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FLD2013-12046; PLT2013-12002� � �,�� COMMUNITY DEVELOPMENT BOARD a��_t�..��, � PLANNING AND DEVELOPMENT DEPARTMENT �'`—' STAFF REPORT MEETING DATE: AGENDA ITEM: CASE: REQUEST: GENERAL DATA: February 18, 2014 E3. FLD2013-12046 / PLT2013-12002 Flexible Development application for Termination of Status of Nonconformity for a Vehicle Service, Major use under the provisions of Section 6-109, Community Development Code; and a Preliminary Plat for a Vehicle Service, Major use (2610 Countryside Boulevard) under the provisions of Article 4, Division 7, CDC. Agent . ...... ............... .... . Chip Ashley, CEI Engineering AppliCant/ Owner . ... ......... JC Penney Properties, Inc. Location .......................... 27001 US Highway 19 N; The subject property is located on the north side of Countryside Boulevard approximately 219 feet west of the Countryside Boulevard and Windwood intersection. Property Size .................... 1.50 acre (65,350 square feet for proposed parcel; 519,057 square feet (11.5 acres) for remaining portion of JC Penney Parcel; 80.896-acre (3,523,829.76 square feet overall Westfield Countryside Mall property). Future Land Use Plan...... Commercial General (CG) and Transportation/LTtility (T/U) Zoning .......................... Commercial (C) District; Institutional (I) District Adjacent Zoning.... No►th: Unincorporated Pinellas County South: Commercial (C) District, Medium High Density Residential (MHDR) District East: Medium Density Residential (MDR) District West: Commercial (C) District, Office (0) District Existing Land Use ............. Retail Plaza & Vehicle Service, Major Propo�� ,.n�R : e�,�. _F ._�� `� � � �- : � -��;� � � � � - -� ��L �� '� :; � � ",. � � � � �- � '�Ik � � � �. , � � ��. �� a �� k� ��.,.:�"�,�i, t � �. � � .. �. _ � � . 8��` : R! 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ANALYSIS: Site Location and Existing Conditions: The subject parcel is considered a part of the 80.896-acre Westfield Countryside Mall, located east of U.S. Highway 19 between S.R. 580 and Countryside Boulevaxd. The Mall consists of eight parcels and has two zoning districts and two land use plan categories. The seven westernmost parcels are zoned Commercial (C) District with an underlying land use plan category of Commercial General (CG), while the easternmost parcel of the property is zoned Institutional (I) District with an underlying land use plan category of Transportation/Utility (T/U). The Institutional zoned parcel is owned by Florida Power Corporation which contains above ground transmission lines. The applicant leases this parcel from Florida Power and only has parking spaces located on it. �� i "` � I � � �� .�� j � � �I �. m PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ' � .A;,� � f ' :� �; , �- � _ � . . . . _ . . i y � y �, _ ; _, { f�, � c �°� r . '� t ,,•�%� n � � COUM7R1'SfDEBLVD- . -.. i�••••• . l� �____ _ I � � � �� 'g _ : ��__. _ _.. __. ,�. � ¢ � �fN�R � i � � � � �i ,� � � i i .. . �: �� .. . ... 3� �f I � ; _ — ��„, a. : ga� � � � � �"�T� � ��s� � �� _�� x�. ��-�' � k.� � ___ __: — �} i;, � . The JC Penney Properties Inc. property is �J- pROJECT - acres that is zoned Commercial (C) District. �"� � - -. . _ The properties to the north, west, and east are -.,.,- = also zoned Commercial (C) District. The ��' property to the south, across Countryside � . '- Cq1NTRYSOEBLVD F Boulevard is zoned Medium High Density - _ �� ; __. , I , ; Residential (MHDR) District. The existing � ` , � �. $ '� '• � major vehicle service use (Tires Plus) is located �� i. ___ within a 15,930 square foot buildin g (2610 � i� i� ,I �, Coun trysi de Bou levar d) in t he sout heast corner � I-- ` '�� -� ` �"' � ' CVPRE598ENDDR � _— __' '�._ �..— of the parcel. This parcel also consists of the two-story, JC Penney Store (152,724 square feet �.�i'1�tAAAP or gross floor area) that anchors the eastern end of the enclosed mall building. The subject major vehicle service use has been operating within the existing building located at 2610 Countryside Boulevard since the early 1970's. The property is bordered on its east side by attached dwellings (Rustlewood Condominiums); on the west by retail sales, restaurants and offices; on the south by retail sales, restaurants and attached dwellings; and on the north by mobile homes, retail sales, restaurants and offices. The subject property is developed as an enclosed regional mall (Countryside Mall) and is the only enclosed regional mall within the City of Clearwater as well as the only enclosed regional mall in north Pinellas County. The mall was constructed in the early 1970's as the commercial center of U.S. Homes residential development of the area now known as Countryside. The mall site was originally reviewed through Pinellas County and both the mall and the Countryside area Community Development Board — February 18, 2014 FLD2013-12046/PLT'2013-12002 — Page 1 of 10 '- C1bL1,! f7 LiL�l Levet II Flexible Development Application Review PL�NG & DEVELOPMENT - DEVELOPMENT REVIEW DIVISION _ . ''�,".�&�'�4, � ?r� . ` . .. have since been annexed into the City of Clearwater. The Countryside Mall site is now constrained by U.S Highway 19 to the west, S.R. 580 to the north, Countryside Boulevard to the south and a residential development to the east. Site History: A major renovation of the mall took place in 1999. Case VAR 1999-F-1008 approved a 73,000 square foot acldition to both Dillards and Burdines (currently Macy's), an increase in building height to 64.4 feet, 4.4 parking spaces per 1,000 square feet of gross floor area and reductions to the required landscape. On September 21, 2010, a Comprehensive Infill Redevelopment Project application (FLD2010-07001) was approved by the Community Development Board to permit an addition with 33,465 square feet of indoor recreation and entertainment (12 screen theater), 35,102 square feet of restaurant and retail sales and service in the Commercial (C) and Institutional (I) Districts with a lot area of 3,523,825 square feet, a lot width of 2,572 feet along Countryside Boulevard, 1,776 feet along U.S. Hwy 19 North, and 2,784 feet along S.R. 580, a front setback (north along S.R. 580} of zero feet (to existing pavement) and 52 feet (to existing building), a front setback (south along Countryside Boulevard) of 5.4 feet (to existing pavement) and 83.4 feet (to existing building), a front setback (west along U.S. Hwy 19 North) of 6.2 feet (to existing pavement) and 199.7 feet (to existing building) and a side (east) setback of 5.5 feet (to existing pavement) and 285.9 feet (to existing building), a building height of 51 feet (to top of flat roo fl, 63 feet (to top of inetal lattice) and 5,719 parking spaces as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code Sections 2-704.0 and 2-1204A, with a reduction to the perimeter landscape buffer along S.R. 580 from 15 feet to zero feet, a reduction to the perimeter landscape buffer along Countryside Boulevard from 15 feet to 5.4 feet, a reduction to the landscape buffer along U.S. Hwy 19 North from 15 feet to 6.2 feet, a reduction to the side (east) landscape buffer from 10 feet to 5.5 feet, a reduction to the foundation landscape from five feet to zero feet on the west facade, to allow more than 15 parking spaces in a row without an interior landscape island, to allow interior landscape islands of less than 150 square feet and less than eight feet in width from back of curb to back of curb as a Comprehensive Landscape Program under the provisions of Community Development Code Section 3-1202.G and a two-year development order. Subsequently, six minor revisions to this application have been approved: ■ On June 6, 2011, a minor revision was approved to revise the approved site plan to reduce the proposed parking spaces from 5,719 spaces to 5,712 spaces, while still providing 4.4 parking spaces per 1,000 square feet of gross floor area); ■ On August 22, 2011, a minor revision was approved to reduce the number of parking spaces on the site from the approved 5,712 parking spaces to 5,701 parking spaces, for a total reduction of 11 parking spaces for a temporary period of time and revise the approved Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 2 of 10 ' C�L(il �1 �l�.l Level II Flexible Devefopment Application Review PL^r�vG e� nEV�,°Pr'�vT . . .. ° �.""��?.n .�.