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LUZ2003-03002 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor COLLEEN CASTILLE Secretary . November 10, 2003 The Honorable Brian J. Aungust Mayor of Clearwater Municipal Service Building 100 South Myrtle Avenue Clearwater, Florida 33756 NOV 1 11 Lt\UJ Dear Mayor Aungust: The Department of Community Affairs has completed its review of City of Clearwater adopted Comprehensive Plan Amendment (DCA 03-2) adopted by Ordinance No. 7124-03 on October 16,2003 and determined that it meets the requirements ofChapter163, Part n, Florida Statutes (F.S.), for compliance, as defined in Subsection 163.3184(1)(b), F.S. The Department is issuing a Notice of Intent to find the plan amendment, In Compliance. The Notice of Intent has been sent to the Tampa Tribune for publication on November 16. 2003. The Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice of intent pursuant to Section 163.3184(9), F.S. No development orders, or permits for a development, dependent on the amendment may be issued or commence before the plan amendment takes effect. Please be advised that Section 163.3184(8)(c)2, Florida Statutes, . requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt ofthe mailed copy of the agency's notice of intent, Please note that a copy of the adopted City of Clearwater Comprehensive Plan Amendment, and the Notice ofIntent must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Clearwater Municipal Service Building, 100 South Myrtle Avenue, Clearwater Florida 33756. 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING 2796 0ver5eas Hghway, Suite 212 2555 Shumard Oak BcuIewrd Maralhon, FL 3305G-2227 Tallahassee, Fl32m-2100 (305) ~2402 (850) 483-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL ~2100 (850) 413-9969 HOUSING & COMMUNITY DEVelOPMENT 2555 Shumard Oak Ilculevard Tallahassee, FL ~2100 (850) 483-7956 The Honorable Brian J. Aungust November 10, 2003 Page Two If this in compliance determination is challenged by an affected person, you will have the option of mediation pursuant to Subsection 163.3189(3)(a), F.S. If you choose to attempt to resolve this matter through mediation, you must file the request for mediation with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect the right of any party to an administrative hearing. If you have any questions, please contact Debi Johnson, Plan Processor at (850)922-1769. Sincerely, ~kA-~ Charles Gauthier, AICP, Chief, Bureau of Comprehensive Planning CG/dj Enclosure: Notice of Intent cc: Cynthia Tarapani, AICP Director City of Clearwater Manuel Pumariega, Executive Director Tampa Bay RPC STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 03-2-NOI..:5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City of Clearwater adopted by Ordinance No. 7124-03 on October 16, 2003, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted Clearwater Comprehensive Plan Amendments and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building, 100 South Myrtle Avenue, Clearwater, Florida 33756. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendments to the Clearwater Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F .S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the infonnation and contents described in Unifonn Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered tothe local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F .S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Unifonn Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. rj^^J~ l\}J)'~ Charles Gm{iliieZ~P Acting Division Director Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Tampa Bav J?..eqional Planninq Council Chair Commissioner Barbara Sheen Todd Vice-Chair Commissioner Steve Simon Secretary/Treasurer Commissioner Jane von Hahmann Executive Director Manny L. Pumariega 31 October 2003 Ms. Gina Clayton Long Range Planning Manager City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dear Gina: Enclosed is a copy ofthe Council's review ofthe City of Clearwater's second adopted amendment of2003. The report will be on the Consent Agenda at the Monday, 10 November 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure N!("\\/" f'\ (', qJ~ \J a ZDU3 9455 Koger Boulevard, Suite 219, St. Petersburg, FL 33702-2491 Phone (727) 570-5151 FAX (727) 570-5118 State Number 513-5066 www.tbrpc.org Agenda Item #4 11/10/03 LOCAL GOVERNMENT COMPREHENSIVE PLAN ADOPTED AMENDMENT REPORT (No Subsequent Revisions) CITY OF CLEARWATER DCA #03-2 General Description From: To: Residential Urban Institutional Size: 35.7 acres Location: Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road Council Review Proposed amendment 11 August 2003 reviewed on Regionally Significant No. Regional Comments None. Applicable SRPP None. policies Consistent with SRPP Yes. Consistent with SRPP Yes. n \. (\ (~\ "ill' I 'j" "-It \ ,I '.) I HIJ, !i) .J " ." ,. . For Council meeting of 10 Nov 2003 Report prepared by: Gerald Smelt, Ext. 288 . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Govemor COLlEEN CASnLLE Secretary November 4, 2003 Nn~ 0 D l.GQ3 Ms. Gina Clayton Long Range Planning Manager Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Clayton: Thank you for submitting copies of Clearwater's Comprehensive Plan Amendment No. 03-2 adopted by Ordinance No. 7124-03 on October 16, 2003 for our review. We have conducted an inventory of the plan amendment package to veri.fY the inclusion of all required materials. The amendment package appears complete and the Department will issue an expedited Notice of Intent regarding the adopted comprehensive plan amendment based on your transmittal letter stating that the comprehensive plan amendment package was adopted without revisions and no objections were raised by an affected party or the Department. Based upon these facts, the expedited publication of notice of intent pursuant to Section 163.3184(8), Florida Statutes, will occur on or about November 16.2003. Also, please be advised that Section 163.3 I 84(8)(c)2, Florida Statutes, requires a local government that has an internet site to post a copy of the Department's Notice of Intent on the site within 5 days after receipt of the mailed copy of the agency's notice of intent. If you have any questions, please contact Debi johnson, Plan Processor at (850) 922-1769 or myself at (850) 922-1767. Sincerely, ~.~ru- D. Ray Eubanks Plan Review and Processing Administrator DRE/dj cc: Manuel Pumariega, Executive Director, Tampa Bay RPC 2655 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING 2796 Overseas Highway, Suite 212 2555 Shumard Oak Boule\lard Marathon, FL 33050-2227 Tallahassee, FL 32399-2100 (305) 289-2402 (850) 488..2356 EMERGENCY MANAGEMENT 2555 Shull'lliIrd Oak BouIe\Iard Tallahassee, FL 32399-2100 (850) 413-9969 HoUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boul8l/8rd Tallahassee, FL 32399-2100 (850) 488..7956 CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW October 30, 2003 Mr. Ray Eubanks Florida Department of Community Affa~rs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Adopted Comprehensive Plan Amendment for the City of Clearwater (03-02) Dear Mr. Eubanks: Please find attached three copies of the adopted amendment to the City of Clearwater Comprehensive Plan (03-02), which constitute the City's second plan amendment for the calendar year of2003. 9J-l1.011(5)(a)l: The City of Clearwater wishes the Notice of Intent to be published in the Tampa Tribune, The Tribune Company, 2560 Gulf to Bay Boulevard, Suite 100, Clearwater, FL 33765, (727) 799-7411. 9J-l1.011(5)(a)2: The following plan amendment, constituting submittal package 03-02, was adopted by the City of Clearwater at the October 16, 2003 City Commission meeting by the identified ordinance number: . LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment (Ordinance Number 7124-03) 9J-l1.011(5)(a)3: Copies of this correspondence, the adopted amendment and related documents have been sent to the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Florida Department of Transportation, and the Department of Environmental Protection, and the Department of State Bureau of Historic Preservation, under separate cover on October 30, 2003. BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" October 30, 2003 Ray Eubanks-Page 2 9J-l1.011(5)(a)4: The comprehensive plan amendment package was adopted without revision from the proposed amendment package and no objections were raised by an affected party, the amendment was not reviewed by the Department or if reviewed no objections were raised. Based upon these facts, we request expedited publication of a Notice of Intent pursuant to Section 163.3184(8), Florida Statutes. 9J-l1.011(5)(a)5: One (1) Future Land Use Map amendment is being adopted as part of this submittal package. The following is a summary of the package: . The amendment included in this package was adopted by the City of Clearwater on October 16, 2003 without any revision or change from the proposed amendment package sent to the Department on July 24,2003. . All findings of the City of Clearwater related to this amendment package are included in the adoption for the amendment. . The City requests the Department use the previously supplied data and analysis pertaining to this case submitted on July 24, 2003 as part of the Proposed Amendment Package 03-02. . The proposed amendment included in Submittal Package 03-02 was adopted by the City of Clearwater. 9J-ll.00l1(5)(a)6: Gina Clayton Long Range Planning Manager P.O. Box 4748 Clearwater, FL 33758-4748 Telephone: 727-562-4587 Fax: 727-562-4865 gclayton@clearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater Enclosures S:IPlanning DepartmentIDCAILARGE SCALE AMENDMENTS\2003 Submissions\2003 1st Large Scale ADOPTED DCA transmittalletterIO-3-03.doc October 30, 2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, Fl 323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of one (1) Adopted Future Land Use Map Amendment for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-l1.011(5)(a)3 of the Florida Administrative Code, the City of Clearwater is submitting one (1) adopted Future Land Use Map Amendment to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727-562-4587. Sincerely, Cynthia Tarapani, AICP Director of Planning City of Clearwater ORDINANCE NO. 7124-03 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 WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00,. ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; 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 See legal description attached hereto (LUZ2003-03002) Land Use Cateqorv From: Residential Urban To: Institutional 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. The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs findinq the amendment to be in compliance in accordance with Chapter 163.3184. Florida Statutes; or the date a final order is issued by the Administration Commission findinq the amendment to be in compliance with Chapter 163.3184. Florida Statute. PASSED ON FIRST READING June 19. 2003 Ordinance No. 7124-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: /s/ Leslie K. Douqall-Sides Leslie K. Dougall-Sides Assistant City Attorney READOPTED ON THIRD READING . AS AMENDED Approved as to form: -2 ,. ~ July 17, 2003 /s/ Brian J. Aunqst Brian J. Aungst Mayor-Commissioner Attest /s/ Cynthia E. Goudeau Cynthia E. Goudeau City Clerk O('~ohpr 1(;, 7001 Attest: ? ()rrlin::lnc-pNn 71?L1_n~ Legal Description of LUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast ~ of the Northwest ~ of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast ~ of the Northwest ~ of said Section 5; thence N 890 39' 17" W, along the South line of the Northeast ~ of the Northwest ~ of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 890 39' 17" W, along said South line, for 270.32 feet; thence N 00053' 02" W, along the West line of the Northeast ~ of the Northwest ~ of said Section 5, for 270.50 feet; thence N 600 36' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North ~ corner of said Section 5; thence S 000 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast ~ of the Northwest ~ of said Section 5; thence N 890 39' 20" W, along the South line of the Northeast ~ of the Northwest ~ of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast ~ of the Northwest ~ of said Section 5; thence N 00048' 20" E, along the West line of the Northeast ~ of the Northwest ~ of said Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32" W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. ~ Orrlin;:mr~ Nn 71 ?.1_n~ ~OG ,10; RS ~F;"lO ~~J~ o PljJ~ '; [i] ,. c r,l ~~ [j -----1 ' , -;,. l:J 263/ UJ OJ f R~' - .,~ ~ !-~ 'OG !-~ t(~ Ci L -9 n r~ ~ L I! ~! T ~.i', I L~ ,on -~_/V ~il~" li~ ~ m'~, 6...., .t. '" ~ ~~~> :11$1 8 , ,~ .c "" .,_ ./ ::1 'I ... " ~! ~~..11o ~ "" ,m "'" T"'JcS lr~~ 7i n \...~ I INn.1\ ST . ................ CG ff "'" mR/OS ?<1m DlQG 1"\1., I " ~ I ,= "f' Ls IN ) RU -- ~. ~... '- ,f" " f' ~ '< o ,. u '" '" '" '" ll: INS ~10 R/O/R CG ~vs !' P I ~~ ~I I ROBINWOOD DR ,~ I I ~ I ' 1M RL --- E RLM we, ADOPTED FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Property I Site: 2701, 2720, 2751 & 2770 Regency Oaks Blvd. I 35.7 I Size(Acres) : I Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS I Atlas Page: 255A Comprehensive Plan Citizen COUl ' Information List Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local Government: Hearing Date: (!, -I-y 0 f C/i'c> (v.--",.J~r' Oclo,'~ /' ('t (00 > Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. . Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response( s ) which is of Interest Written Spoken Comment Comment I II II II I I II II I II II I II I II I II I II I< Alo ('-/e 2-( ~ (~C-A r' Jc. ~ / Ie 1"" c ,-k J file:IIS :\Planning%20Department\DCA \Comprehensive%20Plan%20Citizen%20Courtes... 10/27/2003 ~ r STATE OF FLORIDA o EP ART M EN T 0 F CO M M U NIT Y A F F A IRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor RECEIVED' COLLEEN CASTillE Secretary StP () J 2003 September 1, 2003 oLANNING DEPARTME~! CITY OF CLEARWATEr The Honorable Brian Aungst, Mayor-Commissioner City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33758 Dear Mayor Aungst: The Department has conducted a preliminary review of the City's proposed comprehensive plan amendment received on July 29, 2003, DCA reference No. 03-2. The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In addition, the Department has not received any recommendation for review from the Tampa Bay Regional Planning Councilor any affected person regarding the proposed amendment. Therefore, the proposed amendment will not be reviewed and the Objections, Recommendations and Comments report will be waived. The City may proceed to immediately adopt the amendment. Also, pursuant to Chapter 1632.3189(2)(a), F.S., the Department recommends that the City include the following language in the adoption ordinance regarding the effective date of the adopted amendment. "The effective date of this plan amendment shall be: The date a final order is issued by the Department of Community Affairs finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance with Chapter 163.3184, F .S." 2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: htto:/Iwww.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, Suite 212 Marathon, FL 33050-2227 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 IDen\ AAA..')l.C;F. EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 18sm 413.9969 HOUSING &. COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevaid Tallahassee, FL 32399-2100 (850) 488-7956 I \ \ i ! \ .~ Honorable Brian Aungst, Mayor-Commissioner ,eptember 1, 2003 -; age 2 Further, the Department's notice of intent to find a plan amendment in compliance shall be deemed to be a final order ifno timely petition challenging the amendment is filed. Any affected person may file a petition with the agency within 21 days after the publication of the notice pursuant to Chapter 1 63.3184(9), F.S. This letter should be made available for public inspection. If you have any questions, please contact Michael Sherman, AICP, the Principal Planner overseeing the review of the amendment, at (850) 922-1825. CG/ms cc: Mr. Manny Pumariega, Executive Director, TBRPC Ms. Gina Clayton, Long Range Planning Manager .. .... . STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor COLLEEN CASTILLE Secretary July 29,2003 RECENEO Ms. Cynthia Tarapani, Director City of Clearwater Planning Department Post Office Box 4748 Clearwater, Florida 33758-4748 ~..'n, i' '-"'rr ,",' r:.: r't; r-. ~:, -;':, '~ 1I:<t ~ t:.. t P~~~I?C~_8;'qV0,";TER Dear Ms. Tarapani: Thank you for submitting the proposed amendments to your comprehensive plan. Our reference number for this amendment package is Clearwater 03-2. We have conducted an inventory of the plan amendment package to verify the inclusion of all required materials. The submission package appears to be complete, and your proposed plan amendment will be reviewed pursuant to Chapter 163, Florida Statutes. Once the review is underway, you may be asked to provide additional supporting documentation by the review team to ensure a thorough review. The Department will evaluate the proposed amendments and mail you a notification on September 1, 2003, with its determination as to whether the amendments will be reviewed pursuant to Chapter 163.3184 and Rule 9J-11.009, F.A.C. The Department's notification will identify the amendments that will and will not be reviewed. Also, please be advised that Section 163.3184(8)(c), Florida Statutes, requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these required names and addresses to the Department when you transmit your adopted amendment package for compliance review. In the event no names, addresses are provided, please provide this information as well. For efficiency, we encourage that the information sheet be provided in electronic format. 2555 SHUMARD OAK BOULEVARD . TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Highway, SWe 212 Marathon, FL 3305(}.2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shtmard Oak Boulevard Tallahassee, FL 32399-2100 (85Ol488-2356 EMERGENCY MANAGEMENT 2555 Shtmard Oak Boulevard Tallahassee, FL 32399-2100 (85Ol413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-21 00 (85Ol 488-7966 . " Ms. Cynthia Tarapani July 29,2003 Page Two If you have any questions please contact Marina Pennington, Regional Planning Administrator, that will be overseeing the review of the amendment and assigning the amendment to the respective planner for review, at (850) 487-4545. Sincerely, ~~ror Plan Review and Processing DRE/af STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Governor COLLEEN CASTILLE Secretary July 29, 2003 Ms. Cynthia Tarapani, Director City of Clearwater Planning Department Post Office Box 4748 Clearwater, Florida 33758-4748 Dear Ms. Tarapani: The Departments records reflect that the City of Clearwater has submitted its second proposed comprehensive plan amendment submittal for the year 2003. The reference number for this package is DCA # 03-2. Pursuant to Section 163.3184(3)(b), Florida Statutes and Rule 9J-11.006(1), Florida Administrative Code, local governing bodies shall consolidate all proposed plan amendments into a simIle submission for each of the two plan amendment adoption dates durina the calendar year. Therefore, amendment package DCA # 03-2 is the final submittal that the local government can submit for an amendment adopted during calendar year 2003 unless the amendment meets the requirements of Section 163.3187(1), Florida Statutes and Rule 9J- 11.006(1)(a)7, Florida Administrative Code. If the City is intending to submit another proposed amendment submittal package for adoption in this calendar year, the City should withdraw the amendment package DCA# 03-2 and combine it with the other proposed amendments and then transmit it to the Department pursuant to Section 163.3184(3), Florida Statutes and Rule 9J-11.006, Florida Administrative Code. The Department looks forward to working with and assisting the City in resolving any issues identified in this procedural matter. If you require further assistance concerning this issue, please contact me or Anita Franklin, Senior Plan Processor, at (850) 488-4925 or Suncom 278- 4925. D. Ray Euoanks Plan Review and Processing Administrator DRE/af 2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781 /Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE 2796 Overseas Hi9hway, Suite 212 Marathon, FL 33050-2227 (305) 289-2402 COMMUNITY PLANNING 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-2356 EMERGENCY MANAGEMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 413-9969 HOUSING & COMMUNITY DEVELOPMENT 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 (850) 488-7956 "', ----r--1~1.,...... Tampa Bav Xegional Planning Council Chair Commissioner Barbara Sheen Todd Vice-Chair Commissioner Steve Simon Secretary/Treasurer Commissioner Jane von Hahmann Executive Director Manny L. Pumariega August 1, 2003 RECEIVED Cynthia Tarapani, AICP Director of Planning City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 l ,~ i)~. l.~ t . 1 ",.".,...., nr-r.,,/C '-..f";;.....!\'T Pl.ANI'J~!'~<..:' ,-jC!~i-W'( i~l.::~ ~ OF' C'" 1"- 1'. "'"'lj'J'A1 - R CITY 1- L,:::';L\r(t \ ,1.:. Dear Ms. Tarapani: Enclosed is a copy of the Council's review of City ofClearwaters's second proposed amendment of2003. The report will be an agenda item for Council consideration at the Monday, August 11, 2003, Council meeting, which will begin at 10:00 a.m. Please do not hesitate to contact me if more information or clarification concerning the contents of the report is needed. Sincerely, ~5S~~ ~v H. Gerald Smelt, AICP Governmental Services Coordinator Enclosure 9455 Koger Boulevard, Suite 219, S1. Petersburg, FL 33702-2491 Phone (727) 570-5151 FAX (727) 570-51 18 State Number 513-5066 www.tbrpc,org . . ........... --- RttCr 'it. ~""~ \"""J' ~\lI=D I Val l.4-~" " ) Agenda Item #3.H.4 08/11/03 Tampa Bav;1(t!f7/onal 'PlannIng Council PLANNlNG DEP,qRTMENT CITY OF CLEAHVVAfEH LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT City of Clearwater DCA # 03-2 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THAT DCA REVIEW THE PROPOSED AMENDMENTS. General Description In 1987, the site was annexed into the City and zoned Residential Planned Development, which permitted the current uses as congregate care. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to LMDR(see below), rendering it consistent with the underlying RU (see below) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation, as shown below, to render this site conforming. From Land Use: Residential Urban (RU) Zoning: Low Medium Density Residential (LMDR) District Land Use: Institutional (INS) Zoning: Institutional (1) District 35.7 acres To Size Location Regency Oaks Boulevard, located on the west side of Soule Road, ap roximately 1,000 feet north of Sunset Point Road Assisted Living Facility and Skilled Nursing Facility Assisted Living Facility and Skilled Nursing Facility Existin Use Pro osed Use For Council meeting of August 11,2003 Report prepared by: Jessica White, Ext. 288 . , /. "'-' - Adjacent Designations North: Residential Suburban (RS) South: Residential Low (RL) and Institutional (INS) East: Institutional (INS) West: Residential/Office General (R/OG), Preservation (P), and Institutional (INS) Adjacent Uses North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office Ree;ionally Sie;nificant No. Result in extra- No. .iurisdictional impacts? Impact regional No. facilities/ resources? Regional Comments None. Applicable SRPP Not applicable. Policies Consistent with SRPP Yes. . R~ L~.".. r r:: .~'I" lr::. D 'h .~j ::~ . 1;-" ~ 'l< ....., ."",,1 "'~. II "',""' .. P LP\ flJ t~ ~ f\{ c; ~J tOO, F~l~J~:"T'f/~ E ~J T CITY OF CLEAHVVATER LOCA TlON MAP Owners ...m..~~~ency Oaks, llC ~ Sylvan He.:~~:.~~~~:~~:~:m..L...m.~~~~~ .. ~ Site: 27Cl,2720.275J&2770RegencyOdhBlvd. I Si:~~f~:}: i UJ120CG-{)3002 ! mmmm .m--4 30.00 I Land Use lonir.g i 05/'19!i6/1XXX)O/210/0Xl0 .-...--...............---.---1 PIN: : ~~;;~;~j=;~;~~~ LMDR - L OS/2'N 16iOOXX1/21 0;0300 ! . I Atlas rage: 2S5A I From: RU To I~'/S For Council meeting of August 11,2003 Report prepared by: Jessica White, Ext. 288 . /' ""-" ~ PROPOSED FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, LLC Case: LUZ2003-03002 Site: 2701. 2720, 2751 & 2770 Regency Oqks Blvd, Properiy SlzeIAcres): 35] PIN: OS/29/16/00000/21 0/0000 OS/29/16/00000/210/0100 OS/29 /l6/00000/21O/0200 ",c,_~5!~~!! 6/~?.~0012 1 0 /0300 Land Use l oning From: RU LMDR To: INS Atlos Page: 255A Rr-C~i\ I'F""D c' t: Vt: "j : ) PI A l\"l \'tm< V:', tl""V=,p,. r)T~ r,,', ~'T '"-.il ~r'\'jr; <,!;,l"\l""~ t,...~_ ,j''''''\:1'1 ~ ii.f~{:':"~ Cl'",rv"" , f ~'::: r~ For Council meeting of August 11,2003 Report prepared by: Jessica White, Ext. 288 JEB BUSH GOVERNOR ~ Florida Department of Transportation 11201 N. McKinley Drive. Tampa, FL 33612-6456. phone (813)975-6000.1-800-226-7220 ~ -~ J! l't'- 'I "'" Ii 'k"""" , '\~J ~I~ JOSE ABREU SECRETARY July 30,2003 Mr. Charles Gauthier, AICP Chief, Office of Comprehensive Planning Division of Community Planning Florida Department of Community Affairs . 