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FL01-10-33 . . ... o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION CASE #: 0 DATE RECEIVED: t) RECEIVED BY (staff initials): M ATLASPAGE#: ~OO~ ZONING DISTRICT: c:... LAND USE CLASSIFICATION: Lb ZONING & LAND USECLASSIFICATrON OF ADJACENT PROPERTIES: NORTH: C. ~ SOUTH~. ~ WEST: )l...~ EAST: 0''") + 9-. t'\ .. tI i" ... o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans W SUBMIT APPLICATION FEE $ 1 ,205 _ 00 FLEXIBLE DEVELOPMENT APPLICATION Residential InfIll Project (Revised 8/30/01) -PLEASE TYPE OR PR1NT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Morton Pl ant Mease Life Servi ces. Inc. MAILING ADDRESS: 11'175 Starkey Road. Largo. FL 33773 PHONE NUMBER: (727) 394-6461 FAX NUMBER: NOV 1 3 2001 PROPERTY OWNER(S): (Must include ALL owners) AGENT NAME: MAILING ADDRESS: 4921 Memori al Hi hwa Suite 300 Tam a FL 33634 PHONE NUMBER: (813) 880-8881 FAX NUMBER: (813) 880-8882 B. PROPOSED DEVELOPMEtIT INFORMATION: STREET ADDRESS: 2855 Gulf...to-Bav Blvd.. Clearwater. FL 33759 LEGAL DESCRIPTION: See Attachment "A" PARCEL NUMBER: 17 / 29 / 16 / 03006 / 000 / 0200 PARCEL SIZE: 2.45 Acres; 1.06&38 sq. ft. ~ (acres, square feet) Assisted living facility; 94 beds (32 dwelling units) (number of dwelling units, hotel rooms or square footage of nonresidential use) PROPOSED USE AND SIZE: DESCRIPTION OF REQUEST(S): Allowi ng exi sting non-conformi ng 1 and use (assi sted 1 i vi ng faci 1 ity) withi n (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) existing commercial zoned site. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES --L NO _ (if yes, attach a copy of the applicable documents) Page 1 of 6 - Flexible Development Application Residentiallnfill Project- City of Clearwater . . C. PROOF OF OWNERSHIP: (Section 4-202.A) o SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) o Provide complete responses to the six (6) 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 s located. No improvements are proposed. therefore. approval of tmsapplication will not neqativelv impact the harmony of scale, bulk, coverage, density, or character of 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. No improvements are oroposed. therefore. adiacent property will not be impacted. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. . No improvements are proposed. therefore. the health and safety of adjacent workers/residents will not be impacted. 4. The proposed development is designed to minimize traffic congestion. NO ; mpl"O\lpmpnT'} r1Y'e propo'}pd: tr'3ffi (' \!Iil' TlOT /'Ie aff'~('tprl 5. The proposed development is consistent with the community character of the immediate viciriity of the parcel,proposed for development. No improvements are proposed, therefore, the existing site improvements are consistent with the character of the immediate vicinity of the subject parcel. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. . ., No improvements are proposed. therefore, trnTewill be no adverse effects on adiacent properties. o Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. ' The existing use (ALF) predates both the rezoning from CG to C and the revised development standards. It would be impractical to make this parcel meet current development standards since no improvements or chanqe of use is proposed. Page 2 of 6 - Flexible Development Application Residential Infill Project- City of Clearwater . . 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value oithe site with the improvements.) Since no improvements are proposed, market values will not be affected. 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. The existing land use is proposed to be maintained and is permitted within several zoning districts, including: MOR, MHOR, HDR, and I. 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. The adjacent land uses include both retirement independent living units and commercial usage. Since the proposed use will not chanae. the flexible development approval will not create' an incompatible land use. 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity ot'the parcel .Proposed for. development. Slnce no lmprovements are proposed, the infi11 will have no affect on the immediate vicinity of the parcel. 6. The design of the proposed residential infill project creates a form a"nd function that enhances the community character of the immediate vicinity of the parcel propl?sed for development and the City of Clearwater as a whole. The existing facility provides an important function to the city as a whole 'and since the use will remain unchanged, this function will continue to benefit the City. . 7. 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 developmeftt and the City of Clearwater as a whole. Acceptance of the existina historical setbacks should be iustified by the fact that approval of this app1 i cati on wi 11 not create additi ona1 (~encroachments wi thi n -required setbacks. E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) o SIGNED AND SEALED SURVEY (including legal description of property) -.one original and 12 copies; o COPY OF RECORDED PLAT, as applicable; o PRELIMINARY PLAT, as required; o LOCATION MAP OF THE PROPERTY. 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.) , o GRADING PLAN, as applicable; Page 3 of 6 - Flexible Development Application Residentiallnfill Project- City of Clearwater . . F. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) N/A. no improvements proposed. 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 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit) o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, as applicable G. 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 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; DepictioA. by shading or crosshatching of all required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land .area in square feet and acres; ~ Number of dwelling units proposed; 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. o REDUCED SITE PLAN to scale (8 % X 11) and color rendering if possible; o 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 arid building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Stnuctural 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 6 - Flexible Development Application Residentiallnfill Project- City of Clearwater : . e H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) o 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; 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 Y, X 11) (color rendering if possible); o IRRIGATION PLAN (required for level two ar:ld three approval); o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. N/A 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 Y, X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) o Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (8 Y, X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-801.C) N/A 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 ""'1" Sworn to and subscribed before me this 0<. 't day of O~.y.ob-..t.r ,A.D. 20.fli- to me and/or by tu"ton LV' Gf(9elL..I.At;., ...\ll;. who is r:>ersonally Ig]gwn has produced as identification. Signature of property owner or representative ~~~t\j1hli~ ~~t~orri~i~' expires: ..::.,'::~,:,,'\ ( I.' ~ .. " I /. , ---~~ .,. , J, .*_ . \,.. ", f (;1:')"'65/ FXYI?-ES ~i~~<) e,;,' "i. September 13, 2004 ',Rf.,)~\''\ Page 5 of 6 - Flexible Development Application Residentiallnfill Project- City of Clearwater I . . ' . e M. AFFIDAVIT TO AUTHORIZE AGENT: Morton Plant Mease Life Services, Inc. (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 2855 Gulf-to-Bay Blvd. Clearwater, FL 33759 2. That this property constitutes the property for which a request for a: (describe request) Variance to allow the existing land use to be permitted on the commercially zoned parcel. 3. That the undersigned (has/have) appointed and (does/do) appoint: John E. Powell of King Engineering Associates. Inc. as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws Q{ the State of Florid~, on this ~ '1-:l-h day of O~h.b.i.I , ~ 00 I personally appeared b (> n t."n W. ~l'lO f.;U1 YJJ- I ....1.. . who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. W lif'.1'4!;. "' co,,:;:~.: ,;'." '( .'.;;:~; fl""" #l 0-(; 1P- t!J.,~';f,: Y'-- My Commission Expires: ~ : ~ September 13, 2004 ?1,~ ' BONDEOTl1RIJ 1ROY fAIN !/IStlRANCf.1NC. ,Rflll\ IIMS2IPDSlPlanning DepartmenMpplication Formsldevelopment revievNesidential intill application2.doc Page 7 of 6 - Flexible Development Application Residential Infill Project- City of Clearwater . .' " . >- Planning and Development Services 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4576 llL {} I. CASE #: DATE RECEIVED: "'. n - 7" - () I RECEIVED BY (staff initials): ATLAS PAGE #: ~ Q 0 B. ZONING DISTRICT: C LAND USE CLASSIFICATION: Of) ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: C I Cc:; SOUTH: nliR-... I ~r"\ WEST: C { t-'\)i.. I ~ + "-M EAST: C- If M'b I'Ll ur + "M .... o o SUBMIT ORIGINAL SIGNED ANn NnTARI7Fn APPLICATION o SUBMIT 1 COPY OF THE ORIGINAL APPLICATION including folded site plan COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS (Revised 9/19/2001) D. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-1001) APPLICANT NAME: Morton Plant Mease Life Services, Inc. PHONE NUMBER: (727) 394-6461 FAX NUMBER: NO'J 1 3 2001 MAILING ADDRESS: FL 33773 PROPERTY OWNER(S): Morton Plant Mease Life Services Inc. (Must include ALL owners) t,-.,~__ PLL\t" ,'1' i i I Ii ~ j L; ! J .....~""'~"__...,._._...>'., j' I ,'" b~~~}.~i,Vn}6-SV~~'1 AGENT NAME: (Contact Person) John E. Powell, King Engineering Associ ates, Inc. MAILING ADDRESS: 4921 [Memorial Hiahway. Suite 300. Tamoa. FL 33634 PHONE NUMBER: ( 813) 880-8881 FAX NUMBER: ( 813) 880-8882 Of The landscaping requirements of Article 3 Division 12 may be waived or modified as a part of a level One or level Two Approval, as the case may be, if the application for development approval includes a Comprehensive landscape Program, which satisfies the following criteria. The use of landscape plans; sections/elevations, renderings and perspectives may be necessary as supplementary information in addition to the information provided on this worksheet: . . 1. Architectural Theme. a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the ~evelopment. Page 1 of 3 , . . . OR b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. The existina landscape treatment incorporates numerous larqe oak trees that combine to create an atmosohere demonstrably more attractive than the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. The business does not close, therefore, this item is not'applicable. 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. There is a 28' landscaoe setback from Gulf-to-Bav Boulevard that provides for an enhanced vi~llal bllffp.r from public riaht-of-way to the site (refer to sian photos attached). The site is further buffered from Gulf-to-Bay Boulevard with an ornamental wall (see photos). The existina landscapi,nq includes mature oak trees that have been oreserved and serve to enhance the City's community character. Page 2 of 3 . . . . . , . 4. Property Values. The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. Since the site is existinq there is no detrimental impact to the value of property in the vicinity of the referenced site. 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. It is our understandinq that the City has no specific scenic corridor plan alonq Gulf~to~BaY Boulevard. Please return checklist for review and verification. Date: O<:.-t-o h~ i eX 'f I 2..00 I (Signature of applica s: application forms/development review/comprehensive landscape program application.doc Page 3 of 3 " 10/2.ri/07 10:42 KING EN~EERING TAMPA ~ 7274428470 . LEGAL DESCRIPTION A TRACT OF LAND LYING WITHIN SECTION 17. TOWNSHIP 29 SOUTH, RANGE 16 EAST. PINELLAS COUNTY, FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS; ~ vi s I ~ '1: ~ e 'Cl l;; w Cl e 2 E .~ ~ <( cO) f') ~ o - COMMENCE AT THE NORTHWEST CORNER OF BLOCK 2 OF A RESUB OF BASKIN'S REPLAT AS RECORDED IN PLAT BOOK 24, PAGE 42 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA: THENCE ALONG THE NORTH LINE OF BASKIN'S REPLAT N89" 49'15"E, 1206.36 TO THE POINT OF BEGINNING ; THENCE CONTINUE SAID LINE N89"49'15"E, 200,00 FEET; THENCE SOO"37'03"W, 150.02 FEET; THENCE N89.46'O,"E, 60.01 FEET; THENCE SOO"37'03"W. 260.00 FEET; THENCE S89"46'01"W, 191.06 FEET; THENCE N38"27'38"W, 331.18 FEET; THENCE N89'46'01"E, 139.84 FEET; THENCE NOO"37'03"E, 150.02 FEET TO THE POINT OF BEGINNING. CONTAINING 1 06.838 SQUARE FEET OR 2.450 ACRES. MORE OR LESS. i2 on ~ ~ ~ '2 CIl e '6 Zi lJI Ii ~ :c ~ ~ i ~ ..... ..... 5 2 u .- o ~ ~O~T : ~ ~O~ ~il \.1 Ji' Lj,\. \, \.1 I '"' ! lei y -------===::::::.:-==.:":::.. BAYVIEW GARDENS TOWER NO. 025 [;102 K .e,;g II .UllillIlJML ~11Itt.n P"DN! .,~ 'UD '1111 Ill<< __l COI'IUl IUm HO FA. 8!~.1IO ...u JOB NO. ATTACHMENT 1170-001-002 DATE: 10 15 01 A 72788088828808881 => MCFARLANE FERGUSON ,TEL=727 442 8470 10/25101 10:40 It e BAYVIEW GARDENS TOWER PARCEL TERMINATION OF STATUS AS A NON-CONFORMITY NARRATIVE October 25, 2001 The Bayview Gardens Tower Parcel is located at 2855 Gulf-to-Bay Boulevard and was constructed in 1966. Since the date of original construction, the City of Clearwater has modified both the zoning of the subject parcel and the Land Development Regulations. The applicant desires to subdivide the Bayview Gardens property to separate the Tower Parcel from the remaining property. The applicant desires to obtain approval under the City's current development regulations to have the existing assisted living facility (ALF) land use for the Tower Parcel accepted as a conforming land use within the commercially zoned property. It is understood that the four (4) conditions as listed in Section 6- 109(C) must be addressed in order to successfully approve the Level 2 site plan review. The City's conditions are listed below in bold type followed by our response. 1. Perimeter buffers conforming to the requirements of section 3-1202(C) shall be installed. Section 3-1202(C) requires that a 10-foot minimum wide buffer along the perimeter with one (1) tree per 35 feet and 100% shrubs. The existing perimeter buffers for the site vary in width. A minimum 28 feet buffer exists along the north property line adjacent to Gulf-to-Bay Boulevard. The western portion of the site abuts commercial property. The perimeter buffer widths along the western portion of the site vary from approximately 1.2 feet to approximately 30 feet from the property line to pavement. Along the southwestern portion of the site the existing creek and its associated vegetation provides a buffer to the adjacent property. A portion of the proposed southern property line lies within the perimeter loop road. The loop road is essential for the traffic circulation for the overall Bayview Gardens site, therefore a landscaped perimeter buffer in this area cannot be provided. Along the southern portion of the east property lines is a landscape buffer approximately 5 feet in width. The perimeter buffer along the northern portion of the eastern property line varies from approximately .5 feet adjacent to the parking lot to a much larger area where the pavement does not abut the property line. The total area required for perimeter buffer and for interior island area per current code is 19,260 s.f. The existing site currently has 33,507 s.f. of combined buffer/interior landscape area. 2. Off-street parking lots shall be improved to meet the landscaping standards established in section 3-1202(D). Section 3-1202(D) requires that 10% of gross vehicular use area be provided within interior islands. As mentioned in item 1 above, the total landscape area provided for perimeter buffers and interior islands (33,507 s.f.) far exceeds the required amount of 19,260 s.f. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. -1- O:IADMIN\2001 IPROJECTS\1170-00 I.002\Misc\Narrative2.jep.doc . . BA YVIEW GARDENS TOWER P ARCEL TERMINATION OF STATUS AS A NON-CONFORMITY NARRATIVE The existing sign on Gulf-to-Bay Boulevard meets the dimensional criteria per section 3- 1806(B) (1) (c). Photographs of the existing sign are provided with this submittal to show that the design, character, location and materials of the sign are appropriate for the development. Section 3-1804(A) requires that all signs have a 5-foot setback from the property line. The setback from Gulf-to-Bay Boulevard for the existing sign is 4.84 feet. The nonconforming setback is a pre-existing condition and is not created by the proposed subdivision of the Bayview Gardens property. It is therefore requested that the sign be considered in substantial conformance to the development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this section. lo This application requests that the comprehensive landscaping and comprehensive SIgn programs be used to satisfy the requirements of this section. In addition to the above criteria, parking calculations are provided to assure that the referenced project has sufficient parking to meet the needs of the site. MDR zoning allows for assisted living facilities. Parking required for an assisted living facility within MDR zoning is one (1) per two (2) residents. At 94 residents, 47 parking spaces are required. There are currently 54 parking spaces available within the parcel. The tower parcel is zoned commercial which allows for a density of 24 units per acre. The parcel size is 2.45 acres which allows for 58 dwelling units. At three (3) beds per dwelling unit for an assisted living facility, 174 beds are allowed. The tower ALF has 94 beds which are equivalent to 32 units (94/3 equals 32). --:--~;i~-^::;'f~~'\ r 7 (Gl 11. I~, \ II \ \Ii~ U~ 1,1.1) \1 \\) l_~ \ II Il, Ii '\ 'II, 'II \ NOV 1 6 2001 I![ 1\ I' l \ \ 'M~-- _._~~-----_.._---- -2- O:\ADMIN\2001 \PROJECTS\ 1170-00l,002\MiscINarrative2,jep,doc . . EXHIBIT 1 FILE ~ .@ ~ ~ G~ ~ ~ C::::J ..-. o o r-...J CO C\1 l- e..:> o - - EXHIBIT 1 , . -. ~ "f" .i"'\('''''-.~ >,1 m ~. '.' rc ~ ~ ~ - C) C) C=:J C"'-I ~ ('\") - @ :> C") t.!..UJ z NY'IoI ~ [!]D~rn]~ 'taAlO"U 'lB!. 'tMWrlO S30,^~3S 3.:111 .LNV1d NO.L~Ot'l A.1.INnt'lt'lOO .LN3t'l3~LL3~ SN30~VO M3IM.Ve g C/) t-CC Zw U..-. 5:3: ~~ >-J W() ~!:'- .*@~8 ~ I ~~ - '> * /111 \ \ \ \ \~ "'"= . - -- ....