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LUZ2003-11013 , l,S\ ~ err"., ._-,LEARWAiER , APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDfNG, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 r--- I APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: I Beckett L:::l.ke lDdge, Ltd., a Florida limited fBrtnership APPLICANT NAME 2155 Montclair Road, Clearwater, FL 33763 MJ\/L1NG ADDRESS PHor.E NUMBER727-797--7257 (Bob Boyle) _ .__.,---~._-'--' - ~_.. FAX N UM BER- 72 7 =-_~ 1 - 4_2 2 3____ _____~________ PROPERTY OWNERS Same as Applicant 1 L_ ____u___ i i I I i I I _n__ ______J --------------1 I I , I I I ! (List all owners) See Exhibit "A" attached re Disclosure of Interest infonrati~_________ A(;L,NT NAME: Ro~r A. larson. F.srIlli rp __ _ JC) son, Pope, Bokor, Ruppel !:.~ Burns, P.A. M/\ILlNGADDRESS:P. O. Box 1368, Cleanvater~ 33757-1368 Pr-,()NE NUMBER: 727-46J - ~BJ.B__________ FAY: NUMBER 727-462-0365 r---SI~E INFORMATION: I LOCATICJN South si(k;__~! l\Y)ntclair Road, \tJ~~~t~A__Belcher Road ____________________nn____ I I I i I I SIZE OF SITE: _________________ __________ I , FUTUP.E LAND USE I CLASSIFICATION: I I i i I Pf::ZCWOSED TEXT AMENDMENT ___________________ _ ._____.____________________________________ -- ! L_~_5_:_~~_d~tio nal !..::'.er if ne_c..e~sary)__~~~.:~~_~~~=~~__:~~r____~(_~~:~~~ional__ info~lB-~-~f~__.::__~:=..-=_-.:.:__==::__=~=_=_=:=:=__.________ .J STr'ZEET ADDRESS 2i5~~)~-ltclai]: I~ad, ClearwateE___ LEGAL DESCRiF'TION: See Exhibit_ "B" attached. !~Af'CEL NUMBER _Ol/29/1~~_q~gQO/140/0100 iu. 1 d(=rl:;:, (Up1alld of 6 19-rrcresj PI=(FSl':I--JT HU REQUESTED FZIM ZONING CLASSIFICATION PR[SEt~1 MD~______.__.__._ REQU ESTED___lIJDF ________ ________._________m r- - ----------------------..-----------..--------- --------------- --- I I I I I I I I I i i (We), tile undersigned, 2.cki',ewledge tha~ all representations made In thle: application are true and accurate to the best of my/(oul') m~~~€~e ; Bee] By: STATE OF FLORIDt\; COUNTY (iF PINELLAS :,,--,,)rr to 2nd subscribed before '110 thiS _ J g_~____ day of __ L~~~en1ber _ _ __ />-_ D A~ _ 2003 to rn,:, by_Bobert T .=:iJeyIe-===-___~----k Nf'O -:'5----- pf:";onally knowl: ~~ ._.._...___ __.____.________.,. .n_~________..___> '_'j I ';',,,neraJ F'arUk': _~{'-"-~ ~--..J'~'.,'--'<,..~I.....,' FlL! Boyle Secretary _S~_<::X~t:ary - . , " 1 1 --'.0 ;l _ 1)-1 y r l~ (I ( l;/F'f~~"<1 _ _ ~ayne E Seers ~ t. ',', JW,d t..A~1,:MYCOMMISSION# f)D8~1h6 E- ,'J.J _::;:~-o< Selltember 2,2005 I" " , , r no P Y -'.f;io;"~-.v" iONPEITH'UnOYF_ININ5UUNCE,INC "' "'1111\\ - - - , . - - - ~.cL{C: I IJ:\ 1~)n;_~1ui-r:: c;f P'o~J'. CITY OF CLEARWA~'ER AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 Beckett Lake IDdge, Ltd., a Florida limited partnership (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 2155 Montclair Road, Clearwater, Florida (Address or General Location) 2. That this property constitutes the property for which a request for a: Land use plan anendIrent from RU to RIM (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint Roger A. Larson, Esq., of Johnson, Pope, Bokor, Ruppel & Burns, P.A., P. O. Box 1368, Clearwater, FL 33757-1368 as (hisltheir) 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 (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Beckett Lake IDdge, Ltd. By~~~~t Pro~ pwner STATE OF FLORIDA, COUNTY OF PINELLAS Robert Secre Before me the undersigned. an officer duly commissioned by the laws of the State of Florida, on this I ~ rh...> day of November .2003 personally appeared Robert T. Boyle * who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. ~ ~.~ Notary Public My Commission Expires: *as Secretary of Beckett Lake, Inc., General Partner of Beckett Lake IDdge, Ltd. s: application forms/development review/Affidavit to Authorize Agent ......"~tt\~:rv.t.. Jayne E. Sears f.rJi.\~ MYCOMMISSION# 00041066 EXPIRES ~.~w September 2, 2005 ",r..~f.,r.-:t.. BONDED THRU TROY fAIN INSURANC~ INC. EXHIBIT "A" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Disclosure of Interest Statement Interested Party/Entity: Interest: Beckett Lake Lodge, Ltd., a Florida limited Property Owner partnership Beckett Lake, Inc., a Florida corporation General Partner of Beckett Lake Lodge, Ltd. Michael Connor Corporate Officers of Beckett Lake, Inc. George K. Kidman Michael T. Wagner Bridget M. Blake Robert T. Boyle #304974 v1 EXHIBIT "C" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. ,\0 This is a request for a land use plan amendment from "RU" to "RLM". The parcel which is the subject of this request is currently developed as Beckett Lake Lodge, a 130-bed assisted living facilit~J.::ALF"). The applicant is the property owner and the operator of the ALF. Currently, ~f the ALF beds are "Alzheimers/Memory Support" beds. The applicant is requesting the additional density in order to be able to construct a separate building for an Alzheimers/Memory Support facility, which will further serve the excess demand being experienced by applicant, as well as allow for more affordable pricing for potential residents. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The property is currently zoned "MDR" which is compatible with the proposed land use designation. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The property to the north of the subject parcel is On Top of the World condominiums, which has a land use designation of Residential Medium (15 units per acre). The parcels to the south and west are RU (7.5 units per acre). To the east is the Beckett Lake Nursery. The "RLM" designation, and the use as ALF, is an appropriate transition between the single-family developments to the south and the multi-family to the north. The impact to the single-family development to the west will be minimal due to the fact that the new Alzheimers/Memory Support facility will be constructed along the east property line. The use as an Alzheimers/Memory Support facility will further compliment the accommodations and services being provided to the community by the applicant. Applicant has also commissioned a Market/Feasibility Analysis of the Clearwater Area which shows adequate demand to support additional Alzheimers/Memory Support beds. 4. Sufficient public facilities are available to service the property. Due to the passive nature of the use as an adult living facility, the increase in density by 2.5 units per acre will not create any adverse impact on public facilities, such as schools or transportation facilities. 5. The amendment will not adversely affect the natural environment. The applicant will seek flexible development approval and site plan approval for the proposed expansion of the existing development. Staff will be able to confirm that the project is designed to minimize impacts on the natural environment. 6. The amendment will not adversely impact the use of the property in the immediate area. The amendment will not affect the current use of the property, nor impact the surrounding area. #304980 v1 - BeckettLake/Ex C to LUPA App ~ I .1 . " .J .1 ; :~ ., t " . .j . ~ ;1 1 1 ~ I I I I I , I j I I 1-- P,\GES _~ ACCT~~ ReC v...Ad . O::'.?'9 tx)[), rn r"!.> I~f ----- nil 1Mb __t prtpIred by FEES ------- .., rd1ln tu: ~.ITF ==== DllvidA.B.:an.Esq. PiC __ 29S9Fi1'3tAwnucNorth R~\: _ St. Pdersbur<> Florida 33713 - ---GPoI-A C"l"- 'eo "'" L ~ Cl---' , C!-\'-S4L TOTIl: f1.010.5'O '::~~J.':MT~-~ WARRANTYDEED p om<(fii.1EHIJEm): $7,010.50 -KJ t-" , 4\ NTlI~:"" '.00 TInS WARRANTY DEED is e and executed this~dayofSepteAY~~tween the parties named as Gnmtor and as Grantee below: KREEH F. II: 1i1:ER. I1.ERK IF amr PIIfI.I.fIS lIUfiY, FlIRIM 9C6lOOl9 11-2lH!OCO 09:ffi:12 JIF 51 I&IEDm IJi(E I.llIXI ~ II: I{: 9'6: mDlDIIG 0021'1ml 1 !XC STtW - Jm9 3 EPG: tlO.50 f/,OOO.OO t GRANTOR: ASCOT DEVELOPMENT CORPORATION. aFJorida corporation GRANTEE: BECKElT LAKE LODGE. LID" a Florida limiled partnership GRANTEE ADDRESS'. 2901D:...sby Lane ~PN1t.1.~1j~oNOVsK2a-2000 10: 0 1_~ ~ 1......J.JJ.2SIIPO 178 Safety Harbor, FL 34695 WIT N E SSE T H: TIIAT the undersigned GRANTOR, for and in consideration of the sum ofTEN DOLLARS ($10.00) and for other good and Yaluable consideration paid by the GRANTEE, the receipt and sufficiency of which am hereby acknowledged byGRANTOR, has granted, borgained, soJdand conveycd,and bythisiustrummtdoesgrant, bllrgain, seD, convey and confirm. unto GRANTEE, and to the assigns and successors ininterest ofGRANTEE, oil that certain real property descn'bed below: LEGAL DESCRIPTION: Tbe Northeast V4 of the Southeast U4 of tile Northeast V4 of Semon I, Towu&fp 29 Soutll, Ruge 15 Eut, PiReUas COUlty, Florida; together witll the East 17.41 feet of the Northwest V4 oCtile So1ltheast V4 oCtile Northeast 1/4 of Sectioa I, Tow.sltip 29 So.t., RAllge 15 East, Pieella Coauly. Florid.. LESS road right orway. TAX PARCEL ID: 01129/15/00000/140/0100 . SUBJECT TO: 1. 2, 3. Taxes for the year 2000 and all subsequent yeam Conservation Easement Agteement recorded in O.R. Book 9313, Page 398, Development Agreement by and between Helen L. Brown. 1udith Dennis, Glenda , ' I. r .1 I I . . . ',-,.,. , I , . . .t';. ~ ....:-- - . -. !. PINElLAS COUNTY FLA OFF" .REC.BK 1112S PG i79 AND GRANTOR does covenant and wamntthat GRANTOR is lawfully seized of the subject premises, free 1i'om all claims, Hens or m:umb:m:e& except those herein-abovc stated. with good 8JJd Jawful right, power and authority to bcrcby convey the same to GRANTEE; and GRANTOR further hereby warrants the title to the land above described, aud will defend the same agaimt the lawful claims of all persons whomsoever. INWlTNESS WHEREOF. the GRANfORhns caused this WARRANTY DEED to be duly executed upon the date first above written. Witnesses: ASCOT DEVELOPMENT CORPORATION. a Florida corporation By: //d JOIpf'D. wn.sON. its President ~ I EnI~ I'tiItGdNno: ~. EJ>wA-R...n-S . } I I .r !?~~ PMcdHsaoe: C.f~Kt""1 I'Jn/('~ ()fNeI1S- STATE OF COUNTY OF ~Gt.-~ ~v,l.~ I I I I 1 1 BEFORE ME pcrsooal1y appeared .JOHN D. WlLSON to me weU known or who has produced his driver's license IS identification. and mown to be the individual described In and \\110 executed the foregoing instrument IS President of ASCOf DEVELOPMENT CORPORATION.. Florida c:orpontion. severally aclmowledpdto and befOfC me chat heeucufAldsuc:h instrument 85 an officer of said corporati.OII, and that the seal affixed to the foregoing instrument is the cocporate seal and dill it wu affixed by due and regular &:oI'pClIll1O authority 8I1d that said instrument is the free act and deed of said corponItioo. \\"......................""&.-..-.20>>. if) MyCOlllmission~ ~ c,,'l tQ.e~j1 i7 et CA f- ~ cf..e-, ~t- ~~ NOfARYPUBLIC ...... , " '.. . .".~. ".0- . I . ..:...."'~.~. _.....-...,~.-,;-;...;i,:.....:..~..~.~.~.~. .... - '.~:~'t' ~. ,," l' EXHIBIT "B" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION The Northeast % of the Southeast Y4 of the Northeast Y4 of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida; together with the East 17.41 feet of the Northwest Y4 of the Southeast Y4 of the Northeast Y4 of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the NE Y4 of the SE Y4 of the NE Y4; thence run S. 000 35'54"E., a distance of 673.75 feet to the SE corner of the NE % of the SE Y4 of the NE %, thence N. 89021'41"W., a distance of 688.73 feet to the east line of Beckett lake Estates as recorded in Plat Book 65, Page 95, Public Records of Pinellas County, Florida; thence N. 00032'59" W., along said east line of Beckett lake Estates, 670.97 feet to the south right-of-way line of Montclair Road; thence S. 89035'32" E., along said south right-of-way line, a distance of 688.11 feet to the point of beginning. Beckett 4!4i9cJ.p~f P(;.q.etd:1wa ter Item to be Paid - Description ..~-~-----~-,,-~-----_._.__..__....__..._~-_..__..__._- n/18/03 Check Number: Check Date: 2524 No.002524 N ov 13 I 2 003 Check Amount: $ 885 . 00 Discount Taken Amount Paid --..-----..-- --'.-' ----~._---_. .-- --- _.--- --~----_.._-_...__.__._---------_._-_.__._-~.------ -- -----_._------~..._- 885.00 . CDB Meeting Date: February 17, 2004 Case No.: LUZ2003-11013 Agenda Item: El CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: SITE INFORMATION: PROPERTY SIZE: DIMENSIONS OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Beckett Lake Lodge, Ltd Roger A. Larson 2155 Montclair Road, located on the south side of Montclair Road, approximately 1,000 feet west of Belcher Road. To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Residential Low Medium (RLM). 257,439 square feet or 5.91 acres 688 feet wide by 670 feet deep m.o.I. Assisted Living Facility Assisted Living Facility Residential Urban (RU) Residential Low Medium (RLM) Medium Density Residential (MDR) Same North: Multi-family residential and Open space South: Single-family residential & Beckett Lake East: Single- family residential and Outdoor retail sales & display West: Single-family residential Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11 0 13 - Page 1 ANALYSIS Introduction The Future Land Use Plan amendment application involves a 5.91-acre portion of (me. (1) parcel .Qf land~ which is approximately 10.I-acres in its entirety, and is occupied by an assisted living facility containing 130 beds. The remaining 4.19-acres of the parcel is not included in this application and is designated Preservation (0.72-acres) and Water/Drainage Overlay (3.47-acres). The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Residential Low Medium (RLM) category in order to receive an increase in density and permit the construction of a new assisted living facility housing up to 45 new beds. There is no change requested to the current zoning classification, which will remain MDR, Medium Density Residential and is consistent with both the existing and proposed Future Land Use Plan Classification. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of Co!!.!!ty CO!!Lrnissio!!ers ~cti!!g !!s thE.:" Countywide Planning Authority. Based on the acreage involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. 3.2.1 Objective - Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. 13.5 Objective - Continue to provide zoning and land use regulations which allow the establishment of group homes, foster care facilities and special needs housing subject to minimum State requirements. 13.5.2 Policy - Encourage and assist human services agencies and other community groups in developing special living facilities at a level appropriate to Clearwater's population and needs. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is therefore consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 2 II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential Low Medium (RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum often (10) dwelling units per acre. Secondary uses permitted in Residential Low Medium areas include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non- residential and recreation and open space uses. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-603.F.3] Montclair Road Corridor In the location of the subject site, Montclair Road is a two-lane undivided roadway with traffic signals at Belcher Road to the east and Hercules Avenue to the west. The Montclair Road corridor in this area between Belcher Road and Hercules Avenue is characterized by residential, commercial and institutional uses. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Montclair Road as Residential Low, Residential Urban, Residential Medium, Recreation/Open Space and Preservation. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding areas to the east is Residential Low (RL) and Preservation (P), while the areas to the south and west are designated Residential Urban (RU). The Residential Medium (RM) and Preservation (P) categories are located to the north. The existing surrounding uses include single-family residential dwellings to the east, west and south, as well as outdoor retail sales and service to the east and Beckett Lake to the south. Multi- family residential dwellings are located to the north. The proposed future land use plan amendment and rezoning are compatible with the surrounding uses due the residential character of the use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-603.F.5] As stated earlier, the subject site is approximately 5.91-acres. Based on a maximum permitted density in the current RU category of 7.5 dwelling units per acre, 44 dwelling units, or 132 residential equivalent units, are currently permitted to be developed on the site. Based on the maximum permitted density in the proposed RLM category of 10.0 dwelling units per acre, a Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11 0 13 - Page 3 maximum of 59 dwelling units, or 177 residential equivalent units, would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 45 residential equivalent units on this site from the existing permitted density. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. MA*lMUMPOTENTIAL TRAFFI€ Current Ei~istiIl.g Proposed Net New Belcher Rd between MontclairRd and Sunset PijilltRd Situatioll ..... Plan~ Plan2 Trips Maximum Daily Added Potential Trins N/A 413 372 (-41) Maximum PM Peak Hour Added Potential Trins3 N/A 51 46 (-5) Volume of Belcher Rd b/w Montclair Rd and Sunset Point Rd 32,528 32,941 32,900 (-41) LOS of Belcher Rd b/w Montclair Rd and Sunset Point Rd C C C C NI A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of70 trips per day per acre for the Residential Urban Future Land Use Plan Category. 2 = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Belcher Road segments in the vicinity of this site a level of service (LOS) C. The proposed land use amendment will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 4 Existing Zoning/Future Land Use Plan 132 beds 344 N/A 47 N/A Proposed Zoning/Future Land Use Plan 177 beds 461 117 63 16 Other Possible Permitted Uses Residential Condominum/ Townhouse (230) (5.86 tri sidwell in unit Single-family Detached Housing (210) 9.57 tri s/dwellin unit 59 units 345 1 31 ( -16) 59 units 564 220 60 13 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network, as the traffic generation associated with the proposed amendment will not exceed 1 % of the existing PM Peak hour trips of Belcher Road. In addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within ~ mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along Belcher Road. Water The current future land use plan classification could demand approximately 12,000 gallons per day. Under the proposed future land use plan classification, water demand could approach approximately 15,750 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for water. Wastewater The current future land use plan classification could demand approximately 9,600 gallons of wastewater per day. Under the proposed future land use plan classification, sewer demand could Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 5 approach approximately 12,600 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for wastewater. Solid Waste The current future land use plan classification could result in 121 tons of solid waste per year. Under the proposed future land use plan classification, there could be approximately 159 tons of solid waste generated per year. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing assisted living facility and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. In addition, the Preservation zoning district located on the southern portion of the subject parcel is not included as part of this application and will be preserved into the future. VI. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1 & 4-602.F.I. and .2.] The proposed RLM future land use plan classification permits a density of 10.0 dwelling unit per acre, while the existing RU future land use classification permits a less intensive density of 7.5 dwelling units per acre. The size of the subject site is 257,439 square feet and exceeds the lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the assisted living facility use in the MDR zoning district. Therefore, the parcel meets the size requirements of the proposed District and the existing uses are permitted in the Institutional District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property as an assisted living facility is consistent with the Medium Density Residential zoning district regulations. Staff Report - Community Development Board - February 17,2004 - Case LUZ2003-11013 - Page 6 SUMMARY AND RECOMMENDATIONS: ~ An amendment to the Future Land Use Plan from Residential Urban (RU) to Residential Low Medium (RLM) for the subject property is being requested in order to allow the expansion of an existing assisted living facility. The neighborhood is surrounded by single-family residential dwellings to the south, east and west, as well as outdoor retail sales and service to the east; and multi-family residential dwellings to the north. The proposed Residential Low Medium Future Land Use Plan classification is consistent with the existing MDR, Medium Density Residential zoning district and with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 2551 Montclair Road from Residential Urban (RU) to Residential Low Medium (RLM). Prepared by Planning Department Staff: ti4Jk-:-- Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning DepartmentlC D BILand Use AmendmentsILUZ 20031LUZ2003-1 1013 Beckett Lake Lodge,lnc 2155 Montclair RdILUZ2003-1 1013 Beckett Lake Lodge staff report. doc Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 7 \ City Commission Agenda Cover Memorandum ,~ TrackirigNumber: 467 Actual Date: 03/18/2004 Subject / Recommendation: APPROVE the Land Use Plan Amendment from~esidential Urban (RU) to Residential Low Medium (RLM) for property located a} ~15~'Mont.dair'~~,;(A portion of Section 1, Township 29 South, Range 15 East) and PASS OrdinanCe No. 7270-04, to amend the Future Land Use Plan Map for this property. Summary: The Future Land Use Plan amendment application involves a 5.91-acre portion of one (1) parcel of land, which is approximately 10.1-acres in its entirety, and is occupied by an assisted living facility. The remaining 4.19-acres of the parcel is not included in this application and is designated Preservation (O.72-acres) and Water/Drainage Overlay (3A7-acres). The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Residential Low Medium (RLM) category in order to receive an increase in permitted beds and permit the construction of a new assisted living facility. There is no change requested to the current zoning classification, which will remain MDR, Medium Density Residential and is consistent with both the existing and proposed Future Land Use Plan Classification. The Planning Department determined that the proposed land use plan amendment is consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment is consistent with the Comprehensive Plan. o The proposed use is compatible with the surrounding area. . Sufficient public facilities are available to serve the property. . The applications will not have an adverse impact on the natural environment. Please refer to the attached report (LUZ2003-11013) for the complete staff analysis. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Based on the size of the plan amendment site, review and approval by the Florida Department of Community Affairs is not required. The Community Development Board reviewed this application at its regularly scheduled meeting on February 17, 2004. Residents from Beckett Lake Estates spoke at the public hearing. One resident supported the amendment and indicated that Beckett Lake Lodge is an excellent neighbor. Others in attendance were not as supportive. Generally neighbors focused on the fact that permitted density on this property had increased through a land use plan amendment in 1995 (when located in Pinellas County) and later through a Countywide Rule/Code change that increased the number of beds considered to equal one dwelling unit. They believe that any additional increase is unwarranted. The Community Development Board recommended approval by a vote of 6-0 and one abstention. Originating: Planning SectiQn Quasi-judicial public hearings Category: Annexations, Land Use Plan and Zoning Number of electronic documents attached: 7 Public Hearing: Yes City Commission j.\genda Cover Memorandum Advertised Dates: 02/01/2004 Financial Information: Review Approval Leslie Douaall-Sides Bill Horne Cvndie Goudeau Garry Brumback 03/14/2004 02-26-2004 14:08: 19 03-04-2004 21:43:40 03-05-2004 08:11:57 03-03-2004 11:09:22 ORIGINAL CDB Meeting Date: February 17. 2004 Case No.: LUZ2003-11013 Agenda Item: E 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: REPRESENT ATIVE: LOCATION: REQUEST: SITE INFORMATION: PROPERTY SIZE: DIMENSIONS OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: Beckett Lake Lodge, Ltd Roger A. Larson 2155 Montclair Road, located on the south side of Montclair Road, approximately 1,000 feet west of Belcher Road. To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Residential Low Medium (RLM). 257,439 square feet or 5.91 acres 688 feet wide by 670 feet deep m.o.I. Assisted Living Facility Assisted Living Facility Residential Urban (RU) Residential Low Medium (RLM) Medium Density Residential (MDR) Same North: Multi-family residential and Open space South: Single-family residential & Beckett Lake East: Single-family residential and Outdoor retail sales & display West: Single-family residential Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page I ANALYSIS Introduction The Future Land Use Plan amendment application involves a 5.9I-acre portion of one (1) parcel of land, which is approximately IO.I-acres in its entirety, and is occupied by an assisted living facility containing 130 beds. The remaining 4.19-acres of the parcel is not included in this application and is designated Preservation (O.72-acres) and Water/Drainage Overlay (3.47-acres). The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Residential Low Medium (RLM) category in order to receive an increase in density and permit the construction of a new assisted living facility housing up to 45 new beds. There is no change requested to the current zoning classification, which will remain MDR, Medium Density Residential and is consistent with both the existing and proposed Future Land Use Plan Classification. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.I] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. 3.2.1 Objective - Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. 13.5 Objective - Continue to provide zoning and land use regulations which allow the establishment of group homes, foster care facilities and special needs housing subject to minimum State requirements. 13.5.2 Policy - Encourage and assist human services agencies and other community groups in developing special living facilities at a level appropriate to Clearwater's population and needs. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is therefore consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-ll 0 13 - Page 2 II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential Low Medium (RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of ten (10) dwelling units per acre. Secondary uses permitted in Residential Low Medium areas include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non- residential and recreation and open space uses. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-603.F.3] Montclair Road Corridor In the location of the subject site, Montclair Road is a two-lane undivided roadway with traffic signals at Belcher Road to the east and Hercules Avenue to the west. The Montclair Road corridor in this area between Belcher Road and Hercules Avenue is characterized by residential, commercial and institutional uses. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Montclair Road as Residential Low, Residential Urban, Residential Medium, Recreation/Open Space and Preservation. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding areas to the east is Residential Low (RL) and Preservation (P), while the areas to the south and west are designated Residential Urban (RU). The Residential Medium (RM) and Preservation (P) categories are located to the north. The existing surrounding uses include single-family residential dwellings to the east, west and south, as well as outdoor retail sales and service to the east and Beckett Lake to the south. Multi- family residential dwellings are located to the north. The proposed future land use plan amendment and rezoning are compatible with the surrounding uses due the residential character of the use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-603.F.5] As stated earlier, the subject site is approximately 5.91-acres. Based on a maximum permitted density in the current RU category of 7.5 dwelling units per acre, 44 dwelling units, or 132 residential equivalent units, are currently permitted to be developed on the site. Based on the maximum permitted density in the proposed RLM category of 10.0 dwelling units per acre, a Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11O 13 - Page 3 maximum of 59 dwelling units, or 177 residential equivalent units, would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 45 residential equivalent units on this site from the existing permitted density. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. MAXIMUM POTENTIAL TRAFFIC Current Existing Proposed Net New Belcher Rd between Montclair Rd and Sunset Point Rd Situation Plan I Plan2 Trips Maximum Daily Added Potential Trips N/A 413 372 (-41) Maximum PM Peak Hour Added Potential Trips3 N/A 51 46 (-5) Volume of Belcher Rd b/w Montclair Rd and Sunset Point Rd 32,528 32,941 32,900 (-41) LOS of Belcher Rd b/w Montclair Rd and Sunset Point Rd C C C C N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of 70 trips per day per acre for the Residential Urban Future Land Use Plan Category. 2 = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Belcher Road segments in the vicinity of this site a level of service (LOS) C. The proposed land use amendment will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - Community Development Board - February 17,2004 - Case LUZ2003-l1013 - Page 4 Existing Zoning/Future Land Use Plan Existing Use N/A 47 N/A Nursing Home (620) 13 2 beds 344 (2.61 tri s/beds Proposed Zoning/Future Land Use Plan Proposed Use 63 16 Nursing Home (620) 177 beds 461 117 (2.61 tri s/beds Other Possible Permitted Uses Residential Condominum/ 59 units 345 1 31 ( -16) Townhouse (230) 5.86 tri s/dwellin unit 59 units 564 220 60 13 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network, as the traffic generation associated with the proposed amendment will not exceed 1 % of the existing PM Peak hour trips of Belcher Road. In addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within ~ mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along Belcher Road. Water The current future land use plan classification could demand approximately 12,000 gallons per day. Under the proposed future land use plan classification, water demand could approach approximately 15,750 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for water. Wastewater The current future land use plan classification could demand approximately 9,600 gallons of wastewater per day. Under the proposed future land use plan classification, sewer demand could Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 5 approach approximately 12,600 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for wastewater. Solid Waste The current future land use plan classification could result in 121 tons of solid waste per year. Under the proposed future land use plan classification, there could be approximately 159 tons of solid waste generated per year. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing assisted living facility and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. In addition, the Preservation zoning district located on the southern portion of the subject parcel is not included as part of this application and will be preserved into the future. VI. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1 & 4-602.F.I. and .2.] The proposed RLM future land use plan classification permits a density of 10.0 dwelling unit per acre, while the existing RU future land use classification permits a less intensive density of 7.5 dwelling units per acre. The size of the subject site is 257,439 square feet and exceeds the lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the assisted living facility use in the MDR zoning district. Therefore, the parcel meets the size requirements of the proposed District and the existing uses are permitted in the Institutional District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property as an assisted living facility is consistent with the Medium Density Residential zoning district regulations. Staff Report - Community Development Board - February 17,2004 - Case LUZ2003-11013 - Page 6 SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Residential Urban (RU) to Residential Low Medium (RLM) for the subject property is being requested in order to allow the expansion of an existing assisted living facility. The neighborhood is surrounded by single-family residential dwellings to the south, east and west, as well as outdoor retail sales and service to the east; and multi-family residential dwellings to the north. The proposed Residential Low Medium Future Land Use Plan classification is consistent with the existing MDR, Medium Density Residential zoning district and with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 2551 Montclair Road from Residential Urban (RU) to Residential Low Medium (RLM). Prepared by Planning Department Staff: .ti4JJ-:--- Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning Departmentle D BILand Use AmendmentsILUZ 2003ILUZ2003-11013 Beckett Lake Lodge, Inc 2155 Montclair RdILUZ2003-11013 Beckett Lake Lodge staff report. doc Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-l1013 - Page 7 o Aerial Photograph Owner. Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Properly Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR A tlas Page: 253B // ,,," ~;'" ,', , ""'" "":, "'-.. - ,-' ~- -----, ;-----. 81,-:__, ~---:2" ,---~~., ['----: ttJ I '. - ~, C\1 ~ ., , I'T1 ' :. .,' "" '~:. o ~ ""'I ""'I r- ):. ~ tJ ~ ~ 5 " " :. --: r; _.,- ---~: b- :_--,~ ~-~-~ - <'I <'I '" '" c:; RLM 19';/9- u., , , , . , , ,- - - ~- RU ~96~ ,. ~ : ; ,---. ,. - - -- , " ,-----, ,u ~-_:-~ c:; ,. - - -- , ' , ' ,. , , " -' " , SUN TREE DRIVE '" ,- ---, ,::; ~ -- , '<'I - ~ -. :-- --- ? ~ : .E '" , -t".--.":.----, ,---_., , , ", ' , , '. -_.' ~-----, ~----~ ~ ' Qi I :. .1- ~-' ._-'.... _) ,. -- --, :. I, , , .. - -- o ~ ~ o g .' , " -:--I~ ..- - -, , , , , , , Future Land Use Plan Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11 0 13 Site: 2155 Montclair Road From: To: Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 RU MDR RLM MDR Atlas Page: 253B i ...", "... . "'\ " ..' " " , .' "" "" ",' ..,' ", . : /' ~I , '-""'" "\"':', , , , , " :- -: - _1- -1_ :__.-~ .,. 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I \ \ ~.. \ \ \ Water Existing Surrounding Uses Owner: Beckett Lake Lodge, Incorporated Site: 2155 Montclair Road Land Use From: RU To: RLM Case: Property Size(Acres): Zoning LUZ2003-11013 5.91 PIN: 01/29/15/00000/140/0100 MDR MDR Atlas Page: 253B - - SJ '----------l~ LAKEWOOO. . >00 ...... t:i. 2ir------l d PINEHURST OR 121 ~....RI[)G!\\I;'D DR ..I OR PALM OR AllARD iil ( STREET SETON 2i c:::=:::=J ~ ~ CALUMET ST ~ '" U '!i ~ Location Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR Atlas Page: 253B Property to the west Property to the south Property to the north ---- . -- - Site view from the north Property to the east Beckett Lake Lodge, Ltd LUZ2003-11013 2155 Montclair Road OR ( STREET i'i ~ SETON ~ Z ~ ~ c::==:J ~ ~ MONICA ~ ~ ~c=J ~ ~ FRANCIS ~ r---I~ ~ DAWN 0 ~~RA':'~. ~ o i c: E "(J::J i ~ ~ ~ ffi ~ u G-<'oN 5 DR :c i= I ~~~~I CALUMET ST ~ ~ u ~ ~ ~ ;t Location Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR Atlas Page: 253B Aerial Photograph Owner. Beckett lake lodge, Incorporated Case: lUZ2003- 11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RlM MDR Atlas Page: 253B ,"..' ", ..- -, , " ", "'..~ "....;"........ -' UTOP 'AN DRIVEW 81.-:__, ~---:2" ;--~S-I ['----: 1.__ C\l, C"l ,,-, : . :_ _1- ':_,_ _,- - "..:- 5 I, ,I :- -- ~ RU )96~ , ' :_--( 9 " --' j _ _ _ _, _ ~- -. r". ,~ ___J: ~- :___,~ ~ -~ _ ~ .ro. ~ '" '" .- --. ,-- I ~--;-~ '" SUN TREE DRIVE '" - -- -, 1:::-'" __ 1-: ;C\l - ~ '- - - -- ~-----I ~----~ Q.l I Q.l I , ,-11__ I :_ - 1- . ': _ ~I' '" J--.~ _h--' a .,. '" .' , , , , -- :--Ig~ ~ a ~ , , : '''~A MONT IR ROAD "' "' c:; , '. RLM " , . ..' ~ 19~:-::- o ~- ': " :_h_: rn :.m~ ""l :. : "--I :_ __ __:- r- ,hm )::.. 1-: : ~ ' .- o ' " ~ ' 5:: ;-----: I'Ti . '; : I___J ,- - - - ~I , , .- ' , " I-----~ ~--I_~_ : ;: C\l . 1- . 193r' ,----- Future Land Use Plan Map Case: LUZ2003-11013 Owner: Beckett Lake Lodge, Incorporated Property Size(Acres): 5.91 I 01/29/15100000/14010100 Site: 2155 Montclair Road Land Use From: RU To: RLM Zoning PIN: MDR MDR Atlas Page: 253B " ',\ ",-''-'" .,,--::' , " ....' ;' " -, '~ "'''~''.. . , ....,' ,--I , , -,--,- ,-~ __I-~ o o , /,/"-,::: ,.,............ ." . ...,,"'././"" -15 : , . , . , . .::.., "" ........ ..,;, " .... , '. .....,' ,..." RM-15 ,--' '-~ -1__,-____.. ;-~ _----I__---........~ -'...---,___.--___ UTOPIAN DR W LMDR MONTCLAIR RD ----~ 1----- , ' , " ~-.....-~ :"-~-E ~~~~-) :--~~~~ [~~~: r.~,) 5 , ' L___I 9--~, ,-- --- -- I 3 ,~-, " - __ _...' co -' '----~ '" r. ..- , ... ---C<oI '-- '" , , :-._I-~ '" SUN TREE DR --, , '" -, I.... ...__ ,'" , -----;..-----, ~ ~ : -_..--,,::-,---' '" ~ r~-';-: ~--~-,_-_-:] , ' 1- ~ , , , , , t!13B 1- --I " , , ' .- . -. ' c ;j; . j - --: , , 1- -I ~ - "1'936 .- , '" ~ '" .-, . , '-' ~ ~ ~ - --I , ' MDR c '" ~%8 ,- " , , , 1_- _I OJI I'll o ~ ~ !b ~ t:J ::0 -- - - - 1 , , '- , - , , , :- - ---; - ---I , , .- '-, '- - - ~I .-' " , -. , of I-,_r~ '" p , - , ' . .. lm-' ...-. ... 1 1_... : " , Zoning Map Case: Owner. Beckett Lake Lodge. Incorporated Property Size(Acres): Site: 2155 Montclair Road From: To: Land Use RU RLM Zoning " .... . - . ,- ---. . . ,I ~- , , . . . . . . , . , . , , . . < . . , . , . . , . .....-..' RPD-7.5 LUZ2003-11013 5.91 PIN: 01/29/15/00000/140/0100 MDR MDR Atlas Page: 253B , /" ' ""'" "", /"'/,~>' ,,/ //:' M ..lti- fa-WilY"'''': ,", '<"" r side,niial """" , :- .... '" .." ~.. .";",.. ',\ ,,' ,,; '.., ': , "" .." " " ',,' ......" \...,,: , , , , " Open space .-:-, ,-.-' UTOPIAN DR W MONTCLAIR RD L.', 5 : ~ - - _:- 9-\ .-- ~ - --, , '. . , . . ~ . ,- - --' I-I I : - - - ~I ~ '" - - --, .' , . .- -, -- "J930 2 ;S o '" ;-- - --, , . . . "' "' ~ ,-, . , , .. " ..... , . , . , , = ~ ':= Io'ot ./~ j: /......r..c ." l, Q , "d'-'~ "C 'i-l 111 =~ o ~ ............ tt.- -., ~~ ~.... ..~ ~.... I \ \.~ Water \ \ \ 1- - - --I :--.,~. C}::",/,: Existing Surrounding Uses Case: LUZ2003-11013 Owner: Beckett Lake Lodge, Incorporated Site: 2155 Montclair Road Land Use From: RU To: RLM Property Size(Acres): 5.91 Zoning PIN: 01/29/15/00000/140/0100 MDR MDR Atlas Page: 253B 2x2 Map Owner: Beckett Lake Lodge, Incorporated Site: 2155 Montclair Road Case: Property Size (Acres) : From: To: Land Use RU RLM Zoning PIN: MDR MDR Atlas Page: LUZ2003-11013 5.91 01/29/15/00000/140/0100 253B ORDINANCE NO. 04-35 ::~.,: C; h..} =-" C:t ,-n'1 !::-,. ;r' AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LA'1>tP -< USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION,c:Q.N co CASE NUMBERS CW 04-23 AND CW 04-24 INITIATED BY .:t~E :b> CITY OF CLEARWATER AND TRANSMITTED TO THE BOARgJN ~ ACCORDANCE WITH THE SPECIAL ACT; PROVIDING ::E9:~ :? AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABUi"rpy; ? PROVIDING FOR FILING OF THE ORDINANCE AND FOR AN EFFECTIVE DATE :I:.';;-'" '"~.. tt ft .J ., .;.;~~~ "'~..,....... y jj ~ ~=, WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Count ywide, Planning Authority; and WHEREAS, notices and advertisements of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on April 21, 2004, with recommendation made by the Council that is documented in the Council report referred to as Attachment A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached. APPROVED AS TO FORM i;""\"'~ qr' F (--"l=C-I"'\i i FTY ATTr\Q ~l .l;'.f ,...,r-j ,,,,(~__'. . ......\,..1, . ,r"..!, n~._. By JLj~m1J'! _.;-. _- _'_-" J "- ""-" ,~ PINELLAS PLANNING COUNCIL.: AGENDA MEMORANDUM ~ I AGENDA ITEM: IV B-4. SUBJECT: From: To: Area: CASE #: JURISDICTION: LOCATION: TYPE: MEETING DATE: Apri121, 2004 Proposed Amendment to the Countywide Future Land Use Plan Map Residential Urban - RU Residential Low Medium - RLM 5.9 acres CW04-24 City of Clearwater (LUZ2003-11 0 13) South side of Montclair Road, approximately 1,000 feet west of Be1cher Road Level I-Type C Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Medium Be Approved Pursuant to the Official Acceptance Process. 1. FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level I subthreshold amendments of the Countywide Plan Map. I PINELLAS PLANNING COUNCIL ACTION: I COUNTYWIDE PLANNING A UTHORITY ACTION: I :\USERS' WPDOCS'LU'.CASES\04 cases'April ,CW04-24 .c1w .doc , SUBJECT: Case CW 04-24 - ~learwater B. In particular, this amendment qualifies as a "Level 1 - Type C" subthreshold amendment, based on the amendment being less than or equal to ten (10) acres in size that involves a residential plan designation that permits a density of ten (10) units/acre or less, and is therefore eligible for approval under the official acceptance process. In consideration of and based upon these findings, it is recommended that the proposed amendment be approved. IL BACKGROUND This amendment has been submitted by the City of Clearwater to the Council for Official Acceptance in accordance with the Countywide Rules. The amendment from Residential Urban to Residential Low Medium will allow an increase in density on the parcel and permit the construction of a new assisted living facility housing up to 45 new beds. Parcel ID#: 01-29-15-00000-140-0 I 00 Existin~ Use: Assisted Living Facility Proposed Use: Assisted Living Facility Subthreshold Type - "Levell-C" Section 5.3.4.1 of the Countywide Rules defines a Levell - Type C subthreshold amendment as an amendment of ten (10) acre or less that involves a residential plan designation that permits a density often (10) units per acre or less. Levell - Type C subthreshold amendments are subject to an annual aggregation limit of thirty (30) acres. When combined with previous amendments, Clearwater's subthreshold amendment total for the year 2004 is 6.6 acres. Subthreshold Amendment Review Policy It is the policy of the Council, consistent with the purpose, procedure and threshold determinants of the Countywide Rules, that subthreshold amendments will be removed from the official acceptance procedure only for substantive reasons related to the Countywide Plan and Rules. Local Government Transmittal On March 18, 2004, the City Commission of the City of Clearwater, acting as the applicant local government, gave approval to amend the City's Future Land Use Map and authorized an application for amendment of the Countywide Plan Map. 2 SUBJECT: Case C'\f" 04-24 - Clearwater Planners Advisory Committee The PAC will meet on April 12, 2004, to discuss this case. III. LIST OF MAPS & ATTACHMENTS Map I Location Map 2 Countywide Plan Category & Jurisdictional Map - Black & White Map 3 Aerial - Black & White Map 4 Countywide Plan Category - Color Attachment I Attachment 2 Attachment 3 PPC Disclosure of Interest Form Local Government Transmittal Package Draft PAC Minutes (to be provided after PAC) 3 ......., "'- PASCO COUNTY ......., ~ z => C> tJ '" " => li! C> '" ~ :: MAP 1 CASE NO. CW04-24 ~ ~ PINELLAS PLANNING COUNCIL GRAPHICS PREPARED BY THE OFFICE OF THE PINELLAS COUNTY PROPERTY APPRAISER, JIM SMITH Produced by MEDIT V2.1, Copyright 1991,1992 Pinellas County, Florida Property Appraiser. All Rights Reaerved. MAP 2 PROPOSED AMENDMENT CASE NO. CW04-24 FROM: Residential Urban (RlJ) TO: Residential Lew Medium (RLM) ACREAGE: 5.9 ~ CITY' OF CLEARWATER SCALE: I" = 4-00' ~I PI~~~RED ~}~~~.!:I~p:~?~:'!E: APP~ = s=n GRAPIDCS CREATED USING MEDIT VERSION 2.1 @ CASE NO. CW04-24 MAP 3 N * NOT TO SCALE z -' ei o OJ u ~ a ~~ wj ~ a: I ~ w ~ -c ..J 0- 0- W ~ u Ii! ..IXED USE RESIDENTIAL LOW IlEDIml RESIDENTIAL/ OFFICE/RETAIL ~~:g~D I." . ..... J ~~itmAL I".;I~~~ RESIDEtmAL IlEDWII ~:g~'RAL RESIDEtmAL IDGH RESIDEtmAL 0"" RESORT VERY mGH .... FACILITIES " OVERlAY RESlDEtmAL L01I D=tmAL RESORT FACILITIES IlEDIUII .'. RESORT FACILITIES IDGB FROM: TO: DRU RESIDENTIAL URBAN RLM RESIDEN'l'lAL LOW IlEDIUII ACREAGE: 5.9 CO....ERCIAL PUBUC/SEMI-PUBUC SPECIAL DESIGNATION ~ WATER/ DRAINAGE FEATURE ~ SCENlC/ NON-cbIlllERCIAL CORRIDOR ~ ACTIVITY CENTER/ ~ ~ARY ~ORTATIONI ~)i.i;c~@~';~ ~IIENT COIlllERC1AL NEIGHBORHOOD PRESERVATION COIlllERC1AL UIIITED I.. ......... ...................................1 RECREATION / _:~<-,_:~'"'~ OPEN SPAcE ~...>... , :::'.'_:-;-'::_-::::-:.:.',~ ................ ....... '.' ................................. INSTITUTIONAL ,,".::.....:'.......,. COIlllERC1AL RECREATION ~..ko~q COIlllERC1AL '.;' GENERAL CENTRAL BUSINESS DIS'l'Rlcr INDUSTRIAL INDUSTRIAL UllITED J [ MAP 4 CASE NO. CW04-24 INDUSTRIAL GENERAL r ) GRAPIDCS PREPARED BY THE ornCE OF Tn PlNRl.l.A:3 COUNTY PROPERTY APPRAISER. JIM SMITH GRAPmcs PREPARED usnro- IlEDIT VERSION 2.1 . PINELLAS Pb\NNING COUNCIL ~ SCALE 1" = 400' ATTACHMENT 1 EXHIBIT "A" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Disclosure of Interest Statement Interested Party/Entity: Interest: Beckett Lake Lodge, Ltd., a Florida limited Property Owner partnership Beckett Lake, Inc., a Florida corporation General Partner of Beckett Lake Lodge, Ltd. Michael Connor Corporate Officers of Beckett Lake, Inc. George K. Kidman Michael T. Wagner Bridget M. Blake Robert T. Boyle #304974 v1 ........... -' ATTACHMENT 2 ,~1~1";~~ ~,~..t~~ ..~~ ,\l/,~~ ~.. "-~f""mr:' 1. . :...,- ~""': .w:;.;. === ~.. ':\~~ - ~~ ~_?>J;;:~ ~,'S,~ ~~4TE~ '\~" 'I---~~'.' CITY OF CLEARWATER loNG RANGE PLANNING DEVELOPMENT REvIEw PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUlIDING, 100 SOlITH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (127) 562-4567 FAX (127) 562-4576 March 24, 2004 Received MAR 2 4 2004 Pinellas PIanDIIaI CouDdI Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-11013 - Application to Amend the Countywide Future Land Use Plan I>ear. Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan from the Residential Urban (RU) to the Residential Low Medium (RLM) Future Land Use Plan categories for 5.91 acres located at 2155 Montclair Road. This amendment was passed on first reading at the March 18, 2004 City Commission meeting, Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4587. Sincerely, ~ <A- ljOf/rt'-- Gina L. Clayton Long Range Planning Manager Attachments: Staff Report Site Maps Ordinance No. 7270-04 s: IPlanning DepartmentlC D BILand Use AmendmentsILUZ 2003ILUZ2003-11 013 Beckett Lake Lodge, Inc 2155 Montclair RdIPPC Transmittalltr L UZ2 003-1 0013 Beckett Lake Lodge 2155 Montclair Rd.doc BRlM J. AUNGST, MAYOR-COMMISSIONER HOYT H....\IILTON, VICE MAYOR-COMMISSIONER WHITI'\EY GRW, CO~lMISSIO:;ER FR....NK HIBBARD, COMMISSIOI'\ER (i) BII.I.]OI'\SON, CO~l~llSSIO:;ER "EQUAL EMPLOYMEI'-! A,'\D AFFIRMATIVE ACTIO" E\IPl.OYER" APPLICA TION FOR COUN'fYwIDE FUTURE LAND USE PLAN AMENDMENT Please complete all the information below as accurately as possible to ensure that the application for the land use plan amendment can be processed efficiently. Processing of the application will not be started until this form has been completed. If additional space is needed, please number and attach additional sheets. I. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation 2. Proposed Countywide FLUP Designation RU RLM II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) L UZ2003-11 013 RU MDR., Medium Density Residential RLM MDR III. Site Description 1. Parcel number( s) of area( s) proposed to be amended 01/29/15/00000/140/0100 2. Acreage 5.91 3. Location 2155 Montclair Road 4. Existing use Assisted Liyjnl!: Facility 5. Existing density 44 Dwellinl!: Units 6. Name ofproject (if applicable) None IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information 1. Submittal letter from the local jurisdiction to the Executive Director requesting amendment to the Countywide FLUP. 2. Disclosure of Interest Statement with names and addresses of the application! representative and property owner. x x 9. Plan Amendment Application. x X X N/A X X X 3. Proposed local ordinance number and status. 4. Staff report and local action to date. 5. Attach local plan and zoning maps. 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). 7. Legal description. 8. Map clearly indicating amendment location. ORIGINAL CDB Meeting Date: February 17. 2004 Case No.: LUZ2003-11013 Agenda Item: E1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Beckett Lake Lodge, Ltd REPRESENTATIVE: Roger A. Larson LOCATION: 2155 Montclair Road, located on the south side of Montclair Road, approximately 1,000 feet west of Belcher Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Residential Low Medium (RLM). SITE INFORMATION: PROPERTY SIZE: DIMENSIONS OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: 257,439 square feet or 5.91 acres 688 feet wide by 670 feet deep m.o.I. Assisted Living Facility Assisted Living Facility Residential Urban (RU) Residential Low Medium (RLM) Medium Density Residential (MDR) Same North: Multi-family residential and Open space South: Single-family residential & Beckett Lake East: Single-family residential and Outdoor retail sales & display West: Single-family residential Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 1 ANALYSIS Introduction The Future Land Use Plan amendment application involves a 5.9I-acre portion of one (1) parcel of land, which is approximately IO.I-acres in its entirety, and is occupied by an assisted living facility containing 130 beds. The remaining 4.19-acres of the parcel is not included in this application and is designated Preservation (0.72-acres) and Water/Drainage Overlay (3.47-acres). The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Residential Low Medium (RLM) category in order to receive an increase in density and permit the construction of a new assisted living facility housing up to 45 new beds. There is no change requested to the current zoning classification, which will remain MDR, Medium Density Residential and is consistent with both the existing and proposed Future Land Use Plan Classification. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.l] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal- A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. 3.2.1 Objective - Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. 13.5 Objective - Continue to provide zoning and land use regulations which allow the establishment of group homes, foster care facilities and special needs housing subject to minimum State requirements. 13.5.2 Policy - Encourage and assist human services agencies and other community groups in developing special living facilities at a level appropriate to Clearwater's population and needs. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is therefore consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 2 II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential Low Medium (RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of ten (10) dwelling units per acre. Secondary uses permitted in Residential Low Medium areas include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non- residential and recreation and open space uses. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-603.F.3] Montclair Road Corridor In the location of the subject site, Montclair Road is a two-lane undivided roadway with traffic signals at Belcher Road to the east and Hercules Avenue to the west. The Montclair Road corridor in this area between Belcher Road and Hercules Avenue is characterized by residential, commercial and institutional uses. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Montclair Road as Residential Low, Residential Urban, Residential Medium, Recreation/Open Space and Preservation. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding areas to the east is Residential Low (RL) and Preservation (P), while the areas to the south and west are designated Residential Urban (RD). The Residential Medium (RM) and Preservation (P) categories are located to the north. The existing surrounding uses include single-family residential dwellings to the east, west and south, as well as outdoor retail sales and service to the east and Beckett Lake to the south. Multi- family residential dwellings are located to the north. The proposed future land use plan amendment and rezoning are compatible with the surrounding uses due the residential character of the use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-603.F.5] As stated earlier, the subject site is approximately 5.91-acres. Based on a maximum permitted density in the current RU category of 7.5 dwelling units per acre, 44 dwelling units, or 132 residential equivalent units, are currently permitted to be developed on the site. Based on the maximum permitted density in the proposed RLM category of 10.0 dwelling units per acre, a Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-l1 0 13 - Page 3 maximum of 59 dwelling units, or 177 residential equivalent units, would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 45 residential equivalent units on this site from the existing permitted density. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. .. MAXIMUM POTENTIAL TRAFFIC ... .... .... . ... . Current < Existing Proposed Net New , ..-" - -':/",:-:'"'' -,:~ . ,.~ Belcher Rd between Montclair Rdand Sunset PoinfRd . Situation . Plant ..Plan2 Trips Maximum Daily Added Potential Trips N/A 413 372 (-41) Maximum PM Peak Hour Added Potential Trips3 N/A 51 46 (-5) Volume of Belcher Rd b/w Montclair Rd and Sunset Point Rd 32,528 32,941 32,900 (-41) LOS of Belcher Rd b/w Montclair Rd and Sunset Point Rd C C C C N/A = Not Applicable LOS = Level-of-Service I = Based on PPC calculations of70 trips per day per acre for the Residential Urban Future Land Use Plan Category. 2 = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future lAnd Use PlIln The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Belcher Road segments in the vicinity of this site a level of service (LOS) C. The proposed land use amendment will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11 0 13 - Page 4 Existing Zoning/Future Land Use Plan 132 beds 344 N/A 47 N/A Proposed Zoning/Future Land Use Plan 177 beds 461 117 63 16 59 units 345 1 31 (-16) 59 units 564 220 60 13 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network, as the traffic generation associated with the proposed amendment will not exceed 1 % of the existing PM Peak hour trips of Belcher Road. fu addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within ~ mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (pST A) bus service is available along Belcher Road. Water The current future land use plan classification could demand approximately 12,000 gallons per day. Under the proposed future land use plan classification, water demand could approach approximately 15,750 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for water. Wastewater The current future land use plan classification could demand approximately 9,600 gallons of wastewater per day. Under the proposed future land use plan classification, sewer demand could Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 5 approach approximately 12,600 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for wastewater. Solid Waste The current future land use plan classification could result in 121 tons of solid waste per year. Under the proposed future land use plan classification, there could be approximately 159 tons of solid waste generated per year. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing assisted living facility and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. In addition, the Preservation zoning district located on the southern portion of the subject parcel is not included as part of this application and will be preserved into the future. VI. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1 & 4-602.F.I. and .2.] The proposed RLM future land use plan classification permits a density of 10.0 dwelling unit per acre, while the existing RU future land use classification permits a less intensive density of 7.5 dwelling units per acre. The size of the subject site is 257,439 square feet and exceeds the lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the assisted living facility use in the MDR zoning district. Therefore, the parcel meets the size requirements of the proposed District and the existing uses are permitted in the Institutional District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property as an assisted living facility is consistent with the Medium Density Residential zoning district regulations. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 6 SUMMARY AND RECOMMENDATIONS: , An amendment to the Future Land Use Plan from Residential Urban (RU) to Residential Low Medium (RLM) for the subject property is being requested in order to allow the expansion of an existing assisted living facility. The neighborhood is surrounded by single-family residential dwellings to the south, east and west, as well as outdoor retail sales and service to the east; and multi-family residential dwellings to the north. The proposed Residential Low Medium Future Land Use Plan classification is consistent with the existing MDR, Medium Density Residential zoning district and with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 2551 Montclair Road from Residential Urban (RU) to Residential Low Medium (RLM). Prepared by Planning Department Staff: /ti4~ Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:\Planning DepartmentlC D BlLand Use AmendmentsILUZ 2003ILUZ2003-//0/3 Beckett Lake Lodge,/nc 2/55 Montclair RdlLUZ2003-//013 Beckett Lake Lodge Sfiljf reporLdoc 8taffReport - Community Development Board - February 17,2004 - Case LUZ2003-11013 - Page 7 Message Page 1 of2 Clayton, Gina From: Clayton, Gina Sent: Monday, March 22, 2004 9:45 AM To: 'Jayne E. Sears'; Roger Larson Subject: RE: Beckett Lake-Mail #2 You are correct. I apologize - the staff report should have addressed the TDRs allowed from the Preservation portion of the site since the report addressed maximum development potential. Sorry for the upset caused to your clients. -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Friday, March 19, 20046:43 PM To: Roger Larson Cc: Clayton, Gina Subject: FW: Beckett Lake-Mail #2 I did not hear back from Gina Clayton today and I'm headed out for vacation, FYI. You may want to call her next week. Gina, if you receive this, please reply to Roger. Thanks!!!! -----Original Message----- From: Jayne E. Sears Sent: Friday, March 19, 2004 10:03 AM To: Gina Clayton (gdayton@dearwater-f1.com) Cc: Roger Larson; 'Bob Boyle' Subject: FW: Beckett Lake-Mail #2 Gina, please see below an email that I previously sent to our client that explains the density calculation for Beckett Lake. We know we will need to file an application for flex. dev. approval for the expansion of the facility and when we do, this will be our explanation of our request for a total of 189 beds. (Our application will include the entire property owned by Beckett Lake, including the 4 acres of Preservation land.) You described 177 beds at the meeting, and we understand that is based on 5.9 acres at 10 units per acre x 3 bed multiplier. (The extra 12 beds was not mentioned because the Preservation land is not part of the rezoning request.) Do you concur with the calculation below, assuming our rezoning and land use plan amendment is approved? Thanks for your help. Jayne E. Sears Legal Assistant Johnson,Pope,Boko~ Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 -----Original Message----- From: Jayne E. Sears 3/2212004 Message Page 2 of2 Sent: Tuesday, December 02,2003 11:41 AM To: Roger Larson; Robert T. Boyle (bboyle@beckettlakelodge.com) Subject: FW: Beckett Lake-Mail #2 See below. If there are 4 acres of Preservation, and you end up with 5.9 acres of upland, the calculation is as follows 5.9 acres upland at 10 units/acre = 59 units 4.0 acres Preservation at 1 unit/acre = 4 units for a total of 63 units x 3.0 multiplier = 189 beds (assuming the land use plan amendment is approved) Bob, please give me an update after you talk to the surveyor. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, PA 911 Chestnut Street Clearwater, FL 33756 (727) 461-1818 -----Original Message----- From: Mariano, Marc [mailto:marc.mariano@myclearwater.com] Sent: Tuesday, December 02,2003 11:30 AM To: Jayne E. Sears Subject: RE: Beckett Lake-Mail #2 Yes, Anything designated as Preservation allows for the transfer of 1 unit per acre to an upland portion of the site. Not that it's immediate concern, but has the revised survey come my way yet? I'm just making sure it wasn't given to someone else on accident. -----Original Message---n From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, December 02, 2003 11: 15 AM To: Mariano, Marc Subject: Beckett Lake-Mail #2 I have a question on the density. Are they entitled to 1 unit per acre on the Preservation area, including the lake? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, PA 911 Chestnut Street Clearwater, FL 33756 (727) 461-1818 3/22/2004 ORDINANCE NO. 7270-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD, APPROXIMATELY 1,000 FEET WEST OF BELCHER ROAD, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD, FROM RESIDENTIAL URBAN TO RESIDENTIAL LOW MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Cateqorv See attached legal description (LUZ2003-11013) From: Residential Urban To: Residential Low Medium Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approv.ed as to form: \ / /-', ,L,.- _ / ~_",. ",'. . /. ;' '~', ) / " .... ( (.. I( '/ - - -_~ - _" ,"" .;>': - - "-..t, I ,\.C.. i. (\, .ix.. X..tI;.if /'J '-, Leslie K. Dougall:Sides '\ Assistant City Attorney j Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7270-04 The Northeast '% of the Southeast Y4 of the Northeast Y4 of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida; together with the East 17.41 feet of the Northwest Y4 of the Southeast Y4 of the Northeast % of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the NE Y4 of the SE Y4 of the NE '%; thence run S. 000 35"54"E., a distance of 673.75 feet to the SE corner of the NE 'Y4 of the SE '% of the NE %, thence N. 89021"41"W., a distance of 688.73 feet to the east line of Beckett lake Estates as recorded in Plat Book 65, Page 95, Public Records of Pinellas County, Florida; thence N. 00032"59" W., along said east line of Beckett lake Estates, 670.97 feet to the south right-of-way line of Montclair Road; thence S. 89035"32" E., along said south right-of-way line, a distance of 688.11 feet to the point of beginning. :- -; _ _,- -1_ o ._~ :__,-~ L'-~__ ;---~- i--;~~ ~-I---: : 1-1 C"l.1 C"l ~-, I - - - - - I ~ _ _' - ~ _ I _ "_ ,- . - - - -. 5 : ~ - -_: 9 ~, ,-- RU ~o~~~] [~__~_ ih~~_1 CJ~ SUN TREE DR ----' !~_~_-_-_ t~-';--: ~--~-o_-_-:j ----~---- -, "'" 0 _15 - - ~RtJ: -. - , , ,- ~ , . o 0 't938 ,- --, o , ,_ 0 -, ' Q ;j; ----I .' , o , ,- -, ~ - 7TJ36 j~)' [---;~~j 2 -S Q '" - - --, : ' Future Land Use Plan Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11O 13 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR Atlas Page: 253B Ordinance No. 7270-04 '" NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING NOTE: All persons wishinJ.! to address an item need to be present at the BEGINNING of the Communitv Development Board meetinJ.!. Those cases that are not contested bv the applicant. staff. neiJ.!hborinJ.! propertv owners. etc. will be placed on a consent a!fenda and approved bv a sinJ.!le vote at the beJ.!inninJ.! of the meetinJ.!. Schedule of Public Hearings: Tuesday, February 17,2004 before the Community Development Board, at 2:00 p.m. Thursday, March 18,2004 before the City Commission (1st Reading), at 6:00 p.m. Thursday, April 1, 2004 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinance will be held in Commission Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. (Beckett Lake Lodge, Ltd.) LUZ2003-11013 The City of Clearwater, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 7270-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD, APPROXIMATELY 1,000 FEET WEST OF BELCHER ROAD, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD, FROM RESIDENTIAL URBAN TO RESIDENTIAL LOW MEDIUM; PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, 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. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Commission for final disposition. 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. Please contact Gina Clayton, Long Range Planning Manager, at 562-4587 to discuss any questions or concerns about the project and/or to better understand the proposal. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. ..,. "'" Ad: 02/01104 & 03/14/04 SUSAN LATVALA CHAIRMAN May 11, 2004 [:f" L,it,:~ \J MAY 20 2004 The Honorable Brian Aungst, Mayor City of CleatWater P.O. Box 4748 CleatWater, FL 33758-4748 Dear Mayor Aungst: At its May 11, 2004 meeting, the Board of County Commissioners, acting as the CPA, took action to approve Cases #CW 04-23 and #CW 04-24, which were initiated by your City. The Ordinance associated with this action is attached. Sincerely, ~G/Jv4 SUSAN LATVALA Chairman Pinellas County Commission Attachment cc: Cyndi Tarapani, Planning Director CPAICorresp.ck.pg 4 "PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER" l' -;;0 PRINTED ON RECYCLED PAPER ORDINANCE NO. AN ORDINANCE AMENDING THE COUNTYWIDE FUTURE LAND USE PLAN OF PINELLAS COUNTY, FLORIDA, BY ACTION ON CASE NUMBERS CW 04-23 AND CW 04-24 INITIATED BY THE CITY OF CLEARWATER AND TRANSMITTED TO THE BOARD IN ACCORDANCE WITH THE SPECIAL ACT; PROVIDING FOR AMENDMENT TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING OF THE ORDINANCE AND FOR AN EFFECTIVE DATE WHEREAS, proposed amendments to the Countywide Future Land Use Plan, which is an element of the Countywide Comprehensive Plan of Pinellas County, Florida, have been presented at a public hearing to the Board of County Commissioners in their capacity as the Countywide Planning Authority; and WHEREAS, notices and advertisements of public hearings have been accomplished as required by Chapter 73-594, Laws of Florida, as amended; and WHEREAS, procedures of the Special Act and County Charter have been followed concerning the Pinellas Planning Council and the Countywide Planning Authority for proposed amendment to the Countywide Future Land Use Plan; and WHEREAS, the City of Clearwater initiated proposed amendments which were considered at a public hearing by the Pinellas Planning Council on April 21, 2004, with recommendation made by the Council that is documented in the Council report referred to as Attachment A; and WHEREAS, the Board has conducted a public hearing and taken action that is documented by ordinance for approvals or partial approvals and partial denials and by resolution for denials, with both documents including the relevant Council reports as attached. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Pinellas County, Florida, acting as the Countywide Planning Authority in regular meeting duly assembled on May 11, 2004, as follows: Section 1 - Amending the Countywide Future Land Use Plan The Countywide Future Land Use Plan for Pinellas County adopted in Section 3(a) of Ordinance 89-4 is amended to reflect the change adopted as follows: #CW 04-23 l2.g~ 0.7 acres located on the south side of Lakeview Road, between Friend Avenue and Boylan Avenue, from Residential/Office General to Residential Urban. Z,l ")..11,1/'" 5.9 acres located on the south side of Montclair Road, approximately 1,000 feet west of Belcher Road, from Residential Urban to Residential Low Medium. #CW 04-24 Section 2 - Severability If any Section, Subsection, sentence, clause, phrase, or provision of this Ordinance is for any reason held invalid or unconstitutional by a Court of Competent Jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Section 3 - Filing of Ordinance: Effective Date A certified copy of this ordinance shall be filed with the Secretary of State with the Ordinance and Attachment "A" to be filed with Clerk of the Circuit Court. This Ordinance shall take effect upon filing with the Department of State. Message Page 1 of2 Clayton, Gina From: Clayton, Gina Sent: Thursday, April 01, 200412:46 PM To: 'Jayne E. Sears' Cc: Roger Larson; Tarapani, Cyndi Subject: RE: Beckett Lake-Mail #2 In reviewing the Countywide Rules it is clear that one cannot transfer density from submerged land. According to the staff report issued for this property on March 21, 2000, one unit (3 beds) was allowed to be transferred from the jurisdictional wetlands on the site (see page 2). The lake, even though designated Preservation, was not considered. Furthermore, the Countywide Rules were cited. I've attached that staff report for your review. I'm very sorry that Marc failed to clarify that density could not be transferred from the lake. -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, March 30, 2004 11:34 AM To: Clayton, Gina Cc: Roger Larson Subject: FW: Beckett Lake-Mail #2 Gina, FYI, below is my email to/from Marc Mariano that led us to believe we could get 1 unit per acre on the entire Preservation area. As we discussed, please let me know the status after you discuss the matter with Lisa. Thank you. -----Original Message----- From: Mariano, Marc [mailto:marc.mariano@myclearwater.com] Sent: Tuesday, December 02,2003 11:30 AM To: Jayne E. Sears Subject: RE: Beckett Lake-Mail #2 Yes, Anything designated as Preservation allows for the transfer of 1 unit per acre to an upland portion of the site. Not that it's immediate concern, but has the revised survey come my way yet? I'm just making sure it wasn't given to someone else on accident. -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, December 02,2003 11:15 AM To: Mariano, Marc Subject: Beckett Lake-Mail #2 I have a question on the density. Are they entitled to 1 unit per acre on the Preservation area, including the lake? Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, 4/1/2004 Message 4/1/2004 Page 2 of2 Ruppel & Burns, PA 911 Chestnut Street Clearwater, FL 33756 (727) 461-1818 Q'{U)4.. fulul- Lo-k Puhrlc tJearUllf 4 }cW-dL f'1cL - &cM f..o.fe ts-faiys. ~.. -- w= v# ~(/\/c ij Uv ecru :~ (nifW'cf jfuJ'~ 16 -bLd ~ cftv-WJfmv! --. f{ ()JIIrfJtIu2( WlU ~ cJt()A1 , .3cMd .11](.. ~ l.()J\Ac1 a.Sv.a. -(Q a.~ .. vv4f(l<$~ -T1L0.1;; rr~ w ~ . bch;~. : ~(;LfOn- /r70rlklcL'rJpfYNJ . 00fl~ - :J-flC(' .-- fi .. --~ , . 02-17-04 11 :35am From-JOHNSON,POPE,PA 0211712004 11:12 FAX 72739185S9 7274418817 T-l02 P,02 F-504 !ll002/015 [ , . ,~IJI' INS~ , 9i-l0J859 AFR 17, 1996 3:16PM PtNf.L~AS COUNTY tLA. V~F.REC.9K 9313 PG 398 PUl'ARED BY ANJ)~~ .. l1loInu C. NadJ, u. Er.quue MlCflrlallo. Auak:y 01 ~ec~~km &: McMullen ;:lEQ ~ CowlAad $Uec:c : M210 0$& otrlCO Boa 1669 ~:$ =-C.IeatMrer, Florida 34611 U'j'i" PIC - t:t-H; === ~ ---....-.. .....:_~- ."'TF :Ri!V - . -- I~~ 'J , (j - t d f! 1;- ;~ rJ I~' , 1 I ' I .J ;1l j': : 1 'c; -Q \.J ~ i) ~ CONS~IJVATJON EASEMEN; AG'8E~mNI In collSiclmdon or tile p~lnbes and mllnUl coVerJ:mrs. le:rms, rollditiom and ~ns COI1llliDed _iu. and other gQQd .. \'aluable con'14ml~l)n, tile reccipe aud sufficieacy of which is hereby acla2owted!:ed, ~N L. BROWN, GLENDA WALDEN, PATRICIA. WILKINSON aD' J'ODmr B. DRNNIs (Grantors), e/o Thomas C. Na.sh. 11, Esqu~, P. O. Box 1669, ClearwalCr. fiL 34617, as Owners of UlC real property described in Elchibit · A" 8Uaehed 1lc;r=ro anti iDc:orporat.e.1 herein by ~rerence, he.tdnafier lllfmcd fO III "llle Property" 01 behalf of lhemscll/Cs, and rbeir SUCCc:ssors, hei/'$ al14 a:iSiens. grane IlIld give UoCO Pincllas County. flIoridil (Grantee), :I1S Cllun Shet. Ccarwarer, Pl. 34616, a COl1SCrvalioll ="~n~ ptlmwlllO fIlOlida sUJUtc !704.06 over lhe Pro~rfy of dle Grantors. 1. The inlcnt' of eM UKmllnl is 1:0 retain lbe ~mcnt arl:a in An essentially Jl.lUUnl condirion. In I11aI reptd. the fOllowing aeT$ Or aelivilic: are e~prc.lsly prohibill'.(j wilhill &he e:asemenl in ml: absellCe of ttle agree~~l fMm the Grantee; a) <he COl\StlWlioll or p1acllll of IllY $l.nJcture or maltrbll On or above \he ~rQun(j e,lC~pl sickw:\lb. boa14wa/k~, piemc tabl~ and benches ~ ~II as OlMr imprQvelIlenl.$ wllich are col1>.islent with tile prese:rvlltionlconservlltioJ1 Wiling e"~go1)'; b) Clle pl~umel1l of any malctillb such as lrash or WiUte wJlich is inconsistent willl the mien! of U1e co~rvatjon nsemenl; PJgc 1 ...-----,... l ! ! i I '. f , I I 02-17-04 l' :35am From-JOHNSON,POPE.PA 02/17/2004 11:13 FAX ~lZ3918589 727441B617 T-102 . .... -::~ .-: ',' '. . . '" . . .:~;W~9.~h.~i::<:;:.': ..~ .: .:r- Ii. I . I I P.03 F-504 III 0031 0 Hi , '1"-- :r....01 ..~.)::..:""'. .. :'. " ~lK~~~S COUNTy FLA. QrF.~~~.BX 93~3 PC 39' ,) Ihc removal or cIaInJctioll ofnees. $!uubs or odJe,' vegCl.atJon except lU pemaiacd wichiq !he praemuiolllc:u_rvarioa %OIUnJ ~re.!).IY: &he CXQvatioa or otb:r l'CIIloVaI 01 maceriaJ btq)t a$ pernlillcd wilbin die pmcmcjonlCOll'Sel'Vldon ~ ~JOl1; ao)' ICtiViry ~ fil clrainaSC. tJoocl c:otltrol. water c:onservllfioa. ~ion C()ntrol, soil COASeJvatioo. or rail am wUdJirc ~iral praerv~ ~c:epc as see foah herem. Gd flXc:ept at 11 coDllstcnc with Ulc pnisetYafionloonservation zoam, ~. d) e) 2. Tb.c following rigb~ ant C1lnveyecl to Or:uueo by rJUs eascmenl: a) 10 enrtt llpon die propeli)' _I ~blc times fO crUQn:e the ri&1w 1ToWc:d hcteln "pen prior I1Ollc.e to GI1III1OB, l!Joir Iltir$. 3UCC.e$~>1'$ or assi8ns at dle lime of swh emty; b) to enjoin any llc:tivity on nr UJO of chc Property wlllcJJ is mooruisleQt wills die !"l1pOSl; of Ibis Conrcrvau"ll ~cnt IncI '0 entorec tJle mtontiOlJ of mch art'1IS or fcal1U'll'S or IlJC ProJ ~ that l1Ia)' be clamalfed by !he iJlCQnsiSJelJf aetivky or use. 3. Grantor fe$Crvcs (0 icscJf. ils ~irs, successors Or lS$igns, iLlI ngllr lIS Owner of tile Propeny iDcludiJIg die righe lO c:niage in ill! \lSt$ of !he Property which are I1Ol: e~res51y ~:ohi!7~ec! ht:rei:: IIn~ ::r: :lot lPwlUlslent wii:~ 1iI~ PlIfpOscS a' !his Consen-ation E.tseme,,! and the right ~I) petfOtnl suC/l mainrcaatlCC: as Iltq)$$llry co preserve lhc easement in an c::~ndatly narullll eOndition. 4. [t is expressly IIndustood ch;.1 tll) IiCbl of i'~~ Or us!; by lbe general )'ublie to any poniot1 (If the Property is granted or CIIIIVCYeG by tlIis CQns4tv~tiOI'l Easemc:nc. s. The: Gralllors aarce co pay If] y and all real propt:lly la<~$ and lIUCSSmenh levied Pase 2 'IrIf" :i I ; I .: t.....,!. .' '. . . . 02-17-04 11 :36am From-JOHNSON,POPE,PA 02/17/2004 11:14 FAX 7273918589 t I '. I 1 I j J.~, .."~ I .1 :1 J 1 ; 727441 aSH T-l02 P.04/37 F-504 ItJ004/015 - ..~~".,~~::f.~~:~-~~":, .";.:: PIN~LLAS COU~TY FLA. OFP.keC.BK 9~U Pij 400 ~ I I I by c:ompetenl mlhority on die froperl)'. 6. GIaDUC IBrees !bat it ~~I bold this ~Mtion Eal1enlenl txe~ively for conrervadoD plIJpOIa aQd Qlal it will no. usiJlI its "lIbCs lUld obJiSadoau UDder Ibls CO&5eJVatioo Ea,eme_ ~~ to ar.otbet ofllllizadoa qltaJir.e4 co boJ41tlda aer= uDder tile applicable stale ancI fedcJal laws *'1d c:ommiCed to boldwlI Ibis COIISUI/.tioa EascmCDl exc.Jusively for OOIlSeMlion purposes. 7. If an)' provision of Ibis C:OlIICn'aUon f'.asemeot Agreemenc or the lIppliCiltion IJwrcof Co any pel$OD or circufMtI.lK:c is rOund ~ be invalid, the lemainder of the provisIons or Ibis Conserv.tIon ~nl aD4 die applaciOR of such provisions to pcl'Sl)I1S or c~tanccs owr ~D those IS to which i. is fwlld 10 be invalid ~ DOl be dfccled Ulerc:by. 8. ~ COIUCnIation EaJcmC:11l is being geamed in acc~ wilh l!le tCnD$ of dle ne\'eloprnent ^~nt be~n !ll~ I,arl~ hereto as approw4 by the BoIrd of CoImry CommissiollCnI' (or Pinellas County, Florid... On December Ii), 1995. In the ~eelt the Oevelopmc:m Ag~mc:nt is tmninalCd a'~ set ranh in Sec:tion 11 of the Agreement, then tl\i$ Grllnt of Easemem shallliJcewise lenninal~ and all rights !,~Ied hereunder shall revcn l):ack to the Oranrcn. Or 111eir iiUcc:c:sSOTS and assii:1lS' 9. All ooti!;C,5, (:onsc:nl.1, apprl>\'als and COtllZllunicatiollS !lereunder shiJl be dRilled propl:rly gj~n if in wrhing a~ mai1e4 by Unitlrd Stales cenified Inflil, I\!tum rc:c:eipl req~te4 ajld ildd~ to me appropriakl party. or its 5Ul;Ce~rs and Issi1lm In inrere!l. Page :; ^;.... 'f'" , ':'l.?)"'o:,. ., .' . . ': ;l.~:.t~~~;,~:"., " . '. . . . _, ~~;:'~;i"';' ..,.h : .;'~;'b'f.lP'~J(,~-r... {r.-":, :,~.,,:)\::;~~'i\\'~' . .. ':'.: ': ',' .....~~ .,~:. .~ ;!i' . ., " y.f'~: .r;:t'.::~ : '~~.:: '~'~""'''''' . . .'. 02-17-04 11 :3Tam Fron-JOHNSON,POPE.PA 02/17/2004 11:15 FAX 7273918589 7274418617 T-l02 P.05/37 F-504 IGJ 005/015 fT . i . " PINELL~S COUNTY FLA OFP.R~.8~ 9313 ~G 4Ql , :' 10. This COllSm'ltioJt &se.l1lcJt ma)' be acndcd, allem1. n:Jeaxd or n:\IObct oaly by written ql'C'JCJnClll bcf.Weim lbe pan iC$ hemo, or lIIcir SUCUsoI$ aDd ll$$igllS. J I. This Ap=mene may bt; exqClld iD muJClplc counterparu, all o( WhfcJa fOJCCber "1 shall ~lQtc one in !be same insll'lU'llelU. ; I 1 TO .RA VB AND TO now unto GfUf.eo. its ~ ancl8S$iPJI r~ver, Il1e covenant8., tmns, cOlldiUora, rauiclions and p<<UJl(/SeI ilbposelt by lhb Conservlfiorl EilseJueot ~I M bindUlg nOl o~ upoq Gnntor. but ,lIso on its llgeJll$, pemnaJ teprc:SCnlalivex, heir$. asdgns and all Olller succesSOrs to if., including bulllOllimired 10 PaMon Enterprises, Ltd., iD IDtemlllnd sbaU COJlfimlc as a servkUtk running ill perpeftlicy wilh the . Properry. In ~.~00ll of: ~f~' t Name: ~~ " t:lj;t-i~.. udAr:iAA?] ~ /4l/~ PriIu Name:-.Sbo,-o., l.. w-;,. YS-- ~.~ ~~ c/ ,L HELEN L. BROWN {SEA . l)rint Name: (SCAL) GLENDA WALDEN J I Prim Name: As to "Grantor" r Pa~e 4 .:/'.~;'.. ....,.... " ,.' """.,." I ,y:.,..'1 ,,'t, .t', TT 1 " I f ~ ~. lV i . !., 02-17-04 11 :37am Fron-JOHNSON,POPE,FA 02/17/2004 lJ.:15 FAX 7273918S89 .~. r.tIoiilil.. ,~,.. 7274418617 T-102 P.06/37 F-504 ~006/01S ..,...... PIN~LLAS COUNTY FLA. OFF.~lC.Q~ 9313 PC 402 STATBOFFLOlUD~ COUNTY OF 11 ~ '''~'' 11w: ronsoiuc imtmmmt w~ ..:IaJowlcd~ bcfon:~ thi$ .:;7 day or Pcfll1W7. 1996. by HELEN L. !!~.o\VN. Wb/)__~=~~ mcor wflo produced STATE OF noRlDA COUNl'Y Of The forogoiAg imCnlmerc was a<<bowledgcd beCore me this ___ day of Febn1aty. 1996. by JUPlTH PENmS. 'WbQ i$ persoaally Jcno'W1l to me: Qr who proctu.;ccl I$~OD. STATE OF fWRJDA COUNTY Of NoCKy Public Prim NIlDC': My Commission IhplZeS: The foregoing illStmmcnr wu lltkllOWledged br:fore me Ulis _ day of February. 1996, by GLENDA WALDEN. wll<, is ~rsonally known to me or who produced &.i kfetUitieation. . , ,'.;.... ~: . . ::;)il. .~'..\:.,.i ". ' '. ">'.', . .:(....... ";. . ". " " .~: ,.,ff;:q;,~\~,\:~),.!;.: ~"4j:1.;'~,l,~i~tl~I::I,l~'\i'~;"~\~'f,if-'<~':r.~ .,"::>1 : v:.. .':" ~. Ii, .,'1 '. '~"'" . ':~:,~:..~'~.~rt!:'.:.' ....'..~;.:.,,:.~~.;:i..,~:.::. ~~ . "......""'..JLlo<...:biI.I"<iMIi,~.).,,.... ."......,...."..". " :~::>I~ :"'l""s..\~:..,ei7i. 1.,.\.~;:; .{~..:,,'. T,;,.:;r' ~.~\' ... .:): .-:~ ,.. : l' . Notary Public Print Name: My.Commission EJcpirc:s: face 6 ,~.... '"-" ~/'~'~~&~.'~' '-- ,. ." ". ',.'T. ,!;-' ..~ " . t . :::"~..wv,, \-t-r...-:", .~,. ", \ '. ::\,:.;~~~~ 'i'~" . ~ i './~;~:~~~~~.~" . . ....~~\:~~: . OZ-lT-04 11 :38am From-JOHNSON , POPE PA 02117/2004 11: 16 FAX 7273918589 r- II '. . I I ; l L 7274418617 T-102 P.OT/37 F-504 ~OO7l015 I J . ' . ~. ",;)' :~~))~:f,~:.~~'l'.;:. :~'f;' ~ .: ~""~~l.,.~:,~. .'" .' ,(":'f::;~f."'I, 1.. . .1.,..... . ...... PfNELLAS COUNTY FLA. O~.Rtc.Bk '313 PC 403 10. Thi:ll ConKfVltion E.ueInem may be: amended, akm:4. rcfl:Ue4 or revoted only by wrinln agreement between Ihe parlies her~o, or U1eir suecesors and assip. 11. Thi.t Agrecrncnl may be "eculod ill multiple COWltapa~, .U of which tOgether shaU consdtuee one in UIe same jftSfnlm=t. TO HAVE AND TO ROLD 11nf.\) Graruec. ifs IUCCQwrs and usip$ fOrtye&'. <<he covenants. bmnS, tonditiClA'. te$lI'icdorlS UlcI P\lIpO$e$ imposed by lhis Consel'Varion ~rnenr stull be binding not only Upoll Grantor. bul also 0" iu agents, per$Onal representatives, kits, assips and all other nct:essors to it, jneluding but llOt limi~cl to PUJlon Emaprises. Ltd., jj) WeI'C$I and m.1l COIltblO 8$ a serviCUdc t'\lllninJ~ in petpCnlil)' wilh tlle Propeny . In ~ Pn:scnce of: Print Nunc: (SEAL) flELEN L. IIROWN PrinE Name: As to "Grantor. ~L~ ~, - YVl'r... < r/l~'",...-" Prim Name: iJ ilr '-,N r Ydi Ii (,1 J1 'fJ As 10 "Onnlor" ./ ,.!.,~.... ,II it (A / t:..P ~ _ ___ GLENDA W..u.OEN (SEAL) Pag" 4 -"'IT v- . ';' .,.:. ..... " :':' ,i~':;::;.:/ '}~~;.\~~~;~~l'::'::'~ /. ) ..-.... . .... \ t' 02-17-04 11 :38am From-JOHNSON,POPE.PA 02/17/2004 11:17 FAX 7273918589 7274418S17 1-102 P.08/37 F-504 ~008/015 ., "':L ..):'~ ' . !.,f"':o. . 4.i'I ;:'.~'~' .' :. PIK2LLAS COU~y F~. OFF.R~C.B~ ~J1J ,G 404 STATB OP FLORIDA COUNTY OF The tCJRl80iDc ~ was acbowlcdpd befClnl ~ tbis _ day of PebnIaIJ. 1996, by HELm L. BROwN. lItbo is pttsOllllU)' known 10 me 01' who produced _ as idqrirlCaCioQ, Ntltar7 PIIblic Prill Name: _ My Commission b!)iRS: STATE OF 'FLORIDA COUNl"Y OP The foJegoias lnsInlmcnc wu aelalowlocl8N before Ge Chl5 _ day of Fc:bIuaty, 1996. 'by JUDlT1I DENNIS, who is pcqoaa1Iy Ialown to me or lIIbo PI'Oductd _lI$ idqllj~ion. Nowy ~lie Pritlt Nmlc: _ My Comlnlssion 1b.~ite.: ~. STATE OF R.QRJSI. Ken1rAOI(~ COUNTY Of' _ }~~+f(' 'l'be foregoing insuuml:nl was 1I1:knowledgcd before me (his ~ day (If february, 1996, "y GLENDA n ~^1..DEN, wlk. i$ pe.~lly lcaoVlln f,() me Ot who produced '1<~ r;lri"'rr~ '-t'.-.a..... ilS Iltcntlficadon. ~~~~:t'&~ ~ My Comrniss~es: 3~'r.q.~O Paget 6 r- C" "d! .~. ,'.. "I.~ f:., ,.' . '. . .~;'r, . ,..' .c,.. '. ::; l;?~'~~\ ',," .,.. . , I ~ I } r I r 02-17-04 11:39am Frcm-JOHNSON,POPE,PA 7274418617 T-102 p,09/s7 F-504 ~OOgJ015 U'f~II'VV. LL;LO ~^4 I"~~LO~O~ r- , ;,<'::':;.; :.~~~J;';~~~:~;:-;,~~f,':'. ;::~?~' " : .:~?...~ \:.j:-~~~OO:;?';'N;~~J~~~";!~~:'..:.':' . ~'", r. ~;~~.,,,> :. .:' ,: "~. 1, . ,} .: ~ :~;.:1)1': :~. ;.'\~~::'~:.'~~" r , I , 'I I '~W~LLAS COUNTY F~A. OFF.IEC.BK 9313 PG 405 '-.., \ ..1;: :'~'.... ~ /",~'_.( ('..e.,) "r: .. ..,.... ~'-.~..,u.., PATJUC~JA WILKINSON .,3:, 02-17-04 11 :39am Frcm-JOHNSON,POPE,PA 02/17/2004 11~18 FAX 7273918589 7Z7441BS17 T-102 P.10/37 F-504 ~OIG/015 L:" .. -'- . '. . . ~ , . . ....~:~~;::::~.~.i.~:, :~~;:!~;:~:.~,: .. ..: .' :. :~ :,..' . ".,..... . ",.t/('i{4'r.1~' ~"<,.t..".~",,..,"... : ..'..:.~~....:~ -', v" ~:/;.~;i.,l~~.:i!~>!