r)O(7 ORIGINAL r, RECEIVEr JUN O 1 _ FIAN" t*r,• ,,, ;v r Cirf OF CLMv rr 6. CLOSING (6.1 Closine. The closing (the "Closing ") shall be held on a date determined by Seller, which shall be thirty (30) days after the banking center located on the Property has closed for business (tile "Closill;- gate "), provided Seller shall have the right to extend the Closing Date for up to an additional thirty (30) days. The Closing shall be held in escrow by delivering all documents and the Purchase Price to the Escrow Agent, or its designee, on or before the Closing Date, unless the parties mutually agree upon another time or date. 6.2 Possession. Possession of the Property shall be delivered to Purchaser at the Closing, subject to the Permitted Exceptions: 6.3 Proration- Taxes. At Closing, pro - rations of income and expense and the apportionment of taxes shall be as follows: (a) All prorations of income, expense and taxes shall be made as of midnight of the day prior to the. Closing. Taxes shall be prorated based upon the maximum allowable discount and other Applicable exemptions. If the Closing shall occur before the tax rate or the assessed valuation of the Property is fixed for the. then current year, the apportionment of taxes shall be upon the basis of the tax rate for the preceding year applied to the latest assessed valuation based upon the maximum allowable discount and other applicable exemptions. Subsequent ,to the Closing, when the tax rte and the assessed valuation of the Property is fixed for the year in which the Closing occurs; the parties agree that there shall be no post - closing adjustment of the tax proration. if the Property is not assessed as a separate parcel for tax or assessment purposes, then such taxes and assessments attributable to the Property shall be determined by Seller in its reasonable discretion. If, as of the Closing, the Property is not being treated as a separate tax parcel, then Purchaser shall, at its sole cost and expense, use diligent best efforts to ensure that the Property is - assessed separately for tax and assessment purposes within no more than one year from the Closing Date. (b) The agreements of Seller and Purchaser set forth in this Section 6:3 shall survive the Closing. 6.4 Closing Costs. Except as otherwise expressly provided herein, Seller shall pay, on the Closing Date., all of the cost of the preparation of (lie deed, any documentary stamps or transfer taxes on the deed and surtax, if any, and certified and pending special assessment. liens for which the work has been substantially completed, and Purchaser shall pay, on the .Closing Date, the cost of the Title Commitment, including; without limitation, the cost of any title searches or abstracts of the Property, and the premium for the Owner's Policy; all recording costs, intangible tax on any mortgage, documentary stamps or tax on any note, pending special assessment liens for which the work has not been substantially completed, the cost of any inspections conducted by Purchaser, and any other customary charges and costs of ,closing. In addition, .Purchaser shall reimburse. Seller for the cost of the Title Commitment and any search fees, the Survey, and the Phase I and any recertificatio.n%, endorsements and updates thereof. Except as otherwise provided herein, each party shall pay its own attorneys' fees. Purchaser shall pay the cost of any escrow fees charged by the Escrow Agent. The premiums for the title insurance policies shall be at the rates promulgated by the state or recording district, as applicable, where the Property is located. The cost of the Survey and Phase I shall be in accordance with the rates negotiated by Seller with the vendors. Bank or America -- 1599 PURCt1AU AND-SALE AGREFMFN'T • 11,1PRt)yls`t) IXGALF AST -# 161Wi 10- vI- Consolidntion_FL2.1.46 Sunset_('oint.._Contract.DO(' ,0RIr1NAL n. �2EC:Gy;�t;.• %0 DEPARt'�ENt CHAT[ R 6.5 Seller's Oblieations at the Closing. At the Closing, Seller shall deliver to Escrow Agent, or its designee, each of the following documents but in no event earlier than the delivery to Seller of all of the proceeds of sale of the Property by wire transfer or immediately available U.S. funds: (a) Deeds. Special, Limited or Quitclaim Deed in the form approved for.or otherwise customarily used for.conveyances in the recording district in which the Property is situated (the "Deed ") properly executed by Seller for recording conveying the Property and the lntprovements located thereon to Purchaser subject to no exceptions other than the Permitted Exceptions. (b) Evidence of Authority. Copy of such do. cunients and resolutions as tiiay be acceptable to file Title Company, so as to evidence the authority of fhe person signing the Deed and other documents to be executed by Seller at the Closing. (c) Foreilyn Person. An affidavit of Seller certifying that ,Seller is not a "foreign person ", as defined in the Federal Foreign investment in Real .Property Tax Act of 1950 and the 1954 Tax Reform Act, as amended. (d) Owner's Affidavits. An executed affidavit or other document for the Property acceptable to the Title Company in issuing the Owner's Policy without exception for possible lien claims of mechanics; laborers and materialmen or for parties in possession, and .insuring the gap. (e) Bill of Sale and Assignment: Bill of Sale and Assignment for the Property (the "Sill of Sale") executed by Seller assigning to Purchaser. the Tangible Personal. Property, in the form attached to this Agreement as Exhibit D. (f) Closing; Statement. A closing statement setting forth the allocation of closing costs, purchase proceeds, etc. (g) Other Documentation. Such other documents as may be reasonable and necessary in the opinion of the Title Company to consummate and close. the purchase and sale contemplated herein pursuant to the terms and provisions of this Agreement, provided .Seller shall not be required to cure any title objections. 6..6 Purchaser's Obligations at the Closing. At the Closing, .Purchaser sliall deliver to Seller the following. (a) Purchase Price. The Purchase Price by wire transfer of immediately available U.S. funds; (b) Evidence of Authority. Such consents. and authorizations as Seller may reasonably deem necessary to evidence authorization of Purchaser for the purchase of the Property, the execution and delivery of any documents required in connection with Closing and the taking of all action to be taken by the Purchaser in connection with Closing; and (c) Other Documentation. Such other documents as may be reasonable and necessary in the opinion of the Title Company to consummate and close the purchase and sale contemplated flank of Aniet ica -- 19999 ORIGINAL PUP.f HASP.:.A.\D,SALIc AGREEMLNI' - IMPPOVED L-EGAIr' SST« IGIGiti7O- vI•Consglitlaiintt_FL3I46_Siin t Faint_Contraet.DOC R� °�'veD 7 0 Moo* ®C��VdATERI herein pursuant to the terms and provisions of this Agreement, including without limitation the Closing Statement. 7. RISK OF LOSS 7.1 Condemnation. If, after the date of this Agreement and prior to (lie Closing, action is initialed to take the Property by eminent domain proceedings or by deed in lieu thereof, Purchaser may either (a) terminate this Agreement, or (b) consummate the Closing, in which latter event the award of the condemning authority shall be assigned to Purchaser at the Closing. If, prior to the date of this Agreement, an action has been initiated to take any of the Property by eminent domain proceedings or by deed in lieu thereof, any award made by the condemning authority shall be paid to Seller and the portion of the Property taken shall be deleted from the Property without a reduction in the Purchase Price. 7.2 Casualty. Seller assurnes all risks and liability for damage to or injury occurring to the Property by fire, storm; accident, or any other casualty or cause until the Closing has been consummated. If the Property and its Improvements suffer any damage in excess of 100,000.00 prior to the Closing from fire or other casualty, which Seller, at its sole ,option, does not repair; Purchaser may either (a) terminate this Agreement; or (b) consummate (Ire Closing, in which latter event the proceeds of any insurance not exceeding the Purchase Price and covering such damage shrill be assigned to Purchaser at the Closing. if the Property and its Improvements suffer any damage less than or equal to 5100,00.0.00 prior to the Closing, Purchaser agrees that it will consummate the Closing and accept the assignment of the proceeds of any insurance covering such damage at the Closing. 8. DEFAULT 8.1 Default by Purchaser. The parties acknowledge that in the event of a default by Pure baser Seller's actual damages would be extremely difficult or impracticable to determine, therefore, the parties agree that the amount of the ,Earnest Money has been agreed upon, after negotiation while represented by counsel, :as the parties' reasonable estimate of Seller's damage, and in the event that Purchaser fails to perform all of Purchaser's obligations under this Agreement, the Earnest Money made hereunder by Purchaser, together with all interest earned thereon, shall be retained by:Seller as liquidated damages and such shall be Seller's sole and exclusive remedy at law or in equity for any default by Purchaser under this Agreement; provided that such liquidated damages shall not be a limitation upon any . obligation of the Purchaser to indemnify and hold harmless the Seller contained its this Agreement.. 8.2 Default by Seller. The parties acknowledge that in the event Of a default by Seiler Purchaser's actual damages would be extremely difficult or impracticable to determine; therefore, the parties agree that the amount of the Earnest Morley, together with (a) all interest canned thereon and (b) the :Sum of $5,000.00 has been agreed upon, after negotiation while represented by counsel; as the parties' reasonable estimate of Purchaser's damages; and should Seller default, the Earnest Money made hereunder by Purchaser, together with the suers listed in (a) and (b) above, shall be returned to Purchaser and such shall be Purchaser's sole and exclusive remedy at law or in equity for any default by Seller under this Agreement. 83 Return/Delivery of Earnest Money. In the event the Earnest Money is returned to the Purchaser, as provided in Section 8.2 above, or delivered to the Seller, as provided in Section 8.1 above, upon the return or delivery of the same, the parties hereto shall have no further rights, obligations or Bank of America •• 1991.1 PURCHASEAND S1IF 1CHEENfE%7 IMPROVED [. EG: I1. F�1. ST- �1(` i16S?Oe1• ��i• Consnli�lytion ,�rLi- I =16_.,,Sur�t f'niut_Cunu-3ct.C)C7e� ORiGOV RECrtv'�F R 'VZ; liabilities with respect to each other hereunder, except for the obligations specified in Section 4.2, Section 443; Section 4.4 and Section 10.2 hereof. Nothing set forth herein shall release Purchaser from its obligations and indemnifications set forth in Section 4.2, Section 4.3, Section 4.4 and Section 10.2 of this Agreement. 9. FUTURE OPERA'T'IONS 9.1 Future Operations. From the date of this Agreement until the Closing or earlier termination of this Agreement, Seller will (a) keep and maintain the Property in substantially the same condition as of the -date of this Agreement, reasonable wear and tear excepted, and (b) promptly advise Purchaser of any litigation; arbitration or administrative hearing condemnation or damage or destruction concerning. the Property arising or threatened of which Seller has written notice. 9.2 'Trade Fixtures and Eauinment. Purchaser acknowledges.that Seller is currently operating a banking facility on the Property. Seller shall be entitled, at Seller's option, to remove from the Property all trade fixtures, equipment, furniture; furnishings, artwork, appliances, supplies, records, documents, cash; coin, and other items of moveable personal property relating to the operation of Seller's business that may be situated upon the Prop_ erty (including, without limitation, all safes, vaults, vault doors, signage, pylons, alarms and securiiy equipment, auxiliary generators, cubicles and removable partitions, computers and computer- related equipment, telecommunication equipment,.liaian systems, draperies, and decorations), and such items removed by Seller shall be excluded from the Improvements and Tangible Personal Property to be conveyed hereunder and shall remain the property of Seller. Seller shall have no obligation to repair any damage to the Property caused by the removal of such items, and Purchaser shall accept the Property in its then - existing. condition at Closing. 10. MISCELLANEOUS 10.1 Notices. All .notices, demands and requests which may be given or which are required to be given by either party to the other tinder this Agreement, and any exercise of a right of termination provided by this Agreement, shall be in writing and shall be deemed effective when either: (i) personally delivered to the intended recipient; (ii) three (3) business days after having been sent, by certified or registered mail, return receipt, requested, addressed to the intended recipient at the address specified below; (iii) delivered in person to the address set forth below for the party to wham the notice was given; or (iv) at noon of the business day next following after having been deposited into the custody of a nationally recognized overnight delivery service such as Federal Express Corporation or UPS; addressed to. such party at the address specified below. Any notice sent as required by this section and refused by recipient shall be deemed delivered as of the date of such refusal. For purposes of this Section 10. 1. the addresses. of the parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): irro SELLER: Bank of America, N.A. If -Property is in 101 East Kennedy; 16" Floor (FL 1- 400- i6 -12) AR, CA, FL, TA, 1L, KS, INTO, Tampa, Florida 33602 NC, OK, PA, SC, TX, VA, WA Attention: Patricia L. Ramos Ph; (H l 3) 225 -8176 Fax: (704) 409 -0574 Hank brlrnerica ••l`J9 t'URCHA > .X `.L78AI�F;AGRfi @: F -T- 111PItOVEn I -MAL 1ST416169,M• cl= Consolidation_ M24 .16_Sunset_Pniw;_Gontract.UOC 1 ORIGINAL RECEIVED JUN 012010 PLANNING DEPARTMENT CRY OF CLEARWATER Bank of America, N.A. if Property is in One Federal Street, 4`h Floor (MA5- 503- 04 -1.8) CT, MA, ME, NH, NJ. Boston, Massachusetts 02110 NY; RI Attention: Joan Arna Ph: (61 T) 346-2047 Fax- (617) 310 -3033 IF TO ESCROW AGENT: Chicago Title Insurance Company 5447 Nellie Davis Lane `Pampa, FL 33634 Attn: Amy Lauber, VP., Agency .Manager Ph: (813) 249 -2468, Ext. 3021 Fax: (813.) 885 -3800 10:2 Real Estate Commissions. Seller agrees to .pay Jones Lang LaSalle, CB Richard .Ellis, Inc., or Lincoln Harris, LLC, as applicable ( "Broker''), upon the closing of the transaction contemplated hereby, and not otherwise, a cash commission in accordance with a separate agreement between Seller and Broker. Purchaser agrees to pay any commission due Purchaiser, broker, if applicable. Purchaser acknowledges that Seller has no obligations, either express or, implied, to Purchaser's broker and that this Agreement shall not create any privity of contract between Seller and Purchaser's broker. As used herein, "Acquisition Fees" shall mean all fees paid to any person or entity in connection with the.selection and purchase of the Property including real estate commissions, selection fees, nonrecumng management and startup foes, development fees or any other fee of similar nature. Seller ;and Purchaser each hereby agree to indemnify and bold harmless the other from and against any and all claims for Acquisition. Fees or similar charges with respect to this tratsaction, arising by, through or under the indemnifying party, and each further agrees to indemnify and hold harmless the other from any loss or damage resulting from an inaccuracy in dte representations contained in this Section 10.2. This indemnification agreement of the parties shall survive the Closing. 10.3 Entire Agreement, This Agreement embodies the entire agreement between the parties relative to the subject matter hcreof,.and there are no oral or written a-reements- between the. parties, nor Bank of Amoica ,. 1999 PURCHASE ANn sal E ,GH (;1\1E,,v7 - livtpteov� 1) pR1GINAt- i I Gr1Lh iST ttlfilfi� {3(l -i l Consgtid �I: inns Ft. 2- I4G�Sun3et _Point_(<fnt.ri�rt.11(lC 1(1 RECEIVED AU1\%, ,1 -, v MAOM DEPARTMENT CWOF6FWXER any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 10.4 Amendment. This Agreement may be amended only by a written instrument executed by the party or parties to be bound thereby. 10.5 Headings. The captions and headings used in this Agreement are for convenience only and do not in any way limit, amplify, or otherwise modify the provisions of this Agreement. 10.6 Time of Essence. Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the united States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal Holiday. 10.7 Covernina Law. This Agreement shall.be governed by the laws of the Statc in which the Property is located and the laws of the United States pertaining to transactions in such State. Tor any controversy hereunder, the parties shall submit the venue to a court of competent jurisdiction in the county in which the Property is located:. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof-, accordingly, tills Agreement shall not be more. strictly construed against any one of the parties hereto. 10.8 Successors and Assigns; This Agreement shall bind and inure to the benefit of Seller and Purchaser and their respective heirs, executors, administrators, personal and legal representatives, successors and assigns. Purchaser shall not assign Purchaser's rights under this Agreement without the prior written consent of Seller. 10.9 invalid Provision. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable.; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 10.10 Attorneys' Fees. I1t the event it becomes necessary ftlr either party hereto to f le suit to enforce this Agreement or any provision contained herein, the party prevailing in such suit shall be entitled to recover, in. addition to all other remedies or damages, as provided herein, reasonable attorneys' fees, paralegal fees and cost incurred in such suit at trial, appellate; bankruptcy and /or administrative proceedings. 10.11 _Multiple Counterparts and: Facsimile Execution. This Agreement may be executed in a number of identical counterparts which, .taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such .counterpart executed by the party to be charged. A facsimile copy of this Agreement and any signatures thereon shall be considered for all purposes as originals. 10.12 Gate of this Agreement. As used in this Agreement, the terms "date of this agreement" or "date hereof' shall mean and refer to the date on which Seller executes this Agreement. Bank orAmecica -• 1W9 PURE 11 ASE AND SALE ACREE;\11 NT - INIPROVEtl LEGA k k.S`t'- 16 16 130- 0- Consolidation_FI 2. 146__$ wiset_Point— canu:na.t.1QC t t JUN 0 �,.. PLANNING DEF'Fdt�i�6Nf' 10.13 Exhibits. The following exhibits are attached to this Agreement and are incorporated into this Agreement and made a part here: (a) Exhibit A, the Properties; (b) Exhibit B, the E -arrest Money Escrow Agreement; (c) Exhibit C; the Permitted Exceptions; and (d) Exhibit D, the Hill of Sale. 10.14 Authority. Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant. to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 10.15 Recordation: Publicity. Neither this Agreement nor any memorandum or other summary of this Agreement shall be placed of public record under any circumstances except with the prior written consent of the Seller and the Purchaser. In addition, from and after the effective date of this Agreement, whether this Agreement is closed or terminated; neither Purchaser nor Seller shrill make or permit to. be made any public atntouncentents or press releases concerning the existence of this Agreement, the terms of the purchase. of the Property or any other information concerning this Agreement or the transaction contemplated herein, without the prior written consent of Seller and Purchaser. 10.16 Confidentiality. The terms of this Agreetnent shall remain confid €ntial, except to the extent disclosure is required by the federal Reserve or tither governmental authorities or required in order to close the transactions contemplated in this Agreement. from and after the date of this Agreement, except with the prior written consent of the other parry, neither Purchaser nor Seller shall prior to Closing make or permit to be made any public announcements or press releases concerning this Agreement., the terms of' the purchase of the Property or any other information concerning this Agreement .or the transaction contemplated herein. After die Closing, the parties will .agree on the information contained in any press release or announceriient as to the Closing of the transaction contemplated by this Agreement, This provision shall survive the Closing of this Agreement. 1(1,17 Section 1031 Exchange. Either Seller or Purchaser shall have the right to treat this Property as part of a tax- deferred lil.c- kind exchange. under .Section 1031 of the Internal Revenue Code ands to that end; shall have the right to assign or otherwise alter this Agreement in order to accomplish that objective, provided the net economic effect (including the date of Closing and the exposure of the parties to liability) shall be essentially the same as under this original Agrrrement. 10.18 Digital Image. The parties agree to accept a .digital image of this Agreement* as executed, as a true and correct original and admissible as best evidence to the extent permitted by a court With proper jurisdiction: Bank of Anien-ca =- 19'93 I'LIttC1 �1 ' A. SA( f, AG REF IMPROVED 6EGAI:r_ =1ST -� ►G r &3W- ��I- Consnli<l:iiioei_FL? -1 df_Sunset_Ynin4_Contmei. [5f.)G ORIC —V AL 12 JUN 01 atj PLANNING DEPARITOE W CITY OF ELEARWATEF< IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under seal by persons duly empowered to bind the parties to perform their respective obligations hereunder the day and year set forth beside their respective signatures. SELLER: BANK OF AMERICA, N.A a national banking association DATE OF EXECUTION By: BY SELLER: Name: Title: 2009 Date: DATE Or EXECUTION BY PURCHASER: April 2 r,.F ? 