- --r--=-~'r- I I " I I " I I " I , II o r So < II ~ ! a CD ,. ... CD ~ ~ G 1 I I i1li ~Ii I; I~ I ~ ~ Il. ~ Ul In . . CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES March 26, 2002 Mr. James G. Orr Director Business Development Morton Plant Mease Health Care 11175 Starkey Road Largo, FL 33773 Re: Landscape Plan for Bayview Gardens 2855 Gulf to Bay Boulevard Dear Mr. Orr: Today I received a revised Landscape Plan for the Bayview Gardens ALF at 2855 Gulf to Bay Boulevard from Bessolo Design Group with a revision date of March 14,2002. Upon review of this submittal, the Planning Department has APPROVED this revised Landscape Plan. Should you have any questions, feel free to contact me at 727-562-4504. Sincerely, ~~w~:~p~ Senior Planner Cc: John E. Powell, King Engineering Associates, Inc. S:IPlanning DepartmentlC D BlFlexlJnnactive or Finished Applications I Gulf to Bay 2855 Morton Plant Mease Life Services - ApprovedlGulfto Bay 2855 Landscape letter 3. 26. 02.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE lviAYOR-CO~!MISSIONER WHITNEY GRAY, COMMISSIONER HOlT H^"\lILTON, COMMISSIONER BIl.L]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 000000000.000. ..000000..000 ..000.00...00 ..00...0...00 ..0.......... ............. ............. BESSOLO . ~rn:"rn:~ @w '~/A\JID~lMIll" /A\~ DATE: 03-25-02 I JOB # I Ol-OlAOl ATTN: WAYNE WELLS RE: BA YVIEW GARDENS I CLEARWATER, FLORIDA I I COURIER (727) 562-4567 DESIGN GROUP. INC. ............. ARCHITECTURE. PLANNING License # AA-C002117 TO: CITY OF CLEARWATER, PLANNING DEPT. 100 S. MYRTLE A VENUE 2LEARWATER, FLORIDA 33756 WEARE SENDING YOU D Attached D Under separate cover via the following items: D Shop drawings D Copy of letter D Prints x Plans D Samples D Specifications D Change order D SETS DWG DATE # SHTS. DESCRIPTION 5 03/14/02 1 REVISED LANDSCAPE PLAN A-l.l THESE ARE TRANSMITTED as checked below: D For approval D Approved as submitted D Approved as noted D Resubmit copies for approval x For your use D Submit copies for distribution D As requested D Returned for corrections D Return corrected prints o For review and comment 0 D FOR BIDS DUE 19 D PRINTS RETURNED AFTER LOAN TO US REMARKS: BOB ORECCHIO COPY TO: John Powell, Jim Orr, KJB/file SIGNED , . 1- l 'Ii i,.C;....' ;, ~t) _~ . \_,j " THE INFORMATION PROVIDED VIA THIS TRANSMIITAL IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR ONLY THE ADDRESSEE(S) LISTED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AGENT RESPONSIBLE FOR ITS DELIVERY, PLEASE DO NOT USE THIS TRANSMIIT AL IN ANY WAY, BUT NOTIFY THE SENDER BY TELEPHONE. .............................................. M:\200 I \0 1-0 I AO I Bayview Gardens SNF\ 02. Legal\ Transmittals\ Trans W WELLS 032502.doc . 556 Central Avenue . St. Petersburg, Florida 33701 . Phone: (727) 894-4453 . Fax: (727) 896-8662 . E-mail: arch@bdg-inc.net . ~ Morton Plant Mease . HEALTH CARE 1&.7 11175 Starkey Road, Largo, FL 33773 Phone: ~-394-6461 FA)' 3'14 - \,\, 72- Dear Mr. Wells: .,.------1 ....,.-' -- -' --' .....-- March 15,2002 Mr. Wayne M. Wells, AICP City of Clearwater Planning Department P.O. Box 4748 Clearwater, FL 33758 Upon receipt of your February recommendations for changes to the Bayview Gardens landscape plan, we contracted with a landscape company to install the plantings according to Bessolo Design Group's revised plan. I was surprised to receive more changes earlier this week, March 11. Of particular concern are the 4" caliper of live oaks and the additional jasmine plants. These details, not mentioned in your February response to our landscape plan, put significant burdens on us financially and logistically (lack of availability). Earlier this week I watched a taped for TV rerun of the commission meeting of March 7 during which the benefits of 2.5" versus 4" live oaks were espoused. The City representative indicated that the 2.5" actually grows faster once its planted. Please help me understand why if that's the case, that we have to plant the larger trees. Please consider reducing the live oak caliper on our project to 2.5" and accepting the earlier proposed material plantings as adequate without the additional jasmine plantings. Thank you in advance for your consideration in this matter. Sincerely, c;;: 0.0~ James G. Orr Director Business Development . . CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PlANNING DEVELOPMENT REviEW HOUSING DMSION NEIGHBORHOOD SERVICES March 8, 2002 Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Tampa, FL 33634 RE: Parking Lot Striping at Bayview Gardens 2855 Gulf to Bay Boulevard Dear Mr. Powell: When Case No. FL 01-10-33 was reviewed by the Development Review Committee (DRC) on November 8, 2001, Traffic Operations Engineer Mike Gust conditioned any approval of the site plan on handicap parking meeting all ADA parking needs per current City standards (striping and signage). This condition still shows as "not met" in our computer for this Case. We have spoken on the phone regarding this condition. You have indicated that the work was completed in December 2001. I have recently inspected the site and agree that the handicap parking striping and signage appear to meet ADA requirements. However, our records do not indicate that this work was done with a City building permit, where the site plan would be reviewed for conformance with ADA rules prior to the issuance of the permit and then inspected after the work was completed. I would appreciate your assistance in having the owners obtain the necessary permit (and as necessary the inspection) so that we could close out this Case by April 1, 2002, which is the same date the landscape improvements are to be completed. Two copies of a site plan showing the location of the three handicap parking spaces and necessary handicap striping and signage details will need to be submitted to Development Services for the permit. A licensed contractor will be required to obtain this permit. Should you have any questions, feel free to contact me at 727-562-4504. Sincerely, WO-.j No. 1"\, \.J~ Wayne M. Wells, AICP Senior Planner Cc: James Orr, Morton Plant Mease Health Care, Bayview Gardens S:IPlanning DepartmentlC D BIFlexlJnnactive or Finished ApplicationslGulfto Bay 2855 Morton Plant Mease Life Services - ApprovedlGulfto Bay 2855 Parking letter 3.8. 02. doc BRIAN J. AUI'\GST, MWOR-COiYl:\lISSIONER ED HART, VICE MAYOR-Cml!YllSSIONER WHITNEY GRAY, CmlMISSIO;\ER HOYT HAWLTON, COMMISS!OI'\ER * BII.LJOI'\SON, COMMISSIONER "EQUAL EMPLOYMENT fu'\jD AFFIRMATIVE ACTION EMPLOYER" 2/26/2002 8:49:04 AM Condition.sociated with Case #: FL .0-33 Condo Code Title Stat. Changed Hold Status Changed By Tag Updated UpdatedBy TER1 Traffic Eng Condition Not Met TER1 2/26/2002 ww Site to meet all ADA parking needs per current City standards (striping and signing) Substandard parking space at metal building must be eliminated Land Resources cannot approve another proposed space because of tree conflict Zoning Condition Met 2/25/2002 WW 2/26/2002 WW ZONE J Approved by CDS on 12/14/01 (total of 3 conditions): 1.DThat a cross access easement be recorded to provide continued access with the properties to the south and southwest, within 30 days (January 14, 2002); ZONE 2/25/02 - Recorded easement submitted; placed in file and sent to Engineering. Zoning Condition Not Met 1/8/2002 WW 2/26/2002 WW Approved by CDS on 12/14/01 (total of 3 conditions); 2. DThat a revised landscape plan be submitted to staff within three weeks (January 4, 2002), including trees and planting beds/hedging on the north side of the masonry wall and additional shade trees on the south side of the main parking lot; and Status: Submitted landscape plan on 12/21/01 Status: Revised landscape plan submitted 2/25/02 ZONE Zoning Condition Not Met 2/26/2002 WW Approved by CDS on 12/14/01 (total of 3 conditions): 3. DThat all dead or dying plant material be replaced and all new plantings be installed by March 1, 2002. Status: Time extension granted to 4/1/02 (letter in file) Page 1 of 1 . . CITY OF CLEARWATER LONG RANGE PlANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 March 6, 2002 Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Tampa, FL 33634 RE: Landscape Plan 2855 Gulf to Bay Boulevard Dear Mr. Powell: The Planning Department has reviewed the proposed Landscape Plan dated February 25, 2002. The following changes are requested: 1. Add into the "Plant Legend/New Plants" the following specifications; . New viburnum hedge - 24" height; 36" on-center; . New Aztec grass - 1 gallon; 24" on-center; . New live oak - 4" caliper; 12' height; . New mulch bed - 3" deep; . New crape myrtle - 2" caliper; 8' height; · Add - New variegated jasmine - 1 gallon; 18' on-center. 2. Revise the landscape design to provide a continuous planting bed and with information regarding on-center plantings. Please submit five (5) copies ofthe revised Landscape Plan to this office for review and approval. Should you have any questions, feel free to contact me at 727-562-4504, or if you have specific planting questions, contact Mark Parry at 727-562-4558. I am enclosing a copy of the redlined landscape plan highlighted for your information. Sincerely, ~~~IS'~~~~ Senior Planner Enclosures S:\Planning DepartmentlC D BlFlex\lnnactive or FinishM-)():J-plidHilJlts5,GJr}'t(;9J'ap18'5'Y-Wf6/!f6li Plant Mease Life Services - ApprovedlGulfto Bay 2855 ED HART, VICE lV[AYOR-C0;\1~lISSI0NE~andscape leller 3.6.02.doc WHITNEY GRAY, CO.\lMISSIO:'\ER HOYT ]-LI\c\lILTON, CO\lMISSIONER * BII.LJONSON, COMMISSIOf\ER "EQUAL EMPLOYMEi\T A.1\'0 AFFIRMATIVE ACTION EMPLOYER" NEW ITIERE.D PL/\NT1NG BED I NEW bZTECzu'lO V GRAf5 ~ -I .[1- NEIll ~IBURN,t\rl HEOC[E ... 70 '&{/ 0~Ju4 { )r t"-,(\, ~ \~I\~-) c- . .,'.' . ..' . . ;'. ,'~ .'" - I . . .-'" .. .~.......,~) ~ I .. .. .. t ... .. .. .. .. . .. .... .... ".4' .... .... .." \.............. . . .... '. .E.XISTINO,~'. " '. ..............~.;\j- '----t- EXISilNG SIGN P/\NEL :' ..' .': . .'. Sl.Ll.C.CO -WALL-" " .. ~~ t: :;;.: '::':':;;~;~'. I I . . .' .. . . . It'. . , . , . . . 1 ' '. .'. .... '.: '. ::" . '. '. 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I , ~ I l. t i . t t'lihi~f1~'iT;-~~"-1~~A~ftQ;r~i{~'~l~.;_ ,..-....-.-----......... ~.- r~~)L.:'l;."'H~.'~...:iI.......ij.l l-J:~.'. i L".~~~~,:;j"~~ ~',~, ,~t.; ii"ihi..;7.'t"~.~....ilii..~i;l-........M>~,.;i;'" 7~.~-"':o t. . t. J;" t. ----,---"",. ~_ LJ I 'r\ "V v I -",T' i' 1 i " i__l.) ! : f~JO K.,h.) ~ ,~;.:~~~.1r.;< .;-:~~Z~r;f~~::,..~:1..:.';-:~r;r::-;;~: -:-,.._--.-...~~_.....-... --.--.......-.....-----~..,..-.,.... ; ;/\ i L f'\' 'j u---..,'>t-Q I .;7,p_'l;f,..C..:i\t~...~f.....'....-...... _: ..:" .:-"':, .,. :"""':-', ..,....". '....!),~-. . **"'atf^~~"-"A'~"~'_ll"'''~P.'rtaY~''''lf~:;~ ;. .!', ..... ""; i: >-f",~~ : ~~.:r. ,. '''' . !-i....~_ i i::t."; ~t~~f~~~~iJi'~~1J'i~~t,:t:;:iCi~l~~,:1:'.~~~li~:~~:' }.~ ;:4::~ . . MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 500 SOUTH FLORIDA AVENUE SUITE 240 LAKELAND. FLORIDA 33601 (663) 660-9906 FAX (663) 663-2649 400 NORTH TAMPA STREET. SUITE 2300 P.O. 60X 1531 (ZIP 33601) TAMPA. FLORIDA 33602 (613) 273-4200 FAX (813) 273-4396 625 COURT STREET P.O. BOX 1669 (ZIP 33757) CLEARWATER. FLORIDA 33756 (727) 441-8966 FAX (727) 442-8470 February 14, 2002 IN REPLY REFER TO, Post Office Box 1669 Clearwater, FL 33757 Ms. Cynthia H. Tarapani Planning Director City of Clearwater Municipal Services Building 100 South Myrtle Avenue 2nd Floor, Room 210 Clearwater, Florida 33756 Dear Cindy: Enclosed is the Cross Easement Agreement relating to Case No. FL 01-10-33. Sincerely, '(\J\Nv\P - EMIL C. MARQUARDT, JR. ECM\tlm Enclosure G:\ECM\MORPLANT\BAYVIEW\Tarapani.0214.wpd . . ,1AGES 11 ~# :-lG AJIIT ,<.M1T ~ 51Id~_ s DR219 S 'IT EES 1TF )IG ~~ caJD THIS DECLARATION OF NON-EXCLUSIVE CROSS ACCESS EASEMENTS AND orAL . e.. MA:INTENA~E AGREEMENT (the "Agreement"), made and entered into fl1:{)\ this ~.n day Of~ 2002, by MORTON PLANT MEASE LIFE SERVICES, INC., a Florida corporation, hereinafter referred to as "Life Services", ad whose mailing address is 11175 Starkey Road, Largo, FL 33770. Prepared by and Return to: ~ EMIL C. MARQUARDT, JR., ESQ. Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757-1669 KARlEEN F. DE BLAKER, CLEf<< OF COURT PHELLAS ClllNTy, FLORIDA 5C177760 02-08-2002 16:16:06 HDK 51 AGR-MORTON PLANT MEAl( LIFE srnJ 017647 ID:02054220 BK:11831 SPG:0868 EPG:OO'78 REmRDlt4J 011 POOES 1 $51.00 TOTAL: !XCI< AMI. TENDERED: CHANGE : BY __ DEPUTY ClERK $51.00 $51.00 $.00 DECLARATION OF NON-EXCLUSIVE CROSS ACCESS EASEMENTS AND MAINTENANCE AGREEMENT 02-054220 rE8- e-2002 4: IS~ PINELLRS CO 8K lle~l PG ese /1111111111111111111111111111111111111111111111111 WIT N E SSE T H: WHEREAS, Life Services is the owner of all the properties ("Properties") attached as Exhibit "A" and Exhibit "B", situate in Pinellas County, Florida; and WHEREAS, Life Services anticipates that at some time in the future it may sell one or both of the Exhibit A and Exhibit B parce~s; and WHEREAS, Life Services desires that the owners of the Exhibit A property has an easement for pedestrian and vehicular access over, across and upon such roadways, driveways, parking areas and walkways ("access easement") as may be constructed on the Exhibit B property in the future; and WHEREAS, Life Services desires that the owners of the Exhibit B property has an easement for pedestrian and vehicular access over, across and upon such roadways , driveways, parking areas. and walkways ("access easement") as may be constructed on the Exhibit A property in the future; and WHEREAS, Life Services desires that there be a Maintenance Agreement relating to the roadways, driveways, parking areas and walkways on each property. 1 . . PINELLRS COUNTY rLR Orr.REC.8K 118~1 PO sSS NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, agreed, and the parties hereto, each to the other, do hereby grant and covenant unto the. others as follows: 1. RECITALS. The recitals set forth above are true and correct and are incorporated herein by reference. 2. GRANT OF NON-EXCLUSIVE CROSS EASEMENT FOR INGRESS, EGRESS AND UTILITIES. A. Inqress and Eoress Non-Exclusive Mutual Easements. (1) Life Services does hereby dedicate, create, grant and convey non-exclusive easements and rights of use on, over and upon the Properties owned by Life Services described herein, for pedestrian and vehicular access over, across and upon such roadways, described herein, and any future extensions or modifications thereof, [herein referred to as the "Access Easements"], as follows: (a) An dedicated, Exhibit A property. Access Easement is hereby established, created and granted as aforesaid, for the property over and across the Exhibit B (b) An dedicated, Exhibit B property. Access Easement is hereby established, created and granted as aforesaid, for the property over and across the Exhibit A (2) Except as otherwise expressly provided herein, the owner of each property shall have the sole responsibility for installing roadway improvements on its own parcel, and shall maintain the same in a good state of repair, with landscaping well maintained and roadways and parking areas within the said easement areas, if any, kept clean and free of debris. The parties hereto, their successors and assigns, shall keep their respective easement areas free from structures and all debris and other obstructions that might unreasonably interfere with the normal operations, use or maintenance of such easement areas for the purposes/herein described, and no party may construct or erect curbs, fences or landscaping so as to interfere with the free flow and passage of vehicular and-pedestrian traffic over and between the various parcels herein described. 2 . . PIN~LLRS COUNTY rLR. Orr.~~C.eK lle~l PG 870 B. Utilities. (1) Life Services does further create, dedicate and grant non-exclusive easements for the installation, maintenance, repair and replacement of utilities, below grade, within the Access Easement areas described above, and in addition, the lands described on Exhibits "A" and "B" shall be subj ect to blanket easements, which are hereby created and established, each for the other [collectively referred to herein as the "Utility Easements"], for such Utility Easements, subject to the following limitations: (a) The installation, use, operation or maintenance thereof will not unreasonably interfere with the servient estates operation or use, or prevent its reasonable use or development either currently or in the future. (b) The actual installation of new utilities or utility facilities shall either be in conjunction with, or located in the same immediate area as, other utili ties wi thin the servient estate, or alternatively the same shall be within ten (10') feet of an exterior boundary line of the servient estate, or within the roadway easements on the Exhibit A and B Properties. (2) No installation, maintenance, repair or replacement of such utilities or utility or appurtenances thereto shall materially interfere with the use and operation of the servient estate wherein they are located, and said rights are conditioned upon the party utilizing said easement immediately repairing and restoring any and all damages which may be caused to the said servient estate incident to the installation, maintenance, repair and replacement thereof, TIME BEING OF THE ESSENCE. C. Non-Exclusivitv of Easements. The easements granted herein are non-exclusive in nature and, except as otherwise expressly provided herein, shall not preclude concurrent use by others to this Agreement, their successors and assigns, and their guests and invi tees. All easements and rights established in this Agreement shall extend to the customers, employees, agents, guests and business invi tees 'of the parties hereto, and each of them, provided, nevertheless, that the rights hereunder are not intended nor shall be construed as creating any rights in or for the benefit of the public generally. 