~~'.. j;~~~,.):~ .r.":..,..... " . ,~'. . .... ;\.~Jl\"'T.. k'~'J. "r'.~.s.71l...' ..' . .',.' '. '. . .:" :'~ ~'~'M ;:f\f~~:~.~)('~:. :~.~,' '. .. . I M ~'.. . . :.>.'<E1~t.'..:..:..:.,: ,', ,',..,t , " ... ~ '" ..... ~, I '~, ~I~~L~ COUN~Y F~^. OFF.REC.n~ 931~ PG 406 stAn OF Fl.OlU.DA COUNTY OP ~IAJFt.LA S The foicloiJI* imtnwc:nC was acla)O'NJcdpl bcfon: me Ibis ~~ or Pc~. ,.... .. PA1'IUaA W1uaNS011. ...... ~~ 17 or""_ tJl..- _..~ ==~TC:AkW My Commissioa apile:;: STArn OF FLORID.... Tl1OllI':~WSw.srt /I 'L\ COUNTY OF PlNELLAS NCfrflJl.Y PUaI.lC Sl'A'l'IOF nolllPI> C(1~NO~ T1le f()feSolnS ir.:snumcllC was actnowkdCod ber~ 0:, _ 1'. 1996, by' . ~ _, of PINBLLAS COtJNTY. Florida. a polillal Nbdivision <If the sure or F1orl~. who Q ~ly known to me or who prodIIccd lIS idelltititJtion. ~'t.; I .. ~otaJ}' Mile; Prinr NAme: My Commission Expin:s; CO\1NTRY OF STATE OF COUNTY OF 'The foregoina inslrUment was acknowled,ed before !Toe W:; ~ day of Febtual)'. 191>6. by _' as . 0( FANNON ENTERPRiSES. LTD.. who is petJONlIy known to lnc or wllo produee4 as identifICation. '''\D4TA,,^m~IIO\>>I\eO~.VA~ tiowy fUblic: Print Name: ~ My Commission E.xpl~$: Plge7 i. c, ... .: ~. ..'~:,1>~~1;:. '~ ~.' ~ .:~. . " ' .. " ~ 02-17-04 11 :40am From-JOHNSON,POPE,PA u../.I./f..UUlt ,l.li.l;ll I'IU. IL/')II..LO;)O~ rr I r I i274418617 T-l02 P,11/37 F-504 fajOllf015 I , ct~Pfu~ I I f I j r ~ , ! . .... '" ",.' '~.._:'....':' PINELLAS COUNTY '~A. O~F.REC.BK 9313 PC 407 Prinr Name: 'AnUe:" WlL1QNSON (SEAL) J j ! I I , , I ..... .':. 1:+;:' ::..~ Pall~ S "li~. . ~~~~ .' ~:..;.,'.'''". .~ " :;,b..1;' -I, . " . ".'~~~'" .'1~."'.'\ .' ..' .'~.. ...... .... -1:.oJ"':'\:'~. ;:.... ". '.' . .::, ~:.~;;';;.}; ~:'f~;;~~"i.":- ~'~:'."" : " ........ .-/:: ."..::..> : ,.:."".;' '".' . ..:" "', ". ,,~).~": ....~~'::~i1ir~!{1~fi :~;, i~.'1"~!"":i-.o.JO.vl.. :~~r \v..~~.olr.'..... \'r\....~ :.. .~I,. IT...N:.,t,;l:'';''iN;:''~,''' ~-'f(>!:.-:"",I'\i"~i"~~ ,.....I\IIlf'lO~ t-~-M'fl"~~ ~ ' . '..i~~i,I,.:, j".':;~'~"""rl":~:':"~~: ..~~~/:;..... ,r; .'::..... :', .:':';\:: :i~.":":~"~ Ii ' '; ...'.>' .;..:'....... }', '. ',' .' ;.::',: ... . (.:.i....:. ~,:"'. ' . r, ,\,,....,. ."r,,\.'C1"~.f.~r "r.t:\~.~....,,~: "'''..'' .' .~.tl.. r..'.~ 1 J,...., . ~ II. ~ . ,., "''''\4'1'i~1':'f..' ~<ia~ ' ',:,'.i "~'i~....~."....\....:r''''f~ . .,(.'..... . ",' "f '. . "...: :':.:...t:r~~~~(~.:f.lf".!~~~:~il~"~"'.~w.:i!.~ Prim& Nam4; Azs fO "Graacor'" ~~~~ Priat N : .s~e/.',.. rr;,J.lJo!:/l ~ ~~5kf~ J~~ 'tR..v-.~ JUDITH . DENNIS ' tJlNELLAS COtJNTY Prinl Name: II)': (SEAL) Print Name: & to .~. l'ANNON ENTERPRISiS, Lm. PrUlt Name:~ B)';_ (S~) Print Name: 02-17-04 11 :40am Frcm-JOHNSONrPOPE,P~ U~/l'/~V04 11:2U r^~ 127J91B589 7214418611 1-102 P,12/S7 F-504 laJ 0121015 .r- ..~. '~'~1 ,.." " . '~'. ..i~~ ...:..,ii:~~~ ~r:.' ~:" . .. . ,." ""~ ,,_,~'1'l!i..;t:.;;.....J; -II',. '.,.' '. . . .. :" -.), f~~k' :1(,,"::.:' . ,<' ," 'fo' .,.'. .':' . J .,~y<' : PINe~LAS OOU>>T~ F~A. OI~F.JtEC.8l( 9313 PQ 408 , .\0., :" '.~ :1,'; l;'. ., PriIIl NazDll: (SEAL) ~ATRlCIA WltKlNSON Prinl Name: As to -GraQlc)c" '::: ". .~. Pr'izlt Name: JUDlm B. DENNIS (SEAL) Prim Name; As to -()nnlOr" PlNELLAs COUNTY Prille NlUJ'IC: I1y: (SBAL) Prim Name: As lQ aGr.nuc- Prim Name;. UN MrCitAtL BORNS Print Name: lAN IlAVID ROUCST I ~.::., ; L .,', 1'ageS 02-17-04 11:41am From-JOHNSON,POPE,PA V", J. /I ,"UU'I .1"'; /OJ. 1'1\A I':: I "ll"'(I\J(I~ r- .i .J I .I i I L 7274418617 T-l0Z P,13/37 F-504 ~ 013/015 PJNE~~S COUNTY FLA. t)" . REC. 81< 9313 ,G 409 STATE OP FLOaJDA COUNTY OF The forelOiDI ~ lias acbowlc:dpd bc:lcrc .. WJ _ day or n:~, 1996. by HELEN L. BROWN. wbo is pasoaaIly IaloMl 10 me ot who procfuc:ed :t.$*~. Notary Public Priac N~: My CoCDlIQissioo Expiteai: 1tIA. O~ IN STATE OF -R:f)JtlPA COUNTY OF ('a.I~uit The forcsom, ~f wu ac.tJ1vwleclsed berol'C _ UliJ ..EL day of Ftbnwy. 1996. by JUOrl1i DENNIS. who is pcrsoDllf1 kDow to me or who pOduced A lo..~ ~"r ...tL'l.. ~,'r(V1 s e u ldclUiriCatiost. Q{~g L'lowy Public ~ Prilll N~: L, !!J~ j)h~ ' P 5. My COIllDlWiorl Eqircs: ,,"~OMMISSION' Qt'PIRti'J S.t6-1_ ST A TQ OF FLORIDA COUNTY OF The fOttgoing illSlnlmCllt Was. ackn.l\VIe4gcd before I'M \hi:; _ eta;, of February, 1996. by GLENDA WALDEN. who i~ ~rsom.lly knowa tc, me or who produced as idenlifJQtion. tiOWY Public Prinl Namc: My Commiuion ~pire$; Paic 6 .-,..-----...J .'I'.!' : ,~.:~~,~\ ....:.::..~ ',:' '. , .,' .:. '''~>':'~:;P: ,. ..'I,-.i~~: ':l>', . 02-17-04 11 :41am From-JOHNSON,POPE.PA U~/J7/2004 11:21 FAX 7273918589 7274418617 T-l02 P.14/S7 F-504 @014/01S I Pl"&LLAS COu~r( FtA. Of'F.REC.BX 93J3 pc 410 STATE OF fLORIDA COUNTY OF The foreBoinB iaslr\lnllmt MIl ackoowlodied before me tllis ~ day or Febnwy, 1996, by PATRleJA. WILlaNSON. WJl,1 is pmonaUy bowIl 10 me cr who procM:cd lIS idcmiralion. NOW)' Public Prilu NIQ'Ie: My a,mmiSlioD Exp~;;: STATE OF ft.ORlDA COUNTY OF PINEllAS The fOfegOing insUumcnl Wil5 SCkllowlccllccS before me Ihi. _ da)' of FcbTUaI), 1~. ~)' . as . of PJNELI..AS COUNTY. F1ori~. a J'QIiti.ca1 sUlxSivislon <)f!be Stile Dr Florida. who is persoDally known to me or who prodllccd f4 identifation. No\.1t'y Public Print Name: My COltJlTlimon lhpi~;: COUt.m1.Y CF STATE OF COUNTY OF 11:: tt....~ TIle forcJPing insll'Ult1etll was ac;kI\owle4&ed before me Ibis t dlIy of ~. 1f>96, \>1 ~~~1ii.~fiLU..~~.r.I~~: p;: ENTERPRISES. LTD.. wbo is peJsonally known 10 me 0 _ ~i~Ifi"~r~ 1I:llJ"TA\AmTC/oI\e"UI~~UVA.EAS fGl. fl I b;l1., ,. . ....~~...,...'..:', NoW')' I'vblic ":." ~. '\ ;. . Prinl Nun:: ,~tt4,!,v.~~~fDftD My COItJITIISSiI)J) ~:~MT ~~ . ~:~" ~ C;!:~ ft, ..\';~'?'.;' L ..'. Pale 7 I 1 I I r 1 .: .{ .-.- 02-17-04 11 :42am From-JOHNSON,?OPE FA ...... ."f "V'Y'" ........'" l'l~ I "u;;J1.0tJOlli 7274418517 T-1D2 P.15/37 F-504 ~ 015/015 r- :':.~' ..;</,:..:. ,'''~'~::~~<:'~:'.'..'''''' . . ..,::....;::,... . ..... ..::;~:;.:~;..'", ~.':~ . '..~':': '::', : ~IN2~LAS COUNTY ,LA. OFF.REC.BK 93t3 PG 411 EJdtlbk ., ^" to Con$Cl'\/nJon ~fmel1C Ap-ecment The UJt 17.41 feet or WI nctthwen one-cplarter of lhe soutIleut one-quarter of die nonhean one-quanrr of SKdon 1, TO'mShIj) 29 south, bllle I S u~t, PinelJas County. florktl, l~r wI1h 1he WCSl 32.59 reet of Ihe northwest on~an. oftbe norrhe;ut onk1\l~er of die southeast onloquJr'W of lbe nonfIe~Slone-Quirter of Qi4 Se<d<m I, ~r W soudI 85 feet of lhe lIOnIIwesc 4M-qu.ner or the l10Rhuse ~rttr o( Ihe $OUCheast ane-quarta' of 1he nonf1east Gne-qllal1er of Aid S<<tlon I 'ylng W~ of che west 32.59 reet of &he nonbwest one-quarr.er Dr IlK! ~t Oll~uarw of the scurhe~ one- QUlller of !he "ormwc one-quau.. of safd ;iealon J, IOaedler wlcb chI! soulhwm one- qu~rter C)f !he norlhun OfIlI.quantr of rill! SclUchem ~n.er of die nontaUJt one- quartet' o( $aid SecdOll I, COaelher with Ule tast 17.41 feet of tile I10llflwesc !JI1t-quarur of the SGtIthe.m one-quarter of the llCIIthcasc OIle"qUil'ter or Settlcn I, T owmblp 29 south, Ranfe 1 S e.:>>t. PlnelJu County, FIoI'Id.1qel"er wfrlt l11e wese 32.59 feet or die northwen Olle-quarter of tho nonheas( one-qumer of t.1e SOCIdlult ctle-quaner CJf the northeast one- qu~1"C4r of said Secdon I. toaecher the south as fetl Of lhe northwest Ol'l..-quaner or th~ IlOrthean one-quarter of the somhease OM-qI..mr or lhe northeau ont-qa.ur 01 Illllf SecClon 1 lylrlC" of the wesc 32.59 feet of Ih. ncnhwest one-quarter of the nonIIeasr one-qu.uJ' of die soudleasr Ol'IeoqlWtlr of rlle nottheast one-quarttr I)f $,'lid ,Secdon 1, CO{erJ\er with %he SCllQMen one-quan:er of till nonhe.uc OfIt-qtlarter or Ihe soudte.ur: one. qu~rter of the northtast one'qua~r of saId Sa:don I. ,i } I,~ ,. ' ,,'} L... ..... . .... .....,'~';":'~~~!I'\~....~..:.;r..;..:.....:..;.~..1 ~'.' . '..\I~'):';' , I , l ! '. ,: ~:' :~ .: '" . ~r: .ff.' 02-17-04 11 :58am From-JOHNSON,POPE PA 7274418817 T-103 P.35/37 F-504 , . I.....ii II~I ~il Ii ii~ imli ~~~^1 F:INEttAsf GoUNTY~l~IDAt"~ U~ ~Wf< I ....-..-----..........----.......--.......-....--...n...._____..w......, :'0" 8C14723B 03-26-2001 17:01:3h 51 A6R-PINELLAS ClMnv 0000000000 In~ DK: SPG: REC()RDr~ 003 PAGES 1 TOTAL: P CHECK AMT.TENDERED: Gi-IPNGE : BY _u_____ DEPUTY llE,~K NBP ~ ./ EF'G~ $.15.00 treparcd by nnd return to: RoUtr A. Larson, Esq. Johnson, Blakrly,l'ope, Bokor Rllppcl &. Bllrns,P.A. P.O. Boll 1368 Ocarwater, Florida 337S7~1l68 $15.00 $15.00 $.GO <~ ..P4GE:3 _.....-i ACCT , ,... CHGAMf ~ .. CK Nlr ..._.__ R~VOCATION m:J>EVELCllMENT AGIU;EMENT ~~~)~::-=:..._ THIS REVOCATION OF DEVELOPMENT AGREEMENT ("Revocation") is :::., -.......-made effective as hereinafter provided. by PINELLAS COUNTY, a pOlitical subdivision f;": ,',:.:~!; ==:=.:o!the State of Florida (hereinafter referred 10 as "County"). t.f/T ~/(; H'.:v ro'l.\. IS=~.=-= C RECITALS: WHEREAS, the County entered into a Development Agreement on December 19, 1995, with Helen L. Brown, Judith Dennis, Glenda Walden and Patricia Wilkinson, which was recorded in Official Recorct Book 9282, page: 254, Public Records of Pinellas County, Florida; ("Development Agreement") encumbering the real property described therein ("Propeny") and WHEREAS, Helen L. BrOWll, Judith Dermis. Glenda Walden and Patricia Wilkinson conveyed the Property 10 Ascot Development Corporation, a Florida corporation ("Ascot") by Warranty Deed, which was recorded in Official Record Book 9319, page 410, Public Records of Pinellas County, Florida, and Ascot thereafter conveyed the Property to Beckett Lake Lodge, Ltd.,. a Florida limited partnership ("Owner"), by Warranty Deed, which was recorded in Official Record Book 11126, page 178 of the Public Records of Pinellas County, Florida; and WHEREAS, the Owner on behalf of Ascot Petiti.oned the. City of Cleanvater for annexation of the Property into the CilY of Clearwater, which annexation was approved and accepted per Ordinance No. 6523 -00; thereby causing the Property to be removed from the unincorporated area of the County and placed within the city boundaries of the City of Clearwater, Florida; and WHEREAS, the terms and conditions of the Development Agreement have not been timely completed as required by the Development Agreement; and WHEREAS, the County has made its periodic review of the Development Agreement and has determined on the basis of substantif4l competent evidence that there has been a failure to comply with the terms of the Development Agreement and therefore 02-17-04 11 :59am From-JOHNSON , POPE PA 727441BS17 T-l03 P.3S/37 F-504 prN~LLAS COUNTY r~R. Orr.REC.8K 11280 PG 2~50 in accordance with Section 5.2 of the Development Agreement and Chapter 163.3235 F.S. the County has determined to revoke the Development Agreement and release the Development Agreement as an encumhrance on the Property; and, WHEREAS, the O\WCI" agrees v.ith the County's determination of a failure to comply with the terms of the Development Agreement and joins in this Revocation for such purpose. NOW, THEREFORE, for and in consideration of the terms and conditions set forth herein the parties hereby agree as follows: 1. Re(:itals. The above recitals are true, accurate and correct and are incorporated herein by reference. 2. Revocation. The County does hereby revoke the Development Agreement and release it as an encumbrance on the Property. 3. Effective Date. This Revocation shall bc~ effective upon its execution by the COlUlty and recording among the public rt!cords of Pinellas County, Florida. 4. Recordin2 of R~voca.tion. In accordance with the Development Agreement at Section 19 the Owner shall record a copy of this Revocation in the public Records of Pinellas COlmly, Florida, after signature by both panies. The text of this Revocation is c:omplefe. Signature pages follow. 02-17-04 11 :59am From-JOHNSON , POPE PA 7274418617 T-l03 P.37/37 F-504 · 0' , ""......n.;l \..UUN i T ~ L.H orr,RtC.BK 11280 PG 2~51 IN WITNESS WHEREOF, 'me COWlty through its designated ofticer has . executed this Revocation of Development Agreement and it is joined herein by the .~... t I. ~ , .' . ':0Wriet: ','1, "" I \ ~\... . ", . .. . f " .. . .., . '.. ~". '-", . " ".' ". .. ,,', ., . \).'\. ~ .~ r ',' ~ .~ AT'l'EST,:: K.a.t1ee.ii....r. : D'e 'Slaker p Clerk :: '~':':..(.;:;~ "":'?>" ~t1~ ~ '. . <'.> S" . , , .-oepijt~ Clerk. .......:'~".,,'>.. . ',. APPROVED AS TO FORM OFFtC[Of,COCO~UTV TV A ATTTTOO~R~ EV J~'-' B, ,," Attorney prN.ELLAS COUNTY, a political Subdivision Of~IOrida By: ~Ibl ",J Chairman, Board 0 ounty Commissioners WITNESSES: \~lJOO.'i.. ~l'Jj_ Print name: Wf.~ 1.., />.V#.1f.AN Pri~:.,~~ To a.,,-~ BECKETT LAKE LODGE, LTD. a Florida limited partnership By Beckett e, Inc., a Florida corporation, generalp ~. /Mrcllae P. onner, STATE OF FLORIDA COUNTY OF PrNELLAS The foregoing instrument was. acknowledged before me this ~ day of F€btyA&'f ,2001, by Michael P. Conner, th~ President of Beckett Lake, Inc., a Florida corporation, the general partner of Beckett Lake Lodge, Ltd., a Florida limited partnership who is --L ~rso.!@lly known, OR __ produced a drivers license or as identification. . p ~~l ThIAlt_~ Notary Public Print,.'; ~~~IC~A,.p Nam\' 0 ta ~li ON' CC628824 ~ MAR 21. 200t Date slOR ~~OU(iH ^ ~,ciONDjNc co ~lNC. /fi:l:tQ~O Y I -l'UlltllllU1(illL 11\ fJ\;V'h)/"IlK;1lL t'\~r""llltIIL 02-17-04 11 :42am Frcm-JOHNSON,POPE,PA 7274418617 T-l02 P,16/37 F-504 ..... , I ...; INST t 96-073831 MAR 19, 1996 3:19P~ ~~r..Ol.~... A~SME.ltt PINELLAS CO~ FLA. OFF.REC.Sk 9ae2 PG '254 nn;:s DEVELOPMENT A(iREEMENT (th.is "Agreementfl) is dated the ,ac-.. day of ~ ..,., , 1995, effective as provided in Section 5 of thiH Agreement, and entered into by and between HELEN L. BROWN, JUDItH PENNIS, ~tENDA WALDeN ana PATRICIA WILKINSON, as t:enants in common, (IItbe Owners") and PINSLLAS COUNTY, Florida. a po~itical subdivision of the State of Florida, acting ~hrou9h its aoa~d of t=ounty Commissioners, the go~erning body thereof (the "County") and PANNON EN'l'ERPRISES, LTD., ("Developer-) ," llECJ:TALS : A. Sections 163.3220-l63.32.-3, Flo~:'Iida Statutes which set forth the Florida Local. Gove:cnment Development Agreement Act (the ~ActU) authorizes the County to enter inco binding development agreements with persons havil\g legal or equitable interest in real propertY,located within the unincorporated area Qf the Pinellas County, Florida, B, under Section ~63.3223 of the Act, t;.he County has adopted Chapter 134, Article VII of Part IXI, the ~inellas county Land Development: Code, the "Code", establishing procedures and requirements to consider and enter inco de~elopment ag~eements. C. The owners are the fee owners of that certain parcel of land located in the unincorporated area of pinellas County, Florida., and more particularly describea in Recital "F(1) " of this Agreement and referred to herein as "the aeal Property", O. The Real Property is ourrently under contract to the Developer who is desirous of building an adult congregate living facility ("ACLF") on the Development Art~a,of the Real Property as rnOt'e parcicu.larly described in Recital "F(l) II of this Agreemenc. E. The Real l'ropert.y cOllsiets of approximately 10.625 acres wit:h approximately 3.985 aCI'es being suhmerged. , ~. For purpo~es of this Ag~eement, the Real Properey is divided into parcels as genf:rally depic\:ed in Exhibit. II A" eo this agreement a.nd as legally de~)cribecl. as ff:>llows: 02-17-04 11 :43am Frcm-JOHNSON,POPE PA .r P!NELLAS COUNTY FLA. ' OFF.REC.BK 9282 PG 255 r r [ [ f [ .r.....r. 1 r [ 1. ~.:.. ..' ~ L. I TZT441 B617 T-l0Z P.17/37 F-504 1. "~pl P;r~~rt~" 'the nQreheast one-CI\larter of the southeast: one-quarter of the northeast one..quarter of Section l, Township 29 ~outh, Range l5 east, together with Ghe east l7.41 feec of the northwest one..quarter of the southeast cne- quarter of the northf~ast one-quarter of Sec,tion ~, Township 29 south, Range lS east, Pinellas County, Florida 2. I'RezQne/Rede~;i,gwat~oll l>.rea" , Tbe Real Property a~ defined in t~e preceding subsection 1, above Less that portion of the property below tbe 25 year fl.,odplain inciuding wet.ll:\n.d jurisdictional areas and submerged lands. (The lessed portion wi1-I'nreca.in ,iL preservation designation.) 3. H~Q:ns~rvation alld r~~sBMra~ion A;-eas" The East 17.41 feet: of the northwest one-quarter of the south<!!ast one-qua.rtet:' of the no%'theast one-quart.er of Section ~, Township 29 so~th, R~~ge 15 east, Pinellas County I Florida, together with t,ne west: 32.59 feet. of the northwest one~quarter of the northeast one-quarcer of the southeast one-quarter of ehe northeast one- quarter of said Section 1, together the sou.th 85 feet of the northwest one-quar~er of the northeast one- quare.er of the southeast. cm,e-quelrcer of t:.he northea.st one-quarter of said Section 1 lying ea.st of the west 32.59 feet of the northwest Qne..quarc.er of the northeast: one"quart~r of the southeast one-quarter of e.he northeast on~"q\.l,arter of said section 1, together with the southwest cine-quarter (:If the nort;.heasc onE!~ quarteJ;' of the soucl'least one-qu,;Lrter of the northeast one-quarter of said Section 1, eogether with the ease 17.4J. feet of the northwest one~quart.er of the souchea.st one-quartElr of the. nO'J:'theast one-quarter of Section 1, ~ownship 29 south, Range 15 east, pinellas Co~nty, Florida tog~ther with C~e west 32.59 feet of the northwest one-~larter at the northeast one-quarter of t.he southeast on.~"quarter of the northeast. one- quarter of said Sec1:ion 1, together the south 65 feet 2 ~ 02-17-04 11 :44am Frcm-JOHNSON,POPE,PA 727441 aS17 T-l02 P.18/37 F-504 '~ , PINELtAS COUNTY FLA. OFF.REC.BK.9282 PG 256 of the norehwest. one....quarter of the no~theast one- quarter of th& $QUI;heast one-quarl:er of the nort:he.a.st one-quarter of saici Section 1 lying ea.st:' of t.he west 32.59 feet of ~he ),lorthwest one-qu,arter of the northeast one-quar~er of the southeast one-quarter of tne northeast one-c~arter of said Section 1, together ~ith the southwest one.quarte% of the northeast ane- . quarter of the 5ou~heast one-Quarter of the 'f1grtheast one-quarter of said Section 1. 4. ~~ve]opmeat ~rea~ I" The northeast one....q\lCl~tel: of t,he !Southeast one-quarter of the northeast Ol1e quarter elf. Section 1, Townsbip 29 south, Range 15 east, togetbe%~ with che east 17.41 feet of the northwest one quarter (If the. sout.heast one.... ~arter of the northeast one quarter of Section,~, Township 29 .outh, Range lS east of ~inellas County, Florida Less Tbe East 17.41 feet of the northwest one-quarter of th~" southea.st one-qua:t'ter of the n.ortheast one-quarter of Section 1. Townshi.p 29 south, Range 15 east::., Pinellas County, Florida, t.ogether wich. the west 32 - 59 feet of the northwest one-.quarter of the nox-theast one-qua.rter of the southeast cIne-quarter \~f the northeast one" quarter of said sE.~ccion 3., to~;ether the SQuth 85 feet of the northwest: one-quarter of the northeast one- quarter of ebe southeast one-quarter of the northeast one-quarter of said Section 1 lying east of the west 32.59 feet of ,the northwest one-quarter of the 'northeast one-quarter of the southeast one-quarter of the northeast one.quarter of said Section 1, toget~er. with the southwest: one-quart.er of the northea.st one~ quarcer of the SOI).theast one-qu.a:r:ter of che northeast. one-quarter of sald Section 1. G. The Rea.l Property ili cu.rrently :zoned A-I:; (Agricultural Esta.te Residential) wit.h a combination:' of Residential-LOw and Preservation land-use designa~ion5. 3 02-17-04 11 :44am Frcm-JOHNSON,POPE,PA T-102 P,19/37 F-504 7274418617 I .~:;.. PIN~LLAS COUNTY FLA. OFF.REC.9K 9282 PG 257 H. A portion of the Rea.l Property is designated alii preservacion on the councy-wide futur~ land use maps. I. The Owner and OevelcpEt)~ desire to deve1.op a portion of the property but the County and tne adjoining neighborhood desire . that a portion of such Rea1 Property that is presencly designated, with a preservation land use be maintained as bo~h preservation and conservation areas. J. The OWners and Developl~r may obtain, the density allocation necessary for the proposed ACLF from a portion of that area presently designated as Preservation only if c~at portion necessary to op~ain the required density, the Conserv~tion Area, along with the Development Area is redesignated to an RM 7.5 zoning category and a Residen~ial Urban and land use designation both of which allow for a transfer of denuity. ":"~" "4,'''f'.-"~",,, K. The County cannot. just Lfy such a rezoning and redesignation for the entire I<ezone/R.edesignation Area a.bsent. p:r.otection of a portion of tha.t: property, the Conservation Areal by redesignating that area as I>1;eservation after transfer of the density onto the Development Area. and fu~l~her obtaining an a~'propriate consexvat;i.QO, eaGement over th(~ Conservation Area. L. The Owners and Develop.~r have agreed to maintain th.e Conservation Area consisten~ ~ith the te~~S of the conservation easement in exchange for a redesignation and rezoning which will allQ,w a transfer of density s'l1.fficient to allow development of the proposed ACLf and having t~he Consez;vaclon Ar"a revert back to Preservation land use and preflervation/conservation zoning designations after the density has been transferred. M. The County, Owners and Developer have determined that: it would be mutua.lly beneficial to ent.er into a developer agreement. governing the matters set fo~t~h herein and have negotiated this Agreement pursuant to and in a.ccordance with the Code and the Act. N. The Board of County Cc.mmissioners of Pinellas County, Flo:r:ida has found that the te~a of and d.evelopments orders associated with this A~reemen~ are consis~ent with the P~nellas County Comprehensive Plan, tho;: County's c.ountywide Comprehensive ~lan and Pinellas Countyls land development regula~ions. 4: .I I I I I I I ( r [ [ I [ l r I L 02-17-04 11 :45am F rom-JOHNSON I POPE PA 7274418S17 T-l02 P.20/37 F-504 , . PINEtLAS COUNTY FLA. OFF.REC.BK 9282 PG 258 i.TA1'JMENT OB' 'mE ~GRE~ In con$ideration of and in ~eliance upon the premises, the ml,1t;ual covenanc,s contained h.e)~ein, and other good and. valuable con~ideration. the receipt antL sufficiency of which is hereby acknowledged, the parties heruto intending to be legally bound and in accordance with the AQl~ agree as f~llows; SSC't'XON 1. m:C;t~.,:; . The ~i.bove recitals are true anCL correct and are a part of this Agreemenc~ .. SECTION 2. mCORPOJlA,'r;QF OF nm ACT. This Agreement is entered into in compliance Wi1:.h and under the authority of the Code and the Act, the terms of which as of the.date of tbis Agreement are incorporated he;C'ei.t. by this reference and made a par~ of this AgreemenC. Words used in this Agreement without definition which are defined Ln the Act $hall have the same meaning in this Agreement as Ln the Act. SEC'l"1:0N 3. ~R.OPERn SUEJE.~ TO TB:IS ~GR~~. Tne R.eal Property as previously desQribed in this Ag~eement is subject to this Agreement. SECTION 4. QWNERSHX~. The Real Propex.'ty is owned by the Owners as previously described herein and is currently und.er contract to the Developer. SECTION 5. EFFECTIVE DA.'1'E/DU~'+IQtt .,or :nn:s AGREEMENT. 5.1 This Agreement shall become effective as provided for by the Act and shall be contingE'lnt upon obtll.ining final a.pprovals t.o the special exception, land \..lse and zonillg designat;.ion~ required to implement this Agreement. 5.2 The Agreement shall continue in effect until terminated as defined herein but: for a period not: .t,~ exceed five yea.rs. On~e any density available ill the Pevelopmen~ Area is utilized for the ACLF or for any othe~: purpose allowed Wlder the 5 02-17-04 11 :45am From-JOHNSON,POPE,PA 7274418617 T-102 P,21/37 F-504 .1 PINELLAS COUNTY' FLA. OFF.R1:::C.BK 9282 PG 25091 Owner/Pev~loper shall of all parties. ap~licable zoning, the obligations of the be irrevocable except by mutual agreement SECTION 6. gBwYGU;tOD PNDER. THIS ~Rii~ 0.1 Qb1~9'l!1t;~PtlS of The 0Wn~ Obliga~ions under this. A.greement shall be binding on the Owner, Developer, and their heirs, Euecessors or assign$. Ei .1. ~ Cons~rvjlt;:i,on. C.:mcurrene with t:he County's approval of this Agreement, the Owner shal]: grant the CO\.;l"lty a. conservation easement over. the Conservation and Preservation Areas in a form approved by t.he County Att~()mey. That deed. sh.all be immediately recorded by the County. The terms of the conservation easement shall cC:1ntain the following restrictions: ....... .....~~., ._~..". --'~~';~ A. Tne intent of the eaSement area is to 'retain the easement; area in an essentially natural condition. The following acts or aQtivities are expres~ly prQhibit(~d within the easement in the absence of a specific IJermit from the Grantee; 1.. construction 01' the plaein~J of an.y structure or materials on 0;1:' above the ~Jround except sid~walK:s ( benches, fencing ( or picnic: tables in accordance with zoning stc;,ndards. 2. The placement elf a.ny material such as trash Qr waste which is inconsistenl; with the intent of the conservation e~sement. 3. Removal or destruction. of l:rees, shrubs or other vegetation exc(\pt as permit:ted. by Pinellaa County, cQusistent: with the preservation cac.egory. 4. Excavation or eIther remova:L of material eJCcept as permitted by {lj.nellas Count:.y f consistent with the preservat.ion C:ctt:egory. s. Uses except fOl~ th~ purposles that: permit the area defined by the easement ~o remain in an essentially nat:ural condit ion. 6 I I I I I f r I f E r:;: l!; [ I 1- r f l,~ OZ-17-04 11 :46am From-JOHNSON , POPE PA 7274418S17 T-102 P.22/37 F-504 , " PINEL~S COUNTY FLA. OFF.REC.BK 9282 PG 260 6. Any activity d~trimental to drainage. flood control, wacer conservation, erosion contrQl, soil conservatio1'lt ,:>r fish and wildlife habitat preservation, .!xeept as se,t forth herein; B. The Easement: shall convey thla right to the County ~o enter upon the Real Proper~y at reasonable times to enforce the rights herein sranted upoa ~rior notice tQ the Owner, Developer, their hQi~s, successors or assigns at the time of such entry. " 6 . 1.. :2 The Owner, has fi.led an overall developmen~ plan ("Master Plan'l) with its application for this Agreement. The overall development plan, for purposes of-this a.greement and thE: special exception approval: A-. shows al.l densit.y transferred from the COb:Servacion and Preservation Areas 1nco tne Development Area. Tbis transfer may not be revoked by filing. of a subsequent RPO master plan. B. compliance in Section Code. ShOWfi that infortllation necessary co demonstra.te with the criter~a for special e~~ept1on approval found 138-1~4 and ~ticle 7 of Part II of Section 138 of the C. Immediately upon the effective date of the redesignacions referenced in subsections G.2.~(A and g) of this subsection 6.1 and by operation of the RI'D master plan, the residential density allocation shall effectively tranefe~ from the Conservation and Preservation Areas to the Qevelopment Area;. o. The Master Plan J.S at t.ac:::hed to this Agreement; af;i Exhibit '"B". 6 . J. . 3 Dev.lopmeIlt Uses, A. AdJ.I.J.t...~.Qo.gregate t.'1ving 'Faci~ ("ACf"FIt) 1. The ACLF approved by the Board and as conditioned in Section 6.2.2, below shall be developad as approved gen~r~lly in the overall development plan. To the extent t.hat changes are nece3sitated by tne site plan process th(!.t do n01: impli.f;;at.e che cri~eria for a special exception approv~l, the overall 7 02-17-04 11 :46am Fro~-JOHNSON,POPE.PA T-102 P,23/37 F-504 7274418617 " PIN2~LAS COUNTY FLA. OFF.REC.BK 9282 PC 261 developmen.t plan may be modifit~d administ;r.a.ti'Vely in the site plan proce5~. Substancive chauge~ that WQuld implicate the c:rieeria for a special exception approval, in the discretion of the county Ad,min1l,;tra.tor requi)~e Board of Adjustment approval. Ioleights IJhall be gove::r:ned by the height relitrictions ot ehe Resid.entia.l multi"'~amily 7.5 zuning distril:t. Article IV, Division 10, ~inella$ Coun~y L~nd Oevelop~~nt Code Qr its successor provision as it exists at the time of execution of this agreement. B. Other uaes permitted in the Development Area shall be governed by Chapter 138, Article IV, Division 10, Pinellas County Land Developroene code dr its s~ccessor pro~ision,as it exists at tn~ time ~f development rQview. 6.l.4 Dev~1opment .R~view --.P;:odess. Except as specifically provided in Section (; .1. 3 (1t) (1) of this .:Ag1~em.ent, at the time of the development of the Real Prc.perty, the (tw.ners or Developer will submit such applications a.nd d.ocum.ent~tion and shall comply with the Count:.y's land development regulations applicable at:. the tima of development review. 6.2 .QJ21iaations of the Coun~ 6.2.1 Zoning and Land Us~ pesignaeion Chan~e~. A. Concurrent with tht~ a.pproval of this Agreement, the Board amends the zoning and lanq use designations for the Rezooe/RedesignatiQn Area from an AE Agrio\l.ltural Estate Res1~ential zoning designation with a land use designation of Residential Low and Preservation to a zonin~ category of Residential Multi-Family 7.5 and land Use ~~signation to Residential Urban. 13. The final effectivc:!ness of the redesignations referenced in subsection A of this section 6.2.1 is subject to: 1. the provisions of Chapter 125 and 163" Florida Statutes, as they ~y govern such amendments; and 2. amendment of the Countywide Compreheni5ive Plan [Ordinance S9-4, as amended]; a~d 8 I J , I I I I r (' [ [ f r ti [ { 1 02-17-04 11 :47am From-JOHNSON, ~OPE PA 7274418617 T-102 P.24/37 F-504 P!N2LLAS COUNTY FLA. OFF.REC.8K 9282 PC 262 3. subject to the condit1ons in subsection C of this section 6.2.1; and 4. subject to the expiration of any appeal pe~iods or, if an appeal is filed, at the conclusion of such appeal. C. Upon the effect.i vo date of the zoning and. land use chanses referenced in subsection A of thia 3ubsection 6.2.~, above but &ub$~quent to t.he den$i~y transfer referenced in subsection 6.1, above, the land use desiguation on the Conservation and ~re~ervat::ion Areaa shall.'revert back to the Preservation category and t.he ~oning designation shall revert back to a Preservation/ Conservation (~C). zoning designation. As a result of the transfer referenced in subseet~on 6.1, above, ehere shall be no tuxtber residential density available for ~ran~fer from the Conservation Ares pursuant co Chapter 138- ~OB2(5) of the Code. 6.2.2 special Exception. ~pr~vU(IfACLFII) A. Pursuant to Sect Lon 134~~93 of the Code, and concurrenC with the approval of this Agr<:ementf the Development Area i19 granted a special exc:eption for use as an Adult Congregate Living Facility (ACLF) all~win.g ninety-five (95) beds and one-single family residence. The s]?ec:ial exception approval is subject; to the effeetivenE~ss of the r,~designat:ions outlined in Subsection 6.1, above. B. The following eonditions shall apply to the development of an ACLt; 1. The ~-apaei.ty-.c,6-the. faeiT):'~"," lil!!r" 1~e-et4 ar-~edS"-" (persoM) .' ...' 2. Parking requirements are to be addressed in the Master Plan. 3. The building shall be construct.ed in a manner so as to atal~~"~-"~~!J~Io.~~amllY.-st ructure . .. 4. Where a license is requi.red from t.he St.ace n~partment of Health and Rehabilitative Services, this special 9 OH 7-04 I! :47am From-JOHNSON, POPE PA 7274418617 T-l02 P.25/37 F-504 7.1 I10table water from the ~~acllaa C(~unt}. of Clearwater. WQt.." ~ City II! cial:. .r PINELLAS COUH'l'Y P'LA.-' OFF.REC.BK 9282 PO Z63 r r I I r 1 [ I [ [ 1. K L City exception shall not become effective until suoh license is issued. So Development of the ACLF shall be consistent with the Master Plan subject to s1efl plan review. Section 7. fyblic Paci1~t~~s ~o servi~~ Oev81opmen~. The following public ~acilit:ies ar(: presently available. to the Re~l Property from the sources indiuated J:,elQVI. Development of the Development Area will be go~enle4 by the concu~~ney ordinance provisions applicable at the time of development approva.l. -. ., "",:.\. 7.2 Sewer servioe from the riaellaa Ce\mty. of Clearwater. I~'t 1& 7.3 Fire protection from the Piftella~CeUftty Wat€~ City of Clearwater. In tial:i 7.4 Draina.ge facilities fc.r th.e parcel will be provided by the developer of such property. Seceion 8. ' Re~i:reQ J.ocal G~-y'~];nlnent -e~;I;.Inita. a.l The required'local 'government deve:LQ~ment permits for the development of the Development Area include. without limitation, the following: 8.1.1 Site plan approval(sJ ; 8.1..2 Construction ~lan approv~l(s); Build1ng permit(s) 1 8.1.3 8.1.4: Certificate(s) of occupancy. a.2 Any activities ,within" l~he Conservation and Preservation l~ea:i shall he governed by th~ provisiona of the Conservation ga5ements and shall require p:t.ior County iil.pproV'al J except as 1.0 02-17-04 11 :48am Fro~-JOHNSON,POPE PA T-l02 P.26/37 F-504 7274418617 PINEL~AS COUNTY FLA. OFF.RgC.~K 9282 PG 269 Section 9. 92Ddistenc~. The County find$ that development of the Real Property con$i~~ent wlth the ,terms of this agreement is consistent. with t.he Pinella.$ Cf)Unty comprehensive Plan. Section 10. Ap:pl,icab:i1i~1!:. 'I'his Jl,.g~eero.ent shall be bindin.g upon the Oevelcper, its succeS$ors and assigns. ~.. " Section 11 ~ination. In che event of termination pursuant to the following oontingencies, all ~oning and land use changes shall return to their previous designations.as they existied prior to entering into this Agreement. The Owners and Developers agree to cooperate and not contest any administ1:'ative proaedures necessary to implement rescora~ion of all land use and 20ning designations to their designations prior to the execution of tnis Agreement. All easements granted pursu8.lflt:.,t!.o..this Agreem~nt shall be released. "'.~..;lL.. .. ~~. ll. ~ In the event. the Devf!loper fails or refuses co purchase the subject Real p~Qperty, the Development; Agreement may be terminated at the option of the OWners. In such case, a Termination of Development A~eement will be signed by both parties and 'X;'eoorded in the public recordEI. ll.2 In the event of a default by Parmon Enterprises. Ltd. under its Contract to purchase the subject; real property from the Owners, then this Agreement: and the obligc~tions made hereunder shall be assumable by a su.bseqaent developer, to be named and approved in the sole di~c;:reci,on of the Owner. J.1.3 If the Owner or the l>eveloper'G Obligations set forth in this Agreemenc are not fol~Qwed in a timely manner, as determined. by the County 1\dmi1'1,istrator I after notice co the Owner and Developer and an opportuni ty to De heilrd, existing permits snall be administratively suspended a.nd il:sauance of permits for development of the Development Area shall immediately cease until the Developer haa fulfilled its obliga~iol1.s. Failure to timely fulfill its obligations may S4\rve as a basis far termination of the Agreement by the County, ~t ch.e discr,etion of the County and afcer notice to ene owner and an opportunity for the Owner to be hea:ro.. 11 .1 { f I I I I I I f [ t r ~ [ [ ! t. 02-17-04 11 :48am Fron-JOHNSON,POPE.PA 727441 aS17 T-l02 P.27/37 F-504 ,.... PINELL.AS COUNTY FLA. OF.F.REC.BK 9282 PC 27Q Sect3.Qt1 12. QJ;jher T~:r;ms ap.s:l (~QUdittpns. 12.1 The cond1tions, te~ns/.~e5tric~ions, and other requirements determined by the County co be ne~essary for the . public::: health, safety or welfare of the c:itizens of pinellas County are included in or ineorpQ~ated into this Agreement. -12.2 2xcept it!, the case (~f termina.tion, uQ,t:.il January 1, 2000 the Development shall nc.lt be aubjeet: co down zoning , unit: den:lIity reCluctiQn, or intensi.ty reduction, unless t.he local government has held a public hearing and determined: , .12.2.1 That substanti~l changes have occurred in pertinent conditious existing at the ti.me of approval of the d.evelopment a.greement; or 12.2.2 The Development Agreement is based on substantially inaccurate information provided by c.he Owner or Developer; or 12 .2.3 That the chang~l is essenti.l1 to the public healt.b, safety, or welfare. 12.3 In; tiat.i-gn of Cons':ru~tion.. 'l'he special exception issued pursuant to this Agreament shall automatically expire within one year from che eff~ctive date of this Agreement if all applicable permits and clearances required by the county have not been obtained fer such projel:t. All permitsl site plans, a.nd other required approvals musl; be obtained; and the granting of any special exception ~hall l'lOt lie deemed as automatic appro"al for any such permit or site )~lan required. Expiration of ehe one year validity period sball be tolled, if judicial proceedings to review the development orders granted under this agreement shall be instituted, until tne date of entry of the final order in such proceedings, including all appeals. 12.4. Exten~ion.s.. An elCtension of one year for the speeial exception may be granted by the Directox' of Development Review services upon a ehowin~ of good cause, provided .the request for e~tension is submi~~ed in writing stating che reason for extension is received 30 days prior to t.he e,-,cpiration of t.he original time limitation which was est:'ablished. 12 02-17-04 11 :49am From-JOHNSON , POPE PA T-l02 P.2B/37 F-504 7274418617 . . PINELLAS COUNTY FLA. OFF,REC.BK 9282 PC 271 12. 5 Expirat.ion. The ~pf,cial exception g't'ant:;ed in t.hie Agreement: shall be deemed to a.'1toroatioally e:xpire in the event a. structure or use of land which is the subject of the special exception has!' been discontinued or removed for a period of 90 consecutive days. ~ Seotion 13. 9OD\Plian~ wit~~. The failure of thj..s . Agreement to address any particular permit, condi~ionf term or restriction shall not relieve l::he OWners or Developer from the necessity of complying with thl~ law governing such permitting. requirements, cond.i.tions. te;ruu; or restrictions. Section 1.4. Not~$1,es. Noti(::es and communications requir~ or desired to be given under this Ag~eement shall be given to the parties by hand. 'del"ivery, by nationally recognized overnight ..f. .. ...., , coqrier sex"vice such as Federal Express. or by certified mail ( return receipt requested, a<jdr~tssed as follows (.copie~ as provided b~low shall be requir.!d for proper notice to be given) ; The Owners: ~homas C. Nash, It Macfarlane Ausl,~y Ferguson &; McMullen P. O. Sox 16'69 Clearwater. rn ~l4617 \ r !f to County: Pinellaa Coun.ty Board of County Commissioners c/o County Administrator' 315 Court Stl:'eet Clearwacer, FL 34616 If to the nevelope~: Robert Carlson e/o Landmark. 1:nve:Jt::ment Network, 1oc. ~5 par'adise Lane Treasure Island, lrL 33706 .~. Properly addressed, postage prepaid, notices or communications shall be deemed delivered and ~eceived on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3rd) day following deposit in the United States mai.l, certified mail, return receipt request:ed. 'the parties may change the addresses set forth above {incl~ding the addition of a mort:gagee to receive 13 - f I f I I I I I I I [ l I r [ [. t. 02-17-04 11 :56am From-JOHNSON,POPE PA 727441 B617 T-l03 P.29/37 F-504 PINELLAS COUNTY FLA OFF.RSC.BK 9Z82 PG 272 copies of all notice~), by not;ice in acco~dance wi.t.h this Section. Section 15. " ~is:6.t t9 Cure. The Owners or the Developer ~ill not be deemed t.o have failed. LO comply Wi1;h the terms of this Agreement until they shall have received notice from the Councy of ~he alleged non~complianee and until th~ Bxpiration of a reasonable perio<i after receipt of such notice to cure such non-compliance. Whether the ti.me period h.lS been reasonable shall be based on the nature of the non-complial1.Ce and shall be determined in the sole judgment of the County Adtllinist~ator, reasonably exercised. S~ction 16. Wnor---li2n"co~l~r;Jnce..s. Thea Owners or the Devel.::>pe. will not he deemed \:0 have failed to comply wit~ the terms of this Agreement in thf! event such non..c:ompliance, in the judgment of the County Adminilitrator, r.ea3onably exeroised, is of a. minor or inconsequential natUre. Section 17. Coveri.~t 9f CO(1)(~ra~ion.. 'I'he parties shall cooperate with and deal with t~aoh other in good faith and aS$ist: each other in the performanoe of the provisions of this Agreement and in ..achieving th.e completit)n of the de'l(elopment. of the Parcels. Section ~a. ~ppr~I~. Whenever an' approval or consent is requi.red. under or contemplate(l by this Agreement such approval or consent shall not be unreasonably withheld, delayed or eonditioned. All such approva.Ls and consen~s shall he requested and granted in writin~. Section 19. ~~mpletiQ~ of ~1reemcn~. Upon the completion of performance of this Agreement or its revocation O~ termination, a staternen~ evidenci~g sucn completion, revocation or termination shall be signed by the parties hereto and. recorded in the official records of Pinellas County, Flor'ida. 14 02-17-04 11 :56am From-JOHNSON , POPE PA 727441 BSH T-l03 P.30/37 F-504 , I PINELLAS COUNTY FLA. . OFF.R~C.aK 9282 PG 273 I Sea~ion 20. Entire ^g~e@~~t. This Agreement, (inQluding any and all Exhibits attached bereco all of which are a part of this Agreement to the same extent as if such Exhibits were set forth I , .' .A~ ~1,1~,l ix:. .tp.~.._bQdy o.f ~hi~. ~~H'e~~~~;,).' 9~l}~~~t'ft~s. }::.h~ .en.~~,r~, ~ ._. .~_ " :", agreement. -bet.'we.en t:he' par'tie's h.eret"O peit;a~iling to tti~, suhf"aQt ." 'r,', I maeter hereof. . .- I f I I I I I l I ( I f ! Sec;:tion 23.. Q.O!lstructiioD_ 'rne titles, cape10ns and sect.:Lon numbers in this Agreement are inserted for convenient referen~e only and do not define or limic the scope or intent and should not be used in tne int:eq>.