0:10 2009 Bank of America •• i999 PURCHASE AM SALE AQ'1t EEAtFN -T - I NWRONTED LEGA FAST4 IG1o9W- rl- l; anwlidation_FL2-.14G_,Sun-,et Pa!w_Comrnct.DOC ORIGINAL 13 RECEIVEii �p JUN 01 2010 PLANNING DEPARTMENT CITY OF CLEARWATER PLC EXHIBIT A LAND That certain parcel of land tying and being in the County of Pinellas and State of Florida, more particularly described as follows From the Northeast comer of the Northwest l of the Southwest' % , of Section 2, Township 29 South, Range 15 East, run S, 0 °07'42" E., along the East line of the said Northwest % of the Southwest Y...5000 feet; thence run N. 89 °29'42" W., parallel to the East -West center line of said Section 2, 50:00 feet; thence run S. 0"07'42"E, along the Westerly right -of -way line of. Highland Avenue 175 feet for a Point of Beginning; thence continue S. 0 007'42' E., along said right- of-way line 75 feet; thence run N. 89`2942" W., 170.02 feet; thwice.run N. 0 007`42" W„ along the East line of Lot '8 of Brentwood Estates (See Plat Book 59, Page 28, Public Records of Pinellas County, Fiodda),15.77 feet to the Northeast corner of said Lot 8; thence run N. 57019'07" W., 124,72 feet to the Northeast comer of Lot 10 of said Brentwood Estates; thence run N. 6926'15" W. the North tine of Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0 °07'42° W., 157.63 feet; thence run S. 89 °29'42" E., along the South right -of -way line of Sunset Point Road (said line being 50 feet South of and parallel to the East -West center line of said Section 2) 300 feet; thence run S. 0 °07'42' 1",,175 teat; thence 8. 89 029'42`' E., 150 feet to R0.8" being a portion of the NW ' %. of the SW ' %, of Section 2 -29 -15 and being in part a portion of Lot 9, of Brentwood states. (Legal Descriptions for the Property to be verified by title cominitment and survey.) t..P.GALEAST- 816169(X.) -c! 1 -Co ist7l idaliun— fl?- 14(i- 5unset_Yaint_cgntract.DOC Page 15 Opgo*14 �kG�I+f rp �10� C E wp10 EXHIBIT C PERMITTED EXCEPTIONS TO DEED 1. Rights of parties in possession. 2. Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records as..of the elate hereof; and the consequences of any law, ordinance or governmental regulation including, but not limited to, building and zoning ordinances. 3. Defects, encumbrances, adverse claims or other matters 1) not known to the Grantor and not shown by the public records but known to the Grantee as of [lie date hereof and not disclosed in writing by tite Grantee to the Grantor prior to the date hereof; 2) resulting in no loss or daina <ge to the Grantee; or 3) attaching, or created subsequent to the date hereof. 4. Visible and apparent eaSements and rill underground eas6nents, the existence of which may arise by unrecorded grant or by use. 5. Any and all unrecorded leases, if any, and rights of parties therein. G. Taxes and assessments for the year of closing and subsequent years. 7. All judgments, liens (excluding construction liens), assessments, code enforcement liens, encumbrances, declarations, mineral reservations, covenants; restrictions; reservations, easements, agreements and any other matters as shown on the: public records. 8. Any state of facts which an accurate survey or inspection of the Premises would reveal; including inland/tidal wetlands:designation.if applicable: 9. Any liens for municipal betterments assessed after the date. of this Agreement and/or orders for which assessments may be made after the date of this Agreement. F3saik of Americh • 1599 i'(1E2i tItSF ANT) SALE AQREF.MFN7 - IMPRt VE0 l:ksClA[.F_�.S'['- '.+iGa#�JOD•c t •C,nn.�aEidnticsn_FI3•'I SFi�Stin .�et_E�crint_Contxrret. (XJG ORIGINAL RECEIVE[ JUN 01 &Wfj Pale ?( PLANNING DEPARTMENT Ot1YOF CLEARWATER EXHIBIT BILL OF SALE AND ASSIGNMENT 1=0R VALUE RECEIVED, BANK OF AMERICA, N.A. ( "Seller "), hereby sells, bargains, conveys, assigns, transfers and sets over tip ( "Purchaser "), its successors and assigns forever, all of Seller's right, title and interest in and to the furniture, fixtures; equipment and ether items of personal property (collectively, the "Personal Property ") all as located on or attached to the real estate and the building and improvenients erected thereon located at (the "Property "). TO HAVE AND TO HOLD. the above- mentioned Personal Property unto Purchaser; its successors and assigns. forever. Seller covenants, represents and warrants that it has good and legal title to the Personal Property free and clear of all claims, liens, security interests, charges and encumbrances, subject to the Permitted .Exceptions shown in any public records or listed in the .Deed from Assignor to Assignee of even date herewith conveying the Property, and that Seller has the right to transfer and convey such title to the Personal Property to Purchaser. All terms, covenants, representations and warranties contained herein shall be for and inure to the benefit of, and shall bind, the parties hereto and their respective successors and assigns. Assignee takes the Personal Property "AS IS" and "WITH ALL %AULTS" and acknowledges that Assignor has_ not made and does not .make any representations or warranties as to physical condition; operation, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose or any other matter. IN WITNESS WHEREOF, and intending to be legally bound hereby, the undersigned has executed .this BiII of Sale as of the — day of , 2009, BANK OF AMERICA, N.A. By: Name: Title. Bank - of lmerica- 1999 PURcEIA:SF, A!,M ,SALE AGREF, \JF NT - iMPRRQVEn 1 FC.a1E;ST of &lfini - rl• Gen�tilitiiitiUn_F'[.2- 1dEi_Sun et Psunt_Canrttrnct llf7t i Page 22 GLFet�Hi Pinellas County Public GIS ' ver Property Report: 0 Close window 1475 SUNSET POINT RD 02/29/15/00000/320 /0200 General Municipality: CLEARWATER Subdivison: Tax District: CW Census Block: 3000 Census Tract: 026300 Property Appraiser Tax Collector General Municipality: CLEARWATER Subdivison: Tax District: CW Census Block: 3000 Census Tract: 026300 Zipcode: 33755 Acreage: 1.525 Public Safety Fire District: 05 - Clearwater Evacuation Level: NON -EVAC Political Voter Precinct: 569 At -Large District: District 2 Calvin D. Harris Single Member District: District 5 Karen Williams Seel Environmental within 330ft. of Eagles Nest: No within 660ft. of Eagles Nest: No Rec clin g (by City) Curbside: null Dropoff: null Pickup: null Page 1 of 1 http: / /gis.pinellascounty. org /public_gis /web /parcel_report2.cf n?TYPE= ADDRES S &STNU... 6/2/2010 0 m a8 g� IMEM l n rim �Isis ® I �f t rm_ zTO rA, T 1 252A cwSTd 252B L 0 p- ° Clearwater � __ U Prepared by: III r. I p ngineering Department Geographic Technobgy Division _ 100 S. Myrtle Ave, Clearwater, FL 33756 Iwo Ph: (727)5624750, Fax: (727)526-4755 www.Myclearwater.com !"� J Publb brormaaondatekftn hWbytl CI(y PTCbenwror E"g - -ryo nc Dapa—t entl moat be accePbd erA usetl by rha p— w1M the pR and —dlna Mat me dare noaNed was colbcred Ia die puMo or s� daaebpbg a gzphb bAHYncWn Ncenbry. As srch, the CM O Cbmwaler anaea as eenanaes, expressed ImPW,, wnoa1119 me cwrxr...Pkbn— ngedwy. a sagabery N mu dare wr any other peMCUlar use. Furfhempn, Me -Ay W Cberwarer eswmos na raamy wnamePe, aaa«mrad wrm me am a, mwwe a .war der. B �'y T,b map mry nA lnwrpoMatM1a latutflak lnhmibn FOAM mwtupia-0a4 � y = , I lon ra, i Iaua _ J w-�- E pRa zoo 100 0 200 IS Feet r,x I ' Legend ��- ♦ City Owned Property °J -Trwr a L-IVN e - -- 1oµ Transfer of Development Rights - - , °� --' • 12.45 J SUB NUMBER ('- Refer to Plat) 252B L 0 p- ° Clearwater � __ U Prepared by: III r. I p ngineering Department Geographic Technobgy Division _ 100 S. Myrtle Ave, Clearwater, FL 33756 Iwo Ph: (727)5624750, Fax: (727)526-4755 www.Myclearwater.com !"� - Publb brormaaondatekftn hWbytl CI(y PTCbenwror E"g - GL N nc Dapa—t entl moat be accePbd erA usetl by rha p— w1M the pR and —dlna Mat me dare noaNed was colbcred Ia die puMo or s� daaebpbg a gzphb bAHYncWn Ncenbry. As srch, the CM O Cbmwaler anaea as eenanaes, expressed ImPW,, wnoa1119 me cwrxr...Pkbn— ngedwy. a sagabery N mu dare wr any other peMCUlar use. Furfhempn, Me -Ay W Cberwarer eswmos na raamy wnamePe, aaa«mrad wrm me am a, mwwe a .war der. B �'y T,b map mry nA lnwrpoMatM1a latutflak lnhmibn FOAM mwtupia-0a4 'f tlePid'an Ol lhly lnhavnucturo, wnvuX Na GIy Ol Gevwtlah Gig Meppl�p AplJlotlOns at' hnp:lbdevwtlerlGl6findvsarp I lon N 1 inch = 200 feet _ J w-�- E pRa zoo 100 0 200 IS Feet r,x I ' Legend ��- ♦ City Owned Property °J • Agreement to Annex „n -, e - -- 1oµ Transfer of Development Rights - - , °� --' • 12.45 J SUB NUMBER ('- Refer to Plat) O' BLOCKNUMBER W O SUB PARCEL NUMBER PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) G 9 ff� .I � � „� 1e_R _ : Building Footprint �: 7 Unincorporated Enclave Unicorporated 'R Outside of Clearwater Service Area .3 Zoning Legend RESIDENTIAL DISTRICTS MR -I.— Densely Reskenael LJ� WOR - Low Medium Density Residerdbl MDR - Medium Densely Residential L2 HEA SQiT LANE" MHP -Mobib HOme Park CRNCOD- Coachman Rbge Naighborhoad COnaervatian - Overlay Ds,iG IENCOD -I,W, E— Neig—ffi od COnsennfiO �.J��//��.��yT -: COMMERCIAL DISTRICTS SPECIAL USE DISTRICTS O- Olflce IRT =R esmch a adTecM p T - Tounsm 1 bnel M�r C- COmmenlal OS/R - Open SpecelHa ... Wnal D- Daymtgvm P - Pnservafian Ana Zoning Atlas 11MAR _ e A r --I Ac SANDY LANE Lam+ L39T19 __ 'In- E s-y t a I t l Usz t _.L rte- --- 100 S. Myrtle Ave, Clearwater, FL 33756 Iwo Ph: (727)5624750, Fax: (727)526-4755 www.Myclearwater.com !"� obaaman Publb brormaaondatekftn hWbytl CI(y PTCbenwror E"g - I la� nc Dapa—t entl moat be accePbd erA usetl by rha p— w1M the (' and —dlna Mat me dare noaNed was colbcred Ia die puMo or s� daaebpbg a gzphb bAHYncWn Ncenbry. As srch, the CM O Cbmwaler anaea as eenanaes, expressed ImPW,, wnoa1119 me cwrxr...Pkbn— ngedwy. a sagabery N mu dare wr any other peMCUlar use. Furfhempn, Me -Ay W Cberwarer eswmos na raamy wnamePe, aaa«mrad wrm me am a, mwwe a .war der. B �'y T,b map mry nA lnwrpoMatM1a latutflak lnhmibn FOAM mwtupia-0a4 'f tlePid'an Ol lhly lnhavnucturo, wnvuX Na GIy Ol Gevwtlah Gig Meppl�p AplJlotlOns at' hnp:lbdevwtlerlGl6findvsarp I lon N 1 inch = 200 feet _ J w-�- E pRa zoo 100 0 200 IS Feet r,x I ' Legend ��- ♦ City Owned Property °J • Agreement to Annex „n -, e - -- 1oµ Transfer of Development Rights - - , °� --' • 12.45 J SUB NUMBER ('- Refer to Plat) O' BLOCKNUMBER W O SUB PARCEL NUMBER PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) 100 S. Myrtle Ave, Clearwater, FL 33756 Iwo Ph: (727)5624750, Fax: (727)526-4755 www.Myclearwater.com !"� obaaman Publb brormaaondatekftn hWbytl CI(y PTCbenwror E"g - I la� nc Dapa—t entl moat be accePbd erA usetl by rha p— w1M the (' and —dlna Mat me dare noaNed was colbcred Ia die puMo or s� daaebpbg a gzphb bAHYncWn Ncenbry. As srch, the CM O Cbmwaler anaea as eenanaes, expressed ImPW,, wnoa1119 me cwrxr...Pkbn— ngedwy. a sagabery N mu dare wr any other peMCUlar use. Furfhempn, Me -Ay W Cberwarer eswmos na raamy wnamePe, aaa«mrad wrm me am a, mwwe a .war der. B �'y T,b map mry nA lnwrpoMatM1a latutflak lnhmibn FOAM mwtupia-0a4 'f tlePid'an Ol lhly lnhavnucturo, wnvuX Na GIy Ol Gevwtlah Gig Meppl�p AplJlotlOns at' hnp:lbdevwtlerlGl6findvsarp N 1 inch = 200 feet _ J w-�- E pRa zoo 100 0 200 IS Feet r,x I ' Legend ��- ♦ City Owned Property °J • Agreement to Annex „n -, e - -- 1oµ Transfer of Development Rights - - , °� --' • 12.45 J SUB NUMBER ('- Refer to Plat) O' BLOCKNUMBER W O SUB PARCEL NUMBER PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) / PLATTED SUBDIVISION BOUNDARY +Q COUNTY HIGHWAY D'a STATE HIGHWAY U.S. HIGHWAY Building Footprint Unincorporated Enclave Unicorporated 'R Outside of Clearwater Service Area .3 Zoning Legend RESIDENTIAL DISTRICTS MR -I.— Densely Reskenael LJ� WOR - Low Medium Density Residerdbl MDR - Medium Densely Residential MHDR - Metllum Hlgh Densely Rwidenaal HDR - High Density Residential df'i �' t )e= MHP -Mobib HOme Park CRNCOD- Coachman Rbge Naighborhoad COnaervatian - Overlay Ds,iG IENCOD -I,W, E— Neig—ffi od COnsennfiO Overay DW,Jd COMMERCIAL DISTRICTS SPECIAL USE DISTRICTS O- Olflce IRT =R esmch a adTecM p T - Tounsm 1 bnel M�r C- COmmenlal OS/R - Open SpecelHa ... Wnal D- Daymtgvm P - Pnservafian Ana Zoning Atlas Map Output � � Page 1 of 1 r ttp: / /msb- gis- int /servlet /com. esri .esrimap.Esrimap ?ServiceName =O V Map &ClientV ersion... 6/2/2010 Future Land Use East Lake Palm Harbor Olds ma r Dunedin Safety Harbor ■ Clea rate r • * + • 11 P, Belleair + • • * ' • WATER • ■ Larilo Feather Sound i • * • z • • ` * • Belleair Beach + + 0 + • Legend # • • • • BY RAM DR ' • Parcel Information m + • • r G , • • • • Streets + r • • � m RU • • Parcels WILSON RD + • + • • • • + Future Land Use • r ■ a r • a • • • ; ERIN LN • RE RS J u_ ® RL SUNSET POINT RD Au Sl�fti1SET -POIN T RL1A ® • r • R/OCs14T5 . RM ■ RN RFi • • • ,� • 4 * R1lSL SPRING - Lry • R OG ■ R1Q'R r RFH ■ ■ . • • ■ i • . . m , Ca CN THAMES LN_ CL z r ■ CG IL JOEL LN ■ P • s + • r • r * • • • I ■ RJOS 0 ■ INS ® vu ® WATER CBD CRD r ttp: / /msb- gis- int /servlet /com. esri .esrimap.Esrimap ?ServiceName =O V Map &ClientV ersion... 6/2/2010 Map Output 0 • Page 1 of 1 rttp: �Imsb- gis- int /servlet/com.esri.esrimap. Esrimap? ServiceName= OVMap &ClientVersion... 6/2/2010 1475 Sunset Point Rd. Zoning East Lake Palm Harbor Oldsmar Dunedin + • • i • ■ ' Safety Harbor * C] ♦ ' ♦ A * * Z • + + r r • ■ Clearwater r r + y w + ■ ' + 6 + i BY RAM DR Belleair M * p i * ♦ • La Largo Feather Sound • + r ■ y Belleair Beach WEIR WEIR m i • wlLSOrr RD * i . . i + Legend s r ■ i r ♦ + • p i • Parcel Information + i ERIN LN ' Streets r ♦ + s • • a + + D , . i ■ i * • s ♦ Parcels U. Zoning SUNSET POM RD LDR EJ + r 0475 SUNSET PQIf T LMDR . MDR ❑ MNDR �iHDR i i i i 4P i ■ IIDR SPRING LN � MIIP T--1--1- i • i • • + ® T C ■ C ■ ■ i� i + i i • t f r— r • D TFKMES LN L7 _ � • E] p • i •♦ ■•■ i i r r z i s .IRT i ,• i + i i • • El OS'R JCEL LN P -;� cuunly rttp: �Imsb- gis- int /servlet/com.esri.esrimap. Esrimap? ServiceName= OVMap &ClientVersion... 6/2/2010 Property Appraiser General l -oration Page 1 of 4 Interactive Map of this Sales Back to QueU New Tax Collector Home Question /Comment about this parcel ue Results Search Paee paee 02- 29 -15- 00000 - 320 =0200 Portability Data Current as of June 02, 2010 Print Radius Search Improvement Valu Calculator [9:49 am Wednesday June 21 per F.S. 553.844 Ownership/Mailing Ownership/Mailing Address Site Address BANK OF AMERICA ATTN CORP REAL ESTATE Year ASESSMENT 1475 SUNSET POINT RD NCI- 001 -03 -81 CLEARWATER 33755- 101 N TRYON ST Municipal CHARLOTTE NC 28255 -0001 Homes Cap l� Property Use: 2331 (Financial Institution - (savings, full service branch bank, loan Living Units: company, mortgage company, credit s) 0 [click here to hide] 2010 Legal Description UNPLATTED LAND IN NW 1/4 OF SW 1/4 & PT OF LOT 9 OF BRENTWOOD ESTATES DESC BEG NW COR OF SD LOT 9 TH N89D 26'15 "W 175.15FT TH NOOD 07'42 "W 167.63FT TH S89D 29'42 "E 300FT TH SOOD07' 42 "E 175FT TH S89D29'42 "E 150FT TH SOOD07'42 "E 75FT TH N89D29'42 "W 170.02FT TH NOOD07'42 "W 15.77FT TO NE COR OF LOT 8 OF BRENTWOOD ESTATES TH N57D19'07 "W 124.72FT TO POB (CONT 1.52 AC(C) 2010 Exemptions Homestead: No Save - Our -Homes Cap Percentage: 0.00% Non - Homestead 10% Cap: Yes Government: No Institutional: No Agricultural: $0 Historic: $0 2009 Parcel Information 2009 Original Trim Notice Most Recent Conveyance I Sales Comparison 11 Census Tract Evacuation Zone Plat Book/Page 02237/0104 Sales Query 121030263003 NON EVAC 2009 Value Information Year Save -Our- Just/Market Assessed Value/ County School Municipal Homes Cap Value SOH Cap Taxable Value Taxable Value Taxable Value 2009 No $745,000 $745,000 $745,000 $745,000 $745,000 http: / /www.pcpao.org /general.php ?strap= 152902000003200200 6/2/2010 [click here to hide] Value History Year Save -Our- Just/Market Assessed Value/ Coun School Municipal Homes Cap Value SOH Cap Taxable Value Taxable Value Taxable Value 2009 No $744,999 $745,000 $7451000 $745,000 $745,000 2008 No $875,000 $875,000 $87500 $875,000 $875,000 2007 No $866,000 $866,000 $866,000 N/A $866,000 2006 No $860,000 $860,000 $86000 N/A $860,000 2005 No $780,000 $780,000 $78000 N/A $780,000 2004 No $710,000 $710,000 $71000 N/A $710,000 2003 No $680,000 $680,000 $680,000 N/A $680,000 2002 No $658,000 $658,000 $658,000 N/A $658,000 http: / /www.pcpao.org /general.php ?strap= 152902000003200200 6/2/2010 Property Appraiser General 1 •mation Page 2 of 4 2001 No $632,800 $632,800 $632,800 N/A $632,800 2000 No $613,700 $613,700 $613,700 N/A N/A 1999 No $586,200 $586,200 $586,200 N/A N/A 1998 No $607,900 $607,900 $607,900 N/A N /A! 1997 No $627,900 $627,900 $627,900 N/A N/A 1996 No $642,200 $642,200 $642,200 N/A N/A 2009 Tax Information Ranked Sales See all transactions Click Here for 2009 Tax Bill Tax District: CW Sale Date Book/Page Price Q/U V/I 2009 Millage Rate: 21.0279 No recent sales on record Taxes without any $15,665.79 exemptions: A significant change in taxable value may occur when sold due to changes in the market or the removal of exemptions. Click here for more information. 2009 Land Information Seawall: No Frontage: None View: Land Use Land Size Unit Value Units Method Financial Inst (23) 0x0 6.50 62940.4600 SF [click here to hide] 2010 Building 1 Structural Elements Back to Ton Site Address: 1475 SUNSET POINT RD CLEARWATER 33755- Quality: Average Square Footage: 10586.00 Foundation: Spread/Mono Footing Floor System: Masonry Pil/Stl Exterior Wall: Concrete Blk/Stucco Roof Frame: Bar Joint/Rigid Frame Roof Cover: Blt Up Metal /Gypsum Stories: 2 Living units: 0 Floor Finish: Carpet Combination Interior Finish: Dry Wall Fixtures: 9 Year Built: 1964 http: / /www.pcpao.org/general.php ?strap= 152902000003200200 6/2/2010 Property Appraiser General l Tnation Page 3 of 4 Effective Age: 35 Cooling: Heat & Cooling Pkg No Building Drawing Available Building 1 Sub Area Information Description Building Finished Ft2 Gross Area Ft2 Factor Effective Ft? Base 5,539 5,539 1.00 5,539 Canopy(only or loading 0 1,382 0.25 346 platform) Upper Story 3,665 3,665 0.90 3,298 Total Building finished SF: 9,204 Total Gross SF: 10,586 Total Effective SF: 9,183 [click here to hide] 2010 Extra Features -- — Aerials: 2009 Color Description Value/Unit Units Total NewValue Depreciated Value Year FENCE $5.00 300.00 $1,500.00 $600.00 1964 BK WINDOW $10,000.00 2.00 $20,000.00 $8,000.00 1964 ASPHALT $1.75 8,000.00 $14,000.00 $14,000.00 0 click here to hide Permit Data Permit information is received from the County and Cities. This data may be incomplete and may exclude permits that do not result in field reviews (for example for water heater replacement permits). Any questions regarding permits should be directed to the permitting office in which the structure is located. Permit Number Description 11 Issue Daatel Estimated Value No Permit Data Found Radius (feet):' 1350 -- — Aerials: 2009 Color - Transparency: 0.5 _ Update Map If you do not see map, the SVG viewer has not been installed. Click here for information and installation. ow to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word http: / /www.pcpao.org /general.php ?strap = 152902000003200200 6/2/2010 Property Appraizer Ger_eral Iotnation +� Page 4 of 4 docum mt, Select "last~ Special" from Edit menu on toolbar; Select Bit-nap, then OK How to ccpy and paste a static map using Mozilla Firefox: Right -cli3k on the map; Select "This Frxne "; %lect'Open Frame .n New W inJoT "; P -int from the new wincow. A 1A J -� I. �. W`17 � I it • st 1 a s t'° ® i 1 60 6ti fi 7 8D f1.' > 90 74 -4 3E 8 J� 39 10 2 i —77--76-- E 60 Ti7 •,9 �7a.aa. • Fii:.. 62 S3 C-4 — At W 1,A x X50 4 x Interactive Map of Mis Sales Back to Oue-X New Tac Collector Home Question /Common ahc ut this parcel ue Results Search Page naee http : /Y'- iww.pcpao.org / €eneral.php ?strap =- 5290200000320C200 612/2010 jjl /•� CITY OF CLEARWATER ♦ V I = R Ted'' .}PLANNING & DEVELOP\7Eyr DFPARTiNiENT PosT UFr'ICe Box 4748, CLEAItWi1f'Elt, FLORIDA 33758'4748 MUNICIPAL SERVICES BUILDING, 100 SOU7}I MYRTLE AVENUE, CLEARWA1'Elt, FLOIUDA 33756 TELEPHONE (727) 562 -4567 FAx (727) 562 -4576 RECEIPT # : 391187 DATE: 6/1/2010 Line Items: Case No. Tran Code Description Revenue Account No. Amount Paid' LUZ2010 -06001 LUPA Land Use - Atlas Amendment 001000000341262000 $885.00 Line Item Total: $885.00 Method Payor Cashier Check No. Amount Paid Check Pressman and Associates Inc R D 4591 $885.00 Payment Total: $885.00 As of June 19, 2009, in accordance with City Ordinance #8025 -09 sec.32.288, all hauling of construction and demoliton debris using open top roll -off containers will need to be coordinated through the City of Clearwater Solid Waste department. For more information, please call 727 - 562 -4920. 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. 6/1/2010 "EQUAL &PLOYMEQT AND AFFIRNiKa E Acnoc En4PLoiiie' Receipt2Custom 3 CDB Meeting Date: July 20, 2010 Case Number: LUZ2010 -06001 Owner /Applicant: Bank of America/Belleair Development Group, LLC Address: A Portion of 1475 Sunset Point Road Agenda Item: EE =6 CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT BACKGROUND INFORMATION REQUEST: (a) Future Land Use Map amendment from the Residential /Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) classification; and (b) Rezoning from the Office (0) and the Low Medium Density Residential (LMDR) districts to the Commercial (C) district. SITE INFORMATION Property Size: 66,211 square feet or 1.52 acres Portion of Property Subject to Amendment: 53,578 square feet or 1.23 acres Property Use: Current Use: Bank (Not in use since 2007) Proposed Use: None Plan Category: Current Categories: Residential /Office General (R/OG) Residential Urban (RU) Proposed Category: Commercial General (CG) Zoning District: Current Districts: Office (0) Low Medium Density Residential (LMDR) Proposed District: Commercial (C) Existing Surrounding Uses: North: Single Family Residential South: Single Family Residential East: Vacant Gas Station West: Retail, Printers Community Development Board — July 20, 2010 - Case LUZ2010 -06001 - Page 1 of 10 SA\Planning Department \C D B\Land Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, The proposed amendment involves the north and west portions of a parcel located at 1475 Sunset Point Road, comprising approximately 1.23 acres. The amendment request is to change the current Residential /Office General (R/OG) and the Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category and the Office (0) and the Low Medium Density Residential (LMDR) zoning categories to the Commercial (C) zoning category. The 0.29 -acre remainder of the parcel, which fronts on Highland Avenue, is currently designated by the Commercial General (CG) future land use category and Commercial (C) zoning category. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property, connecting to Highland Avenue. This land use amendment and rezoning application was not accompanied by an application for site redevelopment. Redevelopment of the site was discussed in concept with the applicant at the Planning & Development Department's Building Plan Review Committee meeting on April 7, 2010. At that time, the applicant did not identify a specific end use for the site. Earlier this year, a concept plan of the subject property showed the property as a Dollar General store and the parcel to the east as a Taco Bell fast -food restaurant with shared parking. A later rendering showed only the subject property as a Dollar General store. The applicant also stated that auto sales use was being considered for the property. At the July 7, 2010, BPRC meeting, the engineer for the property indicated that a Dollar General store and gas station were possible end uses of the subject property and the parcel to the east. In accordance with the Pinellas Planning Council Countywide Plan Rules, this future land use map amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the requested density, review and approval by the Florida Department of Community Affairs is required. I. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN [Section 4- 602.F.1 and 4- 603.F.1] Recommended Findings of Fact The following objective and policies of the Clearwater Comprehensive Plan are not supportive of the proposed land use plan amendment: Policy A. 2.2.3 Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. Policy A.5.5.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Community Development Board —July 20, 2010 -Case LUZ2010 -06001 -Page 2 of 10 SAPlanning Department \C D B\Land Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd -Bel leair Development Group, LLC \St&i Rep o',LU1__2010 -06W1 !.a Objective A.62 The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Recommended Conclusions of Law While commercial designation of the subject property would encourage land use conversion on an economically underutilized parcel and promote redevelopment activities (reference Policy A.6.2.2) through potential parcel consolidation with the commercially designated parcel at the roadway intersection, the potential extension of intensive commercial uses along the predominantly residential corridor could negatively impact adjacent neighborhoods. The proposed amendment would allow for additional uses not allowed under the subject property's current future land use and zoning designations. Some of these potential uses are incompatible with the surrounding environment and envisioned character of the neighborhood. Since no use is currently being proposed, it is not possible to know what off -site impacts the use will have on the single - family residential neighborhoods to the north and south. Sunset Point Road, west of Highland Avenue is primarily residential in nature with some office, neighborhood retail, and institutional uses. It is most appropriately suited for these uses and not commercial uses that generate citywide or countywide residents. II. CONSISTENCY WITH COUNTYWIDE PLAN RULES Recommended Findings of Fact The purpose of the proposed Commercial General (CG) category, as specified in Section 2.3.3.5.4 of the Countywide Plan Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a manner designed to provide community and countywide commercial goods and services; and to recognize such areas as primarily consistent with the need, relationship to adjoining uses and with the objective of encouraging a consolidated, concentrated commercial center providing for the full spectrum of commercial uses. The site is located across the Sunset Point Road right -of -way from single family homes to the north. To the immediate south are also single family homes. A vacant gas station is located immediately east of the site. To the west are a small market and print shop, both nonconforming uses. Low Medium Density Residential, Office, and Commercial zoning districts surround the site. Locational Characteristics, as specified in Section 2.3.3.5.4, state that the Commercial General (CG) category is appropriate to locations in and adjacent to activity centers where surrounding land uses support and are compatible with intensive commercial uses; and in areas in proximity to and with good access to major transportation facilities, including mass transit. The subject property does not meet the locational characteristics stated above since it is not located in or adjacent to an activity center or a major transportation facility. However, the property is located on a PSTA bus route. Recommended Conclusions of Law The Sunset Point Road corridor, west of Highland Avenue, is not an area that is developed, or Community Development Board —July 20, 2010 -Case LUZ2010 -06001 -Page 3 of 10 SAPlanring - Department\C D MI-and Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC \Staff epor[,LUZ2010 -06001 Staff -fAoc - - appropriate to be developed, in a way that provides community and countywide commercial goods and services. The site is not located in or adjacent to an activity center or a major transportation facility. The proposed plan amendment is not consistent with the purpose or the locational characteristics of the Countywide Plan Rules. III. COMPATIBILITY WITH SURROUNDING PROPERTY /CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4- 602.F.2, 4- 602.F.3, 4- 602.F.4, 4- 603.F.3, and 4- 603.F.6] Recommended Findings of Fact The subject property is located on the south side of Sunset Point Road, between Kings Highway and North Highland Avenue. The character of the neighborhood is a mix of single family residences, multi - family residences, retail, restaurants, offices, and a gas station. To the north and south are single family homes with a future land use map category of Residential Urban (RU) and zoning district of Low Medium Density Residential (LMDR). The Residential Urban (RU) category permits 7.5 dwelling units per acre. The Low Medium Density Residential (LMDR) zoning district primarily permits residential uses. To the east is an automobile service station use with a future land use map category of Commercial General (CG) and a Commercial (C) zoning district. The Commercial General (CG) category permits 24 dwelling units per acre and a floor area ratio of 0.55. The Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. The property has not been used as an automobile service station since July 2003 and has been vacant since that time. East of Highland Avenue, along Sunset Point Road, a windshield survey indicates a number of underutilized vacant commercial properties. To the west are nonconforming retail and printing shop uses with a future land use map category of Residential /Office General (R/OG) and Office (0) zoning district. The Residential /Office General (R/OG) category permits 15 dwelling units per acre and a floor area ratio of 0.50. The Office (0) zoning district primarily permits offices, places of worship and school uses. The retail use is a small neighborhood market, which shares a 4,392 square foot building with a print shop. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55 and the proposed Commercial (C) zoning district primarily permits indoor recreation/entertainment, offices, overnight accommodations, restaurants, retail sales, and vehicle sales /displays uses. Therefore, the category and district as proposed do not appear appropriately located. Commercial uses are not compatible with single - family uses. A less intensive use, such as multi - family or office, would be more appropriate located contiguous to single - family homes and fit in with the character of Sunset Point Road west of Highland Avenue. This request is not compatible with the surrounding area and may unreasonably affect the use of the property in the area. Recommended Conclusions of Law The proposed future land use and zoning designation are not in character with the overall Future Land Use Map and zoning designations in the area. They are not compatible with surrounding uses and not consistent with the character of the immediate surrounding area and neighborhood. Community Development Board —July 20, 2010 -Case LUZ2010 -06001 -Page 4 of 10 SAPlanning DepartmenAC D B\Land Use.Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, - x LC,StaS ::eporf&JZ2010 -06 01 Staff Repoa:doc — 1 , - IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4- 602.F.5 and 4- 603.F.41 Recommended Findings of Fact The total area of the subject property is approximately 1.52 acres (66,211 square feet), of which 0.29 acres (12,632 square feet) is zoned Commercial (C), 1.15 acres (50,094 square feet) is zoned Office (0) and 0.08 acres (3,484 square feet) is zoned Low Medium Density Residential (LMDR). The Office (0) and Low Medium Density Residential (LMDR) zoned portions of the property are subject to the amendment request. The Residential /Office General (R/OG) future land use category permits 15 dwelling units per acre and a floor area ratio of 0.50. The subject property could yield a maximum of 17 dwelling units or 25,047 square feet of nonresidential floor area in the area currently designated Residential /Office General (R/OG). The Residential Urban (RU) future land use category permits 7.5 dwelling units per acre and a floor area ratio of 0.40. The portion of the subject property currently designated Residential Urban (RU) is too small to support even one dwelling unit because it was subdivided from the originally platted residential parcel to the south. The proposed Commercial General (CG) future land use category permits 24 dwelling units per acre and a floor area ratio of 0.55. Under the proposed Commercial General (CG) category, the subject property could yield 29 dwelling units or a floor area of 29,468 square feet. The proposed change to the Commercial General (CG) future land use category would provide for an increase of 4,421 square feet of buildable area on the subject property. The current Office (0) and Low Medium Density Residential (LMDR) zoning districts primarily permit residential, offices, places of worship and school uses. The proposed Commercial (C) zoning district primarily permits offices, overnight accommodations, restaurants, and retail sales uses. Roadways Table 1: Maximum Potential Traffic depicts traffic characteristics of the subject property based on the current and proposed Future Land Use Map designations. The table indicates the maximum potential trips generated by future land use category based on the traffic generation rates in the Countywide Plan Rules. The table also shows the potential roadway level of service impacts to Sunset Point Road under each scenario. Note: The Countywide Plan Rules traffic generation guidelines are the accepted methodology for reviewing the roadway impacts of proposed Future Land Use Map amendments. Sunset Point Road from Edgewater Drive to Keene Road currently operates at a level of service C, peak hour according to the Pinellas County Metropolitan Planning Organization 2009 Level of Service Report. Trips generated by the proposed future land use category would lower the operating level of service to D, peak hour. The adopted level of service standard for the roadway segment is D, peak hour. Table 2: Trip Generation Comparison by Zoning Designation, indicates the estimated trip generation for specific uses allowed in the current and proposed zoning districts based on the Institute of Transportation Engineer's (ITE) Trip Generation 8rh Edition. The analysis compares trips generated by the former use of the subject property (drive -in bank) to uses representing the maximum development potential under the current and proposed zoning districts. Community Development Board —July 20,2010- Case LUZ2010 -06001 -Page 5 of 10 SAI'lanning Department \C D B\Land Use Amendments\LUZ 2010\LUZ2010- 06001. - 1475 Sunset Point Rd - Belleair Development Group, - LU-,�u f� \:epoitLUZ'':v 1�00''Nt0f'Repx 4ce..` - - Table 1: MAXIMUM POTENTIAL TRAFFIC Sunset Point Rd (Edgewater Dr to Keene Rd) Existing Conditions Current FLUM' Proposed FLUM2 Net New Trips Maximum Daily Added Potential Trips N/A 210 740 530 Maximum PM Peak Hour Added Potential Trips-' N/A 19 70 51 Roadway Volume 9,965 10,175 10,705 530 Roadway Level of Service PM Peak Hour C C D 4 D Adopted Roadway Level of Service Standard D Peak Hour Notes: N/A = Not Applicable. FLUM = Future Land Use Map, Clearwater Comprehensive Plan. I. Based on Pinellas Planning Council (PPC) calculations of 178 trips per acre per day for the Residential/Office General (R/OG) Future Land Use Category and 68 trips per acre per day for the Residential Urban (RU) Future Land Use Category. 2. Based on PPC calculations of 487 trips per acre per day for the Commercial General (CG) Future Land Use Category. 3. Based on WO K- factor of 0.095. 4. Based on the 2009 Florida Department of Transportation Quality/Level of Service Handbook. Table 2: TRIP GENERATION COMPARISON BY ZONING DESIGNATION Avg. Net Change PM Peak PM Net Land Use Development Daily Average Trips Peak Change Potential Trips Daily Trips Average a Trips Peak P M ,r EXISTING DESIGNATIONS: "O" Zoning District ( "R/OG" Future Land Use Category) General Office Building 25,047 SF' 275 N/A 1.49 37 N/A 11.01 trips/1,000 SF GFA Existing Drive -in Bank 10,586 SF' 1,568 N/A 25.82 273 N/A 148.15 trips/1,000 SF GFA EXISTING DESIGNATIONS: "LMDR" Zoning District ( "RU" Future Land Use Category) Single - Family Detached H ousing3 0 DU 0 N/A 1.02 0 N/A 9.57 trips/unit) PROPOSED DESIGNATIONS: "C" Zoning District ( "CG" Future Land Use Category) Example Uses 36,416 SF' 1,214 -354 2.59 94 -179 New Car Sales 33.34 trips/1,000 SF GFA Fast -Food Restaurant w/ Drive - Through Windows 4,100 SF9 2,034 466 33.84 138 -135 (496.12 trips/1,000 SF GFA Notes: GFA = Gross floor area. SF = Square foot. DU = Dwelling unit. N/A = Not applicable. 1. Institute of Transportation Engineer's Trip Generation 8`h Edition Land Use 710. 2. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 912. 3. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 210. 4. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 841. 5. Institute of Transportation Engineer's Trip Generation 8th Edition Land Use 934. 6. Total gross floor area ratio permitted by the underlying R/OG Future land use map category is 0.50. 7. The Pinellas County Property Appraiser website provides the square footage. 8. Total gross floor area ratio permitted by the underlying CG Future land use map category is 0.55. 9. Average square footage of a fast -food restaurant with a drive - through window. Community Development Board — July 20, 2010 - Case LUZ2010 -06001 - Page 6 of 10 S:\Planning Department \C D B\Land Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd -Bel leair Development Group, LLC\Staff Report'&UZ2G 10'0 JOr , StaA Rep?, i.C. : A specific use of the property has not been proposed by the applicant; therefore, two possible uses were analyzed in the Trip Generation Comparison by Zoning Designation table. Restaurant with drive - through window was chosen because it is an intensive use. Based on the ITE Trip Generation Manual, this use would result in 138 PM Peak trips. The new car sales use was chosen because the applicant's representative indicated that this was a use being considered. New car sales developed at the maximum intensity in the Commercial (C) District (36,416 square feet) would result in 94 PM Peak trips on Sunset Point Road. The drive -in bank use results in 273 PM Peak trips. Both of the possible uses analyzed generate fewer PM Peak trips than the drive -in bank use. Even though banks are considered an office use in the Community Development Code, the trip generation characteristics of this use is similar to restaurants, gas stations, and other service type uses. Mass Transit The citywide level of service for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change. The subject property is located on a mass transit route. Potable Water The current future land use designation could use up to 2,660 gallons of potable water per day. Under the proposed future land use designation, potable water demand could approach approximately 2,946 gallons per day. There is a slight increase in consumption. Wastewater The current future land use designation could produce up to 2,144 gallons of wastewater per day. Under the proposed future land use designation, sewer demand could approach approximately 2,357 gallons per day. There is a slight increase in consumption. Solid Waste The current future land use designation could generate 47 tons of solid waste per year. Under the proposed future land use designation, 366 tons of solid waste could be generated per year. There is an increase in solid waste produced. Recreation and Open Space Due to the fact that the site is developed, the payment of Open Space, Recreation Land and Recreation Facility impact fees will not be required at this time. Should the site be redeveloped, the fees will be required prior to the issuance of a building permit. The amount and timing of this fee is dependent on the number of developed units and will be addressed and paid during the site plan review process. Public School Facilities Based on factors established by the Pinellas County School Board, the current Residential Office /General (R/OG) plan category (potential of 17 residential units) and Residential Urban (RU) plan category (potential of 0.60 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 17.60 units = 2.64 students Middle School: 0.07 students per unit x 17.60 units = 1.23 students Community Development Board — July 20, 2010 - Case LUZ2010 -06001 - Page 7 of 10 SAPIaneing DPnartment \C D B\Land Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, - = ° LLC \Staff Report\LUZ2010 -06001 Staff Reporix:.;c- High School: 0. 10 students per unit x 17.60 units = 1.76 students TOTAL = 5.63 students Based on factors established by the Pinellas County School Board, the proposed Commercial General (CG) plan category (potential of 29 residential units) could generate the following number of students. Elementary School: 0.15 students per unit x 29 units = 4.35 students Middle School: 0.07 students per unit x 29 units = 2.03 students High School: 0.10 students per unit x 29 units = 2.90 students TOTAL = 9.28 students An increase of 3.65 students could occur as a result of the proposed Future Land Use Map amendment. The subject property is located within Concurrency Service Area (CSA) D for elementary and Concurrency Service Area (CSA) C for middle schools. According to enrollment and capacity data from the Pinellas County School District, there is available capacity within both CSA D and C and the high school CSA to accommodate the potential additional students. Recommended Conclusions of Law Based upon the findings of fact, it has been determined that the traffic generated by the proposed Future Land Use Map amendment would degrade the existing level of service on Sunset Point Road or the operational efficiency of the signalized intersection. However, PM peak trips would be expected to decline. Further, there would be increased demand for potable water, wastewater, and solid waste service, although the increase would not negatively impact the City's ability to meet the adopted level of service standards for these public facilities. Open space and recreation facilities and mass transit will not be affected by the proposed amendments. V. IMPACT ON NATURAL ENVIRONMENT [Section 4- 603.F.5.1 Recommended Findings of Fact No wetlands appear to be located on the subject property. This property is developed as a drive - in bank and has trees and landscaping on site. Recommended Conclusions of Law Based on current information, no wetlands appear to be located on the subject property. The intent of the new buyer is to redevelop the property in the future for a commercial use. The site is currently developed. Any redevelopment would require compliance with the City's tree preservation and storm water management requirements. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4- 602.F.6.1 Recommended Findings of Fact The location of the proposed Commercial (C) District boundaries is consistent with the boundaries of the subject property, which are irregularly shaped. The proposed Commercial (C) District boundaries would consolidate the subject property into a single zoning district. However, the proposed Commercial (C) District is not compatible with Community Development Board - July 20, 2010 - Case LUZ2010 -06001 - Page 8 of 10 SAPlannina Pepartmsnt \C D B\I and Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, ' ` ' ° } r'` • - L--W \Staff 1',,1art\LU7-20; -0 -0500'1 Staff Report.doc - -- _ - _ • . - the single - family uses to the north and south. Recommended Conclusions of Law The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines, existing improvements and the natural environment. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Section 4- 602.F.11 The proposed Commercial General (CG) Future Land Use Map category permits a floor area ratio of 0.55 while the existing Residential Office /General (R/OG) and Residential Urban (RU) categories permit less intensive floor area ratios of 0.50 and 0.40, respectively. The 0.90 impervious surface ratio of the proposed Commercial General (CG) category is higher than the existing Residential Office /General (R/OG) category imperious surface ratio of 0.75 and Residential Urban (RU) category imperious surface ratio of 0.65. The subject property meets the minimum lot area of 40,000 square feet and lot width of 200 feet required for minimum standard uses in the Commercial (C) District. A survey of the property indicates that structures currently encroach into the required setback on the north, south, and west sides of the property. Since the property has been vacant more than six months (Bank of America closed in May 2007), any use of the property will require conformance with the current Code. Any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. These criteria may prohibit certain uses contiguous to residentially zoned properties (e.g., vehicle sales /display). SUMMARY AND RECOMMENDATIONS The request for amendment to the Future Land Use Map involves a change from the Residential Office /General (R/OG) and Residential Urban (RU) future land use categories to the Commercial General (CG) future land use category. Also involved is a request for rezoning from the Office (0) and the Low Medium Density Residential (LMDR) zoning districts to the Commercial (C) zoning district. The subject property is developed as a drive -in bank that has remained vacant since May 2007. Residential uses primarily characterize the surrounding area to the north and south, while low intensity office, retail, and institutional uses characterize the surrounding area to the east and west. The proposed amendment is compatible with the properties to the east and west, but not those to the north and south. The proposed amendment is inconsistent with the goals, objectives and policies of the Clearwater Comprehensive Plan. The proposed change is not compatible with low intensity uses in the surrounding area. Furthermore, the proposed amendment does not meet the purpose and locational criteria for the Commercial General (CG) designation in the Countywide Plan Rules. The current Office zoning district provides an appropriate transition between more intensive commercial uses to the east of the subject property and the single family use to the north and south. Based on the above analysis, the Planning and Development Department recommends the following actions on the request: Community Development Board — July 20, 2010 - Case LUZ2010 -06001 - Page 9 of 10 SAPlanning Department \C D B\Land Use Amendments \LUZ 2010\1tUZ2010 -06001 - -1475 Sunset Point Rd - Belleair Development Group, _L2� S�Lff-P:,- pdit,4o!