� ", �� . . � DEVELOPMENT REVIEW DIVISION general expansion elevation to specifically approve the fa�ade for BJ's Restaurant and Brewhouse, the tenant for Suite 1160 located at the southwest corner of the first floor expansion; ■ On November 21, 2011, a minor revision was approved to revise the approved general expansion elevation to specifically approve the fa�ade for Grimaldi's Pizzeria, the tenant for space 151ocated at the center of the east elevation); ■ On February 10, 2012, a minor revision was approved to revise the approved general expansion elevation to specifically approve the fa�ade for Red Robin Gourmet Burgers, the tenant for space 161ocated at the north corner of the east elevation); ■ On April 9, 2012, a minor revision was approved to revise the approved general expansion elevation to specifically approve the fa�ade for P.F. Chang's, the tenant for space 141ocated at the southeast corner of the first floor expansion); and ■ On September 10, 2012, a minor revision was approved to recognize the construction of ten (10) additional off-street parking spaces in the parking area west of Macy's that were temporarily taken out-of-service in 2011 and Widen the sidewalk adjacent to BJ's Restaurant �approximately nine (9) feetJ, resulting in the loss of four (4) off-street parking spaces immediately south of this sidewalk; and Recognize the new parking ratio of 4 spaces per 1,000 square feet of gross floor area for "Retail Plazas" and apply this parking ratio to Countryside Mall). Development Proposal: JC Penney Properties, Inc proposes an outparcel that will have 159.36 feet of frontage along Countryside Boulevard and 63,350 square feet of lot area (1.5 acres). The intent is to locate the existing major vehicle service building on its own parcel, and then sell the parcel to Bridgestone Retail Operations (BSRO). Both seller and prospective buyer request that the nonconforming use be considered to be a legally conforming use located at 2610 Countryside Boulevard. This parcel will be a part of the overall mall property because the 68 parking spaces and open space area within the parcel have been calculated into an approved expansion project of the ma11 in 2010 (FLD2013-07001). For this reason, the property owner will be required to join an existing shared parking and cross-access agreement and any landscape maintenance agreement with the appropriate owners and/or Westfield Ma11 property management. As noted above, in 2012, the mall's use designations changed from retail sales and service use and indoor recreation and entertainment to retail plaza. The change is use designation did not make the property nonconforming, and the new parcel will not affect the overall malls property as a conforming use. The properties lot area and width comply with the development standards for a retail plaza; the building location, height, and the number of off-street parking spaces also complies with the development standards for a retail plaza use. Other than a change in ownership, no changes are proposed to the building or the site area within the new parcel. Termination of Status of Nonconformitv Criteria Reauirements The proposal meets the specific criteria for Termination of Status of Nonconformity pursuant to Section 6-109 of this Code as follows: Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 3 of 10 = 1�1vA1 �7A1�1 Level II Flexible DevelopmentApplication Review PLn�rrING&nEV�LOrMErrr - ` DEVELOPMENT REVIEW DIVISION 1. Perimeter buffers conforming to the reguirements ofSection 3-1202(D) shall be installed The existing landscape perimeter buffers were approved as a part of the previously discussed FLD2010-07001), and have been determined to meet the requirements of CDC section 3- 1202.D. 2. Off-street parkinQ lots shall be improved to meet the landscaping standards established in Section 3-1202(E). The existing parking lot was approved as a part of the previously discussed FLD2010- 07001), and have been determined to meet the requirements of CDC section 3-1402.A. 3. Anv nonconformin� si�ns outdoor lighting or other accessorv structure or accessor use located on the lot shall be terminated removed or brou�ht into conformitv with this development code. The two existing signs on the south and west building facades were approved through the Comprehensive Sign Program in 2002 (SGN2002-09010). There are no accessory structures or uses on site. Any outdoor lighting associated with the landscaping was approved as a part of the Comprehensive Landscape Plan in 2010. 4. The comprehensive landscapin� and comprehensive si�program mav be used to satis the reguirement of this section. N/A S. The use and structure complies with the general standards for Level One and Level Two a�provals set forth in Section 3-914. The discussion below will confirm the General Applicability criterion has been fully and satisfactorily addressed by the applicant. Therefore, the proposal is consistent with this CDC Section. General Applicability Criteria Requirements The proposal supports of the General Applicability requirements of this Code as follows: Section 3-914.A.1. The nronosed development o the land will be in harmony with the scale bull� covera�e, densitv and character ofadiacent properties in which it is located The Westfield Countryside Mall is considered a retail plaza use and it currently consists of various retail sales and service uses, restaurants, indoor recreation/entertainment, and vehicle service uses. It is the only enclosed regional mall within the City of Clearwater as well as the only enclosed regional mall in north Pinellas County. The mall was constructed in the early 1970's as the commercial center of U.S. Homes residential development of the area now known as Countryside. The subject building located at 2610 Countryside Boulevard was built in 1975 as has been used as a major vehicle service use since that time. The success of the mall with an array of various uses no doubt contributed to the pattern of development of the surrounding properties which includes the Countryside Centre directly across Countryside Boulevard. Most surrounding properties were developed with the same scale and coverage in respect to each parcel size that is consistent with the Mall property. These properties are built out. This property as well as surrounding properties consists of various retail sales and service uses, restaurants, offices and medical clinics that make up a regional center with the mall as the anchor. The mall although located in the City of Clearwater serves a greater area which Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 4 of 10 ' Ci*+til l7��f.1 Level II Flexible Development Application Review PLANNING&DEVELOPMENT ° ;: S�i ��;_`',:: DEVELOPMENT REVIEW DIVISION includes residents of other cities and counties. The major vehicle service use makes sense as a service provided within this regional center. Therefore, the proposal supports this Code section. Section 3-914.A.2. The proposed development will not hinder or discourage development and use ofadiacent land and buildin s or signi acantl�pair the value thereof Surrounding properties are generally developed with a myriad of uses indicative of a commercial area including retail sales and services, offices, and restaurants. The surrounding properties have been developed similarly to subject property in that they consist of uses primarily serving retail shopping. The mall has been operating in its current configuration for 38 years which has included a major vehicle service without apparent detriment to adjacent properties. The various businesses that constitute the ma11 have contributed to making the mall a thriving regional center. The malls success has not hindered development rather it has encouraged development whereby improving the value of surrounding land. Therefore, the proposal supports this Code section. Section 3-914.A.3. The proposed development will not adversel�affect the health or sa�tLo,�' persons residing or working in the neighborhood The requested use will continue to operate as it does today except under new ownership. The Plat will not have any effect on persons because there is no proposed change to any structure on the within the new parcel that would affect traffic or pedestrian patterns. The City has no record of this major vehicle service contributing to an adverse affect on the health of persons working or residing within the axea. Therefore, the proposal supports this Code section. Section 3-914.A.4. The proposed development is designed to minimize tra f ic congestion The parking and traffic circulation plan were approved as a part of FLD2010-07001. There is no proposed change in traffic circulation with this request; the only change will be the existing use currently nonconforming will be a legally conforming use. The existing traffic pattern has been found to be satisfactory in previous sit plan approvals. There are no proposed changes to any structure that would affect exiting traffic patterns on the new parcel. Approval of the application will likely have minimal effect, negative or otherwise, on traffic congestion. Section 3-914.A. S. The nroposed development is consistent with the communitv character of the immediate vicinitv. The immediate area is characterized by a variety of uses including retail sales and service uses, restaurants, medical clinics, indoor recreation/entertainment, and vehicle service uses. Sears also has a vehicle service use on the northwest side of the Mall property facing S.R. 580. Although a major vehicle service is not permitted in the Commercial (C) District it is a commercial use located in an active commercial corridor. As a part of the mall, the services provided have not affected the development of surrounding properties rather it appears the commercial uses that make-up the mall have created a regional commercial center that has attracted development on surrounding properties. For this reason, the use is consistent with the character of this stretch of Countryside Boulevard, S.R. 580, and US Highway 19 N frontage road. Therefore, the proposal supports this Code section. Section 3-914.A. 6. The desiQn of the proposed development minimizes adverse etf'ects includin� vasual, acoustic and olfactorv and hours o�operation impacts on ad'acent pro erties The Crty is neither aware of, nor pursuing any zoning or building code violations associated with the subject use or area within the proposed plat nor has it issued any notice of violation for the existing major vehicle service in regards to adverse effects, including visual, acoustic and Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 5 of 10 ' C1L.tti1 �7 �L�l Level II Flexibie Development Appl�cation Review PL.arrrrs�G & nEV�LOrMErrr ..