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 RE: City of Clearwater Proposed Comprehensive Plan Amendment 03-2; Preliminary Review Determination Dear Mr. Gauthier: The Department has conducted a review of the above referenced document in accordance with the provisions of Chapter 93-206, Laws of Florida; Chapter 9J-5, Florida Administrative Code; and the Department's Review Guidelines for Local Government Comprehensive Plans. We do not expect the proposed amendment to have an adverse impact on the Florida Intrastate Highway System, or a significant impact on the Florida Transportation System. Should the application vary upon a future re-submittal, we would request the opportunity to review it. The Department appreciates the opportunity to review and comment on the proposed Amendment. If you have any questions, please call me at SunCom 512-7801, or (813) 975-6444. Yours Truly, ~rA-~ Carol M. Collins LGCP and CMS Coordinator cc: Bob Romig, Director of Policy Planning, FDOT Cynthia Tarapani, AICP, Director of Planning, City of Clearwater Gina Clayton, Long Range Planning Manager, City of Clearwater www.dot.state.fl.us * RECYCLED PAPER City of Clearwater Proposed Local Government Comprehensive Plan Amendment Second Submittal 2003 July 21, 2003 L UZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment July 21,2003 Pinellas County Planning Department 600 Cleveland Street, Suite 750 Clearwater, FL 33755 Tampa Bay Regional Planning Council Attn: Gerald Smelt, Principal Planner 9455 Koger Boulevard, # 219 St. Petersburg, FL 33702 Southwest Florida Water Management District Attn: Richard S. Owen, AICP, Planning Director 2379 Broad Street Brooksville, FL 34604-6899 Florida Department of State Bureau of Historic Preservation Attn: Ms. Susan Harp R.A. Gray Building 500 South Bronough Street Tallahassee, Fl 323-99-0250 Florida Department of Transportation District Seven Attn: Carol M. Collins, LGCP & CMS Coordinator 11201 North McKinley Drive Mail Station 7-500 Tampa, FL 33612-6456 Department of Environmental Protection Attn: Lindy McDowell, Environmental Manager Office of Intergovernmental Programs 3900 Commonwealth Boulevard, Mail Station 47 Tallahassee, FL 32399-3000 RE: Transmittal of one (1) Future Land Use Map Amendment for the City of Clearwater. To whom it may concern: Pursuant to Rule 9J-11.006(1) of the Florida Administrative Code, the City of Clearwater is submitting one (1) proposed Future Land Use Map Amendment to the aforementioned organizations. Also, enclosed is a copy of the transmittal letter sent to the Department of Community Affairs. If you need further assistance, please contact Gina Clayton, Long Range Planning Manager at 727-562- 4587. Sincerely, JJioA.fJt~ Cynthia Tarapani, A~ {,.- (Jt Director of Planning City of Clearwater 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 July 24, 2003 Mr. Ray Eubanks Florida Department of Community Affairs Bureau of Local Planning Division of Community Planning Plan Processing Team 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Transmittal of Future Land Use Element Amendment for the City of Clearwater Dear Mr. Eubanks: The City of Clearwater is submitting this transmittal as part of the requirements pursuant to 9J-l1.006 "Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments". This is the City's second amendment package transmittal for 2003 and it is requested that it be processed as a Preliminary Review. The City is transmitting one (1) proposed Plan Amendment with this letter for your reVIew: LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment 9J-I1.006(1)(a)1: The Clearwater Community Development Board (CDB), as the Local Planning Agency, held a public meeting on May 20, 2002 for LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment. The CDB recommended approval to the City Commission on the Plan Amendment. 9J-I1.006(1)(a)2: The Clearwater City Commission held a public hearing on June 19, 2003 to approve the transmittal of LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment. The above proposed plan amendment and one copy of each item specified under paragraphs 9J- l1.006(1)(a), (b), (c), and (d), FAC, were sent to the Pinellas County Planning Department, Tampa Bay Regional Planning Council, Southwest Florida Water Management District, the Florida Department of Transportation, the Florida Department of State and the Florida Department of Environmental Protection on July 24,2003. BRIAN J. AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILl. JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 9J-ll.006(l)(a)3: The Future Land Use Map amendment is being proposed as part of this submittal package. The following is a summary of this amendment: . LUZ2003-03002 Regency Oaks, LLC and Sylvan Health Properties, LLC Plan Amendment proposes to amend the Future Land Use Map from Residential Urban (RU) to Institutional (INS) for 35.7 -acres of property to render an existing assisted living facility and skilled nursing facility use conforming to the City of Clearwater Future Land Use Map and Community Development Code. The City of Clearwater requests the Department to process the proposed amendment as a Preliminary Review. 9J-ll.006(l)(a)4: The amendment is proposed for adoption subsequent to receipt of the Department objections, recommendations, and comments report and preparation of changes required by the report. The anticipated month of adoption is October 2003. 9J-ll.0061(l)(a)5: 9J-ll.0061(1)(a)6: The proposed amendment does not pertain to an area of critical state concern. The plan amendment is not within Orange, Lake or Seminole Counties. 9J-Il.0061(1)(a)7.e: The proposed plan amendment does not qualify as an exemption under the twice per calendar year limitation on the adoption of comprehensive plan amendments. 9J-ll.0061(l)(a)8: Copies of the completed adopted Clearwater Comprehensive Plan, and any amendments to said plan, have been submitted to the following agencies: the Pinellas County Planning Department, the Tampa Bay Regional Planning Council, the Southwest Florida Management District, the Department of State, the Department of Transportation, and the Department of Environmental Protection. 9J-ll.0061(l)(a)9: agreement. The plan amendment is not proposed for adoption under a joint planning 9J-ll.0061(l)(a)10: Gina Clayton Long Range Planning Manager 100 S. Myrtle Avenue Clearwater, FL 33758-4748 Telephone: 727-562-4587 Fax: 727-562-4865 Email: gclayton@clearwater-fl.com If you need further assistance, please contact Gina Clayton. Thank you for your courtesy in this matter. Sincerely, ~1p~af-~ Director of Planning City of Clearwater Enclosures S:IPlanning DepartmentlDCA\LARGE SCALE AMENDMENTSI2003 Submissionsl2003 2nd Large scale DCA transmittal letter. doc CDB Meeting Date: May 20, 2003 Case No.: LUZ2003-03002 Agenda Item: E 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Regency Oaks, LLC & Sylvan Health Properties, LLC REPRESENTATIVE: E. D. Armstrong, Esquire LOCATION: 2701,2720,2751 & 2770 Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Institutional (INS); and To rezone from the LMDR, Low Medium Density Residential District to the I, Institutional District. SITE INFORMATION: PROPERTY SIZE: 1,555,119 square feet or 35.7 acres DIMENSIONS OF SITE: 1,300 feet by 1,330 feet. (combined lots) m.o.I. PROPERTY USE: Current Use: Proposed Use: Assisted Living Facility and Skilled Nursing Facility Assisted Living Facility and Skilled Nursing Facility PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) Institutional (INS) ZONING DISTRICT: Current District: Proposed District: Low Medium Density Residential (LMDR) Institutional (I) Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 1 EXISTING SURROUNDING USES: North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office ANALYSIS Introduction The Future Land Use Plan amendment and Rezoning application involves four (4) parcels of land, approximately 35.7-acres in area and is occupied by two (2) assisted living facilities containing 530 beds and one (1) skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation ofthis property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. 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 required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.l & 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. Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 2 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 consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Institutional (INS) category, as specified in Section 2.3.3.7.3 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for public/semi-public institutional purposes and to recognize such areas consistent with the need, character and scale of the institutional use relative to the surrounding uses, transportation facilities, and natural resource features. The Institutional (INS) category is generally appropriate where educational, health, public safety, civic and religious uses are required to serve the community throughout the County. The location should acknowledge the special needs of these uses relative to their relationship with surrounding uses and transportation needs. 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 4-602.F.2 & 4-603.F.3] Sunset Point Road Corridor In the location of the subject site, Sunset Point Road is a four-lane divided roadway with infrequent traffic signals. The Sunset Point corridor in this area between U.S. 19 North and McMullen Booth Road is characterized by a variety of development including residential, commercial, institutional and office uses. The Countywide Future Land Use Plan has designated land in this area on the north and south side of Sunset Point Road Commercial General, Residential/Office General, Residential/Office Limited, Institutional, Residential Low and Residential Suburban. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the east is Institutional (INS) and the areas to the west are designated Residential/Office General (RlOG), Preservation (P) and Institutional (INS). The Residential Low (RL) and Institutional (INS) categories border the site to the south, while the properties to the north are designated Residential Suburban (RS). The existing surrounding uses include single-family residential dwellings to the north and south, as well as preservation/open space to the south. A cemetery is located to the east of the property and a mobile home park and office structures occupy the properties to the west. Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 3 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 [Sections 4-602.F.5. & 4-603.F.5] The subject site is approximately 35.7-acres and is currently occupied by two (2) assisted living facilities and one (1) skilled nursing facility. Based on a maximum permitted density in the RU category of 7.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, 267 dwelling units or 801 beds would be permitted on this site. Based on a maximum permitted density in the INS category of 12.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, a maximum of 446 dwelling units or 1,338 beds would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 537 beds on this site. However, no new development is proposed at this time and the applicant's intention is only to bring a legal, non- conforming structure into compliance with the City's Community Development Code and continue the current use. 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 Sunset Point Road Situation Plant Plan2 Trips Maximum Daily Added Potential Trips N/A 2,499 2,249 ( -250) Maximum PM Peak Hour Added Potential Trips3 N/A 312 281 (-31 ) Volume of Sunset Point Road from US 19 to McMullen Booth 17,735 20,234 19,984 (-250) LOS of Memorial Causewav from Drew Street to SR 60 B B B B N/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 Institutional 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 Sunset Point Road segments in the vicinity of this site a level of service (LOS) B. The proposed use of the application 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 no new development is proposed at this time. 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 - May 20, 2003 - Case LUZ2003-03002 - Page 4 Uses Existing Zoning/Future Land Use Plan 801 beds 1,722 N/A 168 N/A Apartment 267 units 1,770 48 178 10 (6.63 trips/dwelling unit) Single-family Dwelling 267 units 2,555 833 272 104 (9.57 trips/dwelling unit) Proposed Zoning/Future Land Use Plan 585 Students- Elementary School A vg. number in 596 (-1,126) 152 ( -16) (1.02 trips per student) Pinellas County Schools Congregate Care Facility 1,338 beds 2,876 1,154 280 112 (2.\5 trips/occupied dwelling unit) Nursing Home 1,338 beds 3,492 1,770 481 313 (2.6\ trips per bed) The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding roads network. In addition, no impact on the operational efficiency of the signalized intersections of Sunset Point Road and US 19 North and Sunset Point Road and McMullen Booth Road 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 (PSTA) bus service is available along Sunset Point Road. Water The current zoning district could demand approximately 66,750 gallons per day. Under the proposed zoning district, water demand could approach approximately 101,080 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 53,400 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 80,864 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for wastewater. Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 5 Solid Waste The current zoning could result in 676 tons of solid waste per year for a commercial site. Under the proposed zoning district, there could be approximately 1,465 tons of solid waste generated per year. The maximum development potential permitted under the proposed land use and zoning districts 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 skilled nursing 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 west of the subject site is not being included as part of this application and will preserved into the future. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The location of the proposed Institutional (INS) boundaries are logical and an appropriate classification between the single-family uses to the north and south and the office and mobile home park uses to the west and the cemetery use to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.] The proposed I, Institutional District permits a FAR of 0.65 and the existing LMDR, Low Medium Density Residential District permits a less intensive FAR of 0.40. The 0.85 ISR of the proposed District is more intensive than the current Low Medium Density Residential District at 0.65. The size of the subject site is 1,555,809 square feet, and each individual parcel exceeds the minimum lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the Institutional zoning district. Therefore, the parcels meet the size requirements of the proposed District and the existing uses are permitted in the Institutional District. The subject site is part of a Certified Site Plan (CSP), which created the original Residential Planned Development (RPD) zoning for the site. Side and rear setbacks approved through this CSP do not comply with current code requirements, however are legally permitted through the CSP. A companion Flexible Development Application has been submitted to render the site conforming with respect to all non-conforming setback, height and parking requirements currently found on the site (See Case Number FLD2003-03016; Agenda Item C8). 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 Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 6 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 is consistent with the Institutional zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional (INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District for the subject property is necessary to bring this existing non-conforming use into compliance with the Community Development Code. The neighborhood is surrounded by single-family residential dwellings to the north and south; a cemetery to the east; and a mobile home park and offices to the west. The proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent 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 APPROV AL of the following actions on this application: 1. Amend the Future Land Use Plan designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2. Amend the zoning district designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from the LMDR, Low Medium Density Residential District to the I, Institutional District. AllJ.1k-. Prepared by Planning Department Staff: 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 2003ILUZ2003-03002 Regency Oaks & Sylvan Health Prop 275/ Regency Oaks Blvd1LUZ2003-03002 Regency Oaks staffreport.doc Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 7 NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING Schedule of Public Hearings: Tuesday, May 20, 2003 before the Community Development Board, at 2:00 p.m. Thursday, June 19,2003 before the City Commission (lst Reading), at 6:00 p.m. Thursday, July 17, 2003 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (Regency Oaks, LLC & Sylvan Health Properties, LLC) LUZ 2003- 03002 NOTE: All persons wishinf! to address an item need to be present at the BEGINNING of the Communitv Development Board meetinf!. Those cases that are not contested bv the applicant. staff. neif!hborinf! propertv owners. etc. will be placed on a consent af!enda and approved bv a sinf!le vote at the bef!inninf! of the meetinf!. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7124-03 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 WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7125-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); 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. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Planning 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. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. Ad: 05/04/03 & 06/29/03 AERIAL PHOTOGRAPH Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701,2720,2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres) : Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS Atlas Page: 255A ~ I II " I "- IH "!- '-III J:~ 6 rlI-; AT ~ H -rT: . f--. --'",,~ I~ PROJECT SITE - u C? ~ - \ '-ill ~ J T TI' rlI= ==::::;j ::::;.c FA II EtE~ -- .A B-BB B ~[ 'I II I I~I / I II lU L/1 CJ ....-1rr ~ ... ~ '-- ~ ^ "~^ :) r- u I" 1IIIIIIi ~IIIIII '--I -~ ~ L'7J> 11I1 I I I I D ^. .. :1101111 II ~ '" I I I L 8J l3 ;<y r I (~ =l ~,1 ___1"Ol T I ~~ _~ ,I l?J 0 --j "- ~ L- II 'T l-'- ~ e- II III ~ J l-_ Jim.~l ~~ :.--\ "'''d'U LOCATION MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: I LUZ2003-03002 LLC I Property I Site: 2701,2720,2751 & 2770 Regency Oaks Blvd, 1 30.00 Size(Acres) : J ! I Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS I A tlas Page: 255A c~ ~b J ~ ~ $ R ~ · .,'" CG OG ff ""RIDS RLQ,G p RLM PROPOSED FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres): Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS Atlas Page: 255A ZONING MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres): Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS Atlas Page: 255A I l ~ : :::=. / r~I,/I-. ~ ~ r- trrrnJJ1llJ ~ ~ ., ~......--rN 1 11" [ - ._ C~ = Crt- ~ ':d:~~' '11.'1' 'I't' 'IL ". ~\ IlL" "I[ - -~ :0' ~ii1",J]_; r-," ~/~fi"~- ~ t 1 f ~ IIYlF. ~-~ ~ ' ,( _ QJ ~ Q 1b~.-:::-4 . ~ ~ r:=- H r" ,I, ,,/ .. 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Community Center r-- , , 0;:, 'PC IlfTRD I I ' I' I I I - l- I- I-- I-- I-- I- Owners: Regency Oaks, llC & Sylvan Health Properties, Case: lU Z2003-03002 llC Site: 2701. 2720, 2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres) : land Use Zoning I OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 I OS/29/16/00000/210/0200 From: RU lMDR OS/29/16/00000/210/0300 To: INS I Atlas Page: 255A ORDINANCE NO. 7124-03 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 WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; 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 See legal description attached hereto (LUZ2003-03002) Land Use Cateqorv From: Residential Urban To: Institutional 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 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7124-03 Legal Description of LUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast % of the Northwest % of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast % of the Northwest % of said Section 5; thence N 890 39' 17" W, along the South line of the Northeast % of the Northwest % of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 890 39' 17" W, along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the Northeast % of the Northwest % of said Section 5, for 270.50 feet; thence N 600 36' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North % corner of said Section 5; thence S 000 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast % of the Northwest % of said Section 5; thence N 890 39' 20" W, along the South line of the Northeast % of the Northwest % of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast % of the Northwest % of said Section 5; thence N 000 48' 20" E, along the West line of the Northeast % of the Northwest % of said Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 13055' 32" W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. Ordinance No. 7124-03 ~ ~ c r5J,~ ' ~ ; B'rIT OJ I ,." I xao I X,", I ' f R ~ · CG OG ~ '''RIDS RLQ,G p RLM Owners: Regency Oaks, LLC & Sylvan Health Properties, LLC FUTURE LAND USE PLAN MAP I I Case: LUZ2003-03002 Site: 2701. 2720, 2751 & 2770 Regency Oaks Blvd. Property Size(Acres): 35.7 PIN: OS/29/16/00000/210/0000 OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 OS/29/16/00000/210/0300 Land Use Zoning From: RU LMDR To: INS Atlas Page: 255A Ordinance No. 7124-03 Site view of the southeast portion of the site View looking west Property to the south Site view of the main building View looking east ~;.:...:,_-,::> Property to the north Regency Oaks, LLC & Sylvan Health Properties, LLC LUZ2003-03002 2701,2720,2751 & 2770 Regency Oaks Boulevard COMMUNITY DEVELOPMENT BOARD MEETING CITY OF CLEARWATER May 20, 2003 Present: Carlen A. Petersen David Gildersleeve Edward Mazur, Jr. Shirley Moran John Doran Alex Plisko Kathy Milam Chair Board Member Board Member Board Member Board Member Board Member Alternate Board Member - voting Absent: Ed Hooper Vice-Chair Also Present: Leslie Dougall-Sides Lisa Fierce Frank Gerlock Brenda Moses Assistant City Attorney Assistant Planning Director Development Review Manager Board Reporter The Chair called the meeting to order at 2:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. A. APPROVAL OF MINUTES OF PREVIOUS MEETING: April 15, 2003 Member Moran moved to approve the minutes of the regular meeting of April 15, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. B. REQUESTS FOR CONTINUANCE (Items 1 - 3): 1. Case: CU96-46 - 1339, 1341, 1345 Park Street/1344 Pierce Street Level 2 Application Owner: Society of St. Vincent de Paul of Upper Pinellas County, Inc. Applicant: Clearwater Homeless Intervention Project (CHIP) and City Of Clearwater. Representative: Sidney Klein, Clearwater Police Chief (work: 562-4343). Location: 1.3 acres located on the south side of Park Street and on the north side of Pierce Street, approximately 700 feet west of Gulf to Bay Boulevard. Atlas Page: 287B. Zoning: C, Commercial District. Request: Trial period review of a previous Conditional Use application for a residential shelter and police substation, as required under conditions of approval. Proposed Use: An existing residential shelter, police substation and parking lot. Neighborhood Association: Gateway Neighborhood, Pat Vaughn, 1326 Pierce St., Apt. #2, Clearwater, FL, 33756/727-461-7599. Presenter: Wayne M. Wells, Senior Planner. Assistant Planning Director Lisa Fierce said the applicant has requested a continuance to the July 2003 CDB (Community Development Board) meeting. In response to a question, Community Development - 2003-0520 1 5/20/03 5. Any future freestanding signage be designed as a monument sign at a maximum height of six feet above grade and consistent with the materials and color as the principal building or the brick frontage wall. See Item C10. 6. Case: LUZ2003-03002 - 2701, 2720, 2751 and 2770 Regency Oaks Blvd. Level 3 Application Owners/Applicants: Regency Oaks, LLC & Sylvan Health Properties, LLC. Representative: E. D. Armstrong, III, Esquire (work: 727-461-1818, fax: 727-462-0365, email: ed@jbpfirm.com). Location: 35.7-acres located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. Atlas Page: 255A. Request: (a) Land Use Plan amendment from RU, Residential Urban Classification to the INS, Institutional Classification; and (b) Rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District. Proposed Use: Existing nursing facility and assisted living facility. Neighborhood Association(s): Virginia Groves, Paula Clemens, 1746 St. Croix Dr., Clearwater FL 33759. Presenter: Marc A. Mariano, Planner. Member Mazur declared a conflict of interest. The Future Land Use Plan amendment and Rezoning application involves four parcels of land, approximately 35.7 acres in area, and is occupied by two assisted living facilities containing 530 beds and one skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. In accordance with the Countywide Plan Rules, the land use plan amendment is subject to approval by the Pine lias 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 required. An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional (INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District for the subject property is necessary to bring this existing non-conforming use into compliance with the Community Development Code. The neighborhood is surrounded by single-family residential dwellings to the north and south; a cemetery to the east; and a mobile home park and offices to the west. Community Development - 2003-0520 15 5/20/03 The proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent 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 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2) amend the zoning district designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from the LMDR, Low Medium Density Residential District to the I, Institutional District. See Item C10. 