FLD2003-03016
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Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
CASE #: 2-D 0
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE#: ZSS
ZONING DISTRICT:
LAND USE CLASSIFICATION:
SURROUNDING USES OF ADJACENT
PROPERTIES: .
NORTH:
SOUTH:
WEST:
EAST:
I:l SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
I:l SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
I:l SUBMIT APPLICATION FEE $ 1,205.00
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A. F)I( ,'. 'JOO~ i: i
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* NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Infill Redevelopment Project (Revised 11/05/02)
-PLEASE TYPE OR PRINT-use additional sheets as necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
Regency Oaks, LLC, a Delaware limited liability company, and
APPLICANT NAME: Sylvan Health. Properties, LLC, a Delaware-limited liability company
c/o Neil Ezell, Johnson Ezell Corporation
MAILING ADDRESS: 18167 U. S. Hwv. 19 North, Suite 660, Clearwater, FL 33764.
E-MAIL ADDRESS:
nezell@johnsonezell.com
PHONE NUMBER:
727-530-5522 Ext. 201
CELL NUMBER:
FAX NUMBER:
Regency Oaks, LLC - As to Tract
Sylvan Health Properties, LLC -
(Must Include All owners)
727-530-0378
PROPERTY OWNER(S):
A
As to Tract B
AGENT NAME(S): E. D. Armstrong III, Esquire of Johnson, Blakely, Pope, Bokor, Ruppel &
Burns, P.A.
MAILING ADDRESS: P () Rnx 11F\1=I ('1 A;:l1'.W::lt-P"r FT. 1171')7-111'>1=1
E-MAILADDREss:ed@jbpfirm.com
CELL NUMBER:
FAX NUMBER:
PHONE NUMBER: 727-461-1818
727-462-0365
B. PROPOSED DEVELOPMENT INFORMATION:
2770, 2751,
STREET ADDRESS of subject site: 2701 and 2720 Regency Oaks Boulevard
LEGAL DESCRIPTION:
See Exhibit "A" attached hereto and incorporated herein.
(if not listed here. please note the location of this document In the submittal)
OS/29/16/00000/210/0000: OS/29/16/00000/210/0100: OS/29/16/00000/2~0/0200
Tract A - 33.77 acres m.o.l Tract B - 5.84 acres m.o.l.
PARCEL NUMBER:
PARCEL SIZE:
(acres. square feet)
PROPOSED USE AND SIZE: Tract A - 530-bed assisted living facility
(number of dwelling units, hotel rooms or square footage of nonresidential use)
Tract B - 120-bed skilled nursinq facility
DESCRIPTION OF REQUEST(S): Flexible development approval for comprehensive infill redevelop ent
(include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
project - See Exhibit "B" attached hereto and incorporated herein for detailed
d i rm nf
Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable
documents)
C. PROOF OF OWNERSHIP: (Section 4-202.A)
CI SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
CI Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
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 Exhibit "B" attached hereto and incorporated herein for responses to
all 16 criteria.
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.
3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed
use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
CI Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain
.!!.Ql!!! each criteria is achieved in detail:
1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity
and development standards.
Page 2 of 7 - Flexible Development Application - Comprehensive Intill Redevelopment Project- City of Clearwater
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2. The development of the parcel proposed for development as a comprehensive Infill redevelopment project or residential infill project will not
reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the
improvements. )
3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
4. The uses or mix of use within the comprehensive Infill redevelopment project are compatible with adjacent land uses.
5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
otherwise available in the City of Clearwater.
6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity.of
the parcel proposed for development.
7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
8. Flexibility in regard to lot width, required setbacks. height and off-street parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
9. Adequate off-street parking In the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
Page 3 of 7 - Flexible Development Application - Comprehensive Jnfill Redevelopment Project- City of Clearwater
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4' or greater), and location,
including drip lines and indicating trees to be removed);
o LOCATION MAP OF THE PROPERTY;
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the
submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the
parking standards are approved;
o GRADING PLAN, as applicable;
o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
o COpy OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SITE PLAN with the following information (not to exceed 24' x 36'):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas; .
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and aU required screening {per
Section 3-201 (0)(1) and Index #701};
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
o SITE DATA TABLE for existing, required, and proposed development, in writtenl1abular form:
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses
Cl REDUCED SITE PLAN to scale (8 Y. X 11) and color rendering if possible
Cl FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a 'certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees
Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
CJ LANDSCAPE PLAN:
. All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated. on
required tree survey);
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes
CJ REDUCED LANDSCAPE PLAN to scale (8 Yz X 11) (color rendering if possible)
CJ IRRIGATION PLAN (required for Level Two and Three applications)
CJ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21)
CJ STORMWATER PLAN including the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
CJ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval is required prior to Issuance of City Building Permit), if applicable
CJ COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
Cl BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials
CJ REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Yz X 11) (black and white and color rendering, if
possible) as required
J. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
CJ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or
to remain.
Cl All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing
Cl Comprehensive Sign Program application, as applicable (separate application and fee required).
Cl Reduced signage proposal (8 Yz X 11) (color), if submitting Comprehensive Sign Program application.
Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
L. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this " 8 rt... day of
March . . AD. 20 03 to me and/or by
E. n ArmRtron<] III . who is personally known
p~
iddf1CatioA>
~t..~
NOtary ublic,
My commission expires:
""'~';"" ) E
.-:i>t-'....~~... oyne . Sears
i...(,h)"'f.~ MY COMMISSION if 0014106' miRES
;:,';;~:;.,; September 2. 2005
'.,f,rir::~~~'" aoNOED THRU TROY fAIN INSURioNCE. ItK
Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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EXHIBIT "A"
Page 1 of 2
TRACT A:
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range
16 East, Pinellas County, Florida and being more particulariy desGibed 2S follows:
COMMENCE at the Southe.=st corner 9f the Northe.=st 1/4 of the Northwest 1/4 of said Section 5:
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4
of said Section 5, for 33.00 feet to the POINT OF BEGiNNING; thence continue N. 89 degrees 39'
20" W., along said South line and along the Northeriy boundary lines of ROBINWOOD
SUBDIVISION, ROBINWOOD SUBDIVISION FIRST AOOmON and THE ELKS, as recorded in Plat
Book 52, page 99, Plat Book 6~, page 38 and Plat 8ook95, page 90/ respectively, of the Public
Records of Pinellas County, Florida, for 1311.05 feet to the Northwest comer of aforesaid plat of
THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 1336.20 feet to the Southwest comer of the plat of L~.KE
cr-lAUTAUQUA ESTATES, 25 re-:orded in Plat Book 90, p2ge 22, of the Public Re-:ords of Pine!las
County, Florida; thence S. 89 degrees 42' 36" E., 210ng the North line of the Northeast 1/4. of the
Northwest 1/4. of said Section 5 (being the besis of be:iings of this description), same also bein9
the South boundary line of aforesaid L';KE CHAUTAUQUA ESlATES, for 630.00 feet to the point af
intersection with the Westerly right-of-way line of 2ND STRE= I E~ST~ therlce S. 00 degrees 02' 32"
W., along said Westerly right-of-way line, for 30.00 feet; thenca S. 89 degrees 42' 36" E., along
the south rioht-of-way line of 2ND SIRE:! EAST, and alono a line 30.00 feet South of and oeralle!
to the North line of the Northe::st 1/4. of the Northwest 1/4 of said Section 5, for 670.63 feet to
the West right-of-way line of Soule Road; thence S. 00 degn:es 22' 34" W., along a said West lin:
and along a line 33.00 feet West of and paralle! to the =.=st line or the NorJ1east 1/4 of the
Northwest 1/4 of said Section 5, for 1307.39 feet to the POINT OF BEGINNING.
LESS AND EXCE?T THEK.E:=?.OM THE i=OLLOWING (TO 3E KNOWN AS T?.ACT B):
COMMENCE at the Southeast corner of the Northe.=st 1/4. of the Northwes.: 1/4. or said Sedan 5;
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4. of the Northwest 1/4
of said Section 5, also being the northerly boundar:, liliES of ROBINWOOD
SUBDIVISION,ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as re-:orded in Plat
Book 52, page 99, Plat Seok 51, page 38 and Plat ::ook 95/ page 90/ respectively, of the Public
Re-:ords of Pine!las County, Florida, for 1015.80 fee: to t~e POINT OF 5EGINNING; thence
continue along said line N. 89 degrees 39' 20" W., for ;28.25 feet to the Northwest come!" of
aforesaid plat of THE ~LKS; thence N. 00 degrees ~8' ~6" E., along the West line of the Nor:::he:s
1i4 of the Northwest 1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22' 44" E., for
392.31 feet; thence N 07 degrees 57' 17" E, fer 2.9.55 feet; thence S. 42 degrees 51' 57" E, for
-_ 57.73 feet; thence S. 34 degr2~s 36' 08" E., for 119.85 feet; thence S. 44 degrees 35' .25!'1 E., fer
107.76 feet; thence S. 33 degrees dO' 06" E.. for SO.51 feet; thence S. 4.4 degrees 16' 53" E., fer
158.55 feet"; thence S. 28 degrees 42' 43" E., for ~5.!?S feet; thence S. 14 degrees 10' 34" E., for
82.48 feet; thence S. 63 degrees 33' 50" W., for 19.88 feet; thence N. 29 degrees 31' 38" W., for
78.31 feet; thence S. 47 degrees .is' d4" W., for 318.30 feet to the POINT OF BEGINNING.
AND
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EXHIBIT "A"
Page 2 of 2
TRACT B:
Being a portion or the Northeast 1/4 or the Northwest 1/4 of Section 5, Township 29 South, Range
16 E:st, Pinellas County, Florida and being further des,:.-;bed as follows:
Commence at the Southeast corner or the Northeast 1/4 cf the Northwest 1/4 said Section 5;
thence N. 89 degrees 39'20"W., along the South line oft.'ie Northeast 1/4 of the Northwest 1/4 of
said Section 5, aiso being the northerly boundary lines of ROBINWOOD SUBDIVISION,
ROBINWOOD SUBDIVISION ~RST AOOmON and THE C:...:O(S, as reo::orded in Plat Book 52, page
99, Plat Book 61, page 38, and Plat Soak 95, Page 90, res;Jectively, onhe Public Reo::ords of
Pinellas County, Florida, for 1015.80 feet to the Paint of ::eginning: thence continue along said
line N. 89 degrees 39'20"W., for 328.25 feet to the Nort'iwest corner of aforesaid plat of THE
ELKS; thence N. 00 degrees 48'S6"E., along the West line of the Northe:st 1/4 of the Northwest
1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22'44"E., for 392.31 feet; thence N.
07 deorees S7'17"E., far 29.55 feet; thence S. 42 degrees 51'17"E., for 57.73 feet; thence'S. 34
d - 36'08"'= =0"" a ~5 r-e"'f" '"henc'" c:: <ld o'enr=c:: ';:;-'2c:::ft~ - , 07 -6 = ",r' '"h = S ~~
earees ....., I I. __~._ _., l.. . _ _. " :: --- -~ - ...., ror _ ./ le__, I.. enc_ ..).)
, - _ '0'06"0;: =or 80 .., r'e"'!-' th"'nc= c:: <ld o'enr-"'== '='5::;ft~ - ,::;- 5- f-"''"' '"ii' "'nc- C 28 .
aeor<:es,,+ -'r I .0_ __, - - -' " ':! c__ -'''; - ...., Tor __c. ::J <:_'-, 1..1 - =-.
de;rees 42'43"'E., for 45.96 feet; thence S. 14 degre~== :0'34"E., for 82.,48 feet; thence S. 63
de;rees 33'SO"W., for 19.88 feet; thence N. 29 degrees 31'38"W., for 78.31 feet; thence S. 47
degrees 4S'44"W., for 328.30 feet to the Point of Beginning.
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EXHIBIT "B" TO
FLEXIBLE DEVELOPMENT APPLICATION
This is a request for flexible development approval of a comprehensive infill
redevelopment project. It recently came to the attention of the Applicants that the
Regency Oaks project, consisting of a 530-bed assisted living facility, located on Tract
A, and 120-bed skilled nursing facility, located on Tract B, is currently a nonconforming
use in the "LMDR" district. Tracts A and 8 were recently sold to the Applicants, creating
two separate building tracts, with regard to setbacks and other development
parameters. The City of Clearwater issued zoning letters, dated October 3, 2002, on
each of the tracts, outlining steps that could be taken to bring the parcels into
conformance. Those steps are the submittal of this application and simultaneous filing
of applications for rezoning and land use plan amendment.
The property was annexed in 1987. At that time, the majority of Tract A was zoned
"RPD" and the majority of Tract 8 was zoned PublidSemi-Public, with compatible land
use designations. The 530-bed assisted living facility was an approved use under the
"RPD" district and the skilled nursing facility was approved by conditional use (Case
#87 -92). The project was constructed pursuant to a certified site plan with attendant
modifications in 1990, 1991, 1992, 1994, 1995 and 1996. In 1999, when the City
adopted the Community Development Code, the City revised the zoning atlas and
comprehensive plan to designate the parcels as they are currently designated. The
current uses are not allowed in the LMDR zoning district, which encompasses most of
the site. The applicant has simultaneously filed applications for rezoning and land use
plan amendment to zone the overall site to "Institutional" with a land use designation of
"Institutional" (with the exception of Preservation areas which will remain as such). This
informatipn is given to explain why the site plan submitted with this application and the
requests set forth below, relate to the proposed "Institutional" zoning district.
Specifically, approval of thisrequest will allow the existing nonconformities as follows:
(i) A building height of 65.9 feet for two 5-story buildings located on Tract A,
where 50' is allowed;
(ii) Rear (westerly and southerly) setbacks of parking area on Tract A to be
zero feet where 20 feet is required;
(iii) Front (easterly) setback of parking area on Tract 8 to be zero feet where
25 feet is required;
(iv) Side (northerly) setback of parking area on Tract 8 to be zero feet where
10 feet is required: and
(v) 494 parking spaces on Tract A, where 588 spaces are required.
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The attached site plan depicts existinq development. Applicants are not proposing any
new development as part of this application.
The City requested that no additional tax parcels be created as a result of transfer of
ownership of the property. At the time of acquisition of the property, the Applicants
requested that the Mapping Division of the Pinellas County Property Appraiser's office
consolidate the property into two tax parcels-one for Tract A and one for Tract B. It is
our understanding from speaking to the Mapping Division that they have been "locked
out" of the tax rolls as to any mapping changes since February 7, but it is expected that
the Mapping Division will be able to commence updating the information after April 7,
2003. Therefore, the existing 3 tax parcels are referred to in this application.
General Applicability Criteria:
1) The proposed development of the land will be in harmony with the scale,
bulk, coverage, density and character of adjacent properties in which it is
located.
The neighborhood has not changed significantly since the project was
. constructed in 1991. Regency Oaks functions as a community served by internal
driveways and buffered from adjacent parcels by a six-foot high brick entrance
wall along Soule Road which extends along the northern and southern
boundaries of the site. The use is compatible with the residential neighborhoods
to the north and south. There is office use located to the west and Sylvan Abbey
Memorial Park is located to the east of the site, across Soule Road. There is a
strip of "Preservation" lands in the southwesterly corner of the site which extends
into a larger tract of "Preservation" located south of the property.
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.
There is no new development proposed. The relief which is sought relative to
height and setbacks does not impact adjoining parcels. The northerly five-story
building is set back from the perimeter of the project by 203.1 feet and the
southerly five-story building is set back from the perimeter of the project by
226.91 feet. The zero setbacks of parking area are internal to the site.
3) The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
This is an existing, well-maintained development. Approving existing parking
setbacks, reduced number of parking spaces and building height increases will
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not affect the health and safety of residents within the project, the neighborhood
or the City of Clearwater.
4) The proposed development is designed to minimize traffic congestion.
Traffic flows smoothly through the site with one entrance/exit located on Soule
Road. See the answer to Criteria 9 on page 5 in response to parking. Tracts A
and 8 share mutual cross-easements for driveways throughout the project. The
project has been in existence for many years and there are no existing parking or
traffic problems as a result of this development.
5) The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The community character is primarily residential and this retirement development.
is appropriate at this location.
6) The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts on
adjacent properties.
There is no effect as to hours of operation or olfactory. Visual and acoustic
effects are minimized by the following: (i) The five-story buildings are well set
back from the perimeter of the project as described in (2) above; (ii) the zero
parking setbacks are created by ownership of the parcels and are not visually
apparent; and (iii) the existing parking spaces are never full so there is no visual
effect created, such as if there were an overflow of parking.
Comprehensive Infill Redevelopment Project Criteria:
1. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards. .
Due to the existing conditions, and circumstances beyond the applicants' control,
such as the City's adoption of the Community Development Code and revision of
the zoning categories, it is not reasonable to require the Applicants to reduce the
height of the existing, occupied, five-story buildings. It is also not practical for the
Applicants to revise the existing driveways or add parking spaces to the project
which are not needed.
2 The development of the parcel proposed for development as a
comprehensive infill redevelopment project or residential infill project will
not reduce the fair market value of abutting properties. (Include the
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existing value of the site and the proposed value of the site with the
improvements. )
There is no new development proposed so there will be no changes to value as a
result of the approval of this request. The relief which is sought relative to height
and setbacks does not impact adjoining parcels. The northerly five-story building
is set back from the perimeter of the project by 203.1 feet and the southerly five-
story building is set back from the perimeter of the project by 226.91 feet. The
zero setbacks of parking area are internal to the site.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The assisted living facility and skilled nursing facility are permitted uses in the
"Institutional" district and serve the needs of the community.
4. The uses or mix of use within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
Regency Oaks was constructed in 1991. It is buffered from adjacent parcels by a
six-foot high brick entrance wall along Soule Road which extends along the
northern and southern boundaries of the site. The use is compatible with the
residential neighborhoods to the north and south. There is office use located to
the west and Sylvan Abbey Memorial Park is located to the east of the site,
across Soule Road. There is a strip of "Preservation" lands in the southwesterly
corner of the site which extends into a larger tract of "Preservation" located south
of the property.
5. Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Clearwater.
This is an existing, non-conforming project and it would not be practical to
relocate the current residents to another location. Therefore, the Applicants are
seeking to make the project conforming in order for it to be reconstructed at this
location, in the unlikely event of major damage or destruction of the premises.
6. The development of the parcel proposed for development as a
comprehensive infill redevelopment project will upgrade the immediately
vicinity of the parcel proposed for development.
Approval of this request will not result in any apparent change to residents in the
vicinity of the project.
7. The design of the proposed comprehensive infill redevelopment project
creates a form and function that enhances the community character of the
4
.
.
immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
Regency Oaks is a beautifully landscaped and well maintained facility that is
home to many Clearwater residents and is an asset to the community.
8. Flexibility in regard to lot width, required setbacks, height and off-street
parking are justified by the benefits to the community character and the
immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
When dividing the ownership of Tracts A and 8, the ~pplicants sought to create
property boundaries that would minimize the nonconformities of the site. As
shown on the attached site plan, building setbacks and impervious surface area
are greater than required by Code and floor area ratios are less than required by .
Code.
9. Adequate off-street parking in the immediate vicinity according to the
shared parking formula in Division 14 of Article 3 will be available to avoid
on-street parking in the immediate vicinity of parcel proposed for
development.
Attached data from ITE Parkina Generation. 2nd Edition show the parking
generation for Retirement Community and Nursing Home are O.27/unit and
0.28/room respectively. As such, the combined parking requirement would be
only 176 spaces. Tract A contains 494 parking spaces and Tract B contains 70
parking spaces for a combined total of 573 parking spaces.
10. The design of all buildings complies with the Tourist District or Downtown
District design guidelines in Division 5 of Article 3 (as applicable).
This is not applicable.
#288365 v1 - Regency/Camp Infill Exhibit
5
.
.
M. ~~IDA.Vrr"tO AUTl-IOR12b A(:~NT!
Svlvan Health Properties. LLC. a Delaware limited liability company
(Names of 0111 property owhel'5)
1. That (I em/we am) the owner(~) and record IItlg holder(S) ol1he followtng described property (address or general location):
See Exhibit "A" attached hereto and incorporated herein. The parcel is located
on Regency oaks Boulevard.
2. That IhIs property constitutes the property fgr which OJ reqU'~Bt for a: (describe raQU8St)
Flexible.nevelopment application. for a ComPrehensive Int:ill .Red.eve1.~pment
~J?'J;oj'ecf. - - .. . ~
3. That the undarslgned (hsWhave) appointed and (dgealdo) appoint E. D. ArmStrong :1:1.1, Esquire or Joan M.
Vecchioli. Esqui:re , of Johnson, Bla}tely , Pope. Bokor. RUppel & Burns. P.A.
as (his/their) eg8nt(s) to execute any petltlons or other dQl;Utnents necessary to effect such petition:
3. That this affidavit has been executed to induCQ the City of Clearwater. Florida to conslder and ad on the above dASalbed property:
4. That the. 3~plic;ant acknowledges that all irnpact fees (paries and recreation. traffic. etc.) will be !:laid PRIOR to the issuance of a building perrTlit.
certificate of occu~eney. or ather meehanlsm. whichever OC:CUr.J first:
5. That site visits to the prtlperty are necessary by City ~1'9-;entatlves it! order to process this application and "the owner authorizes City
representatives to visit and photograph the prtlperly descdbed .n this appicatlon:
6. That (lIwe). the undersigned authority. hereby certilY lhat1he fclregoIng Is true and CQI'1'ed.
SYLVAN HEALTli PROPERTIES, LLC, a Delaware limited liability company, By Clearwater
Land company, Its Managing I:-lember 7~erty owner /~ Z'~/J
PrOPerty OWner Neil Ezell. Vice President
STATE OF FLORIDA,
COUNlY OF PINELLAS
sefol'9 me the undersigned. an officer duly commissIoned by the lews of the State of Florida. gn this I 7 7h.... day of
March . 200.3 per.ronally appeanad N~ Ezell, as Vice President.. who having been fnt duly sworn
Deposes ~nd. says that he/she fUlly u:~,:~anOa the contents elf the aflldaVit that helshe sign~ '
My CommlSSlOh ~Ims: .....~y.r~ Herny A Launders, Jr. a. ~,& .
E"'~&:~ MY COMMISSION # 00094295 EXPIRES . - Notary ubllc ~
~~ W March 7, 2006
, :..-.:..t! ,""
.............
S:\Plannfng Deperlm/fnllAppJlcstJon I=Qrmald6llelopmenl reviewl20021~"omrIw fntlll fltJPlJC3tJon 2002.doc
""Of Clearwater Land company I Managin~r Member of SnVAN HEALTH PROPERTIES. LLC, a Delaware
limi ted lia,bili ty. company. on beha11: of said company,
Page 7 of 7 _ Flexible Oevelopment Application - Comprehensive Inflll Redevelopment Pro)ect- City of CIQalWeter
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Exhibit" A"
TRACI B:
Being a portion of the Northeast 1./4 of the Northwest 1/4 of Section S. Township 29 South, Range
16 East, p;ne!las County, Florida and being fur-J1er desc:riiJed as follows:
Commence at the Southeast corner oftt".e Northeast 1/4 of the Northwest 1/4 said Section 5;
thence. N. 89 degrees 39'20"W.. along the South line of the Northeast 1/4 of the Northwest 1./4 of
said Section 5, also being the northerly l:loundarv lines of ~OBINWOOD 5U6DtvISION,
R06INWOOO SU8DIVISION FIRST ADOITION and THE c:...~, as recorded In ?Iat Book 52. page
99, fllat Book 6l, page 38, and Plat 6001( 95, Page 90. respectively, of the Public Re-:::ords of
Pinellas County, Florida, for 1015.80 fe'!:t to the point of 6~lnning: thence continue along said
line N. 89 degre!!s 39'20"W'r for 328.25 feet to the Northwest corner of' aforesaid plat of THE
EL.I(S; thence N. 00 degre~s 4S'S6"E., along the West line of the Northeast 1/4 of the Northwest
1./4 of said Section 5, for 337.03 feet: t:-tence N. 37 dE!g~s 22'4.d."E.. for 392.31 fe~!:; thence N.
07 degrees S7'17"E., for 29.55 feet; thence S. 42 de~~s Sl'17"c., for 57.73 feet; theflce S. 34
degre~s 36'08"!:., for ~19.8S f'e~t; then::e S. 44 degre~s ::5'2S-E., for 107.76 feet; thence S. 33
de~re~s 40'06"!:.. for 60.61 feet; the!'m! S. 44 degrees lc'S5"E., for 158.55 feet; thence S. 28
aegre~s 42'<13"E., for 45.96 fe~t; thenc!! $. 14 degrees !.I)'34"E., for 82.48 ~e~~; thence S. 63
degrees 33'SO"W., for 1.9.68 feet; thent:e N. 29 de9re~s 31'3S"W.. for 78.2:i. feet; thenc~ 5.47
degreo::g 45'44"W., for 326.30 feet to tt:e Point of oeginning. .
-4
:\egency Tract B
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M. AFFIDAVIT TO AUTHORIZE AGENT;
Regency oaks, LLC, a Delaware l:iXni. ted l1a.bil.i ty company
(Names Df all property owners)
1. That (1 ;JmJwe are) the owner(s) and record tllle holder(s) o"the following desc:ribed property (address or general location):
:. : Regency Oaks Boulevard, ltlc;re particularly desc;ribed on Exhibit "A"
attach~d hereto and incorporated herein.
2. That this property constltutes the property fot which a requrlst for a: (describe request)
Flexible development applicaticn for a Comprehensive Infill Redevelopment
Project.
3. That the undersigned (hasJhave) appointed and (doe::ldo) appoint:
Vecchioli, Esqu~e, of Johnson, Blakelv, Pope, Bokor, Ruppel & Burns, P.A.
E. D. Armstrong III, Esquire or Joan M.
as (his/their) agent(s) to execute eny petitions or other documents necessary to sffed such petition:
J. That this affidavit has been exeClJted to induce the CIty of ClealWater. Florida to col1$ider aod act on the aboVe described property;
4, That the applicant acl<nowfedges that all Impact fees (park:; and recreallon. tr.ttfic. ett:..) will be paid PRIOR to the issuance of a building permit.
CC1rtlncale of occupancy, or other mechanism. whichever QllQUl'S first
5. That site visits to the property are necessary by CIty representatives In order to orocess tflis acpllcatlon and the owner authorizes City
retJre"'entaUves to visit and chotograph the property deserlb4d III this application:
6. That (Vwel. the undersigned authority, Ilereby c;ertlfy that tile foregoin!;l i$ btJe and COmlct.
SRi' Senior HouS~9 Fund I LLC, a Delaware limited liabili tv
By SBP Asset Mana9~~,~, a Delaware limited lrabLlity
Pmperty Owner
nager ST ATE OF ~EW . YORK
BW~OUGH OF MANHATTAN
Sefore me !he undereigned. an officer duly eommlsslon~ by.th1l1aws 0( the f III --. on this /7 d
March, . 2003 personally appeared craJ.g E. Anderson, Manager" who having been 11
Deposes ~nd. says ~at he/she fully unde::~~~;~~~~~~~;~ tile affidavit \hat I'P./Shll s;gne~ L
My CommiSSion Expires: Ik"-"'J '}:~!I~".J.~~~~',I:~i"""'!!;'L ~,~
?/ ';17' -, .'"J. ,-,,;-:y 1-:,;! n // No
( :3; ~tl V ""'~~;~~~~(;~ ~.~;:~?; i~fJ['~; /'
REGENCY O~ r LLC, By
company, its Manager,
company, its nage
By:
day of
t duly sworn
d"~
S:lPlsnn/ng De~rltMtJIIMppl/~tJO" FQ"":\t!evelD,,,"snt I9v/ew12002 FO'77lSlcomprehenslW! intiJl ~/lpJ'~dr;tl 2002.aoa
*of SHP Asset Management, LLC, a Delaware limited liability company, Manager of SHP Senior
Housing Fund, LLC, a Delaware limited liability company, Manager of Regency Oaks, LLC,
a Delaware limited liability' company J on bli!half of said company,
P3ge 7 of 7 - ~lelCible Development ApplicatIon - Comprehensive Intill Redevelopment Projgcl- CIty of Clearwater
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E;o<hibit "A"
TRACT A:
Being a portion of the NorthesSi: 1/' of the Nor.:hwesi: :/I!.. of Section 5, Township 29 South, Range
16 =as~, Pinellas County, FJonda and teing more par'til:"Jlarly de:;cribed as follows:
COMMENCE at the Southeast c~me!' o' the Northe=~ :/' or the Northwest 1/4 of said Se~on 3;
the:"\ce N. 89 degrees 3c;' 20" W., alor.g the South Ii;'le cf the Northeast 1/4 of the Northwest 1./4
of said SectIon 5. for 33.00 f'ee~ to thE; POINT OF ~=SZNN!NG; t"e~ce continue N. 89 de:;lrees 39'
20" W., ;along :5Qid South line and alor,g the Nor.:he:!y boundary lines of RQ6INWOOD
SUBDIVISION, ROBINWOOO SU6DIVlSION F!P.ST ADD!7J:ON and THE ELKS, as recorded in Plat
Book 52, page 99, Plat Book 61, page 38 and Plat Sook 95, page 90, respective!y, or the Public
P.e~ords of Pine!las County, Florida, for l31:!..OS re:t tc the Northwest come:- of aforesaid plat of
TriE E!J<S; thence N. 00 degrees 48' !i6" E.. along ~.,; We5t line of the Northea~ 1/4 or the
Northwe~ 1/4 of said Section :, for" '-336.2'J re~: ;: i;he Sout~west corner of the plat of LO..KE
CHAUTAUQUA ~STA,E5, as rec::lrded n Plat Soak ~O, U<:-:e 22. of the Public: Re~ords of Pinellas
c~untv, ~!orid2; thenc:e S. 89 degree:; 42' 36~ E., cicn; ~"e North line of the Northea$~ 1/4 of ~he
Northwest 1/4 of 5ald Sedon 5 (be!n;i the :Jasis of ~~=rings of this desc:;-tption), same also bemg
tr,a South boundary line of aforesaid .AKE CHAl.fiAiJQL:A ESTATES, for 630.00 fe~t: to the point of
inte:-section with the Westerly ;-ight-of-way line of ,::0 :;-;:l.:= 1 EAST~ thence. S. 00 de~n::e$ 02' 321
W., 210ng said Weste!'"\y right-or-way line, rei 30.CC f~=,:: thenc~ S. 89 degrees L2' 36" E:.. along
':ne south right-of-way line of 2NO STI~i:;r EASI, an.: alcng a line 30.00 feet South of and ~aralle!
to the North line of the Northei:st ~/d or the Nort,wes\: :/I!.. of said Section 5, for' 670.:3 fe~t to
the WaS\.. rignt-Qf~way line of Souie R.:Jac!; thenca~. ~O ~e~rees 2.2' 34" W., along a saId West line
ana alona a line 33.i:JQ fe~t West of c,d caralle.! i:C :he =~st line ':IT the Nori:he:s\: lId. of the
Nc~hwes~ lit. of s~id SectIon S. for :.307.39 fe=!:'J u'"la i'OINT OF 6~INNING.
L=55 AND EXC::?T TrlEP.EfROM THe :OLLOWING ~:J == KNowN AS TAACT 3):
COMMENC~ at the Southeast corne:" :Jr the No~Me~~ ~/L of the Nort:h'Nest "...14 of safd Section 5;
the!"!c: N. 89 degrees 39' 20~ W., alcng the Sout~ :ii1! cf the Ncr.:na:st l/L or the Northwest -:"/4-
of said Sec:ion S, also being the 1"lOr.~erIY oour.::iarl lines of R06!NWOOD
SuBDIVlSION,ROSINWOOD SUSDtv:SLON r:FS, ':~D~ON and THE =:-t{S, ~5 ie-:::oraer.:! In ?\at
Sook S~, page 99, Plet SOOK 6:, paQe 38 and ~I,a: 5:::.::;' 95, ~Qge 90, ~asoe~ively, of the P~.ibli<:
R.e,:orcis of ~ine!lc;s County, t=iorlcia, for lO!.5,8C fe~~ ':: ~~e PaIN, OF Bc:GINNING; thene!::
.:onril1ue along said line f\J. 89 de,;re~;~ 39' 2C" W.. ~:;r ::2S.25 feel: to the Northwest C':lmer of
aforesaid plat ofTh;: ELKS; thence 1'1.00 degrees ~':' =5" E.. along the Wesi..line of the Nor;:he:!.st
1/' of the Northwest 1/4 of said Se~tion 5. for 23/.~:: f-a~~; thence N. 37 C1e'::lr~~s 2.2' .i.L" 2.. for
3S2.31 fee!: thenc!; N 07 de;rees S.,. ~7" E, for 2~.== feet; thence S. 42 de;rees 51' 57" E. for
_. 57.73 fe~!: the:1C~ S. 34 degrEes 36' 08" =.. fer ~~~.s= ~eet; thence S. 44 degrees 35' 25" E., for
107.76 feet: thence S. 33 degrg~s dO' 06" :.. ror S:.:: ree~: the:'lc~ S. .1.L decr"e~s :1.6' :35- C.. for
158 :- fe"'~'. Lhenc= S IS de......e..s ..-;' .<1-:.' = '0. .':: :,.:: <<",Clio' "henc= <: 1 I!.. o.e;'r"''''s 10' ,Con E fer
._:J _..., '-, . _ .. _ -;, - "M .. ...of t I -_...- 1110;;;_... I,. - _A - ':: -- -..,
82.43 fe~:; the~ce S. 63 degrees ~:;. ~O~ W" fer ~;.e: fe~':; thel'lce N. 2.9 degrees 31.' 38" W./ for
78.31. feet; thence S, 47 degrees 4:' ~4" W.. for ::2~.la feet to the POINT OF aEGINNING.
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FLORIDA DESIGN CONSULTANTS, INC.
ENGINEERS, ENVlRONMENTAUSTS, SURVEYORS & PLANNERS
, ,
April'18,2003
Mr. Wayne Wells
City of Clearwater Planning Department
100 S. Myrtle Avenue, 2nd Floor
Clearwater, Florida 33756
Re: Regency Oaks FLD 2003-03016
Re~ponse to DRC Comments
Dear Mr. Wells:
.
In response to the comments discussed at the April!?, 2003 DRC Meeting we have revised the plans
and are resubmitting 15 sets and providing written response as follows.
TheDRC reviewed the application with the following comments:
Comment:
1. Environmental:
Response:
No comments.
Comment:
2. Fire:
Response:
No comments.
Comment:
3. General Engineering:
Response:
No comments.
2639 McCORMICK DRIVE- CLEARWATER, FLORIDA 33759
Tel: (727) 724-8422 - ,Fax: (727) 724-8606
Mr. Wayne Wells
April18,2003
Page 2
.
.
Comment:
4. . Harbor Master:
Response:
No comments.
Comment:
5. Land Resource:
Response:
No comments.
.Comment:
6. Landscaping:
Response:
No comments.
Comment:
7. Parks and Recreation:
Response:
No comment ifno change to structure.
Comment:
8. Planning:
a) Provide the existing, proposed and maximum allowed density for both Tracts
A and B. Provide as part calculation, the maximum number of dwelling units
(rounded down to full number) and the residential equivalent based on
number of beds. For calculating density, the area shown as Preservation (the
wetlands area) can only be calculated for one dwelling unit per acre (both
Tracts ).
.
.
Mr. Wayne Wells
April 18, 2003
Page 3
Response:
Tract A presently contains a 530 bed Assisted Living Facility (ALF) situated on 33.77
acres. Of the 33.77acres, 31.74 acres are zoned LMDR(7.5 units/acre) and 2.03 acres
are zoned P (1 unit/acre). The City of Clearwater provides a multiplier of 1 unit = 3
beds. The density calculation is:
TRACT A EXISTING
31.74 Ac. LMDR * 7.5 units/acre = 238 units
2.03 Ac. P * 1 unit/acre = 2units
Total 240 units maximum permitted
240 units * 3 beds/unit = 720 beds maximum permitted
TRACT A PROPOSED
The institutional zoning district (1) permits 12.5 units/acre.
31.74 Ac. I * 12.5 units/acre = 396 units
2.03 Ac. P * 1 unit/acre 2 units
Total = 398 units maximum permitted
398 unit * 3 beds/unit = 1,194 beds maximum permitted
Tract B presently contains a 120 bed Sylvan Skilled Nursing Facility situated on a 5.84
acres. Of the 5.84 acres, 1.40 acres are zoned LMDR, (7.5 units/acre), 3.72 acres are
zoned I (12.5 units/acre) and 0.72 acres are zoned P (1 unit/acre)
The density calculation is as follows:
TRACT B EXISTING
1040 acres LMDR *
3.72 acres I *
0.72 acres P *
Total
57 units
7.5 units/acre = 10.5 units
12.5 units/acre = 46.5 unit
1 unit/acre 0.72 units
57 units maximum permitted
171 beds maximum permitted
* 3 beds/unit
TRACT B PROPOSED
5.12 acres I
0.72 acres P
Total
64 units
* 12.5 units/acre = 64 units
* 1 unit/acre = 0.72 units
64 units maximum permitted
* 3 beds/unit 192 beds maximum permitted
.
.
Mr. Wayne Wells
April 18, 2003
Page 4
Comment:
b) Since the ptoperty has already been split by the recording of deeds on February 1,
2003, please provide a copy of all easements necessary (access, utility, drainage,
etc.) for Tract B over Tract A. If not already recorded, please advise as to what is
intended.
Response:
Com.ment:
A copy of the Reciprocal Easement Common Usage and Operation Agreement IS
attached.
c) There is a maintenance shed in the northeast corner of Tract A, as well as a wood
ramp, located within a utility easement. Can these encroachments be
removed/relocated out of the easement? Also, there is a maintenance trailer
(construction trailer) in the northwest corner of Tract A not meeting setbacks, can
the trailer be removed/relocated to meet setbacks?
Response:
Com.ment:
These can be relocated outside the 15 foot easement along the west property line. The
trailer and shed are to store groundskeeping equipment/materials and can be relocated
since they are not permanent structures.
d) Should record an easement for the public sidewalk on Tract A in the northeast
corner, at the intersection of Soule Road and 2nd StreefEast.
Response:
Comment:
The plans have been revised to show an easement to be dedicated to the City of
Clearwater where the public sidewalk encroaches on the northeast comer of Tract A.
e) Note: The brick wall along the street frontages' of Soule Road and 2nd Street East
on Tract A is nonconforming structure with regard to hei~ht, due to setbacks.
Mr. Wayne Wells
April 18, 2003
Page 5
Response.:
Comment:
.
.
Understood. The beautiful red brick walls cannot be removed.
1) Provide in Sheet 5/5 the existing/proposed setback from the southeast angled
property line to the existing building on Tract B.
Response:
Comment:
Sheet 5 has been revised to show 12.6 foot building setback from the southeast property
line.
g) Handicap parking must be brought into conformance with current Code
requirements and regard to location (at building entrances with sidewalk access),
design (12 feet wide plus the required five feet wide walk aisle). Striping and
signage.
Response:
Comment:
The plans have been revised to show 14 handicap spaces on Tract A (9 required) and 4
required handicap spaces on Tract B restriping of parking spaces is shown on the plans
as well as a note to install proper signage.
h) Address how trash removal is/will be handled with two ownership/parcels.
Response:
Comment:
Trash removal will continue to be handled as it is due to the Reciprocal Easement,
Common Usage and Operational Agreement. There is a trash compactor on-site.
i) Provide the square footage of signage facing Soule road.
Response:
The wall signage on Soule Road totals 40 s.f. consisting of two 20' xl' areas spelling
out "Regency Oaks". See photograph 1 and 2.
Mr. Wayne Wells
April 18, 2003
Page 6
.
.
Comment:
j) Provide/address all prior to CDB.
Response:
See attached plans.
Comment:
9. Solid Waste
Response:
No Comments
Comment:
10. Stormwater:
Response:
No comments.
Comment:
11. Traffic Engineering
a) Show and comply with 20' x 20' sight triangle on both the site plan and
landscape plan.
Response:
Sight triangles are shown on the Site Plan. We have also shown a vehicle at the
driveways to depict the positioning of the driver in relation to the brick walls. Driver
views are not impeded.
Comment:
b) Objects higher than 30" from pavement are prohibited in the 20' x 20' sight
triangles.
Mr. Wayne Wells
April 18,2003
Page 7
.
.
Response:
The walls cannot be removed. The drivers VIew IS not impeded by the walls or
landscaping.
Comment:
c) Install 2 "DO NOT ENTER" (R5-1) signs on westbound one-way access.
Response:
The signs were added to the plans at the entryway from Soule Road. (See Sheet 4).
We look forward to the May 20,2003 CDB meeting.
sm~% p
Robert pergOliZZi~
Vice. President/Transportation and Planning
:az
L:\wells-1.doc
AU.
cc: File 997-240.680
.
.
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
E. D. ARMSTRONG III
JOHN T. BLAKELY
BRUCE H. BOKOR
JOHN R. BONNER, SR..
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAELT. CRONIN
ELIZABETH J. DANIELS
BECKY FERRELL-ANTON
COLLEEN M. FLYNN
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A JOHNSON, JR.
SHARON E. KRICK
ROGER A LARSON
JOHN R. LAWSON, JR.
LEANNE LETIZE
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE T. MARQUARDT
ZACHARYD.MESSA
AR. "CHARLIE" NEAL
TROY J. PERDUE
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
AUDREY B. RAUCHW A Y
DARRYL R. RICHARDS
PETER A RIVELLINI
DENNIS G. RUPPEL"
CHARLES A SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLI
STEVEN H. WEINBERGER
JOSEPH J. WEISSMAN
.OF COUNSEL
PLEASE REPLY TO CLEARWATER
FilE NO. 44099.106632
April 21, 2003
Via Hand Delivery
Wayne M. Wells, AICP
Senior Planner
City of Clearwater Planning Dept.
100 South Myrtle Avenue
Clearwater, FL 33756-5520
Re: Case No. FLD2003-03016
Regency Oaks
Dear Wayne:
Enclosed are 15 sets of the following items in connection with the referenced
application:
1 Letter from Robert Pergolizzi, Florida Design Consultants, addressing
DRC comments;
2 Flexible Development Application for Comprehensive Infill Redevelopment
Project;
3 Revised site plan;
4 Reciprocal Easement, Common Usage and Operation Agreement;
5 Landscape plans and photographs;
6 Survey.
I will provide you with an update concerning the reconfiguration of the tax parcels
as soon as I receive that information from the Pinellas County Property Appraiser's
office.
CLEARWATER OFFICE
911 CHESTNUT ST.
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33757-1368
TELEPHONE: (727) 461-1818
TELECOPIER: (727) 462-0365
TAMPA OFFICE
lOON. TAMPA ST.
SUITE 1800
POST OFFICE BOX 11 00
TAMPA, FLORIDA 33601-1100
TELEPHONE: (813) 225-2500
TELECOPIER: (813) 223-7118
.
.
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
A TTORNEYS AND COUNSELLORS AT LAW
Wayne M. Wells, AICP
April 21 , 2003
Page 2
Please contact me if you require any additional information.
Sincerely,
~~.~
Jayne E. Sears
Legal Assistant
js
ends.
cc: Mr. Neil Ezell
Mr. Steve Fraser
Robert Pergolizzi, AICP
#291117 v1
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PINELLAS COUNTY, FLORIDA ,,1 C)
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911 CHESTNUT STREET
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RECIPROCAL EASEMENT. COMMON USAGE AND OPERATION AGREEMENT
THIS RECIPROCAL EASEMENT, COMMON USAGE AND OPERATION
AGREEMENT ("Agreement") is made as of this ~ day of \=" L\o\fv(C...1I ~ '
2003, between REGENCY OAKS, LLC, a Delaware limited liability ompany
("Regency"), and SYLVAN HEALTH PROPERTIES, LLC, a Delaware limited liability
company ("Sylvan").
Preliminary Statement
Regency is the owner in fee of certain real property (the "Regency Parcel"),
located in Pinellas County, Florida. The Regency Parcel is more particularly
described in Exhibit "A" attached hereto. Certain improvements are currently
existing on the Regency Parcel.
Sylvan is the owner in fee of certain real property (the "Sylvan Parcel") located
contiguous to the Regency Parcel. The Sylvan Parcel is more particularly described
in Exhibit "B" attached hereto. Certain improvements are currently existing on the
Sylvan Parcel. The Regency Parcel and the Sylvan Parcel, as more particularly
described on Exhibit "A" and Exhibit "B" are herein collectively referred to as the
"Parcels," and each individually as a "Parcel."
Sylvan and Regency recognize that it is necessary that they agree and
cooperate with respect to the operation and maintenance of their Parcels and the
common infrastructure and facilities contained therein. Sylvan and Regency
therefore intend herein to grant to each other certain easements and to grant to each
other certain rights to use common facilities shared by both Parcels. Sylvan and
Regency also intend herein to provide for certain obligations and restrictions with
respect to the operation and maintenance of their respective Parcels and facilities
contained therein. Such easements, obligations and restrictions shall run to the
benefit of, and bind the respective Parcels, and the owners from time to time of all or
any portion thereof. The terms "Regency" or "Sylvan" shall be deemed to refer to
such parties and the respective heirs, successors, grantees and assigns of such
parties (individually the "Owner," or collectively, the "Owners").
NOW, THEREFORE, in consideration of the mutual covenants and
agreements hereinafter set forth, Sylvan and Regency hereby grant, covenant and
agree as follows:
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. PINELLAS COUNTY ~LA.
0~~.REC.8K 12517 PG 2052
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ARTICLE I - GRANT OF EASEMENTS
Section 1.01.
Grant of Roadwav Access Easement.
(a) Access Easement. Regency hereby grants, imposes and establishes in
favor of the Sylvan Parcel a perpetual, nonexclusive easement for vehicular and
pedestrian access over, upon, across and through the paved surfaces lying within
the real property described in Exhibit "C" attached hereto and made a part hereof
(the "Roadway"), in order to provide vehicular and pedestrian ingress and egress to
and from the Sylvan Parcel.
(b) Costs and Maintenance. The Owner of the Regency Parcel shall be
responsible for maintenance, repair and replacement of the Roadway so that the
Roadway shall be and remain in a good, sound, orderly and clean condition, in
compliance with all applicable governmental ordinances, codes, rules and
regulations. In consideration for this access easement and use of the Roadway, the
Owner of the Sylvan Parcel shall bear its proportionate share of all costs and
expenses relating to maintaining, repairing and replacing the improvements from
time to time located within and immediately adjacent to the Roadway including,
without limitation, pavement, landscaping and spot lighting. The proportionate share
charged to the Owner of the Sylvan Parcel shall be based upon the Land Acreage
Formula. For purposes of this Agreement, the "Land Acreage Formula" shall mean
the proportion of acreage of the respective Parcel (5.84 acres as to the Sylvan
Parcel and 33.77 acres as to the Regency Parcel) in relation to the total number of
acres within the Parcels (39.61 acres), which is otherwise stated as 14.74% as to the
Sylvan Parcel and 85.26% as to the Regency Parcel. The proportionate share shall
be due from the Owner of the Sylvan Parcel within thirty (30) days after demand
therefor, as evidenced by supporting documentation. Notwithstanding the foregoing,
Sylvan shall not repair, maintain or replace the Roadway improvements unless
Regency fails to repair, maintain or replace the same after reasonable notice to
Regency by Sylvan of the need for repair, maintenance or replacement, unless
exigent circumstances exist which makes the giving of reasonable notice
impracticable.
Section 1.02.
Grant of Water/Fire Line Easement.
(a) Water/Fire Line Easement. Regency and Sylvan hereby grant, impose
and establish in favor of the Sylvan Parcel and the Regency Parcel, respectively, a
perpetual, nonexclusive easement over, under and across the real property
described on Exhibit "A" and Exhibit "8" for potable water/fire line purposes
including, without limitation, construction, installation, operation, maintenance,
repair, replacement, removal and inspection, five feet (5') on each side of the
centerline of any pipe or line providing potable water/fire service to the Parcels,
including related facilities such as fire hydrants, Siamese connections and double
check valve assemblies, gate valves and meter assemblies, and reasonable ingress
and egress thereto, but excluding any pipes or lines that may lie under buildings or
2
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PINELLAS COUNTY rLA
411rr,REC.8K 12517 PG 2053
,
t1
within five feet (5') of buildings (the "Water/Fire Line"). All such pipes, lines, and
facilities are currently in place and serving the Parcels in the approximate locations
shown on sheet 5 of 7 of those certain survey drawings prepared by ZARRA BOYD,
INC. dated August 30, 2002, as last revised January 24, 2003 and signed January
28, 2003, Project NO.1 031.
(b) Cessation of City Service. This easement shall not be utilized personally
by either Sylvan or Regency unless the City of Clearwater ceases to provide service
for the Water/Fire Line through existing easements.
(c) Maintenance. Repair and Use of Water/Fire Line. Each Owner shall be
responsible for maintenance, repair and replacement of the Water/Fire Line on its
Parcel so that the Water/Fire Line shall be and remain in a good, sound, orderly and
clean condition, in compliance with all applicable governmental ordinances, codes,
rules and regulations. All costs and expenses incurred in connection with
maintenance, repair and replacement of the Water/Fire Line shall be shared among
Sylvan and Regency proportionately based upon the Land Acreage Formula. All
costs incurred in connection with the continuing use of the Water/Fire Line,
specifically including fees imposed by utility service providers, shall be shared
among Sylvan and Regency based upon the Land Acreage Formula unless such
costs and expenses are allocable according to actual usage as determined by
separate meters or sub-meters for each Parcel and billed and collected directly by
the utility service provider. Each Owner hereby grants to the other Owner and its
utility service provider access easements necessary to read water meters.
Section 1.03.
Grant of Sanitary Sewer Easement.
(a) Sanitary Sewer Easement. Regency and Sylvan hereby grant, impose
and establish in favor of the Sylvan Parcel and the Regency Parcel, respectively, a
perpetual, nonexclusive easement over, under, across and through the real property
described on Exhibit "A" and Exhibit "B" for the purpose of underground sanitary
sewer collection and transmission including, without limitation, construction,
installation, operation, maintenance, repair, replacement, removal and inspection,
seven and one-half feet (7.5') on each side of the centerline of any pipe or line
providing sanitary sewer service to the Parcels, including reasonable ingress and
egress thereto, but excluding any pipes or lines that may lie under buildings or within
seven and one-half feet (7.5') of buildings (the "Sanitary Sewer Line"). All such pipes
and lines are currently in place and serving the Parcels in the approximate locations
shown on sheet 5 of 7 of those certain survey drawings prepared by ZARRA BOYD,
INC. dated August 30, 2002, as last revised January 24, 2003 and signed January
28, 2003, Project NO.1 031.
(b) Cessation of City Service. This easement shall not be utilized personally
by either Sylvan or Regency unless the City of Clearwater ceases to provide service
for the Sanitary Sewer Line through existing easements.
3
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.INELLAS COUNTY FLA,
,REC,8K 12517 PG 2054
II
(c) Maintenance. Repair and Use of Sanitary Sewer Line. Each Owner
shall be responsible for maintenance, repair and replacement of the Sanitary Sewer
Line on its Parcel so that the Sanitary Sewer Line shall be and remain in a good,
sound, orderly and clean condition, in compliance with all applicable governmental
ordinances, codes; rules and regulations. All costs and expenses. incurred in
connection with maintenance, repair and replacement of the Sanitary Sewer Line
shall be shared among Sylvan and Regency proportionately based upon the Land
Acreage Formula. All costs incurred in connection with the continuing use of the
Sanitary Sewer Line, specifically including fees imposed by utility service providers,
shall be shared among Sylvan and Regency based upon the Land Acreage Formula
unless such costs and expenses are allocable according to actual usage as
determined, billed and collected directly by the utility service provider.
Section 1.04.
Grant of Gas Line Easement.
(a) Gas Line Easement. Regency and Sylvan hereby grant, impose and
establish in favor of the Sylvan Parcel and the Regency Parcel, respectively, a
perpetual, nonexclusive easement over, under, across and through the real property
described on Exhibit "A" and Exhibit "B" for the purpose of utilizing underground
natural gas facilities including, without limitation, construction, installation, operation,
maintenance, repair, replacement, removal and inspection, five feet (5') on each side
of the centerline of any pipe or line providing natural gas to the Parcels, including
reasonable ingress and egress thereto, but excluding any pipes or lines that may lie
under buildings or within five feet (5') of buildings (the "Gas Line"). All such pipes,
lines and facilities are currently in place and serving the Parcels in the approximate
locations shown on sheet 5 of 7 of those certain survey drawings prepared by
ZARRA BOYD, INC. dated August 30, 2002, as last revised January 24, 2003 and
signed January 28, 2003, Project NO.1 031.
(b) Cessation of City of Clearwater Service. This easement shall not be
utilized personally by either Sylvan or Regency unless the City of Clearwater
permanently ceases to provide service for the Gas Line through existing easements.
(c) Maintenance. Repair and Use of Gas Line. Each Owner shall be
responsible for maintenance, repair and replacement of the Gas Line on its Parcel so
that the Gas Line shall be and remain in a good, sound, orderly and clean condition,
in compliance with all applicable governmental ordinances, codes, rules and
regulations. All costs and expenses incurred in connection with maintenance, repair
and replacement of the Gas Line shall be shared among Sylvan and Regency
proportionately based upon the Land Acreage Formula. All costs incurred in
connection with the continuing use of the Gas Line, specifically including fees
imposed by utility service providers, shall be shared among Sylvan and Regency
based upon the Land Acreage Formula unless such costs and expenses are
allocable according to actual usage as determined, billed and collected directly by
the utility service provider.