�„�� 3, �,� ,. . DEVELOPMENT REVIEW DIVISION olfactory and hours of operation impacts on adjacent properties. Therefore, the proposal supports this Code section. Flexibilitv Criteria for a maior vehicular use in the IRT District• For comparison purposes, it should be noted that the location of the proposed use and area of the proposed parcel comply with Flexible Standard Development criteria as set forth in CDC section 2-1303.C. I.The parcel proposed for development is not conti�uous to a parcel ofland which is designated as residential in the Zoning Atlas • The proposal plat is not contiguous to a property zoned residential. 2. The use does not involve the overnight outdoor storage of automobiles • No vehicles are stored outdoors overnight 3. No more than trvo service ba� front on a public street• The building consists of two bay doors, one on the east side of the building and the other on the west side. No bay fronts on a public street. Development Parameters In regards to the development parameters, Staff has only con�� ihe request to terminate the status of nonconformity for use. The following analysis is only provided to possibly answer any questions concerning the proposed plat and existing building compliance with code, as applicable. Floor Area Ratio (FAR� Pursuant to the Countywide Plan Rules for the Commercial General (CG) land use category and CDC Section 2-701.1, tke maximum allowable FAR is 0.55. The existing FAR for the subject building on the proposed parcel is 0.25. The existing FAR for the overall Westfield Countryside Mall is 0.39. No additional floor area will be added as a part of this request whereby the FAR remains in compliance with the Countywide Plan Rules. Impervious Surface Ratio (ISR� Pursuant to CDC Sections 2-701.1, the m�imum allowable ISR within the CG land use plan category is 0.90. "The proposed ISR which includes the subject building and proposed plat is 0.98; however, the existing ISR for the overall ma11 property is 0.89 which is less than what may be permitted based upon the above Code provisions. No new impervious surface is a part of this request. Minimum Lot Area and Width: Pursuant to CDC Table 2-1303, for comparison purposes, the standard lot area requirement for major vehicle service in the Industrial Research and Technology (IRT) District is 20,000 square feet. The same table requires the standard lot width to be 100 feet. The proposed plat consists of a parcel with a lot width of 159.36 feet along Countryside Boulevard and a lot area of 65,350 square feet. The parcel will have direct access to Countryside Boulevard. The proposed parcel for the major vehicular use complies with Code Community Development Board — February 18, 2014 FL,D2013-12046/PL'T2013-12002 — Page 6 of 10 '\��l.�il r►RL�� Level II Flexible Development Application Review rL�uvxuvG � nEVELOr�rrr ,{�v�.;. .;r�, - . . . DEVELOPMENT REVIEW DIVISION standards of the IRT District. Nevertheless, the parcel is considered a part of the overall mall property which lot area and width were approved as part of FLD2010-07001. Minimum Setbacks: Pursuant to CDC Table 2-1303, the standard setback requirements for a major vehicle service use in the IRT District are front setback 20 feet and side setbacks of 15 feet. In regards to the subject building, it has a front setback of 87.88 feet from the front (south) setback along Countryside Boulevard; a side (east) setback of 60.5 feet; a side (west) setback of 60 feet. The setback dimensions are measured from the respective proposed plat property lines. At this time, the buildings located on the overall mall property are conforming in regards to approved setbacks approved as a part of FLD2010-07001. The subject request will not alter or reduce any approved setback. Maximum Building Height: Pursuant to CDC Table 2-702, the maximum allowable height for Retail Plaza use is 25 feet. The height of the existing building is 23.03 feet. Minimum Off-Street Parkin�: On September 6, 2012, Ordinance 8349-12 was passed on second reading by City Council. The ordinance included language that established development standards for a Retail Plaza use in the C District. The parking standard for a Retail Plaza use is 4 parking spaces per 1000 square feet of gross floor area. The City determined that the Westfield Countryside Mall would now be designated a Retail Plaza use rather than a retail sales and services and indoor recreation/entertainment use. Through a minor amendment to the approved development order the same month, the Mall parking ratio was reduced from 4.4 parking spaces per 1,000 square feet of gross floor area to 4.0 parking spaces per 1,000 square feet of gross floor area. At this time, no new development on Mall property or within the Mall has reduced the number of parking spaces below 4.0 parking spaces per 1,000 square feet of gross floor area. This request does not include the loss of any existing parking spaces; therefore granting conformance status will not create a nonconforming use in regards to the number of parking spaces required for the overall Westfield Countryside Mall. For this reason, it shall be a condition of approval that the owner enter into a shared parking and access agreement with the adjoining properties. Si�ht Visibility Trian�les_ Pursuant to CDC Section 3-904.A, to minimize hazards at the existing driveways, no structures or landscaping were permitted to be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20-foot sight visibility triangles. The proposal was reviewed by the City's Traffic Engineering Department and found to be acceptable. Solid Waste: The location of the existing roll-out dumpster on the northeast side of the building has been found to be acceptable by the City's Solid Waste Deparhnent. Code Enforcement Analysis: There are no active Code Compliance cases for the subject property. Community Development Board — February 18, 2014 FLD2013-12046lPLT2013-12002 — Page 7 of 10 '_ V�Ltal 17A�1.�1 Level II Flexible DevelopmentApplication Review � � <n . . .. , �ii" . . . PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards of the CG Future Land Use Plan category with comparable Flexible Standard Development Standard in the IRT Districts for a major vehicular serve use on the area of the proposed plat per CDC Table 2-1303. The overall mall property development standards were approved as a part of FLD2010-07001: FAR ISR Minimum Lot Area Minimum Lot Width Minimum Setbacks Maximum Height Minimum Off-Street Parking Standard CG 0.55 CG 0.90 20,000 square feet 100 feet Front: 25 feet Side: 10 feet 25 feet 4 spaces/ 1,000 SF GFA Proposed 0.25 0.98 64,350 square feet 159.36 feet South: 87.88 feet (to building) East: 60.5 feet (to building) West: 60 feet (to building) 23.03 feet (to top of flat roo fl 4 spaces / 1,000 SF GFA Consistent X X* X X X X X X � Inconsistent �`As discussed in the development parameters section of the staff report, the subject property is a part of the overall Westfield Countryside Mali property that has a 0.89 ISR which is compliant with Code. COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC 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. 2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent nronerties. Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 8 of 10 Consistent Inconsistent X X X X X ? C+Lt�I f7 �l�l Level II Flexible Development Application Review PLANNING & DEVELOPMENT - DEVELOPMENT REVffiW DIVISION ,..� � .. ,... . .. . . SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of January 2, 2014 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. The request is to Terminate the Status of Nonconformity for use to allow an existing major vehicle service located at 2610 Countryside Boulevard (currently Tires Plus) as legally conforming use; 2. The existing major vehicle service use has operated in the subject building located at 2610 Countryside boulevard since 1975; 3. The request is to permit the major vehicle service use on a new parcel with a lot width of 159.36 feet and a lot area of 63,350 (1.5 acres); 4. The subject building is located on a parcel of land that is 13-acres that is a part of the overall Westfield Countryside Mall that consists of 80.896-acres located east of U.S. Highway 19 between S.R. 580 and Countryside Boulevard; 5. The new parcel to be known as JC Penney Lot 1 B will consist of 65,350 square feet of lot area (1.5 acres); 6. The new parcel will have a lot width of 159.36 feet along Countryside Boulevard; 7. The new parcel will be a part of the overall Westfield Countryside Mall property; 8. The existing building where the major vehicle service operates out of has 15, 930 square feet of floor area; 9. The existing major vehicle service building has a height of 23.03 feet; 10. The existing building consist of two service bays with all vehicle service work done within an enclosed building; 11. The off-street parking lot landscape design and materials for a11 parcels considered � part of the overall Westfield Countryside Mall were approved as a Comprehensive Landscape Program in 2010; 12. The existing perimeter landscape buffers were approved as a Comprehensive Landscape Program in 2010; 13. The two existing signs on the south and west building facades were approved through the Comprehensive Sign Program in 2002 (SGN2002-09010); and 14. There are no active Code Enforcement 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: l. That the proposal is not a permitted use in the Commercial (C) District per Article 2, Section 7 of the Community Development Code; 2. That application for a Termination of Status of Nonconformity as requested is consistent with the Flexibility criteria as per Section 6-109 of the Community Development Code; and Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 9 of 10 '- 1i�1+f�i ►1 �i41 Level II Flexible Development Application Review PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION ° . . . . , , f.. « . , . . . � . 