- ACTION: Recommend DENIAL of the Future Land Use Map amendment from the Residential /Office General (R/OG) and Residential Urban (RU) categories to the Commercial General (CG) category and the rezoning request from the Office (0) and Low Medium Density Residential (LMDR) districts (County) to the Commercial (C) District. Prepared by Planning & Development Department staff: Attachments: Resume Application Location Map Aerial Photograph of Site and Vicinity Future Land Use Map Zoning Map Existing Surrounding Use Map Site Photographs Cate Lee, Planner II Community Development Board —July 20,2010- Case LUZ2010 -06001 -Page 10 of 10 SAPlanning Department \C D B\Land Use Amendments\LUZ 2010\LUZ2010 -06001 - 1475 Sunset Point Rd -Bel leair Development Group, - -"`,•- LLC \Staff RcNO,7d.L'Z20:iJ -06 ^91 5:::�i�°a� -x��._ ::��., v =� �r >, - ,&>_...�� Cate Lee 100 South Myrtle Avenue Clearwater, FL 33756 727 -562 -4557 catherine .lee(a,myclearwater.com PROFESSIONAL EXPERIENCE Planner II, Long Range Division City of Clearwater, Clearwater, Florida November 2008 to Present Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Code by Ordinance. Prepare staff reports for the City Council and Community Development Board. Create maps for decision makers using Geographic Information Systems software. Planner I and Planner II, Development Review Division City of Clearwater, Clearwater, Florida March to October 2008 Provided information to the public concerning the City's Community Development Code, Clearwater Downtown Redevelopment Plan, Beach by Design and general zoning information. Reviewed building plans for compliance with the Community Development Code. Presented Flexible Standard Development applications before the Development Review Committee. • Research Assistant Geography Department, Brigham Young University, Provo, Utah September 2007 to January 2008 Contributed research on various land use and planning issues, including locally unwanted land uses and their roles in the American West for Dr. Richard H. Jackson, AICP. Teaching Assistant Geography Department, Brigham Young University, Provo, Utah January 2007 to December 2007 Explained North American land use patterns and concepts to students, including planning history and current practices. Graded student writing and exams, providing feedback for improvement and clarification of planning concepts. Planning Intern City of Port Angeles, Port Angeles, Washington May to August 2007 Assisted citizens at the zoning counter regarding the City's Municipal Code. Performed research related to intergovernmental cooperation, comprehensive plan amendments, and code changes. Presented research findings to the Planning Commission. EDUCATION Bachelor of Science in Urban, Rural and Environmental Planning, Brigham Young University, 2007 ASSOCIATION MEMBERSHIP • American Planning Association • �JS CIR S gyp' • f 1: osx cuna� DR q�i rc v OR RD a U I(RusE ? o aCoFid :. A; z K a 0 cR x CIR a (F SIR fit. ' WILSON O _ , �Oj 1 } o � RD = 2 ERIN LA y ELIZABETH LA • . SUNSET POINT RD CR } C • •� 1�s PROJECT r � SITE SPRING LAS a i�H Creek Dr 1 ••;•- ••• o < LA O•� ° ° .. THAMES l■ CmC •i- o JOEL LA _ w • a „ �• ' ~' BENTLEY �. • • •CAROL • , BANDY LA r:'1 OFTEN T GREENLEA , ,1 HEAVEN I: SENT LA 5 SA o j MARY L Rb '� ' , SANDY LA m �}: � TERRACE RD s 4 . t ROSEMONT DR , -� %:�:... r�• ~FLAGL E 6RpVE•63ROUE UNWOOD — y FAIRMPWT Sr •� !• om ST � t' l5.rl. •. � LOGAN FAIRMONT ST w ; sc0 ^ -••w ' O ST 1E z 0— PARKWOOD D WOODBINE SPRINEPALF ST M S;HEBRrl Ou m SPRINC-0ALE rc U F ° GE vTri SF WERLEA ST i CARRO 'T m ENGPobW 5T DR !� �:•�~ r' •.,• w o < a11 0 PINEBROOK DR . f —� as c c ea ADMIRAL WOODSON IA i • ,_.• %( �7 1 VJEBB 'ry• • • ' ° = N HIBISCUS'' LOCATION MAP Owners: Bank of America Case: LUZ2010 -06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02- 29 -15- 00000 - 320 -0200 From : R /OG, RU O, LMDR To: CG C Atlas Page: 261 A S:\Planning Department \C D B \Land Use Amendments \LUZ 2010 \LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC \Maps \LUZ2010 -06001 LOCATION MAP.docx 1 i '�( 4��' fl�o ah i h1*1 et,4• _ _ a k v • ail _ J HAM a R x„ :j�� M. •. ... Al . _y''P�'�pe :"`.'` AERIAL PHOTOGRAPH Owner: Bank of America Case: LLZ2010 -3 &001 rCLA- PARCEL: .`_2 ACRES rite: A portion of 1475 Sunset Pant Road Property Size(Acres): PORTION INCLUE ED IN LLZ REQUEST_ -.23 ACRES Land Use Zoning PIN: CG?- 29 -15- 00003- 320 -0200 From: R /OG, RU O, LMDR To: CG C Atlas Page: 261 n S:\P-anningDepartment\C D B \Land Use .Amendments \LUZ 2010 \LUZ2010 -06001 - 1475 Sunset Poin• R3 - Bellear Develotm mt Group, LL:, \Maps \LUZ2010 -06001 AERIAL PHOTO GRAPH.docx zt U / V QO � U / Q 1915 WILSON RD 1909 v v v a v v 1904 Q 1905 1900 O V V V zt Q Q SUNSET POINT RD F 7� N a V V C Q OG CG Q p N O N CO N N M Q Q h Q Q Q Q Q C QQ Lo h Q SPRING LN 1851 1849 1845 Z THAMES LN J 1835 Q Case: LUZ2010 -06001 Q Q TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road h 184 Q V co V O Q Q V m V PIN: V o 7 1824 1851 1849 1845 Z THAMES LN J 1835 Q 1911 1 o 1908 907 o ; z ERIN LN 1904 rn h � 1902 1900 1901 1899 1898 1897 1877 1874 1848 CG 1846 CG 1844 1831 W 1827 1840 J 1835 1823;t JOEL LN Z v h Z Q V� FUTURE LAND USE MAP Owners: Bank of America Case: LUZ2010 -06001 M TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road h CO Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02- 29 -15- 00000 - 320 -0200 1824 1911 1 o 1908 907 o ; z ERIN LN 1904 rn h � 1902 1900 1901 1899 1898 1897 1877 1874 1848 CG 1846 CG 1844 1831 W 1827 1840 J 1835 1823;t JOEL LN Z v h Z Q V� FUTURE LAND USE MAP Owners: Bank of America Case: LUZ2010 -06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02- 29 -15- 00000 - 320 -0200 From : R /OG, RU O, LMDR To: CG C Atlas Page: 261A S:\Planning Department\C D B \Land Use Amendments \LUZ 2010 \LUZ2010 -06001 - 1475 Surset Point Rd - Belleau Development Group, LLC \Maps \LUZ2010 -06001 FUTURE LAND USE MAF.docx v v Qo �coi a ,A WILSON RD 0 rn h m t v v a v 1904 L D 1900 O � H O ^ C Q i LN 1851 1844 Q 1849 1845 a v a v v 1841 1840 z LMDR THAMES LN ¢ 1835 Owners: Bank of America 1915 1909 1908 1905 1904 1902 Q 1900 Q 1831 1827 1823 JOEL LN ZONING MAP Site: A portion of 1475 Sunset Point Road Land Use Zoning From : R /OG, RU O, LMDR To: CG C 1898 1874 1848 1846 1911 1907 f� v o � e LO 2 ERIN LN h � hh 1901 1897 1877 1844 Q z 1840 Q 1835 P9 Case: LUZ2010 -06001 TOTAL PARCEL: 1.52 ACRES Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES PIN: 02- 29 -15- 00000 - 320 -0200 Atlas Page: 261 A SAPlanning Department\C D B\Land Use Amendments \LUZ 2010 \LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC \Maps \LUZ2010 -06001 ZONING MAP.docx Q Q 1824 Owners: Bank of America 1915 1909 1908 1905 1904 1902 Q 1900 Q 1831 1827 1823 JOEL LN ZONING MAP Site: A portion of 1475 Sunset Point Road Land Use Zoning From : R /OG, RU O, LMDR To: CG C 1898 1874 1848 1846 1911 1907 f� v o � e LO 2 ERIN LN h � hh 1901 1897 1877 1844 Q z 1840 Q 1835 P9 Case: LUZ2010 -06001 TOTAL PARCEL: 1.52 ACRES Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES PIN: 02- 29 -15- 00000 - 320 -0200 Atlas Page: 261 A SAPlanning Department\C D B\Land Use Amendments \LUZ 2010 \LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC \Maps \LUZ2010 -06001 ZONING MAP.docx 28 7 " 29 M ^ 30 31 h c ^ 42 21 1911 20 19 _ 18 8 85 WILSON RD 87 88 In 0 67 esid n22 93 den 4� 80 N 8 10 770 14 1 0 0 3 p3 24 2 2 et cl v a 1904 36 41 L z 21 8773 18 17 1 " ^ 16 15 13 1905 40 �, ERIN LN 20 19 In e Q •„ •12900 37 1904 1902 c N N � � � 4 5 N N 6 M 7 8� co 9 10 y�j q O r 38 ro 39 36 � 35 34 33 60 1900 1901 SUNSET POINT RD too Pharmac 0 N M Lo n Vacant Offic 37102 ,t 32101 2 Wa V"ti/" YV ry 1.52 A c (c)^ ^� 189 Of'Ce, tt 1898 Restauran ,g l " ll 15 14 r 13 12 pv 11 ' �j ■ 1897 Retail Sal es de ii l �t ` ' C° Driv, thru n Check Rest urant & Service SPRING L 1877 88237 8 32/08 1851 Cashln 1849 7 Th rif t1848 7 32109 1845 Store 6 1848 1g4' , Testaurani Grocery 32/10 Store THAMES LN 18435 1844 N "v v a v 4 184 85 6 87 88 89 0 67 2 93 den 4� 80 N 8 10 770 76 •t 75 ap 4 3 72 0 11 971 a a � tl LO 1851 Cashln 1849 7 Th rif t1848 7 32109 1845 Store 6 1848 1g4' , Testaurani Grocery 32/10 Store THAMES LN 18435 1844 � 18331 W Doctor Q 27 Z Z °z ,,t ^ Offices fCQS 11 Z4 31/04 1840 J v„ 60 1829 = 1835 JOEL LN _ v "v v a v EXISTING SURROUNDING USES v 61 62 63 64 65 66 67 68 69 70 56 ro 55 N 54 N 53 c 52 Q 51 ro 50 N 49 .48 From : R /OG, RU O, LMDR 47 a To: CG C Atlas Page: M tl LO 1824 � 18331 W Doctor Q 27 Z Z °z ,,t ^ Offices fCQS 11 Z4 31/04 1840 J v„ 60 1829 = 1835 JOEL LN _ 83.4 � M I ^ ems} M a � 7 •t 7 V' •t 7 EXISTING SURROUNDING USES Owners: Bank of America Case: LUZ2010 -06001 TOTAL PARCEL: 1.52 ACRES Site: A portion of 1475 Sunset Point Road Property Size(Acres): PORTION INCLUDED IN LUZ REQUEST: 1.23 ACRES Land Use Zoning PIN: 02- 29 -15- 00000 - 320 -0200 From : R /OG, RU O, LMDR To: CG C Atlas Page: 261 A SA\Planning Department \C D B \Land Use Amendments \LUZ 2010 \LUZ2010 -06001 - 1475 Sunset Point Rd - Belleair Development Group, LLC \Maps \LUZ2010 -06001 EXISTING SURROUNDING USES MAP.docx 0 0 View looking south at the subject parcel, 1475 Sunset Point Road West of the subject property View looking easterly along Sunset Point Road East of the subject property Across street, to north of the subject property View looking westerly along Sunset Point Road LUZ2010 -06001 Belleair Development Group, LLC 1475 Sunset Point Road Land Use Plan Amendment Map Request Planner Name: Cate Lee Case Number: LUZ2010 -06001 Date Requested: 6/10/2010 Date Requested for: 6/17/2010 Maps Requested ® Location Map ® Aerial Map ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" Location Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description VS-e, Lj!5�A�-S a4 Svj vey P(Lo«Jt ��( `CAS &/z-3//o ® Survey ® Map with Proposed Site Highlighted IN ADDITION TO THE REQUESTED MAPS, PLEASE PROVIDE VERIFICATION THAT THE LEGAL DESCRIPTION WE HAVE PROVIDED IS CORRECT ND CC RATE. Thomas Mahony, PSM, Geographic Technology Manager Map Name Owners: Bank of America Case: LUZ2010 -06001 ,r Site: A portion of 1475 Sunset Point Road J� Pro Acres perty) Size : I j I .-•'y i Land Use Zoning i I PIN: 02- 29 -15- 00000- 320 -0200 f From : R /OG, RU O, LMDR To: CG C Atlas Page: i 261 A S`.\Planriing Department \C D-B\Land Use Amendments\LUZ 2010\LUZ2010 -0600i - 1475 Sunset c ^t - Group, LLC\Maps\LUZ2010 -06001 Map Request Form.doc Land Use Plan Amendment Map Request Planner Name: Cate Lee Case Number: LUZ2010 -06001 Date Requested: 6/10/2010 Date Requested for: 6/17/2010 Maps Requested ® Location Map ® Aerial Map ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" Location Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description ® Survey ® Map with Proposed Site Highlighted IN ADDITION TO THE REQUESTED MAPS, PLEASE PROVIDE VERIFICATION THAT THE LEGAL DESCRIPTION WE HAVE PROVIDED IS CORRECT AND ACCURATE. Thomas Mahony, PSM, Geographic Technology Manager Map Name Owners: Bank of America Case: I LUZ2010 -06001 I Site: A portion of 1475 Sunset Point Road Property Size(Acres): E 1.52 � E Land Use Zoning PIN: 02-29-15-00000-320-0200 From : R /OG, RU O, LMDR i To: CG C Atlas Page: 261 A SAPlanning Department \C D B\Land Use Amendments\LUZ 20 M U 2010 6'6'OGi iV- 'Sorset Point Rd - Beileair Development Group, LLC\Maps\LUZ2010-06001 Map Request Form.doc Lee, Catherine From: Garriott, Kevin Sent: Wednesday, June 30, 2010 8:11 AM To: Lee, Catherine Subject: RE: Wednesday 6/30 meeting Nothing provided yet. From: Lee, Catherine Sent: Tuesday, June 29, 2010 4:21 PM To: Garriott, Kevin Cc: Vrana, Tammy; Clayton, Gina; Delk, Michael Subject: FW: Wednesday 6/30 meeting Hi Kevin, I'm currently processing a land use /rezoning case for 1475 Sunset Point Road. They haven't indicated what they intend to use the property for (Todd Pressman said perhaps a car sales ?). Has David Goree provided you with any information or site plan? Thanks, Cate From: Garriott, Kevin Sent: Tuesday, June 29, 2010 12:33 PM To: Albee, Rick; Chesney, Ed; Clayton, Gina; Crandall, Ellen; Doherty, Steve; Dormer, James; DuPont, Kimberly; Elbo, Bennett; Gluski, Roberta; Hubbard, Christopher; Hufford, Diane; Keller, James; Kurleman, Scott; Kurtz, Timothy M.; Lee, Catherine; Lopez, Michael; Maran, Robert (Bob); Melone, Christopher; Melone, Donald; Orr, Courtney; Patni, Himanshu; Powers, Rob; Reid, Debbie; Rickard, Leonard; Tefft, Robert; Vo, Phuong; Vrana, Tammy; Wagner, James; Wells, Wayne Subject: Wednesday 6/30 meeting What: BPRC meeting Time: 9:00 AM Place: P +D conference room #216 Agenda: 1. Plan review — review new log 2. Accela training Next week — - Gil Livingstone — Burger King remodel —1888 GTB - David Goree —1475 Sunset Point Road o Z CD ^� -3 7 g (D a m a w � o n C) d Q C> A n Q n ID lu O71 2 d N � N O m N W N a 3 3 I O N M O N F RT HARRIS N FORifgRRl� o m o i 0 `s ; ACME �lTpA,• _ EDGEWATER C3 DOLE Z r _ PINEIAND CHENANGO JADE _ 'PINECREST MACOMBER BE w ® O PowsErtA � -mi v � c H z , y ROILEN m FREEDOM O KINGS S BARBARA t R CARLOS ' ® . �. CARLOS d , i � pp FLO y yO � f JA O �D n V� V� 1"h V O rf A0 O PMO< . WASHINGTON - .- BROADWAY .. OVERBROOK - bR SPRINGTIME LAZA DOIORE SPRRlGnME DOUGUS SYLVAN SYLVAN R YT OAKDALE / O DOLE Z r _ PINEIAND CHENANGO JADE _ 'PINECREST MACOMBER BE w ® O PowsErtA � -mi v � c H z , y ROILEN m FREEDOM O KINGS S BARBARA t R CARLOS ' ® . �. CARLOS d , i � pp FLO y yO � f JA O �D n V� V� 1"h V O rf A0 O PMO< Property Apprais:,r GerL,ral Intnation F-, e 4 of 4 At- -7 PO(A-t" P-OArD O'A !. �Z , � �c��1 9 rnss �)( D0 4 4-uk �;c��sl�r- L A I `J ---:, Z1��G, Nan- Gar-Forminj uScs http: / /www.pcpao. orage zeral.p -ip ?strap = l 2902000003200300 7/14-/2010 Property Appraiser General Ination 0 Page 4 of 4 Interactive Map o - th s Sales Back to Query New Tax Collect)- Qu .stion/Comne><t about this parcel ue Results Search Pa c- nape 1/ �1J] S I•l• w F01 I 1� J I Ll L DCA, CMG P,-�— Sc�ov 7 9 , �04 R16GI) _7 http: / /-xww.pcpao (xegeneral.php ?strap = 1529020000032007 )0 7/20/2010 Property Appraiser Genera_ Ination Page 4 of 4 tnterac -.ve map of tnts wits tsacx to Query New iax uouector r_ome Questicn/Uomment about this t) a rCel Out Results Search Page pace l 3 o o c UNS R0 A, D �-7 IAUTG �-Eppt t P- -;7 �{ � � 5 0 r -bAt C-O tkk "Y http://--iww.pcpao.org/'genei-al.php?strap= 152903499860000091 7/20/2010 Property Apprainer Generzl :r - --tioi ?age 4 of 4 Interactive Ma on f -pis Sales —"�k to Query New Tax Collector Home Question/Comment ibcut this ap rcel QuerN wits Search Page ease --7 I `' of svriSET Poif4T RaA1) -17 4,b N vim} 1 S -mzz --I ��A -? l r. `y, Cab, - +,( http://www.pcpa-:-.org/gene�a,-.-)im9ETTapF=152�03366660010010 7/20/2010 Property Appraiser General In ation (a03 LbvG`A-s Av G,uN S,POr Page 4 of 4 I,Wzo Permit Number Description Issue Date Estimated Value 0706615 ROOF 03 Jul 2007 $8,625 0707046 HEAT /AIR 03 Jul 2007 $6,500 0617906 SHUTTERS 09 Nov 2006 1 $2,400 0611317 COMMERCIAL ADD 28 Sep 2006 $8,000 0608689 ROOF 26 Jun 2006 $24,960 Radius (feet): 351 Aerials: 2009 Color Transparency: 0.5 Update Map If you do not see map, the SVG viewer has not been installed. Click here for information and installation. How to copy and paste a static map using Internet Explorer: Right -click on the map; Select "Copy SVG "; Open a Word document; Select "Paste Special' from Edit menu on toolbar; Select Bitmap, then OK How to copy and paste a static map using Mozilla Firefox: Right -click on the map; Select "This Frame "; Select "Open Frame in New Window "; Print from the new window. r 1 �k Z +c �y Interactive Map of this Sales Back to Query New Tax Collector Home Question /Comment about this parcel ue Results Search Page nape C, G7 l fie, Cat',n C-2 http://www.pcpao.org/general.php?strap=152903879120010010 7/20/2010 Property A-)-)-aiser -3ene-al In aton i _ X19"' 0 ?age 4 of 4 t a° I It F. a 11 � Y].rTTyyy777,r- �.... x [nterac-ive M ip 3f this Sales Back to Ouety New Tax Collector Home Question/Comm,31 about this an reel Quay Results Search Page page I X10 l E43 4,V) Ar T)r l v'e- G-. �L s I , Ltoo tz p�A11, http : / / -vww.pcpao.org /ger_erzl.php ?strip = 15'2903880920030040 7/2W20 Google Maps Page 1 of 1 Get Google Maps on your phone 49 Text the word "GMAPS 'to466453 510oq(12 -62O MOO kit Amen �NsS p 1 ,care vacml+ x 4160, 443` ' Sunw Point . Pre:chool 125 All Fes Care H0s01al MAC Kai' W lq t�+s ©2010 Google - Map Oata 02010 http:// www.google.comlmaps ?ie= UTF8 &11= 27.9893 8, -82 .777589 &spn = 0.003576,0.00481... 6/29/2010 W O N i V 0 °m n W Cp z Counter Case My Tasks Inspection APO Contacts Professionals Reports User Info a> Cate Lee BuildingDaily CLEARWATER, FL t•le ter Module Building Quicklinks Case Summary i Clear Cache Label City of Clearwater NSF i Property Appraiser Property History Report i Sun Biz Revenue Totals I► FEMA Maps Case ❑ My Navigation Proiect Name App Spec Info Suffix App Spec Info Tables( Fees Status Payments [� Payment History (� Conditions QTR-001549 6 Inspections SUNSET POINT... Workflow pe■ Workflow History p ^.■ Case Contacts Completed INSTALL 2 ADDITIONAL PULL ST... Case Professionals Case Address SUNSET POINT Case Parcel [; Case Owner Completed SAFETY INSP FOR RE OPENING D... Status Update 1419 Status History RD Preference ®(�7 �-►� Submit of Reset 1419 SUNSET POINT J Preference I C[ Default Module Building ( j ACCELA AOTOMATIONa CAP V My Reports ©® L�J Menu Search j� New GGS 1 Help My Quickquerfes -- Select -- Aj r— —N ACA Inspection Results Module Building L Case Summary Label 1 2 3 4 S NSF Property History Report Revenue Totals Case ❑ Case Description Proiect Name Number Fraction Street Name Suffix Unit # ow Building Permit Status Case Conditions Census Report Certificate of Completion QTR-001549 6 Issued DAYCARE SUNSET POINT... 1419 SUNSET POINT RD Sul ❑ BCP2003 -08382 Completed INSTALL 2 ADDITIONAL PULL ST... SUNSET PT RD... 1419' SUNSET POINT RD SUP ❑ BCP2003 -08071 Completed SAFETY INSP FOR RE OPENING D... SUNSET POINT... 1419 SUNSET POINT RD u5 ❑ BTR- 0012104 Void CHILD DAYCARE, NURSERY SCHOOL SMARTY PANTS... 1419 SUNSET POINT RD us ❑ PNU2003 -00202 Complied ASV -no tag 1419 SUNSET POINT RD US CAP ID: BTR - 0015496 0� Cancer Help +� Go To Summary CAP (_1.Workflow History (17) Activities (0) I Activity Summary (18) [ Address (1) Addtl Info I App Specific Info Task Action by Department Action By Status Status Date Zoning Review CLEARWATER/ / / /// F_G DONE 04/19/2004 Due Date Assigned to Department Assigned toAssigned Date 03/31/2004 CLEARWATER/NA/NA/NA/NA/NA/NA 03/31/2004 Comments OK PER ARDEN AND FRANK Reports V My Reports VACA Reports ACA Inspection Results V All Case Summary Label NSF Property History Report Revenue Totals Revenue Totals - Detailed Review Count V Building Building Permit Case Conditions Census Report Certificate of Completion CertOfOccuoancv Expired Cases in Active Status Expired Permit Check FiveMonthl-tr ACCELA AU70MATIQNm _ = - - _- — ? Counter Case My Tasks Inspection APO Contacts Professionals Reports -, _ _ __ - W User Info CAP ( (� z? Cate Lee Q I Menu �� Search �IJ_i New `Q! GIS Help My Quickqueries -- Select - [� Module Building (� o -- BuildingDaily H a 1 2 CLEARWATER, FL „t Case # Case Description Proiect Name Number Fraction Street Name Suffix Unit # OW ❑ z � LICArwatet Status - ❑ CDC2005 -00325 Complied Boat parked in lot (boat is ... 1463 SUNSET POINT RD G 8 ❑ SGN2004 -09016 Completed 20 SQ FT ATTACHED SIGN PRINTING 1463 SUNSET POINT RD G B Quick6nks )0� Clear Cache - i ❑ STR- 0015606 Issued PRINTING /COPYING ALL AMERICAN... 1463 SUNSET POINT RD IEFi 30, City of Ctea rwa ter - - - - - COD1993 -4746 Complied PROPERTY SIGNS ... 1463 SUNSET POINT RD > Property Appraise r ❑ Sun Biz FEMA Maps ❑ COD1993 -0971 Complied OVERSIZED WINDOW SIGNS - ANIMA... 1463 SUNSET POINT RD My Navigation I. �« — 151 App Spec Info App Spec Info TablesM i CAPI ID: BTR- 0015606 Fees } Payments I Cancel Y 1 Help Payment History ( tl Go To Summary CAP History (18} S Activities (0} Activity Summary (13} 0.ddress (1} Addti Info App Specific Info Tabf� Conditions # _1.Workflow Task Action by Department Action By Status Status Date Inspections Zoning Review Planning Arden Dittmer DONE 04/16/2004 Workflow ... I Due Date Assigned to Department Assigned to Assigned Date Workflow History 04116/2004 Planning Arden. Dittmer04 /16 /2004 Case contacts ( Comments Case Professionals retail paint store within 6 months. Case Address M Reports U ©ir,1 ill Case Parcel C; Case Owner 17 Status Updat¢ VMy Reports 1 VACA Reports Status History ACA inspection Results VAU Preference Q ®® `= LaseSummary Label i NSF Property History Report � Submit . (� Reset Revenue Totals J Preference L Ct Revenue Totals - Detailed Review Count V Building Default Modules Building Permit Building Case Conditions Census Report Certificate of Completion CertOfOccupancv Expired Cases in Active Status W 0 0 c� w n W ACCELA AUTOMATIOpz Counter Case My Tasks Inspection APO Contacts Professionals Reports User Info © � » Cate Lee BuildingDaily CLEARWATER, FL -- Select -- Quickfinks w� m Clear Cache Z► City of Clearwater Property Appraiser )0 sun Si * FEMA Maps 1 2 3 4 5 My Navigation ©(� App Spec Info{ Apo Spec Info Tables Fees A Payments [; Payment History [; Conditions Inspections Workflow workflow History Case Contact s issued' SPECIALTY RETAIL STORE, TAKE... Case Professionals Case Address [� Case Parcel G ffi Case Owner No Travel trailer expired' tag Status Update 1465 Status History RD Preference I Submit L(51 1 Reset CPreference rC[ Default Module = Building [] CAP L?j L-2-i L9 ]? Menu � Search New 1 G ! GIs i Help My Quickqueries -- Select -- lv] Module Building w� 1 2 3 4 5 ❑ Case # Case Description Proiect Name Number Fraction Street Name Suffix Unit # Ow Status �❑ BTR- 0016511 issued' SPECIALTY RETAIL STORE, TAKE... LA COMERCIAL.. 