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... PINELLAS COUNTY rLA.
~rr.REC.8K 12517 PG 2055
Section 1.05.
Grant of Power Line Easement.
(a) Power Line Easement. Regency and Sylvan hereby grant, impose and
establish in favor of the Sylvan Parcel and the Regency Parcel, respectively, a
perpetual,nonexclusive easement over, under, across and through the real property
described on Exhibit "A" and Exhibit "B" for the purpose of utilizing underground
electric lines and facilities including, without limitation, construction, installation,
operation, maintenance, repair, replacement, removal and inspection, five feet (5')
on each side of the centerline of any line providing electric service to the Parcels,
including reasonable ingress and egress thereto, but excluding any lines that may lie
under buildings or within five feet (5') of buildings (the "Power Line"). All such lines are
currently in place and serving the Parcels in the approximate locations shown on
sheet 5 of 7 of those certain survey drawings prepared by ZARRA BOYD, INC. dated
August 30, 2002, as last revised January 24, 2003 and signed January 28, 2003,
Project No. 1031.
(b) Cessation of Florida Power Service. This easement shall not be utilized
personally by either Sylvan or Regency unless Florida Power Corporation ceases to
provide service for the Power Line through existing easements.
(c) Maintenance. Repair and Use of Power Line. Each Owner shall be
responsible for maintenance, repair and replacement of the Power Line on its Parcel
so that the Power Line shall be and remain in a good, sound, orderly and clean
condition, in compliance with all applicable governmental ordinances, codes, rules
and regulations. All costs and expenses incurred in connection with maintenance,
repair and replacement of the Power Line shall be shared among Sylvan and
Regency proportionately based upon the Land Acreage Formula. All costs incurred
in connection with the continuing use of the Power Line, specifically including fees
imposed by utility service providers, shall be shared among Sylvan and Regency
based upon the Land Acreage Formula unless such costs and expenses are
allocable according to actual usage as determined, billed and collected directly by
the utility service provider.
Section 1.06.
Grant of Telephone Line Easement.
(a) Telephone Line Easement. Regency and Sylvan hereby grant, impose
and establish in favor of Verizon Florida, Inc. ("Verizon") a perpetual, nonexclusive
easement over, under, across and through the real property described on Exhibit "A"
and Exhibit "B" for the purpose of utilizing underground telephone lines and facilities
including, without limitation, construction, installation, operation, maintenance,
repair, replacement, removal and inspection, five feet (5') on each side of the
centerline of any line providing telephone service to the Parcels. including
reasonable ingress and egress thereto, but excluding any lines that may lie under
buildings or within tive feet (5') of buildings (the "Telephone Line"). All such lines are
currently in place and serving the Parceis in the approximate locations shown on
sheet 5 of 7 of those certain survey drawings prepared by ZARRA BOYD. INC. dated
5
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.. P INELLAS COUNTY F"LA
~F"F".REC.8K 12517 PG 2056
August 30, 2002, as last revised January 24, 2003 and signed January 28, 2003,
Project No. 1031.
(b) Cessation of Verizon Service. In the event Verizon ceases to provide
service for the Telephone Line, the easement granted by Regency on the Regency
Parcel shall run in favor of the Sylvan Parcel and the easement granted by Sylvan on
the Sylvan Parcel shall run in favor of the Regency Parcel.
(c) Maintenance. Repair and Use of Telephone Line. Each Owner shall be
responsible for maintenance, repair and replacement of the Telephone Line on its
Parcel so that the Telephone Line shall be and remain in a good, sound, orderly and
clean condition, in compliance with all applicable governmental ordinances, codes,
rules and regulations. All costs and expenses incurred in connection with
maintenance, repair and replacement of the Telephone Line shall be shared among
Sylvan and Regency proportionately based upon the Land Acreage Formula.
Section 1.07.
Grant of Drainaqe Easement.
(a) Svlvan Drainaqe Easement. Regency hereby grants, imposes and
establishes in favor of the Sylvan Parcel a perpetual, nonexclusive easement for the
use, construction, installation, repair, replacement, removal and inspection of a
storm water collection, treatment and conveyance system and related facilities,
including inlets, pipes, drains, storm sewers, conduits, collectors, drainage areas
,and/or drainage ditches or channels and other facilities to capture and channel the
flow of surface and storm water. All such facilities are currently in place and serving
the Parcels in the approximate locations shown on sheet 6 of 7 of those certain
survey drawings prepared by ZARRA BOYD, INC. dated August 30, 2002, as last
revised January 24, 2003 and signed January 28, 2003, Project No. 1031. This
easement shall be imposed seven and one-half feet (7.5') on each side of the
centerline of any pipe or facility located within the Regency Parcel conveying surface
or storm water, together with a drainage easement over the dry detention pond
areas, legally described on Exhibit "D" attached hereto, with rights of reasonable
ingress and egress thereto (collectively, the "Sylvan Drainage Area").
(b) Reqencv Drainaqe Easement. Sylvan hereby grants, imposes and
establishes in favor of the Regency Parcel a perpetual, nonexclusive easement for
the use, construction, installation, repair, replacement, removal and inspection of a
storm water collection, treatment and conveyance system and related facilities,
including inlets, pipes, drains, sewers, conduits, collectors, drainage areas and/or
drainage ditches or channels and other facilities to capture and channel the flow of
surface and storm water. All such facilities are currently in place and serving the
Parcels in the approximate locations shown on sheet 6 of 7 of those certain survey
drawings prepared by ZARRA BOYD, INC. dated August 30. 2002, as last revised
January 24, 2003 and signed January 28. 2003, Project No. 1031. This easement
shall be imposed seven and one-half feet (7.5') on each side of the centerline of any
pipe or facility located within the Sylvan Parcel conveying surface or storm water
6
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. PIN~LLRS COUNTY ~LR
O~~,R~C.8K 12517 PG 2057
(collectively, the "Regency Drainage Area"). (The Sylvan Drainage Area and the
Regency Drainage Area are collectively the "Drainage Areas").
(c) Maintenance. Repair and Use of Drainaqe Areas. Each-Owner shall be
responsible for maintenance, repair and replacement of the Drainage Areas on its
Parcel so that the Drainage Areas shall be and remain in a good, sound, orderly and
clean condition, in compliance with all applicable governmental ordinances, codes,
rules and regulations including, without limitation, that certain SWFWMD
Construction Permit #402707.03 (the "SWFWMD Construction Permit"). All costs
and expenses incurred in connection with maintenance, repair and replacement of
the Drainage Areas shall be allocated among Sylvan and Regency based upon the
Land Acreage Formula.
Section 1.08.
Grant of Site Irriqation Easement.
(a) Sylvan Site Irriqation Easement. Regency hereby grants, imposes and
establishes in favor of the Sylvan Parcel a perpetual, nonexclusive easement for site
irrigation including, without limitation, construction, installation, operation,
maintenance, repair, replacement, removal and inspection, five feet (5') on each side
of the centerline of any irrigation system components including, without limitation,
piping, wells, heads, tanks, pumps, controls, and wiring, located on the Regency
Parcel, together with an easement over the irrigation compounds, legally described
on Exhibit "E" attached hereto, including reasonable ingress and egress thereto
(collectively the "Sylvan Irrigation Areas"). All such irrigation system components
are currently in place and serving the Parcels.
(b) Reqency Site Irriqation Easement. Sylvan hereby grants, imposes and
establishes in favor of the Regency Parcel a perpetual, nonexclusive easement for
site irrigation including, without limitation, construction, installation, operation,
maintenance, repair, replacement, removal and inspection, five feet (5') on each side
of the centerline of any irrigation system components including, without limitation,
piping, wells, heads, tanks, pumps, controls, and wiring, located on the Sylvan
Parcel, including reasonable ingress and egress thereto (the "Regency Irrigation
Areas"). All such irrigation system components are currently in place and serving
the Parcels. (The Sylvan Irrigation Areas and the Regency Irrigation ,A.reas are
collectively the "Irrigation Areas").
(c) Maintenance. Repair and Use of Irriqation Areas. Each Owner shall be
responsible for maintenance, repair and replacement of the Irrigation Areas on its
Parcel so that the Irrigation Areas shall be and remain in a good, sound, orderly and
clean condition, in compliance with all applicable governmental ordinances, codes,
rules and regulations including that certain SWFMWD Permit #20010358.001. All
costs and expenses incurred in connection with maintenance, repair and
replacement of the Irrigation Areas shall be shared among Sylvan and Regency
proportionately based upon the Land Acreage Formula. All costs incurred in
connection with the continuing use of the Irrigation Areas, specifically including fees
imposed by utility service providers. shall be shared among Sylvan and Regency
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. PINELLAS COUNTY FLA.
OFF.REC.8K 12517 PG 2058
based upon the Land Acreage Formula unless such costs and expenses are
allocable according to actual usage as determined, billed and collected directly by
the utility service provider.
Section 1.09.
Grant of Cable Television Easement.
(a) Cable Television Line Easement. Regency and Sylvan hereby grant,
impose and establish in favor of the Sylvan Parcel and the Regency Parcel,
respectively, a perpetual, nonexclusive easement for the purpose of utilizing cable
television lines and facilities including, without limitation, construction, installation,
operation, maintenance, repair, replacement, removal and inspection, five feet (5')
on each side of the centerline of any line located within the real property described in
Exhibit "A" and Exhibit "B" providing cable television service to the Parcels, including
reasonable ingress and egress thereto, but excluding any lines that may lie under
buildings or within five feet (5') of buildings (the "Cable Television Line"). All such
lines are currently in place and serving the Parcels in the approximate locations
shown on sheet 5 of 7 of those certain survey drawings prepared by ZARRA BOYD,
INC. dated August 30, 2002, as last revised January 24, 2003 and signed January
28, 2003, Project NO.1 031.
(b) Cessation of Time-Warner Cable Service. This easement shall not be
utilized personally by either Sylvan or Regency unless Time-Warner Cable permanently
ceases to provide service for the Cable Television Line.
(c) Maintenance. Repair and Use of Cable Television Line. Each Owner
shall be responsible for maintenance, repair and replacement of the Cable Television
Line on its Parcel so that the Cable Television Line shall be and remain in a good,
sound, orderly and clean condition, in compliance with all applicable governmental
ordinances, codes, rules and regulations. All costs and expenses incurred in
connection with maintenance, repair and replacement of the Cable Television Line
shall be shared among Sylvan and Regency proportionately based upon the Land
Acreage Formula. All costs incurred in connection with the continuing use of the
Cable Television Line, specifically including fees imposed by utility service providers,
shall be shared among Sylvan and Regency based upon the Land Acreage Formula
unless such costs and expenses are allocable according to actual usage as
determined, billed and collected directly by the utility service provider.
Section 1.10.
Easement.
Grant of Trash Compactor Area and Access Route
(a) Trash Compactor and Access Easement. Regency hereby grants,
imposes and establishes in favor of the Sylvan Parcel a perpetual, nonexclusive
easement over, upon, across and through the real property described on Exhibit "F"
attached hereto and made a part hereof, in order to provide for Sylvan's use of the
trash compactor located thereon and vehicular and pedestrian ingress and egress to
and from the Sylvan Parcel and the trash compactor area (the "Trash Compactor
Area and Access Route").
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PINELLAS COUNTY rLA.
Orr.REC.BK 12517 PG 2059
(b) Costs and Maintenance. The Owner of the Regency Parcel shall be
responsible for maintenance, repair and replacement of the Trash Compactor Area
and Access Route so that the Trash Compactor Area and Access Route shall be and
remain in a good, sound, orderly and clean condition, in compliance with all
applicable governmental ordinances, codes, rules and regulations. In consideration
for the use of the Trash Compactor Area and Access Route, the Owner of the Sylvan
Parcel shall bear its proportionate share of all costs and expenses relating to using,
operating, maintaining, repairing and replacing the improvements from time to time
located within the Trash Compactor Area and Access Route including, without
limitation, trash compacting equipment, pavement, landscaping and lighting. The
proportionate share charged to the Owner of the Sylvan Parcel shall be based upon
a fraction, the numerator of which shall be the number of individual mobile trash
carts dumped from the Sylvan Parcel and the denominator of which shall be the total
number of individual mobile trash carts dumped from the Parcels based on studies
done from time to time. The proportionate share shall be due from the Owner of the
Sylvan Parcel within thirty (30) days after demand therefor as evidenced by
supporting documentation. Notwithstanding the foregoing, Sylvan shall not repair,
maintain or replace the Trash Compactor Area and Access Route improvements
unless Regency fails to repair, maintain or replace the same after reasonable notice
to Regency by Sylvan of the need for repair, maintenance or replacement, unless
exigent circumstances exist which makes the giving of reasonable notice
impracticable.
Section 1.11. Additional Improvements. In the event that additional
improvements to the foregoing easements are reasonably deemed necessary by an
Owner: (a) the Owner requiring such improvements shall be solely responsible for
the design and construction of such additional improvements; (b) this Agreement
shall be amended and executed by each Parcel Owner for purposes of reflecting the
maintenance and repair responsibilities for such improvements; (c) the Owner
requiring the improvements shall cause such upgrades or improvements to be
completed promptly once work is initiated; (d) the location of sllch additional facilities
shall be acceptable to the Owner of the subject Parcels and all reasonable steps
shall be taken to minimize any interference with the business operations of the
Owner of such Parcel and the improvements located thereon, and to prevent any
interruption in service; and (e) the Owner requiring the improvements shall be
responsible for one hundred percent (100%) of the costs associated with any
upgrades or improvements required to be performed to the existing easements.
Section 1.12. Relocation of Utilitv Easements. Sylvan reserves the right
to relocate the easements created under Sections 1.02, 1.03, 1.04, 1.05, 1.06, 1.08
and 1.09 which are located on the Sylvan Parcel, provided that: (i) such relocation is
performed only after thirty (30) days' written notice to Regency of Sylvan's intention
to relocate; (ii) such relocation shall be at the sole cost of Sylvan; and (iii) all
reasonable steps are taken to minimize any interference with the business
operations of Regency and to prevent any interruption in Lise and service. Regency
reserves the right to relocate the easements created under Sections 1.02, 1.03, 1.0.d,
9
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.PINELLRS COUNTY FLR
F.REC.8K 12517 PG 2080
1.05, 1.06, 1.08, 1.09 and 1.10 which are located on the Regency Parcel, provided
that: (i) such relocation is performed only after thirty (30) days' written notice to
Sylvan of Regency's intention to relocate; (ii) such relocation shall be at the sole cost
of Regency; and (iii) all reasonable steps are taken to minimize any interference with
the business operations of Sylvan, and to prevent any interruption in use and
service.
Section 1.13. Bindinq Effect. The easement rights described herein
shall run with the land and shall benefit and burden the Regency Parcel and the
Sylvan Parcel in perpetuity, or until released by a recorded instrument signed by all
necessary parties. The easements described herein shall be binding upon Regency
and Sylvan and their successors and assigns who own any interest in any portion of
the property described in Exhibits "A" and "B," and each such Owner may grant the
benefit of such easements to the tenants and other occupants of the Sylvan Parcel
and the Regency Parcel for the duration of such occupancy, and to the customers,
employees, agents and business invitees thereof; but same is not intended nor shall
it be construed as creating any rights in or for the benefit of the general public nor
shall it affect any real property outside of the Parcels. The foregoing easement
areas are reserved for such use for the term of this Agreement and shall hereinafter
be collectively referred to as the "Easement Areas."
Section 1.14. Restrictions. The Easement Areas shall be subject to the
covenants and restrictions set forth in Article IV.
ARTICLE II - COMMON FACILITIES AND USE
Section 2.01. Site Siqnaqe. Regency and Sylvan grant to each other the
right and license to use the common site signage contained within the Parcels and
the signage located at the entrance to the Parcels consistent with the manner
currently used. Any changes to an Owner's signage located on the Parcel of another
Owner shall be subject to the reasonable approval of such other Owner.
Section 2.02. Communication System Use. Sylvan grants to Regency
the right and license to use the private telephone and communication system
hardware and software contained in the skilled nursing center located on the Sylvan
Parcel.
Section 2.03. Street Liqhtinq. Regency and Sylvan grant to each other
the right and license to use the existing street lighting on the Parcels for the benefit
of each Owner's respective Parcel.
Section 2.04. Maintenance, Repair and Use of Common Facilities. Each
of the foregoing facilities described in Sections 2.01, 2.02 and 2.03 shall hereinafter
be collectively referred to as the "Common Facilities." Each Owner shall be
responsible for maintenance, repair and replacement of the Common Facilities on its
Parcel so that the Common Facilities shall be and remain in a good, sound, orderly
and clean condition, in compliance with all applicable governmental ordinances,
10
1
.'
.
P I.LAS COUNTY F"LA.
0F"F".REC.8K 12517 PG 20S1
codes, rules and regulations. All costs incurred in connection with the continuing
use of the common site signage and street lighting shall be shared proportionately
among Sylvan and Regency based upon the Land Acreage Formula. Unless
otherwise provided in a separate agreement between the Owners governing
telephone services, all costs incurred with the continuing use of the common
communication system shall be shared proportionately among Sylvan and Regency
based upon the total number of lines in the rotary serving each Parcel. Unless
otherwise provided in a separate agreement between the Owners governing
telephone services, long distance charges shall be based on traffic studies done
from time to time.
ARTICLE III - MAINTENANCE AND OPERATION
Section 3.01.
Maintenance and Repair.
(a) Each Owner shall maintain, repair and replace all improved portions of.
the public areas located on its respective Parcel, so as to keep such areas at all
times in a sound, orderly, sightly, good and functional condition to standards of
comparable developments in the Pinellas County area.
(b) Each Owner shall be responsible for keeping the public areas on its
own Parcel clean and free from refuse and rubbish.
(c) Each Owner shall repave, re-stripe and replace markings on the
surface of the parking areas and driveways in its Parcel from time to time as and
when necessary so as to provide for the orderly parking of automobiles and shall
place and maintain adequate exit and entrance and other traffic control signs to
direct traffic inand out of said parking areas.
(d) Each Owner shall cause all buildings, improvements, Easement Areas
and Common Facilities located on its respective Parcel to comply with all applicable
requirements of law and governmental regulation applicable thereto, provided
however, that an Owner may contest any such law or regulation so long as such
contest would not create any material danger of a loss of title to, or impairment in
any way of the use of all or any portion of the Easement Areas and Common
Facilities for their intended purposes.
(e) All landscaped areas on each Parcel shall be planted, irrigated, mowed
and otherwise tended to by the Owner thereof.
Section 3.02.
Operation and Liqhtinq.
(a) Each Owner shall keep the roadways and parking areas of its
respective Parcel open to the clients of the Parcels seven (7) days a week at all
times and lighted after dusk.
11
.
4ItPINtLLRS COUNTY rLR
r.RtC.8K 1E517 PG EaSE
(b) Any additional facilities and fixtures to be used in the lighting of the
roadways or parking areas of the Parcels shall be constructed and maintained in
accordance with specifications mutually agreed upon by the Owners.
Section 3.03. Deleqation of Maintenance. The Owners may enter into
an agreement, with the consent of the Owners of all Parcels affected thereby,
appointing one of the Owners or a third party to perform all or portions of the
maintenance and repair of the Easement Areas and Common Facilities. Whether
maintenance and repair is performed by a third party or by the respective Owners,
and unless otherwise provided in such separate agreement governing such services,
each Owner shall be responsible to pay its respective Share (as hereinafter defined)
of the costs incurred by the designated party in performing such services, which
costs shall include the ordinary operating and maintenance expenditures incurred as
well as capital expenditures to the extent so authorized, provided however, that any
expenditure in which another Owner must share for a repair or replacement of the
designated party costing $5,000 or more shall require the prior approval of each.
such Owner. As used herein, the term "Share" shall be based on the Land Acreage
Formula, unless otherwise specified herein.
ARTICLE IV - COVENANTS AND RESTRICTIONS
Section 4.01. Restrictions on Public Areas. The Parcels shall be subject
to the following restrictions which shall be binding on each Owner and each of its
tenants, occupants, employees, agents or invitees:
(a) No obstruction to the free flow of traffic and use of the Easement Areas
and Common Facilities shall be permitted, -except to the extent, herein expressly
provided for.
(b) Any construction shall be conducted in a manner which will limit the
maximum extent practicable any interference with the operation of the balance of the
Parcels.
(c) No portion of the Parcels shall be used for a business or use which
creates strong, unusual or offensive odors, fumes, dust or vapors; is a public or
private nuisance; emits noise or sounds which are objectionable due to
intermittence, beat, frequency, shrillness or loudness; or creates unusual fire,
explosive or other hazards.
(d) No Parcel may be subdivided, parcelized, split or otherwise divided
without the consent of the Owners of all Parcels legally affected thereby.
(e) The Regency Parcel may not be used or operated for any purpose
other than an independent living faciiity and/or continuing care and retirement
community and related uses; the Sylvan Parcel may not be used or operated for any
purpose other than a skilled nursing facility, an assisted living facility and/or home
health care agency and related health care uses.
12
.
.
PINELLAS COUNTY FLA.
OFF.REC.8K 12517 PG 2083
(f) Any building erected on any Parcel and any remodeling or
reconstruction work undertaken on any existing buildings located on the Parcels:
shall at all times be of first quality construction and architectural design and shall at
all times conform to the original design concepts of the Parcels including, without
limitation, exterior elevations and color thereof; shall be architecturally and
aesthetically compatible and harmonious with the other buildings and improvements
on the Parcels; and shall comply with the then applicable requirements of all local
building codes.
ARTICLE V - LIABILITY INDEMNIFICATION
Section 5.01. Liabilitv: Indemnification. Each Owner shall indemnify and
hold every other Owner harmless from and against any damages, liability, actions,
claims and expenses (including attorneys' fees in a reasonable amount) in
connection with the loss of life, personal injury, damage to property or claims of lien.
for work or labor performed, or materials or supplies furnished, arising from or out of
any occurrence in or upon such indemnifying Owner's Parcel. The indemnity and
hold harmless provisions of the foregoing sentence shall not apply to damages,
liability, actions, claims or expenses: (1) resulting wholly or in part from the tortious
acts or omissions of the indemnified Owner, its tenants, agents, contractors,
employees, licensees, or any other party acting by, through or under such Owner, or
(2) occasioned wholly or in part by any act or omission of said indemnified Owner, its
tenants, agents, contractors, employees, licensees or other party acting by, through
or under such Owner, in connection with the use by any such party of any
easements or rights benefiting the Parcel of the indemnified Owner and burdening
the Parcel of the indemnifying Owner, whether granted under this Agreement or any
other. agreement. Further, and notwithstanding the foregoing, each Owner shall
indemnify and hold every other Owner harmless from and against any damages,
liability, .actions, claims and expenses (including attorneys' feesina reasonable
amount) in connection with the loss of life, personal injury, damage to property or
claims of lien for work or labor performed, or materials or supplies furnished,
occasioned wholly or in part by any act or omission of such indemnifying Owner, its
tenants, agents, contractors, employees, licensees or other party acting by, through
or under such Owner, in connection with the use by any such party of any
easements or rights granted under this Agreement which burden another Owner's
Parcel with uses or improvements which exclusively benefit (as between the
indemnifying Owner and the indemnified Owner) the indemnifying Owner's Parcel.
The indemnity and hold harmless provisions of the foregoing sentence shall not
apply to damages, liability, actions, claims or expenses resulting wholly or in part
from the tortious act or omission of the indemnified Owner, its tenants, agents,
contractors, employees, licensees or any other party acting by, through or under
such Owner.
Section 5.02. Liabilitv Insurance. Each Owner shall maintain or cause to
be maintained public liability insurance insuring against claims on account of loss of
life, bodily injury or property damage that may arise from. or be occasioned by the
:3
.
. PINELLAS COUNTY FLA
OFF,REC,8K 12517 PG 2084
condition, use or occupancy of its Parcel or from the use of the Easement Areas and
Common Facilities by the Owner and its tenants, agents, contractors, employees,
licensees, customers and invitees of such Owner or the occupants of its Parcel to
the extent such insurance is generally available at commercially reasonable rates.
ARTICLE VI - CASUAL TV AND EMINENT DOMAIN
Section 6.01.
Casualtv.
(a) If any of the buildings located on any Parcel is damaged or destroyed
by fire or other cause, the Owner of such building shall promptly cause either: (i) the
repair, restorations, or rebuilding of the building so damaged or destroyed; or (ii) the
razing of any damaged building, the filling of any excavation, and performance of any
other work necessary to put such portion of the Parcel in a clean, sightly, sound and
orderly condition.
(b) Unless otherwise specified in this Agreement, in the event any easement-
related improvements located within Easement Areas or Common Facilities are
damaged or destroyed, the Owner of the Parcel to which such damage has occurred
shall promptly cause the repair, restoration or rebuilding of the improvements to the
extent necessary to restore them to their previously improved condition and restore
such other areas to the extent necessary to avoid interference with the remaining
Easement Areas and Common Facilities.
(c) The rights and obligations contained herein shall be subordinate to the
rightto proceeds contained in any Institutional Mortgage (as tlereinafter defined).
Section 6.02. Casualtv Insurance. In order to assure performance of
their respective obligations under Section 6.01, the Owners of the respective Parcels
shall cause to be carried fire and extended coverage insurance on all buildings and
improvements on their respective Parcels in an amount of the replacement cost of
such improvements to the extent such insurance is generally available at
commercially reasonable rates.
Section 6.03. Eminent Domain. In the event the whole or any part of the
Parcels shall be taken by right of eminent domain or any similar authority of law (a
"Taking"), the entire award for the value of the land and improvements so taken shall
belong to the Owner of the Parcel so taken or to such Owner's mortgagees or
tenants, as their interest may appear, and no other Owner shali have a right to claim
any portion of such award by virtue of any interest created by this Agreement. Any
Owner of a Parcel which is not the subject of a taking may. however, file a collateral
claim with the condemning authority over and above the value of the land being so
taken to the extent of any damage suffered by such Owner resulting from the
severance of the land or improvements so taken. if such claim shall not operate to
reduce the award allocable to the Parcei taken. In the event of a partial Taking, the
Owner of the portion of the Parcel so taken shall restore the easement-related
improvements located within the Easement Areas and Common Facilities of the
14
~NELLAS COUNTY rLA.
Orr .~EC.8K 12517 PC 2065
Owner's Parcel as nearly as possible to the condition existing prior to the Taking
without contribution from any other Owner and any portion of any condemnation
award necessary therefore shall be held in trust and applied for such purpose,
provided that the cost of relocating any utilities shall be borne in accordance with the
ratios set forth in Section 3.03 and further provided that all awards applicable to the
relocation of utilities shall be first applied to the cost thereof. The rights and
obligations contained herein shall be subordinate to the right to proceeds contained
in any Institutional Mortgage (as hereinafter defined).
.
ARTICLE VII - REMEDIES
Section 7.01.
Self Help; Lien Riqhts Disputes.
(a) If any Owner shall default in the performance of an obligation of such
Owner (such Owner being herein called a "Defaulting Owner"), which default affects
the Owner of another Parcel or any party claiming by, through or under such Owner
(an "Affected Party"), such Affected Party, in addition to all other remedies it may
have at law or in equity, after ten days' prior written notice to the Defaulting Owner
and any Institutional Mortgagee under an Institutional Mortgage (as hereinafter
defined) (or in the event of an emergency after such notice as is practical under the
circumstances), shall have the right to perform such obligation on behalf of the
Defaulting Owner, subject to the dispute provisions of Section 7.06. In SLlch event,
the Defaulting Owner shall promptly reimburse the Affected Party the cost thereof,
together with interest thereon from the date of outlay at a rate equal to the lesser of
(i) two percent in excess of the prime lending rate announced by Citibank, N.A. as its
prime rate or (ii) the highest rate permitted by applicable law (the "Interest Rate").
(b) Any such claim for reimbursement, together with interest thereon as
aforesaid, shall be secured by a lien on the Parcel and improvements thereon owned
by the Defaulting Owner, which lien shall be effective upon the recording of a notice
thereof in the Office of the Clerk of the Circuit Court of Pinellas County. The lien
shall be subordinate to any mortgage or deed of trust held by an institutional lender
now or hereafter affecting the subject Parcel (an "Institutional Mortgage"); and any
purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu
of foreclosure or trustee's sale) under any such Institutional Mortgage shall take title
subject only to liens thereafter accruing pursuant to this Section 7.01.
Section 7.02. Iniunctive and Other Remedies. In the event of a breach
by any Owner of any obligation of this Agreement, the other Owners shall be entitled
to obtain an injunction specifically enforcing the performance of such obligation; the
Owners hereby acknowledge the inadequacy of legal remedies and the irreparable
harm which would be caused by any such breach, and/or to relief by other available
legal and equitable remedies from the consequences of such breach. Any action
taken or document executed in violation of this Agreement shall be void and may be
set aside upon the petition of the other Owners. Any costs and expenses of any
such proceeding, including reasonable attorneys' fees incurred at mediation,
arbitration, trial, or on appeal, shall be paid by Defaulting Owner and, if recorded
15
.
.
PINELLAS COUNTY FLA.
OFF,REC.8K 12517 PG 2066
without Dispute as provided in Section 7.06, shall constitute a lien against the land,
and improvements thereon, or the interests therein, until paid.
Section 7.03. No Waiver. No delay or omission of any Owner in the
exercise of any right accruing upon any default of any other Owner shall impair such
right or be construed to be a waiver thereof, and every such right may be exercised
at any time during the continuance of such default. A waiver by any Owner of a
breach of, or a default in, any of the terms and conditions of this Agreement by any
other Owner shall not be construed to be a waiver of any subsequent breach of or
default in the same or any other provision of this Agreement. Except as otherwise
specifically provided in this Agreement, (i) no remedy provided in this Agreement
shall be exclusive but each shall be cumulative with all other remedies provided in
this Agreement and (ii) all remedies at law or in equity shall be available.
Section 7.04. Non-Terminable Aqreement. No breach of the provisions
of this Agreement shall entitle any Owner or party to cancel, rescind or otherwise
terminate this Agreement, but such limitation shall not affect, in any manner, any
other rights or remedies which any party may have hereunder by reason of any
breach of the provisions of this Agreement. No breach of the provisions of this
Agreement shall defeat or render invalid the lien of any mortgage or deed of trust
made in good faith for value covering any part of the Parcels, and any improvements
thereon.
,. Section 7.05. Force Maieure. In the event any Owner or any other party
shall be delayed or hindered in or prevented from the performance of any act
required to be performed by such party by reason of Acts of God, strikes, lockouts,
unavailability of materials, failure of power, prohibitive governmental laws or
regulations, riots, insurrections, the act or failure to act of the other party, adverse
weather conditions preventing the performance of work as certified to by an
architect, war or other reason beyond such party's control, then the time for
performance of such act shall be extended for a period equivalent to the period of
such delay. Lack of adequate funds or financial inability to perform shall not be
deemed to be a cause beyond the control of such party.
Section 7.06. Dispute. In the event of any dispute as to the necessity of
any required action or the propriety of any action taken with respect thereto or the
appropriate cost or expense of such action which is the subject of reimbursement, if
any, or any other claims or dispute under this Agreement ("Dispute") the disputing
party ("Disputing Party") shall notify the other party in writing as to the nature of any
such Dispute within ten (10) days of any notice of default, claim or lien sent by any
Affected Party or Owner. In the event of a Dispute, any action taken by the Affected
Party shall be subject to the rights of the Disputing Party in all respect and no lien or
notice thereof shall become effective until the judicial determination of such Dispute
or settlement agreed to by the parties. Any costs and expenses of any litigation
determining such Dispute, including reasonabie attorney's fees incurred at
mediation, arbitration, trial, on appeal or in connection with post-judgment collection
proceedings, shall be paid by the party judicially determined te be at fault or in error.
16
.
.INELLAS COUNTY rLA
.REC.8K 12517 PG 2087
Notwithstanding the foregoing, if an emergency exists or if the failure to take any
action might subject a party to fine or prosecution for a crime or constitute a default
under any mortgage or deed of trust, the party whose Parcel is so affected shall
have the right, prior to adjudication of the Dispute as aforesaid, to take reasonable
steps so as to protect its position, the propriety of which as well as the
reimbursement of the resulting costs shall be adjudicated as aforesaid to be in
default or error in such Dispute.
ARTICLE VIII - TERM
Section 8.01. This Agreement and the easements, rights, obligations
and liabilities created hereby shall be perpetual to the extent permitted by law.
ARTICLE IX - EFFECT OF INSTRUMENT
Section 9.01. Mortqaqe Subordination. Any mortgage or deed of trust
affecting any portion of the Parcels shall at all times be subject and subordinate to
the terms of this Agreement, except to the extent expressly otherwise provided
herein, and any party foreclosing any such mortgage or deed of trust, or acquiring
title by deed in lieu of foreclosure ortrustee's sale shall acquire title subject to all of
the terms and provisions of this Agreement, subject to Section 7.01 (b) hereof. Each
party, hereto represents and warrants to the other parties that there is no presently
existing mortgage or deed of trust lien on its Parcel, other than mortgage or deed of
trust liens that are expressly subordinate to the provisions of this Agreement or for
which the holder of such mortgage or deed of trust lien has executed an express
confirmation or consent to be recorded in connection with this Agreement.
Section 9.02. Bindinq Effect. Every agreement, covenant, promise,
undertaking, condition, easement, right, privilege, option and restriction made,
granted or assumed, as the case may be, by either party to this Agreement is made
by such party not only personally for the benefit of the other party hereto but also as
Owner of a portion of the Parcels and shall constitute equitable servitude on the
portion of the Parcels owned by such party appurtenant to and for the benefit of the
other portions of the Parcels. Any transferee of any part of the Parcels shall
automatically be deemed, by acceptance of the title to any portion of the Parcels, to
have assumed all obligations of this Agreement relating thereto to the extent of its
interest in its Parcel and to have agreed with the then Owner or Owners of all other
portions of the Parcels to execute any and all instruments and to do any and all
things reasonably required to carry out the intention of this Agreement and the
transferor shall upon the completion of such transfer be relieved of all further liability
under this Agreement except liability with respect to matters that may have arisen
during its period of ownership of the portion of the Parcels so conveyed that remain
unsatisfied.
Section 9.03. Non-Dedication. Nothing contained in this Agreement
shall be deemed to be a gift or dedication of any portion of the Parcels to the general
public or for any public use or purpose whatsoever, it being the intention of the
'17
.
. P INE:LLAS COUNTY F'LA,
0F'F'.RE:C.8K 12517 PG 2068
parties hereto and their successors and assigns and that nothing in this Agreement,
expressed or implied, shall confer upon any person, other than the parties hereto
and their successors and assigns, any rights or remedies under or by reason of this
Agreement.
Section 9.04. Responsibility. Notwithstanding anything to the contrary
contained in this instrument, each Owner shall be liable and responsible for the
obligations, covenants, agreements and responsibilities created by this Agreement
and for any judgment rendered hereon only to the extent of its respective interest in
the land and improvements on the Defaulting Owner's Parcel.
ARTICLE X - NOTICES
Section 10.01. Any notice, report or demand required, permitted or
desired to be given under this Agreement shall be in writing and shall be deemed to
have been sufficiently given or served for all purposes if it is mailed by registered or
certified mail, return receipt requested, or guaranteed overnight delivery service as
the respective parties may from time to time designate by like notice, on the third
business day following the date of such mailing:
If to Regency:
Regency Oaks, LLC
clo SHP Senior Housing Fund, LLC
630 Fifth Avenue, 29th Floor
New York, NY 10111
Attn: Craig E. Anderson
With a copy to:
Holland & Knight LLP
315 South Calhoun Street
Suite 600
Tallahassee FL 32301
Attn: Morris H. Miller
If to Sylvan:
Sylvan Health Properties, LLC
18167 US 19 N., Suite 660
Clearwater, FL 33764
Attn: Neil Ezell
With a copy to:
Joan M. Vecchioli, Esq.
911 Chestnut St.
Clearwater, FL 33756
18
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.
PINELLAS COUNTY rLA,
Orr,REC,8K 12517 PG 2068
ARTICLE XI - MISCELLANEOUS
Section 11.01.
(a) If any provision of this Agreement, or portion thereof, or the application
thereof to any person or circumstances, shall, to any extent be held invalid,
inoperative or unenforceable, the remainder of this Agreement, or the application of
such provision or portion thereof to any other persons or circumstances, shall not be
affected thereby; it shall not be deemed that any such invalid provision affects the
consideration for this Agreement; and each provision of this Agreement shall be valid
and enforceable to the fullest extent permitted by law.
(b) This Agreement shall be construed in accordance with the laws of the
State of Florida.
(c) The Article headings in this Agreement are for convenience only, shall
in no way define or limit the scope or content of this Agreement, and shall not be
considered in any construction or interpretation of this Agreement or any part hereof.
(d) Nothing in this Agreement shall be construed to make the parties hereto
partners or joint venturers or render either of said parties liable for the debts or
obligations of the other.
. (e) This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto.
(f) This Agreement may be amended, modified, or terminated at any time
by a declaration in writing, executed and acknowledged by all the parties to the
Agreement or their successors or assigns; this Agreement shall not be otherwise
amended, modified or terminated during the term hereof.
(g) Time is of the essence of this Agreement and every provision hereof.
(h) In any action brought to enforce the terms hereof, venue shall lie solely
in Pinellas County, Florida.
(i) Each Owner shall at any time upon not less than ten (10) days' prior
written notice from another Owner execute, acknowiedge and deliver to the
requesting Owner and/or any lender or purchaser designated by such Owner a
statement in writing (i) certifying that this Agreement is unmodified and in full force
and effect (or, if modified, stating the nature of such modification and certifying that
this Agreement, as so modified, is in full force and effect) and the date to which any
contributions or assessments are paid, if applicable, and (ii) acknowledging that
there are not, to Owner's knowledge, any uncured defaults on the part of any Owner
hereunder, or specifying such defauits if any are claimed. Any such statement may
be conclusively relied upon by any purchaser or encumbrancer of the Parcels.
19
.
. PINELLAS COUNTY FLA
OFF,REC,8K 12517 PG 2070
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the day and year first above written.
WITNESSES:
REGENCY OAKS, LLC,
a Delaware limited liability company
By: SHP SENIOR HOUSING
FUND, LLC, a Delaware limited
liability company, its Manager
By: SHP ASSET
MANAGEMENT, LLC,
a Delaware limited liability
company, its Manager
~'?Q] 0
P~~~. ?Jl>~,ro I b
Print: \>:><.:> ~ '" i f .~( 0---
SYLVAN HEALTH PROPERTIES, LLC,
a Delaware limited liability company
By: CLEARWATER LAND COMPANY,
a Florida corporation,
its Managing Member
. ~L~ ~~-/.
Int: c~~
~ . ( .~
Print: ~t b" I\...\. ( /t----
By:~--2--
R. KELL Y JOHNSON,
its President
20
.
.
STATE OF FLORIDA )
COUNTY OF PINELLAS )
PIN~LLAS COUNTY rLA.
Orr.R~C.8K 12517 PG 2071
Subscribed and sworn to before me by CRAIG E. ANDERSON, as Manager of
SHP ASSET MANAGEMENT, LLC, a Delaware limited liability company, as Manager of
SHP SENIOR HOUSING FUND, LLC, a Delaware limited liability company, as Manager
of REGENCY O~JSSJ.kC, a Delaware' ited liability company, who, is personally
known to me; or Erhas produced (, v. . \" ~ '- ~
(type of identification), who personally appeared before me this ~. day of
1= ~ \o~ U~({4 ,2003. '- D ~ b\
~~~~
(Signature of Notary Public)
~lr--v\lt ~, :Q(i:b
(Type, Print or Stamp
Commissioned Name of Notary Public)
Date of Expiration and Number
of Commission:
",IU"" BO'
,~:"......y.~. NNIE L RICH
f*/,IA\~ MY COMMISSiON # DO 063493
~'~~?f EXPIRES: October 19, 2005
....'~'~f.ln.~.... BoodecJ Thru Notary PUblic Underwriters
STATE OF FLORIDA
)
COUNTY OF PINELLAS )
Subscribed and sworn to before me by R. KELLEY JOHNSON, as President of
CLEARWATER LAND COMPANY, a Florida corporation, as Managing Member of
SYLVAN HEALTH PROPERTIES, LLC, a Delaware limited liability company, who, [;}ts--..
personally known to me; or D has produced
- (type of identification), who personally
appeared before me this ~ay of \- t ~V-\Jd ,,2003.
\J c:~i--
~Of Notary Public)
~(J h r'\ \ \. '-~~~
(Type, Print or Stamp
Commissioned Name of Notary Public)
Date of Expiration and Number
of Commi ;)IVJ!J'~'"
,1;.'{f'.,,:p.'ft.'< BONNIE L. RrCH
~': \'Q' :*~ MY COMMISSION # DO 063493
~.i;,~~%< EXPIRES: October 19, 2005
;.f,,9fll~"" Bonded Thru NOlary PublIC Underwritors
21
EXHIBITS:
Exhibit "A"
Exhibit "B"
Exhibit "C" -
Exhibit "D" -
Exhibit "E"
Exhibit "F"
.
.
PINELLAS COUNTY ~LA
O~~.REC.8K 12517 PG 2072
Legal Description Regency Parcel
Legal Description Sylvan Parcel
Legal Description Roadway Access Easement
Legal Description Drainage Easement Dry detention ponds
Legal Description Irrigation Compounds
Legal Description Trash Compactor and Access Route
22
.
. PINELLAS COUNTY rLA.
Orr.REC.8K 12517 PG 2073
CONSENT, JOINDER AND SUBORDINATION OF MORTGAGEE
The undersigned holder of that certain Mortgage described on Schedule "1,"
attached hereto and made a part hereof (collectively, the "Mortgage"), has executed
this document to consent to, join in, subject and subordinate all of its interest under
the Mortgage to the easements, rights, covenants and servitudes granted under the
foregoing instrument.
WITNESSES:
LENDER:
BANK OF AMERICA, N.A.,
a national banking association
By:
---~ CQ
STEVEN H. COHN,
Senior Vice President
)
COUNTY OF PINELLAS )
STATE OF FLORIDA
CohJ1
The foregoing instrument was acknowledged before me by STEVEN H. .cOII[J~,
as Senior Vice President of BANK OF AMERICA, t'-LA., a national banking association,
who, ~ is personally known to me; or D has produced
(tYFe of identification), who personally appeared before me this 31st- day of
J fJ..t1.v..o...rj , 2003, on behalf of the bank.
(Sig~a~~~"r.~~onT;=309
~'!1\.A.i~.: Expires Atril 16,2004
~:::~'''''''~$ Boncicd Thru
_. ""~~,~",, A":mti~ Rnnding Co, Inc.
(Type. Print or Stamp
Commissioned Name of Notary Public)
Date of Expiration and Number
of Commission:
1/30i2003i:10PM d-i4
10098.103513
#283699 v1 - REA re Regency Oaks and Sylvan Health
23
.
.
SCHEDULE 1
PIN~~~R8SK ~~~~~Ypri~~674
aF'F'.R~C,
Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation
(Ground Lessor) to FIRST FLORIDA BANK, N.A., dated May 31: 1990 and
recorded June 1, 1990 in Official Records Book 7291, page 1, in the original
principal amount of $25,000,000.00, which has been modified by Subordination,
Modification and Estoppel Agreement recorded in Official Records Book 7291,
page 82, said mortgage has been assigned to XEROX CREDIT
CORPORATION, a Delaware corporation by Assignment of Recorded Loan
Documents recorded January 9, 1992 in Official Records Book 7781, page 1739
and Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation
(Ground Lessor) to XEROX CREDIT CORPORATION, a Delaware corporation,
dated May 31, 1990 and recorded June 1, 1990 in Official Records Book 7291,
page 108, in the original principal amount of $2,500,000.00. Said mortgages
have been assigned to BARNETT BANK, N.A., a National Banking Association,
successor by merger to BARNETT BANK OF PINELLAS COUNTY, by
Assignment of Notes, Mortgages and Loan Documents recorded January 10,
1997 in Official Records Book 9578, page 225, and further amended and
consolidated by Modification to Mortgage and Security Agreement recorded
January 10, 1997 in Official Records Book 9578, page 237, and by Future
Advance, Consolidation And Mortgage Modification Agreement recorded October
28, 1998 in Official Records Book 10285, page 842, as further amended by
Mortgage Modification and Spreader Agreement recorded January 6, 1999 in
Official Records Book 10363, page 1474, and as amended by ASSUMPTION,
FUTURE ADVANCE AND MORTGAGE MODIFICATION AGREEMENT
recorded simultaneously herewith.
#284814 v1 - Johnson/EzeIVRegency/REAlSch/l
.
.
EXHIBIT "A"
LEGAL DESCRIPTION REGENCY PARCEL
PINELLAS COUNTY FLA.
OFF.REC.8K 12517 PG 2075
TRACT A:
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range
16 East, PinellasCounty, Florida and being more particularly described as follows:
COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5:
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4
of said Section 5, for 33.00 feet to the POINT OF BEGINNING; thence continue N. 89 degrees 39'
20" W., along said South line and along the Northerly boundary lines of ROBINWOOD
SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDmON and THE ELKS, as recorded in Plat
Book 52, page 99, Plat Book 61, page 38 and Plat Book 95, page 90, respectively, of the Public
Records bf Pinellas County, Florida, for 1311.05 feet to the Northwest corner of aforesaid plat of
THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 1336.20 feet to the Southwest corner of the plat of LAKE
CHAUTAUQUA ESTATES, as recorded in Plat Book 90, page 22, of the Public Records of Pinellas
County, Florida; thence S. 89 degrees 42' 36" E., along the North line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5 (being the basis of bearings of this description), same also being
the South boundary line of aforesaid LAKE CHAUTAUQUA ESTATES, for 630.00 feet to the point Of
intersection with the Westerly right-of-way line of 2ND STREET EAST; thence S. 00 degrees 02' 32"
W., along said Westerly right-of-way line, for 30.00 feet; thence S. 89 degrees 42' 36" E., along
the south right-of-way line of 2ND STREET EAST, and along a line 30.00 feet South of and parallel
to the North line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 670.63 feet to
the West right-of-way line of Soule Road; thence S. 00 degrees 22' 34" W., along a said West line
and along a line 33.00 feet West of and parallel to the East line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 1307.39 feet to the POINT OF BEGINNING.
LESS AND EXCEPT THEREFROM THE FOLLOWING (TO BE KNOWN AS TRACT B):
COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5;
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4
of said Section 5, also being the northerly boundary lines of ROBINWOOD
SUBDIVISION,ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat
Book 52, page 99, Plat Book 61, page 38 and Plat Book 95, page 90, respectively, of the Public
Records of Pinellas County, Florida, for 1015.80 feet to the POINT OF BEGINNING; thence
continue along said line N. 89 degrees 39' 20" W., for 328.25 feet to the Northwest corner of
aforesaid plat of THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast
1/4 of the Northwest 1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22' 44" E., for
392.31 feet; thence N 07 degrees 57' 17" E, for 29.55 feet; thence S. 42 degrees 51' 57" E, for
-- 57.73 feet; thence S. 34 degrees 36' 08" E., for 119.85 feet; thence S. 44 degrees 35' 25" E., for
107.76 feet; thence S. 33 degrees 40' 06" E., for 80.61 feet; thence S. 44 degrees 16' 55" E., for
158.55 feet; thence S. 28 degrees 42' 43" E., for 45.96 feet; thence S. 14 degrees 10' 34" E., for
82.48 feet; thence S. 63 degrees 33' 50" W., for 19.88 feet; thence N. 29 degrees 31' 38" W., for
78.31 feet; thence 5.47 degrees 45' 44" W., for 328.30 feet to the POINT OF BEGINNING.
,.
.
.
EXHIBIT "S"
LEGAL DESCRIPTION SYLVAN PARCEL
PIN~LLAS COUNTY rLA.
Orr.R~C.8K 12517 PO 2076
TRACT B:
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range
16 East, Pinellas County, Florida and being further described as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 said Section 5;
thence N. 89 degrees 39'20"W., along the South line of the Northeast 1/4 ofthe Northwest 1/4 of
said Section 5, also being the northerly boundary lines of ROBINWOOD SUBDIVISION,
ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat Book 52, page
99, Plat Book 61, page 38, and Plat Book 95, Page 90, respectively, of the Public Records of
Pinellas County, Florida, for 1015.80 feet to the Point of Beginning: thence continue along said
line N. 89 degrees 39'20"W., for 328.25 feet to the Northwest corner of aforesaid plat of THE
ELKS; thence N. 00 degrees 48'56"E., along the West line of the Northeast 1/4 of the Northwest
1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22'44"E., for 392.31 feet; thence N.
07 degrees 57'17"E., for 29.55 feet; thence 5.42 degrees 51'17"E., for 57.73 feet; thence S. 34
degrees 36'08"E., for 119.85 feet; thence S. 44 degrees 35'25"E., for 107.76 feet; thence S. 33
degrees 40'06"E., for 80.61 feet; thence S. 44 degrees 16'55"E., for 158.55 feet; thence S. 28
degrees 42'43"E., for 45.96 feet; thence S. 14 degrees 10'34"E., for 82.48 feet; thence S. 63
degrees 33'50"W., for 19.88 feet; thence N. 29 degrees 31'38"W., for 78.31 feet; thence S. 47
degrees 45'44"W., for 328.30 feet to the Point of Beginning.
., -
.
.
t,
PINELLAS COUNTY FLA,
OFF.REC.8K 12517 PG 2077
EXHIBIT "e"
ROADWAY ACCESS EASEMENT
LEGAL DESCRIPTION
Property Description: Access Easement
A thirty (30) foot wide strip of land lying within the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida and being that property lying 15 feet on each side of the following described
centerlines:
Commence at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence N89039'20"W along the
South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 33.00 feet to the West right-of-way line of Soule
Road; thence N00"22'34"Ealong said West line and along a line 33.00 feet west of and parallel with the East line of the
Northeast 1/4 of the Northwest 1/4 of said Section 5, for 503.14 feet to a point hereinafter referred to as Point "A"; thence
continue along said West line and said parallel line N00"22'34"E, for 60.68 feet to POrNT OF BEGINNING #1, with the
sidelines of this portion of the easement being lengthened or shortened in order to terminate at their intersection with said line;
thence S86003'31 lOW, for 36.23 feet; thence S69015'37"W, for 82.48 feet; thence S88"28'02"W, for I 00.97 feet to a point on the
easterly edge of the portion of this access easement which is described below and being the POrNT OF TERMINATION #2,
with the sidelines of this portion of the easement being lengthened or shortened in order to terminate at their intersection with
said e~terly edge which bears $02004'29"W:
ALONG WITH:
BEGIN at the previously referenced and described Point "A" which will also hereinafter be referred to as POINT OF
BEGINNING #2, with the sidelines ofthis portion of the easement being lengthened or shortened in order to terminate at their
intersection with said West right-of-way line and said parallel line ; thence S77046'24"W, for 34.56 feet; thence S69"29'42"W,
fat 63.03 feet; thence S85056'15"W, for 138.72 feet to a point hereinafter referred to as Point "B"; thence S02004'29"W, for
15.72 feet; thence S09000'51 "E, for 96.17 feet; thence S05048'28"E, for 69.51 feet; thcnce S 13"24'52"W, for 65.32 feet; thence
S30016'48"W, for 55.84 feet; thence S46049'35"W, for 59.77 feet; thence S65044'41 "W, for 69.91 feet; thence S85008'35"W,
for 65.08 feet; thence N79002'42"W, for 211.26 feet; thence N50053'50"W, for 50.31 feet; thence along lines being 15.00 feet
northeasterly of and parallel with the northeasterly boundary lines of Tract B the following seven (7) courses; (I) thence
N 140I0'34"W, for 86.39 feet; (2) thence N28042'43"W, for 49.92 feet; (3)thence N44016'55"W, for 159.21 feet; (4) thence
N33040'06"W, for 80.65 feet; (5) thence N44OJ5'25"W, for 107.88 feet; (6) thence N34036'08"W, for 119.62 feet; (7) thence
N4205I'57"W, for 60.81 feet; thence N61 000'20"W, for 29.35 feet; thence N43010'34"W, for 50.87 feet; thence N34041 '57"W,
for 31.18 feet; thence N25017'1 O"W, for 37.97 feet; thence N09046'06"W, for 66.78 feet; thence N20"23'34"E, for 69.42 feet;
thence N39"25'04"E, for 49.94 feet; thence N35"38'50"E, for 31.31 feet; thence N20"2I'57"E, for 57.48 feet; thence
Nil 008'II"E, for 66.06 feet; thence N20045'51"E, for 66.68 feet; thence N38004'30"E, for 51.73 feet; thence N57031'53 "E, for
69.61 feet; thence N77OJ5'12"E, for 64.57 feet; thence N89003'51 "E, for 71.63 feet; thence S84005'59"E, for 73.06 feet; thence
S79008'39"E, for 84.37 feet to a point hereinafter referred to as Point "C"; thence S78002'44"E, for 224.93 feet; thence
S62003'02"E, for 71.82 fcet; thence S36"23'52"E, for 69.16 feet; thence SI2057'37"E, for 62.65 fcet; thence S04050'36"E, for
77.11 feet; thence S23000'0 I "E, for 88.40 feet; thence S23016'53"E, for 137.33 feet; thence S08043'55"E, for 71.51 feet;
thence S08050'09"W, for 129.83 feet; thence S02004'29"W, for 110.41 feet to the previously referenced and described Point
"B" also being the POINT OF TERIvlrNA TI0N #2.
