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FLD2013-03008 . � Y COMMUNITY DEVELOPMENT BOARD k 1+��t�� _ � �. PLANNING AND DEVELOPMENT DEPARTMENT �' ~�--•^�-�-r'�~��"� STAF F RE PORT MEETING DATE: May 21, 2013 AGENDA ITEM: D.l. CASE: FLD2013-03008 REQUEST: Flexible Development application to permit a mixed use including 52 attached dwelling units (including three dwelling units from the Public Amenities Incentive Pool) with a height of 138 feet as measured from grade to the top of the roof deck with an additional five feet to top of parapet wall/architectural embellishment, 52 parking spaces (including two handicap spaces) (one parking space per dwelling unit), 6,500 square feet of restaurant space with zero parking spaces in the Downtown (D) District as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code(CDC)Section 2-903.D; and to permit more than 10 parking spaces in a row, reduce the interior landscape area and tree requirement as a percentage of the vehicular use area requirement as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. GENERAL DATA: Agent............................. Mark Rieker; Rieker&Associates, IncJMichael Palmer; Synergy Civil Engineering Applicant/Owner............... Moises Agami; 400 Cleveland, LLC. Location............................ 400 Cleveland Street; northeast corner of Cleveland Street and North Osceola Avenue Property Size..................... 0.746 acres Future Land Use Plan....... Central Business District(CBD) Zoning........................... Downtown(D)District Special Area Plan............. Clearwater powntown Redevelopment Plan, Downtown Core Adjacent Zoning..... No►�th: Downtown(D)District South: Downtown(D)District East: Downtown(D)District West: Downtown(D)District Existing Land Use............ Office(vacant) Proposed Land Use.......... Mixed Use; Attached Dwellings(52 units); Restaurant(6,500 square feet) .� _ �•, ,�' � ._ .i� _-� � �'�M� 1� ' _ � �f��s�,! `. ,� � R t �` .� � ", � ,� II #` * � � � R''� L� �� T �� .. i • ,�►°� / � " � � � �► * _ �a � ii.l ; /.� � . � .._ 1 v 1 � � ' � t"'�� . ... �... ��.. �? . ,� � ��► ,��i.,r � �_ _ , - � . � � �� `! � .,� �� ,. � �, ..:� � �- .� _ 1 _.� a�4 ' � �� % � " • � - ,:��.'�� ' .r , ,� .�. �r �� r...�> $, � ; * � ;� � � _ � ! � � ,,,. '� �` r � . , • t ,,r�,}�; i , +,. � , . ' ♦ � , �� y ' y y' �tl � .,�_; , � � �. � . � � � � � ' ,� �.....-�-�.. i � a1 1 .. � , x . � �. � � � r _t� --�. � � _ �� .�� ; -} �,� �,. � �� i , �A ��+ ` ' . , r , �r , 4�� *�' � �� :� , ' �� s,,a 1+,,� r� „t w� � �z�..�-.�m-r��. ¢ �� A� �i � �� ' .,r� . .� : a. .,>�.. _ . , � r * + �+ PLANNING&DEVELOPMENT = C e�l.��Le.l Level II Flexible Development Application Review �aveLOrMENT aEV�w DrvisioN ;"�'��:''_�'�= „ j� ANALYSIS: � � ' ' GEORGIA a /� Site Location and Existing Conditions: � HART 5� � � � ; The 0.746-acre site is located at the northeast _-,--_ I� �o—� `-� �> corner of Cleveland Street and North Osceola � �, � � I� �w� � ]REW ST Avenue. The subj ect site consists of one parcel P s�E�r!;�— � `- a �C a with approximately 100 feet of frontage along �;p, W � �E�oR��KS ' _ , �_— Cleveland Street, 260 feet of frontage along � �;�; � ��" `�3� ` — '�,°�^ North Osceola Avenue and 150 feet of frontage \�(' aevev.�o � 5T — �--' along Laura Street. The property is within the D '�� C �� 9�\\ U 2 PARK -_� �!.`. �o�� - I district, CBD FLUP classification and the � _ � —qER� �. C� Downtown Core Character District (District) of f,� '—�C �� P�E� the Clearwater powntown Redevelo ment Plan FRANKLIN � 5T �`,>�_�— �.. ��RT 5i < p C � � � (Plan). ��s, �, =_SR�o CWRT , �Fr, � �<:F.I_ —'�� I� The site was ori inall develo ed in 1960 as a I LOCATION MAP g Y P four-story bank building and later expanded to the current nine stories in 1971. The building, � � _ 98,849 square feet in gross floor area (GFA), has ; i '� ' 'HEN°R,�KSST been vacant since 2011 when the last tenant �"` o ', `� ',� a � � � °- ° �; _ • •� vacated the site. The last major tenant, o �a��s�'' � '; � a¢ , 2 }��i'. "Fi C ,z Q AmSouth, vacated the building in 2008. The , _ � � ',„ � � �, property owner has been singularly unsuccessful : r.:, � ��{ ' ' ' � _ ; '� '°� %I with regard to attracting new tenants. � I � ;o� ;�e��n��' : �; ::.. .-. � �..:• D CLEVELAND ST' a 'igl P R.'.,j.:I PPPI.F �' F�.. .. !Y 2 e " A drive-through component with office space ,�R ; ; : ' above is located on the north side of the building ; ;' '�� ' .,W „ � � ,n "4 ' Q � �.� a ��x� w i t h a c ce s s d i r e c t l y f r om North Osceola Avenue. n�i � O �PARKST „Z G y � The building is located primarily on the south � � : � ° y 2 ' ` � i,:. portion of the site directly along the Cleveland °' , � ~ ; ..�k Street and North Osceola Avenue rights-of-way. " The building is also located directly along the ZONING MAP east property adjoining the two-story building r_� ; �� ;° to the east. -�ov i�uanF.i�T�,%„ ,,;`q a ',��, • ; ° . � s ¢ �¢ .:, HENOPoCKS ST ' - Access to the site is provided via a pair of � � � a � ;��, _I,�., N� :� „o ,';;,o " , � � one-way driveways WI11CI7 SeT'V1Ce the INDOOR EC/ENT LAO�'Sr � �"?;!L z -- --�------ , F,"a , i,"o � � � ',z: aforementioned drive-through and an egress- � � � ' o�==�Z� ' J � •r�e �3 .e� �__ LY31� �Ie'', , only driveway at the northwest corner of the -- ----� ,j, �_;_ � '° � y�' � '�-'-T—,, ,: 1 E site exiting onto North Osceola Avenue. No fi ��-�'• � �__ �' '�s a , � °��a ��'. � 'Y��• � other vehicular access points exist. There are - �� CLEVEUINDST approximately 26 parking spaces on the north Mix��iN s �� /ENT-$� M � � a � _'� � Y side of the site. ___ - � .I____ E��tu ,�y A 3 � ' � ro;W � ' Q --�� a � a --=� rz---Z f5 �� I y , " tl GARKST Surrounding properties contain a wide variety � p-� ° � ,---� � °�-�--� � GOVE'RNMf'NTQ�� _C�_'_ _� ` `--- ,o, of uses includin attached dwellin s, indoor ------------- � �^�_ � ° "-''� --;- `-'�` z �� g g �� gN� �--o � recreation and entertainment, office, retail EXISTING SURROUNDING USES MAP Community Development Board May 21,2013 FLD2013-03008-Page 1 of 36 � ClearaTLtL�A Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT �f��,��^; p pp DEVELOPMENTREVIEWDIVISION o��.�_.:- sales and service and restaurant. All surrounding properties are located within the D district and the Plan's Downtown Core Character District. Site History: In 2005, the site was the subject of a Level II Flexible Development application (FLD2005- 08084) which requested approval to permit a mixed-use development in the Downtown (D) District with 245 attached dwelling units (which includes an increase in density of 36 dwelling units from the Clearwater powntown Redevelopment Plan Public Amenities Incentive Pool) and 186,300 square feet of non-residential floor area (restaurant, retail/movie theater, and existing office), an increase in the permitted height from 30 feet to 380 feet (to roof deck) with an additional 27 feet for architectural embellishments as a Comprehensive Infill Redevelopment Project, under the provisions of (then) CDC Section 2-903.C. The Community Development Board (CDB) approved this case on November 15, 2005. While on October 25, 2006, a request for a one-year time extension to initiate a building permit to construct the improvements on this parcel was approved by the Community Development Coordinator, building permits were not obtained within the required timeframe and the application expired. Development Proposal: The current proposal is, in essence, a scaled-down version of the 2005 FLD application and includes 52 attached dwellings (three of which come from the Public Amenities Incentive Pool) and 6,500 square feet of commercial space to be occupied by retail sales and service andJor restaurant uses. The exact mix of non-residential uses has yet to be determined. The proposal includes removing the drive-through component with approximately 2,500 square feet of floor ' �; � , area. This will enable the provision of a drop-off '' � ��;� `'� ; :` area at the entrance to the residential component � ' 4~ fi'�'�"� x ,:��:�, , � ' � of the building along North Osceola Avenue. - � �; 3 f �r�, a� ~ . y � The building exterior will become a ; �_�, ��'� � � � contemporary take on the Art Moderne style of i��" i ' architecture. Art Moderne, a recognized �� _; ._. .. �- 3 �- architectural style found within the Downtown ,..�_ ��a ; ��= -- - ��- ; Planning area and the District, can be defined as . -- ',�'�i an architectural style found principally in houses �.__�; ,,�-.;,_�_.��„�_ �_� constructed in the 1930s, following the earlier Art � � .,o. Deco style. Common characteristics may � ! include: minimalist design features, smooth '�^ `� stuccoed wall surfaces, flat roofs, architectural ; details that emphasize the horizontal appearance -`��11:� � �� 7 ,�•� �,,,�. . of the building, flat roofs with coping, rounded ��1� - ,�, exterior corners unched windows without trim �` �' 4=�. ''��i ° ' � p , �;, ' , � � ribbon windows that may continue around a _ corner, a significant use of glass or glass blocks, ` an asymmetrical farade subdued colors, a use of "�°` geometric forms and dark bronze aluminum � ��4�. � { � �.w '��F�r� s window, storefront and doar frames. Even �.�� „'�� ,�-� W . �} �;'w.. Community Development Board May 21,2013 FLD2013-03008—Page 2 of 36 � � Cleara7�L41 Level II Flexible Develo ment A lication Review PLn�rmc&nEVaLOrMExr \��," p pp DEVELOPMENT REVIEW DIVISION :_r_�.�.�i�:-- though there are some similarities between the two styles (Art Deco and Art Moderne), one � diffident difference is that Art Moderne uses horizontal orientation where Art Deco uses _� � ,�.� vertical orientation. Two things these two � ��..__� architectural styles do share are stripped down � oa�a forms and geometric-based ornament. The .: .,_ exterior of the building will have the existing �"'� °""�'� "skin" removed and replaced with new stucco- work, windows and balconies. The first floor, pedestrian in scale, will be stylistically - � incorporated into the overall Art Moderne motif � of the building and remade into a series of . storefronts (the exact mix and/or numbers of i tenants has yet to be determined). The - �� ,... ::.... _. storefront(s) will extend along Cleveland Street ._..- , . - __ ' wrapping around to the north to include � � �t »` ��;��n,�_��_, ....�,i, �n approximately 30 feet along North Osceola -- y � '�� ;' Avenue. The building height will increase from -- ---r---- � � 125 feet to 138 feet with an additional five feet to ��`��Ip �r�, the top of a parapet wall. The lobby for the '; _ ' �� '4� � residential component will be located at the �� ` � �' - . ; northwest corner of the building. The non- - _=__ " �-- residential component will be located entirely on the ground floor along Cleveland Street and, as mentioned, a portion of North Osceola Avenue. As designed, the proposed building will aesthetically support the existing character of the neighborhood with clean building lines and an extensive use of windows and balconies on all facades. The building will maintain the current stepback at the fifth (south, west and east elevations) and sixth floor(northeast corner) along Cleveland Street. The site will be redeveloped with regard to parking and vehicular access while the building shell will remain mostly intact. A drop-off area for the residential component will be provided along North Osceola Avenue and will be serviced with a short one-way driveway with the entrance located approximately 75 feet north of the south property line. The exit will be located approximately 30 feet north of that. The drop-off lane will provide the opportunity to exit the site back onto North Osceola Avenue or continue north into the parking lot proposed on the north side of the site. A third driveway is proposed near the northwest corner of the site, also along North Osceola Avenue. This driveway is not supported by Staff and a condition of approval includes the elimination of this driveway. In addition, access will be provided from a parking lot located adjacent to the east via two, two-way aisles with access control via electronic gates. This parking lot is located on a separate property(henceforth this parcel will be referred to as Parcel B with the subject site referred to as the site, the subject site or Parcel A). Parcel B is and will be accessed via a two-way driveway along Laura Street. This driveway exists partially on the subject site. Parcel B will remain a parking lot and will be resealed and restriped to accommodate the access aisles with Parcel A. A dumpster which will serve the site will be Community Development Board May 21,2013 FLD2013-03008—Page 3 of 36 � C��.Rl 1'1'RL�1 Level II Flexible DevelopmentApplication Review PLANNING&DEVELOPMENT DEVELOPMENT REVIEW DIVISION - . .;�y;:_ .�.; .. . located on the north side of Parcel B. The dumpster will be screened with a masonry wall that will match the building on the subject site with regard to fit and finish. An easement agreement between the two properties which addresses cross-access, the dumpster and parking is included as an exhibit with this application. While this agreement will permit parking on Parcel B in association with the non-residential space these parking spaces are not included with any aspect of the application with regard to required parking because it is a separate property and the parking spaces are also used by other properties in the area and will not be dedicated to the subject parcel. In short, the only consideration which should be given to Parcel B pertains to the location of the dumpster for the subject site, cross-access and that fact that patrons of the proposed commercial component of the development will have the opportunity to use the parking lot although these spaces are not specifically dedicated to the subject site. A third parcel (Parcel C), located along Cleveland Street to the east of the subject parcel will also be the subject of an easement agreement with regard to five parking spaces which are partially located on the subject parcel (Parcel A) and Parcel C. These five spaces will be for the permanent, exclusive use of residents of Parcel A. It should be noted that the provision of these spaces in no way reduces or otherwise affects the required parking for any other use. Parcel A will include 52 parking spaces (one space per dwelling unit) including three handicap spaces. As mentioned, these include the five spaces located at the southeast corner of the parking area which partially extend onto Parcel C. These spaces are intended to be serviced by a private 24-hour/seven-day valet who will retrieve vehicles for residents. All of these spaces are specifically dedicated and reserved for use by residents of the residential component of the project. There will be no off-street parking spaces provided for or otherwise dedicated to the non-residential component of the project. Amenities for the residential component will include two roof-top jacuzzies, a gym and lounge. Residents will also be provided with on-site storage units and a ground-floor common/event area. Perimeter landscape buffers are not required within the Downtown district per CDC Section 3- 1202.D however, landscaping is proposed along the west and north property lines along North Osceola Avenue and Laura Street, respectively. These property lines will include a metal picket fence with masonry columns 30 inches in height along with landscape material including date palms, silver buttonwood, hibiscus, flax lily, bird of paradise, liriope and jasmine. The proposed landscape plan meets the requirements of the Plan's Design Guidelines and is discussed in detail further in this document. While perimeter landscape buffers are not required within the Downtown district interior landscape requirements per CDC Section 3-1202.E must be met. The proposal includes 322 square feet of interior landscaped area which constitutes 1.8 percent of the vehicular use area where 10 percent (1,824 square feet) is required. This CDC Section also provides that interior islands provide a minimum dimension of eight feet from back of curb to back of curb where the proposal includes islands with dimensions of three feet. In addition, CDC Section 3-1202.E also limits the number of consecutive parking spaces which may be in a row to 10 although Staff may increase that number to 15 spaces in a row. The proposal includes 14 spaces in a row. The applicant has mitigated the abovementioned area and dimensional deficiencies through the provision of perimeter landscape and fencing material and has appropriately buffering the parking lot from adjacent rights-of-way. Community Development Board May 21,2013 FLD2013-03008—Page 4 of 36 � : C�\.Rl ►1'�6�1 Level II Flexible Develo mentA lication Review PLANNING&DEVELOPMENT p pP DEVELOPMENTREVIEWD[VISION � �.�� .� ag,��<P� As alluded to, above, the application includes a private agreement for the placement of a dumpster and cross access between the subject site and Parcel B. In all, there will be two separate agreements between the subject site (Parcel A) and Parcels B and C. A Reciprocal Access and Easement Agreement will provide the opportunity for vehicles to enter Parcel A from Parcel B and will as provide access to the dumpster which will serve Parcel A. It will also permit the permanent use of five parking spaces which encroach onto Parcel C and the use of the dumpster proposed to be located on the north side of Parcel B all of which will be for the use of residents of Parcel A. A Grant of Utilities Easement provides a non-exclusive utility easement of the area which was the former site of an alley(since vacated). Special Area Plan: Clearwater powntown Redevelopment Plan; Downtown Core Character District The subject property is located within the Clearwater powntown Redevelopment Plan area the intent of which is to provide a flexible framework for the redevelopment of Downtown into a place that attracts people to live, work, shop and play. The Plan is divided into six character districts. The site is located within the Downtown Core character district. The Plan states that a key component to diversify the Downtown Core is to attract residential uses with a variety of housing types and prices with retail, restaurant and services to follow. The Plan further states that this District shall have the highest density for residential uses and the highest intensity for retail, commercial and office uses. A thorough review of the Plan was conducted and a myriad of Visions, Goals, Objectives and Policies were identified as applicable to, supported by or in support of the proposal and are discussed and explored in detail below. Plan Visions: The intent of the Plan is to provide a flexible framework for the redevelopment of Downtown into a place that attracts people to live, work, shop and play. The principles that guided the development of the Downtown Plan have been articulated into a series of visions many of which are applicable to the proposal as follows: Vision: Downtown Clearwater is a major center of activity, business and governments. The development proposal includes the provision of 52 dwelling units and 6,500 square feet of new retail and restaurant floor area in the Downtown. The proposal will contribute to the vibrancy and activity of the Downtown area where a vacant building currently exists. Therefore, the proposal supports this Vision statement. Vision: The revitalization of Downtown Clearwater is critical to the Ciry's overall success. The City will use all tools and incentives available in the CRA to revitalize the Downtown. The proposal will include the adaptive reuse of an existing vacant office building as a mixed-use development including 52 dwelling units and over 6,000 square feet of commercial space. The proposal includes using three dwelling units from the Public Amenities Incentive Pool, a development tool available only within the Downtown. Therefore, the proposal supports this Vision statement. Community Development Board May 21,2013 FLD2013-03008—Page 5 of 36 � ' Cl�.ul r1'i�tl.l Level II Flexible Develo mentA lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIP.W DIVISION v :� . ��^ ��: : Vision: Cleveland Street is downtown's "main street" and is valued both for its historic character/setting and as the major retail street. The historic character of Cleveland Street will not be negatively impacted by the development proposal in that the project reuses an existing building which has been in place for over 40 years. The architectural modifications to the building are respectful to and visually supportive of the character of the area and the historic building, height and scale patterns along Cleveland Street. Further, the development proposal will locate 52 dwelling units downtown with 6,500 square feet of commercial space directly along Cleveland Street the provision of which will result in increased pedestrian activity downtown and the strengthening of the retail environment. Therefore, the proposal supports this Vision statement. Vision: Downtown will be an integrated community with a mix of retail, residential, office and recreational opportunities. The development of a variety of residential projects to attract new residents to Downtown is critical to the success of a revitalized Downtown. The development proposal provides the mix of uses envisioned with the above statement. Specifically, the project provides 52 dwelling units and 6,500 square feet of restaurant andlor retail floor area. Therefore, the proposal supports this Vision statement. Vision: Fort Harrison and Osceola Avenues should be redeveloped as pedestrian oriented streets and in conjunction with Cleveland Street form the major retail core of Downtown. The subject property will provide 100 feet of commercial frontage along Cleveland Street and 70 feet along North Osceola Avenue. The building facades have been designed at a pedestrian scale with large storefronts accented by a louvered aluminum band. As such, the development proposal will provide pedestrian oriented streets and enhance the retail core of Downtown. Therefore, the proposal supports this Vision statement. Vision: Quality urban design is critical to new construction and renovated buildings. The development proposal incorporates a contemporary take on the Art Moderne-style of architecture, a recognized architectural style found within the Downtown Planning area and the District. The south and west fa�ades of the development consist of storefronts designed at a human scale with those levels immediately above designed in a complementary fashion. The design includes a distinct "base", "middle" and "cap" in keeping with the Downtown Design Guidelines (Guidelines). Further, the existing building stepback at the fifth (south, west and east elevations) and sixth floor (northeast corner) along North Osceola Avenue and Cleveland Street is maintained. Therefore, the proposal supports this Vision statement. Vision:An adequate parking supply must be available coterminous with new uses. The development proposal requires between 52 and 78 parking spaces for the residential component (one to 1.5 spaces per dwelling unit) and between 33 to 65 spaces parking spaces for the proposed restaurant component (five to 10 parking spaces per 1,000 square feet of gross floor area) for a total of between 85 and 143 spaces. The proposal includes 52 parking spaces for use by the residential component only. The concept includes the provision of a 24-hour, seven- day a week valet service for the retrieval of resident's vehicles. The non-residential component will not include any on-site parking spaces and will, rather, rely on existing public parking spaces located on surrounding streets (407 spaces) and within the Garden Street, Station Square and Municipal Services Building parking garages (250, 96 and 474 spaces, respectively). These CommuniTy Development Board May 21,2013 FLD2013-03008—Page 6 of 36 � r C��.N�l Y1'�L�l Level II Flexible Develo mentA lication Review PL.arrr�u�c&DEVELOrMENT p pp DEVELOPMENT REVIEW DiVISION � ?�a��^��*r:��.;.,� are in addition to various other parking lots scattered throughout the Downtown Core in the area bound by Drew Street, Myrtle Avenue, Clearwater Harbor and Chestnut Street. Altogether, there are over 2,000 parking spaces available within four blocks in any given direction of the subject site. Therefore, the proposal supports this Vision statement. Vision: The elimination of blighting conditions and the revitalization of the existing and expanded CRA are critical to the future health of Downtown. It is generally accepted that vacant buildings are an indicator of blighting. The existing building has been largely vacant for five years. The proposal will revitalize the existing building with a mixed-use redevelopment including 52 dwelling units and 6,500 square feet of commercial space along Cleveland Street and North Osceola Avenue. Therefore, the proposal supports this Vision statement. Plan Goals and Obiectives: In order to guide the revitalization of Downtown, three overriding goals are established with supporting Objectives and Policies developed to aid in reaching these goals. The following Goals and Objectives are applicable to the proposal. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. The development proposal will provide for 52 attached dwelling units and 6,500 square feet of commercial floor area as part of an attractive mixed-use development. Therefore, the proposal furthers this Goal. Objective lA: All development within Downtown shall further the goals, objectives and policies of this Plan and shall be consistent with the character districts, the Downtown Design Guidelines and the Downtown zoning district. Tliis Objective will be found to be fulfilled as the following Goals, Objectives and Policies are addressed. Objective lE: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center, as well as employment opportunities for powntown residents. The proposal includes the provision of 6,500 square feet of commercial space providing additional opportunities for businesses to locate within the Downtown. Therefore, the proposal furthers this Objective. Objective 1F: Cleveland Street shall be maintained as Downtown's main street, which is valued both for both its historic character and scale of development and for its function as the major retail street. The historic character of Cleveland Street will not be negatively impacted by the development proposal in that the project is respectful of the historic building, height and scale patterns along Cleveland Street. Cleveland Street includes architectural styles such as 20th Century Commercial Vernacular, Art Moderne and Chicago School architectural styles that are deemed appropriate by the Guidelines. Further, the development proposal will locate Community Development Board May 21,2013 FLD2013-03008—Page 7 of 36 � ' C1L�tl f1"[iL41 Level II Flexible Develo mentA lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION - � �_~�..b��.:•., 52 dwelling units within the downtown area as well as 6,500 square feet of commercial space that will front directly on Cleveland Street and a portion of North Osceola Avenue. The provision of these elements will result in increased pedestrian activity downtown strengthening the retail environment. Therefore,the proposal furthers this Objective. Objective 1G: Residential uses in Downtown are encouraged with a variety of densities, housing types and affordability consistent with the character districts. The proposal includes 52 attached dwelling units intended for sale at market rates consistent with other attached dwelling/mixed use projects that have been built in the Downtown. Therefore, the proposal furthers this Objective. Objective lI: The Ciry shall use all existing incentives to encourage Downtown housing and shall evaluate other incentives to encourage residential uses to locate Downtown. The Plan provides for a Public Amenities Incentive Pool from which development proposals may acquire additional dwelling units in excess of what the applicable density restrictions would otherwise allow. This development proposal includes a request to utilize three dwelling units from the Public Amenities Incentive Pool. Therefore, the proposal furthers this Objective. Objective 1K: Downtown shall be a safe environment for both residents and visitors by addressing real and perceived public safety issues. Vacant buildings are often perceived to be dangerous and oftentimes actually do present real dangers to individuals and the surrounding community. David T. Kraut writes that "[s]uch properties adversely affect the surrounding community, increasing crime and the risk of fire while posing health hazards to nearby residents." (74 N.Y.U.L. Rev. 1139 (Oct. 1999; Vol. 74, No. 4) Hanging out the No Vacancy Sign: Eliminating the Blight of Vacant Buildings from Urban Areas). The proposal will convert a vacant nine-story building into a vibrant mixed use development with 52 dwelling units and almost 4,500 square feet of commercial space. Goal 2: Create an environment where both people and vehicles can circulate throughout Downtown safely and effectively. Objective 2A: The Downtown street grid should be maintained to provide multiple access points in and through Downtown, to assist in dispersing traffic on various routes and contribute to improved traffic operations. Vacation of streets shall be evaluated based on redevelopment potential provided alternative access exists or can be provided. The existing street grid will be maintained with the proposal. Street right-of-way vacations are not proposed. Therefore, the proposal furthers this Objective. Ob,�ective ZI: Redevelopment and public improvements shall create and contribute to pedestrian linkages throughout the Downtown. The development proposal includes the provision of active commercial space along Cleveland Street and a portion of North Osceola Avenue. In addition, streetscape improvements are proposed along North Osceola Avenue that will be to be consistent with the City's Master Streetscaping and Wayfinding Plan. The details will be coordinated with Community Development Board May 21,2013 FLD2013-03008—Page 8 of 36 � � C1Lt1l 1'��L�1 Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P pp DEVELOPMENT REVIEW DIVISION �.,.��„�, . � City Staff and approved prior to the issuance of any permits. Therefore, the proposal furthers this Objective. Goal 3: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. The existing building will be repurposed as a mixed-use development including 6,500 square feet of commercial space along Cleveland Street and North Osceola Avenue along with 52 attached dwelling units. The scale and scope of the building will be maintained while the appearance of the building will be remade into an Art Moderne style of architecture. Therefore, the proposal furthers this Goal and Objective. Plan Policies: Policy 1: The Downtown Design Guidelines establish the quality and design features expected for renovation, redevelopment and new construction in the Downtown with which all projects must be consistent. The development proposal is consistent with the various aspects of the Guidelines including, but not limited to: Vehicular Circulation/Access and Parking, Scale and Height, Rhythm/Spacing, Architecture, Primary and Corner Fa�ades, Windows and Doors, Materials and Color. The details of these items are discussed in detail farther in this document. Therefore, the proposal is consistent with this Policy. Policv 2: The character of each district shall be reinforced through the site plan and design review process. Projects shall be consistent with and contribute positively to the vision of the character district in which it is located. As discussed throughout this document, the proposal is compliant with the policies governing development within the District. The site will be improved as a mixed use development eliminating a large vacant building in the heart of Downtown Clearwater which will positively contribute to the vibrancy and overall vision of the District. Therefore, the proposal is consistent with this Policy. Policy 3: The design of all projects in Downtown shall make meaningful contributions to the pedestrian environment through site and building design. The architectural elevations of the proposed buildings have been designed with an emphasis on pedestrian scale development and the ground floor. The fa�ades include active commercial space on Cleveland Street and North Osceola Avenue. The pedestrian environment will also be improved through the provision of 52 new attached dwelling units as well as streetscape improvements along North Osceola Avenue that will be consistent with the City's Master Streetscaping and Wayfinding Plan. Therefore,the proposal is consistent with this Policy. Policy 6: The City shall establish a Public Amenities Incentive Pool that provides densiry and intensity increases for projects located in all character districts, except as limited in Old Bay, in excess of the allowable maximum development potential based on a provision of selected amenities. Community Development Board May 21,2013 FLD2013-03008—Page 9 of 36 ' � Cl\.Rl 1Y�L�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT p pp DEVELOPMENT REVIEW DIVISION � �, _ � ��.�a�a- , To overcome the numerous constraints affecting redevelopment, the Plan established the Public Amenities Incentive Pool, consisting of 2,296 dwelling units and 2,119,667 square feet of floor area for non-residential uses, available to all property within the Plan area. This provides an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for powntown Clearwater. Most of this intensity of use is still available. This development proposal will utilize three dwelling units from the Pool. The amenities provided by this development to justify the request include the provision of a mixed-use development including 52 residential units (including those from the Pool), 6,500 square feet of commercial space in the Downtown Core along Cleveland Street and North Osceola Avenue and streetscape improvements along North Osceola Avenue consistent with the City's Master Streetscaping and Wayfinding Plan. Therefore, the proposal is consistent with this Policy. Polic.��Drive-thru facilities shall only be permitted as an accessory use and through a design that minimizes the views of the facility from rights-of-way and preserves the urban character of Downtown. The development proposal will result in the elimination of a drive-through facility that is inconsistent with the above policy. Therefore, the proposal is consistent with this Policy. Polic.�20: Residential development shall provide appropriate on-site recreation facilities based on the scale of the project. Amenities for the residential component will include two roof-top jacuzzies, a gym and lounge. Residents will also be provided with on-site storage units and a ground-floor common/event area. Therefore,the development proposal is consistent with this Policy. Downtown Core District Policies: The following applicable policies shall govern development within the Downtown Core District, as well as City actions: Policy 5: The City shall continue to allow payment in-lieu of providing required on-site parking. As previously discussed, the development proposal includes the provision of 52 parking spaces for the residential component of the development with no on-site parking spaces for the commercial component. The City will require a payment in-lieu of providing required on-site parking. Therefore, the proposal is consistent with this Policy. Policv 7: To ensure a pedestrian friendly and safe environment, driveways shall be discouraged on Cleveland Street between Myrtle Avenue and Osceola Avenue. There are no driveways proposed on Cleveland Street. Therefore, the proposal is consistent with this Policy. Polic� Redevelopment and new construction along Cleveland Street shall be compatible with and contribute to pedestrian vitality, human scale and historic fabric. The historic character of Cleveland Street will not be negatively impacted by the development proposal in that the project is respectful of the historic building, height and scale patterns along Cleveland Street. Further, the development proposal will locate 52 dwelling units within the downtown area as well as 6,500 square feet of commercial space directly on Cleveland Street. Community Development Board May 21,2013 FLD2013-03008—Page 10 of 36 � ' C�LL�l �l'�L�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION - �. ,��;��nm ax, The provision of these elements will result in increased pedestrian activity downtown and the strengthening of the retail environment. Therefore, the proposal is consistent with this Policy. Based upon the above, the development proposal is found to be in compliance with the policies governing development within the Downtown Core character district. Downtown Desi�n Guidelines: Design Guidelines have been established to ensure that public and private development projects implement the Goals, Objectives, Policies and Character District Visions of the Downtown Plan. The Guidelines provide a framework for: • Enhancing the quality of the Downtown built environment; • Achieving quality contextual design; • Achieving design that implements the vision of the character district in which the • property is located,thereby promoting an identity for powntown Clearwater; • Encouraging a diversity of architectural styles; • Providing design flexibility instead of aesthetic control; • Guiding the appropriate rehabilitation and preservation of designated historic structures; • Creating a pedestrian-oriented environment built upon the City's history and activities; • Protecting and improving property values; and • Providing investar and property owner confidence through design continuity. As previously discussed, the development proposal consists of the adaptive reuse of an existing building as a mixed use development including 52 attached dwelling units and 6,500 square feet of commercial space. The exterior of the building will be improved with a contemporary take on the Art Moderne-style of architecture. Art Moderne, a recognized architectural style found within the Downtown Planning area and the District, can be defined as an architectural style created in the 1930s, following the earlier Art Deco style. Common characteristics may include smooth stuccoed wall surfaces, flat roofs, architectural details that emphasize the horizontal appearance of the building, rounded exterior corners, ribbon windows that may continue around a corner, glass blocks and an asymmetrical fa�ade. The exterior of the building will have the existing"skin" removed and replaced with new stucco- work, windows and balconies. The first floor will be remade into a series of traditionally-styled storefronts (the exact mix and numbers of tenants has yet to be determined) which transitions vertically into a more contemporary take on the Art Moderne style. The storefronts will extend along Cleveland Street wrapping around to include approximately 30 feet along North Osceola Avenue. The building will increase in height from 125 feet to 138 feet with and additional five feet to the top of a parapet wall. The lobby for the residential component will be located at the northwest corner of the building. The non-residential component will be located entirely on the ground floor along Cleveland Street and, as mentioned, a portion of North Osceola Avenue. Parking is proposed on the north portion of the site along Laura Street and a small portion of North Osceola. The site will be accessed via a pair of one-way driveways with the south driveway an enter-only and the second driveway to the north as an exit-only. A third driveway is shown at the northwest corner of the site along North Osceola Avenue. Staff recommends that this driveway be eliminated and a condition of approval to this effect is included with this Community Development Board May 21,2013 FLD2013-03008—Page 11 of 36 i _ � y� j +p�+ PLANNING&DEVELOPMENT : C ��l��Lt,.l Level II Flexible Development Application Review DEVELOrn�NT aEV�w nivisioN •../'�/\./��^/\i . ��./.'�/".�/'`/\./'\.1��.' .. . . . _ ..�\.:"._.� . document. In addition, access will be provided from a separate parking lot on the east side of the site via two, two-way aisles with access control via electronic gates. The Downtown Design Guidelines identify both appropriate and inappropriate direction with regard to various elements associated with new construction and redevelopment in the Downtown Plan area. A thorough review of these guidelines within the Plan was conducted with the following applicable items identified: Block and Lot Characteristics: The Guidelines state that the existing street grid pattern shall be retained where it contributes to an active pedestrian environment, and that blocks should be designed to promote easy pedestrian access and encourage cross-use. The development proposal maintains the existing street grid pattern and does not propose to vacate any rights-of-way. Therefore, the project is consistent with this set of guidelines. Vehicular Circulation/Access and Parkin�: The Guidelines state that the location, > � i c number and design of driveways shall Q =_ maintain the urban fabric of the 3 � � �� . a �� . downtown; and that interior lot access J -� �t' "'` ° shall be limited to the minimum V ROPO ED ST;�� ' � �I�I^�' I � ( n u m b e r o f c u r b c u t s t o a d e q u a t e l y U i c v� > _ � 3 0"d e c o r a t i v e w a l l � j serve the site and be from secondary I} ' . � � �, I street fronta es or alle ys. The site is � 3�~� �"t; t �'; I l a n d s c a �n g Q 1_,, .� �. `, p g I � I bound by Cleveland Street, North �~''f� `` i ' �'� � 24�Y�NITE STOP ��__� � OSEO EIECI ONIC � Osceola Avenue (both designated r =E � .�'!',8°'R`T`P.� I °I ��r .� ,,..-, �_. .� ___-.._ __ _._��. p r i m a r y s t r e e t s) a n d L a u r a S t r e e t (a __3 -�"� -PR�P�sF�. F+i�N �� )P C U R B — l; �\ DECORATIVE�AII SEE S� �T IND[X VO. 300 secondary street). As discussed in ' ARCHITECTUF�AI.DETAIL d.TURN OUT � � 3:jl . .,c detail in the Development Proposal fDOT I�DEX NO.5' � 3O"decorative wall �) section of this document, the proposal 20,� 3 _ _ �j consists of three curb cuts along sTMP R�Anc_� �� ` J J _ !