1465 SUNSET POINT RD G ffi ❑ PNU2004 -00780 No Travel trailer expired' tag 1465 SUNSET POINT RD IEFI Violation ❑ CDC2004 -00929 Complied Travel trailer stored in fro... 1465 SUNSET POINT RD IEFI ❑ BTR9227091 Moved ADD COKE MACHINE 10/95, Lic:... REPAINT STOR... 1465 SUNSET POINT RD ❑ COD2001 -01824 Complied Trailer for sale 1465 SUNSET POINT RD RE: CAP ID: BTR- 00161511 e 1 Cancel! Help - - - - - - *I Go To Summary ( CAP 1.Workflow History (24} j-4c-tfMti-es-J0-)-j Activ Task Action by Department Action By Status Status Date IZoning Review Planning Arden Dittmer DONE 09/24/2004 I Due Date Assigned to Department Assigned to Assigned Date 09/24/2004 Planning Arden Dittmer09 /24/2004 Comments Reports Y My Reports YACA Reports ACA. Inspection Results Y All Case Summary Label NSF Property History Report Revenue Totals Revenue Totals - Detailed Review Count Y Building Building Permit Case Conditions Census Report CertiRcate of Completion Certofoccuoancv Expired Cases in Active Status i Expired Permit Check Address (1) } Addtl Info I App Specific Info Eli i I" r iMAM.i COMMUNITY DEVELOPMENT BOARD • CITY OF CLEARWATER November 16, 2004 Present:. David Gildersleeve Alex Plisko Shirley Moran J. B. Johnson Dana K. Tallman Daniel Dennehy Absent Kathy Milam Also Present: Leslie Dougall -Sides Cyndi Tarapani Frank "Chip" Gerlock Patricia O. Sullivan FAD 2004 - Dov43 v0ereneed � TO 4 A �MSSM6tn opt CD 13 O' n d CC Chair Vice Chair Board Member Board Member Board Member — arrived at 2:10 p.m. Acting Board Member Board Member Assistant City Attorney Planning Director Development Review Manager Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 19, 2004 Member Plisko moved to approve the minutes of the regular meeting of October 19, 2004, as submitted in written summation to each board member. The motion was duly. seconded and carried unanimously. D. DISCUSSION ITEM: (Items 1 — 2): 1) Expert Witness List Addition Member Johnson moved to approve additions to the City's Expert Witness List: 1) John V. Schodtler as an expert in planning, zoning, and site plan review and 2) Karl M. Wielecki as an expert in planning, general zoning, and site plan review. The motion was duly seconded and carried unanimously. 2) Downtown Design Guidelines Training Long Range Planning Manager Gina Clayton said as they have been developed, staff has applied new design guidelines to all Downtown projects. Planner Mark Parry reviewed the six Downtown character districts and design guidelines. He'reviewed pending projects and related issues related to the new guidelines, i.e. onsite vehicular circulation, drive -thru location, building design and distance from street, curb cuts, pedestrian paths highlighting, etc. Downtown residential and business elevations are rendered the same level of staff review. It was recommended staff be sensitive to construction costs. The • Community Development 2004 -11 -16 pursuant to the City's Comprehensive Plan and of the Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code. See page 17 for motion of approval. 5. Case: FLD2004 -06043 —1425 Sunset Point Road Level Two Application Owner /Applicant: Schlau Properties Co. Representative: Timothy A. Johnson, Jr., Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP. (911 Chestnut Street, Clearwater, FL 33756; phone: 727 -461 -1818; fax: 727 -462- 0365; email: timj @jpfirm.com ). Location: 0.38 acres located on the south side of Sunset Point Road, approximately 400 feet east of the intersection of Kings Highway and Sunset Point Road. Atlas Page: 261A. Zoning District: Office (0). Request: Flexible Development approval to allow Retail Sales and Service (a funeral home) as a primary use in the Office Zoning District, with a reduction of the front setback from 25 feet to 13 feet (to pavement), reductions of the side (east) setback from 20 feet to four feet (to building and sidewalk), a reduction of the side (west) setback from 20 feet to eight feet (to pavement), and a reduction of the rear setback from 20 feet to 11 feet (to pavement), as a Comprehensive Infill Redevelopment Project under the provisions of Section 2 -1004. B. and as a Comprehensive Landscape Plan, under the provisions of Section 3- 1202.G. Proposed Use: Funeral Home. Neighborhood Associations: Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727 - 725 -3345; email: Diw(c�ate.net). Presenter: Michael H. Reynolds, AICP, Planner Ill. This 0.38 -acre site is located on the south side of Sunset Point Road, approximately 400 feet east of the intersection of Kings Highway and Sunset Point Road. An office building occupies this small lot. There is an existing driveway access to this site from Sunset Point Road. There is an exiting concrete sidewalk along the front of the site. The proposal seeks approval to allow Retail Sales and Service as a primary use within the Office District. Section 1- 1003.K. limits retail sales and service to not more than 10% of the building floor area within the Office Zoning District. Buildings within the Office District need to be used primarily for office purposes. This application is seeking to use the entire property, building and parking lot, for a funeral home. The Clearwater zoning code considers a funeral home as "Retail Sales and Service." In addition, the proposal is seeking setback reductions. Because Retail Sales and Service is not permitted as a stand -alone use on property within the Office District, the applicant has filed a Comprehensive Infill Redevelopment application. A Comprehensive Landscape application has been applied for as well. The applicant proposes to use the existing office building as a funeral home. The existing building is setback approximately 54 feet from the front property line. The proposal exceeds the minimum - parking requirement of nine spaces by proposing 18 parking spaces. A loading zone will accommodate hearse or limousine parking. Solid waste will be serviced through black barrel service. The building height, at 9.75 feet from grade to roof midpoint, is existing and will not change. The building design will not be altered from its present appearance. The building is yellow with a pitched roof and white columns. The roof and Community Development 2004 -11 -16 12 column design provide a front porch type effect facing the front of the site and Sunset Point Road. The landscape plan includes a mix of plants including red maple, parsonii juniper, crape myrtle, and American sycamore trees. Any proposed signage will be reviewed by staff as a separate process. Signage will need to be architecturally - integrated into the design of the site (freestanding) and building (attached). Channel - letters should be used should attached signage be requested. A low, monument -style sign is appropriate should a freestanding sign be requested. The setback reductions are proposed to help make the existing office site work as a funeral home. Improvement to the impervious surface ratio (ISR) is proposed through pavement reduction. The Development Review Committee reviewed the application and supporting materials on October 7, 2004. The Planning Department recommends approval to allow Retail Sales and Service (a funeral home) as a primary use in the Office Zoning District, with a reduction of the front setback from 25 feet to 13 feet (to pavement), reductions of the side (east) setback from 20 feet to four feet (to building and sidewalk), a reduction of the side (west) setback from 20 feet to eight feet (to pavement), and a reduction of the rear setback from 20 feet to 11 feet (to pavement), as a Comprehensive Infill Redevelopment Project under the provisions of Section 2- 1004.13. and as a Comprehensive Landscape Plan, under the provisions of Section 3- 1202.G. for the site at 1425 Sunset Point Road, with the following bases and conditions: Bases for Approval: 1) The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2- 1004.6; 2) The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3 -913; and 3) The proposal is compatible withthe surrounding area and will enhance redevelopment efforts AND Conditions of Approval: 1) That the site plan be revised to correctly state within the site data table, the ISR and existing building height, prior to building permit issuance; 2) That all Fire Department concerns be addressed prior to building permit issuance; 3) Provide a revised landscape plan to the satisfaction of Planning staff, prior to building permit issuance; 4) That a Traffic Impact fee to be assessed and paid prior to issuance of Certificate of Occupancy, by the applicant; and 5) That all signage meet Code, consist of channel letters for any attached signs, and low monument -style for a freestanding sign and be architecturally - integrated into the design of the building and site. Development Review Manager Chip Gerlock said staff had recommended deleting one condition. Timothy Johnson, representative, agreed with the change. See page 17 for motion of approval. • Community Development 2004 -11 -16 13 attached signs, and low monument -style for a freestanding sign and be architecturally integrated Is into the design of the building and site. Mr. Gerlock reviewed proposed conditions, reporting one related to the billboard is not necessary as the landowner has terminated the billboard lease with Viacom and a notice of termination has been submitted to the City. The billboard will be removed. Acting Member Dennehy moved to approve Item F1, FLD2004 -07052 for 229 and 301 South Gulfview Boulevard and 230, 300, and 304 Coronado Drive with Bases of Approval and Conditions of Approval as listed, Item F2, DVA2004 -00002 for 229 and 301 South Gulfview Boulevard and 230, 300, and 304 Coronado Drive with Bases of Approval as listed, Item F3, FLD2004 -08060 for 1250 Palmetto Street with Bases of Approval and Conditions of Approval as listed, Item F5, FLD2004 -06043 for 1425 Sunset Point Road with Bases of Approval and Conditions of Approval as listed, Item F6, FLD2004 -07054 for 111 South Belcher Road with Bases of Approval and Conditions of Approval as listed, and Item F7, FLD2004 -08058 for 2201 Gulf -to -Bay Boulevard with Bases of Approval and Conditions of Approval as listed and recommend approval of Item F4, ANX2004 -08012 for 1208 Claire Drive. The motion was duly seconded and carried unanimously. G. CONTINUED ITEM: (Item 1) This case was reviewed after 2.00 p.m. 1. Case: FLD2004 -06044 —115 North Keystone Drive Level Two Application Owner /Applicant: David and Sharon Cote (111 North Keystone Drive, Clearwater, FL 33755; phone: 727 -455 -2130; fax: 727 -461- 1649). Location: 0.162 acre located at the southeast comer of North Keystone Drive and Grove • Street. Atlas Page: 2888. Zoning District: Low Medium Density Residential (LMDR). Request: Flexible Development approval for 1) Termination of Status of Nonconformity for density for the purpose of adding a two -car garage, under the provisions of Section 6 -109, and 2) expansion of attached dwellings with a reduction to the front (north) setback from 25 feet to 20 feet (to building) and a reduction to the side (south) setback from 10 feet to five feet (to building), as a Residential Infill Project, under the provisions of Section 2- 203.C, and a reduction to the landscape buffer along the south property line from 10 feet to five feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. Proposed Use: Construction of a two -car attached garage in .association with an existing nonconforming attached dwelling (duplex). Neighborhood Associations: Keystone Manor (Ken Strickland, 1634 Laura Street, Clearwater, FL 33755); Skycrest Neighbors (Elizabeth France, 1629 Cleveland Street, Clearwater, FL 33765; phone: 727 -442 -5856; email: eaf50540,earthlink. netmailto :eaf5054aearthlink.net); Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive, Clearwater, FL 33761; phone: 727 - 725 -3345; email: Diw(c- Qte.net). Presenter: Wayne M. Wells, AICP, Planner III. Planner Wayne Wells reviewed the request. The CDB reviewed the application on October 19, 2004, and directed the applicant to reduce their proposal to a two -car garage, but did not specify a maximum size or height for the garage. • Community Development 2004 -11 -16 17 S1.4A _to� 've - 94, .v✓vr�.�� r Peak Avq, / u4 MEW) T -tb 0- r o vo_ in RA 1�66 x 25.t2 -12 � - 27.3 vPl? ALF P(H - Peek P. -1-� 7 —,2 1�3 -Vpb McD depbys downs¢ed unrts to tap small towns I Nation's Restaurant News Find Articles at BN - Windows Internet Explorer; .. E ... I ... Tools Fie Edt View Favorites McD deploys do%vnsU:ed units to tap small ... 1 � ®� i Page O Tools I a start q ( 0 order to enter Smalltown, USA. McDonald's new units, or what it is calling its Series 2000 generation of restaurants, are currently being opened at sites around the country. Company official's confirmed that the new units are at the vanguard of the chai'n's resolve to enter domestic towns that had previously been written off because they were too small to generate sales needed for sustaining a full -size traditional' outlet. Sponsored finks Brought to you by CBS MoneyWatch.com Sponsored Resources O Best- and Worst -Paid College Degrees O 6 Things You Should Never Do on Twitter or Facebook O How Much Sleep Do You Really Need? O 6 Big Myths about Gas Mileage ® CBS I Watch Find a uc . .culli Nasdaq .S&Pgoo News Dow i 1.0178.88 - 119.56 - 1.16% 0 Du%v ones Industri.il Aver.rve (DJ11 t.eom I:AM 1.1 "I _F,1 =M Say Goodbye to Free Checking? ADVERTISEMENT � chadlesscxwAB Most Recent Business Publications Clearwater 1 -Dav Coupons 7[ F—I —F-0 Internet J.'100% Inbox - Microsoft ... I Inbox - Microsot j Phone Listin g /... Mcm deploys do.. 3:ll PM "The Series 2000 reality gives us the Most Recent opportunity to look at small towns where we .d Articles were not able to get to before," said Ann Connolly, a McDonald's spokeswoman. • Food Marketing to The construction of smaller restaurants Kids: Why Ronald comes nearly a year after McDonald's started McDonald WiGI testing the Golden Arch Cafe, a full - service, Survive But Happy 1950s -style diner concept the company hoped Meal Toys... would help it penetrate smaller markets. But • Starbucks Sponsors the company's enthusiasm for the Golden Eco- Friendly Cup Arch Cafe has waned, according to analysts Contest -- Then who attended a private meeting with Ignores the Winner McDonald's executives a month ago. The company has revamped that concept and • New Livestock opened just two more test units since Rules Mean the unveiling it last year.. USDA is No Longer Big Meat's BFF Connolly said the new prototype is 50- percent smaller than the tradi'ti'onal outlet and costs • Why Fruit y 30- percent less to build. The chain's average Smoothies and unit size is about 4,100 square feet and costs Oatmeal Mean That between $1.5 million to $1.6 million to build. McDonald's Is -- Gasp! -- Selling... Called the Series 2000 because of their • BP's Oil Spill: Why square -foot size, the new units will' seat 50 Americans Will Be patrons and will require about 20 staffers per Eating More Farmed shift. A typical' unit employs about 40 persons Shrimp From Asia per shift and seats twice as many patrons as the standard unit does. More Sponsored finks Brought to you by CBS MoneyWatch.com Sponsored Resources O Best- and Worst -Paid College Degrees O 6 Things You Should Never Do on Twitter or Facebook O How Much Sleep Do You Really Need? O 6 Big Myths about Gas Mileage ® CBS I Watch Find a uc . .culli Nasdaq .S&Pgoo News Dow i 1.0178.88 - 119.56 - 1.16% 0 Du%v ones Industri.il Aver.rve (DJ11 t.eom I:AM 1.1 "I _F,1 =M Say Goodbye to Free Checking? ADVERTISEMENT � chadlesscxwAB Most Recent Business Publications Clearwater 1 -Dav Coupons 7[ F—I —F-0 Internet J.'100% Inbox - Microsoft ... I Inbox - Microsot j Phone Listin g /... Mcm deploys do.. 3:ll PM J liri ye - /h %a n �LIB.�$= C PM p �k S�6/�I. 0 00) 3,33; CI 'E-e gv, -Un ( 7/0 (0) 2 5� 04/7/1) o co) -X- 25 OHI /1000) 1. 1/9 31, n New cor. Sa %.s ( ems? 'Yl) T 'ps boo) 33.3 L4 2010 - Aug -27 09:42 AM City F Clearwater O.A.L.S. 7275624r'g6 1/3 L02 a0i0 060' PETITION IN SUPPORT As a neighbor closely located to the former Bank of America site at 1465 Sunset Point Road,1 support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010- 06001, to allow general commercial uses. Thank you. NAME ADDRESS DATE � C�q�— S ,br' *h cI �0._4D 2 A �O 1 v (G6 t� k 7' C—l4 o U_sc I $S 1 lrC4) R.l�) ti r ' 3 7 -7 2010- Aug -27 09:43 AM City _F Clearwater O,A,L,S. 7275624na6 2/3 PETITION IN SUPPORT As a neighbor closely located to the former Bank of America site at 146S Sunset Point Road, I support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010- 06001, to allow general commercial uses, Thank you, NAME ADDRESS DATE �r``yKc Cknre / foo FLaK# 7 -- H- /a t 402 t (D. �11 A/ $d 5 v nsel 6 /h 9-15-10 1 Iqq& 5M & L4Nr 7,r7-(J 2010- Aug -27 09:43 AM City -f Clearwater O.B.L.S. 7275624086 PETIT !2N IN SUPPORT As a neighbor closely located to the former Bank of America site at 1465 Sunset Point road, I support the rezoning and land use change of the site under City of Clearwater file # LUZ 2010 - 06001, to allow general commercial uses. Thankyou. NAME ADDRESS DATE 1,5q -7 +lepew- &,v - 711 X1/1 I / r L-gf � (o 128 �nsv!- 3/3 Comprehensive Plan Citizen Courtesy Information List Local Government: City of Clearwater Hearing Date: July 20, 2010 Type Hearing: Transmittal (Proposed): LUZ2010-06001; 1475 Sunset Point Road DCA Amendment Number: Please Print Clearly (DCA Official Use) By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. Citizen Name Address, City, State, Check Appropriate M Zip Code Written Spoken Comment Comment ---- - - -------- - ----------- .......... . . . ........... . ...... . .............. ..... . .... . . . ...... . .. . ..... .. . ..... . ...... . Identify Amendment which is of Interest Over for more spaces U Case # LUZ2010 -06001 SIGN POSTING ACKNOWLEDGEMENT I hereby acknowledge receipt of a public notice sign to post on property I own and /or represent that is being considered by the City of Clearwater for annexation, land use plan amendment and /or rezoning, and agree to post said sign on the subject property in a location where it is capable of being read from the most significant adjacent street a minimum of 15 days before the Community Development Board Meeting. Pro Owner rized Representative: U Pri t e Date n Name Community Development Board Meeting Date: • July 20, 2010 City Council Public Hearing Dates: • August 5, 2010 (1St reading) • October, 21, 2010 (2nd reading) The sign shall be posted on the property no later than: July 5, 2010 .atwr CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE.,2ND FLOOR CLEARWATER, FL, 33756 PH - 727/562-4567 FAX - 727/562-4865 FACSIMILE TRANSMITTAL SHEET TO: TODD PRESSMAN FROM: CATE LEE COMPANY: PRESSMAN & ASSOCIATES DATE: 6/9/2010 FAX NUMBER: 888 - 977 -1179 TOTAL NO. OF PAGES INCLUDING COVER: 3 RE: LUZ2010 -06001 1475 Sunset Point Road ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS: Good Morning Todd, The letter of completeness is attached. I'm also sending a paper copy in the mail. Best Regards, Cate Lee 562 -4557 WEB - WWW.MYCLEARWATER.COM CITY OF CLEARWATER #4�� Pose OFPiCi; Box 474$, Ci.r.ARw.aYER, FLoa10A 33758 -4748 MoNiru�ni. Sruvias Bu�u»NC.,100 S�nrnii �Nl)� a �� A��i sur.; (;,LAR�N, TER, 1"L0 3:3756 :wGTCt �ti` T,;LENLONE (727) 562 -4567 FAX (727) 562 -4865 PIANNIN6 & DF- VEIOPMENT June 9, 2010 Todd Pressman Pressman & Associates, Inc. P.O. Box 6015 Palm Harbor, FL 34684 RE: ease #LUZ2010- 06001: Application for Land Use /Zoning Amendment Parcel #02- 29 -15- 00000 - 320 -0200 located at 1475 Sunset Point Road Dear Mr. Pressman: The City of Clearwater Planning & Development Department has reviewed the above referenced application and determined the application to be complete. The application requests a land use amendment from Residential /Office General (R/OG) and Residential Urban (RU) to Commercial General (CG), and a zoning amendment from Office (0) and Low Medium Density Residential (LMDR) to Commercial (C). The following review schedule is tentatively established for the application. Should there be a change to a meeting time or location, the City will contact you immediately. The owner or owner's agent is required to attend the Development Review Committee and Community Development Board meetings. The case will be forwarded to the Community Development Board upon being deemed sufficient by the City. 07/01/2010 Development Review Committee Meeting Time TBD* Municipal Services Building, 2" d floor Planning & Development Department, Conference Room 216 100 S. Myrtle Avenue, Clearwater, FL *Please call Sherry Watkins at 727.562.4582 no earlier than one week prior to the ineeting.for the approxirnate time of the case review. 7/20/2010 Community Development Board 1:00 PM City Hall Council Chambers, P Floor 112 S. Osceola Avenue, Clearwater, FL Mr. Todd Pressman June 9, 2010 Page 2 of 2 8/5/2010 City Council Public Hearing (first reading) 6:00 PM City Hall Council Chambers, 3rd Floor 112 S. Osceola Avenue, Clearwater, FL 10/21/2010 City Council Public Hearing (second reading) 6:00 PM City Hall Council Chambers, 3rd Floor 112 S. Osceola Avenue, Clearwater, FL Please contact me at 727.562.4557 or catherine . lee Lg)rnvclea.rwater.com if you have any questions. Sincerely, Catherine Lee Planner II S:IPlorrurirrg Depam-bnerrtl(7 D MLnnd Use AmendnrentslL(J7 2010ILU72010 -06001 - 1475 Sunset Poirrt Rd - Bellenir Development Croup, LLCILU7. 2010 -06001 Completeness Letter.Doc CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 5, 2010 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order - Mayor Frank Hibbard The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Youth Pastor Elijah McGill from New Destiny Worship Center 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Approval of Minutes 4.1 Approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. 