ALONG WITH:
BEGrN at the previously referenced and described Point "C" which will also hereinafter be referred to as POINT OF
i BEGrNNING #3; thence NOo047'03"E, for 56.13 feet to a point on the South right-of-way line of 2nd Street East and the
POINT OF TERMINATION #3 with the sidelines of the easement area being lengthened or shortened to terminate at their
intersection with said right-of.way line, (and it's westerly extension), which bears N89042'36"W.
.
EXHIBIT "C"
SKETCH
P.O.T.3
2nd STREET EAST
....-......-~~::-.-----:::-:::::-....._~. t
,,,-;,-.. .-;:....---------.:.:.-.:J.... -"---......
/./',~_'- . ---...~.:::.:------
/~;/ POINT C & P.O.B. 3 --<::.:.:::.::::::::::~~
'I' . '_",
! / / -":\"
/,,' ",,\\
1(' '\ \
' I ,. t
' I . \'
,., , \
'J: I I
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'" t 4
;/;, : \ '\\ Access Easement
' I \ "
/ / \)f:. (Typ.)
" ~. " \ . \
" 1/ \\ \
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' , \. \
1 ~ \\\
\ \ . \\ \
'. \\ \ '11
\ ~, Tract A \ . I
""", . III
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,~ " : J : "
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. \", :f: O.
. A. '\.\, i {i "Q, . ,,__~.
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~ \. '\, , i L._______- .- _---
....~ . '. ", : . _.-:........
~ '-"', ! i r------- _-y~
"'<P,> '<~\ POINT B & P.O.T 2 lfr:==-=y-
~.~. \\ \ . \ c' .
.'-1. '<. J... \. ',' I I . (:, v
C), -&' '."" f:<-\, . C"\ 5
-<P 9.?^~'\', \ . \ 1S ~,....
-<'V^ "'" \ \ \ ~ \I.1 ci..
. "{.J ',", I . 1 0.. U') >-
~.to,"";\\\ !I! e ~b
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, iI' 0
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i\ .III
~"'" /~I
..,>.:::.:::.:--...---- '-. ....."""::./,/
. ~----~::::~2:=:::~::::"'~
Tract B
.
COUNTY F'LA.
PINELLAS 12517 PG 2078
OF'F' .REC,8K
~
~
~
~
~
o
P:::
CJ,.)
~
;::l
o
. tI)
P.O.B.l
POINT "A" & P.O.B. 2
SOUTH LINE OF NE1/4 OF NW 1/4 SEC 5
PO C - Point of Commencement
P:O:8: - PoInt of 8eginnlng
P.O.T, = Point of Termination
U
t.L1W
~~
~;::;
f-<~
~Z
t.L1::t
.......
V'l
NOT TO
SCALE
t.L1
Z
r.o.c.
SE CORNER OF NE 1/4
OF NW 1/4 SEC.S
.
.
PINELLAS COUNTY rLA
Orr.RtC.8K 12517 PG 2078
EXHIBIT "b"
DRAINAGE EASEMENT DETENTION PONDS
LEGAL DESCRIPTION
PROPERTY DESCRIPTION: Dry Detention Pond 10
A parcel ofland lying within the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida and being further described as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence
N89039'20"W along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 702.40
feet. thence NOoo20'40"E, for 615.09 feet to the POINT OF BEGINNING; thence N89048'29"W, for
, .
280.70 feet; thence N35007'42"W, for 63.31 feet; thence N40047'22''E, for64.30 feet; thence
S88019'OI"E, for 76.67 feet; thence S89056'07"E, for 93.17 feet; thence N58034'15"E, for 81.54 feet;
thence S73047'19"E, for 18.58 feet; thence S34006'57"E, for 17.80 feet; thence SI6040'28"E, for 27.58
feet; thence SOooOO'OI"W, for 95.21 feet to the POINT OF BEGINNING, and containing 0.74 acres, more
or less (32,041 square feet, more or less).
PROPERTY DESCRIPTION: Dry Detention Pond 20
Being a portion of the Northeast ~ ofthe Northwest ..~ of Section 5, Township 29 South, Range 16 East,
Pinellas County, Florida and being further described as follows:
COMMENCE at the Southeast corner of the Northeast ~ of the Northwest 14 of said Section 5; thence
N89039'20"W along the South line of the Northeast ~ of the Northwest ~ of said Section 5 and along the
Northerly boundary lines of ROBIN WOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, of the Public Records of Pin ell as County, Florida, for 1344.05 feet to the
Northwest corner of aforesaid plat of THE ELKS; thence NOoo48'56"E along the West line of the
Northeast ~ ofthe Northwest ~ of said Section 5, for 537.55 feet to the POINT OF BEGINNING; thence
continue along said West line NOoo48'56"E, for 494.96 feet; thence S65058'47"E, for 119.45 feet; thence
S71012'32"E, for 28.25 feet; thence S21 o33'05"E, for 30.37 feet; thence S25016'12"W, for 34.28 feet;
thence S12054'13"W, for 66.35 feet; thence SI4020'16"E, for 68.94 feet; thence S30003'56"E, for 71.13
feet; thence S42050'55"E, for 88.95 feet; thence S 11 o22'34"W, for 11.86 feet; thence S37040'31"W, for
254.41 feet; thence N40036'25''W, for 122.87 feet to the POINT OF BEGINNING, and containingl.90
acres, more or less (82,736 square feet, more or less).
.
.
PINELLAS COUNTY rLA
Orr,REC,8K 12517 PG 2080
EXHIBIT "0"
DRAINAGE EASEMENT DETENTION PONDS
LEGAL DESCRIPTION
PROPERTY DESCRIPTION: Dry Detention Pond 30
Being a portion of the Northeast Y4 of the Northwest Y4ofSection 5, Township 29 South, Range 16 East,
Pinellas County, Florida and being further described as follows:
CO:NnvfENCE at the Southeast comer of the Northeast Y4 of the Northwest Y4 of said Section 5; thence
N89039'20"W along the South line of the Northeast Y4 of the Northwest 14 of said Section 5, for 99.01
feet to the POINT OF BEGINNING; thence continue N89039'20"W along said South line and along the
Northerly boundary lines of ROBIN WOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, of the Public Records of Pin ell as County, Florida, for 702.69 feet; thence
N42044'18,iW, for 144.88 feet; thenceN47045'44"E, for 171.52 feet; thence S28023'42"E, for 75.33 feet;
thence S42056'39"E, for 47.57 feet; thence S77031'09"E, for 107.55 feet; thence S81005'26"E, for 113.96
f~et; thence S83024'47"E, for 47.22 feet; thence N80034'31 liE, for 79.00 feet; thence N60054'08''E, for
68.33 feet; thence N41 o39'42"E, for 69.69 feet; thence N23050'42"E, for 70.50 feet; thence N04048'07"E,
for 70.49 feet; thence NIoo06'03"W, for 66.04 feet; thence NIoo05'55"W, for 59.04 feet; thence
S81028'18"E, for 77.94 feet; thence S85013'40"E, for 103.27 feet; thence SOo050'32"W, for 171.35 feet;
thence SOoo22'25"W, for 208.86 feet; thence S42021 '42"W, for 46.39 feet to the POINT OF
BEGINNING, and containing 3.35 acres, more or less (145,964 square feet, more or less).
.
EXHIBIT "0"
SKETCH
. . .. . \;OP;F~~~!
. . . DRY DETENTION POND 10' ".
PINELLA~UNTY ~LA
O~~.REC,8K 12517 PG 2081
1" = 60'
P.O.B.
P.O.C.
SOUTH LINE OF NE 1/4 OF NW 1/4 SEC.S
SOUTH PROPERTY LINE
P.O.C. - Point of Commencement
P.O.B. - Point of Beginning
JCl8 NO. 1031
THIS IS NOT A SUR\'8'
DATE CALCULATED DRA~
, 1 /19/02 t.lL/..B IoIL/ J8
CHEa<ED ITEIoI
JS Sl<ETCH
ZARRA BOYD, INC.
Engineering, SUrWl)'fng end Plennlng
1480 Beltrees, Dunedin, Florida 34698
(727)738-9010 Fax: (727)73.3-0083
LB 6-\.72
SE CORNER OF NE 1/4
OFNW 1/4 SEC.S
DRY DETENTION POND 10
REGENCY OAKS
P.O.B.
SOUTH LINE OF NE 1/4 OF N
PINELLAS COUNTY FLA
OFF.REC411 12517 PG 2082
EXHIBIT "0"
SKETCH
lIj
cj
t.t.:l
CZl
~
-
1.- 200'
~
Z
c.r...
o
~
~
c.r...
o
~
::J
f-.
CZl
~
"~'.
. ~ DRY DETENTION
. al.'..' POND 20
c.r...
o.
Q..,'
.0
r-.
t.t.:l
~
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>-
r-.
~
t.t.:l
Q..,
o
~
Q..,
f-.
C/)
~
SOUTH PROPERTY LINE
P.O.e.
Northerly boundary lines of ROI3lNWOOD SUBDIVISION,
ROI31NWOOD SUBDIVISION fIRST ADDITION and THE ELKS, as recorded in Plat Book
52, page 99. PIal Book 61, page 38 and Plat 1300k 95, page 90, respectively, oflhc Publie
Rccords of PindI:lS COWlly, Floriu:!
SE CORNER OF NE 1/4
OF NW 1/4 SEe. 5
JOB NO. 1Q.31
THIS IS NOT ^ SURVEY
OATE CAl..O.JLATED DRA~
11/19/02 WL/JB loILj.J3
CHECKED ITElA
.J3 Sl<ETDi
ZARRA BOYD, INC.
P.O.C. - Point of Commcncemcnt
P.O.B. - Point of Beginning
Engineering, Sur\le')'ing and Planning
1~ Bcltrees. Dunedin. Florida 3<'t6S8
(727)738-S010 Fax: (727)73.3-008J
L.B 6-\.72
DRY DETENTION POND 20
REGENCY OAKS
.
PINELLAS C~y FLA.
OFF.REC.8K 12517 PG 2083
EXHIBIT "0"
SKETCH
1"- 120'
,
...
\
''''''''''''
DRY DETENTION
POND 30
I~ "
'\ '
'__/ loP or
. . ""'" (TYP".~:
Northerly bounuary lillcs of R0131NWOOD SU13DIYlSlON
ROIJINWOOD SU13DIYISION FIRST ADDITION uno THE ELKS as record d' '1'1' t 13 k
52 pa 99 Plat 13 k G I J ' e Ul i1 00
' ge '. uo ,page ~ allul'lat Uook 95, page 90, respectively of the l'ubl.i
Rl:l:onls.ofI'lJ1l:lI:ls CuullLy, Flurio", ,e
SOUTH LINE OF NE 1/4 OF NW 1/4 SEC.S
SOUTH PROPERTY LIl"E
P.O.C. - Point of Commencement
P.O.B. - Point of Beginning
JOB NO. 1031
THIS IS NOT A SUR\€,(
DATE CAL.O.Jl.AlED DRA\I,N
11/19/02 lotL/.E lotL/.E
OiEcxm
JB
lTEl.I
SKETOl
ZARRA BOYD, INC.
Englneer1ng, Surveylng and PICIlnlng
1.1,80 Beltroea, Dunedin. Florida J.4698
(727)738-901 0 f OlC (727)733-0083
DRY DETENTION POND 30
REGENCY OAKS
LB 5">72
.\
.\
';:~
P.O.C.
"<l'
--
tLl
;Z:v->
l:....cj
OtLl
c::::CIJ
UJ~
:z:=::
0:::3;:
8:z
r., l:.....
CIlO
.
e
EXHIBIT "E"
IRRIGATION COMPOUNDS
LEGAL DESCRIPTION
PINELLAS COUNTY ~LA,
0~~.REC.8K 12517 PG 2084
Property Description: North Irrigation Compound
A parcel ofland lying within the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida and being further described as follows:
Commence at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence
N89039120"W along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 646.12
feet; thence NOoo20'40"E, for 1257.09 feet to a point on the northerly edge of the thirty foot wide access
easement and the POINT OF BEGINNING; thence along said easement edge the following two (2)
courses; (1) thence N78002'44I1W, for 28.63 feet; (2) thence NOoo47'03"E, for 43.94 feet to the South
right-of-way line of 2nd Street East; thence along said right-of-way line S89042'3611E, for 34.76 feet;
thence S08025'44I1W, for 50.23 feet to the POINT OF BEGINNING and containing 1,481 square feet,
more or less.
Property Description: South Irrigation Compound
A parcel ofland lying within the Northeast 1/4 ofthe Northwest 1/4 of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida and being further described as follows:
Commence at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence
N89039'20"W along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 617.09
feet; thence NOoo20'40"E, for 73.45 feet to the POINT OF BEGINNING; thence N79052'04"W, for 32.71
feet; thence N61 o15'20"W, for 36.81 feet; thence N59023'4911W, for 36.64 feet; thence N30030'40''E, for
31.30 feet to a point on the southerly edge of the thirty foot wide access easement; thence along said
easement edge the following two (2) courses; (l) thence S50053'50''E, for 36.03 feet; (2) thence
S79002'42"E, for 60.51 feet; thence leaving said southerly edge S 11 o45'23"W, for 35.59 feet to the POINT
OF BEGINNING and containing 3,185 square feet, more or less.
PINELLAIIIoUNTY FLA.
OFF.REC.8~2517 PG 2085
EXHIBIT "E"
SKETCH
2nd STREET EAST
"
R/W LINE
," = 60'
.{~ .,
'1'
1 t-< ''''
;"7 .'
-~ ., "".../."
J ~,.....I f;~.:/i~-
, lJ..l"'; "c- ',.. .
/ en......: '
<C @ \; . r.O.B.
lJ..l::;:>- __
en _ -
~ ~ A.CCESS E
~ '-./ (30' W/~~~MENT
SOUTH LINE OF NE 1/4 OF NW 1/4 SEC.S
SOUTH PROPERTY LINE
r.o.c.
SE CORNER OF NE 1/4
OF NW 1/4 SEC. S
P.O.C. - Point of Commencement
P.O.B. - Point of BegInning
JC8 NO. 1031
"THIS IS NOT A SURVEY
DATE CALCULATED DRA'WN CHED<ED ITnl
"1'9/02 YL/.E YL/JB .E Sl<ETa-t
ZARRA BOYD, INC.
ill 6~72
Engineering. Sunoe~ng and Plonnlng
14BO Beltrees, DunedIn, Florida 3~9B
(727)738-9010 Fax: (727)733-0083
NORTH IRRIGATION COMPOUND
REGENCY OAKS
.
PINE.S COUNTY FLA,
OFF.RE" K 12517 PG 2088
I
I
I~
SKETCH
EXHIBIT "E"
1" = 60'
'"
ACCESS EAS
(30' WInE~lv1ENT
;".~ ..:-- --- --
. -'
'.. ~..,
. "J:" .,.....
.,
, ,
POND
P.O.C.
SOUTH LINE OF NE 1[4 OF NW 1/4 SEe.5 SOUTH PROPERTY LINE
SE 'CORNER OF NE 1/4
OF NW 1/4 SEC. 5
JOB NO. 1OJ1
lHlS IS NOT ^ SUR~
DATE CALaJLA TED ORA Y<N OiECl(ED 11Bi
11/19/02 loIl/..El
Ul/..El
..El
SKETCH
P.O.C. - Point a/Commencement
P.O.B. - Point of Beginning
ZARRA BOYD,- INC.
LB 6"'-72
Engineering, Surwying and Planning
1~ Bduces, Dunedin, Florida 3-<<i9B
(727)738-9010 Fax: (727)733--008:3
SOUTH IRRIGATION COMPOUND
REGENCY OAKS
.
.
PINELLAS COUNTY FLA.
OFF.REC.8K 12517 PG 2087
EXHIBIT "Fit
TRASH COMPACTOR AND ACCESS ROUTE EASEMENT
LEGAL DESCRIPTION
Property Description: Trash Compactor Area & Access Route
A tract ofland lying within the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South,
Range 16 East, Pinellas County, Florida and being further described as follows:
Commence at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence
N89039'20"W along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for
1002.61 feet; thence NOoo20'40"E, for 1260.19 feet to a point on the northwesterly edge of the thirty foot
wide access easement and the POINT OF BEGINNING; thence S57031'53"W along said northwesterly
edge, for 42.87 feet; thence leaving said northwesterly edge N67042'12"W, for 140.30 feet; thence
S58056'26"W, for 44.69 feet; thence S32004'38"W, for 22.37 feet; thence S16009'25"W, for 20.84 feet;
thence S82025'36"E, for 21.25 feet; thence S06030'43"W, for 47.53 feet; thence N82011'Ol"W, for 51.91
feet; thence N070l2'45"E, for 47.07 feet; thence S82031'06"E, for 6.37 feet; thence N21048'05"W, for
17.61 feet; thence N50034'17"W, for 11.87 feet; thence N59001 '29"W, for 42.75 feet; thence N30056'04''E,
for 26.83 feet; thence S63007'00"E, for 41.05 feet; thence N82022'OO"E, for 22.51 feet; thence
N58033'26"E, for 38.97 feet; thence N70053'32''E, for 26.12 feet; thence S87020'37"E, for 39.05 feet;
thence S68006'40"E, for 138.14 feet to the POINT OF BEGINNING, and containing 12,275 square feet,
more or less.
I .
.OUNTY F'Lfi.
PINELLfi 12517 PG 2088
OF'F',REC.8
EXHIBIT "F"
SKETCH
TRASH COMPACTOR AREA
& ACCESS ROUTE
NORTH BOUNDARY LINE
OF OVERALL PROJECT
60'
1" =
~~~
~ .
: :~...
Vl
'.,u
tJ.:l
CIJ
'. '<:r
--
.....
~
Z
tI..
o
:s
If/:' '//'.
.,-' .' /.J/
I ?
I / I'
/ '
,,:It!. /1
/,' '. .
~
~
~
.....l
E-<
CIJ
~
SOUTH PROPERTY UNE
P.O.C.
OF NE l/4 OF NW 1/4 SEC.5
SOUTH LINE
SE CORNER OF NE 1/4
OF NW 1/4 SEe. 5
JOB NO. 1OJ1
DATE CALO.JLA TED
11/19/0.2 IoIL/.B
1HIS IS NOT A SUR\f:Y
ORA 'Mol a-i ECl<ED
ITBA
IoIL/.E
.E
SKETCH
P . t of Commencoment
P 0 C - Oln . . 9
. .. p' t of Boglnnln
P.G.B. - oln
L8 M72
ZARRA BOYD, I~C.
SlJrve 'n9 and PlonnJng
Engineenng, ~Il'l Florida ~98
1J,8Q Be!trees, OU~ . ('727)73.1-0083
(727)738-9010 ox:
COMPACTOR & ACCESS ROUTE
TRASH REGENCY OAKS
. ,
< '
~
.
~NELLAS COUNTY FLA,
OFF,REC,8K 12517 PG 2088
TRUSTEE'S CONFIRMATION
OF
RECIPROCAL EASEMENT. COMMON USAGE AND
OPERATION AGREEMENT
THIS TRUSTEE'S CONFIRMATION OF RECIPROCAL EASEMENT,
COMMON USAGE AND OPERATION AGREEMENT (this "Confirmation") is given
as of January 31,2003, by SUNTRUST BANK, a Georgia banking corporation (the
"Trustee"), as Trustee, in favor of REGENCY OAKS, LLC, a Delaware limited
liability company (the "Company").
KNOW ALL MEN BY THESE PRESENTS THAT:
1.
of Trust:
The Trustee is serving in such capacity under the following Indentures
(a) Indenture of Trust dated as of November 30, 1991 by and
between Clearwater Land Company, a Florida corporation, and the Trustee (the
original named Trustee was Sun Bank, National Association, which now is
SunTrust Bank) (the "1991 Original Indenture"), as supplemented by the First
Supplemental Indenture of Trust dated as of January 31, 2003 (the "1991 First
Supplement") between Regency Oaks, LLC, a Delaware limited liability company,
and the Trustee, under which it was acknowledged that Regency Oaks, LLC had by
purchase succeeded to the rights and obligations of Clearwater Land Company
under the 1991 Original Indenture. The 1991 Original Indenture as amended by
the 1991 First Supplement is referred to herein as the "1991 Indenture."
(b) Indenture of Trust dated as of December 6, 1995 by and between
Clearwater Land Company, a Florida corporation, and the Trustee (the original
named Trustee was Sun Bank, National Association, which now is SunTrust Bank)
(the "Phase I Original Indenture"), as supplemented by the First Supplemental
Indenture of Trust dated as of January 31, 2003 (the "Phase I First Supplement")
between Regency Oaks, LLC, a Delaware limited liability company, and the
Trustee, under which it was acknowledged that Regency Oaks, LLC had by
purchase succeeded to the rights and obligations of Clearwater Land Company
under the Phase I Original Indenture. The Phase I Original Indenture as amended
by the Phase I First Supplement is referred to herein as the "Phase I Indenture."
(c) Amended and Restated Indenture of Trust dated as of December
6, 1995 by and between Clearwater Land Company, a Florida corporation, and the
Trustee (the original named Trustee was Sun Bank, National Association, which
now is SunTrust Bank) (the "Phase II Original Indenture"), as supplemented by the
First Supplemental Indenture of Trust dated as of January 31, 2003 (the "Phase II
,,,, . , t- ~
.
. PINELLAS COUNTY rLA.
Orr,REC,8K 12517 PG 2080
First Supplement") between Regency Oaks, LLC, a Delaware limited liability
company, and the Trustee, under which it was acknowledged that Regency Oaks,
LLC had by purchase succeeded to the rights and obligations of Clearwater Land
Company under the Phase II Original Indenture. The Phase II Original Indenture
as amended by the Phase II First Supplement is referred to herein as the "Phase II
Indenture," and the 1991 Indenture, the Phase I Indenture, and the Phase II
Indenture are referred to collectively herein as the "Indenture."
2. The Company has, by Company Request and Officer's Certificate dated
as of January 31, 2003 (the "Request and Certificate"), requested that the Trustee
execute this Confirmation for the purpose of confirming the Company's entering
into the Reciprocal Easement, Common Usage and Operation Agreement between
the Company and Sylvan Health Properties, LLC, a Delaware limited liability
company, in the form attached hereto as Exhibit A (the "Reciprocal Easement").
3. In reliance on the Request and Certificate and an Opinion of Counsel
(all as permitted by the Indenture) and in accordance with Section 3.01 of the
Indenture, the Trustee hereby confirms to the Company the action taken by the
Company in granting the rights-of-way and easements over or in respect of property
contained in the Trust Estate pursuant to the Reciprocal Easement. The Company
shall be entitled to rely on this Confirmation.
4. This Confirmation is being given under Florida law and shall be
construed and enforced under the laws of that State.
-2-
,.~. 1\ ~J i 1(.
~PINELLAS COUNTY rLA
Urr,REC.8K 12517 PG 2081
IN WITNESS WHEREOF, the Trustee has executed this Confirmation as of
the day and year first above written.
~
Signed, sealed and delivered
in the presence of:
SUNTRUST BANK, a Georgia banking
corporation, as Trustee
(Sign ame)
LISA DERR BERRY
~me)0 ~
(Sign Name) \l:J ~
~~~ 'i<- '
(Print me) 1
STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ~day
of January, 2003, by Stacey L. Johnson, as Corporate Trust Officer of SUNTRUST
BANK, a Georgia banking corporation, on behalf of the corporation. She is
personally known to me or has produced a Florida driver's l'cense as identification.
(SEAL)
Oflicial Notary Signa re)
fA S ~ ~ u~k'/d-
(Printed, Typed or Stamped Name of Notary)
Notary Public-State of Florida
Commission Number:
- - -
ORLl #759979 v4
l "'~~~',:~'" LISA SIEFERT .
l~m. ti~ Notary Public - State of FloridI
; . . ! My Comm. Expires Apr 7. 2006
\~ 'H Commission" DO 106400
"'~.'f..:,~C!,:.". Bonded By National Notary Assn.
-3-
....-..- --lit: '. r...
.
.
EXHIBIT "A"
PINELLAS COUNTY rLA,
Orr,REC,8K 12517 PG 2092
See form of Reciprocal Easement, Common Usage and
Operation Agreement to which this Trustee's Confirmation of
Reciprocal Easement, Common Usage and Operation
Agreement is attached.
#285063 v1 - JE EXHIBIT
.
.
()
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
CASE #: t==-t.. t>
DATE RECEIVED:
RECEIVED BY (staff initials:
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
SURROUNDING USES OF ADJACENT
PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
CI SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
CI SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
CI SUBMIT APPLICATION FEE $1,205.00
* NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS)
FLEXIBLE DEVELOPMENT APPLICATION
Comprehensive Infill Redevelopment Project (Revised 11/05/02)
-PLEASE TYPE OR PRINT-use additional sheets as necessary
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
Regency Oaks, LLC, a Delaware limited liability company, and
APPLICANT NAME: Sylvan Health Properties, LLC, a Delaware limited liability company
c/o Neil Ezell, Johnson Ezell Corporation
MAILING ADDRESS: 18167 U.S. Hwv. 19 North, Suite 660, Clearwater, FL 33764
E-MAIL ADDRESS:
nezell@johnsonezell.com
PHONE NUMBER:
727-530-5522 Ext. 201
PROPERTY OWNER(S):
FAX NUMBER:
Regency Oaks, LLC - As to Tract
Sylvan Health Properties, LLC -
(Must include ALL owners)
727-530-0378
CELL NUMBER:
A
As to Tract B
AGENTNAME(S): E. D. Armstrong III, Esquire of Johnson, Blakely, Pope, Bokor, Ruppel
Burns, P.A.
MAILING ADDRESS: Po 0 Box llflR, l'lArn-wrlTAr, FT. 117C:;7-11flR
CELL NUMBER:
FAX NUMBER:
PHONE NUMBER: 727-461-1818
727-462-0365
D
E-MAILADDRESS:ed@jbpfirm.com
B. PROPOSED DEVELOPMENT INFORMATION:
2770, 2751,
STREET ADDRESS of subject site: 2701 and 2720 Regency Oaks Boulevard
PLANNINl.:i &. OEVE.L PMENt
SERVICES
CITY OF CLEARW JER
LEGAL DESCRIPTION:
See Exhibit "A" attached
herein.
PARCEL NUMBER:
PARCEL SIZE:
(acres, square feet)
PROPOSED USE AND SIZE: Tract A - 530-bed assisted living facility
(number of dwelling units, hotel rooms or square footage of nonresidential use)
Tract B - 120-bed skilled nursinq facility
DESCRIPTION OF REQUEST(S): Flexible development approval for comprehensive infill redevelop ent
(include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
project - See Exhibit "B" attached hereto and incorporated herein for detailed
Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO ~ (if yes, attach a copy of the applicable
documents)
j C. PROOF OF OWNERSHIP: (Section 4-202.A)
\ 1:1 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see
~ page 6)
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A)
J
Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail:
The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in
which it is located.
See Exhibit liB" attached hereto and incorporated herein for responses to
all 16 criteria.
The proposed development will not hinder or discourage the appropriate 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 or persons residing or working in the neighborhood of the proposed
use.
I
~.
The proposed development is designed to minimize traffic congestion.
,
\1.
The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development.
J
U
The design of the proposed development minimizes adverse effects, including visual, acoustic and olfacto
on adjacent properties.
MAR 19 7.063
PLAN,I'iIl'\l\:i &. UI:.Vt:.LUtJMt::NT
SERVICES
1:1
Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain
how each criteria is achieved in detail:
J.
The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity
and development standards.
Page 2 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not
reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the
improvements. )
v
The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater.
j.
The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses.
Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not
otherwise available in the City of Clearwater.
The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of
the parcel proposed for development.
/
"
7.
The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of
the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
I
Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the
immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole.
J
Is.
Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to
avoid on-street parking in the immediate vicinity of parcel proposed for development.
The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable).
Use separate sheets as necessary.
RECEJVED
MAl? 19 2003
PJ.ANNII~~ 6. Ut.VtLUI-'MEN
SERVICES
Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A)
~ SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
o TREE SURVEY (including existing trees on site and within 2S' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines and indicating trees to be removed);
..JIll" LOCATION MAP OF THE PROPERTY;
o PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the
submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in
accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the
parking standards are approved;
o GRADING PLAN, as applicable;
o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided);
o COPY OF RECORDED PLAT, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
\j.,.
/
D. SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals SO feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all EXISTING buildings and structures;
Footprint and size of all PROPOSED buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sighttriangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas, including handicapped spaces;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201 (D)(i) and Index #701};
Location of all landscape material;
Location of all jurisdictional lines adjacent to wetlands;
Location of all on site and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks
o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of EXISTING dwelling units;
Number of PROPOSED dwelling units;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights;
Impermeable surface ratio (I.S.R.); and
Floor area ratio (F.A.R.) for all nonresidential uses
o REDUCED SITE PLAN to scale (8 Y. X 11) and color rendering if possible
RECEIVED
o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site; MAR 1 9 2003
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas; PlANNING & ut.Vt.L.u....IVlENT
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned); SERVICES
Streets and drives (dimensioned); CITY OF CLEAHWATER
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees
Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
....... LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species. size and locations, including dripline (as indicated on
required tree survey);
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes
o REDUCED LANDSCAPE PLAN to scale (8 '12 X 11) (color rendering if possible)
o IRRIGATION PLAN (required for Level Two and Three applications)
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable
f1.
/
H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and
4-202.A.21)
o STORMWATER PLAN including the following requirements:
Existing topography extending 50 feet beyond all property lines;
Proposed grading including finished floor elevations of all structures;
All adjacent streets and municipal storm systems;
Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure;
Stormwater calculations for attenuation and water quality;
Signature of Florida registered Professional Engineer on all plans and calculations
o COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL
(SWFWMD approval is required prior to issuance of City Building Permit), if applicable
o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable
I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8'12 X 11) (black and white and color rendering, if
possible) as required
J. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or
to remain.
o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing
o Comprehensive Sign Program application, as applicable (separate application and fee required). R E eEl V E
o Reduced signage proposal (8 '12 X 11) (color), if submitting Comprehensive Sign Program application.
PLANNING & iJl:.lJt..LuI"'IVlENT
SERViCES
Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of CI~~l(l)f CLLAi\WA TER
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K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C)
1:1 Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
L. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in this application.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this I 8 ;1... day of
March ,A.D. 20 03 to me and/or by
E. D. Armstrong- III ,who is personally known
p~
id~
~t.~
My commission expires:
,.j;,f~;:'f~~;:... Jayne E Sears
~'.*:,A"f;; MY COMMISSION #' DD'~106' miRES
.,^:,~~&.~:'l/ September 2, 2005
....t,f;f.~~~~ (sONDED THRU l~OY F-.1N INSU~.lNn. INC
RECEIVED
MAR i 9 2003
PLANNII~lj 6& ut:.VtLUt-'IVlENT
SERVICES
CITY OF CLEAriWATER
Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater
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EXHIBIT "B" TO
FLEXIBLE DEVELOPMENT APPLICATION
This is a request for flexible development approval of a comprehensive infill
redevelopment project. It recently came to the attention of the Applicants that the
Regency Oaks project, consisting of a 530-bed assisted living facility, located on Tract
A, and 120-bed skilled nursing facility, located on Tract B, is currently a nonconforming
use in the "LMDR" district. Tracts A and B were recently sold to the Applicants, creating
two separate building tracts, with regard to setbacks and other development
parameters. The City of Clearwater issued zoning letters, dated October 3, 2002, on
each of the tracts, outlining steps that could be taken to bring the parcels into
conformance. Those steps are the submittal of this application and simultaneous filing
of applications for rezoning and land use plan amendment.
The property was annexed in 1987. At that time, the majority of Tract A was zoned
"RPD" and the majority of Tract B was zoned Public/Semi-Public, with compatible land
use designations. The 530-bed assisted living facility was an approved use under the
"RPD" district and the skilled nursing facility was approved by conditional use (Case
#87 -92). The project was constructed pursuant to a certified site plan with attendant
modifications in 1990, 1991, 1992, 1994, 1995 and 1996. In 1999, when the City
adopted the Community Development Code, the City revised the zoning atlas and
comprehensive plan to designate the parcels as they are currently designated. The
current uses are not allowed in the LMDR zoning district, which encompasses most of
the site. The applicant has simultaneously filed applications for rezoning and land use
plan amendment to zone the overall site to "Institutional" with a land use designation of
"Institutional" (with the exception of Preservation areas which will remain as such). This
information is given to explain why the site plan submitted with this application and the
requests set forth below, relate to the proposed "Institutional" zoning district.
Specifically, approval of this request will allow the existing nonconformities as follows:
(i) A building height of 65.9 feet for two 5-story buildings located on Tract A,
where 50' is allowed;
(ii) Rear (westerly and southerly) setbacks of parking area on Tract A to be
zero feet where 20 feet is required;
(iii) Front (easterly) setback of parking area on Tract B to be zero feet where
25 feet is required;
(iv) Side (northerly) setback of parking area on Tract B to be zero feet where
10 feet is required: and
(v) 494 parking spaces on Tract A, where 588 spaces are required.
RECEIVED
MAR jj'G ~;r;O'3
~ .,., , "" ,,,,,'er;
PLANNlNU I'St I.H::.Iit.LVrJlVlENT
SERVlCES
CITY OF CLE.Ar(WATER
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The attached site plan depicts existina development. Applicants are not proposing any
new development as part of this application.
The City requested that no additional tax parcels be created as a result of transfer of
ownership of the property. At the time of acquisition of the property, the Applicants
requested that the Mapping Division of the Pinellas County Property Appraiser's office
consolidate the property into two tax parcels-one for Tract A and one for Tract B. It is
our understanding from speaking to the Mapping Division that they have been "locked
out" of the tax rolls as to any mapping changes since February 7, but it is expected that
the Mapping Division will be able to commence updating the information after April 7,
2003. Therefore, the existing 3 tax parcels are referred to in this application.
General Applicability Criteria:
1) The proposed development of the land will be in harmony with the scale,
bulk, coverage, density and character of adjacent properties in which it is
located.
The neighborhood has not changed significantly since the project was
constructed in 1991. Regency Oaks functions as a community served by internal
driveways and buffered from adjacent parcels by a six-foot high brick entrance
wall along Soule Road which extends along the northern and southern
boundaries of the site. The use is compatible with the residential neighborhoods
to the north and south. There is office use located to the west and Sylvan Abbey
Memorial Park is located to the east of the site, across Soule Road. There is a
strip of "Preservation" lands in the southwesterly corner of the site which extends
into a larger tract of "Preservation" located south of the property.
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.
There is no new development proposed. The relief which is sought relative to
height and setbacks does not impact adjoining parcels. The northerly five-story
building is set back from the perimeter of the project by 203.1 feet and the
southerly five-story building is set back from the perimeter of the project by
226.91 feet. The zero setbacks of parking area are internal to the site.
3) The proposed development will not adversely affect the health or safety of
persons residing or working in the neighborhood of the proposed use.
This is an existing, well-maintained development. Approving existing parking
setbacks, reduced number of parking spaces and building height increases will
RECEIVED
2
MAR 19 2[103
PLANNINl.:i & UI;.\lu..u~MENT
b~RVICES
CllY OF CLEARWATER
.
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not affect the health and safety of residents within the project, the neighborhood
or the City of Clearwater.
4) The proposed development is designed to minimize traffic congestion.
Traffic flows smoothly through the site with one entrance/exit located on Soule
Road. See the answer to Criteria 9 on page 5 in response to parking. Tracts A
and B share mutual cross-easements for driveways throughout the project. The
project has been in existence for many years and there are no existing parking or
traffic problems as a result of this development.
5) The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
The community character is primarily residential and this retirement development
is appropriate at this location.
6) The design of the proposed development mlmmlzes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts on
adjacent properties.
There is no effect as to hours of operation or olfactory. Visual and acoustic
effects are minimized by the following: (i) The five-story buildings are well set
back from the perimeter of the project as described in (2) above; (ii) the zero
parking setbacks are created by ownership of the parcels and are not visually
apparent; and (iii) the existing parking spaces are never full so there is no visual
effect created, such as if there were an overflow of parking.
Comprehensive Infill Redevelopment Project Criteria:
1. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the use,
intensity and development standards.
Due to the existing conditions, and circumstances beyond the applicants' control,
such as the City's adoption of the Community Development Code and revision of
the zoning categories, it is not reasonable to require the Applicants to reduce the
height of the existing, occupied, five-story buildings. It is also not practical for the
Applicants to revise the existing driveways or add parking spaces to the project
which are not needed.
2 The development of the parcel proposed for development as a
comprehensive infill redevelopment project or residential infill project will
not reduce the fair market value of abutting properties. (Include the
RECEIVED
3
MAlt 192003
PLA~Nt/\ju <& Uc.Vt.LUPMENT
SEiiViCES
CITY OF CLEARWATER
.
.
existing value of the site and the proposed value of the site with the
improvements.)
There is no new development proposed so there will be no changes to value as a
result of the approval of this request. The relief which is sought relative to height
and setbacks does not impact adjoining parcels. The northerly five-story building
is set back from the perimeter of the project by 203.1 feet and the southerly five-
story building is set back from the perimeter of the project by 226.91 feet. The
zero setbacks of parking area are internal to the site.
3. The uses within the comprehensive infill redevelopment project are
otherwise permitted in the City of Clearwater.
The assisted living facility and skilled nursing facility are permitted uses in the
"Institutional" district and serve the needs of the community.
4. The uses or mix of use within the comprehensive infill redevelopment
project are compatible with adjacent land uses.
Regency Oaks was constructed in 1991. It is buffered from adjacent parcels by a
six-foot high brick entrance wall along Soule Road which extends along the
northern and southern boundaries of the site. The use is compatible with the
residential neighborhoods to the north and south. There is office use located to
the west and Sylvan Abbey Memorial Park is located to the east of the site,
across Soule Road. There is a strip of "Preservation" lands in the southwesterly
corner of the site which extends into a larger tract of "Preservation" located south
of the property.
5. Suitable sites for development or redevelopment of the uses or mix of uses
within the comprehensive infill redevelopment project are not otherwise
available in the City of Clearwater.
This is an existing, non-conforming project and it would not be practical to
relocate the current residents to another location. Therefore, the Applicants are
seeking to make the project conforming in order for it to be reconstructed at this
location, in the unlikely event of major damage or destruction of the premises.
6. The development of the parcel proposed for development as a
comprehensive infill redevelopment project will upgrade the immediately
vicinity of the parcel proposed for development.
Approval of this request will not result in any apparent change to residents in the
vicinity of the project.
7. The design of the proposed comprehensive infill redevelopment project
creates a form and function that enhances the community character of the
4
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.
immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
Regency Oaks is a beautifully landscaped and well maintained facility that is
home to many Clearwater residents and is an asset to the community.
8. Flexibility in regard to lot width, required setbacks, height and off-street
parking are justified by the benefits to the community character and the
immediate vicinity of the parcel proposed for development and the City of
Clearwater as a whole.
When dividing the ownership of Tracts A and 8, the Applicants sought to create
property boundaries that would minimize the nonconformities of the site. As
shown on the attached site plan, building setbacks and impervious surface area
are greater than required by Code and floor area ratios are less than required by
Code.
9. Adequate off-street parking in the immediate vicinity according to the
shared parking formula in Division 14 of Article 3 will be available to avoid
on-street parking in the immediate vicinity of parcel proposed for
development.
Attached data from ITE Parkina Generation. 2nd Edition show the parking
generation for Retirement Community and Nursing Home are 0.27/unit and
0.28/room respectively. As such, the combined parking requirement would be
only 176 spaces. Tract A contains 494 parking spaces and Tract 8 contains 70
parking spaces for a combined total of 573 parking spaces.
10. The design of all buildings complies with the Tourist District or Downtown
District design guidelines in Division 5 of Article 3 (as applicable).
This is not applicable.
#288365 v1 - Regency/Camp Infill Exhibit
RECEIVED
MA[:l 1. n "''''~1''
'r\ ::I f.,d\,l~:~
PLANNING & Uc.Vt.Lut"'IVIENT
SERVICES
C.ITY OF CLc.AI~\llJA TER
5
. .
PARCEL NUMBERS
ASSOCIATED WITH
FLD2003-03016
REGENCY OAKS
OS/29/16/00000/210/0000
OS/29/16/00000/21 % 1 00
OS/29/16/00000/210/0200
OS/29/16/00000/210/0300
"'"
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EXHIBIT "A"
Page 1 of 2
TRACT A:
Being a portion of the Northeast 1/4 of the Northwes~ 1/4 of Section 5, Township 29 South, Range
16 East, Pinellas County, Florida and being more particularly described as follows:
COMMENCE at the Southeas'L corner- of the Northeas: 1/e. of the Northwest 1/4 of said Section 5:
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/e.
of said Section 5, for 33.00 feet to the POINT OF BEGINNING; thence continue N. 89 degrees 39'
20" W., along said South line and along the Nor-her-iy boundary lines of ROBINWOOD
SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDITION and TrlE E!...KS, as recorded in Plat
Book 52, page 99, Plat Book 61, page 38 and PiaL Soak 95, page 90, respectively, of the Public
Records of Pinellas County, Florida, for 1311.05 feet to the Northwest corner of aforesaid plat of
THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of ~he Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 1336.20 feet to the Southwest corner of the plat of LA.KE
CHAUTAUQUA E5iATES, as recorded in Plat Book 90, Dage 22, of the Public Records of Pinellas
County, Florida; thence S. 89 degrees 42' 36" E., along the North line of the Northeast 1/.:1 of the
Northwest 1/e. of said Section 5 (being the basis of bearings of this description), same also being
the South boundary line of aforesaid LA.KE CHAUTAUQUA ESiATES, for 630.00 feet to the point of
intersection with the WesLer-ly right-ot-way line of 2!iO S1RE= I E..o..S1;. thence S. 00 degrees 02' 32"
W., along said Wes'Ler-ly right-of-way line, for 30.00 fee':; thence S. 89 degrees 42' 36" E., along
the south right-of-way line of 2ND STRE=I EASI, and along a line 30.00 feet South of and Garalle!
to the North line of the Nor-heast 1/4 of the NorthweSL 1/.:1 of said Section 5, for 670.63 feet to
the West right-of-way line of Soule Road; thence S. 00 degrees 2.2' 3.:1" W., along a said Wes'L line
and along a line 33.00 feet WesL of and parallel to the Eas'L line or the Northeast 1/4 of the
Northwes'L 1/.:1 of said Section 5, for 1307.39 feet ':0 the POINT OF BEGINNING.
LESS AND EXCE?T THEKE~KOM THE i=OLLOWING em a2 KNOWN AS TKP,C1S):
COMMENCE at the Southeast corner of the Nor-heast :./e. of the Northwest 1/.:1 of said Section 5;
thence N. 89 degrees 39' 20" W., along the South line of the Nor-heasL 1/.:1 or the Northwest l/<!o
or said Secrion 5, also being the nor-herly boundar:1 lines of KOBINWOOD
SUBDIVISION,.R.OBINWOOD SUBDIVISION FIRST ADDITION and THE E~KS, as recorded in Pice
Book 52., page 99, Plat Book 61, page 38 and Plat 300k 95, page 90, resoectively, or the Public
Records of Pine!12S County, Florida, for 1015.80 feet to the PorNi OF BEGINNING; thence
continue along said line N. 89 degrees 39' 20" W., for 328.25 feet to the Nor-hwest corner- of
aforesaid plat of THE E:..KS; chence N. 00 degrees <!oS' 56" E., along the West line of the Nor-heas:
1/4 of the Northwest 1/.:1 of said Section 5, for 337.03 feet; thence N. 37 degrees 22' 4.:1" E., for
392.31 fee':; thence N 07 degrees 57' 17" E, for 29.5S fee~; thence S. 42 degrees 51' 57" E, for
..- 57.73 fe~t; thence S. 34 degre~s 36' 08" E., for 119.85 feet; thence S. 44 degrees 35' .25'1 Ear rOi
107,76 feet; thence S. 33 degrees 40' 06" E., for SO.61 feet; thence S..:1.:1 degrees 16' 53" c., fer
158.55 feet'; thence S. 28 degrees 42' 43" E., for 45.96 fee':; thence S. 14 degrees 10' 34" E., for
82.48 fee':; thence S. 63 degrees 33' 50" W., for lS.88 fee~; thence N. 29 degrees 31' 38" W., for
78.31 feet; thence S. do7 degrees 45' 44" W., for 328.30 feet to the POINT OF BEGINNING.
AND
RECEIVED
MAR 1 9 2003
PLANNINu &. I.)t:VI:.LOPMENT
SERVICES
CITY OF CLEAriWATER
"
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.
EXHIBIT "A"
Page 2 of 2
TRACT B:
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range
16 East, Pinellas County, Florida and being further des,:;-;ced as follows:
Commence a1: the Southeast corner of the Northeast 1/4 cf the Northwest 1/4 said Section 5;
thence N. 89 degrees 39'20"W., along the South line of ::.e Northeast 1/4 of the Northwest 1/4 of
said Section 5, aiso being the northerly boundary iines of ~OBINWOOD SUBDIVISION,
ROBINWOOD SUBDIVISION Fj:RST AOOmON and THE EL..'<S, 2S recorded in Plat Book 52, page
99, Plat: Dook 51, page 38, and Plat Book 95, Page 90, resoec:ively, onhe Public Records of
Pinellas County, Florida, for 1015.80 feet to the Point of 3eginning: thence continue along said
line N. 89 degrees 39'20"W., for 328.25 feet to the Northwest corner of aforesaid plat of THE
ELKS; thence N. 00 degrees 48'56"E., along the Wesi. line of the Northeast 1/4 of the Northwest
1/4 of said Section S, for 337.03 feet; thence N. 37 degrees 22'4.4"E., for 392.31 fee~; thence N.
07 degrees 57'17"E., for 29.55 feet; thence S. 42 degrees 51'17"E., for 57.73 feet; thence S. 34
degrees 36'08"E., for 119.85 feet; thence S. 44 degrees 25'25"E., for 107.76 fee':; thence S. 33
degrees 40'06"E., for 80.61 feet; thence S. 44 degrees :355"E., for 153.55 fe:t; thence S. 28
degrees 42'43"E., for 45.96 feet; thence S. 14 degrees ::'34"E., for 82.A8 fee;:; thence S. 63
degrees 33'50"W., for 19.88 feet; thence N. 29 degrees 21'38"W., for 78.31 feer; thence S. 47
degrees 45'.:!.4"W., for 328.30 feet to the Point of beginning.
--
RECE\VED
MAR ,. 9 2003
PLANNIN\.:J /SI. ut..vt.&-vI"'I'VIENT
SERVICES
efT'{ OF CLI:.Ar:<WATER
.
.
M. U~IOAVIT 1'0 AUTI-IORlZS; Ac:~NT!
Svlvap Health Properties, LLC, a Delaware limited. liability company
(Names of ..II property ownel'5)
1. That (I am/we are) the cwner(s) and recon:l title holder(s) oj the following described property (address or general location):
See Exhibit "A" attached hereto and incorporated herein. The parcel is located
on Regency Oaks Boulevard.
2. That this property eons1ltutes the property for which a reQUI~at for a: (describe rEKluest)
Flexible.nevelopment application. for a Comprehensive Infill _Reoeve10prnent
~P~oj"ect - - .. . ~
3. That the underslgned (h8sIhave) appoint$cl and (doe8ldo) appoint E. D. ~trong :r:U, Esquire or Joan M.
Vecchioli, Esquire, of Johnson, Bla.l~ely , Pope, Bokor, RUppel & Burns, P.A.
as (his/their) agent(s) to execute any petltlOhs or other dOllUmenls necessary to effect such petition:
3. That this affidavit has been executed to induce the City of Cleanvater. Florida to consldet and act on the above described pro~rty:
4. That the applic;;ant acknowledges that all impact fees (paries and recreation. trafflc. etc.) will be p$icl PRIOR to the iMuance of a bUilding perlTlit,
eel1lfleate of occupancy. or other mechanism, whichever occu~ first:
5. That site visits to the property are necessary by City repre-;ematlves ill order to process this appUcatiofl and the owner authorizes City
representatives to visit and photograph the property descrlbed 'n this appllcatlol1:
6. That (lIwe). the undersigned authority. hereby certify thatlhe foregoing Is true and CQn'8Ct.
SYLVAN HEALTa PROPERTIES, LLC, a Delaware limited liability company, By Clearwater
Land company, Its Managing Member -:~erty owner /~ ?y/J
Property Owner Neil Ezell, ice President
STATE OF FLORIDA.
COUNlY OF PINELLAS
Before me the Undet&igned. an officer duly ccmmissloned br the laws of the Slale of Florida. on this I 7"111- day of
March . 2003 pel'5onally appeared N~ Ezell, as Vice President.. who having been ~t duly swom
Deposes ~nd. says that he/she flJlly u:~,~~ands the contents Ilf the affidavillhat he/she 5ign~ .
My CommISSiOn Expires: /~y.r~ Henry A Lounders, Jr. a. ~J~, .
t*'f \~ MY COMMISSION # 00094295 EXPIRES - Notary ublle .
~. . : : March 7, 2006 .
~ .....
~...~
S:\Plsnnlng DepertmGnMppllaatlof! FormaldflVll/opment rlWill~OO2 !'otms~ons/wJ InN! sppl~uon 2002.doc
""Of Clearwater Land company, Managin~r Member of SYLVAN HEALTH PROPERTIES, LLC, a Delaware
limited lia,bility- company, on behalf of saio company,
RECEIVED
MAR "9 2Ja3
PLANNIN~~ <51.. ut.\ic.!.,u....MENT
SEt<VICES
CITY OF C;Lt.Ai~VVATER
Page 7 of 7 _ Flexible Development Appllcaticll'l - Comprehensive lnftll Redevelopment ProJ8Ct- CIty of Clearwllter
Elv-~ 90/vO.d 88E-l
ll98lvvLZH
^'3~v'a'NOSNHor-WOJ~
WdOO:vO EO-vI-EO
, ,
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Exhibit "A"
TRACT B;
Be!ng a portion of the Northeast 1/4 of t~e Northwest 1/4 or Section 5, Township 29 South. Range
i.6 East. pine!las County, Florida and being fu......her de~crioed as follows:
Commence at the Soutnea$t corner of tl",e Northeast !/4 of the Northwest 1/4 said Section 5;
thence N. 89 de9rees 39'20"W.. along tria South line of the NorthEast 1/4 of the Non::hwest 1/4 of
said Section 5. also being the northerly t,oundarv lines of B.06INWOOD 5U6DIVISION.
R06!NWOOO SU6DIVISION FIRST ADOITION and THE E~,:<S, as recorded in Plat Sook 52., page
99. ?Iat Book 61, page 38. and Plat 6001( 95, Page 90. respectively, of the Public Re-:ords of
Pinellas County, Florida, for 1015.80 feet to the point of e~lnning: thence continue along said
line N. 89 degrees 39'20"W., for 328.25 feet to the Northwest corner of aforesaid plat of THE
ELKS; thence N. 00 degre~s 48'56"1:.. along the West line of the Northeast 1/4 of the Northwest
1/4 of said Section 5, for 337.03 feet: t:,ence N. 37 de~r=~s 22'4A"E.. for 39;'..~!. feet; thence N.
07 degrees S7';.7"E.. for 29.55 feet; thE:nce S. 42 de~re~s Sl'17"E., for :7.73 feet; the~ce S. 34
degre~s 36'08"E., for ~19.65 feet; then:e S. 44 degrees ~5'25-E., for 107.76 feet; thence S. 33
degre<;S 40'06"E.. for 80.61 feet; the!'1C:'1! 5.44 degraes lc'SS"E., for 15'8.55 feet; thence S. 28
oegre~s 42'<13"E., for 45.96 feet; thenca S. 14 degrees !.1J'34"E" for 82.48 ~eet; thence S. 63
de~rees 33'SO"W., for 19.88 feet; then(~e N. 2.9 degre~s 31'3S"W., for 78.31 feet; thence S. 47
degrees 45'44"W., for 328.30 feet to tr.e Point of oeginninQ. .
-~
RECEIVED
MAR 1 9 2003
PJ.ANNINu is& I,)~VUU"'MENT
SERVICES
CITY OF CLt.Ar(WATER
Regency Tract B
Elv-~ gO/90'd 88E-l
ll981vvlZH
^'3~V'a'NOSNHor-WDJ~ WdOO:vO EO-vI-EO
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M. AFFIDAVIT TO AUTHORIZE AGENT;
Regency oaks, LLC, a Delaware l~ited liability company
(Names of all property owners)
1. That (I am/we are) the owner(s) and record title holder(s) 0" the following described property (address or general location):
:. : Regency Oaks Boulevard, It\(;re particularly described on Exhibit "A"
attached hereto and incorpo~ated h@rein.
2. That this property constitutes the property fot which .a reqwllrt for a: (desaibe request)
Flexible development applicaticn for a Comprehensive Infill Redevelopment
Project.
3. That the underslgned (haslhave) apPOiNted and (doe~do) 'IPPOlnt:
Vecchioli, Esquire, of Johnson, Blakely, Pope, Sokorl Ruppel & Burps, P.A.
