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FLD2003-02011 . ~ Clearwater . u MEMORANDUM DA TE: Community Development Board (CDB) Me~itv Lisa L. Fierce, Assistant Planning Director lJ 0 May 9, 2003 TO: FROM: RE: Request for Reconsideration regarding Case FLD2003-02011 ******** Attached is a request on behalf of the RCS Food Pantry for the Board to reconsider the case that was denied at the April 15, 2003 CDB meeting. Code Section 4-206.H. states: After a final decision, reconsideration or rehearing may be granted only upon a determination by the Community Development Board or the Hearing Officer, as the case may be (at the next regularly scheduled meeting of the Community Development Board or within 10 days of the date of the Hearing Officer's decision), that the decision was based upon mistake, fraud or misrepresentation. If reconsideration or rehearing is granted, notice shall be provided in the same manner as the original proceeding. Additionally, the CDB Rules of Procedure state, in part, that any party who opposes the reconsideration may address the Board solely in regard to the reasons for the reconsideration. \ S:\Planning Departmen^C D lAFLEX'Jnactive or Finished Applications\Myrtle N 405 RCS - DeniedIMyrtle 405 memo to cdb regarding reconsideration request. doc . ./1) ~Tjr;r;);, 0 z 0 ( I RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. 2700 SUNTRUST FI~JANCIAL CENTRE 401 EAST JACKSON STREET TAMPA, FLORIDA 33602-5841 ATTORNEYS AT LAW (813) 222-6627 FAX: (813) 314-6927 BRY AN.ST ANLEY@RUDEN.COM May 7, 2003 VIA FEDERAL EXPRESS RECEIVED City of Clearwater Community Development Board Planning Department 100 South Myrtle A venue Clearwater, Florida 33756 MAY U b 2U03 PLANNING DEPARTMENT CITY OF CLEARWATER Re: Request for Reconsideration and Rehearing of City of Clearwater Community Development Board ("CDB") denial of application by Religious Community Services, Inc., a Florida non-for-profit corporation ("RCS") for new Food Pantry at 405 N. Myrtle, Clearwater, Florida Case No. FLD 2003-02011 Dear Ladies and Gentlemen: This firm represents RCS. This letter is to request a reconsideration and rehearing of the CDB's decision of April 15, 2003 to deny RCS's application for approval of the above- referenced site for its new Food Pantry. Reconsideration of the CDB's decision may be permitted pursuant to City of Clearwater Code Section 4-206(H), which provides as follows: After a final decision, reconsideration or rehearing may be granted only upon a determination by the community development board or the hearing officer, as the case may be, at the next regularly scheduled meeting of the community development board or within ten days of a hearing officers (sic) that the decision, was based upon mistake, fraud or misrepresentation. If consideration or rehearing is granted, notice shall be provided in the same manner as the original proceeding. RCS requests the CDB's reconsideration and rehearing of its decision of April 15, 2003 in the above-referenced case based upon the fact that the decision was based upon a number of mistakes. The first mistake that was made in connection with the CDB's decision relates to the Food Pantry's parking plan. At the time the original application was filed by RCS, the plan for the Food Pantry did not maximize the number of available on-site parking spaces. At that time, RCS and its consultants did not envision that the CDB or neighboring home and business owners would be concerned about the number of parking spaces on site. Since the City's Planning TPA:273781 :1 CARACAS · FT. LAU DERDALE · MIAMI · NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETE RSBU RG . TALLAHASSEE . TAMPA. WEST PALM BEACH . . City of Clearwater May 7, 2003 Page 2 Department did not recommend a modification of the parking plan or express concern over on- site parking, RCS did not attempt in its original application to maximize on-site parking. And, at the COB hearing on April 15, 2003, RCS was not provided an opportunity to demonstrate to the COB that there is significant area within the subject property for additional parking. RCS has revised its plans for this project to address this concern. In that regard, enclosed as Exhibit "A" to this letter is a revised plan of this project, which has been prepared on behalf of RCS by its architect. The revised plan now includes thirty eight (38) on-site parking spaces, seven (7) spaces greater than the plan previously submitted by RCS to the City. Additionally, in order to meet the City's requirement of forty four (44) parking spaces (4 per 1,000 square feet of gross floor area), RCS has requested that the City grant RCS the right to utilize up to six (6) existing parking spaces on property owned by the City located immediately to the north of the subject site. A copy of RCS' s request in that regard is attached as Exhibit "B" to this letter. As the request indicates, RCS proposes to utilize up to six (6) spaces not currently utilized by City employees on a daily basis, and the use of such spaces by RCS would be limited exclusively to parking for RCS's employees. The other reason the COB apparently rejected RCS's application for approval of the new Food Pantry location was that CDB members and neighboring home and business owners did not feel that the Food Pantry was an appropriate operation for the North Myrtle area. Based on comments of CDB members and neighboring land and business owners at the April 15, 2003 hearing, that conclusion is clearly based upon a mistaken perception of RCS, the Food Pantry, and the Food