3. That application for a Termination of Status of Nonconformity as requested is consistent with the General Standards for Level One and Two Approvals as per Section 3-914.A of the Community Development Code; and 4. The proposed plat is consistent with the development standards set forth in CDC Section 4- 701. Based upon the above, the Planning and Development Department recommends APPROVAL of this Flexible Development application for Termination of Status of Nonconformity for a Vehicle Service, Major use under the provisions of Section 6-109, Community Development Code; and a Preliminary Plat for a Vehicle Service, Major use (2610 Countryside Boulevard) under the provisions of Article 4, Division 7, CDC, subject to the following conditions: Conditions of A� rp ova1: 1. That the major vehicle service use be limited to no more than 15,930 square feet within the existing building as shown on the accompanying site plan; 2. That the applicant shall submit a copy of the recorded plat to staff; 3. That the applicant submit a recorded shared parking and cross-access agreement with all property owners who own a parcel considered a part of the overall Westfeld Countryside Mall property at time of submittal of recorded plat to staff; and 4. That the applicant submit a recorded landscape maintenance agreement with all property owners who own a parcel considered a part of the overall Westfield Countryside Mall property at time of submittal of recorded plat to staff. Prepared by Planning and Development Department Staff: Ke ' . Nurnberger, Planner III ATTACHMENTS: Photographs of Site and Vicinity Community Development Board — February 18, 2014 FLD2013-12046/PLT2013-12002 — Page 10 of 10 Lookine easT rol�ard subi�ct ?+ << e.k � ��, � .. w.nn � i _ �, �- »�_, �,� � �� A � �r� '�+� I'�� ! ,G di-z ; a� � "�f� � ar' . s � � � �`� � ,, ��, . � ,_y"{-. ' r' . � -a+. a. _ �I �. -..,., . � . _ — .-4.--- .�.� .. � �.. r� 5 ' � � =�i ;,?+.,.,�,.,,, . :: � �� . , �'. � hl j=3�:1({� �.� ,�.,i.,ri `n)'Y��IIIQ. G�� i�� tivest alona Countr�side Rlvd. �:; - _�� ->.: � _ a . _--�=----_ _ _ .�. — i;,'- � € ;<,� k.;� �� - ��. _ � � � �� . �� , s"��t�'� � � � i '�, ��a . t.� a �'` . s,�.� _. i; � `�j'� �� • �t %. <<st buildiu� k�i4ade ;ign. Sigi� . ,� _ ., ..�.�.�� ._ �ame dimensions 27001 US Highway 19 N FLD2013-12046/PLT2013-12002 Kevin W. Nurnberger 1M1 S Myrtle Avenue Clearwater, FL 33756 ?27-562-4567e�t2502 kevin.nurnberge�myclearwater.com PROFESSIONAL EXPERIENCE Planner III March 2011 to present Planner II October 2010 to March 2011 City of Clearrvater, Clearwater, Florida Duties include performing the technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. Planner County of York, Yorktown, Virginia 2007 to 2009 Reviewed residential, commercial and mixed use development site plans to ensure compliance with planning, zoning, subdivisian, historic preservation, and environmental standards as well as design criteria, specifications, regulations, codes and ordinances. Led pre-application meetings with residents, neighborhood organizatians, contractors, and developers regarding future projects which included state and local government agencies. Site Assistant Gahan and Long Ltd, Belfast, Northern Ireland 2006 to 2007 Enforced Article 3 of the Planning Order (NI) with land owners, developers and district councils on procedures relating to archaeological and built heritage remains on proposed development sites. On site assistant to project manager during the archeological process throughout the pre-development stage. Development Planner Yersar Inc, Fort Story/Fort Eustis, Virginia 2005 to 2006 Developed se.uvey strategies for the Cultural Resource Manager by reviewing local and state planning documents, the Secretary of the Interior's Standards for Preservation Planning on Federal installations, the Virginia Department of Historic Resources, the Virginia Department of Transportation plan, and Virginia Power's public utility plan in the predevelopment stages of new development and building expansion projects to ensure protection of historic properties. City Planner City Planning Commission, New Orleans, Louisiana 2000 to 2005 Primary subdivision planner assisting applicants throughout the subdivision process in accordance with the zoning and subdivision regulations of the City of New Orleans. Reviewed various zoning and conditional use applications. Prepared and presented staff reports to the City Planning Commission and Board of Zoning Adjustments. EDUCATION University of New Orleans, LA MA Urban and Regional Planning (2004) State University of New York at Buffalo, NY BA Anthropology (1999) ° 1 rwater �Cea � Planning & Development Department Flexible Development Application Attached Dwellings, Mixed-Uses or Non-Residentral Uses IT IS INCUMBENT UPON THE APPUCANT TO SUBMIT COMPLETE AND tORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT iNFORMATION MAY INVALIDATE YOUR APPIICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING b DEVEIOPMENT DEPARTMENT BY NOON ON THE SCHEDUIED DEADUNE DATE. A T07AL OF 11 COMPLETE SETS OF PlANS AND APPUCATION MATERIALS (1 ORIGINAL ANQ 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 PLAN5 AND /1PPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COILATED, STAPLED AND FOLDED INTO SETS. THE �►PPUCAN7, BY FILING THIS APPLICATION, A6REE5 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): JCPenney Properties, Inc . (Shon Merryman) MAILINGADDRESS: 6501 Leqacv Drive M.S. 2105, Plano� TX 75024 PHONENUMBER: ��]?_431-1496 - �� - � .�� _ n • . �� AGENTORREPRESENTATIVE: CEI Engineering tChip Ashley) MAILiNGADDRESS:PHONE 308 SW Regency Parkway Suite 2, Bentonville, AR 72712 NUMBER: 479-273-9472 EMAIL: cashley@ceieng.com ADORE55 OF SUBJECT PROPERTY: 27001 US Highway 14, Ciearvvate�. Florida PARCEL NUMBER(5): 30-28-16-00000-410-0300 LEGAL OESCRIPTION: Part of East X of Section 30 Townshi , Ran e 16 East earwa er, ne as oun , or a PROPOSED USE(S): Firestone Auto Care oESCRIPTION OF RE4UEST: JCPenney and Bridgestone Retail Operations (BSRO) are requesting to tertninate spec�/3couy Jdentijy N,e request the existing nonconforming status of the Tire Kingdom use of vehicular service - major. (tnc►ude all requested code flexibility; �CPenney and BSRO plan to split the Tire Kingdom from the actual JCPenney e.q., reduction 1n rcquired number of parklny spoces, heigh� setbacks, �ot Property, but to remain as part of the overall mall development as a whole. s�ze, !or wtdth, spea�c use, erc.): BSRO would then buy the property and continue with cuRent operaGons. Pluminp i WwlopmtM Dopartrn�nt,100 S. Myrtl� Av�nw, Clwrwabr, FL 33756, TN: 727-6i2�4567; Fa� 727-6E2�6s PayN 1 of • Rwb�d 01MZ ° learwater �� U Planning & Development Department Flexible Development Application 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 UNTII THE FOLIOWING APPLICATION CYtLE. • � ► � : I��ii : =► � �� s EXISTING USE (currently existing on site) Commercial Distrid Auto Care Shop PROPOSED USE (new use, if any; pius existing, if to remainZ Auto Care Shoa SITE AREA: 65.350 sq.ft. 1.50 acres GROSS FLOOR AREA (total square footage of all buildings): Existing: 15.930 sq. ft. Proposed: , N/A sq.ft. Maximum Allowabie: sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be muhipie uses): First use: N A sq. ft. Second use: Third use: sq. ft. sq. ft. FLOOR AREA RATIO �total square footage of all buildings divided by the total square footage of entlre sitej: Existing: 24.4 % Proposed: N/A Maximum Allowable: BUILDING COVERAGE/FOOTPRINT (1" floor square footage of all buildings): Existing: 15.930 sq. ft. ( 24.4 % of site) Proposed: N/A sq. ft. ( 96 of site) Maximum Permitted: sq. ft. ( 96 of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing 1.980 : sq. ft. ( 3.Q % of site) Proposed: sq. ft. ( % of site) VEHICULAR USE AREA (parking spaces, dr'nre aisles, loading area): Existing: 42.748 sq. ft. ( .65 4 Proposed: N!A sq.ft. ( % of site) 96 of site) PlanMn� i DwNopewnt D�paKn»nt,100 8. MyrU� Av�nu�. Ciwwabr, FL 3175t, TN: 727-�b2•�lii7; Fax: 727-:ia2-4ai5 Pap! 2 ot i Rtvb�d 01h 2 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: 92•8% Proposed: 92,go�o Maximum Permitted: DENSITY (units, rooms or beds per acre): Existing: NA Proposed: Maximum Permitted: OFF-STREET PARKING: Existing: 68 Proposed: NA Minimum Required: BUILDING HEIGHT: Existing: Proposed: NA Maximum Permitted: WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROIECT UPON COMPLETION? S$� �000,000.00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: C South: C East: C West: C STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Swor to and subscribed before me this '� 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 _�, ^, who is personally known has property described in this application. �`� ,,,.,, ._ __�,1 as identification. Signature of prope�y oy4n�r or representative Notary Public, State of Texes It My Commission Expires (�' My commission expires: PlanMny i Mwloqn�nt D�partm�nt,100 S. Myrtle Avanu�, ClaHwabr, FL 3�7b6, TN: M7-6i2�t7; Fax: 727-lK2�tt5 Pa� S of � Rwts�d 01H Z Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT {FLD) APFLICATION, ALL FLD APPLICATIONS SHAII INCLUDE A SITE PIAN SUBMITTAL PACKAGE THAT INtLUDES THE FOLLOWING INFORMATION ANDf OR PIANS: Cf 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 Fiexible Development Application Flexibility Criteria sheet shali be used to provide these responses. Ci Responses to the Genera) Appiicability criteria set forth in Section 3-914.A. The attached Flexibie Development Application General Applicability Criteria sheet shall be used to provide these responses. � A signed and sealed survey of the property prepared by a registered iand surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official �ecords book and page numbers and street right(s)-of-way within and adjacent to the site. � 0 if the appiication would result in the removal or relocation of mobile home owne�s residing in a mobile home park as provided in F.S. § 723.083, the application must p�ovide that information required by Settion 4-202.A.5. N/A ❑ if this appiication is being submitted for the purpose of a boatlift, tatwalk, davit, dock, marina, pier, seawall or other si milar marine structure, then the application must provide detailed pians and specifications prepared by a Florida professional engineer, bearing the seai and signature of the engineer, except signed and sealed pians 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. 