7. Case: ANX2003-02004 - 3119 San Mateo Street Leve/3 Application Owner/Applicant: Zivan Jovanov (305-345-2039). Location: 0.16-acres located on the south side of San Mateo Street, approximately 200 feet east of McMullen Booth Road and 1,500 feet north of Drew Street. Atlas Page: 283A. Request: (a) Annexation of 0.16 acres to the City of Clearwater; (b) Land Use Plan amendment from the RU, Residential Urban Classification (County) to the RU, Residential Urban Classification (City); and (c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City). Proposed Use: Single-family dwelling. Neighborhood Association(s): Del Oro Groves Estates Neighborhood Association; Lucille Casey, 3235 San Mateo Street, Clearwater, FL 33759. Presenter: Marc A. Mariano, Planner. The subject property is on the south side of San Mateo Street, approximately 200 feet east of McMullen Booth Road and 1,500 feet north of Drew Street. The applicant is requesting this annexation to receive City sewer and water service. The property is contiguous with the City boundaries to the north and south; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The vacant site is approximately 0.16 acres in area. It is proposed that the property have a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of LMDR, Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, water, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the required water impact fee and sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer and water systems. The proposed annexation and proposed use are consistent with the City's Comprehensive Plan and the Countywide Plan with regard to both the Future Land Use Map as well as the goals and policies. The future use of this site as a single-family attached dwelling is consistent with the LMDR zoning district. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Community Development - 2003-0520 16 5/20/03 Owners/Applicants: William Garced and Lydia Ortiz Garced (727-724-1879). Location: 0.18-acres located on the east side of Grove Drive, approximately 150 feet north of State Route 590. Atlas Page: 264A. Request: (a) Annexation of 0.18 acres to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Classification (County) to the RL, Residential Low Classification (City of Clearwater); and (c) Rezoning from the R-3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City). Proposed Use: Existing single-family dwelling. Neighborhood Association(s): Virginia Groves, Paula Clemens 1746 St. Croix Dr., Clearwater FL 33759. Presenter: Marc A. Mariano, Planner. The subject property is on the east side of Grove Drive, approximately 150 feet north of State Route 590. The applicant is requesting this annexation in order to receive City sewer service. The property is contiguous with the existing City boundaries to the east; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.18 acres in area and is occupied by an existing single-family detached dwelling. It is proposed that the property have a Future Land Use Plan designation of Residential Low (RL) and a zoning category of LMDR, Low Medium Density Residential. The proposed annexation can be served by City of Clearwater services, including sanitary sewer, solid waste, police, fire and emergency medical services without any adverse effect on the service level. The applicant has paid the required sanitary sewer impact fee and assessment fee and is also aware of the additional cost to connect the property to the City sewer system. The proposed annexation and existing use are consistent with the City's Comprehensive Plan and the Pine lias Planning Council's Countywide Plan Rules with regard to both the Future Land Use Map and the goals and policies. The existing and future use of this site as a single- family detached dwelling is consistent with the LMDR zoning district. Finally, the proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency with existing City boundaries and is compact in concentration. Based on the above analysis, the Planning Department recommends the following actions on the request: 1) Approval of the annexation of the property located at 1709 Grove Drive' 2) approval of the Residential Low (RL) category pursuant to the City's Comprehensive Plan; and 3) approval of the LMDR, Low Medium Density Residential zoning district pursuant to the City's Community Development Code. Member Gildersleeve moved to approve Consent Agenda Items C1, Case FLD2003- 003-03015 for 550 North Bayshore Boulevard; Item C4, Case FLD2002-12044 for 100 North Lady Mary Drive; Item C7, Case ANX2003-02004 for 3119 San Mateo Street; Item C8, Case ANX2003-03005 for 1837 Beverly Circle; Item C9, Case ANX2003-03006 for 1517 Calamondin Lane; and Item C10, Case ANX2003-03007 for 1709 Grove Drive. The motion was duly seconded and carried unanimously. Member Gildersleeve moved to approve Consent Agenda Item C5, Case FLD2003- 03016 for 2701,2720,2751, and 2770 Regency Oaks Boulevard, and Item C6, Case LUZ2003- Community Development - 2003-0520 19 5/20/03 03002 for 2701, 2720, 2751, and 2770 Regency Oaks Boulevard. The motion was duly seconded and carried unanimously. Member Mazur abstained. D. NON-CONSENT AGENDA (Item 1): 1. Case: FLD2003-03013 - 20 Island Way Leve/ 2 Application Owner/Applicant: City of Clearwater, William Morris, Director of Marine and Aviation. Representative: William Woods; Woods Consulting, Inc. (fax: 727-786-7479/ work: 727- 786-5747/ cell: 727-204-1134/ email: billwoods@woodsconsultino,oro). Location: 2.1-acres located on the west side of Island Way, approximately 400 feet north of Causeway Boulevard. Atlas Page: 267B. Zoning: P, Preservation District. Request: Flexible Development approval for the construction of a City-operated, public, commercial dock (nine new slips) at 20 Island Way, under the provisions of Section 3- 601. Proposed Use: A nine-slip, (public) commercial dock to be owned and operated by the City of Clearwater. Neighborhood Association: Island Estates Civic Association, P. O. Box 3154, Clearwater, Fl, 33767. Presenter: Mark T. Parry, Planner. The 2.1-acre site on the west side of Island Way, approximately 400 feet north of Causeway Boulevard, consists entirely of submerged land and is located completely within the public right-of-way. It is bordered by 20 Island Way (Island Way Grill) to the north and Island Way to the east and is currently undeveloped. The site is at the terminus of the waterway in which it is located. The area is characterized by multi-family residential developments, primarily to the northeast, and a variety of nonresidential uses including gas stations, boat sales, places of worship, retail sales and service and restaurants. Section 3-601.C.3 requires docks constructed or maintained by the City of Clearwater to be reviewed as part of a level Two, Flexible Development application. The applicant (the City of Clearwater) seeks to construct a nine-slip dock within the public right-of-way along the south side of 20 Island Way. The proposed City-owned and operated dock will serve as an amenity to the citizens and tourists of Clearwater and is consistent with the existing pattern of docks in the area. This dock will have no launching area. There will be no commercial activities at this dock including bait sales, vending, etc. or overnight docking. The un-staffed dock will on a first comelfirst served basis and will be free to the public. The proposed dock has been specifically designed to discourage boat access over marine grassbeds and other aquatic resources in the surrounding area, including a small grassbed, 750 square feet in area, located in the far northeast corner of the site. Signage will be permanently installed containing wording warning boaters of the existence of protected sea grasses and manatees in the vicinity. There is approximately 300 feet between the end of the proposed dock and the southern edge of the waterway along Causeway Boulevard. The dock will be located in an area with a minimum water depth of nine feet, providing adequate depths to avoid prop dredging. The surrounding waterway to the south has depths of up to 12 feet. Community Development - 2003-0520 20 5/20/03 CITY COMMISSION MEETING CITY OF CLEARWATER June 19, 2003 Present: Brian J. Aungst Hoyt P. Hamilton Whitney Gray William C. Jonson Frank Hibbard Mayor/Commissioner Vice-Mayor/Commissioner Commissioner Commissioner Commissioner Also present: William B. Horne II Garry Brumback Ralph Stone Pamela K. Akin Mary K. (Sue) Diana Patricia O. Sullivan City Manager Assistant City Manager Assistant City Manager City Attorney Assistant City Clerk Board Reporter The Mayor called the meeting to order at 6:00 p.m. at City Hall. The invocation was offered by Pastor Jay Sloan of the Central Church of Nazarene. The Mayor led the Pledge of Allegiance. ITEM #3 - Introductions. Awards and Presentations a) Local Option Gasoline Tax - Steve Spratt Pinellas County Administrator Steve Spratt said following last Fall's transportation summit, which focused on transportation and traffic congestion, community summit leaders reached consensus that the County has approximately $1.3-billion in unfunded transportation needs and made a call for action. Mr. Spratt said when pressed for funding, the state and federal governments have expressed concern regarding unused capacity at the local level. The Pine lias County Board of Commissioners concluded transportation projects could not be identified and community consensus reached prior to July 1, 2003, to become effective January 1, 2004, and delayed consideration of increasing the local option gasoline tax until 2004. He said the County would like to negotiate the inclusion of various projects as well as discuss revenue sharing with the cities. Clearwater now receives about $912,000 annually from the existing 6-cents local option gas tax. It was noted concern had been expressed at a recent Mayors' Council regarding the need to maximize the local gasoline tax and it was recommended the education process clarify this issue. Mr. Spratt said non-levied taxes are not a definitive disqualifier for federal funding but make it more difficult to argue for State and Federal funding if the County has untapped capacity. All member counties of the Tampa Bay Partnership have been encouraged to maximize their local capacity. Concern was expressed with the current 75:25 tax split with municipalities. It was hoped the City could negotiate a more favorable division. It was suggested Clearwater may support an increase to the local gasoline tax if proceeds can be used for projects, such as Beach Walk, which are important to the County's economy. It was indicated the City pays the highest bed tax in the County. Commission 2003-06-19 1 Affordable Housing Advisory Board), reviewed the applications, scored them, and set forth a strategy to maximize the number of Public Service applicants that will receive a portion of allocated Public Service Funds. This year's Action Plan process incorporated: 1) January - staff advertised funding availability; 2) February - staff conducted a workshop for interested applicants; 3) applicants given 30 days to complete their applications and return them to the City by mid-March; 4) late March - applicants given opportunity to speak to TRC and NAHAB regarding their programs on day of bus tour; 5) staff reviewed each application to ensure it met HUD's baseline requirements. This step is performed on a "pass/fail" basis; 6) applications then were distributed to TRC members; and 7) The TRC reviewed the applications on the basis of the ranking criteria contained in the application and based upon the City's 5-Year Consolidated Planning Document. Each year, the City may allocate up to 15% of its CDBG allocation for Public Services organizations. The City is permitted to go above the 15% if a Public Service activity takes place in one of the City's two Neighborhood Revitalization Strategy Areas (North and South Greenwood). Under the Public Services category, agencies competed for approximately $177,000 in CDBG funds. The Housing Division received requests for Public Service funding in excess of $422,000. NAHAB adopted a sliding scale for Public Service applicants that allowed the top two scorers to receive 60% of their request, the next two to receive 50% of their request, and others to receive 40% of their request. This allowed all Public Service applicants to receive funding, rather than some agencies not receiving any funding. This year there was a tie between the top two organizations so the top three received 60% of their funding requests. In terms of Public Facility funding, only two agencies that applied for Public Facility funding were not funded due to their ranking and not enough funding. If additional CDBG funds become available during the fiscal year, the City will contact those agencies to see if they are still in a position to move forward with their original proposal. If they are still interested, staff will request the City Commission to authorize funding for those agencies. Those organizations that only applied to be a "Participant" in the City's Housing Pool will enter into agreements with the City during the summer. Organizations that are receiving actual funding allocations will have agreements prepared and executed by October 1, 2003. Commissioner Hamilton moved to approve the City of Clearwater's Fiscal Year 2003/04 Consolidated Action Plan to carry forward the goals and objectives set forth in the five year Consolidated Plan created in 2000 as required by HUD and authorize the City to enter into agreements with organizations contained in the FY03-04 Consolidated Action Plan. The motion was duly seconded and carried unanimously. ITEM #7 - Public Hearino & First Readino - Ords. #7124-03 & #7125-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to Institutional (INS) and Zoninq Atlas Amendment from LMDR. Low Medium Residential District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Reqency Oaks Blvd. (A portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16). LUZ2003-03002 PLD This subject site is located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. The application involves four parcels of land, approximately 35.7- Commission 2003-06-19 4 acres in area. The site is occupied by two assisted living facilities containing 530 beds and one skilled nursing facility containing 120 beds, all totaling 146,524 square-feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and was developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category, but making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District, to render this site conforming. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: 1) The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan; 2) The potential range of uses and the current use are compatible with the surrounding area; 3) Sufficient public facilities are available to serve the property; and 4) The applications will not have an adverse impact on the natural environment. In accordance with Countywide Plan Rules, the land use plan amendment is subject to approval of the Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning Authority. Due to the size of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its May 20, 2003 meeting and unanimously recommended approval. Commissioner Jonson moved to approve a Land Use Plan Amendment from the Residential Urban (RU) category to the Institutional (INS) category and a Zoning Atlas Amendment from the LMDR, Low Medium Density Residential District to the Institutional (I) District for property located at 2701, 2720, 2751, and 2770 Regency Oaks Boulevard (a portion of metes & bounds 21/00, all of metes & bounds 21/01, all of metes & bounds 21/02, and a portion of metes & bounds 21/03, Section 5, Township 29 South, Range 16 East), and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Ordinance #7124-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7124-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None Ordinance #7125-03 was presented for first reading and read by title only. Commissioner Hibbard moved to pass Ordinance #7125-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. Commission 2003-06-19 5 "Nays": None ITEM #8 - Public Hearina & First Readina - Ords. #7126-03. #7127-03 & #7128-03 - Approve the petition for Annexation. Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zonina Atlas Amendment from the County R-3. Sinale Family Residential District. to the City LMDR. Low Medium Density Residential District. for 3119 San Mateo St. (Lot 13, Del Oro Gardens in Sec. 09-29-16). ANX2003-02004 PLD This subject site is located at 3119 San Mateo Street, on the south side of San Mateo Street, approximately 200 feet east of McMullen Booth Road and 1 ,500 feet north of Drew Street. The subject property is approximately 0.16 acre in area and the owner currently is constructing a single-family dwelling. The property is contiguous with existing City boundaries to the north and south; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The purpose of the annexation is to enable the applicant to receive City water and sewer service. A Future Land Use Plan designation of Residential Urban (RU) is proposed along with a zoning category of LMDR, Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: 1) The proposed annexation will not have an adverse impact on public facilities and their level of service; 2) The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code; and 4) The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the boundaries and does not create an enclave. This annexation has been reviewed by the PPC (Pine lias Planning Council) and Pinellas County staffs, according to the provisions of Pinellas County Ordinance No. 00-63, Section 7(1- 3), and no objections have been raised. On May 20,2003, the Community Development Board reviewed this proposed annexation and unanimously recommended approval. Commissioner Hamilton moved to approve the Petition for Annexation, Land Use Plan Amendment from County Residential Urban (RU) to City Residential Urban (RU) and Zoning Atlas Amendment from the County R-3, Single-Family Residential District, to the City LMDR, Low Medium Density Residential District for 3119 San Mateo Street (Lot 13, Del Oro Gardens in Section 9, Township 29 South and Range 16 East) and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. Ordinance #7126-03 was presented for first reading and read by title only. Commissioner Jonson moved to pass Ordinance #7126-03 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gray, Hamilton, Jonson, Hibbard, and Aungst. "Nays": None Ordinance #7127-03 was presented for first reading and read by title only. Commissioner Gray moved to pass Ordinance #7127-03 on first reading. The motion was duly seconded and upon roll call, the vote was: Commission 2003-06-19 6 Comprehensive Plan Citizen 0. .::sy Information List Page 1 of 1 Comprehensive Plan Citizen Courtesy Information List Local Government: Hearing Date: [iLl I O~(1e b I c I~{ (f.IcJ~ { /91 Ja)3 I Type Hearing: Transmittal (Proposed) Adoption DCA Amendment Number: (DCA Official Use) Please Print Clearly By providing your name and address you will receive information concerning the date of publication of the Notice of Intent by the Department of Community Affairs. . Check Citizen Address, City, Appropriate Identify Amendment Name State, Zip Code Response( s) which is of Interest Written Spoken Comment Comment I II II II II II II II II II f':1~.11C! .\Dl".--.--;.--"Of.. ')()T)"'......,rtnH'nt\T)r Ii \') rrm"lnrph pm:; w,O/n? ()PhmO/n ?()r;t;7p.noln?()r()l1rtP.~ 7010001 CITY OF CLEARWATER APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT (INCLUDING FUTURE LAND USE MAP AMENDMENT) PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: Regency Oaks, LLC, a Delaware limited liability company, and APPLICANT NAME: Sylvan Health Properties, LLC, a Delaware limited liability company c/o Neil Ezell, Johnson Ezell Corporation MAILING ADDRESS: 18167 U.S. Hwy. 19 North. SuitE"! fi6n. r.lprll"Wrltp'r. FT. 117h4 PHONE NUMBER: 727-530-5522 Ext. 201 FAX NUMBER: 727-530-0378 PROPERTY OWNERS: Regency Oaks, LLC - As to Tract A (list all owners) Sy 1 van Health Properties, LLC - As to Tract B. AGENT NAME: E. D. Armstrong 11.1, Esquire, of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. MAILING ADDRESS: P. O. Box 1368. Clearwater. FL 1~7S7-11hR PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 SITE INFORMATION: h LOCATION: As s own on Vicinity Map depicted on survey 1.//U, 1./::Jl., STREET ADDRESS: 2701 and 2720 Regency Oaks Blvd. LEGAL DESCRIPTION: See Exhibit "A" attached hereto and incorporated herein. PARCEL NUMBER: OS/29/16/00000/210/0000; SIZE OF SITE: 35. 7 acres orl, 555, 119 .s'l:- ft. ~_ OS/29/16/00000/2]O/O]nn~ nS/2Q!]h/nnnnn/210/0 00 OS/29/16/00000/210/0 00 FUTURE LAND USE CLASSIFICATION: PRESENT: Residential Urban REQUESTED: . _ Irlstltutio-ncil ZONING CLASSIFICATION: PRESENT LMDR REQUESTED: I PROPOSED TEXT AMENDMENT: N/A See additional information. (use additional paper if necessary) d'r- I ~i; l, .r-- \ J.7 ,C, li \ ~- t .~. . I (We), the undersigned, ackno ~~hjlt-atf vL . ....STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this ap tic lOR( r--- '---Sworn to and subscribed before me this i :? 17...., day of ~ l~''''W----' " - ' i APR 2 5I""\t"'''!'''', I ' \.",.\ \...--'" Pl..:\,...:';iNG ';,:':VEl.ot..-,; f ~: .-', ~/iC~::3 .:' .';'.'J:-,-~-n are true and accurate to the best of my/(our) knowledg . / / S nature of property owner or r!Wre ta VE\ E. D. Armstrong III, Esqu1re Representative Signature of property owner or representative Jn~ byE.D. Arrnstronq III personally known h~d . A.D., -*l 2L>05 to me ,who is _ a.s-1deotifiSafleA..- NO~ my commission expires: t:,.~ ..1<*Y:'f~~ Jayne E Sears N"Ji.\*~ MY COMMISSION # 00041066 EXPIRES ~~'~'~"l September 2, 2005 "~.9r.,r.-~" ~N!lED THRU TROY FAIN IHSU.ANC~ IHe. EXHIBIT "A" Legal Description ofLUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast 1f4 of the Northwest Y4 of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast Y4 of the Northwest Y4 of said Section 5; thence N 890 39' 17" W, along the South line of the Northeast Y4 of the Northwest Y4 of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 89039' 17" W, along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the Northeast Y4 of the Northwest Y4 of said Section 5, for 270.50 feet; thence N 60036' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North Y4 corner of said Section 5; thence S 000 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast Y4 of the Northwest Y4 of said Section 5; thence N 89039' 20" W, along the South line of the Northeast Y4 of the Northwest Y4 of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast 1f4 of the Northwest 1f4 of said Section 5; thence N 00048' 20" E, along the West line of the Northeast 1f4 of the Northwest Y4 of said Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32" W, for 123.81 feet; thence SOlo 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. EXHIBIT "B" TO REZONING PETITION AND COMPREHENSIVE PLAN AMENDMENT APPLICATION Portions of the subject property are currently zoned "LMDR", "I" and "P", with accompanying land use designations of "Residential Urban", "Institutional" and "Preservation." The Applicants request rezoning and a land use plan amendment to change that part of the property zoned "LMDR" and designated "Residential Urban" to "I" and "Institutional," respectively. To the extent that portions of the property are designated as "Preservation", the Applicants are not seeking to change that designation. The reason for this request is that it has recently come to the attention of the Applicants that the Regency Oaks project, consisting of a 530-bed assisted living facility, located on Tract A, and 120-bed skilled nursing facility, located on Tract 8, is currently a nonconforming use in the "LMDR" district. Tracts A and 8 were recently sold to the Applicants, creating two separate building tracts, with regard to setbacks and other development parameters. The City of Clearwater issued zoning letters, dated October 3, 2002, on each of the tracts, outlining steps that could be taken to bring the parcels into conformance, including the requested rezoning and land use plan change. The property was annexed in 1987, zoned "RPD" as to the majority of Tract A and Public/Semi-Public as to the majority of Tract B. The 530-bed assisted living facility was an approved use under the "RPD" district and the skilled nursing facility was approved by conditional. use (Case #87-92). The project was constructed pursuant to a certified site plan with attendant modifications in 1990, 1991, 1992, 1994, 1995 and 1996. In 1999, when the City adopted the Community Development Code, the City revised the zoning atlas and comprehensive plan to designate the parcels as they are currently designated. The current uses are not allowed in the LMDR zoning district, which encompasses most of the site. The applicant has simultaneously filed an application for flexible development approval for a. comprehensive infill redevelopment project in connection with existing nonconformities related to building height, number of parking spaces and parking area setbacks. There is no additional development proposed at this time which would impact public facilities, the natural environment or use of property within the immediate area. . #288549 v1 EXHIBIT "C" TO REZONING PETITION AND COMPREHENSIVE PLAN AMENDMENT APPLICATIONS Disclosure of Interest Statement As to Tract A: SHP Senior Housing Fund, LLC, a Delaware limited liability company Manager of Regency Oaks, LLC SHP Asset Management, LLC, a Delaware Manager of Senior Housing Fund, LLC limited liability company Craig E. Anderson Manager of SHP Asset Management, LLC As to Tract B: Clearwater Land Company, a Florida corporation Manager of Sylvan Health Properties, LLC R. Kelley Johnson, President' Neil Ezell, Vice President Officers of Clearwater Land Company #288631 v1 CITY OF CLEARWATER APPLICATION FOR ZONING ATLAS AMENDMENT PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2nd FLOOR PHONE (727) 562-4567 FAX (727) 562-4576 APPLICANT, PROPERTY OWNERS, AND AGENT INFORMATION: Regency Oaks, LLC, a Delaware limited liability company, and APPLICANT NAME: Sylvan Health Properties, LLC, a Delaware limited liability company c/o Neil Ezell, Johnson Ezell Corporation MAILING ADDRESS: 18167 U.S. Hwv. 19 North. Suite 660. Clearwater, FL 33764 PHONE NUMBER: 727-530-5522 Ext. 201 FAX NUMBER: 727-530-0378 PROPERTY OWNERS: Regency Oaks, LLC - As to Tract A (list all owners) Sylvan Health Properties, LLC - As to Tract B AGENT NAME: E. D. Armstrong III, Esquire, of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. MAILING ADDRESS: P. O. Box 1368, Clearwater, FL. 33757-1368 PHONE NUMBER: 727-461-1818 FAX NUMBER: 72 7-462-0 365 SITE INFORMATION: h . . . . d lOCATION: As s own on V~c~n~ ty Map dep~cte on survey 2770, 2751, STREET ADDRESS: 2701 and 2720 Regency Oaks Blvd. LEGAL DESCRIPTION: See Exhibit "A" attached hereto and incorporated herein. PARCEL NUMBER: OS/29/16/00000/210/0000; OS/29/16/00000/210/0100; OS/29/16/00000/210/0 00 OS/29/16/00000/210/0 00 EXISTING ZONING: LMDR PROPOSED ZONING: Institutional LAND USE PLAN CLASSIFICATION: Currently RU - Requesting I. SIZE OF SITE: ~5.7:acres or 1,555~119 sq.'ft. REASON FOR REQUEST: See Exhibit liB" attached hereto and incorporated herein. I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge. STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this III n~ day of March ,A.D., fg{2003 to me and/or by E. D. Armstronq III , who is personally known IT~ (~s- ~Hisatioo. _ i! Signature of property owner or represen Ie'......'