E. D. Armstrong III, Esquire or Joan M.
as (his/their) agent(s) to execute llny petitions or other docurne~ necessary to effect such petition:
J. That this affidavit has been executed to induce the City ot Clearwater. Florida to CQnsider and act on the above descr1bed properly;
.I., That the applicant acknowledges that all Impact fees (park:; and recreation. traffic. etc.) will be paid ~RIOR to the issuance of a bUildiNg permit,
canlnCQte of occupancy, or other mechanism. whichever 0I:clJ1'S first:
5. That site visits to the property are necessary by City representatives In cmar to Ol'Qcess this appllcatlon and the owner authorizes City
repre~entallves to visit and Ilhotograr;lh the property described III this application:
6. That (lIwe). the undersIgned authority, hereby certify that tile foregOiNg is b1Je and cormet.
SHP Senior Housing Fund, LLC, a Delaware limited liability
By SHP Asset Mana9~~,~, a Delaware limited lrability
I'roperty Owner
anager STATE OF NEW.'{ORK
BW~OUGH OF MANHATTAN
Before me-the undersigned. an officer dUly commissioned by thlllaws of the III. . on this // d
Ma~ch, ,200-3 personally appeared craig E. Anderson, Manager'" who having been f1
~Oses a~ctsa~s that he/s1;.~ fully underst~~~~~, ~~~t~~~..~ .the affidavit that M/she s:9Iledr--/ L
MyComtnjssion~pires; .; . :~,',. ,Ii :\."..... ~.~ ~
(.: :< /~ J/J]J7 '. :~.:.;_d ;:;), ":" ';':;!," il.'.':.,' No
~I t7'1/"- . ,:." ',_,1<: ~,- '" .. ':;.
:REGENCY 01\K5 r LLC, By
company, its Manage~,
company, its nage
By:
S;\Plenn/ng De~l1mQntlAPpll~t10n Fottl'/$ltJevelO(Jment nlvJewl2002 F07mllcomprehenSlVf! Infill ~pJ)lfr;allon 2002.doc
*of sap Asset Management, LLC, a Delaware limited liability company, Manager of SHP Senior
Ho~sing Fund, LLC, a Delawa~e limited liability company, Manager of Regency Oaks, LLC,
a Delaware limi.ted liability' companYI on behalf of said company,
RECEIVED
MAR 1 9 2003
PLANNINu & lJt.vc.t..vt'MENT
SERVICES
CITY OF CLEAI"(WATER
t'3ge 7 of 7 - l=lexible Development Apt:llieaqon - CQmf;ltehensive f"fill Redevelopment Projed- City of Clearwater
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TRACT A:
Being a portion of the Northesst l/~ of the Nor.:hwest :/L of Section 5, Township 29 South, Range
16 ::25" Pinellas County, Florlda and ~ eing more par.!I;"Jlarly de:.:;c:ribed as fOllOws:
COMMENCe Zit the southeast C::Jmer 0' the Northe=~ :/~ or the Northwest 1/4 of said Se~ion s;
the:1ce N. 89 ciegre~$ 3<:' 20" W., aloi.g the South Ii;'\e cf the Northeast 1/4 of the: Northwes:: 1./4
of said Section 5. for 33.00 feet to the: porNT Or ~=~ZNNING; t.."e:1ce rontinue N. 89 degrees 39'
20" W., ~long said South line and ;;:lor'9 the Nor'i:he:~y !:loundary lines or ROBINwaOD
SUBDIVISION, ROBINWOOD SUBD!V1SIQN F!P,ST ADOr;-:;:ON and THE ELKS, as recorded in plat
Book 52, page 99, Plat Book 61, page 38 and Plat Soak 95, page 90, respectively, or the publir
P,e~ords of Pine!las County, Florida, for :!.3::...05 re;t to the Northwest corne~ of aforesaid plat or
TilE EU<S; tlience N. 00 degrees 48' ~i6" E.. alone;! ~'i; West line of the Northeas"i: 1/4 of the
Northwe~ 1/4 of said Section 5, for ~336.2'J fe~: ;: tile Southwest corner of the plat of ~KE
ChAUTAUQUA E5TA"iE5, as r~c:mie~ n PlCit 500k C:O, u:';9 22. of the Public: Re-::ords of Pine!l~s
CQuntv, =!oria2.; thence S. 89 de~ree:; 42' 36" ::., c~cn; ~jje North line of the Northeast 1/4. of the
Nor'i:hwes~ l/~ of said Sedan S (be!n~ the J:::!sis of ~==rjngs of this desC;-lption), same also be~ng
tr,e Scuth boundary line of aforesaid ..AKE C:-iAUTAiJQL:A ~5TATE5, ror 630.00 i'e~l: to the point of
inte:-:section with the WeSi:eMv ~ight.or-way line. of ~I~O S-;:l,,;:= I EAST~ thence S. 00 de?r':~$ 02' 32"
W., clang said We5\:e;ly rignt.of-way line, fer ;O.OC f==,=: thence S. 89 degrees L2' 36" E., along
'::ne south righI-of-way lIne of 2.'~o S"i;~E::r i:ASI, a~: alcng a line 30.00 feet South or and ~ara[lel
to the North line of the Northe!.st ~/t. or the Norti1we5i: :/L of saia SectIon 5, for 670.53 feet to
the Wes<.. rignI-:Jt~way line of Souie R:J2:C; thenca~. 88 ~e~rees 2.2' 24" W., alol1g a saId West line
ena alone a line 3:3.00 fe~t West of Ci1d CJ~rall=! tc ~~a ~aSi: lIne :JT tl1e Nor'i:i1eEs-= 1/..1 of th~
Ncrchwest 1./L of sa:id Sedlon ;. for :.307.~<;l fe=t :.:j w.e ~OINT OF 6~INNING.
1_=55 AND EXC=?T THE?,E:=ROM Ti-iE :Oll...oWIN~ C-J ::::: KNOWN AS TMCT 3):
COMMENC::;; at: the SoutheaS"C corne~ JT t[1e NOl\:hei~ ~.'L of the North'Nest l./L or said Sedon 5;
the:lc= N. 89 de9rees 39' 20" W., alcng the Sou':r. ;be cf the Ncr.::neE~"c 1/L or ti1e Northwest U4
of sQid Se~jon 5, also being the nor-herly oour~arl lin'=5 of ROE!NWOOD
SLJBDIVISION,R06INWOOD SUSDIVSiON ;::PS-;- ,,"~CGON and Ti-lE ;:;:....KS, a'S i8-::0raec In ?Iot
Sock 5~. oage 99, Pier 600i< 6:, pCiQe 38 and ~Ia': S:::=i< 95, ~age 90, ;-~.$Qe~iv~ly, of the P,..Iblic
F\e,:orcis of Pine!!;;$ County, FiO!1oa, Tor ~O!.5,8C f~~::; ~he POINT OF aZ:GINNING; th~nc:!:
~OnLinue along said line 1'1. 89 de'iie~;~ 39' 20" 'N,. ~cr ~2.S.25 feet to the Northwest C:lrner of
aforesaid plat of TJ-i:= E::!....KS; thence 1'1, 00 degrees ~!2' ~5~ E.. along the WeS"L line of the Northe3st
1/~ of the Northwest l/o:1 of said Se~tion 5, for 221.=~ ;:a~t; thence N. :37 oegrSles 22' ,j.~" i:.. for
3S2.31 fe~!:; thenc!; N 07 de;rees 5'" ~7" E, for 2.~,::-: feet; thence S, 42 degrees 51' 57" E. for
_. 57.73 re:-;;!:: the:"1ce S. 34 degrees 36' 08" =.. fer :.~~.8: ~e!:~; the:1c~ S. 4.L degrees 35' 25" E., for
1.07.76 fe~t; thence S. 33 degr~~s dQ' 06" =.. for S:.:: feet; the~ce S. .:1.L cie~rees 10' SS" C.. for
158 :;:- fe"'l'" "henc'" S 78 da"'re"'s ...-' d-:"::: =or ..:;:::::: fael-' -henc<> <:: 1 L op:'r"''''s 10' -::.:," E for
__::I _..., '-.1 . _ ~ _ .;; _ "'1. ..1 1.-., I -_....... li;;_... '. ... _6 - __';: -- -. I'
82.43 fee~; th~!'1ce S. 63 degree5 ~:;' ~O" W., r<jr ;';,0: Tee!:; thei1ce N. :2~ de~ree:s 31.' 38" W., for
78.3l feet; thenc:e S. 47 degre~$ .1.:' 44" W.. for ::2.~.20 Feet to the POiNT OF SEG:i:NNING.
RECEIVED
MAR 1 9 2CD3
PLANNING (X ut.\itJ..u....MENT
SERVICES
CITY OF ClEAt<WATER
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. LAND USE: 250 .
RETIREMENT COMMUNITY
(Senior Citizen Multi-Family Residential)
DESCRIPTION
PARKING CHARACTERISTICS AND
DATA LIMITATIONS
Retirement communities, restricted to adults or senior
citizens, contain residential units similar to apart-
ments or condominiums and are usually self-con-
tained villages. They may also contain special ser-
vices such as medical services, dining facilities, and
some limited supporting retail uses.
All facilities surveyed were located in suburban Chi-
cago. The number of dwelling units ranged from 51
to 203.
As expected, the parking rate for retirement com-
munities is lower than other multi-family residential
facilities. The weekend rates are higher than week-
day rates due to visitors. More data are needed to
provide more meaningful parking rates.
Parking Generation, August 1987/lnstitute of Transportation Engineers
35
RETIRE.NT COMMUNITY {2Sott
(Senior Citizen Multi-Family Residential)
Peak Parking Spaces Occupied vs: DWELLING UNITS
On a: WEEKDAY
PARKING GENERATION RATES
Average
Rate
0.27
Standard
Deviation
Range of
Rates
0.11-0.48
Number of
Studies
4
Average Number of
Dwelling Units
125
DATA PLOT AND EQUATION
CAUTION-USE CAREFULLY-SMALL SAMPLE SIZE.*
90
Cl 80
w
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::> 70
0
0
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en 60
w
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~ 50
en
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a..
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0
50
o
110
210
70
90
130
150
170
190
x = NUMBER OF DWELLING UNITS
o ACTUAL DATA POINTS
FITTED CURVE
Fitted Curve Equation: Ln(P) = 1.75(X) - 4.97
R2 = 0.945
Parking Generation, August 1987/lnstitute of Transportation Engineers
36
I
.
LAND USE: 620
NURSING HOME
.
I
I
DESCRIPTION
The nursing homes surveyed ranged in size from 20
rooms to 180 rooms.
I
A nursing home is a facility whose primary function
is to care for persons unable to care for themselves.
Thus, the term is applicable not only to rest homes
(which are primarily for the aged) but also to chronic-
care and convalescent homes.
Parking generation data for nursing homes were
available from six sources, all in suburban Illinois.
PARKING CHARACTERISTIC AND
DATA LIMITATIONS
I
.
It would be desirable to have data reflecting the
parking rate per occupied bed as well as per room.
I
.
.
.
I
.
.
Parking Generation, August 1987/lnstitute of Transportation Engineers
.
97
NUH~INli HOME (62Q)
Pe.arking Spaces Occupied v.OOMS
On a: WEEKDAY
1
I
PARKING GENERATION RATES
,
II
Average
Rate
0.28
Range of
Rates
0.17-0.35
Standard
Deviation
Number of
Studies
3
*
Average Number of
Rooms
55
Ii
.
28
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t
o
t
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o
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60
80
100
x = NUMBER OF ROOMS
Ie:
I:
o ACTUAL DATA POINTS
FITTED CURVE
Fitted Curve Equation: Ln(P) = 0.02 (X) + 1.44
R2 = 0.865
a;
;:
I:
Parking Generation, August 1987/lnstitute of Transportation Engineers
I:
98
g:
.
.
REGENCY OAKS
PHOTOGRAPHS
Ima2e # Description
Image # 1 Wall sign at entrance (NW comer Soule Road/Driveway)
12" letters, 20 feet long (20 s.f. signage)
Image #2 Wall sign at entrance (SW comer Soule Road/Driveway)
12" letters, 20 feet long (20 s.f. signage)
Image #3 Sign for Regency Oaks South (#2701)
Sign is 4.5' by 2.5' (11.25 s.f.)
Image #4 Information Center Sign (#2720)
Sign is 4' by 2.5' (10 s.f.)
Image #5 Regency Oaks South (#2701) (East Elevation)
Image #6 Regency Oaks South (#2701) (North Elevation)
Image #7 Regency Oaks South (#2701) (West Elevation)
Image #8 Regency Oaks South (#2701) (Southwest Elevation)
Image #9 Regency Oaks South (#2701) (South Elevation)
Image #10 Sylvan Skilled Nursing Center (#2770) (Southeast Elevation)
Image #11 Sylvan Skilled Nursing Center (#2770) (Southwest Elevation)
Image #12 Sylvan Skilled Nursing Center (#2770) (Northwest Elevation)
Image #13 Sylvan Skilled Nursing Center (#2770) (Northeast Elevation)
Image #14 Sylvan Skilled Nursing Center Sign (#2770) (Northwest Sign)
Sign is 5' by 3.2' (16 s.f.)
Image #15 Sylvan Skilled Nursing Center Sign (#2770) (Southeast Sign)
Sign is 5' by 3.2' (16 s.f.)
Image #16 Regency Oaks North (#2751) (South Elevation)
Image #17 Regency Oaks North (#2751) (West Elevation)
Image #18 Regency Oaks North (#2751) (West Elevation)
Image #19 Regency Oaks North (#2751) (Northeast Elevation)
Image #20 Regency Oaks North (#2751) (North Elevation)
Image #21 Wall sign on Regency Oaks North entrance
Sign is 6' by 1.5' (9 s.f.)
Image #22 Regency Oaks North (#2751) (East Elevation)
Image #23 Information Center (#2720) (Northwest Elevation)
Image #24 Information Center (#2720) (Northeast Elevation)
Image #25 Information Center (#2720) (Southeast Elevation)
Image #26 Information Center (#2720) (Southwest Elevation)
Inage #27 Nostalgic Village (East Elevation)
Image #28 Nostalgic Village (North Elevation)
Image #29 Nostalgic Village (West Elevation)
Image #30 Nostalgic Village (South Elevation)
Q:\Regency Oaks Photographs. doc
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4C194018 02-05:;~t~ibf~:(~~-~p-
51 DED-REGENCY OAKS LLC
000000
IU:03046792 BK:12517 SPG:2018 EPG:2029
RECORDING 012 PAGES 1 $55.50
DOC STAMP - DR219 3 $188,193.60
ARE PARED BY AND RETURN TO:
Joan M. Vecchioli, Esq.
Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A.
911 Chestnut Street
Clearvvater, Florida 33756
TOTAL:
CHECK AMT.TENDERED:
/j CHANGE:
BY -1/1~- DEPUTY CLERK
$188,24'3.10
$188,249.10
$.00
03-046792 FE8- 5-2003 9: 37RM
SPECIAL WARRANTY DEED P INELLFlS CO 8K 12517 PG 2018
11111111111111111111111111111111111111111111111111
. '~ fi
THIS INDENTURE made this / ( day of ~ itZc lOf ~ ,2003, between
CLEARWATER LAND COMPANY, a Florida corporation ("Gran.1Or"), whose post office
address is: 18167 U.S. Highway 19 N., Suite 660, Clearwater, Florida 33764 and
REGENCY OAKS, LLC, a Delaware limited liability company ("Grantee"), whose post
office address is: c/o SHP Senior Housing Fund, LLC, 630 Fifth Avenue, 29th Floor,
New York, New York 10111.
WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised,
released, conveyed and confirmed, and by these presents doth grant, bargain, sell,
alien, remise, release, convey and confirm unto the said Grantee, and its successors
and assigns forever, all that certain interest in land lying and being in the County of
Pinellas, State of Florida, more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein.
SUBJECT to applicable land use and zoning restrictions and to
easements, reservations and restrictions identified on Exhibit "B"
attached hereto which are specifically not reimposed or extended
hereby, and to taxes for the year 2003 and subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances, with
every privilege, right, title, interest and estate, reversion, remainder and easement
thereto belonging or in anywise appertaining (all of the foregoing together with the
Exhibit "A" land are hereinafter collectively referred to as the "Property").
The tax parcel numbers for the aforedescribed Property are OS/29/16/00000/210/0000,
OS/29/1600000/21 % 100 and OS/29/16/00000/210/0200.
The tax identification number for the Grantee is
.
.
PIN~LLAS C
Orr.REC.8K OUNTY rLA
12517 PG 2019
TO HAVE AND TO HOLD the same in fee simple forever.
And the said Grantor does hereby fully warrant the title to said Property, and will
defend the same against the lawful claims of all persons claiming by, through or under
the Grantor, but against none other.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be
signed the day and year above written.
Signed, Sealed and Delivered
in our presence ~
~ ~ '-/' /
I .' __ /\ /I€!t, , '{~ J-1. -'
."' c.' t..-''''
I Ignature
,jean M. Ve<.,-chloli
CLEARWATER LAND COMPANY
A Florida corpora.n
~~1~
R. Kelley Johnson
As: President
Print Name
'\'\ ',~ L --h
\ ~ Ck-.1\. (\;\J-'A, ~.' \:L--J":...
Signature
I\>~ C) 'A. V\ \ x. l_..\?'. \ \J"
Print Name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
_ The foregoing instrument was acknowledged before me this \ S" i day of
~.~.\.D(\)Q.\!'?rI2003, by R. Kelley Johnson, as President of CLEARWAT~R LAND
COMPANY, cP Florida corporation, on behalf of the corporation. He [3-ffipersonally
known to me or 0 has produced as identification.
\) -~.~.
\~ .~.. '.
, , ) \. .\ i\ "\'"'.A..I. ~. '-,
Notary Public ~ ('
Print name: \:" h ,,,,,<OJ i.. "-l. Ki uh
My commission expires:
~~::;A~:'fit:. BONNIE L RICH
[': A'A MY COMMISSION # DO 063493
~;'@itf EXPIRES: October 19, 2005
if."9f,,r,\'" Bonded Thru Notary Public Underwritars
#284493 v1 - JohnsonEzell/RegencylAlDeed
2
.
.
Exhibit "Air
PIN~LLRS COUNTY FLR.
OFF .R~C.8K 12517 PG 2020
TRACT A:
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range
16 East, Pinellas County, Florida and being more particularly described as follows:
COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5:
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4
of said Section 5, for 33.00 feet to the POINT OF BEGINNING; thence continue N. 89 degrees 39'
20" W., along said South line and along the Northerly boundary lines of ROBINWOOD
SUBDIVISION, ROBINWOOD SUBDIVISION FIRST AOOmON and THE ELKS, as recorded in Plat
Book 52, page 99, Plat Book 61, page 38 and Plat Book 95, page 90, respectively, of the Public
Records of Pinellas County, Florida, for 1311.05 feet to the Northwest corner of aforesaid plat of
THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 1336.20 feet to the Southwest corner of the plat of LAKE
CHAUTAUQUA ESTATES, as recorded in Plat Book 90, page 22, of the Public Records of Pinellas
County, Florida; thence S. 89 degrees 42' 36" E., along the North line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5 (being the basis of be::rings of this description), same also being
the South boundary line of aforesaid LAKE CHAUTAUQUA ESTATES, for 630.00 feet to the point of
intersection with the Westerly right-of-way line of 2ND STREET EAST;. thence S. 00 degrees 02' 32"
W., along said Westerly right-of-way line, for 30.00 feet; thence S. 89 degrees 42' 36" E., along
the south right-of-way line of 2ND STREET EAST, and along a line 30.00 feet South of and parallel
to the North line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 670.63 feet to
the West right-of-way line of Soule Road; thence S. 00 degrees 22' 34" W., along a said West line
and along a line 33.00 feet West of and parallel to the cast line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 1307.39 feet to the POINT OF BEGINNING.
LESS AND EXCEPT THEREFROM THE FOLLOWING (TO BE KNOWN AS TRACT B):
--
COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5;
thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4
of said Section 5, also being the northerly boundary lines of ROBINWOOD
SUBDIVISION,ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat
Book 52, page 99, Plat Book 61, page 38 and Plat Soak 95, page 90, respectively, of the Public
Records of Pinellas County, Florida, for 1015.80 feet to the POINT OF BEGINNING; thence
continue along said line N. 89 degrees 39' 20" W., for 328.25 feet to the Northwest corner of
aforesaid plat of THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast
1/4 of the Northwest 1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22' 44" E., for
392.31 feet; thence N 07 degrees 57' 17" E, for 29.55 feet; thence S. 42 degrees 51' 57" E, for
57.73 feet; thence S. 34 degrees 36' 08" E., for 119.85 feet; thence S. 44 degrees 35' 25" E., for
107.76 feet; thence S. 33 degrees 40' 06" E., for 80.51 feet; thence S. 44 degrees 16' 55" E., for
158.55 feef; thence S. 28 degrees 42' 43" E., for dS.95 feet; thence S. 14 degrees 10' 34" E., for
82.48 feet; thence S. 63 degrees 33' 50" W., for 19.88 feet; thence N. 29 degrees 31' 38" W., for
78.31 feet; thence S. 47 degrees ~S 44" W., for 328.30 feet to the POINT OF BEGINNING.
Regency Tract A
.
.
EXHIBIT "B"
PINELLAS COUNTY fLR.
Ofr.REC.8K 12517 PG 2021
EXCEPTIONS
1. Easement in favor of City of Clearwater contained in instrument recorded
November 21, 1979 in Official Records Book 4946, Page 839.
2. Easement in favor of City of Clearwater contained in instrument recorded January
26, 1982 in Official Records Book 5301, page 321.
3. Easement in favor of City of Clearwater contained in instrument recorded May 13,
1988 in Official Records Book 6743, page 1771.
4. Easement in favor of City of Clearwater contained in instrument recorded March
19, 1990 in Official Records Book 7227, page 417.
5. Easement in favor of Florida Power Corporation contained in instrument recorded
January 24,1991 in Official Records Book 7477, page 1429.
6. Terms, conditions, easements and provisions, including provIsions for
assessment, as contained in that certain Declaration of Easement recorded
January 9,1992 in Official Records Book 7781, Page 1746.
7. Terms, conditions, easements and provisions, including provIsions for
assessments, as contained in that certain Declaration of Easements recorded
October 27,1994 in Official Records Book 8824, page 1518, as amended by First
Amendment to Declaration of Easements recorded June 10, 1996 in Official
Records Book 9369, page 774.
8. Terms and Conditions of Memorandum of Agreement by and between TIME
WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP, a New
York General Partnership and CLEARWATER LAND COMPANY, a Florida
corporation recorded September 2, 1999 in Official Records Book 10647, page
799.
9. Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida
corporation, (Ground Lessor) to SUNBANK, a National Association, as Trustee
dated January 9, 1992 and recorded January 9, 1992 in Official Records Book
7781, page 1757, in the original principal amount of 15,326,500.00; which has
been amended by Partial Subordination Agreement recorded January 9, 1992 in
Official Records Book 7781, page 1776 and by Intercreditor Agreement recorded
January 9, 1992 in Official Records Book 7781, page 1782, as affected by
Confirmation Agreement recorded in Official Records Book 9578, Page 403, and
Exhibit "B" Exceptions to Deed I Regency A
Page 1 of 9
.
~ PIN~LLAS COUNTY FLA
OFF.R~C,8K 12517 PG 2022
by Subordination and
simultaneously herewith.
Confirmation of Priorities Agreement recorded
10. Terms and conditions of Partial Subordination Agreement recorded January 9,
1992 in Official Records Book 7781, page 1776, as assigned to BARNETT
BANK, N.A., a National Banking Association, successor by merger to BARNETT
BANK OF PINELLAS COUNTY by Assignment of Notes, Mortgages and Loan
Documents recorded January 10, 1997 in Official Records Book 9578, Page 225,
as affected by Confirmation Agreement recorded in Official Records Book 9578,
Page 403, and by Subordination and Confirmation of Priorities Agreement
recorded simultaneously herewith.
11. Terms and conditions of Intercreditor Agreement recorded January 9, 1992 in
Official Records Book 7781, page 1782, as assigned to BARNETT BANK, N.A., a
National Banking Association, successor by merger to BARNETT BANK OF
PINELLAS COUNTY by Assignment of Notes, Mortgages, and other Loan
Documents recorded January 10, 1997 in Official Records Book 9578, Page 225,
as affected by Confirmation Agreement recorded in Official Records Book 9578,
Page 403, and by Subordination and Confirmation of Priorities Agreement
recorded simultaneously herewith.
12. UCC-1 Financing Statement from CLEARWATER LAND COMPANY AND
SYLVAN ABBEY MEMORIAL PARK, INC., to SUN BANK NATIONAL
ASSOCIATION, as Trustee recorded January 9, 1992 in Official Records Book
7781, page 1772, as amended by UCC-3 Continuation recorded December 27,
1996 in Official Records Book 9564, Page 1873, by UCC-3 Continuation recorded
December 10, 2001 in Official Records Book 11720, page 1702, as affected by
Subordination and Confirmation of Priorities Agreement recorded simultaneously
herewith.
13. Terms and conditions of Intercreditor and Subordination Agreement recorded in
Official Records Book 9276, page 146, as assigned to BARNETT BANK, N.A., a
National Banking Association, successor by merger to BARNETT BANK OF
PINELLAS COUNTY by Assignment of Notes, Mortgages and Loan Documents
recorded January 10, 1997 in Official Records Book 9578, Page 225, as affected
by Confirmation Agreement recorded in Official Records Book 9578, Page 403,
and by Subordination and Confirmation of Priorities Agreement recorded
sim u Itaneously herewith.
14. Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation
(Ground Lessor) to FIRST FLORIDA BANK, N.A., dated May 31, 1990 and
recorded June 1, 1990 in Official Records Book 7291, page 1, in the original
principal amount of $25,000,000.00, which has been modified by Subordination,
Modification and Estoppel Agreement recorded in Official Records Book 7291,
page 82, said mortgage has been assigned to XEROX CREDIT CORPORATION,
Exhibit "B" Exceptions to Deed I Regency A
Page 2 of 9
.-. P INE:LLAS COUNTY FLA.
OFF.RE:C.8K 12517 PG 2023
a Delaware corporation by Assignment of Recorded Loan Documents recorded
January 9, 1992 in Official Records Book 7781, page 1739 and Mortgage from
CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and
SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation (Ground Lessor)
to XEROX CREDIT CORPORATION, a Delaware corporation, dated May 31,
1990 and recorded June 1, 1990 in Official Records Book 7291, page 108, in the
original principal amount of $2,500,000.00. Said mortgages have been assigned
to BARNETT BANK, N.A., a National Banking Association, successor by merger
to BARNETT BANK OF PINELLAS COUNTY, by Assignment of Notes,
Mortgages and Loan Documents recorded January 10, 1997 in Official Records
Book 9578, page 225, and further amended and consolidated by Modification to
Mortgage and Security Agreement recorded January 10, 1997 in Official Records
Book 9578, page 237, and by Future Advance, Consolidation And Mortgage
Modification Agreement recorded October 28, 1998 in Official Records Book
10285, page 842, as further amended by Mortgage Modification and Spreader
Agreement recorded January 6, 1999 in Official Records Book 10363, page 1474,
and as amended by ASSUMPTION, FUTURE ADVANCE AND MORTGAGE
MODIFICATION AGREEMENT recorded simultaneously herewith.
.
15. Assignment of Leases and Rents from CLEARWATER LAND COMPANY, a
Florida corporation (Borrower) and SYLVAN ABBEY MEMORIAL PARK, INC., a
Florida corporation, (Ground Lessor) to FIRST FLORIDA BANK, N.A., as
contained in instruments dated May 31, 1990 and recorded June 1, 1990 in
Official Records Book 7291, page 54, of the Public Records of Pinellas County,
Florida, assigned to XEROX CREDIT CORPORATION, a Delaware corporation
by Assignment recorded in Official Records Book 7781, page 1739, and as
assigned to BARNETT BANK N.A.' a National Banking Association formerly
known as BARNETT BANK OF PINELLAS COUNTY by Assignment recorded
January 10, 1997 in Official Records Book 9578, page 225.
16. Assignment of Leases and Rents from CLEARWATER LAND COMPANY, a
Florida corporation (Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a
Florida corporation, (Ground Lessor) to XEROX CREDIT CORPORATION, a
Delaware corporation dated June 1, 1990 in Official Records Book 7291, page
161, of the Public Records of Pinellas County, Florida, as assigned to BARNETT
BANK, N.A., a National Banking Association formerly known as BARNETT BANK
OF PINELLAS COUNTY by Assignment recorded ~anuary 10, 1997 in Official
Records Book 9578, page 225.
17. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida general
partnership, (Ground Lessor) to SUNBANK, NATIONAL ASSOCIATION, as
Trustee under that certain Amended and Restated Indenture of Trust dated
December 6, 1995; said Mortgage dated December 18, 1995 and recorded
January 23, 1996 in Official Records Book 9226, page 2125, which has been
amended by Intercreditor and Subordination Agreements recorded in Official
Exhibit "B" Exceptions to Deed / Regency A
Page 3 of 9
.
.1N~LLAS COUNTY rLA.
o .R~C.8K 12517 PG 2024
Records Book 9276, page 146 and Official Records Book 9276, page 160 and by
Amendment No. 1 to Junior Mortgage recorded in Official Records Book 9336,
page 383, confirmed as subordinate to the insured Mortgage by Confirmation
Agreement recorded January 10, 1997 in Official Records Book 9578, page 403,
and by Subordination and Confirmation of Priorities Agreement, recorded
simultaneously herewith.
18. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida general
partnership, (Ground Lessor) to SUNBANK, NATIONAL ASSOCIATION, as
Trustee under that certain Amended and Restated Indenture of Trust dated
December 6, 1995, said Mortgage recorded May 8, 1996 in Official Records Book
9336, page 394, of the Public Records of Pinellas County, Florida, confirmed as
subordinate to the insured Mortgage by Confirmation Agreement recorded
January 10, 1997 in Official Records Book 9578, page 403, and by Subordination
and Confirmation of Priorities Agreement, recorded simultaneously herewith.
19. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida general
partnership, (Ground Lessor) to SUNTRUST BANK CENTER FLORIDA, National
Association, as Trustee (formerly known as SUN BANK, National Association)
under that certain Amended and Restated Indenture of Trust dated December 6,
1995, dated June 27, 1996, and recorded July 30, 1996 in Official Records Book
9417, page 2127, confirmed as subordinate to the insured Mortgage by
Confirmation Agreement recorded January 10, 1997 in Official Records Book
9578, page 403, and by Subordination and Confirmation of Priorities Agreement,
recorded simultaneously herewith.
20. UCC-1 Financing Statement from CLEARWATER LAND COMPANY to XEROX
CREDIT CORPORATION, recorded October 9, 1996 in Official Records Book
9488, page 2296, as assigned to BARNETT BANK, N.A., a National Banking
Association formerly known as BARNETT BANK OF PINELLAS COUNTY by
Assignment recorded January 10, 1997 in Official Records Book 9578, page 225,
and by UCC-3 Assignment recorded January 10, 1997 in Official Records Book
9578, page 234 and UCC-3 Continuation recorded January 6, 1999 in Official
Records Book 10363, page 1497, UCC-3 Continuation recorded September 5,
2001 in Official Records Book 11561, page 1842, and by UCC-3 Amendment
recorded September 6, 2001 in Official Records Book 11563, page 2553, all of
the Public Records of Pinellas County, Florida.
21. UCC-1 Financing Statement from CLEARWATER LAND COMPANY to XEROX
CREDIT CORPORATION, recorded October 9, 1996 in Official Records Book'
9488, page 2305, as assigned to BARNETT BANK, N.A., a National Banking
Association formerly known as BARNETT BANK OF PINELLAS COUNTY by
Assignment recorded January 10, 1997 in Official Records Book 9578, page 225,
and by UCC-3 Assignment recorded January 10, 1997 in Official Records Book
Exhibit "B" Exceptions to Deed I Regency A
Page 4 of 9
. , '
.
. PINELLAS COUNTY FLR,
OFF ,REC,8K 12517 PG 2025
9578, page 233 by UCC-3 Amendment recorded January 6, 1999 in Official
Records Book 10363, page 1498, and UCC-3 Amendment recorded September
6, 2001 in Official Records Book 11563, page 2555.
22. Assignment of Rents, Leases, Profits, Contracts, Certificates and Licenses from
CLEARWATER LAND COMPANY, a Florida corporation, d/b/a REGENCY OAKS
and REGENCY LAND PARTNERSHIP, a Florida general partnership, to
BARNETT BANK, N.A., a National Banking Association, successor by merger to
BARNETT BANK OF PINELLAS COUNTY, recorded January 10, 1997 in Official
Records Book 9578, Page 301.
23. Assignment of Rents, Leases, Profits, Contracts, Certificates and Licenses from
CLEARWATER LAND COMPANY, a Florida corporation d/b/a REGENCY OAKS
and REGENCY LAND PARTNERSHIP, a Florida general partnership to
BARNETT BANK, N.A., a National Banking Association, successor by merger to
BARNETT BANK OF PINELLAS COUNTY, as contained in instrument recorded
January 10, 1997, in Official Records Book 9578, page 369, as amended by
Amendment recorded September 6, 2001 in Official Records Book 11563, page
2539.
24. UCC-1 Financing Statement from CLEARWATER LAND COMPANY, a Florida
corporation d/b/a REGENCY OAKS to BARNETT BANK, N.A., a National
Banking Association, recorded January 10, 1997 in Official Records Book 9578,
page 385, as amended by UCC-3 Amendments recorded January 6, 1999 in
Official Records Book 10363, page 1499 and recorded September 6, 2001 in
Official Records Book 11563, page 2546 and by UCC Financing Statement
Amendment recorded December 11, 2001 in Official Records Book 11724, page
1332.
25. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
and REGENCY LAND PARTNERSHIP, a Florida partnership to SUNTRUST
BANK CENTRAL FLORIDA, NATIONAL ASSOCIATION, as Trustee under that
certain Amended and Restated Indenture of Trust dated December 6, 1995,
dated January 8, 1997 and recorded January 10, 1997 in Official Records Book
9578, page 429, in the original principal amount of $1,480,900.00. as affected by
Subordination and Confirmation of Priorities Agreement, recorded simultaneously
herewith.
26. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership
(Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee
under that certain Indenture of Trust dated December 6, 1995, dated December
31, 1996 and recorded March 17, 1997 in Official Records Book 9641, page 443,
in the original principal amount of $1,000,000.00, as affected by Subordination
and Confirmation of Priorities Agreement, recorded simultaneously herewith.
Exhibit "B" Exceptions to Deed / Regency A
Page 5 of 9
" .
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~ PINELLRS COUNTY FLR.
OFF,~EC,8K 12517 PG 2028
27. Terms and conditions of Intercreditor And Subordination Agreement recorded
March 17, 1997 in Official Records Book 9641, page 474, as affected by
Subordination and Confirmation of Priorities Agreement, recorded simultaneously
herewith,
28. Terms and conditions of Intercreditor And Subordination Agreement recorded
March 17, 1997 in Official Records Book 9641, page 494, as affected by
Subordination and Confirmation of Priorities Agreement, recorded simultaneously
herewith.
29. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership
(Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee
under that certain Amended And Restated Indenture of Trust dated December 6,
1995, dated March 31, 1997 and recorded April 14, 1997 in Official Records Book
9672, page 536, in the original principal amount of $1,029,100.00, which has
been modified by that certain instrument recorded in official Records Book 9891,
page 453, as affected by Subordination and Confirmation of Priorities Agreement,
recorded simultaneously herewith.
30. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership
(Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee
under that certain Amended and Restated Indenture of Trust dated December 6,
1995, dated June 25, 1997 and recorded October 24, 1997 in Official Records
Book 9883, page 1808, in the original principal amount of $1,219,000.00, as
affected by Subordination and Confirmation of Priorities Agreement, recorded
simultaneously herewith.
31. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership
(Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee
under that certain Amended and Restated Indenture of Trust dated December 6,
1995, dated August 18, 1997 and recorded October 24, 1997 in Official Records
Book 9883, page 1836, in the original principal amount of $1,500,000.00, as
affected by Subordination and Confirmation of Priorities Agreement, recorded
simultaneously herewith. -
32. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership
(Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee
under that certain Amended and Restated Indenture of Trust dated December 6,
1995, dated December 1, 1997 and recorded April 16, 1998 in Official Records
Book 10062, page 1333, in the original principal amount of $3,000,000.00, as
affected by Subordination and Confirmation of Priorities Agreement, recorded
simultaneously herewith. '
Exhibit "B" Exceptions to Deed I Regency A
Page 6 of 9
"
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. P I NE:LLAS COUNTY F"LR
OF"F".RE:C.8K 12517 PG 2027
33. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation
(Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership
(Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, ~.A., as Trustee
under that certain Amended and Restated Indenture of Trust dated December 6,
1995, dated January 23, 1998 and recorded April 16, 1998 in Official Records
Book 10062, page 1363, in the original principal amount of $3,000,000.00, as
affected by Subordination and Confirmation of Priorities Agreement, recorded
simultaneously herewith.
34. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS
TRUSTEE dated September 1, 1998 and recorded January 21, 1999 in Official
Records Book 10379, page 425, as affected by Subordination and Confirmation
of Priorities Agreement, recorded simultaneously herewith.
35. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS
TRUSTEE dated July 16, 1999 and recorded September 14, 1999 in Official
Records Book 10658, page 1147, as affected by Subordination and Confirmation
of Priorities Agreement, recorded simultaneously herewith.
36. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS
TRUSTEE dated July 16, 1999 and recorded September 14, 1999 in Official
Records Book 10658, page 1178, as affected by Subordination and Confirmation
of Priorities Agreement, recorded simultaneously herewith.
37. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS
TRUSTEE dated February 1, 2000 and recorded April 10, 2000 in Official
Records Book 10873, page 30, as affected by Subordination and Confirmation of
Priorities Agreement, recorded simultaneously herewith.
38. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, AS TRUSTEE dated October 16,2000 and recorded January
25,2001 in Official Records Book 11201, page 509, as affected by Subordination
and Confirmation of Priorities Agreement, recorded simultaneously herewith.
39. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, AS TRUSTEE dated December 22, 2000 and recorded
March 20, 2001 in Official Records Book 11273, page 1890, as affected by
Subordination and Confirmation of Priorities Agreement, recorded simultaneously
herewith.
Exhibit "S" Exceptions to Deed I Regency A
Page 7 of 9
.
.PINELLAS COUNTY rLA
r,~EC,8K 12517 PG 2028
40. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, AS TRUSTEE dated June 29,2001 and recorded November
5,2001 in Official Records Book 11660, page 1463, as affected by Subordination
and Confirmation of Priorities Agreement, recorded simultaneously herewith.
41. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to
SUNTRUST BANK, AS TRUSTEE dated February 1, 2002 and recorded April 29,
2002 in Official Records Book 11972, page 1342, as affected by Subordination
and Confirmation of Priorities Agreement, recorded simultaneously herewith.
42. Matters as shown on survey prepared by ZARRA BOYD, INC. dated August 30,
2002 and last revised January 24, 2003, Job No. 1031, as follows:
a) Wood ramp connected to trailer, chain link fence and wood fence
encroach into utility easement recorded in Official Records Book 4946,
Page 839;
b) Chain link fence, wood fence, trailer with wood ramp and shed encroach
into sanitary sewer easement recorded in Official Records Book 5301,
Page 321;
c) Curbing and asphalt parking areas encroach into sanitary sewer easement
recorded in Official Records Book 6743, Page 1771;
d) Portions of a 6 foot high brick wall, concrete curbing and asphalt parking
areas encroach into easements for water and sewer as contained in
Declaration of Easements recorded in Official Records Book 7781, Page
1746, and Official Records Book 8824, Page 1518, as amended in Official
Records Book 9369, Page 774;
e) Retaining wall and 6 foot high brick wall within the power easement
contained in Declaration of Easements recorded in Official Records Book
7781, Page 1746 and in Official Records Book 8824, Page 1518, as
amended in Official Records Book 9369, Page 774;
f) Fence corner for 4 foot chain link fence appurtenant to land south of
captioned premises encroaches into captioned premises by 1 foot;
g) 8 foot concrete retaining wall encroaches into access easement recorded
in Official Records Book 8824, Page 1518;
h) Grate inlets, pump and meter enclosed by 6 foot wood fence, irrigation
control valve box, underground utility vaults, metal tank on concrete slab,
throughout captioned premises;
Exhibit "B" Exceptions to Deed / Regency A
Page 8 of 9
.
~ ~.
ELLRS COUNTY rLR.
Or ,REC.8K 12517 PG 2029
i) Sanitary sewer manholes on the west boundary encroach into land west
and adjoining, the center of one being .3 foot west, and the center of the
other being 1.2 feet east of said west boundary;
j) Overhead wires connecting to power poles, underground gas lines,
sanitary sewer lines and water lines within captioned premises connect to
said wires and lines within the rights of way of 2nd Street East and Soule
Road, and to sanitary sewer line within land south and adjoining and
northwesterly and adjoining;
k) Concrete sidewalk along the east property line encroaches into the
northeast corner of captioned premises;
I) 4 foot concrete sidewalk within the right of way of Soule Road encroaches
into captioned premises by .2 foot;
m) One story masonry building on "Tract B" (Skilled Nursing Center)
encroaches into underground storm line.
10098.103513
#284643 vi - JOHNSON/EZELL - Exhibit "6" Deed Exceptions - Regency A
Exhibit "8" Exceptions to Deed / Regency A
Page 9 of 9
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J
. KARLEEN F. DE BLAKER, CLERK OF COURT
PIHELLAS COUNTY, FLORIDA
'........
-------------------
4C1%017 02-05-2003 09:35:51 MBP
51 OED-SYLVAN, HEALTH F'FllPElmE8
000000
I~:03046785 BK:12517 SF'G:1941 EF'G:1945
RECORD ING 005 PAGES 1 $24.00
DOC STAMP - DR219 3 $3,010.00
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AGeT #
f'~
PREPARED BY AND RETURN TO: DS DR219~
Joan M. Vecchioli, Esq. rJr
Johnson, Blakely, Pope, Bokor, Ruppel & Burns, PA FEES
911 Chestnut Street MTF
Clearwater, Florida 33756 ~~v ~O
TOTAL ~
TOTAL:
CHECK AMI.TENDERED:
, / CHANGE:
BY ~__ DEPUTY CLERK
SPECIAL WARRANTY DEED
THIS INDENTURE made this \ ~~ day of f~\~V"V<Lr7' 2003, between
CLEARWATER LAND COMPANY, a Florida corporation ("Grantor"), whose post office
address is: 18167 U.S. Hwy 19 N., Suite 660, Clearwater, Florida 33764 and SYLVAN
HEALTH PROPERTIES, LLC, a Delaware limited liability company ("Grantee"), whose
post office address is: 18167 U.S. Hwy 19 N., Suite 660, Clearwater, Florida 33764.
WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt
whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised,
released, conveyed and confirmed, and by these presents doth grant, bargain, sell,
alien, remise, release, convey and confirm unto the said Grantee, and its successors
and assigns forever, all that certain interest in land lying and being in the County of
Pinellas, State of Florida, more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein.
SUBJECT to applicable land use and zoning restrictions and to
easements, reservations and restrictions identified on Exhibit "B"
attached hereto, which are specifically not reimposed or extended
hereby, and to taxes for the year 2003 and subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances, with
every privilege, right, title, interest and estate, reversion, remainder and easement
thereto belonging or in anywise appertaining (all of the foregoing together with the
Exhibit "A" land are hereinafter collectively referred to Cis the "Property").
The tax parcel number for the aforedescribed Property is: OS/29/16/00000/210/0000.
The tax identification number for the Grantee is
TO HAVE AND TO HOLD the same in fee simple forever.
$3,034.00
$3,034.00
$.00
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PINtllAS COUNTY rLA
Orr.RtC.SK 12517 PG 1942
And the said Grantor does hereby fully warrant the title to said Property, and will
defend the same against the lawful claims of all persons claiming by, through or under
the Grantor, but against none other.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be
signed the day and year above written.
Signed, Sealed and Delivered
in our presence
Joan M. Vecchio1i
CLEARWATER LAND COMPANY
a Florida corpo~
~
R. KELL Y JOHNSON
As: President
Print Name r
~Cl\^ !,-~ -i- ~il---
s~e '
\: . 10, '" ~ '-- l.,- ~\. ck.
Print Name
STATE OF FLORIDA )
COUNTY OF PINELLAS )
_ . The foregoing instrument was acknowledged before me this \ St~. day of
\- ~\~.{uoo:-~003, by R. KELLEY JOHNSON, as President of CLEARWATER LAND
COMPANY, a Florida corporation, on behalf of the Corporation. He [3-tg--personally
known to me or D has produced - a~~ntification,
~C^/,~ ~~ ~it-
~~~~~:~~:Ii~ \"\ l~-'( t '-, R~~
My commission expires:
#284494 v1 - JohnsonEzell/Regency/B/Deed
.~'iA\'';j:~~ BONNIE L RICH "
i~i i"'K\:~ MY COMMI~SION # DO 0634:;3
~'~'$~ EXPIRES. October 19, 2005
...'.f,iff.,~~" Bonded Thru NolaI\' Public Underwriters
i
2
.
.
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Exhibit "A"
PINELLRS COUNTY FLR,
OFF,REC.8K 12517 PG 1843
TRACT B:
Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range
16 East, Pinellas County, Florida and being further described as follows:
Commence at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 said Section 5;
thence N. 89 degrees 39'20"W., along the South line of the Northeast 1/4 of the Northwest 1/4 of
said Section 5, also being the northerly boundary lines of ROBINWOOD SUBDIVISION,
ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat Book 52, page
99, Plat Book 61, page 38, and Plat Book 95, Page 90, respectively, of the Public Records of
Pinellas County, Florida, for 1015.80 feet to the Point of Beginning: thence continue along said
line N. 89 degrees 39'20"W., for 328.25 feet to the Northwest corner of aforesaid plat of THE
ELKS; thence N. 00 degrees 48'56"E., along the West line of the Northeast 1/4 of the Northwest
1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22'44"E., for 392.31 feet; thence N.
07 degrees 57'17"E., for 29.55 feet; thence S. 42 degrees 51'17"E., for 57.73 feet; thence S. 34
degrees 36'08"E., for 119.85 feet; thence S. 44 degrees 35'25"E., for 107.76 feet; thence S. 33
degrees 40'06"E., for 80.61 feet; thence S. 44 degrees 16'55"E., for 158.55 feet; thence S. 28
degrees 42'43"E., for 45.96 feet; thence S. 14 degrees 10'34"E., for 82.48 feet; thence S. 63
degrees 33'50"W., for 19.88 feet; thence N. 29 degrees 31'38"W., for 78.31 feet; thence S. 47
degrees 45'44"W., for 328.30 feet to the Point of Beginning.
--
Regency Tract B
.
.
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EXHIBIT "B"
EXCEPTIONS
PINELLRS ~~~~~Yp~L~944
OFF .REC.8K
1. Taxes and assessments for the year 2003 and subsequent years, which are not
yet due and payable.
2. Easement in favor of City of Clearwater contained in instrument recorded January
26, 1982 in Official Records Book 5301, page 321.
3. Easement in favor of City of Clearwater contained in instrument recorded March
19,1990 in Official Records Book 7227, page 417.
4. Easement in favor of Florida Power Corporation contained in instrument recorded
January 24,1991 in Official Records Book 7477, page 1429.
5. Terms, conditions, easements and provisions, including provisions for
assessments, as contained in that certain Declaration of Easement recorded
January 9,1992 in Official Records Book 7781, Page 1746, and said easements
granted to SUN BANK, NATIONAL ASSOCIATION, now known as SUNTRUST
BANK CENTRAL FLORIDA, NATIONAL ASSOCIATION, AS TRUSTEE by
instruments recorded in Official Records Book 7781, Page 1757, Official Records
Book 9641, Page 443, Official Records Book 10062, Page 1333, Official Records
Book 10379, Page 425, and Official Records Book 10658, Page 1147, and to
SUNTRUST BANK, AS TRUSTEE by instruments recorded in Official Records
Book 10873, Page 30, Official Records Book 11201, Page 509 and Official
Records Book 11660, Page 1463.
6. Terms, conditions, easements and provIsIons, including provIsions for
assessments, as contained in that certain Declaration of Easements recorded
October 27, 1994 in Official Records Book 8824, page 1518, as amended by First
Amendment to Declaration of Easements recorded June 10, 1996 in Official
Records Book 9369, page 774.
7. Terms and Conditions of Memorandum of Agreement by and between TIME
WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP, a New
York General Partnership and CLEARWATER LAND COMPANY, a Florida
corporation recorded September 2, 1999 .in Official Records Book 10647, page
799.
8. Matters as shown on survey prepared by ZARRA BOYD, INC. dated August 30,
2002 and last revised January 24,2003, Job NO.1 031, as follows:
Exhibit "B" Exceptions to Deed / Regency B
Page 1 of 2
a)
~ ~lNE~~AS COUNTY F~A,
OFf ,REC,BK 12517 PG 1945
Portions of a 6 foot high brick wall, concrete curbing and asphalt parking
areas encroach into easements for water and sewer as contained in
Declaration of Easements recorded in Official Records Book 7781, Page
1746, and Official Records Book 8824, Page 1518, as amended in Official
Records Book 9369, Page 774;
b) Retaining wall and 6 foot high brick wall within the power easement
contained in Declaration of Easements recorded in Official Records Book
7781, Page 1746 and in Official Records Book 8824, Page 1518, as
amended in Official Records Book 9369. Page 774;
c) 8 foot concrete retaining wall encroaches into access easement recorded
in Official Records Book 8824, Page 1518;
d) Grate inlets, pump and meter enclosed by 6 foot wood fence, irrigation
control valve box, underground utility vaults, metal tank on concrete slab,
throughout captioned premises;
e) One story masonry building (Skilled Nursing Center) on captioned
premises encroaches into underground storm line.
10098.103513
#284648 v1 - JOHNSON/EZELL - Exhibit "S" Deed Exceptions - Regency S
Exhibit "8" Exceptions to Deed I Regency 8
Page 2 of 2
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CLWCoverSheet
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FLD2003-03016
2770 REGENCY OAKS BLVD
Date Received: 3/19/2003
REGENCY OAKS
ZONING DISTRICT: I
LAND USE: INS
ATLAS PAGE: 255A
CK. -NO.
DATE
RECEIVED
MAR 1 9 2003
PLANNINu & UEVaOPMENT
SERVICES
CITY OF CLEARWATER
~"...~~:...
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CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLFARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUilDING, 100 SOUTH MYRTI.E AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (]27) 562-4567 FAX (727) 562-4576
loNG RANGE PlANNING
DEVELOPMENT REviEW
June 3, 2003
Mr. E. D. Armstrong III Esquire
Johnson, Pope, Bokor, Ruppel & Bums, P.A.
P.O. Box 1368
Clearwater, FL 33757-1368
RE: Development Order - Case FLD2003-03016 - 2701,2720,2751 and 2770 Regency Oaks
Boulevard
Dear Mr. Armstrong:
This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community
Development Code. On May 20, 2003, the Community Development Board reviewed your
Flexible Development request to permit on Tract A: an existing, 530-bed assisted living facility
(ALF), with an increase in height from 50 feet to 65.9 feet for two existing, five-story buildings,
reductions of the side (west and south) setbacks from 20 feet to zero feet (to pavement) and a
reduction of the required parking spaces from 588 spaces to 494 spaces, and to permit on Tract
B: an existing 120-bednursing home, with a reduction of the front (east) setback from 25 feet to
zero feet (to pavement) and reductions of the side (north) setback from 10 feet to zero feet (to
pavement), as part of a Comprehensive Infill Redevelopment Project, under the provisions of
Section 2-1204.A. The Community Development Board (CDB) APPROVED the application
with the following bases and conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-1204.A.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area.
Conditions of Approval:
1. That approval of this request be subject to the approval of the companion Case LUZ2003-
03002;
2. That the three parcel identification numbers for Tract A be recombined by the Pinellas
County Property Appraiser under one parcel number with one owner or a Unity of Title
document be recorded in the public records tying the three parcel identification numbers
together as one parcel for Tract A by December 31, 2003;
BRIAN]. AUNGST, MAYOR-COMMISSIONER
HoY!" HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL JONSON, COMMISSIONER
"EQUAL EMPLOYMENT Al'm AFFIRMATIVE ACTION EMPLOYER"
\.
.
.
June 3, 2003
Armstrong - Page Two
3. That any future division of either Tract A or Tract B be subdivided in accordance with City
subdivision regulations;
4. That the applicant submit site and building plans for staff review by December 31, 2003, for
the purpose of obtaining building permits to relocate the maintenance building and shed
existing in the northwest comer of Tract A outside of the 15-foot wide utility easement and to
meet the required side setback of 10 feet. The site plan shall include a continuous hedge or
vines to be planted along the west property line adjacent to the office building for screening
and buffering purposes. The continuous hedge or vines shall be planted in an amount and
location acceptable to staff and allowed to grow to a six-foot height (within a three year time
period); and
5. That any future freestanding signage be designed as a monument sign at a maximum height
of six feet above grade and consistent with the materials and color as the principal building or
the brick frontage wall.