5. Citizens to be Heard re Items Not on the Agenda Andrew Loomis expressed concern with the funding obligation required for the Pension Fund. Council 2010 -08 -05 7.3 Deny a Future Land Use Map Amendment from the Residential /Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (0) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW '/ of SW '/4 of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances 8195 -10 and 8196 -10 on first reading. (LUZ2010- 06001) This future land use map amendment and rezoning application involves 1.23 acres of an approximately 1.52 -acre parcel, located on the south side of Sunset Point Road, approximately 150 feet west of North Highland Avenue. This property has Future Land Use Map classifications of Residential /Office General (R/OG) and Residential Urban (RU) and zoning designations of Office (0) and Low Medium Density Residential (LMDR). The applicant is requesting to amend the future land use classification to the Commercial General (CG) classification and the zoning district to the Commercial (C) District. Currently, 0.29 acres of the subject property have commercial future land use and zoning classifications. The subject property functioned as a bank beginning in 1965 and ending in May 2007 with the closure of Bank of America. The former bank site contains a building, parking lot, and entrance on the north portion of the property fronting on Sunset Point Road, and a drive through and drive isle traversing the eastern portion of the property and connecting to Highland Avenue. This land use map amendment and rezoning application was not accompanied by an application for site redevelopment, therefore no use is currently proposed. The Planning and Development Department has determined that the proposed Future Land Use Map amendment and rezoning amendment are inconsistent with the Community Development Code as specified below: The proposed amendment is inconsistent with the Comprehensive Plan, the Countywide Plan Rules, and the Community Development Code; The available uses in the Commercial (C) District are incompatible with the surrounding area; and The proposed amendment conflicts with the character of the neighborhood. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. The application is a large -scale amendment and review and approval by the Florida Department of Community Affairs is required. Council 2010 -08 -05 10 The Community Development Board reviewed this application at its public hearing on July 20, 2010. The Planning and Development Department will report its recommendation at the August 5, 2010 City Council meeting. Administrative Public Hearing on Land Use Amendment Planner Cate Lee provided a PowerPoint presentation. The Community Development Board recommended denial of the applicant's request at the July 20, 2010 meeting with a 4:3 vote. In response to a question, Planning and Development Director Michael Delk said there is an excess of retail space in the proposed area. Ms. Lee said a bank is currently an allowed use. Applicant representative Todd Pressman provided a PowerPoint presentation. The former bank site has been vacant since 2006 and has fallen into disrepair. Mr. Pressman said the neighboring property owners he has spoken to support the applicant's request. He submitted a copy of a contract to purchase the property by the developers of Family Dollar stores. In response to questions, Ms. Lee said the permitted uses allowed in the commercial general designation include restaurants, retail services, and overnight accommodations. Mr. Delk said the area is mainly residential and staff recommends staying at a lower intensity land use and zoning. Concerns were expressed with uses allowed with commercial general zoning designation and impact it would have on character of neighborhood. The City Attorney noted that the purchase contract provided by the applicant was not signed and therefore not valid. Mr. Pressman said the contract is contingent on the zoning change. Two individuals spoke in, support. In response to a question, Assistant City Attorney Leslie Dougall -Sides said the land use zoning case should not force the applicant to a particular site plan. It was suggested the item be continued in order for the applicant to submit a site plan. Planning and Development Assistant Director Gina Clayton said the item requires a large scale plan amendment that requires approval from the Department of Community Affairs. If the item is not approved now, the request must wait until next year. Council 2010 -08 -05 11 Vice Mayor John Doran moved to deny a Future Land Use Map Amendment from the Residential /Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (0) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW 1/4 of SW 1/4 of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates. The motion was duly seconded and upon the vote being taken: "Ayes ": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. "Nays ": Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. Quasi - Judicial Public Hearing on Re- zoning The City Attorney noted the public hearing is open but the zoning requested is not allowed under the current land use plan. Councilmember George N. Cretekos moved to deny zoning request. The motion was duly seconded and upon the vote being taken: "Ayes ": Vice Mayor John Doran, Councilmember George N. Cretekos, and Councilmember Bill Jonson. "Nays ": Mayor Frank Hibbard and Councilmember Paul Gibson. Motion carried. Council 2010 -08 -05 12 City Council Agenda Location: Council Chambers - City Hall Date: 8/5/2010- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right -hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727 -562 -4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Presentation of Menorah by Rabbi Shmuel Reich iB Attachments 5. Approval of Minutes 5.1 Approve the minutes of the July 15, 2010 City Council Meeting as submitted in written summation by the City Clerk. 13 Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories, and pass Ordinance 8201 -10 on first reading.(CPA2010- 06001) 1B Attachments 8. Quasi - judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) M - Applicant presents case, —eluding its testimony and exhibits. Wit,...ss may be cross - examined (15 minutes) - Staff presents further evidence. May be cross - examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (1) classification and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (1) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East, and pass Ordinances 8193 -10 and 8194 -10 on first reading. (LUZ2010- 05001) 10 Attachments 8.2 Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (1), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories and the Zoning Atlas Amendment from the Institutional (1), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts,for property located at 3400 Gulf -to -Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East) and pass Ordinances 8197 -10 and 8918 -10 on first reading and approve a Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and adopt Resolution 10 -18. (LUZ2010 -06002 and DVA2010- 06001) S Attachments 8.3 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (0) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW 1/a of SW 1/a of Section 2, Township 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances 8195 -10 and 8196 -10 on first reading. (LUZ2010- 06001) 0 Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 8174 -10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ID Attachments 9.2 Adopt Ordinance No. 8175 -10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Residential Low (R-)• 0 Attachments 9.3 Adopt Ordinance No. 8176 -10 on second reading, amending the Zoning Atlas of the city by zoning - certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). R Attachments 9.4 Adopt Ordinance No. 8178 -10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road, together with the abutting right -of -way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 19 Attachments AGENDA 'j•r ,yk lA �* 8/2/2010 9:00 • 1. Presentations 1.1 STEMTEC Summer Program Scholarship Funding - Allijah Graham and Marilyn Browne (D Attachments 1.2 The Status of the Fishing Industry in Clearwater - Mike Colby 1B Attachments 2. Economic Development and Housing 2.1 Approve two work orders for American Recovery and Reinvestment Act Brownfields Assessment and Cleanup Revolving Loan Fund Activities for the CarPro site located at 1359 Cleveland Street to Cardno TBE, an Engineer of Record, in the amounts of $86,500 and $70,000 and authorize the appropriate officials to execute same. (consent) S Attachments 3. Financial Services 3.1 Approve the amendment of the Capital Improvement Program (CIP) to restructure current Water and Sewer Utility funding by reducing project revenue budgets by $15,665,240 of planned future bond proceeds, increasing project revenue budgets by $2,922,874 of utility renewal and replacement revenue, $8,323,626 of sewer revenue and $4,418,740 of water revenue for a total increase of $15,665,240, resulting in a net budget change of $0. (consent) 1B Attachments 3.2 Approve agreement for external auditing services for fiscal years ending September 30, 2010 through 2014 with audit firm of Kirkland, Russ, Murphy and Tapp, for a not -to- exceed amount of $666,000 and authorize the appropriate officials to execute same. (unseat) - ID Attachments 4. Human Resources 4.1 Approve the Addendum to the Agent of Record Agreement between the City of Clearwater and Gehring Group, Inc., providing for additional services to be included in the scope of services described in the initial Agent of Record Agreement dated May 2, 2001 and the Renewal of Agent of Record Agreement dated April 26, 2006. (consent) 0 Attachments 4.2 Approve the Amendment to the Administrative Services Agreement between the City of Clearwater and International City Management Association Retirement Corporation (ICMA -RC) for the 401 a Money Purchase Pension Plan and the 457k Deferred Compensation Pian, to be effective October 1, 2010 through September 30, 2017. (consent) 2 Attachments; 4.3 Approve the timeline for negotiating changes to the Employees' Pension Plan, provide direction on changes desired, and appropriate $200,000 from General Fund retained earnings to pay for any costs incurred related to such changes including costs for legal and actuary services related to such changes. ID Attachments 5. Marine and Aviation 5.1 Approve renewal of the iv.anagement Agreement with Clearwater C(,...�nunity Sailing Association (CCSA) for the second five (5) year renewal option, for the total sum of $76,305.60; delegate custodial responsibility for the Sailing Center's common areas to the CCSA in lieu of annual CPI increases, saving the city $27,500 annually, and authorize the appropriate officials to execute same. (consent) S .Attachments 6. Parks and Recreation 6.1 Ratify and confirm increasing the Blanket Purchase Order (BR505834) with Left Coast Excavation Inc. from $100,000 to $150,000 for additional labor and materials to install concrete at various Parks and Recreation sites and projects. (consent) ID Attachments 6.2 Ratify and confirm the establishment of a new Capital Improvement Project entitled Ross Norton Ballfield Improvements, CIP 315- 93619, for $35,000 to be funded from a $25,000 grant from the Rays Foundation and transfer of operational funds of $10,000 to the new project. (consent) Attachments 7. Public Utilities 7.1 Accept the Town of Belleair's Resolution 2010 -29 permitting Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and adopt Resolution 10 -17. Attachments 7.2 Approve an Interlocal Agreement with the Town of Belleair permitting the City of Clearwater to provide reclaimed water service to its residents when feasible and otherwise not available and authorize the appropriate officials to execute same. 15 Attachments 7.3 Amend Chapter 32, Clearwater Code of Ordinances, as related to general potable and reclaimed watering schedules, and pass Ordinance 8202 -10 on first reading. ID Attachments 7.4 Approve an increase to an existing three -year contract (purchase order BR504735) to Polydyne, Inc., of Riceboro, GA, increasing the contract by $169,869.28, for a new total value of $709,869.28 for Polymer Services (RFP 12 -08), and authorize the appropriate officials to execute same. (consent) ID Attachments � .. , 8. Engineering 8.1 Accept a Fire Hydrant and Utility Easement over, under and across a portion of the plat of 440 West, a condominium, as conveyed by 440 West, Inc. in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) 19 Attachments 8.2 Accept a 2.5 -foot Sidewalk Easement over, under, across and through a portion of Section 8, Township 29 South, Range 15 East as conveyed by Decade Companies Income Properties, LLC in consideration of receipt of $10.00 and the benefits to be derived therefrom. (consent) [ Attachments 8.3 Approve a King Engineering Associates, Inc. work order in the amount of $779,978.00 to provide planning, design, permitting and other services related to the Idlewild and The Mall Sanitary Sewer Expansion Project (09- 0019 -UT); approve a grant from the U.S. Environmental Protection Agency in the amount of $477,000; and authorize the appropriate officials to execute same. (consent) S Attachments 8.4 Amend Chapter 30, Traffic and Motor Vehicles, Code of Ordinances, establishing a parking ticket dismissal program, revising the time frame and fee structure for delinquent parking tickets, establishing a pro €T: ini afira ,.it o tem,parany ci7 perriianent ren:.ovaI or rental of municipal parking, modifying. App r`lix � A, Schedule of Fees, and pass Ordinance 8168 -10 on first reading. .Attachments 9. Planning 9.1 Establish the Clearwater Greenprint Stakeholder Steering Committee and provisions for member eligibility, categories and term of office, adopt Resolution 10 -20, and appoint committee members. (D Attachments 9.2 Approve amendments to the Clearwater Comprehensive Plan adding Future Land Use Map categories for transit oriented development, adding an objective and policies pertaining to the new categories, and pass Ordinance 8201 -10 on first reading. (CPA2010-0600 1) D Attachments 9.3 Approve a Future Land Use Map Amendment from the Residential Urban (RU) classification to the Institutional (I) classification and a Zoning Atlas Amendment from the Low Medium Density Residential (LMDR) District to the Institutional (I) District for property at 110 N. McMullen Booth Road, located on the northeast corner of Virginia Avenue and Meadow Lark Lane in Section 16, Township 29 South, Range 16 East, and pass Ordinances 8193 -10 and 8194 -10 on first reading. (LUZ2010- 05001) ID Attachments 9.4 Approve the Future Land Use Plan Amendment from the Institutional (I), Commercial General (CG), Preservation (P), Water/Drainage Feature, Recreation/Open Space (R/OS) and Residential Low (RL) Categories to the Institutional (I), Preservation (P), Recreation/ Open Space (R/OS), and Water/Drainage Feature Categories and the Zoning Atlas Amendment from the Institutional (I), Commercial (C), Preservation (P), Low Density Residential (LDR), and Open Space/Recreation (OS/R) Districts to the Institutional (I), Preservation (P), and Open Space/Recreation (OS/R) Districts,for property located at 3400 Gulf -to -Bay Boulevard (consisting of a portion of Section 16, Township 29 South, Range 16 East) and pass Ordinances 8197 -10 and 8918 -10 on first reading and approve a Development Agreement for this property between Clearwater Christian College Private School, Inc. and the City of Clearwater and adopt Resolution 10 -18. (LUZ2010 -06002 and DVA2010- 06001) (D Attachments 9.5 Deny a Future Land Use Map Amendment from the Residential/Office General (R/OG) and Residential Urban (RU) classifications to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Office (0) and Low Medium Density Residential (LMDR) districts to the Commercial (C) District for a portion of the property located at 1475 Sunset Point Road (unplatted land in NW 1/4 of SW 1/4 of Secti(n-4?,,,Taw -?ship 29 South, Range 15 East, and part of Lot 9 Brentwood Estates), and deny passage of Ordinances 8195 -10 and 8196 -10 on first reading. (LUZ2010- 06001) ID Attachments 10. City Manager 10.1 Approve temporary lease between City of Clearwater and Bottlenose Productions, Inc. for use of the Harborview Center in conjunction with the production of the motion picture "A Dolphin's Tale ", and authorize the appropriate officials to execute same. (consent) ID Attachments 11. Official Records and Legislative Services 11.1 Reappoint.Jamie An.drian Blackstone -in the Resident category and Patrick O'Neil in the Agency or Government Representative category, with terms to expire August 31, 2014, and appoint Joe DeCicco in the Agency or Government Representative category and Barbara Green in the Resident category, with terms expiring August 31, 2014, to the Brownfields Advisory Board. (consent) 0 Attachments 11.2 Approve the Council Policies 5 Attachments 11.3 Amend Cei;ncill nle 5 w7�d a.& t Pesclutior. 10 -21. ID Attachments 12. Legal 12.1 Adopt Ordinance No. 8174 -10 on second reading, annexing certain real property whose post office address is 133 West Grapefruit Circle, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. ID Attachments 12.2 Adopt Ordinance No. 8175 -10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Residential Low (RL). IB Attachments 12.3 Adopt Ordinance No. 8176 -10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 133 West Grapefruit Circle, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Attachments 12.4 Adopt Ordinance No. 8178 -10 on second reading, annexing certain real property whose post office address is 1711 Lakeview Road, together with the abutting right -of -way of Lakeview Road and Laurel Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Attachments 12.5 Adopt Ordinance No. 8179 -10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1711 Lakeview Road, together with the abutting right -of -way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Residential Low (RL). ID Attachments 12.6 Adopt Ordinance No. 8180 -10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1711 Lakeview Road, together with the abutting right - of -way of Lakeview Road and Laurel Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). (D Attachments 12.7 Adopt Ordinance No. 8182 -10 on second reading, annexing certain real property whose past office address is 1845 Audubon Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. O .Attachments 12.8 Adopt Ordinance 8183 -10 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Residential Low (RL). (D Attachments 12.9 Adopt Ordinance No. 8184 -10 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1845 Audubon Street, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 15 Attachments 12.10 Adopt Ordinance No. 8199 -10 on second reading, Amending Chapter 32, Code of Ordinances, relating to residential reclaimed water service outside city limits within an incorporated area and location of reclaimed water service lines, and adding Interlocal Agreement as a means for providing service. 2 Attachments 13. Council Discussion Items r ` °1?.f°�`' Tease `Extensions for Crabby Bill's arty S'uriset91a *te 6G May�r'1Iib1offV'- B .Attachments 13.2 Impact of SB 1196 re fire sprinkler retrofit - Councilmember Gibson ID Attachments 13.3 Sea Oat Planting ID Attachments 14. Closing Comments by Mayor 15. Adjourn 16. Presentation(s) for Council Meeting 16.1 Presentation of Menorah by Rabbi Shmuel Reich (D Attachments 4 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER July 20, 2010 DRAFT Present: Nicholas C. Fritsch Thomas Coates Frank L. Dame Doreen DiPolito Richard Adelson Brian A. Barker Norma R. Carlough Absent: Kurt B. Hinrichs Also Present: Gina Grimes Leslie Dougall -Sides Michael L. Delk Gina Clayton Robert Tefft Patricia O. Sullivan Chair Vice -Chair Board Member Board Member Board Member Board Member Acting Board Member Board Member Attorney for the Board Assistant City Attorney Planning & Development Director Planning & Development Assistant Director Development Review Manager Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETINGS: June 15, 2010 Member Coates moved to approve the minutes of the regular Community Development Board meeting of June 15, 2010 as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. REQUEST FOR CONTINUANCE: (Items 1 -2) (Continue both items to August 3, 2010) 1. Level Three Application Case: LUZ2010 -06002 — 3400 Gulf -to -Bay Boulevard (Related to DVA2010- 06001) Owner /Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757 -1368; phone: 727 - 461 -1818; fax: 727 -462- 0365). Location: 131.05 acres located on the north side of Gulf -to -Bay Boulevard approximately 900 feet east of S. Bayshore Boulevard. Atlas Page: 2928. Request: a) Future Land Use Plan amendment from the Institutional (1), Commercial General (CG), Preservation (P), Recreation /Open Space (R /OS), Residential Low (RL), and Water Categories to Institutional (1), Preservation (P), Recreation /Open Space (R/OS), and Water Categories; and Community Development 2010 -07 -20 10'r— to Party Status Holder Robert Herberich opposed the project as parking from the development will spill onto his street, traffic accidents in front of the property are common, oak trees will be destroyed, and landscaping will not be maintained. Mr. Kurleman said the site is in the East Gateway District; the project is built closer to the street to create street life. The two -story buildings will be compatible with nearby structures. Acting Member Carlough moved to approve Case FLD2010 -05001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of approval as listed. The motion was duly seconded and carried unanimously. G - LEVEL THREE APPLICATIONS: (Items 1 -2) 1. Level Three Application Case: CPA2010 -06001 Amendments to the Clearwater Comprehensive Plan Applicant: City of Clearwater, Planning and Development Department. Request: Amendments to the Clearwater Comprehensive Plan to add plan classification categories for transit oriented development and to add an objective and policies pertaining to the new categories. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. See Exhibit: Staff Report CPA2010 -06001 2010 -07 -20 Planner II Cate Lee reviewed the Staff Report. Typos were discussed. In response to questions, Planning Manager Tammy Vrana said zoning categories and regulations for transit stations will be applied on a case by case basis; each location will be unique and listed on the master plan. Ms. Lee said the plan discourages surface parking near transit stations as it would encourage sprawl and discourage public transit. Structured parking will be phased in. Ms. Vrana said parking lots would impede the comfort of pedestrians in pedestrian oriented areas and break up the urban fabric. Planning & Development Assistant Director Gina Clayton said park and ride lots will be located in north Pinellas County and in Pasco County. Support was expressed for these planning efforts that will move the City and County into the 21St century. It was recommended that a footnote clarify that the master plan will identify the unique zoning applied to each transit station location. Member Dame moved to recommend approval of Case CPA2010 -06001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with a recommendation that a footnote clarify that the master plan will identify the unique zoning applied to each transit station location. The motion was duly seconded and carried unanimously. Community Development 2010 -07 -20 10 2. Case: LUZ2010 -06001 —1475 Sunset Point Road Level Three Application Owner /Applicant: Bank of America /Belleair Development Group, LLC Representative: Todd Pressman, Pressman & Associates, Inc. (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727 - 804 -1760; fax: 888 - 977 - 1179). Location: 1.23 acres, located on the south side of Sunset Point Road approximately 150 feet west of North Highland Avenue. Atlas Page: 261A. Request: a) Future Land Use Map amendment from Residential /Office General (R/OG) Category and Residential Urban (RU) Category to Commercial General (CG) Category; and b) Zoning Atlas amendment from Office (0) and Low Medium Density Residential (LMDR), to Commercial (C) District. Type of Amendment: Large scale. Proposed Use: None. Neighborhood Associations: Clearview Lake Estates and Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. See Exhibit: Staff Report LUZ2010 -06001 2010 -07 -20 Member Coates moved to accept Cate Lee as an expert witness in the fields of zoning, site plan analysis, code administration, and planning in general. The motion was duly seconded and carried unanimously. Planner II Cate Lee reviewed the Staff Report. Staff recommends denial. Representative Todd Pressman said the former bank building on this large property has been vacant for three years; it is in disrepair and attracts transients. He said a derelict gasoline station on the corner next door has been vacant for five years. He said abutting residential neighbors signed a petition supporting this request. He said significant commercial activity exists at the nearby intersection of Sunset Point Road and Highland Avenue. He said commercial properties on the west side of Highland Avenue back up to the same residential neighborhood as the subject property. He said commercial uses have been successful in the area but office uses have not. He said a busy Mexican convenience store is west of the site. He expressed concern that the site will become more blighted if changes are not made. He said the request would attract investment and revitalization. He said there is a good chance that the owners of the subject property and gasoline station will work together. One person spoke in support of the request. Ms. Lee said the commercial property west of the site is a non conforming use. The few commercial uses on Sunset Point Road west of Highland Avenue are located at intersections; most are in the County. Office uses generate less traffic than commercial. The north side of the Sunset Point Road /Highland Avenue intersection features single - family residences. Discussion ensued with comments that Sunset Point Road is very narrow in that area. Concern was expressed that no use was proposed. It was felt that nearby residents signed the petition in hopes of ending this blight in their neighborhood. Community Development 2010 -07 -20 11 "'ik,. J 1� A Acting Member Carlough moved to recommend denial of Case LUZ2010 -06001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Dame, Adelson, Chair Fritsch, and Acting Member Carlough voted "Aye "; Members Coates, DiPolito, and Barker voted "Nay." Motion carried. H - DIRECTOR'S ITEM: (Item 1) Appoint CDB representative to the Clearwater Greenprint Steering Committee. Member Dame moved to endorse the appointment of Member Adelson to the Clearwater Greenprint Steering Committee. The motion was duly seconded and carried unanimously. Member Dame reported a major motion picture about the dolphin Winter will begin filming at the Clearwater Aquarium in late September. I - ADJOURN The meeting adjourned at 4:25 p.m. Attest: Board Reporter Community Development 2010 -07 -20 Chair Community Development Board 12 n LL Clearwater CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, July 20, 2010 Time: 1:00 p.m. Place: 112 South Osceola Street, 3ra Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) 07/20/2010 Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons 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. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross - examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross - examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning and Development Department listed at the end of each agenda item at 727 -562 -4567. www.myclearwater.com/ og v /dgpts /planning Community Development Board Consent Agenda_ July 20, 2040 =Page t of 7 A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Hinrichs, Dame, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: June 15, 2010. D. REQUESTS FOR CONTINUANCE (Items 1— 2) (Continue both items to August 3,2010): 1. Case: LUZ2010 -06002 — 3400 Gulf -to -Bay Boulevard (Related to DVA2010- 06001) Level Three Application Owner /Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757 -1368; phone: 727 -461 -1818; fax: 727 -462- 0365). Location: 131.05 acres located on the north side of Gulf -to -Bay approximately 900 feet east of S. Bayshore Boulevard. Atlas Page: 292B. Request: (a) Future Land Use Plan amendment from the Institutional (I), Commercial General (CG), Preservation (P), Recreation/Open Space (R/OS), Residential Low (RL), and Water Categories to Institutional (1), Preservation (P), Recreation/Open Space (R/OS), and Water Categories; and (b) Zoning Atlas amendment from the Institutional (1), Commercial (C), Preservation (P), and Open Space/ Recreation (OS/R) Districts to Institutional (1), Preservation (P) and Open Space/ Recreation (OS/R) Districts. Type of Amendment: Large scale. Proposed Use: Educational Facilities. Neighborhood Association: Del Oro Groves Estates Association and Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, AICP, Planner III. 2. Case: DVA2010 -06001 — 3400 Gulf -to -Bay Boulevard (Related to LUZ2010- 06002) Level Three Application Owner /Applicant: Clearwater Christian College Private School, Inc. Representative: Katherine E. Cole, Esquire, and Johnson, Pope, Bokor, Rupple & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757 -1368; phone: 727 -461 -1818; fax: 727 -462- 0365). Location: 131.05 acres located on the north side of Gulf -to -Bay approximately 900 feet east of S. Bayshore Boulevard. Atlas Page: 292B Request: Review of, and recommendation to the City Council, of a Development Agreement between Clearwater Christian College Private School, Inc. (the property owner) and the City of Clearwater as per Community Development Code Section 4 -606. Proposed Use: Educational Facilities uses of up to 170,000 square feet of non - residential floor area (0.149 Floor Area Ratio) and up to 750 Dormitory Beds/Residents (12.5 dwelling units per acre) at a maximum height of 50 feet Neighborhood Association: Del Oro Groves Estates Association and Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, AICP, Planner III. `° Commu-nity Development Board Consent Agenda —July 20, 2010 —Page 2 of 7 E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1— 4): 1. Case: LUZ2010 -05001 — One parcel located on the south portion of the main Calvary Baptist Church site at 110 N. McMullen Booth Road Level Three Application Owner /Applicant: First Baptist Church of Clearwater, Inc. a/k/a Calvary Baptist Church. Representative: Harry S. Cline, Esq. (P.O. Box 1669, Clearwater, FL 33757; phone: 727 -441 -8966; fax: 727- 442 - 8470). Location: 0.219 acres located on the south portion of the main church site at 110 N. McMullen Booth Road. Atlas Page: 292A. Request: (a) Future Land Use Plan amendment from the Residential Urban (RU) category to the Institutional (1) category; and (b) Zoning Atlas amendment from the Low Medium Density Residential (LMDR) District to the Institutional (1) District. Type of Amendment: Large scale. Proposed Use: Church and support facilities. Neighborhood Association: Del Oro Groves Estates Association and Clearwater Neighborhoods Coalition. Presenter: Tammy Vrana, AICP, Long Range Planning Manager. 2. Case: Amendments to the Clearwater Downtown Redevelopment Plan — Level Three Application Applicant: City of Clearwater, Planning and Development Department. Request: Amendments to the Clearwater Downtown Redevelopment Plan supporting the outdoor display of bicycles for properties along the Pinellas Trail and expanding the allowable uses for certain property located east of the Pinellas Trail in the Old Bay Character District. Neighborhood Associations: Country Club Addition; East Gateway; Harbor Oaks; Hillcrest; Old Clearwater Bay Neighborhood Association; Mediterranean; Pierce 100 Condominium Association; Skycrest Neighborhood Association, Lake Bellevue, North Greenwood and Clearwater Neighborhoods Coalition. Presenter: Gina L. Clayton, Assistant Planning and Development Director. Com -runny Leveioprr.dnt D;;ard. Consent Agenda —July 20, 2010— Page 3 of 7 3. Case: FLD2010 -03007 —1934 N. Hercules Avenue Level Two Application Owner /Applicant: McDonalds Corporation. Agent: Braulio Grajales, High Point Engineering (630 Chestnut Street, Clearwater, FL 33756; phone: 727 - 723 -3771; fax: 727 - 723 -7150; email: bgraialesnhpe- fl.com). Location: 1.471 acres located on west side of N. Hercules Avenue, approximately 195 feet north of Sunset Point Road. Atlas Page: 253A. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a 607 square foot expansion for an existing restaurant in the Commercial (C) District with a lot area of 64,083 square feet, a lot width of 160 feet along Hercules Avenue and 100 feet along Sunset Point Road, a front setback (east along Hercules Avenue) of 12.6 feet (to existing pavement) and 71.7 feet (to proposed building), a front setback (south along Sunset Point Road) of 84 feet (to existing pavement), a side (north) setback of 10.1 feet (to existing pavement), 16.6 feet (to dumpster enclosure) and 63.8 feet (to existing building), a side (south) setback of 8.4 feet (to existing pavement) and 59.4 feet (to existing building), a side (east) setback of 5.5 feet (to existing pavement), a side (west) setback of 5 feet (to dumpster enclosure), 8.2 feet (to pavement) and 95.8 feet (to existing building), a building height of 20 feet (to highest architectural feature) and 38 off - street parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2- 704.C, with a reduction to the perimeter landscape buffer along Hercules Avenue from 15 feet to 12.6 feet, as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3- 1202.G. Proposed Use: Restaurant. Neighborhood Associations: Clearview Lake Estates and Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. 4. Case: FLD2010 -05002 — 810 S. Missouri Avenue Level Two Application Owner /Applicant: Clearwater Retail Group, LTD. Agent: Braulio Grajales, High Point Engineering (630 Chestnut Street, Clearwater, FL 33756; phone: 727 - 723 -3771; fax: 727 - 723 -7150; email: bg_rajalesQhpe- fl.com). Location: 1.367 acres located at the southwest corner of Druid Road and Missouri Avenue. Atlas Page: 296A. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a new building with 7,225 square feet of retail and 1,575 square feet of restaurant in the Commercial (C) District with a lot area of 59,554 square feet, a lot width of 237.66 feet along Druid Road and 162.74 feet along Missouri Avenue, a front setback (north along Druid Road) of 13.3 feet (to pavement) and 61.1 feet (to building), a front setback (east along Missouri Avenue) of 15 feet (to pavement) and 86 feet (to building), a side (south) setback of 3.3 feet (to pavement) and 25 feet (to building), a side (west) setback of 4.2 (to dumpster enclosure), five feet (to pavement) and 103.6 feet (to building), a building height of 19.16 feet (to flat roof) and 62 off - street parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2- 704.C, with a reduction to the perimeter landscape buffer along Druid Road from 15 feet to 13.3 feet, a reduction to the perimeter landscape buffer along the south property line from five feet to 3.3 feet and the removal of foundation plantings along the north building facade as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3- 1202.G. Proposed Use: Restaurant and Retail Sales and Services. Neighborhood Associations: Clearwater Neighborhoods Coalition. Presenter: Robert G. Tefft, Development Review Manager. Community Development Board C©nseat Aegeirda-- Ju.1y-2=0,, 4010 —Page-4 of 7 F. LEVEL TWO APPLICATIONS (Items 1— 3): 1. Case: FLD2010 -05003 — 2010 Drew Street Level Two Application Owner: Equities Holdings Group, Inc. Applicant: Tampa Bay Art, LLC d/b /a Tampa Bay Ink. Agent: Robert Gregg (630 Chestnut Street, Clearwater, FL 33756; phone: 727 - 796 -8774 x331; fax: 727 -791 -6942; email: arcbreg_gaol.com). Location: 0.415 acres located at the northwest corner of Drew Street and Patricia Avenue, approximately 150 feet east of N. Hercules Avenue. Atlas Page: 280B. Existing Zoning: Commercial (C) District. Request: Flexible Development application to permit a Problematic Use (tattoo /permanent cosmetics studio) and Retail Sales within an existing tenant space in the Commercial (C) District located adjacent to residentially zoned property with no changes to the existing setbacks or landscape buffers, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2- 704.C. Proposed Use: Problematic Use (tattoo /permanent cosmetics studio) and Retail Sales and Services. Neighborhood Associations: Skycrest Neighbors and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. 2. Case: FLD2009 -02006 — 3100 Gulf to Bay Boulevard Level Two Application Owner /Applicant:, Donald Aze Culbertson, Successor Trustee for Pinellas 3100 Trust. Agent: Pete Alfonso, Pete Alfonso Jr. Architect (5001 Nebraska Avenue, Tampa, FL 33603; phone: 813- 231 -5800; fax: 813 -231 -5810; email: alfonsol69@aol.com). Location: 0.43 acres located at the northeast corner of Gulf to Bay Boulevard and McMullen Booth Road Atlas Page: 292A. Existing Zoning: Commercial (C) District. Request: Flexible Development Application to permit Major Vehicle Service and Limited Vehicle Sales and Display in the Commercial (C) District with a lot area of 18,556 square feet, a lot width of 118 feet (along Gulf to Bay Boulevard) and 150 feet (along McMullen Booth Road), a building height of 15.5 feet (to flat roof), a front (souf1) setback of eight feet (to canopy) and 10 feet (to pavement), a front (west) setback of zero feet (to pavement) and 42 feet (to building), a side (north) setback of 10 feet (to pavement) and 37.75 feet (to building), a side (east) setback of 2.9 feet (to pavement) and 21.4 feet (to building) and 12 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Section 2- 704.C. and a reduction to the interior landscape requirements from 10 percent to 0.94 percent, a reduction to the foundation landscaping from five feet to zero feet on the south facade and zero feet on the west facade, a reduction to the west landscape buffer from 15 feet to zero feet, a reduction to the south landscape buffer from 15 feet to 12.2 feet, and a reduction to the east landscape buffer from five feet to 2.9 feet as Comprehensive Landscape Program under the provisions of Community Development Code Section 3- 1202.G. Proposed Use: Major Vehicle Service and Limited Vehicle Sales and Display. Neighborhood Associations: Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner M. Commanity Development Board Consent Agenda - JaL-20, 2010 Pag& 5- -af . 3. Case: FLD2010-05001 — 113 N Betty Lane Level Two Application Owner /Applicant: SP Country Club Homes, LLC. Agent: Sean Cashen, Gulf Coast Consulting, Inc. (13825 ICOT Blvd, Suite 605, Clearwater, FL 33760; phone: 727 -524 -1818; fax: 727 -524 -6090; email: scashen @gulfcoastconsultinginc.com). Location: 2.21 acres located on the south side of Drew Street between Fredrica Avenue and Betty Lane. Atlas Page: 287B. Existing Zoning: Medium High Density Residential (MBDR) District. Request: Flexible Development Application to permit 33 attached dwellings (town- homes) in the Medium High Density Residential (MHDR) District with a lot area of 96,239 square feet, a lot width of 310 feet (along Drew Street), 310 feet (along Fredrica Drive) and 310 feet (along Betty Lane), a front (north) setback of 15 feet to building), five feet (to pavement and wall) where 10 feet is allowable but may be varied based on the Flexibility criteria, a front (east) setback of 15 feet (to building), five feet (to wall) where 10 feet is allowable but may be varied based on the Flexibility criteria, a front (west) setback of 20.33 feet (to building), 10.07 (to wall) where 10 feet is allowable but may be varied based on the Flexibility criteria, a side (south) setback of 1.36 feet (to pavement and wall) where zero feet is allowable, a building height of 25 feet (to midpoint of roof) and 78 parking spaces as a Residential Infill Project under the provisions of Community Development Code Section 2.4041 and a reduction to the north landscape buffer from 15 feet to seven feet, a reduction to the east landscape buffer from 10 feet to seven feet and a reduction to the south landscape buffer from 10 feet to 1.36 feet as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3- 1202.G. Proposed Use: Attached Dwellings. Neighborhood Associations: Country Club Addition Neighborhood Association and Clearwater Neighborhoods Coalition. Presenter: A. Scott Kurleman, Planner III. G. LEVEL THREE APPLICATIONS (Items 1-2): 1. Case: CPA2010 -06001 Amendments to the Clearwater Comprehensive Plan Level Three Application Applicant: City of Clearwater, Planning and Development Department. Request: Amendments to the Clearwater Comprehensive Plan to add plan classification categories for transit oriented development and to add an objective and policies pertaining to the new categories. Neighborhood'Association(s): Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. ��,,,�j, 2. Case: LUZ2010 -06001 — 1475 Sunset Point Road WM y Level Three Application Owner /Applicant: Bank of America/Belleair Development Group, LLC Representative: Todd Pressman, Pressman & Associates, Inc. (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727 - 804 -1760; fax: 888 - 977 - 1179). Location: 1.23 acres, located on the south side of Sunset Point Road approximately 150 feet west of North Highland Avenue. Atlas Page: 261A. Request: (a) Future Land Use Map amendment from Residential /Office General (R/OG) Category and Residential Urban (RU) Category to Commercial General (CG) Category; and (b) Zoning Atlas amendment from Office (0) and Low Medium Density Residential (LMDR), to Commercial (C) District. Type of Amendment: Large scale. Proposed Use: None. Neighborhood Association: Clearview Lake Estates and Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. - Corninunity Development Board Consent Agenda — July 20, 2010 -Page 6 of 7 H. DIRECTOR'S ITEM (Item 1): 1. Appoint CDB representative to the Clearwater Greenprint Steering Committee. I. ADJOURNMENT S: (Planning DepartmentiCD BUgendas DRC & CDBICDBI2010107 July 20, 20101CDB Consent Agenda July 20, 2010.docx Com- nuriity Developme:-c Bo --r:: Conscnt', gerida — July 20, 2010 —Page 7 of 7 CONTACT: STUART S. GOLDING COMPANY �� 'Al wl i I RTGOLDIN mc ,.WWWvSTUA om til 'Al wl i til x r ^' "'wI�,��' � k vl } � Tx M1� WY ` s LDA y SPACE _ M1 WB&. AVAILABLE 727 -608 -2253 Vicki Anthony z...� .gib -4W ,* # f �. T� T\ tc _ - \l)tl \�i. I:11.1 {_ ti[\:. Lei llk �I. k \'I�'ti �.. z.w t ��. _ .._ I I f ,i j {jI t wo�w -V �� i ,�� ,� ;�� #. f l p 7 i a R ,' Mul CIA 0 11: w11�17BiR 911�u�ro I i � ��, -. -., ; , I L 0 R\ ¥�� \ A� �� AVAIL � : Jm' I _n --� OTIlA nir nn■ ¥ | ■� _ -� _ _._ _ �Y #�� n„ CITY OF CLEARWATER PUBLIC HEARING NOTICE :. LAND USE PLAN AND ZONING ATLAS AMENDMENTS NOTE: All persons wishing to address an item need to be present at the BEGINNING of the Community Development Board meeting. Those cases that are not contested by the applicant, staff, nei_ghborin_p property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 8195 -10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW 1/4 OF SW % OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, & PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD, FROM RESIDENTIAL /OFFICE GENERAL (R/OG) AND RESIDENTIAL URBAN (RU) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 8196 -10 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD APPROXIMATELY 150 FEET WEST OF NORTH HIGHLAND AVENUE, CONSISTING OF UNPLATTED LAND IN NW 1/4 OF SW % OF SECTION 2, TOWNSHIP 29 SOUTH, RANGE 15 EAST, & PART OF LOT 9 OF BRENTWOOD ESTATES, WHOSE POST OFFICE ADDRESS IS 1475 SUNSET POINT ROAD, FROM OFFICE (0) AND LOW MEDIUM DENSITY RESIDENTIAL (LMDR), TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. The proposed ordinances will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, July 20, 2010 before the Community Development Board, at 1:00 p.m. Thursday, August 5, 2010 before the City Council (1St Reading), at 6:00 p.m. Thursday, October 21, 2010 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida. (Bank of America) LUZ2010 -06001 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning and Development 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 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. The Community Development Board will review the case and make a recommendation to the City Council for final disposition. Five days prior to the CDB 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 and Development Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the Planning Department 562 -4567 sto discuss any questions or concerns about the project and /or to better understand the proposal. Michael Delk Planning and Development Director City of Clearwater P.O. Box 4748, Clearwater, FL 33758 -4748 Cynthia E. Goudeau, MMC City Clerk A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & 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. To learn more about presenting to Clearwater boards and City Council, go to hht :// clearwater .granicus.com/ViewPublisher.php ?view id =11 and click on 'Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 07/08/10 & 10/09/10 PAM DU B OV, CFA, CAE • t. Pinellas County Property Appraiser _il _ ............. � www.pepao.org pam@pcpao.org Run Date: 01 Jul 2010 Subject Parcel: 02- 29 -15- 00000 - 320 -0200 Radius: 500 feet Parcel Count: 110 Note: Parcels with protected address status are not included in this report. Total pages: 5 Public information is furnished by the Property Appraiser's Office and must be accepted by the recipient with the understanding that the information received was developed and collected for the purpose of developing a Property Value Roll per Florida Statute. The Pinellas County Property Appraiser's Office makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability or suitability of this information for any other particular use. The Pinellas County Property Appraiser's Office assumes no liability whatsoever associated with the use or misuse of such information. 