. II '. . -~~~:-. t. .4,e.a/1....-CJ.-". E. D. Armstrong III, ESq'i~. J . ~ ," L.. mycommrssio~expires: Representative i' /r-:'- . 1 ,;-""< " , ". . .. -- ,.~~.~:'f~";" JO'y'ne E. Sears . [:~.. ~ ~;~ MY COMMISSION # 00041066 EXPfRES . ::~~.'" ..""= ;)_ I L. .U ~ I \ "~i:iif.:\~'t':.. BONDED THW TROY FAIN INSURANCE, INC , L ..~.. ___. .P?JJ~_1 of 2 P...J'"\!':,';0,1r.' ',.- -.., ._' '.,,,..' ,r-- r ,. -,' . EXHIBIT "A" Legal Description ofLUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast 1f4 of the Northwest 1f4 of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast comer of the Northeast 1f4 of the Northwest 1f4 of said Section 5; thence N 890 39' 17" W, along the South line of the Northeast 1f4 of the Northwest 1f4 of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 89039' 17" W, along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the Northeast 1f4 of the Northwest 1f4 of said Section 5, for 270.50 feet; thence N 60036' 58" E, for 463.00 feet; thence S 29023' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North 1f4 comer of said Section 5; thenceS 000 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast comer ofthe Northeast 1f4 of the Northwest 1f4 of said Section 5; thence N 890 39' 20" W, along the South line of the Northeast 1f4 of the Northwest 1f4 of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the Southwest comer of the Northeast 1f4 of the Northwest 1f4 of said Section 5; thence N 00048' 20" E, along the West line of the Northeast 1f4 of the Northwest 1f4 of said Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32" W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence S 00029' 48" E,for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. EXHIBIT "B" TO REZONING PETITION AND COMPREHENSIVE PLAN AMENDMENT APPLICATION Portions of the subject property are currently zoned "LMDR", "I" and "P", with accompanying land use designations of "Residential Urban", "Institutional" and "Preservation." The Applicants request rezoning and a land use plan amendment to change that part of the property zoned "LMDR" and designated "Residential Urban" to "I" and "Institutional," respectively. To the extent that portions of the property are designated as "Preservation", the Applicants are not seeking to change that designation. The reason for this request is that it has recently come to the attention of the Applicants that the Regency Oaks project, consisting of a 530-bed assisted living facility, located' on Tract A, and 120-bed skilled nursing facility, located on Tract 8, is currently a nonconforming use in the "LMDR" district. Tracts A and 8 were recently sold to the Applicants, creating two separate building tracts, with regard to setbacks and other development parameters. The City of Clearwater issued zoning letters, dated October 3, 2002, on each of the tracts, outlining steps that could be taken to bring the parcels into conformance, including the requested rezoning and land use plan change. The property was annexed in 1987, zoned "RPD" as to the majority of Tract A and Public/Semi-Public as to the majority of Tract 8. The 530-bed assisted living facility was an approved use under the "RPD" district and the skilled nursing facility was approved by conditional use (Case #87-92). The project was constructed pursuant to a certified site plan with attendant modifications in 1990, 1991, 1992, 1994, 1995 and 1996. In 1999, when the City adopted the Community Development Code, the City revised the zoning atlas and comprehensive plan to designate the parcels as they are currently designated. The current uses are not allowed in the LMDR zoning district, which encompasses most of the site. The applicant has simultaneously filed an application for flexible development approval for a comprehensive infill redevelopment project in connection with existing nonconformities related to building height, number of parking spaces and parking area setbacks. There is no additional development proposed at this time which would impact public facilities, the natural environment or use of property within the immediate area. #288549 v1 EXHIBIT "e" TO REZONING PETITION AND COMPREHENSIVE PLAN AMENDMENT APPLICATIONS Disclosure of Interest Statement As to Tract A: SHP Senior Housing Fund, LLC, a Delaware limited liability company Manager of Regency Oaks, LLC SHP Asset Management, LLC, a Delaware Manager of Senior Housing Fund, LLC limited liability company Craig E. Anderson Manager of SHP Asset Management, LLC As to Tract 8: Clearwater Land Company, a Florida corporation Manager of Sylvan Health Properties, LLC R. Kelley Johnson, President' Neil Ezell, Vice President Officers of Clearwater Land Company #288631 v1 M. AFFIDAVIT TO AUTHORIZE AGENT: Regeney Oaks, LLC, a Delaware Jimi~ed liability company (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) 0" the following described property (address or generalloeatlon): '..' Regency- Oaks Boulevard, xnc:r@ particularly described on Exhibit "A" attached hereto and incorporat~d herein. 2. That this property constitutes the property for whicl1 3 reQV'lst for u: (dosc:1be r~(luestl ReZPl'l.;i,.~g . from ~R..tc? Inst.i-t;.ution.aJ.:. anQ, Land'.!.Tse .Plan Amendment. from Residen~i~~ Urban to Institutional 3. That the undersigned (has/have) appointed and (does/do) "ppoint Vecchioli, Esquire, of Johnson, Blakely, Pope, Bokor, Ru~pel & Burns, P.A. E. D. Ar.mstrong III, Esquire or Joan M. as (his/their) agant(:;) to execute any petitions or other dot IJments necessary to atred such petition: 3. That this affidavit has been ~eclJted to induce the City of Clearwater. Florida to cOllSlder and act on tho above! described property: 4. That the applicant acknowledges that all irnp<I(;t fees (parle; 3hd recr'e::ltion. tmffie. !lIe.) wUl be paid PRIOR to the Issuance ot a building petmit. certificate of occupancy, or othar maehanlsm. whichever OI:CUrs first; 5. That site visits to the property are necessary by City representatives in order to process this acpllcatJon and the owner authorizes City t"epresentatlv0s to vls!t and photograph the property described ill this application; 6. That (I/we). the undersigned authority, hereby certify thst the foregoing Is true <lnd correct. SHP Senior Housing Fund, LLC, a Delaware limited liability , By SHP Asset ManageRmm~,o\lflOC, a Delaware limited liability Property Owner a er ST ATE OF 'NEW. 'YORK g BURROUGH OF MANHATTAN Before me lh9 unders!gnad. an officer duly commissioned by.th1l1aws oflh8 I Ja. on this (fff/' day of March, . 2003 personallyaopeared CraJ.g E. Anderson, Manager'" who ~ing been first duly swom Oepo$esand says tJ'lat he/sha fUllY. und. erstandS.' th.e. c..c;~..t.,.~....~.t~,,,~l the affidavit that hll/Sh~. ._ ? ~ ~ MYCotnmisSi0f1EXPlrQs/~~t77'; ',,, .' /'~ff~,_~ '.N. // otaty bUe '!'~"I~;,;1~~t~;, ~~?~~~~ ' S:\PJenning DefJlI1fm~flMppIJC:5tJQfl FQftnl;ldeveJofJment revlewl2002 FC'lTls\comor-ehenslW illlill f..~f"C8tJon 2002.dor: ;' . ". '.--........'-, *of SHP Asset Management, LLC, a Delaware limited /lial;t~Ji.i'jiY"OQm.pany, Manager Housing Fund, LtC, a Delaware limited liability , +npani,i'Ma:nager"-GfRegency a Delaw~:re li.:mited liability company I on behalfp~'i(l. compaI1-y,.'----.... ;,.,....... ,( ('-......... :..... ., "" " '~. ~ of SHP Senior Oaks, LLC, '- p -'. 01tv!\,/;::--..... G/I''''~ ("... .~.,: Ct......, ~,;:..,;..c..V['11"'1 . ./ ~.. ,,,,:.. "~vl"""',~, 'l._'r',' 1.._1," (\; L.[:S "'L --', t..1..~ l1.. r '. I.V...... '.. i /:):1 Page 7 of 7 - FleXible Development Appllca'jon - Comprehensive Infill Redevelopment Pro , (,f -'-. API( 2 5" )Q~_~ cn/'n'~ CC~-I J IQAI1717Jn. 1'~~V'Qlwn~w~nr-WOJ~ Wdlc:cn ~n-~I-~n , Exhibit "A ~ TRACT A: Being a portion of the Northeast ilL of the Northwe;:.~ ~;4 of Section S, Township 29 South, Range 16 East, Pinallas County, Florida and t eing more par'tic::lariy described as follows: COMMENCE at the Southeast corner o' the Notthe.:.st :'/4 'of the Northwest 1/4 of said Section 5: thence N. 89 de'::m:es ~9' 20" W., aJo..,c the South line c~ the Northeast 1/<1. of the Northwest :./4 or said Section 5. for 33.00 fee!: to th~ -POINT OF SEG~NNING; thence continue N. 89 degrees 3i?' 20" W., elonQ said South line and alol' 9 the Northe~y boundary lines of ROSINWOOD SUBDIVISION, R06INWOOD SU6DIVISION :=IRST AI:J0!710N and THE ELKS, as re-:orded in Plat Soak 52., page 99, plat Bock 61, paQe 38 and Plat Eook 95, page 90, respectively, of the Public Rec~rds of Pinellas County, Florida, for ~31LCS" re'!t tc the Northwest come:- of aforesaid plat of Tr-IE ELKS: thence N. 00 degrees A.S' :;6" E., along th= West line of the Northeast '1./4 of the Northwest 1/4 of said Se~ion 5, for 1336.20 fe~~ to;; tM!; Sau'[hwest carner of the plat of U-KE C;-.lAUTAUQUA ESTATES, i:S f==oroed n Plat Soak ;0, ~::ge 22. of the Public: Records of Pine!lc$ County, r:;lNlda; thence S. 89 de~r;;~~. .1.2' 36" ::., a:cn~ ~he North line of the Nortneast ':.../'- of the Non:hwes\: l/<1. of said 5e~lon S (bein2 the basis of j==,ings of this descrtoticn), same also be!ng the South boundary lir"1e of aroresalC .:.AKE C:-!AUTAlJQl.:~ E5TATE5, for 630.00 f.:st to the point ':if inte:-section with the We~e:ly ri~nt-o;."""2Y lin~ of ilD ~=:; E.o.Sl~ thence S. 00 degrees 02' 32.H W.. along saki Wesi:er1y rignt-of-way line. for ::'O.OC f:~,:: thence S. 89 degrees 42' 36" E., :!ong the south right.~f-way lIne of :t~C SIr=.E:T E.~S, an: ~iong ::; line 30.00 Feet South of and ;:;cralle~ (0 the North IJne cf the Northe~st ~/t. of tile Nortiiwe~ :(&. of said Section S. for 670.E3 fe~t to the W~st tight-of-way line of Sauie rOad; thence ~. 00 cegra9s 2.::2' 3~1t W., along a said We5\. line and along a line 33.00 fee': West of 310 para!le! tc :he =~st line of the Norti1e:s~ 1/<1. of the NorthweS: l/4 of s2.ici SeG:lon ;, for :.307 ,:3~ f;~: :.: i:iie POINT OF BEGINNING. ~=~s AND E..'<C:::?T Ti-ii:?,c;:;;:1,OM TnE ;;OL!..OWING \":) ~= KNOWN )..5 T?J..Ci B): o. COMMENC~ at the Southe~st c:orner,f the Norcneasi: :/L of the Northwest 1./'- of said Section 5; tl1e:lC:~ N. 8'? degre~$ 39' 20" W., along the South ;i.,e ::;:' the Non:i1east llL of the Northwest :..14 of sc::id Se~ion 5, also bejng the nort:'erly bour.dar! lii....:s of ?,C6!NWOOD SUBDIVISIQN,P,06INWQOD SU6iJIV.SION r::R.S7 -"DS:;;:ON anc Ti-lE ELKS, as re-:orded ir. ~\a:: Dook 52. page 99, Plat 6cok 61, paQ= 38 and ~Iat 3cc:.< 95, cage 90. resoe,:,:ive!y, of the Public Ke,:ords of Pine!las County. ~iorida, f~r 101.5.20 [!;':::: ~he POINT OF S~GINNING; thef'lce ;::ontlnue along said line N. 69 degre!!s 39' 20" 'N., Tor ~2.g.2S fest to the Nar.::hwest c::lrner of aforesaid plat Qf T~,E E:...i<:S; the:lce 1', 00 d~gr~~$ ":'':;' 55" E.. along the West line of the Ncrche~s, 1/4 or the Northwest :..14 of said Sec:ion 5. for 337.83 feet; thencS2 N. 37 degrees 22' .ILL" ~.. for 392.3!. feet; tne:1c: N 07 de~rees 5~" :'7" ;:, ~or Z~..:5 feet; thence S. 42 degrees 51' S7" =. for S7.73 feet; the:1c~ S. ~L de9rass 36 08" =., fer ::.~,2~ fee~; thence S. 44 degrees 35' 25" =., for ;;.Oi.76 fE!~t; thence S. 23 aegr!:~$ <iLl' 06" ::., for 1;C.5::' re:!t; the:"1ce S, ..w. de9re~s 10' 55" =.. for :'58.55 fes~'; ths:'lc= S, 2S degr==5 .<!.2' .13" ::.. for '~:.~= feet; thence S. 1'- de;:rees ~O' 3<;." ::., for 82,.18 feet; thenc!:: S. E3 degre<as ::3' 30" w., for ::'~.82 feet; thence N. 29 degrees 31' 38" W.. for 78.3t fee:; thenc~ S. 4i degre~s ~5' a,4" W., for '::25,::0 feet to the POINT OF BEGINNING, 19E-~ SO/EO.d SSE-l H98lvvHH ^'3~V'8'NOSNHor-WOJ~ WdlS:SO EO-El-EO M, AFFIDAVIT TO AUTIoIORIZIi AGENT~ SYlvan Health Properties, LLC, a Delaware limited liability company (Names of all property owners) 1. That (I amlwe a~) the owner(s) and record title holder(s) of the following described property (address or general location); See Exhibit "A" attached hereto and incorporated herein. The parcel is located on Regency Oaks Boulevard. 2. That this prorlerty constitutes the propsrty for which a request for a: (describe request) Rezoning from LMDR to Inst~tutio~al and Land use Plan Amendment from Residential Urban to Institutional. 3, Thattho undersigned (l1aslhaVG) appointed end (does/do) appoint: ~ D. Armstrong III, Esquire or Joan M. Vecchioli, Esquire, of Johnson, Bli~ely, Pope, Bokor, Ruppel & Burns, P.A. as (his/their) agent(s) to execute any petitions or other dooumenls neeessary to affect such petillon: 3. That this affidavit has boon executed to induce the City of Clel:llwater. Florida to consider and act on the above described property: 4. That the applicant acknowledges that all impact fees (pa.1<s and recteatiotl, traffic. etc.) will be paid PRIOR to the Issuance of a building permit. certlfleate of occupancy, or other meehanlsm, whichever occurs first: 5. That site visit$ to the property are necessary by City representatives In order to process this applleatlon and tlte QWl1er authorizes City representatives to visit and photograph the proDGrty descrlbetlln this application; 6. That (I/we), the undersigned authority, hareby certlfy thai the foregoing is true and correct. SYLVAN HEALTH ?ROPER'I'IES; LLC, a Delaware limited liability company, By Clearwater Land Company, Its Managing ~er :roperty Owner y. PropertY Owner 7~ c!Y-u- Neil Ezell, Vice President ST ATE OF FLORIDA, COUNlY OF PINELLAS ~ Sefore me the undersigned, an officer duly commissioned by the laws of ttle State of Florida. on this I ? day of March ,2003 personally appeared Neil Ezell, as vice President"whohavlngbeenfirstdulyswom Deposes and says that he/she fully understands the contents of the affidavit thai he/she signed. .. '. .... ~ Henry A Lounders,Jr. ~ a ~ My COmlTlISSloh E.xplres. .: ~ 'f.\ MVCOMMlSSION# DOO94295 EXPIRES .. ~ ~.' Malth 7, 2006 Notary pubhe , I 8QKtlIiO THRU TROYFAlN INSUllANCf. INC. $:\Plsnnlng DePSIf,."ontlAppllcstJon Farms\rJ~vt}lopmsnt revfew\2002 ':Omllllcomprehel1slvt Infl/lapp/lest/an 2002.doc *of Clearwater Land Company, Managing Member of SYLVAN HEALTH PROPERTIES, LLC, a Delaware limited liability' company, on behalf of said company, Page 7 of 7 _ Flexible OeVGlopment Application. ComprehensIve Infil1 Redavelopmetlt ProJect- City of Clearwater Elv-~ 90/Z0'd 88E-l 1l98l vvlZ1+ A'3~V'8'NOSNHor-WOJ~ WdOO:VO EO-vI-EO Exhibit "Ad TRACT B: 6eing a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East, Plnellas County, Florida and being further describe!=! as Follows: Commence at the Southeast corner or tl~e Northeast 1/4 of the Nor"'J1west 1/4 said Section 5; thence N. 89 degre~ 39'20"W., along tile South line (if the Northeast 1/4 of the Northwest 1/4 of said Se::tion 5, also being the northe:-ly boundary lines of ~OBINWOOD 5U5DIVISION, ROclNWOOD SUSDIVISION F::RST AClO[TION and THE E!.XS, as recorded in Plat Sook 52, page 99, Plat Book 61.. page 3S, and Plat Sock 95, Page 90, rasoectively, of the Public Records of Pinellas County, Florida, for 1015.80 fSHt to the Point of t:ie~innin9: thence contInue along said line N. 69 degrees 39'20"W., for 328.2~; feet to the Northwest come!" of aforesaid plat of THE ELKS; thence N. 00 degrees 48'55"'1:., ~long the West line of the Northeast 1./4 of the Northwest l/d of said Section 5, for 337.03 feo:t; thence N. 37 de-;raes 22'44"E., for 392.31 feet; thence N. 07 degrees 57''lI''E., for 29.S= fe~t; th'~!ice S. 42 deQre~s Sl'17"E:., for 57.73 feet; ehen<:e S. 3d de~rees 36'OS"E:, for 119.65 feet; ther:ce S. 44 degrees ~5'25"~.. for 107.76 feet; the!1Ce 5. 33 de~ree5 4Q'06"E., for 80.61 feet; therlce 5. 44 degrees l.;':5"~., for l.S8.S~ fee:; thence S. 26 degrees 4'2,'43"E., for 45.96 feet; thence S. 14 de~n~es :"0'34"'1;., for 82.48 fee~; thence S. 63 . dearees 33'SO"W., for 19.88 feet; tllen:e N. 29 de9rees 2!.'38"W.. far 78.31. feet: thence S. d.7 de~re'2s aS44"W.. for 328.30 feet to t~le Point of Beginning. ". Regency Iract B ~Iv_~ cn/~n.~ aa~_1 J I a a I vv J". 1 '::I\ll/,Cl' ~IMLlun~_UJn J J UJdnn~bn ~n_bl_~n . M. AFFIDAVIT TO AUTHORIZE AGENT: Regency OaKs, LLC, a Delaware limi~ed liability company (Names of aU property owners) 1. That (I am/we are) the owner(s) and record title holder(s) 0'- Ihe following described property (address or general location): ',-' Regency' Oaks BoulevaX'd, mer@. pa:rticularly described on Exhibit "A" attached hereto and incorporated herein. 2. That this property conl5titutes the property for whicl1 3 requ'lst for a: (descrlbe rMuestl Rezon:i,.~g . from U1DRutQ Insti~ut;ion.al, anq Land'_!Jse .Plan Amendment. f.r'oJ.il Residen~i~~ Urban to Institutional 3. ThaI the undersigned (has/haVl~) appointed and (does/do) 'lppoint; Vecchioli, Esquire, of Johnson, BlakelY, Pope, Bokor, Ru~pel & Burns, P.A. E. D. Ar,mstrong III, Esquire or Joan M. as (his/their) agent(~) to execute any petitIons or other dO(l.ltnents necessary to affect such petition: 3. That this affidavit has been elCecl.lted to induce the City of Clearwater, Flonda to consider and act on the abovB described property: 4, That the applicant acknowledges that all irnp,lI;t fEiSS (park;; <ll1d recreation. traffic. etc.) will be paid PRIOR 10 the Issuance of a building pennit. certificate of occupancy. or other mechanism. whichever 01 :curs first; 5. That site visits to the property are necesssry by City reprasentl;itives in order to process this aoplleatlon and the owner authorizes City representatives 10 vlsJt and photograph the property described il. this application: 6. That (I/we), the undersigned authority, hereby certify thst the foregoing Is true and correct. SHP Senior Housing Fund, LtC, a Delaware limited liability , By SHP 1\sset Ma.nag~tt,O"'!lJOC:, a Delaware limited liability Property Owner nager STATE OF NEW. 'YORK BURROUGH OF MANHATTAN MaBefore hrne Ihe unders!9ned. an officer duly commissioned bY,thll laws of the 1_ J.a, oM this (~ day of rc:, . ~~ personally aopeared Cra~g E. Anderson, Manag€r~ who ~ng been fir:st duly sworn 0eI>_ arnJ """ .... ..".. Mly "od."""'" "', ""~~~0~ "', ..,,,,, "'" .~,.. ~~ _ ",0_",,,,,,, "-<PI""/:.?I ~ 7.0 ~;;,\~,~ ~~ S;\Plenning DefJ:Jlfmt!nt'.AppJlc:ltJon ~orms\development revlew\2002 Fe "ITl.!l\comllrehen~1V& illfil/ </Qf]/Ic;allon 2002. dor; *of SHP Asset Management, LLC, a Delaware limited liability company, Housing Fund, LLC, a Delaware limited liability company, Manager of a Delawa:re limi.ted liability co _ ehalf of said company/ Dr-- ~~o~~ U ',:, '; 1 2003 ! I PLAN I , -. ---.-..1 -.-' Manager of SHP senior Regency Oaks, LLC, FILE COpy Page 7 of 7 - FleXible Development Appllca'ion - Comprehensive Infill Redevelopmant ProJect- City of Clearwater 19€-~ 90/Z0'd 99€-1 11981vvLZH ^13~V18'NOSNHor-WOJ~ Wd19:90 €O-€l-€O , Exhibit ";..." TRACT A: Being a portion of the Northeast ilL of the No~hwe:.~ ":../4 of Section 5, Town:ship 29 South, Range 16 East, Pinellas County, Florida and t eing more partic:.liariy described as follows: COMMENCe:: at the Southeast corner a' the Norche=.:st :'/4 'of the Northwest 1(4 of said Section 5: thence N. 89 degrees ::9' 20" W., alor'lg the South line c~ the Northeast 1/4 of the Northwest ;,,/4 or said Section 5. for 33.00 fee~ to the POINT OF 5~G;:NNING; thence continue N. 69 degre~:s 3i?' 20" W.. elon9 said South line and alor 9 th~ Northe!":y ooundary lines of ROBINWOOD SUBDIVISION, R08INWOOD SU60IVISION FIRST AI)Dr710N and THE ELKS, as re~orded in Plat Sook 52., page 99, Plat Book 61, page 38 and Plat i:ook 95, page 90, respectively, of the Public Rec~rds of Pinellas County, Florida, for 131 ~.C~ fe~t tc the Northwest corne, of aforesaid plat of Tr"iE ELKS; thence N. 00 degre~$ A.S' :;6" E., along th::: West line or the Northeast !./4 of the Northwest 1/4 of said Se~ion 5. for 1336.20 fe~t t: :he SourhweSt corTler of the plat of ~Ki: C:-lAUTAUQUA ESTATES. c;S r:::::orae~ n Plat Soak ~[j, i:'~ge 22. of the Public: R2cords of Pine!tc:s County, [=Iorld,;;; thence S. 89 de'tr;::~~ .:1.2' ~6" =./ ~:cn\i ~he North line of the Northeast !.p.. of th::: Norchwes\: l/.i of said 5e':'.:fon 5 (bein~ the b;::sis of '~:::=,jngs of thi5 de:SCl"loticn), same also be!ng the: South boundary lire of aroresclo '..AKE C:-!AUTAIJQL.:'" ESTATE5, for 630.00 feet to the point ~f inte;section with tMe WeS,erly ri~nt-~~~way Iln~ of 2;~D 3":'K:::1 E,c..S1~ thence S. 00 degrees 02' 32." W.. along said Wes;:er1y rigr.t-of~way line, for :.O.OC f:~~: thence S. 89 degrees 42' 36" E., .=long the south right-';)f-wav lIne of 2ND Slr.E:T E.~S, an: :iiont; ;; line 30.00 Feet South of and ~aralle~ co the North line cf the Northe::st ~/1.. of tile NortMwe5': :..;~ of said SectIon S. for 670.E3 fe~t: to the West rlght-of-wav line of Souie R~Z!d; thenCE! ::. 00 cegrees 2.2' 3.:!." W., along a said Wes'\. line and along 2 line 33,00 fee': West of ,no paralle! tc :he =~st line or the Nortne.<:si: 1/.<1 of the Northwest ~/4 of $cic:i SeG:JOn :, for :.30i ,~~ f;~! :.: i:iie POINT OF BEGINNING. !..=5S AND EXC=PT T;-;,t:?'2:=;:<,OM TnE ,;oL~OWING C8 ~= KNOWN ~S TRAG 6): -. COMMENC=: at the SoutJ1e~$t corner .'Jf the Norche.::;'( :/L of ::he Northwest 1/~ of said SeGtion S; the:1C:~ N. 8'2 degre~$ :;g' 20" W.. along the Sou:h ;i,,~ :;:~ the NOr\,.neast 1/.L of the Northwest !./4 of sc::id Se-::;:ion ~, also being the northerly bour.c:iar./ lii".;$ or R.C8INWOOD SUBD!Y!SION,P-OSINWQOD SU8DIV'.SWN r:::R.S1 .lDS:;:ON anc Ti-JE i::....KS, as ,e~ordej ir. ~la'[ 500k 52, page 99. Plat Seok 0;', PQge 38 end ~IQL: 3cc:< 95, cage 90. l"'esue-:tive!y, of the Public Keo;;ord5 of oine!las County. ~iorici;::, f~r 101:,2C ff';': ':~ ~he POINT OF S(:GINNING; thel"1G5: ::ontlnue along said line N. 69 degra!!s 39' 20" 'N., 10r ~2g.2S feoat to the Nar;:hwest c,r1'1er of aforesaid plat ~f I.~,E E:....t<S; (jie!"lCe ~. 00 ciegr~~s .:'2' ::5" E.. along the West line of the Ncr;:he~s~ 1/4 of the Northwest ";./4. of said Sec:ion 5. for 33/.::::; Feet; thenc~ N. 37 degrees 22' ~" ~.. for 392.3:!. fest; the:1ce N 07 de;re~s 5~" !.7" ~, for 2.~.=5 feet; thence S. 42 degrees 51' 57" =. for 57.73 reet; the:1ce S. 3L degrees 36 08" ::" fer ::.s..BE fee:; the:1c,= S. 44 degre~s 3~' 25" =., for :i.Oi.76 re>:t; thence S. 23 aegrees <10' 06" 2., for s~,~::. fe~t; the:1ce s. dd deore~s 16' S5'. ::.. for 158 O:~ f"""'''', th"''''c''' S 2S ..Ie....r"''''5 <!.2' .13" = .or ,'~ 1::: Fea..' th .-e S '4 d :. e"'s 1 0' -:L":: cor _ ..._ c......, J ......1 _. \.,J.r;:......... ......., 1 -__.._ .......~ en,,- . - e':;jr........ ....' --f I 82..18 feet; thence S. 63 degrees ~3' 50" W., for :~.82 feet; thence N. 29 degrees 31' 38" W.. for 78.31. fee:; thence S. 4i degre:e~ ~5' <14" W./ Tor ~2.S,::O fe::t to the POINT OF 6EG~NNING. lSE-~ 90/EO'd 99E-l llS8lvvlZH ^13~Vle'NOSNHor-WOJ~ Wd19:90 EO-El-EO M. A~~IDAVI-r TO AUT"'ORIZ~ AGENT: 5vlvap Health Properties. LLC, a Delaware limited liability company (Names of all property owners) 1. That (I amlwe ate) the owner(s) and record tiUe holder(s) of the following described property (sddress or general location): See Exhibit "A" attached hereto and incorporated herein. The parcel is located on Regency Oaks Boulevard. 2. Thet this property constitutes the propsrty for which s request for a: (describe request) Rezoning from LMDR to Institutior..al and Land use Plan Amendment from Residential Urban to Institutional. 3. That tho undersigned (haslhave) appointed snd (doesldo) appoint: E. D. Armst;t;'ong III. Esquire or Joan N. Vecchioli, Esquire, of Johnson, Bli~ely, Pope, Bokor, Ruppel & BUrns, P.A. as (Ills/their) sgent(s) to execute any petitions or other d-;x;uments necessary to affect sUch petillon: 3. That this effidavlt has betm executed to incluce the City of clelilrwater. Florida to consider end act on the above described property: 4. That the applicant scknowladges that all impact fees (parks and recteatkll1, traffic. etc.) will be paid P~IOR to the Issuance of a bUilding permit. certificate of occupancy, or other mechanism, whIcheVer occurs first: S. That site visit:> to the property are necessary by City represel1tstives In order to process this application and ttle l;lWtler authorizes City representatives to visit end photograph the property dllscrlbetlln thisliIpplic:atlon: 6. That (I/we), the undersigned authority, hereby certify thai the foregoing is true and correct. SYLVAN HEALTH PROPER~IE5i LLC, a Delawa~e limited liability company, By Clearwater Land Company. Its Managing .Member ~:~Owner ~ropettY Owner 7~ c!;u- Neil Ezell, Vice President ST ATE OF FLORIDA, COUNTY OF PINELLAS ~ Before me the undersigned, an officer duly commissioned by the laws of tile Sl$te of r:lorlda, on tnls I ? day of March ,2003 personallyappearr:d Neil Ezell, as vice President"whohavlngbeenfirstdulysworn Deposes and says that he/she fully understands the contents of the affid$vit that he/she signed. ... ,..01", Henry A Loundel'l,Jt. ~ a ~ My CommiSSIon Expires: : ~ MYCOMMISSION# DOO94295 EXPIRES .. . ~' March 7, 2006 Notary public IIOHIlliD1HRIJTRO\'fAININSIJRAIICE IHC. S:\Plennlng DeperlmonllAppllostlon Forms1CfJ~/or;ment revlew\2002 FOM'Is\cDmPl&hens/1/9 Infl/lllpp/lost/on 2002.tloc *of Clearwater Land Company, Managing Member of SYLVAN HEALTH PROPERTIES, LLC, a Delaware limited liability- company. on behalf of said comp ;::' [- ' . j I,. L)~ r.'. ". r---- .---. l . i I U APR 2 5 L.._..__. PLAt,,, '~l'~. ~_.- ,. '\ I. \j~."