3 . . ~INELLAS COUNTY rLA. Orr,REC,BK 118~1 ~O 871 D. Existino Easement. A Declaration of Non-Exclusive Easements and Maintenance Agreement has been recorded in OR Book 11602 at page 1568. This Easement provides access for Life Services and its successors in interest through the property described in Exhibit C. 3. CONSTRUCTION AND MAINTENANCE. A. Performance Standards Relative to Easements and Easement Areas. The construction, installation and maintenance of all improvements on or under any easement areas herein described shall be performed in accordance with all applicable statutes, ordinances and regulations, and, if applicable, in accordance with plans approved by the municipal or regulatory bodies, and all other requisite governmental agencies and authorities. B. Future Development. Anything herein to the contrary notwithstanding, it is understood that the fee simple title owner of any of the properties described in the attached exhibits, or any part thereof, shall have the right to develop, or redevelop its properties, consistent with existing or future zoning or Land Use Plan Designation for the properties, and to utilize the easements afforded that parcel hereunder, incident to such development or redevelopment, and shall further have the right to relocate or modify any easements crossing the parcel being developed or redeveloped, so long as the modification or relocation of any easements or easement areas is at the sole cost and expense of the title holder of that parcel where the easement is located, there is no unreasonable interruption or interference with utilization, size or purpose of the easement or services to the benefitted parcel during reconstruction or relocation and thereafter, and further provided that any and all such modification, relocation, construction, redevelopment or other events affecting the easement area are in accordance with applicable codes and regulations pertaining thereto. C. Notice to Owners of Permit Applications. The construction, installation or replacement of any roads, walkways, utilities or other improvements on, above or under either servient estate, where municipal, governmental or regulatory approval is required, shall require that the party seeking the permit, provide written notice of the application to the owner(s) of the servient estate and copies of all plans and specifications generated for such application. 4 . . PINELLRS COUNTY rLR, Orr,REC,8K 11831 PG 872 4. MISCELLANEOUS. A. The provisions of this Agreement are not intended to create, nor shall they in any way be interpreted to create, a j oint venture, a partnership or any other similar relationship between the parties hereto. B. The owners of Parcels A and B, their respective successors and assigns, shall each separately maintain public liabili ty insurance for personal inj ury and property damage in such reasonable amounts and in such form as may be reasonably acceptable from time to time with the other benefitted property owner named as an additional named insured. Proof of the maintenance of such insurance shall be provided annually. The owners of the parcels described in Exhibits "A" and "B", for themselves and their respective heirs, successors and assigns, do hereby agree to defend, indemnify and hold harmless one another, and their respective officers, directors, shareholders, partners, agents and employees, from and against, and promptly reimburse them for, any and all losses, expenses, damages, deficiencies, liabilities, payments, penalties, litigation, demands, defenses, judgments, proceedings, costs (including engineering costs, costs of remediation and related capital expenditures, obligations, settlement costs and attorneys, accountants and other professional advisor fees, including costs of investigation and preparation), of any kind whatsoever, without limit, directly or indirectly, based upon or arising out of, resulting from, relating to or in connection with any personal injury or property damage suffered by the Indemnitor, their successors and assigns, officers, directors, shareholders, partners, agents, employees or invitees arising out of the use by any such indemnified persons of the cross-easement area. C. In the event any party hereto brings or commences legal proceedings to enforce any of the terms of this Agreement, and a judgment or award shall determine the successful party in such action, such successful party shall be entitled to receive from the other party or parties in such action a reasonable sum as attorneys' fees and court costs. D. The provisions of this Agreement shall be deemed covenants running with the land and shall inure to the benefit 'of the parties, their respective heirs, successors and assigns. E. This Agreement and the easements, rights, obligations and liabilities created hereby shall continue to the extent permitted by law for a period of thirty (30) years from the date herein 5 . . PINELLRS COUNTY rLR. Orr.REC,8K 11831 PG 873 unless otherwise modified or cancelled by the parties hereto, in writing, and shall after such date be automatically and continuously renewed for periods of ten (10) years thereafter until the termination of this Agreement evidenced in writing by the owners of said parcels. F. Every covenant, promise, undertaking, condition, easement or right made, granted or assumed by any party to this Agreement shall constitute an equitable servitude on the parcel owned by such party and an appurtenance to and for the benefit of the other parcel [as used herein, the "servient estate"]. Any transferee of any parcel shall automatically be deemed to have assumed all obligations hereunder. G. If any provision of this Agreement or portion thereof, or the application thereof to any person or circumstance, 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 person or circumstance, shall not be affected thereby. H. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. In the presence of: MORTON PLANT MEASE LIFE SERVICES, INC., a Florida corporation l(J:R. tJ~ ~k., ~ ' By: 0 C-- ~ DENTON W. CROCKETT, P~nt As to "Life Services" 6 . . STATE OF FLORIDA COUNTY OF PINELLAS ~INtLLA5 COUNTY rLA. Orr.RtC.BK lle~l ~o e74 I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, DENTON W. CROCKETT, as President of MORTON PLANT LIFE SERVICES, Inc., a Florida corporation, to me personally known to be the individual described in and who executed the foregoing instrument or who has produced "OJ'(,..<JV! ~H'f k...1"1u01n........ as identification and who did take an oath nd she a knowledged before me that (s)he executed the same for the purposes therein expressed. ~'~~~fU"", Mary Lou McMillan {'f~" ~ MY COMMISSION # CC967637 EXPIRES ~"l! = September 13; 2004 -"'~ '!iI. 8OtlllEO lHRU TROY FAIN INSUIlAHCf.lNC. I,,,,, H:\Data\Aty\ECM\MORPLANT\BAYVIEW\CrossAcc.Ease.wpd 7 . . PINELLRS COUNTY rLR Orr.REC,8K 118~1 PQ 875 THIS IS NOT A SURVEY 01 ~ -0 ci w 3: o ~ -.l <( '-' W -.l ./'~ g 1"=100' ;;- .JQlil:l.Q.. 1170-001-000 o o ./' o I' .- ./' >- Q) > I- :l (f) ./' a E/W CENTERLINE OF SECTION 17 w > i2 o 3: w ~ ~ (f) N 89" 46'01 "E 1206.41 . NORTH LINE OF LOT 2 P.O.C" P.O.B" NORTHWEST CORNER OF BLOCK 2 OF BASKIN'S REPLA T N 89"46'01"E 200.00' ---,---- Roo 0;0 ;ornn rnO:tl 000 o^~ ^~ -rn ::~g o r - -0 fTl -0)>< )>C))> C)fTl:tl fTl_o ~" _to 01'" Scale in Feet SCALE: 1" = 1 00' (f) ,!J..l i-1. ON . 0 i" . 1')0 010 A...... o 50 100 ~O (J1q 00.1 . -..J o " 1'.)0 "0.1 ~ BAY HEIGHTS O.R. BOOK 4128, PAGE 1796 z N 89"46'01"E 139.84' N 89"46'01"E 60.01' TOWER SITE Ul 1'.)0 Olq 00.1 . -..J o " 00 "0.1 ~ WIWAM BROWN'S SUBDIVISION OF BAYVlEW FLORIDA PLAT BOOK H-l, PAGE 1.3 A RESUB OF BASKIN'S REPLA T PLAT BOOK 24, PAGE 42 S 89"46'01"W 191 .2" SURVEYOR'S NOTES: 1. No instruments of record reflecting easements, right-of-way, and or ownership were furnished to or pursued by the undersigned. 2. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for informational purposes only and is not valid. 3. This is a sketch and legal description only, not a field survey. 4. Bearings shown hereon are based on East/West centerline of Section 17, Township 29 South, Range 16 East with a bearing of N89" 41 '09"E per deed. FOR LEGAL DESCRIPTION AND LEGEND SEE SHEET 2 SKETCH AND DESCRIPTlON: - EXHIBIT A TOWER SITE l2AIE 1/17/02 l2B.Ami mah ~ 17 ~ ~ I hereby cerlify that this legal description and sketch meets the minImum technical standards os set forlh by the Florida Boord of p~o; essional Surveyors and Mappers in Chapter GIGI7 -6 Flc;rida Administrative Code, pursuant to Sedion 472.027, Florida Statutes Sketch and Legal Descriptioo' not valid without the signature and the original raised seal of 0 Florida licensed S!lrv ,. and M-'Jpper. TIFIED AS }/.~KL- AND LEGAL DESCRIPTION RICHARD UW'iREI-ICE PROFESSIONAL SURVEYOR AND M,\PPER STATE OF rLORIDA # 3250 CERTIFICA TE OF AUTHORIZATION No. LB 2610 TOWNSHIP 29 SOUTH ~ 16 EAST King 4921 IAEIIORlAL HIGHWAY PHONE B1J" B80 " Bll81 ONE UElAORW. CENTER. suO[ JOO fAX B1J" 880 " Bll82 TAMPA. noRn\ 33634 E-UAIL klngOklng8n9i,..;ng.com ...... . n~...--. Sh pet of 2 . . THIS IS NOT A SURVEY LEGEND: L1 P.B. ~ PGS. ~ PoO.B. ~ PoO.C. o f- ./' ....J <i <.:J w ....J ./' o o o ./' o o ./' o 1"0.. ./' >- Q) > '- ::J (f) ./' a PIN~LLAS COUNTY ~LA. O~~.R~C,8K 11831 PG 875 LEGAL DESCRIPTION: A tract of land lying within Section 17, Township 29 South, Range 16 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Block 2 of "A Resub of Baskin's Replat", as recorded in Plat Book 24, Page 42, of the Public Records of Pinellas County, Florida; thence N 89"46'01" E along the North line of said BLOCK 2, 1206.41 feet for a POINT OF BEGINNING; thence continue, N 89"46'01" E a distance of 200.00 feet; thence leaving said line, S 00"37'03" W a distance of 150.02 feet; thence N 89"46'01" E a distance of 60.01 feet; thence S 00"37'03" W a distance of 260.00 feet; thence S 89"46'01" W a distance of 191.21 feet; thence N 38"27'39" W a distance of 330.94 feet; thence N 89"46'01" E a distance of 139.84 feet; thence N 00"37'03" E a distance of 150.02 to the POINT OF BEGINNING. Containing 2.452 acres more or less. Denotes Line Table Number Denotes Plat Book Denotes Pages Denotes Point of Beginning Denotes Point of Commencement SKETCH AND DESCRIPTION - EXHIBIT A TOWER SITE KAigg 4921 UEMQRIAL HIGHWAY PHONE 813. 880 . 8881 ONE loIEIIllR1Al CEHl[llo SUITE JOO FAX 813. 880.8882 T~PA. FlORIDA. 3.J6J4 (-MAlL k1nqOkingengineering.com --.............0 '-"""'("'1.0 ....... ,.\ ,....-,.,...., . THIS IS NOT A SURVEY P.O,C, NORTHWEST CORNER OF BLOCK 2 OF BASKIN'S REPLAT ~ 5 OW~ ;:: ClO<Xl::l W<O_...J ~&lD"'~ ~ -0: ~ ~ <Xl . <( ~~oa.>- lD....Id olD ~~<C;:~ ::I:8~::o:: >-lD~ ~ '0 Vl <C CENTERLINE OF SECTION 17 NORTH LINE OF LOT 2 N 89'4601 E 1206.41 N 89'46'01"E 771.29' ~~ ::; o::z ~Q ~0 CJ~ Vlu. ~o A RESUB OF BASKIN'S REPLAT PLAT BOOK 24, PAGE 42 LINE L1 L2 L3 L4 L5 L6 L7 LB L9 L10 L11 L12 L13" L14 L15 L16 L17 L18 L19 L20 L21 .L22 L23 L24 L25 BF"ARING S OCT37'03"W N 89'46'01"E S 52'28'54"W N 50'58'50"E N 34'14'53"W N 13'41'04"E N 50'45'48"E N 61'21'53"E N 39'11' 48'E N 42'12'55"W N 31'09'17"W N 2T02'41"W S 42'07'22"W S 82'16'09"W N 27'46'45"W S 65'46'35"W N 2S27'38"W S 62'09'34"W N 39'01'06"W N 00'13'59"W N 89'46'01"E S 41'34'50"E N 48'24'08"E S 38'27'39"E N 89' 46'01"E DISTANCE 150.02' 60.01' 215.00' 52.16' 40.00' 21.51' 154.86' 4.55' 22.26' 67.34' 141.97' 181.44' 113.46' 112.08' 13.51' 25.55' 34.80' 88.09' 260.77' 282.35' 135.20' 34.65' 99.89' 330.94' 191.21' . W,.... z~ ::; o::z Wo ~~ wCJ CJW Vl Vlu. ~o 1- ,J: ~\9. \S'l1..o? . '<:9 0 ?CS'.. ~ TRIZEC WESTERN INC. O.R. BOOK 4994, PAGE 848 (CLEARWATER MALL) SURVF:VOR'S NOlES: 1, No instruments of record reflecting easements, right-of-way, and or ownership were fumished to or pursued by the undersigned. 2. Unless it bears the signature and the original raised seal of a Florida licensed surveyor and mapper this drawing, sketch, plat or map is for informational purposes only and is not valid. 3. This is a sketch and legal description only, not a field survey. 4. Bearings shown hereon are based on East/West centerline of Sectian 17, Township 29 South, Range 16 East with a bearing of N89'41'09"E per deed. Ol 3: -0 N ~ -l OJ Q.. ~ <( C) W -l ./~ g 1"=400' ~~ ;; 1170-001-000 o ./ o r-- MIE . PIN~LLAS COUNTY rLA Orr .R~C.8K 118~1 PG 877 CROSS BOULEVARD O.R. BOOK 4128, PAGE 1796 & O.R. BOOK 1110. PAGE 418 o 200 400 Scale in Feet cSCALE: 1"=400' (J) tOO (J)q ....,JVoI .....,J to _ Vol 0 -Vol ~ .c, ~~ ~ ...:" o ~~<;i~ <QQ!- ,:>.0 0 f? ~ ~'V XV q ,'!(>',.,,<;i-:Y. ,. -i:'V'c,"::'~'v~ ~o*- OX <Qo ,f q TAMPA BAY LEGEND L 1 = LINE TABLE O.R.=OFFICIAL RECORD PG= PAGE FOR LEGAL DESCRIPTION SEE SHEET 2 SKETCH AND LEGAL - EXHIBIT B PORllON OF BLOCK 2, BASKIN'S A REPLA T ~ MAH ~ 17 ~ ~ TOWNSHIP 29 SOUTH ~ 16 EAST KAigg 4921 IlElolORIAL HIGHWAY PHONE 813' 880 ' 8881 ONE lotEllClRlAl CENTER. SUITE 300 FAX 813 ' 880 ' 8882 TAMPA. FLORIDA JJ6J4 [-MAIL kin90kln~"9i.....nng.com ./ ^ Q) > I- ::l (f) --:. a I hereby cerllfy that this legal description and sketch meets the minImum technical standards os set forth by the Florida Baard of Professional Surveyors and Mappers in Chapter GIGI7 -6 Florida Administrative Code, pursuont to Seclic.n 472.027, Florida Statutes Sketch and Legal Der.criplion nto! valid without the signature and the criginal ~oisild seal of 0 Florida licensed SL!;[jfJ,ond Mapper. rJ~~::POJt~~~SCRIPTION RICHARD 11. U\WRENCE PROFESSIONAL SURVE'.'OR AND MAPPER ST A TE OF FLORIDA # 3250 CERTIFICA TE OF AUTHORIZATION No. LB 2610 Sheet of 2 . . PIN~LLAS COUNTY rLA. Orr R~C 8K 11831 PO 878 - THIS IS NOT A SURVEY LE GAL DE SCRIPTION: A tract of land lying within Section 17, Township 29 South, Range 1 6 East, Pinellas County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Block 2 of "A Resub of Baskin's Replat", as recorded in Plat Book 24, Page 42, of the Public Records of Pinellas County, Florida; thence N 89"46'01" E along the North line of said Lot 2, 1206.41 feet: thence continue, N 89"46'01" E a distance of 200.00 feet; thence leaving said line, S 00"37'03" W a distance of 150.02 feet; thence N 89"46'01" E a distance of 60.01 feet; thence S 00"37'03" W a distance of 260.00 feet for a POINT OF BE GINNING; thence continue, S 00"37'03" W a distance of 967.93 feet; thence S 69"21'23" W a distance of 314.28 feet; thence S 52"28'54" W a distance of 215.00 feet; thence N 39"01'06" W a distance of 654.81 feet; thence N 50"58'50" E a distance of 52.16 feet; thence N 34"14'53" W a distance of 40.00 feet; thence N 13"41'04" E a distance of 21.51 feet; thence N 50"45'48" E a distance of 154.86 feet; thence N 61"21 '53" E a distance of 4.55 feet; thence N 39"11'48" E a distance of 22.26 feet; thence N 42"12'55" W a distance of 67.34 feet; thence N 31"09'17" W a distance of 141.97 feet; thence N 27"02' 41" W a distance of 181.44 feet; thence S 42"07'22" W a distance of 113.46 feet; thence S 82"16'09" W a distance of 112.08 feet; thence N 27"46'45" W a distance of 13.51 feet; thence S 65"46'35" W a distance of 25.55 feet; thence N 23"27'38" W a distance of 34.80 feet; thence S 62"09'34" W a distance of 88.09 feet; thence N 39"01 '06" W a distance of 260.77 feet; thence N 00"13'59" W a distance of 282.35 feet; thence N 89"46'01" E a distance of 135.20 feet; thence S 41"34'50" E a distance of 34.65 feet; thence N 48"24'08" E a distance of 99.89 feet; thence N 89"46'01" E a distance of 771.29 feet; thence S 38"27'39" E a distance of 330.94 feet; thence N 89"46'01" E a distance of 191.21 feet to the POINT OF BEGINNING. Containing 28.662 acres, more or less. 0> :;: -0 N ~ -l CD 0... .:; <( () W -l ./ o o o ./ o o ./ o r-- .- .- ./ ;>, Q) i:: ::J (f) -:: a SKETCH AND LEGAL -EXHIBIT B PORTION OF BLOCK 2. BASKIN'S REPLAT KAiRg 4921 llDlORIAL HIGHWAY PHONE 813 " 880 . 8881 ONE IAEIAORIAL CENTER. SUI1E 300 FAX 813" 880 . 8882 TAMPA,. Fl.DR1OA 33534 E-MAIL IdngOklngenglneerlng..com Sheet 2 of 2 ""f"'f"It""I ...,.ti~nrn 000000000.00' ..000000..000 ..000.00...00 ..00...0...00 ..0.......... ............. ............. BESSOW . LETTER OF TRANSMITTAL DATE: 2/25/2002 1 JOB # I OI-OIAOI ATTN: Wayne Wells RE: Bayview Gardens I I I Courier ,,'" DESIGN GROUP, INC. ............. ARCHITECTURE. PLANNING License # AA-C002117 TO: iCity of Clearwater Planning Dept 100 S Myrtle Avenue tlearwater, FL 33756 1127 -562-4567 f'-g 2 5 'u . ,-' . Lt,)iJl. D Shop drawings D Copy of letter D Attached D Prints D Under separate cover via the following items: WE ARE SENDING YOU D Plans D Samples D Specifications D Change order D SETS DWG DATE # SHTS. DESCRIPTION 5 02/25/02 1 Plan Sheet A-I Signed & Sealed THESE ARE TRANSMITTED as checked below: D For approval D Approved as submitted D Resubmit copies for approval D For your use D Approved as noted D Submit copies for distribution D As requested D Returned for corrections D Return corrected prints D For review and comment D D FOR BIDS DUE 19 D PRINTS RETURNED AFTER LOAN TO US REMARKS: COpy TO: James Orr, John Powell, KJB SIGNED Bob Orecchio THE INFORMATION PROVIDED VIA THIS TRANSMITTAL IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR ONLY THE ADDRESSEE(S) LISTED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AGENT RESPONSIBLE FOR ITS DELIVERY, PLEASE DO NOT USE THIS TRANSMITTAL IN ANY WAY, BUT NOTIFY THE SENDER BY TELEPHONE. .............................................. M:\200I \OI-OIAOI Bayview Gardens SNF\06. ConsuItants\Trans Wells City ofCLWTR pIn 022502.doc . 556 Central Avenue . St. Petersburg, Florida 33701 . Phone: (727) 894-4453 . Fax: (727) 896-8662 . E-mail: arch@bdg-inc.net .~~ 8407 Laure. I Fair Cr. ~"""'Il Suile#400 ~ Tampa. FL t!610 . : (813)246-5711 . (800) 875 0992 RelEASE COURIER'S LIABILITY IS lIMITEO TO THE SUM OF $100.00. THIS AGREEMENT MUST BE EXECUTED BY BOTH THE SENDING AND RECEIVING PARTY. SEE DETAILS ON REVERSE SIDE IF YOU CANNOT RE~D A CUSTDMER'S SIGNATURE. ASK FOR THE NAME AND PRINT IT CLEARLY BELOW THE SIGNATURE. SPACES MUST BE FILLED IN. DATE . (813) 246-5711 · (800) 875-0992 JOB NO. ~ -;tS-- Q~ ORIGIN q'4,+.~~ &6-SS0LC) Dt;-SI G-r0 SIGNATURE DESTINATION 0\- 0 I AO 0F (:.LC)4,(wA 1'6<. P/U TIME ~:l. ORNER (ol\ DEL. TIME "I' ..,~ .. ,:) DRIVER \.o'i ;. Subject to. eonditions on reverse side ': -~.)/:'~'~:~'2~~;\~i~ l' ~='_=AS'= A\',":: '_''\j''TAT'O\' 0"\' '_'A'3" 'TY --_.- - ,,,,---'---'-'^'.~ _.- - ~ ._...- --.- ----.-- -.-.,-- ---- ....-..::..--...