~tat.Lon of any section, subsecfiion or provision of this Agreement. Whenever the context requires or permi.ts, ehe singular shall in.::lude the plwral. and plural shall reference in ~his Agreement to the Owners includes their successors or assigns. This Ag'C'eement. was the production of negot;iations between represent.ltives. "for. the County and the Owners and the language of thi;~ Agreement should be given its plain .and ordinary meaning and should not be construed asainst any party hereto. If any perm or provision of this Agreement is susceptik;lle to more than one interpretation. one or more of which rend~r it valid-' and enforc:eabl.:, and. one or more of which would render it invalid oX' unenforce.lblel such. tern\' or provision shall be construed in a manner that would render it valid and enforceable. Section 22. Par~~,l rnvaliqi~. If any term or provision of this Agreement or the applioatLon ther~of to any person or ,circumstance is declared in~alLd Qr unenforceable, t~e remainder of this Agreement, including any valid portion of the invalid term or provision and. the application of such invalid term or provision to circ:umst'ances. oth.!r than those as to which it is held in~alid or unenforceable. shall not be affected thereby and snall with the remainder of thls Agreement continue unmodified and in full force and effect. Notwithstanding ~he foregoing, i.f $uch invalidity or unenforceab~lity reaults in a macerial aod suhstantial change in ~he rignc~ o~' responsibilities of any party th~reto eo the extent that the purpose of this Agreement or the oenefits ~ought t.o be receive~ hereunder ~re frustrated, such pa~ty shall have the right to carminate this Agreement upon fif~een (15) days notice to ~he othe~ Fa~ties. 15 OZ-17-04 11 :57am Frcm-JOHNSON,?OPE.PA iZ7441 as 17 T-l03 P.31/37 F-504 PINELLAS COUNTY FLA. OFF.REc.aK 9282 PC 274 S~etiCln 23. Q~ve%'rlt.us Law. This Agreement shall be governed by and construed in aecordanca with the l.aws of the State of Florida without regard .to t:he conflict of: laws 'pr~nciplea of such : ..,tate ~ ..... '. . . ,,~ . ... . ..; ..': ......:.. .:........:';. ,,'.:' ...., .':;.... '. ,.~..:.' .,"': :",;';" .,........ "'~', ;:":':,:',~,~"-:.~":~"~',.<.:_..:, 0'. ;'<':" .-:..'" ',~" .r.. Seetd.oD. 24. ~Qu:ni:e~arts, This Agreettlent may :be executed in - counterpa.rts, all of which. together shall. constitute one and the $ame inst:rument. IN WITNESS WHBREOF 4 the peu,ties have hereto unto executed this Agreement the date and year first above written, ' . . END OF SUBSTANTIV'B PROVISIQW I SlGt(Al~ fAGES AND lmIIBI'1'S TO FOLLOW 16 02-17-04 11 :57am Fron-JOHNSON ,POPE ,PA 7274418817 T-l03 P,32/37 F-504 PINEtLAS COUNTY F~. OFF.aEc.BK 928Z PG 27( WITNeSSES: - 151"1'1 HELeN L. BROWN , Printed Name .; Printed Name STATE OF FLORIDA COUNTY OF The foregoing day of ~ personally kno~ to as identification. instrument was acknowledged before me 1:his f ~9')5f by HELEN' L. BROWN, who is me or wh\:J produced' _- Nota.ry Public Print Notary Name ~y Commission E~pires: .~E~ r JUDITK DENNIS bMq~ STATE OF ~ AUWAMA coumy OP CAI.HaJN ~he foregoing instrument was acknowleQged before, me this 22nd day of DECEMBER I 1995, by JUDITH DENNIS, who is ~rsonally known to me or who produced MIL!TARY DEPENDEm' tD as L ....- identification. ~~ ~1.7t~:U/t kR P~~.J No a;:-y Public RNOlA I fJ."f{~j , Frint Nocarz- ~ame My COllUIliasion Ex-pires: MY COMMISSION E.'(pmf~ 2.:1.0/1 1.7 02-17-04 11 :58am From-JOHNSON,POPE.PA 7274418617 T-103 P.33/37 F-504 ~XNELtAS COUNTY FLA. OFF.REC_BK 928Z PG 278 WI:TNESSES: - I)LENOA WALDEN - Printed Name Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was aeknowleas~d hefore me this day of , 1995, by GLENDA WALOEN, who is persona.lly Jmown to me or who prod~ceCl as identi f ic::at~ ion. I.IlT Notary Public . Print Notary NcLme My Commission Expires: WITImSSBS: ~.--,t~~ Printed Name ~~:--w~~. PATRICIA WILKINSON F 10' W. y.).S (i' 3 3 3 7 t ., () - Lkt~E~ Printed Name.~~ l,Cllt~ STATE Of' FLORIDA COUNTY OF &a..-r~ p The foregoing instrument w~.s ac::knQwled~r~d before me this ~ , day of 2>ec I _, 1995, by PATRICIA WILKINSON I who is personally known to me or who produced ~ I "]) '- ' as identification. .._~~ ~_ _ .N_~~~~...:!'=:'I~~ Prine Notary Name . ~ My Commission Expires~ 16 02-17-04 11 :58am Fro~-JDHNSON,POPE,PA . , ._tf~ .A1{1 Pr ;\ 6is30n COUNTRY OF STATE OF COUNTY OF y,It€'~8- personally known to ~- -~" ~ 72H418617 T-l03 P.34/37 F-504 P I Nt: L LAS COUNTY F' LA. OFr.REC.BK 9282 PG 280 LTD. -' , as '''' a ~ ',he ~~~neK~kip l~.tf 1(;;Oatir..m. Notary lie tJ t ~" n:r~.,...;U' fA tk" _ Print Notary Nnme I . k I ~ My commission gxpirea; 11 J-o.J c,~ 1.'- Att:est.~ Deputy Clerk ocykl> ~ I ("l'40C..\44....\.....( .\lTIIJ.dt.~~~. ~"'l PINELLAS COUNTY BY;__ T Chai.rman. Bc,ard of CQunt::.y Comnlissioners APPROVED AS TO FORM OFFICE. OF COUNIY ATTORNEY By -r i /1,~~~;td- . .. Attorney 1.9 CITY OF CLEARWATER APPLICA TION FOR COMPREHENSIVE P.LAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: Beckett Lake Lodge, Ltd., a Florida limited partnership APPLICANT NAME: 2155 M:>ntclair Road, Clearwater, FL 33763 MAILING ADDRESS: PHONENUMBER727-797-7257 (Bob Boyle) FAX NUMBER: 727-441-4223 PROPERTY OWNERS: Sane as Applicant (List all owners) . See Exhibit "A" attached re Disclosure of Interest information. AGENT NAME: ~r A. T <'lrsonBoF.sqlli rp Jo son, Pope, kor, Ruppel & Burns, P.A. MAILING ADDRESS: P. O. Box 1368, Clearwater, FL 33757-1368 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFORMATION: LOCATION: ,. South side of M:::mtclair Road, West of Belcher Road STREET ADDRESS: 2155 Montclair Road, Clearwater LEGAL DESCRIPTION: See Exhibit "B" attached. PARCEL NUMBER: 01/29/15/00000/140/0100 SIZE OF SITE: 5.915 -acres.m.b.l.. FUTURE LAND USE CLASSIFICATION: PRESENT: RU REQUESTED: RLM ZONING CLASSIFICATION: _ PRESENT MDR REQUESTED: MDR PROPOSED TEXT AMENDMENT: (use additional paper if necessary) See Exhibit "c" for additional information. I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) . ~~~~gge Lodge, Ltd. By: Bee Inc., General Partner By: Signature of property 0 :Fober STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this ,271r- day of November , A.D., X9 2003 to me by Robert T. Boyle * ,who is personally known ~ er or representative *as. Secre@:!y of Be k tt Lak . Boyle Secretary C,eneral P tn -...---- c e e, . ..,~"~"..... . ) E S ~ ar er Of_~~~.......~ lDdge, Ltd. ...or.. ". ayne . e.rs..____ " S. t f rt .' '. COMMISSION' 10841"6 ~4II1. L (;..- - - Igna ure 0 prope y owner or rep~tf-' . = piC, ~i-.....~"f,.; Selttember 2. 2005 m'{ co ISSlon expires ....P,f"f",.' iONtEt THlU TIlOY FAIN INSUlANCE, INt. .._~i(,l'ltiol~. Inc. . ' CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING. 100 SOUTH MYRTLE AVENUE. 2nd FLOOR PHONE (721)-562-4567 FAX (721) 562-4576 Beckett Lake IDdge, Ltd., a Florida limited partnership (Name of all property owners) 1. That (I am/we are) the owner(s} and record title holder(s} of the folloWing described property: 2155 M:>ntclair Road, Clearwater, Florida (Address or General location) 2. That this property constitutes the property for which a request for a: land use plan a:mendrrent from RU to RIM (Nature of request) 3. That the undersigned (haslhave) appointed and (does/do) appoint Roger A. Larson, Esq., of Johnson, Pope, Bokor, :RtJfpel & ~, P.A., P. o. Box 1368, Clea.rwater,F'L 33757-1368 as (hisllhelr) agent(s) to execute any petitions or ~ documents I1eCeSSaIy to atrect 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 (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Beckett Lake. IDdge, Ltd. .~t c., General Partner ~?^'"<< :Ebbert Secre Before me the undersigned. an officer duly commissioned by the laws of the State of Florida. on this I ;/~ day of Nove.rrber .2003 personally appeared lbbert T. Boyle * who having been first duly swom deposes and says that he/she fully understands the contents of the affidavit that he/she signed. STATE OF FLORIDA, COUNTY OF PlNaLAS My Commission Expires: *as Secretary ~ ~.~ Notary Public of Beckett Lake, Inc., General Partner of Beckett LakeIDdge, Ltd. s: application formsfdevelopment review/Affidavit to Authorize Agent ......~~~ _ Jayne E. Seors {!t':!~:.f: MYCOMMISSION# D0041066 EXPIRES ;A".~~ September 2, 2005 ~Rr.~~ 80NDED THRU TROY FAIN INSU~NCf. 1Ne. EXHIBIT "A" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Disclosure of Interest Statement Interested Party/Entity: Interest: Beckett Lake Lodge, Ltd., a Florida limited Property Owner partnership Beckett Lake, Inc., a Florida corporation General Partner of Beckett Lake Lodge, Ltd. Michael Connor Corporate Officers of Beckett Lake, Inc. George K. Kidman Michael T. Wagner Bridget M. Blake Robert T. Boyle #304974 v1 EXHIBIT "B" DESCRIPTION: (UPLAND PARCEL) A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, TOGETHER WITH THE EAST 17.41 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 29 . SOUTH, RANGE 15 EAST, PINEL LAS COUNTY, FLORIDA. BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE COMMENCE A T THE NORTHEAST CORNER OF THE NE. 1/4 OF THE SE. 1/4 OF THE NE. . 1/4, THENCE RUN S. 00'35 '54 nE., A DISTANCE OF 373.23 FEET TO THE JURISDICTIONAL LINE FOR A POINT OF BEGINNING; THENCE N.69'41'14'W., A DISTANCE OF 46.72 FEET; THENCE N.52'44'50'W., A DISTANCE OF 84.22 FEET: THENCE. N.05'46'43"E., A DISTANCE OF 19.22 FEET; THENCE N.42'21 '47"W, A DISTANCE OF 28.58 FEET,' THENCE N.50'46'29"W, A DISTANCE 26.67 FEET,' THENCE N.48'14'58''W., A DISTANCE OF 52.16 FEET; THENCE N.47"12'47"W., A DISTANCE OF 55.17 FEET,' THENCE N.54'25'45"W., A DISTANCE OF 49.95 FEET; THENCE S.42'42'19"W., A DISTANCE OF 53.38 FEET,' THENCE N.82'12'32"W., A DISTANCE OF 33.66 FEET,' THENCE 5. 42'28'26''W., A DISTANCE OF 41.36 FEET: THENCE S.32'36'11'lv., A DISTANCE OF 42.18 FEET; THENCE 5.33'40'08 ''W., A DISTANCE OF 38.05 FEET,' THENCE S.5T02'17''W., A DISTANCE OF 42.52 FEET; THENCE S.66'40'51'W., A DISTANCE OF 32.67 FEET,' THENCE S.44'48'18''W., A DISTANCE OF 23.05 FEET,' THENCE S.25'55'38"W., A DISTANCE OF 59.82 FEET; THENCE S.04'35'13''[., A DISTANCE OF 51.76 FEET; THENCE S.19'58'07"E., A DISTANCE OF 59.55 "FEET,' THENCE S.23'53'59"E., A DISTANCE OF 41.42 FEET; THENCE S.00'57'45"w., A DISTANCE OF 41.16 FEET; THENCE S.04'10'39"W., A DISTANCE OF 44.20 FEET,' THENCE 5.01'44'51 ''[., A DISTANCE OF 49.06 FEET TO THE SOUTH BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION " THENCE N.89'21 '41 "W., A DISTANCE OF 207.87 FEET TO THE EAST LINE OF BECKETT LAKE ESTATES AS RECORDED IN PLAT BOOK 65, PAGE 95, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.OO'32'59"W., ALONG SAID EAST LINE OF BECKETT LAKE ESTATES, A DISTANCE OF 670.97 FEET TO THE SOUTH RIGHT OF WAY LINE OF MONTCLAIR ROAD; THENCE S.89'35'32''E., ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 688. 11 FEET TO THE POINT OF BEGINNING. CONTAINING. 5.915 ACRES MORE OR LESS EXHIBIT "C" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. This is a request for a land use plan amendment from "RU" to "RLM". The parcel which is the subject of this request is currently developed as Beckett Lake Lodge, a 130-bed assisted living facility ("ALF"). The applicant is the property owner and the operator of the ALF. Currently, 16 of the ALF beds are "Alzheimers/Memory Support" beds. The applicant is requesting the additional density in order to be able to construct a separate building for an Alzheimers/Memory Support facility, which will further serve the excess demand being experienced by applicant, as well as allow for more affordable pricing for potential residents. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The property is currently zoned "MOR" which is compatible with the proposed land use designation. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The property to the north of the subject parcel is On Top of the World condominiums, which has a land use designation of Residential Medium (15 units per acre). The parcels to the south and west are RU (7.5 units per acre). To the east is the Beckett Lake Nursery. The "RLM" designation, and the use as ALF, is an appropriate transition between the single-family developments to the south and the multi-family to the north. The impact to the single-family development to the west will be minimal due to the fact that the new Alzheimers/Memory Support facility will be constructed along the east property line. The use as an Alzheimers/Memory Support facility will further compliment the accommodations and services being provided to the community by the applicant. Applicant has also commissioned a Market/Feasibility Analysis of the Clearwater Area which shows adequate demand to support additional Alzheimers/Memory Support beds. 4. Sufficient public facilities are available to service the property. Due to the passive nature of the use as an adult living facility, the increase in density by 2.5 units per acre will not create any adverse impact on public facilities, such as schools or transportation facilities. 5. The amendment will not adversely affect the natural environment. The applicant will seek flexible development approval and site plan approval for the proposed expansion of the existing development. Staff will be able to confirm that the project is designed to minimize impacts on the natural environment. 6. The amendment will not adversely impact the use of the property in the immediate area. The amentlment will not affect the current use of the property, nor impact the surrounding area. #30498.0 v1 - BeckettLake/Ex C to LUPA App .~ I . I ; / 1___ I . 'r .! -, KMlEIH F. II a.m. lURK IF IDRT PIlW.AS CWIJV. fllRIOO 9C6lB609 IHO"2000 09:m:12 JIF 51 &mm lfi([ Lf/IXI- ~ II: I{: mDIlIi 002 Pm ro: SfH - trl19 . ..! :~ nJ.... -_t......red bJ ... retva ~ David A. BlI4:Gn, ~. 2959 rU3t AYa1Ue North S'f;: 1 3 I .. ., . ) :1 -j J 1 I I I I I GRANTOR: ASCOT DEVELOPMENT CORPORATION, a Florida corporation GRANTEE: BECKElT LAKE LODGE, LTD.. a Florida limited partnership GRANTEE ADDRESS: 2901 RigsbyLane 19,tl~W~NOVeilt~~f pW:ol.pa Safirty Harbor, FL 34695 I.......... 1 S WITNESSETH: THAT the undersigned GRANTOR, for and in consideration of the sum ofTEN DOLLARs ($10.00) and tOr other good ml wluable consideration paid by the GRAN'I'EE, the m:eipt aDd sutIicieucy ofw.hich am hereby acmowledgedbyGRANTOR,lIasgmmcd.1mgained, soldaodCOnveyed,andbythfsiDstrum:utdocsgnmt.bargaIn. seD, convey and confirm unto GRANTEE. and to the assigDs andsuccessomininterest ofGRAN'Ilm, all that certain real property described llelow: LEGAL DESCRInION: The Nortieut V" or file Southast V4 or tle Northeast V.. of Sedfon J, TowaUIp 29 Sout&, Raage15 Eaft PiadlasCOUlay, Florid.; togetlterwif' tJae East 17.41 feet or tile North.est Vol oCtie Southeast V4 offlle Nortlleast 11.. or Seetioa 1, To......ip 29 So.t.. RaDle 15luf, PiBelfa Coaaay, Florid., LESS road right of way. TAX PARCEL ID: 01l29/.l5IOOOOOJI4010100 . SUBJECf TO: I. Taxes for the year 2000 aud aD subsequentyeam 2. Consmation Easement Agreement recorded in OA Book 9313. Page 398. 3. Den:lopment Asreemcnt by and between Helen L. Brown, ludith Dennis. Glenda Walden aud Patricia Wilkinson, as Ten&IItI in CoDllOOn (the Owners) and PiDellas County. · political subdMsion of the Stale of Florida and Pannon Ent~ Ltd. (Developer) recorded in O.R. Book 9282, Page 254. TOOBllIER WITH aU tenements, hereditamenrs and 8pp11l'tenal1ces, and with eYely privilege, right. title interest BDdestate thereto belonging or in anywioJe appctlainJug, TO HA VB AND TO HOLD, in fee simple. absolute and forever. ~ .::....: : ",,,":'.' ' .. ...:- . ~ :; ~ " . .. ;.' ....~.. \'" .. ... t . ____on _ .. .. n -----.-..- _. EPG; '10.50 fM~lO.OO J " '. , I..' r -=- - . _. I. . ," _ ... . . . '. "I . .""w. .. "'."', PINELLAS COUNTY F'LA OF'F' .REC .BIC IU2S PG he AND GRANTORdoestovenanlaudwammttlJatGRANTORhJaw1Wlyseizedofthesubject ~s, free 1iom aD c1llims, .Iicas or eDCl.IIDbtmcg except those hereiD-abovc stated. with good aod 1awfid right, power and authority to hereby convey the same to GRANTEE; and GRANTOR1Urther hereby warrants the title to the land abow described. and wiD dcfimd the same against the lawful cl.1ilm of aU pmons whomsoever. INWlTNESS WlIBREOF. the GRANTORhDscaused this WARRANTY DEED to lleduJyexecuted upon the date first above written. Witnesses: ASCOT DEVEWPMENT CORPORATION. a Florida cotpOmtion By: dL JOl}M'b. wn.sON. itsPmident :J I Ed~ PiiIIcd.. ~. E~.wA~..nS -tZ~ PIidcd!&ne: 0' ~'X::rl nn/ r~ t'1rNe.n S. STAm OF COUNTY OF (9QGt.~ ~\J.,l.~ BEFORE ME pcrsouaJJy appeared lOON D. WILSON to me -U Imown or who lw pniduccd Lis driYCl'a license IS idcntUbtion. and known to be the iudiYidual described 1ft md\Yho exec:utcd the foregoing instrument IS Presicfcnt of ASCOI' DEVELOPMENTCORPORAnON,. FbicJa CllIpOfIIioo.sewralJy IdmowledpcltomJ Wore me diat heoecutedsuch imtrumcnt lIS an ofticer of said carporatioa.lDdthat the seellffixed to the foregoing iDstrumcnt is the CIXpllraIc seallIld dill it was afIixed by due J. llI1d RBUJar CIOI'pC!ratO audwrity and that said iuslrument is the he 8(.t and deed of said corporatioa. W"1bICSS. ..........._....~"'_.2000. V~) J Myc.m_~ ~ (.t t ~.J'q 'jff et CR<{ ~ ~ ~:t-~~ NOfARYPUBLlC ~. , '. '.' ....:.~..; .~... .':','~-~' ..............~...~~i-'r:~~~...:- ....::~...'~..... . ...: :~.....: .:." : '! I , I ". r ; STREET SETON ~ c::::=J ~ ~ 5 ~ ~ m ~ ~ u ,. 00 ;; 00 ~ Location Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR Atlas Page: 253B :- -: _ _,- -1_ , , , . - ~- - ~ -:-a ... "'0 , :__I-~ .L~~.,: ~.'~.'~~ {~~~; r<) 5 : ~ - - _:~ 9- - -'_I - - - - ~ ,.. - I, " - ___.. I co _I I ..... ----~- ; I ~_, '- -~~_: '" :.- .-~ " SUN TREE DR ," ~.'.'.'. t~.-;-.: ~.'~',____) 2 f;! "'" '" , -:,.--:,_,___1 , ' ,- ~ , , , , 't93ff 1- --, , , 1--1 II o ... '" -- --I .' , , , , ., "'1936 2 oS o '" - - --I : ' kJ6~ ,. , , , , 1___' , . , 1___ __ OJ 191f9-- --, rn , 0 , . ~ , =:1 :_ _ _ _ J , r-- :b ~ , , 0 - - - - - I ::0 ' , , , , , ---- , ,. , :- - - ~ ,-' 'I :., j; . " Zoning Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Land Use From: RU To: RLM Property Size(Acres): 5.91 Zoning PIN: 01/29/15/00000/140/0100 MDR MDR A tlas Page: 253B '" ~ '" n , , ,-, L,-, - - - -: ~ - \. : . ~ -: .- -~ - - -: ~ -,---- :_---~- '---,~-' :-.-'~ @ SUN TREE DR t) :0 ; - --. , ' ,- ~ , , ............ ..- ~... ~.~ -...... , ~_. I \ \ ~.. \ \ \ Water 5 : ; .- I.. __I 9-\ ,-- , , , , ~ , '- - --' '-. I : - - - ~' , , 1_-, " ~ '" ----, .' , , , .- -, -- 1930 2 oS c "' Existing Surrounding Uses Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003- 11 013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR Atlas Page: 253B J Property to the west Property to the south Property to the north -.......... --- ....... ----- ==------- ------ ..,~ , ~....,---ev~~~ .~. ......- -~~........-.-.-~,~ Property to the east Beckett Lake Lodge, Ltd LUZ2003-11013 2155 Montclair Road : P... .ELLAS PLANNING COU",~IL AGENDA MEMORANDUM '- . ....1111 I AGENDA ITEM: NB-4. I I MEETING DATE: April 21. 2004 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Urban - RU To: Residential Low Medium - RLM Area: 5.9 acres CASE #: CW04-24 JURISDICTION: City of Clearwater (LUZ2003-11013) LOCATION: South side of Montclair Road, approximately 1,000 feet west of Belcher Road TYPE: Level I-Type C Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level 1 Subthreshold Amendment to Residential Low Medium Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following findings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level I subthreshold amendments of the Countywide Plan Map. PINELLAS PLANNING COUNCIL ACTION: The Council recommended approval of the amendment from Residential Urban to Residential Low Medium. (Vote 11-0) COUNTYWIDE PLANNING AUTHORITY ACTION: 1 F :\USERS' WPDOCS ILUICASES,04 casalApri)'.RqJons\CW04-24.clw.doc 02-17-04 11 :42am From-JOH~SON,POPE,PA 7274418617 T-102 P,16/S7 F-504 " . I ~ INST t 96-073831 MAR 19, 1996 3:19PH ~~LOl.M$ff..,~~Eta:.Ja. PINELLAS COUNTY FLA. OFY.REC.SK 9~82 PO '254 TlU:;S DEVELOPMENT A(iREEMENT (this ltAgreementft) is elated the .i re- day of ~.J,,., J.~9S, effective as provided in Section 5 of thia Agreement, ana entered into by an~ between HELEN L. BROWN, JUDI~:K PENNIS, a~NDA WALD~ and PATRICIA WILKINSON, as cenanta in comf110D. (htb~ Owners") and PlNELLAS COUNTY, Florida, a po~itical subdivision of the State of Florida, acti.ng through its Board of County Commissioners, th.e governing body thereof (the " county 14 ) and PANNON EN'l'ERPRISES I LTD., ("Developer-) . llEC1:TALS : A. Sections 163.3220-l63.324-3, Flo~:'Iid~ Statutes which set forth the Florida Local. Gove:cnlt\ent Development Agreement Act (the "Act 11) authorizes the County to enter into binding development agreements with persons havin.g legal or equitable interest in real property, located within che uninco:poratea area Q~ the Pinellas County, Florida. B. under section 163.3223 of the Act:, t;he County has adopted Chapter 134, Article V1! of Part III, tbe J?;j,nellas County Land Development Code, the "Code", establishing procedu~es ~d requirements to consider and enter into development ag~eements. C. The OWners are the f~~e owners of t:.hat certain parcel of ~ land located in the unincorporated area of ?inellas County, Florida, ami more particularly describe~ i.n Recital "F (1)" of this Agreement and referred to herein as "the Real property". D. The Real Property is currently under contract to the Developer who is desirous of building an adult congregate living facility ("ACLF") on the Development ArC)& ,of the Real Property as rnOt'e part:1C'Ularly described in Recital "F (1) II of this Agreement. B. The Real ~ropert.y cOllsist:s of approximately 10.625 acres with approxima.tely 3.985 aCI'es being suhmer~ed. ~ ~. For purpo~es of this ~sreement, the Real Properey is d.ivided into pa.rcels as genf:rally depicl:ed in Ex.hibit:. II At! eo thia agreement and as 1egall y de~)cribEcc:l as ft::>11ows: PZ(MJ\.~~ ~J<;- fJ.q ~ ft (M\ "o~\~ r- (1 ~ ~s~~rnc!~' ~5. \ \ 02-17-04 11 :43am From-JOHNSON , POPE PA i274418617 T-102 P,17/37 F-504 .r P!NELLAS COUN7Y FLA. \ OFF.REC.BK 9282 PG 255 r r [ [ f [ .r.....r t r [ 1. [ ~ [, I 1. "~al P;rq~rty-I\ The no:rt.heast one-quart.er of the southeast. one-quarter of the northeast one..quarter of Section 1, Township 29 .outh, Range lS east, together with the east l7.41 feec of the northwest cme-.quarter of the southeast one- quarter of th& northf~ast one~quarter of Sec,tion J., Township 29 south, Range lS ea.st, Pinellas County, Florida 2. "BezQne/Rede!i'ii~t ~on 1\rea" The aeal Property a~ defined in t~e preceding subsection 1, above Leas tha.t port.ion of the property below tne 25 year fl.;>odplain inciuding wetland jurisdictional areas and submerged lands. (The lessed portion wi1-I'nret-a-in ,,. preservation designation. j 3 . "~Qp..sf:rvation alld rr~se'r'V'a~ion A:redsl. The East 17.41 feet of the northwest one-quarter of the southeast one-quarter: of the nOl:'theast one-quarter of Section ~, Township 29 SQuth, R~~ge lS east, Pinellas CQuncy, Florida, together with t,he wase 32.59 feet-of the northwest one-quarter of ~he northeast one-quarter of the southeast one-quarter of the northeast one- quarter of said Section. 1, toget.her the south 85 feet. of the northwest one-quarter of the northe6st one- quart.er of the southeast. one-quelrt;er of t.he northea.st one-quarte~ of said Section 1 lying ea.st of the wes~ 32.59 feet of the northwest one..quart.er of the northeast. Qne..quart~r of the southeast one-quarter of the northeast on~-quart.er of said section 1., together with the southwest. cine-quarter (:If the norcheas'C. one- quarteJ:" of the soutl'teast One-qu.lrter of the northeast one~quarter of said Section 1, ~ogether with the east 17.'ll feet of the nClrthwest one-quarter of the soucheast one-quart:Elr of the. no'ctheast one-quarter of Section 1, Township 29 south, Range 15 east, Pinellas Co~ntYI F1Q~ida togHther with cne west 32.59 feet of the northwes~ one-~larter ot the northeast one-quarter of the southeast onH~quarter of the northeast one- quarter of said SeC1: ion 1, together the south 65 feet 2 02-17-04 11 :44am From-JOHNSON,POPE.PA 7274418617 T-102 P.18/37 F-504 PINELLAS COUNTY FLA. OFF.REC.BK.9282 PG 256 of the norehwest. one....quarter C)f the nox-theast one- quarter of the $QUI;neast one-quart:er of the northeast one-qu.arter of saiti section 1 lying east:' of tne west 32.59 feet of the )lorthwest ot1e~qu.arter of the northeast one-quar~e%.' of the southeast one-quarter of tne northeast one-c~arter of said Section 1. together ~ith the southwest one-quarte~ of the northeast one~ - quarter of the southeast one-quarter of the northeast one-quarter of said Section 1. 4. ~~velopm~nt Area" I' The northeast one-quarter of t,he asoutheast one-quarter of the northeast OCle quart-e:.:' elf. Section 1, TQwnsnip 29 south, Range lS east, togetbel~ with che east 17.41 feet of the northwest one quarter of the southeast one- ~arter of the northeast one (~arter of Section~, Township 29 south, Range lS east of pinellas County, Florida Less The East 17.41 feet of the northwest one-quarter of the" eouthea.st one-quat'ter of the not:theast one-quarter of Section 1, Townshi.p 29 south, Range 15 east:., Pinellas County, Florida, t.ogether with the west 32.59 feet of the northwest one-.quarter of the nox-theast one-quarter of the southeast cIne-quarter \~f the northeast one- quarter of said sE.~c:cion 3., to~ether the sout.h 85 feet of the northwest: e>ne-quarter of the northe.ast one- quarter of ehe southeast one-quarter of the northeast one-quarter of said Section l lying east of the west 32.59 fe~e of ,the northwest one-quarter of the 'northeast one-quarter of the southeast one-quarter of the northeast one.quarter of said Section 1, togetner with the southwest: one-quarter of the northeast one~ quarter of the SOl,ltheast one-qua.rter C)f che northeast one-quarter of said Section 1. G. The Real Property if I cun-ently :l;oned A-E (Ag~icultural Esta.te Residential) wit.h a combination:' of Resident.ial-LOw and Preservation land-use designations. 3 02-17-04 11 :44am From-JOHNSON , POPE FA 7274418617 T-l02 P,19/37 F-504 '--..::" PIN~LLAS COUNTY FLA. OFF.aEC.BK 928Z PG 257 H. A portion of the Rea.l Property is designated a" preservation on the county-wide futu~e land use maps. I. The Owner and DevelcpEI)~ desire to deve1.op a port.ion of the property but the County and the adjoining neighborhood desire, that a portion of such Real Property that is presencly designated, with a preservation land use be maintained as both preservation and conservation areas. J. The Owners and Oevelopl~r may obtain. the density allocation necessary for the proposed ACLF from a portion of that area presently designated as Preservation only if that portion necessary to oPtain the required density, the Conservation Area, along with tbe oe~elopment Area is redesis~ated to an RM 7.5 zoning category and a Residential Urban and land use designation both of which allow for a tran.sfer of denuit.y. ":'~" "l,.,.~.....~~.., K. The County cannot just Lfy' such a rezoning and redesignation for the entire l<ezone/Redesignation Area a.bsent p:r.ocection of a portion of tha.t. property, the Conservation Area, by redesignating that area as !?l;"eservation after transfer of the density onto the Development Area and fut"l~her obtaining an appt"o~riate coneenra.tion eal$eltHent over chc! Conservation Area. L. The Owners and Develop.~r have a.greed to maintain the Conservation Area consisten~ ~ith the te~ns of the conservation easement in exchange for a redesignation ilnd rezoning which will allo.w a transfer of density :5'ltfficient to allow development of the proposed ACLF and having t~he conservaclon Ar.a revert hack to Preservation land use and prenervation/conservation zoning designations after the density has been transferred. M. The County, Owners and Developer ha.ve determined that it would be mutually beneficial to enter into a developer agreement governing the matters set fo~t~h. herein a.nd have negotiated this Agreement: pursuant to and in accordance with the Code and the Act. N. The Board of County Cc.mmi5sioners of Pinellas County, Flo~iQ,a has found that the terms of and developments orders associated with this A~reemen; are consls~ent with the P~nellas County Comprehensive Plan, th,~ Cou.nty's countywide Comprehensive Plan and Pinellas County's land development regulations. 4. .I I I I I I I I r f [ I [ l r ! L 02-17-04 11 :45am F rOil-JOHNSON I POPE PA i274418E17 T-l02 P,20!37 F-504 . . PINEtLAS COUNTY FLA. OFF.REC.BK 9282 PG 258 ~A1'JMENT OF '!'HE AGRE'EMEN'I' In consideration of and in reliance upon the premis$a, the ml,1t;ual covenanr.s contained neJ;eio, and other good and valuable consi.deration, the receipt ;ut<:l sufficiency of which is hereby acknOwledged I the parties heruto intendin~l to be legally bound and in accordance with the Acl~ agree as f~llows; SBeTtoN 1. ~CItM~$ . The ~I.bove recitals are true and correct and a~e a part of this Agreement. , SECTI:ON 2. tNCORPOJtA,.T;OJl OF THE ACT. 'this Agreement is ~ntered into in compli~Qe Wil~h and under tha authority of the Code and the Act, the terms of which as' of the ,date of tb.i15 Agreement are incorporated he:cei.:t by this reference and made a pare of this AgreemenC. Words used in this Agreement without definition wnich are defined In the Act shall have the same meaning in this Agreement as In the Act. SECTION 3. f.ROPERn SJm~CT TO THIS "cm14~" Th.e R.eal Property as previously described in this Agreement is subject to this Agreement. SECTION 4. ~RSH'IP " The Real Propel'ty is owned by the Owners as previously described herein and. ia currently under contract to th~ Developer. SECTION 5. El'FECTIVE DA.TE/DU~'+'tQtl..or .nn:s AGRE~. 5.1 This Agreement shall become effective as provided for by the Act and shall be contingE'!nt upon Qbtllining final approvals to the special exception, land \.~se and zonillg d.esignations required to implement this Agreement. 5.2 The Agreement shall continue in effect until termina~ed as defined herein but: tor a period not: "tl;) exceed five yea.rs. Once any density available in the Oevelopment; Area is utilized for the ACLF or for any othe~: purpo~e a.llowed under the 5 02-17-04 11 :45am From-JOHNSON,POPE PA 7274416617 T-102 P.21/37 F-504 .1 PIN~LLAS COUNTY' FLA. OFF.Rr::C.BK 9282 PG 25.91 Owner/Oev~lope~ shall Qf all parties. ap~licable ~oning, the obligationa of the be irrevocable excep~ by routual agreement SECTION 6. 2B~IG~.O~ PNDER. THIS ~GR~~ 0.1 Qblig~~ns of The 0Wn~ Obligations under this Agreement shall be binding on the Owner, Developer, and their heirs, successors or assign$. 6 .1. ~ Cons~;'Y&.t;ion, C.:mcurrent wi.tlt the County's Clpproval of this Agreement., the Owner shall' grant the County a consEu:vation easement over, the Conservaticm and I?reservation Areas in a form approved by the County }..tt~'Orney. That deed. snall be immediately recorded by the County. The terms of the conserva.tion easement shall cc;,ntain the following restrictions: .. _ 1 .. '"" ............-.... .-...". ."",,'~;";'~ A. The intent of the easement a4ea is to "retain the easement area in an essentially natura.l condition. The following acts or aotivities a.re expres~ly prQhibit(~d within the easement in the absence of a specific J;Jermit from the Grantee; 1. construction 01' the placin~J of any structure or materials on Ol:' above the ~Jround except sid~walk:;i, benches, fencing, or picni(: t.ables in accordance with zoning st~lndards. 2. The plilo<:ement elf any material such as trash or waste which i:$ inconsistenl; with the intent of the conservation easement. 3. Removal or dest.ruction of l:rees, shrubs or other vegetation excf.~pt aa permit:ted. by Pinellaa County, consistent with the preservation category. 4. Excavation or "ther removed of material except as permitted by Fj,nellas Count":.Y. consistent with the preseJ:VC1t.ioo. cc1t:egory. 5. Uses except fOJ~ the J}urposces that permit the area defined by the easement to remain in an essentially natural conditi.on. 6 I I I I I f r I f [, ~ ~ [ i 1- r , I .,. 02-17-04 11 :46am From-JOHNSON, POPE PA 7274418S 17 T-102 P.22/37 F-504 , .' PINELL~S COUNTY FLA. OFF.REC.BK 9282 PG 260 6. Any activity d~trimental to drainage, flood control, water conservation, erosion contrQl, soil conservation, ,)r fish and wildlife habitat preservation, .exoept: as se,t forth herein; B . The Easement: shal.l convey thla right to tha County \':.0 enter upon the Real Propere.y at reason.able times to enforce the rights herein granted upoa prior notice to the Owner, Developer, their hei~s, successors or assigns at the time of such entry. ~ 6 . ~. ;2 The Owner, has filed an overall development: plan ("Master Plan!') with its applioation for this Agreement. The overall development planl for purposes of-this agreement and ~h~ special exception approval: A-. Shows al,l densit.y transferred from the conaervacion and Preservation Areas "into tne Oevelopme.nt Area. Tbis transfer may not be revoked by filing. of a subsequent RPD master plan. B. compliance in Section Code, Sh,?ws that infortnation neceS:5ar,y to demonstrate with the criter~a for special exception approval found 13e-l~4 and Article 7 of Part II of Section 138 of the C. Immediately upon tne effective date of the rede$ignation~ referenced in subsections G.2.~(A and B) of this subsection 6.1 and by operation of the Rl'D mast:er plan, the re$ident.ial density allocation shall eff~ctively transfer from . the Conservation and Preaervati,on Areas to the Development Area;. D. The Master Plan J.a attached to this Agreement; a,.., Exhibit US". 6 . 1 . 3 Dev.lopment Usee, A. 1\9.ylt...Cs:m.greqatej.',j,v;,ng 'Faci~ (IlACLFIt) 1. The ACLF approved by the Board and as conditioned in Section 6.2.2, below :;;hall be deV'elopE~d as approved generally in the overall development plan. To the extent that changes are necessitated by the site plan process thu.t do noe implicat.e. the cri~eria for a special exception approval, the overall 7 02-17-04 1 i :46am F rOil-JOHNSON, POPE FA 727441 aS17 T-102 P23/37 F-504 PIN~~LAS COUNTY FLA. OFF.REC.BK 9262 PC 261 development plan may be modifit~d administ;ra.tively in the site plan proeess. Substancive chaugea that WQuld impli~ate the cri~eria fo:r; a special exception approval, in th.e discretion of the County Admini.,tra.tor re~iJ~e Board of Adjustment. approval. Heights I;lhall be gov~rned by the height relitrict.ions of ehe Res idential multi ~ family 7. 5 zuning distril:t. Art icle IV I Division 10, Pinella~ County Land Develop~~nt Code Qr its SUccessor provisiou as it exists at the time of execution of this a.greement. B. Other uses permitted in the Development Area shall be governed by Chapter 138, Article IV, Division 10, Pinellas County Land Development Code or its s~Ccessor pro~ision.as it exis~a at tn~ time ~f develop~ent review. 6.1.4 pev~lopment Revie~-P~ooess. Except as specifically prQvided in Section: c; .1. 3 (X) (1) of this -:Ag1~ement, at the time of the development of the Real Prc:,percy I the Owners or Developer will submit such ap,plications and documente\tion and shall eOlUply with the Count.y's land development regulations applicable at: the time of development review. 6.2 O~iaationB qf the Coun~ 6.2.1 Zoning and Land US~ ~esignatiQn Chan~e~. A. Concurrent with tht~ a.pproval c.E this Agreement, ehe Board amends the zoning and land use designations for the Rezooe/'RedesignatiQn Area from an AE Agrio\J.ltural Estate Residential zoning designation with a land use designation of Residential Low and Preservation to a %OniD9 category of Residential Multi-Family 7.5 and land use Qes1gnation to Resident~al Urb.n. 13. The final effectivf;!neSS of the redesignatiQns ~eferenced in subsection A of this section 6.2.1 is subject to: 1. the provisions of Ch.apter 125 and 163., Florida Statute$, as they ~y govern s~ch amendments; and 2. amendment of th~ Count.ywide Comprehensive Plan (Ordinance a9-4, as amended]; a~d 8 I J I I I I I r r l [ l E [ [ I 02-17-04 11 :4!am From-JOHNSON , POPE PA 7274418617 T-l02 P,24/37 F-504 PIN~LLAS COUNTY FLA. OFF.REC.BK 9282 PC 262 3. subject to the conditions in subsection C of this section 6.2.1; and 4. subject to the expiration of any appeal p~riods or, if an appeal is filed, at the conclusion of such appeal. C. Upon the effect.i ve date of the zoning and land use changes referenced in subsection A of thia subsection 6.2.~, above but &ubsequent to the density transfer referenced in subsection 6.1, above~ the land use designation on the Conservation and pr~~e~lt:ion JU:-eas, shall'revert back to the preserva.tion category and t.he ?;oning designation shall revert back to a preservation/ Conservation (PC). zening desig~tion. As a result of the transfer referenced in subseQt~on 6.1, above, there shall be no further residential density available for ~ranefer from the Conservation ~e3 pursuant co Chapter 138- ~OB2(5) of the Code. 6.2.2 special I!:xce-ptiOl"l. AiPw~va1..("ACLFn) A. Pursuant to sectlon 134~293 of the Code, and concurrent with the approval of this Agr(,ement f the Development Area is granted a special exc:eption for use aa an Adult Congregate Living Facility (ACLF) all~wil\9' ninety-five (95) beds and one-single family residence. The Sl?eQial exception approval is subjecc to t.he effectivenE~sa of the r,~designat:iona outlined in Subsection 6.1, above. a. The following conditions shall apply to the development of an ACL'; 1. The oapaeitr,(,~be. hft}:'~~ m:B"" l-i:nr.t~o;- t:~-~l!dS".'. (person.!;1) .' ...' 2. Parking requi~ements are to be addressed in the Master Plan. 3. The building shall be constructed in a manner so as to agaeam~....--..i.\~1J~Io~t;a~;j.ly.-st ructure . , 4. Where a license is requiI'ed f:rom the seat.e n~~artm@nt of Health and Rehabilitative Services, this special 9 ,[ PINELLAS COUli'l"l FT~A.-' OFF.REC.BK 9282 PG Z63 [ ( I I r [ [ I [ [ t K L OZ-17-G4 11 :47am From-JOHNSON, POPE PA 7274418617 T-l0Z P.Z5/37 F-504 exception shall not become effective until suoh license is issued. 5 _ Development of Ule ACLF sl\all be consiatent with the Master Plan subject to siell plan review. Section 7. ~~lic Pacil~ti~s ~o s.rv~g,-Oev81opment. The following public ;ac::ilities ar(: presently available, to the Real Property from che sources inQic~ated pelow. Development of the Development Area will be govented by the concur~$ney ordinance provisions applicable at the tj.me of development approval. ?1 JilOtable water from the {li.fte:llaa~~u5t). water ~ City of Clearwater. - In cials _. ., '''~'l. 7.2 Sewer service from the riaellas c~u~~;.. sc\;e~~. ~~~;Y.- of Clearwater. I~'t ls 7.3 Fire protection from the Pinel.lao-- Ce\:A.l!lt.y WateJ:: City of Clearwater. ------ In tialli 7.4 Drainage facilities fc,r th.e parcel will be provided by the develope~ of such property. Sect.ion 8. . Requi;red tJoeal GQ-y.~l1:nment i'e;p~. 8.1 The required 'local 'gov~\rnment deve,Lol?ment permits for the development of the Davelopment Area include. without limitation, "the following; 8. L.1 Site plan approval(si; 8.1..2 Construction Blan approv~l(s); Build1ng permit(s) 1 8.1.3 13.1.4: Certificate(s) of occupancy. a.2 Any activities .within' t:he Conservation and Pr~servation 1~ea5 ehall he governed by th~ provisions of the Conservation gasements and shall require p:::'ior County approval J except as 10 02-17-04 11 :48am From-JOHNSON , POPE PA T-l02 P.26/37 F-504 7274418617 PINELLAS COUNTY FLA. OFF.REC.~K 9282 PG Z69 Section 9 _ ~SWElistenc:~. The County find~~ that development of the Real Prope~ty consi5tent wLth tne,terms of this agreement is coneistent. with the Pinella.s C(:>unty Comprehensive Plan. Section 10. J\pplr~9abi.li~1!:. This Agreement sha.ll be binding upon the Oeveloper, its successors and assigns. :~ " Section 11 ~~inat1on. In che event of termination pursuant to the following contingencies, all 20ning and land use changes shall return to their previous designations.as they existied prior to entering into this Agreemen~. The Owners and Developers agree to cooperate and not contest any administ1:'ative proaedures necessary to implement rescora~ion of all land use and zoning designations co their designations prior to the execution of this Agreement. All easements grant:ed pursua'nt..tl().~this Agreem4;!nt shall be released. ~ 11. ~ In the event the DeV'f!lope:r fails or refuses to purchase the subject Real p~QpertYr the Development Agreement may be terminated at the option of the Owners. In such case, a Termination of Oevelopmenc Agreement will be signed by both pa.rties and recorded in che public recordf!. ll.2 In the event of a defa.u.lt by PCULnon Enterprises, Ltd. under its Contract to purchase: th.e Subject real property from the Owners, then this Agreement and the obligc~cions made hereunder shall be assumable by a suhsequen~ developer, to be named and approved in the sole disc;:::eci,on of the Owner. ~~.3 If the Owner or the Developer(s obligations set forth in this Agreement are no~ followed in a timely manner, as determined. by the County Mmi.n,istrator t after notice to th~ Owner and Developer and an opportuni ty to be h.a.rd, exist.ing permits snall be .dministratively suspended and ili5suance of permits for development of the oevelopment Area shall immediately cease until the Developer has fulfilled irs obligapiol1.Sl. Failure to timely fulfil.l its obligations may S(lxve as a ba.;sis for termina.tion of the Agreement by the County r ~t ch.e discrl~tion of the County and afcer notice to the owner and an opportunity for the Owner to be hea;ro. 1.1 i ( f I I I I I I f [ t [ [ [ I l. 02-17-04 11 :48am From-JOHNSON , POPE PA 7274418617 T-102 P.27/37 F-504 ..... PINEL~AS COUNTY FLA. OFF.REC.B~ 9282 PG 270 Sectj,Ql1 1.2. Qther T.;r;ms aM 1::Q.miit.i~ns. 12.