Pantry's clients. The Food Pantry of RCS has operated in Clearwater since 1982 and provides emergency and supplemental food to households that experience shortages of food on an emergency or ongoing basis. The Food Pantry's clients consist principally of working poor and those on fixed incomes, such as SS and SSI. The Food Pantry is ordinarily open from 8:30 a.m. to 4:30 p.m., Monday through Friday, but Food Pantry clients have access to the facility only between the hours of 12:30 p.m. to 3:45 p.m., as well as the first Saturday of each month from 9:00 a.m. to 12:00 p.m. Currently, the Food Pantry serves approximately 80 to 85 households daily, and 30 to 40 households on the first Saturday of each month. RCS estimates that its clients are generally at its facility for approximately 45 minutes. RCS strictly controls the activities of its clients at the Food Pantry. Among other rules, the Food Pantry refuses to serve any client whom they believe may be intoxicated. That rule and others are posted within the Food Pantry. Also, those utilizing the Food Pantry must provide proof of residency, proof of income, and social security cards for all household members. The Food Pantry's clients are permitted to access its services up to twice a month, and after the Food TPA:273781:1 CARACAS · FT. LAUDERDALE · MIAMI · NAPLES. PORT ST. LUCIE · SARASOTA. ST. PETERSBU RG · TALLAHASSEE . TAMPA. WEST PALM BEACH . . City of Clearwater May 7, 2003 Page 3 Pantry's clients have received food for one 1 year, each client or household is reevaluated. At the time of each visit, each household ordinarily receives enough food for 3 to 4 meals. No meals are actually prepared or cooked at the Food Pantry, and the Food Pantry does not operate a "soup kitchen". The Food Pantry maintains approximately 7 employees. The RCS administrative offices, which RCS envisions will eventually be located within the new Food Pantry facility, utilizes 6 additional employees. Each morning, between 6 and 8 Food Pantry volunteers assist RCS to prepare for the days activities, and from 12:30 p.m. to 3:45 p.m., 14 to 18 volunteers (many of whom carpool) assist with client interviews applicants and food distribution. From comments received by the CDB at the April 15, 2003 hearing, it is apparent that CDB members and neighboring land and business owners may mistakenly believe that the Food Pantry's clients include many transients and chronically-unemployed individuals. The suggestion was made that homeless people, in significant numbers, are fed at the Food Pantry and may engage in antisocial behavior while in the area. That could not be farther from the truth, and is contradicted by RCS' census of its Food Pantry clients. During the Food Pantry's fiscal year 2002, the Food Pantry served a total of 42,024 clients with emergency food, and just 341 (less than one percent (1 %)) were classified as transient. Enclosed under Exhibit "C" is RCS' Food Pantry's Emergency Food Monthly Report for September, 2002, which includes a demographic analysis of the clients accessing the Food Pantry for fiscal year 2002. As this Report provides, the Food Pantry principally serves residents of the City of Clearwater (during 2002, over 67% of the Food Pantry's clients were Clearwater residents). Also, pursuant to this Report, nearly 38% of those assisted by the Food Pantry in 2002 were children. These statistics demonstrate clearly that the suggestion that the Food Pantry's clients and operations will have a deleterious affect on the North Myrtle neighborhood is unfounded. To further demonstrate this point, enclosed under Exhibit "D" are letters from a number of the Food Pantry's current neighbors. As these letters indicate, neither of these professional offices have had any incidents or complaints and have not experienced loitering or litter from the Food Pantry's clients. These letters also demonstrate that at the April 15, 2003 meeting, some CDB members and a number of neighboring land and business owners misperceived the types of people who seek assistance from the Food Pantry. A final mistake made by the CDB in connection with its April 15, 2003 decision was the apparent assumption that there may be a better location for the Food Pantry. On the contrary, after lengthy searching and analysis, there is no other location available to RCS that could serve the Food Pantry's purposes. The 405 North Myrtle site is actually located near many of the Food Pantry's clients and is close to public transportation lines, so that clients without automobiles who cannot carpool may access the Food Pantry. TPA:273781 :1 CARACAS. FT. LAU DERDALE · MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBU RG · TALLAHASSEE. TAMPA. WEST PALM BEACH e . City of Clearwater May 7, 2003 Page 4 Since the CDB's April 15, 2003 decision was based in large part, if not entirely, upon these mistaken perceptions regarding available on-site and off-site parking and the Food Pantry's clientele, RCS would respectfully request that the CDB reconsider its decision and permit a rehearing ofRCS's development application at the CDB's June, 2003 meeting. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ~y~ BZS/brs Enclosures cc: Ron Dickman (Via Federal Express and Facsimile) Cynthia Tarapani (Via Federal Express and Facsimile) Garry Brumback (Via Federal Express and Facsimile) Emil Pratesi, Esq. (Via Federal Express and Facsimile) Jamia Austin (Via Federal Express and Facsimile) TPA:273781 :1 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG . TALLAHASSEE. TAMPA. WEST PALM BEACH . . ~~~ '0, "1~';JO!