6U A site plan prepared by a professional architect, engineer or landscape architect drawn to a minimum scale of one inch equals 50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: /V� 0 Index sheet of the same size shall be included with individual sheet numbers referenced thereon. � North arrow, scale, location map and date prepared. Nll 0 identification of the boundaries of phases, if development is proposed to be tonstructed in phases. ❑ 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 ali 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, � Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, �re hydrants and seawaiis and any proposed utility easements. /vR ❑ location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed stormwater control plan including caiculations. Additional data necessary to demonstrate compiiance with the Uty of Clearwater Storm Drainage Design Giteria manual may be �equi�ed at time of building construction permit. O Location of solid waste coliection facilities, required screening and provisions for accessibility for collection. /�/A ❑ Location of off-street loading area, if required by Section 3-1406. 8f 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. /JA ❑ Building or structure elevation drawings that depict the proposed building height and building materials. Pisnni�g 6 Dsv�lopm@nt DQp�r6nant,100 S. Myrtle Avanuo, Ckarwatar, FL 3ST58, Tsl: 727-6Q2�867; Fax: 727-S62�Q65 Paga 4 of 3 Revtsad 01h2 /V/l ❑ Typical floor plans, including floor plans for each floor of any parking garage. � ❑ Demolition plan. �❑ Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentaliy sensitive areas. N� O If a deviation from the parking standards is requested that is greater than 50% {excluding those standards where the difference between the top and bottom of the range is ane parking space), then a parking demand study will need to be provicfed. 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 Guidelines for further information. �/A ❑ 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. �� 0 A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canapy, and condition of such trees may be required if deemed applicable by staff. Check with staff. ��} 0 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 o� outbound on the abutting streets) and/ar 1,OQ0 or more new trips per day; or • Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Pian 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 Cleanruater 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. n(� 0 A landscape plan shall be provided for eny 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 va(uation 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 following information, if not otherwise required in conjunction with the application for development approval: ❑ Location, size, description, specifications anci quantities of all existing and proposed landscape materials, including botanical and common names. ❑ Existing trees on-site and immediaiely 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, walls, fences, pools, patios, dumpster pads, pad mounted transformers, �re 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. ❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing, ❑ Drainage and retention areas, including swales, side slopes and bottom elevations. S� Delineation and dimensions of all required perimeter landscaped buffers incfuding sight triangles, if any. P{anning d� Development Deparbnent, 100 S. Myrtle Avenue, Clearvvater, FL 337b6, Tel: 727562�45fi7; Fax: 727-562-4865 Page 5 of 8 Revised 01H2 ° C earwater r Planning & Development Department Flexible Development Application � General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAI APPIICABILITY 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 charecter of adjacent properties in which it is located. Tire Kin�dom has been operated bv BSRO and located at this address for a number of vears. Sears also has a tire retail store on the otherside of the mall. It is BSRO's intent to continue operating the site "as is" once it has been purchased (Vehicular Service - Major). BSRO intends to continue as part of the existing mall as a whole. 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. Tire Kingdom wiii continus to be operated by BSRO as it is now, and has no reason to believe that it will hinder future appropriate development. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. Tire Kingdom wiii continue to be operated by BSRO as it is now, and has no reason to believe that it will hinder health ar safery to persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. Tire Kingdom wiil continue to be operated by BSRO as it is now, and has no reason to beUeve that it will hinder or improve existing traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. Tire Kinqdom has been operated bv BSRO and located at this address for a number of vears. Sears also has a Ure retail store on the otherside of khe mall. It is BSRO's intent to continue operating the site "as is" once it has been purchased. BSRO intends to continue with the same character as part of the existing mall as a whole. 6. The design of the proposed development minfmizes adverse effetts, Intluding visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. Tire Kingdom will continue to be operated by 8SR0 as it is now, and has no reason to believe that it will hinder or improve visual, acoustic, olfactory, or hours of operation impacts on adjacent properties. Planniny� � Dw�lopm�M D�parb�wM,100 3. Myrd� Av�nue. CN�rvvabr, FL 3375a, Tol: 727-5a2�456T: Fa� 727-5iZ�40ilt Pa� s of � R�vls�d 01H2 � Planning & Development Department � C earwater Flexible Development Application U Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S) BEING REQUESTED AS SET FORTH IN THE 20NING DISTRICT(S) IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAII, EACH GRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSAR1n. �. Tire Kingdom has been operated by BSRO and located at this address for a number of years. This'Automobile Service Station" is not contiguous to a parcel with is designated residenaal in the Zoning Atlas. Z Tire Kingdom does not typically involve the ovemight, outdoor sto�age of vehicles. There is space for several automobiles to be stored indoors if any automobiles need to be sto�ed overnight. 3 Tire Kingdom has no more than 2 service bays fronting the public street. Only one service door fronts the pubiic street. a. s. �. r� a. PlanMny i Dw�lopm�nt O�parfmsnt,100 S. MyrtJ� AvMU�, Cl�arwai�r, FL 33756, T�I: 7Y7-662-4587; Fax: 7Z7-6i2-4K6 Pag. � ot a R.�sed o�n z ° 1 arwater �Ce Planning & Development Department Flexible Development Application � Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: JCPenney Prope�ties, Inc. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 27001 US Hwy 19 North, Cleatwater, FL 33761 3. That this property constitutes the property for which a request for (describe request): To terminate the existing non-conforming status of the existing Tire Kingdom use of vehicular service - major. 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent{s} to execute any petitions or other documents necessary to affect such petition; 5. That this a�davit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to protess this application and the owner authorizes City representatives to visit and photograph the property described in this apptication; 7. ha (I/we), the unders' ned authority, hereby certify that the foregoing is true and correct. Prop Owner Property Owner Property Owner STATE OF.F�.ARi�B�k, COUNTY OF P[NELLAS Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS � DAY OF ��OZ'Z�Pi1J , �! � , PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED ANO SAYS THAT HElSHE FUILY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HElSHE SIGNED. ....