Pursuant to Section 4-407, an application for a building permit shall be made by the date above
within Condition #4. All required certificates of occupancy shall be obtained within one year of
the date of issuance of the building permit. Time frames do not change with successive owners.
The Community Development Board may grant an extension of time for a period not to exceed
one year and only within the original period of validity.
The issuance of this Development Order does not relieve you of the necessity to obtain any
building permits or pay any impact fees that may be required. In order to facilitate the issuance
of any permit or license affected by this approval, please bring a copy of this letter with you when
applying for any permits or licenses that require this prior development approval.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated
pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days
of the date of this Development Order. The filing of an application/notice of appeal shall stay the
effect of the decision pending the final determination of the case. The appeal period for your
case expires on June 17,2003 (14 days from the date of this Development Order).
If you have any questions, please do not hesitate to call Wayne M. Wells, Senior Planner, at 727-
562-4558. You can access zoning information for parcels within the City through our website:
www.clearwater-fl.com.
~~
Cynthia Tarapani, AICP
Planning Director
IIMS5clPDSIPlanning DepartmentlC D BlFLEXlPending cases I Up for the next CDBIRegency Oaks 2770 Regency OakslRegency Oaks 2770
Development Order. doc
Message
.
.
Page 1 of 1
Wells, Wayne
From: Jayne E. Sears [JayneS@jpfirm.com]
Sent: Thursday, May 15, 2003 3:36 PM
To: wwells@clearwater-f1.com
Cc: Steve Fraser; Neil Ezell; ED. Armstrong
Subject: Regency FLD2003-03016
The conditions are acceptable to the applicant. Please keep us on the consent agenda.
According to Tom Baynard (464-3979) at the Pinellas County Property Appraiser's office, the recombination of
the tax parcels is complete. The Regency Oaks, LLC parcel is number 05-29-16-00000-210-0000. The Sylvan
Health Properties, LLC parcel is number 05-29-16-00000-210-0300.
Please call me if you need any information (or receive any opposing phone calls) prior to the hearing. Thanks
Wayne.
PLEASE NOTE MY NEW EMAIL ADDRESS-iaynes@ipfirm.com (The firm name has changed to Johnson,
Pope, et al and the "b" was dropped from the email address.)
Jayne E. Sears
Legal Assistant
Johnson, Pope, Bokor,
Ruppel & Bums, PA
911 Chestnut Street
Clearwater, FL 33756
(727) 461-1818
5/15/2003
.
.
Facsimile Cover Sheet
To: Wayne Wells
Company: City of Clearwater
Phone: 562..4558
Fax: 562..4576
From: Jayne E. Sears, Legal Asst.
Client Name: Regency
ClientlMatter Number: .106632
Da~: April 18,2003
Pages including this
cover page: 1-
Comments
Wayne, for your info. - attached is a copy of the request we made of the Pinellas
County Property Appraiser on 2/5/03. As I mentioned in the Compo Infill application
(see attached), the mapping division was locked out from making changes to the tax
rolls. I left a message for someone in the Mapping Division to inquire as to the status
and I will give you an update next week.
lho illformatioll cont:llncd in.this tr311!;t1\imon mllY be 3lt_oy/;licnt privil.d and tbcrcfore coll1icl;mtiol. This iuJormatl.)n h ,nt""eted only for the _ of the
individual ot ontity nRmed .blJVo. Iflhe reader ofthi. ~e ;, loot the inleYlded rccipitml. you .rc ~cfeby I\ocir.ed tblll. my etj=milllllion, di.tribulion or copy of \hi.
eommunieDlion i. strictly pt'Ohibitzd. lfyou rooe;1Ie liIi. lraDJalin_ in enol or if you ...., not the u-c\ivictuaJ or cl\tity nI"""et above, the recoip~ oflbis tr8llBmj!<~inh lS
not intended to lIlId does not W8iva any privilege. albNy/ctieJ)\ 01 Olllerwisc. l(yo" have reoelwd lhi:; communicariol\ i n ~rror. please l1oti1Y w: by Ilolcphonc, eollllCl.
and retwn the origin.1 ff\e8S11g1: to us lit the above add,.,.,. vip U.S. Postal Servi... You will be ..irnboned for 81\Y pos.-.g<: or my other oxpon... .~gQ(;jated with the
rotlJm ottl1ia documenL thlllk you.
AMOUNT: $
9v9-~ VO/lO d 6Zv-l
1199lvvlZH
A13~t18'NOSNHor-WOJ~ Wd9V: lO EO-91-vO
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JOHNSON. BLAKELY. POPE, BOKOR. RCPPEL & BUR~S. P.A
"rTOI~NI)YS ...~D COL''\::;E:'':''Q~S';' :.AW
~. D. ARMSTRONG III
JOHN T. BLAKELY
BRl;cE i-I BOKOR
JOHN R aONNER. SR.'
Gty ,,1. I3URNS
JONA'fHAN S. COLEMAN
\.iICHAEL T. CRONIN
ELIZABETH). DANIELS
BECKY ~l:AAl!l.l,..ANiON
CULLliE'"~. I'L YNN
.'-IARION loIALE
SC'C)TT C I LG E>J ~Rl"Z
FRM'iK fl. ,lAKES
'!'IMOTHY .'\. JUH1\SO'-;,.I1l
SHARON E KRICK
ROGER A LARSON
JOHN R. LAWSON. JR"
LSANNE LETIZE
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S':'':?;-;'';".6 T \IAlll)I.\RDT
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;OA~ 'yl. VijI:;:CI-lIOL:
STev~" H. wE1NBE;lCiER
JOSEPlo! J. WEISSMA.'\
'QF COUNSEL
P~!;:...;SE REPL Y TQ CLEARWATeR
.'lE NO 10098.1 03S 13
~ebruary 5, 2003
Via Hand DeliveOl
Mr. Charlie Dye
Director of Mapping
Pinellas County Property Appraiser's Office
315 Court Street, 2nd Floor
Clearwater. FL 33756
Re: Regency Oaks/Reconfiguration of Tax ;;:larcels
05/29/16/00000/210/ClOOO
05/29/16/00000/210/0100
05/29/16/00000/210/0200
Dear Mr. Dye:
We represent Clearwater Land Company, the seller of tile referenced property.
Enclosed for your information are copies of the following deeds, which were delivered to
the Pinellas County Clerk of Circui1 Court for recording today:
1. Special Warranty Deed from Clearwater Land Company to Regency
Oaks, LLC. conveying lands hereinafter referred to as "Tract A"; and
2. Special Warranty Deed from ClealWa~er Land Company to Sylvan Health
Properties. LLC, conveying lands hereinafter referred to as "Tract B "
Tract A and Tract B COr'lprise all of the referencec tax parcels, Please
recombine the existing tax parcels and then split them Into two remaining tax parceis,
such that each of Tract A and Tract B will have a unique tax parcel identification
number. For your information, there were three separate adjacent tax parcels under
common ownership prior to this transfer due tc cifferent phas3s of the project and/or
mortgagees of the property.
C~EAIl,WATEkOFFICE
911 CJoII!STNUT ST.
POST OFFICE BOX 1368
CLeARWATEIt FLORiDA JJ7S7.13Cl6
9~9-~ ~O/ZO'd 6Z~-1
TAMPA OFFICE
100 N. TAMPA ST
SUITE 1800
pOST OFFICE aox 1100
.......... ..., ,",",n", , "'otr\' I '''"'
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JOHNSON , BLAKELY. POPE, BOKOR, RUPPEL & BUR;.JS, P .A.
.\rTO~DIJ;vt; .\\10 cO\JlII~I'.LLOIU .\T LAlli
Mr. Charlie Dye
Director of Mapping
February 5. 2003
Page 2
If you have any questions in connection with this request. please contact my
legal assistant, Jayne Sears. or me as soon as possible.
Very truly yours,
JOHNSON, BLAKELY, POPE, BOKOR,
RUPPEL & BURNS, P .Il..
~~7M~.
c:J6an~M. Vecchioli
JMV/js
encls.
cc: Mr. Neil Ezell
Samuel Queirolo, Esquire
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The attached site plan depicts exisitinQ development. Applicants are not proposing any
new development as part of this application.
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The City -requested that no additiclnal tax parcels be created as a res~lt~i. trarfSfer..o.f
ownership of the property. At thE~ time of acquisition of the property, the Applicants "'-,
requested that the Mapping Division of the Pinellas County Property Appraiser's office
consolidate the property into two tclX parcels-one for Tract A ~Jnd one for Tract B. It is
our understanding from speaking 10 the Mapping Division that they have been "locked
out" of the tax rolls as to any mapping changes since February 7, but it is expected that
the Mapping Division will be able to commence updating the 'nformation after April 7, /
2003. Therefore, the existing 3 tax parcels are referred to in this application. ___/
-----
~....-------"-
General Applicability Criteria:
1) The proposed development of the land will be in harmony with the scale,
bulk, coverage, density and character of adjacent properties in which it is
located.
The neighborhood has not changed significantly since the project was
constructed in 1991. Regency Oaks functions as a community served by internal
driveways and buffered from adjacent parcels by a six-foot high brick entrance
wall along Soule Road which extends along the northern and southern
boundaries of the site. The use is compatible with the msidential neighborhoods
to the north and south. There is office use located to the west and Sylvan Abbey
Memorial Park is located to the east of the site, across Soule Road. There is a
strip of "Preservationll lands in the southwesterly corner ()f the site which extends
into a larger tract of "Preservationll located south of the property.
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.
There is no new developmEmt proposed. The relief wt1ich is sought relative to
height and setbacks does not impact adjoining parcels. The northerly five-story
building is set back from the perimeter of the project by 203.1 feet and the
southerly five-story building is set back from the perimeter of the project by
226.91 feet. The zero setbacks of parking area are internal to the site.
3) The proposed development will not adversely affect the health or safety of
persons residing or workirlg in the neighborhood of the proposed use.
This is an existing, well-mnintained development. Approving existing parking
setbacks. reduced number of parking spaces and building height increases will
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PlANNING DEPARTMENT
March 26, 2003
Mr. Ed Armstrong ill
Johnson, Blakely, Pope, Bokor, Roppel & Burns, P.A.
P.O. Box 1368
Clearwater, FL 33757-1368
RE: Application for Flexible Development approval to permit an assisted living facility and a
nursing home for existing tenants, with an increase in height from 50 feet to 65.9 feet for
two existing, five-story buildings located on Tract A, with a reduction of the front (east)
setback on Tract B from 25 feet to zero feet (to pavement), reductions of the side (north)
setback on Tract B from 10 feet to zero feet (to pavement), reductions of the side (west
and south) setbacks on Tract A from 20 feet to zero feet (to pavement) and a reduction of
the required parking spaces from 588 spaces to 494 spaces for the assisted living facility
on Tract A, as part of a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-1204.A for property located at 2720 and 2770 Regency Oaks
Boulevard.
Dear Mr. Armstrong:
The Planning staff has reviewed your application for Flexible Development approval to permit an
assisted living facility and a nursing home for existing tenants, with an increase in height from 50
feet to 65.9 feet for two existing, five-story buildings located on Tract A, with a reduction of the
front (east) setback on Tract B from 25 feet to zero feet (to pavement), reductions of the side
(north) setback on Tract B from 10 feet to zero feet (to pavement), reductions of the side (west
and south) setbacks on Tract A from 20 feet to zero feet (to pavement) and a reduction of the
required parking spaces from 588 spaces to 494 spaces for the assisted living facility on Tract A,
as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-
1204.A for property located at 2720 and 2770 Regency Oaks Boulevard. After a preliminary
review of the submitted documents, staff has determined that the application is complete and
assigned Case No. FLD2003-03016 to your application.
The Development Review Committee will review the application for sufficiency on April 17,
2003, in the Planning Department conference room - Room 216 - on the second floor of the
Municipal Services Building, 100 South Myrtle Avenue, in Clearwater. Please call Sherrie
Nicodemus at 562-4582 no earlier than one week prior to the meeting date for the approximate
time that your case will be reviewed. You or a representative must be present to answer any
questions that the committee may have regarding your application.
BRlAN J. AUNGST, MAYOR-COMMISSIONER
WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER
FRANK HIBBARD, COMMISSIONER * BILL JONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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March 26, 2003
Armstrong - Page 2
If you have any questions, please do not hesitate to call me at 727-562-4504. You can access
zoning information for parcels within the City through our website: www.clearwater-fl.com.
Sincerely,
~'7:w::'Ji/~
Senior Planner
\IMS5cIPDS\Planning DepartmentlC D BIFLEXlPending caseslUpfor the next DRClRegency Oaks 2770 Regency OakslRegency Oaks 2770
Complete Letter.doc
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CDB Meeting Date: May 20. 2003
Case Number: FLD2003-03016
Agenda Item: B8
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
OWNERS/APPLICANTS: Regency Oaks, LLC and Sylvan Health Properties, LLC
REPRESENTATIVE:
E. D. Armstrong ill, Esquire
LOCATION:
2701,2720,2751 and 2770 Regency Oaks Boulevard.
REQUEST:
Flexible Development approval to permit on Tract A: an existing,
530-bed assisted living facility (ALF), with an increase in height
from 50 feet to 65.9 feet for two existing, five-story buildings,
reductions of the side (west and south) setbacks from 20 feet to zero
feet (to pavement) and a reduction of the required parking spaces
from 588 spaces to 494 spaces, and to permit on Tract B: an
existing 120-bed nursing home, with a reduction of the front (east)
setback from 25 feet to zero feet (to pavement) and reductions of the
side (north) setback from 10 feet to zero feet (to pavement), as part
of a Comprehensive Infill Redevelopment Project, under the
provisions of Section 2-1204.A.
PLANS REVIEWED:
Site plan submitted by Florida Design Consultants, Inc.
SITE INFORMATION:
PROPERTY SIZE:
39.61 acres total; Tract A - 33.77 acres; Tract B - 5.84 acres.
DIMENSIONS OF SITE:
1307 feet of frontage along Soule Road by 1311 feet of depth.
PROPERTY USE:
Current Use:
Proposed Use:
Tract A - 530-bed assisted living facility; Tract B - 120-bed nursing
home.
Tract A - 530-bed assisted living facility; Tract B - 120-bed nursing
home.
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page I
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PLAN CATEGORY:
Current:
Proposed:
RU, Residential Urban, I, Institutional and P, Preservation
Classifications.
I, Institutional and P, Preservation Classifications.
ZONING DISTRICT:
Current:
Proposed:
LMDR, Low Medium Density Residential District, I, Institutional
District and P, Preservation District.
I, Institutional District and P, Preservation District.
ADJACENT LAND USES: North: Single-family dwellings.
West: Mobile home park and offices.
East: Cemetery.
South: Single-family dwellings and Elks Lodge.
CHARACTER OF THE
IMMEDIATE VICINITY: The surrounding area is primarily residential in character, with the
exception ofthe cemetery to the east and offices to the northwest.
ANALYSIS:
The square site is 39.61 acres located on the west side of Soule Road approximately 1000 feet
north of the Sunset Point Road. The overall site is presently developed with a 530-bed ALF and a
120-bed nursing home. The property to the east across Soule Road is developed with a cemetery.
Office uses and a mobile home park are located adjacent to the west. Single-family dwellings are
adj acent to the north and south.
The site is presently zoned LMDR, Low Medium Density Residential District, I, Institutional
District and P, Preservation District. There is a related request (LUZ2003-03002) to amend the
land use classification from Residential Urban to Institutional and to rezone from LMDR District
to Institutional District, so that the overall property is classified and zoned Institutional and
Preservation. The existing ALF on Tract A is a nonconforming use under the existing LMDR
District. The land use and rezoning request would change the existing ALF from a nonconforming
use, to a conforming useand to allow for the future expansion of the nursing home on Tract B
under conforming land use and zoning.
The Regency Oaks project was constructed in 1991. The applicant is seeking to legitimize the
property lines for Tracts A and B. Tract A is developed with a 530-bed ALF and Tract B is
developed with a 120-bed nursing home. The applicant sought to divide the property, to provide
for the sale of the nursing home separately from the assisted living facility. The new lot lines
create internal zero setbacks (to pavement) and do not affect surrounding properties. Zero
setbacks to pavement would have been created, regardless of how or where lot lines were placed
on the drawing. There are no buildings or pavement proposed with this request. The applicant
also seeks to reduce the required parking for the ALF on Tract A from 588 spaces to the existing
494 spaces. Parking has been determined to be adequate for the existing number of beds and staff,
as many parking spaces are not used on any given day. Many of the residents do not own vehicles
and there are alternative means of transportation (ALF buses).
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 2
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The existing five-story ALF buildings on Tract A are nonconforming under the current zoning and
exceed the allowable height under the proposed Institutional District. The applicant seeks to have
the existing height of 65.9 feet approved through the Comprehensive Infill Redevelopment Project
use request, to allow for reconstruction in the event of damage or destruction in excess of 50
percent of the structures' valuations. These structures are located centrally in the site and do not
encroach upon the abutting single-family dwellings to the north and south. The existing tree
canopy helps mitigate the height of buildings, effectively screening or minimizing their view from
adjoining streets and development.
A brick wall (six feet in height) enhanced with external landscaping exists along the street
frontages of Soule Road (on the east) and Union Street (on the north). The site is otherwise
buffered from adjacent single-family properties along the north and south sides by a six feet high
solid wood fence. Wetland vegetation and a six feet high hedge provide buffering along the west
property line.
There is a common maintenance area located in the northwest comer of Tract A, which includes
their trash container. The applicant is proposing to relocate a shed, ramp and maintenance trailer
outside of an existing 15-foot wide utility easement. The shed, ramp and maintenance trailer must
be relocated to meet a 10-feet side setback, as well as not encroaching into the utility easement.
The west side of this maintenance area should also be enhanced with a continuous hedge or vines
for buffering of the adjacent offices.
The only existing signage is located on the brick wall on both sides of the site entrance on Soule
Road. The applicant is not proposing any changes to signage. Directional signs that are not
readable from abutting roadways are located within the property to direct drivers to various
buildings on-site. Any future freestanding signage should be designed as a monument sign at a
maximum height of six feet above grade consistent with the materials and color as the principal
building or the brick frontage wall.
CODE ENFORCEMENT ANALYSIS:
There are no outstanding enforcement issues associated with this site.
A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN
THE INSTITUTIONAL DISTRICT (Section 2-1201.1):
STANDARD REQUIRED/ EXISTING PROPOSED IN
PERMITTED COMPLIANCE?
DENSITY I - 12.5 du/acre; Tract A - Tract A - Yes
P - 1 du/acre; 3 Assisted Li ving Assisted
beds = 1 du Facility - 530 Living Facility
(Tract A = 1,194 beds; - 530 beds;
beds; Tract B = Tract B - Tract B -
192 beds) Nursing Home - Nursing Home
120 beds. - 120 beds.
Staff Report - Conununity Development Board - April 15, 2003 - Case FLD2003-01002 - Page 3
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B. FLEXIBLE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL
REDEVELOPMENT PROJECTS IN THE INSTITUTIONAL DISTRICT (Section 2-
1004):
STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
LOT AREA N/A Tract A - 33.77 Tract A - 33.77 Yes
(minimum) acres; acres;
Tract B - 5.84 Tract B - 5.84
acres acres
LOT WIDTH N/A 1,307 feet 1, 307 feet Yes
(minimum) (along Soule (along Soule
Rd); 670 feet Rd); 670 feet
(along Union St) (along Union St)
FRONT N/A Tract A: Tract A: Yes
SETBACK North: 10 feet (to North: 10 feet (to
wall); 50 feet (to wall); 50 feet (to
pavement); 227 pavement); 227
feet (to building) feet (to building)
East: 10 feet (to East: 10 feet (to
wall); 73 feet (to wall); 73 feet (to
pavement); 100 pavement); 100
feet (to building) feet (to building)
Tract B: Tract B:
East: zero feet East: zero feet
(to pavement) (to pavement)
REAR N/A N/A N/A N/A
SETBACK
SIDE N/A Tract A: Tract A: Yes
SETBACK North: 29.6 (to North: 29.6 (to
pavement); five pavement); five
feet (to mainten- feet (to mainten-
ance building) ance building)
West: 1.4 feet (to West: 1.4 feet (to
shed); 45 feet (to shed); 45 feet (to
pavement); pavement);
South: 80 feet (to South: 80 feet (to
pavement); pavement);
Tract B: Tract B:
North: zero feet; North: zero feet;
West: 85 feet (to West: 85 feet (to
pavement) pavement)
South: 70 feet South: 70 feet
(to pavement) (to pavement)
HEIGHT N/A Tract A: 65.9 Tract A: 65.9 Tract A: No,
maximum feet feet increase requested
Tract B: 15 feet Tract B: 15 feet Tract B: Yes
Staff Report- Community Development Board- April 15, 2003 - Case FLD2003-01002 - Page 4
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STANDARD PERMITTED/ EXISTING PROPOSED IN
REQUIRED COMPLIANCE?
PARKING Determined by Tract A: 494 Tract A: 494 Tract A: No,
SPACES the Community spaces spaces reduction
minimum Development Tract B: 79 Tract B: 78 requested
Director based spaces spaces Tract B: Yes
on the specific
use and! or ITE
Manual
standards (one
space/1 000 sf;
Tract A: 588
required spaces;
Tract B: 42
required spaces
C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS IN THE INSTITUTIONAL DISTRICT (Section 2-1204.A):
1. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from the use, intensity and development
standards.
The applicant is seeking to legitimize the property lines for Tracts A and B. Tract A is
developed with a 530-bed ALF and Tract B is developed with a 120-bed nursing home.
The setback reductions requested are internal to the overall property and do not affect
surrounding property. There are no buildings or pavement proposed with this request.
The Regency Oaks project was constructed in 1991. The existing five-story ALF
buildings on Tract A are nonconforming today under the current zoning and exceed the
allowable height under the proposed Institutional District. The applicant seeks to have
the existing height of 65.9 feet approved through the Comprehensive Infill
Redevelopment Project request, to allow for reconstruction in the event of damage or
destruction in excess of 50 percent of the building valuations. The applicant also seeks to
reduce the required parking for the ALF on Tract A from 588 spaces to the existing 494
spaces. Parking is adequate for the existing number of beds and staff, as many parking
spaces are not used on any given day. Many of the residents do not own vehicles and
there are alternative means of transportation (ALF buses).
2. The development of the parcel proposed for development as a Comprehensive Infill
Redevelopment Project will not reduce the fair market value of abutting properties.
The primary purpose of this request is to legitimize the property lines for Tracts A and B.
There are no buildings or pavement proposed with this request. As such, there will be no
changes to values of the subject properties or of surrounding properties. The current
assessed value of the property (all under Tract A for 2002 valuations) is $23,848,700.
The five-story ALF buildings are located generally in the center of the property, set back
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 5
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250 to the east property line, 267 feet to the north property line, 275 feet to the west
property line and 227 feet to the south property line. The nursing home is set back 219
feet to the west property line and 86 feet to the south property line. The zero setbacks
proposed are internal to the development and are to pavement only.
3. The uses within the Comprehensive Infill Redevelopment Project are otherwise
permitted in the City of Clearwater.
The City of Clearwater permits assisted living facilities and nursing homes as Minimum
Standard Development uses in the Institutional District.
4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is
compatible with adjacent land uses.
The Regency Oaks project was constructed in 1991. There are single-family dwellings
adjacent to the south and to the north (a portion are across Union Street). Along the south
property line a six-foot high solid wood fence exists, as well as significant tree canopy.
The existing southern building on Tract A is located 227 feet from the south property
line, while the nursing home is set back 86 feet from the south property line. Pavement is
located no closer than 70 feet to the south property line adjacent to the single-family
dwellings. A cemetery exists across Soule Road. A six feet high brick wall along Soule
Road and Union Street provides screening and buffering of the existing buildings along
these roadways and from adjacent uses. Along the north property line otherwise is a six-
foot high solid wood fence. The northern building on Tract A is set back 267 feet from
the north property line. The closest pavement exists to the north property line is 29 feet
in the northwest comer. An office building and mobile home park exist to the west of
this development. A wetland area and significant tree canopy exist along most of the
west property line providing buffering to the adjacent uses. The existing development is
compatible with the existing surrounding uses, due to the significant building setbacks,
the six-foot high fences and walls and significant tree canopy to provide buffering and
screening/filtering of views from adjacent properties.
Staff does note that a maintenance building and shed exist in the northwest comer of
Tract A, encroaching into a utility easement and into required setbacks. The applicant has
indicated that these buildings will be relocated outside of the IS-foot wide utility
easement and will meet the required side setback of 10 feet. A continuous hedge or vine
should be planted along the west side property line chain link fence and allowed to grow
to a six-foot height. The relocation of the existing buildings and installation of the hedge
or vines will bring the maintenance area into compatibility with the adjacent single-family
dwellings and office use.
5. Suitable sites for development or redevelopment of the uses of mix of uses within the
Comprehensive Infill Redevelopment Project are not otherwise available in the City
of Clearwater.
This is an existing nonconforming development relating to density and use. The
applicant through the land use plan amendment and rezoning of the property seeks to
Staff Report - Conununity Development Board - April 15, 2003 - Case FLD2003-01002 - Page 6
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bring the use and density into compliance with the Comprehensive Plan and zoning
regulations. In addition, in the unlikely event of major damage or destruction of the
buildings, the applicant desires the right to reconstruct the uses and buildings as they
presently exist. Finally, the primary purpose of this request is to legitimize the lot lines
and setbacks to pavement of Tracts A and B. The uses and buildings are well suited for
this location.
6. The development of the parcel proposed for development as a Comprehensive Infill
Redevelopment Project will upgrade the immediate vicinity of the parcel proposed
for development.
Both Tracts A and B are presently developed. There is no proposed development of
buildings or pavement. The existing development is compatible with the surrounding
area. The site is well maintained with regard to buildings and landscaping. The primary
purpose of this request is to legitimize the lot lines and setbacks to pavement of Tracts A
and B. Approval ofthe request will not change the appearance of the overall project as it
exists today and will not degrade the surrounding area.
7. The design of the proposed Comprehensive Infill Redevelopment Project creates a
form and function which enhances the community character of the immediate
vicinity of the parcel proposed for development and the City of Clearwater as a
whole.
The existing Regency Oaks project, consisting of the 530-bed ALF on Tract A and the
120-bed nursing home on Tract B, is well maintained both in their facilities and
landscaping. The excessive building setbacks and buffering (fences, walls and extensive
tree canopy) provides a very compatible project for the surrounding area and for the City
in general.
8. Flexibility in regard to lot width, required setbacks, height and off-street parking
are justified by the benefits to community character and the immediate vicinity of
the parcel proposed for development and the City of Clearwater as a whole.
The applicant sought to divide the property to provide for the sale of the nursing home
separately from the ALF. The lot lines create zero setbacks (to pavement), which will not
be apparent to the general public due to being internal to the overall project. Zero
setbacks to pavement would be created no matter how or where lot lines are placed on a
drawing. The requested height increase is to recognize two existing buildings and is not
intended for the purpose of constructing any additional improvements. The parking
reduction requested recognizes existing parking that has been adequate for the existing
development on Tract A. The overall project is well maintained with regard to buildings
and landscaping. The extensive buffering and excessive setbacks to buildings promote a
compatible use with the surrounding area.
9. Adequate off-street parking in the immediate vicinity according to the shared
parking formula in Division 14 of Article 3 will be available to avoid on-street
parking in the immediate vicinity of the parcel proposed for development.
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 7
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Based on current Code requirements of one space for each 1,000 square feet of floor area,
the assisted living facility requires a total of 588 parking spaces. There are presently 494
parking spaces on Tract A for the ALF. The applicant is requesting to reduce the parking
required to that presently existing, at ratio of one space for each 1,190 square feet.
Parking, based on visual inspection, is adequate for this existing use, as there have been
many unused parking spaces available. The applicant has submitted information from
ITE Parking Generation. 2nd Edition that provides a combined parking requirement of 176
parking spaces (for both the ALF and nursing home). Adequate on-site parking exists to
avoid on-street parking. The applicant is upgrading the handicap parking on both Tracts
A and B to ensure the handicap parking is properly located and designed to meet Code
requirements (striping, signage and access routes
D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the
Community Development Coordinator and the Community Development Board
pursuant to a Level One or a Level Two Approval shall ensure that:
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 Regency Oaks project was constructed in 1991. There are single-family dwellings
adjacent to the south and to the north (a portion are across Union Street). Along the south
property line a six-foot high solid wood fence exists, as well as significant tree canopy.
The existing southern building on Tract A is located 227 feet from the south property line,
while the nursing home is set back 86 feet from the south property line. Pavement is
located no closer than 70 feet to the south property line adjacent to the single-family
dwellings. A cemetery exists across Soule Road. A six feet high brick wall along Soule
Road and Union Street provides screening and buffering of the existing buildings along
these roadways and from adjacent uses. Along the north property line otherwise is a six-
foot high solid wood fence. The northern building on Tract A is set back 267 feet from the
north property line. The closest pavement exists to the north property line is 29 feet in the
northwest comer. An office building and mobile home park exist to the west of this
development. A wetland area and significant tree canopy exist along most of the west
property line providing buffering to the adjacent uses. The existing development is
compatible with the existing surrounding uses, due to the significant building setbacks, the
six - foot high fences and walls and significant tree canopy to provide buffering and
screening/filtering of views from adjacent properties.
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.
There is no new development of buildings or parking proposed with this request. The
applicant is seeking primarily to legitimize the lot lines and setbacks to pavement of Tracts
A and B. The lot lines create zero setbacks (to pavement), which will not be apparent to
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 8
.
.
the general public due to being internal to the overall project. The height increase and the
parking reduction are for existing conditions (building height and parking provided).
Consideration of this request will not hinder or discourage the appropriate development of
property in the surrounding area, nor adversely affect the value of surrounding properties.
3. The proposed development will not adversely affect the health or safety or persons
residing or working in the neighborhood of the proposed use.
The Regency Oaks project was constructed in 1991 and the overall site is well maintained
with regard to buildings and landscaping. There is no new development of buildings or
parking proposed with this request. Existing driveway connections to Soule Road to the
east and Union Street to the north will remain and no new driveways are proposed.
Adequate parking, even with the reduction requested, is presently being provided.
Sidewalks exist along the street frontages of Soule Road and Union Street for pedestrian
safety and recreational purposes. The lot lines between Tracts A and B create internal zero
setbacks (to pavement), which will not be apparent to the general public. The height
increase and the parking reduction are for existing conditions (building height and parking
provided). Overall, this request will not adversely affect the health or safety of persons
living or working in the surrounding neighborhood.
4. The proposed development is designed to minimize traffic congestion.
Existing driveway connections to Soule Road to the east and Union Street to the north will
remain and no new driveways are proposed. Adequate parking, even with the reduction
requested, is presently being provided. There is no new development of buildings or
parking proposed with this request. Staff is unaware of any traffic congestion issues to-
date with this development. Generally, trip generation rates for these uses are very low in
relation to other residential uses.
5. The proposed development is consistent with the community character of the
immediate vicinity of the parcel proposed for development.
The existing development is consistent with the character of the immediate vicinity and is
appropriate at this location. The existing development is compatible with the existing
surrounding uses, due to the significant building setbacks, the six-foot high fences and
walls and significant tree canopy to provide buffering and screening/filtering of views from
adjacent properties.
6. The design of the proposed development minimizes adverse effects, including visual,
acoustic and olfactory and hours of operation impacts, on adjacent properties.
Existing buildings are set back from outside property lines significantly greater than the
minimum setback requirements of the mstitutional District. The existing development is
screened from view from Soule Road and Union Street by a six-foot high brick wall or
solid wood fencing. Additionally, significant tree canopy exists around and internally to
the site to filter or obscure views of the buildings. As a retirement center and nursing
home, noise generated from the uses is minimal and normal residential hours of operation
Staff Report- Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 9
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are employed. The overall development employs a centralized on-site waste collection
system, with the trash container located in the northwest comer of Tract A. The lot lines
between Tracts A and B create internal zero setbacks (to pavement), which will not be
apparent to the general public. The height increase and the parking reduction are for
existing conditions (building height and parking provided).
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on April
17, 2003. The Planning Department recommends APPROVAL of the Flexible Development
request to permit on Tract A: an existing, 530-bed assisted living facility, with an increase in
height from 50 feet to 65.9 feet for two existing, five-story buildings, reductions of the side (west
and south) setbacks from 20 feet to zero feet (to pavement) and a reduction of the required parking
spaces from 588 spaces to 494 spaces, and to permit on Tract B: an existing 120-bed nursing
home, with a reduction of the front (east) setback from 25 feet to zero feet (to pavement) and
reductions of the side (north) setback from 10 feet to zero feet (to pavement), as part of a
Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A, for the
site at 2701, 2720, 2751 and 2770 Regency Oaks Boulevard, with the following bases and
conditions:
Bases for Approval:
1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill
Redevelopment Project per Section 2-1204.A.
2. The proposal is in compliance with other standards in the Code including the General
Applicability Criteria per Section 3-913.
3. The development is compatible with the surrounding area.
Conditions of Approval:
1. That approval of this request be subject to the approval of the companion Case LUZ2003-
03002;
2. That the three parcel identification numbers for Tract A be recombined by the Pinellas County
Property Appraiser under one parcel number with one owner or a Unity of Title document be
recorded in the public records tying the three parcel identification numbers together as one
parcel for Tract A by December 31, 2003;
3. That any future division of either Tract A or Tract B be subdivided in accordance with City
subdivision regulations;
4. That the applicant submit site and building plans for staff review by December 31, 2003, for
the purpose of obtaining building permits to relocate the maintenance building and shed
existing in the northwest comer of Tract A outside of the 15- foot wide utility easement and to
meet the required side setback of 10 feet. The site plan shall include a continuous hedge or
vines to be planted along the west property line adjacent to the office building for screening
and buffering purposes. The continuous hedge or vines shall be planted in an amount and
location acceptable to staff and allowed to grow to a six-foot height (within a three year time
period); and
5. That any future freestanding signage be designed as a monument sign at a maximum height of
six feet above grade and consistent with the materials and color as the principal building or the
brick frontage wall.
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 10
.
Prepared by Planning Department Staff:
ATTACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Zoning Atlas Map
Application
.
\\MS5cIPDS\Planning DepartmentlC D BIFLEX\Pending cases\Upfor the next CDB\Regency Oaks 2770 Regency OakslRegency Oaks 2770
Staff Report. doc
Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-01002 - Page 11
View looking northwest at main entrance on
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Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Monday, April 21, 2003 8:39 AM
'ed@jbpfirm.com'
Resending Final Comments from 4/17/03 ORC meeting
Ed-
I am res ending this email as I got a wrong email for you again (came back undeliverable). Let me know if this is a problem time wise.
This was emailed to Robert Pergolizzi on Friday.
Wayne
3:20 p.m. - 3:45 p.m. Case: FLD2003-03016 - 2770 Regency Oaks Boulevard.
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative: Mr. E. D. Armstrong, III, Esquire (work: 727-461-1818, Fax: 727-462-0365, email: ed@ibpfmn.com
<mailto:ed@ibpfirm.com>)
Location: 39.61-acres located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road.
Atlas Page: 255A.
Zoning:
Request: Flexible Development approval to permit an assisted living facility and a nursing home for existing tenants, with an
increase in height from 50 feet to 65.9 feet for two existing, five-story buildings located on Tract A, with a reduction of the
front (east) setback on Tract B from 25 feet to zero feet (to pavement), reductions of the side (north) setback on Tract B from
10 feet to zero feet (to pavement), reductions of the side (west and south) setbacks on Tract A from 20 feet to zero feet (to
pavement) and a reduction of the required parking spaces from 588 spaces to 494 spaces for the assisted living facility on
Tract A, as part ofa Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A for property
located at 2720 and 2770 Regency Oaks Boulevard.
Proposed Use: The purpose of the request is to recognize a lot split separating ownership of the nursing home from the
assisted living facility.
Neighborhood Association(s): Virginia Groves: Paula Clemens, 1746 St. Croix Dr., Clearwater, FL 33759.
Presenter: Wayne M. Wells, Senior Planner.
Attendees included:
City Staff: Bryan Berry, Mark Parry, Frank Gerlock, Wayne Wells, and Scott Rice
Applicant/Representative: Mr. E. D. Armstrong, Robert Pergolizzi
The DRC reviewed this application with the following comments:
1. Environmental:
a) No comments.
2. Fire:
a) No comments.
3. General ene:ineerine::
a) No comments.
4. Harbor Master:
a) No comments.
5. Land resource:
a) No comments.
6. Landscapine::
a) No comments.
7. Parks and Recreation:
a) No comment ifno change to structure.
8. Plannine::
a) Provide the existing, proposed and maximum allowed density for both Tracts A and B. Provide as part of
calculation, the maximum number of dwelling units (rounded down to full number) and the residential equivalent based on
number of beds. For calculating density, the area shown as Preservation (the wetland area) can only be calculated for
one dwelling unit per acre (both Tracts).
b) Since the property has already been split by the recording of deeds on February 1,2003, please provide a copy of all
easements necessary (access, utility, drainage, etc.) for Tract B over Tract A. Ifnot already recorded, please advise
as to what is intended.
c) There is a maintenance shed in the northwest comer of Tract A, as well as a wood ramp, located within a utility
easement. Can these encroachments be removed/relocated out of the easement? Also, there is a maintenance trailer
1
.
(construction trailer) in .orthwest comer of Tract A not meeting setba. can the trailer be removed/relocated to
meet setbacks?
Should record an easement for the public sidewalk on Tract A in the northeast comer, at the intersection of Soule
and 2nd Street East. Prior to Building Permit.
Note: The brick wall along the street frontages of Soule Road and 2nd Street East on Tract A is a nonconforming
structure with regard to height, due to setbacks.
t) Provide on Sheet 5/5 the existing/proposed setback from the southeast angled property line to the existing building
on Tract B.
g) Handicap parking must be brought into conformance with current Code requirements with regard to location (at
building entrances with sidewalk access), design (12 feet wide plus the required five feet wide walk aisle), striping and
signage.
h) Address how trash removal is/will be handled with two ownerships/parcels.
i) Provide the square footage of signage facing Soule Road.
j) Provide/address all prior to CDB except d).
9. Solid waste:
a) No comments.
Stormwater:
a) No comments.
Traffic ene:ineerine::
a) Show and comply with 20' X 20' sight triangle on both the site plan and landscape plan.
b) Objects higher than 30" from pavement are prohibited in the 20' X 20' sight triangles.
c) Install 2 "DO NOT ENTER" (R5-I) signs on westbound one-way access.
d) No Traffic Impact Fees - existing use.
e) No Traffic Impact Analysis needed - existing use.
t) Items a-c to be completed prior to CDB review.
d)
Road
e)
..
10.
11.
NOTES:
1. That 15 sets of the application and all supporting materials be submitted to Staff on or before noon April 21, 2003 in order to
be scheduled for the May 20, 2003 CDB meeting;
2. Send comments to Mr. E. D. Armstrong at ed@ibpfirm.com <mailto:ed@ibpfirm.com>; rpergolizzi@f1design.com
<mailto:rpergolizzi@f1design.com>;
DRAFT CONDITIONS:
1.
2
.
.
From:
Sent:
To:
Subject:
Ed -
Regarding the parcel numbers for the above overall property, I have gone over the internet to the
Property Appraiser's Office and found the following parcel numbers and to what Tract they are
associated with:
Wells, Wayne
Friday, April 18, 2003 12:46 PM
Ed Armstrong (E-mail)
FLD2003-03016, 2720 & 2770 Regency Oaks Blvd.
OS/29/16/00000/210/0000 - Tract A
OS/29/16/00000/210/0100 - Tract A
OS/29/16/00000/210/0200 - Tract A
OS/29/16/00000/210/0300 - Tract B
This is being provided to you to assist toward the resolution of "subdivision" discussed on Pages
2 & 3 in the October 3, 2002, letter to Joan Vecchioli for the Regency Oaks Assisted Living
Facility at 2720 Regency Oaks Boulevard. In order to not be a subdivision and to assist with the
writing of the staff report, I would need some documentation that Tract A parcels have been
recombined by the Property Appraiser or a letter from you that a Unity of Title document will be
recorded prior to the issuance of any permits (or now?). The other alternative outlined in the
October 3,2002, letter was that a subdivision plat would need to be recorded.
Hope this helps. Let me know if you have any questions (562-4504).
Wayne
..,
,I
.
.
From: Wells, Wayne
Sent: Friday, April 18, 2003 10:48 AM
To: 'ed@jpbfirm.com'; 'rpergolizzi@f1design.com'
Subject: Final Comments from 4/17/03 DRC Meeting
3:20 p.m. - 3:45 p.m. Case: FLD2003-03016 - 2770 Regency Oaks Boulevard.
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative: Mr. E. D. Armstrong, III, Esquire (work: 727-461-1818, Fax: 727-462-0365,
email: ed@ibpfirm.com<mailto:ed@ibofrrm.com> )
Location: 39.61-acres located on the west side of Soule Road, approximately 1,000 feet north of
Sunset Point Road.
Atlas Page: 255A.
Zoning:
Request: Flexible Development approval to pennit an assisted living facility and a nursing home
for existing tenants, with an increase in height from 50 feet to 65.9 feet for two existing, five-story
buildings located on Tract A, with a reduction of the front (east) setback on Tract B from 25 feet
to zero feet (to pavement), reductions of the side (north) setback on Tract B from 10 feet to zero
feet (to pavement), reductions of the side (west and south) setbacks on Tract A from 20 feet to
zero feet (to pavement) and a reduction of the required parking spaces from 588 spaces to 494
spaces for the assisted living facility on Tract A, as part of a Comprehensive Infill Redevelopment
Project, under the provisions of Section 2-1204.A for property located at 2720 and 2770 Regency
Oaks Boulevard.
Proposed Use: The purpose of the request is to recognize a lot split separating ownership of the
nursing home from the assisted living facility.
Neighborhood Association(s): Virginia Groves: Paula Clemens, 1746 St. Croix Dr.,
Clearwater, FL 33759.
Presenter: Wayne M. Wells, Senior Planner.
Attendees included:
City Staff: Bryan Berry, Mark Parry, Frank Gerlock, Wayne Wells, and Scott Rice
ApplicantJRepresentative: Mr. E. D. Armstrong, Robert Pergolizzi
The DRC reviewed this application with the following comments:
1. Environmental:
a) No comments.
2. Fire:
a) No comments.
3. General ene:ineerine::
a) No comments.
4. Harbor Master:
a) No comments.
5. Land resource:
a) No comments.
6. Landscaoine::
a) No comments.
7. Parks and Recreation:
a) No comment ifno change to structure.
8. Plannine::
a) Provide the existing, proposed and maximum allowed density for both Tracts A and B.
Provide as part of calculation, the maximum number of dwelling units (rounded down to full
number) and the residential equivalent based on number of beds. For calculating density, the
area shown as Preservation (the wetland area) can only be calculated for one dwelling unit per
acre (both Tracts).
b) Since the property has already been split by the recording of deeds on February 1,2003,
please provide a copy of all easements necessary (access, utility, drainage, etc.) for Tract B
over Tract A. If not already recorded, please advise as to what is intended.
c) There is a maintenance shed in the northwest comer of Tract A, as well as a wood ramp,
~
t
.
.
located within a utility easement. Can these encroachments be removed/relocated out of the
easement? Also, there is a maintenance trailer (construction trailer) in the northwest comer
of Tract A not meeting setbacks, can the trailer be removed/relocated to meet setbacks?
d) Should record an easement for the public sidewalk on Tract A in the northeast comer, at
the intersection of Soule Road and 2nd Street East. Prior to Building Permit.
e) Note: The brick wall along the street frontages of Soule Road and 2nd Street East on Tract
A is a nonconforming structure with regard to height, due to setbacks.
f) Provide on Sheet 5/5 the existing/proposed setback from the southeast angled property
line to the existing building on Tract B.
g) Handicap parking must be brought into conformance with current Code requirements
with regard to location (at building entrances with sidewalk access), design (12 feet wide plus the
required five feet wide walk aisle), striping and signage.
h) Address how trash removal is/will be handled with two ownerships/parcels.
i) Provide the square footage of signage facing Soule Road.
j) Provide/address all prior to CDB except d).
9. Solid waste:
a) No comments.
10. Stormwater:
a) No comments.
11. Traffic ene:ineerine::
a) Show and comply with 20' X 20' sight triangle on both the site plan and landscape plan.
b) Objects higher than 30" from pavement are prohibited in the 20' X 20' sight triangles.
c) Install 2 "DO NOT ENTER" (R5-1) signs on westbound one-way access.
d) No Traffic Impact Fees - existing use.
e) No Traffic Impact Analysis needed - existing use.
f) Items a-c to be completed prior to CDB review.
NOTES:
1. That 15 sets of the application and all supporting materials be submitted to Staff on or before noon
April 21, 2003 in order to be scheduled for the May 20,2003 CDB meeting;
2. Send comments to Mr. E. D. Armstrong at ed@ipbfmn.com <mailto:ed@ipbfirm.com>;
rpergolizzi@fldesign.com <mailto:mergolizzi@fldesign.com>;
DRAFT CONDITIONS:
1.
oil,
"
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Thursday, April 17, 2003 9:21 AM
'edarmstrong@jbpfirm.com'; 'emazur@f1design.com'
Draft DRC comments for FLD2003-03016, 2720 and 2770 Regency Oaks Blvd.
Ed & Ed -
Following are the DRAFT comments for FLD2003-03016, 2720 and 2770 Regency Oaks Blvd. for today's DRC meeting.
We can discuss at the meeting:
3:20 p.m. - 3:45 p.m. Case: FLD2003-03016 - 2720 and 2770 Regency Oaks Boulevard.
Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC.
Representative: Mr. E. D. Armstrong, III, Esquire (work: 727-461-1818, Fax: 727-462-0365, email:
ed_II b@ibpfirm.com <mailto:edarmstrong@ibpfirm.com>).
Location: 39.61-acres located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road.
Atlas Page: 255A.
Zoning:
Request: Flexible Development approval to permit an assisted living facility and a nursing home for existing tenants, with an
increase in height from 50 feet to 65.9 feet for two existing, five-story buildings located on Tract A, with a reduction of the
front (east) setback on Tract B from 25 feet to zero feet (to pavement), reductions of the side (north) setback on Tract B from
10 feet to zero feet (to pavement), reductions of the side (west and south) setbacks on Tract A from 20 feet to zero feet (to
pavement) and a reduction of the required parking spaces from 588 spaces to 494 spaces for the assisted living facility on
Tract A, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A for property
located at 2720 and 2770 Regency Oaks Boulevard.
Proposed Use: The purpose of the request is to recognize a lot split separating ownership of the nursing home from the
assisted living facility.
Neighborhood Association(s): Virginia Groves: Paula Clemens, 1746 St. Croix Dr., Clearwater, FL 33759.
Presenter: Wayne M. Wells, Senior Planner.
Attendees included:
City Staff: Mark Parry, Bryan Berry, Frank Gerlock, Joe Colbert, Rick Albee, Wayne Wells, Glen Bahnick and Tom Glenn
Applicant/Representative: Mr. E. D. Armstrong
The DRC reviewed this application with the following comments:
1. Environmental:
a) No comments.
2. Fire:
a) No comments.
3. General ene:ineerine::
a) No comments.
4. Harbor Master:
a) No comments.
5. Land resource:
a) No comments.
6. Landscapine::
a) No comments.
7. Parks and Recreation:
a) No comment ifno change to structure.
8. Plannine::
a) Provide the existing, proposed and maximum allowed density for both Tracts A and B. Provide as part of
calculation, the maximum number of dwelling units (rounded down to full number) and the residential equivalent based on
number of beds. For calculating density, the area shown as Preservation (the wetland area) can onlv be calculated for
one dwelling unit per acre (both Tracts).
b) Since the property has already been split by the recording of deeds on February 1, 2003, please provide a copy of all
intended.
c) There is a maintenance shed in the northwest comer of Tract A, as well as a wood ramp, located within a utility
easement. Can these encroachments be removed/relocated out of the easement? Also, there is a maintenance trailer
(construction trailer) in the northwest comer of Tract A not meeting setbacks, can the trailer be removed/relocated to
meet setbacks?
1
11.
Should record an ease_for the public sidewalk on Tract A in the no.t comer, at the intersection of Soule
and 2nd Street East. ~F.oC" ~ 'a~,\~~~ y~~.
Note: The brick wall along the street frontages oiSoule Road and 2nd Street East on Tract A is a nonconforming
structure with regard to height, due to setbacks.
f) Provide on Sheet 5/5 the existing/proposed setback from the southeast angled property line to the existing building
on Tract B.
g) Handicap parking must be brought into conformance with current Code requirements with regard to location (at
building entrances with sidewalk access), design (12 feet wide plus the required five feet wide walk aisle), striping and
signage.
h) Address how trash removal is/will be handled with two ownerships/parcels.
i) Provide the square footage of signage facing Soule Road.
j) Provide/address all prior to COB.
9. Solid waste:
a) No comments.
Stormwater:
a) No comments.
Traffic ene:ineerine::
a) Show and comply with 20' X 20' sight triangle on both the site plan and landscape plan.
b) Objects higher than 30" from pavement are prohibited in the 20' X 20' sight triangles.
c) Install 2 "00 NOT ENTER" (R5-1) signs on westbound one-way access.
d) No Traffic Impact Fees - existing use.
e) No Traffic Impact Analysis needed - existing use.
f) Items a-c to be completed prior to COB review.
d)
Road
e)
""
10.
NOTES:
1. That 15 sets of the application and all supporting materials be submitted to Staff on or before noon April 21, 2003 in order to
be scheduled for the May 20, 2003 COB meeting;
2. Send comments to Mr. E. O. Armstrong at edannstrong@ibofinn.com <mailto:edannstrong@ibpfinn.com>.
DRAFT CONDITIONS:
1.
-------------------------------------------------------------------------------------------------------------------------------
2
...^ Message
.
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Page 1 0[2
Wells, Wayne
From: Wells, Wayne
Sent: Monday, February 24,20035:30 PM
To: 'Jayne E. Sears'
Cc: Gerlock, Frank
Subject: RE: Regency Oaks
Jayne -
1. For the land use plan amendment and rezoning, a survey will be required, including a legal description(s) of
that being requested to be amended/rezoned.
2. For the Comprehensive Infill Redevelopment Project, a survey will also be required. The "site plan" will be in
essence a glorified survey with "proposed" lot lines to separate the SNF from the ALF (with setbacks to proposed
lot lines from buildings and pavement of course). Since nothing is being constructed, per se, a tree survey,
stormwater drainage plan and traffic study will not be necessary. I will need something relative to sign plans and
building elevations. Color photographs of the sign may be submitted in lieu of drawings, as long has I have the
height and dimensions of the sign (re sign area). Color photographs may be also submitted for building
elevations, so long as I know the height of the buildings. Separate site data for both parcels will be necessary to
determine whether density limitations, parking requirements and setbacks (including building heights) are being
met. Improvements may be required, but not limited, to signage, dumpsters, handicap parking, parking stall
lengths/widths and landscaping under the Comprehensive Infill Redevelopment Project. Letters of explanation as
to what is being attempted to be accomplished, as well as any historical information, would be helpful to be
submitted with the application. Additionally, easements will be required (at some point) for access, drainage,
utilities, etc. as necessary. May want to look at water/sewer/reclaimed water service to the proposed parcels.
Hope this answers your questions. Call or write me if needed.
Wayne
-----Original Message-----
From: Jayne E. Sears [mailto:JayneS@jbpfirm.com]
Sent: Thursday, February 20,2003 1:59 PM
To: wwells@c1earwater-fl.com
Cc: Mariano, Marc; E D. Armstrong; Joan M. Vecchioli
Subject: Regency Oaks
Wayne, I'm asking you about this since you are familiar with the project and our requests. For the
comprehensive infill application, I am sure you will need a site plan and a landscape plan. For rezoning
and land use plan amendment, you will require a survey. There is no new construction proposed at this
time.
Since these are existing facilities, operating for some time now, I do not believe the following should be
required. Can you confirm that you will NOT require these items:
- tree survey
- stormwater drainage plan
traffic study
- sign plans
- building elevations
If you can respond by Tuesday a.m. I would appreciate it. We are rallying the troops as to what needs to
be prepared. I won't know exactly what we need to request under the Comprehensive Infill until our site
plan is completed. At this time, we know parking area and driveway aisle setbacks do not all meet Code.
2/2412003
Message
.
.
Page 2 of2
Thank you.
Jayne E. Sears
Legal Assistant
Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, PA
911 Chestnut Street
Clearwater, FL 33756
(727) 461-1818
2/24/2003
"
.
.
Page 1 of3
Wells, Wayne
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Monday, October 21,20029:51 AM
To: Wells, Wayne
Cc: Cyndi Tarapani
Subject: Re: Regency Oaks
Wayne,
According to the Agency for Health Care Administration, State of Florida, Regency Oaks has the following 2
licenses from the state which are both located on TRACT B, within the Institutional plan category.