=P.J1"'., ....~I~'f:Jo!!il ~~.J$ GO:,lIjl,r(", p\.otl'lpA- 41 '.~ i ~'>l ~-' ~ e .,,,, ","-I""':It," 4::tS.0'1 ~ \' I ~ '" ., ~ R :tl !> -. ~ ~ ~ ~ '. )- I il :I .~ { ~ 2 ., g ~ .. 4-X-.._x_x ~ ~ 8 ~ '.rE FW ~ 9"ACES I lJ;;~ lsl. 'l'lP MOVED TO q ~,IE 6<XV TI<!':E 38 t . g ~ x-. -n. .I~" 37 >) ~ ~ ~ i 10 " <t 2 ~"' a 11 r,~~_-.:.E:: .,..".. ~.:"1.1l. F>.. ~I!l" """""'OQ.~ c:.~__n....~.."~' ._~'... ..,e..,....~.lIIo~ HAtcr STREEr ~ ONEYiA...... -- .? 5ITE PLAN ~ '.~20ft ~ ~ 05 TO :lID so I !SO DESIGN DEVELOPMENT!?R.AJfilNGS ~ Jl) ~ lS ~ C[. A-1 OFA-S IEt"I FAC-lLJTY POl'l. ~ELIGIOUS COMMiJNfTY SERVIce; -4OS Na'm+ t-rJ'RTI.E Avf:HJE a.E..I!~YV"TER. ~A MYERS & ASSOCIAlES AKCHl1"ECI'URE AlA PA .I ,W F. MYERS 91 iO O..uafURST ROAD SV.ff.E 3D SEMINOLE. R..ORIDA 4959 727 _ 595- 7IOCl FAX 721- 595 - 7!3$ Dl}'t'.rs:u-cll@Dl.lletromC{\!>> I A.~ ..(JO(B4bJ EXHIBIT I A . . RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. 2700 SUNTRUST FINANCIAL CENTRE 401 EAST JACKSON STREET TAMPA, FLORIDA 33602-5841 (813) 222-6627 FAX: (813) 314-6927 BRY AN.ST ANLEY@RUDEN.COM ATTORNEYS AT LAW May?, 2003 VIA FACSIMILE AND U.S. REGULAR MAIL Mr. Gary Brumback Assistant City Manager City of Clearwater City Manager's Office 112 S. Osceola Avenue Clearwater, Florida 33756 Re: Religious Community Services, Inc., a Florida non-for-profit corporation ("ReS") Relocation of Food Pantry at 405 N. Myrtle, Clearwater, Florida Case No. FLD 2003-02011 Dear Mr. Brumback: As your office is aware, I represent Religious Community Services, Inc., a Florida non- for profit corporation ("ReS"), with respect to the prospective relocation of its Food Pantry to 405 North Myrlte Avenue in Clearwater. The purpose of this letter is to formally request that the City of Clearwater agree to grant RCS an easement for the purposes of the vehicular parking upon certain real property owned by the City of Clearwater located immediately north of and adjacent to the 405 North Myrtle site. Based upon RCS' current plan for the new Food Pantry location, the Food Pantry will have 38 on-site parking spaces. RCS understands that 44 spaces would be required by the City of Clearwater Code (4 spaces per 1,000 square feet of gross fIor area). Accordingly, RCS would request that the easement encompass 6 spaces. Of course, the easement, if granted by the City, would contain such restrictions and limitations as the City deems appropriate, including indemnifications from RCS, insurance requirements for RCS, and a stipulation that the easement would be utilized only for employee parking. As we have briefly discussed, it would appear that there may be available area within the City's property north of the 405 North Myrtle site in which such an easement could be located. RCS, at its expense, would be willing to construct such fencing and gates and install such security measures in this area as the City feels may be necessary. If the City would be inclined to entertain and a rove of this re uest, please advise me, so that we may work out an acceptable agreement. EXHIBIT B i :9 TPA:274588:1 CARACAS · FT. LAUDERDALE · MIAMI. NAPLES. PORT ST. LUCIE . SARASOTA. . . . Mr. Gary Brumback May 7, 2003 Page 2 Thank you for your consideration of this request. If you should have any questions, please contact me at your convenience. Sincerely, RUDEN, McCLOSKY, SMITH, SC USTER & RUSSELL, P.A. BZS/bj s cc: Ron Dickman (via facsimile) lamia Austin (via facsimile) TPA:274588:1 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE · SARASOTA. ST. PETERSBURG · TALLAHASSEE · T ^"y1PA · WEST PALM BEACH . ,..' Jo (f) . Food Pantry of . RellgIOM~~tfift'RI/IIMfY02 For the Month of: Set r22 Services Provided Year to Date . Households Number of Households 1579 17150 . -.--.----.....- -..-...------..---. -.-...-.......-.-...- ---------------255 . --- .-.-.-...--. ...-._- - ---------2911 -... -~ - -. .-. -.. .--..-..- .-. New Households --AverageDaflV-Households------.. ------ -......--------.... -- >-- ----- -----_..~---.... --.----.---- 73.9 Number of Clients .-~..._. --... ._.._.. New Clients -_.------ - ... .- . - ..--.---..----..------- -~ .-- ....~"era9~p~i1Y. Qlif!I'I_~s. ._.. ___ . ~~. ....,... _ ...,. .. . ~., _.......... w".__...,..... _,_...--,. ,. , Adults Assisted Ciliidren Assisteir----------- 8abies-ASsIs\ed------------- ---- ___._~....._ ..'~ w_..."'......~__~...__.. ..~ IE~~~~~=~- Native American Clients I:~~~a:i:=~;e~~}.=~--- Other C.iients----- ----- ... . -- . ----- _40._~.."~ , . ,...-,,-..,...,..~----,--~.-.. ~..~. ,. .......- ClfentsoH::iearwater-------- -.-- .' 9fl8~~- ~(har9~=====-~::---- Clients of Dunedin 91ientsof S8fety-Har~r=-- .. Clients of Oldsmar Clients Out of Area Transients Entenman's Merita '-'. ."... ., Panera's Albertson's ~~~lilCfTa~pa Ba.yB~~f!~L -.,' t.1~'!'ber Congregat.~C?~_~~s. .._ Miscellaneous Foods ~~y_~~u.~ _ofA~~rl~==~:~ --- - Food for Families POStal Food Drive'~ .-~_..,.."...-....~~.... .. Q~~_t.i~n.Ble~sI~9~==~:=::=:~-.----.. .. Bucs Food Drive tu~ey-Trot~" - -_-===--==~~.'_-=___~ _____n_ Total: ~~DA_C:C?l'nm~ e~'!~~Lt:t__------ Indiv. -.... -..- .-- .... .-.----.--.- ---.---.- --...--.-- --. . Sites H/H . .. ._.M _...___.___~_._._._~_.._.. ... Indiv. Clients Individuals 3727 591 .----.---.----...-..-.. . _..~ 173.0 .. ..'~..~---" ..---'-.-"""" .-. 2337 1347 ._...__.___m___' _____.-_.... .- 43 n' .._... ..___.. . ... 2268 . - on .___._._. ..---- ... - __ 1128 ....-.-...-.-- ..- - 299 32 42024 . ~..-.._---_. -- ... 6390 ~ ..1 26094 .. .-.--.-----.--- - 15265 - ..- -.-.----.----.-..-. _.- 665 ..." ....-~. .,,-..-......, '--" --.... ~ . ---.