~ ('i;-"-. Page 7 of 7 _ Flexible Development Application. Comprehensive Infill Redevetopmet1t Project: CItY of Clearwater Elv-~ SO/ZO'd 88E-1 H98lvvlZH ^'3~V'e'NOSNHor-WOJ~ WdOO:vO EO-vl-EO Exhibit "Ad TRACT B: Being a portion of the Northeast 1/4 of the Northwest 1/11 of Section 5, Township 29 South, Range 16 East, Plnellas County, Florida and being further describep as follows: Commence at the Southeast comer or tl1e Northeast "!../4 of the NorJ1west 1/4 said Section 5; thence N- 89 degrees 39'20"W., along the South line af the Northeast 1/4 of the Northwest 1/4 of said Se~ion 5, also being the northe:-ly boundary lines of ;:<'OBINWOOD 5U50IVIS!ON, ROEilNWOOD SUBDIVISION ~RST ADO[TION and THE E!...':<S, as recorded in Plat Sook 52, page 99, Plat Book 61. page 38, and Plat Sock 95, Page sa, rescectively, or the Public Records of Pine!las County, Florida, for 1015.80 fe!~t to the Point of c;e~innjn9: thence c;ontlnue along said line N. 89 degrees 39'2.0"W., for 328.2~; feet to the Northwest comer of aforesaid plat of THE ELK~; thence N. 00 degrees 48'S6"E" ~long the West line of the Northeast 1./4 of the Northwest 1/.1. of said Section 5, for 337.03 fe'.:!t; thence N. 37 de~r~~s 22'44"E-, for 392.31 feet; thence N. 07 degrees S7'17"E., for 29.5= fe~t; th,~nC2 S. 42, degre~~ 51'17"E:., for 57.73 feet; thence S. 3.1. deGrees 36'OS"E.', for 119.85 feet; the~ce S. 44 degrees ~5'25-'~.. for 107,76 feet; thence S. 33 de~rees 4Q'06"E., for 80.61. feet; therlce S. 114 degrees l.;'S5~~., rer 2.58.5;; fe,::t; thence S. 28 degrees 42'43"E., for 45.96 feet; thence S. 14 de~ree!'l :..O'34"c., for 62.48 feet; thence S. 63 dearees 33'SO"W., for 19.88 fee!:; ttle!1:e N. 29 degrees 22.'38"W.. far 78.3:1. feet: thenc,:: S. .1.7 de;rees 4S'44"W., far 328.30 feet to ttle Point of Beaillnina. - - y -. Regency Tract B €lv-~ 90/€O'd 88€-1 ll98lvvLZH A13~V18'NOSNHor-WOJ~ WdOO:vO €O-vl-€O . It-' ~..., . ~ ': <' .,." J ~s JO-- ./>.CC1 # --- CHG M.fi\ --- (5:YPM1 -=-- :~~I_O REI" 1V>19 !8 aLe OS 0"" I OS ~ 11'<1 -- rttS -- MT'F -- ~~V ~, \0 T01AL ~ 1 (aC k ~ AREPARED BY AND RETURN TO: Joan M. Vecchioli, Esq. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, Florida 33756 l\HI\Lc.m r. IIC DLl1rCl\'<: .wl..,CN\ ur ,Lyur, I WfLLAS COUNTY, FLORIDA' "l:,., 'j, '"_....,'".,........-_.....__..--,_.,~"""'---~-~.- 4C194018 02-05- 2~VO~3~~~ b~: MBP- 51 DED-REGENCY OAKS LLC 000000 1*:03046792 BK:1251? SPG:2018 EPG:202'~ RECORDING 012 PAGES 1 $55.50 DOG STAMP - DR219 3 $188,193.t.O TOTAL: CHECK AMT.TENDERED: /j CHANGE: BY _~~_ DEPUTY CLERK $108 ?!,q 1 {j ....u ,r-"T........ $188,249.10 $.00 03-046792 FE:S- 5-2003 9: 37FlM SPECIAL WARRANTY DEED P INE:LLAS CO SK 12517 PG 2018 1111111111111111111111111111111I111111111111111111 '5t- d THIS INDENTURE made this J { day of I. j('Z;, ,{,. ,2003, between CLEARWATER LAND COMPANY, a Florida corporation ("Granjk"), whose post office address is: 18167 U.S. Highway 19 N., Suite 660, Clearwater, Florida 33764 and REGENCY OAKS, LLC, a Delaware limited liability company ("Grantee"), whose post office address is: c/o SHP Senior Housing Fund, LLC, 630 Fifth Avenue, 29th Floor, New York, New York 10111. WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm unto the said Grantee, and its successors and assigns forever, all that certain interest in land lying and being in the County of Pinellas, State of Florida, more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein. SUBJECT to applicable land use and zoning restrictions and to easements, reservations and restrictions identified on Exhibit liB" attached hereto which are specifically not reimposed or extended hereby, and to taxes for the year 2003 and subsequent years. TOGETHER with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining (all of the foregoing together with the Exhibit "A" land are hereinafter collectively referred to as the "Property"). The tax parcel numbers for the aforedescribed Property are OS/29/16/00000/210/0000, OS/29/1600000/21 % 100 and OS/29/16/00000/210/0200. The tax identification number for. e is fo) ~~ (f~ r~ 0 ~IO [~110! In\~ 1'1' FilE COpy ~~~: 1 ~JL Cl"lv .'.".. PINELLRS Orr,REC.8K COUNTY rLR 12517 PG 2019 TO HAVE AND TO HOLD the same in fee simple forever. And the said Grantor does hereby fully warrant the title to said Property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year above written. ..loan M. \je<..'Chiol! CLEARWATER LAND COMPANY A Florida corpora)iPA) ~~1~ R. Kelley Johnson As: President Signed, Sealed and Delivered in our presence Print Name '\) . \ ~ Cl,j\, (\;'j-\, , .\ -'-+--.f,) \~ d--.. . \\'-'-'J\~ Signature ,----. \ t\ r---. \^ \,~ . <. \__ ,.__,....)'f'-.'\, - Print Name .-.-..... \. '; I ~--,.1 \. .\~h STATE OF FLORIDA ) COUNTY OF PINELLAS ) '\- . The foregoing instrument was acknowledged before me this \ =:. i day of ~-~\ClluQ.J~ 2003, by R. Kelley Johnson, as President of CLEARWATER LAND COMPANY, cr Florida corporation, on behalf of the corporation. He ~ersonally known to me or D has produced - as identification. 'V ~-~. ~J) ------) C >:\'-,",-M d-\. - ~,"" Notary Public ~ ill Print name: . (:"", h \1"'\\ \.. ~l. \'<--\ cA-- My commission expires: ..~~~'./.'f~:;:;r< BONNIE L RICH f': l'~;'~';,~ MY COMMISSION # DO 063493 ~AW EXPIRES: October 19, 2005 Il,~f..ft\'~\ Bonded Thru Notary Public Underwriters #284493 v1 - JohnsonEzell/Regency/AlDeed 2 Exhibit "A" PINELLAS COUNTY FLA. OFF ,REC,8K 12517 PG 2020 TRACT A: Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida and being more particularly described as follows: COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5: thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 33.00 feet to the POINT OF BEGINNING; thence continue N. 89 degrees 39' 20" W., along said South line and along the Northerly boundary lines of ROBINWOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book 95, page 90, respectively, of the Public Records of Pinellas County, Florida, for 1311.05 feet to the Northwest corner of aforesaid plat of THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 1336.20 feet to the Southwest corner of the plat of LAKE CHAUTAUQUA ESTATES, as recorded in Plat Book 90, page 22, of the Public Records of Pinellas County, Florida; thence S. 89 degrees 42' 36" E., along the North line of the Northeast 1/4 of the Northwest 1/4 of said Section 5 (being the basis of bearings of this description), same also being the South boundary line of aforesaid LAKE CHAUTAUQUA ESTATES, for 630.00 feet to the point of intersection with the Westerly right-of-way line of im STREET E.AST;. thence S. 00 degrees 02' 32" W., along said Westerly right-of-way line, for 30.00 fee!:; thence S. 89 degrees 42' 36" E., along the south right-of-way line of 2ND STREET EAST, and along a line 30.00 feet South of and parallel to the North line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 670.63 feet to the West right-of-way line of Soule Road; thence S. 00 degrees 22' 34" W., along a said West line and along a line 33.00 feet West of and parallel to the ::ast line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 1307.39 feet to the POINT OF BEGINNING. LESS AND EXCEPT THEREFROM THE FOLLOWING (TO BE KNOWN AS TRACT B): -- COMMENCE at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 5; thence N. 89 degrees 39' 20" W., along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, also being the northerly boundary lines of ROBINWOOD SUBDIVISION,ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38 and Plat Book 95, page 90, respectively, of the Public Records of Pinellas County, Florida, for 1015.80 feet to the POINT OF BEGINNING; thence continue along said line N. 89 degrees 39' 20" W., for 328.25 feet to the Northwest corner of aforesaid plat of THE ELKS; thence N. 00 degrees 48' 56" E., along the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22' 44" E., for 392,31 feet; thence N 07 degrees 57' 17" E, for 29.55 feet; thence S. 42 degrees 51' 57" E, for 57.73 feet; thence S. 34 degrees 36' 08" E., for 119.85 feet; thence S. 44 degrees 35' 25" E., for 107.76 feet; thence S. 33 degrees 40' 06" E., for 80.61 feet; thence S. 44 degrees 16' 55" E., for 158.55 feet"; thence S. 28 degrees 42' 43" E., for 45.96 feet; thence S. 14 degrees 10' 34" E., for 82.48 feet; thence S. 63 degrees 33' 50" W., for 19.88 feet; thence N. 29 degrees 31' 38" W., for 78.31 feet; thence S. 47 degrees 45' 44" W., for 328.30 feet to the POINT OF BEGINNING. EXHIBIT "B" PINELLRS COUNTY FLR, OFF,REC,8K 12517 PG 2021 EXCEPTIONS 1. Easement in favor of City of Clearwater contained in instrument recorded November 21, 1979 in Official Records Book 4946, Page 839. 2. Easement in favor of City of Clearwater contained in instrument recorded January 26,1982 in Official Records Book 5301, page 321. 3. Easement in favor of City of Clearwater contained in instrument recorded May 13, 1988 in Official Records Book 6743, page 1771. 4. Easement in favor of City of Clearwater contained in instrument recorded March 19, 1990 in Official Records Book 7227, page 417. 5. Easement in favor of Florida Power Corporation contained in instrument recorded January 24,1991 in Official Records Book 7477, page 1429. 6. Terms, conditions, easements and provisions, including provIsions for assessment, as contained in that certain Declaration of Easement recorded January 9,1992 in Official Records Book 7781, Page 1746. 7. Terms, conditions, easements and provisions, including provIsions for assessments, as contained in that certain Declaration of Easements recorded October 27,1994 in Official Records Book 8824, page 1518, as amended by First Amendment to Declaration of Easements recorded June 10, 1996 in Official Records Book 9369, page 774. 8. Terms and Conditions of Memorandum of Agreement by and between TIME WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP, a New York General Partnership and CLEARWATER LAND COMPANY, a Florida corporation recorded September 2, 1999 in Official Records Book 10647, page 799. 9. Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation, (Ground Lessor) to SUNBANK, a National Association, as Trustee dated January 9, 1992 and recorded January 9, 1992 in Official Records Book 7781, page 1757, in the original principal amount of 15,326,500.00; which has been amended by Partial Subordination Agreement recorded January 9, 1992 in Official Records Book 7781, page 1776 and by Intercreditor Agreement recorded January 9, 1992 in Official Records Book 7781, page 1782, as affected by Confirmation Agreement recorded in Official Records Book 9578, Page 403, and Exhibit "B" Exceptions to Deed / Regency A Page 1 of 9 PINELLRS COUNTY FLR OFF.REC.8K 12517 PG 2022 by Subordination and Confirmation of Priorities Agreement recorded simultaneously herewith. 10. Terms and conditions of Partial Subordination Agreement recorded January 9, 1992 in Official Records Book 7781, page 1776, as assigned to BARNETT BANK, N.A., a National Banking Association, successor by merger to BARNETT BANK OF PINELLAS COUNTY by Assignment of Notes, Mortgages and Loan Documents recorded January 10, 1997 in Official Records Book 9578, Page 225, as affected by Confirmation Agreement recorded in Official Records Book 9578, Page 403, and by Subordination and Confirmation of Priorities Agreement recorded simultaneously herewith. 11. Terms and conditions of Intercreditor Agreement recorded January 9, 1992 in Official Records Book 7781, page 1782, as assigned to BARNETT BANK, N.A., a National Banking Association, successor by merger to BARNETT BANK OF PINELLAS COUNTY by Assignment of Notes, Mortgages, and other Loan Documents recorded January 10, 1997 in Official Records Book 9578, Page 225, as affected by Confirmation Agreement recorded in Official Records Book 9578, Page 403, and by Subordination and Confirmation of Priorities Agreement recorded simultaneously herewith. 12. UCC-1 Financing Statement from CLEARWATER LAND COMPANY AND SYLVAN ABBEY MEMORIAL PARK, INC., to SUN BANK NATIONAL ASSOCIATION, as Trustee recorded January 9, 1992 in Official Records Book 7781, page 1772, as amended by UCC-3 Continuation recorded December 27, 1996 in Official Records Book 9564, Page 1873, by UCC-3 Continuation recorded December 10, 2001 in Official Records Book 11720, page 1702, as affected by Subordination and Confirmation of Priorities Agreement recorded simultaneously herewith. 13. Terms and conditions of Intercreditor and Subordination Agreement recorded in Official Records Book 9276, page 146, as assigned to BARNETT BANK, N.A., a National Banking Association, successor by merger to BARNETT BANK OF PINELLAS COUNTY by Assignment of Notes, Mortgages and Loan Documents recorded January 10, 1997 in Official Records Book 9578, Page 225, as affected by Confirmation Agreement recorded in Official Records Book 9578, Page 403, and by Subordination and Confirmation of Priorities Agreement recorded sim u Itaneously herewith. 14. Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation (Ground Lessor) to FIRST FLORIDA BANK, N.A., dated May 31, 1990 and recorded June 1, 1990 in Official Records Book 7291, page 1, in the original principal amount of $25,000,000.00, which has been modified by Subordination, Modification and Estoppel Agreement recorded in Official Records Book 7291, page 82, said mortgage has been assigned to XEROX CREDIT CORPORATION, Exhibit "B" Exceptions to Deed / Regency A Page 2 of 9 PINELLAS COUNTY rLA, OFF ,REC.8K 12517 PG 2023 a Delaware corporation by Assignment of Recorded Loan Documents recorded January 9, 1992 in Official Records Book 7781, page 1739 and Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation (Ground Lessor) to XEROX CREDIT CORPORATION, a Delaware corporation, dated May 31, 1990 and recorded June 1, 1990 in Official Records Book 7291, page 108, in the original principal amount of $2,500,000.00. Said mortgages have been assigned to BARNETT BANK, N.A., a National Banking Association, successor by merger to BARNETT BANK OF PINELLAS COUNTY, by Assignment of Notes, Mortgages and Loan Documents recorded January 10, 1997 in Official Records Book 9578, page 225, and further amended and consolidated by Modification to Mortgage and Security Agreement recorded January 10, 1997 in Official Records Book 9578, page 237, and by Future Advance, Consolidation And Mortgage Modification Agreement recorded October 28, 1998 in Official Records Book 10285, page 842, as further amended by Mortgage Modification and Spreader Agreement recorded January 6, 1999 in Official Records Book 10363, page 1474, and as amended by ASSUMPTION, FUTURE ADVANCE AND MORTGAGE MODIFICATION AGREEMENT recorded simultaneously herewith. 15. Assignment of Leases and Rents from CLEARWATER LAND COMPANY, a Florida corporation (Borrower) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation, (Ground Lessor) to FIRST FLORIDA BANK, N.A., as contained in instruments dated May 31, 1990 and recorded June 1, 1990 in Official Records Book 7291, page 54, of the Public Records of Pinellas County, Florida, assigned to XEROX CREDIT CORPORATION, a Delaware corporation by Assignment recorded in Official Records Book 7781, page 1739, and as assigned to BARNETT BANK N.A., a National Banking Association formerly known as BARNETT BANK OF PINELLAS COUNTY by Assignment recorded January 10, 1997 in Official Records Book 9578, page 225. 16. Assignment of Leases and Rents from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and SYLVAN ABBEY MEMORIAL PARK, INC., a Florida corporation, (Ground Lessor) to XEROX CREDIT CORPORATION, a Delaware corporation dated June 1, 1990 in Official Records Book 7291, page 161, of the Public Records of Pinellas County, Florida, as assigned to BARNETT BANK, N.A., a National Banking Association formerly known as BARNETT BANK OF PINELLAS COUNTY by Assignment recorded "January 10, 1997 in Official Records Book 9578, page 225. 17. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida general partnership, (Ground Lessor) to SUNBANK, NATIONAL ASSOCIATION, as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995; said Mortgage dated December 18, 1995 and recorded January 23, 1996 in Official Records Book 9226, page 2125, which has been amended by Intercreditor and Subordination Agreements recorded in Official Exhibit "B" Exceptions to Deed / Regency A Page 3 of 9 rlNELLAS COUNTY FLA. OFF.REC.8K 12517 PG 2024 Records Book 9276, page 146 and Official Records Book 9276, page 160 and by Amendment No. 1 to Junior Mortgage recorded in Official Records Book 9336, page 383, confirmed as subordinate to the insured Mortgage by Confirmation Agreement recorded January 10, 1997 in Official Records Book 9578, page 403, and by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 18. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida general partnership, (Ground Lessor) to SUNBANK, NATIONAL ASSOCIATION, as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995, said Mortgage recorded May 8, 1996 in Official Records Book 9336, page 394, of the Public Records of Pinellas County, Florida, confirmed as subordinate to the insured Mortgage by Confirmation Agreement recorded January 10, 1997 in Official Records Book 9578, page 403, and by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 19. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida general partnership, (Ground Lessor) to SUNTRUST BANK CENTER FLORIDA, National Association, as Trustee (formerly known as SUN BANK, National Association) under that certain Amended and Restated Indenture of Trust dated December 6, 1995, dated June 27, 1996, and recorded July 30, 1996 in Official Records Book 9417, page 2127, confirmed as subordinate to the insured Mortgage by Confirmation Agreement recorded January 10, 1997 in Official Records Book 9578, page 403, and by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 20. UCC-1 Financing Statement from CLEARWATER LAND COMPANY to XEROX CREDIT CORPORATION, recorded October 9, 1996 in Official Records Book 9488, page 2296, as assigned to BARNETT BANK, N.A., a National Banking Association formerly known as BARNETT BANK OF PINELLAS COUNTY by Assignment recorded January 10, 1997 in Official Records Book 9578, page 225, and by UCC-3 Assignment recorded January 10, 1997 in Official Records Book 9578, page 234 and UCC-3 Continuation recorded January 6, 1999 in Official Records Book 10363, page 1497, UCC-3 Continuation recorded September 5, 2001 in Official Records Book 11561, page 1842, and by UCC-3 Amendment recorded September 6, 2001 in Official Records Book 11563, page 2553, all of the Public Records of Pinellas County, Florida. 21. UCC-1 Financing Statement from CLEARWATER LAND COMPANY to XEROX CREDIT CORPORATION, recorded October 9, 1996 in Official Records Book 9488, page 2305, as assigned to BARNETT BANK, N.A., a National Banking Association formerly known as BARNETT BANK OF PINELLAS COUNTY by Assignment recorded January 10, 1997 in Official Records Book 9578, page 225, and by UCC-3 Assignment recorded January 10, 1997 in Official Records Book Exhibit "B" Exceptions to Deed / Regency A Page 4 of 9 PINELLRS COUNTY FLR. OFF.REC.8K 12517 PG 2025 9578, page 233 by UCC-3 Amendment recorded January 6, 1999 in Official Records Book 10363, page 1498, and UCC-3 Amendment recorded September 6,2001 in Official Records Book 11563, page 2555. 22. Assignment of Rents, Leases, Profits, Contracts, Certificates and Licenses from CLEARWATER LAND COMPANY, a Florida corporation, d/b/a REGENCY OAKS and REGENCY LAND PARTNERSHIP, a Florida general partnership, to BARNETT BANK, N.A., a National Banking Association, successor by merger to BARNETT BANK OF PINELLAS COUNTY, recorded January 10, 1997 in Official Records Book 9578, Page 301. 23. Assignment of Rents, Leases, Profits, Contracts, Certificates and Licenses from CLEARWATER LAND COMPANY, a Florida corporation d/b/a REGENCY OAKS and REGENCY LAND PARTNERSHIP, a Florida general partnership to BARNETT BANK, N.A., a National Banking Association, successor by merger to BARNETT BANK OF PINELLAS COUNTY, as contained in instrument recorded January 10, 1997, in Official Records Book 9578, page 369, as amended by Amendment recorded September 6, 2001 in Official Records Book 11563, page 2539. 24. UCC-1 Financing Statement from CLEARWATER LAND COMPANY, a Florida corporation d/b/a REGENCY OAKS to BARNETT BANK, N.A., a National Banking Association, recorded January 10, 1997 in Official Records Book 9578, page 385, as amended by UCC-3 Amendments recorded January 6, 1999 in Official Records Book 10363, page 1499 and recorded September 6, 2001 in Official Records Book 11563, page 2546 and by UCC Financing Statement Amendment recorded December 11, 2001 in Official Records Book 11724, page 1332. 25. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation and REGENCY LAND PARTNERSHIP, a Florida partnership to SUNTRUST BANK CENTRAL FLORIDA, NATIONAL ASSOCIATION, as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995, dated January 8, 1997 and recorded January 10, 1997 in Official Records Book 9578, page 429, in the original principal amount of $1,480,900.00. as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 26. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership (Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee under that certain Indenture of Trust dated December 6, 1995, dated December 31, 1996 and recorded March 17, 1997 in Official Records Book 9641, page 443, in the original principal amount of $1,000,000.00, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. Exhibit "B" Exceptions to Deed / Regency A Page 5 of 9 , . 27. 28. 29. 30. 31. 32. PIN~LLAS COUNTY rLA. Orr.R~C.8K 12517 PG 2028 Terms and conditions of Intercreditor And Subordination Agreement recorded March 17, 1997 in Official Records Book 9641, page 474, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. Terms and conditions of Intercreditor And Subordination Agreement recorded March 17, 1997 in Official Records Book 9641, page 494, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership (Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee under that certain Amended And Restated Indenture of Trust dated December 6, 1995, dated March 31,1997 and recorded April 14, 1997 in Official Records Book 9672, page 536, in the original principal amount of $1,029,100.00, which has been modified by that certain instrument recorded in official Records Book 9891, page 453, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership (Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995, dated June 25, 1997 and recorded October 24, 1997 in Official Records Book 9883, page 1808, in the original principal amount of $1,219,000.00, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership (Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995, dated August 18, 1997 and recorded October 24, 1997 in Official Records Book 9883, page 1836, in the original principal amount of $1,500,000.00, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. - Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership (Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, N.A., as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995, dated December 1, 1997 and recorded April 16, 1998 in Official Records Book 10062, page 1333, in the original principal amount of $3,000,000.00, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. . Exhibit "B" Exceptions to Deed I Regency A Page 6 of 9 PINELLAS COUNTY rLA Orr,REC,8K 12517 PG 2027 33. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation (Mortgagor) and REGENCY LAND PARTNERSHIP, a Florida partnership (Ground Lessor) to SUNTRUST BANK CENTRAL FLORIDA, ~.A., as Trustee under that certain Amended and Restated Indenture of Trust dated December 6, 1995, dated January 23, 1998 and recorded April 16, 1998 in Official Records Book 10062, page 1363, in the original principal amount of $3,000,000.00, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 34. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS TRUSTEE dated September 1, 1998 and recorded January 21, 1999 in Official Records Book 10379, page 425, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 35. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS TRUSTEE dated July 16, 1999 and recorded September 14, 1999 in Official Records Book 10658, page 1147, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 36. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS TRUSTEE dated July 16, 1999 and recorded September 14, 1999 in Official Records Book 10658, page 1178, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 37. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, CENTRALFLORIDA NATIONAL ASSOCIATION, AS TRUSTEE dated February 1, 2000 and recorded April 10, 2000 in Official Records Book 10873, page 30, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 38. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, AS TRUSTEE dated October 16,2000 and recorded January 25, 2001 in Official Records Book 11201, page 509, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 39. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, AS TRUSTEE dated December 22, 2000 and recorded March 20, 2001 in Official Records Book 11273, page 1890, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. Exhibit "B" Exceptions to Deed I Regency A Page 7 of 9 'INELLAS COUNTY F"LR OF"F".REC.8K 12517 PG 2028 40. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, AS TRUSTEE dated June 29,2001 and recorded November 5, 2001 in Official Records Book 11660, page 1463, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 41. Junior Mortgage from CLEARWATER LAND COMPANY, a Florida corporation to SUNTRUST BANK, AS TRUSTEE dated February 1, 2002 and recorded April 29, 2002 in Official Records Book 11972, page 1342, as affected by Subordination and Confirmation of Priorities Agreement, recorded simultaneously herewith. 