� � � North Osceola Avenue (inconsistent with the Plan). Based upon the scale of the development the number of curb cuts is excessive and unwarranted vis-a-vis vehicular access needs given the fact that access will be provided from Laura Street via a shared driveway with Parcel B. Further, the location and design of the curb cuts will not maintain the urban fabric of the downtown and are inconsistent with the manner in which curb cuts have been previously approved in the downtown. The Fire Department has determined that closing this driveway will have to negative impact on their ability to provide life/safety services to the site. City Staff recommends that the northernmost driveway be closed off entirely and the drive aisle simply be extended an additional five feet west (or as needed) of the westernmost parking spaces (to provide adequate back-out space for those parking spaces) as shown in the accompanying schematic. The Guidelines further state that parking lots shall be located behind the primary fa�ade of the principal building. In addition, parking lots adjacent to rights-of-way are to be screened with either a landscaped buffer or a solid wall or fence three feet in height. The parking garage associated with the development is located behind the existing building and landscaping is Community Development Board May 21,2013 FLD2013-03008—Page 12 of 36 � � Cl�itl 1'1 Gll��1 Level II Flexible Development Application Review PLANNING&DEVELOPMENT DEVELOPMENT REVIEW DIVISION o ''��.�� . _r. . ... proposed along the north and west sides of the parking lot which will effectively screen the lot. Therefore, the project is consistent with this set of guidelines. Pedestrian Circulation/Access: The Guidelines state that clearly defined, safe, direct, convenient and landscaped pedestrian pathways should be provided between streets, parking areas and buildings. The development proposal includes maintaining the existing ten-foot wide pedestrian pathway along Cleveland Street, seven-foot wide sidewalk along North Osceola Avenue and six-foot wide sidewalk along Laura Street. In addition, streetscape improvements are proposed along North Osceola Avenue that will be to be consistent with the City's Master Streetscaping and Wayfinding Plan. The details will be coordinated with City Staff and approved prior to the issuance of any permits. . Therefore,the project is consistent with this set of guidelines. Bu„�'ferin�and Screening: The Guidelines state that mechanical equipment, wireless communication facilities, loading and service areas shall be integrated into the design of the site, located in the most unobtrusive location possible, buffered and screened appropriately. The development proposal locates the necessary service/loading facilities within the parking lot adjacent to the east of the subject site. A cross access/easement agreement will be recorded with the Clerk of the Court prior to the issuance of any permits. This loading area is located to the operational rear of the properties fronting Cleveland Street and is accessible from Laura Street away from the majority of the storefronts and main pedestrian linkages. The majority of the mechanical equipment for the building will be located at two locations: at the sixth floor balcony area and on the roof. Mechanical equipment will be screen from view via parapet walls. With regard to wireless communication facilities, it has been attached as a condition of approval that any/all wireless communication facilities to be installed concurrent with or subsequent to the construction of the subject development are screened from view and/or painted to match the building to which they are attached, as applicable. Based upon the above and subject to the attached condition of approval, the development proposal complies with above applicable Guidelines. Landscapin� The proposal includes fencing and landscaping along the parking lot on the north portion of the site along the north and west sides of the site. Landscape materials include date palms, silver buttonwood, hibiscus, flax lily, bird of paradise, liriope and jasmine all of which are compatible with the climatic conditions of West Central Florida and are appropriate to the space in which they will occupy with regard to water needs, growth rates, size, etc. in order to conserve water, reduce maintenance and promote plant health. Based upon the above and subject to the attached condition of approval, the development proposal complies with above applicable Guidelines. Fences and Walls: The Guidelines provide that fences and walls shall be utilized around service/loading areas, dumpsters and mechanical/utility equipment to buffer these uses from surrounding properties and rights-of-way and to provide security for this equipment. In addition, fences and walls may be incorporated as a design element to assist in defining property boundaries and entrances, open spaces and to provide a transition between public and private realms. The proposal includes a low 30-inch picket-style aluminum fence with masonry columns with landscaping buffering the public rights-of-way along North Osceola Avenue and Laura Street from the parking lot located on the north portion of the site. A dumpster, proposed along the south side of Laura Street along Community Development Board May 21,2013 FLD2013-03008—Page 13 of 36 � CiLRI 1'Y iil��l Level II Flexible Develo ment A lication Review P��c&navELOrngxr P PP DEVELOPMENT REVIEW DIVISION - r. � x�.<<,. the north property line of Parcel B, will be screened. The dumpster screening will match the fit and finish of the building on the subject site. Therefore, the project is consistent with this set of guidelines. Orientation: The Guidelines state that it is appropriate to orient buildings towards the street and that the front fa�ades of buildings along the streetscape should contribute to pedestrian interest. The proposal re-uses an existing building and provides 6,500 square feet of commercial space along Cleveland Street and a portion of North Osceola Avenue. Based upon the above, the development proposal complies with the above applicable Guidelines. Coverage: The Guidelines provide that a high percentage of ground coverage is encouraged in a downtown to create a critical mass of activity and that the amount of ground coverage varies among character districts with the most intense coverage found in the Downtown Core and the commercial areas of the other districts. The proposal re-uses an existing building which covers approximately half of the property and provides commercial space directly along Cleveland Street. Based upon the above, the development proposal complies with the above applicable Guidelines. Scale and Hei� The Guidelines state that the size and proportions of new development should be related to the scale of nearby buildings. Even if much larger than its neighbors in terms of square footage, the building should maintain the same scale and rhythm as the existing buildings. In addition, the Guidelines state that the apparent height of a building/development can be influenced and augmented by a combination of step backs, varying building heights and horizontal features. As mentioned, the existing building will be re-used but will undergo architectural upgrades to the interior and exterior. The existing building stepback at the fifth (south, west and east elevations) and sixth floor (northeast corner) will be maintained. Although taller than immediately adjacent buildings the building has existed in its current form for over 40 years. It is also comparable in height to several other buildings in the immediate vicinity including Water's Edge at the southwest corner of Cleveland Street and North Osceola Avenue, the Bank of America and Atrium buildings at the northeast and southeast corners of Cleveland Street and Garden Avenue, respectively and Station Square on the east side of Station Square Park. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Rhxthm/Spacin� The Guidelines state that buildings shall have a distinct"base", "middle" and "cap". Further,the Guidelines state that with regard to high-rise buildings the building levels or step backs should be differentiated by architectural features such as coping, cornice lines and material changes; and that there should be a proportional relationship between the height of a building and the number and dimensions of step backs used to mitigate the height of the building. The building will be improved with and distinct "base", "middle" and "cap" that is identified by material changes, stepbacks, and other architectural features. The "base" of the building is characterized by the pedestrian-scaled commercial space extending along Cleveland Street and wrapping around to North Osceola Avenue. The "middle" of the building will consist of the bulk of the building between the second and ninth floors with the "cap" characterized by a glass parapet along the Community Development Board May 21,2013 FLD2013-03008—Page 14 of 36 � ' C�V[tl 1'1'{�Lt.l Level II Flexible Develo ment A plication Review PL^rrr��rrG&nevELOPMENr P p DEVELOPMENT REVIEW DIVISION � �� . ��:. �� south, east and west facades and a bank of large windows on the north fa�ade. These features are typical of the Art Moderne style of architecture. The proposed height of the building (138 feet to roof deck) is 13 feet more than the 125 feet that has existed in this spot for over 40 years and is adjudged to be proportional to the dimensions of the stepback being provided to mitigate the height. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Additional Rec�uirements for powntown Core alon�e Cleveland Street: The Guidelines state that buildings along Cleveland Street taller than the predominant height of other buildings on the project's block should step back at that predominant height. With regard to the subject site, the development proposal includes only the AmSouth building the general form of which will remain as part of this development proposal, but be architecturally modified; thus this development simply maintains the existing overall height as well as the sixth floor stepback. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Architecture: The Guidelines provide that new development shall complement the architectural heritage of the district in which it is located; however new buildings may use a variety of architectural styles as appropriate to the intended use of the building. The existing building will remain with regard to scale and bulk however, the architectural style of the building will change to Art Moderne. The first floor, pedestrian in scale, will be stylistically incorporated into the overall Art Moderne motif of the building remade into a series of storefronts (the exact mix and numbers of tenants has yet to be determined). The storefronts will extend along Cleveland Street wrapping around to include approximately 30 feet along North Osceola Avenue. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Primarv, Corner and Secondarv Fa�ades: The Guidelines require that the primary fa�ades be the most highly designed fa�ades and utilize plane changes (i.e. projections and recesses), architectural details, variety in color, material and textures, and storefront display windows for retail uses. Further, the Guidelines state that buildings on corner lots shall emphasize their prominent location through the use of additional height, massing, distinctive architectural treatments and/or other distinguishing features. The development proposal consists of two primary fa�ades each of which have been given similar highly designed farades that include balconies, recesses, numerous windows of varying styles and sizes, storefront display windows for proposed retail uses and stepbacks as consistent with the art Moderne style of architecture. The existing AmSouth building is located at the corner of Cleveland Street and North Osceola Avenue. This building measures approximately 138 feet (to roof deck); thus the building's prominent location will continue to be emphasized with this redevelopment. It is important to note that the building also includes what amounts to a secondary fa�ade facing Laura Street on the north. The north farade as well as the east fa�ade (although not facing a street is also a highly visible fa�ade) have both received the same level of architectural treatment as the south Community Development Board May 21,2013 FLD2013-03008—Page 15 of 36 ' � Clbtil 1'�Llll.l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P pp DEVELOPMENT REVIEW DIV[SION � ��u�az,��a9e��.; _ . and west fa�ades. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Windows and Doors: The Guidelines state that it is inappropriate for new development to utilize mirrored glass and glass curtain walls. Further, the Guidelines state that storefront display windows should contain both bulkheads and transoms when appropriate to the architectural style of the building. The architectural elevations of the tower include numerous windows but these are not mirrored glass. The storefronts do not includes transoms or bulkheads as consistent with the Art Moderne style of architecture. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Roof Design: The Guidelines state that buildings should incorporate a roof consistent with the style of the building. Specifically, high-rise buildings which utilize sculpted roofs in order to establish an interesting and enhanced skyline unique to Downtown Clearwater are appropriate. The proposal includes a tall building approximately 138 feet in height. The roof design is consistent with the Art Moderne style of architecture incorporated into the building and includes a large architectural embellishment which provides not only a sculpted appears but provides shade to the roof-top deck. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Other Architectural Features: The Guidelines state that the same amount of thought and care should be put into the selection and installation of other architectural features as for more obvious features such as roofs, doors and windows. The development proposal includes a building in the Art Moderne style of architecture. This includes minimalist design features, a significant use of glass, punched windows without trim, chrome door hardware, a flat roof with coping, horizontal grooves or lines in exterior walls, subdued colors, a use of geometric forms and dark bronze aluminum window, storefront and door frames. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Materials: The Guidelines state that building materials shall be consistent with and relate to the architectural style of the building. The Guidelines also state that the storefront level and upper levels should use visually compatible materials. The nonresidential component of the building (i.e. the ground floor) is seamlessly incorporated into the overall Art Moderne-style of the building and the materials of which these areas are constructed convey this. The predominant materials include stucco exterior walls, aluminum window frames and banding and tinted glass. Based upon the above,the development proposal is in compliance with the above referenced Guidelines. Color: The Guidelines state that the number and type of building colors should be appropriate for and consistent with the architectural style. The color scheme for the development proposal consists of browns and dark tans with the ground floor consisting almost entirely of glassed storefronts. The color scheme of the first five floors of the building will incorporate mostly dark tan Community Development Board May 21,2013 FLD2013-03008—Page 16 of 36 � D C�\.t��F'�LiLl.l Level II Flexible Development Application Review DEVELOPMEGrr&r xev�w�ME Is orr ' � _ �:�.�r�,.,.��„_� highlighted with portions in light tan. The remainder of the building will reverse this color scheme with the upper floors mostly in light tan with dark tan highlights. The proposed color scheme is consistent with and appropriate for the architectural style of the building. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Additional Rec�uirements�or Develo�ment Along Cleveland Street Between Mvrtle and Osceola Avenues and Alon Fort Harrison Avenue between Drew and Chestnut Streets_ The Guidelines state that development shall incorporate an architectural st�yle indicative of those found in downtown Clearwater between circa 1900 and 1950, such as: 20` Century Commercial Vernacular, Art-Deco, Art Moderne, Chicago School, Mediterranean/Mission Influence, or Neo- Classical. The architecture of the building incorporates a contemporary take on the Art Moderne architectural style. Based upon the above, the development proposal is in compliance with the above referenced Guidelines. Public Amenities Incentive Pool The Plan states that the Public Amenities Incentive Pool was established to provide an opportunity for the private sector to gain additional development potential while assisting the public to achieve its redevelopment goals for powntown Clearwater in order to overcome the numerous constraints affecting redevelopment,. The Plan further provides that all property within the Downtown Plan boundaries will be eligible to use the Public Amenities Incentive Pool. Allocations from the Pool will be available to projects that provide one or more improvements and/or fees in-lieu of certain improvements that provide a direct benefit to Downtown revitalization. There shall be a correlation between the bonus amount and the provided incentive. The allocation of increased density through the Pool shall be at the discretion of the City. The types of amenities eligible for density/intensity bonuses may include, but are not limited to the following(emphasis added): • Residential uses in the Downtown Plan area; • Ground floor retail in the Downtown Core Character District; • Uses in particular locations and/or miaced use projects that further the Plan's major redevelopment goals and character district vision; • Day care facility; • Portion of project reserved for Affordable Housing; • Significant Public Space on site; • Public Art on site; • Preservation of a historic building to the Secretary of Interior's Standards; • Construction of public parking on site; • Cultural or Performing Arts Facility on site; • Contributions to Master Streetscape and Wayfinding Plan; • Contributions to Coachman Park or Station Square Master Plan; • Contributions to Pinellas Trail or connector trails; • Contributions to public parking facility; or • As determined by the City Commission. Community Development Board May 21,2013 FLD2013-03008—Page 17 of 36 ' C�l+�1'T�Lt��Level II Flexible Develo ment lication Review PL^rrrr�G&nEVELOrMExr P APP DEVELOPMENT REVIEW DIVISION ,:''�^...x.a,r��n.��:�,t, , . . The proposal includes a request for two dwellings to be furnished from the Pool. The proposal fulfills the requirements of this portion of the Plan by includes a mixed use project with 52 dwelling units and commercial space on the ground floor along Cleveland Street. Development Parameters Intensitv o�Use: Pursuant to the Downtown Core character district of the Plan, the maximum density for properties within the Downtown Core character district is 70 dwelling units per acre. The District also permits a maximum Floor Area Ratio (FAR) of 4.0). The proposed density is 52 total dwelling units (including three dwelling units from the Public Amenities Incentive Pool) with 6,500 square feet of commercial space. For mixed use projects development potential is determined by first calculating the amount of land needed to support the proposed amount of non-residential GFA. In this case, given a FAR of 4.0, 6,500 square feet of non-residential GFA requires 1,120 square feet of land. This area is subtracted from the overall size of the site (32,500 square feet) resulting in 30,875 square feet of land area or 0.71 acres. This is then multiplied by 70 (the number of dwelling units permitted per acre) which yields 49 units hence the need to incorporate three dwelling units from the Public Amenities Incentive Pool. The proposal is consistent with the Plan. Maximum Buildin�Height: Pursuant to CDC Table 2-903, there is no maximum height for a Comprehensive Infill Redevelopment Project. In addition, the District provides that building height along Cleveland Street is to be consistent with the historic building pattern. The existing building, at its current height, is over 40 years old. The existing building height of 125 feet will be increased by 13 feet to 138 feet with an additional five feet to the top of the parapet wall. The proposal is consistent with the Plan. Minimum O�f-Street Parking.• Pursuant to CDC Table 2-903, there is no minimum off-street parking requirement for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Tables 2-902 and 903, the minimum required parking for mixed use projects is based on the specific use requirements. In this case, the specific uses are attached dwelling and restaurant. It is understood that the exact mix of tenants, whether they will all be all restaurant, all retail or a mix, is unknown at this time. However, the applicant has expressed a desire to fill all or most of the commercial space with a restaurant use occupying up to 6,500 square feet. As such, for the purposes of determining the maximum parking requirement it is assumed that one or more restaurants will occupy all of the commercial space. Therefore, based on a range of between one and 1.5 parking spaces per dwelling unit (52 to 78 spaces) and between five and 10 spaces per 1,000 square feet of gross floor area(33 to 65 spaces)the parking requirement for the proposal is between 85 and 143 spaces. The proposal provides 52 Code-compliant parking spaces which will serve the residential component only. A private 24-hour/seven-day valet who will retrieve vehicles for residents will service the parking lot. The non-residential component will not include any on-site parking spaces and will, rather, rely on existing public parking spaces located on surrounding streets (407 spaces) and within the Garden Street, Station Square and Municipal Services Building parking garages (250, 96 and 474 Community Development Board May 21,2013 FLD2013-03008—Page 18 of 36 � C1bRl yYLiL�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P pp DEVELOPMENT REVIEW DIVISION � �_. �� .: ��: spaces, respectively). These spaces are in addition to various other parking lots scattered throughout the District in the area bound by Drew Street, Myrtle Avenue, Clearwater Harbor and Chestnut Street. Altogether, there are over 2,000 parking spaces available within four blocks in any given direction of the subject site. In addition, it is expected that, with the Downtown serving as a government center for both the City and Pinellas County in addition to other downtown offices and businesses that a certain percentage of customers of the commercial space will walk to the site reducing the need to dedicate parking for that space. Therefore, the proposal meets the intent of this CDC section. Mechanical Equipment.• Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. As mentioned,the majority of the mechanical equipment for the building will be located at two locations: at the sixth floor balcony area and on the roof. Mechanical equipment will be screen from view via parapet walls. With regard to wireless communication facilities, it has been attached as a condition of approval that any/all wireless communication facilities to be installed concurrent with or subsequent to the construction of the subject development are screened from view and/or painted to match the building to which they are attached, as applicable. Therefore, the proposal meets the intent of this CDC section. Si�ht Visibilitv Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on North Osceola Avenue, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. This proposal has been reviewed by the City's Traffic Engineering Department and been found to be acceptable. Shrubbery planted within the sight visibility triangles will need to be maintained to meet the Code requirements. Therefore, the proposal meets the intent of this CDC section. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Most utilities which serve the site are currently underground. There is some limited overhead wiring along the north and a portion of the west sides of the site which will be placed underground with this proposal. Therefore, the proposal meets the intent of this CDC section. Landscapin�.• Perimeter landscape buffers are not required within the Downtown district per CDC Section 3- 1202.D however, landscaping is proposed along the west and north property lines along North Osceola Avenue and Laura Street, respectively. These property lines will include a metal picket fence with masonry columns 30 inches in height along with landscape material including date palms, silver buttonwood, hibiscus, flax lily, bird of paradise, liriope and jasmine. The proposed landscape plan meets the requirements of the Plan's Design Guidelines and is discussed in further detail later in this document. While perimeter landscape buffers are not required within the Downtown district interior landscape requirements per CDC Section 3-1202.E must be met. Community Development Board May 21,2013 FLD2013-03008—Page 19 of 36 � � CiVttl fT�L�l Level II Flexible Develo mentA lication Review PLnxx�G&nEVECOrMExT p PP DEVELOPMENT REVIEW DIVISION a:�a. �,�.�s� .,, The proposal includes 322 square feet of interior landscaped area which constitutes 1.8 percent of the vehicular use area where 10 percent (1,824 square feet) is required. This CDC Section also provides that interior islands provide a minimum dimension of eight feet from back of curb to back of curb where the proposal includes islands with dimensions of three feet. In addition, CDC Section 3-1202.E also limits the number of consecutive parking spaces which may be in a row to 10 although Staff may increase that number to 15 spaces in a row. The proposal includes 14 spaces in a row. The applicant has mitigated the abovementioned area and dimensional deficiencies through the provision of perimeter landscape and fencing material and has appropriately buffering the parking lot from adjacent rights-of-way. Therefore, the proposal meets the intent of this CDC section. Solid Waste: A trash room is provided within the building on the first floor. Trash will then be removed to a dumpster proposed along the north side of Parcel B along Laura Street. The dumpster enclosure will match the fit and finish of the building on the subject site. The proposal has been found to be acceptable by the City's Solid Waste and Fire Departments. Si�na� The proposal does not include signage. The applicant is aware that any proposed signage will need to be permitted through the Planning and Development Department and will need to meet the requirements of CDC Section 3-1807 and the Plan's Design Guidelines. Comprehensive Plan: The proposal is in support of the following Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element Policy A.2.2.2 - Residential land uses shall be sited on well-drained soils, in proximity to parks, schools, mass tr•ansit and other neighborhood-serving land uses. The proposed mixed use development which includes a residential component is located on a well-drained site close to parks (Coachman Park, Station Square Park, Crest Lake Park, the Clearwater Community Sailing Center, Sand Key Park, Pier 60, Downtown Main Library, Clearwater Beach Library & Rec. Center/Pool, McKay Playfield and Mandalay Park) mass transit (the Park Street Terminal, PSTA Routes J, T, 18, 52, 60, 61, 66, 67, 73, 76, 78 and 98) and other neighborhood-serving land uses (restaurant, retail and other commercial uses). The subject site is served by the Belleair Elementary, Dunedin Highland Middle and Clearwater High Schools. Therefore, the submittal supports this Policy. 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 "st�ip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. The proposal includes a commercial component as part of a mixed use development and is located at the intersection of Cleveland Street and North Osceola Avenue) both local collector Community Development Board May 21,2013 FLD2013-03008—Page 20 of 36 � � Cl\.il�1'��lt-1 Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT p PP DEVELOPMENT REVIEW DIVISION streets). The site is not adjacent to any strictly residential neighborhoods and does not result in a "strip commercial" development. The proposal is consistent with this Policy. Objective A.3.2 — All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping/tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City; and Policy A.3.2.1 All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Communiry Development Code. Cleveland Street is designated as a Primary Scenic Corridor within Section 3-1203 of the CDC and within the Future Land Use Element (FLUE) of the City's Comprehensive Plan. Primary scenic corridors are those roadways expected to have enhanced landscape standards applied to properties along them. Perimeter landscape buffers are not required within the Downtown district per CDC Section 3-1202.D however, landscaping is proposed along the west and north property lines along North Osceola Avenue and Laura Street, respectively. These property lines will include a metal picket fence with masonry columns 30 inches in height along with landscape material including date palms, silver buttonwood, hibiscus, flax lily, bird of paradise, liriope and jasmine. The proposed landscape plan meets the requirements of the Plan's Design Guidelines and is discussed in further detail in this document. While perimeter landscape buffers are not required within the Downtown district interior landscape requirements per CDC Section 3- 1202.E must be met. The proposal includes 322 square feet of interior landscaped area which constitutes 1.8 percent of the vehicular use area where 10 percent (1,824 square feet) is required. This CDC Section also provides that interior islands provide a minimum dimension of eight feet from back of curb to back of curb where the proposal includes islands with dimensions of three feet. In addition, CDC Section 3-1202.E also limits the number of consecutive parking spaces which may be in a row to 10 although Staff may increase that number to 15 spaces in a row. The proposal includes 14 spaces in a row. The applicant has mitigated the abovementioned area and dimensional deficiencies through the provision of perimeter landscape and fencing material and has appropriately buffering the parking lot from adjacent rights-of-way. Therefore, the submittal supports this Objective and Policy. Objective A.S.S - Promote high quality design standards that support Clearwater's image and contribute to its identity. Policy A.S.S.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. The proposal provides for a use permitted by the D district (CDC Section 2-902) and is consistent with surrounding uses. In addition,the site design is consistent with and complements other development in the area along Cleveland Street and is consistent with the intent of the development parameters set by the Clearwater powntown Redevelopment, the Downtown Core character district and the Design Guidelines. Therefore, the proposal supports this Objective and Policy. Community Development Board May 21,2013 FLD2013-03008—Page 21 of 36 � : Vl��r1'�l�l Level II Flexible Develo ment A IIC0tI0f1 R2VIeW PLANNING&DEVELOPMENT P pP DEVELOPMENT REVIEW DIVISION � ,.. ��.,. . Goal A.6 - 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/oN 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; and Policy A.6.1.1 - Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans cznd redevelopment plans. Objective A.6.2 — 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. Policy A.6.2.1 - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Policy A.6.2.2 - Encourage land use conversions on economically underutilized parcels and corridors, and promote redevelopment activities in these areas. Objective A.6.4 — 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; and Policy A.6.4.1 - The development or redevelopment of small parcels [less than one (1) acreJ which are currently receiving an adequate level of service shall be specifically encouraged by administration of land development and concurrency management regulatory systems as a method of promoting urban infill. As mentioned previously the site was developed over 40 years ago and that the existing nine- story building has been largely vacant since 2008. The proposal includes the re-use of the building as a mixed use (a desired use within the District) with 52 attached dwellings (two of which are requested from the Public Amenities Incentive Pool) and approximately 4,500 square feet of ground floor commercial space. The redevelopment of the site with an upgraded building and new landscaping is an appropriate reuse of the site. The proposal, which makes an efficient use of the site while emphasizing enhanced aesthetics (landscaping and building architecture) and complementing surrounding uses (including mixed use, retail, restaurant, office, government uses and attached dwellings), is the sort of project envisioned as an appropriate recipient of flexibility from the minimum development parameters as provided by the above Goal, Objectives and Policy. Therefore, the proposal supports these Goals, Objectives and Policies. Community Development Board May 21,2013 FLD2013-03008—Page 22 of 36 . � p �T + PLANNING&DEVELOPMENT : C L�►'1�L��Level II Flexible Development Application Review DEVELOPMENT REVIEW DIVISION Objective A.6.8 - Identify those areas of the City that are appropriate for redevelopment as livable communities and require that specific sustainable elements be used in the redevelopment of these areas. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Policy A.6.8.2 - Encourage mixed-use development that includes a combination of compatible land uses having functional interYelationships and aesthetic features. Policy A.6.8.3 - Where appropriate, development shall provide a sense of pedestrian scale on streets through minimal front setbacks, similar building heights, street trees andproportionality of building heights to str°eet widths. Policy A.6.8.7 - Create mixed-use, higher density, livable communities through design, layout and use of walkabiliry techniques within existing and proposed transit corridors, including proposed TBARTA lines and stations. Policy A.6.10.8 - Optimize the potential of transit oriented development to support transit investments and create livable and sustainable urban communities by adhering to the following guiding principles in the planning, design, and development of transit station area plans: b. Land Use 1. Mix complementary, compact and well-integrated land uses within station areas and the area of influence up to one mile around stations. 2. P�omote a range of higher-density and intensity uses in station areas, including residential, office, service-oriented retail and civic uses that support transit ridership and takes advantage of the major public investment in transit. 3. Provide greater flexibility for mixing uses and higher density/intensity that is easier to implement than traditional requirements and are able to respond to changing conditions. 7. Require active uses that attract/generate pedestrian activity such as retail and office on the ground floor of buildings, including parking garages. d. Parking 3. Implement parking strategies, including shared and centralized parking, and reduce parking requirements over time with the option of implementing parking ma�rimums as station area development becomes increasingly integrated with transit service. e. Urban Design 1. Use urban design to create sense of place, enhance community identity and make attractive, safe and convenient environments within station areas. 2. Adopt building design guidelines based on street types such as pedestrian priority streets where building fronts, doors, windows, and elements that protect the pedestrian from rain and sun are emphasized and secondary streets where buildings rears and service areas may be tolerated. 3. Require building fi•ontage to be oriented to public streets or open space with minimal setbacks. Community Development Board May 21,2013 FLD2013-03008—Page 23 of 36 � � Cl\.Rl 1'i'RL�I Level II Flexible Develo mentA lication Review pLa.r�ING&DEV�LOpMENT P PP DEVELOPMENT REVIEW DIVISION � . . .��.,,�„ 4. Require building entrances to be located to minimize the walking distance between the transit station and the building entrance. 5. Prohibit motor vehicle surface parking between building fronts and public rights-of- way. As discussed in detail previously in this report, the proposal includes a mixed use development with attached dwellings and commercial space located in the Downtown Core character district of the Clearwater powntown Redevelopment Plan planning area. This area has been specifically targeted for revitalization and mixed-use developments are seen as a vital component of that goal. The existing building will be re-used and improved aesthetically with an Art Moderne- style of architecture; essentially, only the building shell will remain intact. The proposal includes a slightly high intensity of use than otherwise permitted with the request of three dwelling units from the Public Amenities Incentive Pool. The commercial space will front along Cleveland Street and a portion of North Osceola Avenue incorporated into pedestrian-scaled storefronts. The site is adjacent to numerous mass transit lines including the Park Street Terminal. Therefore, the proposal supports these Objectives and Policies. Community Development Code: The proposal supports the general purpose, intent and basic planning objectives of this Code as follows: Section 1-103.B.1. Allowing properry owners to enhance the value of their property through innovative and creative redevelopment. The proposed mixed use development is consistent with the character of the area along Cleveland Street with regard to use and the proposal will result in a project consistent with elements of the Comprehensive Plan and the Clearwater powntown Redevelopment Plan, as provided above. The proposal makes efficient use of the parcel and existing building. The proposed development is similar to the treatment other sites have received in the area vis-a-vis landscaping and other site improvements as mitigation to justify flexibility from certain the CDC requirements such as interior landscaping and parking. Therefore, the proposal supports this Code section. Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Surrounding properties include a variety of residential and non-residential uses include attached dwellings, governmental use, restaurant, retail, office and indoor recreation/entertainment. The proposed development provides for a creative reuse of a vacant building which meets the requirements of the Plan and Design Guidelines. It is likely that surrounding properties will have their values enhanced by the proposal. It is anticipated that the proposal will result in a positive impact on those surrounding properties. Therefore, the proposal supports this Code section. Section 1-103.B.3. Strengthening the city's economy and increasing its tax base as a whole. The proposal includes the redevelopment of an existing lot and building with a mixed use project including 52 attached dwelling units and approximately 4,500 square feet of commercial space. As mentioned, the site has been the subject of an approved Flexible Development application. However, the associated development promised failed to materialize. In addition, the building Community Development Board May 21,2013 FLD2013-03008—Page 24 of 36 � ' C�L.ttl ►►'Al��Level II Flexible Development Application Review rtnr�xrrrG&nEVEr.orMENT DEVELOPMENT REVIEW DIVISION u . _. ..... ��. :`- ,,»`- _ . . . has sat largely vacant since 2008. The proposal will be consistent with the character of the area with regard to size, scope and scale as compared with other properties in the neighborhood. The proposal is expected to have a net increase in the tax base as a whole with the adaptive re-use of the site and building. It is largely beyond dispute that the City of Clearwater is largely built-out where the primary option for improvement is the redevelopment and/or refurbishing of existing sites and buildings. This is especially true in the Downtown Planning area. Therefore, the proposal supports this Code section. Section 1-103.D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposal includes a new mixed use with 52 attached dwellings and 6,500 square feet of commercial space. The applicant has demonstrated that the proposed building improvements and site plan are more attractive than what is currently on the site and that the building elevation, site and landscape plans are better that what would otherwise be required by the CDC. The proposal with regard to site, landscape and building design is consistent with other beautification efforts undertaken, encouraged and installed by the City and private property owners in the City as a whole and specifically along Cleveland Street. Therefore, the proposal supports this Code section. The proposal supports the General Applicability requirements of this Code as follows: Section 3-914.A.1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposal includes a new mixed use with 52 attached dwellings and 6,500 square feet of commercial space. The existing nine-story building has existed or over 40 years. As mentioned, the existing building will be re-used but will undergo architectural upgrades to the interior and exterior. The existing building stepback at the fifth (south, west and east elevations) and sixth floor (northeast corner) will be maintained. Although taller than immediately adjacent buildings the building has existed in its current form for over 40 years. It is also comparable in height to several other buildings in the immediate vicinity including Water's Edge at the southwest corner of Cleveland Street and North Osceola Avenue, the Bank of America and Atrium buildings at the northeast and southeast corners of Cleveland Street and Garden Avenue, respectively and Station Square on the east side of Station Square Park. Therefore, the proposal supports this Code section. Section 3-914.A.2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. The proposal is consistent with the character of adjacent properties and consistent with the Plan and Design Guidelines. The applicant has shown through substantial competent evidence that the proposal is similar in nature vis-a-vis form and function to adjacent and nearby properties and, importantly, with the desired character of the area. The proposal will eliminate a large vacant building replacing it with a vibrant mixed use redevelopment and will not impair the value of adjacent properties. Therefore, the proposal is consistent with this CDC Section. Community Development Board May 21,2013 FLD2013-03008—Page 25 of 36 � � Y Cibu��t{i�l�l Level II Flexible Develo ment A lication Review PLArrrr�v�&DEV�LOPMENT p PP DEVELOPMENT REVIEW DIVISION - ��. �o��,._.. . , . Section 3-914.A.3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. The proposal will result in the reuse of a large vacant building. Vacant buildings are often perceived to be dangerous and oftentimes actually do present real dangers to individuals and the surrounding community. The proposal will have a positive effect on the health and/or safety of persons residing or working in the neighborhood. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.4. The proposed development is designed to minimize traffic congestion. The proposal will likely have minimal effect, negative or otherwise, on traffic congestion. The proposed mixed use redevelopment will have a lesser impact than the previous office use. Therefore,the proposal is consistent with this CDC Section. Section 3-914.A.S. The proposed development is consistent with the community character of the immediate viciniry. As previously discussed, the community character consists of a variety of residential and non- residential uses. The proposed mixed use redevelopment is a desired use within the District. The Art Moderne architectural style (recognized as an existing architectural style within the District) of the building will complement and enhance adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The design of the proposed development should not result in any adverse olfactory, visual and acoustic impacts on adjacent properties. Therefore, the proposal is consistent with this CDC Section. The proposal supports the specific Comprehensive Infill Redevelopment Project criteria of this Code as follows: Section 2-903.D. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The site has largely sat vacant for approximately five years. The primary deviation from the CDC is to reduce the otherwise required number of parking spaces from between 85 and 143 spaces to 52 spaces. The commercial component will depend on the approximately 2,000 public parking spaces available in the immediate area. Reducing the amount of provided parking to the minimum necessary is encouraged by the Comprehensive Plan and the Plan (discussed in detail previously in this report). It bears mentioning that properties along Cleveland Street between North Myrtle and North Osceola Avenues (with restaurant andJor retail uses) without parking or the ability to provide parking the off-street parking requirements are waived. The site has a small parking area on the north side of the site and therefore does not technically meet this provision. The reality is that given the size of the existing parking area no use permitted in the D district at a reasonable intensity of use would be able to provide all required parking on-site. Therefore, the proposal is to provide the parking required for the residential component and rely on ample public parking for the non- residential component. Therefore, a reasonable conclusion is that the redevelopment of the Community Development Board May 21,2013 FLD2013-03008—Page 26 of 36 � � C��1'1'Rll.l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REVIEW DIVISION site is otherwise impractical without deviations from the development standards as otherwise provided in the D district. Therefore, the proposal is consistent with this CDC Section. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. The redevelopment of the site will be consistent with a variety of Goals, Objectives and Policies of the City's Comprehensive Plan as well as with the general purpose, intent and basic planning objectives of the CDC as examined in detail previously in this document. Therefore, the proposal is consistent with this CDC Section. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. Surrounding properties include a variety of residential and non-residential uses include attached dwellings, governmental use, restaurant, retail, office and indoor recreation/entertainment. The proposed development provides for a creative reuse of a vacant building which meets the requirements of the Plan and Design Guidelines. It is likely that surrounding properties will have their values enhanced by the proposal. Therefore, the proposal is consistent with this CDC Section. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. As discussed in detail, the proposal will be consistent with the pattern of development in area, is consistent with the Plan, Design Guidelines, Comprehensive Plan and the intent of the CDC. Adjoining properties will likely benefit from the proposal. Therefore, the proposal is consistent with this CDC Section. S. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of six objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the city's economic base by diversifying the local economy or by creating jobs; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; As mentioned previously, the CBD FLUP classification and the D district both permit mixed-use development (residential and commercial uses). The proposal includes a mixed- use development within an existing nine-story building including 52 dwelling units and approximately 4,500 square feet of commercial space on the ground floor. The building has been largely vacant for five years. The proposal is consistent with and will not alter the essential use characteristics of the neighborhood which consist of similar uses in similarly- sized buildings. Therefore,the proposal is consistent with this CDC Section. Community Development Board May 21,2013 FLD2013-03008—Page 27 of 36 ' � Cl��Fi'(ll�l Level II Flexible Develo ment A lication Review PLANN[NG&DEVELOPMENT P pp DEVELOPMENT REVIEW DIVISION - re�* F �,�� .-.> 3 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district. Surrounding properties include a variety of residential and non-residential uses include attached dwellings, governmental use, restaurant, retail, office and indoor recreation/entertainment. The proposed development provides for a creative reuse of a vacant building which meets the requirements of the Plan and Design Guidelines. It is likely that surrounding properties will have their values enhanced by the proposal. The proposal will have no effect on the ability of surrounding properties to be redeveloped or otherwise improved. Therefore, the proposal is consistent with this CDC Section. b. The proposed development complies with applicable design guidelines adopted by the city. As examined in detail previously in this report, the proposal complies with the Plan's Design Guidelines. Therefore, this CDC Section is not applicable to the proposal. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area. As previously discussed, the community character consists of a variety of residential and non-residential uses. The proposed mixed use redevelopment is a desired use within the Downtown Core character district. The Art Moderne architectural style of the building will complement and enhance adjacent properties. Therefore, the proposal is consistent with this CDC Section. d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses,pilasters,porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building step backs; and • Distinctive roofs forms. The development proposal incorporates a contemporary take on the Art Moderne-style of architecture. Art Moderne, a recognized architectural style found within the Downtown Planning area and the Downtown Core character district. The south and west fa�ades of the development consist of storefronts designed at a human scale with those levels immediately above designed in a complementary fashion. The design includes a distinct "base", "middle" and "cap" in keeping with the Guidelines. Further, the existing stepback at the fifth (south, west and east elevations) and sixth floor (northeast corner) along North Osceola Avenue and Cleveland Street is maintained. Therefore, the proposal is consistent with this CDC Section. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Community Development Board May 21,2013 FLD2013-03008—Page 28 of 36 � p�r�T + 4+ PLANNING&DEVELOPMENT � � C Ltil rl'�L�l Level II Flexible Development Application Review nEVELOrMENT�v�w nrvisiox - �� ,>�zet,,: Perimeter landscape buffers are not required within the Downtown district per CDC Section 3-1202.D however, landscaping is proposed along the west and north property lines along North Osceola Avenue and Laura Street, respectively. These property lines will include a metal picket fence with masonry columns 30 inches in height along with landscape material including date palms, silver buttonwood, hibiscus, flax lily, bird of paradise, liriope and jasmine. The proposed landscape plan meets the requirements of the Plan's Design Guidelines and is discussed in further detail later in this document. While perimeter landscape buffers are not required within the Downtown district interior landscape requirements per CDC Section 3-1202.E must be met. The proposal includes 322 square feet of interior landscaped area which constitutes 1.8 percent of the vehicular use area where 10 percent (1,824 square feet) is required. This CDC Section also provides that interior islands provide a minimum dimension of eight feet from back of curb to back of curb where the proposal includes islands with dimensions of three feet. In addition, CDC Section 3-1202.E also limits the number of consecutive parking spaces which may be in a row to 10 although Staff may increase that number to 15 spaces in a row. The proposal includes 14 spaces in a row. The applicant has mitigated the abovementioned area and dimensional deficiencies through the provision of perimeter landscape and fencing material and has appropriately buffering the parking lot from adj acent rights-of-way. Therefore, the proposal is consistent with this CDC Section. Section 4-206.D.4: Burden of proof. The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial competent evidence that the request is entitled to the approval requested as required by CDC Section 4- 206.D.4. Code Enforcement Analysis: There are no active Code Compliance cases for the subject property. COMPLIANCE WITH DOWNTOWN DESIGN GUIDELINES: The following table depicts the development proposals level of consistency with the applicable Downtown Design Guidelines as per the Plan: Consistent Inconsistent l. Site Design X� 2. Building Placement X� 3. Building Design X� 1 See analysis in Staff Report Community Development Board May 21,2013 FLD2013-03008—Page 29 of 36 ' � C�l.(�l 1'1'�L�1 Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT p PP DEVELOPtvfENT REVIEW DIVISION ' . �� «�,�ar��,., ; COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards for mixed uses (attached dwellings and restaurant) as per CDC Tables 2-903 and the Downtown Core character district: Standard Proposed Consistent Inconsistent Density 70 dwelling units pe 52 dwelling units (74.29 dwelling X acre (49 dwelling units per acre) based on the 0.70 acre of land area remainin after the commercia component i considered) Floor Area Ratio 4.0 0.15 X' Maximum Height(feet) Along Cleveland St. - 138 feet to roof structure X� consistent with the An additional 5 feet to the top of the historic building parapet wall pattern and design guidelines Minimum NA 1 space per dwelling unit (52 X1 Off-Street Parking spaces) or 1.27 spaces per dwelling unit 0 parking spaces per 1,000 square feet of GFA (non-residential com onent � See analysis in Sta.,�'Report COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-903.D. (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X1 the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X' the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X' development and improvement of sunounding properties. 4. Adjoining properties wiil not suffer substantial detriment as a result of the proposed X� development. Community Development Board May 21,2013 FLD2013-03008—Page 30 of 36 � ; Cl�R��Y Lil�l Level II Flexible Develo ment lication Review PLANNING&DEVELOPMENT P p'PP DEVELOPMENT REV�W DIVISION u > . . �.. . .�.,<<<�z : ... . � Consistent Inconsistent 5. The proposed use shall otherwise be permitted by the underlying future land use X� category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood;and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X� parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ❑ Changes in horizontal building planes; ❑ Use of architectural details such as columns, cornices, stringcourses, pilasters,porticos,balconies,railings,awnings,etc.; ❑ Variety in materials,colors and textures; ❑ Distinctive fenestration patterns; ❑ Building stepbacks;and 0 Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landsca e desi n and a ro riate distances between buildin s. 1 See analysis in Staff Report COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS: The following table depicts the consistency of the development proposal with the General Standards for Level One Approvals as per CDC Section 3-914.A: Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X' coverage,density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X' adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X� residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X' 5. The proposed development is consistent with the community character of the X' immediate vicini . Community Development Board May 21,2013 FLD2013-03008—Page 31 of 36 � C1L[41 1't[tl�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P Pp DEVELOPMENT REVIEW DIVISION � . �~��,. � ... ��.x=�� Consistent Inconsistent 6. The design of the proposed development minimizes adverse effects, including X� visual,acoustic and olfacto and hours of o eration im acts on ad'acent ro erties. 1 See analysis in Staff Report COMPLIANCE WITH COMPREHENSIVE LANDSCAPE PROGRAM STANDARDS: The following table depicts the consistency of the development proposal with the Comprehensive Landscape Program as per CDC Section 3-1202.G: Consistent Inconsistent 1. Architectural theme. a. The landscaping in a comprehensive landscape program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for development;or b. The design, character, location and/or materials of the landscape treatment X proposed in the comprehensive landscape program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standaxds 2. Lighting. Any lighting proposed as a part of a comprehensive landscape program is X automatically controlled so that the lighting is turned of�' when the business is closed. 3. Community character. The landscape treatment proposed in the comprehensive X landscape program will enhance the community character of the City of Clearwater. 4. Properry values. The landscape treatment proposed in the comprehensive landscape X program will have a beneficial impact on the value of property in the immediate vicinity of the parcel proposed for development. 5. Special area or scenic corridor plan. The landscape treatment proposed in the X comprehensive landscape program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the arcel ro osed for develo ment is located. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of April 4, 2013 and deemed the development proposal to be legally sufficient, based upon the following findings of fact and conclusions of law: Findings of Fact The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. That the 0.746 acre site is located at the northeast corner of Cleveland Street and North Osceola Avenue; 2. That the subject site is located within the D district; 3. That the subject property is located within the CBD FLUP category; 4. The subject site consists of one parcel with approximately 100 feet of frontage along Cleveland Street, 260 feet of frontage along North Osceola Avenue and 150 feet of frontage along Laura Street; 5. That the subject property is located in The Downtown Core character district of the Clearwater powntown Redevelopment Plan special plan area; Community Development Board May 21,2013 FLD2013-03008—Page 32 of 36 � � C��[i��1't�l�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT P PP DEVELOPMENT REV�W DIVISION � �� .,•� 6. That the development proposal is consistent with the Visions, Goals, Objectives and Policies of the Clearwater powntown Redevelopment Plan and the Downtown Core character district; 7. That the development proposal is consistent with the Downtown Design Guidelines; 8. That the proposed use of three dwelling units from the Public Amenities Incentive Pool is consistent with the provisions of the Clearwater powntown Redevelopment Plan; 9. That on November 15, 2005, the CDB approved a Flexible Development application to permit a mixed-use development in the Downtown (D) District with 245 attached dwelling units (which includes an increase in density of 36 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool) and 186,300 square feet of non-residential floor area (restaurant, retail/movie theater, and existing office), an increase in the permitted height from 30 feet to 380 feet (to roof deck) with an additional 27 feet for architectural embellishments as a Comprehensive Infill Redevelopment Project, under the provisions of(then) CDC Section 2-903.C; 10. That a request for a one-year time extension to initiate a building permit to construct the improvements on this parcel was submitted and approved by the Community Development Coordinator on October 25, 2006; 11. That Building pertnits were not obtained within the required time frame and the application expired; 12. That the surrounding area is dominated by a variety of residential and non-residential development; 13. That the site was originally developed in 1960 as a four-story bank building later expanded to the current nine stories in 1971; 14. That the proposal is to reuse the existing building as a mixed use including 52 attached dwellings (three of which come from the Public Amenities Incentive Pool) and 6,500 square feet of commercial space to be occupied by retail sales and service and/or restaurant uses; and 15. That there are no active Code Compliance cases for the subject property. Conclusions of Law The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the pattern of development of the surrounding neighborhood; 2. That the proposal is consistent with eight visions of the Clearwater powntown Redevelopment Plan; 3. That the proposal is consistent with applicable Goals, Objectives and Policies of the Clearwater powntown Redevelopment Plan including Goals 1, 2 and 3, Objectives lA, lE, 1 F, 1 G, 1 I, 1 K, 2A, 2I, 3D and Policies 1 through 3, 6, 12 and 20; 4. That the proposal is consistent with applicable Policies of the Downtown Core character district including Policy 5, 7 and 8; 5. That the proposal is consistent with the Clearwater powntown Redevelopment Plan Design Guidelines with the exception of the Vehicular Circulation/Access and Parking section as it relates to the northernmost proposed driveway; 6. That the proposal is consistent with applicable portions of the Comprehensive Plan including Future Land Use Plan Element Goal A.6, Objectives A.5.5, A.6.1, A.6.2 and A.6.4, A.6.8 Community Development Board May 21,2013 FLD2013-03008—Page 33 of 36 _ __ __ _ � ; C�L�Il �l'AI�A Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT p PP DEVELOPMENT REVIEW DIVISION U . 0..N3'.r�5.e'�..�'�tti.., ,r n;N..._. .. and Policies A.2.2.2, A.3.2, A.3.2.1, A.5.5.1, A.6.1.1, A.6.2.1, A.6.2.2, A.6.4.1, A.6.8.1, A.6.8.2, A.6.8.3, A.6.8.7 and A.6.10.8; 7. That the proposal consistent with the general purpose, intent and basic planning objectives of the CDC Sections 1-103.B.1 —3 and D; 8. That the development proposal is consistent with the Standards as per CDC Table 2-902 with regard to use; 9. That the development proposal is consistent with the Flexibility criteria as per CDC Section 2-903.D of the Community Development Code; 10. That the development proposal is consistent with the General Standards for Level One Approvals as per Section 3-914.A of the Community Development Code; 11. That the development proposal is consistent with the Flexibility criteria for a Comprehensive Landscape Program as per CDC Section 3-1202.G; and 12. That the application is consistent with the requirement for the submittal of substantial competent evidence as per CDC Section 4-206.D.4. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a mixed use including 52 attached dwelling units (including three dwelling units from the Public Amenities Incentive Pool) with a height of 125 feet as measured from grade to the top of the roof deck and of XX feet to the top of rooftop architectural embellishment, 52 parking spaces (including two handicap spaces) (one parking space per dwelling unit), 6,500 square feet of restaurant space with zero parking spaces in the Downtown (D) District as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-903.D; and to permit more than 10 parking spaces in a row and eliminate the interior landscape area and tree requirement as a percentage of the vehicular use area requirement as part of a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. subject to the following conditions: Conditions of Approval: General/Miscellaneous Conditions l. That the final design and color of the building be consistent with the elevations approved by the CDB; 2. That the masonry components of the fence along the north and west sides of the site match or otherwise complement the building which it serves with regard to finish, fit, materials and color; 3. That any nonresidential uses proposed to be located on site are consistent with those permitted uses listed within CDC Section 2-902 and/or the Clearwater powntown Redevelopment Plan; 4. That any/all wireless communication facilities to be installed concurrent with or subsequent to the construction of the subject development are screened from view and/or painted to match the building to which they are attached, as applicable; 5. That any dwelling units obtained from the Public Amenities Incentive Pool that are not built shall be returned to the Pool; 6. That any/all future signage meets the requirements of Code and be architecturally integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: Community Development Board May 21,2013 FLD2013-03008—Page 34 of 36 � p�r�Tn+ 4� PLANNING&DEVELOPMENT � ; C Litl ?'1'[I�L�1 Level II Flexible Development Application Review nEVELOPngNT xEV�w Drvisiorr a �. m . (a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and (b) All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 7. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; 8. That all other applicable local, state and/or federal permits be obtained before commencement of the development; Timing Conditions Prior to Issuance of Permit 9. That application for a building permit be submitted no later than May 21, 2014, unless time extensions are granted pursuant to CDC Section 4-407; 10. That, prior to the issuance of any permits, all encroachment/access agreements/easements be filed with and recorded by the Clerk of the Court, and that evidence of the same be submitted to Staff; 1 l. That, prior to the issuance of any permits, Building Code and Fire Code requirements for building separation and distance to property lines must be met and shown on construction permit drawings; 12. That, prior to the issuance of any permits, revised site plans which show the northernmost driveway along North Osceola Avenue be eliminated and that area revised to include a continuation of the landscaping and decorative wall/fence along North Osceola Avenue; 13. That prior to the issuance of any permits details pertaining to the solid waste enclosure along Laura Street be submitted to an approved by Staff and that such details will show that the enclosure matches the building which it serves with regard to fit, finish, materials and color; 14. That prior to the issuance of any building permits, the Fire Department may require the provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required, then the water supply must be able to supply 150 percent of its rated capacity; 15. That prior to the issuance of any permits, any applicable Public Art and Design Program Impact Fees be paid; 16. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 17. That prior to the issuance of any permits all sub-standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be shown on plans to be improved to meet the requirement of Local, State and/or Federal standards including A.D.A. requirements (truncated domes per FDOT Index#304); 18. That the fit, finish, materials, installation methodology of the sidewalk and associated sidewalk amenities (such as benches, trash receptacles, trees, lighting) be coordinated with and approved by City Staff prior to the issuance of any permits; 19. That prior to the issuance of any permit, all requirements of the General, Stormwater and Traffic Engineering and Fire Departments be addressed; Community Development Board May 21,2013 FLD2013-03008—Page 35 of 36 � Y Cl\.(�1 �l'�ll�l Level II Flexible Development Application Review PLnr�v�rr�&DEV�LOPMENT DEVELOPMENT REVIEW DNISION .... . . � .��t'.= � �� Timing Conditions Prior to Issuance of Certificate of Occupancy 20. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid; 21. That all proposed utilities (from the right-of-way to the proposed building) be placed underground prior to the issuance of a Certificate of Occupancy; 22. That all existing aboveground utilities adjacent to the site be placed underground prior to the issuance of a Certificate of Occupancy; and 23. That all utility equipment including but not limited to electrical and water meters is screened from view andlor painted to match the building to which they attached, as applicable, prior to the issuance of a Certificate of Occupancy. �____.----� Prepared by Planning and Development Department Staff: `� Mark T. Parry, AIC ,Planner III ATTACHMENTS:Photographs,Clearwater powntown Parking Facilities Map Community Development Board May 21,2013 FLD2013-03008—Page 36 of 36 _ �� ,�,,, - �� i:�:i �� s� 4Q@�,11 ,,. �i • • r � �,� '� ��lili� ��:- : , . �� _ — s "�, � '� � ' _� ' . 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Looking southeast from Osceola. � ��, �>.�� -..�... r Looking south Looking from Laura. northeast •��.2ri from I�� `, ��` Osceola an� �i�i�� !7i',,i; a..� � � Cleveland. { I,;1;�7 i�;�, 01 1� � ,.,� 1 �i�, ____- __-1�_ ` ! �'�> >i l�� — ---- --— —__ I i I >>y,';� i �� Id � � !I , � �� t ' C'�,, , �`, �c 11 -�. � � f ��3 , h .. r �� . ___ � � � ,; �;e� ' �,�;, �. `� � �� II f� � � s'# -- _�'? ti ��,. ` r r•, � .... ..t ' . _ .. ._:._ � -..__.,,,.,,_ •-� ' �3�:$��.'�'�� - 400 Cleveland Street '� � �•� � �'� `� FLD2013-03008 Page 1 of 2 ��;v.ki �i'1f .Y.r. " I�III ! .. *t�. � .N�� i� }� I � ` h�, � s� .,f4 �y�` �y�, � {i�,4 � r'1II/ �'. � '� r� I , 4 w'�t�. 'Y.l..�� , .. , �.::�;� _ � � t. j ..' � 8r• ��'r,`r i 1 � � �� •�� I ��. .._�.='� :1 " ' � � . y;,•�. �a��,;�1�..:c� � � ,� � . �� :. .,. - � . . . .� _. ;tt - _ �-. __ -..� �:�..-.._ ..- __ i,i $ ,r,-.�:_ �%:�,�;,�, s `�:� -�" � ;' --�. � r. -' - - .��-.,.�- ._ _ _,;s,,;;- • - ' �� r ^9�� -. y """".+C .. �� s��.. . /: �s t;,�. . . � -�� - �1� .e:v }�� . . '+ � �� . ',��, y ,r ,��,�'r � + �: ... t �� 4�:" ... . P `' ... �� a�.� i ��if<i�r f -;.u` T y,�:1�- F �� ; , a J .�� t ��t. + . � :;_�� r� .y�' ��. y _4_ . � ;+,,�.. , :. � . �. �'' . , '^ r � ,.'. �-:. . - ,.. . , .; ry . . . ., ,. • i . ys h °� .''� '. A .' � � e. ._.___.. .�_..__ - :' �, �. �. -. " . � . ^^� .. ......,..... . ;,� ' � ': , „- `�� 't' I � �` „f g..� �� iirt �ni y �� .„ u� � �> c .. . AI. � �s'c.,,T�f�.�� _.. .. � .. , . . . r _ , . ' �:..�� .. . - �� j'�Y.:e: � .��'�.. .. C.,�� -�i '�'�.'-`m�.��.�-�C.."=e`.+.;'�"._.._.� - :__:— i 4� , ��TP tiY . _ �- � � � � c . _ : ..,.,�,.��.,"��, _ _ � � .� !. ''1�.�� ry . � �'� jf � .Qdy�� . �M. �-�,� ' a+�°"� ._�°� ' __`� x �'� ,. . ; ' �.,;;.- ..�.,,. _ _ '+�,� s'� " &' ' '' .,a,.�,�•�r,��' .��j � � . k � �� t f f t t • E r � �"t a x;.`+� �� ;,t��' ° � :� � �} "' � �i . '�. ,�� r_ � '�"*� �..,. ,w:� �1 ....'.`.�&.`�bk�i,� .„..�,.�r..�s�Yd'' Looking southeast from center of site. Looking west ti-om west s�de of site. �;s� f ! - L� �� !)a � . �� + ' . ,�� 1.S r . }f .'.vr � ( ` � �4 . >`,., � ,:>}, p — ,f�, . ..�. _ ��„� T r.dM�„ \ , � A ..E ■ ... :� . , - .�-� , � ��. I �� " �.. �, � (_'�a i a�rm^.:: .� .. �.r, I .,.�_�,� ----� �- _ , ._ � k��.r "_�' �' .� +' �.��I � � �iw� �i' _. ,� ' p� �r.`.._ - _ a-.�j �:-- ``^.I��.S -;r.�� .,;�'`� � ,... � �nm�ntce:. ,.b3 ��'� ' � . � � � .�� r.,. ' . � J >. �' 4 ,.�,`,.�'` , :,t.'�� f ��I.�n��uutli along east sidc of site from northeast corner Lookin�southeast from west propert� linc t�f sitc. 400 Cleveland Street FLD2013-03008 Page 2 of 2 • N 1 l 1 l �rr�T 1 � �= ) �— � DREW SR-590 � rw YI w � COACHMAN =� z � ■� w N.T.S. O 5 PARK �m Q a gR Z � � �a � � Q V � � H ~ ~ K �;;;%; 4 W � � �' 14 ;j;; , � � � � W 1b ��%�''% o , , ; , q � Winter's Do ph n � � ^ `� Z � ,y Tale Adventure o �� _ F'yoq�q� HARBORVIEW Z POST Z ■� � 2 CENTER OFFICE ?- � WC9G , �,�.,._ _ . r.a.-• . STREET L s�� ; a �' 9}� ',� �n � I � � � � �,� � �'� � �} N 2= � � 15 . : 3 �' �o � , ,�, , . ; � W � tl� �� ; %% ' - a O a `" %.', , ' B - MSB �' � � � � . � . : � U �\ ''� ' '% ' '" _ a � , � >`_ � I 3 W � RATE TIME LIMIT V - O NoCharge Unlimited FIRE � �+�`' No Charge Limited 8TATION � �'_a � Q $.25IHr. 10 Hours �' $.50/Hr. 3 Hours 2� �9 � - � a L $.50/Hr. 2 Hours � . X�: w\ �$.50/Hr. 1 Hour W �� $.50/Hr. 30 Minutes � �6 � � � —$.50/Hr. 15 Minutes COUR7 o— S7REET s``' � � �Restricted Parking � ;;� � �Permit Only COURT HOUSE 17 - 0 COURT o— � S E 7 o— � 0 City Parking Garages-Rate info below � � � � Information � G�' 9 °' ST. Y 4 1 0 � Subject to Change � � 13 � V a - a STREET —o R-60 � _�, m � , ROGERS STREET J a Q a ROGERS CITY GARAGES ADDRESS NO.SPACES HOURLY/MONTHLY RATE A GARDEN AVENUE GARAGE 28 GARDEN AVE. 250 $.50($5.00/day,$48.15/mo.)7am-7pm B MUNICIPAL SVCS.GARAGE 640 PIERCE ST. 474 Employees only M-F 6am-Spm C STATION SQUARE PARKING GARAGE 628 CLEVELAND ST. 96 $.50($5.00/day,$48.15/mo.) PARKING LOTS ADDRESS NO.SPACES 1a LIBRARY 36N.OSCEOLAAVE. 76 1b WINTERS DOLPHIN TALE ADVENTURE 36 N.OSCEOLA AVE. 50 �+1 2 HARBORVIEW CENTER 300 CLEVELAND ST. 168 4 N.GARDEN AVE. 35 WATTERSON AVE. 9 5 COACHMAN 101 DREW ST. 261 10 CITY HALL 112 S.OSCEOLA AVE. 5 V66 11 DOWNTOWN BOAT SLIPS SOUTH 150 PIERCE ST. 42 ARKING 13 LARGECOURTHOUSELOT 4750AKAVE. 35 14 DOWNTOWN BOAT SLIPS NORTH 100 DREW ST. 19 F� 15 CITY HALL OVERFLOW 220 PIERCE ST. 63 16 COURT ST.8 GARDEN AVE. 318 GARDEN AVE. 7 17 COURT STREET 8 FT.HARRISON 351 S.FT.HARRISON AVE. 20 19 COURT ST.&OSCEOLA AVE. 311 S.OSCEOLA AVE. 39 21 COUNIY PARKING GAR,4GE 310 COURT ST. 11 Notes: 22 OAK AVE. 450 OAK AVE. 85/39 • Downtown rates in effect 8:00 am-6:00 pm,Monday-Friday, 23 PARK/PIERCE ST. 620 PIERCE ST. �a�12 all other times no charge,except where posted; 24 CHESTNUT ST. 615 COURT ST. 37 � Does not include handica or reserved s aces 29 FT.HARRISON AVE. 420 S.FT.HARRISON AVE. 26 P P PC PINELLAS COUNTY LOT NE CORNER PIERCE AND FT HARRISON 105 DOWNTOWN STREETS NO.SPACES ° Clearwater ON STREET PARKING 407 — � ��-',�-�; U . ,..r _ General Parking Information: (727)562•4704 Parking System Hotline: (727)562-4892 www.myC learwater.com/parki ng MARK T. PARRY 1655 Linwood Drive Tel: (727) 742.2461 Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com SUMMARY OF QUAL/F/CAT/ONS A dedicated, AICP certified professional Plar�ner focused on contributing to the field of Urban Planning experienced in public and private sector planning. An excellent communicator, able to effectively interact with clients, local government officials and business professionals at all levels. Experienced in various aspects of urban design and planning, zoning regulations and permitting. OBJECTIVE To secure a Planning position which will allow me to continue improving the built environment and my community through sound and innovative planning and design principals. EDUCAT/ON COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ B.S. Landscape Architecture Major, Urban Planning Certification B.S. Environmental Planning and Design Certificate Urban Planning Golden Key National Honor Society; Sigma Lambda Alpha American Planning Association (Florida Chapter); member AICP#020597 40-hour OSHA (Hazwoper) Training PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present 08/98—04/05 • Responsible for nonresidential and single/multi-family site plan review and permitting. • Assist in the implementation and subsequent review of the Community Development Code. • Responsible for assessing and writing Community Development Code amendments. • Land Development Code development, interpretation and application. • Provide, inspect and direct landscape review/design. • Acting Development Review Manager 9/99— 11/99 and 01/05—03/05. • Manage and direct Associate Planners. • Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation applications at in-house and public review meetings. • Principle Planner in creating and implementing Clearwater's Downtown Design Guidelines. Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan. Senior Planner DEVELOPMENT & ENVIRONMENTAL SERVICES, CARDNO TBE 04/05—04/12 • P�anner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair. . Responsible for nonresidential and single/multi-family site plan review and permitting. • Perform site design and inspections. • Provide technical planning support for engineering department. • Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments. • Research and write Evaluation and Appraisal Reports. . Create and update Special Area Plans/Form-based Codes. . Provide CADD support. • Assist with creating redevelopment marketing material. • Perform technical environmental services including soil and groundwater sampling. Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9�92 - 6�9$ . • Founded and established a local garden and landscape business. • Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD and photo-manipulation programs. • Develop and implement advertising programs, brochures and graphics. • Estimate, bid and negotiate jobs. • Source and negotiate purchase of materials and equipment. • Manage, train and schedule installation crews. Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM, HOLMDEL, NJ 6/87 - 8/93 • Assisted in formulating and running children's summer program ("Hayseed"). • Created and coordinated daily programs and schedules for 6-9 year old groups. • Supervised several other programs throughout the year. • Created a demand which was finrice the program's capacity after the first year. COMPUTER SK/LLS Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan, Excel, Cornerstone, AutoCADD, PowerPoint, Publisher Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Case number: FLD2013-03008 --400 CLEVELAND ST Owner(s): 400 Cleveland,LLC 400 Cleveland Street Clearwater,FL 33755 Applicant: Moises Agami,MGR Phone: 727-412-2121,Email: moises.a�amina,roadtrack.net Representative: Mark Rieker 601 N. Magnolia Avenue Suite 200 Orlando,FL 32801 Phone: 321-206-4123,Fax:No fax,Email: Mrieker(ct�,riekerassociates.com Location: 400 Cleveland Street; northeast corner of Cleveland Street and North Osceola Avenue. Atlas Page: 286B Zoning District: Downtown Request: Flexible Development application to permit a mixed use including an attached dwelling with 52 dwelling units (including three dwelling units from the Public Amenities Incentive Pool)with a height of 13T-6"feet as measured from grade to the top of the elevator machine room roof deck, 52 single-stacked parking spaces (including two handicap spaces) (one parking space per dwelling unit), 6,500 square feet of restaurant/retail space with zero parking spaces in the Downtown (D) District as a Comprehensive Infill Redev.elopment Project,under the provisions of Community Development Code(CDC) Section 2-903.D.; and to eliminate the interior landscape area as a percentage of the vehicular use area requirement as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Mixed Use Neighborhood Clearwater Neighborhood Coalition Association(s): � Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RES[DENCES 400 Cleveland.LLC Proposed Development ProQram: Existing gross floor area: 98,849 gsf(includes basement,all office floors and enclosed portion of roo� Proposed gross floor area: 112,085 gsf(includes demolition of existing 2,470 square foot drive thru element plus addition of balconies and enclosed floar space at floors 2-9 in order to accommodate losses in area at east side of building,roof amenity deck and elevator machine room) Restaurant/Retail areas: 6,500 sf(included in gross floor area proposed above) Residential dwellings: 52 units(105,585 gsf inclusive of all dwelling areas, balconies,ameniry areas,lobby, service, starage and common areas) Estimated project values: $6.5 million(estimated construction cost) $12.25 million (estimated total project value) Parking Summary: See Parking Demand Study dated 4/8/13 for additional details Code Ratio Code Min Spaces Spaces Provided Retail/Restaurant(6,500 s�x 5-10/IOOOsf 33-65 0 See Parking Study for further details Residential (Single loaded) 1-1.5/unit 52-78 52 Development Densitv Calculations: 1. Non-residential uses/density calculations: Retail 6,500 sf=4.0 FAR density= 1,625 sf land required Land required for non-residential uses: 1,625 sf(0.0373 acres) l. Residential density calculations: Total Land within development parcel 32,500 sf(per plat) Less land required for non-residential uses 1 625 sf Land available for residential use 30,875 sf =43,560 sf/acre= 0.7088 acres land available x 70 units per acre= 49.62 units entitled(code basis) Proposed residential density 52 units Quantity of units requested from Bonus Pool 3 units 2 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC BACKGROUND AND DESCRIPTION OF DEVELOPMENT PROPOSAL: General Project Description: The proposed project involves redevelopment of an existing 9 story building,transforming it from business use to residential and retail/restaurant uses in conformance with the Goals,Objectives and Policies established by the City of Clearwater Land Use/Redevelopment Plan,the criterion defined in the Comprehensive Infill standards,and appropriate design standards as described within the Downtown Design Guidelines as further described herein. The project has been designed to enhance the Downtown Core District's policies and contributes positively to the vision of the character district. The design makes meaningful contributions to the pedestrian environment by adding high quality street level retail/restaurant space,providing marketable residential units in a highly desirable location in downtown, and improving the streetscape on Osceola Ave in a manner consistent with that recently completed by the City on Cleveland Street. The existing office building was vacated in late 2011 by its final lease tenants, Pinellas County and Commonwealth Capital Securities,and it has remained unoccupied since that time. The ariginal building was constructed in 1960 as a single user 4 story bank building facility and was expanded in 1971 to add floors 5 through 9,resulting in the current 9 story multi-tenant building configuration with AmSouth Bank as its latest anchar bank tenant. AmSouth decided to vacate the building in 2008 in order to upgrade its facilities to more modern conditions. In spite of the owner's best efforts, re-leasing the building has been unsuccessful and it has proven to be virtually unmarketable. The existing building lacks today's most critical physical elements to make it attractive to modern office users,and considering the significant vacancy rates of higher quality competing spaces in other downtown locations,the building is likely to remain vacant for the foreseeable future. A repositioning of the asset is therefore contemplated in order to avoid a complete loss of value to the current owners as well as a potential blight to downtown Clearwater. Given the limitations of an existing structure of this type,certain flexibility is requested from the City in arder to make it successful. We have endeavored to achieve every possible element of compliance within the context of the respective City guidelines and on the whole believe we have achieved a result that will be beneficial to the City's downtown core,the investors in the project, its residents,neighbors and visitors. 