-. ,.~. ... _.' .. 26843 ---------.-11908- ---~--- 2687 ___..u._.__.h 224 _. . ----.-_._----- ... ...-.. 109 .-. ..--.--.-.-.--..------. _..-.-. 18 -- ...-----..-------..-..-- --...---. 235 , _....... ~.h...'.&_~_____'.~... '.. -. . .. _.__~.L...___~__._..~ .._.. ..,.. 28325 ..._.....-.---f0305 --.---.-- - -- ---- - _.._--~ ...---------.- 2085 - ___ . -.--.--_0.- .___. ......__ .. .. 420 257 291 CJ 341 r (;>o~ I;' iN t)(.., If}b ~ . ._130lQ~1:20 ... ___~Q1!~~~8Q __.. __?91-~!?:~O __ 36!~~~.34 . .. 224!Q84:~9 115,753.64 --14i325~82 . ~~.:~-~4~~~Q.~~9 - 94,957.40 .. ~_=~~.<f.i~_~~50 w ___..___~~~_L~ 1 :~Q 0.00 0.00 1,625,301.90 - -. --. -------2428 -- .-- -.-...--..-.--..--.--......-. 1020 - ----..--..-.--- _.. --~.-. 155 25 23 ,- t1 48 ,)~ 28 , r;P Contributions Received 10427.20 _._.___L______... . .._ ___ __.___1!.Q1~:.~9 4 208.00 _ ___.___.:r:::_____ - . ______._~,?.5f?~~8 _.____ 22,~_:QQ ; 6,959.68 _'~_=_- 5,~_~~~~~ 0.00 ..- - _._------_._~-- .... 0.00 ..........----.---'''..-' .. ". 0.00 40,404.0(! ___ 0.00 -~" ,_._-~..~. ---...-.. _._-- 0.00 100,959.00 0.00 . . ----- -----------_!!~?!- _ ._________~!~5 492 554 . ._--.. -...--.,,-.. . 296 _ ____ _ __ ____10_05 5 ~-_.- ...------...-....- 400 12318 .-- ----- -.-------.-----+ - -----... 29695 - -......---.--------.... 5660 --.--...-..-..-.-.----.-.----... -.-....--. 7300 .--------3713.. . . ----." ---_.. ..-. 14094 _.___u_________ _...____._.._. -.-.------- 71 ---- -..-.-----...--.- ---------------- --..-.-..---.-. -----_._~ 4650 Volunteer Status: ..---....--..--..- ---..-.. __..- Hours Donated: AARp..StStus:---- _____~______n_ ___n_'. ---Hours-Oonatea.:-----.---- . -.-.. __.U4___. 1018102 l! :8 l!I EXHIBIT C P'DIATRIC MEDICIA Infants, Children, Young Adults John Patrick Hanley, M.D., F.A.A.P. Kay Knight Hanley, M.D., F.A.A.P. p April 28, 2003 . RE: Clearwater Food Pantry Druid Road Dear Sir/Madam: We are located across the street from the Food Pantry, and have not had any problems or concerns with the patrons of the Food Pantry. We have not had the patrons park in our facility, leave litter, or debris. We have no complaints with this facility or their patrons. ay Knig .Hanley, M.D., F.A.A.P. John Patrick Hanley, M.D., F.A.A.P. EXHIBIT i D Children's Place. 707 Druid Road East · Clearwater, FL 33756-3982 · 727-443-2679/727-441-9451 . Drs.;Howell, Whitehead an~ Associates, P.A. April 29. 2003 RE: Food Pantry . To Whom It May Concern: . PEDIATRIC DENTISTRY - ORTHODONTICS p We are writing this letter of character in regards to the Food Pantry, its employees and clients. We have been located across from their current location on Druid Road since the opening and have had no incidents or complaints. Their clients drive to this location to get their groceries. We have not had any problem with loitering on our property. We can see no reason why anyone would deny them the right of relocating. A1....~A Drs. Howell, Whitehead and Associates 707 Druid Road E Clearwater, FL 33756 ~f"\- r'""\....~ 'M...... . ,.,..... .' '.-,. r-I ., _~_"'_,''''' ._, ~..~ ,..._,..._ . ~ Ra;A Food Pantry . Res Programs: Grace House The Haven Stepping Stone RCS Thrift Store RCS Food Pantry March 17, 2003 700 Druid Road, West. Clearwater, FL 33756 Telephone (727) 443-4031 . Fax (727) 443-6874 rpantry@tampabay.rr.com ~""1S!nm If.pilll ,. I' "11 kA t~~~ i\iJ ;1,i\:.i t~~~'i AP~-:;;;" c??o (( The Food Pantry ofRCS is a non-profit feeding program that has been in existence since 1980. The primary function of the program is to provide food to households that are struggling financially to pay their bills and feed their families. Approximately 80-85 households are seen at the Food Pantry between the hours of 12:3Opm-3:45pm Monday thru Friday and the 1st Saturday of each month 9am-12 noon. Business Hours are 8:30am- 4:30pm. Our target population is the working poor, those on fixed income and most recently more of the unemployed. There are 7 employees and we utilize 20-25 volunteers in the day to day operation of the Food Pantry Program. The program is primarily donation based and is supported by 82 congregations in upper Pine lias County. Donations are usually received in the mornings via private vehicles. Twice a month in the mornings a semi will come to make a delivery. Parking Study: Monday through Fr\day between the hours of8am-12 noon there are 6-8 volunteers at the Food Pantry. From 12 noon to 3:45pm there are 18 volunteers and 80-85 clients who receive services within that time frame. Clients wait time to be seen is no longer than 45 minutes, therefore creating a continual flow of vehicle traffic. 60% of clients stated that came with someone (carpooled); 20% came alone; and the other 20% use public transportation or bicycles as a means to access the Food Pantry Program. Deliveries are received during the morning hours and do not conflict with the parking clients, staff and volunteers. The RCS Administrative office has a total of7 staffand their hours of operation are 8:30am-4:30pm Monday thru Friday. We have contacted Nick Champlin Pastor of Faith Christian Church located at 303 N. Myrtle Avenue to request the use of their parking for overflow if necessary. We are awaiting their response. Thank You r2acz';;1 lamia Austin Program Director M,f,) i"7 ~--1 .:. ,/ ~ .- "s-..s "'" Eo-, ~" II Unlb.dwey - ..;etwater o~ ~ . CAS DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: Planning Department 100 South Myrtle Avenue Clearwater. Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 a SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION a SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 11/05/02) - PLEASE TYPE OR PRlNT- use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Religious Community Services MAILING ADDRESS: . 1855 South Highland Avenue E-MAIL ADDRESS:rcs-inc@mindspring.com PHONE NUMBER: 727-584-3528 727-587-7747 CELL NUMBER: FAX NUMBER: PROPERTY OWNER(S): Religious Community Services, Inc (Must include ALL owners) AGENT NAME(S): Jay Hyers Myers & Associates Architecture MAILING ADDRESS: 9170 Oakhurst Rd. Suite 33 Seminole, Fl 33776 E-MAIL ADDRESS: Myersarch@ix.net.com PHONE NUMBER: 727-595-7100 CELL NUMBER: 727-430-4132 FAX NUMBER: 727-595-7138 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site: 405 N. Myrtle Ave. Clearwater, FL 33756 LEGAL DESCRIPTION: Included in Survey and Site Plan PARCEL NUMBER: (if not listed here, please note the location of this document in the submittal) 102915100440010010 and 102915225180000360 (also on Contract) PARCEL SIZE: (acres, square feet) PROPOSED USE AND SIZE: RCS Administration Office and RCS Food Pantry (number of dwelling units, hotel rooms or square footage of nonresidential use) 7000 square feet of office space and 7500 square feet warehouse and food distribution DESCRIPTION OF REQUEST(S): Deviation of height. Tallest point is 28ft. high. Eve heights 22 (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) ft for the purpose of using a forklift. ( See attached for more information) Page 1 of 7 - Aexible Development Application - Comprehensive 'nfill Redevelopment Project- City of Clearwater :' " ~ ,- . . , :.( .~ Requesting deviation of 5 ft. from 25 ft. to 20 ft. on South side of building. Set back to provide clearance foam a large Oak tree on North side of building. Specific use is for Administrative offices and food storage and food dLslribut'ton. ~ .. :.~: '.. .. '....~':);.::-- DOES'1HISN"PUCAflQN INVOLVE THE ~ER OF DEVELOPMENT RIGHTS (tDR).i.~ APPROVED fIUlMlIED '''I ~.OR APREV1DUSl.V ~(CERT1FIED)SITE Pf.AH1 YES L No _ ,......c:apyol...lWk.-a ~-~IJJ .......~:.:.;.~. ,,' c. '.ROOF OF OWNERSHIP: (Section 4-202.A) o SUBMIT" COPY OF THE nTLE INSURANCE P<1ICY, DEED TO THE PROPERTY OR SIGN AFFIOAVIT ATTESTING OWNERSnlP (1)8tI page II) D. ~RmEN SUBUmAL REQUIREMENTS: (Section 3-813.A) o ~e complete responses 10 lhe six (8) GENERAL APPlICABLITY CRITERIA - Explain 11m each crlCerla Is achieved, In detail: 1. TM proposed development of lhe land wit be In "-mony with lhe scale. buill. coverage. denslly and character of adjacent prnpertMls III wIltch It " !.OC<aled. The building 1n the area. will be similax:. ~n $cale in comoarison too..bther existlng...huilJ.Jngs The building will be a metal frame but the exterior facadg. wiJ I_~ appear to be as such. 2 Tile proposed development will not hinder or dlllcourag8 the appropnate development and use of adJacent land and buildings or :lkJ.II'it:antly . . IInpelt the valUe thereof. the proposed development will be comoatiable with other developments ill th~__ ~ ad1acent area. A new facility would not...impair the v;llnp- of rhp ;lrlj;lC"en.Lpr.upp-r..t.y. .' .~ 3. The proposed development wtn not adversely affect the health or safety or persons residing or working In the neighborhood otlhtt pruJ:osed No~'There are no health and safety hazards for the neighborhood. ~. The pr.Qposed devftloome11:1 designed to mtn;nlZe trafllc copgestlon. Yes. l_\1rrently c tents seekIng servIces carpool or access public transIJUrtati011. Our h~r_~~}r. operation are: 8:30 am - 4:30 pm M ~_X an9_tl~-:~~~__~i.I~Ur:dilY o( ca~h ~h 9am - 12 noon. Administrative office hours are 8:30am -4:30pm H - P. 5. TIle proposed development IS consistent with the community character of the Immediate vicinity of the parcel proposed for developmenl The ~~~~ along Myrtle Ave North and South of the proposed project has s~v~r~L-__ small bulldin2s that provide warehousing ;lnd 1 ight inctW:ltri~l work 6. The ""sign of the proposed development minimizes adverse effects. including visual. acousl\c and olfactory and hours of O)leralion Imparls, on 8dJac.Jnt properties. , The proposed huilding will hp ;:t m..,.;:tl f....m.. but will not h;lv~ mpt;:t] ~i,lpS-.~~1J_l .~.!-!-~ol~t~~p~rary'_ design and stucco I decorative block and glass. 'rille.. i::i .1lU .._ unusual noise or smell associated with this projects hOUTS of op",r;Hinn lJ Provldtt comp'ete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicabltil l'.xplaln b,g!( each crnerla Is achleved In detail: 1. The development or redevelopment of the parcel proposed for development Is oltlerwlselmpractlcal wnhout deviations front Ihe IIse. Inlllnslty and development standards. As. far as we know the only deviation from develooment standards. ilrliL5uut.ll ~cl:...hack (5 tt) to allow for clearance of large Oak tree to the North of hili 1 di ug.~llJ ._' he~iht_ ol_buUding, 28 ft to peak 22 ft. eves to allow fork lift operatiuu. A .- . ~ ': o. ~ '.' r Page 2 01 7 - Flexible Development Appllcallon . Comprehensive Inlin Redevelopment Project- City 0' Clearwater .t .. .... . ,. ," . ,1)40 () (!j' fJ J L.LL_ ,. .;: " !,. .., ,', \, ~ ~ ' ~ANO~OF.~RTV, T 1. SALE AND PURCHASE: Brtaa'" e.... Patridl , l'_~(.ftr..:1' Cen+..r ]' and..' JlellcJo- C_.....acy ~ IH. .. agnie to seI and buy on the terms and conditions specified below the property ("PrqlElrtY) described as: !'I" Adct8ss:"OS N. Myrtle Ave.. Clarnter. n. lr L~ Description: 1" ParcellD IOn9l1 511 lJO.