- Courier's iilbility herE'Llld'3i' shaH be :imitecl to ~;1 DO.OO per each shipment. The shipping party and receiving party hereunder, jointly and severally, relec;se and discharge Reliable Courier Service, Inc, of and from all claims for dcll11ages, losses and liabilities, of anv nature which' exceed $100.00 and which may arise in connection with the courier services provided. Said release shall include lost or damaged goods and materials, including business losses and consequential and special damages which may be incurred by any party, regardless of whether Reliable CCHJrler Service, Inc., had knowledge regarding such potential damages. All claims regarding loss or da.mage of any kind must be submitted, in writing, to Reliable Courier Service, Inc., within five (5) days from the date of delivery hereunder. Should any claim in an amount in excess of $100.00 be asserted against Reliable Courier Service, Inc., by a third party, for loss or damage to merchandise handled hereunder, then shipper agrees to indemnify and hold harmless Reliable Courier Service, Inc., from all such claims, irrespective of the cause of such loss or damage, including the negligence of Reliable. Both the shipping and receiving party shali be bound by the terms hereof, and this document constitutes a contract between Reliable and the shipping and receiving party. The terms hereof are a condition of Reliable's performing courier services ~ereunder . i RELiABLE COURIER SERVICE, INC. (813) 246-5711 · (800) 875-0992c . . CITY OF CLEARWATER LONG RANGE PlANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 February 21,2002 Mr. James G. Orr Director Business Development Morton Plant Mease Health Care, Bayview Gardens 2855 Gulf to Bay Blvd. Clearwater, FL 33759 Re: FL 01-10-33, Bayview Gardens, 2855 Gulf to Bay Blvd. Dear Mr. Orr: Your request for a 30 day extension for installation of new plantings is granted. The new deadline is April 1, 2002. Should you have any questions, feel free to contact me at 727-562-4504. Sincerely, W~N- lv\. \)~ Wayne M. Wells, AICP Senior Planner Cc: John E. Powell, King Engineering Associates, Inc. S:\Planning DepartmentlC D BlFlexllnnactive or Finished ApplicationslGulfto Bay 2855 Morton Plant Mease Life Services - ApprovedlGulfto Bay 2855 Time extension. doc BRL'\N J. AUNGST, ~IL\YOR-CO"1:\lISSIONER ED HART, VICE lviAYOR-COMMISSIONER WHITNEY GRAY, CmIMISSIOC:ER HOYT H^,\lILTON, COMMISSIONER \\8~ BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . ~ Morton Plant Mease HEALTH CARE BAYVIEW GARDENS Assisted Living Facility License #7002 2855 Gulf to Bay Blvd., Clearwater, PL 33759 727-797-7400 Pax: 727-726-7357 February 13, 2002 Mr. Wayne M. Wells, AICP City Of Clearwater Planning Department P.O. Box 4748 Clearwater, Fl. 33758 FEB 1 3 2002 Dear Mr. Wells: In connection with the proposed Landscape Plan for Bayview Gardens, please consider our request for a thirty-day extension for installation of new plantings. We recently experienced a water line break that will require fill and asphalt replacement of the east portion of our main parking lot. This area is adjacent to some of the new planting area. In addition, our landscape architect needs time to add the additional requirements indicated in your February 1 letter. Thank you for your consideration in this matter. Sincerely, &-~ ~ rfJAA- James G. Orr Director Business Development CC: John E. Powell . CITY OF . CLEARWATER LONG RANGE PlANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYREE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 February 1,2002 Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Tampa, FL 33634 RE: Landscape Plan 2855 Gulf to Bay Boulevard Dear Mr. Powell: The Planning Department has reviewed the proposed Landscape Plan dated December 19, 2001, and, while it is sufficient to meet the replant requirements, the following changes are requested: 1. Provide a continuous hedge in front of the existing wall. 2. Provide a tiered planting bed along the front. 3. State what plantings are in the existing beds. Please submit five (5) copies of the revised Landscape Plan to this office for review and approval. Should you have any questions, feel free to contact me at 562-4504, or if you have specific planting questions, contact Mark Parry at 562-4558. Sincerely, ~J~ M. \J~ Wayne M. Wells, AICP Senior Planner S:\Planning Department\C 0 B\Flex\Innactive or Finished Applications\Gulf to Bay 2855 Morton Plant Mease Life Services _ Approved\Gulf to Bay 2855 Landscape letter.doc BRIAN]. AUNGST, M;\YOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHIT!':EY GRAY, CmIMISSIOi\ER HoYT HAMILTON, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AJ'ID AFFIRMATIVE ACTION EMPLOYER" '" 1 . CITY OF . CLEARWATER LONG RANGE PLANNING DEVELOPMENT REvIEW HOUSING DMSION NEIGHBORHOOD SERVICES PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 January 25, 2002 Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Tampa, FL 33634 RE: Development Order - Case FL 01-10-33 - 2855 Gulf to Bay Boulevard (Morton Plant Mease Life Services - Bayview Gardens) Dear Mr. Powell: This letter constitutes a Development Order pursuant to Section 4-206D.6 of the Community Development Code. On December 14,2001, the Community Development Board reviewed your application to terminate the status of a nonconforming use (assisted living facility) within the Commercial District, under the provisions of Section 6-109C and a Comprehensive Landscape Program. The proposal includes an existing 94 bed (32 unit) assisted living facility to remain within a 68,892 square foot building. Based on the application and the staff recommendation, the Community Development Board (CDB) APPROVED the application on December 14, 2001 with the following bases and conditions: Bases for approval: 1. The proposal complies with the Flexible Development criteria to terminate the status of nonconforming use under the provisions of Section 6-109C. 2. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202G. 3. The proposal is in compliance with other standards in the Code, including the General Applicability Criteria under the provisions of Section 3-913 and that all signage complies with Code. 4. The development is compatible with the surrounding area. BRIAN]. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY GR~Y, CO~IMISSIONER HoYT HA,\HLTON, COMMISSIONER @ BILL]ONSON, COMWSSIONER "EQUAL EMPLOYMENT AND AFFIRMA1TVE ACTION EMPLOYER" ~ . . t January 25,2002 Powell - Page 2 ~ Conditions of approval: ~ vJ J1. That a cross access easement be recorded to provide continued access with the '2.-1 \~o" properties to the south and southwest, within 30 days (January 14,2002); ~t. yJJ J 2. That a revised landscape plan be submitted to staff within three weeks (January 4, ~I"'''\o''' 2002), including trees and planting beds/hedging on the north side of the masonry wall and additional shade trees on the south side of the main parking lot; and d.r-"; S~ /3. That all dead or dying plant material be replaced and all new plantings be installed \cJ'~ ~ by March 1, 2002. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (December 14, 2002). 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. Please be aware that 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. In addition, please be aware that an appeal of a Level Two approval (Flexible Development) may be initiated by a property owner abutting the property which is the subject of the approval within 14 days of the date of the CDB decision. 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 expired on December 28, 2001, with no appeals being filed. If you have any questions, please do not hesitate to call Wayne M. Wells, Senior Planner at 727-562-4504. Very truly yours, . tlj1Utt~~. fiv Gerald Figurski, Chairman Community Development Board Cc: Morton Plant Mease Life Services, Inc. S:\Planning Department\C D B\Flex\Pending cases\Up for the next DRC\Gulfto Bay 2855 Morton Plant Mease Life Services\Gu({ to Bay 2855 DEVELOPMENT ORDER. doc ooooooooo.oooe ..000000..000 ..000.00...00 ..00...0...00 ..0.......... ............. ............. BESSOLO ~rn:~~ @w '~~oo@m~m" ~~ DATE: 12/21/01 I JOB # I OI-OIAOI ATTN: WAYNE WELLS RE: BA YVIEW GARDENS I CLEARWATER, FLORIDA I I COURIER (727) 562-4567 , DESIGN GROUP, INC. ............. ARCHITECTURE. PLANNING License # AA-C002117 TO: 2ITY OF CLEARWATER, PLANNING DEPT. 100 S. MYRTLE AVENUE I...-LEARWATER, FLORIDA 33756 WE ARE SENDING YOU o Attached o Under separate cover via the following items: o Specifications o Shop drawings o Copy of letter o Prints x Plans o Samples o Change order o SETS DWGDATE # SHTS. DESCRIPTION 5 12/21/01 I REVISED LANDSCAPE PLAN A-I.I THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o Resubmit copies for approval x For your use o Approved as noted o Submit copies for distribution o As requested o Returned for corrections o Return corrected prints o For review and comment 0 o FOR BIDS DUE 19 o PRINTS RETURNED AFTER LOAN TO US COPY TO: REMARKS: SIGNED BOB ORECCHIO THE INFORMATION PROVIDED VIA THIS TRANSMITTAL IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED FOR ONLY THE ADDRESSEE(S) LISTED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT OR AGENT RESPONSIBLE FOR ITS DELIVERY, PLEASE DO NOT USE THIS TRANSMITTAL IN ANY WAY, BUT NOTIFY THE SENDER BY TELEPHONE. .............................................. M:\2001\OI-OIAOl Bayview Gardens SNF\02. Legal\Transmittals\Trans W WELLS 1221Ol.doc . 556 Central Avenue . St. Petersburg, Florida 33701 . Phone: (727) 894-4453 . Fax: (727) 896-8662 . E-mail: arch@bdg-inc.net "'l . . CITY OF CLEARWATER CLEARWATER Memo To: WAYNE WELLS From: A. SCOTT KURLEMAN cc: [Click here and type name] Date: 12/17/2001 Re: BA YVIEW GARDENS THE FOLLWING NOTES WERE MADE DURING A FIELD INSPECTION AT THE SUBJECT SITE: . Entire west buffer overgrown with Brazilian Peppers. Remove and replace with appropriate hedge material. . 26 Liriope muscari missing . 3 Sweetgum trees missing . 67 Sweet Vibumum shrubs dead/declining . 1 Red Maple missing . 40 Selloum missing -_. -~" .._-"._.~-- ----_..- - .--,"-- - --- - --_._-_._~--~_. ------~_._---"._-- ., . . ...-7;- 'P^IS SSOJ~ , '" - : ) , "\ ~ .. '\~. J f ) :tll. ) <( - " - ; : . . .' . J .' . .. " , . ,. .~. <~. 1" ~ .' F-- " ;:. ~ . ,~. Ut \1.." ~ u.l ~ I- :I. I. .. . u ~ ;.:,J .. ! J .. :), . 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L -A-.-: V \ '\ \ ~ '; '1'<"- \"ilT \.. . <- -_ M'<:.v- -'1 ~h'l ~ ~k\f(l.d \rJf'-\\- c.-\~l~ , .......C~ \2.. l-J.~ --k-~\ CY-- u.4\- J'( k ~ Cr-c~i T3 \vJ- S ~ d.~~t ~ Cv rb - )~cllL C-~~e- S~"U-> ~QrJ \M\~ ~~~) f'I - 4~~V-C(Otl- 'lL) ~~\.~ t ~\\\~~~, (\~ rest~V~-t- W - ~o--~-t f MF S - t\f (]) Vfjnc ~e-l reflf'rc~ --II IfoA~1 U-fi;j ~ ~L~h"'-l +0 D.-LC'<LNOr; 1)~ /f'o:-k\"j ? K- , ""'"'' " !c!!g Civil Engineering Transportation Planning & Engineering Environmental Engineering Land Planning Ecological Services Surveying & Mapping Construction Management GIS Mapping 4921 Memorial Highway One Memorial Center Suite 300 Tampa, Florida 33634 Phone 813 . 880 . 8881 Fax 813 . 880 . 8882 www.kingengineering.com . . November 13,2001 ..... '-...., '......., Mr. Mark Parry City of Clearwater Planning and Development Services 100 S. Myrtle Avenue Clearwater, Florida 33756-5520 , I I I / I Re: Bayview Gardens Tower Parcel Dear Mark: As requested in the DRC meeting on November 8, 2001, please find the following submitted for the referenced project: . Fifteen (15) copies of the Flexible Development Application . Fifteen (15) copies of the Comprehensive Landscape Application . Fifteen (15) copies of the site plan . Fifteen (15) copies ofthe boundary survey . Fifteen (15) copies of the landscape plan . Fifteen (15) copies of sign photos . Fifteen (15) copies ofthe narrative . Fifteen (15) copies of 8 'li" x 11" colored site plans . Fifteen (15) copies of 8 'li" x 11" colored landscape plans The attached site plans have been amended to remove the proposed striping and additional parking space since the amount of existing onsite parking exceeds the parking requirements for MDR zoning. The narrative has been revised accordingly. In response to the DRC comment concerning conformance of handicap parking to current City standards, Morton Plant Mease Health Care has scheduled work to have the handicap parking striping and signage conform to current City regulations and is expected to be completed by December 11, 2001. It is understood that receipt of the submittal by November 13,2001 will allow the project to be heard at the December 11, 2001 Community Development Board. O:\ADMIN\200 1 IPROJECTSI 1170-00 1.00211ettersIParry02.jep.doc K- ENGINEERING!!!g . . Mr. Mark Parry November 13,2001 Page 2 Should you have any questions concerning this submittal please do not hesitate to call. Sincerely, f,~ ohn E. Powell, P .E. enior Project Manager Attachments cc: Jim Orr, Morton Plant Health Ventures, Inc. Mark Marquardt, Mcfarlane Ausley Ferguson & McMullen Kevin Bessolo, Bessolo Design Group, Inc. Michael E. Ross, King David B. Fleeman, King Jay B. 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S- 0..1n.. +>.I'\IoN.. o . /0.... lL .. ~ S. <I: ~ C = o CD -,.. +> ~ 0." S. .....~~ ~ s-S.C CI) O<l:~~ 0) SQ.&. I)~~O~ OIJlIJlCII. ......II. CDCDU= ----- 't"'l(\J(,,)"'lI'l() ~ .E io.. t~ (") , "'J ' f i. , Jt;f, !11) !iIh i ~,j. ,< i~ I~ J_ iA# ;0 - V'I a> JJ. c - . ~ - "- - - . . c = o u WI 1 C iO 0: '* J .18........'..... . ..on .4 II II \1} ~ ,.-.",,,...-.,-.,,* .~~w,., I King Civil Engineering Transportation Planning & Engineering Environmental Engineering Land Planning Ecological Services Surveying & Mapping Construction Management GIS Mapping . . November 162001 Mr. Wayne Wells City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756-5520 Re: Bayview Gardens Tower Parcel Dear Wayne; As requested in our telephone conversation on November 14,2001, please find attached fifteen (15) copies of the revised narrative for the above referenced project. The last paragraph of the narrative has been revised to reflect the "rounding" of the number of dwelling units and beds, and to remove the last two sentences. Should you have any questions, please do not hesitate to call. Sincerely, '1?~ 4921 Memorial Highway One Memorial Center Suite 300 Tampa, Florida 33634 Phone 813 . 880 . 8881 Fax 813 . 880 . 8882 www.kingengineering.com John E. Powell, P.E. Senior Project Manager JEPlbje Attachments cc: Jim Off, Morton Plant Health Ventures, Inc. Mark Marquardt, Mcfarlane Ausley Ferguson McMullen Kevin Bessolo, Bessolo Design Group Michael E. Ross, King David B. Fleeman, King Jay B. Orfield, King File 1170-001-002 O:\ADMIN\200 I IPROJECTSII170-00 I.00211ettersl Well sO l.jep.doc . . BAYVIEW GARDENS TOWER PARCEL TERMINATION OF STATUS AS A NON-CONFORMITY NARRATIVE The existing sign on Gulf-to-Bay Boulevard meets the dimensional criteria per section 3- 1806(B) (1) (c). Photographs of the existing sign are provided with this submittal to show that the design, character, location and materials of the sign are appropriate for the development. Section 3-1804(A) requires that all signs have a 5-foot setback from the property line. The setback from Gulf-to-Bay Boulevard for the existing sign is 4.84 feet. The nonconforming setback is a pre-existing condition and is not created by the proposed subdivision of the Bayview Gardens property. It is therefore requested that the sign be considered in substantial conformance to the development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this section. This application requests that the comprehensive landscaping and comprehensive SIgn programs be used to satisfy the requirements of this section. In addition to the above criteria, parking calculations are provided to assure that the referenced project has sufficient parking to meet the needs of the site. MDR zoning allows for assisted living facilities. Parking required for an assisted living facility within MDR zoning is one (1) per two (2) residents. At 94 residents, 47 parking spaces are required. There are currently 54 parking spaces available within the parcel. The tower parcel is zoned commercial which allows for a density of 24 units per acre. The parcel size is 2.45 acres which allows for 59 dwelling units. At three (3) beds per dwelling unit for an assisted living facility, 176 beds are allowed. The tower ALF has 94 beds which are equivalent to 31 units (94/3 equals 31). This leaves an excess of 31 units. This submittal requests that the development rights for the 31 units be transferred to the remaining Bayview Gardens property. ~<u o () V ";:...Q' ~~ ~~ ~ ~ y~ FILE rr'/1T n~-TI?TI , II] L-.:.;.;;c.......:....'::c'....L' ~ i '" ,/ OJ -. II 1)"1 .; IU! NOV 1 3 2001 L ,t..'..,-,..,'".'~'_~F '. PlNldlV"i.i1 OEVi3 c' en /OF CLEPP -2- O:IADMIN\200] IPROJECTSI] ] 70-00] ,002\MiscINarrative2.jep,doc e e KInd ENGINEERING ASSOCIATES, INC.e October 25,2001 Civil Engineering Transportation Planning & Engineering Environmental Engineering Land Planning Ecological Services Surveying & Mapping Construction Management GIS Mapping Mr. Mark Parry City of Clearwater Planning & Development Services 100 South Myrtle Avenue Clearwater, Florida 33756-5520 Re: Bayview Gardens Tower Parcel Dear Mark: Please find attached the following submitted as a Termination of Status of a Non- Confirmity for the above referenced project: · Flexible Development Application (one original plus 12 copies) · Comprehensive Landscape Application (one original plus one copy) · $1,205.00 site plan review fee · 12 copies of site plan · 13 copies of boundary survey · 12 copies of landscape plan · 12 copies of sign photos . Narrative It is understood that receipt of this package by 12:00 noon by October 25, 2001 will allow the submittal to be reviewed by the Community Board at the December 11, 2001 hearing. Should you have any questions concerning the attached, please do not hesitate to call. incerelY;?, ~ ohn E. Powell, P.E. Senior Project Manager [D) ~ @ ~ 0 \'IJ ~ ~:! l\lli OCT 2 6 7001 \l~~;\ I By JEP/bje/djb Attachments 4921 Memorial Highway One Memorial Center Suite 300 Tampa, Florida 33634 cc: James G. Orr, Morton Plant Health Ventures, Inc. (w/attachments) Mark Marquardt, Macfarlane Ausley Ferguson & McMullen (w/attachments) Kevin Bessolo, Be~solo Design Group, Inc. (w/attachments) Michael E. Ross, Kirig David B. Fleeman, King File 1170-001-002 Phone 813 . 880 . 8881 Fax 813 . 880 . 8882 www.kingengineering.com O:\ADMIN\200 1 IPROJECTSI 1170-001.00211ettersIPanyO l.jep.doc MCFARLANE FERGUSON .7 442 8470 25 1011I1'01 NO 274 02/02 10/ .'. OCT 25 '01 11: 03r:lM MACFARLANE FERGUSON & McMULLEN ATTQRNEYS ANOCOUNSEL.ORS AT I.Aw 11'I00 IoIICiHPOINT CEN'T'q:~ roe !:AST COL.L.E(jIF;: 1\"~NUIi: T"'I.L.AHI\SSIl:JI:. F"L.Q""lM ~C301 le~gl elill.738, /fAX C8S01 ."'