0 MAIN BRANCH- COURTHOUSE 315 Court St. — 2 " Floor Clearwater, FL 33756 MAIL: PO Box 1957 Clearwater, FL 33757 TEL: (727) 464 -3207 FAX: (727) 464 -3448 HEARING IMPAIRED: (727) 464 -3370 EXEMPTIONS: TEL: (727) 464 -3294 FAX: (727) 464 -3408 COMMERCIAL APPRAISALS: TEL: (727) 464 -3284 RESIDENTIAL APPRAISALS: TEL: (727) 464 -3643 (Cli) ❑ NORTH COUNTY 29269 US Highway 19 N Clearwater, FL 33761 TEL: (727) 464 -8780 FAX: (727) 464 -8794 ❑ TYRONE (SOUTH) 1800 66TH St. N St. Petersburg, FL 33710 TEL: (727) 582 -7652 FAX: (727) 582 -7610 ❑ MID - COUNTY CUSTOMER SERVICE CENTER — WALK -IN 13025 Starkey Rd., Largo (Tax Collector) TANGIBLE PERSONAL PROPERTY TPP TEL: (727) 464 -8484 TPP FAX: (727) 464 -8488 MAIL: PO Box 1957 — Clearwater, FL 33757 BASIAGA, HELENA EST BASIAGA, HELENA EST BOHNSACK, BRADLEY S C/O HORBOTOWICZ, WALTER C/O HORBOTOWICZ, WALTER 1438 SUNSET POINT RD 314 S MAYWOOD AVE 314 S MAYWOOD AVE CLEARWATER FL 33755 -1536 CLEARWATER FL 33765 -4220 CLEARWATER FL 33765 -4220 NISIROS INC DAUBER, META F J M A INVESTMENTS III LLC 1844 N HIGHLAND AVE 1430 THAMES LN PO BOX 8030 CLEARWATER FL 33755 -2138 CLEARWATER FL 33755 -2060 CLEARWATER FL 33758 -8030 SINGH, GURSAGAR PUCHOWSKI, KENNETH SCHUMACHER, JUDITH M 1453 SUNSET POINT RD 1451 WILSON RD PO BOX 334 CLEARWATER FL 33755 -1537 CLEARWATER FL 33755 -2068 CLEARWATER FL 33757 -0334 YONT, MICHAEL LOPEZ, YOLANDA SCHLAU PROPERTIES CO YONT, RAQUEL C 1444 SUNSET POINT RD 3820 TAMPA RD # 102 1449 SPRING LN CLEARWATER FL 33755 -1536 PALM HARBOR FL 34684 -3609 CLEARWATER FL 33755 -2046 NEAL, PATRICIA V AYNAT, CASIE LYNN FUEGEL, ADAM B 1460 SUNSET POINT RD 391 DUNCAN LOOP W APT 201 1441 THAMES LN CLEARWATER FL 33755 -1536 DUNEDIN FL 34698 -1317 CLEARWATER FL 33755 -2061 WHITTINGTON, RONALD A COLSON, BOOKER T FINKLE, LARRY 1444 SPRING LN COLSON, HONG -SUN 1034 ROUNDSTONE PL CLEARWATER FL 33755 -2045 1432 SUNSET POINT RD PALM HARBOR FL 34683 -1461 CLEARWATER FL 33755 -1536 CARON, DWAYNE A SHIELDS, SCOTT T SKEIE, JAMES 648 HEATHERWOOD CT 1959 ATLANTIS DR 1849 FLORA LN TARPON SPRINGS FL 34688 -7262 CLEARWATER FL 33763 -4506 CLEARWATER FL 33755 -2016 POLLACK, LOREN M THE ZABAWA, JOHN J GEBE, SHERI A SCHER, H SARA THE 1926 FLORA RD 1448 SPRING LN 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33755 -1518 CLEARWATER FL 33755 -2045 CLEARWATER FL 33761 -3490 RENZ, ERIK DEUTSCHE BANK NATL TRUST CO THE LOVEWELL, ERIC W RENZ, AMANDA S 1900 N HIGHLAND AVE LOVEWELL, SHANNON C 1434 THAMES LN CLEARWATER FL 33755 -1519 1914 FLORA RD CLEARWATER FL 33755 -2060 CLEARWATER FL 33755 -1516 THOMPSON, CHYENNE L HERLIHY, VINCENT J GREEN, JOSEPH D 1831 FLORA LN PO BOX 96 GREEN, SHELLY A CLEARWATER FL 33755 -2016 SOMERS NY 10589 -0096 1426 THAMES LN CLEARWATER FL 33755 -2060 HANNA, YOUSSEF M WELLS, SCOTT T FAMILY REV LIVING TRUST BUDKE, STANLEY ABDELSHAHEED, MARY A 1422 SPRING LN BUDKE, KATHLEEN 1452 SPRING LN CLEARWATER FL 33759 1521 ERIN LN CLEARWATER FL 33755 -2045 CLEARWATER FL 33755 -1513 FOSTER, PAUL M DIETZ, MILLARD THE CONTRERAS, MAIRA I FOSTER, NANCY J 1433 WILSON RD 1422 THAMES LN 1901 HIGHLAND AVE CLEARWATER FL 33755 -2068 CLEARWATER FL 33755 -2060 CLEARWATER FL 33755 -1546 ALLISON, LISA DRAKE, DAVID W BROUILLETTE, MICHAEL G ALLISON, CHARLES 1845 FLORA LN BROUILLETTE, TUESDAY L 1445 THAMES LN CLEARWATER FL -33755 -2016 1835 FLORA LN CLEARWATER FL 33755 -2061 CLEARWATER FL 33755 -2016 GIRARDO, MARIA M CARSON, KATHLEEN D 1455 SUNSET POINT LAND TRUST 1450 JOEL LN 1509 ERIN LN C/O BAKER, LI HSING THE CLEARWATER FL 33755 -2022 CLEARWATER FL 33755 -1513 1455 SUNSET POINT RD CLEARWATER FL 33755 -1537 SHADD, DAVID NICHOLAS CRAIG, BRIAN N UNITED PROPERTIES EUROPE LTD 1450 WILSON RD 1433 SPRING LN RENAISSANCE DUNTON RD CLEARWATER FL 33755 -2070 CLEARWATER FL 33755 -2046 BASILDON ESSEX SS154BX AMNAY, JOY K LIVING TRUST BURGHARDT, HARRIET TOPALLI, VALON 4670 GRAND PRESERVE PL 1440 WILSON RD XHOKLI, ARIJETA PALM HARBOR FL 34684 -1027 CLEARWATER FL 33755 -2070 1515 ERIN LN CLEARWATER FL 33755 -1513 HENDERSON, EDGAR C G & L 527 LLC MAXIM, MICHAEL HENDERSON, ODELIN A 1655 PINE PL MAXIM, SANDRA 1907 N HIGHLAND AVE CLEARWATER FL 33755 -1354 1425 SPRING LN CLEARWATER FL 33755 -1520 CLEARWATER FL 33755 -2046 ROMANOSKY, KYLE C PETRUCCI, DANTE J SUNSET POINT PRESCHOOL INC 1439 WILSON RD PETRUCCI, DORA 1419 SUNSET POINT RD CLEARWATER FL 33755 -2068 7 GLENVIEW RD CLEARWATER FL 33755 -1537 SOUTH ORANGE NJ 07079 -1003 HARGRAVE, IRENE RYDER, DENNIS D SCHURMAN, CAROLE S 1440 SPRING LN RYDER, MARY JANE 1442 THAMES LN CLEARWATER FL 33755 -2045 2275 CAPRI DR CLEARWATER FL 33755 -2060 CLEARWATER FL 33763 -2309 MEXICO GRANDE INC RATTRAY, CHRIS RIFO INVESTMENTS LLC C/O COUDOUX, JOHN BEAUDRY, ANNE 2980 TANGERINE TER 1835 ROYAL OAK PL E 29274 COUNTRYWOODS LN PALM HARBOR FL 34684 -4039 DUNEDIN FL 34698 -2430 PALM HARBOR FL 34683 DORAN, MARY PITTFIELD, CHERYL A WATERBURY, ROBERT J PO BOX 1903 FERLAND, JOHN R JR 1904 N HIGHLAND AVE NEW SMYRNA BEACH FL 32170 -1903 1436 SPRING LN CLEARWATER FL 33755 -1519 CLEARWATER FL 33755 -2045 SUTHERLAND, BARRY A MARTIN, HEIDI R BOSWELL, SEAN B SUTHERLAND, CHERYL M 1827 FLORA LN 111 N MYRTLE # 5008 1904 FLORA RD CLEARWATER FL 33755 -2016 CLEARWATER FL 33755 -4536 CLEARWATER FL 33755 BANK OF AMERICA S & S CLEARWATER LLC POLLACK, LOREN M THE ATTN CORP REAL ESTATE ASESSMENT 3333 NEW HYDE PARK RD SCHER, H SARA THE NC1- 001 -03 -81 NEW HYDE PARK NY 11042 -1204 C/O KASH N'KARRY #1785 101 N TRYON ST PO BOX 1000 CHARLOTTE NC 28255 -0001 PORTLAND ME 04104 -5005 DILLON, LOUIS G FREEMAN, KATHLEEN TURNAU, BRADLEY S BENTLEY- DILLON, MARIE N FREEMAN, COLIN J 1919 FLORA RD 725 POINTE CT APT A 412 N MISSOURI AVE CLEARWATER FL 33755 -1517 TALLAHASSEE FL 32308 -6175 CLEARWATER FL 33755 -4621 YONTECK, MARY LAND TRUST NO 1 MC GUIRK, FRANCIS J POLLACK, LOREN M THE C/O YONTECK, FRED THE MC GUIRK, M EILEEN SCHER, H SARA THE 2831 LANDOVER DR 1438 THAMES LN 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33761 -2822 CLEARWATER FL 33755 -2060 CLEARWATER FL 33761 -3490 RODRIGUEZ, JORGE L CHANCE, THOMAS E THE SAIFI, ALI M RODRIGUEZ, OLAGUER III CHANCE, IRENE L THE STUART, ARRON T 1301 DUNCAN LOOP N # 303 6145 SUN BLVD #210 1840 N HIGHLAND AVE DUNEDIN FL 34698 ST PETERSBURG FL 33715 CLEARWATER FL 33755 -2138 YEISLEY, KAREN KILMARTIN, SHEILA M ST CLAIR, DAWN P 1434 SPRING LN 1430 WILSON RD 1823 FLORA LN CLEARWATER FL 33755 -2045 CLEARWATER FL 33755 -2069 CLEARWATER FL 33755 -2016 PARKER, MARY H WARNOCK, SANDRA L FINKLE, LARRY 1480 SUNSET POINT RD 1508 ERIN LN 1034 ROUNDSTONE PL CLEARWATER FL 33755 -1538 CLEARWATER FL 33755 -1512 PALM HARBOR FL 34683 -1461 DALY, MICHAEL S PISCITELLI, KATHY ALEXANDER DOLAN, RICHARD 1428 SUNSET POINT RD PISCITELLI, LANCE 1915 FLORA RD CLEARWATER FL 33755 -1536 1909 FLORA RD CLEARWATER FL 33755 -1517 CLEARWATER FL 33755 -1517 BOSWELL, SEAN B CARTER, DEBRA T NORTH HIGHLAND AVENUE 111 N MYRTLE AVE # 5008 1900 FLORA RD 1732 HICKORY GATE DR S CLEARWATER FL 33755 -4536 CLEARWATER FL 33755 -1516 DUNEDIN FL 34698 -2412 DAVIS, JOHN A III JOHNSON, BRIAN P SWEET, JAMES D DAVIS, CATHERINE J PO BOX 7681 1463 WILSON RD 1445 SPRING LN WESLEY CHAPEL FL 33545 -0112 CLEARWATER FL 33755 -2068 CLEARWATER FL 33755 -2046 BERBERI, ELTON R MURRAY, PEGGY A COMMISTO, GLORIA M 1421 SPRING LN 1841 FLORA LN 1456 SUNSET POINT RD CLEARWATER FL 33755 -2046 CLEARWATER FL 33755 -2016 CLEARWATER FL 33755 -1536 HERLIHY, CORNELIUS V POLLACK, LOREN M THE DUNDAS, FRANCES J HERLIHY, ELIZABETH SCHER, H SARA THE 1460 WILSON RD 1450 THAMES LN 27001 US HIGHWAY 19 STE 2095 CLEARWATER FL 33755 -2070 CLEARWATER FL 33755 -2060 CLEARWATER FL 33761 -3490 WHITEHOUSE, MAURICE H HENDRICK, DAVID R MC CLINTOCK, KARL W 1851 FLORA LN 6726 S MERLEING LOOP MC CLINTOCK, JANE L CLEARWATER FL 33755 -2016 FLORAL CITY FL 34436 -2392 2104 LIONS CLUB RD # 2 CLEARWATER FL 33764 -6882 TUCKER, JOHN W DALY, DOLORES E BRIMACOMBE, DEBORAH L 1905 FLORA RD 1427 WILSON RD 1908 N HIGHLAND AVE CLEARWATER FL 33755 -1517 CLEARWATER FL 33755 -2068 CLEARWATER FL 33755 -1519 BORNFLETH, AARON R HARNER, JEFFREY R BELAIR, LOIS J 1433 THAMES LN HARNER, JODI F 1459 WILSON RD CLEARWATER FL 33755 -2061 1824 FLORA LN CLEARWATER FL 33755 -2068 CLEARWATER FL 33755 i 90:45 Case number: Owner(s): Applicant: Representative: Location Atlas Page: Zoning District: Request: Proposed Use: Neighborhood Association(s): Presenter: LUZ2010 -06001 — 1475 SUNSET POINT RD Bank Of America Nc1- 001 -03 -81 101 N Tryon St Charlotte, NC 28255 -0001 PHONE: No phone, Fax: No fax, Email: No email PHONE: No phone, Fax: No fax, Email: No email 9 Todd Pressman Po Box 6015 Palm Harbor, FL 34684 M PHONE: 7278041704, Fax: 8889771179, Email: No email 1.23 acres, located on the south side of Sunset Point Road approximately 150 feet west of North Highland Avenue. 261 A Proposed land use plan amendment of a 1.525 acre parcel, at the request of the property owner; a. Future Land Use Map amendment from Residential /Office General (R /OG) Category and Residential Urban (RU) Category to Commercial General (CG) Catego y; and b. Zoning Atlas amendment from Office (0) and Low Medium Density Residential (LMDR), to Commercial (C) District. Clearwater Neighborhood Coalition Cate Lee, Planner II 7,11/2G.'0 . t.. 16 "EQuu Em.erotN1EN'1' XND AFf1RNfarRt Ac.:I'roN biP[.oYF,R° F,, la6/! C, use I nptA� -FOrrl 5.7 661 level The DRC reviewed this application with the following comments: Stormwater Review General Conditions: The stormwater criteria of City of Clearwater and other agencies having jurisdiction over the project, such as SWFWMD or DEP shall be met at the time of development and /or redevelopment. Fire Review No Comment Environmental Review No comments. Planning Review Since no use is currently being proposed, be advised that Policy A.2.2.3 in the Comprehensive Plan states that commercial uses should be sited in such a way as to minimize the intrusion of off -site impacts into residential neighborhoods. This parcel abuts residential neighborhoods to the north and the south. Be advised that this is an issue in staff recommending approval. Planning Review The property does not meet the first part of the Locational Characteristics of The Countywide Plan Rules, for Commercial General, Section 2.3.3.5.4. The property is not located in or adjacent to an activity center. Be advised that this is an issue in staff recommendino approval. Planning Review Community Development Code Section 4- 6035.3 requires that the available uses are compatible with existing and planned uses in the area, while the uses to the east and west are compatible with the request, the single - family residential uses to the north and south are not. A less intensive use, such as multi - family or office, would be more appropriate located contiguous to single - family homes. Be advised that compatibility is an issue in staff recommending approval. Planning Review The request must be consistent with the Community Development Code (Section 4- 602.F.1). A survey of the property indicates that structures currently encroach into the required setback on the north, south, and west portions of the property. Since the property has been vacant more than six months (Bank of America closed in May 2007), any use of the property will require conformance with the current Code. Be advised that any development of the property that does not meet minimum standard requirements will be subject to the use criteria in the Flexible Standard Development process or Flexible Development process. These criteria may prohibit certain uses contiguous to residentially zoned properties. Planning Review Policy A.5.5.1 of the City's Comprehensive Plan states that development should be designed to maintain and support the existing or envisioned character of the neighborhood. Sunset Point Road west of Highland Avenue is primarily residential in nature, with some office and neighborhood retail uses. Be advised that this is an issue in staff recommending approval. VI /2``'r ti, -17 . DRC_ , 'onAOe -is _ "EQLi,. EMPLOY • BT AND AFFIRMx n,t Aaron ENIPLOYER° t' Engineering Review 7P i2G 1 : <i- General Note: All resubmittals shall be accompanied with a response letter addressing how each department condition has been met. General Note: If the proposed project necessitates infrastructure modifications to satisfy site - specific water capacity and pressure requirements and /or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. R1, Gk lame Ddb �r`2eS "tQu. ;u Em.pioAMENr AIND AFFi%xA A A(-1-JON EMPLOYER" DRG ,ArtionAgenda - _-� ` P- 7 ------- ------- — .............. .......... - H 14] This sui ELTITLE DESCRIPTION That From certain parcel of land lying and being in the County of Pinellas and State of Florida, more particularly described as follows: th, W, the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 2, Township 29 South, Range 15 East, run S. 0007'42" E., along the East line of the said Northwest 1/4 of the Southwest 1/4 50.00 feet; thence run N. 89029'42" W., parallel to the East-West center line of said Section 2, 50.00 feet; thence run S. 0007'42" E., along the Westerly right-of-way line of Highland Avenue 175 feet ' for a Point of Beginning; thence continue S. 0007'42" E., along said right-of-way line 75 feet; thence run N. 89029'42" W., 170.02 feet; thence run N. 0007'42" W., along the East line of Lot 8 of Brentwood Estates (See Plat Book 59, Page 28, Public Records of Pinellas County, Florida), 15.77 feet to the Northeast corner of said Lot 8; thence run N. 57019'07" W., 124.72 feet to the Northeast corner of Lot 10 of said Brentwood Estates; thence run N. 89026'15" W., along the North line of Lots 10 thru 12 of Brentwood Estates, 175.15 feet; thence run N. 0007'42" W., 167.63 feet; thence run S. 89*2942" E., along the South right-of-way fine of Sunset Point Road (said line being 50 feet South of and parallel to the East-West center line of said Section 2) 300 feet; thence run S. 0007'47'E., 175 feet; thence S. 8902942" E., 150 feet to P.O.B., being a portion of the NW 1/4 of the SW 114 of Section 2-29-15 and being in part a portion of Lot 9, of Brentwood Estates. 5. THIS SURVEY IS PREPARED WITH REFERENCE TO A TITLE REPORT PREPARED BY CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NO. 200901397, WITH AN EFFECTIVE DATE OF 03/05/09. WHERE THE FOLLOWING SURVEY RELATED EXCEPTIONS APPEAR IN SCHEDULE B, SECTION 11. mm--m.—Wo E3 DULEV ITEMS E NOTES CORRESPONDING TO SCHEDULE [3&% ........ . .. . ... ............ . . . . . ........... 6 10-foot drainage and utility easement along the Northerly and Easterly boundaries of Lot 9, Brentwood E'States, as shown on the plat.thereof recorded in Plat Book 59, Pa e 28,of the public records of Pinellas 9 County, Florida. APPLIES AND AFFECTS SUBJECT PROPERTYAS SHOWN 7. Easements in favor of Florida Power Corporation granted In Instrument recorded in Official Records Book 1654, Page 331, of the public records of Pinellas County, Florida. APPLIES AND AFFECTS SUBJECT PROPERTY AS SHOWN 8. Easements in favor of the City of Clearwater granted In instrument recorded in Official Records Book 1807, Page 236, of the public records of Pinellas County, Florida. APPLIES AND AFFECTS SUBJECT PROPERTY AS SHOWN SURVEYOR CERTIFICATION To: This is to certify that this map or plat and the survey on which it is based were made in accordance with the "Minimum Standard Detail Requirements for ALTAIACSM Land Title Surveys;,* jointly established and adopted by ALTA-and NSPS in 2005, and includes Items 1, (except in states that require record monument platting), 2, 3, 4, 6, 7(a), 7(b)(1), 7(c), 8, 9, 10, 11(a) (location of utilities per visible, above-ground, on-site observation), 13, 14, 19(a) (to the extent possible, graphically depict on survey drawing the zoning setback lines), 19(b) (observable evidence of earth moving work, building construction or building additions within recent months), and 19(d) (observable evidence of site use as a solid waste dump, sump or sanitary landfill) of Table A thereof. Pursuant to the Accuracy Standards as adopted by ALTA and NSPS and in effect on the date of this certification, undersigned further certifies that in my professional opinion, as a land surveyor registered in the State of Florf elative Positional Accuracy of this survey does not exceed that which Is specified therein. Date:05-19-10 1Flc 0.5099 l Registration No. 5099 ts}e STATE F 0, 0 1 SURD y 4 No NO ALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL. 070=6 Kel Billy R. Davis 1700 South Broadway, Bldg E Moore, Oklahoma 73160 al By graphic plotting only, this property Is located in Zone "X" of the Flood Insurance Rate Map, Community Panel No. 126096 0107 H, which bears an effective date of 05-07-05, No field surveying was performed to determine this Zone and an elevation certificate may be needed to verify this determination or apply for a variance from the Federal Emergency Management Agency. Zone ")C denotes areas outside of the 100 year flood. Services. 1. No observable evidence of earth moving work, POSSIBLE ENCROAC�HMENTS Fbuilding construction building additions within t recent months. CD 11611 VICINITY MAP 2. No observable evidence of changes in su=L right of way lines completed, and available from the controlling jurisdiction and no observable U FL DDITION TO MAIN BUILDING ENCROACHES INTO SETBACK BY UP TO 0.8' evidence of recent street or sidewalk construction or repairs. 3. No observable evidence of site use as a solid DJACENT PARKING ENCROACHES UP TO 1.4' ONTO SUBJECT PROPERTY waste dump, sump or sanitary landfill. 4. Property has physical access to Highland Ave. 5 - ------------------------------- 5. All statements within the certiflic-ation, and other Er references located elsewhere hereon, related to: utilities, improvements, structures, buildings, party walls, parking, easements, servitudes, and encroachments; are based solely on above ZONING INFORMATION ground, Visible evidence, unless.ah6ther source of information is speciflically referenced hereon. !LT DON re ba ed on d 1929 ndF n L sou s 6. Elevations shown hereon are based on tio 0 cou t m I hl and INFORMATION: 'bench'mark'Hi hiand F" npd county 9 0 e t brass disk in concrete at the south west raw ZONED"O" - OFFICE DISTRICT co f t I hi an a sunset s po r v corner of highland and sunset point dr. elevation t 3 re 0 SETBACKS: reported to be 34.36 rt 251 REAR-29 PARKING: Key to:: CD LTA _curve Y- 3 SPACES FOR EVERY 1,000 60. FT. OF OFFICE SPACE - LTA/ACSM Land Title Survey REQUIRED 30 TITLE DESCRIPTION This Work Coordinated By:- - PARKIN G INFORMATI ON 0 /"0, 2 TITLE INFORMATION 5/1 0 M 0 31 STANDARD SPACES 11 r FA 7qr.Mr_n1 11 P IR, ITIFUR .R OHU OVERHEAD 10,248 SQ. FT. 16 VICINITY MAP UTILITY W.V. WATER VALVE 1Z INFORMATION G.V. GAS VALVE A.P. STREET LIGHT 1311 LAND AREA ACCESS PANEL CLIENT INFORMATION BOX STOP SIGN B.F.P. BACK FLOW 15 BUILDING HEIGHT BUILDING AREA PREVENTOR FLAG POLE 11511 BUILDING HEIGHT HANDICAP SIGN 22.0 0 SANITARY MANHOLE 16 VICINITY MAP C.O. CLEAN OUT VALVE mm BULLARD 17 ARROW/ SCALE C.V. CONTROL VALVE (a) DRAINAGE MANHOLE CLIENT INFORMATION BOX F.O. FIBER OPTIC UNDERGROUND WATER LINE S h t of 19 SURVEY DRAWING 111 UNDER GROUNDWATER Sheet 1 of Copyright @ Co�merc(al Dua Dligence Services. This tormot and style is protected by Copyright, oil rights are reserved. Any use of this format and style is strictly prohibited 6— Project Address: 1475 Sunset Point Road Project Location: Clearwater, Florida Project Name: Job Number: 09-03-0239 2: of Diligence Services. This format and style is protected by Copyright, all rights are reser reserved. Any use of this format and style Is strictly prohibited without prior written pe4 CID 3ordInated, but not performed, by Commercial Due Diligence Services. Sum CD m > r + W z 0 M + o 0 0 METAL LID 10 Q DRAIN PIPE Co M UJ co + G) 431 PIN: 02/29/15/00000-320-0100 + JMA INVESTMENTS III LLC a) + 0 0 -4 Cr ®® 0 + 0 + V, + GAS STATION PARKING AREA CD 0 ra A:� 1� + 1b (Z) CD _,Ir_ _��K* I" I MONITORINGQ - qP + P.O. B. mml I A An* 4), (D 0 Cr ET FND 112" IRI ROD & CAP PLS 4466 r rA 73 Z z C:) C:) 0 to 0 0 0 ®° 4-4 FL C C) 0 U) r') ai _3 a U) iL 0 -4-4 616) obtained CA NE CORNER OF NW 114 OF SW 1/4 SECTION 2, TOWNSHIP 29 SOUTH, + RANGE 15 EAST : . 20' SETBACK LINE d, coo � OA ONESTORY FND 4")W !&ASQNRX CONC. C11 – — -- — — — — — — — — — _AD — — — — — -- . . ........... ATTACHMENT �v --- . . . ............ . . . ... . ....... + + �,bv .. . ............ . . . ............. . RAI 4?1 DUMPS NO NUMBER A - E,4 — — — ® — — — — — --- — . ............ PER CITY OHU — OHU AS-BUILT CHU 'V rtU FND "ROUND A5_ N8902448"W 174.91'(M) COrQC. MONUMENT PIN: 02/29/15/109261000/0120 N UMBER WHITTINGTON, RONALD A PIN: 02/29/15/10926/000/0116 I l S'' ° ®s;9Cj,,�� OyG;~ GEBE, SHERI A PIN: 02/29/15/110926/000/0100 HANNA, YOUSSEF M/ ABDELSHAHEED, MARY A PIN: 02/29/15/10926/000/0090 RIFO INVESTMENTS LLC Wa AV% AV% t Sh= of Diligence Services. This format and style is protected by Copyright, all rights are reser reserved. Any use of this format and style Is strictly prohibited without prior written pe4 CID 3ordInated, but not performed, by Commercial Due Diligence Services. Sum Is ON 4 Cbj, b Ah ............... - ------- IN py M + CP 4 P CONC. SMf + CHU OHU ca— CHU + ELEC. CABINET — — — — — — — S89031'25"E 150.23'(M) �,VaEC. N89'2942•W 50.00'(D) �R I — — — — — — — — — — — — — — — - METER FND 4W + I FND 5718" IRON BRASS DISK CONC. 'o I ROD & CAP IN C� CRETE MONUMENT cgb 0 CR I PLS 2865 NO NUMBEV + 1b 4P SITE. T M #2 + y COUNTY BM ELEV 34.36 (HIGHLAND F) 0 METAL LID TO DRAIN PIPE I <0 A +)b, + c) 0 I Cn 0 0 a 0 CD of 0 CD + + CID G) m M CD m > r + W z 0 M + o 0 METAL LID 10 DRAIN PIPE Co M UJ co + 431 PIN: 02/29/15/00000-320-0100 + JMA INVESTMENTS III LLC + 0 -4 ®® + + V, + GAS STATION PARKING AREA UNDER CONSTRUCTION + A:� 1� + 1b _,Ir_ _��K* I" I MONITORINGQ - qP + P.O. B. mml I A An* 4), Is ''I M VICINITY MAP 1AI, (:HO + > G) CD > r o 0 < M CD 14 ur IN FEET 1 inch 20 ft ALTA/ACSM Land Title Survey 1 ----------- This Work Coordinated By: g" W Q, tom RGIAL Mqa, DILIQ. -,,1.ffCE SRJ�VICE` 1700 South Broadway, Bldg E Moore, Oklahoma 73160 office: 405.378.5800 - Fax: 405.703.1851 Toll Free: 888.457.7878 Drwn B Date: 05/18/2010 Y: CJD Revision: urveyor Ref.No: (bate: on: Aprvd By: Revisi BRID rDate: Field Date: 03-20-2009 Date: Revision: Prepared For: lient Ref. No: Project Address: 1475 Sunset Point Road Project Location: Clearwater, Florida Project Name: Job Number: 09-03-0239 WIl w limit