<<IOOIlOOIO ..d 10119115/22518I000I0368 to be further determined by slIrvey. S' rSeller1 ("Buyer' . . .w g- 10' I" 12" inducing all improvements and the foHowing additional property: 13' oJ. 14' 16' 2. PURCHASE PRICE: $ 185,000.00 PRICE AND FINANCING payable by Buyer in U.S. funds as foHows: 1~ 11' (8) $ 5,000.1>>0 IS' 19 Deposit received (ched<s are sU:Jiect to dearanCe) .poD euntioD or scUer . _._ b't Sig1sIIn for "arrl~ aft CI)=~=~UOW ("ESClOlI flqEJIltj Additional deposit to be made by . _ ....01.. _.cJdYS from Effective Date. 010' (b) $_ ... ._ _ 0.00 ,1 22' (c) _ \UO Tala! Financing (see Paragraph 3 below) (express as a dollar arnounl 01 P8fctJ~I\(j\J;l) ,:1" (d) $ _ . ._ __ .__!l.Ill!. Ollter: 24' (e) $___,. _ .___lH.MQ!t Balance to dose (not incIu<ing Buyer's closing costs, prepaid items and proration:>). All funds ~~i pad at clusilg lnuSt he pcid by kJcaIy (jawn cashiof's chock. ollieii d d llJI:h (N will ~ 11111(1$, ). "6' 0 (I) (COInplole only if pUlchase price will be del9f'mined based on a per unil cost instead 01 a lixer.l PII"f.;) The unit 'J7' used to determine the purchase price is 0 lot 0 acre 0 square toot 0 other (specify: ---- .______--1 ,S' prolating areas of less than a full unit. The purchase price wil be $ per unit based 0/\ a calculation at 29 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordanco willI Paragraph :lO" 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: ;)1' " 32' 3. CASH/fiNANCING: (Check as applicable) 0 (a) Buyer will pay cash for the Property with no fl/1ancing conlil "Janey. 33' 0 (b) This Contract is contingent on Buyer ~ and obtairWlg the canmitment(s) or approval(s) specified below (tM :14' -Fflancingj within _ days from Effective Date (if left blank then Closing Date or 30 days fran Effeclive Dal*:). ....nictlIJ,If.( :.IS' occurs fl/'st) (Ihe .Financing Periodj. Buyer wi apptt for FIfl8flCing withil _ days from Effective Date (5 ua~ if left bk1flk) :J6 tJ1d wil timely provide any (fit aD credit, employment. finarlCiaI and other information reQUired by the lender, If Ouyer. aflel :17 using diligence and good faith, cannot obtain the Financing within the Financing Period, either party lIlUY ..ancel thid :18 COlltract Upon cancelation, Buyer wi! return to SeDer aI title evidence, surveys and associCIlion docllln(;lli~ provided by J9 SeIer. and Buyer's deposit(s) wiI be returned after Escrow Agent receives proper authorization flOm all int~m~\ed palli% 40 Buyer wiD pay all loan expenses, incIudng the lender's title insurance policy. 41' '0 (1) New Financing: Buyer wiD secure a commitment for new third party financing f01 $__ _ . ____ Of 42' _ _ _ % of the purchase price at the prevaing interest rate and loan costs. Buyer will keep Seller 01 Y J Rro4<€Jr lull,! 4:1 informed of the loan application status and progress and authorizes the lender or mortgage t)faker to dioclosfj all 44 such information to Seller and Broker. 45' 0 (2) Seller Financing: Buyer will execute a 0 first 0 second puchase money note and mOltgagfJ If' SeUer in the 46' amount of $ . bearing anooaI interest at _ % (fit payable as follows: 47' The mortgage, note, and 8l1Y security agreement wiI be in a form acceptable to Seller and will follow fun ns generaHy accepled in the COurlty where the Property is located; win provide for a late payment fee anu aCCEJlf;1 cltion at tha 5/" ~ L J p,.o I a-d SelertC.e.J ~ cd<roMedge ~ d ao::pfof 1tS~, 'Ah:il is Page 1 d 6 ~ VAC.6 10/00 C2000 r10rida Associalion of RE.-.r<Ri. AI Righls Reserved (]I€! ..... =""':"':' ~ 1 . \ " -UI 49 mottgage9'S C4)1ion if Buyer~; wiI fiNe Buyer the right to PftlP8Y without penalty aI or part oJ tho IJlitt4J1:JI at 0>1j , :tme(sJ with, inIeIeSt" criv to daI, . wiI be due, "on COI" fMIl,anc8 a __ prc:Mde fer releasu oJ (':~''3 ;.P8fcels. it ~ and will8... Buyer to keep IiBtJiIIIy hstnnC8 on the Pk."" wilh Seller as addliune' nemntJ ,lnsured. Buyer authotizes SeIer to obtain credit. employment and other necessary inforrnati(ln '0 delermitr;];i) ',aedilworttlineSS for the finanCklg. Seflerwil, wittWl10 days from EffectiYe Date, fiNe Buyer written notictt 0' whether OJ "not Setter will make the loan. . 0 (3) Mortgage Assumption: Buyer wi take title ~ to CW'ld a')Sl.fTl9 and pay exiiti1g ft'st rrortg:KJO fo ", "Y' . LNII in the approximate amount of $ _ CUlH.lIltly payable at Folo' ;$___ n__ por month it1cluding principal" interest, 0 taxes and insurance an<.! havillg a 0 tixt..-d 0 other iii' (ojSoihH) _n .------- tJ<!. ,interost rate of % which 0 wit 0 wi. not escalate upon assumption. Any variance in the mOrlgage wiD he r,'l " adjusted in the balance due at dosing with no adjustment to plI'chase price. Buyer wit pulchase Seller's escrow 114" :account dollar for doHar, If the larder dsapprO\l9S Buyer, or the interest rate upon transfer exceeds % or 1l1ti GS' : asslJmption/transfer lee exceeds $ , either party may elect to pay tho excess, fiJilillU ....hict. thi:.; t'O agrAerT'ent will tenninate and Buyer's deposit(s) will be returned. hi w/ CLOSING ciH 4, CLOSING DATE: OCCUPANCY: This Contract w~1 be closed and the deed and possession delivoHJd (.r I ,jr before f,fl' _at. ,I~ ,,"~iL.1 ( ~o, 1003 , unless extended by other provisions of this Contract. If on Closing D<:III~ insurancf; III underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance suspension is lillud -1 ~ " " 5. Cl:.OSING PROCEDURE; COSTS: Cklsing wi take place in the cOUlty ....mre the Property is Iocaled ClIlc:J IJI<JY Ilt1 condli;led n by electronic mEll3rn. If title ilstIa1C8 ilstIes Buyer fa' title defects arisi'lg between the title bi'lder effective date ruvl ,ecordnc.J of 7:1 Buyfin d9f!d, closing agent wi. disburse at dosing the net sale proceeds to SeIer and brokerage fees to Broker as ra Paragraph /4 17. In a:kJitiNllo other expenses puvided it1 this Contract. SeIer and Buyer.,.;a pay the costs indicaled below. 