.ozer "00 NOl""H 'l'I\MP" 3T!l41tT. SUITE ~300 P.O, eox 11531lZ1P 3='0011 T^MP,,- F'I.QR'DA 33eo=.: re131273-4200 F"AlC '"131lt'_::lI;l,, Slit::> eOlJl'rr lSTfll!:e:T r.>.0. BOX le.,s !ZIP a:J7=71 ,!;a.!^"IW^TE:R. I"I.ORlCA 337." (~71"'I-(lseo FAX C71714q-IJ~"O 'N "'I!:F'L. Y FlEF"IJ:R TO October 25, 2001 Clearwater Office CERTIFICATE OF OWNERSHIP City of Clearwater Planning and Development Services 100 So. Myrtle Avenue Clearwater, FL 33756 Attn; Mark Perry Dear Mr. Perry: The undersigned is an attorney licensed to practice in the State of Florida since 1965. The property described in Exhibit A attached hereto is owned by Morton Plant Mease Life Serv~ces, Inc., which owns the property f~ee and clear of any mortgage. Sincerely, i'~",,;;._......_,,:..,,-: ECM\bcf Ene. NOV 1 3 2001 PLf~M&lll\Jr. '.9. D'-if!::"...'" "'\""u,~ 1:1IcL '"'l~,CLEAb ----..:.:...,-_." FILE '~. ...~ ~ e e MACFARLANE FERGUSON & McMuLLEN ATTORNEYS AND COUNSELORS AT LAW 900 HIGHPOINT CENTER 106 EAST COLLEGE AVENUE TALLAHASSEE. FLORIDA 32301 (850) 681-7381 FAX (850) 681-0281 400 NORTH TAMPA STREET. SUITE 2300 P. O. BOX 1531 (ZIP 33601> TAMPA, FLORIDA 33602 (813) 273-4200 FAX (813) 273-4396 625 COURT STREET P. O. BOX 1669 (ZIP 33757) CLEARWATER. FLORIDA 33756 (727) 441-8966 FAX (727) 442.8470 IN REPLY REFER TO October 25, 2001 Clearwater Office CERTIFICATE OF OWNERSHIP City of Clearwater Planning and Development Services 100 So. Myrtle Avenue Clearwater, FL 33756 Attni Mark Perry Dear Mr. Perry: The undersigned is an attorney licensed to practice in the State of Florida since 1965. The property described in Exhibit A attached hereto is owned by Morton Plant Mease Life Services, Inc., which owns the property free and clear of any mortgage. Sincerely, . ... . . C1JcvJlf'~ Emil C. MarqUar~. ECM\bcf Enc. rm~@~o~ 'IJU Del 2 6 7001 ." : lav _. _ ___ ~ -- ----~._.* ----....--...."..-'.._~.- -'_._~. . . CITY OF CLEARWATER - CLEARWATER Memo To: WAYNE WELLS From: A. SCOTT KURLEMAN cc: [Click here and type name] Date: 12/17/2001 Re: BA YVIEW GARDENS THE FOLLWING NOTES WERE MADE DURING A FIELD INSPECTION AT THE SUBJECT SITE: . Entire west buffer overgrown with Brazilian Peppers. Remove and replace with appropriate hedge material. . 26 Liriope muscari missing . 3 Sweetgum trees missing . 67 Sweet Vibumum shrubs dead/declining . 1 Red Maple missing . 40 Selloum missing ------ ~_._-- --- - -~-~- ~-_.._-_._-- . . ...- -p- . P^IS SSOJ:) D () '0 , ~ ~ ,. - ) : '-I s:' ... ',-' J ~ ) :> - - ' , - . '. J : .. " . } .' . .. " , . . " . . ,~. ,.:'~. )- ,# G. i' ~~1;r . . ~ .' E '. ~:. ~ ~, -.... . ,~. (;) Lit \1..' .;::; ~ ~ 'Z U1. " , u.l 2- " tn ~ 'l- 1 '::I:. ~ &. I. .. u ~ ;.:,J ~t I .1 .. :), . UJ ..J ::J Q UJ :I: U 00 00 ..J ~ - a: UJ I- ~ J: I- Z <t ..J a. 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(J) -..l -..l f- W N -..l > 0 00 ~ 0 -- 0 0 ~ 0 L() L() """ L() <0 0 co 0 0 0 0 0 0 0 N """ N ...... c:1 :~ ..- """ C; C') C') """ """ ~ C') C; ~ N C') """ L() <0 r-- co C; C; ~ (V) 0 ~ ~ N ~ N 0 0 ~ 0 0 0 0 0 0 0 0 -- N U ~ ~ ~ ~ C2 C2 C2 0 0 0 0 0 0 0 0 0 0 ~ ...... ...... a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: a:: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ > > > > > > > > > > > > > > 1/31/2002 12:39:12 PM Conditions esociated with Case #: FL 0.-33 Condo Code Title Stat. Changed Hold Status Changed By Tag Updated UpdatedBy TER1 Traffic Eng Condition Not Met TER1 1/31/2002 ww Site to meet all ADA parking needs per current City standards (striping and signing) Substandard parking space at metal building must be eliminated Land Resources cannot approve another proposed space because of tree conflict Zoning Condition Not Met 1/8/2002 ww ZONE Approved by COB on 12/14/01 (total of 3 conditions): 1.DThat a cross access easement be recorded to provide continued access with the properties to the south and southwest, within 30 days (January 14, 2002); ZONE Zoning Condition Not Met 1/8/2002 ww 1/8/2002 ww Approved by COB on 12/14/01 (total of 3 conditions); 2.DThat a revised landscape plan be submitted to staff within three weeks (January 4, 2002), including trees and planting beds/hedging on the north side of the masonry wall and additional shade trees on the south side of the main parking lot; and Status: Submitted landscape plan on 12/21/01 ZONE Zoning Condition Not Met 1/8/2002 WW Approved by COB on 12/14/01 (total of 3 conditions): 3. DThat all dead or dying plant material be replaced and all new plantings be installed by March 1, 2002. Page 1 of 1 e -- CDB Meeting Date: December 14.2001 Case Number: FL 01-10-33 Agenda Item: B3 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: APPLICANT: Morton Plant Mease Life Services, Inc. LOCATION: 2855 Gulfto Bay Boulevard REQUEST: Flexible Development approval to terminate the status of a nonconforming use (assisted living facility) within the Commercial District under the provisions of Section 6-109 (C) and a Comprehensive Landscape Program. PLANS REVIEWED: Site plan submitted by King Engineering Associates, Inc. SITE INFORMATION: PROPERTY SIZE: 2.45 acres; 106,838 square feet DIMENSIONS OF SITE: Site is irregularly shaped, approximately 400 feet wide (at widest point) by 410 feet of depth (at greatest depth). PROPERTY USE: Current Use: Proposed Use: Assisted living facility of 94 beds (32 units) Assisted living facility of 94 beds (32 units) PLAN CATEGORY: CG, Commercial General Classification ZONING DISTRICT: C, Commercial District ADJACENT LAND USES: North: Vehicle service and retail sales and service West: Vacant and multi-family East: Restaurant South: Multi-family Page 1 e -- CHARACTER OF THE IMMEDIATE VICINITY: Multi-family dwellings exist to the south and southwest, and assorted commercial uses (primarily to the north, east, and west) dominate the immediate vicinity. ANALYSIS: This irregularly-shaped site of 2.45 acres is located at the southwest comer of Gulf to Bay Boulevard and Cross Boulevard. The site is the location of Morton Plant Mease Life Services (MPMLS), an assisted living facility known as Bayview Gardens. MPMLS has been at this site since 1966, operating the facility and the adjacent multi-family, retirement village remaining portion of Bayview Gardens. The subject site is proposed to be subdivided from the remaining property. The site contains an eight-story, 68,892 square feet building that is 160 feet from the front (north) property line along Gulf to Bay Boulevard and a minimum of 50 feet from any other property line. No significant changes are proposed for the site or building. The site has a main entrance along Gulf to Bay Boulevard via Cross Boulevard. This access continues to the south as Cross Circle and is shared by the retirement village of Bayview Gardens. Brown Boulevard is a private drive that encircles the building and continues to the west and links to the retirement village. A 46- space parking lot is located north of the building. Additional parking is provided in a seven-space lot southwest of the building and by four spaces in the right-of-way of Cross Boulevard. The existing landscaping, including a mixture of various trees, shrubs, palms and annuals, substantially meets the intent of Code. The site is heavily buffered by tree canopy along all property lines. Some of the landscape buffer areas are narrow and a Comprehensive Landscape Program is proposed to address landscaping requirements. Any dead or dying plant material will need to be replaced. Additional landscaping should be planted to enhance the site on the north and south sides of the northern main parking lot. There is one, 45 square foot, 3.8 feet high monument sign along Gulf to Bay Boulevard that is substantially in compliance with Code. No additional signage is proposed. Assisted living facilities are not permitted within the Commercial zoning district. The applicant desires to sell the facility as a legally-conforming use. The only option available to the applicant is to terminate the status of the assisted living facility as a nonconforming use under the Code provisions of Section 6-109 (C). CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. Page 2 e e A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE COMMERCIAL DISTRICT (Section 2-701): STANDARD REQUIRED/ EXISTING PROPOSED IN PERMITTED COMPLIANCE? DENSITY 24 du/acre 13.06 du/acre * 13.06 du/acre * Yes (94 beds = 32 du) (94 beds = 32 du) IMPERVIOUS 0.95 0.69 0.69 Yes SURFACE RATIO (lSR) *Three beds are equivalent to one dwelling unit by Code. B. TERMINATION OF STATUS AS A NONCONFORMITY CRITERIA IN THE COMMERCIAL DISTRICT (Section 6-109 (C)): 1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed. Because of the unique shape of the site, the eXlstmg building placement and the parking/drive aisle location, the width of landscape buffers are fixed. Perimeter buffer requirements include a 15- foot landscape buffer along Gulf to Bay Boulevard and a 10- foot landscape buffer along all other sides. The site has a 28-foot wide landscape buffer along the front (north) property line along Gulf to Bay Boulevard. This includes a six-foot high masonry wall shielding views of the main parking lot. The side and rear buffers range from zero to ten feet. These areas contain existing vegetation that adequately serves to buffer the site. Additional plants should be installed to augment this landscaping. The applicant has requested a Comprehensive Landscape Program due to the site's inability to fully meet all Code requirements. 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202(E). The site has been developed with a main parking area north of the building and two other areas. Additional landscaping in the form of trees and planting bedslhedging acceptable to Planning Staff should be installed on the outside of the masonry wall to soften its view from Gulf to Bay Boulevard. Additional trees should also be planted on the south side of the northern main parking lot to provide shade. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. There is only one sign for this site, which is 45 square feet and is 3.8 feet in height. Code permits 64 square feet of sign area and a maximum height of 14 feet. The sign is located 4.83 feet from the front (north) property line along Gulf to Bay Boulevard where five feet is required. This sign is substantially in compliance with Code provisions. The main Page 3 e e parking lot at the north side of the site is lighted and meets Code provisions. Lighting of the site otherwise is through small-scale poles providing illumination for the residents of this complex, as well as for those of the multi-family areas to the south and southwest. An accessory garage building in the northwest portion of the site and a shed farther southwest meet Code setback requirements. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this section. The applicant has requested a Comprehensive Landscape Program, due to the irregular site shape and existing building and parking lot/drive aisle placement. While perimeter buffer width cannot be met in all locations, the intent of Code will be satisfied with additional plantings. C. 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. This assisted living facility has existed at this location since 1966, although properties along this portion of Gulf to Bay Boulevard are generally nonresidential in nature. The applicant is requesting a Termination of Status as a Nonconformity as the existing use is not permitted within the Commercial District. Additional plantings should be installed to further enhance the character of the site. 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. This site is presently developed with a 94-bed assisted living facility which has existed at this location for 35 years. Most of the adjacent sites are fully developed, with the exception of the vacant parcel to the west. The request is to make this use conforming in the Commercial zoning district. It should have no negative impact on surrounding properties. 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 assisted living facility has been in existence since 1966. The use is not changing with this application. The proposal should not affect the health or safety of persons residing or working within the surrounding neighborhood. 4. The proposed development is designed to minimize traffic congestion. Page 4 e e Traffic for the existing assisted living facility will not be affected by this request. The use will remain and no changes are proposed to the site's circulation. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the standards of the community character of the immediate vicinity, through preservation of the mature tree canopy and well-designed landscaping. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. While this site is residential in character, and its use generally conforms to normal residential hours of operation, the nature of the use requires 24 hour operation to provide care to its residents. The Village Inn directly east is open until midnight on weekdays and is open 24 hours a day on weekends. Staff is unaware of any complaints regarding this assisted living facility. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on November 8, 2001. The Planning Department recommends APPROVAL of the Flexible Development approval to Terminate the Status of a Nonconformity (assisted living facility) within the Commercial District under the provisions of Section 6-109 (C) and a Comprehensive Landscape Program, under Section 2-704 for the site at 2855 Gulf to Bay Boulevard, with the following bases and conditions: Basis for Approval: 1. The proposal complies with the Flexible Development criteria to terminate the status of a nonconforming use (assisted living facility) per Section 6-109 (C). 2. The proposal complies with the Flexible Development criteria as a Comprehensive Landscape Program under the provisions of Section 3-1202 (G). 3. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913 and that all signage complies with Code. 4. The development is compatible with the surrounding area. Conditions: 1. That a cross access easement be recorded to provide continued access with the properties to the south and southwest, within 30 days (January 14, 2002); 2. That a revised landscape plan be submitted to staff within three weeks (January 4, 2002), including trees and planting beds/hedging on the north side of the masonry wall and additional shade trees on the south side of the main parking lot; and 3. That all dead or dying plant material be replaced and all new plantings be installed by March 1, 2002. Page 5 e Prepared by: Planning Department Staff: ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Zoning Atlas Map Application e S:IPlanning DepartmentlC D BIFlexlPending cases I Up for the next DRCIGulfto Bay 2855 Morton Plant Mease Life Services I Gulf to Bay 2855 STAFF REPORT.doc Page 6 . . Wells, Wayne From: Sent: To: Parry, Mark Wednesday, November 14, 2001 1 :21 PM Bertels, Paul; Carrier, AI; Debbie Richter; Donald Melone; Joseph Colbert; Leslie Dougall- Sides; Lisa Fierce; Michael Quillen; Mike Gust; Randy Hinder; Rick Albee; Roberta Gluski; Tarapani, Cyndi; Tom Glenn; Wells, Wayne Case: FL 01-10-33- 2855 Gulf to Bay Boulevard Subject: Resubmitted plans are in 10. Case: FL 01-10-33- 2855 Gulf to Bay Boulevard Applicant: Morton Plant Mease Life Services, Inc. Representative: Mr. John Powell (King Engineering Associates, Inc.) Location: 2A5-acre site is site located on the southwest comer of Gulf to Bay Boulevard and Cross Boulevard. Atlas Page: 300B. Zoning: C, Commercial District. Request: Flexible Development to terminate the status of a nonconforming use (assisted living facility) within the C, Commercial District under the provisions of Section 6-109 C. Proposed Use: The proposal includes an existing 94 bed (32 units) assisted living facility to remain within a 68,892 square foot building. Presenter: Mark T. Parry, Planner. Attendees included: Mark Parry, Mike Gust, Don Melone, Tom Glenn, Rick Albee John Powell, Jim Oor (sp?), Mark Markret (sp?) The DRC reviewed these applications with the following comments: 1. Parks and rec: No P&R comment ifno change to structure; non-conforming use issue. 2. Stormwater: no comments 3. Traffic engineering: a) Proposed parking space near the metal building unacceptable - one space does not meet 43-foot dimension for space and backout. Show prior CDB review b) Site to meet all ADA and City standards for handicap parking - show prior to CDB review 4. General engineering: no comments 5. Planning: no comments 6. Solid waste: no comments 7. Land resource: The proposed parking space located southwest of the main building cannot be installed - too close to an existing 30-inch oak tree. Revise prior to CDB review. 8. Fire: No fire comments NOTES: · This case will be forwarded to the CDB for review at its meeting on December 11, 2001; need 15 sets of revised plans and the application with sealed survey by Tuesday, November 13th, 2001. . Fax to John Powell at 813.880.8882 · Schedule a landscape inspection through Scott Kurleman - applicant will call to schedule ASAP 1 ~ c ~ NORTH 1 "=200' Aerial Map Morton Plant Mease Life Services~ Inc. 2855 Gulf To Bay Boulevard FL 01-10-33 RECEIVED N PLANNING & CITY SER~~~~LOPMENT OF CLEAi-{1/v ATER PUBLIC WORKS ADMINISTRATION ENGINEERING . ~ " ~ NDRTH 1"=1320' Location Map Morton Plant Mease Life Serv.ice~ IDe. 2855 Gulf To Bay Boulevard FL 01-10-33 DREW I ULJ PR~~CT tlJrn ~ .. m ::;; <( ~ lIii ~ ~ -- 0~ ~ 3: o '6 .. ~ Iii ~Oi~ Gj/ ~ ~'~;IAS--~ lo1M~~ ~ ,\1/.1.. ,~ ~~ E- 6~ \,\%.\: ~ '#l ~~7'8' ..' f'" ....."..,.,,,,',,1 BOI?DEAUX LA CHAMBLEE LA I S,R, 60 cOlJl'11'lE' CITY OF CLEARWATER. FLORIDA PUBLIC WORKS ADMINISTRAT10N ENGINEERING R 30 - 113 214 314 13/23 ~ 110 211 312 ro 7 31 111 212 r; 310 . 209 0 f---- j!: 108 310 ~ 5 109 210 209 ~~,~ 6 < B 0 32 1.3/22 1 I.r.I 106 308 207 lD 107 208 207 308 < 5 33 -!::! 13/251 104 206 205 306 306 205 0 ...J 13/27 ~ 105 / I.r.I 203 34 ,,~ to 103 203 304 304 N 204 4 '---- 13/28 - -- n ~ ~ WASH 101 202 201 302 - 3 35 - ,"" 3/29 - - - r-- 'v I I 36 13/091 ~fIJ 13/30 I 2 :'-13/301 I I 13/07 13/043 c,(b I 13/341 ~ 38 I - ~O ;J>~ 13/31 13/32 ~'lIJ I 14/03 I . Ci Q" ~ .i\ j' r$JQ" I Ul ~<~fIJ~~ I n 1 ~ ~ '!\,01 ~ ~ ,N" I '---- ~ I n !~Q" l!..