42. Matters as shown on survey prepared by ZARRA BOYD, INC. dated August 3D, 2002 and last revised January 24, 2003, Job No. 1031, as follows: a) Wood ramp connected to trailer, chain link fence and wood fence encroach into utility easement recorded in Official Records Book 4946, Page 839; b) Chain link fence, wood fence, trailer with wood ramp and shed encroach into sanitary sewer easement recorded in Official Records Book 5301, Page 321; c) Curbing and asphalt parking areas encroach into sanitary sewer easement recorded in Official Records Book 6743, Page 1771; d) Portions of a 6 foot high brick wall, concrete curbing and asphalt parking areas encroach into easements for water and sewer as contained in Declaration of Easements recorded in Official Records Book 7781, Page 1746, and Official Records Book 8824, Page 1518, as amended in Official Records Book 9369, Page 774; e) Retaining wall and 6 foot high brick wall within the power easement contained in Declaration of Easements recorded in ,Official Records Book 7781, Page 1746 and in Official Records Book 8824, Page 1518, as amended in Official Records Book 9369, Page 774; f) Fence corner for 4 foot chain link fence appurtenant to land south of captioned premises encroaches into captioned premises by 1 foot; g) 8 foot concrete retaining wall encroaches into access easement recorded in Official Records Book 8824, Page 1518; h) Grate inlets, pump and meter enclosed by 6 foot wood fence, irrigation control valve box, underground utility vaults, metal tank on concrete slab, throughout captioned premises; Exhibit "B" Exceptions to Deed / Regency A Page 8 of 9 P .,~e:LLFlS COUNTY F"LFI. 0F"F".REC.8K 12517 PG 2029 i) Sanitary sewer manholes on the west boundary encroach into land west and adjoining, the center of one being .3 foot west, and the center of the other being 1.2 feet east of said west boundary; j) Overhead wires connecting to power poles, underground gas lines, sanitary sewer lines and water lines within captioned premises connect to said wires and lines within the rights of way of 2nd Street East and Soule Road, and to sanitary sewer line within land south and adjoining and northwesterly and adjoining; k) Concrete sidewalk along the east property line encroaches into the northeast corner of captioned premises; I) 4 foot concrete sidewalk within the right of way of Soule Road encroaches into captioned premises by .2 foot; m) One story masonry building on "Tract B" (Skilled Nursing Center) encroaches into underground storm line. 1 0098.1 03513 #284643 vl - JOHNSON/EZELL - Exhibit "B" Deed Exceptions - Regency A Exhibit "8" Exceptions to Deed I Regency A Page 9 of 9 ..... , "(1'. };\' ~: ' i\( \~ '\f~~C:> d KARLEH~ F. DE P.LAKEF~, CLERK OF COURT 'INELLAS COUNTY, FLORIDA 4C194017 02-05-2003 09:35:51 MBP 51 DED-SYLUAN, HEALTH PROPEJ~TIES 000000 IU:03046785 BK:12517 SPG:1941 EPG:1945 RECORDING 005 PAGES 1 $24.00 DOC STAMP - DR219 3 $3~010.00 .r- . ~~S ~ AGeT # CHG AMT ~ . REG ~ PREPARED BY AND RETURN TO: DS DR219~ V'I' DS J Joan M. ecchlo I, Esq. INT . Johnson, Blakely, Pope, Bokor, Ruppel & Burns, PA FEES 911 Chestnut Street MTF Clearwater, Florida 33756 PIG V i1iE RE \ 0 TOTAL TOTAL: CHECK AMT.TENDERED: . ~ CHANGE: BY L__ DEPUTY CLERK SPECIAL WARRANTY DEED THIS INDENTURE made this \ S>~- day of 'f~ \~\[VQjfl1' 2003, between CLEARWATER LAND COMPANY, a Florida corporation ("Grantor"),t1whose post office address is: 18167 U.S. Hwy 19 N., Suite 660, Clearwater, Florida 33764 and SYLVAN HEALTH PROPERTIES, LLC, a Delaware limited liability company ("Grantee"), whose post office address is: 18167 U.S. Hwy 19 N., Suite 660, Clearwater, Florida 33764. WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, remise, release, convey and confirm unto the said Grantee, and its successors and assigns forever, all that certain interest in land lying and being in the County of Pinellas, State of Florida, more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein. SUBJECT to applicable land use and zoning restrictions and to easements, reservations and restrictions identified on Exhibit "B" attached hereto, which are specifically not reimposed or extended hereby, and to taxes for the year 2003 and subsequent years. TOGETHER with all the tenements, hereditaments and appurtenances, with every privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertaining (all of the foregoing together with the Exhibit "A" land are hereinafter collectively referred to 9S the "Property"). The tax parcel number for the aforedescribed Property is: OS/29/16/00000/210/0000. The tax identification number for the Grantee is TO HAVE AND TO HOLD the same in fee simple forever. ,roJ fE frJ rr=> [l-'\c'T~~--- Lni[~;:~~ ~~(:\: PLANN:'.,.:--;-----.-...-.....I "- L err,: ~_. 1:_ ,"/"'( flLE COpy $3,034.00 $3,034.00 $.00 -o( Zl fTl( rJ ;:; !: c --"'- == (I) 0 = =n(J _O-y ;;; fT _ma: ="" - _UJ --N I =UJN ___0 -- 0 _ -J (,) ---0 !!!!!!!!QUl -(,) UlA A~ _:x t PINELLRS COUNTY FLR OFF,REC.8K 12517 PG 1942 And the said Grantor does hereby fully warrant the title to said Property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. IN WITNESS WHEREOF, the said Grantor has caused these presents to be signed the day and year above written. Joan M. Vecchioli CLEARWATER LAND COMPANY ~~o:c/~ R. KELLt. JOHNSON As: President Signed, Sealed and Delivered in our presence Print Name r ' ~~r\I' ,,-~ -I- ~*' s~ature _ . ~Y:\""l l.,-~\.cJ, Print Name STATE OF FLORIDA ) COUNTY OF PINELLAS ) _ The foregoing instrument was acknowledged before me this \ ~~. day of \- ~\~.[V'&'~003, by R. KELLEY JOHNSON, as President of CLEARWATER LAND COMPANY, a Florida corporation, on behalf of the Corporation. He [3-is""personally known to me or 0 has produced - _ as i~ntification. ~C^J~~~ ~y ~ Notary Publis. \\ Print name: \~ {', {",-', t ~\ K~ u...... My commission expires: #284494 v1 - JohnsonEzell/Regency/B/Deed "''k,~\!t;;;..,, BONNIE L RICH . t f.~I'J;;.".~~____ MY COMMISSION # DD 063493 ~.~~~.} EXPIRES: October 19. 2005 "/'I..P.f.:fr~" Bonded Thru Notary Public Underwriters 2 Exhibit "A" PINELLAS COUNTY FLA, OFT .REC .8K 12517 PG 1943 TRACT B: Being a portion of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 29 South, Range 16 East, Pinellas County, Florida and being further described as follows: Commence at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 said Section 5; thence N. 89 degrees 39'20"W., along the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, also being the northerly boundary lines of ROBINWOOD SUBDIVISION, ROBINWOOD SUBDIVISION FIRST ADDITION and THE ELKS, as recorded in Plat Book 52, page 99, Plat Book 61, page 38, and Plat Book 95, Page 90, respectively, of the Public Records of Pinellas County, Florida, for 1015.80 feet to the Point of Beginning: thence continue along said line N. 89 degrees 39'20"W., for 328.25 feet to the Northwest corner of aforesaid plat of THE ELKS; thence N. 00 degrees 48'56"E., along the West line of the Northeast 1/4 of the Northwest 1/4 of said Section 5, for 337.03 feet; thence N. 37 degrees 22'44"E., for 392.31 feet; thence N. 07 degrees 57'17"E., for 29.55 feet; thence S. 42 degrees 51'17"E., for 57.73 feet; thence S. 34 degrees 36'08"E., for 119.85 feet; thence S. 44 degrees 35'25"E., for 107.76 feet; thence S. 33 degrees 40'06"E., for 80.61 feet; thence S. 44 degrees 16'55"E., for 158.55 feet; thence S. 28 degrees 42'43"E., for 45.96 feet; thence S. 14 degrees 10'34"E., for 82.48 feet; thence S. 63 degrees 33'50"W., for 19.88 feet; thence N. 29 degrees 31'38"W., for 78.31 feet; thence S. 47 degrees 45'44"W., for 328.30 feet to the Point of Beginning. -- Regency Tract B EXHIBIT "B" EXCEPTIONS OUNTY rLA, PINELLAS ~2517 PG 1944 Orr ,REC,8K 1. Taxes and assessments for the year 2003 and subsequent years, which are not yet due and payable. 2. Easement in favor of City of Clearwater contained in instrument recorded January 26,1982 in Official Records Book 5301, page 321. 3. Easement in favor of City of Clearwater contained in instrument recorded March 19,1990 in Official Records Book 7227, page 417. 4. Easement in favor of Florida Power Corporation contained in instrument recorded January 24,1991 in Official Records Book 7477, page 1429. 5. Terms, conditions, easements and provisions, including provIsions for assessments, as contained in that certain Declaration of Easement recorded January 9, 1992 in Official Records Book 7781, Page 1746, and said easements granted to SUN BANK, NATIONAL ASSOCIATION, now known as SUNTRUST BANK CENTRAL FLORIDA, NATIONAL ASSOCIATION, AS TRUSTEE by instruments recorded in Official Records Book 7781, Page 1757, Official Records Book 9641, Page 443, Official Records Book 10062, Page 1333, Official Records Book 10379, Page 425, and Official Records Book 10658, Page 1147, and to SUNTRUST BANK, AS TRUSTEE by instruments recorded in Official Records Book 10873, Page 30, Official Records Book 11201, Page 509 and Official Records Book 11660, Page 1463. 6. Terms, conditions, easements and prOVIsions, including provIsions for assessments, as contained in that certain Declaration of Easements recorded October 27,1994 in Official Records Book 8824, page 1518, as amended by First Amendment to Declaration of Easements recorded June 10, 1996 in Official Records Book 9369, page 774. 7. Terms and Conditions of Memorandum of Agreement by and between TIME WARNER ENTERTAINMENT ADVANCE/NEWHOUSE PARTNERSHIP, a New York General Partnership and CLEARWATER LAND COMPANY, a Florida corporation recorded September 2, 1999 in Official Records Book 10647, page 799. 8. Matters as shown on survey prepared by ZARRA BOYD, INC. dated August 30, 2002 and last revised January 24,2003, Job No. 1031, as follows: Exhibit "B" Exceptions to Deed I Regency B Page 1 of 2 pTNE:LLAS COUNTY FLA. OFF ,RE:C,8K 12517 PG 1945 a) Portions of a 6 foot high brick wall, concrete curbing and asphalt parking areas encroach into easements for water and sewer as contained in Declaration of Easements recorded in Official Records Book 7781, Page 1746, and Official Records Book 8824, Page 1518, as amended in Official Records Book 9369, Page 774; b) Retaining wall and 6 foot high brick wall within the power easement contained in Declaration of Easements recorded in Official Records Book 7781, Page 1746 and in Official Records Book 8824, Page 1518, as amended in Official Records Book 9369, Page 774; c) 8 foot concrete retaining wall encroaches into access easement recorded in Official Records Book 8824, Page 1518; d) Grate inlets, pump and meter enclosed by 6 foot wood fence, irrigation control valve box, underground utility vaults, metal tank on concrete slab, throughout captioned premises; e) One story masonry building (Skilled Nursing Center) on captioned premises encroaches into underground storm line. 10098.103513 #284648 v1 - JOHNSON/EZELL - Exhibit "B" Deed Exceptions - Regency B Exhibit "B" Exceptions to Deed I Regency B Page 2 of 2 .~~ '''4\~LOF T/fr!+ ~II~~~ .~~~,,)j/~';o ~~ ~~.~!!f"r;;n c::t:~ Ill. =-~ ",I""'::.~. '" =- !;::)~ .P:~ - ~~ ~~~n>'III~~l #"#~.,-~J}j,'11j~ 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 January 7,2004 Mr. E. D. Armstrong III, Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A. Post Office Box 1368 Clearwater, Florida 33757-1368 RE: LUZ2003-03002 - Regency Oaks and Sylvan Health Properties 2701, 2720, 2571 and 2770 Regency Oaks Boulevard. Dear Mr. Armstrong; This letter is to inform you that on October 16, 2003 the City Commission approved the rezoning and the future land use plan amendment for property at 2701, 2720, 2571 and 2770 Regency Oaks Blvd (LUZ2003-03002). In addition, the Board of County Commissioners and the Department of Community Affairs have also approved the future land use plan amendment for this site. Please find the included Notice Of Intent, issued by the Department of Community Affairs, serving as their final action for the approval of this request. The City of Clearwater can issue approval for uses at this property permitted within the Institutional (INS) Future Land Use Plan category and I, Institutional zoning district subject to the requirements of the Community Development Code. If you have further questions or need additional information, please contact me at 562- 4553. Thanks for your assistance in successfully completing this Rezoning and Future Land Use Plan Amendment application. Sincerely, 44~ Marc A. Mariano Planner BRIAN J. AUNGST, MAYOR-COMMISSIONER Hoyr HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIllBARD, COMMISSIONER * BII.LJONSON, COMMISSIONER Page 1 of2 PUBLISHED IN THE TAMPA TRIBUNE-PINELLAS EDITION ON NOVEMBER 16, 2003 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CLEARWATER COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 03-2-NOI-5206 The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for the City of Clearwater adopted by Ordinance No. 7124-03 on October 16,2003, IN COMPLIANCE, pursuant to Sections 163.3184,163.3187 and 163.3189, F.S. The adopted Clearwater Comprehensive Plan Amendments and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Municipal Service Building, 100 South Myrtle Avenue, Clearwater, Florida 33756. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Amendments to the Clearwater Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. Ifa petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. Ifno petition is filed, this Notice ofIntent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. ~ ~ t"'lI I r 1 J A 1 . 1111 _ ~ n;f"'\^^"",..,.1, Page 2 of2 After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3) (a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. Charles Gauthier, AICP Acting Division Director Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 t..++_. 11....nnnTF ,1",,.. .........n+~ I1 "ro 1+r1~......1 ^ r1"H~ ~r'\.""~ oco /(""1 0 f'l'r1.'I'f'ltarOL ,)(\()':l._'" ht-rn 1 /7 /') ()('lA . " ~...m_. Council Agenda www.tbroc.org Tampa Bav Xeflionall'lanninfl Council 9455 Koger Blvd., Suite 219, St. Petersburg, FL 33702 Phone (727) 570-5151 Suncom 513-5066 FAX (727) 570-5118 November 10,2003 10:00 a.m. *** THIS MEETING IS OPEN TO THE PUBLIC *** Call to Order Invocation and Pledge Roll Call Voting Conflict Report Chair Todd Ms. Jill Collins Recording Secretary Recording Secretary 1. Approval of Minutes Sec/Treasurer von Hahmann Approve minutes from the October 13,2003 regular meeting (report attached). Staff contact: Lori Denman, ext. 213. Email: lori@tbrpc.org 2. Budget Committee Sec/Treasurer von Hahmann A. Approve Financial report for the period ending 09/30/03 (report attached). B. Approve FY 2004 First Quarter Budget Amendment (report attached). Staff contact: John Jacobsen, ext. 214. Email: johnj@tbrpc.org 3. Consent Agenda Chair Todd A. 1. Budget and Contractual The TBRPC has been awarded a Federally funded sub grant from the Federal Department of Transportation Hazardous Materials Emergency Preparedness (HMEP) grant fund and from the Florida Department of Community Affairs (DCA) for FY 2003-04, in the amount of $34,892.00. $11,000,00 is for Local Emergency Planning Committee (LEPC) planning activities and the remainder of$23,892.00 is in support ofLEPC efforts to ensure training of public sector hazardous materials response personnel. There is a requirement for in-kind match to this grant which can be met by staff participation, LEPC membership participation, and student training participation. The sub grant period is from October 1,2003 to September 30, 2004. Recommended Action: Approval to accept FY 2003-04 Federally Funded Subgrant Agreement for the Hazardous Materials Emergency Preparedness Grant for District VIII LEPC Planning and Training. Additional Material: HMEP Sub grant Summary (report attached). Staff Contact: Bill Lofgren, ext. 248. Email: bill@tbrpc.org. 2. Emergency Management Planning Services Consultants In March, the Council authorized the Chairman to sign contracts with member counties and cities to prepare Continuity of Operations (COOP) and Continuity of Government (COG) plans and authorized the Executive Director to employ temporary staff or contract services as needed to complete this work. Projects have now been initiated in Pinellas County and several municipalities. Due to the increased amount of work anticipated over the next six months, a request for proposals was advertised for assistance in the -1- . emergency management field. The services are primarily related to the development of the Continuity of Operations Plans (COOPs) but the consultants may be utilized on other emergency management projects such as local mitigation strategies (LMS). Proposals were received from six firms seeking to provide services. The top three ranked proposals are from DSI, LLC., General Physics Corporation, and Space Imaging Solutions. Services will be procured on an as needed basis. Recommended action: Authorize the Chair to contract with the three top ranked firms to provide emergency management consulting services and authorize Executive Director to procure services as needed. Staff Contact: Betti Johnson, ext. 242. Email: betti@tbrpc.org. ~ 3. Bay Soundings The Pinellas County Environmental Foundation has awarded TBRPC the amount of $47,000 for a second year's production of Bay Soundings. Recommended action: Authorize the Executive Director to enter into a contract with the Pinellas County Environmental Foundation for of $47,000. Staff Contact: Suzanne Cooper, ext.. 240. Email: suzanne@tbrpc.org. B. Intergovernmental Coordination & Review (IC&R) Program 1. IC&R Reviews by Jurisdiction (report attached). 2. October, 2003 IC&R Database (report attached). Action Recommended: None (Information Only) Staff Contact: John Meyer, ext. 255. E-mail: johnm@tbrpc.org 3. IC&R Reports a. IC&R #280-03, Sunset Bay Docking Facility/Apollo Beach, SWFWMD ERP #43025220.001, Hillsborough County (report attached). b. . IC&R #287 -03, E.G. Simmons Park Maintenance Dredging, TPA SWP #03-063, Hillsborough County (report attached). Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org. C. DR! Development Order Reports (DOR) - None. D. DR! Development Order Amendment Reports (DOAR) 1. DR! # 226, Busch Gardens Substantial Deviation, City of Tampa (report attached). Recommended Action: Approve staff reports Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org E. Notice of Proposed Change (NOPC) Reports 1. DR! # 77, Heritage Pines, Pasco County (report attached). 2. DR! # 105, Sunforest, Hillsborough County (report attached). 3. DR! # 145, Southbend, Hillsborough County (report attached). 4. DR! # 191, Fishhawk Ranch, Hillsborough County (report attached). Recommended Action: Approve staff reports Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org -2- . , F. Annual Report Summaries (ARS) 1. DR! # 141, Westshore Areawide, RY 2002-03, City of Tampa (report attached). 2. DR! # 180, University Business Center, RY 2002-03, City of Tampa (report attached). 3. DR! # 202, Unnamed Exclusive Golf & Country Club, RY 2002-03, Manatee County (repOli attached). 4. DR! # 250, Independence Park, RY 2002-03, City of Tampa (report attached). Recommended Action: Approve respective staff reports Staff Contact: John Meyer, ext. 255. Email: iohnm@tbrpc.org G. DR! Status Report Information Only. (report attached). Staff Contact: John Meyer, ext. 255. Email: johnm@tbrpc.org H. Local Government Comprehensive Plan Amendments Reviewed 1. DCA # 03-2, City of Braden ton (report attached). Recommended Action: Approve staffreport(s). Staff contact: Gerald Smelt, ext. 288. Email: gerry@tbrpc.org 4. Item(s) Removed from Consent Agenda, Addendum Item(s) or Any Other Item Requiring Council Discussion Council members should notify Chairman of any items they wish to be pulled from the Consent Agenda. These items will be discussed and voted on separately after the remainder of the consentagenda~approved 5. Review Item(s) for Discussion - None. 6. A. Dr. Judy L. Genshaft, President, University of South Florida Dr. Genshaft became the sixth president of the University of South Florida in July 2000, bringing to USF more than two decades of experience as a university professor, researcher, and administrator. During her presidency USF has been nationally recognized as a top-tier, multi-campus research university. Enrollment has surpassed 39,000 and research contract and grant funding to the University has risen from $171 million to more than $207 million. Staff contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org. 7. Council Members' Comments Chair Todd 8. Program Reports A. Agency on Bay Management (ABM) - Commissioner Mary Maloof, Chair The full Agency on Bay Management will meet on Thursday, November 13th. Items on the agenda are: Recommendations concerning the placement of dredged material in the submerged borrow pit at Whiskey Stump Key as a beneficial use; Migratory Bird Protection Plan for the Manatee Harbor construction project; An update on Piney Point activities. Staff contact: Suzanne Cooper, ext. 240. Email: suzanne@tbrpc.org B. Clearinghouse Review Committee (CRe) - No Report. -3- ~ Staff Contact: Avera Wynne, ext. 215. Email: avera@tbrpc.org , C. Local Emergency Planning Committee (LEPC) The Tampa Bay Local Emergency Planning Committee, District VIII last met on September 24, 2003. A verbal update will be given at the Council meeting. Staff contact: Bill Lofgren, ext. 248. Email: bill@tbrpc.org D. Emergency Management Staff will provide a status report of emergency management program activities. Staff contact: Betti Johnson, ext. 242. Email: betti@tbrpc.org E. Legislative Committee - Commissioner Deborah Kynes, Chair Commissioner Kynes will provide a brief report. Staff contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org. F. Regional Planning Advisory Committee (RPAC) - No Report. Staff contact: Avera Wynne, ext. 215. Email: avera@tbrpc.org 9. Executive/Budget Committee Report - Chair Todd 10. Other Council Reports A. Building Report 1. Additional material: Building Budget Synopsis (report attached). Building Time Line (report attached). 2. Office Furniture Procurement Staff met with a number of office furniture companies that sell products under the state contract programs. Based on the best value that those companies can provide to the Council (i.e. design services, installation, delivery and assistance with liquidation of existing furniture, etc.) The staff recommends approval to purchase furniture in a"n Cimol.int hot to exceed $45,000. FUllding for this purchase will be provided from: $10,000 from FY 04 Budget; $7,500 from FY 03 carry- over funds; $5,000 from existing sale of furniture and equipment; $2,500 savings in moving expenses; and, $20,000 from building fund. Additional Material: Partial listing of furniture lines represented. Recommended Action: Authorize Executive Director to sign purchase order with a state contract approved company. Staff Contact: Manny Pumariega, ext. 213 Email:manny@tbrpc.org. B. Technical Assistance/Staff Activities Report Information only. The Council provides technical assistance to local governments, state agencies, non- profit organizations, and the regional community on a regular basis. While some assistance is required by current planning programs and contracts, most is done as part of the Council's own policy. (report attached). Staff Contact: Jessica White, ext. 278. Email: jessica@tbrpc.org. C. Get To Know Your Region Ms. Jill Collins will give a brief report from the October 20th meeting. Additional Material: Synopsis of October 20th meeting. (report attached). -4- , Staff Contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org. D. Nominating Committee The Nominating Committee will make a recommendation for the 2004 Slate of Officers. The installation ceremony will take place at the Annual Meeting on December 8th, 2003. Recommended Action: Motion to approve the 2004 Slate of Officers. Staff Contact: Wren McAllister, ext. 221. Email: wren@tbrpc.org. 11. Chair's Report - Chair Todd 12. Executive Director's Report - Manny Pumariega 13. Next Meeting - Annual Meeting - Monday, December 8, 2003 at 10:00 a.m. - Council Offices Adjournment The Council, in accordance with its adopted rules of procedure, may only take action on matters not on the printed agenda involving the exercise of agency discretion and policy-making upon a finding by the Council of an emergen,'Y situation affecting the public's health, safety, and welfare. Council meetings are Public Meetings within the context of Section 286.011, Florida Statutes. Council meetings are not Public Hearings within the context of Section 120.54, Florida Statutes. The Chairman has full discretion as to whether or not to recognize speakers other than Council members or staff, and is not required to recognize individuals to speak on issues before the Council. Public Hearings on issues before the Council are conducted by individual local governments, and are the proper forum for public comment. Please note that if a person decides to appeal any decision made by the Council with respect to any matter considered at the above cited meeting or hearing, slhe will need a record of the proceedings, andfor such purpose, s/he 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. Persons wishing to speak at a Council meeting are required to complete the form provided at the entrance to the meeting room. The form, after being completed, must be given to the Recording Secretary. If you are a person with a disability who needs any accommodation in order to participate in this meeting you are entitled, at no cost to you, to the provision of certain assistance. Please contact Tampa Bay Regional Planning Council at 727-570-5151 within 3 working days of the meeting. -5- Regency Oaks, LLC To: CITY OF CLEARWATER (CITYOFC003) Check Number: 000292 Date: March 17, 2003 TOTALS: Amount $885.00 $885.00 Discount $.00 Paid Amount $885.00 Invoice No. ZONING01 Date Description 3/17/2003 Rezoning Fee $.00 $885.00 \, ",",~,-~.,....., \ \ 1_ 1~~?' \ \~~\ F_ \- ,.',,\':~--- \ ?iJ.I' ( " .>' \ .---.;..,....... ;,...--........... CDB Meeting Date: May 20. 2003 Case No.: LUZ2003-03002 Agenda Item: D 1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Regency Oaks, LLC & Sylvan Health Properties, LLC REPRESENTATIVE: E. D. Armstrong, Esquire LOCATION: 2701,2720,2751 & 2770 Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Institutional (INS); and To rezone from the LMDR, Low Medium Density Residential District to the T, Institutional District. SITE INFORMATION: PROPERTY SIZE: 1,555,119 square feet or 35.7 acres DIMENSIONS OF SITE: 1,300 feet by 1,330 feet. (combined lots) m.o.I. PROPERTY USE: Current Use: Proposed Use: Assisted Living Facility and Skilled Nursing Facility Assisted Living Facility and Skilled Nursing Facility PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) Institutional (INS) ZONING DISTRICT: Current District: Proposed District: Low Medium Density Residential (LMDR) Institutional (I) Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 1 EXISTING SURROUNDING USES: North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office ANALYSIS Introduction The Future Land Use Plan amendment and Rezoning application involves four (4) parcels of land, approximately 35.7-acres in area and is occupied by two (2) assisted living facilities containing 530 beds and one (1) skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. 