Assisted Living Facility
LICENSE #: 9037
FACILITY NAME AND ADDRESS: SYLVAN TERRACE, 2770 REGENCY OAKS BLVD
CLEARWATER FL 33759 TELEPHONE #: (727) 791-3381
LICENSE INFORMATION: L1C. TYPE: Standard ECC
CAPACITY: OSS: 0 NON-OSS: 28
OWNER: SYLVAN HEALTH SYSTEMS, LLC COUNTY: PINELLAS
ADMINISTRATOR: WEST GARY EXPIRATION DATE: 31-AUG-03
Skilled Nursing Facility
LICENSE #: 1462096
FACILITY NAME AND ADDRESS: SYLVAN HEALTH CENTER, 2770 REGENCY OAKS BLVD
CLEARWATER FL 33759 TELEPHONE #: (727) 791-3381
LICENSE INFORMATION L1C. TYPE: Standard
CAPACITY: 60
OWNER: SYLVAN HEALTH SYSTEMS, LLC COUNTY: PINELLAS
ADMINISTRATOR: FOSTER SANDRA EXPIRATION DATE: 31-AUG-03
A representative from Agency for Health Care Administration says retirement centers are not required to be
licensed by the state because they operate like an apartment complex. I think the 2 5-story retirement centers on
Tract A would fall under Clearwater's definition of "congregate care".
I think the mix-up could have arisen from Joan's initial letter which identified tract B as the SNF (Skilled Nursing
Facility) Parcel and tract A as the ALF (Adult Living Facility) parcel - NOT to be confused with the ASSISTED
LIVING FACILITY.
Please reconsider a rezoning.
Thanks,
Lorraine
----- Original Message -----
From: Wells. Wayne
To: 'Lorraine Lyn'
Sent: Tuesday, October 15, 2002 11:17 AM
Subject: RE: Regency Oaks
Define "retirement center." What is there at Regency Oaks today? What are they licensed as?
Note: I am leaving today at noon for a conference and will not return until Monday, October 21,2002.
Wayne
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Tuesday, October 15, 2002 10:26 AM
To: Wells, Wayne
10/22/2002
.
.
Page 2 of3
..
Subject: Re: Regency Oaks
Would a retirement center (on Parcel A) be considered congregate care by Clearwater's code? If so, why
can't we just rezone to MDR instead of doing a plan amendment?
Lorraine
----- Original Message -----
From: Wells, WaYIl~
To: 'Lorraine Lvn'
Cc: Tarapani. Cyndi ; Fierce, Lisa
Sent: Monday, October 14, 2002 5:26 PM
Subject: RE: Regency Oaks
Dear Lorraine -
These issues are intertwined and not separable. Please keep in mind that the City of Clearwater
Community Development Code measures setbacks to pavement as well as vertical structures. You are
proposing to create two lots (Tracts A and B) with a zero setback for each lot. Because the use of
proposed Tract A (included in the overall property today) as an ALF (in the LMDR District) is a
nonconforming use, the land use and zoning change is required on Tract A to accomplish, in concert
with a Comprehensive Infill Redevelopment Project, the setbacks proposed. The two Tracts are not
separable from the other. The zero setback proposed for one Tract also creates a zero setback for the
other Tract.
Again, the proper and legal way to create the two Tracts with zero setbacks is to change the land use
and zoning for at least Tract A (most likely you would change that portion of Tract B from RU/LMDR to
1/1 land use/zoning at the same time) and request the Comprehensive Infill Redevelopment Project.
The RIP is not necessary, but the CIRP is, if the land use and zoning for that portion presently with RU
land use and LMDR zoning is changed to Institutional. These would be done BEFORE the lot split
occurs.
ALL of these request should/must be filed at the same time for review by the CDB. Otherwise, it will
get more confusing than it already is.
Any more questions, send them on. As a note, I will be leaving Tuesday (10/15/02) afternoon for an
out-of-the-city conference and will not return until Monday, October 21, 2002.
Wayne
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Monday, October 14, 2002 1:36 PM
To: Wayne Wells
Cc: Cyndi Tarapani
Subject: Regency Oaks
Wayne,
I'd like to reword my previous question because we are representing the buyer of Tract B.
Can the lot split be done without a rezoning and plan amendment for either tract?
In other words, can we proceed with the Comprehensive Infill Redevelopment Project and the
Residentiallnfill Project for Non-Residential Off-Street Parking to create the new lot on Tract
B and leave the use on Lot A legal non-conforming? That is, do nothing to Tract A except the
recombine the parcels.
Your letter seems to be requiring a plan amendment and rezoning on Tract A in order to create
the new lot, Tract B. However, I see this as 2 separate issues. One issue is the legal
nonconforming use on Tract A which can either remain legal non-conforming or be fixed with a
plan amendment and rezoning.
The other is the creation of a new lot that has to be consistent with I and LMDR zoning. This can
10/2212002
10/22/2002
.
.
Page 3 of3
be fixed by the CIRP and RIP for non-residential off street parking. Can we file these 2
applications (for CIRP and RIP) at the same time?
Thanks,
Lorraine
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
October 3, 2002
Ms. Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P.O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Assisted Living Facility
2720 Regency Oaks Boulevard
Dear Ms. Vecchioli:
This office has reviewed the survey, prepared by Zarra Boyd, Inc., signed and dated September
6,2002, Job #1031 ("Survey")submitted by your office concerning the Regency Oaks property.
It is the owner's (Clearwater Land Company) intention to transfer ownership of the Assisted
Living Facility (ALF) separate from the Skilled Nursing Facility (SNF). Based on the Survey,
the proposed lot lines separating the ALF from the SNF do not conform to the Zoning District
boundary lines as shown on the City of Clearwater Zoning Atlas. The proposed ALF Tract "A"
(legal description attached as Exhibit A) is primarily zoned LMDR, Low Medium Density
Residential, but with small portions of Tract "A" zoned I, Institutional District and P,
Preservation District (a portion ofthe wetland area on the west side of the property) (see attached
Zoning Atlas map). The corresponding land use designations are RU, Residential Urban, I,
Institutional and P, Preservation (with a WaterlDrainage Feature special designation) (see
attached land use plan map).
On December 3, 1987, the City annexed the entire Regency Oaks property into the City of
Clearwater under Ordinance 4484-87, recorded in Official Records Book 6645, Pages 664-666.
Under Ordinance 4485-87, adopted on December 3, 1987, the City amended the Land Use
Element of the City's Comprehensive Plan from Recreation/Open Space (County) to Low
Density Residential for "Parcel A" and Public/Semi-Public for "Parcel B." Also on December 3,
1987, the City amended the Zoning Atlas from "A-E" (County) to RPD, Residential Planned
Development, for Parcel "A" and P/SP, Public/Semi-Public, for "Parcel B" under Ordinance
4486-87. Based on Planning Staff research, the "Parcel A" and "Parcel B" identified under
Ordinances 4485-87 and 4486-87 were legally described areas of the overall property and not
separate parcels identified by the Pinellas County Property Appraiser's office.
Tract "A," as shown on the Survey, is developed with a 530-bed ALF in two residential
buildings. This use and site plan were approved by the City under Conditional Use Case No. 87-
BRIAN], AUNGST, MAYOR-CmlMISSIONER
\XiHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYr HAMILTON, CO~IMISSIOt\ER
FRANK HIBBARD, COMMISSIONER * BII,L]ONSON, Cml~IISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
<.
0.#.
.
.
October 3, 2002
Vecchioli - Page 2
92. Based on records on file with the City, the site plan has been certified with any attendant
modifications in 1990, 1991, 1992, 1994, 1995 and 1996. The City adopted the Community
Development Code (Code) on January 21, 1999. As stated above, Tract "A" is primarily zoned
LMDR, Low Medium Density Residential. An ALP with 530 beds is not a permitted use under
the LMDR District and is therefore deemed to be a nonconforming use. This nonconformity
may continue in conformance with Code provisions. In the event a structure in which a
nonconforming use is located is destroyed or damaged to the extent of less than 50 percent of the
assessed value of such structure, the nonconforming use may be re-established if a complete and
legally sufficient application for all required permits to repair or restore is submitted within six
months of the date of the damage. In the event a structure in which a nonconforming use is
located is destroyed or damaged to 50 percent or more of the assessed value, these structures
may be repaired or restored only if the structure and use conform to the standards of this Code
for the zoning district in which it is located.
The overall property is presently comprised of three parcels of land with the following tax parcel
identification numbers:
OS/29/16/00000/210/0000 (Tract "B" and part of Tract "A")
OS/29/16/00000/21 % 1 00 (part of Tract "A")
OS/29/16/00000/210/0200 (part of Tract "A") *
*By letter dated November 20, 1996, this parcel was created without City approval.
The City's definition of subdivision states that it means "any division or redivision of land into
three or more lots, tracts, sites or parcels for the purpose of transfer of ownership or building
development..." The Pinellas County Property Appraiser's records indicate that all three parcels
are currently owned by the same entity.
Since it is the owner's intention to transfer ownership of the ALP separate from the SNF and that
zoning district boundary lines do not conform to the proposed lot lines for Tract "A," the
following requirements must be complied with:
1. Amend the Land Use Plan Map and Zoning Atlas to conform the land use designation of
Institutional and zoning district boundaries of Institutional to the proposed lot lines of
Tract "A." These requests would be processed through the Development Review
Committee (DRC), the Community Development Board (CDB), the City Commission
(CC) and other hearings required by the Countywide Rules. In conjunction with the Land
Use Plan Map and Zoning Atlas requests, an application for a Comprehensive Infill
Redevelopment Project under the Institutional District would be required to be submitted
since required setbacks to parking pavement and drive aisles from common lot lines are
not being met with the proposed lot lines under Tracts "A" and "B," as shown on the
Survey. The buildings on Tract "A," as shown on the Survey, appears to meet the
required setbacks. All site data, including density and parking calculations, and setback
information will be necessary for both Tracts "A" and "B" to determine whether density
limitations, parking requirements and setbacks meet all Code requirements; and
2. In order to not be considered a subdivision, tax parcels 0000, 0100 and 0200 must be
recombined by the Pinellas County Property Appraiser under one parcel number with one
..
.
.
October 3,2002
Vecchioli - Page 3
owner; or, should the recombination not be possible by the Pinellas County Property
Appraiser, then a Unity of Title document will be required to be recorded in the public
records tying tax parcels 0100, 0200 and the balance of 0000 (after splitting out Tract
"B"). It is noted that a subdivision plat may be required in the future should a third lot be
created. Alternately, should, however, tax parcels 0000, 0100 and 0200 be desired to be
retained as separate tax parcels to allow for the transfer of ownership other than the
present owner, and create Tract "B," then the property must be subdivided in accordance
with Article 4, Division 7 (Subdivisions/Plats) of the Code.
After reviewing our records, it appears there are no active Code violations for the proposed ALF
Tract "A." All requests for building violations should be directed to Rob Hays, Development
Services Coordinator, at 100 South Myrtle Avenue, Clearwater, FL 33756 (727-562-4562).
Planning Staff is unable to determine whether the landscaping and signage for the proposed ALF
Tract "A" conforms to Code requirements. Should you desire an inspection of the site's
landscaping to determine such conformity, you may contact Scott Kurleman, Land Resource
Specialist, at 727-562-4746 to schedule an inspection.
Attached are copies of the current Low Medium Density Residential District, Institutional
District and Preservation District, as well as Article 6, Nonconformity Provisions, as contained
within the Community Development Code for your information. You can access zoning
information for parcels within the City through our website: www.clearwater-fl.com.
Should you need additional information, please contact Wayne Wells, AICP, Senior Planner at
727 -562-4504.
Cynthia H. Tarapani, AICP
Planning Director
Attachments
Cc: Lorraine Lyn
Rob Hays, Development Services Coordinator
Scott Kurleman, Land Resource Specialist
S:\Planning Department\zoning Itrs\2720 Regency Oaks Blvd.doc
.
.
.
ALF PARCEL
DESCRIPTION: TRACT A
Being a portion ofthe Northeast ~I.t of the Northwest Y. of Section 5, Township 29 South, Range 16 East,
Pinellas County, Florida and being more particularly described as follows:
COMMENCE at the Southeast comer oftlIe Northeast ~:4 ofthe Northwest ~';I of said Section 5; thence
N.89039'20"W., along the South line of the Northeast Y. of the Northwest ~I.t of said Section 5, for 33.00
feet to the POINT OF BEGINNING; thence continue:N.89039'20"W., along said South line and along the
Northerly boundary lines of ROBINWOOD SUBDIVISION, ROBINWOOD SUBJ)IVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52. page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, oftlle Public Records of Pin ell as County, Florida, for 1311.05 feet to the
Northwest corner of aforesaid plat of THE ELKS; thence N.Ooo48'56"E., along the West line ofthe
Northeast Y-t ofthe Northwest y,. of said Section 5, for 1336.20 feet to the Southwest corner of the plat of
LAKE CHAUTAUQUA ESTATES, as recorded in PIal Book 90, page 22 of the Public RCl.:ords of
Pinellas County, Horida; thence S.89042'36"E., along the North line ofthe Northeast ~/4 ofthe Northwest
1-'4 of said Section 5 (being the basis ofbearillgs oflhis d~scription). sal11~ also being the South boundary
line of aforesaid LAKE CHAUTAUQUA ESTATES, for 630.00 reet lo the point or inten:;ection with lhe
Westerly right-o.t:way line of 2ND STREET EAST; thence S.00002'32"W., along said Westerly right-of-
way line, for 30.00 feet; thence S.89D42'36"E., along a line 30.00 feet South of and parallel to the North
line ofthe Northeast ~/,j of the Northwest V4 of said Section 5, for 670.63 feet: thence S.Ooo22'34"W.,
along a line 33.00 feet West of and parallel to Ule East line oflhe Northeast ~4 or the Northwesl 1/4 of said
Section 5, for 1307.39 feet to the POINT OF BEGINNING and containing 39.61 acres, more or less.
LESS AND EXCEPT:
COMMENCE at the Southeast comer ofLhe Northeast 1/4 of the Northwest ]/4 of said Section 5: thence
N89039'20"W, along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, also being
the northerly boundary lines of ROBIN WOOD SUBDIVISION, ROBIN WOOD SUBDlVJSION FIRST
ADDITION and TIffi ELKS, as recorded in Plat Book 52. page 99, Plat Book G 1, page 38 and PIal Book
95, page 90, respectively, of the Public Records of Pine lias County, Florida. for 1015.80 feet to the POINT
OF BEGINNING; thence continue along said line N89OJ9'20"W, [or 328.25 feet to the Northwest comer
of aforesaid plat of THE ELKS; thence NOoo48'56"E, along the West line ofthe Northeast 1/40fthe
Northwest 1/4 of said Section 5, for 337.03 feet; thence N37~2'44"E, for 392.3Ilect; thence
N07057'17"E, for 29.55 feet; thence S42051'57"E, for 57.73 feet; thence S34036'08"E, for] 19.85 feet:
thence S44OJ5'25"E, for 107.76 teet: thence S33040'06"E, jur 80.61 feet; thence S44016'S5"E, for ] 58.55
teet; thence S28042'43"E, for 45.96 feet; thence 8 140IO'34"E, for 82.48 tect; thence 863033'50"W, for
19.88 feet; thence N29<>:31'38"W. for 78.31 feel: thence S47045'44"\\', lor 328.30 l~el to the POINT OF
BEGINNING, and containing 5.84 acres, more or less, (254,507 square feet, more or less).
TOT AL NET f\REA EQUALS 33.77 ACRES, IvfORE OR LESS (1,471.097 SQUARE FEET, IvfORE OR
LES S)
EXHiBIT .A
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
October 3, 2002
Ms. Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P.O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Skilled Nursing Facility
2770 Regency Oaks Boulevard
Dear Ms. Vecchioli:
This office has reviewed the survey, prepared by Zarra Boyd, Inc., signed and dated September
6, 2002, Job #1031 ("Survey") submitted by your office concerning the Regency Oaks property.
It is the owner's (Clearwater Land Company) intention to transfer ownership of the Skilled
Nursing Facility (SNF) separate from the Assisted Living Facility (ALF). Based on the Survey,
the proposed lot lines separating the SNF from the ALF do not conform to the Zoning District
boundary lines as shown on the City of Clearwater Zoning Atlas. The proposed SNF Tract "B"
(legal description attached as Exhibit A) is primarily zoned I, Institutional District, but with
portions of Tract "B" zoned LMDR, Low Medium Density Residential District and P,
Preservation District (a portion of the wetland area on the west side of the property) (see attached
Zoning Atlas map). The corresponding land use designations are I, Institutional, RU, Residential
Urban and P, Preservation (with a Water/Drainage Feature special designation) (see attached
land use plan map).
On December 3, 1987, the City annexed the entire Regency Oaks property into the City of
Clearwater under Ordinance 4484-87, recorded in Official Records Book 6645, Pages 664-666.
Under Ordinance 4485-87, adopted on December 3, 1987, the City amended the Land Use
Element of the City's Comprehensive Plan from Recreation/Open Space (County) to Low
Density Residential for "Parcel A" and Public/Semi-Public for "Parcel B." Also on December 3,
1987, the City amended the Zoning Atlas from "A-E" (County) to RPD, Residential Planned
Development, for Parcel "A" and P/SP, Public/Semi-Public, for "Parcel B" under Ordinance
4486-87. Based on Planning Staff research, the "Parcel A" and "Parcel B" identified under
Ordinances 4485-87 and 4486-87 were legally described areas of the overall property and not
separate parcels identified by the Pinellas County Property Appraiser's office.
Tract "B," as shown on the Survey, is developed with a l20-bed SNF. This use and site plan
were approved by the City under Conditional Use Case No. 87-92. Based on records on file with
BRIAN]. AUNGST, MAYOR-COMMISSIONER
\X.'HITNEY GRAY, VICE MAYOR-COMMISSIONER HOYf HAMILTON, COMi\I1SSIONER
FR-\NK HIBBARD, COMMISSIONER * BlI.L]ONSON, COMMISSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
.
.
~
October 3, 2002
Vecchioli - Page 2
the City, the site plan has been certified with any attendant modifications in 1990, 1991, 1992,
1994, 1995 and 1996. The City adopted the Community Development Code (Code) on January
21, 1999. As stated above, Tract "B" is primarily zoned I, Institutional. A SNF with 120 beds is
a permitted use under the Institutional District and is therefore deemed to be a conforming use.
It is noted that the SNF building appears to be located solely within the Institutional District.
Any future expansion into the LMDR District will require a Land Use Plan amendment to
Institutional and a rezoning to the Institutional District.
The overall property is presently comprised of three parcels of land with the following tax parcel
identification numbers:
05/29/16/00000/21010000 (Tract "B" and part of Tract "A")
05/29/16/00000/21010100 (part of Tract "A")
05/29/16100000/21010200 (part of Tract "A") *
*By letter dated November 20, 1996, this parcel was created without City approval.
The City's definition of subdivision states that it means "any division or redivision of land into
three or more lots, tracts, sites or parcels for the purpose of transfer of ownership or building
development..." The Pinellas County Property Appraiser's records indicate that all three parcels
are currently owned by the same entity.
Since it is the owner's intention to transfer ownership of the SNF separate from the ALP and that
zoning district boundary lines do not conform to the proposed lot lines for Tract "B," the
following requirements must be complied with and/or options are available to you:
1. (Option) Amend the Land Use Plan Map and Zoning Atlas to conform the land use
designation of Institutional and zoning district boundaries of Institutional to the proposed
lot lines of Tract "B." These requests would be processed through the Development
Review Committee (DRC), the Community Development Board (CDB), the City
Commission (CC) and other hearings required by the Countywide Rules. In conjunction
with the Land Use Plan Map and Zoning Atlas requests, an application for a
Comprehensive Infill Redevelopment Project under the Institutional District must be
submitted, since required setbacks to parking pavement and drive aisles from common lot
lines are not being met with the proposed lot lines under Tracts "A" and "B," as shown
on the Survey. The building on Tract "B," as shown on the Survey, appears to meet the
required setbacks in the Institutional District. All site data, including density and parking
calculations, and setback information will be necessary for both Tracts "A" and "B" to
determine whether density limitations, parking requirements and setbacks meet all Code
requirements. Note: This option must include Requirement #3 below;
2. (Requirement) Apply for a Comprehensive Infill Redevelopment Project under the
Institutional District since required setbacks to parking pavement and drive aisles from
common lot lines are not being met with the proposed lot lines under Tracts "A" and "B,"
as shown on the Survey. Additionally, since some of the parking spaces and drive aisles
for the SNF appears to be within the LMDR District and required setbacks to parking
pavement and drive aisles from common lot lines are not being met with the proposed lot
lines under Tracts "A" and "B," as shown on the Survey, an application for a Residential
.
.
"
October 3, 2002
Vecchioli - Page 3
Infill Project for Non-Residential Off-Street Parking within the LMDR District must be
submitted for review by the CDB. The building on Tract "B," as shown on the Survey,
appears to meet the required setbacks in the Institutional District. All site data, including
density and parking calculations, and setback information will be necessary for both
Tracts "A" and "B" to determine whether density limitations, parking requirements and
setbacks meet all Code requirements; and
3. (Requirement) In order to not be considered a subdivision, tax parcels 0000, 0100 and
0200 must be recombined by the Pinellas County Property Appraiser under one parcel
number with one owner; or, should the recombination not be possible by the Pinellas
County Property Appraiser, then a Unity of Title document will be required to be
recorded in the public records tying tax parcels 01 00, 0200 and the balance of 0000 (after
splitting out Tract "B"). It is noted that a subdivision plat may be required in the future
should a third lot be created. Alternatelv, should, however, tax parcels 0000, 0100 and
0200 be desired to be retained as separate tax parcels to allow for the transfer of
ownership other than the present owner, and create Tract "B," then the property must be
subdivided in accordance with Article 4, Division 7 (Subdivisions/Plats) of the Code.
After reviewing our records, it appears there are no active Code violations for the proposed SNF
Tract "B." All requests for building violations should be directed to Rob Hays, Development
Services Coordinator, at 100 South Myrtle Avenue, Clearwater, FL 33756 (727-562-4562).
Planning Staff is unable to determine whether the landscaping and signage for the proposed SNF
Tract "B" conforms to Code requirements. Should you desire an inspection of the site's
landscaping to determine such conformity, you may contact Scott Kurleman, Land Resource
Specialist, at 727-562-4746 to schedule an inspection.
Attached are copies of the current Institutional District, Low Medium Density Residential
District and Preservation District as contained within the Community Development Code for
your information. You can access zoning information for parcels within the City through our
website: www.c1earwater-fl.com.
Should you need additional information, please contact Wayne Wells, AICP, Senior Planner at
727-562-4504.
Cynthia H. Tarapani, AICP
Planning Director
Attachments
Cc: Lorraine Lyn
Rob Hays, Development Services Coordinator
Scott Kurleman, Land Resource Specialist
S:\Planning Departmentlzoning Itrs\2770 Regency Oaks Blvd - 9.30. 02. doc
.
.
SNF PARCEL
DESCRIPTION: TRACT B
B~ing a portion of the Northeast 114 of the Northwest 1/4 of Section 5, Township 29
South, Range 16 East, City of Clearwater, Pinellas County, Florida and being further
described as follows:
COMMENCE at the Southeast corner of the Northeast 114 of the Northwest 114 of said
Section 5; thence N89039'20"W, along the South line of the Northeast 1/4 ofthe
Northwest 1/4 of said Section 5, also being the northerly boundary lines of
ROBINWOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDITION and
THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, of the Public Records of Pin ell as County, Florida, for 1015.80
feet to the POINT OF BEGINNING; thence continue along said line N89039'20"W, for
328~25 feet to the Northwest corner of aforesaid plat of THE ELKS; thence NOoo48'S6"E,
along the West line of the Northeast 114 of the Northwest 1/4 of said Section 5, for
337.03 feet; thence N37022'44"E, for 392.31 feet; thence N07057'17"E, for 29.55 feet;
thence S42051'57"E, for 57.73 feet: thence S34"36'08"E. for 119.85 feet: thence
S44035'25"E, for 107,76 feet; thence S33040'06"E, for lJO.61 feet; thence S44016'S5"E, for
158.55 feet; thence S28042'43"E, fOI" 45.96 feet; thence SI4010'34"E, fOI" 82.48 feet;
thence S63033'50"W, for 19.88 feet; thence N29031'38"W, fOI" 78.31 feel; thence
S47045'44"W, for 328.30 feet to the POINT OF BEGINNING, and containing 5.84 acres,
more or less, (254,507 square feet, more or less).
EXHIBITA
I
",
Piv.,~Jas County Property APp.r Information: 05 29 16 00000 210 O.
Page 2 of6
05 / 29 / 16 / 00000 / 210 / 0000
18-Apr--2003 Jil"1 Sl'"Iith. CFA Pinellas County Property Appraiser 12:19:42
Non-Residential P r-ope r-ty Add r-ess. Use. and Sales
COl'"lparable sales value as Prop Addr: H2O REGENCY OAKS BLUO
of Jan 1, 2002, based on Census Trac t : Zlt8. 13
sales frol'"l 2000 - 2001 :
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Il"1p
Plat Inforl'"lation 12/1. 998 10.363/1. 465 4.200.000 (U) I
0000: Baak Pgs - 9 /1. 994 8. 794/2. Z1 5 2.453.900 eH) I
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Baok Pgs - 0 /0 0/ 0 0 ( )
2002 Value EXEMP T IONS
Just/Market: 4.735.800 HOl"1estead: 0 Ownership 'L .000
Historic : 0 Use ',(: .000
Assessed/Cap: 4.735.800 Tax Exel"1pt ',(: .000
Other Exel'"lp t : 356.000
Taxable: 4.379.800 Ag r icu 1 tural : 0
2002 Tax Inforl"1ation Land In forl'"lat ion
District: CW Seawall: Frontage:
Clear-water- View:
02 Mi llage : n. 2911 Land Size Unit Land Land Land
Front x Depth Price Units Meth
02 Taxes: 102.010.36
1) 0 x 0 7.000.00 1. 00 T
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-Dur-Hol'"les 4) 0 x 0 .00 .00
cap, 2002 taxes will be : 5) 0 x 0 .00 .00
102.010.36 6) 0 x 0 .00 .00
Without any exel'"lptions, Total Land Value: 7.000
2002 taxes will be :
110.301. 99
Short Legal NE 1/4 OF NW 1/4 LESS N 30 FT OF E 703.6ZFT a LESS
Description E 33FT FOR RO'S a LESS HaB PARCEL 21/01 (AKA REG ENCY
Building Information
. Building 1
. Building 2
Building #1
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Pinc.JJas County Property APp.r Information: 05 29 16 00000 210 O.
Page 3 of6
05 / 29 / 16 / 00000 / 210 / 0000 :01
18-Apr-Z003 Ji~ S~ith. CFA Pinellas County Property Appraiser lZ:19:43
Co~~ercial Card 01 of Z I~proYe~ent Type: Offices
Property Address: Z7Z0 REGENCY OAKS BLUD Prop Use: 356 Land Use: 74
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet &. Mill
Floor Finish
Interior Finish
Partition Factor
Continuous Footing
Slab on Grade
Conc Block/Brick
o
None
None
Gable A Hip
Composition Shingle
Above Average
Carpet Combination
o rlJ ",al 1
o
Heating &. Air HeatingACooling Pckg
Fixtures 6
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
F 100 r OnllJ
Above Average
Rectangle
Above Average
1. 991
10
o
o
10
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1.00 3.759 7) .00 0
2) Sc reen Po rch .40 Z70 B} .00 0
3) Open Porch .30 1.185 9) .00 0
4} .00 0 10} .00 0
5} .00 0 11} .00 0
6} .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Uni ts Value RCD Year
1) ASPHALT 56000 1. 00 56.000 0 56.000 999
2) FIRESPRINK 3759SF 1. 75 3.759 0 5.400 1. 991
3) CARPORT ZOX880 lZ.00 17.600 0 173.180 1.991
4) SPA/JAC/HT 7X7 6.000.00 1 0 4.440 1.993
5) SHUFBDCT 750.00 5 0 3.750 999
6) .00 0 0 0 0
TOTAL RECORD VALUE: Z4Z.770
Building #2
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'"
Pine-Has County Property APp.r Information: 05 29 16 00000 210 O.
Page 4 of6
05 / 29 / 16 / 00000 / 210 / 0000 :02
18-Apr-Z003 Ji~ S~ith, CFA Pinellas County Property Appraiser lZ:19:43
Co~~ercial Card OZ of Z I~prove~ent Type: Retai~ Store
Property Address: 0 Prop Use: 356 Land Use: 74
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Par ty Wall
Structural Fra~e
Roo f Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior FiniSh
Partition Factor
Spread/Hono Footing
S~ab on Grade
Cone B~ock/Stucco
o
None
None
Flat
Co rrugated Heta~
Above Average
Carpet Combination
o ry"'a~~
o
Heating & Air Heating&Coo~ing Pc kg
Fixtures 15
Bath Tile
Electric
Shape Factor
QuaU ty
Year Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
F ~oo r On~y
Above Average
Above Average
L 991
10
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 11.079 7) .00 0
2) Open Porch .30 3.958 B) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Units Value RCD Year
1) FIRESPRINK 11079 1. 75 11.079 0 15.900 L 991
2) FIREPLACE LARG E 5.000.00 1 0 4.100 1.991
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VALUE: ZO.OOO
Map With Property Address (non-vacant)
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Pinellas County Property APp.er Information: 05 29 16 00000 210 O.
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Pin",llas County Property App.r Information: 05 29 1600000210 O.
Page 6 of6
Pinellas County Property Appraiser
Parcel Information
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r
&1nellas County Property App.r Information: 05 29 16 00000 210 O.
Page 2 of5
05 / 29 / 16 / 00000 / 210 / 0100
18-Apr-Z003 J il"'l Sl"'Iith, CFA Pinellas County Property Appraiser 12:17:30
Non-Residential P rope rtlJ Add ress. Use. and Sales
COl"'lparable sales value as Prop Addr: Z7ZO REGENCY OAKS BLUD
of Jan 1, 2002, baaed on Census Trac t : Z68.13
sales frol"'l 2000 - 2001:
0 Sale Date DR Book/Page Price (Qual/UnQ) Vac/Il"'lp
Plat In forl"'lat ion 12/1. 998 10.36311. 465 4.Z00.000 (U) I
0000: Book Pgs - 9 /1 . 994 8.794/Z.Z15 Z.453.900 (M) U
0000 : Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
2002 Value EXEMP T IONS
Just/Market: 13.833.500 HOl"'lestead: 0 Dwnership 1 .000
Historic : 0 Use 1: . 000
Assessed/Cap: 13.833.500 Tax Exel"'lpt 1: . 000
Other Exel"'lp t : 4.575.000
Taxable: 9.Z58.500 Ag r icu 1 tural: 0
2002 Tax Inforl"'lation Land Inforl"'lation
District: CW Seawall: Frontage:
Clearwate r View:
02 Millage: Z3. Z911 Land Size Unit Land Land Land
Front x Depth Price Units Meth
02 Taxes: ZI5.640.65
1) 600 x 14Z 7.000.00 193.00 T
Special Tax .00 2) 0 x 0 .00 . 00
3) 0 x 0 .00 .00
Without the Save-Dur-Hol"'les 4) 0 x 0 . 00 . 00
cap, 2002 taxes will be : 5) 0 x 0 . 00 . 00
Z15. 640.65 6) 0 x 0 .00 . 00
Without any exel"'lptions, Total Land Value: 1. 351. 000
2002 taxes will be :
3ZZ.197.43
Short Legal FR NE COR OF NW 1/4 RUN W 830. 36FT TH S 198. Z7FT FOR
Description POB TH E 5Z. 3FT TH S 47.5 FT TH E 316.3FT TH S 95. 1
Building Information
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P~nellas County Property APp.r Information: 05 29 16 00000 210 O.
Page 3 of5
05 / 29 / 16 / 00000 / 210 / 0100 :01
18-Apr-Z003 Ji~ S~ith. CFA Pinellas County Property Appraiser lZ:17:Z9
Co~~ercial Card 01 of 1 I~prove~ent Type: ALF < 4 Stories
Property Address: Z7Z0 REGENCY OAKS BLUD Prop Use: 356 Land Use: 74
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
Special Footing
Slab on Grade
Conc Block/Stucco
o
None
Masonry pillar&Steel
Gable & Hip
Co~position Shingle
Average
Carpet Co~bination
o ryuall
o
Heating &
Fixtures
Bath Tile
Electric
Shape Factor
(;Juali ty
Year Built
Effective Age
ather Depreciation
Function Depreciation
Econo~ic Depreciation
Air Heating&Cooling Pckg
911
Wall
Floor + Half
Average
Rectangle
Average
1. 991
10
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1. 00 zaZ.77Z 7) .00 0
2) Sc reen Po rch .40 Z9.535 B) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Uni ts Value RCD Year
1) FIRESPRINK Z8Z77Z 1. 75 zaZ.77Z 0 435.470 1.994
2) POOL COMM 60.000.00 1 0 46. ZOO 1.994
3) ELEU PASS Z500LB 30.000.00 4 0 9Z.400 1. 994
4) ELEU PASS 4000LB 40.000.00 1 0 30.800 1.994
5) ELEU STOP Z500LB 3.500.00 5 0 14.000 1. 995
6) ELEU STOP 4000LB 3.500.00 16 0 44.800 1.995
TOTAL RECORD VALUE: 663.670
Map With Property Address (non-vacant)
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pjnellas County Property APp.r Information: 05 29 16 00000 210 O.
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Binellas County Property App.r Information: 05 29 1600000210 O.
Page 5 of5
Pinellas County Property Appraiser
Parcel Information
IJgyk llLSearch Page
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r-taellas County Property APp.er Information: 05 291600000210 O.
Page 2 of5
05 / 29 / 16 / 00000 / 210 / 0200
18-Apr-2003 J ilTJ SlTJith, CFA Pinellas County Property Appraiser U:18:33
Non-Residentia~ P rope rty Add ress. Use. and Sa~es
COlTJparable sales value as Prop Addr: 2101 REGENCY OAKS BLUD
of Jan 1, 2002, based on Census Trac t : .00
sales frolTJ 2000 - 2001:
0 Sale Date DR Book/Page Price (Qual/UnQ) Vac/IlTJp
Plat InforlTJation U/1. 998 10.363/1.465 4.200.000 (U) I
0000: Book Pgs - 9 11. 994 8.194/2. U5 2.453.900 (M) U
0000: Book Pgs - 0 10 0/ 0 0 ( )
0000: Book Pgs - 0 10 0/ 0 0 ( )
2002 Value EXEMP T IONS
Just/Market: 14.910.400 HOlTJestead: 0 Ownership 1 .000
Historic : 0 Use 1: .000
Assessed/Cap: 14.910.400 Tax ExelTJp t 1: .000
Other ExelTJp t : 4.100.000
Taxable: 10.210.400 Ag r icu 1 tural : 0
2002 Tax InforlTJation Land InforlTJation
District: CW Seawall: Frontage:
C~ear"'ater View:
02 Millage: 23.2911 Land Size Unit Land Land Land
Fron t x Depth Price Un i ts Meth
02 Taxes: 231.811.45
1) 0 x 0 1.000.00 203.00 T
Special Tax .00 2) 0 x 0 .00 . 00
J) 0 x 0 . 00 .00
Wi thou t the Save-Dur-HolTJes 4) 0 x 0 .00 . 00
cap, 2002 taxes will be : 5) 0 x 0 .00 .00
231.811.45 6) 0 x 0 .00 .00
Without any exelTJptions, Total Land Value: 1.421. 000
2002 taxes will be :
c 341.219.62
Short Legal PT OF NE 1/4 OF NW 1/4 AKA REGENCY OAKS PH II DESC
Description FROM NE COR OF NW 1/4 TH S 569. OUT a: W 261.05FT FOR
Building Information
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~ellas County Property APp.r Information: 05 291600000210 O.
Page 3 of5
05 / 29 / 16 / 00000 / 210 / 0200
:01
18-Apr-Z003 Ji~ S~ith. CFA Pinellas County Property Appraiser 1Z:18:34
Co~~ercial Card 01 of 1 I~prove~ent Type: ALF < 4 Stories
Property Address: Z701 REGENCY OAKS BLUD Prop Use: 356 Land Use: 74
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Par ty Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
Special. Footing
Sl.ab on Grade
Conc Bl.ock/Stucco
o
None
Hasonr~ Pil.l.ar&Steel.
Gabl.e & Hip
Co~position Shingl.e
Ave rage
Carpet Co~bination
o r~lIIal.l.
o
Heating &
Fixtures
Bath Tile
Electric
Shape Factor
lJuality
Year Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
Air Heating&Cool.ing Pckg
969
Wal.l.
F l.oo r + Hal. f>
Ave rage
Rectangl.e
Average
1. 995
8
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 zgO.33Z 7) . 00 0
2) Screen Porch .40 ZZ.87Z B) .00 0
3) Open Po rch .30 16. Z4 8 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Units Value RCD Year
1) FIRESPRINK zg033Z 1. 75 zgO.33Z 0 457.Z70 1. 995
2) CARPORT 1 Z4 0 0 1Z.00 1Z.400 0 133.9ZO 1. 995
3) ASPHALT 10000 1.00 10.000 0 10.000 999
4) ELEU PASS Z500LB 30.000.00 3 0 7Z.000 1.995
5) ELEU PASS 4000LB 40.000.00 1 0 3Z.000 1. 995
6) ELEU STOP Z500LB 3.500.00 15 0 4Z.000 1.995
TOTAL RECORD VALUE: 747.190
Map With Property Address (non-vacant)
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Pinellas County Property APp.r Information: 05 29 16 00000 210 O.
I 95 .4Il('f)
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Pinellas County Property APp.er Information: 05 29 16 00000 210 O.
Page 5 of5
Pinellas County Property Appraiser
Parcel Information
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Einellas County Property APp.r Information: 05 29 16 00000 210 O.
Page 2 of5
05 / 29 / 16 / 00000 / 210 / 0300
18-Apr-2003 J ifTI SfTlith, CFA Pinellas County Property Appraiser 12:20:26
Non-Residential P rope rtlJ Add ress. Use. and Sales
COfTIparable sales value as Prop Addr: 2170 REGENCY OAKS
of Jan 1, 2002, based on Ceneus Trac t : .00
sales frofTI 2000 - 2001:
0 Sale Date DR Book/Page Price (QuaI/UnQ) Vac I IfTlp
Plat InforfTIation 0 /0 0/ 0 0 ( )
0000 : Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2002 Value EXEMP T IONS
Just/Market: 0 HOfTIestead: 0 Ownership 7: .000
Historic : 0 Use I: .000
Assessed/Cap: 0 Tax ExefTIpt I: .000
Other ExefTIp t : 0
Taxable: 0 Ag r icu I tural: 0
2002 Tax InforfTIation Land InforfTIation
District: CW Seawall: Frontage:
Clearlllater View:
02 Millage: 23.2911 Land Size Unit Land Land Land
Front x Depth Price Units Meth
02 Taxes: .00
1) 0 x 0 7.000.00 60.00 T
Special Tax .00 2) 0 x 0 7.000.00 26.00 T
3) 0 x 0 .00 .00
Without the Save-Dur-HofTIes 4) 0 x 0 .00 .00
cap, 2002 taxes will be : 5) 0 x 0 . 00 .00
.00 6) 0 x 0 .00 .00
Without any exefTIptions, Total Land Value: 602.000
2002 taxes will be :
.00
Short Legal NE 1/4 OF NW 1/4 LESS N 30 FT OF E 703. 62FT a LESS E
Description 33FT FOR RO'S AKA TRACT B a LESS HaB PARC EL 21/01
Building Information
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p,inellas County Property APp.r Information: 05 29 1600000210 O.
Page 3 of5
05 / 29 / 16 / 00000 / 210 / 0300 :01
18-Apr-Z003 Ji~ S~ith, CFA Pinellas County Property Appraiser lZ:Z0:Z5
Co~~ercial Card 01 of 1 I~prove~ent Type: Nursing Home
Property Address: Z770 REGENCY OAKS Prop Use: 337 Land Use: 70
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roo f Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
Spread/Hono Footing
Slab on Grade
Conc Block/Stucco
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None
Concrete Rein~orced
Wood Frame/Truss
Composition Shingle
Above Average
Carpet Combination
o ry...all
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Heating & Air Heating6Cooling Pc kg
Fixtures 0
Bath Tile
Electric
Shape Factor
Quali ty
Year Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
Floor + Hal~ Wall
Above Average
Rectangle
Above Average
1.991
10
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o
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Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 37.7Z1 7) .00 0
2) Carport .30 LOn B) .00 0
3) Open Po rch .30 413 9) . 00 0
4) Sc reen Po rch .40 180 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 O.
Commercial Extra Features
Description Di~ensions Price Units Value Reo Year
1) FIRESPRINK 377Z1 1. 75 37.7Z1 0 54.130 1.991
2) ASPHALT Z0800 1.00 ZO.800 0 ZO.800 999
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VALUE: 74.930
Map With Property Address (non-vacant)
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p'inellas County Property APp.r Information: 05 29 16 00000 210 O.
Page 4 of5
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Pinellas County Property App.er Information: 05 29 16 00000 210 O.
Page 5 of5
Pinellas County Property Appraiser
Parcel Information
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Page 1 of2
Wells, Wayne
From: Wells, Wayne
Sent: Tuesday, October 15, 2002 11: 18 AM
To: 'Lorraine Lyn'
Subject: RE: Regency Oaks
Define "retirement center." What is there at Regency Oaks today? What are they licensed as?
Note: I am leaving today at noon for a conference and will not return until Monday, October 21, 2002.
Wayne
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Tuesday, October 15, 2002 10:26 AM
To: Wells, Wayne
Subject: Re: Regency Oaks
Would a retirement center (on Parcel A) be considered congregate care by Clearwater's code? If so, why
can't we just rezone to MDR instead of doing a plan amendment?
Lorraine
----- Original Message -----
From: Wells. Wayne
To: 'Lorraine Lyn'
Cc: Tarapani. Cyndi ; Fierce. Lisa
Sent: Monday, October 14, 2002 5:26 PM
Subject: RE: Regency Oaks
Dear Lorraine -
These issues are intertwined and not separable. Please keep in mind that the City of Clearwater
Community Development Code measures setbacks to pavement as well as vertical structures. You are
proposing to create two lots (Tracts A and B) with a zero setback for each lot. Because the use of
proposed Tract A (included in the overall property today) as an ALF (in the LMDR District) is a
nonconforming use, the land use and zoning change is required on Tract A to accomplish, in concert with
a Comprehensive Infill Redevelopment Project, the setbacks proposed. The two Tracts are not
separable from the other. The zero setback proposed for one Tract also creates a zero setback for the
other Tract.
Again, the proper and legal way to create the two Tracts with zero setbacks is to change the land use
and zoning for at least Tract A (most likely you would change that portion of Tract B from RU/LMDR to 1/1
land use/zoning at the same time) and request the Comprehensive Infill Redevelopment Project. The
RIP is not necessary, but the CIRP is, if the land use and zoning for that portion presently with RU land
use and LMDR zoning is changed to Institutional. These would be done BEFORE the lot split occurs.
ALL of these request should/must be filed at the same time for review by the COB. Otherwise, it will get
more confusing than it already is.
Any more questions, send them on. As a note, I will be leaving Tuesday (10/15/02) afternoon for an out-
of-the-city conference and will not return until Monday, October 21, 2002.
Wayne
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
10/1512002
10/15/2002
.
Page 2 of2
.
Sent: Monday, October 14, 2002 1:36 PM
To: Wayne Wells
Cc: Cyndi Tarapani
Subject: Regency Oaks
Wayne,
I'd like to reword my previous question because we are representing the buyer of Tract B.
Can the lot split be done without a rezoning and plan amendment for either tract?
In other words, can we proceed with the Comprehensive Infill Redevelopment Project and the
Residentiallnfill Project for Non-Residential Off-Street Parking to create the new lot on Tract Band
leave the use on Lot A legal non-conforming? That is, do nothing to Tract A except the recombine
the parcels.
Your letter seems to be requiring a plan amendment and rezoning on Tract A in order to create the
new lot, Tract B. However, I see this as 2 separate issues. One issue is the legal nonconforming
use on Tract A which can either remain legal non-conforming or be fixed with a plan amendment
and rezoning.
The other is the creation of a new lot that has to be consistent with I and LMDR zoning. This can
be fixed by the CIRP and RIP for non-residential off street parking. Can we file these 2
applications (for CIRP and RIP) at the same time?
Thanks,
Lorraine
LL
.
o
FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
I
TO: L--e\'~,,,~ L_)~
FAX: '.'\ ~ - z... l...-c; - 0 \.0 '7
Phone: ~ '3 - 22-\ - 7'6 \3
FROM: \j~\---L \0Q\\~ Phone:~ '" 2.-=-4- 5'"0+
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DATE:cJ:tL) .LJ b L RE:~ L..-..I.') Ci ,,~j
MESSAGE: ~~ -\:, ~ ~~t.J-l ,,\\ ~+ '10 v r- ~I.I <l ,,\:, ""''' .
~~\u~ _
NUMBER OF PAGES(INCLUDING THIS PAGE) -7
ANSMISSION VERIFICATION REPORT
TIME 10/03/2002 17:24
NAME PLAN
FAX 7275624576
TEL 7275624567
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
10/03 17:20
98132290617
00:04:22
07
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
October 3, 2002
Ms. Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P.O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Assisted Living Facility
2720 Regency Oaks Boulevard
Dear Ms. Vecchioli:
This office has reviewed the survey, prepared by Zarra Boyd, Inc., signed and dated September
6, 2002, Job #1031 ("Survey") submitted by your office concerning the Regency Oaks property.
It is the owner's (Clearwater Land Company) intention to transfer ownership of the Assisted
Living Facility (ALF) separate from the Skilled Nursing Facility (SNF). Based on the Survey,
the proposed lot lines separating the ALF from the SNF do not conform to the Zoning District
boundary lines as shown on the City of Clearwater Zoning Atlas. The proposed ALF Tract "A"
(legal description attached as Exhibit A) is primarily zoned LMDR, Low Medium Density
Residential, but with small portions of Tract "A" zoned I, Institutional District and P,
Preservation District (a portion ofthe wetland area on the west side of the property) (see attached
Zoning Atlas map). The corresponding land use designations are RU, Residential Urban, I,
Institutional and P, Preservation (with a WaterlDrainage Feature special designation) (see
attached land use plan map).
On December 3, 1987, the City annexed the entire Regency Oaks property into the City of
Clearwater under Ordinance 4484-87, recorded in Official Records Book 6645, Pages 664-666.
Under Ordinance 4485-87, adopted on December 3, 1987, the City amended the Land Use
Element of the City's Comprehensive Plan from Recreation/Open Space (County) to Low
Density Residential for "Parcel A" and Public/Semi-Public for "Parcel B." Also on December 3,
1987, the City amended the Zoning Atlas from "A-E" (County) to RPD, Residential Planned
Development, for Parcel "A" and P/SP, Public/Semi-Public, for "Parcel B" under Ordinance
4486-87. Based on Planning Staff research, the "Parcel A" and "Parcel B" identified under
Ordinances 4485-87 and 4486-87 were legally described areas of the overall property and not
separate parcels identified by the Pinellas County Property Appraiser's office.
Tract "A," as shown on the Survey, is developed with a 530-bed ALF in two residential
buildings. This use and site plan were approved by the City under Conditional Use Case No. 87-
BRIAN J. AUI'\GST, MAYOR-CmtMISSIOI'\ER
WHITNEY GRAY, VICE MAYOR-Cml~IISSIONER HoYT HAMILTON, CO,\I~IISSIOi\ER
FRo\NK HIHIlARD, CO~IMISSIONER * BILLJm;SON, Cml~IISSIOI'\ER
"EQUAL EMPLOYMENT AND AFfiRMATIVE ACTION EMPLOYER"
f
.
.
October 3,2002
Vecchioli - Page 2
92. Based on records on file with the City, the site plan has been certified with any attendant
modifications in 1990, 1991, 1992, 1994, 1995 and 1996. The City adopted the Community
Development Code (Code) on January 21, 1999. As stated above, Tract "A" is primarily zoned
LMDR, Low Medium Density Residential. An ALF with 530 beds is not a permitted use under
the LMDR District and is therefore deemed to be a nonconforming use. This nonconformity
may continue in conformance with Code provisions. In the event a structure in which a
nonconforming use is located is destroyed or damaged to the extent ofless than 50 percent of the
assessed value of such structure, the nonconforming use may be re-established if a complete and
legally sufficient application for all required permits to repair or restore is submitted within six
months of the date of the damage. In the event a structure in which a nonconforming use is
located is destroyed or damaged to 50 percent or more of the assessed value, these structures
may be repaired or restored only if the structure and use conform to the standards of this Code
for the zoning district in which it is located.
The overall property is presently comprised of three parcels of land with the following tax parcel
identification numbers:
OS/29/16/00000/210/0000 (Tract "B" and part of Tract "A")
OS/29/16/00000/210/0100 (part of Tract "A")
OS/29/16/00000/210/0200 (part of Tract "A") *
*By letter dated November 20, 1996, this parcel was created without City approval.
The City's definition of subdivision states that it means "any division or redivision of land into
three or more lots, tracts, sites or parcels for the purpose of transfer of ownership or building
development..." The Pinellas County Property Appraiser's records indicate that all three parcels
are currently owned by the same entity.
Since it is the owner's intention to transfer ownership of the ALF separate from the SNF and that
zoning district boundary lines do not conform to the proposed lot lines for Tract "A," the
following requirements must be complied with:
1. Amend the Land Use Plan Map and Zoning Atlas to conform the land use designation of
Institutional and zoning district boundaries of Institutional to the proposed lot lines of
Tract "A." These requests would be processed through the Development Review
Committee (DRC), the Community Development Board (CDB), the City Commission
(CC) and other hearings required by the Countywide Rules. In conjunction with the Land
Use Plan Map and Zoning Atlas requests, an application for a Comprehensive Infill
Redevelopment Project under the Institutional District would be required to be submitted
since required setbacks to parking pavement and drive aisles from common lot lines are
not being met with the proposed lot lines under Tracts "A" and "B," as shown on the
Survey. The buildings on Tract "A," as shown on the Survey, appears to meet the
required setbacks. All site data, including density and parking calculations, and setback
information will be necessary for both Tracts "A" and "B" to determine whether density
limitations, parking requirements and setbacks meet all Code requirements; and
2. In order to not be considered a subdivision, tax parcels 0000, 01 00 and 0200 must be
recombined by the Pinellas County Property Appraiser under one parcel number with one
.
.
~
October 3, 2002
Vecchioli - Page 3
owner; or, should the recombination not be possible by the Pinellas County Property
Appraiser, then a Unity of Title document will be required to be recorded in the public
records tying tax parcels 0100, 0200 and the balance of 0000 (after splitting out Tract
"B"). It is noted that a subdivision plat may be required in the future should a third lot be
created. Alternately, should, however, tax parcels 0000, 0100 and 0200 be desired to be
retained as separate tax parcels to allow for the transfer of ownership other than the
present owner, and create Tract "B," then the property must be subdivided in accordance
with Article 4, Division 7 (Subdivisions/Plats) of the Code.
After reviewing our records, it appears there are no active Code violations for the proposed ALF
Tract "A." All requests for building violations should be directed to Rob Hays, Development
Services Coordinator, at 100 South Myrtle Avenue, Clearwater, FL 33756 (727-562-4562).
Planning Staff is unable to determine whether the landscaping and signage for the proposed ALF
Tract "A" conforms to Code requirements. Should you desire an inspection of the site's
landscaping to determine such conformity, you may contact Scott Kurleman, Land Resource
Specialist, at 727-562-4746 to schedule an inspection.
Attached are copies of the current Low Medium Density Residential District, Institutional
District and Preservation District, as well as Article 6, Nonconformity Provisions, as contained
within the Community Development Code for your information. You can access zoning
information for parcels within the City through our website: www.clearwater-fl.com.
Should you need additional information, please contact Wayne Wells, AICP, Senior Planner at
727-562-4504.
Cynthia H. Tarapani, AICP
Planning Director
Attachments
Cc: JLorraine Lyn
Rob Hays, Development Services Coordinator
Scott Kurleman, Land Resource Specialist
s: IPlanning Deparlmenllzoning Ilrsl2 720 Regency Oaks Blvd.doc
.
.
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
October 3, 2002
Ms. Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P.O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Skilled Nursing Facility
2770 Regency Oaks Boulevard
Dear Ms. Vecchioli:
This office has reviewed the survey, prepared by Zarra Boyd, Inc., signed and dated September
6,2002, Job #1031 ("Survey") submitted by your office concerning the Regency Oaks property.
It is the owner's (Clearwater Land Company) intention to transfer ownership of the Skilled
Nursing Facility (SNF) separate from the Assisted Living Facility (ALF). Based on the Survey,
the proposed lot lines separating the SNF from the ALF do not conform to the Zoning District
boundary lines as shown on the City of Clearwater Zoning Atlas. The proposed SNF Tract "B"
(legal description attached as Exhibit A) is primarily zoned I, Institutional District, but with
portions of Tract "B" zoned LMDR, Low Medium Density Residential District and P,
Preservation District (a portion of the wetland area on the west side of the property) (see attached
Zoning Atlas map). The corresponding land use designations are I, Institutional, RU, Residential
Urban and P, Preservation (with a Water/Drainage Feature special designation) (see attached
land use plan map).
On December 3, 1987, the City annexed the entire Regency Oaks property into the City of
Clearwater under Ordinance 4484-87, recorded in Official Records Book 6645, Pages 664-666.