3 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Flexibilitv Requests/Executive Summaries: Parking Flexibility Requests/Parking Demand Study The proposed private residential parking lot provides 1 dedicated parking space per unit, (inclusive of 3 handicap-compliant spaces)resulting in a total parking count of 1.00 cars per unit. Private 24/7 Concierge service furnished as part of the condo owner's association regime will provide assistance to residents for coordination and retrieval of vehicles. In addition,our application proposes that sufficient off-site parking exists in the immediate vicinity far the new retail/restaurant uses. A Parking Demand Study has been furnished as part of this application and should be referenced for additional details supporting our proposed approach. Grant of Utilities Easement As requested by the City of Clearwater at the BPRC meeting for this project, a draft "Utility Easement Agreement" has been enclosed for review. This agreement provides a non-exclusive utility easement over the area identified in the survey as the previous alley (which was vacated as part of a previous development proposal). Vehicle Access& Easement Agreement In arder to ensure proper vehicular circulation for the residential parking lot and reduce the impact of entry and exit requirements on Osceola Ave.,this Development Application contemplates reorganization of spaces and provision of shared access and dumpster pad between the 400 Cleveland parcel,and the adjacent parking area to the east(Parcel ID# 16-29-15-23814-000-0100 owned by Mainstreet Clearwater Development,LLC). (See the enclosed draft"Reciprocal Access and Easement Agreement"for details). Parking,Dumpster Enclosure and Encroachment Easement Agreement In order to ensure that the condominium residents may rely upon the long-term use and benefit of certain requisite private parking spaces which extend outside of the 400 Cleveland,LLC property line,to create shared access for the dumpster,and to provide for de minimis encroachments involved in the development and construction of the Condominium Development, this Easement Agreement has been prepared. Comprehensive Landscaping Application This site was originally developed in 1960 as a 4 story bank building,expanded to 9 stories in 1971,and is located on an extremely compact urban parcel. We have warked to provide an optimal and effective site plan,however existing site size restrictions have limited the design team's ability to provide all of the necessary code related landscaping. Please see the enclosed"Comprehensive Landscape Program"application, in addition to the Civil and Landscape plans,for further details. a Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Public Amenities Incentive Pool Application Our primary objectives in the redevelopment of this property are to avoid potential blight in the downtown core,encourage growth and vitality of the area overall,and to add to the value of the property for the benefit of its residents,owners and the City alike. We have thoroughly examined current market conditions and the limitations of the current building and have determined that greatest redevelopment potential is for residential uses due to current absorption and lack of competing developments. However,we are constrained by certain existing conditions including the existing building size. In order to provide unit sizes marketable within current market conditions(2 Bedroom units averaging approximately 1,200 sf each)while avoiding unused/wasted space in the existing structure,a total of 52 units became the design result. Per the calculations noted on page 1 of this Narrative,the site is short of its necessary residential density by 3 units in arder to support the proposed design program. We are therefore requesting 3 bonus units from the Public Amenities Incentive Pool. Please see application enclosed for additional details. s Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC GENERAL APPLICABILITY CRITERIA: Provide complete responses to each of the six(6) General Applicability Criteria explaining how, in detail,the criterion is being complied with per this development proposal: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage,density and character of adjacent properties in which it is located. The Downtown zoning and redevelopment criteria permits and encourages residential and retail uses to attract people to live, play and work in the downtown area, and while minor flexibility is requested on several items as described herein, we have maintained substantial consistency with the scale, bulk, coverage and density of the site within the context of an adaptive re-use project. The proposed development is also in harmony with the Downtown Design parameters established for the district as well as surrounding buildings. Proposed street facades on both Cleveland and Osceola Streets are enhanced with pedestrian friendly retail/restaurant spaces as well as corresponding streetscape improvements consistent with established downtown design standards and guidelines. The current building has been in existence at its present height since approximately 1971 and is in the immediate vicinity of Waters Edge which is more than twice its height. There are also several mid-rise and low rise buildings nearby. The minor change in height remains consistent with the character of the area and does not significantly change its relationship to its surroundings. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the valuethereof. The proposed development will contribute significantly to the revitalization of downtown, and will provide a community atmosphere where residents can live, work, and recreate, all within walking distance of their front door. It also allows for direct access to outdoar events at Coachman's Park, the updated Capital Theater, downtown retail areas, public library access, and local restaurants. The proposed development is expected to enhance property values and contribute to additional local development opportunities. More importantly, the redevelopment will avoid a blighted condition in downtown, which would vastly diminish City tax revenues, property values and the overall well-being of the immediate area. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. Considering the nature of the proposed development, the region will certainly benefit from a more inviting, active and secure environment for residents and visitars. It will also avoid a condition where a vacant building could attract the wrong"element"to the downtown core. 6 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC 4. The proposed development is designed to minimize traffic congestion. The proposed development is designed to minimize traffic congestion. The previous use of this building as office was much more traffic intensive than the proposed Residential/Retail Comprehensive Infill use. Thus,the redevelopment includes an enhanced traffic element recognized by the City's Traffic Engineer as a reduction in total trips for the Downtown Core and thus eliminating the need for a traffic study. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The development proposal will rehabilitate and modernize the existing building into a quality urban design consistent with the Plan including the redevelopment of the building elevations and fa�ade. The architect has chosen an Art Moderne style fa�ade which is in keeping with the Plan and is recognized within within the downtown core character district. The proposed development is enhanced with pedestrian-friendly retail/restaurant elements and an architectural style respectful to the historic fabric of Clearwater. The proposed development is consistent with the City's harmonious vision for the district while setting a stage for additional high quality development leveraging the momentum of current development activity both proposed and approved. 6. The design of the proposed development minimizes adverse effects,including visual, acoustic and olfactory and hours of operation impacts,on adjacent properties. No adverse effects are anticipated to the existing visual, acoustic or olfactory environments as a result of the proposed redevelopment. To the contrary, we anticipate an improved downtown environment as a result of the successful redevelopment of the site. Provide a detailed narrative describing how the proposal meets the Goals,Objectives and Policies of the Clearwater powntown Redevelopment Plan. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Objective lA: All development within Downtown shall further the goals,objectives and policies of this Plan and shall be consistent with the character districts,the design guidelines and the Downtown zoning district. In direct conformance with this Goal,redevelopment of this property proposes residential use as encouraged in the Downtown zoning district as well as ground � Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC floor retail/restaurant uses. Per Policy#1,the updated building design provides the intended quality improvements and features expected for renovations of this type(and as further described within the design guidelines response herein). Per Policy#2,the site plan is consistent with specific requirements of the character district including appropriate landscape treatments, decorative fencing and streetscape elements. Per Policy#3,the site and building design provide meaningful contributions to the pedestrian environment with dining opportunities that engage the public with extensive clear glass at the ground floor retail/restaurant exposures on Cleveland and Osceola Streets (in lieu of the existing opaque facades),adding to the current residential density downtown,and reducing the traffic burden versus that imposed by office/business uses. Objective lE: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center,as well as employment opportunities for powntown residents. Although the 400 Cleveland Street office building provided a functional business location for many tenants over the past 50 years,the structure has become obsolete for these uses in the modern office environment. The owners of the property are very interested in enhancing the momentum created by surrounding public and private investments including but not limited to Waters Edge Condominium(which is now more than 90% sold out),the Cleveland Street Streetscape and Landscape improvements,the recently announced Capital Theater renovation/expansion,the Aquarium project, and others. The current condition of the building provides for no employment opportunities, thus the proposed development will help to provide employrnent stabiliry Downtown. Objective 1F: Cleveland Street shall be maintained as Downtown's Main Street which is valued both for its historic character and scale of development and for its function as the major retail street. Redevelopment of this site maintains and further enhances the Main Street character and retail capacity along Cleveland Street. The scale of the development remains what has existed at this location for the past 40 years, thus no significant change is proposed other than use. Objective 1G: Residential uses in Downtown are encouraged with a variety of densities, housing types and affordability consistent with the character districts. The economic downtown has resulted in considerable losses for condominium developments over the past 6 years,and precious few opportunities for residential projects have existed recently due to poor market conditions. Fortunately, Clearwater remains a desirable place to live and the City has shown remarkable resiliency in filling empty residential units,albeit at significantly lower rates than those proposed when those developments were conceived. By taking advantage of an existing,well-constructed structure and partnership opportunities within the City,we will provide well-appointed residences at a relatively moderate price point for those interested in downtown living opportunities while enhancing the quality and diversity within the overall downtown living environment. s _ _ Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Objective 1H: A variety of incentive shall be available to encourage redevelopment within the Downtown. Objective lI: The City shall use all existing incentive to encourage Downtown housing and shall evaluate other incentive to encourage residential uses to relocate Downtown. Consistent with the two Objectives noted above and the hardships endured given the vacancy of the existing building,the owner intends to explore opportunities with the City to ensure the successful redevelopment and financing of this proj ect. Additional specifics will be discussed with the City at the appropriate times and in the appropriate venues. Objective 1K: Downtown shall be a safe environment for both residents and visitors by addressing real and perceived public safety issues. Corresponding with this objective,redevelopment of this property as proposed will improve the safety of the downtown environment by taking away unintended opportunities for vagrancy and/or loitering on the property. Goal 2: Create an environment where both people and vehicles can circulate throughout Downtown safely and effectively. Objective 2A: The Downtown street grid should be maintained to provide multiple access points in and through Downtown,to assist in dispersing traf�c on various routes and contribute to improved traffic operations. Vacation of streets shall be evaluated based on redevelopment potential provided alternative access exists or can be provided. Our proposed design maintains multiple access points in a manner very consistent with those already in place on the site, specifically along Osceola and Laura Streets. Therefore, familiarity among those who frequently drive these streets will not be altered. Objective 2B: Cleveland Street and Fort Harrison Avenue shall be reclaimed as local streets to operate within Downtown for vehicular and pedestrian circulation. Our redevelopment proposal does not affect the Cleveland Street improvements already put in place by the City of Clearwater,and thus does not adversely change vehicular or pedestrian circulation. The property is not proximate to Fort Harrison Avenue. Objective 2H: A variety of parking solutions for motorized and non-motorized vehicles shall be pursued to support redevelopment while maintaining ease of access and parking throughout the Downtown. Our proposed redevelopment plan incorporates a Parking Demand Study and contemplates use of the City owned parking systems downtown for support of the 9 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC ground floor retail/restaurant uses. See the enclosed Parking Demand Study for additional details and information. Objective 2I: Redevelopment and public improvements shall create and contribute to pedestrian linkages throughout the Downtown. Given the proximity to existing and proposed public and private entertainment, educational,recreational and retail opportunities within walking distance of this property, our proposed residential redevelopment use clearly creates and enhances pedestrian linkages. Goal 3: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. Objective 3A: Coachman Park shall be redeveloped and expanded as a waterfront park accessible to all residents and visitors containing active and passive open space, a improved regional outdoor entertainment venue and a marina. Anticipating additional efforts to be made by the City with regard to this objective,our redevelopment focuses on activating the Osceola Avenue street fapade in addition to the Cleveland Street retail exposures. Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. Our proposed redevelopment plan respects the heritage and character of the downtown environment by utilizing existing building forms,yet incorporating modern fa�ade improvements,improved fenestration,balcony elements and warm colors in keeping with the current downtown vernacular. 1. Vision:Downtown Clearwater is a major center of activity, business and governments. The development proposal will result in the adaptive reuse of an existing office building into a mixed-use retail and residential property. The existing building has been vacant for over a year. The proposed redevelopment will generate new consumer "activity" that will help to stimulate the surrounding neighborhoods and further this Vision statement. 2. Vision: Downtown will be an integrated co�nmunity with a mi.x of retail, residential, office and recreational opportunities. The development proposal will provide neighborhood and community-scale uses including a mix of modernized retail and upscale condominium units with a variety of amenities. 3. Vision: Quality urban design is critical to new construction and renovated buildings. �o Flexible Development Application—Comprehensive Infill Project PROJECT NAR.RATIVE CLEARWATER RES[DENCES 400 Cleveland.LLC The development proposal will rehabilitate and modernize the existing building into a quality mixed-use, urban design consistent with the Plan including the redevelopment of the building elevations and fa�ade. The architect has chosen an Art Moderne style fa�ade which is in keeping with the Plan. 4. [�ision:An adequate parking supply must be available coterminous with new uses. The development proposal provides a total of 52 on-site parking spaces. Please see the enclosed parking demand study for additional details. it Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The proposed development is located on an existing land-locked site with limitations that impose signifzcant challenges with respect to parking requirements, landscape requirements and densities. The previous design and development of the site included a small parking lot and a specific use and given its existence to the site would otherwise exempt it from parking requirements for the non-residential component of the project. A parking demand study performed in conjunction with the application process illustrates that sufficient parking exists within the Ciry grid for the non-residential uses. We have outlined the desired flexibility items on pages 2 and 3 of this Narrative. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan,as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district The redevelopment has been proposed to remain consistent with respective goals and policies of the Comprehensive plan, including the conversion of the properry from Business to Residential and Retail uses, enhancing pedestrian linkages, and updating the aesthetic appeal of the building and site in conformance with downtown design guidelines and land use/redevelopment plan requirements. The redevelopment of this site will contribute to the City's goal of increasing and improving upon residential options in the downtown core,protecting and improving properry values, achieving a design that implements the vision of the character district and helping to create a pedestrian friendly environment. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties Given that the redevelopment is proposed to meet the goals, objectives and policies of the City of Clearwater as described herein, we do not anticipate any effects on the development or improvement of surrounding properties. Those properties have already been developed(and in some cases redeveloped), and our proposal is consistent with the Downtown Plan, Community Development Code and Comprehensive Plan. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. One properry directly adjoins the subject redevelopment site. The adjacent property is owned and controlled by Mainstreet Clearwater Development,LLC which shares the same officers (Members)as that of �z Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RES[DENCES 400 Cleveland.LLC 400 Cleveland Street, LLC and it is reasonable to assume that a property owner would not allow detrimental affects to its own adjacent parcel. The intent of 400 Cleveland LLC is to enhance the value of its neighboring retail parcel. 5. The proposed use shall otherwise be permitted by the underlying future land use category,be compatible with adjacent land uses,will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard,flexible standard or flexible development use; Residential and Retail/Restaurant uses are permitted in the Downtown zoning district. These uses are encouraged in the Comprehensive Plan as essential elements to meet the City's goals for the downtown district. b. The proposed use would be a significant economic contributor to the city's economic base by diversifying the local economy or by creating jobs; If successful, the redevelopment of this property will convert a vacant office building to a vibrant residential use with ground floor restaurants and/or retail. Both uses will contribute positively to the economic(tax)base for the Ciry and improve employment opportunities in the downtown core. These opportunities will include approximately 1 S full-time jobs for the restaurant operator and several full and part time jobs for the operation of the residential building including management jobs, congierge staff, maintenance,janitorial, and engineering staff as well as numerous temporary jobs for construction workers, and other similar development related fzrms. a The development proposal accommodates the expansion or redevelopment of an existing economic contributor This proposed redevelopment improves the potential for this site to act as a positive economic contributor to the City. d. The proposed use provides for the provision of affordable housing; Not applicable. e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or 13 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Other developments with similar uses (ie. Waters Edge)exist in close proximity to this site. The redevelopment of the site, although involving a change in use, remains consistent with the Goals, Policies and Criteria established by the City in a manner consistent with the character district within which it exists. No rezoning is required due to the types of uses proposed. £ The proposed use provides for the development of a new, and/or preseroation of a working waterfront use. Not applicable. 6. Flexibility with regard to use,lot width,required setbacks,height and off- street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district Design changes are consistent with guidelines and do not alter the downtown character, but simply provide modernization and improvement in overall appearance, which will act to maintain the City's intent to balance future redevelopment with the established heritage of downtown Clearwater. b. The proposed development complies with applicable design guidelines adopted by the city; Confirmed(see Design Guidelines compliance below) c. The design,scale and intensity of the proposed development supports the established or emerging character of an area; As an adaptive re-use of an existing structure, we are not proposing a substantial change in scale or intensity of the uses on the site d. In order to form a cohesive,visually interesting and attractive appearance,the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; Horizontal fin elements are utilized to define and accent the pedestrian scale at the base of the building directly above the retail fa�ade. In addition a new horizontal roof element is utilized to reinforce the articulation of the building cap. 14 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC • Use of architectural details such as columns,comices, stringcourses,pilasters,porticos,balconies,railings,awnings, etc.; The skin of the building is enhanced with glass railings and new balconies. • Variety of materials,colors and textures; The existing monolithic off-white fa�ade has been enhanced with a modern and attractive combination of building colors and finishes. • Disrinctive fenestration patterns; The architect has provided an interesting combination of fenestration patterns on the building exterior with functional connections to the building interiors and unit layouts. • Building stepbacks; and The architect has maintained the existing structure of the building which contains step backs on the 4`h and S`"floors. • Distinctive roofs forms The new horizontal roof element enhances the "base, rr�iddle, top"architecture and provides shade for the roof amenity deck. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Please see requested flexibility comments and executive summaries on pages 2, 3 and 4 above. �s Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC COMPLIANCE WITH DOWNTOWN DESIGN GUIDELINES The proposed development complies with Downtown Design Guidelines as specifically described below and as identified elsewhere in this Nanative document. The form/massing of the existing building allows for an interesting interplay of height, width and depth which is appropriately maintained. The existing height(9 stories) remains unchanged, as does the step back at the 5`h floor which creates a substantial base. At the ground floor enhancements have been added to further define and reinforce the pedestrian experience and scale at the street level,including a transparent glass fa�ade(in lieu of the existing opaque fa�ade), additional horizontal fin elements and streetscape/landscape improvements. The depth is proportionate with the width and reads well from the corner exposure,and the step backs at floors 6—9 result in an aesthetically pleasing form/elevation. The proposed exterior architecture creates a pleasing rhythm and spacing of architectural elements and fenestration. These elements minimize the apparent height through banding, multiple colors,balconies, and railings,the appeal of the building is enhanced and improved over the monolithic and monotone existing appearance. The proposed structure contains separate primary entrances for each of the respective uses. The retail space fronting Cleveland has its own street level entrance,while there are entrances for the condominium building through a motor court on Osceola Ave(along with a private entrance from the secure parking lot). The parking lot is designed to comply with design guidelines by utilizing decorative fencing consisting of brick pilasters and aluminum picket fencing similar to that indicated on page 92 of the design guidelines document. Streetscape improvements on Osceola Avenue will correspond with those already in place on Cleveland Street. The roof is being converted from strictly mechanical uses (and of course building weather protection)to an exciting community amenity deck with great views of Clearwater Bay for the benefit of all building residents. The Art-Moderne architectural style and use of new materials respect traditional materials and forms, and the Cleveland Street faqade is consistent in scale and context in order to maintain the desired street feel. The redeveloped residential fa�ade incorporates step- backs and provides a successful transitioning from its more traditionally styled base to a more contemporary middle and top. The design and positioning of the tower's entry features and ground floor retail and restaurant spaces are in direct consideration of the planned future expansion of Coachman Park in addition the anticipated future demolition of the Harborview Center. 16 � � trirnw �I �x In;htt�ti��til C?...eic,�n;�i�t PAana,.l:,n,an( O�,vne�s PeF:res�i!fatinr Pro��-ct ft4an,7gemen( April 12,2013 Hand Delivered Mr.Mark Parry Planner III CITY OF CLEARWATER-PLANNING&DEVELOPMENT DEPARTMENT P.O.Box 4748 100 S.Myrtle Ave. Clearwater,FL 33756 Subject: FLD2013-03008—400 Cleveland Street Dear Mark: Enclosed herewith please find our detailed response to the City's DRC Comments pertaining to the above Subject Development which were received via email on April l,2013 and discussed at the Apri14,2013 DRC meeting. We are also providing a complete resubmission package(1 original and 14 copies)of each of the following: • Fle�ble Development Application • Project Narrative • Parking,Parking Access,D«mpster Enclosure&Encroachment Easement Agreement • Grant of Utilities Easement • Public Amenities Incentive Pool Application • Comprehensive Landscaping Application • Survey and Topo—Signed and Sealed • Civil Engineering,Landscape Design&Stormwater Narrative—Signed and Sealed • Architectural Plans,Elevations and Details—Signed and Sealed • Renderings Please note that the revised Parking Demand Study was provided to the City under separate cover. Sincerely, RIEKER&ASSOCIATES,INC. ��__�� w Mark Rieker President Cc: Michael Palmer—Synergy Engineering Moises Agami—400 Cleveland,LLC File Commercial Dev�lopment='O��ner RepresentaCion/Project Management Services 6t�1 N.Ulagnolia�,ve,S�ite 200:Orlando,FL 32801 ph:321.206.3399 fax:407.872.7334 �ir�n�<� �I;:In:tifu6�•nai � � C�,.Y{,��r._nt�,i<�i�.�� ir;��i;f im;v�ne,i ;F�E.sr;>;enlalion Pre)e�t Pvi��n_r:yYme��i The DRC reviewed this application with the following comments(responses in bold italics): Engineering Review Prior to Building Permit: 1. If the proposed project necessitates infrastructure motlifications 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 accortlance with Fire Department requirements. Acknowledged 2. As per community Development Code Section 3-1907B, Sidewalks/Bicycle paths and City Construction Standard Index No. 109 or Sidewalks,Applicant shall being all sub-standard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, inclutling A.D.A. standards(raised detectable tactile surfaces or truncated domes per FDOT Index#304 antl 310 FY 2012/13). Acknowledged General Notes: 1. DRC review is a prerequisite for Building Permit Review. Additional comments may be forthcoming upon submittal of a Building Permit Application. Acknowledged 2. Sheets 2 and 6-8 were not reviewed. This level of detail is not required for this submittal and will be reviewed prior to receipt of the building permit. Acknowledged Environmental Review General Note(s) 1. DRC review is prerequisite for Building Permit Review; atlditional comments may be forthcoming upon submittal of a Building Permit Application. Acknolwedged 2. As Asbestos Survey is usually requiretl prior to conducting any demolition or renovations. Contact Pinellas County Air Quality(727/464-4422)for more information. An asbestos survey has been performed and will be made available to the City upon request Pinellas County will be consulted prior to advancing abatement and/or demolition activities. Fire Review 1. This building is determined to meet the criteria of a High Rise Building as defined by the Florida Fire Prevention Code, 2010 Edition,therefore the requirements of a High Rise structure must be met. These requirements include, but are not limitetl to Fir Code items such as: Fire Pump and generator if pump is electric,sprinkler system throughout with control valve and water flow device on each floor, Class 1 Standpipe System, Fire Alarm using voice/alarm communication, Central Fire Control Station, firefighter phone system, Emergency lighting, and Standby Power as per NFPA 70, Pressurized Stairwelis, Stairwell marking and Elevator Lobbies. Please acknowledge ACKNOWLEDGE Commerci�l Development/Owner Representatian/Project��lanagament Services 5U1 N.MagnoEia Ave,S�ite 200,Orlando,�L 328Q1 ph:321.206.3399 f�:4�J7.&i2 7334 � � �irmei i<ii ?ti in;titu6�,�na1 C��,ielo�mr�it�1an�1 inri�it Own�r�Repr��enfaficm Pro�eet(v�l��na��emeni PRIOR TO C.D.B. Acknowledged 2. Provide ctarity the plan does not indicatetl if this structure has a basement. Please add additional sheet. ACKNOWLEDGE PRIOR TO C.D.B. Building does have a basement, and the appropriate plan sheet has been added by the architect and included in the updated submission package. 3. Provide Fire Flow Calculations/Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. Calculations/Water Study tlue PRIOR TO D.O. Acknowledged. Land Resource Review: Multiple oaks exist on site that are recommended for preservation. Preserve trees where possible,specifically tree#153 the forty-two inch live oak. Please be aware that code section 3-1404.E. allows for a 25% reduction in required parking for the preservation of trees. The current layout of the parking (the double loaded parking spaces to the north) appears to leave tree#153 in the middle of the drive aisle, however shoultl the parking configuration be modified and tree#153 to be located among parking spaces which would allow for a landscape island around the tree, preservation of this tree may be possible. If this tree is able to be preservetl provide a tree preservation plan by a certified arborist detailing how the recommendations in the Tree Inventory will be implemented. As described during the DRC Conference, the Owner and design/development team attempted numerous design options in order to save tree#153. In spite of our best efforts, and due to a combination of issues including meeting a critical requirement to provide at least one parking space per residential unit, conforming to Cify Code parking space size requirements,providing minimum drive aisle circulation widths and locations,and working within the limitations of the site due to the size and location of the existing structure and remaining open space on the parcel, the design of an acceptable layout allowing preservation of this tree was not possible. Provide a spread sheet expressing the total number of trees to be removed,calculating the DBH of all trees being removed with a rating of 3 antl above and the total proposed inches. Note: palm trees with 10'of clear trunk received a 1"deficit if removed and a 1" credit if proposed and accent trees receive a 2"deficit if removed and a 2"credit if proposed. Tree removal permit and associated fees and erosion control will be required prior to issuance of a builtling permit. We acknowledge the requirement to obtain a tree removal permit prior to issuance of a building permit An Arborist Report has been submifted outlining the trees to be removed and their condition, and the Landscape Architect has provided the recommended changes to their plans to enhance the landscaping and provide compensation for trees being removed. Planning Review General Site Plan and Application Comments Application and Request Clarifications 1. The stated request is incorrect. Please update the application with the following request: Con�mercial�cvelcpmenUOwr,er R�presentati�n�Prajeet Management 5ervi�s 6C'1 �J.M�gnolia F,ve:Suit�2C7�,Orlando,�� 32801 ph:321.206.3399 f�:407.872 7334 � »n��e� aal �In�Yi(�iU,nal � � C��el��inr�it�l�n�t� menl :.?'v'4C1�I;:�c�.+i'r.'.:,Hllfi3�IUtl F'rc�ect M<ina��menf Flexible Development application to permit a mixed use including an attached dwelling with 52 dwelling units(including two dwelling units from the Public Amenities Incentive Pool)with a height of XX feet as measured from grade to the top of the roof deck and of XX feet to the top of rooftop architectural embellishment, 52 single- stacked parking spaces(including two handicap spaces) (one parking space per dwelling unit)and 14 double-stacked parking spaces resulting in a total of 66 parking spaces(1.27 spaces per dwelling unit),4,478 square feet of restaurant/retail space with zero parking spaces in the Downtown (D) District as a Development Code(CDC) Section 2-903.D; and to permit more than 10 parking spaces in a row antl eliminate the interior landscape area as a percentage of the vehicular use are requirement as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Modifications to the Flexible Development Application, Pu61ic Amenities Incentive Pool Application and Comprehensive Landscape Program Application have been made in a manner consistent with both the DRC comments and subsequent design modi�cations made thereto. 2. Clarify the height of the building including height to top roof deck and to any architecturai elements. Building heights are clarified on the elevation sheets in the architectural design document package. 3. Provide a job value on the application if even a rough estimate. Application has been updated fo provide both the estimated construction value and the total project development value. 4. Clarify the gross floor area of the building. The application states that the existing and proposed floor area is/will be 98,387 where the narrative states that the existing nine-story office is 96,866 after demolition of the 2,470 square foot drive-through component. Clarify if this 2,470 square foot figure includes the apparent demolition of a portion of the northwest corner of the building (limited apparently to the first floor but it is hard to tell). Clarification of gross building square footage has been provided on the revised application as requested. 5. Clarify the amount of non-residential space. The application and narrative indicate 4,478 square feet where Sheet A101 of the architectural set indicates 5,224 square feet. The applications, floor plans and parking demand study have all been modified to reflect an increased amount of non-residential(restaurant/retail)area planned at a total of 6,500 square feet. 6. Clarify the size of the site. There is a minor discrepancy between the narrative (32,234 sq.ft.)antl the application (32,482 sq. ft.). Narrative and application documents clarify site size(which per plat documents is 32,500 square feet)and all documents are now consistent. Commerciai Develcpmer�UOwr�er Represen�a#ionlPrcjeet P�anegement Se�vices ��1 N.MagnoVia Ave:5uit�200,Orla��da,FL 32801 ph 921 206.3399 fax:407.872.7334 � � 'rrjmer i�i ;hi:hfuti�nal C��'�Ir1C m�r�l PA�n��ri2ien( CA,�aner�;Re�r;�senfation prc��ct hvi<ar�;�c3ement 7. Provide tletails with regard to the fit and finished of the dumpster enclosure. Dumpster enclosure will be designed to meet City of Clearwater requirements and will be architecturally consistent with the upgraded building design. This shall generally include CMU walls with stucco�nish and color to match the body of the building. Additional details will be provided by the architect for purposes of obtaining permits. 8. The easement agreements reference several exhibits each but these do not appear to be included with the submittal. Two small site plans one for the dumpster and one showing five parking spaces,are included but are not labeled as to what exhibit they are or were they collated with any particular easement agreement. In addition, two parcels are mentioned—Parcel A(subject site)and Parcel B(assumed to be the parking lot). The five parking spaces are located on,what should probably for these purposes be calletl, Parcel C(the property to the east of the Parcel A along Cleveland Street). It seems to me that there shoultl be an access,encroachment and dumpster easement agreement between Parcel A and B; a parking easement and encroachment agreement between Parcel A and C; a utilities easement between Parcel A, B and possible C; and an air rights restriction between Parcel A and C. All this neetls to be correctetl, clarified and collated. Easement agreements and their respective exhibits have been resubmitted and marked for clarity. 9. The sod parking associated with the 14 double-stacked parking spaces needs to be removed. Parking must be an improved surface such as pavers, asphalt or concrete. As discussed during DRC, no sod parking is included in the proposed development In addition, the double spaces have been removed in favor of oversized single-loaded spaces. 10. Clarify if there are electric sliding gates along North Osceola Avenue. It appears that there are but they are not labeled. There will be electric sliding gates at the entrance along North Osceola Avenue. They will be operated by remote control fo allow residents to open the gates from a reasonable distance while approaching the entrance. No public or service access will be allowed at this entrance. In addition,per the request of the traffic 11. Provide details on the 30"wall along Laura Street and North Osceola Avenue. Sheet C-04 states that the details are provided in an architectural detail but this detail does not appear to have been provided. In addition,the tlesign guidelines provide that parking lots adjacent to rights-of-way are to e screened with either a lantlscaped buffer or a solid wall or fence three feet in height. The landscape plan material proposed will not generally achieve the requisite height to meet this requirement. Fence details have been provided on revised drawings. 12. Clarify the vehicular use area and green space within the vehicular use area figures. The existing and proposetl green space figures of 3,046 square feet are the same Gcn�m�rci�l DevelopmenG�w�nef Repres�ntaCienlProyeet Manegement Services 641 N.Magnolia r�ve,Suite 2CG,Qrlando,FL 3280� ph 321.200.3399 fax;407.872 7334 � � irimA� i�i�In tit�ii3.3n�31 C?.�re1�3�inaiit M�n�7�uazrt Clvvners ReprFse�ilalfan Pro�ect fvlt�nagement and it appears as though the amount of interior green space is being reduced with the proposal. In adtlition, the site plan data table(Sheet C-04) provides that the VUA is 18,179 square feet where the application states it is 18,244. Please double check all figures and correct is needed. Site plan data tables and notes within application/narrative documents have been coordinated. 13. Clarify how loading uploading and other service components associated with the proposetl commercial space will occur. All short term loading and delivery vehicles will utilize the "Parcel B"drive aisle areas, for which cross access easements have been provided as part of the development application. On site management personnel will be responsible for access through electronic gates and coordination with those delivery companies. The Parking Study provided with this application identifies how the parking for commercial spaces planned within the development will be handled. 14. Clarify where mechanical and similar features will be located and how they will be screened. It is anticipated that external HVAC units(condensing units, exhaust fans and outside air units for the new residenfial units and related common areas)will be provided at two locations—at the sixth floor balcony area and on the new roof areas(both of which will be properly screenedJ. The emergency generator for the building will be located either on the ground fioor or in the basement, and will have appropriately designed and constructed fuel storage and exhaust manifolds. 15. If wireless communication facilities are contemplated, clarify how they will be treated on site with regard to screening. No wireless communication facilities are presently contemplated. 16. Clarify if any improvements are proposetl to the sitlewalk along North Osceola Avenue. It is our intention to bring the entire North Osceola Avenue sidewalk frontage up to the same design standard as that on Cleveland Street Civil plans have been modified to indicate these treatments. Additional details will be provided for approval during submission of plans for building permit. 17. Clarify if any LEED construction techniques(or other environmentally sensitive or efficient aspects)will be used with the project either in construction or as part of the finished product. Although we intend to utilize current design standards with regard to energy e�ciency and environmental design, this will not be a LEED certified project 18. Clarify how the proposal provides architectural points of agreement with adjacent properties. For example,discuss how window spacing patterns maintained or how Con�inercial DevslopmenL`O�r�ner Representalion/Projec(Managemen?Services 6G1 N.�vlagnoiia�ve,Sui,e 200,�r!an�o,FL 328�1 ph 321.206.338�r`�x:4(77.872 7334 � � mm�i �i?In tifuli�nal C� del��E r3� ��t M<�n��rm�nt Ctv�r�er�s f?eK resentation F�ro�.�ct Pvlana�:)emeni storefront windows blend into the pattern created by other adjacent properties. The proposed design for the existing building is in agreement with adjacent properties downtown.For example, the first floor storefront with public access provides a continuation of the design of the adjacent building to the east continuing the pedestrian experience already in place. The expansive glass allows pedestrian visual interaction and welcomes them to explore/utilize the spaces as well as lighting the adjacent public sidewalk at night The wall treatment above the storefront with louvered accent band continues a similar treatment from next door as well. The windows proposed on the upper floors are punched openings which not only align with the adjacent building but also enhance the Art Moderne style proposed. 19. Clarify what sorts of materials will be incorporated into the building and, specifically, the storefronts. Include mention of the materials used for the parapet walis at the sixth antl top floors—they appear to be glass or some other transparent material. Materials being proposed for the proposed renovation include predominantly stucco exterior walls, aluminum windows/storefront/sliding glass doors with tinted impact glazing and balcony/parapet railings which will be solid stucco low walls to screen HVAC equipment and glass. Color will be utilized to enhance the stucco walls in the Art Moderne style. 