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 required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.1 & 4-603.F.1] 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. Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 2 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 consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Institutional (INS) category, as specified in Section 2.3.3.7.3 of the Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for public/semi-public institutional purposes and to recognize such areas consistent with the need, character and scale of the institutional use relative to the surrounding uses, transportation facilities, and natural resource features. The Institutional (INS) category is generally appropriate where educational, health, public safety, civic and religious uses are required to serve the community throughout the County. The location should acknowledge the special needs of these uses relative to their relationship with surrounding uses and transportation needs. 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 4-602.F.2 & 4-603.F.3] Sunset Point Road Corridor In the location of the subject site, Sunset Point Road is a four-lane divided roadway with infrequent traffic signals. The Sunset Point corridor in this area between u.s. 19 North and McMullen Booth Road is characterized by a variety of development including residential, commercial, institutional and office uses. The Countywide Future Land Use Plan has designated land in this area on the north and south side of Sunset Point Road Commercial General, Residential/Office General, Residential/Office/Retail, Residential/Office Limited, Institutional, Residential Low and Residential Suburban. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the east is Institutional (INS) and the areas to the west are designated Residential/Office General (RlOG), Preservation (P) and Institutional (INS). The Residential Low (RL) and Institutional (INS) categories also border the site to the south, while the properties to the north are designated Residential Suburban (RS). The existing surrounding uses include single-family residential dwellings to the north and south, as well as preservation/open space to the south. A cemetery is located to the east of the property and a mobile home park and office structures occupy the properties to the west. Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 3 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 [Sections 4-602.F.5. & 4-603.F.5] The subject site is approximately 35.7-acres and is currently occupied by two (2) assisted living facilities and one (1) skilled nursing facility. Based on a maximum permitted density in the RU category of 7.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, 267 dwelling units or 801 beds would be permitted on this site. Based on a maximum permitted density in the INS category of 12.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, a maximum of 446 dwelling units or 1,338 beds would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 537 beds on this site. However, no new development is proposed at this time and the applicant's intention is only to bring a legal, non- conforming structure into compliance with the City's Community Development Code and continue the current use. 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 Sunset Point Road Situation Plant Plan2 Trips Maximum Daily Added Potential Trips N/A 2,499 2,249 (-250) Maximum PM Peak Hour Added Potential Trips3 N/A 312 281 (-31) Volume of Sunset Point Road from US 19 to McMullen Booth 17,735 20,234 19,984 ( -250) LOS of Memorial Causeway from Drew Street to SR 60 B B B B 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 Institutional 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 Sunset Point Road segments in the vicinity of this site a level of service (LOS) B. The proposed use of the application 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 no new development is proposed at this time. 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 - May 20,2003 - Case LUZ2003-03002 - Page 4 Dwelling Daily Net Increase PM Net Increase Uses U nits/ of Average Peak of PM Peak Beds Trips Daily Trips Trips Trips Existing Zoning/Future Land Use Plan Congregate Care Facility 801 beds 1,722 N/A 168 N/A (2.15 trips/occupied dwelling unit) Apartment 267 units 1,770 48 178 10 (6.63 trips/dwelling unit) Single-family Dwelling 267 units 2,555 833 272 104 (9.57 trips/dwelling unit) Proposed Zoning/Future Land Use Plan 585 Students - Elementary School A vg. number in 596 (-1,126) 152 ( -16) (1.02 trips per student) Pinellas County Schools Congregate Care Facility 1,338 beds 2,876 1,154 280 112 (2.15 trips/occupied dwelling unit) Nursing Home 1,338 beds 3,492 1,770 481 313 (2.61 trips per bed) The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding roads network. In addition, no impact on the operational efficiency of the signalized intersections of Sunset Point Road and US 19 North and Sunset Point Road and McMullen Booth Road 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 Sunset Point Road. Water The current zoning district could demand approximately 66,750 gallons per day. Under the proposed zoning district, water demand could approach approximately 101,080 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 53,400 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 80,864 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for wastewater. Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 5 Solid Waste The current zoning could result in 676 tons of solid waste per year for a commercial site. Under the proposed zoning district, there could be approximately 1,465 tons of solid waste generated per year. The maximum development potential permitted under the proposed land use and zoning districts 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 skilled nursing 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 west of the subject site is not being included as part of this application and will preserved into the future. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The location of the proposed Institutional (INS) boundaries are logical and an appropriate classification between the single-family uses to the north and south and the office and mobile home park uses to the west and the cemetery use to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.] The proposed I, Institutional District permits a FAR of 0.65 and the existing LMDR, Low Medium Density Residential District permits a less intensive FAR of 0.40. The 0.85 ISR of the proposed District is more intensive than the current Low Medium Density Residential District at 0.65. The size of the subject site is 1,555,809 square feet, and each individual parcel exceeds the minimum lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the Institutional zoning district. Therefore, the parcels meet the size requirements of the proposed District and the existing uses are permitted in the Institutional District. The subject site is part of a Certified Site Plan (CSP), which created the original Residential Planned Development (RPD) zoning for the site. Side and rear setbacks approved through this CSP do not comply with current code requirements, however are legally permitted through the CSP. A companion Flexible Development Application has been submitted to render the site conforming with respect to all non-conforming setback, height and parking requirements currently found on the site (See Case Number FLD2003-03016; Agenda Item C8). 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 Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 6 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 is consistent with the Institutional zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional (INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District for the subject property is necessary to bring this existing non-conforming use into compliance with the Community Development Code. The neighborhood is surrounded by single-family residential dwellings to the north and south; a cemetery to the east; and a mobile home park and offices to the west. The proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent 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 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2. Amend the zoning district designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from the LMDR, Low Medium Density Residential District to the I, Institutional District. A I J I ,I, . Prepared by Planning Department Staff: ~ 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 Amendments IL UZ 2003ILUZ2003-03002 Regency Oaks & Sylvan Health Prop 2751 Regency Oaks Blvd1LUZ2003-03002 Regency Oaks staffreport.doc Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 7 o Q AERIAL PHOTOGRAPH Owners: Regency Oaks. LLC & Sylvan Health Properties. LLC Case: LUZ2003-Q3002 Site: 2701. 2720. 2751 & 2770 Regency Oaks Blvd. Property Size(Acres) : 35.7 PIN: OS/29/16/00000/210/0000 OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 OS/29/16/00000/210/0300 Land Use Zoning From: RU LMDR To: INS A tlas Page: 255A FILE Site view of the southeast portion of the site ~. ....., 't.. ~~ "_V" -. . ~., -..,. . ~'Tn"g '~.J~ ;.. if' .~...' ..," ~) '..; "~~r" ..~.. n ~~. "1 ~".~!..;:...~t~~I';:"\1 :Jr.,. ". :1iii'9~.~, . i. ,/J; ',\ jl '116.' 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I d,l "II I I .. : , 'I Cemetery I ~,~~lv ) Ir-- , tJ( 'If 'I RD I , , I I' I '--- - - - - - - Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres): Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS I Atlas Page: 255A Clearwater City Commission Agenda Cover Memorandum VI, ~. ",;ession Item #: Final Agenda Item # Meeting Date: 6-19-03 SUBJECT/RECOMMENDATION: APPROVE a Land Use Plan Amendment from the Residential Urban (RU) category to the Institutional (INS) category and a Zoning Atlas Amendment from the LMDR, Low Medium Density Residential District to the Institutional (1) District for property located at 2701,2720,2750 and 2770 Regency Oaks Boulevard (A portion of metes & bounds 21/00, all of metes & bounds 21/01, all of metes & bounds 21/02, and a portion of metes & bounds 21/03, section 5, township 29 south, range 16 east), and PASS Ordinances #7124-03 and #7125-03 on first reading. ~ and that the appropriate officials be authorized to execute same. (LUZ2003-03002) SUMMARY: This subject site is located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. The application involves four (4) parcels ofland, approximately 35.7-acres in area. The site is occupied by two (2) assisted living facilities containing 530 beds and one (1) skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and was developed pursuant to a certified site plan. In 1999 when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category, but making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. The Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code: . The proposed land use plan amendment and rezoning applications are consistent with the Comprehensive Plan. . The potential range of uses and the current use are 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. Reviewed by: Legal Info Srvc NJA Originating Dept.: PLANNING DEPARTME Marc A. Ma 0 User Dept.: Costs Total NJA Budget NJA Purchasing NJA Public Works NJA DCM/ACM Funding Source: Current NJA CI FY Planning Risk Mgmt NJA Other Attachments: ORDINANCES NO. 7124-03 & 7125-03 STAFF REPORT OP Other Appropriation Code: o None Please refer to the attached land use plan and rezoning (LUZ2003-03002) report 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. Due to the size of the plan amendment site, review and approval by Florida Department of Community Affairs is required. The Community Development Board reviewed this application at its May 20, 2003 meeting and unanimously recommended approval. S:IPlanning DepartmentlC D BILand Use AmendmentslLUZ 20031LUZ2003-03002 Regency Oaks & Sylvan Health Prop 2751 Regency Oaks BlvdlCC LUZ2003-03002 2 Sylvan Health and Regency Oaks .doc CDB Meeting Date: May 20. 2003 Case No.: LUZ2003-03002 Agenda Item: D1 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: Regency Oaks, LLC & Sylvan Health Properties, LLC REPRESENTATIVE: E. D. Armstrong, Esquire LOCATION: 2701,2720,2751 & 2770 Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road. REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential Urban (RU) to Institutional (INS); and To rezone from the LMDR, Low Medium Density Residential District to the I, Institutional District. SITE INFORMATION: PROPERTY SIZE: 1,555,119 square feet or 35.7 acres DIMENSIONS OF SITE: 1,300 feet by 1,330 feet. (combined lots) m.o.I. PROPERTY USE: Current Use: Proposed Use: Assisted Living Facility and Skilled Nursing Facility Assisted Living Facility and Skilled Nursing Facility PLAN CATEGORY: Current Category: Proposed Category: Residential Urban (RU) Institutional (INS) ZONING DISTRICT: Current District: Proposed District: Low Medium Density Residential (LMDR) Institutional (n Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 1 EXISTING SURROUNDING USES: North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office ANALYSIS Introduction The Future Land Use Plan amendment and Rezoning application involves four (4) parcels of land, approximately 35.7-acres in area and is occupied by two (2) assisted living facilities containing 530 beds and one (1) skilled nursing facility containing 120 beds, all totaling 146,524 square feet of building area. In 1987, the site was annexed into the City and zoned Residential Planned Development (RPD), which permitted the current uses as congregate care, and developed pursuant to a certified site plan. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to the LMDR, Low Medium Density Residential District, rendering it consistent with the underlying Residential Urban (RU) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation of this property from the Residential Urban (RU) category to the Institutional (INS) category and to rezone it from the LMDR, Low Medium Density Residential District to the I, Institutional District to render this site conforming. 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 required. I. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Sections 4-602.F.1 & 4-603.F.1] 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. Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 2 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 consistent with the Clearwater Comprehensive Plan. II. CONSISTENCY WITH COUNTYWIDE PLAN The purpose of the proposed Institutional (INS) category, as specified in Section 2.3.3.7.3 ofthe Countywide Rules, is to designate areas in the County that are now used, or appropriate to be used for public/semi-public institutional purposes and to recognize such areas consistent with the need, character and scale of the institutional use relative to the surrounding uses, transportation facilities, and natural resource features. The Institutional (INS) category is generally appropriate where educational, health, public safety, civic and religious uses are required to serve the community throughout the County. The location should acknowledge the special needs of these uses relative to their relationship with surrounding uses and transportation needs. 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 4-602.F.2 & 4-603.F.3] Sunset Point Road Corridor In the location of the subject site, Sunset Point Road is a four-lane divided roadway with infrequent traffic signals. The Sunset Point corridor in this area between U.S. 19 North and McMullen Booth Road is characterized by a variety of development including residential, commercial, institutional and office uses. The Countywide Future Land Use Plan has designated land in this area on the north and south side of Sunset Point Road Commercial General, Residential/Office General, Residential/Office/Retail, Residential/Office Limited, Institutional, Residential Low and Residential Suburban. Immediate Surrounding Area The Future Land Use Plan (FLUP) category for the immediate surrounding area to the east is Institutional (INS) and the areas to the west are designated Residential/Office General (R/OG), Preservation (P) and Institutional (INS). The Residential Low (RL) and Institutional (INS) categories also border the site to the south, while the properties to the north are designated Residential Suburban (RS). The existing surrounding uses include single-family residential dwellings to the north and south, as well as preservation/open space to the south. A cemetery is located to the east of the property and a mobile home park and office structures occupy the properties to the west. Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 3 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 [Sections 4-602.F.5. & 4-603.F.5] The subject site is approximately 35.7-acres and is currently occupied by two (2) assisted living facilities and one (1) skilled nursing facility. Based on a maximum permitted density in the RU category of 7.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, 267 dwelling units or 801 beds would be permitted on this site. Based on a maximum permitted density in the INS category of 12.5 dwelling units per acre, or 3.0 beds per dwelling unit for residential equivalent uses, a maximum of 446 dwelling units or 1,338 beds would be permitted on this site provided all code requirements are met. Approval of this plan amendment could permit the development of an additional 537 beds on this site. However, no new development is proposed at this time and the applicant's intention is only to bring a legal, non- conforming structure into compliance with the City's Community Development Code and continue the current use. 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. Sunset .PoinlR.oa.d Maximum Dail Added Potential Tri s Maximum PM Peak Hour Added Potential Tri S3 Volume of Sunset Point Road from US 19 to McMullen Booth LOS of Memorial Causewa from Drew Street to SR 60 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 Institutional Future Land Use Plan Category. 3 = City Calculation of 12.5% Source: "The Rules" of the Countywide Future Land Use Plan MAXIMUM POTE The 2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan Planning Organization assigned the Sunset Point Road segments in the vicinity of this site a level of service (LOS) B. The proposed use of the application 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 no new development is proposed at this time. 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 - May 20, 2003 - Case LUZ2003-03002 - Page 4 Net Increase of Aver~ge . Daily Trips Existing Zoning/Future Land Use Plan 801 beds 1,722 N/A 168 N/A Apartment (6.63 trips/dwelling unit) 267 units 1,770 48 178 10 Single-family Dwelling (9.57 trips/dwelling unit) 267 units 2,555 833 272 104 Proposed Zoning/Future Land Use Plan 585 Students- Elementary School A vg. number in 596 (-1,126) 152 (-16) (1.02 trips per student) Pinellas County Schools Congregate Care Facility 1,338 beds 2,876 1,154 280 112 (2.15 trips/occupied dwelling unit) Nursing Home 1,338 beds 3,492 1,770 481 313 (2.61 trips per bed) The City of Clearwater Engineering Department has concluded that the transportation impacts associated with this land use plan amendment and rezoning will not result in the degradation of the existing LOS to the surrounding roads network. In addition, no impact on the operational efficiency of the signalized intersections of Sunset Point Road and US 19 North and Sunset Point Road and McMullen Booth Road 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 Sunset Point Road. Water The current zoning district could demand approximately 66,750 gallons per day. Under the proposed zoning district, water demand could approach approximately 101,080 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for water. Wastewater The current zoning district could demand approximately 53,400 gallons of wastewater per day. Under the proposed zoning district, sewer demand could approach approximately 80,864 gallons per day. The maximum development potential permitted under the proposed land use and zoning districts will not affect the City's current LOS for wastewater. Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 5 Solid Waste The current zoning could result in 676 tons of solid waste per year for a commercial site. Under the proposed zoning district, there could be approximately 1,465 tons of solid waste generated per year. The maximum development potential permitted under the proposed land use and zoning districts 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 skilled nursing 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 west ofthe subject site is not being included as part ofthis application and will preserved into the future. VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 .F.6.] The location of the proposed Institutional (INS) boundaries are logical and an appropriate classification between the single-family uses to the north and south and the office and mobile home park uses to the west and the cemetery use to the east. The district boundaries are appropriately drawn in regard to location and classifications of streets, ownership lines and existing improvements. VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-602.F.I. and .2.] The proposed I, Institutional District permits aFAR of 0.65 and the existing LMDR, Low Medium Density Residential District permits a less intensive FAR of 0.40. The 0.85 ISR of the proposed District is more intensive than the current Low Medium Density Residential District at 0.65. The size of the subject site is 1,555,809 square feet, and each individual parcel exceeds the minimum lot area requirement of 20,000 square feet and minimum lot width requirement of 100 feet for the Institutional zoning district. Therefore, the parcels meet the size requirements of the proposed District and the existing uses are permitted in the Institutional District. The subject site is part of a Certified Site Plan (CSP), which created the original Residential Planned Development (RPD) zoning for the site. Side and rear setbacks approved through this CSP do not comply with current code requirements, however are legally permitted through the CSP. A companion Flexible Development Application has been submitted to render the site conforming with respect to all non-conforming setback, height and parking requirements currently found on the site (See Case Number FLD2003-03016; Agenda Item C8). 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 Staff Report - Community Development Board - May 20,2003 - Case LUZ2003-03002 - Page 6 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 is consistent with the Institutional zoning district regulations. SUMMARY AND RECOMMENDATIONS: An amendment to the Future Land Use Plan from Residential Urban (RU) to Institutional (INS) and a rezoning from the LMDR, Low Medium Density Residential District to the I, Institutional District for the subject property is necessary to bring this existing non-conforming use into compliance with the Community Development Code. The neighborhood is surrounded by single- family residential dwellings to the north and south; a cemetery to the east; and a mobile home park and offices to the west. The proposed Institutional Future Land Use Plan classification and Institutional zoning district are consistent 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 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS), and 2. Amend the zoning district designation of 2701, 2720, 2571 and 2770 Regency Oaks Boulevard from the LMDR, Low Medium Density Residential District to the I, Institutional District. ,I J J I I J I · Prepared by Planning Department Staff: ~ Marc A. Mariano, Planner Attachments Application Location Map Aerial Photograph Land Use Plan Map Zoning Map Existing Surrounding Uses Site Photographs S:IPlanning Depar/men/le D BILand Use Amendmen/slLUZ 2003ILUZ2003-03002 Regency Oaks & Sylvan Heal/h Prop 2751 Regency Oaks Blvd1LUZ2003-03002 Regency Oaks s/affrepor/.doc Staff Report - Community Development Board - May 20, 2003 - Case LUZ2003-03002 - Page 7 ORDINANCE NO. 7124-03 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 WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; 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 See legal description attached hereto (LUZ2003-03002) Land Use Cateqorv From: Residential Urban To: Institutional 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 S 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 Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7124-03 Legal Description of LUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast % of the Northwest % of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast % of the Northwest % of said Section 5; thence N 890 39' 17" W, along the South line of the Northeast % of the Northwest % of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 890 39' 17" W, along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the Northeast % of the Northwest % of said Section 5, for 270.50 feet; thence N 600 36' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North % corner of said Section 5; thence S 000 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast % of the Northwest % of said Section 5; thence N 890 39' 20" W, along the South line of the Northeast % of the Northwest % of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast % of the Northwest % of said Section 5; thence N 000 48' 20" E, along the West line of the Northeast % of the Northwest % of said Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 13055' 32" W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 25010' 05" E, for 59.66 feet; thence S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. Ordinance No. 7124-03 C, [3'::' ~ . g~ CD 1=. I >Cd. I ,,,,, I ' CG OG ~ ~'R/OS RLQ,G p RLM FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701. 