Under Ordinance 4485-87, adopted on December 3, 1987, the City amended the Land Use
Element of the City's Comprehensive Plan from Recreation/Open Space (County) to Low
Density Residential for "Parcel A" and Public/Semi-Public for "Parcel B." Also on December 3,
1987, the City amended the Zoning Atlas from "A-E" (County) to RPD, Residential Planned
Development, for Parcel "A" and P/SP, Public/Semi-Public, for "Parcel B" under Ordinance
4486-87. Based on Planning Staff research, the "Parcel A" and "Parcel B" identified under
Ordinances 4485-87 and 4486-87 were legally described areas of the overall property and not
separate parcels identified by the Pinellas County Property Appraiser's office.
Tract "B," as shown on the Survey, is developed with a 120-bed SNF. This use and site plan
were approved by the City under Conditional Use Case No. 87-92. Based on records on file with
BRIAN J AUNGST, MAYOR-CmL\IISSIONER
WIiITi':EY GRAY, VICE MAYOR-COMMISSIONER HoYr HAMILTON, COMMISSIONER
FR\i\K HIIlIlARD, COMMISSIONER * BII.LjONSON, CmlMISSIONER
"EQUAL EMPLOYMENT AND AFfIRMATIVE ACTION EMPLOYER"
.
e
October 3, 2002
Vecchioli - Page 2
the City, the site plan has been certified with any attendant modifications in 1990, 1991, 1992,
1994, 1995 and 1996. The City adopted the Community Development Code (Code) on January
21, 1999. As stated above, Tract "B" is primarily zoned I, Institutional. A SNF with 120 beds is
a permitted use under the Institutional District and is therefore deemed to be a conforming use.
It is noted that the SNF building appears to be located solely within the Institutional District.
Any future expansion into the LMDR District will require a Land Use Plan amendment to
Institutional and a rezoning to the Institutional District.
The overall property is presently comprised of three parcels of land with the following tax parcel
identification numbers:
OS/29/16/00000/210/0000 (Tract "B" and part of Tract "A")
OS/29/16/00000/210/0100 (part of Tract "A")
OS/29/16/00000/210/0200 (part of Tract "A") *
*By letter dated November 20, 1996, this parcel was created without City approval.
The City's definition of subdivision states that it means "any division or redivision of land into
three or more lots, tracts, sites or parcels for the purpose of transfer of ownership or building
development..." The Pinellas County Property Appraiser's records indicate that all three parcels
are currently owned by the same entity.
Since it is the owner's intention to transfer ownership of the SNF separate from the ALF and that
zoning district boundary lines do not conform to the proposed lot lines for Tract "B," the
following requirements must be complied with and/or options are available to you:
1. (Option) Amend the Land Use Plan Map and Zoning Atlas to conform the land use
designation of Institutional and zoning district boundaries of Institutional to the proposed
lot lines of Tract "B." These requests would be processed through the Development
Review Committee (DRC), the Community Development Board (CDB), the City
Commission (CC) and other hearings required by the Countywide Rules. In conjunction
with the Land Use Plan Map and Zoning Atlas requests, an application for a
Comprehensive Infill Redevelopment Project under the Institutional District must be
submitted, since required setbacks to parking pavement and drive aisles from common lot
lines are not being met with the proposed lot lines under Tracts "A" and "B," as shown
on the Survey. The building on Tract "B," as shown on the Survey, appears to meet the
required setbacks in the Institutional District. All site data, including density and parking
calculations, and setback information will be necessary for both Tracts "A" and "B" to
determine whether density limitations, parking requirements and setbacks meet all Code
requirements. Note: This option must include Requirement #3 below;
2. (Requirement) Apply for a Comprehensive Infill Redevelopment Project under the
Institutional District since required setbacks to parking pavement and drive aisles from
common lot lines are not being met with the proposed lot lines under Tracts "A" and "B,"
as shown on the Survey. Additionally, since some of the parking spaces and drive aisles
for the SNF appears to be within the LMDR District and required setbacks to parking
pavement and drive aisles from common lot lines are not being met with the proposed lot
lines under Tracts "A" and "B," as shown on the Survey, an application for a Residential
.
.
October 3,2002
Vecchio Ii - Page 3
Intill Project for Non-Residential Off-Street Parking within the LMDR District must be
submitted for review by the CDB. The building on Tract "B," as shown on the Survey,
appears to meet the required setbacks in the Institutional District. All site data, including
density and parking calculations, and setback information will be necessary for both
Tracts "A" and "B" to determine whether density limitations, parking requirements and
setbacks meet all Code requirements; and
3. (Requirement) In order to not be considered a subdivision, tax parcels 0000, 0100 and
0200 must be recombined by the Pinellas County Property Appraiser under one parcel
number with one owner; or, should the recombination not be possible by the Pinellas
County Property Appraiser, then a Unity of Title document will be required to be
recorded in the public records tying tax parcels 0100, 0200 and the balance of 0000 (after
splitting out Tract "B"). It is noted that a subdivision plat may be required in the future
should a third lot be created. Alternately, should, however, tax parcels 0000, 0100 and
0200 be desired to be retained as separate tax parcels to allow for the transfer of
ownership other than the present owner, and create Tract "B," then the property must be
subdivided in accordance with Article 4, Division 7 (SubdivisionslPlats) of the Code.
After reviewing our records, it appears there are no active Code violations for the proposed SNF
Tract "B." All requests for building violations should be directed to Rob Hays, Development
Services Coordinator, at 100 South Myrtle Avenue, Clearwater, FL 33756 (727-562-4562).
Planning Staff is unable to determine whether the landscaping and signage for the proposed SNF
Tract "B" conforms to Code requirements. Should you desire an inspection of the site's
landscaping to determine such conformity, you may contact Scott Kurleman, Land Resource
Specialist, at 727-562-4746 to schedule an inspection.
Attached are copies of the current Institutional District, Low Medium Density Residential
District and Preservation District as contained within the Community Development Code for
your information. You can access zoning information for parcels within the City through our
website: www.c1earwater-fl.com.
Should you need additional information, please contact Wayne Wells, AICP, Senior Planner at
727 -562-4504.
Cynthia H. Tarapani, AICP
Planning Director
Attachments
Cc: ..J Lorraine Lyn
Rob Hays, Development Services Coordinator
Scott Kurleman, Land Resource Specialist
S:IPlanning Departmentlzoning Itrsl2770 Regency Oaks Blvd - 9.30.02.doc
.
e
Page 1 of 1
Wells, Wayne
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Monday, October 14, 2002 8:25 AM
To: Wayne Wells
Subject: Regency Oaks
Wayne,
Thanks for your response but I still need one further clarification of the following statement:
In order to create the setbacks to property lines as proposed (since we measure setbacks to pavement/parking
surface and not only buildings/structures), it boiled down to a requirement to amend the land use plan and rezone
Tract "A" to Institutional in order to create the lot lines where proposed.
My understanding is that the setback problem is on the new lot, Tract B. This is, pavement/parking surface cannot
meet the 25' front setback of the I district. If this is the case, what difference is it what Track A is zoned? It seems
that all applicable zoning districts have a 25' front setback. I don't see where changing the zoning on Tract A from
LMDR to I will take care of the setback problem. It will only take care of the nonconforming use problem.
Lorraine
10/14/2002
~
.
.
Page 1 of2
Wells, Wayne
From: Wells, Wayne
ISent: Friday, October 11,20021 :31 PM
ITo: 'Lorraine Lyn'
! Cc: Tarapani, Cyndi; Fierce, Lisa
Subject: RE: Regency Oaks
Hi Lorraine -
Couldn't answer your request yesterday as we had a monthly all-day meeting.
The difference between the two letters is based on the zoning and use of each Tract. Tract "A" is developed with
an ALF that is zoned LMDR and the use is nonconforming. In order to create the setbacks to property lines as
proposed (since we measure setbacks to pavement/parking surface and not only buildings/structures), it boiled
down to a requirement to amend the land use plan and rezone Tract "A" to Institutional in order to create the lot
lines where proposed. The SNF on Tract "B" is a permitted use (land use and zoning of Institutional) and the
"option" of a land use and zoning change was to change only that portion of Tract "B" with RU land use and
LMDR zoning to Institutional land use and zoning to conform the Institutional land use and zoning to the proposed
lot lines of Tract "B" (not a requirement since the building is within the Institutional land use and zoning).
As to process, the requirements listed in both the ALF and SNF letters should/must be done before Tracts "A" and
"B" are created by recording deeds. By making the requests prior to creation, one is asking permission to create.
By making the requests after the creation, one is asking forgiveness. It is always better (legally) to ask for
permission rather than forgiveness, especially when public hearings are involved.
You probably did not get copies of the attachments to these letters. If you would please give me your address I
will send these attachments to you. The Nonconformity Provisions of Article 6 govern the ALF tract.
Nonconforming uses of land or structures cannot be expanded, but normal repair and maintenance may be
performed. Should the building be damaged or destroyed, the third paragraph in the letter outlined the provisions
of our Code.
As to the application for the Comprehensive Infill Redevelopment Project request, the letter outlined that such
application be made "in conjunction with" the Land Use and Rezoning requests, meaning at the same time.
Should an owner consider splitting their parcel into two lots, it is hoped that the owner/buyer contacts the Planning
Department prior to such split to determine whether the split would be legal to all Code provisions (setbacks,
parking, density, floor area ratio, impervious surface ratio, etc.). If there were processes necessary to go
through in order to legally (by Community Development Code) split the parcel creating the two lots, it is hoped
that they heed our direction/requirements. Lots/parcels/tracts created not in conformance with Code provisions
may have legal issues between the two parties (owner/buyer) to "fix" the problems created by recording the
deed splitting the parcel into two lots. There is also the issue of governmental boards not approving the requests,
which then may create bigger headaches for the parties involved.
I hope this clarifies the letters and answers your questions.
Wayne Wells, AICP
Senior Planner
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Wednesday, October 09,20025:14 PM
To: Wayne Wells
Cc: Cyndi Tarapani
Subject: Regency Oaks
Hi guys,
Thanks for your letters dated Oct. 3, 2002. The attorneys have read the letters and would like one further
10/1112002
"
..
.
.
Page 2 of2
clarification between the 2 letters with regard to a plan amendment and rezoning. Why is it an option in one
letter and a requirement in the other?
The letter on Tract A states:
"Since it is the owner's intention to transfer ownership of the ClF separate from the SNF and that zoning
district boudnary lines do not conform to the proposed lot lines for Tract "A", the following requirements
must be complied with:"
15 the City requiring a plan amendment and rezoning in order to split the lot? Or should amending the plan
and a rezoning be an option? Plan amendments and rezoning were options in both draft letters dated Sept
25th.
On a related note, are there any provisions in the City's code where a current action, such as the lot split
would first require bringing existing legal non-conformities (use, density and height) into compliance?
When should the Comprehensive Infill Redevelopment Project under the I district (for setbacks to parking
pavement and drive aisles from lot lines) be applied for if the city does not have a process for the creation
of 2 lots? After or before the lot split?
Thanks,
Lorraine
10/11/2002
.
.
Page 1 of 1
Wells, Wayne
---....,~v~~,_~~___~u__~.___._~__.."w m""""""W^"'A_^W~m_""u, _. "m"_. ~-'Y~"'___~~~~'___"______ ._~. .'. __'v_'~__rw'm'_"_~_~__,_~^_'_"HY' """,.~,n^,mv_,,~._._"", ._,_,_~u^ .mmmm_m~,_n_""^,""W""V"""""~"____""'"""m~.~"""
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Monday, September 30,20022:30 PM
To: Wells, Wayne
Subject: Regency Oaks
Hi Wayne,
From what I could tell in reviewing this project, the City changed the Plan from Low Density Residential and P/SP
to RU and I in 1999. The zoning was also changed from P/SP and RPD-8 to I and LMDR. However, the entire
project was conforming under the RPD-8 till then. (It seems wetlands were designated P/SP)
Up until 1999, the development complied with the certified site plan approved by the City (latest in 1996), under
the RPD zoning.
Why then are the setbacks from common lot lines not being met with the proposed lot lines under tracts A and B?
. Were these setbacks required by the PRD district but are no longer met because of the lot split?
. Or is the lot split triggering current zoning requirements pertaining to parking and driveway aisle setbacks?
Thanks,
Lorraine
10/1/2002
.
.
Page 1 of2
Wells, Wayne
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Tuesday, September 17, 2002 9:00AM
To: Wells, Wayne
Subject: Regency Oaks Retirement Home
Hi Wayne,
Have you had time to look at this project?
Thanks,
Lorraine
Wayne,
Did you get a chance to look at this issue? Does the LMDR zoning permit congregate living facilities?
Thanks,
Lorraine
----- Original Message -----
From: Wells. Wayne
To: 'Lorraine Lyn'
Sent: Thursday, August 29, 2002 5:58 PM
Subject: RE: Regency Oaks Retirement Home
Lorraine -
This may be part of a question from Johnson, Blakely law firm. I will not be able to get you an anwer until at
least Tuesday afternoon, as I am on vacation tomorrow (8/30/02). Hope this can wait.
Wayne
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Thursday, August 29, 2002 5:30 PM
To: Wells, Wayne
Subject: Regency Oaks Retirement Home
Hi Wayne,
This project was approved in 1987 when the zoning was P/SP and RPD-8. When I came over yesterday
to see the file, Arden told me that the City changed the Land Use Plan from Low Density Residential and
Public/Semi-Public to Residential Urban and Institution and the zoning from P/SP and RPD-8 to I and
LMDR in 1999. .
The skilled nursing facility and assisted living facility are within the portion zoned I. However, the site plan
shows a 5 story retirement center in the portion zoned LMDR. Altho the LMDR allows attached units, it
has a max height of 30 feet.
Would this project be conforming to zoning since the City rezoned it or would it be considered legal non-
conforming?
Thanks,
Lorraine
Ph # (813) 221-7813
8/28/02
Hi Wayne,
I sent an e-mail to Lisa Fierce last Wed and she said she forwarded it to you.
I'm working on a due deligency for Regency Oaks, an ACLF project. Based on the info I was able to get
from your website, the property is within the Residential Urban and Institutional land use categories and
is zoned LMDR. Could you confirm the plan category and zoning for the following parcels?
9/17/2002
.
.
Page 20[2
. OS/29/16/00000/210/0000, a 30-89 acre tract with addresses of 2720 and 2770 Regency Oaks
Boulevard;
. OS/29/16/00000/210/0100, a 0.95 acre tract with an address of 2720 Regency Oaks Boulevard;
. OS/29/16/00000/210/0200, a 6.42 acre tract with an address of 2701 Regency Oaks Boulevard;
Thanks,
Lorraine Lyn
MurphyLaRocca Consulting
Tampa
8/21/02
Hi Lisa,
I'm working on a due deligency regarding the separation of ownership of the ACLF parcel within the
Regency Oaks project.
Based on the info I was able to get from your website, the property is within the Urban Residential land
use category and is zoned LMDR. This doesn't seem correct to me. Would you kindly share whatever
info you have on the project or direct me to the right source?
Thanks,
Lorraine Lyn
MurphyLaRocca Consulting
Tampa
9/17/2002
.
.
Page 1 of 1
Wells, Wayne
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Wednesday, September 04, 2002 8:10AM
To: Wells, Wayne
Subject: Re: Regency Oaks Retirement Home
Wayne,
Did you get a chance to look at this issue? Does the LMDR zoning permit congregate living facilities?
Thanks,
Lorraine
----- Original Message ----
From: Wells. Wayne
To: 'Lorraine Lyn'
Sent: Thursday, August 29, 2002 5:58 PM
Subject: RE: Regency Oaks Retirement Home
Lorraine -
This may be part of a question from Johnson, Blakely law firm. I will not be able to get you an anwer until at
least Tuesday afternoon, as I am on vacation tomorrow (8/30/02). Hope this can wait.
Wayne
-----Original Message-----
From: Lorraine Lyn (mailto:lyn@murphylarocca.com]
Sent: Thursday, August 29, 2002 5:30 PM
To: Wells, Wayne
Subject: Regency Oaks Retirement Home
Hi Wayne,
This project was approved in 1987 when the zoning was P/SP and RPD-8. When I came over yesterday
to see the file, Arden told me that the City changed the Land Use Plan from Low Density Residential and
Public/Semi-Public to Residential Urban and Institution and the zoning from P/SP and RPD-8 to I and
LMDR in 1999. .
The skilled nursing facility and assisted living facility are within the portion zoned I. However, the site plan
shows a 5 story retirement center in the portion zoned LMDR. A1tho the LMDR allows attached units, it
has a max height of 30 feet.
Would this project be conforming to zoning since the City rezoned it or would it be considered legal non-
conforming?
Thanks,
Lorraine
Ph # (813) 221-7813
9/512002
.
e
Page 1 of 1
Wells, Wayne
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Thursday, August 29,20025:30 PM
To: Wells, Wayne
Subject: Regency Oaks Retirement Home
Hi Wayne,
This project was approved in 1987 when the zoning was P/SP and RPD-8. When I came over yesterday to see
the file, Arden told me that the City changed the Land Use Plan from Low Density Residential and Public/Semi-
Public to Residential Urban and Institution and the zoning from P/SP and RPD-8 to I and LMDR in 1999. .
The skilled nursing facility and assisted living facility are within the portion zoned I. However, the site plan shows
a 5 story retirement center in the portion zoned LMDR. A1tho the LMDR allows attached units, it has a max height
of 30 feet.
Would this project be conforming to zoning since the City rezoned it or would it be considered legal non-
conforming?
Thanks,
Lorraine
Ph # (813) 221-7813
r ~j.. <8 1""3 - 2.. L- '1 - () l, '7
8/29/2002
.
.
Page 1 of 1
Wells, Wayne
From: Wells, Wayne
Sent: Wednesday, August 28,20022:42 PM
PM
To: Fierce, Lisa
Subject: RE: 2701 & 2720 Regency Oaks Blvd
Lorraine Lyn came in today and looked throught the Certified Site Plan file and got copies of "stuff' (Arden helped
her out). I presume she got what she needed to do her work.
Wayne
-----Original Message-----
From: Fierce, Lisa
Sent: Wednesday, August 28, 2002 10:25 AM
To: Wells, Wayne
Subject: FW: 2701 & 2720 Regency Oaks Blvd
status?
Lisa L. Fierce
Assistant Planning Director
City of Clearwater - Planning Department
lfierce@clearwater-fl.com
727.562.4561 phone
727.562.4865 fax
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Wednesday, August 21, 2002 9:53 AM
To: Ifierce@c1earwater-f1.com
Subject: 2701 & 2720 Regency Oaks Blvd
Hi Lisa,
I'm working on a due deligency regarding the separation of ownership of the ACLF parcel within the
Regency Oaks project.
Based on the info I was able to get from your website, the property is within the Urban Residential land use
category and is zoned LMDR. This doesn't seem correct to me. Would you kindly share whatever info you
have on the project or direct me to the right source?
Thanks,
Lorraine Lyn
MurphyLaRocca Consulting
Tampa
8/2812002
.
.
Page 1 of 1
Wells, Wayne
From: Lorraine Lyn [Iyn@murphylarocca.com]
Sent: Monday, August 26,2002 1 :23 PM
To: wwells@clearwater-f1.com
Subject: 2701 & 2720 Regency Oaks Blvd
Hi Wayne,
I sent an e-mail to Lisa Fierce last Wed and she said she forwarded it to you.
I'm working on a due deligency for Regency Oaks, an ACLF project. Based on the info I was able to get from your
website, the property is within the Residential Urban and Institutional land use categories and is zoned LMDR.
Could you confirm the plan category and zoning for the following parcels?
. OS/29/16/00000/210/0000, a 30-89 acre tract with addresses of 2720 and 2770 Regency Oaks Boulevard;
. OS/29/16/00000/210/0100, a 0.95 acre tract with an address of 2720 Regency Oaks Boulevard;
. OS/29/16/00000/210/0200, a 6.42 acre tract with an address of 2701 Regency Oaks Boulevard;
Thanks,
Lorraine Lyn
MurphyLaRocca Consulting
Tampa
8/2712002
.
.
Page 1 of 1
Wells, Wayne
From: Fierce, Lisa
Sent: Wednesday, August 21,200212:38 PM
To: 'Lorraine Lyn' ~ \ ~ - 2..2.. \ - 7 ~ , '3>>
Cc: Wells, Wayne
Subject: RE: 2701 & 2720 Regency Oaks Blvd
i have asked wayne wells, senior planner, to respond to you; he is under a big deadline and may not be able to
respond to you til friday
Lisa L. Fierce
Assistant Planning Director
City of Clearwater - Planning Department
lfierce@clearwater-fl.com
727.562.4561 phone
727.562.4865 fax
-----Original Message-----
From: Lorraine Lyn [mailto:lyn@murphylarocca.com]
Sent: Wednesday, August 21, 2002 9:53 AM
To: Ifierce@c1earwater-f1.com
Subject: 2701 & 2720 Regency Oaks Blvd
Hi Lisa,
I'm working on a due deligency regarding the separation of ownership of the ACLF parcel within the
Regency Oaks project.
Based on the info I was able to get from your website, the property is within the Urban Residential land use
category and is zoned LMDR. This doesn't seem correct to me. Would you kindly share whatever info you
have on the project or direct me to the right source?
Thanks,
Lorraine Lyn
MurphyLaRocca Consulting
Tampa
8/27/2002
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CITY OF CLEARWATER
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POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
October 3, 2002
Ms. Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P.O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Assisted Living Facility
2720 Regency Oaks Boulevard
Dear Ms. Vecchioli:
This office has reviewed the survey, prepared by Zarra Boyd, Inc., signed and dated September
6, 2002, Job #1031 ("Survey") submitted by your office concerning the Regency Oaks property.
It is the owner's (Clearwater Land Company) intention to transfer ownership of the Assisted
Living Facility (ALF) separate from the Skilled Nursing Facility (SNF). Based on the Survey,
the proposed lot lines separating the ALF from the SNF do not conform to the Zoning District
boundary lines as shown on the City of Clearwater Zoning Atlas. The proposed ALF Tract "A"
(legal description attached as Exhibit A) is primarily zoned LMDR, Low Medium Density
Residential, but with small portions of Tract "A" zoned I, Institutional District and P,
Preservation District (a portion of the wetland area on the west side of the property) (see attached
Zoning Atlas map). The corresponding land use designations are RU, Residential Urban, I,
Institutional and P, Preservation (with a Water/Drainage Feature special designation) (see
attached land use plan map).
On December 3, 1987, the City annexed the entire Regency Oaks property into the City of
Clearwater under Ordinance 4484-87, recorded in Official Records Book 6645, Pages 664-666.
Under Ordinance 4485-87, adopted on December 3, 1987, the City amended the Land Use
Element of the City's Comprehensive Plan from Recreation/Open Space (County) to Low
Density Residential for "Parcel A" and Public/Semi-Public for "Parcel B." Also on December 3,
1987, the City amended the Zoning Atlas from "A-E" (County) to RPD, Residential Planned
Development, for Parcel "A" and P/SP, Public/Semi-Public, for "Parcel B" under Ordinance
4486-87. Based on Planning Staff research, the "Parcel A" and "Parcel B" identified under
Ordinances 4485-87 and 4486-87 were legally described areas of the overall property and not
separate parcels identified by the Pinellas County Property Appraiser's office.
Tract "A," as shown on the Survey, is developed with a 530-bed ALF in two residential
buildings. This use and site plan were approved by the City under Conditional Use Case No. 87-
BRIAN J, AUNGST, M:\YOR-Cml~lISSIONER
\VHITNFY GRAY, VICE MAYOR-COMMISSIONER HoY!' HA\IILTOi'i, CQ,\I~lISSIOr;ER
FR\NK HIBBARD, COMMISSIONER * BILLjONSOi'i, CmIWSS!ONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
,
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October 3,2002
Vecchioli - Page 2
92. Based on records on file with the City, the site plan has been certified with any attendant
modifications in 1990, 1991, 1992, 1994, 1995 and 1996. The City adopted the Community
Development Code (Code) on January 21, 1999. As stated above, Tract "A" is primarily zoned
LMDR, Low Medium Density Residential. An ALF with 530 beds is not a permitted use under
the LMDR District and is therefore deemed to be a nonconforming use. This nonconformity
may continue in conformance with Code provisions. In the event a structure in which a
nonconforming use is located is destroyed or damaged to the extent ofless than 50 percent ofthe
assessed value of such structure, the nonconforming use may be re-established if a complete and
legally sufficient application for all required permits to repair or restore is submitted within six
months of the date of the damage. In the event a structure in which a nonconforming use is
located is destroyed or damaged to 50 percent or more of the assessed value, these structures
may be repaired or restored only if the structure and use conform to the standards of this Code
for the zoning district in which it is located.
The overall property is presently comprised of three parcels of land with the following tax parcel
identification numbers:
OS/29/16/00000/210/0000 (Tract "B" and part of Tract "A")
OS/29/16/00000/210/0100 (part of Tract "A")
OS/29/16/00000/210/0200 (part of Tract "A") *
*By letter dated November 20, 1996, this parcel was created without City approval.
The City's definition of subdivision states that it means "any division or redivision of land into
three or more lots, tracts, sites or parcels for the purpose of transfer of ownership or building
development..." The Pinellas County Property Appraiser's records indicate that all three parcels
are currently owned by the same entity.
Since it is the owner's intention to transfer ownership of the ALF separate from the SNF and that
zoning district boundary lines do not conform to the proposed lot lines for Tract "A," the
following requirements must be complied with:
1. Amend the Land Use Plan Map and Zoning Atlas to conform the land use designation of
Institutional and zoning district boundaries of Institutional to the proposed lot lines of
Tract "A." These requests would be processed through the Development Review
Committee (DRC), the Community Development Board (CDB), the City Commission
(CC) and other hearings required by the Countywide Rules. In conjunction with the Land
Use Plan Map and Zoning Atlas requests, an application for a Comprehensive Infill
Redevelopment Project under the Institutional District would be required to be submitted
since required setbacks to parking pavement and drive aisles from common lot lines are
not being met with the proposed lot lines under Tracts "A" and "B," as shown on the
Survey. The buildings on Tract "A," as shown on the Survey, appears to meet the
required setbacks. All site data, including density and parking calculations, and setback
information will be necessary for both Tracts "A" and "B" to determine whether density
limitations, parking requirements and setbacks meet all Code requirements; and
2. In order to not be considered a subdivision, tax parcels 0000, 0100 and 0200 must be
recombined by the Pinellas County Property Appraiser under one parcel number with one
i'
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October 3, 2002
Vecchioli - Page 3
owner; or, should the recombination not be possible by the Pinellas County Property
Appraiser, then a Unity of Title document will be required to be recorded in the public
records tying tax parcels 0100, 0200 and the balance of 0000 (after splitting out Tract
"B"). It is noted that a subdivision plat may be required in the future should a third lot be
created. Alternatelv, should, however, tax parcels 0000, 0100 and 0200 be desired to be
retained as separate tax parcels to allow for the transfer of ownership other than the
present owner, and create Tract "B," then the property must be subdivided in accordance
with Article 4, Division 7 (SubdivisionslPlats) ofthe Code.
After reviewing our records, it appears there are no active Code violations for the proposed ALF
Tract "A." All requests for building violations should be directed to Rob Hays, Development
Services Coordinator, at 100 South Myrtle Avenue, Clearwater, FL 33756 (727-562-4562).
Planning Staff is unable to determine whether the landscaping and signage for the proposed ALF
Tract "A" conforms to Code requirements. Should you desire an inspection of the site's
landscaping to determine such conformity, you may contact Scott Kurleman, Land Resource
Specialist, at 727-562-4746 to schedule an inspection.
Attached are copies of the current Low Medium Density Residential District, Institutional
District and Preservation District, as well as Article 6, Nonconformity Provisions, as contained
within the Community Development Code for your information. You can access zoning
information for parcels within the City through our website: www.clearwater-fl.com.
Should you need additional information, please contact Wayne Wells, AICP, Senior Planner at
727 -562-4504.
Cynthia H. Tarapani, AICP
Planning Director
Attachments
Cc: Lorraine Lyn
Rob Hays, Development Services Coordinator
Scott Kurleman, Land Resource Specialist
S:\Planning Departmentlzoning Itrs\2720 Regency Oaks Blvd. doc
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ALF PARCEL
DESCRlPTION: TRACT A
Being a portion ofthe Northeast ~''4 of the Northwest Y4 of Section 5, Township 29 South, Range 16 East,
Pinellas County, Florida and being more particularly described as follows:
COMMENCE at the Southeast comer of the Northeast 1:4 ofthe Northwest ~'4 of said Section 5: thence
N.89c39'20"W., along the South line of the Northeast v.. of the Northwest ~/'; of said Section 5, for 33.00
feet to the POINT OF BEGINNING; thence continue:N.89c39'20"W., along said South line and along the
Northerly boundary lines of ROBINWOOD SUBDrvISION, ROI3INWOOD SUBJ)IVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, ofthe Public Records of Pine lIas County, Florida, for 1311.05 feet to the
Northwest comer of aforesaid plat of THE ELKS; thence N.Ooc48'56"E., along the West line ofthe
Northeast ~ ofthe Northwest y,. of said Section 5, for 1336.20 fect to the Southwest corner of the plat of
LAKE CHAUTAUQUA ESTATES, as recorded in Plat Book 90, page 22 orlhe Public Rm.:ords of
Pincllas County, l'lorida; thence S.89042'36"E., along the North line of the Northeast ~'4 ofthe Northwest
1.'4 of said Section 5 (being the basis of bearings of this description). sal1l~ also being Lhe South boundary
line of aforesaid LAKE CHAUTAUQUA ESTATES, for 630.00 feet 10 the point of intersection \vith the
Westerly right-o.t:way line of 2ND STREET EAST; thence S.00002'32"W., along said Westerly right-of-
way line, for 30.00 feet: thence S.89042'36"E., along a line 30.00 feet South of and parallel to the North
line ofthe Northeast ~,'4 of the Northwest ~..~ of said Section 5, for 670.63 feet: thence S.Ooo22'34"W..
along a line 33.00 feet West of and parallel to the East line oflhe Northeast ~'4 of the Northwest 1.::i of said
Section 5, for 1307.39 feet to the POINT OF BEGINNING and containing 39.6 I acres, more or less.
LESS AJ.'ID EXCEPT:
COMMENCE at the Southeast comer of the Northea51 1/4 ofLhe Northwest 1/4 ofsaid Section 5: thence
N89039'20"W, along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, also being
the northerly boundary lines of ROBIN WOOD SUBDIVISION, ROBIN WOOD SUBDIVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90. respectively, of the Public Records of Pine lias COllnty, Florida, for 1015.30 feet to the POINT
OF BEGINNING; thence continue along said line N89OJ9'20"W, for 328.25 feel to the Norlhw'est comer
of aforesaid plat of THE ELKS; thence NOo048'56"E, along the West line of the Northeast LA of the
Northwest 1/4 of said Section 5, for 337.03 feet; thence N37"22'44"E, for 392.31 feet: thence
N07c57'17"E, for 29.55 feet; thence S4205I'57"E, for 57.73 feet: thence S34036'OS"E. for I 19.85 feet:
thence S44OJ5'25"E, for 107.76 teet: thence S33040'06"E, for 30.61 feet; Ihence S44016'55"E, for 15855
teet; thence S28042'43"E, for 45.96 feet; thence SI401O'34''F, for 82.48 teet; thence S63033'50"W. for
19.381eet; thence N29OJ1'33"W, for 78.31 feel: thence S47045'44"\V.lor 328.30 l~elto the POINT OF
BEGINNING, and containing 5.84 acres, more or less, (254,507 square teet, more or less).
TOTAL NET AREA EQUALS 33.77 ACRES, MORE OR LESS (1,471,097 SQUARE FEET, j\10RE OR
LESS)
EXHIBIT,A
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CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PLANNING DEPARTMENT
October 3, 2002
Ms. Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P.O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Skilled Nursing Facility
2770 Regency Oaks Boulevard
Dear Ms. Vecchioli:
This office has reviewed the survey, prepared by Zarra Boyd, Inc., signed and dated September
6,2002, Job #1031 ("Survey") submitted by your office concerning the Regency Oaks property.
It is the owner's (Clearwater Land Company) intention to transfer ownership of the Skilled
Nursing Facility (SNF) separate from the Assisted Living Facility (ALF). Based on the Survey,
the proposed lot lines separating the SNF from the ALF do not conform to the Zoning District
boundary lines as shown on the City of Clearwater Zoning Atlas. The proposed SNF Tract "B"
(legal description attached as Exhibit A) is primarily zoned I, Institutional District, but with
portions of Tract "B" zoned LMDR, Low Medium Density Residential District and P,
Preservation District (a portion ofthe wetland area on the west side of the property) (see attached
Zoning Atlas map). The corresponding land use designations are I, Institutional, RU, Residential
Urban and P, Preservation (with a Water/Drainage Feature special designation) (see attached
land use plan map).
On December 3, 1987, the City annexed the entire Regency Oaks property into the City of
Clearwater under Ordinance 4484-87, recorded in Official Records Book 6645, Pages 664-666.
Under Ordinance 4485-87, adopted on December 3, 1987, the City amended the Land Use
Element of the City's Comprehensive Plan from Recreation/Open Space (County) to Low
Density Residential for "Parcel A" and Public/Semi-Public for "Parcel B." Also on December 3,
1987, the City amended the Zoning Atlas from "A-E" (County) to RPD, Residential Planned
Development, for Parcel "A" and P/SP, Public/Semi-Public, for "Parcel B" under Ordinance
4486-87. Based on Planning Staff research, the "Parcel A" and "Parcel B" identified under
Ordinances 4485-87 and 4486-87 were legally described areas of the overall property and not
separate parcels identified by the Pinellas County Property Appraiser's office.
Tract "B," as shown on the Survey, is developed with a 120-bed SNF. This use and site plan
were approved by the City under Conditional Use Case No. 87-92. Based on records on file with
BRIAN], AUNGST, MA YOR.CmlMISSIONER
WHITNEY GRAY, VICE Iv1AYOR.COMMISSIONER HoYT HMllLTO:-':, COMMISSIONER
FRA:-':K HIllIlARD, COMMlSSIOJ\ER * BILL]ONSON. Cml~IIsSIONER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
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October 3, 2002
Vecchioli - Page 2
the City, the site plan has been certified with any attendant modifications in 1990, 1991, 1992,
1994, 1995 and 1996. The City adopted the Community Development Code (Code) on January
21, 1999. As stated above, Tract "B" is primarily zoned I, Institutional. A SNF with 120 beds is
a permitted use under the Institutional District and is therefore deemed to be a conforming use.
It is noted that the SNF building appears to be located solely within the Institutional District.
Any future expansion into the LMDR District will require a Land Use Plan amendment to
Institutional and a rezoning to the Institutional District.
The overall property is presently comprised of three parcels of land with the following tax parcel
identification numbers:
OS/29/16/00000/210/0000 (Tract "B" and part of Tract "A")
OS/29/16/00000/210/0100 (part of Tract "A")
OS/29/16/00000/210/0200 (part of Tract "A") *
*By letter dated November 20, 1996, this parcel was created without City approval.
The City's definition of subdivision states that it means "any division or redivision of land into
three or more lots, tracts, sites or parcels for the purpose of transfer of ownership or building
development..." The Pinellas County Property Appraiser's records indicate that all three parcels
are currently owned by the same entity.
Since it is the owner's intention to transfer ownership of the SNF separate from the ALF and that
zoning district boundary lines do not conform to the proposed lot lines for Tract "B," the
following requirements must be complied with and/or options are available to you:
1. (Option) Amend the Land Use Plan Map and Zoning Atlas to conform the land use
designation of Institutional and zoning district boundaries of Institutional to the proposed
lot lines of Tract "B." These requests would be processed through the Development
Review Committee (DRC), the Community Development Board (CDB), the City
Commission (CC) and other hearings required by the Countywide Rules. In conjunction
with the Land Use Plan Map and Zoning Atlas requests, an application for a
Comprehensive Infill Redevelopment Project under the Institutional District must be
submitted, since required setbacks to parking pavement and drive aisles from common lot
lines are not being met with the proposed lot lines under Tracts "A" and "B," as shown
on the Survey. The building on Tract "B," as shown on the Survey, appears to meet the
required setbacks in the Institutional District. All site data, including density and parking
calculations, and setback information will be necessary for both Tracts "A" and "B" to
determine whether density limitations, parking requirements and setbacks meet all Code
requirements. Note: This option must include Requirement #3 below;
2. (Requirement) Apply for a Comprehensive Infill Redevelopment Project under the
Institutional District since required setbacks to parking pavement and drive aisles from
common lot lines are not being met with the proposed lot lines under Tracts "A" and "B,"
as shown on the Survey. Additionally, since some of the parking spaces and drive aisles
for the SNF appears to be within the LMDR District and required setbacks to parking
pavement and drive aisles from common lot lines are not being met with the proposed lot
lines under Tracts "A" and "B," as shown on the Survey, an application for a Residential
..
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October 3,2002
Vecchioli - Page 3
Infill Project for Non-Residential Off-Street Parking within the LMDR District must be
submitted for review by the CDB. The building on Tract "B," as shown on the Survey,
appears to meet the required setbacks in the Institutional District. All site data, including
density and parking calculations, and setback information will be necessary for both
Tracts "A" and "B" to determine whether density limitations, parking requirements and
setbacks meet all Code requirements; and
3. (Requirement) In order to not be considered a subdivision, tax parcels 0000, 0100 and
0200 must be recombined by the Pinellas County Property Appraiser under one parcel
number with one owner; or, should the recombination not be possible by the Pinellas
County Property Appraiser, then a Unity of Title document will be required to be
recorded in the public records tying tax parcels 0100, 0200 and the balance of 0000 (after
splitting out Tract "B"). It is noted that a subdivision plat may be required in the future
should a third lot be created. Alternately, should, however, tax parcels 0000, 0100 and
0200 be desired to be retained as separate tax parcels to allow for the transfer of
ownership other than the present owner, and create Tract "B," then the property must be
subdivided in accordance with Article 4, Division 7 (SubdivisionslPlats) of the Code.
After reviewing our records, it appears there are no active Code violations for the proposed SNF
Tract "B." All requests for building violations should be directed to Rob Hays, Development
Services Coordinator, at 100 South Myrtle Avenue, Clearwater, FL 33756 (727-562-4562).
Planning Staff is unable to determine whether the landscaping and signage for the proposed SNF
Tract "B" conforms to Code requirements. Should you desire an inspection of the site's
landscaping to determine such conformity, you may contact Scott Kurleman, Land Resource
Specialist, at 727-562-4746 to schedule an inspection.
Attached are copies of the current Institutional District, Low Medium Density Residential
District and Preservation District as contained within the Community Development Code for
your information. You can access zoning information for parcels within the City through our
website: www.clearwater-fl.com.
Should you need additional information, please contact Wayne Wells, AICP, Senior Planner at
727 -562-4504.
Cynthia H. Tarapani, AICP
Planning Director
Attachments
Cc: Lorraine Lyn
Rob Hays, Development Services Coordinator
Scott Kurleman, Land Resource Specialist
S:\Planning Departmentlzoning ltrsl1770 Regency Oaks Blvd - 9.30.01.doc
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SNF PARCEL
DESCRIPTION: TRACT B
B~ing a portion of the Northeast 1/4 of the Northwest l!4 of Section 5, Township 29
South, Range 16 East, City of Clearwater, Pinellas County, Florida and being further
described as follows:
COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said
Section 5; thence N89039'20"W, along the South line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, also being the northerly boundary lines of
ROBINWOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDITION and
THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, of the Public Records of Pin ell as County, Florida, for 1015.80
feet to the POINT OF BEGINNING; thence continue along said line N89039'20"W, for
328.25 feello the Northwest corner of aforesaid plat of THE ELKS; thence NOoo48'S6"E,
along the W est line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for
337.03 feet; thence N37022'44"E, for 392.31 feet; thence N07057'17"E, for 29.55 feet;
thence S42051'57"E, for 57.73 feet: thence S34036'08"E. for 119.85 feet: thence
S44035'25"E, for 107.76 feet; thence S33040'06"E, for 80.61 feet; thence S44016'55"E, for
158.55 feet; thence S28042'43"E, for 45.96 feet; thence SI4010'34"E, for 82.48 feet;
thence S63033'50"W, for 19.88 feet; thence N29031'38"W, for 78.31 feel; thence
S47045'44"W, for 328.30 feet to the POINT OF BEGINNING, and containing 5.84 acres,
more or less, (254,507 square feet, more or less).
EXHIBfTA
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JOHNSON, BLAKEL Y, POPE, BOKOR, RUPPEL & BURNS, P.A.
911 Chestnut Street, P.O. Box 1368
Clearwater FL 33757-1368
Telephone: (727) 461-1818
Fax: (727) 441-8617
Facsimile Cover Sheet
To:
Company:
Phone:
Fax:
Wayne Wells
City of Clearwater
562-4558
562-4576
From: Jayne E. Sears, Legal Asst.
Client Name: _ JE/Restructuring
ClientlMatter Number: .103513
Date:
Pages including this
cover page: 3
September 23. 2002
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Comments
Here is the current tax parcel information. Tract B does not have a parcel number of its
own. I'll speak to Joan Vecchioli about what could be done with a unity of title.
The inr"TTll<ltion ~Clnfained in lbi.> lralL<mj:;sioJl ""')' bc :uIt,,",eylcJj~nt pri\'il~l!ed and lhl'l'O!ol~ "Ol1fidcnti~l, 1hi, infml13~on is inlended only fat Lhe use .,1' the
individU31 or entity n.lmed alx,ve, rfthe ...~dcr of U,is RlCS!:&g. is notll1e intcndllcl =ipj~nl, yeu a", hereby notified 11'31 "ny dlSl;eminatlQ1J. di.tTibutiotl or COpy elf this
comnulI,ic"liQ1J i~ ~lricri)' prolnt1jted. rryOU =ive this transmission in error Ilr If you are not 1I1~ ;ndividu.1 or eullty Dalned .bClVC, Ole receipt of thi~ trnnsil'lission i.~
not ;ntell<l"ll to and <Iocs nut w~iv. any rrivilegc, aUomcy/cliCTIt OJ' olherwis<. If you have received thu C')Jl1ITlwucadon ill error. pl~al'C notify us by telepholl~. collcc~
and retum LI1e original mcssa!!~ to US althe abov. .ddrcs. via U.S. Postal ~rviec. YUll will ... reimbun;ed for 3ny posUge or aliI' other e'pense a,soeialr;d with tll.
"',um of Ulis docurnent. Tt...nk you.
AMOUNT: $_
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CITY OF CLEARWATER
POST Oma Box 4748, ClWl'VAm. FLOI\:IDA 34618-4748
MIJtltQPAl., Suvlc!S BurlnINc;, 100 50tmf Mm'U!" AVENUE. CuiAR.w^Ti~ rLORlO^ 34616
~ ~13) 5624567
CENl'RAL h>>uTllNG
DUAJm.tENT
November 20,1996
Bamett Bank O(PineUas County
c/o Ruden, MeClosky. Smith, Schustet' & Russell, P.A.
PO Box 14034-
St. Petersburg. FL 33733-4034-
Rc:: Regency Oaks Itetiretnent Centt~
Regency Land Pat1nersmp ~ Owner
.' .
In response to YOUt letter of Novetnber 19, 1996~ please be advised that the development
named above consists of three parcels of land with the.~llowing tl.""C ?Ute! identification
numbers: . - . 'T.I1....tL<:X B o.-r-.dL
05-29-1&.0??oo-210-0000 ~ ~o-'Vt- ~ I^~ A
05-29..16-00000-210-0100 - ~-o.r "r~ A
*05.29-16-0??oo-210-0200 - pa.-c..r 1- -r ~ A
<<Please note this pattel was created ~thout City approval
1h;emailingaddressesforthisdevelopmentare272O-2nORegencyOaksBlvd..This
development has three zoning classifications; RPD (Residential Planned De~opment),
p ISP (Public/Semi.Public District) and P (Pres~tion District). The cocresponding land
U$e dassitkatioos are residential ut'ban and institutional.
The extsUng retirement center~ with the 'Various accessory uses, should ha.ve all th~ necessary
occupational licenses and approvals as allowed by the certified site p~ which is the
document that gove.ms this development.
This letter is made for the benefit of Lender and with:the knowledge that Lendez:- is rel~'ing
I on this letter in making a Joan to Qearwater Land Cotn~l~ a Florida corporation doing
business as Regency Oaks.
Sincerely,
S~ffL~
Central Peanitting SpeCialist
UGENCYOAKS.SCS
6001f1
e
J.13>IVla NOSNHOr
LT9S Ttt L6L XVd OC:tT NOW 60/C6/EO
Pinellas County Property ~iser Infom1ation: 05291600000210.
Page 6 of6
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Pinellas County Property Appraiser
Parcel Information
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Wells, Wayne
I
From:
Sent:
To:
Cc:
Subject:
Wells, Wayne
Friday, September 20, 2002 3:28 PM
Akin, Pam
Tarapani, Cyndi; Fierce, Lisa
RE: Regency Oaks
Pam -
I have drafted letters (two) for Regency Oaks. I have not yet received direction from Cyndi regarding the plat/no plat issue
due to an unforeseen interruption to a meeting on Tuesday. Otherwise, the letters outline the consistencylinconsistency
with Code provisions and the remedies for inconsistencies, based on their proposed survey. As soon as I can get direction
from Cyndi, the letters will be finalized and made available to Joan Vecchioli. I will note that the "fixes" will take longer than
one week.
Wayne
-----Original Message-----
From: Fierce, Usa
Sent: Friday, September 20,20023:08 PM
To: Wells, Wayne
SUbject: FW: Regency Oaks
Lisa L. Fierce
Assistant Planning Director
City of Clearwater - Planning Department
Ifierce@clearwater-f1.com
727.562.4561 phone
727.562.4865 fax
-----Original Message-----
From: Akin, Pam
Sent: Friday, September 20, 2002 2:44 PM
To: Tarapani, Cyndi; Fierce, Usa
SUbject: Regency Oaks
Any progress on the Regency Oaks issue? As you may recall, this is an unplatted metes and bounds developed site.
They propose to spilt into two ownerships. There apparently two issues: whether or not they have to plat and the
extent to which the newly created parcels are nonconforming, if at all. They are closing in a week and these issues
need to be resolved so they can close.
Joan Vecchioli, their lawyer, takes the position that platting is not required since they are not subdividing the property
in to 3 or more parcels. This position appears consistent with our definition of subdivision.
The remaining issue is essentially a request for a zoning letter to confirm that they or are not consist with the code.
1
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Jayne E. Sears [JAYNES@JBPFIRM.COM]
Wednesday, September 04, 2002 4:08 PM
Wayne Wells (E-mail)
FW: A new fax has arrived from City Clerk - Regency Annexation
~
~.~
~
Fax Image.l1F
InterScan_SafeSta
mp.txt
Wayne, let me know if you can read the attachment okay. As I
mentioned to
you, the comment about Sylvan Abbey and Regency is incorrect. It is just
the Regency Oaks parcels but they were owned by Sylvan Abbey at the time.
There are two copies of the annexation ordinance attached. The second one
was recorded in the Public Records.
Thanks for your help.
Jayne E. Sears
Legal Assistant
Johnson, Blakely
(727)461-1818
-----Original Message-----
From: RightFAX E-mail Gateway
Sent: Friday, August 09, 2002 10:49 AM
To: Jayne E. Sears
Subject: A new fax has arrived from City Clerk - Regency Annexation
8/9/2002 10:22:08 AM Transmission Record
Received from remote ID: 727 562 4086
Inbound user ID J SEARS, routing code 100
Result: (0/352;0/0) Successful Send
Page record: 1 - 9
Elapsed time: 18:18 on channell
10:48:25 AM 8/9/2002 Route Record
Manually routed from RUNNER
No Notes
Fax Images: [double-click on image to view page(s)]
1
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held a public hea:-ing for the dete:-:nins.::or'. a:1c e5:~jl:s~~ent 0: Z~~::1~ cl.assi:ic~tions
for certain pro~ert:: annexed into t~e City; a."ld
WHEREAS, certain of the a:ner'.c::-:ents :: t~e zonin-r '3~las f')r esta::'~is~in; t:-.e
zoning for such newly ar::-,exec :-e.9.l ?:-0~e:-ty .....e:-e e~9:-')vec ::'y ::.e City Com~:s3~on
after its evaluation of all evicence ;J:-ese:1ted at :he ?ublic l-.ea:-:=:~; 2.nc
\'iHERE.-\S, the Local Gcve:-:1::1ent Co:-:-.;;:-e~e:1si\'e ?;.e.:-.r.:=:~ a:1c ~3.:1C
Development Regulation Act (the .-\ct) :-e~ui:-es t~at all cevelopment :-egulatior.s a.1C
amendments thereto :-elating to an acopted corr.p:'ehensive pla:1 0:' element the:-eof :Je
revie.....ed by the Local P~E.nning .-\gency r:..?.-\.) for c~r.sistency .....ith U~e plan; ~nc
WHEREAS, t~e PineEas County 1':3.:-.:1:::g Council (PCPC) has been cesig:1atec as
the LP A, anc the zO:1ir:g chan~e '....hi~h is :he
s,....:O:>~,
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of this c:'c::1ance has ::'een
refe:-red to anc cons:ce:-ec ::'y the FepC;
~O\", TrE~ErORE. 3E IT O~Cl.~::::::J 3:" -:-:~E C:T':' CO:-'!:.iISSIOS
OF THE CITY OF CLE.-\R;\':\-:-E~. ?!..O?;:):\:
Section 1. The follow::!; cesc:-::.ec ;;,-:?ert:: :n C> 3.:-'.\" a :er, Fb:-ica, is ;-:er~jy
zoned a.s incicated ~?,::n a=:nexa:icn ir::o :~e Cty of C:.::<:,:-"s::.:er, 2.~c t::e z:Jr-ir.g l::3.S
of t:.e City is amencec acc'Jrdi:1g-ly:
P:-o:)e:'tv
Z:;r:ir::::- uistrict
Pa:~el_-\ - See Ex:-.:jit ..1. ~::~~:-:e:;
hereto.
~?D - ?esicent:a: 1'1",:-:=:e<:
Devel'Jp;:;en:
Parcel B - See Ex~:bit .; ~::9.c~ec
hereto. (..1.-37-~4)
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hereto as Exhibit 3. as t:.e sa:-::e :-:-:ay ~e a::-:encec f:-O::1 t::-:-:e ~o ti:r:e .....ith t::e a;>p:ooval
of t~e City Commission e.s ;:>ro\'idec "::ly 5e~tion 137.0~O or ,::t:-.e:- a~?licable ?fov:sions
of the Clear.....ater Coce of Orci:iances.
Section 5. This ord~nance shall take effect as of the effective cate of Orcinance
4484-87. .....hich annexes the ;>foge:'ty into t::e C:ty of C:e~:-'''''3te:-.
P ASSED O~ FIRST READI~G
:: :,....-2:7.~e:" : 9, : 9 8 i
P.-\SSED O~ SECO);D .-\);D FI);AL
READING A~D ADOPTED
:e=-=~:=e= 3, ~987
15' R: ~a :~a:-.~.ev
:.iayor-C om mlss.one:-
.-\ ttest:
/5/ C~~thia _' Gou~eau
City Clerk
A;>provec as to fOf~
anc COf:-ectness:
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P .~RCEL .~
The Northeast 1/4 of the ~o:-th~...est 1.'4 of Section 5, To.....nshi;:> ~9 South.
Range 16 Eest~ less a.nc exce;:>t the following desc:-ibed ~arcel:
Commence at the Southea.st corner of ~~e ~ OI.the9.st 1.'4 of the ~ orth.....est
1/4 of said Section 5; thence ~ 8gel 39' 17" W, along t~e South line of the
~ortheast 1/4 of the ~orth'.':est 1:4 of said Section 5. for 1033.91 feet to
the Point of 3eginning; the:;ce ~~nt:n'Je ~ 39el 39' 17" \,'. !!.long said ~clJth
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'ne. !o:' _. .J_ eet: t.lence . ::J _'. alor.g .,.e , es, ~me o. '...e
~ortheast 1.'4 of the ~o~~::'....e5t 1.'4 of .said Section 5, f~:, ~7Q.50 :eet:
th '" ~OO 3M -a" - . .~., 00 fQ. ~ ''-~'''''''Q. S "'CO ,.,.,. 0"''' -; 'lOO 00
,ence ." ':) O;>':'~ Ior ~'J"", _e.; ....:..__ __ _"" _ :.. .or -- .
fQ.et. ''''e"'cQ S ....0 43' "3" T,' fO" 3"6 ~": -, to .I-,Q. o"I'nt 0: Bp~n"';-- o"...l
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containing 4.00 acres~ :!lore or less. and :e3S anc ex~e;:>t t::e rig:-lt-of-way of
Soule R~ad.
?\RCEL B
Com rr.ence at the Southeast c-:.r:1e:- of t~e ~ o:-theast 1.'4 of the ~ orthwest
1/4 f ....l S t' - t"" ". goO 30' 1"''' ','..1 .' c:: 'h I' f .""