~ The conditions, te~na/.re&trictionS, and other requirements determined by the County co be necessary for tbe . public:;: health, safety or welfare of the clitizens of pinellas County are included in oX' incorporated into this Agreement. '12.2 2xcept in. the case (:;)f termination, until January 1, ZOOO the Develop~ent shall nc;.lt be aubject: to downzoniug, unit den6ity reduction, or intensity reduction, unless t.he loca.l government has held a public hearing and determined: , .12.2.1 That substantiAl changes have occurred in pe~tinent conditions existing a.t the tlme of approval of the Q.evelopment a.greemeht; or 12.2.2 The Development Ag:reement is based on substantially inaccurate in.formation provided by the Owner or Developer; or 12.2.3 That the changtJ is essent1o:l.1 to the public health, safety, or welfare. ~2. 3 Tn; tiat:i.QJ1 of ConsJ:ru<;;l;ion.. 'l'he special exception issued pursuant to this Agreement shall .automatically expire within. one year from the effective datel:)f th.is Agreement if all applicable permits and clearanoes required by the county have not been obtained for such projel:t. All permitst site plans, and other required approvals musl; pe obt.ained; and t.he granting of any special exception ~hall itot b'e cieelned a.s automatic appro"al for any such permit or site plan required. Expiration of the one year validity period shall bl~ tolled, if judicial proceedi.ngs to review the development orders granted under this agreement shall be instituted, until the date of entry of the final order in such proceedings, including all appeals. 12.4 Exten~ions. An eKtension of one year for the spe~ial exception may be granted by the Directot' of Development Review Services upon a showing of good cause, provided .ehe request for extension i6 submitted in writing stating the reason for extension is received 30 days prior to t.he expira.tion of t.he original time limitation which was est'ablished. 12 02-17-04 11 :49am From-JOHNSON , POPE PA 727441 aS17 T-102 P.28/37 F-504 ," PINELLAS COUNTY FLA. OFF.REC.BK 928Z PG 271 12. 5 Exoirat ioO . The 5pl,ci.al except.ion grant:;ed in thie Agreement: shall be deemed t.o a.'ltoroatically e:xpire in the event ill structure or use of land which is the subject of the special exception has' been discontinued or removed for a period of 90 consecutive days. ~ Seotion 1.3. C~lia:n.~ with..I.tm!. The fa.ilure of thi.s . Agreement:; to address any parti(::ula.r permit, condit;. ion, term or rflstriction shall not relieve l:he OWners or Developer ~rom the necessity of complying wit;h thl! law governing such permitting. requirements, concl..i.tions. terUll; or restric:tions. Seotion 14. Noti~es. Notil:es and communications required or desired to be given under this Agreement shall be given to the parties by ha.nd. 'dfrl"ivery I by nationally recognized overnight ,.1 . co~rier service such &s Federal Express. or by certified mail, return receipt. requested, aQ.dr~tssed. as follows (.copies as provided b~low shall be requi:rl!d for proper notice to be given) ; The O'Wners: ~homas C. Nash, II Macfarlane Auslf~Y Ferguson &; McMullen P. O. Box 16'69 Clearwater I FL :~4617 \ r 1:f to Couuty: Pinellas Coun.ty Soard of County Commissioners c/o County Administrator' 315 Court: Stl:"eet Clearwacer, FL 34616 If to the nevelope~: Robert Carlson 0/0 Landma:rk InVe1Jtment Network, loe. 15 Pal'adise Lane Treasu.re Island, 1ft. 33706 .~' Properly addressed, postage prepaid, notices or communications shall be deemed delivered and ~eceived on the day of hand delivery, the next business daV after depos.i.t with an overnight courier service for next day delivery, or on the thi~d (3rd) day following deposit in the United States mail, certified mail, return receipt requested. The ~arties may change ~he adaresses se~ forth above (incl~ding the addition of a mortgagee to receive 13 I I I I I I I I I [ 1 I r f [ t. 02-17-04 11 :56am From-JOHNSON , POPE PA 727441 as 17 T-1D3 P,29/37 F-504 PIN~tLAS COUNTY FLA OFF.R8C.BK 9282 PG 272 copies of all notice~), by not,ice in accordance wi.t.h this Section. Section 15. &i~~t t9 Cure. The Owners or the Developer will not he deemed. t.o have failed. 1;0 comply wi1:h the terms of th.is Agreement until they shall have received notice from the County of t.he alleged non...complianc:e and until tl:l~ expiration of ill reasonable period after receipt of such notioe to cure such non-compliance. Whether the ti.me period h.lS been reasonable shall be based on the nature of the non-complial1.ce and shall be determined. in the sole judgment of the County Adlllinist~ator, reasonably exercised. Section 16. lUnor-.Nql1"co~lM..nce..s. Th,a Owners or the Devel.jpe. will not be deemed \:0 have failed to comply wit~ the terms of this Agreement in thf! event such non.compliance, in the judgment of the County Admini21t.rator, r,easonably exeroised, is of a minor or inconsequential nature. Section 17. Coveri.iWtt of Coop~ra~io.n. 'rhe parties shall cooperate with and deal with HaC!h other in good faith and aS$.i.st each other in the performanoe of the provisions of this Agreement and in ,achieving tne completit)n of the d.e'l(elopment of the Pat"cels. Section ~a. 6pprq~,l>>. Whenever an' approval or consent is requi~ed under or contemplatecl by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approva..L::J and consents sh~11 be req'llested and granted in writin~. Section 19. ~mp~eti9~ of ~1reeme~t. Upon the completion of performance of this Agreement or its revocation or termination. a statemen~ evidencing sucn completion, revocation or termination shall be signeQ by the partj.es hereto and. recorded in t.he off icial records of Pinellas County, Flo1:'ida. 14. 02-17-04 11 :56am From-JDHNSON,~OPE PA 7274418617 T-103 P.30/37 F-504 I .1 prNELLAS COUNTY FLA.' OFF.REC.8K 928Z PG 273 I S8ation 20. Entire A~e~nt. This Agreement, (including any and all Exhibits attached bereco all of which are a part of this Agreement to the same extent as if such Exhibits were set forth I . ..~.~~ ~\,l~.l ln, ~~~.,_body o.f ~bi~. ~~ ~e~~~n.;,).' ~~t)~~~t\ft~s. ;t.~~ ,en.t~.r~. .; :. , agreement 'bet.\r,te,en ~he' pa.rtie's h.erct:Q pett;ct.~nin9 to alt:!. suhfe:tit ." .,,-. .-. ~ ", matter hereof. ' I I 1 I I I I l I I { f ! -' SeatioD. 21. Q,Oftstructio.n. 't'ne titles, cape ions and. sect.ion numbers in this Agreement are inserted for convenient reference only and do not define or limic the scope or intent and should not be used in tue inte:t:'P:r~tatLon of any section, subsec~ion or prOVision of this Agreement. wnen&ver the context requires or permi.ts, the singular shall in.::lutie the pll.lral. and plural shall reference in this Ag~eement to the Owners includes their succest;liors or assigns. This Ag'C'eement was the production of negotiations between representatives ..fOl: the County and the Owners and the language of thi:3 Agreement. should be given its plain .and o.dinary meaning and should not be construed a~ainst any party hereto. If any perm or provision of this Agreement is sU~cepti!;)l& to more than one interpretation, one or more of which render it va.lid" and enforceabl!~, and. one or mQrE! of which would render it invalid or unenforce.lble I such t.erm' or provision shall be construed in a manner that would render it valid and enforceable. S~ction 22. Parti,l rnvalidi~. If any term or provision of this Agreement or the applioatlon ther~of to any person or ,circumstance is declared in~alLd or unenforceable, t~e remainder of this Agreement. including allY valid portion of the invalid term or provision and. the applLcation of such invalid term or provision to circumst'ances oth.!r than those as to which it is held in~alid or unenforceable. shall not be affected thereby and shall with the remainder of thls Agreement continue unmodified and in full force and effect. '~otwit:.hstanding the foregoing, i.E $uch invalidity or unenforceabLlity results in a material and substantial change in che righc~ O~. responsibilities of any parey thereto to the extent that the purpose of this Agreement or the benefits ~ought to be receive~ nereunder are frustrated, such pa~ty shall have the r1ght to cerminate this Agreamenc upon fifceen (15) days notice to ~he othe~ ~a~ties, ~5 02-17-04 11 : 57am F rOil-JOHNSON I POPE PA i274418617 T-l03 P.31/37 ~-504 PINELLAS COUNTY FL~. OFF.REC.SK 9282 PC 274 Sectic.a. 23. Q9verTI-UIs Law. This Agreement shall be governed by and construed in aecordanca with the laws of the State of Florida. without regard ,to the conflict of: laws 'pr~nciplea of such . .. ';.'. - :.,tate. ". '. '.' .... .-: '\": ," .~.. ". .~. '" :' :.. 's'o:'" .~": ,':; , t ,- '.... ~~ \',," .:: .." ",;', l .. .""" "',. . . . .. "., .. .... .. .... If.. .. _ . .. . "' ",.~ ". ;........._..:.......,.,~1.~~'1~.,.._.:......:' .Il~ " '1~.... ;;. ." S~et:.ion 24. ~ount6;:parts. This ~eeruent: may be executed in - counterparts, all of t/IIhich together shall. constitute one and the same instrument. IN WITNESS WHEREOF 4 the pal~ties ha.ve hereto unto executed tl'li~ Agreement the dat.e and year first above written. ' . ENO OF SODSTANTIW PIlOVlSI<m8 f SIGNA1'TJU fM!S ANO mlIBI'l'S TO FOLLOW 16 OH 7-04 11 :57am F rom-JOHNSON I POPE PA 7274418617 T-103 P.32/37 F-504 PIN2LLAS COUNTY F~. OfF.RSC.BK 928Z PG 27( WITNeSSES: _ ""'l""T HELEN !t. BROWN Printed Name ~ Printed Name STATE OF FLORIDA COUNTY OF The foregoing day of ~ personally kno~ to as identification. instrument was acknowledged before me this .f 1.9'~S, by HELEN' L. BROWN, who is me or wh., produced' _- Notary Public Print Notary NanLe ~y Commission E~~ire6: ~uL r JUDITK DENNIS tJ~$. STATE OF ~ A.LABAMA COUNTY OF CALt<<X.lN The foregoing instrument was acknowled~ed before. me this 22nd day of ~ER I 1995, by JUDITH DENNIS, who is personally kno\lln to me or who produced MILITARY DE~NT I'D as identification. ~ ~N.tU.tt kP ~ '7lV~) No an' Public R>>nrA I 't'l1QiWi ' Frint Nocarr ~ame MY ConunissioCl Expires: MY COMM1SSJON E.'tPIRf~ 2.J.Ofl 'J.7 02-17-04 li :58am From-JOHNSON , POPE PA 7274418617 T-103 P.33/37 F-504 PINELLAS COUNTY FLA. OFF.REC.BK 9282 pG 278 WITNESSES: - 13LENDA WALDEN Printed Name , Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was aeknowleas~d before me this day of , 1995 t by GLENDA WALtlEN, wno is personally Jmown to me or who prod\,lced. as identifiQat~ion. Notary Public Print Notary NcLme My Commission Expires: WITm:SSBS: /.r'& y It-. Printed Name '?~.~~~~~ ~~. PATRICIA WILKINSON rl1x. w. y.).S (Y3 33 7' 7 () LLJ~ E~ Printed Name_u ~ l". dll~_ STATE OF FLORIDA COUNTY OF flra,..., ~ v The fQregoing instrument wa.s ac::knQwledHed before me this ~ , day of ))eC I _, 1995. by PATRICIA WILKINSON I who is personally known to me or who produced ~ I ]) '- . as identificat;ion. ~- ~- ,. - , . MNmtA a. POmJt N I~~~ . ~""'''I'IIIlM~ I J"7~ Print Notary Name . ~ My Commission expires: 16 02-17-04 11 :58am Fro~-JOHNSON,POPE PA 727441 as 17 T-103 P,34/37 F-504 PINELLAS COUNTY FLA. OFF.REC.BK 9282 PG zeo :r ,;i" " . ;\ e Jean-Pa~l 6i~3on LTD. COUNTRY OF STATE 01::' COUNTY OF , " The forelOing instrument was ac nOw~dg; day of L ~ ' 199i', by ,lSv/w Y'lf,ci;.~A.- ,.1 of PN-INON ENTERPRl."SES I LTD, 1 who is personally known to me. or ~ho ~- -.~,. , as a.gte~mc::::nL 1'''' a ;. " r9 :-'u'ta9l?liiiAi.p It..tf 1c;at iVU'. u.c tit Cri , ,',.c..., .-..AS fA tf;.t' _ Print Notary Nome , . . k , ~ My commission gxpires: 1I ~J' t~ ~.... Attest.: PJ:NELLAS COUNTY Deputy Clerk BY;__ Chai.rman, Board of CQunt;y Comrni 55 ioners APPROVED AS TO FORM OFFICE OF COUNTI ATTORNEY ~~i ;:L.-,,~~ Attorney .. ."",klJi I (~"..,4."..\.....f.GT"'.cJ<."~~, ~j"ol 19 .'3 ..Fl\GE:3 _.......-I AGel _ CHG AMI' OK Nil" .n _.__ OH7-04 11 :58am From-JOHNSON , POPE PA 7274418617 T-l03 P.35/37 F-504 , "........ h,J """" CI\ . a:t:l~J I"l:i i:!~~^~ l\rmLl..ll r. 1Ir.. lJl,rjl\l:.j\~1 lU.i\l\ lJl" \ilJtJl\ I Im.l~nllfllllllHl ) F'INELLAS COUNTY, FLORIDA ...........-------..------...--...................................-----..-....., / :f.' 8814'7'238 03-2t,-2001 17:01:31, NBP 5.1. ~R~PINElLAS a~JNT'{ 00000??oo0 I": BK: SPG: ErG ~ ~'ECORDr~ 003 PAGES 1 $."L5,,(I!) Prepared by nlld relllrll 10: Roller A. Lar.on, Esq. Jollnsod, Blakely, Pop', Bokor Ruppel ~ Bllrns, P.A. P.O. Box 1368 Cleerwahlr, Florida 337S7.Il68 TOTAl: P CHECK AMT.TENDERED: C~GE; BY __~_____ DEPUTV ClERK $15.00 $15.00 $.GO R~VOCATION QEpEVELOPMENT AGIU;EMENT ~~'~~,?~::::.:"._ THIS REVOCATION OF DI~VELOPMENT AGREEMENT (ltRevocation") is .> .-.......-made effective as hereinafter provided, by PINELLAS COUNTY, a pOlitical subdivision ,;". I'r...:~!( :=:=_~9Jthe State of Florida (hereinafter referred 10 as "Counti'). IJi/T' ~f(: H'.~v TQ'Al fc-..ur--- ~---....~,--.". C RECITALS: WHEREAS, the County entered into a Development Agreement on December 19, 1995. with Helen L. Brown, Judith Dennis, Glenda Walden and Patricia Wilkinson, which was recorded in Official Recorel Book 9282, page: 254, Public Records of Pine lIas County, Florida; ("Development Agreement") encumbering the real property described therein ("Property") and WHEREAS, Helen L. BroWll, Judith DeWlis. Glenda Walden and Patricia Wilkinson conveyed the Property to Ascot Development Corporation, a Florida corporation (IIAscor") by Warranty Deed, which was recorded in Official Record Book 9319, page 410, Public Records of Pinellas County, Florida, and Ascot thereafter conveyed the Property to Beekett Lake Lodge, Ltd.:. a Florida limited partnership C'Owner"), by Warranty Deed, which was recorded in Official Record Book 11126, page 178 of the Public Records of Pinellas County, Florida; and WHEREAS, the Owner on behalf of Ascot Petiti.oned the. City of Clearwater for annexation of the Property into the CilY of Clearwater, which annexation was approved and accepted per Ordinance No. 6523 .00; thereby causing the Property to be removed from the unincorporated area of the County and placed within the city boundaries of the City of Clearwater, Florida; and WHEREAS, the terms and conditions of the Development Agreement have not been timely completed as required by the Development Agreement; and WHEREAS, the County has made its periodi.:: review of the Development Agreement and has determined on the hasis of substantif41 competent evidence that there has been a failure to comply with the terms of the Development Agreement and therefore 02-17-04 11 :59am From-JOHNSON , POPE PA 7274418617 T-l03 P.S6/S? F-504 PfNELLRS COUNTY r~R Orr.REC.8K 11280 PG 2350 in accordance with Section 5.2 of the Development Agreement and Chapter 163,3235 F.S. the County has determined to revoke the Development Agreement and release the Development Agreement as an encumbrance on the Property; and, WHEREAS, the O'NneI' agrees with the County's detennination of a failure to comply with the terms of the Development Agreement and joins in this Revocation for such purpose. NOW, THEREFORE, for and in consideration of the terms and conditions set forth herein the parties hereby agree as follows: 1. Reeitals. The above recitals are true, accurate and correct and are incorporated herein by reference. 2. Revocation. The County does hereby revoke the Development Agreement and release it as an encumbrance on the Property. 3. Effective Date. This Revocation shall bl~ etrective upon its execution by the County and recording among the public r~cords of Pinellas County, Florida. 4. Rccordin2 of R~vo(lation. In accordance with the Development Agreement at Section 19 the Owner shall record a copy of this Revocation in the public Records of Pinellas County, Florida, after signature by both panies. The text of this Revocation is c:omplete. Signature pages t"ollow. 02-17-04 11 :59am From-JOHNSON , POPE PA 7274418617 T-l03 P.37/37 F-504 , ., '''~~n.;:l ~UUN i T ~ l.H Ofr.R~C.eK 11280 PG 2351 IN WITNESS WHEREOF, 'lhe COWlty through its designated officer has . executed this Revocation of Development Agreement and it i~ joined herein by the .' . ~O~et: . '.' 1/""... , \ .... ::~' . :', ' .. . , ~. ~~ ". I . '. ;".'''. . . '.. ,. I , : ~ \' / ..."\ . 0".-.. ',':.~ .\, ATT~S,r,:..' K.ad:e~~.~f. .p'~'r.al<lker" Clerk : .', I \. -.. ;.-.,\. ~2~Y&/,J y-)~ ' " ~ ~~ . ....( ~'y. ' . , pep~t~ Cled<- .... ,.' , I ~ 'f C I I' . .. . APPROVED AS TO FORM OFFtC[ Of~' COU TV AlTaR EV d2' .-' By lJ Attorney PINELLAS COUNTY, a political Sub.livision :~lOrida By:~d~ ' ..J Chairman, Board 0 ounty Commissioners WITNESSES: JJ1100 'l ~w...- Print name: WEM 1... bO"-tfAN BECKETT LAKE LODGE, LTD. a Florida limited partnership By Beckett e, Inc., a Florida corporation, general p STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument wa~ acknowledged before me this ~ day of Fe~A~j ,2001, by Michael P. Conner, t.'l~ President of Beckett Lake, Inc., a Florida corporation, the general partner of Beckett Lal<e Lodge, Ltd., a Florida limited partnership who is -L ~rso.n..ally known, OR __ produced a drivers license or as identification. . p ~!urLt l1!Atl.~ Notary Public print,~~~~~~ Narn\' 0 ta~Y~iSl~~' CC6Z182. Date ~oR ~~~~f ~ ~,c8ONO;~ CO~ INC. ItUiOi:O )'1 - f'I/\l(;IIIIU1C11l 11\ fJ1;y,!l)I'lllQll "l'r..'llItlll 02-17-04 11:35am Frcm-JOHNSON,POPE.PA 02/17/2004 11:J.2 FAX 72739185&9 1274418817 T-l02 P.02 F-5C4 ~OO2l015 ~ , Plgc 1 ...'" T ,tN..",. COUMTY 'LA.1 o"....c... 9313 PO 3.. I INS'1' . 96-103859 APR 17, 1996 3:16PK PUl'ARED BY AND__l;IMN to. 'l1loInu C. NadI, u. Esquire MlCfIrlaao. Ausley 0, ~ec~~sou &: McMulJen ;lEQ -.00 CIowlaad ~, : PIt2~O o. 0Cf1CO Boa 1669 !:S =-:::1'btwafM, Florida 34611 I#'f'" FiC - t:t-Nj === -- "r:ss t.lTF - . -- : Ri!V __ 11OW~ ',"'.,' , ~'. ';-. '. '\:~:~::/ <:~::;', ,(~i~,~~~~:'~,;~'.~:i;':;: .}~J;~~~'~' i~\1';~ SJ::::{:~~: :.;,~:t\;. :i.: ..w>~C!!f.' '" '.' i'rl ;.,f";' ...:. \' ....R . .... '~"'''''''('.f;11' , . .;r, . . 'J , (j - 1 rl U I;' ;1 { .j I~' Ij i ; I .J :1' : t ~ -0 \j ) g e CON~ERVATJON EASEMEPIo'1' AGU8IENI ID ~lISidcrarJon ~r tJlc prc.nbes alKl m~1 WVCDUll$. Ie:rms, COnditiOlll and ratrictions eoJllaiacd Ilen:iu. aid other sQOd lid ...aluable eon$i4ml~4)O, lilt ~ipl aDd mfficieacy of wlUcb is hereby ackl1owledj:ed, ~N L. BROWN, GLENDA WALDEN, PATRICIA. WILKINSON u, J'ODITH 8. DENNIS (Grmtol'$), c/o TholDll$ C. Nasll. II, Esquire, P. O. Box 166!), CleanvalC:r. FL 34617, as Owners of tile real property dc!Cnbcd in ElWibil · A · 8aaeh.ld Jk:rcw and i.ocotpOl"llt.e.1 bcre:ift by rcferellCe, befdnafler refmcd to !Ill Orb: Ptopeay" OD behalf of themsc:lw$, alKllbeir aueccssors, heirs aP<l a:.siens, gr~ IIld give UalO Pincllas County, Plorid.. (GranIte), 31S COl.ln Srrcct. C1clIrWarer, FL 34616, a COmcrvalioll ~aSCll'lCI1C pllmwll to Florida SUll.llC ~704.06 O\ler !lie Proptrfy of dle Grantors. J. The i.nlcnr' of ~ ~$C:lllllnt is 1:0 f\:taia 1M Ci$emcnt 4C4:a in an essentially JlJU\lraJ ooooirion. In lhat reptd. the fOllowing 3Cl$ Or activili(l$ are e~prc.lsJy prohibiled wiOlin !he easemem in th\: abSll~ of the agreemc;nt fl\,m Ule Griullee; a) the COllStnJelion or P'ac11II pf any Stnll:lure or maltrials on or abelllll the ground 4!,l(CCpl sidewalb. boarclwalk~, pieuic tables and knches ~ well a$ otMr improvemcnl$ wttich are c;ono.iSlcnt wid! tbe presc:rvlllion/conservlll;on zoning CitegOI)'; b) l1le plauJlleIV C)( any malctillb SIIch as .rash Of W;blc Wllich is inconsistent wiUl l1le imont of Ulc cotl!lervalion "&.Semen!; ...-----,... P.03 H04 ~~~:S/Olli 02-17-04 l' :35am From-JOHNSON , POPE PA 02/17/2D04 11:13 FAX ~2!3918589 7274418S17 T-l02 .' ". .." . '." . " ~. I . I I . ," ....:..,I;..;i ,:;. ;.:~ "',:" . . ~:r<:',.~"',',' J,."' '. . .:; 1~~f1'~~'~~~:):;':~_:.<.:' }~. . ....71 >.,:':~\ :::<~. ....... .,::~, " . .,.< ." '., . ~lHE~~S COUNTY FLA. O'F.ft~C.8X 93t3 PC 39? I ; e) !be ~I or daInJctjoll OflR.es, $!uu~ or odleJ' veB~l.:lClon elleept as ~iucd wid&iQ tllc :pcaec'VllriolllctlastmtioD ZOIIing ~'IlIY; d) dle cxcavllioa or odx:r RulOVaJ of material btqlt as pemlillcd wilhin die preSCJvatiao/collSerndOll zofliDc cate,ory; e) ~y activiry detrialc:RtaJ fll cbainap. nClOd COrlllol. water c:onservllltioa, ClO$ioQ control. soil coASavllioo, or fa IDd wildlife lIallifal pruerv~ ~cepc as set fORb herein. Gd ~pt at it comlsteoc With Ule pniserYationlconservation zonlo.s QleJaIy . 2. 1bc (allowing rights are C:'IOVeye4 to Gr:lJlI.ee by !Jtis easemel1i: a) lO ctUer llpon die propcny _f ~blc timelto entorce th~ rigbu ,ramcd llcreln upon prior notice 10 GranlOrs, Uwir 11m, ~Sl)rs or iWi,cns at dle time of ~!l emt)'; b) to enjoin any lIcliyjty on elr uao of chc Ptopcny wille" is incoruist.ent wiUl Ule purpo.w: of Ibis Conrcrvati.lll &a.:ment and '0 enforce tJle Rltonllioq of meta in!as or brum of Ille Prol en, that lQ)' be dlllla~ed by ~ iJlconsislellf activity or use. 3. G~lor fl'$('f"VCS IQ ilsclf. ill heirs, JUCCe$SOrs Or llS'i~. ;11 ri&ht as Owner Qf l':oh:!ri~ec1 hi:rel:1 ~n: :r: ::c.l l11c.:;iiiisllim wii:k Iil~ p\l~ of lilis Consen-aooo Easemel\t and the Propeny izx:ludillg rho risht w tillage in .11 \l.Se$ of !he Property ,,'hielt are IJOr ellpmwy f"",', the right co ~rfOtnl such mljnrc~ as IlCl;esSlry CO preserve lhe casemem in an c~~nliatl)' narunl condition. 4, Jt is expressly uncSc:mood lh;cl no rigbc of "~~ or use by Ihc: genenl l'ublic fO any ponion (If the Property is granted or c(.nve)'ecl by Ulis COllSCtvlltion Ea3CMmt. 5, The: Granlors agree: co pay arlf and all real propelt)' l.uel and 1I1lSCSSments levied Pase 2 . . .; "tin" OZ-17-04 11 :36am From-JOHNSON,?OPE FA 02/17/2004 11: 14 FAX 7273918589 7Z74418617 T-l0Z P.04/37 F-504 ~ 004/015 l r .. I i I I . .l.~, ..,~ i .1 ',\ 1 1 - the Gnn(crs. Or I1leir ~uccc:.ssot$ alXl assii:Jl$' ..~...,-<~t>~.,:~~:':. .';..' ~ I I I PIN~LLAS COU~TY FLA. OFF .f(~C.JK 9~13 PG 400 by compdenlllllhority on !he Prop&n)'. 6. GJaIIIeC IJrces !JIal it v.-1I1 bold this Couervation EMenlent excMively for conscrvauon pII1pOIIS aQd Ulal it will not lWiJD its rlllbr$ and obJi,lIlicms uDder ibis Coaservatioo Eatemelll ~cepC to aIlOlJlet orplliJ:atioQ qIIaJir~ to bolcl MIa _rcss uDder * applicable stale and federal law, .... commiCled to boldiD~ Ihis Comervalioa I:ascmClll exclusively for coll$CMlion purposes. 7. If an)' J'lfOVision of Uus COl1lCn'ation Eut:mc:ot Agreemenc or !be application tmrcof Co any pelWn or ci:cumstancc is iOulld to be illVlllid, the lem4inder of the prov~lons or UUs CoRWf\'afion ~IMnt aDCS me applutiOIl Df such provisionll to persons or C~lances oiMr ~D those U 10 which i. is foand 10 be invaJicI sI:aU"D01 be effected U1mby. 8, ~ COJ\SenIation 1WemC:1Il is being gran1Cd in aec~ wilh lbe mIDI of Ihc nevlJlopment Agrunmnt ~n the ,.artie$ hereto as approwd by the Board Qf Counry Commissiomrs Cor Pinellas Couney. Florid... on ~mber 1\). 1995. In the evept ~ I)c;velopmell~ AG~mellC is rmninalCd a'l set f'clnh in ~()n 11 of \be Agm:mc:nt, then this Or.,. of Ea3emelll sballlikewi$e lenniaalc and allligltts B"~ec1 herewxler shall revert !Jack to 9. AIlIKltK:cs, tonsc:nlS, apprl)vals and eotllmunicatiollslleteunder sll&ll be deemed rropc:rly gi~1I if in wrhillg IIPd m.U~ bv Uni~ SUIle$ certified Inrlil. I'\!tQm rcc:eipl rell'l~c.e4 alld ilddre3SCd to the approprialc party. or its ~CC:5S0f3 and IS~~IU in jn~nm. Page} ....~.." \ .' 'f'" " .' . .'. ..:' , .... '" 02-17-04 11 :31am From-JOHNSON,POPE,PA 02/1112004 ll.:J.li FAX 727391858tl 7274418617 T-102 P,05/37 F-504 [lJ O()l)/01S <fT , 1 .~,;.. '-. .; PIHELL~S COUHTY F~A OFP.R~.8K 9313 ~G 401 i , ! " j 10. T'his COJl$en'ltion I?ueanac mI)' be mended, alt.eRd, releaxd or tcvoked Dilly by written ~nl betwom Ibe pact iC$ hctero, or lJIcir sua:c$O($ and ll$o$i'Jl5. 11. This Apecmene may be: exWGUld ill mUW1'1c ~, ilJ of Whk:It fOpCbr:r "j shall COIl$IilUte one in the UJnC instl'\llllem. ", TO .RA VB AND TO IJOW unto Granreo, jts :IIlCCCSSOr$ aM assiJQ8 r~ver, die COvenants, tun, collditions, ~aklions and [KU1l</$eI inlposed by rhis COll$eC'Vllioa Easc:rneut sbaJl be binclil1g nOE ocl)' upon Grantor, but ,lIso OIl its llgenl$. personal In ~,~DCe of: ~4f~' . t Name: ""~ '. t'i;J;-i~" ad~t:MAn~ d. /w~ Print Name:.J/1o~ {.. w:,. YS-- ~.~ _~ cI IL HELEN L. BROWN {SEA . i6 '. f, tepn:sen...tivex. he~ lS5illns and all Oloer sucte$SOI'l to it, ;ncll.dillJ but nee limired 10 PaMon Emcrprises, Ltd., ~ ilMmt and sbaU colUimlc IS a servitude nuWnll in pelJldUi&y wilh the , Property. .:. , ',' l)rint Name: GLENDA WALDEN (SeAL) ,. ,. paae 4 . .' I, :~:~';,"'l , ' r .'--,' ..'. J J Prim Name: As to "Granlor" " .:~'\.{~.. ...,,~ " 02-17-04 11 : 37am F fOIll-JOHNSON ,"OPE FA 0211712004 11: 15 FAX 7273918539 .c-. 7274418617 T-1D2 P.DS/37 F-504 ~ 006/015 .-- PIN~LLAS COUNTY FLA. OFF.REC.8X 9313 PC 402 STATE OF FLORIDA . COONTYOP ~~ .~~. 'I1Ir: rORsoiDi iDstrulDtllt Wll5 ..:Ialowleclge<<t bcfoR~ thi$ .:J7 day or PdlIUll7. 1996. by HBLEN 1.. !!!>.oWN, Wb<)_~t=~~ mc Of wbo produced STA TS OF FLORIDA COtJNTt OP wY The fOIeSOUls ~ Wa$ IltQowled8cd belo~ me ~ _ dly of PeMIary, 1996. by JUDITH OOO<1S. 'W'JlQ i.$ persoaaDy mown to me: or who pfOduc;cd as ida!inaniOD. STATE Of fWRJDA COUNTY Of Nolal"y PubUc PriIlI Name: My Commission E!JtpiZeS: The foregoing il'lstnuncnt wu a,lcnowledged bc:fOtt me Ibi$ _ day of February, 1996, by GLENDA WALDEN. whc, is personalty known to me or who pfOduced . as idetUitieation. ." , '.., . : "':~'I ',' . ,. . I, ... . . , ' . .., "":!.",:, '. )r~ ;"~~~l,~.~~:t ~~l~~~if::'}(~~:'~.~~f!Y:~.~~:~~t':;' I : \.. ":,, '. l. ..,',,, .""'~'::;"~.':IliI ,.,..'~i"t,;~:)..,:,;....,.,....., ",'H"",>" .',' , ,t:::~.I. ~'.",~~~~r~:i, ''''\.~,~ ~ .{~'i,:"';'.1(:' ';.~\' ... .:"J: ".~ ,'. ',~' . Notary Public Print Name: My.Commis3ion EJcpin:s: ,.....' . '"-" Paec6 1';~"I~:',140 ~' '- . . t.:'~S~:~~~,"t:..\~:...:~.;:~ ~,,~ :;'.~.' .,\,..~~~ --'" .,' ":.\;~t~""'~' ~r,;<..:; .'~ 02-17-04 11 :38am Frcm-JOHNSON,POPE PA 02/17/2004 11: 16 FAX 7273918589 7274418617 T-102 P.07/37 F-504 ~ 007/015 ~ , I j ! E ~.' ~ I PlNELLAS COUNTY FtA. , O~F.RtC.BK 9313 PC .03 i 10. T'hi$ CotlKrvltion EueIlleTlt may be amended, akemf, rtl=ascd or revoked only by wrilC&n agreement between the parties her<<o, or Ultir SU<<1eSQrs alld assigns. 11. 'I'lIU A.cteczncn& may be "OCl,ll~ ill nauttiple c:ounrtrpadll, all of wbidJ together shaU cOlIStilUfe one in &he lIlIIM inalnlmcot, TO HAVE AND TO HOLD .1"'" Grantee, ifS SUC~or:i W lU.'Iigns fore\'Cl'. the covenants, bmnS, conditions, te$1I'ic:tior.s IUId PUlpOlIeS imposed by \his Conservation Easement shall be binding no~ only uplll Ol1lrlfOr. bul also 011 its agents, personal rltpreselllalivcs, kits. a$5ips and all other ncc:essors to it, !neluding but llOl Iimi"d to PaIlDOD Emcrprises, lJd., jl) UueI'C:U and $!tall ccmtillllC 8$ a servitude I'\lMinJ~ ill perpc:ruity with the Prope"y . In Ule Pnscnce of: PriDt Nunc: (SEAL) fmLEN L. UROWN PrinE NN1lC: As 10 "Grantor" .~ ~Lf"(.~ ~. - !)!l',...., ~ J ./l"......,.._.., Print Natne: Ui!~,.fl'~ (r,/iJt vl JI/' AI As 10 "Or-mlor' ./ .L~.... -i'~ tL/t:.Pri..~__ GLENDA WJ\LOEN (SEAL) Pas., .. I ....J........ . .~ ~'> 't.. <. 'J '''')..1'-' ..~'. . ... . .. ': ~+,.=~: ..' .. '~:;'.i;~!, .~.t," , (, . ..~".., 1< 1-, . : ". ~. ":,...., '. . . .",'. ",' . ,:~:'::'~ '~~".:.;:: ~:~':.' ~ .~:.. ;". ;, ", .,:~~:\;~:~~}~i~. ..\'. . ';' >,,' ..-..... . . '., ~ ' . 02-17-04 11 :38am From-JDHNSON,POPE PA 02/17/2004 11:17 FAX 7273918589 727441SE17 T-l02 P.08/37 F-504 III 0081015 '::L ..j:,tt ' . :' .-:~ '....1.1\-. . ~.'.~., . pIN!LLAS COU~Y F~A. orF.R~C.B~ 9J13 PG 404 STATB OP FLORIDA COUNTY OF The foncoiDc iDscNmcIC was IdaIowlcdpd befOl1l ~ this _ day of Pet:nUY. UJ96, by HELEN L. BROwN, -.bo is pelSOllllUy known to me or who produced __ as jde~irlCation. N<<ary PIlblic PriaJ N'amc: __ My Commission Exl)i~: STATU OF PLOlUDA COUNTY OP The fon:goia,s tAsrnmlml was M:laIowledSed bclol'C me ctrJs _ day of F~bnwy, 1996, by JUDITH DENNIS, who is pct10lWly Ia10wn to me or ""1:10 Produced _ aa IdClllilic:<llion. Nowy Public Prilit NUl(;: _ My Comm1ssion ~pite,: .--... STATE OF R.QIU9~ ~nfu.OI(V COUNTY Or _ }~~+fi'" 'Ole fotetoing Wwmcnl \\IOU IIdmowledgcd before m~ (his ~ ~ day (If Pebruary, 1996, ~ GLENDA n WALDEN. \\Ilk, is per:lomlly known l() me or woo produced '1{~ "drr~ '-U"a... ~_"silfenlificallon. ~:~:t~"- M, C_ E....., 3- I Y-'1' - - -- ; , j I t I } ! I I ~ ." ..dd' . .~. . .. . ", .,,';,',.'" '. . _4~'r' . ..... .c... '. ~~; ,;.::':'.r~\ '" '. .,,' Paic 6 .::.<:~i~~i'"'' '.', 02-17-04 11: 39am Frcm-JOHNSON,POPE,P~ 7274418617 T-102 P.09/S7 F-504 il]OOSJ015 V'f~/f'VU. LL;LO r~4 1~1~~LOvO~ r-. f ,/: '.:~:)~: ";_\~':'l:.;:' ;:~';::~;~;~~;~wX:~~i~j:i~;,;F.:, ,....,', '....0......:... I , '. '. ~ I : I I ./ I '!HE~LAS COUNTY FLA, OFF.REC.BK 9313 PG 40S ........ ~ .....f;-:. ,,~ . .... ~ /<"~".t. {"~" \ f 41'. .. ~.,.... - _~t:iIlt\LJ PATJUC:L\ WILKINSON' ..1', 02-17-04 1; :39am Frcm-JOHNSON,POPE PA 02/17/2004 11:18 FAX 7273918589 7274418617 T-102 P.10/37 F-504 1lI010/o15 I .:;.:; .;'~:~:1~i ,..~.;,::..: . " ',.,,' ," .. ., ' ~IWB~L~S COUN~Y F~^. OFF.REC.DR 931~ PG 406 stAn Of' fl.OlUOA COUNTY Of' ~WULII S The foicloiJl& imtruml:nl was acbl)'tilcdpt bcfOl'll me lhis ~~ or Pcbfuuy, ,.... ... 'AmetA W1LK1NSO>f. ...., . ~ ~ ........ N I It' _ u idclQtifi 'D. .. ~ N<*Iy PUblic Pri.. Namo: ~ /Uf My Commission bpilt:;: STATE Of FLOIUDA. COUNTY OF PlNEI..LAS 'Ibo (\nlodlS ir~nument W3$ lICknowkdccd before , 11)96, by' , u _, of PINIiLLAS COVNTY. Flori4a, '" poliUal NbdiYision <If llle Stale of F1o~, who is pcnonaIly known CO me or who produc:cd as idelltitiC&ti<ln. !\local)' Publk PrillE Nam~: My Commission Exp~$; COVNTRY OF STATE OF COUNTY OF 'The rOl'egoift& instrument was acknowlcdred before rr.e tlli'l ~ day of FebNary. 1996, "y , as . of PANNON ENTERPRiSES. LTD., WhD is peflONlly known to tne or who prod1lce4 as identification. tl,\IlAT"....m~IIO\.W\eOI'I$E.VA.u.t Nawy Public Print Name: My CommisSion !:.lt~s: Page 7 bL.- " " ,'-. ~ . . . ,":':~~;::.\~:~;r.~ .,~~~{i;:~~:.~.: " ,.' .' .:, :~ ';.' , '\"",' "~'l'<~~~'~~~t~".<,\,.,~~,."., : '.',.::~ .... ;1. ", ,,~,,~;':~; 'J~~./\;,t>'~)::f:'~: ;)-~. \......i~,... '", . '. ' . p~ ,', t..:.~.,'~r.:-'$I<,I~..."" .. , . .': ~'~ '. "', .."~~~~:- ::~~~-f;:~:~~,~:::}~"'~ ~ . r. ':;' _..!:,~'~.::l~:. ': . ," .. o( . J ..' r\ '~. '.' ~t.; I'" i. , 02-17-04 1 i :40am F rOil-JOHNSON I POPE PA u../ J.1I..UU'f .ll d.;' r~ I" olll.LOllO:l i274418S17 T-l02 P.11/37 F-504 f4I 011/015 rr I r \. ' ~~_:'..,.,:' J j I ~5 :~ ~~q~~i{. . . ~...;, ~:"-~~.;.J~ -.' ' :" ''4'~~,;-'>.!:.,., . . . . :."." . . -. ." .~l$I!. I. ':'''~',~:;,:!~.'f:f'''~';.,.~ I ".' ..... ,v . '" ~ ,. .. ..,' ,'~.,.; "~_I ", .~;~.\t:'~ " '. I,' :." ..~;.. ...,.':.':.:.'. " ''''.:' ...... . . ,i: :,i,~" '. ~;"",~;,;/':~!'i1;'f.:~S~;" ~J ". 7~ .;!v,..rl:..;f....:., 'I'r\ ~ ~ ::.' \,;..lt~.:I.;l:,J~..w,;.~,,.. ~_.jrt::~:'.~~...'~ii~( ,..~.~'IlI~ ,_ "~"'!'<~".t~ .~ *- ,'I':", . oJ', ..... _ '" ...:':.':,',',,';....i,; 'w,~.:' 'l \ .',: ......<...~:....'.:~:'.'!... " ,": ";',/.': .~. . .,.(...........-...1,-,.:.. . ' :.::.'..;,~;:...:;:'.:.'.:,~.:::~.;;.'~.~.~,~..~.ii.,~..,.~.a..~'...., .' . j" ;~" r I. . ..,.;t:~', j.: '-',' .' > :. A' " . ~.~.. ._.....'\4~~-..~.. ~~~ - .~.,,~' ,1"~ .. '. ......-:,', " '.' I, _ ..: :,:<...'C)~~#~.(:f.ilr~~~~:~~I\'...~Il',,~F.tf!.~ PINELLAS ~OUNTY '~A. O~F.REC.BK 9313 PC 407 Print Name: 'ATRie:" WlLKJNSON (SEAl) PrIII& Name: Ars fo "G~ JJ.J~:.W"'fI",,^ O~ A () .. ~~l~ :T....,:c 7J nmmIi~) i ~~~i:: ( I' ~ cJ.-.PfU-~ 1'lNELLAS COtJNJ'Y I I J f ~ I j Print Name:_ }ly:- (SEAL) Prim Name: /I.:; to ~~. I'ANNON ENTERPRISES, LTD. Print Name:_ B);_ (SE.<U.) Plinl Name: 02-17-04 11:40am Frcm-JOHNSON,POPE.PA U~flll~VU4 11:ZU rA~ lZ7J~18589 7274418617 T-l02 P.12/S7 F-504 IaI D121015 .r-. 't:'ii14~<""': .'. (r"t..~~';";': .. :i;':t,. :~~~-\'tl\:.....:. #',",.. " . . . ..~ ~ ,/!l!;~.. ...-i. .". . .,.' . . I:....\~~;t.~~<,_.;~:, :.... ," ".'. ~ ~J ..~~: : 'IN~~LAS COUN1~ FLA. OtF.JU'C.DJ( 9313 PO 408 , \'.' :. '.~ :.~'.: t Prim Name:: (SEAL) FATRlCIA WILKINSON PriDl Name: As to "Graavor" ':::~'" ,. .., ~llIDC: JUDlm B. DENNIS (SEAL) Print Name; As to "Gl1lUOr" PlNBLLAS COUNTY Prine N 1UI1&:: Dy: <,sBAL) PriM Name:: As 10 "Gr.1I1~e" Print NUlIc;.. aN foIrellAtl. BURNS Prim Name; lAH Il4VID Rouen I.. . . ~,:,' L J'aF S 02-17-04 11: 41 am F rem-JOHNSON I POPE, PA U,"'ll1,"UV'I .l.1;.a 1'1'-'\ '''(''1l40''~~ 727441 Bm T-l0Z P,13/37 F-504 tiI 01.3/015 jr- .' .i .J 1 .I I i PlNELLAS COUNTY FLA. ')".REC.81< 9313 PG <109 STATE OP fLOlUOA COUNTY OF 'Ibc fott*oillJ i1ClImnt wu IClQ)owlc:dpd bclore DlC dUs _ clay or Pebnl*y. 1996, by HELEN L. BROWN. wbo iJ pcnoaaJly GloMi to me Ot wllo produted u ide~rion. N"otuy Public PriIIc NIIde: My Cocaaliss~ t;xpinlai; ~o<>-m",", STATE OP.fl:f>ltlpA COUNTY OF (Ill.lhbUIt The forqoiDJ ~f was acm,wleclSed before cae t!lis -!L day of F~bmaty. 1996, by JUOll'H DENNIS. who is pcrsoDIlly Ialowra to me or who pOduccd -.A lc..~ ~('I it... '., ~;u V1 s e u ldelUi(tcaUcm. Q{ ~ g l~/' ~oWy Public ~ ' Prim Name: /..., ~'"" j)h~ IpS. My COll1Dli$~i<ln E%pirC$: IoU ~OMr.cISSION' c(~IR~S S.t6.'. ST A TQ OF FUIRJDA COUNTY OF The foregoing insUllment Wu ackn.lwle4gcd before me Ihi:i _ 4a;r of FC\lruaxy. 1~. by GLENDA WALDEN. who i~ rersona!Iy knowa t(, me or who produced as identifICation. tioW)' Public I'orll Name:: My Clmmu5ion UpiKS: 'IBe:6 L "" '. .' I ',~' : f' ., \.;~~,\ ':': ' I. .-....-----J . l' ' '~.::~\: ....:.:..,.. . " '.~' '~k'. ~.:.~.~~ " I I 02-17-04 11 :41..m Frcm-JOHNSON,POPE.PA U~/17/2004 11:21 FAX 7273918589 72744186~7 T-102 P.14/S7 F-504 @J014/01G I Pl~&LLAS COU~T( FtA. OfF.REC.BX 9313 PC 00 I 1 I I r r STATE OF FLORJDA COUNTY OF 1lIe fore,oins iDmIment was aclalOWledged before me lbis _ day of Febnwy, 1996. by PATRICIA. WILKJNSON. wl\.) is pmonally boWIl 10 me cr who plod~d lIS idcnlirJation. NOW')' Public Pnat N~: My Commisaion F.xp~:i: STATE OF FLORIDA COUNTY Of PINEllAS ne f,,"{loing imUwIlcnl was 8Cknowlccl.cG before me !hi. _ day of FcbnJar). 1996, by . as . of PJNELLAS COUNTY. Florida. ~ poiiti.c;&l subdivision vf lbe SIIlC of Florida. who is personally known to me or who produc:cd as identiflcatioll. Not.ary Public Print Name: My Commission Expi~:;: commy OF STATE OF COUNTY OF y 1'1;; M-.J, The rOKJPing insll'U/tlC'" was aClc.nowle4&ed before me Ibis t dlIy of ~. 1!>96, b~ ~~~ln.......J~~~~hl~~f PANNON ENTERfRlSES. LTD., who is plUsonally known to me: or 1/ ~d.. _ ~i~lifi,..r~. Jl""4r^\AmTc..cAUIO~$UlV^.EAS e~~~<.::,,~ Notary f'ublic '. : .' ~ '. 'I " . Print Name: f<15r:.trf..i'trVo.)j ~~:f1J(l.() My Commis.siOrl ~'~-MT ~~ , . \ ~':~, ~ ell:! f'. ..\:~'~....' . L .:-' Pile 7 : 1 ... 02-17-04 11 :42am From-JOHNSON,?OPE FA ~_. .'f ~vv~ ~~,~~ ~'r~ "4~~~oao~ 7274418617 T-l02 P.15/37 F-504 ~ 015/015 r ''';:::,:'~.~~F::';' .'." .'~." " ~. 'v~;~:",:~;'"'' ~ .:~.' J.,.".! '. ~ ..,--;:,..". ~INELLAS CQUNTY FLk. OFF.REC.BK 9313 PG '11 EJdlI1It #I A" to Con$ent1don Euemenc A~t The Em 17.41 feet of lM nonhwen cne-cplarte, of !he 5O\ICheut one-quarter of the aonhem one-qumrr of Stc:tlcm 1, TOII/nShIj) 29 sourh, Ibnee 15 e..sc, Pinellas County, Florkb, lorechtr whh 1M west 32.59 reet of !he nonhwest on~ner of the northeast onlt-q\larter of dle IOUthWl ClI'I"qu~1'W' of lhe IlOf1he_J one~rter of said Secdon I, rocecher the lOUd! 85 fete or die nonhw," .:IlI4t'CJt..r of Ihe nonbust ~ or Ihe SOUcMast ClM-qu;JltCr 01 a nonfleast ~QaftIr of sOlid S<<Ikln I lying use of !he west 32.59 feet or the nonhMsr. one-qual'Ce:' or lhe Ilonhean Cll1~1WWt of the rcurhe.ut one- quarter or ltJe l'Ionhe.\n ~ of safd :;ealon J, lOpther wkIJ thl! sOIIltJwest 0l'I. qU4Irtfr of !he nonhun OQ8.quJn1l' of die sduch~st one-qumer 01 tf;e norchUlt onC" quarter of ~Id SfCl'JOII I, toaerher with the toUl 17.+1 feet of die OOI't\1West ~e-quatT.tr Qf me saudlwt oae-c;uaner 0( the llORfIe~c one-qu'oHter of Sett/llI1 I, T owmhlp 29 south, Rallfe 1 S e.ut, J'lnelbs County, FIod~ ftlII!lhel" w1rh !he west 32.59 'eet of dle northwen one-quolrter of tl10 nonhea# OM-q\!i1rt.el' of lilt soadtlillSE Oftt-quaner IJr (he northeast one- quuwr of said Section I, togeCher che south 8S feel or me northwest one1)uan:tr or the I10rVlelSt om~qual"ter or die SOUTheast one-qumer of d1e norUleast Ont-4llillrUr of said Sl!Ctlon 1 Iyln'liIIt of tile wesc 32.59 feet or eM ncnhwl!n one-quarter of the I10ftIIeasr one-qll.-tef of me soudIeuf ooe-qu..... 0' rile nonlleast one-qu.Jrttr Ilf uid Sec;l'lon I, cosmer with the soufhwtst cne-quarw of ttll nonhe.uc orae-qQllfter of Ule SoWle<l,t one- quarter of the ll<Il'theast oM'quart~r of said S~ t. Ii ~ I~" "",;' L........... .' ...... ,..~.lf~.;'1~:"t:' '\~~~..~:r 'r.:.~~.: :..1 ~',. ' ..,"/'~~';' , I , I ! " .~ .~ ~;~ ~r-':ifi' '!If .. BOARD OF COUNTY COMMISSIONERS Development Review Services Department Working Together to Serve You Better COMMISSIONERS SALLIE PARKS - CHAIRMAN ROBERT B. STEWART - VICE CHAIRMAN CALVIN D. HARRIS KAREN WILLIAMS SEEL BARBARA SHEEN TODD . . October 6, 1999 Dear interested party: Re: Notice of filing Examiner's/ Local Planning Agency report on application for an amendment to previously approved Developers Agreement. You are hereby notified that a public hearing on the following application was heard by the Zoning ExaminerILocal Planning Agency on: ZILU-7-8-95 Paradise Adult Living Services The findings of fact and staff recommendation, as submitted by the Examiner are attached. This recommendation DOES NOT constitute final disposition of this application. The recommendation, as outlined, will be reviewed and considered by the Board of County Commissioners at another public hearing beginning at 6:30 PM on Tuesday, October 19, 1999, in the County Commission Assembly Room, 5th floor, Pinellas County Courthouse, 315 Court Street, Clearwater, Florida. As the applicant, you or your representative must be in attendance at this public hearing or the Board may deny the request based on a lack of evidence. Please contact our office at 464-3888 if you need further assistance. Sincerely, 310 Court Street. Clearwater, Florida 33756 Telephone: (727) 464-3888 Fax: (727) 464-3981 Internet: DRSGROUP@CO.PINELLASFLUS - "Pinellas County is an Equal Opportunity Employer" · Member-Pinellas Partnership for a Drug Free Workplace f..J printed on recycled paper ,. OIl PINELLAS COUNTY LOCAL PLANNING AGENCY REPORT Case No. Z/LU-7-8-95 (LP A #70-9-99) APPLICANT'S NAME: Paradise Adult Living Services REPRESENTED BY: E.D. Armstrong, III, Esquire . . REQUEST FOR: Amendment of a previously approved Developers Agreement to: 1) increase the approved number of congregate care beds from 95 beds to 130 beds; 2) to allow 70 parking spaces instead of 130; 3) to permit a 3 story building and 4) to provide an updated master plan for the project. HEARING DATE: October 19, 1999 RECOMMENDA nON: APPROVAL OF THE REVISED DEVELOPER AGREEMENT FOR THIS PARCEL TO INCLUDE: 1) A MODIFICATION OF THE PREVIOUSLY APPROVED MASTER PLAN 2) A MAXIMUM OF 130 BEDS 3) A VARIANCE TO ALLOW 70 PARKING SPACES INSTEAD OF 130 4) A 3 STORY BUILDING AS PROPOSED 5) AN EXTENSION OF TIME TO JUNE 30, 2001 6) ADD THE NEW OWNERS AS A POINT OF CONTACT 7) REQUIRE THE RECORDING OF A DEED RESTRICTION TO INSURE THESE REQUIREMENTS SURVIVE THE AGREEMENT DATE: September 27.1999 GENERAL LOCATION Approximately 6.33 acres located on the south side of Montclair Road about 1/4 mile west of Belcher Road. LIST OF PERSONS APPEARING AT THE EXAMINER'S/LP A HEARING AND CORRESPONDENCE: 1 appeared in favor. 3 appeared in opposition. 2 appeared with questions. SURROUNDING ZONING AND LAND USE FACTS: LAND USE CATEGORY SUBJECT PROPERTY: Res Low & Preservation ADJACENT PROPERTIES: North: Residential Medium East: Residential Urban South: Residential Urban West: Residential Urban ZONING A-E EXISTING USE Single Family Dwelling RM-15 RPD-7.5 City of Clrw City of Clrw Multi-Family Nursery Lake & Single Family Sub Single Family Sub .. Z/LU-7-8-95 Page 2 ZONING AND LAND USE CONSIDERATIONS: In December of 1995, the Board granted a rezoning of this property along with a developers agreement which allowed this parcel to be developed with a 95 bed assisted living facility. The request as originally submitted was strongly opposed by the surrounding neighborhood. However, the applicant proposed a developers agreement which among other things limited use of the property to an assisted living facility, which is generally a very benign and quiet use of the property. The agreement also restricted the most westerly portion of the site adjacent to Beckett Lake Estates Subdivision, to "open space" to provide a very generous buffer for the adjacent residents and to preserve this area in essentially its natural state, with exception for some walkways, picnic areas or fencing in accordance with normal zoning requirements. With this agreement in place, the 1995 request received broad support from the community. This request proposes to preserve all previous conditions of the developers agreement with the exceptions noted above. Each of those exceptions will be discussed individually below: 1) 3 stories vs 2 stories. The requested plan proposes a 3 story building within the same basic foot print which was previously approved. During this review it was found that the previous agreemept was silent as to the number of stories and only referenced that the site plan would comply with the County's Land Development Code which includes the 35 ft. height restrictions of the RM-7.5 zoning district. The site plan subsequently submitted for review after approval of that agreement proposed 2 stories. Based on that the current applicant believed that the building was limited to 2 stories and subsequently requested the agreement be modified to include the 3 story building as requested. Staffhas no objection to the 3 stories as proposed as it is consistent with the 35 ft. limitation set by the zoning district and not generally inconsistent with other development in the community. It will also allow the reasonable use of the site under zoning restrictions for the property owner while allowing preservation of the maximum amount of open space (It allows the applicant to build 1!l2 instead of out). 