2720, 2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres): Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS A tlas Page: 255A Ordinance No. 7124-03 ORDINANCE NO. 7125-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas 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 following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See legal description attached hereto (LUZ2003-03002) From: Low Medium Density Residential (LMDR) To: Institutional (I) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 7124-03 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 9163.3189, Florida Statutes PASSED ON FIRST READING Ordinance No. 7125-03 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7125-03 Legal Description of LUZ2003-03002 Regency Oaks, LLC & Sylvan Health Properties, LLC. The Northeast ~ of the Northwest ~ of Section 5, Township 29 South, Range 16 East, less and except the following described parcels: Commence at the Southeast corner of the Northeast ~ of the Northwest ~ of said Section 5; thence N 89039' 17" W, along the South line of the Northeast ~ of the Northwest ~ of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 890 39' 17" W, along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the Northeast ~ of the Northwest ~ of said Section 5, for 270.50 feet; thence N 600 36' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less and except the right of way of Soule Road. And, Commence at the North ~ corner of said Section 5; thence S 000 22' 34" W, along the North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the Northeast ~ of the Northwest ~ of said Section 5; thence N 89039' 20" W, along the South line of the Northeast ~ of the Northwest ~ of said Section 5, for 1,216.65 feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the Southwest corner of the Northeast ~ of the Northwest ~ of said Section 5; thence N 000 48' 20" E, along the West line of the Northeast ~ of the Northwest ~ of said Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32" W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for 161.08 feet to the POINT OF BEGINNING. Ordinance No. 7125-03 ZONING MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701 & 2720 Regency Oaks Blvd. Property 35.7 Size (Acres) : Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS Atlas Page: 255A Ordinance No. 7125-03 / C~\(\ \1'1 AI ,.., H'~ "':..h::: -. - I - ~ == r=-:=- drf= M m -= ~ --J I~. ] ~ I ~ B,^ "7 r "*d. ~ rl:) l D I- .- IJ ~ L ?J 1 =r~ II ~ JOoo .l ~..l'~ ~~ III ~~~~ ~ ~~~! ~ ~~ 1 ~I II I I r ODO 81--[ ~~ DB 0 0 ~.,.- \ ~ :If~ : ~: > ^ ~ '/ ............ ii<i ,....a ~v. ~ "II '.- '., r-'I I I I I Ir _. r-,.. I 1 I r IL II ~ ~5 41 .' -,11 I!!!l fj IL - - . .--- I lID I ' ~ : r- _ I II T . ~I:I II LtJ:." !..LLJ W .,... I > I ~I I ;,r.,' ~- v I ";.1 ~ 8TI 'I'i '.'~ ~ 'I~~ .~"1 ~J~ ~ ffiW '" kL ~:rTTm~~l ~ 1 . LOCATION MAP Owners: Regency Oaks, LLC & Sylvan Health Properties, LLC Site: 2701,2720,2751 & 2770 Regency Oaks Blvd. Land Use From: RU To: INS Zoning LMDR Case: LUZ2003-03002 Property Size(Acres): 30.00 PIN: OS/29/16/00000/210/0000 OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 OS/29/16/00000/210/0300 Atlas Page: I 255A AERIAL PHOTOGRAPH Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701, 2720, 2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres) : Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From: RU LMDR OS/29/16/00000/210/0300 To: INS A tlas Page: 255A .... M III r-1.\ / ~. \' I. 9 ld ~T" .:,'t' Office ~ m' t- I" \ 'ljJ' 'I' 'I 'r :r 'T' , . . - ~' ~. ' -:: l." ~n ~ ~.,jJ1J w II ~;v.l.- .'. 1\ -~ ~0~iiiloPl-F' I~J.ihT ):~'~' B? trrL~ ...... ~i;'I~"':::, ',:: [ .~ ~ rjl t;J -bl ~~ ;:;-4 ~ -4"':'-'- '-=- - r " .V .. 1 ,[ ~ c;~"';'~.lftDideriltI~~' /"" /T l' ~~ - r I "- r .;. _ ~ > I.I.J. ~-'l I ':ii Ii:.! Iii': - Offite ~i': .........;.". U ~ -Ill>!:: ....> ~-U/ II [t;J!!' .... · ~...~ m"S. irll I ~. ~ ~ ."~ I ~~~IW Sociall QJ . , "CO~~~~ity M ..... '"'"'- . _ venlCle~ales - Warehouse Mobile Home Park _ - i~i-ail. Vacant I -f- l'J \- =r=- f--- j-' ==- ] nL ~~[[ - I T I ( - ~'.:,: - , tJ - 0) ~ - ~ - - - ~ ~'.."'. .. I -~ II UlI IU un: T " \ u I-' '-~ Mobile Home Park ) ~ I , I I,J- t...-- ll!-- m VI, I :: - - , I ~, :' :::,'III~. I I ,I L-- _ -. 1,.1. .1 .1 I. r L 1 -. - 11=1 ITfJplJir ~ ~ - f-- _--,-..JIll -I ~ 1,.1 , I S( I;; fTRD , 1'1 ~ . ~ . ~ ,-,-,. ~ " ~ ,I ,~ - I' ': ,:'" , ',' ,.' , ,.':, : EXISTING SURROUNDING USES Owners: Regency Oaks, LLC & Sylvan Health Properties, Case: LUZ2003-03002 LLC Site: 2701,2720,2751 & 2770 Regency Oaks Blvd. Property 35.7 Size(Acres): I . Land Use Zoning OS/29/16/00000/210/0000 PIN: OS/29/16/00000/210/0100 OS/29/16/00000/210/0200 From RU LMDR OS/29/16/00000/210/0300 To: INS I I Atlas Page: I 255A Site view of the southeast portion of the site View looking west Property to the south Site view of the main building View looking east Property to the north Regency Oaks, LLC & Sylvan Health Properties, LLC LUZ2003-03002 2701,2720,2751 & 2770 Regency Oaks Boulevard NOTICE OF REZONING AND LAND USE PLAN AMENDMENT PUBLIC HEARING ~ ~~ Schedule of Public Hearings: Tuesday, May 20,2003 before the Community Development Board, at 2:00 p.m. Thursday, June 19,2003 before the City Commission (1st Reading), at 6:00 p.m. Thursday, July 17, 2003 before the City Commission (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. (Regency Oaks, LLC & Sylvan Health Properties, LLC) LUZ 2003- 03002 NOTE: All persons wishine to address an item need to be present at the BEGINNING of the Communitv Development Board meetine. Those cases that are not contested bv the applicant. staff. neiehborine propertv owners. etc. will be placed on a consent aeenda and approved bv a sinele vote at the beeinnine of the meetine. The City of Clearwater, Florida, proposes to adopt the following ordinances: ORDINANCE NO. 7124-03 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 WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL URBAN TO INSTITUTIONAL; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 7125-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF A PORTION OF METES & BOUNDS 21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND A PORTION OF METES & BOUNDS 21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770 REGENCY OAKS BOULEVARD, FROM LOW MEDIUM DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I); 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. An oath will be administered swearing in all participants in public hearing cases. Additional information is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Ave., Clearwater, FL 33756, or call (727) 562-4567. Gina Clayton Planning 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. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. Ad: 05/04/03 & 06/29/03 ,. Agenda Item #3.H.4 08/11/03 Tampa &tv Xegl,,"al 'PIannlll(/ COUlU,-1l LOCAL GOVERNMENT COMPREHENSIVE PLAN PROPOSED AMENDMENT REPORT City of Clearwater DCA # 03-2 PURSUANT TO SECTION 163.3184(6)(a), FLORIDA STATUTES, IT IS REQUESTED THA T DCA REVIEW THE PROPOSED AMENDMENTS. General Description In 1987, the site was annexed into the City and zoned Residential Planned Development, which permitted the current uses as congregate care. In 1999, when the City adopted the revised Community Development Code, the site's zoning designation was reclassified to LMDR(see below), rendering it consistent with the underlying RU (see below) Future Land Use Plan category and making the use non-conforming. The applicant is proposing to amend the Future Land Use Plan designation, as shown below, to render this site conforming. From Land Use: Residential Urban (RU) Zonin : Low Medium Density Residential (LMDR) District To Land Use: Institutional (INS) Zonin : Institutional (I) District I 35.7 acres I Size Location Regency Oaks Boulevard, located on the west side of Soule Road, approximately 1,000 feet north of Sunset Point Road Existin~ Use Assisted Living Facility and Skilled Nursing Facilitv Proposed Use Assisted Living Facility and Skilled Nursing Facility For Council meeting of August II, 2003 Report prepared by: Jessica White, Ext. 288 Adjacent Designations North: Residential Suburban (RS) South: Residential Low (RL) and Institutional (INS) East: Institutional (INS) West: Residential/Office General (RlOG), Preservation (P), and Institutional (INS) Adjacent Uses North: Single-Family Residential South: Single-Family Residential & Social Community Center East: Cemetery West: Mobile Home Park & Office I Regionally Significant I No. Result in extra- No. jurisdictional impacts? Impact regional No. facilities/ resources? I Regional Comments I None. Applicable SRPP Not applicable. Policies I Consistent with SRPP I Yes. LOCATION MAP 0"'1'(:11> '" Sylvan HealHl Plop~"tim, Cme: LUZ2003 -oX'02 Site' -?701. ?nO, US II\.. 2770 I<egel'cy Guk, ~1"tJ. PropBdy SizelAcres): Y){:(l 1.'"Jlld Use luning RU 'MDR TD INS ^tlm Poqo 25j.^. For Council meeting of August II, 2003 Report prepared by: Jessica White, Ext. 288 RU INS CG p RLM PROPOSED FUTURE LAND USE PLAN MAP Owners: Regency Oaks, LLC & Syivon Health Properties, llC Case: I.U1200:;-03002 Site: 2701,2720,2751 & 2770 Regency Oak, Rlvd PropClty SizelAcresj: 35.7 PIN: 05/29/16/0000012 1 OiOOOO 05/29 i 16/00000/21 010 1 00 05/29 116/00000/21010200 05/29/16/000001210/0300 Lond Use Zoning From R U lMDR 10: iNS A jlas Page 255A For Council meeting of August 11, 2003 Report prepared by: Jessica White, Ext. 288 Mr. Wayne Wells April 18, 2003 Page 3 (L\~ 51L.! \. 5\'~:Y~ I ~\ \Ai [I'''' Response: Tract A presently contains a 530 bed Assisted Living Facility (ALF) situated on 33.77 acres. Of the 33.77 acres, 31.74 acres are zoned LMDR (7.5 units/acre) and 2.03 acres are zoned P (1 unit/acre). The City of Clearwater provides a multiplier of 1 unit = 3 beds. The density calculation is: TRACT A EXISTING 31.74 Ac. LMDR * 7.5 units/acre = 238 units 2.03 Ac. P * 1 unit/acre = 2units Total 240 units maximum permitted 240 units * 3 beds/unit = 720 beds maximum permitted TRACT A PROPOSED The institutional zoning district (1) permits 12.5 units/acre. 31.74 Ac. I * 12.5 units/acre = 396 units 2.03 Ac. P * 1 unit/acre = 2 units Total = 398 units maximum permitted 398 unit * 3 beds/unit = 1,194 beds maximum permitted Tract B presently contains a 120 bed Sylvan Skilled Nursing Facility situated on a 5.84 acres. Of the 5.84 acres, 1.40 acres are zoned LMDR, (7.5 units/acre), 3.72 acres are zoned I (12.5 units/acre) and 0.72 acres are zoned P (1 unit/acre) The density calculation is as follows: TRACT B EXISTING 1.40 acres LMDR * 3.72 acres I * 0.72 acres P * Total 57 units 7.5 units/acre = 10.5 units 12.5 units/acre = 46.5 unit 1 unit/acre = 0.72 units = 57 units maximum permitted = 171 beds maximum permitted * 3 beds/unit TRACT B PROPOSED 5.12 acres I 0.72 acres P Total 64 units * 12.5 units/acre = 64 units * 1 unit/acre = 0.72 units 64 units maximum permitted * 3 beds/unit = 192 beds maximum permitted ., ,'LI1rQ-~ .'~\.~LOF I/lt i'~ ,\.~ "j,"'v,....,,,J~),~ \ ~""l ~~~--'7':. ~C:se..,\ //.1 ~ ~':, '-~'_ _c.' - '" ~C":t . ~="- . -:::c ~ r::- --'" ...~~ =..":......9~. "''1' : - -_.- .n::"\ ...~"'::. _.==:~ ,'~j\ ":. . ,/1;r'-.~ .", '....\ --:,. fJ'J.:.t-#.ldJ' ~".'~ ........., )1TE~".,. ~I-'IA' CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 CiTY HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4040 FAX (727) 562-4052 CiTY MANAGER March 20, 2003 Mr. E. D. Armstrong III, Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A. Post Office Box 1368 Clearwater, Florida 33757-1368 RE: Application for Zoning and Future Land Use Plan Amendment approval (LUZ2003-03002) to rezone three (3) land parcels totaling 39.61 acres, at 2701, 2720, 2571 and 2770 from the LMDR, Low Medium Density Residential, I, Institutional and P, Preservation Districts to the I, Institutional and p, Preservation Districts, as well as amending the future land use from the Residential Urban (RU), Institutional (INS) and Preservation (P) Categories to the Institutional (INS) and Preservation (P) Categories. Dear Mr. Armstrong: The Planning Department has reviewed your Application for Zoning and Future Land Use Plan Amendment approval (LUZ2003-03002) to rezone three (3) land parcels totaling 39.61 acres, at 2701, 2720, 2571 and 2770 from the LMDR, Low Medium Density Residential, I, Institutional and P, Preservation Districts to the I, Institutional and P, Preservation Districts, as well as amending the future land use from the Residential Urban (RU), Institutional (INS) and Preservation (P) Categories to the Institutional (INS) and Preservation (P) Categories. 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: LUZ2003-03002. The application will be reviewed for sufficiency by the Development Review Committee (DRC) on April 17, 2003 in the Planning Department conference room - Room 216 - on the second floor of the Municipal Service Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please contact Sherrie Nicodemus at 562-4582 no earlier than one week prior to the meeting date for your review time. You or a representative must be present to answer any questions that the committee may have regarding your application. Additional information may be requested at that meeting. The case will be forwarded to the Community Development Board when it is deemed sufficient. If you have any questions, please contact me at 727-562-4553. Sincerely, ~ Marc A. Mariano Planner BRIAN J AUNGST, MAYOR-COMMISSIONER S:\Planning DepWJ:ififlMKtJfJ\MfiB ~~~~~\<t}t.f;l200N.,UZ2003-03002 Re~MM41&T.9YivhIP#~Y,c~ 2751 Regency Oaks FRANK HIBB~~~_IljlW2 Regency Oaks, 1(!)2751 Regency Oaks B1Vd]9MJQete<lfil.~~t5SIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" ".'TII" ..f~~~LoF T/(f;r.,. ....'_\ ~......rl:~4-,.;(,,7~___ ~ """"",, # /7~.. ..~~" I ~-....--" ll'~~"\ 1/ r ~ ~~ "C":)~~' ,,' '-=:('1 ~r::~ ~~-'-Q: ..~<. --.~=~~ ......,0:.;11 "~R--~'-- "~,.\ ':.~IA~;;;;;;"~~.'+'+ ##~)tTE~",.. ""1,,#11' , CI1Y MANAGER CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 Ci1Y HALL, 112 SOUTH OSCEOLA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4040 FAX (727) 562-4052 March 20, 2003 Mr. E. D. Armstrong III, Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. Post Office Box 1368 Clearwater, Florida 33757-1368 Dear Mr. Armstrong: Thank you for submitting a complete Application for Zoning and Future Land Use Plan Amendment (LUZ2003-03002) from the City of Clearwater. The following schedule has been established for the review of your application by various City and County boards. These meetings are necessary in order to process your request appropriately. Your attendance at these meetings is required. 4/17/03 5120/03 6/19/03 7/3/03 7/16/03 8/19/03 Development Review Committee, time to be determined; in the Municipal Services Building at 100 S. Myrtle Avenue, 2nd Floor Community DeveloFment Board, meeting starts at 2:00 p.m. in the City Commission Chambers on the 3r Floor of City Hall at 112 S. Osceola Avenue 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 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 A venue 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. 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. In the event of any adjustment to this schedule, I will inform you immediately. If you have any questions, please contact me at (727) 562-4553 Sincerely, 4iA~ Marc A. Mariano Planner BRIAN). AUNGST, MAYOR-COMMISSIONER s:\Plannffin~Jj}l?n~;r^~[J LM1rRJ-Gs~1\;1t~I~~If?JtMts\LUZ 200J\LUZ2003-030IrPlibliRtYH8k's ~~rva'JIire~j}h Prop 2751 KR~JlMPD/t~~3-03002 RegencY@s, LLC 2751 Regencf(i)h~S'tiWtftlpjP!(J;1lli~}{i3~ER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" U 2_ C'~ 0 D.:7 ._('\_700..:J- /?)/?,i Hughes1 Lori M Syrkin, Steven E Defazio, Paul 2821 Chelsea PI S Syrkin-Mulligan, Karen A Defazio, Elizabeth S Clearwater FL 33759 - 1408 2833 Chelsea PI S 2845 Chelsea PI S Clearwater FL 33759 - 1408 Clearwater FL 33759 - 1408 Pritz, William J Smith, Brett P Bland, Mickey R Pritz, Elizabeth K Smith, Mary S Bland, Cathy C 2857 Chelsea PI S 2869 Chelsea PI S 2864 Chelsea PI S Clearwater FL 33759 - 1408 Clearwater FL 33759 - 1408 Clearwater FL 33759 - 1407 Kugler, Judith Potenza, John V Poirier, Steven W 2852 Chelsea PI S 2853 Chelsea PI N Poirier, Haven L Clearwater FL 33759 - 1407 Clearwater FL 33759 - 1406 2820 Chelsea PI N Clearwater FL 33759 - 1405 Tarasi, Louis Jacobs, Stephen H Fraser, David Tarasi, Virginia Jacobs, Laurie S Fraser, Norma 2151 Camden Way 2147 Camden Way 2143 Camden Way Clearwater FL 33759 - 1024 Clearwater FL 33759 - 1024 Clearwater FL 33759 - 1024 Brenner, Tina Rich, John T Saylor, Daryl L 2139 Camden Way Rich, Marion R Saylor, Mary B Clearwater FL 33759 - 2135 Camden Way 2131 Camden Way Clearwater FL 33759 - 1024 Clearwater FL 33759 - 1024 Slaby, David J Anderson, Richard L Brown, Charles L Slaby, Robin D Anderson, Suzanne M Brown, Miriam J 2127 Camden Way 1 Birchwood Ct 2132 Camden Way Clearwater FL 33759 - 1024 Racine Wi 53402 - 2601 Clearwater FL 33759 - 1023 Hayter, Ronald G Cutson, Marvin R Cutson, Marvin R 2146 Camden Way Cutson, Sonya B Cutson, Sonya B Clearwater FL 33759 - 1023 2791 Camden Rd 2791 Camden Rd Clearwater FL 33759 - 1013 Clearwater FL 33759 - 1013 Godfrey, George W Macy, Timothy Tucker, Michael J Godfrey, Jeanette A Macy, Emily W Tucker, Natalie K 2783 Camden Rd 2119 Centerview Ct S 2113 Centerview Ct S Clearwater FL 33759 - 1013 Clearwater FL 33759 - 1009 Clearwater FL 33759 - 1009 Nisk, Valerie A Dufour, Robert A Fuller, Robert A 2107 Centerview Ct S Dufour, Zoe M Fuller, Cathy A Clearwater FL 33759 - 1009 2108 Centerview Ct S 2114 Centerview Ct S Clearwater FL 33759 - 1009 Clearwater FL 33759 - 1009 Schroeder, Lee L Meli, Michael R Kudelko, David G Schroeder, Marilyn Z 4139 Tartan PI Kudelko, Cathy E 2120 Centerview Ct S Tampa FL 33624 - 5411 2340 Kings Point Dr Clearwater FL 33759 - 1009 Largo FL 33774 - 1009 Herold, Charles D JIerold, Elizabeth S 2138 Centerview Ct S Clearwater FL 33759 - 1009 2639 Mc Cormick Ptnshp 2639 Mccormick Dr Clearwater FL 33759 - 1041 Bennett, D A Co 14171 Valentine Trl Largo FL 33774 - 2834 Bennett, D A Co 141 71 Valentine Trl Largo FL 33774 - 2834 Prestige Professional Park Owners Assoc Inc POBox 5124 Clearwater FL 33758 - 5124 Boos Dev Group Inc 2651 McCormick Dr Clearwater FL 33759 - Clearwater Land Co 18167 US Highway 19 N Ste 660 Clearwater FL 33764 - 6569 Clearwater, City of POBox 4748 Clearwater FL 33758 - 4748 Lasho, Janice C TRE Cooper, Deborah J TRE 1816 Georgia Ave Palm Harbor FL 34683 - 4723 B P 0 E Lodge 1525 1240 San Christopher POBox 697 Dunedin FL 34697 - 0697 Prestige Park Owners Assn Inc 2623 McCormick Dr Ste 101 Clearwater FL 33759 - 1046 Bennett, D A Co 141 71 Valentine Trl Largo FL 33774 - 2834 Bennett, D A Co 14171 Valentine Trl Largo FL 33774 - 2834 Bennett, D A Co 141 71 Valentine Trl Largo FL 33774 - 2834 Prestige Partnership POBox 5124 Clearwater FL 33758 - 5124 Sylvan Abbey Memorial Park Inc c/o Stewart Services Inc Shared Services Center POBox 11250 New Orleans La 70181 - 1250 Clearwater Land Co 18167 US Highway 19 N Ste 660 Clearwater FL 33764 - 6569 Parkside Clearwater Associates 3030 N Rocky Pointe Dr W #560 Tampa FL 33607 - 5905 Master Key Associates VII Wilson, Harold S 24275 US Highway 19 N Clearwater FL 33763 - 4068 Clearwater Jaycee Memorial Foundation Inc c/o Pat Gilmer POBox 4703 Clearwater FL 33765 - Bennett, D A Co 14171 Valentine Trl Largo FL 33774 - 2834 Holland Group Income Tax & Financial Strategies Inc 2641 Mccormick Dr Ste 102 Clearwater FL 33759 - 1066 Bennett, D A Co 14171 Valentine Trl Largo FL 33774 - 2834 Bennett, D A Co 141 71 Valentine Trl Largo FL 33774 - 2834 Better Business Bureau W FL 5830 l42nd Ave N Ste B Clearwater FL 33760 - Clearwater Land Co 18167 US Highway 19 N Ste 660 Clearwater FL 33764 - 6569 Parkside Clearwater Associates 3030 N Rocky Pointe Dr W #560 Tampa FL 33607 - 5905 Southern Comfort Park Inc 10912 N 56th St Temple Terrace FL 33617 - 3004 Capri Mobile Home Park Inc 24195 US Highway 19 N Clearwater FL 33763 - 4051 Thumbtzen, Ocain J Thumbtzen, Evelyn J 2796 Robinwood Dr Clearwater FL 33759 - 1505 Gadson, Jackie ;1970 Soule Rd Clearwater FL 33759 - 1507 Bell, Roy 2788 Robinwood Dr Clearwater FL 33759 - 1505 Sams, Terry 2768 Robinwood Dr Clearwater FL 33759 - 1505 Robinson, Rosalie L 2791 Robinwood Dr Clearwater FL 33759 - 1506 Casher, Kenneth C 2775 Robinwood Dr Clearwater FL 33759 - 1506 E. D. Armstrong, III, Esquire Johnson, Blakely, Pope, Bokor, Ruppel & Bums, P.A. P.D.Box 1368 Clearwater, FL 33757-1368 Washington, Harrison Washington, Leola B 1789 Harbor Dr Clearwater FL 33755 - 1826 Riggien, Leah M 2794 Robinwood Dr Clearwater FL 33759 - 1505 Johnson, Quandalla A 2782 Robinwood Dr Clearwater FL 33759 - 1505 Goodloe, Alvin Goodloe, Rose M 2776 Robinwood Dr Clearwater FL 33759 - 1505 Wilson, John C Wilson, Michelle J 2760 Robinwood Dr Clearwater FL 33759 - 1505 Haire, Mary P Ware, Lasheka H 2752 Robinwood Dr Clearwater FL 33759 - 1505 Berry, J L Berry, Paricia S 1314 Kings Hwy Clearwater FL 33755 - 3420 Hayward, Samuel L 2779 Robinwood Dr Clearwater FL 33759 - 1506 Rowe, Johnny L 2767 Robinwood Dr Clearwater FL 33759 - 1506 Virginia Groves Paula Clemens 1746 S1. Croix Dr. Clearwater, FL 33759 JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A. ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III JOHN T. BLAKELY BRUCE H. BOKOR JOHN R. BONNER, SR. ' GUY M. BURNS JONATHAN S. COLEMAN MICHAEL T. CRONIN ELIZABETH J. DANIELS BECKY FERRELL-ANTON COLLEEN M. FLYNN MARION HALE SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A JOHNSON, JR. SHARON E. KRICK ROGER A LARSON JOHN R. LAWSON, JR' LEANNE LETIZE MICHAEL G. LITTLE MICHAEL C. MARKHAM STEPHANIE 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 PHILIP M. SHASTEEN JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J. WEISSMAN 'OF COUNSEL PLEASE REPLY TO CLEARWATER FILE NO. 44009.106632 April 21 ,2003 Via Hand Delivery Marc A. Mariano, Planner City of Clearwater Planning Dept. 100 South Myrtle Avenue Clearwater, FL 33756-5520 Re: Case No, LUZ-2003-03002/Regency Oaks Dear Marc: Enclosed are 15 sets of the revised Applications for Rezoning and Comprehensive Plan Amendment, reflecting the legal description of the property for which the changes are requested. As we discussed, please advise if the existing surveys, which include the entire Regency Oaks project, will suffice. Thank you for your assistance in connection with this matter. Sincerely, ~t. Jayne E. Sears Legal Assistant ~ js encls. cc: Mr. Neil Ezell Mr. Steve Fraser Robert Pergolizzi, AICP #291127 v1 CLEARWATER OFFICE 911 CHESTNUT ST. POST OFFICE BOX 1368 CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 TELECOPIER: (727) 462-0365 TAMPA OFFICE lOON. TAMPA ST. SUITE 1800 POST OFFICE BOX 1100 TAMPA, FLORIDA 33601-1100 TELEPHONE: (813) 225-2500 TELECOPIER: (813) 223-7118 ~<<~..rH~ ~ ' c:.-s.~ ,) / /~ ~ C":J--- ...::c r::,. ==- ~ ~~~- ~ "'\~ - ~~ ~~~l~~~ CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW July 2, 2003 Mr. David P. Healey, AICP Executive Director Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 RE: LUZ2003-03002 - 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 for 35.7-acres ofland located 2701,2720,2751 and 2770 Regency Oaks Boulevard from Residential Urban (RU) to Institutional (INS). This amendment was passed on first reading at the June 16, 2003 City Commission meeting. Attached please find all of the required information for this request. If you need any additional information, please contact me at 727-562-4553. Sincerely, A~ Marc A. Mariano Planner BRIAN J. AUNGST, MAYOR-COMMISSIONER s: \Planni~W~~~tY~~fa~9rm~~l?Wj~mentS\LUZ 2003\LUZ2003-03002 }fe~)ft.,?&i~Y& ~rv~1J,sml1&J} Prop 2751 o ILm~~,\t9~~B\Y>PC Transmittal @UZ2003-03002 regentj'-&dkft)if,lI'i..J;;PMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 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 INS 2. Proposed Countywide FLUP Designation II. Local Plan Map Amendment Information 1. Local Plan Map Amendment Case Number 2. Current Local Plan Designation(s) L UZ2003-03005 RU 3. Current Local Zoning Designation(s) 4. Proposed Local Plan Designation(s) LMDR INS 5. Proposed Local Zoning Designation(s) I III. Site Description 1. Parcel number( s) of area( s) proposed to be amended OS/29/16/00000/210/0000: OS/29/16/00000/210/0100: OS/29/16/00000/210/0200: OS/29/16/00000/210/0300 2. Acreage 35.7 3. Location 2701. 2720. 2751 & 2770 Re!!encv Oaks Blvd 4. Existing use Assisted Livin!! & Skilled Nursin!! Facilitv 5. Existing density 6. Name of project (if applicable) 7.5 du/a Re!!encv Oaks. LLC & Svlvan Health Properties. LLC 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. Subrnittalletter 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 3. Proposed local ordinance number and status. x 4. Staff report and local action to date. x 5. Attach local plan and zoning maps. x 6. Include proposed demarcation line for environmentally sensitive areas (if applicable). x 7. Legal description. x 8. Map clearly indicating amendment location. x 9. Plan Amendment Application. x DISCLOSURE OF INTEREST STATEMENT PINELLAS COUNTY PLANNING COUNCIL CASE NUMBER * SUBMITTING GOVERNMENT ENTITY: CITY OF CLEARWATER PPC OR CITY/TOWN CASE NUMBER: LUZ2003-03005 PROPERTY OWNERS/REPRESENTATIVE: OWNERS: REGENCY OAKS, LLC & SYLVAN HEALTH PROPERTIES, LLC REPRESENTATIVE: E.D. ARMSTRONG, III P.O. BOX 1368 CLEARWATER, FL 33757-1368 727-461-1818 ANY OTHER PERSONS HAVING ANY OWNERSHIP INTEREST IN THE SUBJECT PROPERTY: Interests: N/A Contingent: Absolute: Name: Specific Interest Held: INDICATION AS TO WHETHER A CONTRACT EXISTS FOR SALE OF SUBJECT PROPERTY, IF SO: N/A Contract is: Contingent Absolute All Parties To Contract: Name: INDICATION AS TO WHETHER THERE ARE ANY OPTIONS TO PURCHASE SUBJECT PROPERTY, IF SO: N/A All Parties To Option: Name: Name: ANY OTHER PERTINENT INFORMATION WHICH APPLICANT MAY WISH TO SUBMIT PERTAINING TO REQUESTED PLAN AMENDMENT: * NUMBER TO BE ASSIGNED BY PLANNING COUNCIL STAFF