. 0 sal\.. ec Ion::>; .le:1Ce.- _ _ , I, 9..long ,~e _au" 'ne 0.. ,..e
Northea.st 1/4 of the ~orthwest 1/4 cf said Section 5, for 1033.91 feet to
the Point of Beginning; the:1ce cont:nue ~ 390 39' 17" W. along said South
Ii · "''''0 3? f t th ". 000 - 3' 0"" ,,-" al ."" T,' .. f .\.,
ne, ~or _' . _ ee; ence., ~ _", ong ,..e ,,~st line 0 ..le
~orthe3st 1.' 4 of the Northw-:st 11 ~ of saic Section 5. for ~70,50 :eet:
thence N 600 36' 58" E. for 463.00 feet; thence S 29= 23' 02" E. for ~90.00
feet; thence S 4,;,,043' 33" W. for 366.56 feet to the Point of Beginnir.g, 9.nc
containir.g 4.00 acres, :TIore or less. .
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STATE OF FLORIDA
AGENCY FOR lIEALTH CARE ADMINISTRATION
0~/17
j Oat
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Lota. Zonin, Form
This fonD is to be completed by the local zoning office and not by the facility applicant. A copy of this fonn
completed by the appropriate zoning official must accompany the application only if the home iS,not located in
a single or multi-family zoned area.
TO: The Agency for Healthy Care Administration
Assist~d Living Unit
2727 Mahan Drive
. Tallahassee, Florida 32308-5403
Clearwater' Land Company
dba ~eiency Terrac~
. 2770 Regency Oaks Blvd.
Clearwater, FL 34619
We have reviewed the status of the above referenced Assisted Living "Facility (ALF) and find that it is properly
zoned according to local codes.
Building #1 - Max. resident capacity9 (i2"J~tid."tsl s....
,~".t"" Street Address City Zip
J'n:JTE: Wilen more tl,an one building is being licensed on tile same property, or connecting property. each built/iug
and its reside'!t capacity must be listed below.
Building #2 - Resident capacity N/ A
Sb'eet Address
City
Zip
Building #3 - Resident capacity N/ A
Street Address
City
Zip
Add additional sl,eels if necessary.
Signature of Zoning Official
Printed Name of Official st-epki~
Title c.etJ11\AL PfRl1l tinJ ~ 5Pt(1 ALl 51
Agen~y Name c,l1"( OF c'Lf.AR WArE""
Street Address JOD S ~f AVeNV~
City and Zip Code C,LEAR W~TER, ) PI... 34-(0 I G1
AHCA Fonn 3180-1021, Sept. t 996 .
2727 M^H^N DRIVE . T ^Ll.AHASSEE. FLORlD^ 32308
l..-\ \\'TO~ CHII.ES. GO\'EH:-;OH
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(9/18/02 WED 12:02 F~~
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141 001
JOHNSON, BLAKEL Y, POPE, BOKOR, RUPPEL & BURNS, P.A.
911 Chestnut Street, P.O. Box 1368
Clearwater FL 33757-1368
Telephone: (727) 461-1818
Fax: (727) 441-8617
Facsimile Cover Sheet
1'0:
Company:
Phone:
Fax:
From:
Client Name:
Client/Matter Number:
D1tte:
Pages including this
cover page:
.,.-"
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Wayne Wells
City of Clearwater
562-4558
562-4576
\ .
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Jayne E. Sears, Legal Asst.
JE/Restructuring
.103513
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September 18, 2002
;<
Comments
See attached - last zonil'9 letter given for the Regency project. FYI
The infarnuliol1 oontoincd in Ihll mlll!lmiuion may b~ ouomoy101i;nt privilesro and ~1.r~lor~ oonfidcntioL This infOf'TTlUlion is inrcndcd ol1ly lor the use of the
individUilI Or enuey namcd Dbove, If lhe reade' Llf U\i~ m.sn~e is not the in~n~ ",.;pint, you are hereby notifi.d ll1al Dny disseminatioll. di~tTiburion or copy of Ihi.
<o~lmllnicDlIOll is smclly prohibited. If y~~ n:ccive this tnn!11lission ill C!TTt1r ~r if you on: not [he individual OT cntilJ' nan",d ahove, the receipl or [hill ".n..mi..io~ is
not intended to and doe. lIal waive ~ny privilc~c, oLlomoy/elienl Qr otherwise, (fyou have received [hi. oofJlT11unieation illl!l'l'Or, plc,.sc notifY us by l1!lephollc, collect.
and r;turn the original m'S'Q~e 10 U5 Dt Ihc olove oddrc!l~ via lI.S, Poslal Service, You will b" rtimblll'Sed fOT any po!luMe I1r ~ny olher expollse .~lloi\ltcd Wilh the
return of this dOCUJlleJ,l Thank you,
AMOUNT: $
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CITY OF CLEARWATER
POST Oma Bale 4748, CL&\RWATtltt FlOmJA 34618-4748
MtR-llCD'AL SEItYlCES BUIlDING. 100 SOUTH M~ AVlNUE. C1Ji,tJtWATil. FlDRlDA 34616
TaIrttOIfE (813) 5624567
:s~ P'BRM1T'l"fl'lG
DUAlnMI!NT
November 20, 1996
Barnett Bank of PineUas County
<:10 Ruden, McClosky. Smith, Schuster.!le Russell, P.A.
PO Box 14034-
St. PeterSburg. FL 3373!;-4034"
Re: Regency Oaks Retirement Center
RegenC1 Land Pa:..1Dcrship - Owner
In response to yoUr letter. oENovcmber 19. 1996, please be ad'rised that the development
nmled above consists of three parcels ofJand with the. ~nowi.ng tax parcel identification
numbers:
05-29.1~-210~0
05-29-16-00000-210-0100
~05-29-16-00000.21~OO
"'PIe3$e note this putel was created without City approva1
The mailing addresses for this development are 2720-2TIO Regency Oaks Blvd. This
development has three zoning dassihC3.tions; RPD (Residential Pbnned De~opment),
P ISP (Public/Semi-Public District) and P (Ptes~1ion District). The corresponding land
use classifications are residential urban 2nd institutional.
The ccisting retirement ':enttt, with the various accessory uses, should have all the necessacy
occupationa11icenses and appt'O'V"dls as allowed by the certified site plan, which is thl:
document 1hat govems iliis d~lopme.nt.
This letter is made for the benefit of Lender and with the knowledge that Lender is rd)ing
, on this letter in making a loan to Clear:vater land Company. a Florida cotpora.tion doing
business as Regency OUS.
Sincerely.
st!t~'-?Y1-
Cen1r.ll Pennitting Spec:ialisr
RiGENC'YOAXS.SCS
.
,..
.
.
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
E D. ARMSTRONG III
JOHN T. BLAKELY
BRUCE H. BOKOR
JOHN R. BONNER, SR.*
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ELIZABETH J. DANIELS
BECKY FERRELL-ANTON
COLLEEN M. FLYNN
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRICK
ROGER A. LARSON
JOHN R. LAWSON, JR*
LEANNE LETIZE
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE M. MARQUARDT
ZACHARY D. MESSA
A.R. "CHARLIE" NEAL
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
AUDREY B. RAUCHW A Y
DARRYL R. RICHARDS
PETER A. RIVELLlNI
DENNIS G. RUPPEL*
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLl
STEVEN H. WEINBERGER
JOSEPH J. WEISSMAN
*OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO. 10098.103513
September 9, 2002
Via Hand Deliverv
Bob Wells, Planner
City of Clearwater
Municipal Services Building, 2nd Floor
100 South Myrtle Avenue
Clearwater, FL 33756
Re: Regency Oaks
Dear Mr. Wells:
Pursuant to our earlier conversation, enclosed please find a revised survey prepared by
Zarra Boyd, Inc. delineating the SNF Parcel (''Tract "B") and ALF Parcel ("Tract "A").of the
referenced property for your information and use in the preparation of our requested zoning
letters. This survey was not included in our prior package to you. Please let us know if you
have any questions or require any additional information. Thank you.
~l~
Bonnie L. Rich
Legal Assistant
BLR/ko
enc.
#275381 v1 - JOHNSON EZELL L TR WELLS
CLEARWATER OFFICE
911 CHESTNUT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33757-1368
TELEPHONE: (727) 461-1818
TELECOPIER (727) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORIDA 33601-1100
TELEPHONE (813) 225-2500
TELECOPIER (813) 223-7118
.
.;!'
-
-
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
E. D. ARMSTRONG III
JOHN T. BLAKELY
BRUCE H. BOKOR
JOHN R. BONNER, SR:
GUY M. BURNS
JONATHAN S. COLEMAN
MICHAEL T. CRONIN
ELIZABETH J. DANIELS
BECKY FERRELL-ANTON
COLLEEN M. FLYNN
MARION HALE
SCOTT C. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A. JOHNSON, JR.
SHARON E. KRICK
ROGER A. LARSON
JOHN R. LAWSON, JR"
LEANNE LETIZE
MICHAEL G. LITTLE
MICHAEL C. MARKHAM
STEPHANIE M. MARQUARDT
ZACHARY D. MESSA
A.R. "CHARLIE" NEAL
F. WALLACE POPE, JR.
ROBERT V. POTTER, JR.
AUDREY B. RAUCHWAY
'" DARRYL R. RICHARDS
PETER A. RIVELLlNI
DENNIS G. RUPPEL"
CHARLES A. SAMARKOS
PHILIP M. SHASTEEN
JOAN M. VECCHIOLl
STEVEN H. WEINBERGER
JOSEPH J. WEISSMAN
"OF COUNSEL
PLEASE REPLY TO CLEARWATER
FILE NO. 10098.103513
August 16, 2002
Ms. Cynthia Tarrapani
Planning Director
City of Clearwater
Municipal SeNices Building, 2nd Floor
100 South Myrtle Avenue
Clearwater, FL 33756
~
Via Hand Deliverv
;.>vu 1 0 1002
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Re: Regency Oaks
FILE COpy
Dear Cynthia:
As you know, this firm represents Clearwater Land Company, a Florida
corporation ("CLC"), the owner of Regency Oaks, located at 2720 through 2770
Regency Oaks Boulevard, Clearwater. CLC intends to transfer the skilled nursing
facility parcel ("SNF Parcel") and the adult living facility parcel ("ALF Parcel") into
separate ownership. Enclosed for your review is a sUNey prepared by Zarra Boyd, Inc.
delineating the SNF Parcel ("Tract "B") and ALF Parcel ("Tract "A"). We will be creating
and recording cross easements for access and utilities, as necessary. On June 27,
2002, my client and I met with Lisa Fierce to discuss whether dividing the ownership of
the project will create any zoning violations or permitting issues. It is our position that
the division of the property is not a subdivision, as defined in Section 8-101 of the
Clearwater Community Development Code, because the original parcel is being divided
into fewer than three (3) tracts and, therefore, platting is not required.
Please provide us with a "zoning letter" for each of the SNF Parcel and the ALF
Parcel, in substantially the forms enclosed with this letter. Enclosed is this firm's check
in the amount of $50.00 in payment of your fee for the zoning letters.
CLEARWATER OFFICE
911 CHESTN1.fT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 33757-1368
TELEPHONE: (727)461-1818
TELECOPIER (727) 462-0365
TAMPA OFFICE
100 NORTH TAMPA STREET
SUITE 1800
POST OFFICE BOX 1100
TAMPA, FLORIDA 33601-1100
TELEPHONE (813) 225-2500
TELECOPIER (813) 223-7118
to
-
-
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
ATTORNEYS AND COUNSELLORS AT LAW
Ms. Cynthia Tarrapani
August 16,2002
Page 2
After you have an opportunity to review this information, please call my legal
assistant, Jayne Sears, or me, if you have any questions or need any additional items in
order to comply with our request. Thank you for your assistance.
Very truly yours,
~~A7~-
{loan ~ 'V;;C;;hiOJi
JMV/js
encls.
cc w/encls: Pamela Akin, Esquire, City Attorney
Ms. Lisa Fierce, Asst. Planning Director
Mr. Wayne Wells, Planner
Mr. Phil Barker
#273788 v1
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[Letterhead of Clearwater Planning Department]
August 15, 2002
Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P. O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Adult Living Facility Parcel
Dear Joan:
This office has reviewed the survey submitted to us by your office concerning the
property more particularly described on Exhibit "A" attached hereto ("ALF Parcel") which
is a portion of the Regency Oaks project. The information contained in this letter
applies to the ALF Parcel as a single tract under separate ownership from all adjoining
lands.
This is to certify that the ALF Parcel, which is in the City of Clearwater, is
presently zoned Institutional and is designated on the Land Use Map as Institutional,
which designations are unconditional, in full force and effect, and beyond all applicable
appeal periods. We further certify as follows:
1.
The use of the ALF Parcel as a 530-bed adult living facility was approved
(Case No. ) granted on
by
2. There are no active zoning or code violations on the ALF Parcel with
regard to applicable zoning, subdivision and land use laws, regulations and ordinances
and all applicable health, fire and building codes
3. The improvements located on the ALF Parcel, as depicted on the attached
survey ("Improvements") are conforming structures and meet all dimensional criteria of
the Institutional zoning district, including, without limitation, maximum floor area ratio,
setbacks and height restrictions.
4. The ALF Parcel as shown on the attached survey conforms to the
requirements of the Clearwater Community Development Code as to landscaping and
signage.
5. The ALF Parcel contains enough permanent parking spaces (both regular
spaces and handicap spaces) to satisfy all requirements imposed by applicable laws
with respect to parking.
",
Joan M. Vecchioli, E.
August 15, 2002
Page 2
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6. In the event that all or any part of the Improvements are destroyed or
damaged, the Improvements can be legally reconstructed to their condition prior to such
damage or destruction, and thereafter existing for the same use without violating any
zoning or other ordinances applicable thereto and without the necessity of obtaining any
variances or special permits, other than customary demolition, building and other
construction related permits.
Very truly yours,
Cynthia Tarrapani
Planning Director
#273806 v1
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ALF PARCEL
DESCRIPTION: TRACT A
Being a portion ofthe Northeast ~.t4 of the Northwest Y4 of Section 5, Township 29 South, Range 16 East,
Pinellas County, Florida and being more particularly described as follows:
COMMENCE at the Southeast corner ofthe Northeast 1:4 of the Northwest ~'4 of said Section 5; thence
N.89039'20"W., along the South line of the Northeast Y4 of the Northwest ~/4 of said Section 5, for 33.00
feet to the POINT OF BEGINNING; thence continue,N.89039'20"W., along said South line and along the
Northerly boundary lines of ROBINWOOD SUBDIVISION, ROBINWOOD SUBJ)IVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52. page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, ofthe Public Records of Pin ell as County, Florida, for 1311.05 feet to the
Northwest corner of aforesaid plat of THE ELKS; thence N.00048'56''E., along the West line ofthe
Northeast Y-t of the NOlihwest Y-t of said Section 5, for 1336.20 feet to the Southwest corner of the plat of
LAKE CHAUTAUQUA ESTATES, as recorded in Plat Book 90, page 22 of the Public Records of
Pinellas County, Horida; thence S.89042'36"E., along the North line of the Northeast ~.t4 of the Northwest
1-4 of said Section 5 (being the basis of bearings ofthis descripLion). same also being the SOUUl boundary
line of aforesaid LAKE CHAUTAUQUA ESTATES, for 630.00 feet to Lhe point of intersection with Lhe
Westerly right-of-way line of 2ND STREET EAST; thence S.00002'32"W., along said Westerly right-of-
way line, for 30.00 feet; thence S.89<'42'36"E., along a line 30.00 feet South of and parallel to the North
line of the Northeast ~,~ of the Northwest ~'4 of said Section 5. for 670.63 feet: thence S.Ooo22'34"W.,
along a line 33.00 feet West of and parallel to the East line of the Northeast ~o;~ of the Northwest 1,<~ of said
Section 5, for 1307.39 feet to the POINT OF BEGINNING and containing 39.61 acres, more or less.
LESS AND EXCEPT:
COMMENCE at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 ofsaid Section 5: Lhence
N89039'20"W, along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, also being
the northerly boundary lines of ROBlNWOOD SUBDIVISION, ROBIN WOOD SUBDrVISION FIRST
ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book
95, page 90, respectively, of the Public Records of Pine lias County, Florida, for 1015.80 feet to the POINT
OF BEGINNING; thence continue along said line N89"39'20"W, for 328.25 feet to the Northwest comer
of aforesaid plat of THE ELKS; thence NOoo48'56"E, along the West line of the Northeast 1/4 of the
Northwest 1/4 of said Section 5, for 337.03 feet; thence N37"22'44"E, for 392.31 feet; thence
N07057'17"E, for 29.55 feet; thence S42051'57"E, for 57.73 feet; thence S34036'OS"E. for 119.85 feet:
thence S44"35'25"E, for 107.76 teet: thence S33040'06"E, JDr 80.61 feet; thence S44016'55"E, J()r 158.55
teet: thence S28042'43"E, for 45.96 feet; thence SI40lO'34"E, for 82.48 teet; thence S63033'50"W, for
19.88leet; thence N29"31'38"W. for 78.31 feet; thence S47n45'44"\\', lor 328.30 ltlet to the POINT OF
BEGINNING, and containing 5.84 acres, more or less, (254,507 square feet, more or less).
TOT AL NET AREA EQUALS 33.77 ACRES, MORE OR LESS (1,471,097 SQUARE FEET, MORE OR
LESS)
EXHIBIT.A
'!
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[Letterhead of Clearwater Planning Department]
August 15, 2002
Joan M. Vecchioli, Esquire
Johnson, Blakely, et al
P. O. Box 1368
Clearwater, FL 33757-1368
Re: Regency Oaks Skilled Nursing Facility Parcel
Dear Joan:
This office has reviewed the survey submitted to us by your office concerning the
property more particularly described on Exhibit "A" attached hereto ("SNF Parcel")
which is a portion of the Regency Oaks project. The information contained in this letter
applies to the SNF Parcel as a single tract under separate ownership from all adjoining
lands.
This is to certify that the SNF Parcel, which is in the City of Clearwater, is
presently zoned Institutional and is designated on the Land Use Map as Institutional,
which designations are unconditional, in full force and effect, and beyond all applicable
appeal periods. We further certify as follows:
1. The use of the SNF Parcel as a 120-bed skilled nursing facility was
approved by (Case No. ) granted on
2. There are no active zoning or code violations on the SNF Parcel with
regard to applicable zoning, subdivision. and land use laws, regulations and ordinances
and all applicable health, fire and building codes
3. The improvements located on the SNF Parcel, as depicted on the
attached survey ("Improvements") are conforming structures and meet all dimensional
criteria of the Institutional zoning district, including, without limitation, maximum floor
area ratio, setbacks and height restrictions.
4. The SNF Parcel as shown on the attached survey conforms to the
requirements of the Clearwater Community Development Code as to landscaping and
signage.
5. The SNF Parcel contains enough permanent parking spaces (both regular
spaces and handicap spaces) to satisfy all requirements imposed by applicable laws
with respect to parking.
it "
~
, I.
..
..
SNF PARCEL
DESCRIPTION: TRACT B
B~ing a portion of the Northeast 1/4 of the Northwest 114 of Section 5, Township 29
South, Range 16 East, City of Clearwater, Pinellas County, Florida and being further
described as follows:
COMMENCE at the Southeast comer of the Northeast 1/4 of the Northwest 1/4 of said
Seclion 5; thence N89039'20"W, along the South line of the Northeast1/4 of the
Northwest 1/4 of said Section 5, also being the northerly boundary lines of
ROBINWOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDITION and
THE ELKS, as recorded in Plat Book 52, page 99, Plat Dook 61, page 38 and Plat Book
95, page 90, respectively, of the Public Records of P ine lIas County, Florida, for 1015.80
feet to the POINT OF BEGINNING; thence continue along said line N89039'20"W, for
328~25 feet to the Northwest corner of aforesaid plat of THE ELKS; thence NOoo48'56"E,
along the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for
337.03 feet; thence N37022'44"E, for 392.31 feet; thence N07057'17"E, for 29.55 feet;
thence S42051'57"E, for 57.73 feet: thence S34036'08"E. for 119.85 feet: thence
S44035'25"E, for 107.76 feet: thence S33040'06"E, for lW.61 feet; thence S44016'S5"E, for
158.55 feet; thence S28042'43"E, for 45.96 feet; thence S14010'34"E, for 82.48 [ect;
thence S63033'50"W, for 19.88 feet; thence N29031'38"W, for 78.31 feel; thence
S47045'44"W, for 328.30 feet to the POINT OF BEGINNING, and containing 5.84 acres,
more or less, (254,507 square feet, more or less).
EXH!BITA
. 8- 9-02;'0: 23AM; C I TV CLE6DEPTo
~;727 562 4086
# 1/ 9
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City of Clearwater, Florida
City Clerk Department
Phone (727) 562-4093
Fax (727) 562-4086
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Company:
TO:
FAX NO.: J..j6~-1J3Io5
COMMENTS: ~ c4 ~ 1F'i~i4-f? ~ )
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FROM: Tara Kok- City Clerk Department
(727) 562-4093
DATE: ~/q/Od-
NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE):
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8- 9-02;10:23AM;CITY CL~DEPT.
~;727 562 4086
# 2/ 9
The City Manager indicated the applicant has expressed an interest in annexing the
entire Sylvan Abbey site into the City limits once reclaimed water becomes lbol1nAL'Lt Oti...J.J..J
available. In response to a question, he stated the adjacent nursing home co\lI<fi1S0-7
be included in the annexation.
Receipt & Referral - Land Use Plan Amendment to Commercial/Tourist Facilities,
CPO Zoning and Preliminary Site Plan for property located in Sec. 1-29-15, M&B
32.01 (Sunset Bank of Tampa Bay LUP92-14, Z92-08) (PLO- 19)
This request is to amend the existing Land Use Plan to CommerciallTourist Facilities
and the Zoning Atlas to Commercial Planned Development for the subject property.
The site plan is submitted in support of the requested CPO zoning. CPO zoning is
requested in order to permit the development of the property as a gas
station/convenience store, such development to be carried out in accordance with
the approved site plan. Also, CPO zoning would enable the City to restrict the
. potential uses of the property to those specifically permitted.
Item #17 - Second Reading, Ordinance 4484-87 - Annexation of a parcel W of
Soule Rd. & S of Union St.; Parcel "A", 36.95 acres; Parcel "B", 4.00 acres; M&B
21.00, Sec. 5-29-16 (Sylvan Abbey Mem. Park, Inc.) A 87-24, LUP 87-16
The City Attorney presented Ordinance 4484-87 for second reading and read it by
title only. Commissioner Nunamaker moved to pass and adopt Ordinance 4434-37
on second and final reading. Motion was duly seconded. Upon rollcall the vote was:
"Ayes": Berfield, Regulski, Winner, Nunamaker and Garvey.
"Nays": None.
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8- 9-02; 10: 23AM; CITY CLERK DEPT. ; 727 S62
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,OllDINAMCB NO. 4484-81
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"'AN:'oliDINAtiCE'OFTHB CUY OF CLEARWATER;'-
,'FLq~IPAJ A,N$~N:G 'l,)Jl.O})ERTY, LO<;:ATED wEST 01
, '"SQULE RQADSOVTH PF'YNlO;N'ST~EBT, i'i~ELLA,S
~:'>:'::~COfi~j;,:.ptidIl,IP-A,.t~T.O TIt3eOKPOJi..~!fjr:4H~".rl'S OF
, ".:THECrry, :ANli>' REDEFlNINGTHE BOUNDARY LINES
'" ":(jP,iTHE: "CIT.Y ,TO" INCLUDE- " SAID . 'ADDITION;
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SeeUon 3~ The CItY Commission hereby accepts t.he ::edication or all easements,
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,.';:".::str,~et:l'~' pleas, p~ceslrlihts"or-way a.nd other dedications to the publie which
, ~~e~ei-~t~t'o\"e"~ :niade ,b~ plat, deed or user within the areas so annexed.
, , ,;:.'<-~;~e.~~~~. ':~.~':, :tlle ,cltiEngineer, the City ClerK ilfto the Pianfiing Director '.Ira
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PiIiellas County Property APpr.r Information: 05 29 16 00000 210 O.
Page 2 of7
05 / 29 / 16 / 00000 / 210 / 0000
II-Sep-ZOOZ Jil'l Sl'lith, CFA Pinellas County Property Appraiser 14:43:59
Non-Residential Propert9 Add ress. Use. and Sales
COl'lparable sales value as Prop Addr: Z7Z0 REGENCY OAKS BLUO
of Jan 1, 2002, based on Census Trac t : ZU.13
sales frol'l 2000 - 2001 :
0 Sale Date DR BoOk/Page Price (Qual/UnQ) Vac/Il'lp
Plat Inforl'lation ul L 998 10.363/1.465 4.Z00.000 (U) I
0000: Book Pgs - 9 I L 994 1.194/Z.Z15 Z.453.900 (M) I
0000: Book Pgs - 0 10 01 0 0 ( )
0000: Book Pgs - 0 10 01 0 0 ( )
2002 Value EXEMP T IONS
Just/Market: 4.135.800 HOl'lestead: 0 Ownership 1 1.000
Historic : 0 Use 1: .000
Assessed/Cap: 4,135,800 Tax Exel'lpt 1: .000
Other Exel'lp t : 356,000
Taxable: 4.319,800 Ag r icu 1 tural : 0
2002 Tax Inforl'lation Land Inforl'lation
District: CW Seawall: Frontage:
Clearwater View:
02 Millage: Z3.3093 Land Size Unit Land Land Land
Front x Depth Price Units Meth
01 Taxes: 105, OU. 95
1) 0 x 0 1.000.00 60.00 T
Special Tax .00 2) 0 x 0 1.000.00 Z6.00 T
3) 0 x 0 .00 .00
Without the Save-Our-Hol'les 4) 0 x 0 .00 .00
cap, 2002 taxee will be : 5) 0 x 0 .00 .00
1 OZ. 090.01 6) 0 x 0 .00 .00
Without any exel'lptions, Total Land Value: 60Z,OOO
2002 taxes will be :
11 0,388.18
Short Legal NE 1/4 OF NW 1/4 LESS N 30 FTa LESS E 33FT FOR RO'S
Description a LESS MaB PARCEL U/Ol (AKA REGENCY OAKS BUILOING L
Building Information
. Building 1
. Building 2
. Building 3
Building #1
http://pao.co.pinellas.f1. us/htbin/cgi-scr3 ?plus= 1 &r=0%2E64&0= 1 &a= 1 &b= 1 &c= 1 &s=4&... 9/11/2002
'"
Pinellas County Property APpr.r Information: 05 29 16 00000 210 O.
Page 3 of7
05 / 29 / 16 / 00000 / 210 / 0000 :01
11-Sep-ZOOZ Ji~ S~ith. C~A Pinellaa County Property Appraiaer 14:44:00
Co~~ercial Card 01 of 3 I~prove~ent Type: O~~ices
Property Addreaa: Z7Z0 RE6EHCY OAKS BLUD Prop Uae: 356 Land Uae: 74
Structural Elements
~oundation
~loor Syate~
Exterior Wall
Height ~actor
Par ty Wall
Structural ~ra~e
Roof ~ra~e
Roof Cover
Cabinet & Mill
Floor ~iniah
Interior ~iniah
Partition ~actor
Continuous Footing
S~ab on 6rade
Cone B~ock/Brick
o
Hone
Hone
Gab~e a: Hip
Co~position Shing~e
Above Average
Carpet Co~bination
DrlJwa~~
o
Heating & Air Heatinga:Coo~ing Pckg
~ixturea 6
Bath Tile
Electric
Shape ~actor
Quality
Year Built
Effective Age
Other Depreciation
~unction Depreciation
Econo~ic Depreciation
F ~oo r On~lJ
Above Average
Rectang~e
Above Ave rage
1. 991
10
o
o
10
Sub Areas
Deacription ~actor Area Deacription ~actor Area
1) Base A rea 1. 00 3.759 7) .00 0
2) Sc reen Po rch .40 Z70 B) .00 0
3) Open Porch .30 1.185 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Deacription Di~enaiona Price Un i ts Value RCD Year
1) ASPHALT 56000 1. 00 56.000 0 56.000 999
2) FIRESPRIHK 375 9S F 1. 75 3.759 0 5.530 1.991
3) CARPORT ZOX880 lZ.OO 17.600 0 177.410 1. 991
4) SPA/JAC/HT 7X7 6.000.00 1 0 4.6Z0 1.993
5) SHUFBDCT 750.00 5 0 3.750 999
6) .00 0 0 0 0
TOTAL RECORD VALUE: Z47.31O
Building #2
http://pao.eo.pinellas.f1.us/htbinlegi -ser3 ?plus= 1 &r=0%2E64&0= 1 &a= 1 &b= 1 &e= 1 &s=4&... 9/11/2002
Pihellas County Property APpr.r Information: 05 29 16 00000 210 O.
Page 4 of7
05 / 29 /
16 / 00000 / 210 / 0000
:02
ll-Sep-ZOOZ Ji~ S~ith, CFA Pinellas County Property Appraiser 14:44:00
Co~~ercial Card OZ of 3 I~prove~ent Type: Service Station
Property Address: Z770 REGENCY OAKS Prop Use: 356 Land Use: 74
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
Spread/Hono Footing
Slab on Grade
Cone Block/Stucco
o
None
Concrete Rein~orced
Wood Frallle/Truss
COlllposition Shingle
Aboye Ayerage
Carpet COlllbination
o ry...all
o
Heating & Air HeatingACooling PCkg
Fixtures 0
Bath Tile
Electric
Shape Factor
[;Juali ty
Year Bu i1 t
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
Floor + Hal~ Wall
Aboye Ayerage
Rectangle
Above Ayerage
1.991
10
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 37.7Z! 7) .00 0
2) Carpo rt .30 1. on B) .00 0
3) Open Porch .30 413 9) .00 0
4) Sc reen Po rch .40 180 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Units Value RCD Year
1) FIRESPRINK 377Z! 1. 75 37. HI 0 55.450 L 991
2) ASPHALT zono 1. 00 ZO.800 0 ZO.800 999
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VALUE: 76.Z50
Building #3
http://pao.co.pinellas.fl.us/htbinlcgi-scr3 ?plus= 1 &r=0%2E64&0= 1 &a= 1 &b= 1 &c= 1 &s=4&... 9/11/2002
Pitlellas County Property APpr.r Information: 05 29 16 00000 210 O.
Page 5 of7
05 / 29 / 16 / 00000 / 210 / 0000 :03
11-Sep-ZOOZ Ji~ S~ith. CFA Pinellas County Property Appraiser 14:44:00
Co~~ercial Card 03 of 3 I~prove~ent Type: Retai1 Store
Property Address: 0 Prop Use: 356 Land Use: 74
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet & Mill
Floor Finish
Interior Finish
Partition Factor
Spread/Mono Footing
Slab on Grade
Cone Block/Stucco
o
None
None
Flat
Corrugated Metal
Above Average
Carpet Co~bination
Drywall
o
Heating & Air Heating&Cooling Pckg
Fixtures 15
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
F 100 r Only
Above Average
Above Average
L 991
10
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1.00 11.079 7) .00 0
2) Open Po rch .30 3.958 B) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Units Value RCD Year
1) FIRESPRINK 11079 1. 75 1 L 879 0 16. Z90 L 991
2) FIREP LAC E LARG E 5. ODO. 00 1 0 4. ZOO L 991
3) .00 0 0 0 0
4) .88 8 0 0 0
5) .10 0 0 0 0
6) .08 0 0 0 0
TO TA L RECORD VALUE: ZO.490
Map With Property Address (non-vacant)
~~[I][!]~~
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Pmellas County Property APp.r Information: 05 29 16 00000 210 O.
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Pinellas County Property APp.r Information: 05 29 16 00000 210 O.
Page 70f7
Pinellas County Property Appraiser
Parcel Information
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Back to Search Page
An explanation of this screen
http://pao.co.pinellas.fl.us/htbin/cgi-scr3?plus= 1 &r=0%2E64&0= 1 &a= 1 &b=l &c= 1 &s=4&... 9/11/2002
~~
I!:P-ibellas County Property APpr.r Information: 0529 1600000210 O.
Page 2 of5
05 / 29 / 16 / 00000 / 210 / 0100
24-Sep-2002 Jil"1 Sl"1ith, CFA Pinellas County Property Appraiser 08:19:15
Non-Residential P r-ope r-tlJ Add r-ess. Use. and Sales
COl"1parable sales value as Prop Addr: Z120 REGENCY OAKS DLUD
of Jan 1, 2002, based on Census Trac t : 2&8.13
sales fr 0 1"1 2000 - 2001:
0 Sale Date OR Beok/Page Price (Qual/UnQ) Vac/Il"1p
Plat Inforl"1ation 12/1. 998 1 O. 3U/1. 465 4.200.000 (U) I
0000 : Book Pgs - 9 11. 994 8.194/2.215 2.453.900 (M) U
0000: Book Pgs - 0 10 01 0 0 ( )
0000 : Book Pgs - 0 10 01 0 0 ( )
2002 Value EXEMPTIONS
Just/Market: 13.833.500 HOl"1estead: 0 Ownership X 1. 000
Historic : 0 Use 1: . 000
Assessed/Cap: 13.833.500 Tax Exel"1pt X: . 000
Other Exel"1p t : 4.515.000
Taxable: 9.258.500 Ag r icu 1 tural : 0
2002 Tax Inforl"1ation Land Inforl"1ation
District: CW Seawall: Frontage:
Clearwater- View:
02 Millage: 23. 3093 Land Size Unit Land Land Land
Front x Depth Price Units Meth
01 Taxes: 213.104.46
1) 600 x 142 1.000.00 193.00 T
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-Our-Hol"1es 4) 0 x 0 . 00 . 00
cap, 2002 taxes will be : 5) 0 x 0 . 00 . 00
215.809.15 6) 0 x 0 . 00 . 00
Without any exel"1ptions, Total Land Value: 1. 351. 000
2002 taxes will be :
322.449. ZO
Short Legal FR NE COR OF NW 1/4 RUN W 830. 36FT TH S 198. 21FT FOR
Description POD TH E 52. 3FT TH S 41.5 FT TH E 316.3FT TH S 95.1
Building Information
hrtp://pao.co.pinellas.fl.us/htbin/cgi-scr3?0=I&a=l&b=l&c= 1 &r= . 16&s=4&t= 1 &u=O&p=... 9/24/2002
......'
Piilellas County Property APpr.r Information: 05 291600000210 O.
Page 3 of5
05 / 29 / 16 / 00000 / 210 / 0100 :01
Z4-Sep-ZOOZ Ji~ S~ith, CFA Pinellas County Property Appraiser 08:19:16
Co~~ercial Card 01 of 1 I~prove~ent Type: ALF < 4 Stories
Property Address: Z1Z0 RE6EHCY OAKS BLUD Prop Use: 356 Land Use: 14
Structural Elements
Foundation
Floor Syste~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet .& Mill
Floor Finish
Interior Finish
Partition Factor
Special footing
Slab on 6rade
Conc Block/Stucco
o
Hone
Hasonry Pillar&Steel
6able & Hip
Co~position Shingle
Ave rage
Carpet Co~bination
DrYlllal1
o
Heating .&
Fixtures
Bath Tile
Electric
Shape Factor
Quali ty
.....ear Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
Air Heating&Cooling Pckg
911
Wall
Floor + Half
Ave rage
Rectangle
Ave rage
1. 991
10
o
o
o
Sub Areas
Description Factor Area Description Factor Area
1) Base A rea 1. 00 ZIZ.11Z 1) . 00 0
2) Sc reen Po rch .40 Z9.535 B) .00 0
3) .00 0 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Dil'1ensions Price Un its Value RCD .....ear
1) fIRESPRIHK Z8Z11Z 1. 15 ZIZ.11Z 0 445.310 1.994
2) POOL COHH 60.000. 00 1 0 48.000 1.994
3) ELEU PASS Z500LB 30.000. 00 4 0 96.000 1. 994
4) ELEU PASS 4000LB 40.000.00 1 0 3Z.000 1.994
5) ELEU STOP Z500LB 3.500. 00 5 0 14.530 1. 995
6) ELEU STOP 4000LB 3.500. 00 16 0 46.480 1.995
TOTAL RECORD VALUE: 68Z.380
Map With Property Address (non-vacant)
~~[I][!]~~
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". Pifiellas County Property APpr.r Information: 05291600000210 O.
Page 4 of5
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Pillellas County Property APpr.r Information: 05 29 1600000210 O.
Page 5 of5
PineIlas County Property Appraiser
Parcel Information
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Piliellas County Property APpr.- Information: 0529160000021001.
Page 2 of5
05 / 29 / 16 / 00000 / 210 / 0200
Z4-Sep- ZO 0 Z Jil1l Sl1lith, CFA Pinellas County Property Appraiser 08:Z3:05
Non-Residential P rope rty Address. Use. and Sales
COl1lparable sales value as Prop Addr: Z101 REGENCY OAKS BLVD
of Jan 1, 2002, based on Census Trac t : .00
sales frol1l 2000 - 2001:
0 Sale Date DR Book/Page Price (Qual/UnQ) Vac / 1I1lp
Plat Inforl1lation U/I.998 10.363/1.465 4. ZOO. 000 (U) I
0000: Book Pgs - 9 /1, 994 8.194/z.Z15 Z. 453.900 (M) V
0000: Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
2002 Value EXEMPTIONS
Just/Market: 14.910.400 HOl1lestead: 0 Ownership X 1.000
Historic : 0 Use ~: .000
Assessed/Cap: 14.910.400 Tax Exel1lpt X: .000
Other Exel1lp t : 4.100.000
Taxable: 10. ZI O. 400 Agricultural: 0
2002 Tax Inforl1lation Land Inforl1lation
District: CW Seawall: Frontage:
Clearwater View:
02 Millage: Z3.3093 Land Size Unit Land Land Land
Front x Depth Price Units Meth
01 Taxes: Z31. 901. ZI
1) 0 x 0 1.000.00 Z03.00 T
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Without the Save-OUr-HOI1l8S 4) 0 x 0 .00 . 00
cap, 2002 taxes will be : 5) 0 x 0 .00 .00
Z31. 991. Z8 6) 0 x 0 .00 .00
Without any 8xel1lptions, Total Land Value: 1, 4Z1. 000
2002 taxes will be :
341.550.99
Short Legal PT OF NE 1/4 OF NW 1/4 AKA REGENCY OAKS PH II DESC
Description FROM NE COR OF NW 1/4 TH S 569.0ZFT a W Z61.05FT FOR
Building Information
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Pil1ellas County Property APpr* Information: 05 29 160000021001.
Page 3 of5
05 / 29 / 16 / 00000 / 210 / 0200 :01
Z4-Sep-ZOOZ Ji~ S~ith, CFA Pinellas County Property Appraiser 08:Z3:05
Co~~ercial Card 01 of 1 I~prove~ent Type: ALF ( 4 Stories
Property Address: Z701 REGENCY OAKS BLUD Prop Use: 356 Land Use: 74
Structural Elements
Founda t ion
Floor SY9te~
Exterior Wall
Height Factor
Party Wall
Structural Fra~e
Roof Fra~e
Roof Cover
Cabinet 3. Mill
Floor Finish
Interior Finish
Partition Factor
Special Footing
Slab on Grade
Conc Block/Stucco
o
None
Masonry Pillar&Steel
Gable & Hip
Co~position Shingle
Ave rage
Carpet Co~bination
D ry lIIal I
o
Heating 3.
Fixtures
Bath Tile
Electric
Shape Factor
Quality
Year Built
Effective Age
Other Depreciation
Function Depreciation
Econo~ic Depreciation
Air Heating&Cooling Pckg
969
Wall
Floor + Half
Ave rage
Rectangle
Ave rage
1.995
7
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Sub Areas
Description Factor Area Description Factor Area
1) Base Area 1. 00 nO.33Z 7) .00 0
2) Sc reen Po rch .40 ZZ.87Z B) .00 0
3) Open Porch .30 16.Z48 9) .00 0
4) .00 0 10) .00 0
5) .00 0 11) .00 0
6) .00 0 12) .00 0
Commercial Extra Features
Description Di~ensions Price Units Value RCD Year
1) FIRESPRINK Z9033Z 1. 75 Z90.33Z 0 46Z.350 1.995
2) CARPORT 1Z400 1 Z. 00 lZ.400 0 135.410 1.995
3) ASPHALT 10000 1. 00 10.000 0 10.000 999
4) ELEU PASS Z500LB 30.000.00 3 0 74.700 1.995
5) ELEU PASS 4000LB 40.000.00 1 0 33.Z00 1.995
6) ELEU STOP Z500LB 3.500.00 15 0 43.580 1.995
TOTAL RECORD VALUE: 759.Z40
Map With Property Address (non-vacant)
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Pinellas County Property APprW Information: 05 291600000210011
Page 4 of5
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Pinellas County Property Appr.r Information: 05 29 1600000210 O.
Page 5 of5
Pinellas County Property Appraiser
Parcel Information
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CITY OF CLEARWATER
NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS
The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday,
May 20, 2003, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola
Avenue, Clearwater, Florida, to consider the following requests:
NOTE: All persons wishine: to address an item need to be present at the BEGINNING of the meetine:. Those
cases that are not contested by the applicant. staff. neie:hborine: property owners. etc. will be placed on a
consent ae:enda and approved by a sine:le vote at the bee:innine: of the meetine:.
1. (cont from 4/15/03) - Clearwater Homeless Intervention Proiect. Inc. are requesting a flexible development
approval for a residential shelter for 10 residents in 8 dwelling units with a reduction of the front (north) setback
from 25 ft to 21 ft (to building), a reduction of the side (west) setback from 10 ft to 5 ft (to pavement), reductions of
the rear (south) setback from 20 ft to 5 ft (to building) and from 20 ft to zero ft (to pavement) and a reduction of
required parking from 5 spaces to 4 spaces, as part of a Comprehensive IOOll Redevelopment Project, under the
provisions of Section 2-704.C, and a Comprehensive Landscape Program, with reductions of landscape buffer widths
along the west property line from 10ft to 5 ft and along the south property line from 10ft to zero ft, under the
provisions of Section 3-1202.G (Proposed Use: An 8 dwelling unit (10 residents) transitional housing project) at
1353 & 1357 Park St., Overbrook Sub., Blk 6, Lots 3-6. FLD 2003-02010
2. Society of St. Vincent de Paul of Upper Pinellas County. Inc. are requesting a trial period review of a previous
Conditional Use application for a residential shelter and police substation, as required under conditions of approval
(Proposed Use: An existing residential shelter, police substation and parking lot) at 1339. 1341 & 1345 Park St.
and 1344 Pierce St., Brookwood Terrace, Blk 6, part of Lots 1,2,9-13 & N Yz vacated s1.; Tagerelli Sub, Blk 2, Lots
2-4; and Overbook Sub, Blk 6, Lots 7-10. CU 96-46
3. Frank & Jeannie W. Arcieri are requesting a flexible development approval to permit a fence 6 ft in height
within the front (south) setback along Bayshore Boulevard on property within the Medium Density Residential
District, under the provisions of Section 3-804.A.l (Proposed Use: A wrought iron-style, aluminum fence in
association with an existing single-family dwelling) at 550 N. Bayshore Blvd., Del Oro Place, Lot 3. FLD 2003-
03015
4. Golda Meir Center. Inc. are requesting a flexible development approval to reduce the landscape buffers for
Parcels A and B, as part ofa Comprehensive Landscape Program, under the provisions of Section 3-1202.G. and to
permit a place of worship within the Commercial District with a reduction in existing lot area from 40,000 sq ft to
15,720 sq ft, existing lot width from 200 ft to 140 ft, as a Comprehensive IOOll Redevelopment Project, under the
provisions of Section 2-704.C with the additional requests:
Parcel A: To permit 12 parking spaces designed to back into the public right-of-way along Jupiter Ave. and Rainbow
Dr.; and Parcel B: To permit a reduction in the front (west) setback along South Jupiter Ave. from 25 ft to 5 ft (to
curb), front (north) setback along Rainbow Dr. from 25 ft to 8 ft (to curb), the side (east) setback from 10 ft to 5 ft
(to curb) and the side (south) setback from 10 ft to 4 ft (to pavement) (Proposed Use: A place of worship within an
existing 7,137 sq ft building [Parcel A] and an accessory 14-space parking lot [Parcel B]) at 302 S. Jupiter Ave.,
Skycrest Sub Unit A, Blk A, E 72 ft of N 60 ft of Lot 7, and E 72 ft of Lot 8 less the W 63 ft thereof in Blk A; and
Skycrest Unit A, Blk B, W 70 ft of Lot 1. FLD 2003-03012
5. KB Home Tampa. LLC are requesting a flexible development approval to modify a previously approved site
plan (for Parcel 2) to reduce the required lot width from 150 ft to 70 ft for attached dwellings, reduce the front
(north) setback along Ham Blvd. from 25 ft to 18 ft (to pavement), reduce the side (west) setback from 10 ft to 4 ft
(to pavement) and reduce the side (east) setback from 10 ft to zero ft (to pavement) and to eliminate a 4-ft high fence
or wall to screen off-street parking from view from Ham Blvd., as part of a Residential Infill Project, under the
provisions of Section 2-404.F, and Preliminary Plat approval for 80 lots. (Proposed Use: An attached dwelling
project with 80 units) at 2551 HarD Blvd.. Bradford Court, Lot 1 and Sec. 19-29-16, M&B 14.08. FLD 2003-
03017 & PL T 2003-00003
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6. City of Clearwater are requesting a flexible development approval for the construction of a City-operated,
public, commercial dock (nine new slips) at 20 Island Way, under the provisions of Section 3-601 (Proposed Use: A
nine-slip, (public) commercial dock to be owned and operated by the City of Clearwater) at submerl!ed bottom
lands adiacent to the upland site at 20 Island Wav., Island Estates of Clearwater Unit 5, Bik C, Lots I & 4 less W
50 ft and all of Lot 2. FLD 2003-03013
7. Midnil!ht Rose Inc.. TRE / Michael Drazkowski are requesting a flexible development approval to reduce the
side (north and south) setbacks from 10ft to 6 ft (to building), reduce the rear (west) setback from 15 ft to II ft (to
patio), reduce the lot area from 15,000 sq ft to 13,483 sq ft and reduce the lot width from 150 ft to 100 ft, as part of a
Residential Infill Project under the provisions of Section 2-402.G (Proposed Use: Four townhomes within a 2-story,
3,849 sq ft building) at 100 N. Ladv Marv Dr., Brookwood Terrace Revised, Bik 2, E 20 ft of Lot 14, Lots 15 &
16. FLD 2002-12044
8. Decade 80 - XIV are requesting a flexible development approval to increase the height of a building with
attached dwellings from 30 ft to 138 ft (as measured from base flood elevation), as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-903.C, and to reduce the buffer width along the north
property line from 10 ft to 5 ft (to fue access drive), as a Comprehensive Landscape Program, under the provisions
of Section 3-1202.G (Proposed Use: A mixed-use development with 134 attached condominium dwellings, 4
attached townhome dwellings and a 120-slip marina [62 public slips and 58 slips reserved for condos]) at 900 N.
Osceola Ave., F.T. Blish's Sub, Lots 1-3 & 8-10; J.A. Gorra's Sub, Bik 2, W 120 ft of Lot 1, Lots 2 & 3, and vac
Nicholson S1. adj S of Lot 3; E'ly 150 ft of Lot 1 and Sue Barco Sub, Lot 1, 13-14, 23, and part of Lot 22. FLD
2002-10036
9. Clearwater Land Co. / Rel!encv Oaks. LLC & Svlan Health Properties. LLC are requesting a flexible
development approval to permit on Tract A: an existing, 530-bed assisted living facility, with an increase in height
from 50 ft to 65.9 ft for 2 existing, 5-story buildings, reductions of the side (west and south) setbacks from 20 ft to
zero ft (to pavement) and a reduction of the required parking spaces from 588 spaces to 494 spaces, and to permit on
Tract B: an existing 120-bed nursing home, with a reduction of the front (east) setback from 25 ft to zero ft (to
pavement) and reductions of the side (north) setback from lOft to zero ft (to pavement), as part of a Comprehensive
Infill Redevelopment Project, under the provisions of Section 2-1204.A (Proposed Use: An existing assisted living
facility and nursing home) at 2701. 2720. 2751 & 2770 Rel!encv Oaks Blvd., Sec. 05-29-16, M&B's 21.00, 21.01
& 21.02. FLD 2003-03016
Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the
Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the
Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based per Florida Statute 286.0105.
All individuals speaking on public hearing items will be sworn in.
Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review
by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning
Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567.
Lisa Fierce
Planning Department
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
NOTE: Applicant or representative must be present at the hearing.
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YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500
FT. OF THE SUBJECT PROPERTY.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND
LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REOUlRING REASONABLE
ACCOMMODATION IN ORDER TO PARTICIPATE IN lliIS MEETING SHOULD CALL THE
OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WIlli THEIR REOUEST AT (727) 562-
4090.
Ad: 05/04/03
~
Herold, Charles D
Herold, Elizabeth S
~ 2138 Centerview Ct S
Clearwater FL 33759 - 1009
2639 Mc Cormick Ptnshp
2639 Mccormick Dr
Clearwater FL 33759 - 1041
Bennett, D A Co
141 71 Valentine Trl
Largo FL 33774 - 2834
Bennett, D A Co
14171 Valentine Trl
Largo FL 33774 - 2834
Prestige Professional Park
Owners Assoc Inc
POBox 5124
Clearwater FL 33758 - 5124
Boos Dev Group Inc
2651 McCormick Dr
Clearwater FL 33759 -
Clearwater Land Co
18167 US Highway 19 N Ste 660
Clearwater FL 33764 - 6569
Clearwater, City of
POBox 4748
Clearwater FL 33758 - 4748
Lasho, Janice C TRE
Cooper, Deborah J TRE
1816 Georgia Ave
Palm Harbor FL 34683 - 4723
B P 0 E Lodge 1525
1240 San Christopher
POBox 697
Dunedin FL 34697 - 0697
~OD.3-D-i.0
Bennett, D A Co
141 71 Valentine Trl
Largo FL 33774 - 2834
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(} Lt)
Prestige Park
Owners Assn Inc
2623 McCormick Dr Ste 101
Clearwater FL 33759 - 1046
Bennett, D A Co
141 71 Valentine Trl
Largo FL 33774 - 2834
Bennett, D A Co
141 71 Valentine Trl
Largo FL 33774 - 2834
Bennett, D A Co
14171 Valentine Trl
Largo FL 33774 - 2834
Prestige Partnership
POBox 5124
Clearwater FL 33758 - 5124
Sylvan Abbey Memorial Park Inc
c/o Stewart Services Inc
Shared Services Center
POBox 11250
New Orleans La 70181 - 1250
Clearwater Land Co
18167 US Highway 19 N Ste 660
Clearwater FL 33764 - 6569
Parkside Clearwater Associates
3030 N Rocky Pointe Dr W #560
Tampa FL 33607 - 5905
Master Key Associates VII
Wilson, Harold S
24275 US Highway 19 N
Clearwater FL 33763 - 4068
Clearwater Jaycee
Memorial Foundation Inc
c/o Pat Gilmer
POBox 4703
Clearwater FL 33765 -
~.-J
Holland Group Income Tax &
Financial Strategies Inc
2641 Mccormick Dr Ste 102
Clearwater FL 33759 - 1066
Bennett, D A Co
141 71 Valentine Trl
Largo FL 33774 - 2834
Bennett, D A Co
141 71 Valentine Trl
Largo FL 33774 - 2834
Better Business Bureau W FL
5830 142nd Ave N Ste B
Clearwater FL 33760 -
Clearwater Land Co
18167 US Highway 19 N Ste 660
Clearwater FL 33764 - 6569
Parkside Clearwater Associates
3030 N Rocky Pointe DrW #560
Tampa FL 33607 - 5905
Southern Comfort Park Inc
10912 N 56th St
Temple Terrace FL 33617 - 3004
Capri Mobile Home Park Inc
24195 US Highway 19 N
Clearwater FL 33763 - 4051
Thumbtzen, Ocain J
Thumbtzen, Evelyn J
2796 Robinwood Dr
Clearwater FL 33759 - 1505
Gadson, Jackie
1970 Soule Rd
l
Clearwater FL 33759 - 1507
Bell, Roy
2788 Robinwood Dr
Clearwater FL 33759 - 1505
Sams, Terry
2768 Robinwood Dr
Clearwater FL 33759 - 1505
Robinson, Rosalie L
2791 Robinwood Dr
Clearwater FL 33759 - 1506
Casher, Kenneth C
2775 Robinwood Dr
Clearwater FL 33759 - 1506
Virginia Groves
Paula Clemens
1746 S1. Croix Dr.
Clearwater, FL 33759
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Washington, Harrison
Washington, Leola B
1789 Harbor Dr
Clearwater FL 33755 - 1826
Johnson, Quandalla A
2782 Robinwood Dr
Clearwater FL 33759 - 1505
Wilson, John C
Wilson, Michelle J
2760 Robinwood Dr
Clearwater FL 33759 - 1505
Berry, J L
Berry, Paricia S
1314 Kings Hwy
Clearwater FL 33755 - 3420
Rowe, Johnny L
2767 Robinwood Dr
Clearwater FL 33759 - 1506
e
Riggien, Leah M
2794 Robinwood Dr
Clearwater FL 33759 - 1505
Goodloe, Alvin
Goodloe, Rose M
2776 Robinwood Dr
Clearwater FL 33759 - 1505
Haire, Mary P
Ware, Lasheka H
2752 Robinwood Dr
Clearwater FL 33759 - 1505
Hayward, Samuel L
2779 Robinwood Dr
Clearwater FL 33759 - 1506
E.D. Armstrong III, Esquire
Johnson, Blakely, Pope, Bokor,
Ruppel & Bums P.A.
POBox 1368
Clearwater, FL 33764