20. Provide a brief narrative on Art Moderne and how the proposal fits in with that style of architecture. Include a discussion pertaining to the materials, color, and even details such as door handles, wintlow trim, etc. It may be appropriate to round the corners of the building and incorporate other typical features of Art Moderne. In short, an argument needs to be made demonstrating that the proposal is consistent with the Art Moderne-style of architecture. The downtown district contains many variations of the Art Moderne design style which is why it is being proposed for the renovation. The sleek Art Moderne style originated in the Bauhaus movemen� which began in Germany. Bauhaus architects wanted to use the principles of classical architecture in their purest form, designing simple, useful structures without ornamentation or excess. Building shapes were based on curves, triangles, and cones. Bauhaus ideas spread worldwide and led to the International Stvle in the United States. Art Moderne ar� architecture, and fashion became popular just as the more highly decorative Art Deco style was falling out of favor. Many products produced during the 1930s, from architecfure to jewelry to kifchen appliances, expressed the new Art Moderne ideals.Art Moderne truly reflected the spirit of the early and mid-iwentieth cenfury. Expressing excitement over technological advancements, high speed transportation,and innovative new construction techniques,Art Modern design was highlighted at the 1933 World Fair Chicago. For homeowners, Art Moderne were also practical because these simple dwellings were so easy and economical to build. However, the Art Moderne or Streamline Moderne style was also favored for chic homes of the very wealthy. Ccmin�rcia!DevelopmenU��raner Representatian�Project P�anagement Services 601 N.Magnolia�ve,Suiie 200:Qrlardo,FL 32801 pl;:3212C6,3399 f�c:407,872.7334 � � ir�im�r �<ii �In tihifi>nal C�rreloF ni��vian�,7 mcnt :"r�vi2er;Fe�resentafi��r F'I�+JF��v�<3111CyC111cfii Common characteristics of Art Moderne that have been incorporated into the proposed renovation • Minimalist design features • Corner windows • Glass walls • Punched windows without trim • Chrome door hardware • Smooth exterior wall surfaces,usually siucco(smooth plaster finish)wi�►out excessive decorative trea6nent • Flat roof with coping • Horizontal grooves or lines in walls • Subdued colors:base colors were typically light earth tones,off-whites,or beiges;and trim colors were typically dark colors(or bright metals)to contrast from the light base. • Geometric forms • Dark Bronze aluminum window/storefronf/door frames 21. Clarify that existing overheatl utility lines along the north and west sides of the site will be placed underground with this proposal. The Owner/Developer will work with the electric utility and telecommunications service providers to bury any utilities that may be remaining on overhead poles on those particular portions of the site. The only caveat we must mention is that the Owner/Developer does not control the rights-of-way on those portions of the site, however anything we can do(within the realm of reason) will be done fo make this happen. 22. Clarify how the treatment of the corner of the building at Cleveland and Osceola meets the Design Guidelines. The primary entrance to the non-residential component should be placed at this corner of the building. The existing sidewalk/street grades prevent the 1st floor corner from being the primary entrance for the non-residential components. The grade along Cleveland street correlates with the existing finish floor elevation allowing handicap accessibility into these spaces. The existing grade at the corner heading north on Osceola begins falling at a fairly steady slope below the finished floor elevation fhereby precluding handicap or efficient access to the non-residential spaces. We will be exploring this space along Osceola for outdoor seating for the non-residential space thereby enhancing the pedestrian experience. 23. Clarify how the provision of three curb cuts along Osceola Avenue meets the Design Guidelines. This design feature appears to be at odds with the requirements of the Design Guitlelines. Staff is generally not in support of three curb cuts along Osceola Avenue(yes, we understand that there are three curb cuts there now but the point is to being properties in conformance with the Cotle, Plan and Guidelines and the argument that this is how it has always been done would negate any ability to Ccminercial Develop�nenV'Owner Representalion/Project il�anagemenl Services �C1 i�,Maynciia�ve,Sui;e 2C�Q:Orl�ndo,t�L 32�C�1 ph:321 206.3399 fax:407.872.733d . . �:::n�rr�er;i<si ?.13r.tifu(i:?na! pµ;elo�,n�ei�f hAa��ar�eir�r�it C,v�ner: R�presantatian Fr�je,t hfai�a�emenf improve things). The three existing curb cuts on Osceola Avenue provided access(over the past 40-50 years)to the service alley that joins the o�ce building and adjacent retail buildings on Cleveland Street,plus an entry and exit to and from the o�ce building parking lot and former bank drive through. In the current proposal, we are modifying these curb cuts to provide for more limited uses,including a one way motor lobby that wi11 furnish covered access for residential pickups and drop-offs and occasional taxi cab use,plus an additional resident only entry and exit parking lot access entry using electronic control gates.Moving vehicles for residents will be coordinated by on site management personnei so that ready access may be obtained through internal parking areas. Visitors will utilize street parking along Laura Street and elsewhere within the City street parking system. We met with the senior staff of the City's tra�c planning division, and have now obtained their support of our proposal(subject to the northern-most curb cut to be restricted to exit only)due to the limitations of the site and our carefully planned response. 24. Clarify how the entrance to the residential component of the building works. It is not clear how the site plan and elevation relate here. The primary residential access is from the proposed motor court off of Osceola which goes under the building at the northwest corner. This type of entry allows for stacking of cars dropping off or picking up residents profected from the weather to enhance fhe entrance experience(similar to a hotel). The main elevator lobby is directly accessible from the motor court for convenient resident access. 25. The dumpster location is at otlds with the Design Guitlelines. The dumpster should be staged within the building and rolled out on collection days and then removed back to the builtling. City of Clearwater Solid Waste Management has been consulted and has indicated that they are pleased with the proposed location for the shared dumpster, which also meets their specific trash equipment pickup requirements. They have further recommended a provision for recycle waste, which we are pleased with and are prepared to accommodate. Given our preliminary discussion, we believe the current design will allow for the recycling needs, and we will provide a set of recycling bins for the project with specific instructions to the management staff to provide for the requirements. The dumpster location is proposed to be freestanding out by the street in lieu of staged as a part of the building for many reasons. The existing building along the north side contains the existing bank vault with very thick, heavily reinforced concrete walls that are integral in the support of the building's structure making it unfeasible to thereby modify it The other areas adjacent to the building along the north are utilized for the required parking spaces and service access so the dumpsters will be staged in the proposed enclosure. 26. Generally,the elevations of the building appear to be a work in progress and do not Corr�mercial Devela�mer�lK)vdn�r RepresentationlPrajeet Maneyemen��ervices 501 N.Mag�o!ia Ave:Suite 20�J,Or(ar,�o,t=L 32801 �ah:321.206,3399 i�,4�J7.872.7334 � � rn�iiei ��I '.In�tit��ti�n��i C�a�al��n�.nl�vla�nat7 ii�t:�it t7UvCiBf a f2c�:�ie:°IIf�9Ci0tf F'rc��ect Ni�nagernanl seem quite finished. The project at this point may not be quite ready to proceed to the May CDB meeting. The design has advanced substantially and is at a point of completion we are comfortable as identifying as�nal. Details have been coordinated between floor plans and elevations ensuring that balconies and glass have been properly located and identi�ed,and we have provided specific details concerning the colors and materials for the building exterior as speci�cally requested elsewhere within the DRC comments. Lantlscape Plan Clarifications 27. Clarify how the proposetl landscaping will effectively screen the parking area. The parking areas will be screened using a combination of shrubs and decorative fencing designed to be consistent with City of Clearwater powntown Design Guidelines. See architectural and landscape plans for further details. 28. Provitle a landscape sheet which clearly shows through hatching or shading all interior green space as relatetl to intenor vehicular use area(s). Landscape Plans have been updated to provide the clarifications requested. Signage Clarifications 29. Please clarify if any signage is proposed. Be aware that signage is handled through separate permits antl are not included with building permits for site or shell work. The only signage contemplated for the project will be that required for project identity and for commercial tenants on the ground floor. We understand that our signage requirements will be subject to City signage ordinances and will prepare documents for permitting once those needs are more fully identi�ed. General Applicability Criteria Comments 30. Criterion 1 -It may be worthwhile to include a discussion as to how long the building has been in its present form(height) how it relates to other taller buildings in the area and how the proposed uses are consistent with established uses in the area. Narrative has been revised accordingly. 31. Criterion 2-It may bear mentioning that many surrounding properties have already been developed. You may also want to include a discussion relating to the consistency(generally speaking)of the project with the Downtown Plan, Design Guidelines and that the building has been vacant(largely)since 2008. Narrative has been revised accordingly. 32. Criterion 3-You may want to include a discussion as to how vacant buildings could negatively affect people in the area and how the proposal will revitalize a vacant builtling. Narrative has been revised accordingly. 33. Criterion 4-You may want to reference the City's Traffic Engineer rather than BPRC. Narrative has been revised accordingly. Commercia��evelopmenUOwrer Representalio�/Projeet Management Sarvices �01 N.'�ac�riolia Ave,5�ite 200,Qr(ando,�� 3Z801 ph�321 20�.3399fax;40�.8?2.7334 � � �mmea i�l�h�itituh�>n<�I p�•:el�:,��nent P,1an��-n3ar�f C?v�ner<,F��r�senlalion F'ra��;t't tviaiia�etnenl 34. Criterion 5—You may want to mention that the proposed architectural style is one that is recognized within the Downtown Core character district. Narrative has been revised accordingly. 35. Criterion 6—No comments. Comprehensive Infill Redevelopment Project(CIRP) Criteria Comments 36. Criterion 1 —Perhaps include a discussion as to how the site was developed with a small parking lot and given its existence the site, which would otherwise be exempt from parking requirements for the non-residential component of the project must otherwise provide all required parking. It may also bear mentioning that simultaneously meeting the intents and requirement of the Code, Downtown Plan, Design Guidelines and Comprehensive Plan while creating an economically viable development is not practicable. Narrative has been revised accordingly. 37. Criterion 2—It may be worthwhile to provide a bnef discussion regarding portions of the Comprehensive Plan around (Future Land Use Element) Goal 2,3,5 and 6-ish. Narrative has been revised accordingly. 38. Criterion 3—You many want to reiterate that not only have most of the surrountling properties been developed that the proposal is consistent with the Downtown Plan, Code and Comp. Plan. Narrative has been revised accordingly. 39. Criterion 4—No comments. 40. Criterion 5—You probably want to focus on sections a, b, and e in a bit more detail. Narrative has been revised accordingly. 41. Criterion 6—Confirm that the stepbacks are at the fourth and fifth floors. I thought they look more like the sixth floor. Stepbacks occur at the�fth floor on the south and west elevations,and at the majority of the east elevation,however the stepback at the northeast corner of the building occurs at the top of the sixth floor. See architectural plans for additional details. Comprehensive Landscape Program Critena Comments 42. Criterion 1 —No comments 43. Criterion 2—No comments 44. Criterion 3—Clarify the elements of the proposed streetscape improvements. Con�inercial C�evelepment�Owr�er Representatio�iProject Management Se!�ices 6Q1 N.Magnolia F�ve,S�.aite 200:Qr(anclo,F� 32801 ph:321.�06.3399#�:407,872.7334 � � �mm��iai �'?h�:Utiat�.>nai C��,el«K mant Man��-u��r�t t..iih'118f`.:�f'E�:�(�;911ft3liltfl F'r;:��ct f�iana��eme�if The intent is to mimic the existing streetscape improvements on Cleveland Street 45. Criterion 4—Perhaps add a discussion as to how the landscaping is appropriate for an urban setting and adequately buffers the atljacent rights-of-way from the proposed parking lot and its general conformance with the Design Guidelines. Narrative has been revised accordingly. 46. Criterion 5—You may want to consitler adding a detailed discussion relating the proposal to applicable portions of the Design Guidelines. Narrative has been revised accordingly. Parking Demand Study Comments 47. Make sure that the Study, application and site plan all show the same amount of non- residential square footage. The Study is using 4,251 sq.ft.where the application provides for 4,478 sq.ft. All pertinent documents have been updated and coordinated indicating the proper non-residential square footage(6,500 s�and parking requirements. 48. Clarify why the Study there are first references to restaurant use and then provides Code requirements for retail parking antl then at the end provides ITE stantlards for Quality Restaurant Land Use 931. The Study also provides that there are 66 spaces provided as part of the proposal where a retail use needs about 29 spaces resulting in a tleficiency of 30 spaces. This approach may muddy the waters, so to speak. The 66 spaces, as I understand it,are to be dedicatd to the residential component serviced by a 24-hour/seven-day valet. We need to focus on the parking requirements for restaurant because that use requires among the highest parking ratio in the D district. That means that if it is accepted that there is adequate parking to serve a restaurant and the use changes to retail,which has a lower parking requirement,that there should obviously be enough parking to support that use, too. The Study needs to provide this as its basis:for the purposes of determining the maximum parking requirement it is assumed that one or more restaurants will occupy all of the commercial space. Therefore, based on a range of between one and 1.5 parking spaces per dwelling unit(52 to 78 spaces)and between five and 10 space per 1,000 square feet of gross floor area(22 to 45 spaces)the parking requirement for the proposal is between 74 and 124 spaces. The proposal provides 52 code-compliant parking spaces with an adtlitional 14 double- stacketl spaces located northward of a row of 14 spaces(included in the 52 Code- compliant spaces)totaling 66 parking spaces. A private 24-hour/seven-day valet who will retrieve vehicles for residents will serve the parking lot. The CDC does not permit double- stacked parking spaces therefore part of this Level II FLD request is to consider these 14 spaces towards the overall parking count(66 spaces or 1.27 spaces per dwelling unit)or, conversely,to permit the development of the site with 52 parking spaces at one space per tlwelling unit. Cammerci�l Developmer�UOwr�er RepresentatioNPro;ect Management Seruices 5�1 N.Ma�nolia Ave,Suite 20C;Crlando,�(� 32809 ph:321.206.3399 f�:40i.872 7334 � � C�an�nercial2ln.�fufi�n<�I Develc,�,rrrYnt h9.i��<�:7�rnenf :��uvne�s Pe�?re,en(aiit>n Prc�ect Managemeni The non-resitlential component will not include any on-site parking spaces and will, rather, rely on existing public parking spaces located on surrounding streets(407 spaces) and within the Garden Street, Station Square and Municipal Services Building parking garages (250, 96 and 474 spaces, respectively). These spaces are in addition to various other parking lots scattered throughout the Downtown Core in the area bound by Drew Street, Myrtle Avenue, Clearwater Harbor and Chestnut Street. Altogether,there are over 2,000 parking spaces available within four blocks in any given direction of the subject site. In addition, it is expected that, with the Downtown serving as a government center for both the City and Pinellas County in addition to other downtown offices and businesses that a certain percentage of customers of the commercial space will walk to the site retlucing the need to detlicate parking for that space. See updated site plans and Parking Studies for additional clarity on proposed solutions. 49. The 1,000 foot radius map shows the site highlighted but the radius is not indicated. This should be rectified. Please reference updated Parking Demand Study dated 4/8/13 50. Clarify the purpose of providing the entire Flexible Standard Development section of the CDC(2-902) in the Study. Please reference updated Parking Demand Study dated 4/8/13 51. Please note that additional comments may be gerrerated at or subsequent to the DRC meeting based on responses to DRC comments. Acknowledged Planning Public Art Review 03/22/2013 - Due to the valuation of this project at $12,250,000, the Public Art and Design Program fee will be due and payable on this project prior to the issuance of a Building Construction Permit. This fee may be substantial and it is recommended that you contact Christopher Hubbard at 727-562-4837 to discuss the fee assessment. Separate meetings will be conducted with relevant City staff to discuss and agree upon the application of the Public Art requirements prior to CDB meetings. Stormwater Review Prior to Building Permit: 1. Demolition of the drive-through triggers the City's re-development criteria for the area under re-construction. Additional stormwater treatment and attenuation is required for the square footage of the drive-through demolition. Pursuant to discussions at DRC, although the City has indicated that attenuation may be required for the drive-through area, there may be options to either handle the necessary treatment on-site or perhaps pay into the City's fund for stormwater treatment in lieu of on-site treatment. Please see the updated Civil plans for additional details regarding this item. Comm�rcial Deveiooment/Owner ReK>rese�tatianiPraject Management Services 5C�1 N.P�lagnolia,�ve,Suite 2�i0,Jrlando,FL 32801 pn�321200.3399 fax:40i.8?2.7334 � � nii�7ei i�l �In��ful�.>n�! D,�elc;�m.iif M��n�,� n��i2t O�vner s Re�rrsentation Pre�.�ct Pviana!�emeni General notes: 1. All resubmittals shall be accompanied with a response letter addressing how each department condition has been met. 2. DRC review is a prerequisite for Building Permit Review; atlditional comments may be forthcoming upon submittal of a Building Permit Application. 3. At building permit application, applicant shall submit drainage report, soil report, and any other drainage related document as subit at DRC for review and record. 4. Retention/detention pond must be excavated antl sitle slopes sodded prior construction of storm drains. On-site drainage must be channeled to retention/detention pond. Above items are acknowledged. Traffic Eng Review Prior to Community Development Board: 1. Whenever access control equipment or barrier gates are used at the entrance to a parking lot, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or bamer gate per Community Development Code,Section 3-1402 I. As mentioned above, it is our intention to provide electronically controlled gates for private access to the residential lot Subsequent to mee6ngs wi�►the City, it is our intent to ensure that only residents are allowed access and that such access is provided using the most current and modern methods, including remote controls available through digital means within allowable distance requirements. 2. How does electronic gate work?Will there be a card reader or console? If so,show on site plan. See item 1 above. 3. There shall be no more than one entrance and one exit or one combinetl entrance and exit per property along any street unless otherwise determined necessary by the traffic engineer to alleviate congestion and improve traffic flow per Community Development Code,Section 3-14026 Addressed in Item#23 of the Planning Items noted above. 4. Show where the valet drop off area is and it's show circulation. Although there will be a full-�me concierge on sfaff at the site, there will not be a valet per se. The concierge will assist all persons dealing with the complications of the motor lobby and other related items. 5. Passenger loading area shall comply with 2012 Florida Accessibility Code For Building Construction,503-Passenger loading zones. Acknowledged. 6. For the double stack parking stall(s)label each stall distinguish which ones are for assigned resident parking and for valet parking. Markings shall be in white paint. Comm�scial Developn3enti0��vr7er RepresentaCiar�Pr�ject�lanapsment Serv(cas 601 N.Magno;ia Ave,Suiia 20C,Orl�nd�,F� 32801 ph:321.2�r.3399 fax:407.872 73'34 � � �nmri �al xlr��:titi�6:n�1 C�_.�elo�rn nt�1an��m�r�t L,!'v'4C1N(?,t`?8�'It,;PiVfdClCS(I ��Ci,f 5��v��:1Ii 3�J i:Il"lv I1 f Double stacked parking has been omitted. Please see revised plans. Prior to a Building Permit: 1. Provide site visibility triangles for circular tlriveway(one-way exit) along Osceola Avenue. There shall be no objects in the sight triangle which do not meet the City;s acceptable vertical heath cnteria at a level between 30 inches above grade and eight feet above grade. See updated plans.. 2. Provitle accessible sign detail compliant with City standards.(Index No. 119) http:l/www.mvclearwater.com/qov/depts/qw/enqin/Production/stdde�ndex.asp Acknowledged. General Note(s): 1. The proposed project will not incur any Transportation Impact Fee at this time the credits from existing use exceeded the TIF from new use. Acknowledged. 2. DRC review is a prerequisite for Building Permit Review; atlditional comments may be forthcoming upon submittal of a Building Permit Application. Acknowledged. Cami�erci�i DevelopmenUOwner Representa(ioniProject Management Senriees �t�1 N.�lagnoiia Ave,Suite 200,�rlando,FL 328Q1 ph:321206.3399 fax:407.872.733d ° learwater Planning& Development Department � l� Flexible Develo ment A lication _ p pp �' Attached Dwellings, Mixed-Uses or Non-Residential Uses IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEAOING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED IN PERSON(NO FAX OR DELIVERIES) TO THE PLANNING&DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF il COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES)AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS(1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $1,205 PROPERTY OWNER(PER DEED): 400 Cleveland,LLC(Moises Agami, MGR) MAILING ADDRESS: 400 Cleveland Street, Clearwater, FL 33755 PHONE NUMBER: (727)412-2121 EMAIL: moises.agami@roadtrack.net AGENT OR REPRESENTATIVE: Rieker&Assoc, Inc. (Mark Rieker)and/or Synergy Civil Engineering (Michael Palmer, P.E.) MAILING ADDRESS: 601 N. Magnolia Ave.,Ste 200,Orlando, FL 32801 /3000 Gulf to Bay,Ste 201,Clearwater, FL 33759 PHONE NUMBER: (321)206-4123[ofc], (321)287-5677[cell]/(727)796-1926 [ofc], (727)470-1344[cell] EMAIL: mrieker@riekerassociates.com/mpalmer@synergycivileng.com ADDRESS OF SUBIECT PROPERTY: 400 Cleveland Street, Clearwater, FL 33755 PARCEL NUMBER(S): 16-29-15-23814-000-0010 LEGAL DESCRIPTION: Earl&Tate's Sub Lots 1, 2,7,8&9 (See enclosed Survey documents for legal description) PROPOSED USE(S): Mixed Use DESCRIPTION OF REQUEST: (See enclosed Narrative for Description of Request) Specifically identify the request (include all requested code flexibility,• e.g., reduction in required number of parking spaces, height setbacks, lot size,lot width,specific use,etc.): Planning 8 Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 1 of 8 Revised 01112 `� �learw Planning&Development Department _ al��r Flexible Develo ment A li p pp cation �� Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS fORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: Downtown"D" FU7URE LAND USE PLAN DESIGNATION: Central Business District EXISTING USE(currently existing on site): Business PROPOSED USE(new use,if any;plus existing,if to remain):Comprehensive Infill Redevelopment(Mixed Uses) SITE AREA: 32,500 sq.ft. 0.746 acres GROSS FLOOR AREA(total square footage of all buildings): Existing: 98,849 sq.ft. Proposed: 112,085 sq.ft. Maximum Allowable: N/A(See Narrative) sq.ft. GROSS FLOOR AREA(total square footage devoted to each use,if there wili be multiple uses): First use: 105,585 sq.ft. Second use: 6,500 sq.ft. Third use: N/A sq.ft. FLOOR AREA RATIO(total square footage of all buildings divided by the total square footage of entire site): Existing: (See Narrative) Proposed: (See Narrative) Maximum Allowable: (See Narrative) BUILDING COVERAGE/FOOTPRINT(1�`floor square footage of all buildings): Existing: 13,661 sq.ft. ( 42.0 %of site) Proposed: 11,191 sq.ft. ( 34.4 %of site) Maximum Permitted: N/A sq.ft. ( N/A %of site) GREEN SPACE WITHIN VEHICULAR USE AREA(green space within the parking lot and interior of site;not perimeter buffer): Existing: 3,065 sq.ft. ( 9.4 %of site) Proposed: 3,065 sq.ft. ( 9.4 %of site) VEHICULAR USE AREA(parking spaces,drive aisles,loading area): Existing: 15,774 sq.ft. ( 48.6 %of site) Prop�sed: 18,244 sq.ft. ( 56.2 %of site) Planning 8 Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 2 of 8 Revised 01/12 IMPERVIOUS SURFACE RATIO(total square footage of impervious areas divided by the total square footage of entire site): Existing: 90.6 % Proposed: • ° Maximum Permitted: DENSITY(units, rooms or beds� per acre): BUILDING HEIGHT: EX;St;ng: See Narrative Existing: 124' - 5" Proposed: ee arra ive Proposed: - Maximum Permitted: e�a� Maximum Permitted: OFF-STREET PARKING: Ex;st;,,g: See Narrative Proposed: ee arra ive Minimum Required: ee arra ive WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $see narrative ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: Nortn: Downtown "D" soutn: own own East: own own west: own own STATE OF FLORIDA,COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this �� day of representations made in this application are true and `� accurate to the best of my knowledge and authorize • d or by City representatives to visit and photograph the �� w o is personally know property described in this application. roduced p identification. Signature o roperty owner or representative public, �o�P".:�e�,c ERALD P.GUNKEL # * MY COMMISSION#EE 053494 My commission expires: ;Januar 2 1 'qr �`O Bonded Tfvu Budpet Notary 58rvieet � Planning&Development Department, 100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 3 of 8 Revised 01/12 ° �p Planning&Development Department � � carwater Flexible Development Application � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATION, ALL FLD APPLICATIONS SHALL INCLUDE A SITE PLAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS: � Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shall be used to provide these responses. 0 Responses to the General Applicability criteria set forth in Section 3-914.A. The attached Flexible Development Application General Applicability Criteria sheet shall be used to provide these responses. 0 A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. N/R r� If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S.§723.083,the application must provide that information required by Section 4-202.A.5. N/R �g if this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other similar marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks. 0 A site plan prepared by a professional architect,engineer or landscape architect drawn to a minimum scale of one inch equais 50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: � Index sheet of the same size shall be included with individual sheet numbers referenced thereon. � Nortn arrow,scale, location map and date prepared. � Identification of the boundaries of phases, if development is proposed to be constructed in phases. a Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard Area,and the Base Flood Elevation (BFE)of the property, as applicable. � Location,footprint and size of all existing and proposed buildings and structures on the site. � Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site,with proposed points of access. 9 Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalls and any proposed utility easements. � Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit. � Location of solid waste collection facilities, required screening and provisions for accessibility for collection. N/R � Location of off-street loading area, if required by Section 3-1406. � All adjacent right(s}-of-way, with indication of centerline and width, paved width, existing median cuts and intersections and bus shelters. � Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building separations. � Building or structure elevation drawings that depict the proposed building height and building materials. Planning 8�Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 4 of 8 Revised 01/12 � Typical floor plans, including floor plans for each floor of any parking garage. � Demolition plan. �0 Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentally sensitive areas. � !f a deviation fr0171 ±he parking standards is requested that is greater than 50% (excluding th�se standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. Please see the adopted Parking Demand Study 6uidelines for further information. � A tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and identifying those trees proposed to be removed, if any. � A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and condition of such trees may be required if deemed applicable by staff. Check with staff. N/R � A Traffic Impact Study shall be required for all proposed developments if the total generated net new trips meet one or more of the following conditions: ■ Proposal is expected to generate 100 or more new trips in any given hour(directional trips, inbound or outbound on the abutting streets)and/or 1,000 or more new trips per day;or ■ Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Plan to unacceptable levels;or ■ The study area contains a segment of roadway and/or intersection with five reportable accidents within a prior twelve month period, or the segment and/or intersection exists on the City's annual list of most hazardous locations, provided by the City of Clearwater Police Department;or ■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review process. Examples include developments that are expected to negatively impact a constrained roadway or developments with unknown trip generation and/or other unknown factors. � A landscape plan shall be provided for any project where there is a new use or a change of use;or an existing use is improved or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the foilowing information, if not otherwise required in conjunction with the application for development approval: � Location, size, description, specifications and quantities of all existing and proposed landscape materiais, including botanical and common names. � Existing trees on-site and immediately adjacent to the site, by species,size and location, including drip line. � Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and vehicular use areas. � Location of existing and proposed structures and improvements, including but not limited to sidewalks, walis, fences, pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines, sanitary sewer lines, storm drains, seawalls, utility easements, treatment of all ground surfaces, and any other features that may influence the proposed landscape. C�d Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing. 5d Drainage and retention areas, including swales,side slopes and bottom elevations. � Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. Pianning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 5 of 8 Revised 01/12 ° learwater Planning&Development Department � � Flexible Develo ment A lication p pp U General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX(6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAII,THE CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL. 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. (See Narrative) 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. (See Narrative) 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. (See Narrative) 4. The proposed development is designed to minimize traffic congestion. (See Narrative) 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. (See Narrative) 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,on adjacent properties. (See Narrative) Planning 8 Development Department,100 S.Myrtle Avenue,Ctearwater,FL 33756,Tei:727-562-4567;Fax:727-562-4865 Page 6 of 8 Revised 01/12 o � er Planning&Development Department � C �arwat Flexible Develo ment A lication p pp " Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S)BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(S)IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW,IN DETAIL,EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL(USE SEPARATE SHEETS AS NECESSARY). 1. (See Narrative) 2. 3. 4. 5. 6. 7. 8. Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Faz:727-562-4865 Page 7 of 8 Revised 01/12 ° �learwater Planning&Development Department Flexible Development Application � Affidavit to Authorize Agent/Represent�tive 1. Provide names of all property owners on deed–PRINT full names: � �� a S `T�-�, �- R�� -3�:,�_�Vi_�-^ "_� �a-�-�� S��_a v�-� 2. That(I am/we are)the owner(s)and record title holder(s)of the following described property: `�� = t��,�.��.�v�Gf 3. That this property constitutes the property for which a request for(describe request): t,l�l 1-,dn l� G'"t2�;�1 S'C VtiL 1 1�1. ��.�,� i'f..l% �.,i�'(��..i!��%;��]n,�.�P�y �- � 4. That the undersigned(has/have)appointed and(does/do)appoint: ' ( /�-�� i -� t�''�C y' �� /�i�,�..�v' /➢''��c',/L?d' � ;a�,�,�,; �--��,�d/�� as(his/their)agent(s)to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Fiorida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That(I/we), e undersigne�Gj a},ithority,hereby certify that the foregoing is true and correc . , � � _..:�52 °- �� , �' erty Owner Pr e Owner �. , � �' i __--.�,,.:.";,�J�2, ..._.� Property Owner Property Owner STATE OF FLORIDA,COUNTY OF PINELLAS BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS�� DAY OF �C�) , , PERSONALLY APPEARED � �i G�,.� ,� C.L�i�� WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. �� V , :�o�µ'^��i�� S�PHAIVIE K. VOUTSINAS , :,.:�'� ;= MY COMMISSION#EE 112121 � � : :' ;�' EXPIRES:July 14,2014 Notary Public Signature �ry�°i^�•' 9ondea nr�ro �Y�blic UrWe�y„r�rs Notary Seal/Stamp My Commission Expires: ( l�� Planning&Development Department, 100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax: 727-562-4865 Page 8 of 8 Revised 01/12 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Case number: FLD2013-03008 --400 CLEVELAND ST Owner(s): 400 Cleveland, LLC 400 Cleveland Street Clearwater, FL 33755 Applicant: Moises Agami,MGR Phone: 727-412-2121, Email: moises.agami(a�roadtrack.net Representative: Mark Rieker 601 N. Magnolia Avenue Suite 200 Orlando, FL 32801 Phone: 321-206-4123,Fax: No fax, Email: Mrieker(a�riekerassociates.com Location: 400 Cleveland Street; northeast corner of Cleveland Street and North Osceola Avenue. Atlas Page: 286B Zoning District: Downtown Request: Flexible Development application to permit a mixed use including an attached dwelling with 52 dwelling units (including three dwelling units from the Public Amenities Incentive Pool)with a height of 13T-6"feet as measured from grade to the top of the elevator machine room roof deck, 52 single-stacked parking spaces (including two handicap spaces) (one parking space per dwelling unit), 6,500 square feet of restaurant/retail space with zero parking spaces in the Downtown (D)District as a Comprehensive Infill Redevelopment Project,under the provisions of Community Development Code(CDC) Section 2-903.D.; and to eliminate the interior landscape area as a percentage of the vehicular use area requirement as part of a Comprehensive Landscape Program under the provisions of 3-1202.G. Proposed Use: Mixed Use Neighborhood Clearwater Neighborhood Coalition Association(s): t Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Proposed Development Pro rg am: Existing gross floor area: 98,849 gsf(includes basement, all office floors and enclosed portion of roo fl Proposed gross floor area: 112,085 gsf(includes demolition of existing 2,470 square foot drive thru element plus addition of balconies and enclosed floor space at floors 2-9 in order to accommodate losses in area at east side of building,roof amenity deck and elevator machine room) Restaurant/Retail areas: 6,500 sf(included in gross floor area proposed above) Residential dwellings: 52 units(105,585 gsf inclusive of all dwelling areas, balconies, amenity areas, lobby, service, storage and common areas) Estimated project values: $6.5 million(estimated construction cost) $12.25 million(estimated total project value) Parking Summary: See Parking Demand Study dated 4/8/13 for additional details Code Ratio Code Min Spaces Spaces Provided RetaiURestaurant(6,500 s�x S/1000sf 33 0 Subtotal(On-site Spaces) 33 0 Subtotal (Off-site Spaces) 0 33 Existing Office Parking spaces(actual) - 26 Residential (Single loaded) 1.00/unit 65 52 Development Density Calculations: 1. Non-residential uses/density calculations: Retail 6,500 sf=4.0 FAR density= 1,625 sf land required Land required for non-residential uses: 1,625 sf(0.0373 acres) 1. Residential density calculations: Total Land within development parcel 32,500 sf(per plat) Less land required for non-residential uses 1� ,625� sf Land available for residential use 30,875 sf =43,560 sf/acre= 0.7088 acres land available x 70 units per acre= 49.62 units entitled(code basis) Proposed residential density 52 units Quantity of units requested from Bonus Pool 3 units i Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC BACKGROUND AND DESCRIPTION OF DEVELOPMENT PROPOSAL: General Project Description: The proposed project involves redevelopment of an existing 9 story building, transforming it from business use to residential and retaiUrestaurant uses in conformance with the Goals, Objectives and Policies established by the City of Clearwater Land Use/Redevelopment Plan,the criterion defined in the Comprehensive Infill standards, and appropriate design standards as described within the Downtown Design Guidelines as further described herein. The project has been designed to enhance the Downtown Core District's policies and contributes positively to the vision of the character district. The design makes meaningful contributions to the pedestrian environment by adding high quality street level retail/restaurant space,providing marketable residential units in a highly desirable location in downtown, and improving the streetscape on Osceola Ave in a manner consistent with that recently completed by the City on Cleveland Street. The e�sting office building was vacated in late 2011 by its final lease tenants,Pinellas County and Commonwealth Capital Securities, and it has remained unoccupied since that time. The original building was constructed in 1960 as a single user 4 story bank building facility and was expanded in 1971 to add floors 5 through 9,resulting in the current 9 story multi-tenant building configuration with AmSouth Bank as its latest anchor bank tenant. AmSouth decided to vacate the building in 2008 in order to upgrade its facilities to more modern conditions. In spite of the owner's best efforts, re-leasing the building has been unsuccessful and it has proven to be virtually unmarketable. The existing building lacks today's most critical physical elements to make it attractive to modern office users, and considering the significant vacancy rates of higher quality competing spaces in other downtown locations,the building is likely to remain vacant for the foreseeable future. A repositioning of the asset is therefore contemplated in order to avoid a complete loss of value to the current owners as well as a potential blight to downtown Clearwater. Given the limitations of an existing structure of this type, certain flexibility is requested from the City in order to make it successful. We have endeavored to achieve every possible element of compliance within the context of the respective City guidelines and on the whole believe we have achieved a result that will be beneficial to the City's downtown core,the investors in the project, its residents, neighbors and visitors. 3 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Flexibility Requests/Executive Summaries: Parking Flexibility Requests/Parking Demand Study The proposed private residential parking lot provides 1 dedicated parking space per unit, (inclusive of 3 handicap-compliant spaces)resulting in a total parking count of 1.00 cars per unit. Private 24/7 Concierge service furnished as part of the condo owner's association regime will provide assistance to residents for coordination and retrieval of vehicles. In addition, our application proposes that sufficient off-site parking exists in the immediate vicinity for the new retail/restaurant uses. A Parking Demand Study has been furnished as part of this application and should be referenced for additional details supporting our proposed approach. Grant of Utilities Easement As requested by the City of Clearwater at the BPRC meeting for this project, a draft "Utility Easement Agreement"has been enclosed for review. This agreement provides a non-exclusive utility easement over the area identified in the survey as the previous alley (which was vacated as part of a previous development proposal). Vehicle Access & Easement Agreement In order to ensure proper vehicular circulation for the residential parking lot and reduce the impact of entry and exit requirements on Osceola Ave.,this Development Application contemplates reorganization of spaces and provision of shared access and dumpster pad between the 400 Cleveland parcel, and the adjacent parking area to the east(Parcel ID# 16-29-15-23814-000-0100 owned by Mainstreet Clearwater Development, LLC). (See the enclosed draft"Reciprocal Access and Easement Agreement"for details). Parking,Dumpster Enclosure and Encroachment Easement Agreement In order to ensure that the condominium residents may rely upon the long-term use and benefit of certain requisite private parking spaces which extend outside of the 400 Cleveland, LLC property line,to create shared access for the dumpster, and to provide for de minimis encroachments involved in the development and construction of the Condominium Development, this Easement Agreement has been prepared. Comprehensive Landscaping Application This site was originally developed in 1960 as a 4 story bank building, expanded to 9 stories in 1971,and is located on an extremely compact urban parcel. We have worked to provide an optimal and effective site plan,however existing site size restrictions have limited the design team's ability to provide all of the necessary code related landscaping. Please see the enclosed"Comprehensive Landscape Program" application, in addition to the Civil and Landscape plans, for further details. 