<l ~ 3/33 : ~ 'J!.(b - S.R. 60 GULF TO BAY BLVD . 38 ; ...nI ///----'" ~ / /--,,<9~', : 69 / / ',?k:'J ( I ,'11' { ( ", I I , 1 \ \ '\(1) _____ \ )" 1(1) ------___ I ~', 10 -------, /-CB9-S.s----C-'-R------__ _"""~/ ~!i>', ~ j I ------. . ------ -'~t''''''' ~', ' I I ;- " ' /~---- -- II '" I 25 i~: 2f:, ,,' !:~'. --."-.-- ~....~.~.....n'1 ~! ~"'~23 i.f ' , ,,'. '----, f-J1 ' , ~I 2221, 19 : I ~/ : "",\,;/ : /20 i e 39 O~~"6L;_~~~C 8: 1 I I .f fb~ I 37:: .~ \59 : \ \40 c,fIJ 61 I \ " 41.a...Q" I I \ \ "-, 62 : I \ , I i 36 ',', I ( '" " ....../\ J '\ \ "...') I '\ \ ....../ ..../ {I - \ v' / .58' ( I \ /'/ 64 63 ~I / 35 I { I I : : '42' - - .".' ,I l... ~ '!\,OJ ~Q" ~ <i01 ~ ~ m .~~ \ ~ ~ '!\,OJ 13 ...~~ ~ Ii ~U I 16 1~ 14 ~~2 lr 10 f--- --'- I 2 3 4 5 51 7 8 9 '-----, f----- - 7 4 3 2 CLEARWA TER 1 y o < o a:: .:\.~ ~ 'f'~ / 1 0 -rQj ~~~ 12 11 Q ~ THORNTON ROAD ~ (PVT.) ~ f\1' .~~ c,fIJ ~ z o ~ z a:: o j!: ~ '" "C '" .. ::;: <( III I1l ~ "C SURROUNDING USES .; EXISTING '? 0 ;;; > '€ OWNER: Morton Plant Mease Life Services, Inc. CASE FL 01-10- 33 ~ .. I PROPERTY ..Q SITE: 2855 Gulf To Bay Boulevard SIZE (ACRES): 2.45 x ., u:: ;;; PIN: 17/29118/03008/000/0200 ~ ~ ~ ATLAS 300B 0 '6 PAQE: .. 0 :$ Iii , 45 ~ 7 13/23~< 312 0 313 31 336 :> BARBARA -= j; 6 316 ~.4:~7 32 LEON/22 _ 1 ~ ~r"'Y 33 89-26 ~ 332 ~ ~ 13/251 104 320 ~ ~ 321 ~ "' ..J " ,. 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'" C; ------- ---- -------, /-~BQ$$::--C-'-R--------- _ I ( ---_ . ----- I I '\ ,...-----______-.... 25 !~ 24 ; [~ ff! .23! ! / ;' ! ! h1' I I ~ 39 I I Gp..RDt.~S 8166 .._;; 37~~ "(\j\(~ '- \ \ 40 24~\42 41 . 36 \;\ ,M D R , \ ';>/ - OJ 6358 .35 \ I 64 I I II '4Z ~/ ~/~ 38 22 21 20' 59 61 ~ S 13/30 ~13/301 3/32 12 Cl:l <-J Cl:l '" Cl:l <-J BLVD 60 16 15 14 4 i!). 1 ~ Voc 52~8 2082 13/33 ~ Cl:l <-J BAY 2 110 1 5 = 3 N. 113 214 314 r-. 312 "0 1 .'.. ~ 20S ~ J9 111 ~ 3 J..?-J 310 ~20 208 2;f< ~;c 308 107 105 ~O~~... 205 306 306 ~20' 1 ~~ ~Y~L 203 304 304 20, 101 202 201 302 I~I -- I I I I I I I I I I I I I I I I I I I I :~: I~I 13/341 - ~ 14/03 ~ L() CI) n "I'" "-- Cl:l "'''' n '" Q:)Q:) ~ Q:) "1"1 "I I 13 HE G][T~ 12 1~ 10 9 1<--, I ;:L.C~ 11-1 ~ 4 5 61 7 8 '" <:> '" "I I 1_ 7 CLEARWA TER CD o < o 0:: Voc 6194 1940 0<. R/W 6588 1201 1 O' ~Ionket Woi r Esmt 658,,-1194 BRC WN 12 SUB 11 HDR~ .., N o .., ROAD (PVT.) '" Cl:l Cl:l "I '" <:> '" <-J z ~ Z ~ :r f- -0 '" FLEXIBLE DEVELOPMENT REQUEST "! c; ;;; ~ OWNER: Morton Plant Mease Life Services, Inc. CASE FL 01-10- 33 ~ :J1 .. I PROPERTY -" SITE: 2855 Gulf To Bay Boulevard SIZE (ACRES): 2.45 x .. u: ;;; PIN: 17/28/18/03008/000/0200 > ~ ~ 9 ATLAS 3008 -0 PAGE: l'l ~ w e ~ NORTH 1"=1320' -Location Map Morton Plant Mease Life Service~ me. 2855 Gulf To Bay Boulevard FL 01-10-33 BORDEAU X LA CHAMBLEE LA I DREW 'OD PR~~~CT tITIJ ~ "" ~ "" SEVILLE ~cY~ t)/ ~ j :: c( ~ ~ '"' ~ ""'- o~ ~ ~ ~ 3: o '6 IV o :$ Iii i~~U;':'-'-:'~ '\"'~:....- io d, ":1.\ ~t) ~,(.. , ::. ~r: z::- i!~ \~\ ~ '.J!:l '::.~7' t~I'\ ..................~/;,,'l' ENGINEERING COIJRiNP CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ~ NDRTH 1"=200' Aerial Map Morton Plant Mease Life Service~ Inc. 2855 Gulf To Bay Boulevard FL 01-10-33 '6 !J :$ ili RECEIVED NOV 2 8 2001 PLANNING & Ut.VE.LOPIVlENT SERVICES CITY OF CLEAriWATER ~ 1f~1l ~ PUBLIC WORKS ADMINISTRATION ENGINEERING 45 -s34 w 13/23 ~ 336 BARBARA ,--= ~ LEON/22 -r- 1 ~ 5 "" T 33 89 26 ~ 332 ~ 04 320 l~ 321 - ~~ -:J ~ 13/251 1 "" 0 W ~38513/271---- 324~~ 325 34 "....::0, ~:~ ~3803-; ii; 102 4 ..~'Y __ ;:;- ~ ;J: 13/28 f-- T - ~ 60 391 WASH -:>::> 400 N 407 401 3/29 30 - 36 407 ~ R 308 309 30 2 7 312 Cl 313 31 5 316 ~",~7 32 6 30 " <f) " I ~ 13/06 i ~5D ~ 3 2 13/091 13/07 13/043 38 (~ 13/31 <::> <::> 30 ~ 413 " to ~ '" '" 00 '" 00 '" 00 '" ~ 00 '" 60 o l.D S.R. 60 BAY o If) GULF TO , to 1'- l1li v; :J /C" t~ / ~--, <S>..t'." 1 / / '" 'r;. " I 60 I // ",O~'" 1 Q I \, V I I , I ( " \ I " \ \ '''(I) \ ~ 1(1) ; 6!" '0 /' r L::;., '0:::, /----z..<?', :01 " " I I ", " J 4 3 2 ~ I ~ -------, ,-ICBQ~~::--CIR------____ __ i : ----". /----___:::::_-- 25 !-W 2,4 ! ! I~ II foJ/ : : ! ! I I ~I 'I ~ 39 I I ~66' 6L; 37~t '{'.J\E'N' \ \ 40 \ \ 41 ~:\:~~, M:O R \\ \......-----//".,..7 \ /~ 35; \ , I 1 I '142 17 G~ROE-NS 20 '......._---"'\ I 1 1 I , 1 , 1 , 38 22 ,2l 1 1 1 1 I I 1 1 1 1 1 I 1 1 I I I I I ) ; / ~ I ~ 'i// ~ ~ o ITJ '63 64 ~ "', I----- 13/30 l'-13/301 13/32 i( Cl:l '" co '" 00 '" 13/33 110 1 113 214 314 1 ~ 312 "E . '1 ri') 310 20S 09 111 ~ 3~-J 20~ ~'OE 308 20 107 208 1 105 20~~, 205 306 306 20. 1 ~~ >-'';O~ 203 304 304 20 1 01 202 201 302 I~I - - BLVD 60 ;:: ~ BAY , I I I 1 I 1 1 1 1 I 1 1 I I 1 1 1 1 1 ,,,,, 100 1 I~: 13/341 ~ ~ 14/03 ~ LD CIJ 1") "'" "'- co 0"', 1") '" 0000 ~ Cl:l "'''' '" 16 15 14 40 15- 1 35 2 1 Voc, 5298 2082 ~. 10 THORNTON Cij 00 '" 3 I 13 HE d lT~ 12 1/1 10 I ---'- 11-1 ~ 4 5 6/ 7 CLEARWA TER to <:> ~ 9 '-'---7 I I-- - 7 8 CD Cl < o 0::: Voc 6194 1940 oc, f/ /W 6588 1201 10' lonket Wet r Esmt 658 -1194 BRC~ 12 SUB 11 HDR~ '" '" o '" ROAD (PVT.) '" 00 00 '" ""' <:> '" '" z ~ z 5 :r ..... ~ ~ FLEXIBLE DEVELOPMENT REQUEST 0 ti J OWNER: Morton Plant Mease Life Services, Inc. CASE FL 01-10- 33 :g .. I PROPERTY .a SITE: 2855 Gulf To Bay Boulevard SIZE (ACRES): 2.45 'x .. u: ii PIN: 17/29/16/03006/000/0200 ~ ~ 3: 0 ATLAS 3008 '6 PAGE: ~ :$ ill R 30 - 113 214 314 13/23 ~ 110 111 212 211 312 E 7 31 .., 310 209 0 -jE 108 310 5 109 210 209 ~ 6 c( 32 1.3/22 w 106 308 207 0 1 fD 107 208 30e c( 207 5 33 -N 13/251 104 206 306 ~205 :J 105 205 306 13/06 / 0 w 13/27102 34 "....:c. 1O 10j 304 203 4 N 20<1 203 304 "-.. 13/28 - -- n I~I '-------' ~ WASH 101 202 201 302 35 - - 3 - .'OJ 3/29 - - - I 'v 13/30 I 36 13/091 ~t\j I I 2 "13/301 I I 13/07 13/043 e,OJ I I ~ 38 I I 13/341 13/31 13/32 ~VJ I I - $0 -J>~ I I 14/03 ~v . vOJ ~ ~;.;.fJ. r$JOJ I I L!) I I n 1 ~ (~'~~- ~ ~ I I ~()I ~ ~ ~" I I "-.. ~ I I n I~OJ ~(l~13 /33 I : ~ v-...OJ S.R. 60 GULF TO BAY BLVD . 38 i _--_ ...UI /~ "" 1M / /--,,,<9~', : 69 ,/ / "?~'J f I ,'11' { I " I ' " 1 \ \ '\(nI \ ~ Ill) ---------- \ <$!' '0 -------, ~---CB9SS_----crR--------- _~j }/b', :5 I ( -----.. - ----- v"'" {', I I 25 !~ 2~, ! f~~--------_/ \....~.~....~.: ~I " kf".. ,---- ;..." 23 lOI' ., 'I / I ) 1 22 19 , I /. / ,: . , ~/ 39\'''' ~J. ~ : @ ~~~.., . 60 ~t\j 8 : 11 .~. ~ ' 37 I I I 1 159 ' \ \ 40 e,t\j 61 : \\ 41 ~(JJ62 17 !! \ , , 36 ','" I , "" '\ .......-"""' \ \ //) \ \ ~~ ~~ \ _./'" ...../ \ -- \ ,/ 35 I I , , I 1;'42 : .:\ 01'" OJ'\; ~ ~ &01 ~ ~ fD ,~~ \ ~~ ~OJ 13 A~~ (1. v ~v I 16 1~ 14 ~~2 1r 10 f-- '--I- I 2 3 4 5 61 7 8 9 '---, ---- - 7 4 3 2 CLEARWA TER ~ v o c( o 0::: .:\~ ~~~ /~ 1 0 rOJ ~~~ 12 11 ::;; c( fil lil i- ~ 64 63 58 I~< THORNTON ROAD ~ (PVT.) ~ "'- .~~ e,1\J ~ z o t- Z 0::: o F ~ j Q ~ ~ - EXISTING SURROUNDING USES OWNER: Morton Plant Mease life Services, Inc. CASE FL 01-10- 33 SITE: 2855 Gulf To Bay Boulevard PROPERTY SIZE (ACRES): 2.45 PIN' 17/29/18/03008/000/0200 ~ " \II o :$ ill ATLAS 3008 PAGE, 209 310 207 308 308 207 5 205 306 306 205 ;~ 203 304 304 203 201 302 302 201 1 14/03 Q) Q) :l -- , ..v I I ro,j' '" ~ ~ \ lOt'- C:SC:S ------------"\ \ _________J ZQj~. ?--- I"" Jr....... (:'~"""~ f..... t... ....... .', (, 4"" '. :5"- "" i." /', ........................? ........................~~~f '''.. '''', /' ..... -. ',' ",,1", ---- "'_/ ',," - -:---~- -;':CB9.sS--- -CiFf-- -- -"'/ ~:- \. I I ,_ -------~. ,,---~-------- \?5' I I r 2'4'--1 r-', I t --------- , \ ' I I ,..-___; :: : I l I ,....-... \,) ! I L_.J hI,: I! :: _, I I !...:J I I ., 121' \ i ./ : /' I I i2Z : : I f1~ ;/'...")j, II ~,i' I. ,', ...- I I I ,I I : I /39/'~ U \: '-'~J ,I"., I I <v/ 19/1;t-v,,__~l,--.~~- :\ --l ",37) W r r~ FGf>..~ ' . I / . \ \ d /....;C '.. ~(,j~~,f I6v~j:~~~\ ,\ ,:'/~~"l/04t):'; rp",,~\:J \ \ \,.. \. R .. .. \ '\. or \36\ ~... ,,^\ \ \ ',', \ \..) ~ \ \_/' . ,~ ": ill . (...6JO.\8\ , \' \ -.> 'p' \, ,; \ r~ ... 3\ / \35\ \ ( /~~:~/' I,. '\" \ ..\ \ - . \ I I ,- - \.. /'/ \\. \ , I J :42---' \-...-,} .. '... ~_...~ I I If" ", .'-.,,' " I ,--" / /' '.,...' I I l t "L_~)~) ~/ B~l.GNS .' {-:"''V? C~---'] \~'~~4- 42-,J '~ /" / ", "_J "'o 2 '\ _/",/ / / \, ..~ / .!4 A " ".' ........, , . , , Hl \~ 1 I .........,. <....,.." " " >Si'> <~ ../.... 'v' "- r-~ ............... ................ 1 , I ~ .... ~ f ; " ...... '0:1 ,o~ <"",54> / / , .' ~ ., From: Planning Department - fr1w.lr (21'r-y Planner Requesting Maps FLEXIBLE DEVELOPMENT MAP REQUEST Please prepare the following maps: 1. Color Aerial Photograph with the property outlined and streets marked. 2. Location Map 3. Flexible Development Request Map 4. Existing Surrounding Uses Map Requested on: \\- \L\.C>I l\. d~' elf For Completion by: Survey Attached: r!f Legal Description Attached: ~ Comments: OWNER: /J1"l'bl1 ~(" } SITE: Z~77 (;, <: CASE: p PROPERTY SIZE (ACRES:) . #, . .' Text for surrounding land use maps for CDB cases Revised 1/12/01 Use correct spelling Do not abbreviate Choose from the following land use terms: o Community residential home o Adult use o Airport o Assisted living facility 11 Auto service station o Cemeteries o Congregate care o Convention center o Educational facility (e.g. junior college, technical school) o Governmental use o Halfway house o Hospital o Indoor recreation/entertainment o Light assembly o Manufacturing o Marina o Medical clinic o Mobile home park ~ Multi-family residential o Nightclub o Nursing home o Office o Open space o Outdoor recreation/entertainment o Overnight accommodation o Park o Parking garage o Parking lot o Place of worship o Problematic use \\MS2\PDS\Planning Departmenf\C D 8\maps\Textfor surrounding land use mapsfor CDS cases.doc . o Public transportation facility o Research/technology use o Residential shelter ~estaurant tE;:- Retail o RV park o Salvage yard o School o Self storage __ Single-family residential o Social/community center o Social/public service agency o Telecommunications tower o TV/radio studio o Utility/infrastructure facility o Vehicle sale/display -: Vehicle service o Veterinary office o Wholesale/warehouse . ,. . Planning Department 100 South Myrtle Avenue .at. .er.. Clearwater, Florida 33756 .IJ Telephone: 727-562-4567 - . Fax: 727-562-4576 i.)~ CASE#:.EL 0'. 10. 33 DATE RECEIVED: //I.U 04' RECEIVED BY (staff initials): "'" ATLAS PAGE #: J",,. ZONING DISTRICT: <- LAND USE CLASSIFICATION: c.~ ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: (1 Q SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION Q SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans W SUBMIT APPLICATION FEE $ 1,205.00 FLEXIBLE DEVELOPMENT APPLICATION Residential Infill Project (Revised 8/30/01) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section ~202.A) APPLICANT NAME: Morton Plant Mease Life Services, Inc. MAILING ADDRESS: 11175 Starkey Road , Largo , FL 33773 PHONE NUMBER: (727) 394-6461 FAX NUMBER: PROPERTY OWNER(S): ~ . .-' --".-' ---'\ .,., I ., r-"Ilt"----~, (Must include ALL owners) ~ tj~~: 0; .. / r:~~. : >:'. AGENT NAME: John E. Powp.ll, King Engineering Associates, Inc. 11~_~ ,..;,..... i '- MAILING ADDRESS: 4921 Memorial Highway, Suite 300, Tampa, FL 33634 PHONE NUMBER: (813) 880-8881 FAX NUMBER: (813) 880-8882 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 2855 Gulf-to-Bav Blvd., Clearwater, FL 33759 LEGAL DESCRIPTION: See Attachment "A" PARCEL NUMBER: 17 / 29 / 16 / 03006 / 000 / 0200 PARCEL SIZE: 2.45 Acres; 106,~8 SQ. ft. (acres, square feet) Assisted living facility; 94 beds (32 dwelling units) (number of dwelling units, hotel rooms or square footage of nonresidential use) PROPOSED USE AND SIZE: DESCRIPTION OF REQUEST(S): All owi ng exi sti ng non-conformi ng 1 and use (assi sted 1 i vi ng facil ity) withi n ; (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) existing commercial zoned site. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES -L NO _ (if yes, attach a copy of the applicable documents) Page 1 of 6 - Flexible Development Application Residentiallnfill Project- City of Clearwater 1!2V25/~7 10:42 KING ENGTNEERING TAMPA ~ 7274428470 NO. 026 ~02 . , . .. LEGAL DESCRIPTION ~ vi J!I J ~ "C lB e 'OJ '" W al e 2 E .~ ~ 4: C") CO) ~ o - - S2 In a A TRACT OF LAND LYING WITHIN SECTION 17. TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY. FLORIDA AND BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF BLOCK 2 OF A RESUB OF BASKIN'S REPLAT AS RECORDED IN PLAT BOOK 24, PAGE 42 OF THE PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA: THENCE ALONG THE NORTH LINE OF BASKIN'S REPLAT N89" 49" 5"E,1206.36 TO THE POINT OF BEGINNING ; THENCE CONTINUE SAID LINE N89"49"5"E, 200.00 FEET; THENCE SOO"37'03"W, , 50.02 FEET; THENCE N89'46'0'''E, 60.01 FEET; THENCE SOO"37'03"W, 260.00 FEET; THENCE S89"46'01"W. 191.06 FEET; THENCE N38"27'38"W. 331.18 FEET; THENCE NB9"46'Q1"E, 139.84 FEET; THENCE NOO"37'03"E, 150.02 FEET TO THE POINT OF BEGINNING. CONTAINING 106,838 SQUARE FEET OR 2.450 ACRES, MORE OR LESS. ~ ~ e CP II! '6 ~ '1' ii ! :c ~ ~ ~ I ~ .... ....... ....... ::i ~ Y o ~i~Q~T ~ ~ ~on~ Wi III -I ._w I I lay ~-::::J BAVVIEW GARDENS TOWER K &..Ps INC. ., _ _ _.'" I'IOlI II '110 'Nil _ _ II1II _ rAIl .t~ .... ..... JOB NO. ATTACHMENT , 170-001-002 DATE: 1 0 1 5 01 A 72788088828808881 => MCFARLANE FERGUSON ,TEL=727 442 8470 10/25'01 10:40 . _" J,.J . e REVISED NOTICE: DATE AND TIME CHANGE 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 Friday. December 14. 2001, beginning at 10:00 a.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. neiehborine property owners. etc. will be placed on a consent aeenda and approved by a sinele vote at the beeinnine of the meetine. 1. Mount Carmel Baptist Church. are requesting a flexible development approval to reduce the following setbacks to pavement, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204, with Comprehensive Landscape Program: Lot A - front (north) setback along Palm Bluff St. from 25 ft to 13.5 ft, front (east) setback along N. Pennsylvania Ave. from 25 ft to 7 ft, front (south) setback along Jurgens St. from 25 ft to 10 ft, and side (west) setback from 10 ft to 5 ft; and Lot B - front (west) setback along N. Pennsylvania Ave. from 25 ft to 5 ft (Proposed Use: The proposal includes improving 2 lots with a total of 87 parking spaces [26 paved and 61 turf parking spaces] in association with the existing Mount Carmel Baptist Church. Lot A will contain 24 paved parking spaces and Lot B will include 2 paved parking spaces and 61 turf spaces) at 1018 North Pennsylvania Ave., Palm Park Sub., Lots 26-29, part of Lot 25 and 33 & Palm Park Replat, Blk A, Lots 1-3. FL 01-09-30 2. Pinellas Dental Arts are requesting a flexible development to permit a retail sales and service establishment within the Office District and reduce the required number of parking spaces from eight spaces to four spaces, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004, with a Comprehensive Landscape Program (Proposed Use: A 992 sq ft retail sales and service establishment) at 710 South Fort Harrison Ave., Harbor Oaks, Lot 1 less St. & less N 1/3. FL 01-10-32 3. Morton Plant Mease Life Services. Inc. are requesting a flexible development approval to terminate the status of a nonconforming use (assisted living facility) within the Commercial District under the provisions of Section 6-109 C (Proposed Use: The proposal includes an existing 94-bed, 32-unit assisted living facility to be considered a conforming use within the Commercial District) at 2855 Gulf to Bay Blvd., Baskin's Replat Resub, Part of Lot 2. FL 01-10-33 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 (727) 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. ... e e ,. 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 A V AILABLE IN THE CITY CLERK DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODA TION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 11/24/01 . . Wells, Wayne From: Sent: To: Subject: Fierce, Lisa Friday, February 08, 2002 1 :28 PM Wells, Wayne FW: fyi for your case 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: Tarapani, Cyndi Sent: Friday, February 08, 2002 9:55 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: Mark-thanks for your quick followup on this. We look forward to getting the recorded easement and closing out the condition on this case. Thanks again. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Friday, February 08, 2002 9:24 AM To: 'ctarapan@clearwater-fl.com' Subject: The city attorney's office has approved the cross-easement and I am having it recorded today. I will deliver a copy of the recorded easement to you next week. Thanks for your patience. I told Leslie I appreciated her prompt review of the document. 1 . . Wells, Wayne From: Sent: To: Cc: Subject: Tarapani, Cyndi Thursday, January 24, 2002 9:00 AM Dougall-Sides, Leslie Fierce, Lisa; Wells, Wayne RE: Thanks Leslie for your help. Lisa and Wayne-please be sure that the documents get to Leslie as soon as we receive them and make sure that Leslie has everything she needs from Mr. Marquardt. Thanks all. -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, January 23, 2002 4:40 PM To: Tarapani, Cyndi Cc: 'ECM@clw.macfar.com'; Akin, Pam Subject: RE: Importance: High The City Attorney's Office is always glad to review any easement documents on an asap basis, even if the applicant has been untimely in submitting them, if they are forwarded to the particular attorney's attention with an attachment indicating to which case or matter they relate and an indication of the urgency of the request. To date I have not received the new set of documents referenced below. -----Original Message----- From: Tarapani, Cyndi Sent: Tuesday, January 22, 2002 11:37 AM To: 'Mark Marquardt' Cc: Dougall-Sides, Leslie; Fierce, Lisa Subject: RE: Mark-I am forwarding this e-mail to Leslie Dougall-Sides who is responsible for legal work for the Planning Department and would ask that you send the easements to Leslie for review. Leslie-I would appreciate it if you would review this as soon as possible as it is a condition of his development order. If you have questions or need more information, please coordinate through Lisa since she is familiar with the case. Thanks all. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Monday, January 21, 2002 10:37 AM To: 'Tarapani, Cyndi' Subject: RE: I have prepared the easement document and am waiting on some legals from the surveyor. Do I need to send this to the city attorney's office before recording it? We prepared similar cross easements when Bayview Nursing Pavilion was sold and Morton Plant Life Services,Inc retained the balance of the property. I had been told to send the easement to the city attorney's office which I did. I never heard back from that office for weeks. Then I went to the city attorney's office and was told the document was fine. The formate of the easement relating to the Tower property is similar to the one we previously recorded. Do I need to send this to the city attorney's office. If so does a letter from you need to be sent asking them to review it as soon as possible? Thanks. -----Original Message----- From: Tarapani, Cyndi [mailto:ctarapan@clearwater-fl.com] 1 Sent: Wednesday, January To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: 09,4IIt2 10:12 AM . Mark-I have no problem with extending a reasonable time to get the easements written and recorded. Clearly with the holidays things slow down and I have no doubt that you will complete this. Please let me and Lisa know when you think you will have them complete so we can track it. Lisa is the manager of the Development Review Division and will followup with you and coordinate with our legal department if you have any questions about the format or substance of the easements. Thanks for letting us know. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 9:56 AM To: 'ctarapan@clearwater-fl.com' Subject: Morton Plant Mease Life Services was approved for a non-conforrming use last month. One of the conditions was that we have cross easements within 30 days. Given year end issues and the holidays I frankly forgot I need to prepare the easements. Since a portion of the property originally owned by Morton Plant Mease Life Services ( the nursing home) was sold I will need to coordinate with the attorney for the owner of that property on the cross easements which will take a bit of time. Apparently the condition of having the easements in place said it was to be done within 30 days which is this coming Monday. Can I be given an administrative extension for a certain period of time or does it have to go back to the board? Any consideration would be very much appreciated. 2 . . Wells, Wayne From: Sent: To: Subject: Fierce, Lisa Wednesday, January 23,200210:11 AM Wells, Wayne FW: 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: Tarapani, Cyndi Sent: Tuesday, January 22, 2002 12:48 PM To: Fierce, Lisa Cc: Wells, Wayne Subject: RE: Please be sure to followup with Leslie-as Mark notes, they are not always quick to respond. thanks. -----Original Message----- From: Fierce, Lisa Sent: Tuesday, January 22, 2002 11:44 AM To: Tarapani, Cyndi Subject: RE: this was wayne's case; i will forward to him 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: Tarapani, Cyndi Sent: Tuesday, January 22, 2002 11:37 AM 1 To: 'Mark Marquardt' Cc: Dougall-Sides, Leslie; Subject: RE: . . Fierce, Lisa Mark-I am forwarding this e-mail to Leslie Dougall-Sides who is responsible for legal work for the Planning Department and would ask that you send the easements to Leslie for review. Leslie-I would appreciate it if you would review this as soon as possible as it is a condition of his development order. If you have questions or need more information, please coordinate through Lisa since she is familiar with the case. Thanks all. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Monday, January 21, 2002 10:37 AM To: 'Tarapani, Cyndi' Subject: RE: I have prepared the easement document and am waiting on some legals from the surveyor. Do I need to send this to the city attorney's office before recording it? We prepared similar cross easements when Bayview Nursing Pavilion was sold and Morton Plant Life Services,Inc retained the balance of the property. I had been told to send the easement to the city attorney's office which I did. I never heard back from that office for weeks. Then I went to the city attorney's office and was told the document was fine. The formate of the easement relating to the Tower property is similar to the one we previously recorded. Do I need to send this to the city attorney's office. If so does a letter from you need to be sent asking them to review it as soon as possible? Thanks. -----Original Message----- From: Tarapani, Cyndi [mailto:ctarapan@clearwater-fl.com] Sent: Wednesday, January 09, 2002 10:12 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: Mark-I have no problem with extending a reasonable time to get the easements written and recorded. Clearly with the holidays things slow down and I have no doubt that you will complete this. Please let me and Lisa know when you think you will have them complete so we can track it. Lisa is the manager of the Development Review Division and will followup with you and coordinate with our legal department if you have any questions about the format or substance of the easements. Thanks for letting us know. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 9:56 AM To: 'ctarapan@clearwater-fl.com' Subject: Morton Plant Mease Life Services was approved for a non-conforrming use last month. One of the conditions was that we have cross easements within 30 days. Given year end issues and the holidays I frankly forgot I need to prepare the easements. Since a portion of the property originally owned by Morton Plant Mease Life Services ( the nursing home) was sold I will need to coordinate with the attorney for the owner of that property on the cross easements which will take a bit of time. Apparently the condition of having the easements in place said it was to be done within 30 days which is this coming Monday. Can I be given an administrative extension for a certain period of time or does it have to go back to the board? Any consideration would be very much appreciated. 2 . . Wells, Wayne From: Sent: To: Cc: Subject: Tarapani, Cyndi Tuesday, January 22, 2002 12:48 PM Fierce, Lisa Wells, Wayne RE: Please be sure to followup with Leslie-as Mark notes, they are not always quick to respond. thanks. -----Original Message----- From: Fierce, Lisa Sent: Tuesday, January 22, 2002 11:44 AM To: Tarapani, Cyndi Subject: RE: this was wayne's case; i will forward to him 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: Tarapani, Cyndi Sent: Tuesday, January 22, 2002 11:37 AM To: 'Mark Marquardt' Cc: Dougall-Sides, Leslie; Fierce, Lisa Subject: RE: Mark-I am forwarding this e-mail to Leslie Dougall-Sides who is responsible for legal work for the Planning Department and would ask that you send the easements to Leslie for review. Leslie-I would appreciate it if you would review this as soon as possible as it is a condition of his development order. If you have questions or need more information, please coordinate through Lisa since she is familiar with the case. Thanks all. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Monday, January 21, 2002 10:37 AM To: 'Tarapani, Cyndi' Subject: RE: I have prepared the easement document and am waiting on some legals from the surveyor. Do I need to send this to the city attorney's office before recording it? We prepared similar cross easements when Bayview Nursing Pavilion was sold and Morton Plant Life Services,Inc retained the balance of the property. I had been told to send the easement to the city attorney's 1 office which I did. I never ~d back from that office for wetlt. Then I went to the city attorney's office and was told the document was fine. The formate of the easement relating to the Tower property is similar to the one we previously recorded. Do I need to send this to the city attorney's office. If so does a letter from you need to be sent asking them to review it as soon as possible? Thanks. -----Original Message----- From: Tarapani, Cyndi [mailto:ctarapan@clearwater-fl.com] Sent: Wednesday, January 09, 2002 10:12 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: Mark-I have no problem with extending a reasonable time to get the easements written and recorded. Clearly with the holidays things slow down and I have no doubt that you will complete this. Please let me and Lisa know when you think you will have them complete so we can track it. Lisa is the manager of the Development Review Division and will followup with you and coordinate with our legal department if you have any questions about the format or substance of the easements. Thanks for letting us know. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 9:56 AM To: 'ctarapan@clearwater-fl.com' Subject: Morton Plant Mease Life Services was approved for a non-conforrming use last month. One of the conditions was that we have cross easements within 30 days. Given year end issues and the holidays I frankly forgot I need to prepare the easements. Since a portion of the property originally owned by Morton Plant Mease Life Services ( the nursing home) was sold I will need to coordinate with the attorney for the owner of that property on the cross easements which will take a bit of time. Apparently the condition of having the easements in place said it was to be done within 30 days which is this coming Monday. Can I be given an administrative extension for a certain period of time or does it have to go back to the board? Any consideration would be very much appreciated. 2 .. .. . . Wells, Wayne From: Sent: To: Subject: Fierce, Lisa Monday, January 14, 2002 11: 16 AM Wells, Wayne FW: i am sure i sent this to you already, but wanted to make sure 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: Tarapani, Cyndi Sent: Wednesday, January 09, 2002 10:24 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: That is fine with me. We will let our staff know. Thanks. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 10:07 AM To: 'Tarapani, Cyndi' Subject: RE: If you could give me until March 1 that would be great. I am going to start on it now and subject to any need to work through issues with the owner of the nursing home I should have it much earlier than March 1. In fact if there were no issues I could have it next week. Will an outside date of March 1 be ok. Apparently Mike Wells has worked with John Powell on this project. Can you let him know? Thanks. -----Original Message----- From: Tarapani, Cyndi [mailto:ctarapan@clearwater-fl.com] Sent: Wednesday, January 09, 2002 10:12 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: Mark-I have no problem with extending a reasonable time to get the easements written and recorded. Clearly with the holidays things slow down and I have no doubt that you will complete this. Please let me and Lisa know when you think you will have them complete so we can track it. Lisa is the manager of the Development Review Division and will followup with you and coordinate with our legal department if you have any questions about the format or substance of the easements. Thanks for letting us know. 1 . . -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 9:56 AM To: 'ctarapan@clearwater-fl.com' Subject: Morton Plant Mease Life Services was approved for a non-conforrming use last month. One of the conditions was that we have cross easements within 30 days. Given year end issues and the holidays I frankly forgot I need to prepare the easements. Since a portion of the property originally owned by Morton Plant Mease Life Services ( the nursing home) was sold I will need to coordinate with the attorney for the owner of that property on the cross easements which will take a bit of time. Apparently the condition of having the easements in place said it was to be done within 30 days which is this coming Monday. Can I be given an administrative extension for a certain period of time or does it have to go back to the board? Any consideration would be very much appreciated. 2 . . Wells, Wayne From: Sent: To: Subject: Fierce, Lisa Wednesday, January 09, 2002 10:26 AM Wells, Wayne morton plant non conforming use fyi - they will get us the easement "stuff" by march 1st 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: Tarapani, Cyndi Sent: Wednesday, January 09, 2002 10:24 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: That is fine with me. We will let our staff know. Thanks. -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 10:07 AM To: 'Tarapani, Cyndi' Subject: RE: If you could give me until March 1 that would be great. I am going to start on it now and subject to any need to work through issues with the owner of the nursing home I should have it much earlier than March 1. In fact if there were no issues I could have it next week. Will an outside date of March 1 be ok. Apparently Mike Wells has worked with John Powell on this project. Can you let him know? Thanks. -----Original Message----- From: Tarapani, Cyndi [mailto:ctarapan@clearwater-fl.com] Sent: Wednesday, January 09, 2002 10:12 AM To: 'Mark Marquardt' Cc: Fierce, Lisa Subject: RE: Mark-I have no problem with extending a reasonable time to get the easements written and recorded. Clearly with the holidays things slow down and I have no doubt that you will complete this. Please let me and Lisa know when you think you will have them complete so we can track it. Lisa is the manager of the Development Review Division and will followup with you and coordinate with our legal department if you have any questions about the format or substance of the easements. Thanks for letting us know. 1 . . . -----Original Message----- From: Mark Marquardt [mailto:ECM@clw.macfar.com] Sent: Wednesday, January 09, 2002 9:56 AM To: 'ctarapan@clearwater-fl.com' Subject: Morton Plant Mease Life Services was approved for a non-conforrming use last month. One of the conditions was that we have cross easements within 30 days. Given year end issues and the holidays I frankly forgot I need to prepare the easements. Since a portion of the property originally owned by Morton Plant Mease Life Services ( the nursing home) was sold I will need to coordinate with the attorney for the owner of that property on the cross easements which will take a bit of time. Apparently the condition of having the easements in place said it was to be done within 30 days which is this coming Monday. Can I be given an administrative extension for a certain period of time or does it have to go back to the board? Any consideration would be very much appreciated. 2 ('" . ACTION AGENDA . COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER December 14, 2001 Meeting called to order at 10:04 a.m. at City Hall A. APPROVAL OF MINUTES OF PREVIOUS MEETING: November 13, 2001 ACTION: APPROVED - 6:0 B. CONSENT AGENDA ITEMS: (Items 1-2) ACTION: RECOMMENDED APPROVAL - 6:0. 1. Case: FL 01-09-30 - 1018 North Pennsylvania Avenue Level Two Application Applicant: Mount Carmel Baptist Church. Location: 2.51-acre site located generally on the east and west sides of N. Pennsylvania Avenue, including a 0.34-acre Lot A (at the southwest corner of Palm Bluff Street and N. Pennsylvania Avenue) and 0.69-acre Lot B (at the eastern terminus of Palm Bluff Street, east of N. Pennsylvania Avenue), in association with the Mount Carmel Baptist Church site at the northwest corner of Palm Bluff Street and N. Pennsylvania Avenue. Atlas Page: 269A. Zoning: I, Institutional District. Request: Flexible Development approval to reduce the following setbacks to pavement, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204, with Comprehensive Landscape Program: Lot A - front (north) setback along Palm Bluff Street from 25 feet to 13.5 feet, front (east) setback along N. Pennsylvania Avenue from 25 feet to seven feet, front (south) setback along Jurgens Street from 25 feet to 10 feet, and side (west) setback from 10 feet to five feet; and Lot B - front (west) setback along N. Pennsylvania Avenue from 25 feet to five feet. Proposed Use: The proposal includes improving two lots with a total of 87 parking spaces (26 paved and 61 turf parking spaces) in association with the existing Mount Carmel Baptist Church. Lot A will contain 24 paved parking spaces and Lot B will include two paved parking spaces and 61 turf parking spaces. Presenter: Mark T. Parry, Planner. Condition: That the final design of the site be consistent with the plans submitted or as modified by the Community Development Board. ACTION: APPROVED WITH 1 CONDITION - 6:0 AND 2. Case: FL 01-10-33- 2855 Gulf to Bay Boulevard Level Two Application Applicant: Morton Plant Mease Life Services, Inc. Location: 2.45-acre site is located on the southwest corner of Gulf to Bay Boulevard and Cross Boulevard. Atlas Page: 300B. Zoning: C, Commercial District. Request: Flexible Development approval to terminate the status of a nonconforming use (assisted living facility) within the Commercial District under the provisions of Section 6-109 C. acd1201 12/14/01 Proposed Use: Th.oposal includes an existing 94-bed .