2) 130 beds instead of 95. The original approval was granted 95 beds based on a conversion factor of 2.3 beds for each dwelling which would be allowed on site. After the original approval was granted the County amended the code to allow a conversion factor of 3 beds/dwelling unit consistent with the rules of the Countywide Land Use Plan (pinellas Planning Council). The applicant now requests that the new conversion factor to allow 130 beds be utilized. This calculation for allowable density includes upland areas, wetland area, and the area which is technically uplands, but which is being preserved as an open space for buffering lands to the west, but does not include submerged areas. 3) Modification of the previously approved master plan. The previous plan was very generalized. The new plan is somewhat more detailed, provides a slightly modified building foot print, and revises the parking area slightly. Staff has no objection to the revised site plan since the building layout is very similar to the previous plan and would not impact the neighboring properties differently then the previously approved plan. The new plan also preserves the same open space that was set aside previously. The applicant should be aware that this is a master plan and the layout is subject to detailed site plan requirements at the time of site plan review. .. Z/LU-7-8-95 Page 3 4) Variance to use 70 parking spaces in lieu of the 130 required by code. Assisted Living Facilities generally do not need as much parking as other types of residential uses given that residents are elderly and do not drive as often. Some residents may not even use automobiles. The applicant has provided documentation from a respected architectural firm which has developed other assisted living facilities throughout Florida. This documentation shows that the proposed parking reduction is reasonable. The informatic,n shows other parking to bed ratios in similar developments ranging from .3 to .64 with the average being .53. This is the ratio being proposed for the subject facility. Based on this documentation and staffs experience with other similar parking reductions having been granted, staffhas no objection to the variance being granted. However, in an abundance of caution and in keeping with other variances previously granted, the applicant should be required to reserve the most north-easterly area of the site for additional parking should it become necessary in the future, and the County Administrator given authority to require such additional parking should it be required in the future. 5) The previous developer was unable to complete the project as approved and the new developer wishes to extend this agreement by 6 months to June 30, 2001, to insure adequate time for site plan preparation and construction. 6) Staff recommends that the agreement contain a requirement for the recording of a deed restriction, on the property to insure the restrictions of the agreement survive the agreement itself (state law limits the life of an agreement to 5 years). Given the above information staff recommends approval of the revised developers agreement as proposed. STATEMENT OF RIGHT OF WAY AND DRAINAGE: Adequate right of way exists for Montclair Road by instrument. This site is not identified for retention requirements on the Sunset Point Road nor Belcher Road projects. Local drainage will be addressed during site plan review process. SPECIAL NOTE ON COUNTY DEVELOPMENT REGULATIONS: APPROVED BY: dtd: 9/27/99 Approval of this request does not insure that this site can meet County Development requirements of Concurrency Management. Attachment (Maps) : ~ ~ 7:-r-- ~ r--.- t~ r---r-- " (7. " " >< lot .~ ' --=---- , s=:= - - ~ ~ ~ :i=== r"--- ~ I; I, 'G) fc-=- ~, ~ , ~ (j -. " o~ (i') \J "'". HERCULES t, (~) ~ !~"~: ',' I \~ ;t."" 1'1' 'I]: " ~Iffi~ C UR , !" ~ I "I" '" 'j "'"".. '" l: '" " HERCULES ~."{ ~' ~ y -""'- - ,,~ .. ~---;- . WZ~_.... ~ . ~ '~I '~ ' I;'''' I-?"- f: /", \::.; i.1 ~O' ~ I~ liHftj, " " " .. , ~ ,.. " ~ ,,~ ... o . o ~. t f:. tl; ~ -~ < [Iffiffi. 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Cl Cii -< (, n> ~~~ Cii~ ) ~ II :b~ ~ t::~ L [ i~~~~ga~~ ~ 3 ~ iil ~ !:1~' <:: ii' n ~ ~1~2aQ.a~~ ~ ~~2lE~!~:~ S:!!l~~:i"gif~g- ~~ ~f'[~~_~:~ !'Ti~P>$[_,!:1i. ~~.;~i:'~~~'~ P~h~hl !!~~;,Fia ~.i!il :r~<l> a~_~ [$~,lH~~ l ol::-~~2-~!lQ ~~'Ht~~6 "~2' 0(; <6 j ~~,I\Q !~~ ~hhil:f ~ ~ 1ii <II ~'t;I Ii g ~ ~'~~ ~~'1 ~ ~ PINELLAS COUNTY LOCAL PLANNING AGENCY REPORT Case No. Z/LU-7-8-95 APPLICANT'S NAME: Helen 1. Brown, Judith B. Dennis, Glenda Walden & Patricia Wilkinson REPRESENTED BY: Tom Nash, , MacFarlane Ausley Ferguson & McMullen REOUEST FOR: Zone Change from: to: Land Use change from: to: A-E, Agricultural Estate Residential District RM-7.5, Residential, Multiple Family District Residential Low & Preservation Residential Urban & Preservation and approval of a Developer Agreement pursuant to Chapter 134 Article 7 of the Land Development Code HEARING DATE: December 19,1995 RECOMMENDATION: THE EXAMINERlLP A RECOMMEND APPROVAL BASED ON THE FINDINGS CONTAINED IN TIllS REPORT SUBJECT TO THE REQUIREMENTS OF CHAPTER 163 FLORIDA STATUTES AND APPROVAL THROUGH THE PLANNING COUNCIL/COUNTWIDE PLANNING AUTHORITY PROCESS. DATE: December 4. 1995 GENERAL LOCATION Approximately 6.58 acres located on the south side of Montclair Road, 1200 ft. west of Belcper Road. LIST OF PERSONS APPEARING AT THE EXAMINER'SILPA HEARING AND CORRESPONDENCE: 5 appeared in opposition. SURROUNDING ZONING AND LAND USE FACTS: SUBJECT PROPERTY: ADJACENT PROPERTIES: North: East: South: West: LAND USE CATEGORY Residential Low & Preservation ZONING A-E EXISTING USE Single Fam Dwlg MUlti-Family Nursery Lake & Singl Fam Sub Single Fam Sub Residential Medium Residential Urban Residential Urban Residential Urban RM-15 RPD-7.5 City of Clrw City of Clrw BACKGROUND This property came before the Examiners approximately 6 months ago requesting a zone change to allow consbuction of multi-family housing. During that review it was found that a substantial portion of the site was designated by the Future Land Use Map as Preservation. Neighboring single family homeowners to the west objected to this change as it would allow construction in an area adjacent to their homes which because of the preservation designation these homeowners believed would remain in open space. Upon a detailed field review by staff it was determined that the bulk of the area show as preservation (except a band of wetland and 25 year flood plain which parallels the lake shore) does not meet the definition of preservation. Subsequent to the preceeding fmdings it was the desire of the applicants, the neighborhood, and staff to preserve the area currently shown as preservation on the land use maps as open space and consequently this application came forward. Continued Z/LU-7-8-95 Page 2 The request attempts to accomplish the following: 1) Rezone and amend the Land Use Plan the site's upland areas only (area which don't meet the County preservation designation) as summarized above to allow multi-family development or an Adult Congregate Living Facility on the northern most portion of the site. -.- --~- . 2) Preserve a portion of the site lying between the lake shore and the Beckett Lake Estates Subdivision as open space. ZONING AND LAND USE CONSIDERA nONS: Based on the pattern of planned and existing land use in the neighborhood the current zoning of A-E which limits use of the parcel to single family homes each on a 2 acre parcel no longer appears to be appropriate. Property directly to the north is under development with multi-family dwellings at a density of about 15 units per acre. Multi-family development at density ranging from 7.5 upa to 15 upa is found along the north side of Montclair Road eastward to Belcher Road and the property lying along the south side of Montclair Road east of this property to Belcher Road is zoned RPD-7.5. Given this land use pattern the requested zoning and land use designation are appropriate and will permit a reasonable use of the site. In reference to the traffic impacts on the surrounding traffic circulation system, the average daily traffic within the vicinity of the subject area would increase by approximately 141 trips per day (vtpd). Service levels on surrounding roads would not be degraded. The subject site does contain wetlands and an area of 25 year flood plain which were address€xt earlier in this report and will be specifically addressed and protected by the Preservation designation of the FLUM and during the site plan process. Other than this area, there are no other environmental constraints that would preclude this sites development. The proposed request would increase demands on water supplies and wastewater treatment facilities by approximately 2,625 gallons per day (gpd). The property is located within the Clearwater Northeast Service Area, which had a treatment capacity in 1994 of 8 million gallons (mgd) and a average daily flow of 5 mgd. In reference to solid waste, the proposal could increase the amount of solid waste generated by approximately 5 tons per year. While the zoning and land use designations requested and the density level permitted by these is appropriate, great concern was expressed by neighboring property owners about the status if the preservation designation on the land between the shore of Beckett Lake and the western property boundary. As stated earlier a band of true preservation area which meanders along the lake shore exists here, but the bulk of this area does not meet the preservation designation. This being the case the applicant has expressed a desire to utilize development rights from this area but in such a manner so as the preserve this area in open space. To do so the applicant has offered up a developers agreement which accomplishes the following if approved: 1) Allows the useable portion ofland to be zoned to RM-7.5 and designated as Residential Urban by the Future Land Use Map_ The true preservation area will remain designated as such. 2) Provides for a transfer of density from the area being preserved as open space along the westerly portions of the site to a "development area" on the northerly portion of the site away from the Beckett Lakes Estates Subdivision. 3) Preserves the westerly portions of the site from development (except sidewalks, benches, picnic tables, walkways, and other passive uses) through providing an easement over this area which prohibits construction, and removal of vegetation (except as provided in the agreement and easement). The intent of the agreement and easement is to preserve this area in essentially its existing condition. Continued Z/LU-7-8-95 Page 3 4) Approve a special exception as part of the agreement for the construction of a 95 bed Adult Congregate Living Facility (ACLF) on the "development" portion of the property in keeping with normal special exception criteria. 5) As an alternative allow construction of multi-family units on the "development" portion ofllie"Site in compliance with RM-7.5 zoning requirements should the ACLF not be constructed. . 6) Cause the zoning and land use designation of the area being set aside for open space to be placed in a Preservation/Conservation category subsequent to density being transferred to the "development" portion of the site. 7) Cause the zoning and land use designation of the entire site to automatically revert to A-E, Residential Low and preservation as currently exists should the developers agreement terminate. Based on the above information, staff submits the following findings regarding the subject request: 1) Approval of this request will be consist with the following objectives and policies of the Comprehensive Plan. FUTURE LAND USE ELEMENT: Policy 1.1.3. Policy 1.5.4. Policy 1.6.1. Policy 2.1.1. Policy 2.1.2. Policy 2.1.3. Policy 2.2.1. Plan designation shall be compatible with the natural environment support facilities and services, and the land uses in the surrounding area. The county shall continue to designate environmentally sensitive areas as preservation on the Future Land Use Element. The Board shall continue to utilize its innovative development regulations and staff shall continue to examine innovative techniques used elsewhere for incorpor~tion into the Board's planning and regulatory program. Environmentally-sensitive lands which are designated by the preservation land use category on the Future Land Use Map, shall be protected through the review, amendment, and readoption of existing ordinances or the development of new ordinances. Designated open space areas shall be retained as undeveloped land suitable for passive recreation, conservation, or aesthetic uses to provide opportunities to appreciate the natural environment. The natural environment shall be both preserved and enhanced by a sensitive land use program which will include adherence to, but not be limited to, the Pinellas County Habitat Management and Landscape Ordinance, Flood Plain Management Ordinance, Flood Damage Prevention Ordinance, Future Land Use preservation, preservation-resource management, and recreation/open space, the site plan review process, and any other applicable regulations that deal with not only on-site environmental concerns but also with surrounding land uses. Shorelines shall be protected by preservation land use designations, aquatic preserves, development setbacks, public acquisition, or other measures as deemed necessary. 2) The current zoning of A-E unreasonably restrict the property at this location given the land use pattern found in the neighborhood. Continued Z/LU-7 -8-95 Page 4 3) The requested zoning and land use designations and density permitted by such is consistent with the patterns of zoning and land use found on adjacent properties and in the neighborhood in general. 4) Adjacent property will not adversely be effected. .." '.~4' .. 5) The developers agreement as offered by the applicant will provide neighboring property owners with desired open space. Based on the proceeding it is recommended that the application be approved subject to requirements of Florida Statues Chapter 163 and approval by the Pinellas Planning CounciVCountywide Planning Authority process. STATEMENT OF RlGHT OF WAY AND DRAINAGE: Adequate right of way exists for Montclair Road by instrument. This site is not identified for retention requirements on the Sunset Point Road nor Belcher Road projects. Local drainage will be addressed during site plan review process. SPECIAL NOTE ON COUNTY DEVELOPMENT REGULA nONS: Approval of this request does not insure that this site can meet County Development Regulations, including the requirements of Concurrency Management. APPROVED BY: )-Pl B tnltn: Director Pinellas County Planning Department Attachment (Maps) ._.,-._.,~"._-._~._-...-._'-,,-~.,~._-~_...,_...._- APPLICANT'S NAME: REPRESENTED BY: REOUEST FOR: PINELLAS COUNTY LOCAL PLANNING AGENCY REPORT Case No. ZlLU-2-6-95. Helen L. Brown, Judith B. Dennis, Glenda Walden & Patricia Wilkinson Robert L. Berg and Richard H. Turk Zone change from: A-ED Agricultrual Estate Residential District . to: RP -7.51 Residential Planned Development District Land Use change from: Residential Low & Preservation to: Residential Urban & Preservation I RECOMMENDATION: DENIAL DATE: July 3.1995 THE EXAMINERlLPA RECOMMEND DENIAL BASED ON THE FINDINGS CONTAINED IN THIS REPORT. GENERAL LOCA nON Approximately 6.58 acres loacted on the south side of Montclair Road. LIST OF PERSONS APPEARING AT THE EXAMINER'S/LP A HEARING AND CORRESPONDENCE: 14 appeared in opposition. 150 letters was received in opposition. SURROUNDING ZONING AND LAND USE FACTS: LAND USE CATEGORY ReSidential Low & Preservation SUBJECT PROPERTY: ADJACENT PROPERTIES: North: East: South: West: Residential Medium Residential Urban Residential Urban Residential Urban ZONING A-E RM-I5 RPD-7.5 City of Clrw City of Clrw EXISTING USE Smgle Fam Dwlg Multi-Family Nursery Lake 8i. Sing! Fam Sub Single Fam ~ub ZONING AND LAND USE CONSIDERA nONS: This site contains '!Pproximately 6.58 acres (the entire parcel is 10 acres but the application does not address the portion which is under the lake surface) zoned A-E AgI:icultural Estate Residential, and designated as Residential Low and Preservation on the Future Land Use Map (FLUM). With regard to the preservation are~.",tlYs designation generally reflects the 25 year flood plain or an area iliat contains wetland vegetation. While the FLulVl represents graphically that this area contams a fairly extensive amount of preservation, field review by staff indicates that approximately 1.75 acres of land would actually meet the criteria to qualIfy for the 'jJreservation" category. This determination was based on a field survey topographic m'!Ps and staff visitation to the site. n is important to note bowever that while staff believes this recent determmation to oe very accurate1 the fmal preservation line will be determined during the site plan review process by requiring the line to be surveyed. ThIS application does not request any change to the area of actual preservation. The site is bordered to the east by RPD 7.5 zoning and the Residential Urban land use designation and occupied by a plant nursery. To the north i~ the 1;op ofJ:he W.orld ~ev~lopment zoned RM-I5, des!gnat~d as Res!dential !V1.e~:lium on the FLUM and currentJy developmg WItli multI-farmly buddmgs. To the west and south IS a slIlgle farmly subdiVISion located within the City of Clearwater designated as Residential Uroan 7.5 units per acre, on the FLUM. It is_important to note that although this subdivision is sliown as 7.5 units per acre (UpA) on tlie FLUM, it is actually developeo at a density of about 3 3/4 upa. Since the City of Clearwater does not have a density category less than 7.5 units per acre, they placed the lowest density designation that they do have on the area, hence the Residential Urban designation. Based on thi~pattern of planned and existing land use found in the neighborhood it appears that the current zoning of Agricultural estate limitmg use of the parcef to single family homes on lots a minimum of 2 acres in size is no 10nEer appropriate. However this pattern also reveals that the current land use plan designation is appropriate for the bulk of tIlis propeJ1y. A cursory review of the FLUM would indicate that the designation of this property IS a "spot" of Low Density m a neighborhood of higher density. However~ a more indIth review reveals that the propertY to the west is not developed to the density level allowed by the land use plan 71/2 units/acre) but is actually developed at about 3 3/4 units/acre as previously described. Given this] the current esi~ation of the site provides a good transition from the higher densities to the north and those planneo to the east to the lower density single family area to the west. These higher densities described to the north and east support an ar~ent for some increased densities on the subject parcel, however, the lower densities immediately abutting to tbe west and south support the current land use designation tIiat provides an appropriate transition between the 2 areas as described. Given tliese factors and in keeping witli the general intent of the compr~hensive plan to preserve, pormote, protect and improve the public he~lth safety, comfort1 good order, apperance, convemence, and general welfare, prevent the over crowding of lana and aVOId under concentratIOns of populations there appears to be no over-riding reason to amend the land use plan to permit a higher density level as requested. ' Continued Z/LU-2-6-95 /Page 2 In reference to the traffic impacts on the surrounding traffic circulation system~ the average daily traffic within the vicinity of the subject area would increase by approximately 121 trips per day (vtpd). ;:,ervice levels on surrounding roads would not be degaded. The subject .site does contain wetlands and an area of 25 yell! flood pla~ which were addressed e~lier in t4is report and will be sp.ecIfically addressed and protected by the PreservatIon deSignatIon on the FLUM and dunng the site pran process. Other than this area, there are no other environmental constraints that would preclude this sites development. The proposed request would increase demands on water supplies and wastewater treatment facilities by approximately 4219 gallons J!er day (gpd). The property is located within tlie Clearwater Northeast Service Area, which had a treatment capacity in 1994 of 1 j:5 million galfons (mgd) and an average daily flow of 6.20 mgd. In reference to solid waste, the proposal could increase the amount of solid waste generated by approximately 6.96 tons per year. These impact calculations are based on the requested change of land use designation from Residential Low Density to ResidentIal Urban. Based on the above information, staff submits the following fmdings regarding the subject request: 1. The proQ.osed amen~ents are felt to be inconsistent with the following objectives and policies of the Pinellas County ComprehenSive Plan : FUTURE LAND USE ELEMENT : \ Goal 1 The pattern of land use in Pinellas County shall be orderly and reasonable in distribution and intensityt conserve natural resources, be m the overall public interest, and effectively serve the commumty and environmental need of the population. Plan designations shall be compatible with the natural environment, support facilities and services, and the land uses in the -surrounding area. Policy 1.1.3 2. The current plan designation will provide reasonable use of the property. 3. The increased density levels will not be compatible with the existing density level to the west. STATEMENT OF RIGHT OF WAY AND DRAINAGE: Adequate rigl]t-of-way exists for Monclair Road by instrument This site is not identified for retention requirements on the Sunset Point Road north of Belcher Road projects. Major drainage not involved. SPECIAL NOTE ON COUNTY DEVELOPMENT REGULATIONS: Approval of this request does not insure that this site can meet Countx requIrements of Concurrency Management. : 7/3/95 Attachment (Maps) CLWCoverSheet LUZ2003-11013 2155 MONTCLAIR RD Date Received: 11/20/2003 BECKETT LAKE ZONING DISTRICT: MDR LAND USE: RU ATLAS PAGE: 253B NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 (e-mail marc.mariano@myclearwater.com) rn ~ (Ig rcs '.L, =J~" Ii II ' FEB f' 2004 I; u:: I U PLAN ING & DEVELOPMiNT SVCS .... ER To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we find the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. The new building would also require additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the final developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the final Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property -190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged financially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Sincerely, ~~ i2- U/n1~A't (Print Name) JA fhrn V{---.R CD ItmtUl Date: :;;2- /dJ -0 Y Address: jCi~l( LR-nS1hS DfLlJr, C JWflWc.:hJL, ~ 317 b.3 A Beckett Lake Estates concerned resident and owner. . Page 2 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the final Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged financially. Some property owners in Beckett Lake Estates have already lost the private use oftheir back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Sincerely, ~~ ~~d~~dif Date: z//C'/C' y (Print Name) /}/OJ?1A-J T. L l.( Lc t Address: 21 3l{ !-/AIZ,Fol2f} 11'(/11'1 CLeMWI'1~1L pt 337~3 , A Beckett Lake Estates concerned resident and owner. Page 2 of2 EDWARD D. DOWNES 2187 HARTFORD WAY CLEARW A TER, FL. 33763 REF: LUZ2003-11013 BECKETT LAKE LODGE, INC February 7, 2004 Mr. Marc Mariano, City of Clearwater Planning Department 100 S. Myrtle Ave. Clearwater, FL 33758 Sir: IN REGARDS TO THE PROPOSED ZONING CHANGE FOR THE SUBJECT PROPERTY, I WISH TO REGISTER MY CONCERNS. I WOULD NOT AGREE TO THE CHANGE IF THE CHARACTER OR USE OF THE PROPERTY WERE TO CHANGE. I AM NOT CONCERNED WITH THE NUMBER OF BEDS OR AN ADDITIONAL BUILDING ON THEIR PROPERTY SO LONG THE NUMBER OF BEDS IS REASONABLE AND ANY ADDITIONAL BUILDING(S) DOESN'T CHANGE THE AESTHETICS OF THE SURROUNDNGS. WOULD YOU BE SO KIND AS TO CONVEY MY CONCERNS TO THE REVIEWING AUTHORITY FOR INCLUSION IN THEIR DELIBERATIONS? T~K ~Ofii ~..,-/ ~D~.'DOWNES 2187 HARTFORD WAY CLEARWATER, FL 33763 727 443-0208 . 6 NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 IOr-C-- ,i--,' ~-.IL"..j' '" '\'""." ,. r1 "..",~ "~ '.' ."""", . J!'n ~ i\f Qi;~..,,"W: i v' FEB 1 3 2004 (e-mail marc.mariano@myc1earwater.com) The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we find the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. The new building would also require additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the final developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the final Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged fmancially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Sincerely, KMM~{2/\~ Date: 2- -lO-C)L.} (Print Name) K&rr\'1 Sct-\Ll~E::CL Address: L..lhtt~Q.~D WA--Y ct"E;A.~TC-R- t=l ~8763 A Beckett Lake Estates concerned resident and owner. Page 2 of2 NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 (e-mail marc.mariano@myclearwater.com) The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we fmd the proposed Qrdinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. The new building would also require additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the fmal developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the [mal Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged financially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Sincerely, ~ . . .7 /:-~/ / ( ~A- / (/ (Print Name) rj9-"T~/?L' ~j - J- fNL~/-! Date: /.c~ () / I / .~Otj y Address: dJi/6 H/4/,T)::o~LJ tV/-1/~ C?'/dg(/A-'7,E~ ~~ ~?763 A Beckett Lake Estates concerned resident and owner. Page 2 of2 " NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-ll0l3 RECEIVED rEa 13 2004 To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 CfT nr:~n/\~._ '" t Y C).r- 'k ",-..., ii . [*~ i''''-: i' f~.J~.r.--,l\ - :;f~ C I i;::- ~ ~~ Jt~ i '~;iC.j~J r ~~J~i;"'~ ~.i~lft:''-r: ' '. "J'i i ,._ R (e-mail marc.mariano@myc1earwater.com) The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we fmd the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. The new building would also require additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the final developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the final Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged financially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Sii:~~1 ~~~4 , (print Name) ~ A-f.QI 1: ZO'~l~(J.5 Address: ;< I 'A 1 HIl~t fMd ~JV ~ Il2l/1fl~ AtE~ FL ,d1f>.1 Date: ~ - iI-O'l A Beckett Lake Estates concerned resident and owner. Page 2 of2 NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 RECEIVED To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 rtt$ 1 J 2004 PLANNING DEPARTMENT CITY OF CLEARWATER (e-mail marc.mariano@myclearwater.com) The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we find the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. Tbenew buil~ing wOulcl alsor.equire additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the [mal developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the final Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged financially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Sincer:ly, _ _ ~~~~--- ;> ~ " Date: O~.. \t) " \) '-f (Print Name) ~'6:.~N~'Q "t-\~~,S Address: 1..\",,\ ~~-<~l ~v . ~~~~~ ~ ~~lt.a3 A Beckett Lake Estates concerned resident and owner. Page 2 of2 NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 r:lECEIVECr. J~,.,:,.~ ..i."u.. .:' I- to 1;i 2004 (e-mail marc.mariano@myclearwater.com) FLANg\~ll\\~{'~ l"lC:I:}ilR. -i-~"iEN'T v, . V 1_ '-I , ,\ 1\1 . I CITY OF CLEARWATER The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we find the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. The new building would also require additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the final developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the fInal Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefIt from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classifIcation from the current RU (7.5 units per acre) zoning classifIcation. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The fInal developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged fInancially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be tOTed or Chang. e.. d. SinC?:L ~;(! _ ~. ~ ~ i)~l/f/ AI (a,f}el4/~'7 / 1-1 10 rJ~, F Date: t- -I (- CJc./ (Print Name) Address: '7 l{J A Beckett Lake Estates concerned resident and owner. Page 2 of2 ", (S) '" '" z:~ '" '" o I>: I>: 3 o ... I- '" z ~ ~ ;;; '" '" z:~~ ;0 0 '" '" '" ID I>: '" a:: '" '" 3 0 ;0 <> '" '" '" g :>. '" z '" ~ I() .,.; on n '" C'6C Ul:l):.; ';:5'(;6 ('!O( 1 , i',1~: ,.-,c w a:: Cl ~ ;;: ~ ::> Cl a:: a: ~ ~ z ~ (sJS9 ~ 0:- 0"</ Z <( ii: o >- ::> (s)rs (5)05 I"- ... ....., .,b...; ~ $ ~ OL OL OL 9'001 ... ~ci ",0 ~~ ... ,'01 ~ ,0, "0~t ~ ~i, <:>'1!> '" '" N ~'6S BECKETT LAKE DR o o .-l Q 0 ct:ci' ct: <t .... .-l <...... ..J 0 U 0 I- 0 Z 0 o 0 ~...... ~ ~ ~ .-l .-l...... N g: ...... .-t o ~ .. .. .. ~ ci3:~~= u It) 00 I ii .p .. " ~; t.et -:O..~;;:S~ ~ '!"rlra,- is 'i'il~~" I! :E",..c~: iI I}] I}] '" o ;>. 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(727) 562-3262 NOVEMBER JANUARY FEBRUARY DECEMBER $106,768.41 $107,880.58 $108,992.75 $110,104.92 MARCH $111,217.09 Misc Code Escrow Millage Millage Rate Code CW 23.0851 Assessed Value I Exemot Value I Taxable Value 4,817,700 I 0 I 4,817,700 TAXING AUTHORITY COUNTY-AGGREGATE SCHOOL-STATE LAW SCHOOL-LOCAL BD. CITY SW FLA WTR MGMT. PINELLAS ANCLOTE PIN.CO.PLN.CNCL. JUV. WELFARE BD. SUNCST. TR.AUTH. Parcel# 01/29/15/00000/140/0100 Site Address 2155 MONTCLAIR RD BECKETT LAKE LODGE 2901 RIGSBY LN SAFETY HARBOR, FL 34695-4828 Legal Description N 673 FT OF E 690 FT OF SE 1/4 OF NE 1/4 LESS RD http://www.visualgov.com/pinellascounty/PrintBill.aspx?TaxBillNo=0232800&TaxYear...11/21/2003 Pinellas County Property Appra;~~r Information: 01 29 1500000 140 01W' Page 2 of4 01 / 29 / 15 / 00000 / 140 / 0100 Zl-Noy-Z003 JiM SMith, CFA pinellas County Property Appraiser lZ:Z8:17 Ownership InforMation Non-Residential Property Add ress. Use. and Sales BECKETT LAKE LODGE Z901 RIGSBY LN SA f ETY HARBOR f L 34695-48Z8 COMparable sales value as Prop Addr: Z155 MONTCLAIR RD of Jan 1, 2003, based on Census Trac t : Z67.0Z sales froM 2001 - 2002: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/ IMp Plat InforMation 11/Z.000 11.1Z6/ 178 1.000.000 (Q) I 0000: Book Pgs - 4 /1. 996 9.319/ 410 600.000 (Q) I 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 0000: Book Pgs - 0 /0 0/ 0 0 ( ) 2003 Value EXEMPTIONS Jus t / Marke t: 4.817.700 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 4.817.700 Tax ExeMp t %: .000 Other ExeMp t : 0 Taxable: 4.817.700 Agricultural: 0 2003 Tax InforMation Land InforMation District: CW Seawall: Frontage: Clearwater View: 03 Mi llage : Z3.0851 Land Size Unit Land Land Land Front x Depth Price Units Meth 03 Taxes: 111.Z17.09 1) 688 x 640 3.75 Z65. 716.0 S Special Tax .00 2) 0 x 0 1.000.00 4.00 A 3) 0 x 0 .00 .00 Without the Save-Our-HoMes 4) 0 x 0 .00 .00 cap, 2003 taxes will be : 5) 0 x 0 .00 .00 111.Z17.09 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 1. 000.435 2003 taxes will be : 111.Z17.09 Short Legal N 673 fT Of E 690 fT Of SE 1/4 Of NE 1/4 LESS RD Description ON NORTH CONT 10. lAC (C) Building Information http://www.pao.co.pinellas.fl.us/htbinlcgi-scr3?0=I&a=l&b=I&r=&s=l&u=0&p=01+29...11/21/2003 Pinellas County Property Appr";~Qr Information: 01 29 1500000 140 OF'" Page 3 of 4 01 / 29 / 15 / 00000 / 140 / 0100 :01 ZI-Nov-Z003 JiM SMith, CFA Pinellas County Property Appraiser lZ:Z8:16 COMMercial Card 01 of 1 IMproveMent Type: ALF < 4 Stories Property Address: Z155 MONTCLAIR RD Prop Use: 356 Land Use: 74 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Par ty Wall Structural FraMe Roo f FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Total Units Spread/Mono Footing Slab on Grade Conc Block/Stucco o None Masonry Pillar&Steel Gable & Hip COfflposition Shingle Above Average Carpet COfflbination Drywall 130 Heating & Air Heating&Cooling Pckg Fixtures 405 Bath Tile Electric Shape Factor Qual i ty Year Built Effecti ve Age Other Depreciation Function Depreciation EconoMic Depreciation F 100 r Only Ave rage Square Above Average Z.OOZ 1 o o 10 Sub Areas Description Factor Area Description Factor Area 1) Base A rea 1. 00 Z7.154 7) .00 0 2) Sc reen Po rch .40 3.197 8) .00 0 3) Open Po rch .30 785 9) .00 0 4) Uppe r St ry Base Area .90 45.Z43 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) PATIO/DECK 800 Z.50 800 0 1. 940 Z.OOZ 2) FENCE 1140 8.50 1.140 0 9.400 Z.OOZ 3) ASPHALT 14600SF 1. 00 14.600 0 14.600 Z.OOZ 4) ELEU PASS Z 30.000.00 Z 0 58.Z00 Z.OOZ 5) ELEU STOP 6 3.500.00 6 0 ZO.370 Z.OOZ 6) FIREP LAC E 1 Z. 500.00 1 0 Z.480 Z.OOZ TOTAL RECORD VALUE: 106.990 Pinellas County Property Appraiser Parcel Information http://www.pao.co.pinellas.f1.us/htbin/cgi-scr3?o=l&a=l&b=I&r=&s=l&u=0&p=OI+29...11/2112003 / , " "'\ '~~,,vT ...", PINELLAS PLANNING COUNCIL AGENDA MEMORANDUM '\. ...oiil I AGENDA ITEM: IV B-4. I I MEETING DATE: April 21, 2004 I SUBJECT: Proposed Amendment to the Countywide Future Land Use Plan Map From: Residential Urban - RU To: Residential Low Medium - RLM Area: 5.9 acres CASE #: CW04-24 JURISDICTION: City of Clearwater (LUZ2003-ll0l3) LOCATION: South side of Montc1air Road, approximately 1,000 feet west of Be1cher Road TYPE: Level 1- Type C Subthreshold Map Amendment RECOMMENDATION: Council, Based on Accompanying Findings (LA & B), Recommend to the Countywide Planning Authority That The Proposed Level I Subthreshold Amendment to Residential Low Medium Be Approved Pursuant to the Official Acceptance Process. L FINDINGS Based on the background data and analysis in this report, the following fmdings are submitted for consideration of the recommendation for approval of the amendment request: A. The proposed amendment is consistent with Division 5.3, Section 5.3.4 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), the purpose of which is to recognize and provide for Level I subthreshold amendments of the Countywide Plan Map. I PINELLAS PLANNING COUNCIL ACTION: I I COUNTYWIDE PLANNING AUTHORITY ACTION: I 1 I: IUSERSI WPDOCSILUICASESI04 cascslApriIlCW04-24.clw.doc SUBJECT: Case CW 04-24 - Clearwater B. In particular, this amendment qualifies as a "Level I - Type C" subthreshold amendment, based on the amendment being less than or equal to ten (10) acres in size that involves a residential plan designation that permits a density of ten (10) units/acre or less, and is therefore eligible for approval under the official acceptance process. In consideration of and based upon these findings, it is recommended that the proposed amendment be approved. IL BACKGROUND This amendment has been submitted by the City of Clearwater to the Council for Official Acceptance in accordance with the Countywide Rules. The amendment from Residential Urban to Residential Low Medium will allow an increase in density on the parcel and permit the construction of a new assisted living facility housing up to 45 new beds. Parcel ID#: 01- 29-15-00000-140-0100 Existing Use: Assisted Living Facility Proposed Use: Assisted Living Facility Subthreshold Type - "Levell-C" Section 5.3.4.1 of the Countywide Rules defines a Levell - Type C subthreshold amendment as an amendment of ten (10) acre or less that involves a residential plan designation that permits a density of ten (10) units per acre or less. Levell - Type C subthreshold amendments are subject to an annual aggregation limit of thirty (30) acres. When combined with previous amendments, Clearwater's subthreshold amendment total for the year 2004 is 6.6 acres. Subthreshold Amendment Review Policy It is the policy of the Council, consistent with the purpose, procedure and threshold determinants of the Countywide Rules, that subthreshold amendments will be removed from the official acceptance procedure only for substantive reasons related to the Countywide Plan and Rules. Local Government Transmittal On March 18, 2004, the City Commission of the City of Clearwater, acting as the applicant local government, gave approval to amend the City's Future Land Use Map and authorized an application for amendment of the Countywide Plan Map. 2 SUBJECT: Case CW Oh4 - ClealWater Planners Advisory Committee At their meeting on April 12, 2004, the PAC determined that they would not take any action on this subthreshold amendment since there were no issues to be brought to the attention of the Council. (See draft P ACminutes, Attachment 3.) IlL LIST OF MAPS & ATTACHMENTS Map 1 Location Map 2 Countywide Plan Category & Jurisdictional Map - Black & White Map 3 Aerial - Black & White Map 4 Countywide Plan Category - Color Attachment 1 PPC Disclosure of Interest Form Attachment 2 Local Government Transmittal Package Attachment 3 Draft PAC Minutes 3 ,.I:cLTI~ ....\~~LOF T/fi)):~ \~~lll~~ ~~ ,.'\Iv"~\: ~~ ~C"':I ~~Jn .oo:::z:~ ~r:' ::--~~ ..i1"'1---=_ ~~ ':.~.A~-. I ~.j .~ ~r/:t:~~~~~ ......~4TE~ ~1tl ~~T.LJ''fI CITY OF CLEARWATER LONG RANGE PLANNING DEVELOPMENT REvIEW 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 24, 2004 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-11013 - Application to Amend the Countywide Future Land Use Plan Dear. Mr. Healey: The City of Clearwater requests an amendment to the Countywide Future Land Use Plan from the Residential Urban (RU) to the Residential Low Medium (RLM) Future Land Use Plan categories for 5.91 acres located at 2155 Montclair Road. This amendment was passed on first reading at the March 18, 2004 City Commission meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4587. Sincerely, ~~ij~ Gina L. Clayton Long Range Planning Manager Attachments: Staff Report Site Maps Ordinance No. 7270-04 s: IPlanning DepartmentlC D BILand Use AmendmentslLUZ 20031LUZ2003-11 013 Beckett Lake Lodge, Inc 2155 Montclair RdlPPC Transmittalltr LUZ2003-10013 Beckett Lake Lodge 2155 Montclair Rd.doc BRIAN]. AUNGST, MAYOR-COMMISSIONER HOYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIOt\ER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COM~1ISSIONER "EOUAL EMPLOYMENT AND AFFIRMATIVE AC:TlON EMPIOYFR" EXHIBIT "A" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Disclosure of Interest Statement Interested Party/Entity: Interest: Beckett Lake Lodge, Ltd., a Florida limited Property Owner partnership Beckett Lake, Inc., a Florida corporation General Partner of Beckett Lake Lodge, Ltd. Michael Connor Corporate Officers of Beckett Lake, Inc. George K. Kidman Michael T. Wagner Bridget M. Blake Robert T. Boyle #304974 v1 ORDINANCE NO. 7270-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD, APPROXIMATELY 1,000 FEET WEST OF BELCHER ROAD, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD, FROM RESIDENTIAL URBAN TO RESIDENTIAL LOW MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQory See attached legal description (LUZ2003-11013) From: Residential Urban To: Residential Low Medium Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: \ /' ---'- 1/ '-".) C/./' l:/' 1 1 . . . ',. ". f!,~ ^ ,.' (...-- ,.-. ;_, 1'"'. X..L..d( t d'<. .X:.tL;~/((' >.:.... '. Leslie K. Dougall:Sides ') Assistant City Attorney J Attest: Cynthia E. Goudeau City Clerk Orrlin:::!n('A Nn 7?7n_nA The Northeast if4 of the Southeast if4 of the Northeast if4 of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida; together with the East 17.41 feet of the Northwest 1f.. of the Southeast 1f.. of the Northeast v.. of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence a~ the Northeast corner of the NE Y4 of the SE ~ of the NE 1f..; thence run S. 000 35154"E., a distance of 673.75 feet to the SE corner of the NE 1f.. of the SE Y4 of the NE %, thence N. 89021141"W., a distance of 688.73 feet to the east line of Beckett lake Estates as recorded in Plat Book 65, Page 95, Public Records of Pinellas County, Florida; thence N. 00032159" W., along said east line of Beckett Lake Estates, 670.97 feet to the south right-of-way line of Montclair Road; thence S. 89035132" E., along said south right-of-way line, a distance of 688.11 feet to the point of beginning. CDB Meeting Date: February 17, 2004 Case No.: LUZ2003-11013 Agenda Item: E 1 ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Beckett Lake Lodge, Ltd REPRESENTATIVE: Roger A. Larson LOCATION: 2155 Montclair Road, located on the south side of Montclair Road, approximately 1,000 feet west of Belcher Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Residential Low Medium (RLM). SITE INFORMATION: PROPERTY SIZE: DIMENSIONS OF SITE: PROPERTY USE: Current Use: Proposed Use: PLAN CATEGORY: Current Category: Proposed Category: ZONING DISTRICT: Current District: Proposed District: EXISTING SURROUNDING USES: 257,439 square feet or 5.91 acres 688 feet wide by 670 feet deep m.o.I. Assisted Living Facility Assisted Living Facility Residential Urban (RU) Residential Low Medium (RLM) Medium Density Residential (MDR) Same North: Multi-family residential and Open space South: Single-family residential & Beckett Lake East: Single- family residential and Outdoor retail sales & display West: Single- family residential Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 1 ANALYSIS Introduction The Future Land Use Plan amendment application involves a 5.9I-acre portion of one (1) parcel of land, which is approximately 10.I-acres in its entirety, and is occupied by an assisted living facility containing 130 beds. The remaining 4.19-acres of the parcel is not included in this application and is designated Preservation (0.72-acres) and Water/Drainage Overlay (3.47-acres). The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Residential Low Medium (RLM) category in order to receive an increase in density and permit the construction of a new assisted living facility housing up to 45 new beds. There is no change requested to the current zoning classification, which will remain MDR, Medium Density Residential and is consistent with both the existing and proposed Future Land Use Plan Classification. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pinellas Planning Council and Board of County Commissioners acting as the Countywide Planning Authority. Based on the acreage involved in this plan amendment, review and approval by the Florida Department of Community Affairs is not required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-603.F.I] Applicable Goals, Objectives and Policies from the Clearwater Comprehensive Plan in support of the proposed land use plan amendment are as indicated below: 3.0 Goal - A sufficient variety and amount of Future Land Use categories shall be provided to accommodate public demand and promote infill development. 3.2.1 Objective - Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. 13.5 Objective - Continue to provide zoning and land use regulations which allow the establishment of group homes, foster care facilities and special needs housing subject to minimum State requirements. 13.5.2 Policy - Encourage and assist human services agencies and other community groups in developing special living facilities at a level appropriate to Clearwater's population and needs. The proposed plan amendment is not in conflict with Clearwater Comprehensive Plan Goals, Objectives or Policies, and is therefore consistent with the Clearwater Comprehensive Plan. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-l1013 - Page 2 II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Residential Low Medium (RLM) category, as specified in Section 2.3.3.2.1 of the Countywide Rules, is to depict those areas of the County that are now developed, or appropriate to be developed, in a low to moderately intensive residential manner; and to recognize such areas as primarily well-suited for residential uses that are consistent with the urban qualities, transportation facilities and natural resource characteristics of such areas. Residential uses are the primary uses in this plan category up to a maximum of ten (10) dwelling units per acre. Secondary uses permitted in Residential Low Medium areas include residential equivalent, institutional, transportation/utility, public educational facility, ancillary non- residential and recreation and open space uses. The proposed plan amendment is consistent with the purpose and locational characteristics of the Countywide Plan. III. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-603.F.3] Montclair Road Corridor In the location of the subject site, Montclair Road is a two-lane undivided roadway with traffic signals at Belcher Road to the east and Hercules Avenue to the west. The Montclair Road corridor in this area between Belcher Road and Hercules Avenue is characterized by residential, commercial and institutional uses. The Countywide Future Land Use Plan has designated land in this area on the north and south sides of Montclair Road as Residential Low, Residential Urban, Residential Medium, Recreation/Open Space and Preservation. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding areas to the east is Residential Low (RL) and Preservation (P), while the areas to the south and west are designated Residential Urban (RD). The Residential Medium (RM) and Preservation (P) categories are located to the north. The existing surrounding uses include single-family residential dwellings to the east, west and south, as well as outdoor retail sales and service to the east and Beckett Lake to the south. Multi- family residential dwellings are located to the north. The proposed future land use plan amendment and rezoning are compatible with the surrounding uses due the residential character of the use. IV. SUFFICIENCY OF PUBLIC FACILITIES [Section 4-603.F.5] As stated earlier, the subject site is approximately 5.91-acres. Based on a maximum permitted density in the current RU category of 7.5 dwelling units per acre, 44 dwelling units, or 132 residential equivalent units, are currently permitted to be developed on the site. Based on the maximum permitted density in the proposed RLM category of 10.0 dwelling units per acre, a Staff Report - Community Development Board- February 17, 2004 - Case LUZ2003-11013 - Page 3 maximum of 59 dwelling units, or 177 residential equivalent units, would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 45 residential equivalent units on this site from the existing permitted density. Roadways The accepted methodology for reviewing the transportation impacts of the proposed plan amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The PPC's traffic generation rates have been calculated for the subject site based on the existing and proposed Future Land Use Plan categories and are included in the following table. .BelCbetRd'be~We~IlMpntj;; . Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of Belcher Rd b/w Montclair Rd and Sunset Point Rd LOS of Belcher Rd b/w Montclair Rd and Sunset Point Rd Nt A - Not Applicable LOS - Level-of-Service 1 = Based on PPC calculations of 70 trips per day per acre for the Residential Urban Future Land Use Plan Category. 2 = Based on PPC calculations of 63 trips per day per acre for the Residential Low Medium Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Belcher Road segments in the vicinity of this site a level of service (LOS) C. The proposed land use amendment will not decrease the existing capacity of any of the surrounding roadways and will not have a negative effect on the segment's level of service as the proposed category is less intensive than the current category. Specific uses in the current and proposed zoning districts have also been analyzed for the level of vehicle trips that could be generated based on the Institute of Transportation Engineer's Manual. Staff Report - Community Development Board- February 17, 2004 - Case LUZ2003-ll0l3 - Page 4 Existing Zoning/Future Land Use Plan 132 beds 344 N/A 47 N/A Proposed Zoning/Future Land Use Plan 177 beds 461 117 63 16 59 units 345 1 31 ( -16) 59 units 564 220 60 13 The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment will not result in the degradation of the existing LOS to the surrounding road network, as the traffic generation associated with the proposed amendment will not exceed 1 % of the existing PM Peak hour trips of Belcher Road. In. addition, no impact to the operational efficiency of the signalized intersections within the subject area is anticipated by the proposed amendment. Mass Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within y.. mile of an existing transit route; and headways are less than or equal to one hour. Pinellas Suncoast Transit Authority (PST A) bus service is available along Belcher Road. Water The current future land use plan classification could demand approximately 12,000 gallons per day. Under the proposed future land use plan classification, water demand could approach approximately 15,750 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for water. Wastewater The current future land use plan classification could demand approximately 9,600 gallons of wastewater per day. Under the proposed future land use plan classification, sewer demand could Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-ll013 - Page 5 approach approximately 12,600 gallons per day. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for wastewater. Solid Waste The current future land use plan classification could result in 121 tons of solid waste per year. Under the proposed future land use plan classification, there could be approximately 159 tons of solid waste generated per year. The maximum development potential permitted under the proposed future land use plan classification will not affect the City's current LOS for solid waste disposal. Recreation and Open Space As this is an existing assisted living facility and the use will not change, the proposed land use plan amendment and rezoning will not impact the LOS of recreational acreage or facilities. V. IMPACT ON NATURAL ENVIRONMENT [Section 4-603.F.5.] As there are no wetlands on the subject site that could be impacted by future development, the natural environment will not be affected. ill addition, the Preservation zoning district located on the southern portion of the subject parcel is not included as part of this application and will be preserved into the future. VI. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1 & 4-602.F.I. and .2.] The proposed RLM future land use plan classification permits a density of 10.0 dwelling unit per acre, while the existing RU future land use classification permits a less intensive density of 7.5 dwelling units per acre. The size of the subject site is 257,439 square feet and exceeds the lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the assisted living facility use in the MDR zoning district. Therefore, the parcel meets the size requirements of the proposed District and the existing uses are permitted in the illstitutional District. Approval of this land use plan amendment and zoning district designation does not guarantee the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development permits are requested. The existing and proposed use of this property as an assisted living facility is consistent with the Medium Density Residential zoning district regulations. Staff Report - Community Development Board - February 17, 2004 - Case LUZ2003-11013 - Page 6 SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Residential Urban (RU) to Residential Low Medium (RLM) for the subject property is being requested in order to allow the expansion of an existing assisted living facility. The neighborhood is surrounded by single-family residential dwellings to the south, east and west, as well as outdoor retail sales and service to the east; and multi-family residential dwellings to the north. The proposed Residential Low Medium Future Land Use Plan classification is consistent with the existing MDR, Medium Density Residential zoning district and with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding area, does not require nor affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. The Planning Department recommends APPROVAL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 2551 Montclair Road from Residential Urban (RU) to Residential Low Medium (RLM). Prepared by Planning Department Staff: .i4Jk:-- Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning DepartmentlC D BlLand Use AmendmentsILUZ 2003ILUZ2003-1 /0/3 Beckett Lake Lodge, lnc 2/55 Montclair RdlLUZ2003-1 101 3 Beckett Lake Lodge staff report. doc Staff Report - Community Development Board - February 17,2004 - Case LUZ2003-11013 - Page 7 Aerial Photograph Owner: Beckett Lake Lodge. LUZ2003-11013 Site: 2155 Mon tclair Road !\cres) : 5.91 Land Use 01/29/15/00000/140/0100 To: RU RLM fY', Franr : tiCJS ~)(J~Jf:;~ 2538 ....,,"',.,i .- - . : -. . '- -._~ :-.. .- ;----1 i---- . ~-~-~ 1.-:__, ~-..-~ i--~~-' f'---: , I~_ C'lI, C't c:4r -, : -----~ :~-I- :-'__1-- .':..:- 5 I, I' :- - - ~ RU ~ 1- ~ : ," 1___1 g--~. ,__I ;----: ~~--'~ __ _ J. 1 co . ~ --.-+:f '" r-" ,- . . . ... ---~ '" ,-- -. .-- , . '" L._ ;-(15 - ;;: SUN TREE DRIVE .---- , '" .-::":'- - ._. :<"t E-----, ~----~ <'II 1 qt , . I-I 1__ , :"'_,-. I-;._l ----------- -~-_.~ ----; .--- ~ : ! " g ..i---~ . . . -:--~ ~ ,----- i--;_~ : ;: c, , 1- 1 193T' ,----- --- -, . . . . : -...J..... Future Land Use Plan Map Owner. Beckett Lake Lodge, Incorporated Case: LUZ2003-11 013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR A tlas Page: 253B . . _I ~ . ._~ ~ i . . '-- __I g--!... . ,-- . __ _.. I r' ..- 3 :;-- ~ : _i--" L___~ I___~_ " " _ _r-"-. . . :_._I-~ " SUN TREE DR ,---I ." . . . 1__, " '~ ~ ; i ~ g -- --I .1 , 1- -, ~ -"D3b --- -. : ' Existing Surrounding Uses Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11 013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR A tlas Page: 253B ,. ; "'~'" " .- -. 2 ~ ._~ - .,--,- , ~- .I-~ .-- - - ~ , .. --;.. - ~ .-" -' ~ v-~__ r--~- ;--~~ ~_I---: : 1_: t"'l: C't c\ -'.. _~ ____I ..__'- _:.2_ '.' 5 ~- -_: 9--~1 , ,- - . }%1, , , ' 1__ .1 3 ~- I~ L___~ .. r~ ... , , ... '. --C\t '-- .. _-~---I , , :_._l-~ .. SUN TREE DR - " . ,-- '" -, l-t ..__ ,.. , '" - r~) ~--~':~:j ---.... I , . 1_. I ----~-----, ~:!: : -_~--"::_r---I , 1_, . 1.- _ ~I ,- --I , . ' '--I " I-I--~I , .. :_,-,.~ .. , . ~ .' '. ~ ! '" ----I .' , . , I. -I ~ - "l~36 , , . . ' , .. 1m-' - ;-- ~_: : " . ~-- -, , ' Zoning Map Owner: Beckett Lake Lodge. Incorporated Case: LUZ2003-11 0 13 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR A tlas Page: 253B ~ I .j . I , I i I , 1- " .! ., ; . ..~ :~ PAGES L ACCT~.~ RI~C V..A.J.. . O::.~"9 . 'tX)[).00 P!.> ~ _____ Il\:r nk~_.tPftplredhy FEES -----. ... retIn fU: ~.ITF == DavidA. &llan. Esq. PiC _ 2959 First Awnuc Nor1h R:::'.' _ St, Pccersbur.. Florida 33713 - - --~ N", .. 1'.....L~~1 . C~'-B4L lDTll: S?,010.SO .~~G t:MT ~~ WARRANTY DEED P am l'ifi.1DIIlOOl: $1,010.50 -xJ 1'-' I ...t\ 1In>I~:"" S.OO TInS WARRANTY DEED is e and executed this~dayofSeptdY~~tween the parties named as Grantor and as Grantee below: l rtmEH f. II a.m. IliRK (f amr PDEllflS CWIIY, FllJUOO 9r.685609 11-2lHOOO 09:$:12 51 &1I.lmT lfi([ um: 0C0>>.l(m> II: I{: mDOO 002 Pm Ire 8TH - Wl19 JIF mi: 1 3 EPG: .10.50 fl,OOO.OO I ., " . , :1 -j J 1 I t J I I I GRANTOR: ASCOT DEVELOPMENT CORPORATION, aFJorida corporation GRANTEE: BECKElT LAKE LODGE, LTD., a Florida limited partnership 003 . PINEt.l~~b,NOVsK2~-2000 10 :Ol.8tt I........il..o 178 GRANTEE ADDRESS: 2901 Rigsby Lane Safety Harbor, FL 34695 WITNESSETH: TIlAT the undersigned GRANTOR, for and in consideration of the sum ofTEN DOLLARS ($10.00) and for other good aDd valuable consideration paid by the GRANTEE. tlJe rcccipt aDd sutIicicncy ofwlUch are hereby acknowledged byGRANTOR,hasgranted. ~ soJdand conveyed, sndbytbisiDstrunat does grant, bargain. ~ convey and confirm unto GRANTEE. and to the assigns and succmors ininterest of GRANTEE. olIthat certain real property descn'bed below: LEGAL DESCRIPTION: The Northeast V4 or tile Soqtheast V4 of the Northeot Vol of Sedfon I, TowuJllp 29 SoqtJa, Ruge 15 E.... PiIIdfa. COUlty, Florida; together with tile East 17.41 feet ofthe NortJnrm Vol of tie Southeast 114 oftJae Nortl1east 1/4 of Sectioa I, Tow.Yip 29 Soltll, Rallge 15 East, Pitaella CO.llly. Florida, LESS road right of way. TAX PARCEL ID: 01129/15/00000/140/0100 . SUBJECT TO: 1. 2. 3. Taxes for the year 2000 and all subsequent years Conservation Easement Agreement recorded in O.R. Book 9313, Page 398. Development Asrecmcnt by and between Helen L. Brown. Judith Dennis, Glenda Walden and Patricla VUkioson. as Tenants in Common (the Owners) and PiDetlas County, a political subdivision ofthc State ofHorida and Pannon EntetpJises, Ltd. (Developer) recorded in O.R. Book 9282. Page 254. TOGETHER wrrn aU tenements" hereditaments and appurtCDaIICes. and with every privilege, right, title interest and estate thereto belonging or in anywt,e appertaining, TO HA VEANDTO HOLD. infee simple, absolute and forever. .:.....: : _J -..";'(1 ' ~....,.:~~'.. ~. ' ....~:\ t' :... ~ . , . '.-.'1- r ./ I , ,,':. ~ -=--_ - . _. t. PINEL-LRS COUNTY F'LA OF'F' .REC .BK 11126 PG he AND GRANTORdoestovmmtand wamntthat GRANTOR is JawfWly seized of the subject premises, free 1i'om aD claims, 1icus or eucumIx~ except those hereiD-above stated, with good and lawful rigid, power and authority to hereby convey the same to GRANTEE; and GRANTOR further hereby wmants the title to the land abow described. and will dcfCnd tbe same against the lawful claims of all persons whomsoever. IN WITNESS WHBREOF. the GRANfORhns caused this WARRANTY DEED to lledulyexecuted upon the date first above written. Witnesses: ASCOT DEVELOPMENT CORPORATION, a Florida corpomtion By: //d JOIptb. wn.sON. itsPrcsident -.::5", EnI~ I'IilIcdNlale: ~. EJ>W'AI!..n-.S ~~ l'IncdNtDK: C,f'-'Kr, I'1n/r~ t'1bJen..t STATE OF COUNTY OF ~Gt,~ ~v.,l.~ BEFORE ME pcrsooaIIy appeared .JOHN D. WILSON to me w.:U bown or who has prOduced his driver's Ucense IS identification. and known to be the individual described in and ,,-110 executed the foregomg Instrument as President of ASCOf DEVELOPMENT CORPORATIo.~.. FloricJa corponIioo.sewrally admowledpdtoand betore.-lhat heeMCUtldsuch instrument 891Q ofticer of said c:orpcntioa. and that the seal affixed to the foregoing instrlllilel1l is the CIOC'pOI'8Ie seal and dill it was aftixed by due I' me! regular cocp<<ato authority and that said instrument is the free at! and deed of said corporation. W"......my'-l..._....,~or_.2000. V,G) I MyCOII1mission ~ k (..l t Q. eJ9 111 tit CA ~ j ~ d...e-, ~t- ~~ NOYARYPUBLlC J ...... . .. .... . .".~' "00' . I . ..~ - ..~~. :';".. - .........~., --; -~i.y.:,l' ~.; },. . .: . ....~:.~~t.~..." "'r.: :::'.-.:. . ~ l r a: ~ STREET SETON 3r---1 MONICA I 1\ ~ 3 ~ ~ ~ ~ ~ ~ ~I i:5 FRANCIS I Location Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR A tlas Page: 253B APPLICATION FOR COUNTYWIDE FUTURE LAND USE PLAN AMENDMENT Please complete all the information below as accurately as possible to ensure that the application for the land use plan amendment can be processed efficiently. Processing of the application will not be started until this form has been completed. If additional space is needed, please number and attach additional sheets. I. Countywide FLUP Map Amendment Information 1. Current Countywide FLUP Designation RU RLM 2. Proposed Countywide FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number LUZ2003-11013 2. Current Local Plan Designation(s) 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) 5. Proposed Local Zoning Designation(s) RU MDR. Medium Densitv Residential RLM MDR III. Site Description 1. Parcel number( s) of area( s) proposed to be amended 01129/15/00000/140/0100 2. Acreage 5.91 3. Location 2155 Montclair Road 4. Existing use Assisted Livin!! Facilitv 5. Existing density 44 Dwellin!! Units 6. Name ofproject (if applicable) None IV. Verification of Local Action 1. Verification of local action to approve amendment to local plan and transmittal of amendment to Countywide Plan Map; and/or copy of local ordinance proposing/approving plan amendment authorizing request for amendment of Countywide Plan Map. V. Other Pertinent Information I. Submittal letter from the local jurisdiction to the Executive Director requesting amendment to the Countywide FLUP. x 2. Disclosure ofInterest Statement with names and addresses of the application! representative and property owner. x 8. Map clearly indicating amendment location. x X X N/A X X X 3. Proposed local ordinance number and status. 4. Staff report and local action to date. 5. Attach local plan and zoning maps. 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). 7. Legal description. 9. Plan Amendment Application. Clay ton, Gina From: Sent: To: Subject: Mariano, Marc Friday, February 27,20043:53 PM Clayton, Gina RE: Built density of Beckett Lake Estates Beckett lake sub is 4.5 du/a. The average lot size is just under 10,000 sq ft. Enjoy, Marc -----Original Message----- From: Clayton, Gina Sent: Wednesday, February 25, 2004 9:49 AM To: Mariano, Marc; Berry, Bryan Subject: Built density of Beckett Lake Estates Could you determine the built density of beckett lake estates? A resident said it is around 3.5 units per acre. The CDB indicated that they it was more intensive. I would like to have for the March 18th meeting. Gina L. Clayton Long Range Planning Manager (727) 562-4587 g ina.c layton@myclearwater.com 1 enD - ~t..e0, l1~ ~~ ~ ~ iv: Sf- C1Lerr CoLE was 2- - ~/A.~~ ~ J;i\~(oY\~ 3 S- . ~o:RtcL Ly r.cA - '(3;tzcffJd: LoJ-z fs(o:fu J0 . ~[\U~ ~ L~J i.M- (nOl.()Y\6- L0lr\<Lf- ~ . Cw~ (]JJ.~ . .~ ~ tk\or~ ~ &JJ. % fVM . ~~Q~ - fu.y. A.rr;(~ uJ! &ull.fvx .. QM\cJAfyoh-rY OW. rrK- ~ 6fJ. ~ . flX~fa ( Vf0: /&JJ 0_ fY'rjJp. (IcJw(a:hriL '-'/ .. Beadf~. CfvoVp ~V11Lfr<<JaAJ-- ... tW~lMrs / Ii lk,n ~ ~ / I~~ };Jj ,.. i9L-i ~d.s d0J.el~ ... CAmLVil- ~ ,witlv Q!f;-ejJmv:f ... b\L~ ~ ~ ~ 0rv~ : F A~ --fo[) ~.t&s[~0. ~ ,ritJdjj,.m~ 0rJ5" ra.",& ,. rfom ()Jrrd- or~ ~w.d, c;c ~. l' \ i'\ : h ~ ill ~J..! u 4 lQJ& rr /,ld\QLnQ/ / '''fl .. (J It ..~ C1JY'YIvvtRAid A{pr0l(/,J' - f-{Ut wr: 2-t1C{ - ? fl i6 to Lo (fi!OV(fA (J0~j ,r ... ,. NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 FEB 1 8 2004 (e-mail marc.mariano@myc1earwater.com) The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we find the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same property developed in 2000-2001. The new building would also require additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the fmal developers agreement. Page 1 of2 .." "'" NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the fmal Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged financially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. Si~cer '......... ~>.7 _~~l4-A.J~'--L J L/" (Print Name) Pp.. -r ICI6i k ~Y!'l r!.-/f Date: ;;.. /// h -f<:- /' ,/ . Address: ~/1-& if ftlLJh191 b. )0/ ~YEf41J2 1'/ fl/~ fJ ;--:.. 3 ~-s 7 ~ ~ L/l , J .......J A Beckett Lake Estates concerned resident and owner. Page 2 of2 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 November 24, 2003 Mr. Roger A. Larson, Esquire Johnson, Pope, Bokor, Ruppel & Bums P.O. Box 1368 Clearwater, Florida 33757-1368 RE: Application for Future Land Use Plan Amendment approval (LUZ2003-11013) to amend the future land use of one (1) land parcel totaling 6.29-acres, at 2155 Montclair Road from the Residential Urban (RU) category to the Residential Low Medium (RLM) category. Dear Mr. Larson: The Planning Department has reviewed your application for Future Land Use Plan Amendment approval (LUZ2003-11013) for the site at 2155 Montclair Road. After a preliminary review, staff determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number: LUZ2003-11013. The following schedule has been tentatively established for the review of your application by various City boards. These meetings are necessary in order to process your request appropriately. You or a representative are required to attend the Development Review Committee and Community Development Board meetings. Should any of the following meeting times and/or locations change you will be contacted immediately. 12/23/03 Development Review Committee, time to be determined (Please call Sherrie Nicodemus at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed.); in the Planning Department conference room - Room 216 - on the second floor of the municipal service building, 100 South Myrtle Avenue in Clearwater. The case will be forwarded to the Community Development Board when it is deemed sufficient. 2/17/04 Community Development Board, meeting starts at 2:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. 3/18/04 City Commission (first reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. BRIAN]. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILl.JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 4/1/04 City Commission (second reading), meeting starts at 6:00 p.m. in the City Commission Chambers on the 3rd Floor of City Hall at 112 S. Osceola Avenue. 4/21/04 Pinellas Planning Council, meeting starts at 9:00 a.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. 5/4/04 Countywide Planning Authority, meeting starts at 6:30 p.m. in the Board of County Commissioners Assembly Room on the 5th Floor of the Pinellas County Courthouse at 315 Court Street. If you have any questions, please do not hesitate to contact me at 727-562-4553. Sincerely, ~ Marc A. Mariano Planner S:\Planning DepartmentlC D BILand Use AmendmentslLUZ 2003\LUZ2003-09008 Okeefe's Restaurant 1219 S. Ft. Harrison AveILUZ2003- 09008 Okeefe's 1219 S Ft Harrison complete Itr.doc "'tl ~ ~ .., ~ (ii0 00 "0 ~ 0" ~ 00 ::I ~ 0- CD Ci3 .., < ~ roo (ii0 ::E Ul CD 00 a..... 00 CD ::10.., a. ~" :r: <<"0_ o-en r:::0'- ::E...,en -000 z =::10 goo-i ::I :g )> o=""C c:s:!m :::!l~::O ~Oo ~ ::I -i ~ 0' . -..., o 00 9'"0 CD ~ o 3 S;::+ 0" o 3 CD o - o ,.., 9' CD 00 "0 ~ &f - 0" ::I "C ~ '< 3 ~ ::I .... "'"'l o .... ~ 9 ~ (') :>;" t:t1 trl (") ~ ..., ..., ~ r-< o t:! o trl tI.l ~ N VI N -l>o ...... ::I "'tl ~ .., en o ::I ~ l'll - =- e Q. "li ~ l'll ""I = ~ = :0;- 2 e >- '" '" = = = - 2 = ("':l = = = ""I 3 2 = == = ~ ::c l'll '" l'll <" l'll Q. "C ~ '< 3 ~ = .... r; t"" 50 l'll - - l'll 3 -3 = - ~ 8 N N o o VJ I - - o - VJ t"" 5" l'll - - ("':l l'll ~ 3 ~ ~ 2 = :;= (t) f":l (t) .,. "0 ~ ::t:t: ~ = """" ....N tll 0 ....0 .... w -'0 ~o -. 0 NO Co ~o o o o """" N N \0 """" >- >- 3 3 VJ - 6 - " ~ = ~ = -- ~ QO 00 = QO 00 = -l>o N QO 00 = 00 00 = - " VI VI - VI VI - - -- " "li "li VI N -s." Q <:, ~ Q <:, ~ "'tl 0 .g 0 0 IS: 0 0 Q; ~ 0 VJ -3 ""I ~ = ("':l = Q. l'll r-< t::l ~ l'll 6. ~ c:::: -e" en - en CS. = Ro ~ Pi en ~ ::I ~ a o - o I W -l>o - N 0\ w ~ < ~ Ii >- '" '" 8 s. 2 = JOHNSON, POPE, BOKOR, RUPPEL & BG't{NS, P.A. ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BRUCE H. BOKOR JOHN R. BONNER, SR.' GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH J. DANIELS BECKY FERRELL-ANTON COLLEEN M. FLYNN MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A JOHNSON, JR. SHARON E. KRICK ROGER A LARSON JOHN R. LAWSON, JR' LEANNE LETIZE MICHAEL G. LITTLE MICHAEL C. MARKHAM STEPHANIE T. MARQUARDT ZACHARY D. MESSA AR. "CHARLIE" NEAL TROY J. PERDUE F. WALLACE POPE, JR. ROBERT V. POTTER, JR. AUDREY B. RAUCHW A Y DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL' CHARLES A. SAMARKOS PHlLIP M. SHASTEEN JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN STEVEN A WILLIAMSON 'OF COUNSEL PLEASE REPLY TO CLEAR WATER FILE NO. 40609.100935 December 31, 2003 Via Hand Delivery Marc A. Mariano, Planner City of Clearwater Planning Dept. 100 South Myrtle Avenue Clearwater, FL 33756 Re: Beckett Lake Lodge, Ltd. Land Use Plan Amendment Application Dear Marc: Enclosed are 15 sets of the Application for Comprehensive Plan Amendment, including all attachments, and 15 sets of the survey. The enclosed survey reflects only the land for which the change is requested. I revised the first page of the application to reflect the correct acreage and attached the survey legal description as Exhibit "B." This is the same legal description we provided to you on December 2. Please call me or email me(javnes@jpfirm.com) if you require any additional items and I will run them over to you on Monday morning. Thanks. Sincerely, ~t.~ Jayne E. Sears Legal Assistant js encls. cc: Mr. Robert Boyle Roger A. Larson, Esquire #308109 v1 CLEARWATER OFFICE 91 I CHESTNUT ST POST OFFICE BOX 1368 CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 TELECOPIER: (727) 462-0365 TAMPA OFFICE lOON. TAMPA ST. SUITE 1800 POST OFFICE BOX 1100 TAMPA, FLORIDA 33601-1100 TELEPHONE: (813) 225-2500 TELECOPIER: (813) 223-71 18 First Submittal 2004 Small Scale Development Amendments Fourth Amendment of 2004 LUZ2003-11013 2155 Montclair Road SMALL SCALE DEVELOPMENT AMENDMENT SUBMITTAL FORM 1. CITY OF CLEARWATER (CITY FILE LUZ2003-11013) CONT ACT: GINA CLAYTON, SUPERVISING PLANNER (727) 562-4587 NAME OF NEWSP APER: TAMPA TRIBUNE DATE PUBLICATION NOTICED: 02/01/2004 & 03/14/2004 NOTICES A TT ACHED? YES (X ) NO ( ) 2. NUMBER OF ACRES OF SMALL SCALE DEVELOPMENT AMENDMENTS CONTAINED IN THE PACKAGE: a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization areas, as Defined by Section 163.3164, Florida Statutes: 0 b. Within a Transportation Concurrency Exception Area, pursuant to Section 163.3180(5), Florida Statutes: 0 c. Within Regional Activity centers Urban Central Business Districts, pursuant to Section 380.06(2)(e), Florida statutes: 0 d. Outside of categories a., b. and c. referenced above: 5.91 acres 3. CUMULATIVE TOTAL NUMBER OF ACRES OF SMALL SCALE DEVELOPMENT AMENDMENT FOR THE 2004 CALENDAR YEAR a. Categories listed in Item 2.a., b. and lor c. above: 0 b. Categories listed in Item 2.d. above: 9.42 acres 4. TOTAL NUMBER OF ACRES OF SMALL SCALE DEVELOPMENT AMENDMENTS CONTAINED IN THIS PACKAGE THAT ARE LOCATED WITHIN A COASTAL HIGH HAZARD AREA, AS IDENTIFIED IN THE COMPREHENSIVE PLAN: 0 Pursuant to Rule 9J-11.015(2), Florida Administrative Code, this form must be mailed with all small scale development amendments, as defined by Section 163.318(1) (c), Florida Statutes: Florida Department of Community Affairs, Bureau of State Planning, Plan Processing Section, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 (904) 488-4925 RPM-BSP-SMALL SCALE OR r STREET 11 11 SETON i!i Z ii' i!iL-J :;; -< ~ " MONICA ~ ~~ w ~ FRANCIS ~ 1 I", g 0 Location Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR Atlas Page: 253B ORDINANCE NO. 7270-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD, APPROXIMATELY 1,000 FEET WEST OF BELCHER ROAD, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD, FROM RESIDENTIAL URBAN TO RESIDENTIAL LOW MEDIUM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: ProDerty land Use CateQorv See attached legal description (LUZ2003-11013) From: Residential Urban To: Residential Low. Medium Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and SUbject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and land Development Regulation Act, pursuant to ~ 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 18, 2004 April 1, 2004 Brtang~ ---- Mayor-Commissioner' Approved as to form: 7 Attest: Ordinance No 7?70.04 The Northeast Y.. of the Southeast % of the Northeast Y.. of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida; together with the East 17.41 feet of the Northwest Y.. of the Southeast % of the Northeast Y.. of Section 1, Township 29. South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Northeast corner of the NE if.. of the SE % of the NE y..; thence run S. 000 35'54"E., a distance of 673.75 feet to the SE corner of the NE Y.. of the SE % of the NE %, thence N. 89021'41"W., a distance of 688.73 feet to the east line of Beckett lake Estates as recorded in Plat Book 65, Page 95, Public Records of Pinellas County, Florida; thence N. 00032'59" W., along said east line of Beckett lake Estates, 670.97 feet to the south right-of-way line of Montclair Road; thence S. 89035'32" E., along said south right-of-way line, a distance of 688.11 feet to the point of beginning. ....,,' " , , . " .!;.., .. ," , ""'" "'~, , , , , ~'''''''''' "" ..........-." ~~ "", , , , '.. ""'''', ,. //R/~~"""', '''::', '(,',.,." If" ',:' . "",'" .-, :_..! ~: ....".. , ' UTOP N DRIVE W MONTCLAIR ROAD '" ... ~ '" ~ " " , , ,-- ~:..~ C~.~. [~~~~: [~~~~j 0::." RLM '-' ~ _: rRL ,.......... , . ~ .... , -, , . , , . , , 1.:.,: :__;.~ f--;g" [:.'~J '_.1 '_,__,- - -.. 5 " I' RU ~~ :- ~ 9--;. I _~--', ~' ,- ,---, _~;---J: ~- :___~ ~__:-~ --.._~...... .~ " " " SUN TREE DRIVE ,_. .> '" -, :~ L__ , ----------- 2 ~ , . 'P.--.-:.. --.' WATER 1- -- ~ '" ~ ,I , , , , -- -. : 1--1930 ..-- -, , , , , : ~,.J..A Future Land Use Plan Map Owner: Beckett Lake Lodge, Incorporated Case: LUZ2003-11013 Site: 2155 Montclair Road Property Size(Acres): 5.91 Land Use Zoning PIN: 01/29/15/00000/140/0100 From: RU MDR To: RLM MDR A tlas Page: 253B NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING NOTE: All persons w;sh;m! to address an item need to be present at the BEGINNING of the Commun;tv Development Board meet;nJ!. Those cases that are not contested bv the applicant, staff. ne;J!hbor;nJ! propertv owners, etc. will be vlaced on a consent aJ!enda and approved bv a s;nJ!le vote at the beJ!;nn;nJ! of the meet;nJ!. Schedule of Public Hearings: Tuesday, February 17, 2004 before the Community Development Board, at 2:00 p.m. Thursday, March 18, 2004 before the City Commission (1st Reading), at 6:00 p.m. Thursday, April 1, 2004 before the City Commission (2nd Reading), at 6:00 p.rn. All public hearings on the ordinance will be held in Commission Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater, Florida. (Beckett Lake Lodge, Ltd.) LUZ2003-11013 The City of Clearwater, Florida, proposes to adopt the following ordinance: ORDINANCE NO. 7270-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD, APPROXIMATELY 1,000 FEET WEST OF BELCHER ROAD, CONSISTING OF A PORTION OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD, FROM RESIDENTIAL URBAN TO RESIDENTIAL LOW MEDIUM; PROVIDING AN EFFECTIVE DATE. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Commission, 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. Community Development Code Section 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that slhe is substantially affected. Party status entitles parties to: personally testify, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. The Community Development Board will review the case and make a recommendation to the City Commission for final disposition. 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.rn., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Gina Clayton, Long Range Planning Manager, at 562-4587 to discuss any questions or concerns about the project and/or to better understand the proposal. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk City of Clearwater, P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO P ARTICIP A TE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. WITH THEIR REQUEST AT (727) 562-4093. Ad: 02101/04 & 03/14/04 .. NOTICE OF OPPOSITION Re: City of Clearwater proposed: ORDINANCE NO 7270-04 Rezoning and Land Use Plan Amendment of Beckett Lake Lodge LUZ2003-11013 To: City of Clearwater Planning Department Attention: Marc A. Mariano 100 S. Myrtle Ave. Clearwater FL 33756 (e-mail marc.mariano@myclearwater.com) The purpose of this letter is to advise the City of Clearwater Planning Department, the City of Clearwater Commissioners and the Pinellas County Board of County Commissioners of our OPPOSITION to the proposed rezoning ORDINANCE NO 7270-04 regarding the Beckett Lake Lodge property at 2155 Montclair Road. As residents and owners of nearby or adjacent property we find the proposed ordinance unacceptable and not in accordance with the developers agreement put in place by the Pinellas County Development Services in 1999. If approved, Beckett Lake Lodge has plans to build a second building with approximately 55-60 additional beds on the same propertydevelopedcin2000-2001..The n.ew buil~liI!gwould~9!.e9.uire additional staff and parking allowances which will further encroach on the current very delicate waterfront, preservation and environmentally sensitive property. The original 1995 Pinellas County Development Services developers' agreement allowed for a total of 95 ALF beds on the entire property and a single, 2-story building was to be built on the west portion of the property. All allowable building density (units per acre) were to be transferred to a single concentrated building site to keep the intrusion to the sensitive wetlands, conservation and upland area to a minimum. No further building or development was to be allowed in the future. The current owners of Beckett Lake Lodge purchased the vacant property with this developers' agreement in place. Prior to building Beckett Lake Lodge, the developers' agreement was amended in 1999 with Pinellas County to allow a higher unit to bed conversion factor for an ALF of 3 beds per unit consistent with the factor used by the Pinellas Planning Council. This new factor allowed an increase to 133 beds (from the original 95 bed limit) for this property and the building was permitted to become a 3 story (vs. 2 story) project provided it remained under the 35 foot building height code restriction. Deed restrictions and easements were to also be put in place to keep the land use in accordance with the final developers agreement. Page 1 of2 NOTICE OF OPPOSITION Beckett Lake Lodge has been built in accordance with the final Pinellas County developers' agreement from 1999 and it was also annexed into the City of Clearwater to benefit from the available city services. Now that Beckett Lake Lodge is within the City of Clearwater, they are applying for a change to the RLM (10 units per acre) zoning classification from the current RU (7.5 units per acre) zoning classification. If approved, the total beds permitted would effectively double that of what was originally planned for this property - 190 beds instead of the original 95 beds. This request for addition development of this property is unacceptable to the residents of Beckett Lake Estates for many reasons. The current level of development is viewed by many to be already too invasive and in our opinion was too aggressive as it is. The final developers agreement for this property gave many generous concessions to allow the owners to effectively get everything they asked for in 1999 at the expense of the property becoming over developed and some Beckett Lake Estate property owners permanently damaged fmancially. Some property owners in Beckett Lake Estates have already lost the private use of their back yards and have realized a significant drop in the property values because of the 3- story development immediately behind them. The current development of Beckett Lake Lodge has interfered with these owners being able to enjoy their homes or unable to sell the properties. Beckett Lake Estates is a single-family home community developed at approximately a 3 unit per acre density. The RU (7.5 units per acre) zoning level of Beckett Lake Estates is misleading as it was used for our development because it was the lowest density level used by the City of Clearwater at the time. The fact that our neighborhood has a 3 unit per acre development density and is directly adjacent to current 7.5 units per acre Beckett Lake Lodge development is disturbing enough however a rezoning of the Beckett Lake Lodge property to a 10 unit per acre level is completely unacceptable and could set a precedent for development of other nearby properties. The Beckett Lake Lodge developers' agreement indicates the "special exception" granted to allow the concentrated density to be placed in one building site area only. There was never any discussion or indication that additional future project expansions or additional building would ever be considered on this property. Anything beyond this is not in accordance with the conditions of the detailed developers agreement or land use plan and should therefore be denied. Please review all records of the developers agreements on file with Pinellas County Development Services before any further considerations of the proposed ordinance. Pinellas County has placed significant time and resources into the special comprehensive developers agreement reached in 1999 and this should not be ignored or changed. ;;j' " ~ ~~ Date: 2"'/5'-0 if (Print Name) ~e l ~/ I'" '" /311 r OtJ rv... 6w f ~ ~ Address: ~ I tS7.. M C/'(fw J ~IQC/lJ~, h w c... ,/ I ~~7b1 A Beckett Lake Estates concerned resident and owner. Page 2 of2 , ~ . - 'PAGES C/ · AceT TlF?Jl1 () J!J REe 712~.2(~. fL .OR2H~' _____~ OS __~-- INT ____ FEES ____ MTF __~_ PiC ____ REV ___._ TOTAC/ff~ -CKBAL ..~ CHG AMT ~'DO 00-168888 JUN- 7-2000 S.5E ORDINANCE NO. 6523-00 I P I NELL AS CO 8K 10837 PG '17 ------.----JJU/UIU/IIIUIJIU/Ilml/IIIIIII AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ----~----..--- ANNEXING CERTAIN REAL PROPERTY LOCATED 1,800 FEET WEST OF THE INTERSECTION OF BELCHER ROAD AND MONTCLAIR ROAD, CONSISTING OF NORTH 673 FEET OF EAST 690 FEET OF SOUTHEAST 1/4 OF NORTHEAST 1/4 LESS ROAD ON NORTH, SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2155 MONTCLAIR ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: t ; ( .. .. Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: ... , (' r t1 tl 7 t tT " ... See Exhibit "B" attached hereto. (ANX 00-02-02) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning and Development Services Administrator are directed to include and show the property described herein upon the official maps and records of the City. . " ~ o C > ~ '~ ~o (' t:' tl ;J :- = ;J .. t ; Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with th~ County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING April 20, 2000 PASSED,ON SECOND AND FINAL READING'AND ADOPTED . June 1. 