4 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Public Amenities Incentive Pool Application Our primary objectives in the redevelopment of this property are to avoid potential blight in the downtown core, encourage growth and vitality of the area overall, and to add to the value of the property for the benefit of its residents, owners and the City alike. We have thoroughly examined current market conditions and the limitations of the current building and have determined that greatest redevelopment potential is for residential uses due to current absorption and lack of competing developments. However, we are constrained by certain existing conditions including the existing building size. In order to provide unit sizes marketable within current market conditions(2 Bedroom units averaging approximately 1,200 sf each)while avoiding unused/wasted space in the existing structure, a total of 52 units became the design result. Per the calculations noted on page 1 of this Narrative,the site is short of its necessary residential density by 2 units in order to support the proposed design program. We are therefore requesting 2 bonus units from the Public Amenities Incentive Pool. Please see application enclosed for additional details. s Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC GENERAL APPLICABILITY CRITERIA: Provide complete responses to each of the six(6)General Applicability Criteria explaining how, in detail,the criterion is being complied with per this development proposal: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The Downtown zoning and redevelopment criteria permits and encourages residential and retail uses to attract people to live, play and work in the downtown area, and while minor flexibility is requested on several items as described herein, we have maintained substantial consistency with the scale, bulk, coverage and density of the site within the context of an adaptive re-use project. The proposed development is also in harmony with the Downtown Design parameters established for the district as well as surrounding buildings. Proposed street facades on both Cleveland and Osceola Streets are enhanced with pedestrian friendly retail/restaurant spaces as well as corresponding streetscape improvements consistent with established downtown design standards and guidelines. The current building has been in existence at its present height since approximately 1971 and is in the immediate vicinity of Waters Edge which is more than twice its height. There are also several mid-rise and low rise buildings nearby. The minor change in height remains consistent with the character of the area and does not significantly change its relationship to its surroundings. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposed development will contribute significantly to the revitalization of downtown, and will provide a community atmosphere where residents can live, work, and recreate, all within walking distance of their front door. It also allows for direct access to outdoor events at Coachman's Park, the updated Capital Theater, downtown retail areas, public library access, and local restaurants. The proposed development is expected to enhance property values and contribute to additional local development opportunities. More importantly, the redevelopment will avoid a blighted condition in downtown, which would vastly diminish City tax revenues, property values and the overall well-being of the immediate area. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. Considering the nature of the proposed development, the region will certainly benefit from a more inviting, active and secure environment for residents and visitors. It will also avoid a condition where a vacant building could attract the wrong"element"to the downtown core. 6 _ Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RES[DENCES 400 Cleveland.LLC 4. The proposed development is designed to minimize traffic congestion. The proposed development is designed to minimize traffic congestion. The previous use of this building as office was much more traffic intensive than the proposed Residential/Retail Comprehensive Infill use. Thus,the redevelopment includes an enhanced traffic element recognized by the City's Traffic Engineer as a reduction in total trips for the Downtown Core and thus eliminating the need for a traffic study. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The development proposal will rehabilitate and modernize the existing building into a quality urban design consistent with the Plan including the redevelopment of the building elevations and fa�ade. The architect has chosen an Art Moderne style faqade which is in keeping with the Plan and is recognized within within the downtown core character district. The proposed development is enhanced with pedestrian-friendly retaiUrestaurant elements and an architectural style respectful to the historic fabric of Clearwater. The proposed development is consistent with the City's harmonious vision for the district while setting a stage for additional high quality development leveraging the momentum of current development activity both proposed and approved. 6. The design of the proposed development minimizes adverse effects,including visual, acoustic and olfactory and hours of operation impacts,on adjacent properties. No adverse effects are anticipated to the existing visual, acoustic or olfactory environments as a result of the proposed redevelopment. To the contrary, we anticipate an improved downtown environment as a result of the successful redevelopment of the site. Provide a detailed nanative describing how the proposal meets the Goals, Objectives and Policies of the Clearwater powntown Redevelopment Plan. Goal 1: Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Objective lA: All development within Downtown shall further the goals,objectives and policies of this Plan and shall be consistent with the character districts,the design guidelines and the Downtown zoning district. In direct conformance with this Goal,redevelopment of this property proposes residential use as encouraged in the Downtown zoning district as well as ground � Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC floor retail/restaurant uses. Per Policy#1, the updated building design provides the intended quality improvements and features expected for renovations of this type(and as further described within the design guidelines response herein). Per Policy#2, the site plan is consistent with specific requirements of the character district including appropriate landscape treatments, decorative fencing and streetscape elements. Per Policy#3,the site and building design provide meaningful contributions to the pedestrian environment with dining opportunities that engage the public with extensive clear glass at the ground floor retail/restaurant exposures on Cleveland and Osceola Streets(in lieu of the existing opaque facades), adding to the current residential density downtown,and reducing the traffic burden versus that imposed by office/business uses. Objective lE: A variety of businesses are encouraged to relocate and expand in Downtown to provide a stable employment center,as well as employment opportunities for powntown residents. Although the 400 Cleveland Street office building provided a functional business location for many tenants over the past 50 years, the structure has become obsolete for these uses in the modern office environment. The owners of the property are very interested in enhancing the momentum created by surrounding public and private investments including but not limited to Waters Edge Condominium(which is now more than 90% sold out),the Cleveland Street Streetscape and Landscape improvements,the recently announced Capital Theater renovation/expansion,the Aquarium project, and others. The current Objective 1F: Cleveland Street shall be maintained as Downtown's Main Street which is valued both for its historic character and scale of development and for its function as the major retail street. Redevelopment of this site maintains and further enhances the Main Street character and retail capacity along Cleveland Street. The scale of the development remains what has existed at this location for the past 50 years,thus no significant change is proposed other than use. Objective 1G: Residential uses in Downtown are encouraged with a variety of densities, housing types and affordability consistent with the character districts. The economic downtown has resulted in considerable losses for condominium developments over the past 6 years, and precious few opportunities for residential projects have existed recently due to poor market conditions. Fortunately, Clearwater remains a desirable place to live and the City has shown remarkable resiliency in filling empty residential units, albeit at significantly lower rates than those proposed when those developments were conceived. By taking advantage of an existing,well-constructed structure and partnership opportunities within the City, we will provide well-appointed residences at a relatively moderate price point for those interested in downtown living opportunities while enhancing the quality and diversity within the overall downtown living environment. Objective 1H: A variety of incentive shall be available to encourage redevelopment within the Downtown. s Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Objective lI: The City shall use all existing incentive to encourage Downtown housing and shall evaluate other incentive to encourage residential uses to relocate Downtown. Consistent with the two Objectives noted above and the hardships endured given the vacancy of the existing building,the owner intends to explore opportunities with the City to ensure the successful redevelopment and fmancing of this project. Additional specifics will be discussed with the City at the appropriate times and in the appropriate venues. Objective 1K: Downtown shall be a safe environment for both residents and visitors by addressing real and perceived public safety issues. Corresponding with this objective,redevelopment of this property as proposed will improve the safety of the downtown environment by taking away unintended opportunities for vagrancy and/or loitering on the property. Goal 2: Create an environment where both people and vehicles can circulate throughout Downtown safely and effectively. Objective 2A: The Downtown street grid should be maintained to provide multiple access points in and through Downtown,to assist in dispersing traffic on various routes and contribute to improved traffic operations. Vacation of streets shall be evaluated based on redevelopment potential provided alternative access exists or can be provided. Our proposed design maintains multiple access points in a manner very consistent with those already in place on the site, specifically along Osceola and Laura Streets. Therefore, familiarity among those who frequently drive these streets will not be altered. Objective 2B: Cleveland Street and Fort Harrison Avenue shall be reclaimed as local streets to operate within Downtown for vehicular and pedestrian circulation. Our redevelopment proposal does not affect the Cleveland Street improvements already put in place by the City of Clearwater, and thus does not adversely change vehicular or pedestrian circulation. The property is not proximate to Fort Harrison Avenue. Objective 2H: A variety of parking solutions for motorized and non-motorized vehicles shall be pursued to support redevelopment while maintaining ease of access and parking throughout the Downtown. Our proposed redevelopment plan incorporates a Parking Demand Study and contemplates use of the City owned parking systems downtown for support of the ground floor retail/restaurant uses. See the enclosed Parking Demand Study for additional details and information. 9 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Objective 2I: Redevelopment and public improvements shall create and contribute to pedestrian linkages throughout the Downtown. Given the proximity to existing and proposed public and private entertainment, educational, recreational and retail opportunities within walking distance of this property, our proposed residential redevelopment use clearly creates and enhances pedestrian linkages. Goal 3: Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. Objective 3A: Coachman Park shall be redeveloped and expanded as a waterfront park accessible to all residents and visitors containing active and passive open space, a improved regional outdoor entertainment venue and a marina. Anticipating additional efforts to be made by the City with regard to this objective, our redevelopment focuses on activating the Osceola Avenue street fa�ade in addition to the Cleveland Street retail exposures. Objective 3D: Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. Our proposed redevelopment plan respects the heritage and character of the downtown environment by utilizing existing building forms, yet incorporating modern fa�ade improvements, improved fenestration,balcony elements and warm colors in keeping with the current downtown vernacular. 1. Vision:Downtown Clearwater is a major center of activiry, business and governments. The development proposal will result in the adaptive reuse of an existing office building into a mixed-use retail and residential property. The existing building has been vacant for over a year. The proposed redevelopment will generate new consumer "activity" that will help to stimulate the surrounding neighborhoods and further this Vision statement. 2. Vision: Downtown will be an integrated community with a mix of retail, residential, office and recreational opportunities. The development proposal will provide neighborhood and community-scale uses including a mix of modernized retail and upscale condominium units with a variety of amenities. 3. Vision: Quality urban design is critical to new construction and renovated buildings. � io Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC The development proposal will rehabilitate and modernize the existing building into a quality mixed-use, urban design consistent with the Plan including the redevelopment of the building elevations and fa�ade. The architect has chosen an Art Moderne style fa�ade which is in keeping with the Plan. 4. Vision:An adequate parking supply must be available coterminous with new uses. The development proposal provides a total of 52 on-site parking spaces. Please see the enclosed parking demand study for additional details. tt Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The proposed development is located on an existing land-locked site with limitations that impose significant challenges with respect to parking requirements, landscape requirements and densities. The previous design and development of the site included a small parking lot and a specific use and given its existence to the site would otherwise exempt it from parking requirements for the non-residential component of the project. A parking demand study performed in conjunction with the application process illustrates that si�cient parking exists within the City grid for the non-residential uses. We have outlined the desired flexibiliry items on pages 2 and 3 of this Narrative. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan,as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district The redevelopment has been proposed to remain consistent with respective goals and policies of the Comprehensive plan, including the conversion of the property from Business to Residential and Retail uses, enhancing pedestrian linkages, and updating the aesthetic appeal of the building and site in conformance with downtown design guidelines and land use/Yedevelopment plan requirements. The redevelopment of this site will contribute to the City's goal of increasing and improving upon residential options in the downtown core,protecting and improving property values, achieving a design that implements the vision of the character district and helping to create a pedestrian friendly environment. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties Given that the redevelopment is proposed to meet the goals, objectives and policies of the Ciry of Clearwater as described herein, we do not anticipate any effects on the development or improvement of surrounding properties. Those properties have already been developed(and in some cases redeveloped), and our proposal is consistent with the Downtown Plan, Community Development Code and Comprehensive Plan. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. One property directly adjoins the subject redevelopment site. The adjacent property is owned and controlled by Mainstreet Clearwater Development, LLC which shares the same o�cers (Members)as that of i2 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC 400 Cleveland Street, LLC and it is reasonable to assume that a property owner would not allow detrimental affects to its own adjacent parcel. The intent of 400 Cleveland LLC is to enhance the valcse of its neighboring retail parcel. 5. The proposed use shall otherwise be permitted by the underlying future land use category,be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; Residential and Retail/Restaurant uses are permitted in the Downtown zoning district. These uses are encouraged in the Comprehensive Plan as essential elements to meet the City's goals for the downtown district. b. The proposed use would be a significant economic contributar to the city's economic base by diversifying the local economy or by creating jobs; If successful, the redevelopment of this property will convert a vacant off ce building to a vibrant residential use with ground floor restaurants and/or retail. Both uses will contribute positively to the economic (tax) base for the City and improve employment opportunities in the downtown core. These opportunities will include approximately 1 S fisll-time jobs for the restaurant operator and several full and part time jobs for the operation of the residential building including management jobs, congierge staff, maintenance,janitorial, and engineering staff as well as numerous temporary jobs for construction workers, and other similar development related firms. c. The development proposal accommodates the expansion ar redevelopment of an existing economic contributor This proposed redevelopment improves the potential for this site to act as a positive economic contributor to the City. d. The proposed use provides for the provision of affordable housing; Not applicable. e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or 13 Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC Other developments with similar uses (ie. Waters Edge) exist in close proximity to this site. The redevelopment of the site, although involving a change in use, remains consistent with the Goals, Policies and Criteria established by the City in a manner consistent with the character district within which it exists. No rezoning is required due to the types of uses proposed. £ The proposed use provides for the development of a new, and/or preservation of a working waterfront use. Not applicable. 6. Flexibility with regard to use, lot width,required setbacks, height and off- street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district Design changes are consistent with guidelines and do not alter the downtown character, but simply provide modernizatiorz and improvement in overall appearance, which will act to maintain the City's intent to balance future redevelopment with the established heritage of downtown Clearwater. b. The proposed development complies with applicable design guidelines adopted by the city; Confirmed(see Design Guidelines compliance below) c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; As an adaptive re-use of an existing structure, we are not proposing a substantial change in scale or intensity of the uses on the site d. In order to form a cohesive,visually interesting and attractive appearance,the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; Horizontal fin elements are utilized to define and accent the pedestrian scale at the base of the building directly above the retail fa�ade. In addition a new horizontal roof element is utilized to reinforce the articulation of the building cap. ia Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC • Use of architectural details such as columns, comices, stringcourses,pilasters,porticos,balconies, railings, awnings, etc.; The skin of the building is enhanced with glass railings and new balconies. • Variety of materials, colors and textures; The existing monolithic off-white fa�ade has been enhanced with a modern and attractive combination of building colors and fznishes. • Distinctive fenestration patterns; The architect has provided an interesting combination of fenestration patterns on the building exterior with functional connections to the bitilding interiors and unit layouts. • Building stepbacks; and The architect has maintained the existing structure of the building which contains step backs on the 4`�`and S`�`floors. • Distinctive roofs forms The new horizontal roof element enhances the "base, middle, top"architecture and provides shade for the roof amenity deck. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Please see requested flexibility comments and executive summaries on pages 2, 3 and 4 above. ts Flexible Development Application—Comprehensive Infill Project PROJECT NARRATIVE CLEARWATER RESIDENCES 400 Cleveland.LLC COMPLIANCE WITH DOWNTOWN DESIGN GUIDELINES The proposed development complies with Downtown Design Guidelines as specifically described below and as identified elsewhere in this Narrative document. The form/massing of the existing building allows for an interesting interplay of height, width and depth which is appropriately maintained. The existing height(9 stories) remains unchanged, as does the step back at the 5`"floor which creates a substantial base. At the ground floor enhancements have been added to further define and reinforce the pedestrian experience and scale at the street level, including a transparent glass fa�ade(in lieu of the existing opaque faqade), additional horizontal fin elements and streetscape/landscape improvements. The depth is proportionate with the width and reads well from the corner exposure, and the step backs at floors 6—9 result in an aesthetically pleasing form/elevation. The proposed exterior architecture creates a pleasing rhythm and spacing of architectural elements and fenestration. These elements minimize the apparent height through banding, multiple colors,balconies, and railings, the appeal of the building is enhanced and improved over the monolithic and monotone existing appearance. The proposed structure contains separate primary entrances for each of the respective uses. The retail space fronting Cleveland has its own street level entrance, while there are entrances for the condominium building through a motar court on Osceola Ave(along with a private entrance from the secure parking lot). The parking lot is designed to comply with design guidelines by utilizing decorative fencing consisting of brick pilasters and aluminum picket fencing similar to that indicated on page 92 of the design guidelines document. Streetscape improvements on Osceola Avenue will correspond with those already in place on Cleveland Street. The roof is being converted from strictly mechanical uses(and of course building weather protection)to an exciting community amenity deck with great views of Clearwater Bay for the benefit of all building residents. The Art-Modeme architectural style and use of new materials respect traditional materials and forms, and the Cleveland Street fa�ade is consistent in scale and context in order to maintain the desired street feel. The redeveloped residential fa�ade incorporates step- backs and provides a successful transitioning from its more traditionally styled base to a more contemporary middle and top. The design and positioning of the tower's entry features and ground floor retail and restaurant spaces are in direct consideration of the planned future expansion of Coachman Park in addition the anticipated future demolition of the Harborview Center. i6 . • This instrument prepared by and return to: Courtenay S.Terrell,Esquire Fowler White Boggs P.A. 501 E. Kennedy Blvd., Suite 1700 Tampa,Florida 33602 [Space Above This Line for Recording Data] PARKING,PARKING ACCESS,DUNIPSTER ENCLOSURE AND ENCROACHMENT EASEMENT AGREEMENT THIS PARKING,PARKING ACCESS,DUMPSTER ENCLOSURE AND ENCROAC��VVIENT EASEMENT AGREEMENT(this"AgreemenY')is made and entered into on the day of , 2013,by and between MAINSTREET CLEARWATER DEVELOPMENT,LLC,a Florida limited liability company ("Grantor"), whose address is 400 Cleveland Street, Clearwater, Florida 33755, and 400 CLEVELAND, LLC, a Florida limited liability company ("Grantee"), whose address is 400 Cleveland Street,Clearwater,Florida 33755. (Wherever used herein,the terms"Grantor"and"Grantee"include all the parties to this instrument and the heirs,legal representatives and assigns of individuals and the successors and assigns of corporations and other entities.) WITNESSETH: WHEREAS, Grantor is owner of certain real property located in Pinellas County, Florida more particularly described and depicted in Exhibit"A" attached hereto and incorporated herein by reference ("Mainstreet Parcel"); and WHEREAS, Grantee is the owner of certain real property located in Pinellas County,Florida more particularly described in Exhibit"B"attached hereto and incorporated herein by reference("400 Cleveland Parcel"); and WHEREAS, the 400 Cleveland Parcel will be made part of mixed-use residential and commercial condominium development containing approximately fifty two(52)residential units and one(1)commercial unit(the"Condominium Development")and the Mainstreet Parcel will provide portions of the parking,use of a dumpster enclosure,and other uses of the Mainstreet Parcel for the Condominium Development and for the ultimate use and benefit of the condominium owner's association for the Condominium Development;and WHEREAS,the members of the condominium owners' association,and their agents,guests,family members,contractors or invitees shall be permitted to use the easement rights granted hereunder as part of their membership in the condominium owners'association for the Condominium Development but such use shall be strictly pursuant to the rules and regulations established by the condominium owners' association, the declaration of condominium,and the other governing documents for the Condominium Development,as well as the in accordance with this Agreement; and Page 1 of 4 i + WHEREAS,Grantor desires to grant to Grantee,and Grantee desires to accept,an exclusive parking and access easement over, across and upon the Mainstreet Parcel,upon the terms and conditions hereinafter more particularly set forth; and WHEREAS, Grantor desires to grant to Grantee, and Grantee desires to accept, a non-exclusive parking access, ingress and egress easement over,across,and upon the Mainstreet Parcel,to allow vehicular and pedestrian travel over the Mainstreet Parcel to reach the 400 Cleveland Parcel, upon the terms and conditions hereinafter more particularly set forth; and W�IEREAS, Grantor desires to grant Grantee, and Grantee desires to accept, a non-exclusive easement for use of the dumpster enclosure area over,across and upon a portion of the Mainstreet Parcel,upon the terms and conditions hereinafter more particularly set forth; and WHEREAS, Grantor desires to grant Grantee, and Grantee desires to accept, a non-exclusive easement for encroachments over, across and upon the Mainstreet Parcel, upon the terms and conditions hereinafter more particularly set forth; and NOW, THEREFORE, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, Grantor and Grantee agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Grantor hereby grants and confirms unto Grantee, its successors and assigns, an exclusive easement over, across and upon a portion of Mainstreet Parcel for the purpose of vehicular parking in the designated parking spaces or portions thereof located on the Mainstreet Parcel as shown in Exhibit"C"(the "Parking Easement Area")and the construction or placement of such improvements related to parking as Grantee may deem necessary and desirable,including,without limitation,asphalt,pavement,parking bumpers, striping, medians, and curbs. Grantee,at Grantee's sole cost and expense, shall be solely responsible for all maintenance,repair and replacements of or in any way relating to the Parking Easement Area in Exhibit"C" regardless of the cause or reason for such maintenance,repairs or replacements,including,without limitation, such maintenance, repairs or replacements caused by the negligent acts or omissions (but not willful acts or omissions) of Grantor. 3. Grantor hereby grants and confirms unto Grantee,its successors and assigns,a nonexclusive easement over, across and upon the Mainstreet Parcel as shown in Exhibit "D" (the "Parking Access Easement Area")for the purpose of vehicular and pedestrian ingress,egress and access. Such access shall be along the aisles,paths and drives that may exist from time to time on the Parking Access Easement Area so that pedestrians and vehicles may travel to and from the 400 Cleveland Parcel and to the public right of way known as Laura Street. Grantar shall not configure or use the Parking Access Easement Area in a manner which unreasonably hinders, interferes or limits vehicular and pedestrian access, ingress, and egress contemplated herein. All improvements on the Parking Access Easement Area shall be installed,repaired,maintained and replaced solely by the Grantor at its sole cost and expense,including,without limitation,repairs,maintenance, or replacements caused by routine use or normal wear and tear. Maintenance,repairs or replacements of the Parking Access Easement Area caused by Grantee's negligent or willful acts or omissions(or the negligent or willful acts or omissions of Grantee's agents,invitees,or contractors)in connection with this Agreement shall be at the sole cost and expense of the Grantee and shall be promptly made upon demand by Grantor. Grantor Page 2 of 4 , > shall not erect any barriers which will interfere with the use and enjoyment of the access, ingress and egress easement rights created hereunder, except for such minor and temporary barriers to access required for maintenance and repair of the Parking Access Easement Area. Additionally, the easement rights granted herein with regard to the Parking Access Easement Area may not be substantially or materially modified, altered or changed unless the prior written consent of Grantee is first obtained, which consent shall not be unreasonably withheld, conditioned or delayed. 4. Grantor hereby grants and confirms unto Grantee,its successors and assigns,a non-exclusive easement to enter upon the Mainstreet Parcel and to use the dumpster enclosure located thereon for the placement,storage and keeping of a dumpster and the utilization of same for the storage and disposal of waste and for waste pick up. The dumpster enclosure, as initially proposed, but which may be relocated with the written consent of Grantee,shall be as shown in Exhibit"E"(the"Dumpster Easement Area"). The waste management company or similar private company or agency of local government that supplies or removes or replaces the dumpster itself or which empties or disposes of the contents of the dumpster or otherwise provides services to Grantee that utilize the dumpster enclosure and the Dumpster Easement Area (collectively the "Dumpster Services")is hereby granted an easement to enter upon the Mainstreet Parcel for the purpose of providing the Dumpster Services. Grantor, at Grantor's sole cost and expense, shall be responsible for the normal maintenance, repair and replacement of the dumpster enclosure and the Dumpster Easement Area. Maintenance, repairs ar replacements of the dumpster enclosure or Dumpster Easement Area or Mainstreet Parcel caused by Grantee's negligent or willful acts or omissions(or the negligent or willful acts or omissions of Grantee's agents, invitees, or contractors or any others providing Dumpster Services for Grantee) in connection with this Agreement shall be at the sole cost and expense of the Grantee and shall be promptly made upon demand by Grantor. If the size, design or location of the dumpster enclosure or Dumpster Easement Area is changed or relocated,then either party may prepare a revised Exhibit"E"to reflect those changes and record same in the Public Records of Pinellas County, Florida. The revised Exhibit "E" reflecting the correct location of the dumpster enclosure or Dumpster Easement Area shall control. 5. Grantor hereby grants and confirms unto Grantee,its successors and assigns,a non-exclusive easement for encroachments over, across and upon the Mainsteet Parcel for the purpose of allowing improvements or portions thereof built in connection with the Condominium Development to remain situate upon the Mainstreet Parcel, provided that such encroachments are de minimis in nature and do not unreasonably prevent Grantor from using the Mainstreet Parcel for the purposes which Grantor reasonably desires (the "Encroachment Easement"). Grantee, at Grantee's sole cost and expense, shall be solely responsible for all maintenance,repair and replacements of or in any way relating to such encroachments ar the Encroachment Easement regardless of the cause or reason for such maintenance, repairs or replacements, including, without limitation, the negligent acts or omissions (but not willful acts or omissions)of Grantar. 6. Non-exclusive easements are hereby granted Grantor and Grantee for each to enter upon the parcels of the other to perform (i) any obligation that a party is required to perform pursuant to the terms hereof, or(ii) any repairs, replacements or maintenance which the owner of a parcel has failed or refused to perform after notice from the other party. 7. In addition to any other maintenance obligations contained herein,Grantor and Grantee each agree to the following additional maintenance standards so that each benefits from the first class condition and appearance of the other.Grantor and Grantee each shall be responsible for maintaining all paved areas on their respective parcels that are intended for vehicular use or parking in a level, smooth and evenly-covered condition with the type of surfacing material originally installed as part of or at the time of the Condominium Page 3 of 4 . � Development work(or such substitute as shall in all respects be equal in quality,use and durability). Grantor and Grantee each agree to keep the parking and vehicular use areas on their respective parcels in a clean and orderly condition and to keep in good order and repair any curbs,bumpers, directional signs, traffic control signs, markers and lines within their respective parcels. 8. The easements created herein are for the benefit of Grantee,its successors and assigns,and its employees, agents,guests and invitees and upon assignment and assumption as contemplated herein,for the condominium owners' association for the Condominium Development. 9. Grantor hereby reserves unto itself,its successors and assigns,the right to grant to others the right to use the Mainstreet Parcel in common with Grantee (except in the case of exclusive easements specifically set forth herein)and to use the Mainstreet Parcel for any and all uses that are not inconsistent with Grantee's rights as created hereunder. 10. Grantee's use of the Mainstreet Parcel for the purposes stated herein shall be in compliance with all applicable laws,rules,regulations and ordinances and environmental laws now or hereafter in effect. 11. Grantee shall indemnify, defend and hold Grantor harmless from and against any loss, damage, claim, cause of action or expense Grantor may suffer or incur (including, without limitation, attorneys' and legal assistants' fees)as a result of or arising out of any use or other activity within or upon the easements granted herein or the Mainstreet Parcel or any portion thereof by Grantee or Grantee's employees, agents,guests,contractors or invitees,or by reason of any default by Grantee in the performance of any of the terms of this Agreement. The terms of this Section shall survive the termination of this Agreement. 12. Grantee shall name the Grantor as a loss payee and additional insured under its standard public liability policy of not less than One Million Dollars($1,000,000.00)per occurrence with combined single limit coverage of no less than Two Million Dollars($2,000,000.00)with respect to this Agreement and the use of the easements provided hereunder. Grantee shall carry contractual liability coverage with respect to its agreements contained herein. Grantee hereby agrees to waive all rights of subrogation against Grantor and Grantor's insurance providers in connection with this Agreement and Grantee shall ensure that Grantee's individual insurance policies permit such waiver of subrogation rights. 13. Upon creation of the condominium owners' association for the Condominium Development and recordation of the declaration of condominium for the Condominium Development,but in no case later than transfer of control of the condominium owner's association to non-developer owners in accordance with FS 718.301,the condominium owners'association for the Condominium Development shall be assigned and shall assume all duties and obligations of the Grantee under this Agreement,including,without limitation,the duty and obligation to indemnify,defend and hold Grantor harmless hereunder,except that such obligations to indemnify,defend and hold harmless shall be expanded to include any loss,damage,claim,cause of action or expense Grantor may suffer or incur as a result of or arising out of any use or other activity within or upon the Mainstreet Parcel by the members of the condominium owners' association or such members' agents,guests, family members,contractors or invitees in connection with this Agreement. The assignment to and assumption of no less than all of the obligations of the Grantee by the condominium owners' association far the Condominium Development is a material part of this Agreement and this Agreement may be terminated by Grantor if the condominium owners'association for the Condominium Development does not execute a written assignment and assumption of this Agreement without conditions or reservations and agree to be bound by all covenants, promises, duties and obligations of this Agreement and the Grantee hereunder. By their use or Page 4 of 4 , . occupation of the easements granted herein or by their holding an undivided interest in the common elements of the Condominium Development which contain all or a portion of the easements granted herein,each owner of a condominium unit in the Condominium Development hereby authorizes and appoints the condominium owners' association for the Condominium Development to act as and to be the owners' attorney in fact for the execution of any consents, approvals, assignments, assumptions or other documents in connection with this Agreement. The assignment and assumption shall be made in recordable form and either party may record it in the Public Records of Pinellas County, Florida. 14. In connection with any litigation or court proceeding arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' and legal assistants' fees and costs prior to trial,at trial,and on appeal,and in any bankniptcy or creditors reorganization proceedings. 15. The parties expressly understand and agree that: (i)the easement and rights herein granted shall be for the benefit of and appurtenant to the 400 Cleveland Parcel,(ii)the terms,covenants,and conditions of this Agreement shall be and constitute covenants running with and binding upon the land (iii) this Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of Grantor and Grantee, and (iv) the easement herein created shall not constitute a dedication for public use. Unless sooner terminated as provided hereunder,this Agreement shall be perpetual in term and duration. In addition to any other termination events contained herein, this Agreement shall automatically terminate upon the development or redevelopment of the 400 Cleveland Parcel in a manner other than the contemplated Condominium Development or demolition of substantially all of the condominium improvements constituting the Condominium Development with no intent to timely rebuild same in substantially the same scheme of development. 16. This Agreement may be executed in counterparts,each of which shall constitute an original and all of which together shall constitute one and the same instrument. This Agreement and the provisions contained herein shall be construed and interpreted in accordance with and controlled and governed by the laws of the State of Florida. This Agreement may be recorded in the Public Records of Pinellas County, Florida by either party. 17. Time is of the essence in this Agreement. 