15 (8) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure lillt::l: certili6cl, 76' confirmed and rarified special assessment Hens: title evidence (if applicable under Paragraph 8); Other' n. ,A (b) Buyp.r Costs: Buyer will pay taxes and recording fees on notes and mortgages and reeordillU t(:(::; I Jr, the deed Tn and fin~llcing statements; loan expenses; pending special assessment liens; lender's titlo policy at thi; ~il iluitaOOOut iii!' issue rate; illsp()ctions; survey and sketch; insurance; Other: - --.. .') irt-W-- )' (c) Title Evidence and Insurance: Check (1) or (2): eJ P I ~JL_\jJ R;,!" ,~(t) Seller wiR provide a Paragraph 8(a)(1) owner's title ilsurance commitment as titlo ovidence. MSeller yet WI" wi. UOIA!;t fho title agent:~ Seller 0 Buyer wi. pay for the owner's tille policy. soarcll, oxamillallllll d rv'ated '14 charges. Each party wit pay its own dosing fees. <is' 0 (2) Seller wiD provide Iitle evidence as specified in Paragraph 8(a)(2). 0 Seller 0 Buyer wiR pay lor tllU c.-mer's tilll) ,;I; policy and select the tille agent. Seller wi. pay fees for title searches prior to closing. includin!} lax SIJWdl and lien ii;' search tf-\~s. and Buyer wi. pay fees for title searches after closing (if any), title examination ILl()S <lIld dllSil1(j foos. /VI (d) Prorations: I he following items wi. be made current and prorated as of the day lJefOle Closit 10 I lale: Coli-II asttilll II!l taxes. interest. honds, assessments, leases and other Property expenses and revenues. II taxes and assl)~;:)lnonts 101 .~) the CUllent year cannot be determined, the previous year's rates will be used with adjustment for any UXOInpfillllS. 0,11 (8) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property lax Act. which muy 92 rec:p.jre Seller to provide additional cash at dosing if Seller is a .foreign person" as defined by federal law 93 PROPERTY CONDITION 114 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, willi condiliofls 95 resulting from Buyer's Inspections and casualty damage. if any, excepted. Seller will maintain the landsr:aping and U6 groUf'\ds ip a comparable condition and oM" not engage in or permit any activity that would materially "It(JI tho PH1perty'::; '1/ coodtion without the Buyer's prior written consent. roll (8) Flood Zone: Buyer is advised to verify by survey. with the lender and with appropriiJle OOV(Jllllllt :111 . ".It:' ":iu:> whid 1 '19 flood lono tile Property is in, whether flood insurance is required and what restrictions apply to irnptOvill!j II III I 'rtJpfiI1)' o..llld 1m rebuilding in the event of casualty, 101 (b). Government Regulation: Buyer is advised that changes in government regulations and levols 01 sl;rvic.& which 102 a~t Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasihility Study \03 Period has e1(pired or it Buyer has checked choice (c)(2) below. HH (e) Inspections: (check (l) or (2) below} If IS' ~ (1) Feasibility Study: Buyer will, at Buyer's expense and within ~ days from Effective Dalu ("I-ua:-;iI~i1ity Stutlv 106' Period'), determine whether the Property is suitable, in Buyer's sole and absolute discretion for lOr :'J!stitucional publicJsemipublk use. CUing the Feasibility Study Period, Buyer may conduct ~ PI~eTen"ilunriient:ll lOti Bsse3sment and any other tests, analyses, surveys and investigations ("Inspections") that Buyer deems nocessaJ'f 10 l'l determine to Buyer's satisfaction the Property's engineering, architectural and environmenlal properliL'S; mninfj and '10' BuyetL _ J ~J ad SeIer lCLJ JJ.i.J ad<roMedge realPt of a cxpy of tHs plQ8, v.ti:Jl is Page 2 a 6 ~flS VAG-6 lO/Uj tl'J2000 rloricla Association of Rt;AIORie AI Rights Reserved ,. -. ;.. :.. ... ~; ." , "1 , ,'. ~ ... '.,1 . ; '" (' .J ~ .j, 1~5 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materfally damage<.l hy casuulty holcJf0 dosill~, '46 or SeIer neqotiates with a governmental authority to transfer at or part of the Property in lieu of eminent dOlT1aillllf'1Caoclings, 147 or if an emillent domain proceeding is initiated. Seller win promptly inform Buyer. Either party may cancellllic:; Contmct lJll by written nufice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer ""ill close in 149 accordallco with this Contract and receive all payments made by the government authority or insuranco ClJll1piJllY. if any. ISO TITLE 151 a, TiTlE: Seller will convey marketable title to the Property by statutory warranty deed or lrustee, per~()llallt:J lIu;:;cntallvl:l IS2 or guaraian deed as appropriate to Seller's status. 15:1 (a) Title Evidence: Title evidence will show logal access to the Property and marketable lilla 0\ lOCUli.! II. Seller in 15~ accordance with current title standards adopted by the Florida Bar, subject only to the followillU titlo (JxCIJplluIIS. none. of 15:,' which pll3Venl Buyer's intended use of the Property as la.tlhltl.al public/semipublic _: covenants. fJusanents &11<:1 156 restrictions of record; mailers of plat: existing zoni1g and g<Nerrmeflt regulations: oil, gas and mirl(Jlal rKJllb IJt recolu if 157 I~ ~., no right of entry; current taxes: mortgages that Buyer wi assoo18; and encunbrances that Seller will UischarQEl ~: 1-'" or &fore closing. Sener will. prior to closing, deiver 10 Buyer SeIIer"s choice of one of Ihe followirlQ types or litlo evidence. l'i() which rnu~t tJo generally accepted in the county where the Property is located (specify in Paragraph 5(c) tho sekJclt:::u lfi) type). Seller will use option (1) in Palm Beach CQU'lty and option (2) in Miami-Dade County. H}l (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of IlIe purcllw;t: pri.;e <lIkl 152 subject only to title exceptions set forth in this Contract. Hi-I (2) An existing abstract of title from a reputable and existilg abstracl filln Of linn is nol oxislir~J. lIuI dh;haLllfIusllltl If,., certilifJIJ as correct by an existing firm) purpating to be an accurate synopsis ollhe inslrumenls alfccltll!ll;llt:t to tlltJ 1"5 PrOP(lfty recorded in Ihe pubic records of the county where the Property is located and certilk>ct to E:1f(,-(,tlVO Out€). 