� �pN�,� ,��;:*►.y�'•a NIK1A TAYIOR MBOYA � :�•°' � L Notary Public, State of 7exas � ''s,�•. •�.r' My Commission Expi�es � � � ;�� Juty 21, 2015 Notary Pu b ic Signa t ure Notary Seal/Stamp My Commission Expires: �� ,t�(� �� Planntn� i D�wlopm�nt D�partrnont,100 S. Myrtlo Av�nue, Cl�watrr, FL S375B, TN: 7Z7-lM2�45�7; Fa� M7-662-4t63 Pap� 8 of d R�visad 01M2 January 9, 2014 Kevin Nurnberger City of Clearwater Planning Department 100 S Myrtle Ave. #220 Clearwater, FL 33756-5520 Ph: 727-562-4773 Fax: 727-562-4755 CEI Engineering Associates, Inc. ENGINEERS ■ SURVEYORS ■ LANDSCAPE ARCHITECTS ■ PLANNERS 3108 SW Regency Parkway, Suite 2 Bentonville, AR 72712 (479)273-9472 Fax(479)273-0844 www.ceieng.com Project: Firestone C�2610 Countryside Blvd., Clearwater, FL CEI Project #: 27531.0 RE: PLT2013-12002/Firestone Re-plat at 27001 US Hwy 19 City Comments Dear Mr. Nurnberger: Please find the following responses in regard to your comments dated December 30, 2013. PRIOR TO BUILDING PERMIT Comment : l. The owner will need to provide a recorded shared parking and cross access agreement with adjacent properties part of the Countryside Mall Response: Noted. To our knowledge the shared parking and cross access agreement is included the original signed agreement between the property owners of Countryside Mall. . A future agreement will be signed in Firestone's favor and recorded at closing, gibing Firestone the same rights and JCPenney. Comment : 2. The property owner will need to provide a recorded landscape maintenance agreement with adjacent properties a part of the Countryside Mall Response: Noted. The owner is currently preparing a landscape maintenance agreement to be presented and signed by adjacent property owners. Comment 3. That the uses associated with the use be limited to no more than 15,930 square feet located as shown on the accompanying site plan and shall include only the following services: (a) Tire Services; (b) Alignment Services; (c) Cooling System Services; (d) Air Conditioning Services; (e) Oil Change Services; (� Wheel Services; ��-r��r<d��sc� �`�r��f��t�� L�n� �e��p€�� °v�ce� t;�,��Fi)si�d3A � TEX�at � As Kia'dS�� Ltlu�€:;i��dta � 141PN�a�°��s'A � GciiRGIA � CsGt`�hiSY��IAFiI:+ (g) Brake Services; (h) Shocks and Struts Services; (i) Electrical Services; (j) Preventative Maintenance; (k) Drivetrain Services; and (1) Battery Services. Response: Noted. Services at Bridgestone also include: 1)Replacing gaskets for engine blocks, which require the disassembly of the cylinder block, pan, heads, etc. 2) Repair and replacement of transmissions, differential transaxels, shaft and universal joints, wheel and steering linkages and assemblies. These two uses will be added to the current use. Comment : 4. That the uses associated with Vehicle Service, major as defined in Article 8 of the CDC are not permitted on the site. Response: The above mentioned current services may be interpreted as Vehicle Service, Major and will occur on the site. Comment : 5. Submit building elevations and existing sign dimensions to determine if current signs meet code. Response: Building elevations are included in this submittal, and show the existing sign dimensions. Comment : 6. If signs not to code, a separate sign permit will be required for code compliant signs or apply for Comprehensive Sign Program. Response: Existing signs on building meet current code. See attached Elevations/Exhibit. Comment :7. The termination of nonconformity of status for use requires signage meets the requirements of Code and, if not that new signs shall 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: (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 Response: Noted. Not applicable, existing signs meet current code. See atiached Elevations/Exhibit. Comment : 8. Provide a site plan, drawn to scale, to verify the location of all existing and proposed signage. The site plan is to show sight triangles and setback dimensions to all monument or freestanding signs. (Freestanding signs must be a minimum of five (5) feet from any property line.) Response: A Site Plan, drawn to scale, with existing sign locations has been provided. There are no existing freestanding/ monument signs for this property. (c) Inventory of all existing signs on the same property and/or building on which the sign is to be located, indicating the number, type, use e.g. property identification, business identification, etc.) Location and surface area. (If none, so indicate); Response: Noted. Site Plan identifies the location of existing signs and the other information mentioned above. (d) That signage proposed meet all standards per Section 3-1807 or 3-1808 when attached to Comprehensive Sign Program. Response: Noted. There is no new signage being proposed with this project. (e) MaYimum and minimum height of the sign, as measured from finished grade; Response: Noted. See Building Elevations/Exhibit. ( fl Dimensions of the signs supporting members; Response: Supporting members for wall-mounted signs are hidden behind signage. See Elevations. (g) For illuminated signs, the type, placement, intensity and hours of illumination. (Not more than five (5) foot candles of light intensity for commercial signs.); Response: Noted. Existing signs are internally lit, hours of illumination will be during hours of dusk and darkness and business operation (Approximately 5 hours per day). (h) Dimensions and elevations (including a color rendering of the message and color(s)) of the sign; and Response: Noted. Dimensions of existing signs are shown on the building elevations. (i) Construction and electrical specifications, for the purpose of enabling determination that the sign meets all applicable structural and electrical requirements of the Building and National Electric Codes. (Indicate if UL rated.) Response: The above mentioned specifications are unknown for the existing signs. (j) Elevation showing the proposed sign on the building / facade. Response: There is no proposed signage for this property. All signage is existing to remain, and in compliance with current codes. Comment: 9. The application states 60 parking spaces on-site the site plan indicates 68 spaces. Clarify. Response: Noted. The application has been modified to state 68 parking spaces. Comment : 10. Submit a copy of recorded plat. Response: A copy of the recorded plat will be sent it once it is obtained. Comment : 11. The submitted boundary survey shows 1 of 2 sheets where one sheet was submitted. Clarify. Response: Noted. While the sheet states 1 of 2, there is actually only 1 sheet. Comment : 12. Explain what is the primary purpose of the subdivsion? Why must the land be divided which creates the need to terminate status of nonconformity for use? Why is it critical the use become conforming to code even though no changes are proposed to building or use and the use may remain as a legally nonconforming use? Response: Please note that Firestone already operates the business located on the proposed subdivided property. JCPenney wishes to split the property to sell the building and appropriate improvements to Firestone. Firestone plans to continue the current operation as is for the foreseeable future. Firestone wishes to terminate a status of noncompliance and remain a part of the comprehensive mall development. Firestone is not proposing any site improvements or site upgrades beyond what is being required by the city at this time or in the foreseeable future. Comment :13. As far as engineering is concerned, a drainage easement will be necessary and utility easements may be necessary. Response: It is our understanding that the drainage easement would be covered under the already recorded operational agreement for the entire mall. FIRE COMMENTS: Comment : 1) Must meet the requirements of NFPA-30A Code for Motor Fuel Dispensing Facilities and Repair Garage 2008 edition (Florida) 7.3.6.9 Oil drainage systems shall be equipped with approved oil/water traps or separators if they connect to public sewers or discharge into public waterways. ACKNOWLEDGE PRIOR TO C.D.B. Response: Noted. There is currently and oil and water separator on site. Comment : 2) Building contains a Fire Sprinkler System, please note the following NFPA-1, Chapter 18,18.3.4.3 Fire Department connections shall be identified by a sign that states: No Parking Fire Department Connection must provide the building that it supplies and shall be designed in accordance with Florida Department of Transportation standards for information signage Knox Plugs and Knox Box will be required if they are not present, form may be obtained from The Division of Fire Prevention Services by calling (727) 562-4327 extension 3062 ACKNOWLEDGE PRIOR TO C.D.B. Response: Noted. The above mentioned notes have been added to the Site Plan. Comment : 3) Note: This is a D.R.C. approval only. Other issues may develop and will be addressed at building permit stage. Response: Noted. If you have any further questions in regard to this project or the responses above, do not hesitate to contact Charles `Chip' Ashley, Project Manager, at 479-273-9472. Thank you, Charles `Chip' Ashley, ASLA Project Manager CEI Engineering Associates,lnc. 3108 S.W. Regency Pkwy, suite2 Bentonville, AR 72712 ,� OPHOTO SURVEY OF EXISTING - SOUTH ELEVATION Scale: Not to Scale o�� ILLUMINATED CHANNEL LETTERS ON RACEWAY • 30 sqft TOTAL SIGN AREA APPROX. HEIGHT FROM GRADE: 18'-0" TO BOTTOM OF SIGN F`�� r ' � a, E2 . "�t:v'�� ^.��'�� , ,��'� ' ,�y �*�� `��.. - �i��'� , - —135'-0" QPHOTO SURVEY OF EXISTING - EAST ELEVATION Scale: Not to Scale � OPHOTO SURVEY OF EXISTING - WEST ELEVATION � Scale: Not to Scale ILLUMINATED CHANNEL LETTERS ON RACEWAY • 30 sqft TOTAL SIGN AREA APPROX. HEIGHT FROM GRADE: 18'-0" TO BOTTOM OF SIGN OPHOTO SURVEY OF EXISTING - NORTH ELEVATION Scale: Not to Scale �w/ /� �t� � � _ – Approvals� � , This is an original drawing created by Walton. It is Rcv�`s!of?: Signs will be manufactured with 120 Volts AIC. ' This sign is intended to be instailed in � r�� GI!er�t TIRES PLUS — submitted for your personal use, however, it shall at __ Au Primary electrical service to the sign,and final � accordance with the requirements of Sales: Date: S i G N A G E Acidre�s 2610 COUNTRYSIDE BLVD aU times remain the property of Walton. It may be connection thereof, is the responsibiliry of the buyer. � Article 600 of the National Electrical 3aiv �srcomme�« used in connection with the project being planned for All work is to be done in accordance with the purchase Code andlor other applicable local P.M.: Date: , ' �oca: on: CLEARWATER. FL y y 9 codes. This includes proper San Mtonio,ne �a��o ou b Walton, but not olhenvise. You are not a reement attached hereto. In case of variance w�`��'fDR1 Sa'es. MM Desi i �er: G� aulhorized to show these drawings to anyone between the specifcations of the purchase agreement roundin and bondin of the si n Design: Date: 770.886.0644 9' • . — - and this drawing, the drawing shall prevail. 