-unit) assisted living facility to be considered a conforming use within the Commercial District. Presenter: Wayne Wells, Senior Planner. Conditions: 1) That a cross access easement be recorded to provide continued access with the properties to the south and southwest, within 30 days (January 14, 2002); 2) a revised landscape plan be submitted to staff within three weeks (January 4, 2002), including trees and planting beds/hedging on the north side of the masonry wall and additional shade trees on the south side of the main parking lot; and 3) all dead or dying plant material be replaced and all new plantings be installed by March 1, 2002. ACTION: APPROVED WITH 3 CONDITIONS - 6:0 C. NON-CONSENT AGENDA ITEMS: (Item 1) 1. Case: FL 01-10-32- 710 South Fort Harrison Avenue Level Two Application Applicant: Mr. Erik Parks (Cigar Central). Location: 0.18-acre site is site located on the southwest corner of South Fort Harrison Avenue and Druid Road West. Atlas Page: 295B. Zoning: 0, Office District. Request: Flexible Development to permit a retail sales and service establishment within the Office District and reduce the required number of parking spaces from eight spaces to four spaces, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004, with a Comprehensive Landscape Program. Proposed Use: A 992 square foot retail sales and service establishment. Presenter: Mark T. Parry, Planner. Conditions: 1) That retail sales/service uses on the site be limited to the building at 714 South Ft. Harrison Avenue; 2) any additional retail uses be reviewed as part of a separate Flexible Development application by the Community Development Board (COB); 3) the final design and (tan) color of the building be consistent with the conceptual elevations submitted or as modified by the COB; 4) all signage comply with Code prior to the issuance of a Certificate of Occupancy and that freestanding signage on the site be limited to a single, monument-style sign; and 5) any building mural/artwork be presented to staff for review (and not include advretising). ACTION: APPROVED WITH 5 CONDITIONS - 6:0 DIRECTOR' S ITEMS: Beach by Design amendments and the David Mack rezoning request were approved by the Commission. Staff is working with residents of Island Estates on a NCOD (Neighborhood Conservation Overlay District) plan for Island Estates. In January, staff will speak to advisory boards and other interested parties regarding the NCOD. Two public meetings are scheduled in February 2002. The NCOD plan will be brought before the COB in April 2002, then would go to the Commission for final approval. Staff will send the COB a memo regarding their authority and power as a advisory board. Including the history and philosophy of the City Code, quasi-judicial and legislative matters, and why the authority of the COB versus the Commission was developed as it is today. Also included in the memo will be an executive summary of the Community Development Code as developed by Charlie Siemon of Siemon and Larsen. Staff also is working on sign code amendments. acd1201 2 12/14/01 .. Staff anticipates telearwater Mall case will only requi.staff level review. Member Mazur thanked everyone for their donations to the trust fund set up for the family of a World Trade Center victim. He requested assistance with locating sponsors of County Commissioner John Morroni's dinner being held the last Friday in January 2002 at the Sheraton Sand Key Resort to honor local police and firefighters. He said this year, Commissioner Morroni has invited a firefighter and policeman's family to attend. A total of 14 people will be visiting the Bay Area and attending the dinner for one week beginning January 24, 2002. Restaurateurs, hoteliers, airlines, and any other local area theme parks, etc. are encouraged to participate. Chair Figurski thanked Member Moran for organizing this year's holiday luncheon. He also thanked the CDB members and staff for a job well done. He said we all need to count our blessings and rejoice at all times, not just at the holidays. D. ADJOURNMENT: - 10:39 a.m. acd1201 3 12/14/01 l.L . o >- f-- Revised 12/14/01 u AGENDA COMMUNITY DEVELOPMENT BOARD Date: Friday, December 14, 2001 * Time: 10:00 a.m. * Place: 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Commission Chambers) (* Note: This meeting has been rescheduled from Tuesday, December 11 at 2:00 p.m.) The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ROLL CALL Chair Figurski Vice-Chair Petersen Gildersleeve Hooper Moran Mazur Plisko Alternate member Hibbard City Staff A. APPROVAL OF MINUTES OF PREVIOUS MEETING: November 13, 2001 CDB agenda - December 14,2001- Page 1 . . B. CONSENT AGENDA ITEMS: (Items 1-2). The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting. 1. Case: FL 01-09-30 - 1018 North Pennsylvania Avenue Level Two Application Applicant: Mount Carmel Baptist Church. Location: 2.51-acre site located generally on the east and west sides of N. Pennsylvania Avenue, including a 0.34-acre Lot A (at the southwest comer of Palm Bluff Street and N. Pennsylvania Avenue) and 0.69-acre Lot B (at the eastern terminus of Palm Bluff Street, east of N. Pennsylvania Avenue), in association with the Mount Carmel Baptist Church site at the northwest comer of Palm Bluff Street and N. Pennsylvania A venue. Atlas Page: 269A. Zoning: I, Institutional District. Request: Flexible Development approval to reduce the following setbacks to pavement, as part of a Comprehensi ve Infill Redevelopment Project, under the provisions of Section 2-1204, with Comprehensive Landscape Program: Lot A - front (north) setback along Palm Bluff Street from 25 feet to 13.5 feet, front (east) setback along N. Pennsylvania Avenue from 25 feet to seven feet, front (south) setback along Jurgens Street from 25 feet to 10 feet, and side (west) setback from 10 feet to five feet; and Lot B - front (west) setback along N. Pennsylvania Avenue from 25 feet to five feet. Proposed Use: The proposal includes improving two lots with a total of 87 parking spaces (26 paved and 61 turf parking spaces) in association with the existing Mount Carmel Baptist Church. Lot A will contain 24 paved parking spaces and Lot B will include two paved parking spaces and 61 turf parking spaces. Presenter: Mark T. Parry, Planner. 2. Case: FL 01-10-33- 2855 Gulf to Bay Boulevard Level Two Application Applicant: Morton Plant Mease Life Services, Inc. Location: 2A5-acre site is located on the southwest comer of Gulf to Bay Boulevard and Cross Boulevard. Atlas Page: 300B. Zoning: C, Commercial District. Request: Flexible Development approval to terminate the status of a nonconforming use (assisted living facility) within the Commercial District under the provisions of Section 6- 109e. Proposed Use: The proposal includes an existing 94-bed (32-unit) assisted living facility to be considered a conforming use within the Commercial District. Presenter: Wayne Wells, Senior Planner. CDB agenda - December 14,2001 - Page 2 . . NON-CONSENT AGENDA (Item 1): 1. Case: FL 01-10-32-710 South Fort Harrison Avenue Level Two Application Applicant: Mr. Erik Parks (Cigar Central). Location: O.IS-acre site is site located on the southwest comer of South Fort Harrison A venue and Druid Road West. Atlas Page: 295B. Zoning: 0, Office District. Request: Flexible Development to permit a retail sales and service establishment within the Office District and reduce the required number of parking spaces from eight spaces to four spaces, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004, with a Comprehensive Landscape Program. Proposed Use: A 992 square foot retail sales and service establishment. Presenter: Mark T. Parry, Planner. C. DIRECTOR'S ITEMS: D. ADJOURNMENT S:\Planning Departmenf\C D Blagendas DRC & CDB\CDB\200IV2 DecemheT'\CDB December 14 200l.doc CDB agenda - December 14,2001 - Page 3 A~6MISSIOt'j VERIFICATION REPORT TI~/2001 11~ NAME: . ...... FAX: 7275524575 TEL: 7275524557 DATE. TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE ..J..r\ 12/03 11: 18 - \ V-98138808882 00:03:35 07 OK STANDARD ECM wd bo': ?~ -4 (/[)JV1CD ~{Qd S1~ f1~pni +0 1~ ?uwdO I ~ UtU \d-\))Dl -\::' .. \,~()JvK ........,. r~~ ~~. >f ~'\~ \ .1. ~\U'\\ :.".~. \ ?~~~(~~ . ~ c ~ \{))1 0 ~()JY" f} \~\'v\ r u tf'-\ ~ .. e e LL 0 >- f- - U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ~\)"~"?O\~ \ \ FAX: (~\~ ~~o-- ~ ~ ~~ PhOne:-t <t\~'6~O - ~ ~~ \ FROM: \:e~,-\ ~D Phone,(1;)'l)5ai-Lt52d- DATE: \ RE: ~&N ?\U~\ tre(l~e MESSAGE: ~\Q~ R~~ NUMBER OF PAGES(INCLUDING THIS PAGE) 1 . . CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758A748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMENT REviEW HOUSING DMSION NEIGHBORHOOD SERVICES November 26,2001 Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Tampa, FL 33634 FilE RE: Community Development Board Meeting (FT. 01-10-33) Dear Mr. Powell: The Flexible Development application to terminate the status of a nonconforming use (assisted living facility) within the C, Commercial District under the provisions of Section 6-109 C and a Comprehensive Landscape Program for property located at 710 South Fort Harrison A venue has been scheduled to be reviewed by the Community Development Board on December 12, 2001. The meeting will take place at 10:00 a.m. in the City Commission Chambers, 3rd floor of City Hall at 112 S. Osceola, Clearwater. If you have any questions, please do not hesitate to call me at 562-4558. Sincerely yours, 1/1 -.-- 'I :.-v.... Mark T. Parry Planner S:\Planning Departmenf'.,C D 8\FleXlPending cases\Up for the next DRClGulfto Bay 2855 Mortoll Plant Mease Life Services\Gulf to Bay 2855 cdb letter. doc BRIAN J. AUNGST. MAYOR-COMMISSIONER ED HART, VICE M.AYOR-COM\llSSIONER WHITNEY GIZ-\\', Cml\llSSIOi\Ei{ HO\T HASlILTON, COMMISSIONER (1) BII.I.JONSON, Cml\IISsIOC\ER "EQUAL EMPLOYMENT AND AFFIRlYlATIVE ACTION EMPI.OY1'R" -Je~ 6. \oo'~ . ~ €~~~ ClA6~. /-fI2-( rYl~ NwW ~~SXJ l~pO\ f r:::-L :3 3~ t.f m~P~~4 SRAv LC...e.D 1 ...,L, V'I e.. D _ n ~\)15 ~~ ~. ~tJJ FL ~ 3'3-'73 MORTON PLANT LIFE SERVICES b C/O BAYVIEW GARDENS p LISA M HATSKO, ACCOUNTANT 2855 GULF TO BAY BLVD CLEARWATER FL 3375Cf- Y.O~7 ..........0/ (- ~ ..;-' -:"t:"';~") (" STOWELL PROPERTIES 2873 THORNTON RD CLEAI~I^,ATER FL 33759 4049 KETCHUM, THOMAS l' EST C/O KETCHUM, RICHARD l' PR 351 N SQUIRREL RD ~~AUBURN HILLS M 1 48326 4038 LARREA, NANCY P TRE 585 SKY HARBOR DR I 115 CLEARWATER FL 33759 3947 BLAKES, HELEN R 585 SKY HARBOR DR 1117 CLEAR~oJATER FL 33759 3947 LEE, JAMES R LEE, M{~RY A 585 SKY HARBOR DR I 119 CLEARWATER FL 33759 3947 GUSS, AIDA M 637 N WREN AVE PALATINE IL 60067 3544 SHELTON, FOREST W SHELTON, CORINNE A 15 LONGBOI,,! CT SAINT LOUIS MO 6:5114 5724 KRIEG, ORVILLE S KRIEG, NANCY E 585 SKY HARBOR DR I 125 CLEARvJATER FL 33759 3947 Jot'!ES, NYLA JO 585 SKY HARBOR DR I 127 CLEARI,,!ATER FL ~$37 59 3947 . PL tJt-~O-:3 ~ C1JB (~-I(-C>/ 50 CZCli R I ~ F) WOLLOWICK, HERBERT E WOLLOWICK, JANE B 104 DRIFTWOOD LN LARGO FL 33770 2601 STOWELL, ALLAN J 2873 THOF~NTON I~D CLEARWATER FL 3:5759 4049 MC CLELLAN, JAMES S MC CLELLAN, JERILYNN K 9270 SHAMROCK U~ CLARKSTON 111 48348 2546 BROOKS, CLIFFORD H 585 SKY HARBOR DR I 114 CLEARWATER FL 33759 :3905 SEE, EDWIN C SEE, ~WRt1A L 4112 WARRINGTON DR WIXOI'''j MI 48393 4406 ADAt1S, JOE H ADAM~3, JANET E 2319 N MAGRUDDER RD COLEt"iAN MI 48618 9737 COTTON, DOROTHY J COTTON, JEFFREY C 500 BAY AVE I 309 S OCEAN CITY NJ 08226 3964 WEl, BENJAMIN C WE I, Mf.)RGOT C 1312 WINDING WAYE LN SILVER SPRING 11D 20902 1450 LEPPING, ROSE M 585 SKY HARBOR DR I 124 CLEARI,,!ATER FL 33T~,9 3905 SHERRIER, RAYMOND F SHERRIER, ESTHER A 585 SKY HARBOR DR I 126 CLEAI~WA TER FL 33759 3905 ALDRICH, STANLEY E 585 SKY HARBOR DR I 128 CLEARWATER FL 33759 3905 wunOH~nC", ~U~N U WOMBACHER, ELEANOR 14401, FERRIS LN . MIN~~ETOt'-H<'A tiN 55345 582':::" ~"U0~nUW, ~HnC0 H GRUSCHOW. ~'iNNA 1,1>} 585 SKY rA30R DR It 1,30 CLEM~v\IA TE:..FL 33759 3905 EGPIN, r~UTH TF~E 585 SKY HARBOR DR It 412 CLEARWATER FL ~53759 3908 SNEBERGER. WILLIAM G TRE SNEBERGER, DORETHEA M TRE 585 SKY HARBOR DR It 132 CLEARI....!ATEF~ FL (33759 3905 POTTER, ROSEMARY L 585 SKY HARBOR DR It 133 CLEARWATER FL 33759 3947 LEE, BETTY A 585 SKY HARBOR DR 1134 CLEARWATEF~ FL 33759 3905 KELLEHER. LEWIS J KELLEHER, LUCILLE G 585 SKY HARBOR DR It 135 CLEARWATER FL 33759 3947 ZAJAC. HELEN J b'iJAC, ~1ARIAN N 11490 ZAJAC RD WAUSAUKEE WI 5411'1 9129 SKINNER, JOE A SKINNER, SHARON L 585 SKY HARBOR DR 1 137 CLE~~RI^,~YrEF~ FL 33759 3947 I....!~)RD, MAE C TRE 585 SKY HARBOR DR It 138 CLEAR'^,ATER FL :33759 3905 SMITH. WILLIAM J SMITH, ti~'iRY 585 SKY HARBOR DR It 139 CL.EARWATER FL. 33759 3947 U~ FORGE. RUTH J 585 SKY HARBOR DR It 140 CL.EAR'^,A TER FL. 33759 3905 PUGH, JUDITH A 6770 SKYL.INE DR E COLUMBUS OH 43235 2743 MC DONAL.D. EU1ER MC DONAL.D, BONNIE 1385 S ROBIN WAY RUSHVILLE IN 46173 8511 BL.ASf<'O, N?-lNCY J 585 SKY HARBOR DR It 143 CL.EARWATER FL. :5~:S7 59 3947 ',...,lOOMER, PAUL E WOOMER. JUt'-lE I 585 SKY HARBOR DR It 207 CL.EARWATER FL. 33759 3948 BRADY. JAMES P 585 SKY HARBOR DR 1 209 CL.EARI....JATER FL, 33759 3948 WILKERSON. CHARL.ES L WIL.KERSON. ELL.EN S PO BOX 436 HAt1L I N ',...,IV 25523 0436 EVANS. ROBERT C EVANS. L. VERNELL 585 SKY HARBOR DR It 326 CLEARWATER FL 33759 3907 DUNN. JPIMES W DUNN. JM~ETTE 585 SKY HARBOR DR It 215 CLEAr~WATER FL 337 59 ~3948 FEIGENBUTZ. EVELYN 585 SKY HARBOR DR It 217 CLE?-lRWATER FL 33759 3948 '....!ILSON. THELMA A 585 SKY HARBOR DR It 219 CL.EAR',^JATER FL 3:3759 3948 NAGLE. SHELLEY A 585 SKY HARBOR DR It 221 CLEARWATER FL 33759 3948 BROGAN. DOLORES R 3667 JOHNSON RD NORTON OH 44203 6254 MESL.EY. DORIS 585 SKY HARBOR DR I 225 CL.EARWATER FL 33759 3948 STITT. WILLIAM 0 STITT. RUTH I 585 SKY HARBOR DR I 101 CLEARII>}ATER FL 33759 3947 ENGL I SH. SAri ENGL I SH . ~1ARY 320 GOVERNORS RD BROOKFIELD NH 03872 7305 . FAX MESSAGE CITY OF CLEARWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 S MYRTLE AVE. POBOX 4748 CLEARWATER, FL 33758-4748 OFFICE PHONE - (727) 562-4567 FAX PHONE - (727) 562-4576 . TO: John Powell, King Engineering FAX#: 813.880.8882 FROM: Mark T. Parry, Planning and Development Services, City of Clearwater DATE: Friday. November 09,2001 MESSAGE: John, Here are the cOlFttt-Ethe 11/8/01 DRC meeting. 10. Case: FL 01-10-33- 2855 Gulf to Bay Boulevard Applicant: Morton Plant Mease Life Services, Inc. Representative: Mr. John Powell (King Engineering Associates, Inc.) Location: 2A5-acre site is site located on the southwest corner of Gulf to Bay Boulevard and Cross Boulevard. Atlas Page: 300B. Zoning: C, Commercial District. Request: Flexible Development to terminate the status of a nonconforming use (assisted living facility) within the C, Commercial District under the provisions of Section 6-109 C. Proposed Use: The proposal includes an existing 94 bed, 32 unit assisted living facility to remain within a . square foot building. Presenter: Mark T. Parry, Planner. Attendees included: Mark Parry, Mike Gust, Don Melone, Tom Glenn, Rick Albee John Powell, Jim Oor (sp?), Mark Markret (sp?) The DRC reviewed these applications with the following comments: 1. Parks and rec: No P&R comment ifno change to structure; non-conforming use issue. 2. Stormwater: no comments 3. Traffic encineerin~: a) Proposed parking space near the metal building unacceptable - one space does not meet 43-foot dimension for space and backout. Show prior CDB review b) Site to meet all ADA and City standards for handicap parking - show prior to CDB reVIew 4. General encineering: no comments 5. Planning: no comments 6. Solid waste: no comments 7. Land resource: The proposed parking space located southwest of the main building cannot be installed - too close to an existing 30-inch oak tree. Revise prior to CDB review. ~ 8. Fire: No fire comme. . NOTES: . This case will be forwarded to the CDB for review at its meeting on December 11, 2001; need 15 sets of revised plans and the application with sealed survey by Tuesday, November 13th, 2001. . Fax to John Powell at 813.880.8882 (a) Schedule a landscape inspection through Scott Kurleman - applicant will call to schedule ASAP Should you have any questions, please do not hesitate in contacting me directly at 727.562.4558. NUMBER OF PAGES (INCLUDING THIS PAGE): Two (2) . CITY OF . CLEARWATER LONG RANGE PLANNING DEVELOPMENT REVIEW HOUSING DMSION NEIGHBORHOOD SERVICES PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 5,2001 Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Tampa, Florida 33634 RE: Application for Flexible Standard approval (FLE&lproval to terminate the status of a nonconforming use (assisted living faciHt~.) with;" tbe C, Commercial District under the provisions of Section 6-109 C. a Comprehensive Landscape Program. Dear Mr. Powell: The Planning staff has reviewed your application approval to terminate the status of a nonconforming use (assisted living facility) within the C, Commercial District under the provisions of Section 6-109 C. and a Comprehensive Landscape Program at 2855 Gulf to Bay Boulevard. After a preliminary review of the submitted documents, staff has determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number: FL 01-10-33. The Development Review Committee will review the application for sufficiency on November 8, 2001 in the Planning Department conference room - Room 216 - on the second floor of the municipal service building, 100 South Myrtle Avenue in Clearwater. Please call Amy Ruscher at 562.4579 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your client must be present to answer any questions that the committee may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4558. Sincerely yours, Mark Parry S:\Planning Departmen^C D BlFleXlPending cases\Up for the next DRClGuif to Bay 2855 Morton Plant Mease Life Services\Gulf to Bay 2855 complete letter. doc BRIAN J. AUNGST, MAYOR-COMMISSIONER ED HART, VICE MAYOR-COMMISSIONER WHITNEY Gltw. COMMISSIOt\ER HOYf HAMII.TON, COMMISSIONER * BII.!.JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . C I T Y 0 F CLEARWATER LONG RANGE PlANNING DEVELOPMENT REviEW HOUSING DNISION NEIGHBORHOOD SERVICES Mr. John E. Powell King Engineering Associates, Inc. 4921 Memorial Highway, Suite 300 Clearwater, Florida 33759 1= .. I: RE: Application for Flexible Standard approval (FL ~roval to terminate the status of a nonconforming use (assisted living facilHYJ wldJju lite" C, Commercial District under the provisions of Section 6-109 C. a Comprehensive Landscape Program. PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 October 26, 2001 Dear Mr. Powell: The Planning staff has reviewed your application approval to terminate the status of a nonconforming use (assisted living facility) within the C, Commercial District under the provisions of Section 6-109 C. and a Comprehensive Landscape Program at 2855 Gulf to Bay Boulevard. After a preliminary review of the submitted documents, staff has determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number: FL 01-10-33. The Development Review Committee will review the application for sufficiency on November 8, 2001 in the Planning Department conference room - Room 216 - on the second floor of the municipal service building, 100 South Myrtle Avenue in Clearwater. Please call Amy Ruscher at 562.4579 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your client must be present to answer any questions that the committee may have regarding your application. If you have any questions, please do not hesitate to call me at 727-562-4558. Sincerely yours, 'l, ,/7 Ll~a~-'- S:\Planning DepartmenflC D B\Flex\Pending cases\Up for the next DRClGulfto Bay 2855 Morton Plant Mease Life Services\Gulf to Bay 2855 complete letter,doc BRIAN J. AlIt'\CST, MAYOR,COMWSSIONEK ED H.\HT, VICE IvIAYOK-COM\lISSIOt'\ER WHITt'\EY GK.\Y. CO\\\lISSIOt'\ER HOlT HA\III.TON, CO\L\IISSIONEH * BJI.L.Jot'\sOi\, CO\\\IISSIOi\EH "EQUAL EMI'I.OYME0:T AND AFFIHMATIVE ACTION EMPLO'rl:R"