18. This Agreement represents the complete understanding of the parties hereto. There are not other oral or written agreements or understandings relating to this Agreement or the duties and obligations contained herein. (COUNTERPART SIGNATURE PAGES FOLLOi� Page 5 of 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and delivered on the day and year first above written. WITNESSES: GRANTOR: MAINSTREET CLEARWATER DEVELOPMENT,LLC,a Florida limited liability company By: Print Name: Print: Title: Print Name: As to Grantor STATE OF COUNTY OF The foregoing instnzment was acknowledged before me this day of , 2013, by , as the of MAINSTREET CLEARWATER DEVELOPMENT, LLC, a Florida limited liability company. He is [ ] personally known to me or [ ] has produced as identification. Print, Type or Stamp Name: Notary Public, State of Florida Serial No., if any: Page 6 of 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed and delivered on the day and year first above written. GRANTEE: 400 CLEVELAND, LLC, a Florida limited liability company By: Print Name: Print: Title: Print Name: As to Grantee STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2013, by ,as of 400 CLEVELAND,LLC,a Florida limited liability company. He is[ ] personally known to me or [ ] has produced as identification. Print, Type or Stamp Name: Notary Public, State of Serial No., if any: Page 7 of 4 CONSENT AND JOINDER OF MORTGAGEE TO GRANT OF PARKING,PARKING ACCESS,DUMPSTER AND ENCROACHMENT EASEMENT , ("Lender") the owner and holder of that certain ("Mortgage") recorded in Official Records Book Page _ in the Public Records of Pinellas County, Florida,does hereby consent to the Grant of that certain Parking,Parking Access,Dumpster and Encroachment Easement and the recordation thereof in the Public Records of Pinellas County, Florida. The Lender does further agree that the rights and privileges granted in this Grant of Parking, Parking Access, Dumpster and Encroachment Easement shall not be extinguished and shall continue to encumber and remain in effect with regard to the subject real property if the Mortgage is foreclosed. This consent shall not be construed as a limitation on the operation or effect of the Mortgage nor the consent of the Lender to any action may be taken by any party to the Grant of Parking, Parking Access, Dumpster and Encroachment Easement if such action otherwise would require the approval of the Lender pursuant to the terms of the Mortgage. Signed, sealed and delivered in MORTGAGEE: the presence o£ , a By: Name: Name: Title: Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was executed and acknowledged before me this day of ,2013, by as the of ,a ,on behalf of the company. He/she is either[ ]personally known to me or[ ] has produced a state driver's license as identification. Name: Notary Public, State of Florida Commission Number: My Commission expires: (Notarial Seal) Exhibit"A" Mainstreet Parcel Lots 10 and 11,EARL AND TATE'S SUBDIVISION,according to the recorded Plat thereof in Plat Book H-1, Page 20, in the Public Records of Hillsborough County, Florida, which Pinellas County was formerly a part. Exhibit"A"(Continued) Sketch of Mainstreet Parcel SE�TION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAS�t" . ,� _ � _ . - . . LAURA. �TREET (P�F) : S89'07'S8"E 95.00�(F) — — — � � — — — SCALE: 1'=30' � i � _ _ _ .__. .__ _ n^ f � __ :.�'.. � O� � I _ _ _ O � ^ p � v t7 n1 � Cp I �'- '- O � �I . _ � I -- � I - - ____, _ _ _ __ . __ _. -- - � . � __ _�� __ _= .. . __. t�ot 9 Lot 10 � Lot 11 3� Lot 12 _._.__ _. _. __ _ co ! � _ ,.. 3 . j �� -- iO ' (p I � M N _,_. � __. 'oo EARL & TA7E'S a�)BDIVISION � LfSS-Et�S� . _ N �5.00' LOT �1 P.B. H-1,�F'�. 20 I � _ I � _ I � _ I- - - - _ _ � _ _. N89'02'39"W , 95.05 F � . �. - - • '( ) � _ __ _ ' � � -. _. � Lot 3 � _ Lot 4 � � - _ _. I , Lot 5 Lot 6 , I � ' f ' I _ NOTE __ THtS IS A SKETCH Q!� DESCRIPTION (THIS IS NOT A SUf�'VEY). SFF�T 1 of 2 � z 0 � > DWG. N0.:1300202 ACCESS �nsE.dW9 � N0. DATE DESC I BY OWNER� -��t�,� SKETCH and DESCRIPTION i hereby certify thi�."�K TC�»A�i IPP'�JJ�I to be the ADDRESS: 400 Cleveland St_ree! graphic depiction��ade:�ye��`�°g°S°��n�`��'y~��rect Ciearwater, rloric:c PROJECT NO. 13E�€02.02 supervision, on i$�e��t '� v�h'f7,v,{�t�k meei�,the PARCEL NO.02/27/15�'90810/Q00/0010 DRAWING# SEEft�OVE MINIMUM TECH�C A�:;rSeF , ARDS se.:t Toa;,tlt�'� th"e, FLORIDA SCALE 1"=�0' BOARO OF PR+�ESSI�AND SU�VEI�R`� and.'�1APPERS SUNCOAST LAf�D SURVEYING, INC. DRAWN AVV�S in Chapter,61�i7�.8,�FCaRi{��STRAT�-=CC�E, DATE 04ft?I/13 ur nt to S 'on 472 027`°��FL STA�l4`�i S; 111 FOREST Lf�1KES BOULEVARD CHECKED/QC KOEM -� ��!►� ;--`�: - SEAL j OLDSMAR, Fl�ORIDA 34677 .' ��° � ` e '-�% � FIELD CREW � BOUNDARY•TOPOCRAPhHiC•CONSTRUCTIONSTAKEOUT gK./,�G. K LLYO.McC�l9��,°�, `` �`�� ,� �" ��' Da PH: (813)854-1342 fAX: (813) 855-6890 SURVEY DATE PROFESSIDNAL SUR oR'" aCtF�WPER- '40 �i`' `'�d�� °,yj y�.,°� ��re.. �'°��oa�9a��'�3 . . k.�_�sa�.�� LEGAL DESCRIPTION (CF�OSS ACCESS EASEMENT): � ' � Lots 10 and 11, Less t�he East 5 feet for aliey, of EAR� AND TATE'S SUBDIVIS{ON of Lot 3 of BACHMAN'S PLACE in Section ']6, Township 29 South, Range 15 East, Clearwater Harbor, Florida, according t� plat thereof by Brown & �Swingley, Tampa Florida, April 23, 1988, recorded in Plat Book 1, Page 20, of the Public Records of �-lillsborough County, Florida (now Pinellas County, Florida). Containing 12351 squar� feet, more or less. PROJECT NO. k3002�2 � DRAWINQ� 13002�2 AC.CESS EASE SF�7 2 a�;2 Exhibit"B" 400 Cleveland Parcel Lots 1,2,7, 8 and 9,EARL AND TATE'S SUBDIVISION,according to the recorded Plat thereof in Plat Book H-1, Page 20, in the Public Records of Hillsborough County, Florida, which Pinellas County was formerly a part. Exhibit"B"(Continued) Sketch of 400 Cleveland Parcel � r�= �`�_;F �ac,s SECTION 16 • TOWNSHIP 29 SOUTH • RANGE 15 EAST �O"r 7}i °�'i g _ } R °' � ,v� " � �� - i � � „a� I �:� g.6 PINELLAS COUNTY, FLOR[DA - y i � � J i"� J I , `'a��I r+ 9' �3� R ' � I ,�� a� v'° � :5 �-�;' �1, ———— ——— y� �•3 � �� I ?g '�}, I n, '�i •J m tr�!i @ \ Q r CRAPHIC SCALE _ _ " ,y � I �� I"� I �5�� yac � 4�' I M�3•R ��Y I � ` loI ib ° e '�� p,, ' `�3Y , ��ee' I �fl �., a ,�: Y I 'a � �°� \ pje ��e'�� S�S y a o i ., m•' ,.'°� �.T \ � 0 o S� M �.�° ,.�F,,. ,,.v M1 �,. . — y o o � SF "�°I '�Cg �a` . �` '"� � v.`� i_ � � � � � � ��OM1 �� ....... . ��?° ' " �"'�`� > >.�oa4s �a �-� .-°�� g; � �� °' Z' a 5t p�^ p� �t � �F m� � ` — , �LAURA STREET��''(P�-F) .>�� , - _ I �� sssis(nve�w� .'jO �5`� s�� YO.f� M"9a x _ ' `� � oy "" � ° 3 � � �wStE.e^ eamrif) `�T o _ - �y _�P �dS_ p�°N pd� /'� ..ay •� � Pimb) ..O po� N `,� � V j �'i �1a I y,q ," p�'•` �Y .�o.. p �o�smue � � �u�ocsan - �y1 I` �' \ I /� ena: � 3 �'�di �w � �_ � 't� 1 I se^` .S � ��./ _ �' _ I 1� I / � � ��"I; I �.�2) a 9.EutL� i�2R5 SUWixYM.a Rafptn � o� � �I. e` �`' + I / �y'ID� I \ + I r:ef� i J O < Y v i Y Vvl We�k �ca�o Huiae 9 Y. .�neA InMas � W a � 1 g � I .� — � Y� i^ �� 'y I1 y j,�q. ____ � /.I �\ p e (POrcel 16/29/15/�3814/000/0100) '��I y I !t" .o.r ,^g:��u.Pw�a n«wa�or�n'nmwwT co, r. >ao..n�u r.,.iw.c r a m 2 � � � 3"' ,�". �• �'.I °;^ �. �,,° PARqEL 2 �.; � � �a�5 " , ° , ,.> , ., �,°�� _ � ' o� a �g a �� 'fi °��,.�;�o l�° _,..� � .��,� ;a ,. �� ———— _ + �� W � ��A, J� �„� e a \ � re�,n � o �I � " E.�.a� ¢ `� � WI ��'r . �� ye J�Q �' /o� �`°� � o r �I �� — � wa[CL LO nx E�SdENi i0 ME weuC O�cn ex�cannw LnxL wixirv rqei xeqqsp� Q � p„'r" N • —J� � I � 1�'� J ��Exi.i.(TMS R�xwu-r�oniBi£[�s[u[rv� 2 ¢�y � • �'✓I �•v �� y�` �y'�'v�/ .�,�� i a l` I 7O m !A o �� i yqe 1� � ✓ � I � � wB.iEa.IXn,W�oYMB�E�a+�xw�5lti��4Cw�o5 B��J.�i��4.i5o.MqaM�<aNEO m S VJ ;� �'�� i� 'I � wE vi.auC � I. �� wz a�¢ue��a arrmu r+cca+os eaa y nE qqroS CF nMF11�5 CW�n,RppO�.(Ox�v v�nCELS A e.C�w0 D Q eq � j�'�.�`�d+ �8 4. _ I e �Y� � I ra-m � �pEU m 1L ECOx05 BOqf]6i0 vK£�3D.urt SNOw On�eG C�Alu�Er � �� t Z DiuEM90N5 AHD L��nOn xfqiu�np1 i5 xtEGBIE Orl 4l�BO�4 RErtnFN[ED J i �+�a°�i �� i�� I �� 1I z a e�°' I � o oo�vYCx's.NO is«or�o�a�w.a a�vw.c.� O p' ty� ^�I ,.� '� SV�BJECi i0� T�i TO CROSSwNIC ENCRWauExi BEi�Ep�u50U111 B.WR Cf' %°" � '�� j�`� I '�'« �:. -F� I ` � s azai.�ivi ar Me weuc"i"c'os°Ria°ai�r�iu�.`s c�our�°.:�.n o�i,"cca+os eooK g=is�5 (J,f � —> ;— y, +�' .'>;w y, 3: w�.r (s�aw.s roz� :3� t y� a �� aurai- - ; '�~�erazw �� ''' '� I !i zw.c+l �� e U7;0 �' '� ,-^ 'y � s Sa°wn a°' a°mal � ��' y». 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(n w ...a. � .+s'~v - M1 1 "" o c�0° �v0 ° � '4 •d�°�=�'w � ¢w i rc °n � '�°° •°�p •°, �� • � _ _ `� � o _ • T �=�_�''�:4sss'�a: _ F °o ' ;tio s"'° cn #,,. � �.\�... „ c�r� .,_ � a 6i � \1 �„r�,pr P ,�,,,I a '•*,,.�, ; 0.� Q _ = o � �p p•� ';„, .::.. � ,� `- '�' CLEVELAND STREET s � ' -s- � � � �'� p` . pW �.y' .'t2:°C� .. � w�1f] T� V p., .a� ��. � :��— � m � Exhibit"C" Parking Easement Area A portion of Lot 3,EARL AND TATE'S SUBDIVISION,according to the recorded Plat thereof in Plat Book H-1,Page 20 in the Public Records of Hillsborough County,Florida,which Pinellas County was formerly a part, being more particularly described as follows: Begin at the northwest corner of said Lot 3;thence S89°OS'12"E.along the north boundary line of said Lot 3,a distance of 42.93 feet; thence 5.00°14'42"W. a distance of 10.35 feet; thence N89°45'18"W. a distance of 42.93 feet; thence N.00°15'S1"E., along the west line of said Lot 3, a distance of 10.85 feet to the Point of Beginning. Containing 455 square feet, more or less. Exhibit"C" (Continued) Sketch of Parking Easement Area SECTIC�N 16, TOWNSHIP 29 S0�1'TH, RANGE 15 EAST � .LEGEND_ . ' _ OS SANITARY MMt�FHOLE . . • . • OD STORM MANh6�tE SGALE: 1�=10' ❑W WATER METER '60X �( UGHT POLE , P.0.8. POINT OF Bff�tNNiNG • BOLLARD Lot 8 Lot 9 � Lot 10 , CONCRETE CURB _ :_ _ � _ ... �:_ : : P.0.8. �` - ' _= < <_ . NW COR LOT 3 : . = _. � __ � � � , � �} I I � � ; , _ , i , I ` S89 05'12"E �42.93' . � 1 � W 1! • �NORTH BOklSNOARY� 3 � � _ LINE OF LdFf 3 N , . ' O � O i � I M� • •- t ! � ! � ASPHALT,PAVEM£NT �.p Z I � �o - . . , � � � � N , _ ' N N89'45'18�W 4293' . . � . �P � . . . � . . � . . . . � . __ 45.60'. _ _ . _ _o -._ o . a - 4AULT1-STORY MASONRY �3UIL01NG � _ h _ __ _° _. _-: _: _ - __ . .__ ' Lot 2 Lat 3 - 4.00. _ __: _ ,:- Lot 4 EARL & TATE'S SUBOfii/ISION ,: P.B. H-1, PG: �0 _ _ . �_ INOTES: . SHADED FEATURES S4�i0WN IN THE SKETCH ARE PRtaPOSED. THIS IS A SKETCH aF DESCRIPTtON (THIS IS NOT A SUR�EY). SFffF1d2 � � � *'4tl 9F' DWG. N0.:73002 EASEMENTS.d� � . DA S��'' D e BY Ow�r� S,� � SKETCH and DESCRIPTIO�! � he`r'"etiy cer� t-i��°��'�P��ION'to be the ADDRESS: 400 Cieveland Street � graphic dep�Ctior�4'm`�� y�me,"�r� �1 � �°�direct PROJECT NO. 13002.03 su ervrsion,�on th� �te s shown fsh.�?ne�..ts the Clearwater, Florida p , ( ) PARCEL NO.02/27/15/90610�'000/0010 DRAWING# SEE ABOVE MINIMUM T�CH��. 5T�(JDA�t�(�'��,�„t,foptt� 'by-.�khe FLORIDA SCALE 1"=10' BOARQ OF� 0 �S�?`�Nik�l VEY�� ead MAPPERS +��A�� . DRAWN KOM in 'Cha ter�;fit"7,r-f;�f �k- INISTR/�V�;CaDE, 111 FOREST LAKES 8�� DATE 02l05l13 �� . t t�.5' tPon'' .d 7� RIOA,^S Tid,�,`TES. OLDSMAR, FLORIDA 34677 CHECKED/QC KOM " c ��.� t ,� ' ` ^ + :�, /q, '� �� 0 FIELD CREW , + �' �. ° ' � ' �� r BOUNDARY•TOPOGRAPHIC-COI�i'RUCTIONSTAI�OUT �K./PG. KELLY O:!Nc �'",�r '•.°°.° *`y `� DA1E PH: (813)854-1342 fAl� (813)855-6890 SURVEY DATE PROFESSfONAL SURvr,�iit-'on�l. �nR 3 2 - �� '��Yaa4!@�9 � ' ' � f � �� ... � . . . . . LEGAL DESCRIPTION (PARKING RIGt�ifS EASEMENT): A portion of Lot 3, EARL AND TA�'S SUBDiVISION, according to the recorded P�at thereof in Plat Book H-1, pagx.e 20 in the Public Records of H"rillsborough County, Florida, which Pinellas Cournty was formeriy a part, being more particularly described �:s follows: Begin at the northwest corner of �aid Lot 3; thence S.89'05'12"E. mlong the north boundary line of said Lot 3, � distance of 42.93 feet; thenc� S.00'14'42"W. a distance of 10.35 �eet; thence N89'45'18"W a distax�ce of 42.93 feet; thence N00'15'51"E., along t�� west line of said Lot 3, a dist�nce of - - 10.85 feet to the Point of Beginnpr�g. -- - Containing 455 square feet, more ��r less. PROJECT NO. 1300201 `' DRAWING4 13002 EASEA�KTS g-�{T 2 d 2 � Exhibit"D" Parking Access Easement Area Lots 10 and 11,EARL AND TATE'S SUBDIVISION,according to the recorded Plat thereof in Plat Book H-1, Page 20, in the Public Records of Hillsborough County, Florida, which Pinellas County was formerly a part. Exhibit"D" (Continued) Sketch of Parking Access Easement Area SECTION �6, TOWNSHIP 29 SOUT!-�, RANGE 15 EAST � � � � LAURA ST �� : . . REET (P'-I-F.) _ _ _ S89'07'S8"E 95.0li'�) - . I — — — SCALE: f`=30' ___ � � , � I I �� o° °' I i I M N ='� �- i O� � �'I I � -- i � __ , - I � � _ __-- -_ '•'Lot� 9 .Lot 10 � �� 11 3` Lot 12 , . • . � . : � =3 f �� - � I ol . _ _ � cn � EARL & TATE'SI SUBDIVIStOt� ` LESS EAST P.B. H-1,I PG. 20 � 5.00' LOT 11 � � � � I � — — — N89'02'39"W I— — — _ I 95.05'(F) � _ Lot 3 ` � b Lot 4 � I La� 5 � Lot 6 � I i N 0 TE: THIS IS A SKETCH OF DESCR��'TION (THIS IS NOT A SURVEY). SE:�T 1 of 2 � z 0 � > DWG. N0.:1300202 ACCESS EASE.dwg � (y�. DATE DESCRIPTION BY OWNER� SURV�Y4R':5 C'ER'i1RCATE SKETCH and DESCRIPTION ; ,�-,ereby certiFy tr,i� SKETCF' AND "u�SCRIPTiON t� be the ADDRESS: 400 Cievelond Street C-s=ohic depictinn m,�de by me, ��r undcr my dirazct Clearwater, Floridc PROJECT NO. 13002A2 ��ervision, o, th� date(s,1 snov.-n, x±n�ch rneets �:he PARCEL NO. 02/27/15/90810/0006C�10 DRAWING# SEE ABOVE !�CI�+iIMUM TECHN!�Al, S?AhUNnGS �P.0 forth ��y the FLORIDA SCALE 1"=30' 8��:,:�RO OF �RO��SS��NAL LAND SURV�YORS and MAPPERS SUNCOAST LAND S�IRVEY�, INC. °�w" Aws +� Chapter 61G17-b, F�ORIDA ADMINIS�iRATIVE CCJOE, 111 FOREST LAKES BOULE;I,�:RD DATE 04/11/13 -�:.�t+ent tu Se��on 4??A27, Fi_ DA ST�.T�'�ES_. CHECKED/QC KOM � /, �-~ SEAL OLDSMAR, FLORIDA 340�7 t �j�," ,� /�n� i 1 BOUNDARY-TOPOGR4PHIC-CONSTRUCTIO[�d� �� FIELD CREW .� � �,�� _ .T� BK./PG. lY O.McCL�1NG DA PH: (813�854-1342 FAX: (813�655-6890 SURVEY DATE �F?rJFESSIONAL SURYEY0.4 and 6/APPER 4n,s LEGAL DESCRIPTION (CROSS ACCESS EASEMENT): • : Lots 10 and 11, Less the Ec�st S feet for alley, of EARL AN[� TATE'S SUBDIVISION of Lot 3 of Bt��HMAN'S PLACE in Section 16, i�ownship 29 South, Range 15 East, Clearwater k-;;arbor, Florida, according to plat thereof by Brow�n & �Swingley, Tampa Florida, Apnii 23, 1988, recorded in Plat Boc�k 1, Page 20, of the Public Records of Hillsborough County, Florida (now Pinel�las County, Florida). Containing 12351 square fe��t, more or less. PROJECT NO. 13002.02 DRAWINC�4 X300202 ACC�SS EAS,Fr SI$T 2 of 2 Exhibit"E" Dumpster Easement Area A portion of Lot 10,EARL AND TATE'S SUBDNISION,according to the recorded Plat thereof in Plat Book H-1, Page 20 in the Public Records of Hillsborough County, Florida,which Pinellas County was formerly a part,being more particularly described as follows: Commence at the northwest corner of said Lot 10;thence 5.89°07'S8"E.along the North boundary line of said Lot 10, also being the South right of way line of Laura Street, a distance of 17.75 feet to the Point of Beginning; thence continue 5.89°07'S8"E. along said north boundary line a distance of 31.66 feet; thence 5.00°14'42"W., a distance of 18.98 feet; thence N.89°45'18"W., a distance of 31.66 feet; thence N.00°14'42"E., a distance of 1932 feet to the Point of Beginning. Containing 606 square feet,more or less. Exhibit"E"(Continued) Sketch of Dumpster Easement Area SECTION 16, TOWNSHIP �9 SOUTH, RANGE 15 E�4ST _ . _ _ _ � � /� - : _ rl,�+ _ LC-�END � � • . . . . P.O.C. �INT OF COMMENCEMENT P.O.B. Pf�iNT OF BEGINNING SCALE: 1"=10� . - LAUf�A STREET CONCRETE CURB NORTH BOUNOARY LINE OF CONCRETE WALK LOT 1D �4ND SOUTH R/W UNE , �� OF LM6E�A STREET . � S89'?0�'58"E 31.66' - .--- S89'07'58"E ;, � , = ___ __ 17.75' _._ _ ___ -.:.:.. .� - � , . ._ _ . , r�-�..a._�.��,�,ti,, _ -- ----- _ __ P.O.C. M' P.O.B. �,,_ ;-� . _ � � � � NE COR LOT 10 ; ,: � ai __ _. �. . ; , '. �- �r .�.�. PROPOSED ' ` � ��.�, CONCRETE %�.°+-- W� ` DUMSTER PAD ;�;;'' ; _ _ � � ,"' �' 3 c� ,��.., �,�,: " . � _ . � ' '�`"' -. + - _ FENCE �i , � �,�. ;� � �' �-,:a A � = k p' , � .� ( Z' � �"'' � _ , - �; . _._ ; ^ � � ...,, I `', � ,�i' :' . ... . .. ( . . _ �.\ '�'y� ' .'� . .. . . . E .,r- ---- — � coNCRE� cuRe--/ N89'43'18'�W 31.66' .. ... --. � � A S P H A L T P A R K ! N G { _ �ot -�3 . _.. : Lot �0 Lot 11 _. ,. ; _ ° f EARL & TATE'S SUBDIVISION ° ! P.B. H-1, P�. 20 � . _ _ � . _ � � _ _ N OTES: SHADED FEATURES SHOWN IN THE SKETCH ARE PROPOSED. THIS IS A SKETCH OF DESCRIPTION (THIS IS NOT A �URVEY). SI-�T t af 2 � z 0 � > w DWG. N0.:13002 cASEMENTS.dwg � N0. DATE DESCR�TIQN'..:� BY OWNER� �:'� tCEF111FICATE SKETCH and DE�CRIPTION � ��a�a I hereby certify�� K TCN s`Qt�^�ESCRIPTION to be the ADDRESS: 400 Cleveland Street graphic depi {� e#ie }� r� gr F;at,der my direct Clearwater, Florida PROJECT NO. 13002.01 supervision db�;��atee�(s�+�s�tr,��,,�wY`i;:,�, meets the PARCEL NO.02/27/15/90$10/000/0010 DRAWING# S�E ABOVE MINIMUM �Fi��,�^�fA,��$�3'';0�€'� by the F�ORIDA SCALE 1"=10' BOARD � P�0 AL LR[w ,��C�S and MAPPERS SUNCOAST LAND SURVEYING, INC. °`�`"''' AWS in Cha �r B�n1.7-6, FLORIDA q f�Sj�2A��VE CODE, OATE 02/07/13 p rs n� to Section W! 2. .�. RIQA 5Tl�iUTES. ��OLDS�MART FLORD A�U34677D CHECKED/QC KOM '.� � � � , � „� l A��13 FIELD CREW _ � BOUNDARY-TOPO�RAPHIG-CONSTRUCTIONSTAKEOUT BK./PG. KE LY O;M:��L�JNC�. "� �� d DATE� PH: (813) 854-1342 FAX: (813) 855-6890 SURVEY DATE PROFESSION L Yc� ' �t'�,' o � � �.. �. . , /y'. Fj1 •�s.�ere � .��,� �'`�. .��`� �a �,d." ��4?'�:, _..�� _.�,...,,. LEGAL DESCRIPTION (DUMP�TER PAD EASEMENT): ' . ". � � A portion of Lot 10, EARL �ND TATE'S SUBDIVISION, according to the recorded _ Plat thereof in Piat Book 1-F-1, page 20 in the Pub�ic Recor�is of Hillsborough �ounty, Florida, which Pineltfls County was formerly a part, being more particularly described as follows: Commence at the northwe��t corner of said Lot 10; thence �.89'07'S8"E. along the North boundary line of •said Lot 10, also being the Sout� right of way line of Laura Street, a distance of 17.75 feet to the Point of E��ginning; thence continue S.89'07'S8"E. along said north boundary line a dist��nce of 31.66 feet; thence S.00'14'42"W., a dis�ance of 18.98 feet; thence N.8�"'45'18"W., a distance of 31.66 feet; thence N.00'i4'42"E., a distance of i9.32 fe�t to the Point of __ Beginning. ' . . :_ Containing 606 square feet,„ more or less. � � PRO.IECT NO. 1300201 r DRAWINC� 13002 EAS6�ENTS SF��2 of 2 This Instrument Prepared By And Return To After Recording: Courtenay S. Terrell,Esq. Fowler White Boggs P.A. 501 E.Kennedy Blvd., Suite 1700 Tampa,FL 33602 GRANT OF UTILITIES EASEMENT THIS GRANT OF UTILITIES EASEMENT (this "Grant of Easement") is made effective as of , 2013, by and between 400 CLEVELAND, LLC a Florida limited liability company ("400 Cleveland"), whose address is 400 Cleveland Street, Clearwater, FL 33755 and MAINSTREET CLEARWATER DEVELOPMENT, LLC, a Florida limited liability company ("MainStreet"), whose address is 400 Cleveland Street, Clearwater, FL 33755 (400 Cleveland and MainStreet are collectively referred to herein as "Grantor"), in favor of those beneficiaries described herein (collectively and individually referred to herein as the "Grantee"). NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant in favor of Grantee a perpetual, non-exclusive easement for utilities, on, over, across and through that certain parcel of real property located in Pinellas County, Florida, more particularly described on Exhibit "A" attached hereto and hereby made a part hereof(the "Utility Easement Area"), pursuant to the terms and conditions contained herein: 1. The easement rights and privileges created hereby regarding the Utility Easement Area (the "Easement") shall only be used for providing Services (as defined herein) to the real property described on Exhibit "B" attached hereto and made a part hereof (the "Serviced Property") and all portions thereof in order for the provision of certain "Services" to the Serviced Property, which Services are defined as all manner and types of utilities and services, including, without limitation, cable, electric, water, sewer, data and communication services and all manner and type of lines, pipes, and cables associated with all of the faregoing. It is the intent of the Grantor to formally acknowledge the Services that were serving the Serviced Property and were present in the alley (which alley was previously vacated) and to permit the continued and uninterrupted provision of same to the Serviced Property, as well as to provide for the provision of additional Services in the future, by way of the Utility Easement Area. The Grantee shall be limited to those persons or entities who (i) have used or occupied the Utility Easement Area for the provision of Services prior to the effective date of this Grant of Easement; (ii) have constructed or placed certain infrastructure for the provision of Services in, on, under or about the Utility Easement Area prior to the effective date of this Grant of Easement; (iii) continue to use and maintain such infrastructure for the provision of Services as of the effective date of this Grant of Easement; and (iv) are given specific written permission of each of the Grantors to use or occupy the Utility Easement Area. The rights and privileges provided herein shall automatically terminate when any individual Grantee ceases to provide Page 1 of 9 Services by way of, means of or use of the Utility Easement Area to the Serviced Property. All infrastructure and equipment for the provision of Services shall be buried unless otherwise permitted in writing by the Grantor. 2. Except as reasonably required by the passage of time and development of future technological advances, neither the size nor scope of the Easement nor the Services facilitated through the employment of the Easement shall be enhanced or otherwise augmented without the prior written consent of Grantor, which consent may be withheld in Grantor's sole and absolute discretion. 3. The Easement granted herein is not exclusive. Grantor reserves the right to grant similar easements and/or licenses to others affecting the use of the Utility Easement Area, provided that such right granted to others does not create a dangerous or unsafe condition or unreasonably obstruct or unreasonably interfere with Grantee's use of the Utility Easement Area. 4. Nothing contained herein shall be deemed to be a dedication for public use of any roadway, walkway, or common area, and all rights and easements herein created are private and do not constitute a grant for public use. The Services allowed herein are limited to those serving the Serviced Property and no other property. There are no third parties that shall have any right, title or interest in or to this Grant of Easement, including, without limitation, any owners of real property other than the Grantors that may from time to time own real property contained in or part of the Serviced Property. It is the specific intent of the Grantors that only the Grantors and the permitted providers of the Services to the Serviced Property shall have any rights hereunder. 5. In connection with any litigation or court proceeding between Grantor and Grantee arising out of this Grant of Easement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorneys' and legal assistants' fees and costs prior to trial, at trial, and on appeal, and in any bankruptcy or creditors reorganization proceedings. 6. Grantee, for itself, its successors, assigns, agents and employees, by its use or occupation of the Utility Easement Area or exercise of any rights or privileges under this Easement, hereby covenants and agrees that Grantee shall use, operate and maintain the Utility Easement Area in a good, clean, and safe condition and in accordance with all laws, ordinances, rules, regulations, and requirements of all governmental authorities having jurisdiction and shall be responsible for all repairs and replacement of the equipment necessary or incident to the Services and repairs and replacement of any asphalt, pavement or other hardscaping and all landscaping materials that are damaged or destroyed by Grantee's use of the Utility Easement Area. 7. Grantee, for itself, its successors and assigns (the "Indemnifying Parties"), by its use or occupation of the Utility Easement Area or exercise of any rights or privileges under this Grant of Easement, jointly and severally, hereby covenant and agree to defend, indemnify, and hold Grantor, its successors and assigns (including, without limitation, any future owner or owners of the Utility Easement Area (the "Indemnified Parties"), harmless of and from any and all claims, demands, actions, causes of action, losses, injuries, damages, liability, costs (including reasonable attorneys' and legal assistants' fees), and expenses whatsoever, in law ar in equity, Page 2 of 9 arising out of or in connection with any construction, maintenance, use, hazardous waste discharge or spill, or other injury or other activity within the Utility Easement Area or the Serviced Property by any of the Indemnifying Parties or any agent, employee, contractor, or invitee of any of the Indemnifying Parties, or by reason of any default in the performance of any of the terms of this Grant of Easement. 8. Grantor reserves the right to make the Utility Easement Area and all rights and privileges granted herein subject to mortgages and liens of every type and subject to such covenants and restrictions as Grantor deems necessary or appropriate, including, without limitation, making the Utility Easement Area subject to a condominium regime (collectively the "Encumbrances") and to relocate the Services within the Utility Easement Area or to other property, at Grantor's sole cost and expense. Each Grantee, by its use or occupation of the Utility Easement Area or exercise of any rights or privileges under this Grant of Easement, hereby irrevocably appoints Grantor as its attorney-in-fact to take all actions that may be necessary or appropriate, in the sole discretion of Grantee, to allow Grantor to make the Encumbrances or relocate the Services. 9. Any notice which any party may or is required to give hereunder shall be given in writing to the other parties, each at the address set forth herein, or at such other address as may be designated in writing by the parties from time to time by(i) certified or registered mall, return receipt requested, postage prepaid; (ii) overnight delivery, delivery fees prepaid; or(iii) facsimile with a hard copy to follow via first class mail, postage prepaid. Rejection or other refusal to accept or the inability to deliver because of a changed address of which no notice was given shall be deemed to be receipt of the notice as of the date of such rejection, refusal or inability to deliver. 10. The benefits and burdens of this Grant of Easement shall inure to and be binding upon the respective heirs, personal representatives, successors and assigns of Grantor and Grantee. Wherever used herein, the terms "Grantor" and "Grantee" include the Grantor and Grantee named herein and the heirs, legal representatives, successors and assigns of individuals and the successors and assigns of corporations and other entities. 1l. This Grant of Easement may be executed in counterpart with all counterpart signature pages taken together constituting the entire agreement. Facsimile and digital copies of counterpart signature pages shall be deemed to be the same as originals. [COUNTERPART SIGNATURE PAGES FOLLOWJ Page 3 of 9 IN WITNESS WHEREOF, Grantor has executed this instrument as of the day of , 2013. Signed, sealed and delivered in "GRANTOR" the presence o£ 400 CLEVELAND, LLC a Florida limited liability company By: Name: Name: Title: Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was executed and acknowledged before me this _ day of , 2013, by as the of 400 CLEVELAND, LLC, a Florida limited liability company, on behalf of the company. He/she is either [ ] personally known to me or [ ] has produced a state driver's license as identification. Name: Notary Public, State of Florida Commission Number: My Commission expires: (Notarial Seal) Page4of9 IN WITNESS WHEREOF, Grantor has executed this instrument as of the day of , 2013. Signed, sealed and delivered in "GRANTOR" the presence of: MAINSTREET CLEARWATER DEVELOPMENT, LLC, a Florida limited liability company By: Name: Name: Title: Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was executed and acknowledged before me this _ day of , 2013, by as the of MAINSTREET CLEARWATER DEVELOPMENT, LLC, a Florida limited liability company, on behalf of the company. He/she is either [ ] personally known to me or [ ] has produced a state driver's license as identification. Name: Notary Public, State of Florida Commission Number: My Commission expires: (Notarial Seal) Page 5 of 9 CONSENT AND JOINDER OF MORTGAGEE TO GRANT OF UTILITIES EASEMENT , ("Lender") the owner and holder of that certain ("Mortgage") recorded in Official Records Book Page _ in the Public Records of Pinellas County, Florida, does hereby consent to the Grant of Utilities Easement and the recordation thereof in the Public Records of Pinellas County, Florida. The Lender does further agree that the rights and privileges granted in this Grant of Utilities Easement shall not be extinguished and shall continue to encumber and remain in effect with regard to the subject real property if the Mortgage is foreclosed. This consent shall not be construed as a limitation on the operation or effect of the Mortgage nor the consent of the Lender to any action may be taken by any party to the Grant of Utilities Easement if such action otherwise would require the approval of the Lender pursuant to the terms of the Mortgage. Signed, sealed and delivered in MORTGAGEE: the presence of: , a By: Name: Name: Title: Name: STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was executed and acknowledged before me this _ day of , 2013, by as the of , a , on behalf of the company. He/she is either [ ] personally known to me or [ ] has produced a state driver's license as identification. Name: Notary Public, State of Florida Commission Number: My Commission expires: (Notarial Seal) Page 6 of 9 Exhibit A (Utility Easement Area) A portion of the 10 foot alley lying between Lots 1 and 2 and Lots 7 and 8 of EARL AND TATE'S SUBDIVISION, recorded in Plat Book H-1, Page 20 of the Public Records of Hillsborough County, Florida, which Pinellas County was formerly a part, being more particularly described as follows: Commence at the Northwest corner of said Lot 7; thence 5.00°14'S3"W., along the east right-of- way line of Osceola Street, a distance of 123.67 feet to the Point of Beginning, thence 5.88°29'10"E., along the southerly line of said Lots 7 and 8, a distance of 100.17 feet to the Southeast corner of said Lot 8; thence S.00°06'07"W., a distance of 10.17 feet to the Northeast corner of said Lot 2; thence N.88°24'13"W., along the northerly line of said Lots 1 and 2, a distance of 100.21 feet; thence N. 00°17'34"E., along the east right-of-way of Osceola Street, a distance of 10.03 feet to the Point of Beginning. Parcel contains 1012 square feet, more or less. AND The northerly 10 feet of Lots 3, 5 and 6 and the northerly 10 feet of the W 1/z of Lot 4 and the northerly 10 feet of the E '/z of Lot 4, all of EARL AND TATE'S SUBDIVISION, recorded in Plat Book H-1, Page 20, of the Public Records of Hillsborough County, Florida, which Pinellas County was formerly a part. Page 7 of 9 Exhibit "A" (Continued) Sketch of Utility Easement Area Page 8 of 9 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST � ' e' tQe �� SCALE: 1��50, �i-�v� v� �.- sasnYSa'e iso.00'(aaf) sesorse'� ss.00'( � � � I I I � I I I M I I vV I I I � I I $� � J I � �" I �I I s � � � 'I I ,.� � I I � � �------ ^ 3 m � � m � I I � � � � 9 � � � „ O I ^ ;I � I � � W I � J 3 � I � �iI 3 s � �/ I I � �g I �a � `� r o i I � EARL dc TATE'SI SUBDIVISION � o� � Z 10'WIDE PUBLIC P.B. H-1,IPG. 20�� rn I � $^ I i UTILITY EASEMENT o u��i I S00'LOT 11 I � N89'03'55"W � 245.14' N89'03'55"W I � , - , : ,-y y=�=,�,� ' � � - 55.47' � i 4. , ;� � , ----- _ � I N89'03'S5"W � 300.61' , I �„�°.; � I � � I I I I 5' WIDE PUBIIC � 3 I °� I I I � Un�n'EASEMENT � �o � � � �� I I I I � o° � I I I I I $ � I I I I � � I � I � I I � I � g � o � � � J I " 3 M I � r I � I � I � I � s � s I 3 s� W � J � "s � I � � � � I I I � � I � � I ( ( I � � I ( I I � � I � � � I � 100.13'(F)OO.pO'(p) CLEVELAND 8TREET � N 0 TE: THIS IS A SKETCH OF DESCRIPTION ��2 (THIS IS NOT A SURVEY). � � a �A9 :: DWG. N0.:1300202 UTIUTY EASE.dwg � N�. /� 0 �� A 1�� BY OWNEF� ��.° 1,, o A'i� SKETCH and DESCRIPTION I hereby��2r #�'�iSK6TCH AN�D�S�RIPTION to be the ADDRESS: 400 Cleveland Street graphic �pi�}lan 7'fiade by m ot�%:'urxfer my direct Clearwater, Florida PROJECTNO. 13002.02 superv�si�;-txl tl�e::dat�(s�.�wn, wMc�s:-m?ets the DRAWING# SEE ABOVE MINIM �1�ECHf�C,4t'S'Y��ND [)$•,set for� G� the FLORIDA PARCEL NO.02/27/15/90810/000/0010 s� � �' SCALE 1"=50' BOAR dF F�ESSI�X�,'�t�`SURV��;and MAPPERS S�JNCOAST LAND SUFiVVEYIING, INC. p�� p WS 13 P sua ��e�S��, FLORIDA 11D��T�TES DE S� EY - 111 FOREST LAKES BOULEVARD CHECKED/QC KOM' , t,� �'�� tq,"� (SEA) � OLOSMAR, FLORIDA 34677 FIELD CREW ��►� ' �� f�� BOUNDARY-TOPOGRAPHIC-CONSTRUCTIONSTAKEOUT BK./PG. K LY �fillc�C�.0 D.�i�� '"'`µ`g��' DATE PH: (813�854-1342 FAX: (813�855-6890 SURVEY DATE PROFESSIONA�'S4JRVEYOR on��PPER 32 LEGAL DESCRIPTION (PUBLIC UTILITY EASEMENT): The North 5 feet of Lots 1 through 6, and the South 5 feet of Lots 7 through 11, Less the East 5 feet of Lot 11, of EARL AND TATE'S SUBDIVISION of Lot 3 of BACHMAN'S PLACE in Section 16, Township 29 South, Range 15 East, Clearwater Harbor, Fiorida, according to plat thereof by Brown & Swingley, Tampa Florida, April 23, 1988, recorded in Plat Book 1, Page 20, of the Public Records of Hillsborough County, Florida (now Pinellas County, Florida). Containing 2729 square feet, more or less. PROJECT NO. 1300202 DRAWMI�F 1300202 UTqJ1Y EASE SF��2 d 2 Exhibit B (Serviced Property) Lots 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13, and the W '/z of Lot 4 and E '/z of Lot 4, all of EARL AND TATE'S SUBDIVISION, according to the recorded Plat thereof in Plat Book H-1, Page 20, in the Public Records of Hillsborough County, which Pinellas County was formerly a part. Page 9 of 9 � , .�� `ci M � o °� �a�,s SECTION 16 • TOWNSHIP 29 SOUTH • RANGE 15 EAST - ''�f °s PINELLAS COUNTY, FLORIDA I , � � ,,�� J j., , �� I Y 4 °��I s °) ;�� _ _ 9 � ,,t��I-;;: '�". _ ' � �� . gJ � ---- --- � � �� ,o � ��„ ,. , � �' . I t � I 1 ,"'�o I pe �•�+ •J F�e� $ � �, CRAPHIC SCALE - _ Y A 4E . a I '° �`b ya I@_s?' ��'��°'�a a �� Y � i�� ``� les� � . Lol 1{ SL Y n S �. \ � 3: Y^ i ��.9 "' a e �.c � 6�•, I 4b �� e ��°:�'�, �s Q e � o e ;_ •.r�" '�� '`° � ,?1' n• y.•• , s?' •S � �•°'.,.4 � .8 �. � d � � i �� :� ...,.,. . ,..n�� ,.. 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W� p�^g„�� '� :'� � - � 5 I `� ��.�::"��" u��+=� ; p;` x h " �� ,y"� ,,a� • o s.:`.c.°��` :uu gaa§., ! g�j � M • I ..� aEw.a.ss�o..,«a.a..ss...owurom�..,w... ks�x2 � PAR�EL 1 S � ° I � ""`a�.��,��.��.��,,.�_..s� �°r�gb�� a 3 (Parcel 16/29/15V23811/OOp/pp10) � EARL&T�.iE'S SUBDIV190N I S In�z xm ro+s¢cv�rc��c��Y�O�p� �V�FSS�� 2 jCi I � !E1 y I P.B.IH-I.PG.20 I xwM ww*s��r uc c�a[wwo sm[[r Y�� a I �,.�9' � � � � I 8 - - iz�.,i�� 3 a'b I ' � � o � o � Fa3� R _ � I �I I g' � � .�o��x,.�.�o o�..o w��.�cnw� ,�� :tt � I � � � � = oI W � � °�� I � I .�.�n:,�..M�g,.�.3 �,.�g..r..�� ° � i I �� I ; I I � � c� N �; � I I I � � z� � � � � I I I I � w w^ " M ._ � I I I I � � = a on � m w°� n`"• ��':�+" ° � I� � I ai m � a � �' ., _ ' �' -- � ° ?—° �,s�„g e c�.�_ r� ^ , �� .r�vmwr mm�maon•�,'� -�� I "' o r,J�° .�e.0 ° �0 9I p "r�es.f'r�'.: S �w i `��, .`� '� '`?•l ;.!t �� s"±° 0 �"'°��'��'. �. F �o � "',, �j �,�.... '\� �Ta,�,r* �.i ��b, K �=—� e�e_ ' c°� � 9 �ao,:s�. �"- j � � �p, �,� ';a ...:,, ��"� `— '�° CLEVELAND STREET ° ��' ' �°°° �, �;� p • �,�, '��-�,��r9 ��a� 4_ a a°.�.. __ ��"� '� #�p, ��av�rees e �,;,� Q� D � LL ° � ea�a�er Planning&Development Department - Public Amenities Incentive Pool Application � IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED IN PERSON(NO FAX OR DELIVERIES) TO THE PLANNING&DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES)AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS(1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. PROPERTY OWNER(PER DEED): 400 Cleveland, LLC MAILING ADDRESS: eVG' an ., earwa er, PHONE NUMBER: EMAIL: mOISeS.agc'itlll f0a rac .ne AGENT OR REPRESENTATIVE: Rieker &Assoc, Inc. (Mark Rieker) and/or Synergy Civil Engineering, �nC. MAILING ADDRESS: agn0 la V@., @ , r an O U O a)/ V , PHONE NUMBER: - ' 0 C , - - C2 - - O C , - - ., EMAi�: mrie er rie erassocia es.com mpa mer synergycivi eng.com ADDRESS OF SUBJECT PROPERTY: 4OO Cl2V@Iat1CI St., Clearwater, FL 33755 PARCEL NUMBER(S): - � - - - ar aessu os , , , LEGAL DESCRIPTION: ee enC OS@ urvey HOW MANY DWELLING UNITS ARE PROPOSED TO BE USED FROM THE PUBLIC AMENITIES INCENTIVE POOL? 3 HOW MUCH SQUARE FOOTAGE IS PROPOSED TO BE USED FROM THE PUBLIC AMENITIES INCENTIVE POOL? N/A IS THERE A HEIGHT INCREASE REQUESTED? YES � NO ❑ IF YES,THEN HOW MUCH? 13' - 1" Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 1 of 2 Revised 01/12 ° �� Planning&Development Department � � ear�wat - Public Amenities Incentive Pool Application U PROVIDE A COMPLETE DESCRIPTION OF THE AMENITIES PROPOSED TO BE PROVIDED (attach drawings, photographs, etc. as applicable): The proposed development will provide substantial public benefit and conform to the City's Vision and the Downtown core by creating a pedestrian-oriented environment, protecting and improving property providing investor and property owner confidence and enhancing the quality of the downtown built ern Specifically the redevelopment plan includes: 52 Residential Dwelling Units (Condominium units of very high quality - on par with other downtown rE 6,500 SF of ground floor restaurant/retail space intended to activate Cleveland and Osceola Streets An exciting rooftop amenity deck taking advantage of beautiful views of the bay and marina Excellent on site storage opportunities not found in competing buildings of this type Improved building architectural character in keeping with the goals and objectives of the City's design Enhanced streetscaping on Osceola to match the beautification in place on Cleveland Street. A reduction in traffic densities in downtown as opposed to the previous Business use of the property. MOST IMPORTANTLY, TO AVOID HAVING A POTENTIALLY BLIGHTED BUILDING IN DOWNTOW� STATE OF FLORIDA,COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this l�J day of representations made in this application are true and ��v �an o y accurate to the best of my knowledge and authorize �,►, Q ' City representatives to visit and photograph the . �,�� /,"7� ,wl o is personally known s property des ribed in this application. produ as identification. < ignature o property owner or representative u ic, ��`�:••P:B�� GERALD P.GUNKEL * � * MY COMMISSION t EE 05 94 My commission expires: 5 r4 0`�p BOfIdCd Planning&Development Department, 100 S.Myrtle Avenue,Clearwater,FL 33756,Tel: 727-562-4567;Fax:727-562-4865 Page 2 of 2 Revised 01/12 LL Y � �3��T/��(3� Planning&Development Department �ti �r i rr�� Comprehensive LandscapingApplication IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED IN PERSON(NO FAX OR DELIVERIES) TO THE PLANNING&DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD, IF NECESSARY, WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS(1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. PROPERTY OWNER(PER DEED): 400 Cleveland, LLC MAILING ADDRESS: eV@ aCl ., earwa er, PHONE NUMBER: EMAIL: m01S@S.agc'�C111 f0a rac .ne AGENT OR REPRESENTATIVE: Rieker &Assoc., Inc. (Mark Rieker) and/or Synergy Civil Engineering, �C1C MAILING ADDRESS: aQnO la V@, G' , r an 0, U O ay V PHONE NUMBER: - ' O C , - - C@ - - 0 C , - - � EMAIL: mrlG' @C rie erassocia es.com mpa mer synergycivi eng.com ADDRESS OF SUBJECT PROPERTY: 4OO CIeV2Ic1I1CJ Stf@@t, Clearwater, FL 33755 DESCRIPTION OF REQUEST: �eVlatlO�'1 fCOtll COCl2 IaC1CISCap@ tC@attll@f1tS p@C tlle @fICIOSeC� appllCatlOtl a Specifically identify rne request an scape arc i ec ure, civi engineering an re a e app ica ion an narr� (include all requested code f/exibility,• @XI I I reques IS u er ar icu a e ICl @ X@CU IVe ummary sec ion e.g., reduction in required number of parking spac_.,, height setbacks, lot size,lot width,specific use,etc.): STATE OF FLORIDA,COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this ��iv day of representations made in this application are true and ��, ,to me and/or by accurate to the best of my knowledge and authorize /��. City representatives to visit and photograph the �� L.J�"�� who is ersona kno has property described in this application. produce as identification. � Signature of, perty owner or representative ic, roy;".:,bei�; GEpALD P.GUNKEL My commission expires: * . � �� MYCOMMISSION#EE05349 Nj,, ' � OKP Planning&Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567; Fax:727-562-4865 Page 1 of 2 Revised 01/12 r- + � Planning&Development Department � � earwater Com rehensive Landsca in A lication p p g pp '�' Flexibility Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE FIVE (5) FLEXIBILITY CRITERIA EXPLAINING HOW, IN DETAIL,THE CRITERION IS BEING COMPLIED WITH PER THIS COMPREHENSIVE LANDSCAPING PROPOSAL. 1. Architectural Theme: a. The landscaping in a Comprehensive Landscaping program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. The project proposes to maintain consistency between predevelopment and postdevelopment green areas, while upgrading the overstory, understory, hardscape treatments and groundcovers in a manner consistent with the proposed updated building architectural treatments and streetscapes. OR b. The design,character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscaping program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a Comprehensive Landscaping program is automatically controlled so that the lighting is turned off when the business is closed. Automatic lighting controls will be implemented for site lighting as appropriate for the proposed use. 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. We are proposing the incorporate the streetscape program elements initiated by the City of Clearwater along Cleveland Street to the proposed redeveloped Osceola Streetscape in addition to other on-site fencing and landscape treatments as identified within the enclosed design drawings. 4. Property Values.The landscape treatment proposed in the Comprehensive Landscaping program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. The landscaping is appropriate for an urban setting and will buffer the parking lot from adjacent areas. The redevelopment will also provide financial benefit to the City due to the value of the property(i.e.the tax base for the City)and the revitalization will bring additional pedestrian activity to the downtown area. Landscaping is in conformance with Downtown Design Guidelines. 