9 9 9 9' p`, outside your organization, nor is it to be reproduced, , . QC 2005 WAITONALIRIGHT5RE5ERVE0 �BiP,: ��/�7��4 Pn'�.__D�! - USEd,COpi2d0�exhibitedinenyfashion. H:1TiresPlusl_LocafionslFl.ClearwaterCouMrysidelDesign1137302.cdr Client: Date: Sheet 1 of 1 LL ° � earwater U Planning & Development Deparhnent Preliminary Plat 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 FILIED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DEUVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF li 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 SUBMITTAI 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 FIUNG THIS APPUtATION, AGREES TO COMPLY WRH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $600 PROPERTYOWNER(PERDEED): JCPenney Properties, Inc. (Shon Merryman) MAILINGADDRESS: 6501 Legacy Drive M.S. 2105, Plano, TX 75024 PHONE NUMBER: 97 2- 4 31-14 9 6 EMAII: smerryma@jcp.com AGENTORREPRESENTATIVE: CEI Engineering {Chip Ashley) MAILINGADDRESS: 3108 SW Reqency Parkway Suite 2, Bentonville AR 72712 PHONE NUMBER: 4 7 9-27 3- 94 7 6 EMAII: cashley@ceieng.com ADDRESSOFSUBJECTPROPERTY: 27001 US Highway 19, Clearwater, Florida PARCELNUMBER(S): 30-28-16-00000-410-0300 LEGALDESCRIPTION: Part of East 1/2 of Section 30, Township, Range 16 East Clearwater, Pinellas County, Florida PROPOSEDUSE(5): Firestone Auto Care DESCRIPTION OF REQUEST: JCPenney and Bridgestone Retail Operations (BSRO) are requesting to terminate the existing Specificolly idenrify the request nonconforming status of the Tire Kingdom use of vehicular service-major. JCP and BSRO pia� to (include all requesred code jtex� ity; sp e re ng om rom e a ua prope y, u o rema n as pa o e overa e.y., reductlon ln required number of parking spoces, heigh� seibacks, fo[ mall as @ whole. B�RQ wouid then buv the orooerlv and continue with tunent ocerations. size, fot width, speci�c use, etc.J: Ptanning 3 Dwelopm�nt De�arfmfnt,100 3. MyrNe Avenue, Cla�rvvater, FL 33756, Tel: 727-562�567; Fax: 727•5�2�85 Pa�e 10# s Rwis�d 01/12 �. o Planning & Development Department W.ear�vater Prelimina Plat A lication rY pP � 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. ZONINGUiSTRICT: Commercial District FUTURE LAND USE PLAN dE51GNAT10N: CG EXISTING USE (currently existing on site): Auto Care Shop PROPOSED USE (new use, if any; plus existing, if to remain): Auto Care Shop SITE AREA: 6 3, 3 5 0 sq. ft. 1. 5 0 acres GROSS FLOOR AREA (total square footage of all buiidings): Existing: 15 , 9 3 0 sq. ft. Proposed: N /p, sq. ft. Maximum Aliowable: sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multipie uses): Fi�st use: N/A sq. ft. Second use: Third use: sq. ft. sq. ft. FLOOR AREA RATIO (totai square fooWge of aii buildings divided by the totat square footage of entire site): Existing: 2 4 . 4 $ Proposed: N/A Maximum Allowab(e: BUILDING COVERAGE/FOOTPRINT (1" fioor square footage of all buildings): Existing: 15 , 9 3 0 sq. ft. (_ 2 4. 4 % of site) Proposed: N/A sq. ft. ( � of site) Maximum Permitted: sq. ft. ( % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: 1, g g � sq. ft. ( 3. 0 % of site) Proposed: N/A sq. ft. ( % of sitej VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existi ng: 4 2, 7 4 8 sq. ft. ( 6 5. 4 % of site) Proposed: N/A sq, ft. �` % of site) Planninp d� DevelopmeM D�pariment,100 S. Myrtle Awnw, Cl�arwabr, FL 33756, Tei: 7Z7-6�Z�587; Fax: 727-6d2-/l1a5 Pa�e 2 of 8 Revb�d 01M2 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: 92 . 8 % Proposed: 92 . 8 % Maximum Permitted: DENSiTY (units, rooms or beds per acre): Existing: Proposed: N /A Maximum Permitted: BUILDING HEIGHT: Existing: Proposed: Maximum Permitted: N/A OFF-STREET PARKING: Existing: 60 Note: A park/ng demand study must be provided In conjunction with any request Proposed: N/A to reduce the amount of required off-street parking spaces. Please see ihe Minimum Requi red: adopted Parking Demond Study Guidelines for further informotion. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PR0IECT UPON COMPLETION? 5 1.000.000.00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Commercial District South: Medium High Density Residential District East: Institutional District West: Commercial District STATE OF FLORIDA, COUNTY OF PINELLAS q I, the undersigned, acknowledge that all Sworn to and subscribed before me this �/ f� day of representations made in this application are true and �C, �, to me and/or by accurate to the best of my knowledg,e and authorize ../J,, City representatives to visit and photograph the �J1 S'�� who is personalty known has pr�rty described in thi�s application. produce ��N� as identification. Signature of �, ;`:' '�'� Notary Public, State of Texas _.� �'c� My Commission Expires �h '3;�+ Jul 2i 2 1 or representative Notary p , - My commission expires: �-� c�� o��S PlanMnp � DevNopment D�partm�nt,100 S. Myrtl� Av�nw, Cle�rwater, FL 33756. TN: 727-b62-4567; Fax: MT-562-4A66 Pag� 3 ot E Revissd 01M2 LL o Planning & Development Department Y earwater Prelimina Plat A lication rY pP � Submittal Package Check list IN ADDITION TO THE COMPLETED PRELIMINARY PLAT APPLICATION, ALL REQUESTS FOR PRELIMINARY PLAT APPROVAL SHALL INCLUDETHE FOLLOWING INFORMATION: � A preliminary piat prepared by a surveyor, architect, (andscape archited or engineer drawn to a minimum scale of one inch equals 100 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: C� Title under which the proposed plat is to be recorded. � Name, address and telephone number of the person preparing the plat. � Identification cieariy stating that the drawing is a preliminary plat. � Legal description of the property, U.S. Survey section, township and range lines. � Existing and proposed rights-of-way and easements. � Proposed street names. �/ Names, appropriatety positioned, of adjoining plats. � Dimension and area of the overall plat, each lot, street rights-of-way (including radii of cul-de-sacs), common open space r other land to be dedicated for a public purpose, if any. �T North arrow, scale and date. Plannin� � DwNopm�M Deparbnerrt,100 S. MyrUe Av�nue, Cl�rwa�er, FL 33756, TN: 727-662-4587; Fax: 727-3E2�i8b Page 4 of a Revised 01M2 LL ° � earwater Planning & Development Department Preliminary Plat Application � Affidavit to Authorize Agent/Representative 1. Provide names of aii property owners on deed — PRINT fuil names: JCPenney Properties, Inc. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2�001 US Hwy 19 North, Clearwater, FL 33761 3. That this property constitutes the property for which a request for (describe request): To terminate the existing non-conforming status of the existing Tire Kingdom (Bridgestone (B5R0)) use of vehicular service-major. JCPenney plans to split the Tire Kingdom from the 1CP property, and then sell the Tire Kingdom property to BSRO. 4. That the undersigned (has/have) appointed and (does/do) appoi�t: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this appiication; 7. at I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Prop Owner Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PIIYELLAS 6EFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAW5 OF THE STATE OF FLORIDA, ON J �// , PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SNE SIGNED. ,�,.�►:'��, ( _ •;� • m �£ NIKIA TAYLOR MBOYA ` � �3. , Notary Public, State of Texas � , ;�� My Commission Expires `}' ��Y 21, 2015 Notary ublic Signature ._ - /l /l n i Notary Seal/Stamp My Commission Expires: r±i�:L�J Pianning d� DwNopmant MpaNment,100 S. Myrtle Avenue, Clearwater, FL 33756, TN; 727-562�567; Fax; 7Z7-662�411d5 Paye S of a Revised 01M2 LL ° C earwater U Information Required for the Submittal of Final Plat (Submittals to be made to the Engfneering Department) The final plat shall be suitable for reco�ding at the o�ce of the Clerk of the Circuit Court. It shall be p�epared and sealed by a land surveyor registered by the state and shall conform to the �equirements of Florida Statute, Chapter 177, and the requirements of this subsection. It shall be drawn at a scale of one-inch equals 50 feet or other scale determined approp�iate by the City E�gineer. The overall sheet size of the plat shall be consistent with the standards established by the Cierk of the Circuit Court for recording. Each sheet shall be provided with a one-inch margin on each of three sides and a three-inch margin on the left side of the plat for binding purposes. Eigfiteen (18) copies of the Final Plat shall be submitted. information required on the final plat i� a form satisfactoryto the City shall include: ❑ Name of plat. 0 Location of the plat by U.S. Sunrey System and Political Subdivision, including section, township, range, county and state. ❑ Names of existing streets abutting or giving access to the proposed plat. ❑ All plat boundaries based on an accurate transverse, with ali angular and linear dimensions shown. Error of enclosure of such boundary survey shait not exceed one foot for each 30,000 feet of perimeter survey. O All blocks, lots, streets, crosswalks, easements and waterways, within and adjacent to the plat, all of which shall have all angular and linear dimensions given and all radii, internal angles, bearings, points of curvature, tangents and lengths of all curves, so that no dimensions of data are missing which are required for the future location of any of the corners or boundaries of biocks, lots or streets, as listed above. When any lot or portion of the plat is bounded by an irregular li�e, the major portion of that lot or plat shall be enclosed by a witness line showing complete data, with distances along such lines extended beyond the enclosure to the irregular boundary shown with an much certainty as can be determined or as "more or less," if variable. All dimensions shali be given to the nearest hu�dredth of a foot. True angles and distances shall be drawn to the nearest established official monuments, not less than three of which shati be accurately described on the ptat. The intended use of all easements shall be clearly stated. O Curvilinear lots shall show arc distances, and radii, chord, and chord bearing. Radial lines shall be so designated. Direction of non-radial lines shali be indicated. 