2000 __, :0.0. Attest: f\ - f' Leslie K. Dougall-Sides Assistant City Attorney Cynt 'a E. Goudeau City erk Ordinance No. 6523-00 . . . Exhibit "B" The Northeast one-quarter of the Southeast one-quarter of the Northeast one-quarter of Section 1, Township 29 South, Range 15 East, together with the East 17.41 feet of the Northwest one- quarter of the Southeast one-quarter of the Northeast one-quarter of Section 1, Township 29 South, Range 15 East, Pinellas County, Florida. Ordinance No. 6523-00 ., <J '" u .... .... ~ z ~ i~'~ ':----..:~ ~ ~ ROAD o '" ;g VILLAG E 2 C(I I } ~ : '" .."'01":: "10&' ,i:i r01 - .:KJ6 RAIN'l'Rt,E 70' - 706 ~ .. PROPOSED ANNEXATION AND ZONING CLASSIFICA TION OWNER: Ascot Dev. Corporation, 0 Florida Corporation Case: AnxOO-02-02 2155 Montclair Road PIlOPERTY DESCRIPTION: Clearwater, FI M & 8 14/01 In LAND USE PLAN ZONING SEe: 1 TWP: 29S RANGE: 15E FROM: Residential Urban & Preservaticn RM 7.5 PROPERTY SIZE ACRES: 10.625 TO: Residential Urban & Preservaticn MDR & P Rllht-or-way: No ACRES: ATLAS PAGE:2538 SEC: '1 TWP: 295 RANGE: 15E ....MUNITY DEVELOPMENT BOARD: Mor.;h 21. 2000 CITY COMMISSION: April 20, 2000 An-- 'I (\ . ,vO 0.....11\0 Prepared by: EA- Public Works Administrotion Exhibit "A" Ordinance No. 6523-00 CITY OF CLEARWATER APPLICA TION FOR COMPREHENSIVE P'LAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDfNG, 100 SOUTH MYRTLE A VENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: Beckett lake Lodge, Ltd., a Florida limited partnership APPLICANT NAME: 2155 MJntclair Road, Clearwater, FL 33763 MAILING ADDRESS: PHONENUMBER?27-797-7257 (Bob Boyle) FAX NUMBER: 727-441-4223 PROPERTY OWNERS: Sane as Applicant (List all owners) See Exhibit "A" attached re Disclosure of Interest infonnation. AGENT NAME: ~r A. T ilrson R~li rp Jo son, Pope, Bokor, Ruppel & Burns, P.A. MAILlNGADDRESS:P. O. Box 1368, Clearwater, FL 33757-1368 PHONE NUMBER: 727-461-]818 FAX NUMBER: 727-462-0365 SITE INFORMATION: LOCATION: ,. South side of M:mtclair Road, West of Belcher Road STREET ADDRESS: 2155 Montclair Road, Clearwater LEGAL DESCRIPTION: See Exbibit "B" attached. PARCEL NUMBER: 01/29/15/00000/140/0100 SIZE OF SITE: 5. '915 acres 'm.b .1.. FUTURE LAND USE CLASSIFICATION: PRESENT: RU REQUESTED: RLM ZONING CLASSIFICATION:. PRESENT MDR REQUESTED: MDR PROPOSED TEXT AMENDMENT: (use additional paper if necessary) See Exhibit "c" for additional infonnation. I (We), the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my/(our) . m~~~gfle Lodge, Ltd. By: Bec Inc., General Partner By: Signature of property o. *as. Secre@:l;y of Beckett lake lbber . Boyle, Secretary CR..neral Partner Of.Z~~t....t~I<l=-ak I Lad ' "..,.... ~. . ~ e.. e ge, Ltd. ,,"":r~ r :.... Jayne E. Se.rs .... Lt. .. . Signature of property owner or rept~ .~MYCOMMISSION#. loem-.s ~Iic-:- . -:4'.. ..~$ Selltember 2. 2005 my co~ssion expires "'?;p.f..r.-~., iONHt THIU TROY F41N INMANC!, INt. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this /27h- day of November . A.D., X:9 2003 to me by Robert T. Boyle * . who is personally known ~ " ~iG~tiol'l. Inc. CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING. 100 SOUTH MYRTLE AVENUE. 2nd FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 Beckett Lake lDdge, Ltd., a Florida limited partnership (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 21.55 l-bntclair Road, Clearwater, Florida (Address or General Location) 2. That this property constitutes the property for which a request for a: land use plan a:rrendrrent fram RU to :RIM (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint Roger A. Larson, Esq. , of Johnson, Pope, Bokor, Ruppel & Bums, P.A., P. o. Box 1368, Clearwater,FL 33757-1368 as (hIs1lhe1r) agent(s) to execute any petitions or other documents necessary 10 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 (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Beckett Lake, lDdge, Ltd. ,~t c., General Partner P~pwner Fobert Secre Before me the undersigned. an officer duly commissioned by the laws of the State of Florida, on this I :l rk." day of Noverrber .2003 personally appeared ibbert T. Boyle * who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. STATE OF FLORIDA, COUNTY OF PlNRlAS My Commission Expires: *as Secretary ~ ~.~ Notary Public of Beckett Lake, Inc., General Partner of Beckett Lake, .lDdge, Ltd. s: application forms/development review/Affidavit to Authorize Agent ",~~~ ' Jayne E. Sears t:rV~'ll:~ MYCOMMISSION, D0041066 EXPIRES ~'.A.;;rg September 2, 2005 ~iif.~~ BONDfD lHRU tROY FAIN fNSURANCf, 1Ne. EXHIBIT "A" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Disclosure of Interest Statement Interested Party/Entity: Interest: Beckett Lake Lodge, Ltd., a Florida limited Property Owner partnership Beckett Lake, Inc., a Florida corporation General Partner of Beckett Lake Lodge, Ltd. Michael Connor Corporate Officers of Beckett Lake, Inc. George K. Kidman Michael T. Wagner Bridget M. Blake Robert T. Boyle #304974 v1 EXHIBIT "B" EXHIBIT "C" TO COMPREHENSIVE PLAN AMENDMENT APPLICATION Standards: 1. The proposed amendment furthers implementation of the Comprehensive Plan consistent with the goals, policies and objectives of the Plan. This is a request for a land use plan amendment from "RU" to "RLM". The parcel which is the subject of this request is currently developed as Beckett Lake Lodge, a 130-bed assisted living facility ("ALF"). The applicant is the property owner and the operator of the ALF. Currently, 16 of the ALF beds are "Alzheimers/Memory Support" beds. The applicant is requesting the additional density in order to be able to construct a separate building for an Alzheimers/Memory Support facility, which will further serve the excess demand being experienced by applicant, as well as allow for more affordable pricing for potential residents. 2. The amendment is not inconsistent with other provisions of the Comprehensive Plan. The property is currently zoned "MDR" which is compatible with the proposed land use designation. 3. The available uses to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. The property to the north of the subject parcel is On Top of the World condominiums, which has a land use designation of Residential Medium (15 units per acre). The parcels to the south and west are RU (7.5 units per acre). To the east is the Beckett Lake Nursery. The "RLM" designation, and the use as ALF, is an appropriate transition between the single-family developments to the south and the multi-family to the north. The impact to the single-family development to the west will be minimal due to the fact that the new Alzheimers/Memory Support facility will be constructed along the east property line. The use as an Alzheimers/Memory Support facility will further compliment the accommodations and services being provided to the community by the applicant. Applicant has also commissioned a Market/Feasibility Analysis of the Clearwater Area which shows adequate demand to support additional Alzheimers/Memory Support beds. 4. Sufficient public facilities are available to service the property. Due to the passive nature of the use as an adult living facility, the increase in density by 2.5 units per acre will not create any adverse impact on public facilities, such as schools or transportation facilities. 5. The amendment will not adversely affect the natural environment. The applicant will seek flexible development approval and site plan approval for the proposed expansion of the existing development. Staff will be able to confirm that the project is designed to minimize impacts on the natural environment. 6. The amendment will not adversely impact the use of the property in the immediate area. The amentJment will not affect the current use of the property, nor impact the surrounding area. #30498.0 v1 - BeckettLake/Ex C to LUPA App .~ f ~ i . . I , I j I 1___ I . " .! ., , . . ~ :~ PJ\SES ~ ACCT~-A.CP\ Rr:C V...A.J.. . OJ:'.~'9 'lX)[),00 P!5 _____ Il\!r FEES ----- ~..ITF == PiC__ ':0:,. nt... _____ St.P-I........- Flwida33713 ---GN-A~ '~""""""50 ".... .l ~~ . C~'-B4l Wit.: S?,OlO.SO ,:'::-:G f:MT W!I-- WARRANTY DEED P om (fff.1IHIlEI/B): $1 ,010.~ 1'- DME: t.OO TInS WARRANTY DEED is e and executed this 7J1 ~ofSepteAY~een the parties named as Grantor and as Grantee below: KtI.EEH F. IE U'.ER. D1IlK IF mm PllnlfB 1DJlJY, Fl.lRml 9r.6ln6lW 11-20-2000 09:!ii:12 51 I&Imrr IJ4([ LIIIXl' ~ II: 1(: IBRDIIIi 002 Pm ro: STI1P - W119 JIF nt.... __I....red.., .... ncu. ~ DavidA. s.on. Esq. 29S9 rant Avmuc Nor1h 9'G: 1 3 EFG: '10.50 '/,IXlO.GO I -, " , ) .j " oj J 1 I I I I I GRANTOR: ASCOT DEVELOPMENT CORPORATION. a Florida corporation GRANTEE: BECKBIT LAKE LODGE. LID.. a Florida Wed partnersbip ~g,~~ NOV-20-200Q 10 :01 '..'Ie;,j~iI.iO 1~ GRANTEE ADDRESS: 2901 Rigsby Lane Satay Harbor, FL 34695 WITNESSETH: THAT the undersigned GRANTOR, for and in consideration of the smn ofTEN DOUARs ($10.00) and tor other good aDd wluable comideralion paid by the ~ the receipt and suftic~ ofwJUch arc hereby acknowIedgedbyGRANroR,hasgnmted, ~ soldandconveycd,andbytbfsimtrumentdocsgram, bargain. seD, conveyandconfirm unto GRANTEE. and to the assigns andsuccessom.ininterest ofGRANTJm. all that certain real property described 1lelow: LEGAL DESCRIPTION: The Nortleut V" or the Southeast 1/4 of the Northeast V" of SedfOll J. Towll8fp 29 SouUa,Raage 15 Eat, PiadlasCoua'Y, florfd.; togetftrwrit. tile East 17.41 feet orahe NortlwfSt V4 oCtio Southeast V4 ofCJae Northeast V4 01 Scetioa I, Ton..ip 29 So.t'. Kaap 15 lISt, Piaelfa Co.aay, Florida. LESS road right ofway. TAX PARCEL ID: 01l.Z9I151OOOOOJ140/01OO . SUBJECT TO: I. Taxes for the year 2000 and all subsequent)'e8r8 2. Co~n ~ Agreement reco1ded in O.R. Book 9313. Page 39B. 3. Dewlopment Asreemcnt by and belwl:en Helen L. Browo, Judith Dennis, Glenda Walden and Patricia Wilkinson, as TeJ:I8DIJ in CoDm)D (the Owners) and PbJellas County. a polidcal subdivWon of the SlaIe of Florida and Pannon Enterprises, Ltd. (Developer) recorded .in O.R. Book 9282, Page 254. TOGE11IER wrm aU tenements, hereditaments and appU1'tenallces, and with every privilege, right, title interest and estate themo belonging or in anyw&e appcltainfng, TO HA VEANDTO HOLD. infeesimpJe. absolute and forever. f ._.. ... ..:....: :. J .....- ." .......~:;~... -",.':"., , ;.' "':.. .\t. :...~ . ., ,. I... r -=--_. _. t. _.* ~. I .. . " 'I . ~ 'to.. .. . .. .'f. P JNELLfIS COUNTV FLFI OF'F .REC .SI< J lies PO he AND GRANTORdoescoYeDaDtwWDUlDt tlJatGRANTORisJawfWlyseizedofthesubjc:ct premises. free 1iom aD cJatms, Jicus or CIICI1IDb~ except those lJcrein.above stated. with good and Jawfi.d right, power aDd authority to hereby convey the same to GRANTEE; and GRANTOR 1Urther hereby WIIIT8Dts the title to the land above described. aDd will dcfi:nd the same against the lawful claitm orall persons whomsoever. IN WITNESS WHEREOF. the GRANfORhos caused this WARRANTY DElIDto lleduIyexecuted upon the date first above written. Witnesses: ASCOT DEVELOPMENT CORPORATION. a Florida corporation By: /AIL JOIpf"D. WILSON. itsPJesideDt :J I Ed~ 1'IiIIGdu.. ~. EJ>H'~~.nS ~~ 1'IncdNae: C.FtD'/:(;r.. 1'Ir'J/'r~ t'1bJen S I . J STAm OF COUNTY OF ~Gt.-% ~\J.,l.~ BEFORE ME pcrsoaaIIy appeared JOlIN D. WILSON to me -n Imown or who bas pnJduced his driven liceasc: IS ldattitbtillllo and Iatown to be the indiYidual described in IIId . executed the foregoioa iDstrumcnt a Presicfcnt of ASCOr DBVELOPMENTCORPORATION.. Floricfa corponIicJu. sewraJJyadmowledpcltoand Idxe ..dlat hcaecucedsuchWtrument as an ofticerofsaid c:orpomtioa. 8Ddthat the sealaflixed 10 the foregoing instrumcnr is the corpGrItCseallIId dill it wuat1ixed by due llI1d rcguJar CillIpC!IaIO authority IIld that said instrument is the tee act and deed of said corporatioo. _~-.d___~~_.- Yfl Myc-r.n..-..,. L.; (.l t ~..J"l ..if "- c.. ~ ~ &~ ",1- ~~ NOfARYPUBLIC ..... . '. .... .. ~.~. ..'. .. ,~. ... . .. ":','-":.~' ...........~...~~Y:..,:;1.~:. ....:~..c. ~. ... ...... :~...:.:... : ~ ,. -. Jayne E. Sears From: Sent: To: Subject: Jayne E. Sears Tuesday, December 02, 2003 11 :49 AM 'Mariano, Marc' FW: Scanned document <1 page -64 KB> -- 12/2/2003 11 :05:29 AM ri'~ @J Beckett Lake.pdf (68 KB) 'm trying to send again. Please let me know if you receive. I'll have the surveys dropped off this afternoon. Marc, here is the legal description of the uplands for Beckett Lake. We have a discrepancy with the surveyor in that the current survey describes 5.915 acres of upland (attached legal) and the prior survey indicated 6.2 acres. We are working with the surveyor to try to resolve this but we would like to go ahead and submit this legal in order to keep things moving. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, FL 33756 (727) 461-1818 -----Original Message----- From: Jayne E. Sears Sent: Tuesday, December 02, 2003 11:07 AM To: Jayne E. Sears Subject: Scanned document <1 page -64 KB> -- 12/2/2003 11:05:29 AM 1 DESCRIPTION: (UPLAND PARCEL) A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, TOGETHER WITH THE EAST 17.41 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA. BE/NG MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCE COMMENCE A T THE NORTHEAST CORNER OF THE NE. 1/4 OF THE SE. 1/4 OF THE NE. .1/4, THENCE RUN S.00'35 '54 nE., A DISTANCE OF 373.23 FEET TO THE JURISDICTIONAL LINE FOR A POINT OF BEGINNING; THENCE N.69'41'14'W., A DISTANCE OF 46.72 FEET; THENCE N.52'44'50"W., A DISTANCE OF 84.22 FEET; THENC( N. 05'46 '43 "E., A DISTANCE OF 19.22 FEET; THENCE N.42'21'47'W., A DISTANCE OF 28.58 FEET,' THENCE N.50'46'29"W., A DISTANCE 26.67 FEET,' THENCE N. 48' 14'58'W, A DISTANCE OF 52.16 FEET; THENCE N.47'12'47"W., A DISTANCE OF 55.17 FEET; THENCE N.54'25'45''W., A DISTANCE OF 49.95 FEET,' THENCE S.42'42'19nW., A DISTANCE OF 53.38 FEET,' THENCE N.82'12'32''W., A DISTANCE OF 33.66 FEET,' THENCE S.42'28'26"W., A DISTANCE OF 41.36 FEET.' THENCE S.32'36'11 "w., A DISTANCE or 42.18 FEET; THENCE S.33'40'08''W., A DISTANCE OF 38.05 FEET; THENCE S.5T02'17"W., A DISTANCE OF 42.52 FEET,' THENCE S.66'40'51 nw., A DISTANCE OF 32.67 FEET,' THENCE S.44'48'18''W., A DISTANCE OF 23.05 FEET,' THENCE S.25'55'38'W., A DISTANCE OF 59.82 FEET.' THENCE 5.04'35'13''[., A DISTANCE OF 51.76 FEET; THENCE 5.19'58'07''[., A DISTANCE OF 59.55 FEET,' THENCE S.23'53'59''[., A DISTANCE OF 41.42 FEET,' THENCE S. 00'57'45 "W., A DISTANCE OF 41.16 FEET,' THENCE 5. 04' 10'39 "w., A DISTANCE OF 44.20 FEET,' THENCE S.01'44'51 ''[., A DISTANCE OF 49.06 FEET TO THE SOUTH BOUNDARY OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION " THENCE N.89'21 '41 "w., A DISTANCE OF 207.87 FEET TO THE EAST LINE OF BECKETT LAKE ESTATES AS RECORDED IN PLA T BOOK 65, PAGE 95, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N. 00'32'59 "w., ALONG SAID EAST LINE OF BECKETT LAKE ESTATES, A DISTANCE OF 670.97 FEET TO THE SOUTH RIGHT OF WA Y LINE OF MONTCLAIR ROAD; THENCE 5.89'35'32''[., ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 688. 11 FEET TO THE POINT OF BEGINNING. CONTAINING 5. 915 ACRES MORE OR LESS ~ t \. SURVEYOR's CERnFICATE I HEREBY CERnF'r THAT THIS SKETCH AND LEGAL OESCRIPnON IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF; AND FURTHER CERnFY THAT THEY MEET THE MINIMUM TECHNICAL STANI:W?DS SET FORTH BY THE FL ORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CH4PTER- 61 C 17 FLORIDA ADMINISTRATIVE C E PURSUANT To CnON .472.027 I-7.0RlOA ST,4 TUTES. _ .,' /'2!/f~3 ON TOP OF THE WORLD INC 3700 SW 99TH ST RD OCALA FL 34481 - 4547 BECKETT LAKE LODGE 2901 RIGSBY LN SAFETY HARBOR FL 34695 - 4828 i_LeL ).DO 3>- t ( 0 I-S GASH, DEAN 1981 LANSING DR CLEARWATERFL33763 -4425 SFOUGARISTOS, IRENE 2111 BECKETT LAKE DR CLEARWATER FL 33763 - 4411 NOV AK, FRANCES R 2117 BECKETT LAKE DR CLEARWATER FL 33763 - 4411 GLEBOFF, MARIE L 2123 BECKETT LAKE DR CLEARWATER FL 33763 - 4411 BRACKENHAMER, DAVID A BALLIN, ANDRZEJ MARKS, BERNARD G BRACKENHAMER, LISA BALLIN, VICKIE C MARKS, CYNTHIA 1968 BECKETT LAKE DR 2130 SUN TREE DR 2124 SUN TREE DR CLEARWATERFL 33763 - 4409 CLEARW ATER FL 33763 - 4447 CLEARWATER FL 33763 - 4447 GANDOFF, CONNIE E KROHA, THOMAS C JR JOHNSON, RONALD R GANDOFF, VICTOR KROHA, CYNTHIA K JOHNSON, HOLLY A 2118 SUN TREE DR 1963 LANSING DR 1969 LANSING DR CLEARWATER FL 33763 - 4447 CLEARWATER FL 33763 - 4425 CLEARWATER FL 33763 - 4425 SMITH, BARBARA J KARASZI, SANDOR FELT, BARTLEY R 1975 LANSING DR V ADICSKO, JUDIT FELT, EMELINDA C CLEARWATER FL 33763 - 4425 2104 BECKETT LAKE DR 2110 BECKETT LAKE DR CLEARWATER FL 33763 - 4410 CLEARWATER FL 33763 - 4410 SCRIVNER, WILLIAM D CHAPPELL, BRIAN K SZOT, SHIREEN SCRIVNER, SUSAN M CHAPPELL, DOROTHY A 2128 BECKETT LAKE DR 2116 BECKETT LAKE DR 2122 BECKETT LAKE DR CLEARWATERFL 33763 - 4410 CLEARWATERFL 33763- CLEARWATER FL 33763 - 4410 HILL YER, JEFFERY J FOLK, ROBERT L MASTORIDES, ERNEST 1985 BECKETT LAKE DR FOLK, ELIZABETH W MASTORIDES, FRANCES CLEARWATERFL33763 - 1979 BECKETT LAKE DR 1973 BECKETT LAKE DR CLEARWATER FL 33763 - 4408 CLEARWATER FL 33763 - 4408 RICKER, AMY H STEPHENSON, RONALD L SCRIVNER, CHARLES P 1967 BECKETT LAKE DR STEPHENSON, JEANNETTE C SCRIVNER, JULIE A CLEARWATER FL 33763 - 4408 1961 BECKETT LAKE DR 1955 BECKETT LAKE DR CLEARWATERFL 33763 - 4408 CLEARWATER FL 33763 - 4408 LEVINE, IRVING L TRE ROJAS, HILARIO C LULEK, THOMAS T 1949 BECKETT LAKE DR PO BOX 14105 LULEK, ANGELINE CLEARWATER FL 33763 - 4408 CLEARWATER FL 33766 - 4105 2134 HARTFORD WAY CLEARWATER FL 33763 - 4416 CHIN, YVONNEM LYNCH, PATRICK J GURIAN, JOEL A PO BOX 7527 LYNCH, PATRICIA A GURIAN, BARBARA A CLEARW ATER FL 33758 - 7527 2146 HARTFORD WAY 2152 HARTFORD WAY CLEARWATER FL 33763 - 4416 CLEARWATER FL 33763 - 4416 SCHMIDT, MICHAEL R REYNOLDS, JOHN R CARPENTER, DAVID M SCHMIDT, LORI F REYNOLDS, JEANNE W CARPENTER, LYNN 2158 HARTFORD WAY 2164 HARTFORD WAY 2170 HARTFORD WAY CLEARWATER FL 33763 - 4416 CLEARWATER FL 33763 - 4416 CLEARWATER FL 33763 - 4416 SCHLIERER, PAUL F LANE, BERNICE H DASKALOPOULOS, MICHAEL SCHLIERER, KATHY K 2182 HARTFORD WAY DASKALOPOULOS, J L 2176 HARTFORD WAY CLEARWATERFL 33763 - 4416 2188 HARTFORD WAY CLEARWATER FL 33763 - 4416 CLEARWATER FL 33763 - 4416 BRADSHAW, CHRISTOPHER J DOWNES, EDWARD D HONDRAS, LULA BRADSHAW, BONNIE DOWNES, NANCY J 2181 HARTFORD WAY 2194 HARTFORD WAY 2187 HARTFORD WAY CLEARWATER FL 33763 - 4400 CLEARWATER FL 33763 - 4416 CLEARWATERFL 33763 - 4400 MORRISON, JOSEPH D BORLAND, WILLIAM D WARD, THOMAS P MORRISON, GA YE L 2165 HARTFORD WAY WARD, MARGUERITE A 2175 HARTFORD WAY CLEARWATER FL 33763 - 4400 2147 HARTFORD WAY CLEARWATER FL 33763 - 4400 CLEARWATERFL 33763 - 4400 GOVE, BRIAN R CENTNER-CONLON, CAROLINE CHILL, DONALD A GOVE, ANN M 1931 BECKETT LAKE DR CHILL, ROSEMARY H 2141 HARTFORD WAY CLEARWATER FL 33763 - 4407 1925 BECKETT LAKE DR CLEARWATERFL 33763- CLEARWATERFL 33763 - 4407 BAKER, ROBERT L MADISON, SCOTT M MIELE, ANTONIETT A BAKER, DORIS M MADISON, TIFFANY 1907 BECKETT LAKE DR 1919 BECKETT LAKE DR 1913 BECKETT LAKE DR CLEARWATER FL 33763 - 4407 CLEARW ATER FL 33763 - 4407 CLEARWATERFL 33763 - 4407 BOLJESIC, DUNJA LINTON, PETER J EVANS,MARYD 2107 SUN TREE DR 2113 SUN TREE DR 2119 SUN TREE DR CLEARWATER FL 33763 - 4448 CLEARWATER FL 33763 - 4448 CLEARWATER FL 33763 - 4448 KORDANA, ALEXANDER A KORDANA, LINDA S 2125 SUN TREE DR CLEARWATER FL 33763 - 4448 REEDY, STANLEY J REEDY,LYNNP 1932 BECKETT LAKE DR CLEARWATER FL 33763 - 4406 BOSTICK, DAVID W BOSTICK, SADRA M 1918 BECKETT LAKE DR CLEARW ATER FL 33763 - 4406 NORBERG, JAMES M NORBERG, RENEE W 2131 SUN TREE DR CLEARWATER FL 33763 - 4448 FISHER, PATRICIA A 1930 BECKETT LAKE DR CLEARWATER FL 33763 - 4406 SOUZA, RICHARD 1912 BECKETT LAKE DR CLEARWATER FL 33763 - 4406 LOBO, WALTERG TRE LOBO, VERONICA M TRE 11 AZALEA RD SHARON MA 02067 - BARTO, TIMOTHY J 1924 BECKETT LAKE DR CLEARWATER FL 33763 - 4406 KROLL, ALFONS R KROLL, FRANCES A 2022 CAMELOT DR # 1 CLEARWATER FL 33763 - 4246 WILEY, ELEANOR S 2021 SHANGRILA DR # 2 CLEARWATER FL 33763 - 4253 EBERT, LAURETTA B 2022 CAMELOT DR # 5 CLEARWATER FL 33763 - 4246 MUSTO, FRANCIS F TRE MUSTO, MAUREEN TRE 2022 CAMELOT DR # 3 CLEARWATER FL 33763 - 4246 VETTER, HELEN J 2021 SHANGRILA DR # 6 CLEARWATERFL 33763 - 4253 JACKSON, ANTHONY J JACKSON, FANNIE F 2021 SHANGRILA DR # 4 CLEARWATER FL 33763 - 4253 RICH, FRANCES TRE 2022 CAMELOT DR # 7 CLEARWATER FL 33763 - 4246 KENNEL, WAYNE K BELL, FRANK A JR TAYLOR, DEREK K KENNEL, DOROTHY M BELL, MARION A TAYLOR, SHIRLEY J 5 S 681 HEATHER CT 2022 CAMELOT DR # 9 3 HILLCREST W NAPERVILLE IL 60540- CLEARWATER FL 33763 - 4246 PORTLAND ME 04103- HARRIS, GRACE C MILLER, PAUL E BECKER, CLEON A 2022 CAMELOT DR # 11 MILLER, CHARLOTTE BECKER, ELIZABETH J CLEARWATER FL 33763 - 4268 2022 CAMELOT DR # llA 2021 SHANGRILADR# 12 CLEARWATERFL33763 -4267 CLEARWATER FL 33763 - 4254 DE MARCO, DELIA JEST NIELSEN, VIOLA C GEORGE, JOHN L C/O HARRIS, MARGARET C PR 2022 CAMELOT DR # 15 2021 SHANGRILADR# 16 4735 WEST VILLA LINDA DR CLEARWATERFL 33763 - 4247 CLEARWATERFL 33763 - 4254 GLENDALE AZ 85310 - HODGSON, JOYCE N COFRANCESCO, BEATRICE HOVELMAN, FRANK 2022 CAMELOT DR # 17 2021 SHANGRILADR# 18 HOVELMAN, THELMA CLEARWATER FL 33763 - 4247 CLEARWATER FL 33763 - 4254 2022 CAMELOT DR # 19 CLEARWATER FL 33763 - 4247 MOCCIO, LOUISE TRE HOLLEY, RENE H LAITE, CONSTANCE M 2021 SHANGRILA DR # 20 2022 CAMELOT DR # 21 2021 SHANGRILA DR # 22 CLEARWATERFL33763 - CLEARWATER FL 33763 - 4248 CLEARWATER FL 33763 - BOSETTI, LARRY G BOSETTI, ELLEN N 5605 BROADMOOR ST ALEXANDRIA VA22315 -4114 KLIMA, JUDITH D TRE 2021 SHANGRILA DR # 26 CLEARWATER FL 33763 - 4255 WALDREP, ROSA L 2022 CAMELOT DR # 29 CLEARWATER FL 33763 - 4248 FERGUSON, RAMONA 2021 SHANGRILA DR # 24 CLEARWATER FL 33763 - 4255 HANDLEY, CAROL J 2022 CAMELOT DR # 27 CLEARWATER FL 33763 - 4248 DAVIS, JOYCE F TRE TRUST DATED 12/23/97 2021 SHANGRILA DR # 30 CLEARWATER FL 33763 - 4255 WELLS, DANIEL E WELLS, MAUREEN W 2022 CAMELOT DR # 25 CLEARWATER FL 33763 - MC KINNEY, WILLIAM M MC KINNEY, MARIE 2021 SHANGRILA DR # 28 CLEARWATER FL 33763 - 4255 BRAMANTE, PIETRO 0 BRAMANTE, AURORA V 2022 CAMELOT DR # 31 CLEARWATER FL 33763 - 4248 DOWLING, JAMES C BRAMANTE, PIETRO 0 BROUGHTON, ALICE B 2021 SHANGRILA DR # 32 BRAMANTE, AURORA V 2021 SHANGRILA DR # 34 CLEARWATER FL 33763 - 4255 2022 CAMELOT DR # 33 CLEARWATER FL 33763 - 4256 CLEARWATERFL 33763 - 4249 JOHNSON, FRANK A LOVEJOY, JANE M CORMIER, RAYMOND J JOHNSON, JORGELINA 2021 SHANGRILA DR # 36 CORMIER, PAULINE B 2022 CAMELOT DR # 35 CLEARWATER FL 33763 - 4256 2022 CAMELOT DR # 37 CLEARWATER FL 33763 - 4249 CLEARWATER FL 33763 - 4249 KIRK, CHARLES T JR WRIGHT, WILLAIM W HORN, WANDA M KIRK, ALICE E WRIGHT, HELEN L 2021 SHANGRILA DR # 40 13 BEVERLY RD 2022 CAMELOT DR # 39 CLEARWATER FL 33763 - 4256 ACTON MA 01720 - 3643 CLEARWATER FL 33763 - 4249 MC AULIFFE, ROBERT E WHITE, STEPHEN A CAPPILLINO, RONALD J MC AULIFFE, CLAIRE WHITE, KAREN A CAPPILLINO, SALLY S 2022 CAMELOT DR # 41 2021 SHANGRILA DR # 42 2022 CAMELOT DR # 43 CLEARWATER FL 33763 - 4249 CLEARWATER FL 33763 - 4256 CLEARWATER FL 33763 - 4250 THOMAS, VELMA J MENDRINOS, GEORGE TRE HEINS EN, ROBERT B 2021 SHANGRILA DR # 44 MENDRINOS, ESTHER TRE HEINS EN, FRANCES C CLEARWATER FL 33763 - 4257 2022 CAMELOT DR # 45 2021 SHANGRILA DR # 46 CLEARWATER FL 33763 - 4250 CLEARWATER FL 33763 - 4257 BRYAN, JAMES M SMOAK, HENRY E JR GRIFFIN, JUDITH M 2022 CAMELOT DR # 47 SMOAK, ALMA G 2022 CAMELOT DR # 7 CLEARWATER FL 33763 - 4250 2021 SHANGRILA DR # #48 CLEARWATER FL 33763 - 4246 CLEARWATER FL 33763 - 4257 COPPOLA, RUTH KRAUS, MICHAEL SORSBY, MARJORIE E 2021 SHANGRILA DR # 50 KRAUS, ANIELA B 2021 SHANGRILA DR # 52 CLEARWATER FL 33763 - 4257 2022 CAMELOT DR # 51 CLEARWATER FL 33763 - 4257 CLEARWATER FL 33763 - 4250 CECCARELLI, ALDO VICTOR, JUYNE LINTHICUM, RICHARD W CECCARELLI, IDA 2021 SHANGRILA DR # 54 LINTHICUM, EL V A R 2022 CAMELOT DR # 53 CLEARWATER FL 33763 - 4258 2022 CAMELOT DR # 55 CLEARWATER FL 33763 - 4251 CLEARWATER FL 33763 - 4251 CORDELL, KATHERINE L OKTA VEC, FRANK J ZENKERT, JANET G TRE 2021 SHANGRILA DR # 56 2022 CAMELOT DR # 57 2021 SHANGRILA DR # 58 CLEARWATERFL 33763 - 4258 CLEARWATER FL 33763 - 4251 CLEARWATER FL 33763 - 4258 SLAZINSKI, LEONARD J TRE SLAZINSKI, ALICE TRE 2022 CAMELOT DR # 59 CLEARWATER FL 33763 - 4251 MORGAN,MARGARETB 2021 SHANGRILA DR # 60 CLEARWATERFL 33763 - 4258 SMITH, JEWEL 2020 SHANGRILA DR # 101 CLEARW ATER FL 33763 - 4270 GAILEY, LILLIAN TRE MC GRA W, JAMES L FREES, LOIS M ROSBURY, RUSSELL W TRUST MC GRA W, EDITH G 2019 UTOPIAN DR # 104 2019 UTOPIAN DR # 102 2020 SHANGRILA DR # 103 CLEARWATER FL 33763 - 4275 CLEARWATER FL 33763 - 4275 CLEARWATERFL 33763 - 4270 BAKER, HENRY A SNYDER, MARGARET A STILWELL, MARCUS BAKER, MARY D 2019 UTOPIAN DR # 106 STILWELL, SHIRLEY G 2020 SHANGRILA DR # 105 CLEARWATER FL 33763 - 4275 2020 SHANGRILA DR # 107 CLEARWATER FL 33763 - 4270 CLEARWATER FL 33763 - 4270 LAWRENCE, CLIFFORD M JR DIXON, CARMEN QUELCH, WILLIAM H JR LAWRENCE, NANCY B 2020 SHANGRILA DR # 109 QUELCH, KATSUKO 0 2019 UTOPIAN DR # 108 CLEARWATER FL 33763 - 4270 2019 UTOPIAN DR # 110 CLEARWATERFL 33763- CLEARWATER FL 33763 - 4275 WALKER, HIRAM S MOORE, ALEX W BUSHMAN, GARY L TRE WALKER, JANET M 2019 UTOPIAN DR # 112 BUSHMAN, DONNA M TRE 2020 SHANGRILA DR # 111 CLEARWATERFL 33763 - 4275 2019 UTOPIAN DR W# 114 CLEARWATER FL 33763 - 4270 CLEARWATER FL 33763 - 4277 P AKES, VIRGINIA M GALLAGHER, BRIDGET M TRE DAWSON, FRANK D 2020 SHANGRILA DR # 115 2019 UTOPIAN DR W # 116 DAWSON, NA TSUE CLEARWATER FL 33763 - 4270 CLEARWATERFL 33763 - 4277 2020 SHANGRILA DR # 117 CLEARWATER FL 33763 - 4271 ROBINSON, STANLEY E CLARK, GERALD A STRATES, AGATHA ROBINSON, MARY M CLARK, HELEN G 2020 SHANGRILA DR # 201 6503 SUMMER COVE DR 2020 SHANGRILA DR # 119 CLEARWATER FL 33763 - 4271 RIVERVIEW FL 33569- CLEARWATER FL 33763 - 4271 WATTERS, VERN LITTLE, DONALD C JR COOKE, JANE C TRE WATTERS, TERRYM LITTLE, DEVERLE T 2019 UTOPIAN DR # 204 44693 237TH LN 2020 SHANGRILA DR # 203 CLEARWATER FL 33763 - 4277 AITKIN MN 56431 - CLEARW ATER FL 33763 - 4271 MC INTOSH, JEAN BALADY, FRED F JAMES, MELVIN R 2020 SHANGRILA DR # 205 BALADY, MAGGIE JAMES, ESTHER J CLEARWATER FL 33763 - 4271 2019 UTOPIAN DR # 206 2020 SHANGRILLA DR # 207 CLEARWATER FL 33763 - 4277 CLEARWATERFL33763 - BRAUER, PETER V CLARK, MARGUERITE C HEFTER, HARRY HADSON, DOLORES E 2020 SHANGRILA DR # 209 HEFTER, PAULINE M 2019 UTOPIAN DR W # 208 CLEARWATER FL 33763 - 4271 2019 UTOPIAN DR # 210 CLEARWATER FL 33763 - CLEARWATERFL 33763 - 4278 ZANGENEHPOUR, SAIED SCHULTZ, DOLORES C CICHANSKI, LEO P ZANGENEHPOUR, KATHERINE L 2019 UTOPIAN DR # 212 CICHANSKI, FRANCES E 663 W SA WGRASS TRL CLEARWATER FL 33763 - 4278 2019 UTOPIAN DR # 214 DAKOTA DUNES SD 57049- CLEARWATER FL 33763 - 4278 MOGE, WILLIAM J BORNHOFEN, WILLIAM J CAMPBELL, WILLIAM G MOGE, OLIVE H PAYNE, DOLORES L CAMPBELL, HELEN G 2986 SPRINGW A TER CT 2019 UTOPIAN DR # 216 2020 SHANGRILA DR # 217 TOMS RIVER NJ 08755 - CLEARWATERFL 33763 - 4278 CLEARWATERFL 33763 - 4272 MORTORO, RITA RASBERRY, RUTH M SLOANE, RICHARD T 2019 UTOPIAN DR W # 218 2020 SHANGRILA DR # 219 SLOANE, JOAN A CLEARWATER FL 33763 - CLEARWATER FL 33763 - 2020 SHANGRILA DR # 301 CLEARWATER FL 33763 - 4272 RIDGEWAY, LARRY D HEIDT, WILLIAM J BARRECK, ROGER RIDGEWAY, ELEONORA L HEIDT, MARGARET E BARRECK, ROSE M 2019 UTOPIAN DR # 302 2020 SHANGRILA DR # 303 2019 UTOPIAN DR # 304 CLEARWATER FL 33763 - 4278 CLEARWATER FL 33763 - 4272 CLEARWATER FL 33763 - 4278 KEITH, DONALD E RODEN, FLORENCE JOHNSON, DIANE M KEITH, DIANE 2019 UTOPIAN DR # 306 2020 SHANGRILA DR # 307 2020 SHANGRILA DR # 305 CLEARWATER FL 33763 - 4276 CLEARWATER FL 33763 - 4273 CLEARWATER FL 33763 - 4272 LOPEZ, STEPHEN C COAD, ALVIN C PLACZEK, RICHARD S LOPEZ, ELLEN C COAD, MARY A PLACZEK, MARILYN A 2019 UTOPIAN DR W # 308 2020 SHANGRILA DR # 309 2019 UTOPIAN DR W#310 CLEARWATERFL33763 - CLEARWATER FL 33763 - 4273 CLEARWATER FL 33763 - 4276 DU MONT, ELIZABETH L MARTIN, WINSTON L TRE HIPKINS, VERNON H 2029RT9N 2019 UTOPIAN DR # 312 HIPKINS, FRANCES M GREENSFIELD NY 12863 - CLEARWATERFL 33763 - 4276 2019 UTOPIAN DR # 314 CLEARWATERFL 33763 - 4276 CURRENT OWNER PIPPEN, RANDY WHITMORE, HAROLD F 2020 SHANGRILA DR # 315 PIPPEN, SUSAN A WHITMORE, MURIEL J CLEARWATER FL 33763- 5616 SNOWDROP LANE 2020 SHANGRILA DR # 317 LISLE IL 60532 - 2757 CLEARWATER FL 33763 - 4273 HUDSON, JACQUELYN K CALLAGHAN, ANN SUNSET POINT CONDO ASSN TRUST 2020 SHANGRILA DR # 319 PO BOX 3695 2019 UTOPIAN DR # 318 CLEARWATER FL 33763 - 4279 SEMINOLE FL 33775 - 3695 CLEARWATER FL 33763 - 4276 RUGG, RACHAEL A WEAVER, RYAN S SKWIR, ROBERT MULLENS, JAKE WEAVER, MARTHA S SKWIR, BERNICE 1920 PEPPERMILL DR 1918 PEPPERMILL DR 5940 SEABREEZE DR CLEARWATER FL 33763 - 4427 CLEARWATER FL 33763 - 4427 PORT RICHEY FL 34668 - 3542 FORD, STEPHEN L CLIFFORD, EUGENE L STARRATT, DAVID G 1914 PEPPERMILL DR CLIFFORD, WILHELMINA C STARRATT, JOYCE M CLEARWATER FL 33763 - 4427 POBOX 8232 1910 PEPPERMILL DR CLEARWATER FL 33758 - 8232 CLEARWATER FL 33763 - 4427 DESMOND, PATRICIA A WILSON, ALICE D RUGGIERO, AUDREY 1940 PEPPERMILL DR RICKETSON, SUSAN A 1936 PEPPERMILL DR CLEARWATER FL 33763 - 4427 1938 PEPPERMILL DR CLEARWATER FL 33763 - 4427 CLEARWATERFL 33763 - 4427 JACOBSEN, WAYNE A AQUILONE, MARGARET MARGOLIS, PATRICIA L JACOBSEN, MARY J 1932 PEPPERMILL DR MARGOLIS, RONALD A 1934 PEPPERMILL DR CLEARWATERFL 33763 - 4427 1930 PEPPERMILL DR CLEARWATERFL33763 - CLEARWATER FL 33763 - 4427 CENTILLI, JERRIE E HALPIN, DONALD A P AANANEN, MURIEL M TRE 1962 PEPPERMILL DR HALPIN, CARYL 2755 CURLEW RD # 151 CLEARWATER FL 33763 - 4450 1960 PEPPERMILL DR PALM HARBOR FL 34684 - 4828 CLEARWATER FL 33763 - 4450 SHI, WEIFENG BULLAUDY, PEDRO A GARGIULO, JOSEPH J SR 1956 PEPPERMILL DR BULLAUDY, SYLVIA 1952 PEPPERMILL DR CLEARWATERFL 33763- 1954 PEPPERMILL DR CLEARWATER FL 33763 - 4427 CLEARWATER FL 33763 - 4427 LITTLE, GARY L LEWIS, SHERI A RENTZ, JAMES LITTLE, CAROL J 1931 PEPPERMILL DR RENTZ, CAROL 1950 PEPPERMILL DR CLEARWATER FL 33763 - 4428 1933 PEPPERMILL DR CLEARWATERFL 33763 - 4427 CLEARWATER FL 33763 - 4428 HA WTHORNE, TOSHA SCRIVNER, CHARLES R ACOSTA, GLORIA S 1935 PEPPERMILL DR SCRIVNER, SARAH D 1939 PEPPERMILL DR CLEARWATER FL 33763 - 4428 1937 PEPPERMILL DR CLEARWATER FL 33763 - 4428 CLEARWATER FL 33763 - 4428 PAVLOCK, BEVERLY A KARG, BARBARA J BERTONI, GINO PO BOX 3054 1913 PEPPERMILL DR 1915 PEPPERMILL DR KAILUA KONA HI 96745 - 3054 CLEARWATER FL 33763 - 4428 CLEARWATER FL 33763 - 4428 SKWIR, ROBERT SKWIR, BERNICE 5940 SEABREEZE DR PORT RICHEY FL 34668 - 3542 BECOTTE, MAUREEN A 1923 PEPPERMILL DR CLEARWATER FL 33763 - 4428 WEBB, RUTH D TRE 2200 MONTCLAIR RD CLEARWATER FL 33763 - 4324 ALBERTI, ROSE M 1919 PEPPERMILL DR CLEARWATER FL 33763 - 4428 VILLAS LK ARBOR COMMUNITY ASSN INC C/O FLORIDA CENTRAL MGMT 28163 US HIGHWAY 19 N CLEARWATER FL 33761 - 2697 WEBB NURSERY INC 2251 MONTCLAIRRD CLEARWATER FL 33763 - 4325 CARTER, HERMAN T TRE 13067 LOIS AVE SEMINOLE FL 33776 - 1810 VILLAS LK ARBOR COMMUNITY ASSN INC C/O FLORIDA CENTRAL MGMT 28163 US HIGHWAY 19 N CLEARWATER FL 33761 - 2697 ANGILERI, JACK S ANGILERI, mANIT A 2231 UTOPIANDRE# 101 CLEARWATER FL 33763 - 4239 COLE, DOROTHY M O'NEIL, DORIS E SCHAEFFER, ROBERT I 7350 CREEKVIEW 2231 UTOPIAN DR E # 105 SCHAEFFER, JANET H W BLOOMFIELD MI 48322 - 3514 CLEARW ATER FL 33763 - 4239 2231 UTOPIAN DR E # 107 CLEARWATER FL 33763 - 4239 KOBASA, ANTONIA ROBINSON, RONALD E STEPHENS, WILLIAM E 2231 UTOPIAN DR E # 109 ROBINSON, SUSAN M STEPHENS, ROSALIE A CLEARWATER FL 33763 - 4240 2231 UTOPIAN DR E # 111 2460 FRANCISCAN DR # 46 CLEARWATER FL 33763 - 4240 CLEARWATER FL 33763 - ARGALL, RICK CLYATT, RUTH S SCHUBERT, GEORGE HALTER, JACKIE H COMPTON, BARBARA SCHUBERT, MARILYN G 2231 UTOPIAN DR E # 117 2231 UTOPIAN DR E # 119 2231 UTOPIAN DR E # 121 CLEARWATER FL 33763 - 4240 CLEARWATER FL 33763 - 4240 CLEARWATER FL 33763 - 4240 HALL, RICHARD E ORGERA, JOSEPH CANCELINO, JOSEPH HALL, LOIS J 2231 UTOPIAN DR E # 203 2231 UTOPIAN DR E # 205 11801 SNOW PATCH WAY CLEARWATER FL 33763 - 4241 CLEARW ATER FL 33763 - 4241 COLUMBIA MD 21044 - LA COMBE, GEORGE J POWELL, JOSEPHINA G HIRONS, DONALD E LA COMBE, MARILYN R 2231 UTOPIAN DR E # 209 HIRONS, DIANA M 2231 UTOPIAN DR E # 207 CLEARWATERFL 33763- 2231 UTOPIAN DR E # 211 CLEARWATER FL 33763 - 4241 CLEARWATERFL 33763 - 4242 MAZA, FREDERICK D FONTES, ERNEST DODGE, PAUL A TRE MAZA, AGNES M FONTES, SYLVIA DODGE, WANDA M TRE 2231 UTOPIANDRE#215 2231 UTOPIAN DR E # 217 2231 UTOPIAN DR E # 219 CLEARWATERFL 33763 - 4242 CLEARWATER FL 33763 - 4242 CLEARWATERFL 33763 - 4242 GARRITY, RUTH M STAPLETON, WILLIAM L GILPIN, MICHAEL W 2231 UTOPIAN DR E # 221 STAPLETON, MARIANNE S GILPIN, LYNNE CLEARWATER FL 33763 - 4240 2231 UTOPIAN DR E # 301 2231 UTOPIAN DR E CLEARWATER FL 33763 - 4243 CLEARWATER FL 33763 - 4238 MARANA, ALFRED SAIA, GERALD W KNIGHT, ELVIN 0 MARANA, MARY SAIA, KAREN R KNIGHT, BETTY J 2231 UTOPIAN DR E # 305 2231 UTOPIAN DR E # 307 2231 UTOPIAN DR E # 309 CLEARWATER FL 33763 - 4243 CLEARWATER FL 33763 - 4243 CLEARWATER FL 33763 - 4243 CIMINI, ENRICO SCHROEDER, ROY G V AN ETTEN, UPTON A SAN LORENZO, DELIA SCHROEDER, HJORDIS M V AN ETTEN, ORLETHA 215 PRESTON OAKS DR 2231 UTOPIAN DR E # 315 2231 UTOPIAN DR E # 317 ALPHARETT A GA 30022 - 7657 CLEARWATER FL 33763 - 4244 CLEARWATER FL 33763 - 4244 LYON, PRISCILLA A GOSS, MARY E INDUDDI, VICTORIA E 2231 UTOPIAN DR E # 319 CIO DOSS, HARRY A HENRICHS, GEORGE W CLEARWATER FL 33763 - 4244 27333 ARBOR WAY # 57 2209 UTOPIAN DR E # 101 SOUTHFIELD MI 48034 - 5005 CLEARWATER FL 33763 - 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4260 CLEARWATER FL 33763 - 4260 CLEARWATER FL 33763 - 4260 AMMIRATI, FRANK WALK, GUENTHER F NAGIBINA, T ATIANA AMMIRATI, FILOMENA 2209 UTOPIAN DR E # 217 TOP, LEONID 2209 UTOPIAN DR E # 215 CLEARWATERFL 33763 - 4260 4 BELLEVIEW # 405 CLEARWATER FL 33763 - 4260 BELLEAIR FL 33756 - SCOLARI, JOSEPH V JR FRANKS, ROCHELLE C WHITE, JOSEPHINE T SCOLARI, ANNA M 2209 UTOPIAN DR E # 301 2209 UTOPIAN DR E # 303 2209 UTOPIAN DR E # 221 CLEARWATER FL 33763 - 4260 CLEARWATER FL 33763 - 4260 CLEARWATER FL 33763 - 4260 CANELLAKIS, EV ANGELO S PICA, EVA M REEVES, LEILA I TRE 2209 UTOPIAN DR E # 307 2209 UTOPIAN DR E # 309 CANELLAKIS, ELENI E TRE CLEARWATER FL 33763 - 4260 CLEARWATER FL 33763 - 4260 2209 UTOPIAN DR E # 305 CLEARWATER FL 33763 - 4260 FRIED, HARVEY TRE SAUBLE, REGINA C TRE LANZ, ROLF D FRIED, MARY TRE 2209 UTOPIAN DR E # 315 LANZ, JOAN L 2209 UTOPIAN DR E # 311 CLEARWATER FL 33763 - 4260 2209 UTOPIAN DR E # 317 CLEARWATER FL 33763 - 4260 CLEARWATER FL 33763 - 4260 LEE, TED H GUGLIUZZA, FRANK L TRE CONTE, EMMETT J JR LEE, MOON HEE GUGLIUZZA, JEANETTE M TRE CONTE, DOROTHY 2209 UTOPIAN DR E # 319 2209 UTOPIAN DR E # 321 2210 UTOPIAN DR E # 101 CLEARWATER FL 33763 - 4260 CLEARWATERFL 33763 - 4260 CLEARWATER FL 33763 - 4262 OBERHOLTZER, ANITA J SHERWOOD, WILLIAM HIlI MINIUTTI, RUDOLPH E 2210 UTOPIAN DR E # 102 2210 UTOPIAN DR E # 103 MINIUTTI, NORMA D CLEARWATER FL 33763 - 4262 CLEARWATER FL 33763 - 4262 2210 UTOPIAN DR E # 104 CLEARWATER FL 33763 - 4262 KOEPPELLE, THOMAS M WESTLUND, JOHN F JONES, JAMES A JR KOEPPELLE, CLAUDIA D WESTLUND, ARLETA S 130 BASCOM CT 2210 UTOPIAN DR E # 105 2210 UTOPIAN DR E # 106 FAYETTEVILLE GA 30215- CLEARWATER FL 33763 - 4262 CLEARWATER FL 33763 - 4262 SMITH, ANDREW D RUM, ALMO SPECK, WILLIAM J HARRIS, JILL P RUM, MARIE A SPECK, ALIS L 2823 COBBLESTONE DR 2210 UTOPIAN DR # 109 1115 E ORCHARD PALM HARBOR FL 34684 - 1655 CLEARWATER FL 33763 - 4262 ARLINGTON HGTS IL 60005 - 2734 TESCONE, VICTOR JR VON HOENE, VIRGINIA HADDOCK, GEORGE L 2210 UTOPIAN DR E #111 2210 UTOPIAN DR E # 112 HADDOCK, CAROLINE CLEARWATER FL 33763 - 4262 CLEARWATER FL 33763 - 4262 2210 UTOPIAN DR E # 114 CLEARWATER FL 33763 - 4262 HANCOCK, JOHN J TRE STEINBERGER, SYDELL COTTER, MARIE D HANCOCK, VENIT A L TRE 2210 UTOPIAN DR E # 116 2210UTOPIANDRE# 117 2210 UTOPIAN DR E # 115 CLEARWATER FL 33763 - 4262 CLEARWATER FL 33763 - 4262 CLEARWATER FL 33763 - 4262 MILNER, ROBERT G MC KENDRICK, OWEN CALDERONE, JAMES L MILNER, SAUNDRAL MC KENDRICK, PAULINE CALDERONE, MARLENE D 2210 UTOPIAN DR E # 118 2210 UTOPIAN DR E # 201 2210 UTOPIAN DR# 202 CLEARWATER FL 33763 - 4262 CLEARWATERFL 33763 - 4264 CLEARWATERFL 33763 - 4264 JOHANSEN, CARL C O'BRIEN, EDWARD L COMBS, JOHN R JOHANSEN, ELIZABETH O'BRIEN, JANET K COMBS, VIOLET K 815 LIBERTY BELL LN 2210 UTOPIAN DR E # 204 5484 N 107TH ST LIBER TYVILLE IL 60048 - CLEARWATER FL 33763 - 4264 MILWAUKEE WI 53225 - 3106 ELLISON, SANDRA R HUPP, FORREST G GULYBAN, GUSTAV J 2210 UTOPIAN DR E # 206 HUPP, LOUISE 0 GULYBAN, WANDA CLEARWATER FL 33763 - 4264 2210 UTOPIAN DR E # 207 2210 UTOPIAN DR E # 208 CLEARWATER FL 33763 - 4264 CLEARWATER FL 33763 - 4264 MC CARTHY, CHERYL M KRAMER, HAROLD T ALEXANDER, LARRY C HOWELL, LEONARD KRAMER, ROSALYN R 2210 UTOPIAN DR E # 211 2210 UTOPIAN DR E # 209 2210 UTOPIAN DR E # 210 CLEARWATER FL 33763 - 4263 CLEARWATER FL 33763 - 4264 CLEARWATER FL 33763 - 4263 VIZCARRA, CARMEN R WETHERHOLD, BETTE E SWEIGART, JACOB K 2210 UTOPIAN DR E # 212 2210 UTOPIAN DR E # 214 SWEIGART, ADELIA M CLEARWATER FL 33763 - 4263 CLEARWATER FL 33763 - 4263 2210 UTOPIAN DR E # 215 CLEARWATER FL 33763 - 4263 MUNSEN, MARTIN DONZELLI F AMIL Y TRUST JUDGE, FRANCES MUNSEN, BONITA R 1129 S SUMNER ST 2210 UTOPIAN DR E # 218 1335 N CHESTNUT AVE WHEATON IL 60187 - 6538 CLEARWATER FL 33763 - 4263 ARLINGTON HEIGHTS IL 60004 - 4634 HERRERA, MIGUEL A TRUST SAMOWITZ, MURRA Y TAYLOR, EDWARDS HERRERA, YOLANDA A TRUST GROSS-SAMOWITZ, SHEILA TAYLOR, JOYCE H 2210 UTOPIAN DR E # 301 2210 UTOPIAN DR E # 302 2210 UTOPIAN DR E # 303 CLEARWATER FL 33763 - 4265 CLEARWATER FL 33763 - 4265 CLEARWATERFL 33763 - 4265 HACHEY, EDGAR H JR JONES, THOMAS E BATE, JOHNM HACHEY, MARGARET A JONES, MARY H BATE, VALDAE 2210 UTOPIAN DR E # 304 7904 OLD MARSH LN 2210 UTOPIAN DR E #306 CLEARWATER FL 33763 - 4265 ALEXANDRIA VA 22315 - 5049 CLEARWATER FL 33763 - 4265 MARTIN, LAVINA M JONES, ROSEMARY W BASARAN, ORRAN K 2210 UTOPIAN DR # 307 2909 W BARCELONA ST # 903 BASARAN, GUNES N CLEARWATER FL 33763 - 4265 TAMPA FL 33629- 2210 UTOPIAN DR E # 309 CLEARWATER FL 33763 - MOCHILAR, ROBERT POTHIER, CLARENCE J CALABRESE, OLIVIA M MOCHILAR, HELEN R POTHIER, ROBERTA J 2210 UTOPIAN DR E # 312 2210 UTOPIAN DR E # 310 2210 UTOPIAN DR E # 311 CLEARWATER FL 33763 - 4265 CLEARWATER FL 33763 - 4265 CLEARWATER FL 33763 - 4265 GRIFFITH, RUTH E ROBBINS, BETTY J GROFF, KARL C GRIFFITH, MARJORIE P 2210 UTOPIAN DR E # 315 GROFF, JOYCE B 2210 UTOPIAN DR E # 314 CLEARWATER FL 33763 - 4265 2210 UTOPIAN DR E # 316 CLEARWATER FL 33763 - 4265 CLEARWATER FL 33763 - 4265 BACKENSTO, MILES A 1M, HEA CHA HARVEY, CLARENCE D BACKENSTO,THERESA 1M, HEA CHA HARVEY, MARY A 2210 UTOPIAN DR # 317 C/O LEE MONA 2050 LAKEVIEW DR # 101 CLEARWATERFL33763 -4265 2403 HUNTINGTON BLVD CLEARWATER FL 33763 - 4300 SAFETY HARBOR FL 34695 - HAMS, RICHARD H PIPPITT, MARGARET F TRE MEIKLEJOHN, BARBARA M HAMS, BARBARA 2050 LAKEVIEW DR # 103 2050 LAKEVIEW DR # 201 2050 LAKEVIEW DR CLEARWATER FL 33763 - 4300 CLEARWATER FL 33763 - 4300 CLEARWATER FL 33763 - 4327 HUPFER, MAX A CATALANO, NANCY SIRCHIA, SAMUEL P TRE 2050 LAKEVIEW DR # 202 2050 LAKEVIEW DR # 203 2070 LAKEVIEW DR # 101 CLEARWATER FL 33763 - CLEARWATER FL 33763 - 4328 CLEARWATER FL 33763 - 4338 SANDEFUR, JEAN TRE 2070 LAKEVIEW DR # 102 CLEARWATER FL 33763 - 4338 JUNG, ROLAND JUNG, GERALDINE 2070 LAKEVIEW DR # 103 CLEARWATER FL 33763 - 4338 KELLER, LESLIE 2070 LAKEVIEW DR # 104 CLEARWATER FL 33763 - HAEUSSLER, ING LORE 2070 LAKEVIEW DR # 105 CLEARWATER FL 33763 - 4338 LANCASTER, SUE C 2070 LAKEVIEW DR # 201 CLEARWATER FL 33763 - 4338 DANLEY, MARY R 2070 LAKEVIEW DR # 204 CLEARWATER FL 33763 - 4338 HOSTETLER, DOROTHY M 2070 LAKEVIEW DR # 207 CLEARWATER FL 33763 - 4338 GUSTAFSON, JANE 2020 LAKEVIEW DR # 103 CLEARWATER FL 33763 - 4311 LEDENT, RICHARD LEDENT, LOIS 2020 LAKE VIEW # 106 CLEARWATER FL 33763 - 4311 HOVLAND, CHRISTINE A 2020 LAKEVIEW DR # 203 CLEARWATER FL 33763 - 4311 KNOWLTON, ROBERTA A JORDAN, THOMAS B 2020 LAKEVIEW DR # 206 CLEARWATER FL 33763 - 4311 BECKETT LAKE LODGE LTD 2155 MONTCLAIR RD CLEARWATER, FL 33763 KING, DONALD L KING, MARILYN J 2070 LAKEVIEW DR # 106 CLEARWATER FL 33763 - 4338 MC GINLEY, HELEN V 2070 LAKEVIEW DR # 202 CLEARWATER FL 33763 - 4338 MC LAY, DAVID TRE PO BOX 7153 CLEARWATER FL 33758 -7153 HOWES, IRVIN P HOWES, GEORGIA V 2020 LAKEVIEW DR # 101 CLEARWATER FL 33763 - 4311 KRA THWOHL, PHYLLIS A 2020 LAKEVIEW DR # 104 CLEARWATER FL 33763 - 4311 HOWES, ALVIN L HOWES, SHIRLEY A 1351 WALKABOUT CT SYKESVILLE MD 21784 - 6450 HOVLAND, THOMAS H 2020 LAKEVIEW DR # 204 CLEARWATER FL 33763 - 4311 VILLAS OF LAKE ARBOR HOMEOWNERS ASSOCIA nON BARBARA MATTHEWS 1700 MCMULLEN BOOTH RD SUITE C-3 CLEARWATER, FL 33759 ROGER A LARSON, ESQUIRE JOHNSON, POPE, BOKOR.... P. O. BOX 1368 CLEARWATER, FL 33757-1368 MYERSCOUGH, HELEN TRE 2070 LAKEVIEW DR # 107 CLEARWATER FL 33763 - 4338 TAYLOR, RAYMOND M T AYLOR, DOROTHY S 2070 LAKEVIEW DR # 203 CLEARWATERFL 33763 - 4338 MURATORE, CAROL K 2070 LAKEVIEW DR # 206 CLEARWATER FL 33763 - 4338 PALAZZO, JAMES V PALAZZO, JEANETTE D 2020 LAKEVIEW DR # 102 CLEARWATER FL 33763 - 4311 MC EWAN, ANNT 2020 LAKEVIEW DR W # 105 CLEARWATER FL 33763 - 4311 ANDERSON,NELLYD TRE 2020 LAKEVIEW DR # 202 CLEARWATER FL 33763 - 4311 ANKNEY, JERRY ANKNEY, TRUDY 2020 LAKEVIEW DR # 205 CLEARWATER FL 33763 - 4311 ON TOP OF THE WORLD HOMEOWNERS ASSOCIATION KEN COLEN 8700 SW 99TH ST OCALA, FL 34481 Message Page 1 of 1 Mariano, Marc From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, November 24, 2003 3:24 PM To: Mariano, Marc Cc: Roger Larson; bboyle@beckettlakelodge.com Subject: Beckett Lake Lodge, Ltd. App. for Land Use Plan Amendmt. Marc, as we discussed, I noticed an error that I made in the answer to Standard Number 1. Please note that the number of ALF beds that are currently "Alzheimers/Memory Support" beds is 16, rather than 14 as indicated in the report. Please let me know if you determine that you do not have an "upland" legal description. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, FL 33756 (727) 461-1818 11/25/2003