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. All proposed design elements are consistent with the City's established program requirements for streetscaping, site triangle vision corridors and quality of new landscape materials. Specifically, screening, decorative fencing and appropriate material selections have been maintained in the design. Planning 8�Development Department,100 S.Myrtle Avenue,Clearwater,FL 33756,Tel:727-562-4567;Fax:727-562-4865 Page 2 of 2 Revised 01112 r Parking Demand Study For 400 Cleveland Street Clearwater Residences Clearwater, Florida Preqared bv• Mahshid Arasteh, PE AMERICAN QUALITY CONSULTANTS, LLC 685 Main Street,Suite D Safety Harbor,FI 34695 �ate:April 19,2013 1 PARKING DEMAND STUDY OBJECTIVE: The goal of this report is to demonstrate that there are adequate unoccupied public parking spaces in the 1000 ft radius of the building at 400 Cleveland Street that would ailow permitting the development of the site with 52 single parking spaces including 3 handicap spaces. Per the approved methodology letter by the City of Clearwater, this report will utilize the information gathered from Garden Ave garage, lots 2 and 5 - Harborview and Coachman, Station Square Garage, Parking on Cleveland St., Laura St., Garden Ave., Hendricks St., Watterson Ave, Ft. Harrison Ave and Osceola Ave to arrive at the number of parking spaces needed for the project. Please see Appendix for the 1000 ft radius Map. The boundaries are: North: north of Drew Street, South: Court Street, East: Station Square Parking Garage, West: West of Drew Street Extension. BACKGROUND: Project owner proposes to rehabilitate and change the use of the vacant office building located at 400 Cleveland Street in Clearwater, Florida (parcel number: 16-29-15-23814-000-0010 Pinellas County Property Appraiser's office ) located at the north east corner of Cleveland Street and Osceola Avenue into 52 condominium units and 6,500 square feet gross floor area of restaurant. The restaurant will have 15 employees and will serve lunch and dinner. METHODOLOGY: Prior to conducfing this analysis, a methodology letter was approved by the staff of both the engineering department and the ptanning department at the City of Clearwater. Per Section 2- 902, Flexible Standard Development of City's Community Development Code, since the project is located in the Downtown District, for Restaurant use 5-10 spaces per 1,000 GFA, and for condominiums 1-1.5 parking spaces per condominium is required. During the methodology review, and per discussions with the City's Planning and Engineering Departments it was decided that 1 space /condominium will be provided on the project site for the condominium use. The required parking for the restaurant use will be provided by unutilized offsite public parking. It was agreed that American Quality Consultants, LLC conduct a parking accumulation study of the offsite parking on a weekday (Tuesday or Thursday) and a weekend day (Saturday) between the hours of 10 am and 7 pm. The following public parking locations were agreed upon: Garden Ave garage, lots 2 and 5 Harborview and Coachman Park, Station Square Garage, Parking on Cleveland street (from Garden Ave. to Water/Drew St. extension), Laura Street, Garden Avenue., Hendricks Street, Watterson Avenue, Fort Harrison Ave and Osceola Avenue north and south of Cleveland Street.The Data was gathered on Thursday February 28, 2013 and Saturday, March 2nd, 2013 between hours of 10 AM and 8 PM. 2 CITY OF CLEARWATER CODE REQUIERMENTS: Per Section 2-902, Flexible Standard Development of City's Community Development Code, since the project is located in the Downtown District, for Restaurant use 5-10 spaces per 1,000 GFA and for condominiums 1-1.5 parking spaces per condominium is required. For the 52 condominium units, per methodology discussions, 1 space per condominium or 52 code-compliant parking spaces are provided on site. The condominium association will provide a 24/7 front desk concierge to assist residents with retrieval and parking. Part of this Level II FLD request is to permit the development of the site with 52 parking spaces at one space per dwelling. 6,500 S. F. of restaurant space at 5- 10 spaces per 1,000 GFA requires 33 to 65 spaces. Note: It should be noted that the project is located in a walkable community. Furthermore, the project location is accessible by bus and many employees could be riding the bus or their bikes to reach the restaurant. Previous studies of restaurants located in similar Iocations (for example Hooters at Clearwater Beach) have shown that 30% of the employees or 30%*15=5 employees do not drive to work and do not need a parking space. Since required parking includes employee parking, 5 less spaces are needed therefore the deficit is between 33-5=28 (MIN) and 65-5=60(MAX) spaces. DATA COLLECTION: Data was collected on Thursday February 28 and Saturday March 2�d, 2013. The data was gathered from Garden Ave garage, lots 2 and 5 - Harborview and Coachman Park, Station Square Garage, Cleveland Street from Garden Ave. to Water/Drew St. extension, (East Cleveland Street from Garden to Osceola, West Cleveland Street from Osceola to Drew Street extension�. Parking on Laura Street, Garden Avenue (North Garden: Drew to Cleveland, South Garden Ave: Cleveland to Peirce), Hendricks St., Watterson Ave, Fort HarriSOn Ave and Osceola Ave. (North Osceola and Ft. Harrison: Drew Street to Cleveland, South Osceola and Ft. Harrison Cleveland to Court). Please Note: Both evenings, 8 spaces on Cleveland Street were blocked off in front of Capitol Theater and 400 Cleveland Street for valet parking for an event in Capitol Theatre at 7:30 pm. Weather was pleasant and between 51 and 60 degrees Fahrenheit. The following Tables summarize the data collected: 3 Table A - DATA COLLECTION - Weekdays - Thursday February 28 Number of Unutilized Parking Spaces Garden Ave Garden Hendricks Ft. Harrison Garage Ave** Cleveland St*' St Ave** Osceola Ave** Blocked for Capitol Re ulan c� N S East West Hc Theater N S N S Number of spaces available 250 7 28 35 25 40 2 18 14 19 12 11 10AM 145 6 27 3 3 36 1 0 14 4* 2 12 8 11AM 146 6 25 4 3 37 1 0 15 3* 3 12 10 12PM 158 6 22 3 2 36 2 0 15 4" 1 12 9 1 PM 160 6 20 4 3 38 2 0 16 3" 1 12 9 2PM 161 6 24 5 3 38 1 0 18 4' 2 12 10 3PM 158 6 28 5 3 40 1 0 18 3* 3 12 10 4PM 157 3 28 5 4 40 1 0 17 3* 19 12 11 5PM 157 3 28 3 7 40 2 0 17 3` 19 12 10 6PM 157 3 28 2 0 38 2 0 16 5 4 12 7 7PM 182 4 23 0 3 30 1 8 16 5 0 12 6 8PM 182 4 19 12 0 27 1 8 15 2 0 11 4 *City Trucks were occupying the rest of spaces working on the sidewalk *` Please Note: For the counts recorded above,Cleveland Street was divided into east Cleveland and west C�eveland. Limits of east Cleveland Street are: Garden to Osceola, limits of west Cleveland Street are: Osceola to Drew Street extension. Garden Ave.was recorded as Garden Ave north(Drew to C�eveland)and Garden Ave south(Cleveland to Pierce),limits of north Osceola and north Ft.Harrison are:Drew to C�eveland.Limits of south Ft Harrison and south Osceola are:Cleveland to Court. 4 Table B - DATA COLLECTION - Weekdays - Thursday February 28 Number of Unutilized Parking Spaces (Continued) Station Square Parking Harbor Laura St." Watterson Garage view East West Re HC Re HC Number of available s aces 7 6 17 96 4 316 4 10AM 4 6 16 90 3 302 4 11AM 4 6 15 88 3 297 4 12PM 4 6 14 88 3 297 4 1 PM 4 6 17 86 3 305 4 2PM 4 5 13 82 3 306 4 3PM 4 5 14 82 3 300 4 4PM 4 5 13 82 3 306 4 5PM 4 6 14 84 3 305 4 6PM 4 6 13 86 3 305 4 7PM 4 6 12 91 3 306 4 8PM 4 0 9 91 3 310 4 5 Table C - DATA COLLECTION - Weekends - Saturday March 2 Number of Unutilized Parking Spaces Garden Ave. Hendricks Ft. Osceola Garage Garden Ave Cleveland St St Harrison Ave Blocked for Capitol Re ular HC N S East West HC Theater N S N S Number of availabie s aces 250 7 28 35 25 40 2 18 14 19 12 11 10AM 232 6 25 10 19 27 2 8 18 3 13 12 11 11AM 212 6 27 9 5 36 1 8 14 4 15 12 9 12PM 206 5 29 9 7 16 1 8 17 4 15 11 8 1PM 222 5 25 8 12 21 1 8 16 2 12 11 5 2PM 220 5 26 8 9 28 2 8 15 4 11 10 2 3PM 222 6 25 6 8 28 2 8 18 2 11 11 4 4PM 221 6 23 8 8 32 2 8 18 6 7 11 3 5PM 221 6 22 9 6 40 2 8 18 7 7 12 5 6PM 219 6 24 9 12 34 2 8 18 6 7 12 8 7PM 226 6 29 11 6 28 2 8 16 5 2 12 10 8PM 231 6 25 12 0 29 2 8 16 1 1 12 10 6 _ _ Table D - DATA COLLECTION - Weekends -Saturday March 2 Number of Unutilized Parking Spaces (Continued) Station Square Parking Harbor Laura St. Watterson Garage view Wes Re East t HC Re HC Number of available s aces 7 6 17 96 4 316 4 10AM 4 2 12 84 3 312 4 11AM 4 1 7 84 3 297 3 12PM 4 2 8 81 3 287 3 1PM 4 2 8 84 3 286 2 2PM 4 2 11 81 3 287 2 3PM 4 2 13 82 3 300 3 4PM 4 1 10 82 3 306 3 5PM 4 4 14 85 3 310 4 6PM 4 3 13 86 3 314 4 7PM 4 0 10 82 3 316 4 8PM 4 0 11 80 3 316 4 7 TABLE E - DATA ANALYSIS SUMMARY OF TABLES C8�D WEEKENDS ' MINIMUM NUMBER OF Harbor UNUTILIZED view 8� SPACES Hendrick Laura Coachman (see note Cleveland Street St St. below) � Total Minimum Number of Unutilized Spaces (sum of Blocked yellow H for shaded H / Capitol columns) / E W C Theater E W Re C Number of available s aces 25 40 2 18 7 6 316 4 10AM-7PM 5 16 1 8 14 4 1 286 2 7PM-8PM 0 28 2 8 16 4 0 316 4 Note: On the day the counts were taken 109 spaces in Coachman parking lot were fenced off The above table is the summary of data from tables C & D for the weekends. This data shows that in the immediate vicinity of the project at least 31 regular and 1 handicap on street parking spaces with at least 2 hr parking limit are unutilized - during hours of 10 AM and 7PM. In addition, 286 regular and 2 handicap parking spaces are unutilized in the Harborview and Coachman parking areas that are not metered. Please Note: On the day the counts were taken 109 spaces in Coachman parking lot were fenced off. Also, note that parking on street is free after 6 PM. These counts do not include the minimum 206 regular parking and 5 handicap parking spaces that are available in the Garden Street Garage (see table Cj as well as the minimum 80 regular parking spaces and 3 handicap spaces that are available in Station Square Parking Garage (see table D). (t is important to menfion that the Harborview parking lot is not metered so patrons do not have to be concerned with limits on hours parked. For the same reason, it is important 8 to mention the avaitable parking spaces in the Garden Avenue and Station Square Parking Garages. TABLE F - DATA ANALYSIS SUMMARY OF TABLES A8� B WEEKDAYS MINIMUM � NUMBER OF ' UNUTILIZED Harbor SPACES view and Cleveland Street Hendricks Laura St. Coachman Total Minimum Number of Spaces Available Blocked (sum of H for yellow / Capitol shaded East West C Theater E W columns) Re H/C Number of available s aces 25 40 2 18 7 6 316 4 10AM-7PM 0 36 1 0 14 4 5 297 4 7PM-8PM 0 27 1 8 15 4 0 306 4 Note:On the day the counts were taken 109 spaces in Coachman parking Iot were fenced off Table-F is a summary of the data from tables A & B for weekdays. This data shows that in the immediate vicinity of the project at least 42 regular and 1 handicap on street parking spaces with at least 2 hr parking limit are unutilized during hours of 10 AM and 7PM in addition to 297 regular and 4 handicap parking spaces in the Harborview and Coachman area that are not metered. Please Note: On the day the counts were taken 109 spaces in Coachman parking lot were fenced off. Also, note that parking on street is free after 6 PM. 9 _ __ These counts do not include the minimum 145 regular parking and 3 handicap parking spaces that are unutilized in the Garden Avenue Garage (see table A) as well as the minimum 82 regular parking spaces and 3 handicap parking spaces that are unufilized in Station Square Parking Garage (See table B). It is important to mention that the Harbor view parking lot is not metered so patrons do not have to be concerned with limits on hours parked. For the same reason, it is important to mention the available parking spaces in the Garden Avenue and Station Square Parking Garages. PARKING DEMAND ANALYSIS: The non-residential component will not include any on-site parking spaces and will rely on unoccupied public parking spaces in the 1000 ft radius of the building. From our previous analysis, we know that there is a deficiency of 28 - 60 parking spaces for the project. Table E shows that there are a minimum of 317= ( 286+31) regular and 3 handicap on street public parking spaces in the 1000 ft radius of the project that are unoccupied. In addifion, Garden Avenue and Station Square Parking Garages provide a minimum of 286= (206+g0) regular and 8 handicap unoccupied parking spaces. This data is for weekends. 603» (28 — 60) required spaces. Please note that these counts do not include the 22 unoccupied parking spaces on Garden Avenue N, 5 unoccupied parking spaces on Garden Avenue S, 5 on Cleveland Street east, 7 on Watterson, 2 minimum on Ft. Harrison north and south, and 12 spaces on Osceola north and south for a total of 656 unoccupied spaces (minimum). 656 unoccupied » (28-6� required Table F shows that on weekdays there are a minimum of 342= (297+42) regular and 4 handicap on street public parking spaces are unoccupied in the 1000 ft radius of the project. In addition, Garden Avenue and Station Square Parking Garages provide a minimum of 227= (145+82) regular and 6 handicap parking spaces. This data is for weekdays. 569» (28-60) required spaces. Please note that these counts do not include the minimum 20 available parking spaces on Garden Avenue N, 9 on Watterson, 2 on Ft. Harrison north and south, and 15 spaces on Osceola Avenue north and south for a total of 615 unoccupied spaces (minimum) . 615 unoccupied » (2&60) required Institute of Transportafion Engineers for Land Use 931: Page 263, Quality Restaurant on a weekday, shows a maximum Peak Period Parking Demand of 15.4 vehicles per 1,000 sq.ft. GFA, Page 264, Quality Restaurant on a Saturday, shows a maximum Peak Period Parking Demand of 17.2 vehicles per 1,000 sq. ft. GFA. 10 The caiculation results in a maximum of (17.2 * 6,500 sq. ft.: 111.8) -5 spaces for employees =107 parking spaces for restaurant. 615»107 Pease note that there are many special events held in Downtown Clearwater and in the vicinity of this project. For example: Farmers Market, Blast Friday, Miracle on Cleveland Street, events in the Capitol Theater and the Coachman Park. On both days that the data was collected special events were held in Capitol Theater and in Coachman Park. Both evenings, 8 spaces on Cleveland Street were blocked off for Valet Parking for an event in the Capitol Theatre at 7:30 PM. Also, 109 spaces in Coachman parking lot were fenced off. tt was observed that during these special events the parking spaces on Cleveland Street west of Ft. Harrison as well as the spaces on Ft. Harrison were filled first. Then the spaces on Laura Street and Watterson were filled. The data used in this analysis is the minimum number of unoccupied parking spaces - namely when the events were in session. CONCLUSION: As demonstrated in this analysis, the proposed 49 single and 3 handicap parking spaces provided by the project adequately address the project parking demand. In addition, fourteen of these parking spaces could be utilized as double-stacked parking spaces. The double-stacked parking spaces could be assigned to certain condominiums that have needs for two parking spaces. The condominium association will provide a 24/7 front desk concierge to assist residents with retrieval and parking. This analysis also addresses the requirements of the Institute of Transportation Engineers (ITE) Parking Generation. It should be noted that Downtown Clearwater serves as both the City and Pinellas County's government center. As such, many of the patrons could also walk from their houses, condominiums or offices, in the vicinity of the project, especially for Lunch or Dinner to 400 Cleveland Street. The project is accessible by bus and many customers or employees could be riding the bus or their bikes to reach the project site. Downtown Clearwater and the retail on Cleveland Street offer boutique type shopping opportunities in a walk able community setting that requires minimal parking. 11 � � � � � � � � � � '---- � � � ( fi I 7 � � � �_ � r f � f � 1 ! I ,�_ S -, � �;� i i , � 1 # � s + I ; � 1 . . ..r.rs;z 1 F�� _ '__�_____`_�_...._ ��_A��_ � ...._.' ��—� __1_�_�` _ __��_ � ... J •c�'� .•J ,, 1 � r � 1 ' . . . .. . .. .._ . _ � � I ._ ..... . �_ �� t . � �uru� - — _ __ _ �._� __._1....._ ... . ......�_. .!�'.�lL. �.`�"R_. i��:.1Y� � t . �� ... ..� t . � �, L �... ._,.�.�.!.f e......�F�.. . �1�T •T � .o ....'�e �—a— ` "'a'�"�� ..� � .-.. � � • 1- i ,. • �, .r..�. �.. 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"F' � ��' ,�� r k �' . . � - `�� > �a� , ... _ 1 . ,. , f'.�' �' , , , '� � �y �ffi� -�''�, '�" � qw� ; . �" :a '��a e`� ' � � � ,. 4 """" ° ��3 n , .. . , �oU'E�` � . ¢ `' '� � £ „ . � � � � .. . � � � �� * t�w�-'„ .a § *`��.�� .�� ! � `t � < � � ... .»�' :._. 1000 ft radius Maq North : north of Drew Street, South: Court Street. East : East of Station Sauare Parkin� Gara�e, West: West of Drew Street Extension. Parcel dimensions: 150ftX260ft 13 DATA FROM Citv PARKING STAFF Hello Mashid, Attached is the map of the downtown parking lots showing number of spaces and loctions. It also has a legend for the street meters but doesn't show the exact count per street. The counts are listed below for the street meters. • Cleveland Street has 79 2-hour meters; 2 HC spaces and 6 30-minute meters. This count is from East Avenue to the water/Drew Street Extension Area. • Osceola Street North of Cleveland Street from Drew ST. to Cleveland Street has 12 1-hour meters; South of Cleveland Street from Pierce to Court Street has 1 oversize space 2-hour meter and 10 regular size 2-hour meters. • Laura Street has 6 2-hour meters on the West side of N. Ft. Harrison. There are 7 2-hour meters on the East side of N. Ft. Harrison. • Garden Ave Garage has 250 spaces-Pay In Lane daily or purchase monthly access cards • Station Square Garage has 96 spaces. (Cale Pay&Display meters; monthly permits available). • UVatterson Ave. has a total of 17 2-hour meters . Hendricks Street has a total of 17 10-hour meters; and 1 2-hour meters(located on Laura Street from Watterson to Ft. Harrison) . North Garden Ave has 19 10-hour meters& 14 1-hour meters • South Garden Ave has 42 2-hour meters and 5 1-hour meters Let us know if you need any more information for your project. Thank you, Sue Tellier Parking System Administrative Analyst ��' 't 14 METHODOLOGY LETTER q ._ ' :.,.M . ` y �` T / � ^� y+� "3s.s -�isY.�:s tR4 Y�d :�s�";l�i 1:F�If 3r�:,.. 3AP.;,.'�2 2.....v��-,F . `. g a..- ��;- .... . . .,..., , . ... ... -v� .� �.�_:. _.: .._ �:5 .;: . . . �. -. .3'� . .�_.... . .. -�_. ...._.:. v;y,f C'=.w*u��ter, �',;�;�c,c; =_^^a�ty 2',_";'3 �:��t '.ir ��,�,:I_�Q �?�.fi:',lr.�.la��=>ny :r:��.�t�1y^`e,a`ae _e.3rr��te$,_�...":' RE: :Ja�'=e�:��arrd 3treat.';.�sarA�ater R3e�9�rces =i�_.r5: —,.3 S'.b 3?:'V??rS d:,onhC�.,�.'vC�y �?'°..F#.�t'",�i�'�"q�+�?,ni?t�fd�'':C�;!'Jt'!'B�OV,a•,,;.,�,rTEA:'�?�t. ,^°";r=�t ?t»1�:�v?R3�NQ '.''�t�.��gFS Cf 2=:^�7GR!�'-.�►1 1?'tS:;t;�4 t�! �r Jf'�'�. —.S y;:'E�:t'�1�.t':'U'.� S�3",J.�_3y�'g(^�.:�C:S, "ti�r."�,C=".r..".-�':.�.t!t','Mj�^.�Cc'$, =-^<�'.S ':�� €'_:�'��'�:"� _��:�-f�x�:.?�lf', °L;.�ar�^Q?•�A.cc'w;.e#:�:,?e�_3c�. _'.* �?C..GRi�-�?2, r�'X�€$u?3lt�l'd�3Y�"{�"€?I2.?t:f V 1'y'S�aiiTli•^>1Y 1r�"��C�Y"??t{4�-'rC� �r+rg��"';t�.'?S '.y £'�'vVJI".* `N?11: +.. ��n �' t �..� �� I;.iF!1, ,°C+t�?�'.!1_��i�:":��F'f`d`C$�-4 :s....tBC,d1:'t G �S.,� �,.�..:SI3+�',.tit.+a..,,. �, ES„� , �. ?:�:es �r ,.:��'�7�r".A�!�,,r:,��n;�sums ?-� :��t,n�g s�a�;�wc�r;,Jn�v�r?�n:,un �?��.Yr�s1. =�r;�s�.ss�s e�.th:�^�C ry s r'sr.n;r,5 ar,d�?��reer�rg D�car!me^ts,� �5 s;,ac�s�_��c�n�r•�im .v��^e��cN�;ri ;a :�� act s.t�. ;? ��x5c=�5<i� �rev��a3 :�d :ie;4,25'.x5=21) •w�°=esT�.,r�t ��r:g , ��cs��.e ��i�:�r�x��ls�ci.�s,.�zes!r-ffsrte�u��rrc�ng. 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W�ekc��y _ _.___�.w_.�_._._.,. _ _.__ _....._._.�.._�____ . st�►tistic . _._ ... ._m_.._. � ��ak Per�csdl3�m�t�t! ., __ . _ _.._; � fx�f {C<<�m '��t•, t C�'i-�xs: _._...___ ._ _ _. . �f�S.�(T; ( x:S,:.4�h �3l�L7^� _ t. � ._ . . , ._ ......_. . .,._._ .. . . . d4.li�'4�G tit°Zf_J �3.1ti.`,�, f•e,... .. . .:�.!{ � `.�t i�y``*, . . - _. _ r�=r�r��i"��GW �' r,r�: � a t��:['i r ,,�t, 4' .`5 . .1 .t��;� C�t 'ei�b =u " �;f�. � -" _ .u.__. __ , - t<ir;,��t '.`.�+��t ��; � '' _ . �. __ _ _ .. Y ��c_�+ t .t�a._��, s ai;:�<_ �� r, � ___ �___.. .. - - _._�.._.__ �.-t.:<� ' - ,� - _ F�.:� �. ' .3< �E � )�„ .�. ;i C�f'�, � �". "' :K "�'! f^I ! �'tT4!s� at1� ��.3.} 4:�a�.�n. �'T f:�/'S . ;7L e` ff ,;1`,`_I�.` __,__, ._��_: t — _ _ _. _ _ �x r,[;� ( �"C�!��,. �r_°i �r31=:r��; �,H�( d f3 7 ,-, 1'� �,��ii Vlteekday Peak Period Parking Qem�nd � �U�} � � 1��J , . > � 1dU , + . '� • • � ,� • . . . � �t� . �� CL. C) _ _ � 2 � 6 8 '�(� 12 x = 1,Qi}0 sq. ft. GFA � ...::�.s.3i..ra.r,.�''+:7".�"� 17 L.�nd Use: 931 �uatify� Rest�ur�nt Averac�� Peak Periad Parkirrg D�m�nc! vs: �,OCfO sy. f#. +GFA CDn a; Saturday ___ __.______--- [ St�tist3c_ _ . __. ` P�ak Per'rad Damand .=e� � t r:.�r.1 . . . . . .. . . .�._._._.<......, ._..v.:._.........�, _ _ �.�t� .i_i1r; g r� ^�cta�i :r ,>�'^.,�:.� ".?t�,.� .� __ __ _ i-�W r.�r,3�� . . � .._.. . ..� il .a r`�:, � �,v _ -� �f?r-� 4� P ,, ! ri , � � ... �__ ,�� __� a�. ( , t s ,L-�'�:t`I.a:�,, ':7 . . r�,�.#i s..M,t ° t? t '';F t, . .. ... , 4�y , s _ ... .. � ....,.. _-._.. ��if,.3akF 2 F�)w�eeiE�d7�"! ..... .... . .. _ „ 2.; _ . . _.,_....... ..__ . _. :.f E�'�1 Y; } exti:f�,'11 . .. r..�.� .......... . � .,. ..._. .._.... .... , }. ., ��<3S't��< . . . ... .... :i ;-� : ,�..;�t.� ,;�F�p� �rlv.e� f� {;i:..,;. . _ _ -- � � - _..__ - ^i':kPY F'�'€b�a�tt�ts <�1 i 'e-P".kEa.�E,3 ; ��,f t.2 � p�,� ; �`a' 7 S-�.'f?:e+i'S'-Ic„_ . ... .. . . �r � `!'t:�f�i�3E-'` 3.�� "�Sr}_f ti'�, . Saturday Peak Periad Parking Demand � 1�C� � �4�1 • * :c �2{� . > 1 CJt� � �� . � f�i€3 � . « p„ 4� a 2(� ri. �� 0 � � � f� 1t? x = 1,000 sq. ft. GFA + ._�,� � _:,�4:,,t== 18 _, �.;�_' {�?. -Flexible standard development. ,. ' The following uses are Level One permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable provisions of:�_�r��..;�: ;. Table .'.-=>�1?. "D" Flexible Standard Development Standards ' Use Max. Min. Off-Street ; ' Height Parking �� (ft•) � � __ _ _ . _ _ _ _ _ _ _ _ _ _ _ Accessory Dwellings n/a n/a _ _ _ __ _ _ _ __ _ _ _ _ Alcoholic Beverage Sales 30-50 3-5 per I,000 GFA _ _ ____. _ _ ___ _._ _ __ __ ___ Attached Dwellings 30-50 1-1.5 per unit _ _ _ _ _ _ _ __ _ _ _ _ Bars 30-50 3-10 per 1,000 GFA _ _ _ __ ___ __ _ _ _ Convention Center 30—SO 5 per I,000 GFA _ _ [ndoor 30-50 3-5 per 1,000 GFA(1) Recreation/Entertainment Facility _ _ _ __ _ _. _ _ ___ __ _ _ _ _ __ _ . _. Mixed Use 30-50 Based upon specific use requirements . _ __ _ ___ . _ _ _ _ Nightclubs 30-50 3-10 per 1,000 GFA _ __ _ _ _ _ _ ._ Oftices 30-50 1-3 per I,000 GFA(1) _ _ _ _ _ _ _ __ __ _ _ Overnight Accommodations 30-50 .75-1 per unit _ _ _ _ __ __ __ _ _ __ _ _ Parking Garages and Lots 50 n/a . _ __ _ _ _ _ _ _ __ __ _ _ _ _ _ _ Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community , ' development coordinator based on ITE Manual standards __ _ __ _ _ _ _ _ __ _ _._ _ Places of Worship 30-50 .5-1 per 2 seats _ _ ___ _ __ _ _ . Public Transportation Facilities 10 n/a _ _ _.__ _- _ . _ _ _ _ _ _ _ Restaurants 30-50 5-10 per 1,000 GFA(1) Retail Plazas 30-50 4 per 1,000 GFA Retail Sales and Service 30-50 2---4 per 1,000 GFA(1) Social and Community Centers 30-50 2-4 per I,000 GFA _ _ Utility/Infrastructure Facilities n/a n/a For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtie Avenue that have no existing off-street parking spaces,nor the ability to provide any off-street parking spaces,the use(s)of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. 19 Alan Mayberry Consulting Arborist Tree Inventory/40� Cl+eveland Street March 6, 2013 Prepared Bv: Alan Mayberry, Consuiting Arborist ISA Certified Arborist##SQ-0305 Prepared For: Rieker &Associates, inc. The foliowing repart is submi#ted by Alan Mayberry, Consulting Arborist, and includes findings that 1 believe are accurate based an my education, experience and knowledge in the field af Arboriculture. My findings are ciinical in nature and based on scientific research in the field af Arboriculture. In addition, my findings are based on personal observations of over 30 years of experience in the broad field of Arboriculture, I have no interest personaliy or financially in this property other than the preparation of this report and I believe my report is fac#ual and unbiased. The purpose for this report is to canduct an assessment of trees at the subject property in respect to their health and structure and consideratians for preservation potential. Tree In�entory Overview The following tree inventory provides an overall condition rating for all trees located on the subject property that are 4" in trunk diameter or greater measured at 4.5' above grade and palm species with a clear trunk of 10' or greater. The overall condition rating reflects an assessment of a tree's health, structural integrity and to a lesser degree its aesthetic contribution. Tree Inventary Data section which follows the tree inventary pravides an explanation of the rating system and how individual trees are scored and evaluated. The methodology for conducting this tree assessment is defined in the arboricultural industry as a Visual Tree Assessmen# (VTA). Trees are assessed by visua) observation of the foliage, major scaffold branches, secondary branches, the trunk and partions of the root system that are visible. NOTE: A tree inventory is typicaily valid for 3-5 yeaes. However, events such as drgught, lightning, mechanical root damage, freeze, improper maintenance and se�ere storms can downgrade the rated value of a tree. Conversely, remedial maintenance can upgrade#he value. If you suspeck that a tree has been adversely affected, have the tree inspected by a qualified International Society of Arbo�iculture (ISA)Certi�ed Arbarist. NOTE: Wheneuer possible it is advised to adhere to invento�y recommendations when selecting trees to be preserved. For example, trees or palms rated 4.0 and higher are strong candidates 1 to be cor�sidered for preservatian, while trees or palms rated 2.0 and lower should be removed uniess otherwise noted in the inventory. Trees or palms rated 2.5 are generaiiy recommended for remova! unless remedial work is performed ta upgrade them, Trees or palms rated 3.0 and 3.5 are average trees that have goad potential and are worthy of preservation efforts. NOTE: Tree size references trunk diameter in inches for trees (measured at 4.5' above grade unless the tree #orks below that point - then the diameter is measured at the narrowest area between grade and the forlc. N�TE: Any references in the following tree inventory recommending tree pruning should only be performed by International Society of Arboriculture (ISA) Certified Arborists skilled in pruning to the standards defined in the American Nationa! Standards Institute (ANSI) pubiication, ANSI-A,3p0 Part 1: Tree, Shrub and Other Woody Plant Maintenvnce —standards Practices, Pruning and the International Society of Arboriculture's companion publication: Best Managemen# Practices, Tree Pruning (Revised 2008). NtJTE: Any reference to future manitoring of trees ar further inspeciions of trees should onfy be per#ormed by ISA Certified Arborists wha have verifiable proof that they have attended and received CEU's (continuing educational units) in ISA supported tree hazard risk assessment seminars. NOTE: Any recommendations for cabling and bracing of trees in this tree inventory should onty be performed by ISA Certified Arborists skilled in this arboricuitural practice an+d in canformance with the methodology as defined within the In#ernational Society of Arboriculture's publication: Best Management Practices, Tree Support Systems: Cabling, 8racing, Guying and Propping {Revised). NOTE: Any recommendations in this tree inventary for structural pruning should only be performed by !SA Certified Arborists skilled in this type of pruning and in canformance with#he methodology as defined within the International Society of Arboriculture's publicatia�: Best Management Practices,Tree Pruning(Revised 2008). This tree in�entory was conduc#ed on March 6, 2013 The following tree inventory starts with tree #150 and ends with tree# 155. The tree numbers reflect the numbers on aluminum tags that are placed on the west side af each tree at approximately 5' above grade. 2 Tree Inventory Tree # Size S�ecies Rating 150. 10" laurel oak (Quercus laurifoliaJ 2.0 Comments: There is large deadwood in the top af this tree and the crown is experiencing 20% dieback. The tree is also suffering from iron chlarosis due to the high soil pH created by the leaching ofi caicium ca�bonate from the asphalt sub-base surrounding the narrow planter this tree is growing within. The deciining health of this tree could be reversed if a plante� with a minimum width of 20' is creat�d around the tree and the soil pH issue is addressed. However, as this scenario is unrealistic in a downtown core setting, removal and re�lacement with an accent tree is more practical. Recommend removal. 151. 18' C.T, saba) palm (Saba!palrnetto) 4.0 Comments: This palm is very healthy. Recommend removing dead fronds and seed pods to reduce mainienance related to the sprouting of seedlings. 252. 26" (ive aak (Quercus virginiana) 3.5 Comments: This tree has a live crown ratio of approximately 25°� which is paor and the crown density is below average. The tree has been over pruned to the extent that some branches are lian-tailed. The overall structure is good and the tips are foliated indicating good health. The roots are buckling the asphalt pavement in a few areas surrounding the planter and the tree has developed a large surface root that is growing inside of a curb on the north side of the trunk. The overall rating of this tree will improve as the tree grows higher and the live cfown ratia and crown density imprave. However, the planter width will have #a be increased to accommodate the root plate area and associated large lateral roots. A planter with a width of 20' wau{d be ideal but any increase in the planter width will benefit this tree. This tree is healthy with good overall structure and provides needed canopy in the downtown area. !f preserved, remove deadwood and minimize the removal of live branches except for pruning that improves structure, provides clearance or removes weak branches. Recommend preservation. 153. 42" live aak (Quercus virginiana) 3.5 Cornments: This #ree is has a live crawn ratio of approximately 35°lo and the crown density is slightly beiow average. The overall structure is very good as the large scaffold branches have u- shaped crotches with the exception of one included codominant branch. The tree produces a 3 large scaffald branch 6.5' above grade on the north side that has included bark. if the tree is to be preserved, I recommend bracing this branch per industry standards �see note) or removing the branch utilizing reduction cuts until the aspect ratio of the branch diameter in relation to the trunk is 4ess than 50% (i estimate 3 years of structural pruning). Some of#he large latera! branches are too low for vehicular traffic (one branch has wounds on the underside from high vehicles). If this tree is ta be preser�ed, I recommend increasing the planter width to the extent that the lateral branches have a minimum clearance of 14' above grade. Furthermore this tree has a large girdiing root on the south side that should be removed. This tree has a very attractive form and will provide high aesthetic benefits to this site and the surrounding area. I Recammend preservation if the plan#er width can be increased and #he includedJcodominant issue can be mitigated. Recommend preservation. 154, Multi-stem Japanese privet (Ligustrum japonicum) 3.0 Comments: This #ree is heal#hy with a good appearance. The north stem has a large area of decay and it may need removal in the future. Recommend preservation. 155. 8 stems Paurotis palm (Acoelorraphe wrightii) 2.5 Comments: This palm has had numerous stems remaved from the cluster in the past. I did not observe conchs or other fruiting badies indicating the presence of a debilitating disease. However, I suspect this palm is succumbing to drought stress giving its location in a non- irrigated heat sink. The paurotis palm requires a moderate amnunt of irriga#ion to maintain health. Recammend preservation and adding irrigation. Recommend preservation, This concludes the tree inventory.The f�llowing is an explanation of the tree inventary rating system. Tree tnventory Data A tree inventory is a written recard of a tree's condition at the time of inspection. It is a valuable tool #o prioritize tree maintenance and remove trees with problems that could fead to failure and cause personal injury or property damage. The tree inventory lists four cades and also has a comment section. The following is an explanation of the data used in the inventory: Tree# - location- Each tree is assigned a number far reference in the inventory that corresponds with a number on the site plan that identifies the location of the tree in the field. Size—Tree size is a measure of the tree's trunk diameter measured at 4,5' above grade. If there is a fork in the trunk at that point the diameter is measured at the narrowest area belaw the fork. Palm species are measured in feet of clear trunk (C.T.). 4 SpeCieS — Each tree is listed by its common and botanical name the first time it is iisted in the inventary. For sirnplicity the tree is listed by its common name thereafter. Condition Ratin� — The condition rating is an assessment of the tree's overa!! structural strength and systemic health. Elements of str�cture include: 1) the presence of cavities, decayed wood, split, cracked, rubbing branches etc., 2} branch arrangements and attachments, i.e., well-spaced vs. severa! branches emanating from the same area on the trunk, codominant stems vs. single leader trunk, presence ofi branch collars vs. included bark. Elernents of systemic health reiate to the tree's overali energy system measured by net phato�ynthesis {food made) vs. respiration (food used). A tree with gaod systemic health will have a vascular system that moves water, nutrients and photosynthate around the #ree as needed. Indicatars of a healthy systemic system used in the overall condition rating include: 1) live crown ratio {the amount of live crown a tree has relative to its mass), 2} crawn density {density of the foliage), 3} tip growth {shoot elongation is a sign that the tree is making and storing energy. The overall condition rating also takes into consideration the species, appearance and any unique features, The rating scale is 0-6 with 0 being a dead tree and 6 a specimen. Increments of 0.5 are used to increase accuracy. Examples o#the tree rating system are as follows: 0-A dead tree 1- A tree that is dying, severely declining, hazardous, harboring a communicable disease or a tree designated by the State of Florida's Exotic Pest P1ant Council as a category #1 ecologicai pest i.e., Brazilian pepper tree (Schinus terebinthi}'olius). A tree with a rating of 1 should be removed as it is beyond treatment and is a threat to eause personal injury or property damage. 2 —A tree exhibiting serious structurai defects such as codominant stems with included bark at or near the base, large cavities, iarge areas of decayed wood, crown dieback, crackedjsplit scaffold branches etc. In addition, a tree with health issues such as low energy, low live crown ratio, serious disease or insect problems, nutritional deficiencies or soil pH problems. A tree with a rating of #2 should be removed unless the problem(s) can be treated. A tree with a #2 condition rating wifl typically require a considerable amount of maintenance to qualify for an upgrade of the condition rating. 3- A tree with average structure and systemic health and with problems that can be corrected with moderate maintenance, A tree with a codominant stem not in the basal area that will be subordinated or cabled and braced ar a codominant stern that will soon have included bark can be included as a #3. A tree with a rating pf#3 has average appearance, crown density and live crown ratio and should be preserved if possible. 4- A tree with a rating of 4 has good structure and systemic health with minor problems that can be easily corrected with minor maintenance. The tfee should have an attractive appearance S and be essentially free of any debilitating disease or insect problem. The tree should also have above average crown density and live crown ratio. Mature trees exhibiting scars, o!d wounds, small cavities or othsr problems that are nat debilitating can be included in this group �articularly if they possess unique form ar other aesfihetic amenities relating to their age. A tree with a rating of 4 is valuable to the property and should be preserved, 5 — A tree with very high live crown ratio and exceptional structure and systemic health and virtually free of insect or disease problems or nutritional deficiencies. A tree in this category should have a balanced crown with exceptionai aesthetic amenities. A tree in this category shvuld be of a species that possesses characteristics inherent ta longevity and withstanding construction impacts. A tree with a #5 rating lends considerable value to the site and should be incorporated into the site design. A tree with a #5 rating is worthy of significant site plan modification t�ensure its preservation. 6 — A specirnen tree. A specimen tree is a tree that possesses a combination of superior qualities in regards to systemic health, structural strength, crown density, live crown ratia,#orm (balanced crown), overall aesthetic appeal, size, species, age and uniqueness. A great effort should be made to p�eserve a specimen tree including shifting structures that would adversely impact the tree. In addition, a specimen tree shoufd have an undisturbed area equal to its d�ipline (equal to the branch spread) to graw in. Only an experienced and competen# lnternational Society of Arbariculture (1.S.A.) Certified Arbarist should be allowed work on a specimen tree. Cornments: The comment section serves to note obsei-vations relative to the tree but not covered in the inventory data or expands on information in the inventory data. It may include maintenance rQCOmmendations to improve the tree's overaH condition rating. 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No.63743 Page 1 of 3 STORM WATER PROJECT NARRATIVE PREPAREDFOR 400 Cleveland, LLC A. PROJECT NARRATIVE The project is located at 400 Cleveland Street, and consists of building interior remodeling, revised/enhanced parking lot layout, revised patron entry/exit access onto the sidewalk along Osceola Avenue, coordination with the City of Clearwater regarding, utilities, and site modifications as required by the City of Clearwater. The subject site is located within flood zone "X" as shown on National Flood Insurance Program Map panel number 12103C0108H Map, dated 5/17/05. B. EXISTING CONDITIONS The subject site currently, contains two commercial buildings and associated driveways and parking areas. The entire parking area of the subject parcel is graded to direct storm water runoff towards Osceola Avenue where it enters a municipal storm sewer system. All storm water runoff is conveyed into the municipal system by surface drainage and onsite storm sewer collection system. • Existing Building Area = 13,661 Sq. Ft. • Existing Paved Parking Area = 15,774 Sq. Ft. • Existing Green Area = 3,065 Sq. Ft. Existing SurFace Conditions Pre-Development Lot Total Impervious Area Total Pervious Area Area (S4.FT•) (SQ.FT.) (SQ.FT.) 32,500 (0.746 Ac.) 29,435 (0.676 Ac.) 3,065 (0.070 Ac.) Proposed Surface Conditions Post-Development Lot Total Impervious Area Total Pervious Area Area (SQ.FT.) (SQ.FT.) (SQ.FT.) 32,500 (0.746 Ac.) 29,435 (0.676 Ac.) 3,065 (0.070 Ac.) Page 2 of 3 STORM WATER PROJECT NARRATIVE PREPARED FOR 400 Cleveland, LLC C. PROPOSED CONDITIONS The proposed project will require revisions to the existing parking area in order to bring the parking lot into compliance with current ADA accessibility standards and the City of Clearwater parking standards and regulations. The proposed parking area was designed to match the impervious conditions of the existing parking lot. Also, no changes to the existing drainage patterns are being proposed. The proposed design revisions include the following: • Re-stripe parking stalls per City of Clearwater standard dimensions. • Proposed drive aisles designed to be 24' wide • Parking stalls are design to be 9' x 18' • Handicapped parking per ADA standards and sidewalk accessibility. • Proposed drainage patterns will remain the same as existing conditions. • Proposed Building Area= 11,191 Sq. Ft. • Proposed Paved Parking Area= 18,244 Sq. Ft. • Proposed Green Area= 3,065 Sq.ft. • Storm Pond Design for the area of the building to be demolished (2,470 sq.ft.) • Storm pond was designed for treatment and attenuation (see attached calculations) D. CONCLUSION The impervious area calculations indicate that there will not be an increase in impervious area as a result of the parking lot modifications being proposed, and all drainage patterns will remain the same as the pre development condition. The project will not cause an increase in storm water run-off or impact current water quality conditions. Per the City of Clearwater request, a storm water pond has been designed to attenuate and treat storm water run-off from the area of the 2,470 sq.ft. building to be demolished. Page 3 of 3 STORM WATER MANAGEMENT CALCULATIONS PREPARED FOR 400 Cleveland Street Project Required Volume 25 Year 60 min Storm V= (Cpost-Cpre) x A x I x 3600 SeC. Q= POST Required Storage Volume PHASE NO.-I Q=CIA Q Q _ PRE Q PRE= 0.10 CFS Q POST= 0.19 CFS I PRE-DEVELOPMENT "C"= 0.48 I I ( POST-DEVELOPMENT "C"= 0.95 III II III. AREA(ACRES)= 0.06 ,,i I�� , INTENSITY(IN/HR.)= 3.60 Tc=60 min. VOLUME= 345 Duration= 120 min. POND N0.1 STAGE STORAGE Elevation Area Volume iulative Volume (Ft.) (Sq.Ft.) (Cu.Ft.) (Cu.Ft.) 30.50 222 0 0 31.50 989 606 606 (PRE-DEVELOPMENT) CN C CN C CN C CN C CN C BUILDING AREA 98 0.95 ASPHALT/SIDEWALK AREA 98 0.475 PERVIOUS PAVER 74 0.95 GREEN AREA 74 0.2 POND AREA 98 0.98 TOTAL AREA 0.00 2470.00 0.00 0.00 0.00 2470.00 COMPOSITE"C"VALUE= 0.48 COMPOS/TE"CN"VALUE= 98.00 BASIN NO.I (POST-DEVELOPMENT) CN C CN C CN C CN C CN C BUILDING AREA 98 0.95 ASPHALT/SIDEWALK AREA 98 0.950 PERVIOUS PAVER 74 0.95 GREEN AREA 74 0.2 POND AREA 98 0.98 TOTAL AREA 0.00 2470.00 0.00 0.00 0.00 2470.00 COMPOS/TE"C"VALUE= 0.95 COMPOS/TE"CN"VALUE= 98.00