0 Sufficient angles and bearings shall identify the direction of all lines and shall be shown to the nearest second. 0 All right-of-way centerlines shall be shown with distances, angles, bearing or azimuth, points of curvature, points of tangenty, points of reverse curvature, points of compound curvature, arc distance, central angles, tangents, radii, chord, and chord bearing or azimuth, or both. ❑ All easements or rights-of-way provided for public services or utilities, and any limitations of such easeme�ts. 0 All lot numbers and lines. Lot lines shall be marked with accurate dimensions in feet and hundredths of feet, and bea�ings or angles to street lines. ❑ Accurate descriptions of any area to be dedicated or reserved for public use with the purpose indicated thereon. ❑ 1'itle, date of survey, graphic scale of map and north ar�ow. The bearing or azimuth reference shalt be clearly stated on the face of the plat in the notes or legend. D Permanent reference monuments shall be placed in accordance with requirements of the State of Florida. 0 Each plat shall show a description of the lands platted, and the description shall be the same in the titie certification. The description shall be so complete that from it, without reference to the plat, the starting point and boundary can be determined. ❑ The �rcuit Court Clerk's certificate and the land surveyor's certificate and seal. Plannin� � Dev�lopment Deparlment,100 S. Myrtle Avenue, Cl�rwater, FL 33756. T�I: 727-562�5�7; Fax: 727-562-4565 Ps� 6 oi � Revlsed 01/12 ❑ All section lines and quarter sedion lines occurring in the map or plat shalt be indicated by lines drawn upon the map or plat, with appropriate words and figures. If the description is by metes and bounds, the paint of beginning shatl be indicated, together with ai bearings and distances of the boundary lines, If the platted lands are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses. The point of beginning in the description shall be tied to the nearest gavernment corner of ather recorded and well-established corner. ❑ All contiguous properties shall be identified by plat title, plat book and page or, if unplatted, land shall be so designed. If the area platted is a replatting of a part or the whole of a previously recorded plat, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made and reference to the replatting sha11 be stated as a subtitle following the name of the ptat wherever it appears on the plat. 0 All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered or lettered in each block, except that blocks in number additions bearing the same name may be numbered consecutively throughout the several additions. O Park, recreation and open space parcels shall be sa designated. ❑ All interior excepted parcels shall be clearly indicated and labeled "Not a Part of This Plat." 0 The purpose of all areas dedicated must be clearty indicated or stated on the plat. ❑ When it is not possible to show curve detail information on the map, a tabular form may he used. The following documentation shall accompany the final plat: ❑ A titte opinion of an attorney licensed in the state or a certification by an abstractar or a title company stating that the court records identify that the title to the land as described and shown on the plat is in the name of the person executing the dedication. In addition, a document entitled consent to platting of lands and partial release of mortgage shall be filed together with the final plat for each person or corporation holding a mortgage on all land included on the plat, where such person has not signed the final plat. The title opinion or certification shalt show a11 mortgages not satisfied or released of record nor otherwise terminated by law. 0 Certification by a registered land surveyor that the plat represents a survey made by that individual, that all the necessary survey monuments, lot sizes and lot dimensions are correctly shown thereon, and that the plat complies with all of the survey requirements of Chapter 177 and this development code. Impressed on the plat and affixed thereto shall be the personal seal and signature to the registered land surveyor including the registration number of the surveyor, by whom or under whose authority and direction the plat was prepared. O A boundary survey of the platted lands. However, a new boundary survey for a replat is required only when the replat affects any boundary of the previously platted property or when improvements have been made on the lands to be replatted or adjoining lands. The boundary survey must be performed and prepared under the responsible direction and supervision of a professional surveyor and mapper preceding the initial submittal of the plat to the local governing body. This subsection does nat restrict a lega{ entity from employing one professional surveyor and mapper to perForm and prepare the boundary survey and another professional surveyor and mapper to prepare the plat, except that both the boundary survey and the plat must be under the same legal entity. ❑ Certification that all real estate taxes have been paid. ❑ Every plat of a subdivision or condominium filed for record shall include any required dedication by the appticant. The dedication shall be executed by all ow�ers having a recorded interest in the land being platted, in the same manner in which deeds are required to be executed. All mortgagees having a record interest in the land platted shall execute, in the same manner in which deeds are required to be executed, either the dedication cantained on the plat or in a separate instrument joining in the ratification of the plat and all dedication and reservation thereon in the form of a consent to plat from all mortgage interests acceptable to the City Attorney. When a tract or parcel of land has been platted and a plat thereof bearing the dedication executed by the developer and approval of the City has been secured and recorded in compliance with this division, all street, alleys, easements, rights-of-way and public areas shown on such plat, unless otherwise stated, shall be determined to have been dedicated to the public for the uses and purposes stated thereon, notwithstanding any separate action by resolution of the City Council to formally accept such offers of dedication. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33T56, Tel: 727-562-4567; Fax: 727-562-4865 Page 7 of 8 Revised 01J12 D Any existing or proposed private restrictions and trusteeships and their periods of existence shali be filed as a separate instrument and reference to such instrument shall be noted on the final plat. ❑ After a final plan has been approved, three prints of as-built drawings showing the improvements that have been constructed according to the approved subdivision construction plans and a copy of the financial guarantee for completion of required improvements shaf{ be filed with the City Engineer before such plat shatl be recorded. Financial Guarantee: Unless a11 required impravements have been satisfactorily completed, an acceptable financial guarantee for required improvements shall accompany every plat which is to be recorded to ensure the actual satisfactory comptetion of construction af ali required improvements within not more than two years following the date of recording, ar one year if sidewalks are the on(y required improvement to be completed following the date af recording. An acceptable financial guarantee for required improvements shall be in an amount not less than the estimated cost of the impravements, as approved by the City Engineer, and may be required to be increased if the City Engineer determines it appropriate, and may be reduced from time to time in proportion to the work campleted, and may take one of the fallowing forms, subject to the approval of the City Engineer and the City Attorney: ❑ Case, ta be held in a separate escrow account by the City; or C! An irrevocable letter of credit written by a bank chartered by the State, the United States Government, or any other State of the United States if the bank is authorized to do business in the State of Florida, and acceptable to the City Manager. The letter of credit shall include among other things, an expiration date not earlier that one year from the date of issuance; a provisian requiring the issuer of the letter of credit to give at least 30 days written notice to the City prior ta expiration or renewal of the letter; and a provision that tF►e letter is automatically renewed for a period of time equaling its original term if the required notice is not given; or ❑ A surety bond issued by a surety company autharized to do business in the state. The surety bond shall include, as a minimum, the provisians required for letters of credit. Planning & Development Department,100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 7Z7-562�567; Fax: 727-562-4865 Page 8 of 8 Revised 01N2