166 However if such an abstract is not available to SeIer, then a prior owner's title policy acceplable to 1110 propo:-;ed insura 1/i7 as a basa for reissuance of coverage. SeDer wiI pay for copies of all poley exceptions and afl updalti ill a formal 1Ii8 acceplable to Buyer's closing agent from the poicy effective date and certified to Buyer or Buyer's ckJsiflg agE/ill. 169 together with copies of aB documents recited il the prior policy and in the update. If a prior poficy is rKll av'ailable to , 70 Seller thon (1) aba_ve wi be the title evidence. Tdle 9\Iidence wit be deivel9d no fatGr than 10 days holoro CIc lsirKJ Date. .71 (b).Tdle Examination: Buyer wi examine the title evidence and deliver written notico to Setler, withir. ~l day!; h. un receipt 12 of title ovidence but no fater than closing, of any defects that make the title unmarketable. Selier will hCJvo ~ln (lays fmm '73. BuyerL-J~ ern Selerl(jLJ( IJA~~ of aa:t1toflmp:lQe, v.tmePage3d 6Pap.l. VAC 8 101m fJ2001 rklrKtu AlIsoc:lntloll 01 Al'A1f1Jf;. AI Rights A8selwc1 ~ ." "2 113 114 115 116 117 Ill! , :. lHJ !.,u 1:>1 I;!:! 121 12. I <IS '26 1<17 U8 ; :!~) ':10 1 :11 q2 j \ 1:1:1' 134 1:\5 I:l/i I :il 1:18 1:19 I ~l) III 1~< I J:l 'H T ~ ;. , .; .,. ) .... .. , ~. .1 ." ., ~~ J , ,.i ... .. ~ .~ ~ :~ t :. ! J } :" ":". ~ ~ r, . . zonll'g restrictions; suD<JMSIOfl Slat..._ .. ana .,.. _. _(or~ to ~IC roatJs. ~iJtt", Wld 0Ihe1 . utifities' consistency with local state ....18gioI18I growth "'snsgemelll ~; 8Y8iIOOiIity 01 flOfmts, !)Gvemmenf . .appr~. .andlcensas;and.... .1 InIpecticJw..Ih8t.......___.. ... .~...........~detarmine.theProPtJI.ly.:5~. for the Buy"s intended uee.w.e ~ ~ be MZUt8d..1kIIw wiI . Ule rezonng fran lhe apptIpfialts go'J8I'nrnent agencies. Seller will sign aI c:foc:lJfn8nta Buf*" tsrequlred to fie in COMeCtion with d8voIoptnenf OJ . rezoning approvals. : SeHer gives Buyer. its agents, contractors and assigns. the righllo enter the Property at af~y litoo wing I....' FeBf:ibjIl~ Study Period for the PlKp059 of conductilg Inspections; proIIided, however, that Buyer, its agents, cOflhad(1fS ::lnU assigns snler the Property and conduct Inspections at their own risk. Buyer wi indemnify and hokJ Seller harml9Ss frurn losses, damages, costs. dams and expenses of any natale. including attorneys' fees. expenses and 1at:;~iIV incurred in application tor rezoning or related proceedings, and from &ability to any person. arising from II 19 corrdurt of allY and all Inspections or any wort< authorized by Buyer. Buyer will not engage in any activity thai could result in a . constrl.k:tion lien being lifed against the Property without Seller's prior written consent. If this transactk.1I1 uoa.q not . close, Buyer wiI, at Buyer's expense, (1) repair aI damages to the Property resulting from the Insp:;JClions ancJ return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller a~ report.s . and other work generated as a result of the Inspections. Buver will uetiver written notice to Seller prior to the expiration of the Fea.sibitity Study Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this llotictJ rtlQuiremellt will cOllstitute acceptance of the Property as suitable for Buyer's intended use in its "as is" conditioll. IIlhe Property is unacceptable to Buyer and written notice of this fact is timely deivered to Seffer. this Contract will he d6emerl terminated as of Ihe day after the Feasibility Study period ends and Buyer's deposit(s) win be returned after Escrow Agent receives proper authorization from at interested parties. 0(2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's PUfflC1SlJ:i, illdlldillg bcinH . satisfied that Elithar public sewerage and water are avalable to the Property or the Property will hu LIIJfJllJv(ld for ttK.' .: installation of a well and/or private sewerage cisposal system and that existing zoning and other pertinent rayulalions ..and reslrictions. slIch as subdivision or dead restrictions, concurrency, growth management <.Inu erllli.onmental Conditions. are acceptable to Buyer. This Contract is not contilgent art Buyer conducting any further invM;ligations. (d) Subdivided Lands: If this Contract is for the pu-chase of subdivided lands. defl'led by Florida Law a~ "(a) Anoj contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels. units, or interests; or (b) Any fand. whether contiguous or not. which is divided or proposeu to 1)(1 uivided into 50 or more lots, parcels. units, or interests which are offered as a part of a common promotional plan.", buyer may cancellhis C()ntr~ct for any reason whatsoever for a period of 7 business days from the dale on which HUYE.:r exocut(;~ this Contract. II Buyer elects to cancel wilhin the period proW:led, all funds or other property paid IJY HU'/sr will hG refunded without penalty or obligation within 20 days of the receipt of the notice of cancelation by IIltJ devell Jper. .74' receipt of Buyer's notice of defects (-CU'ative Period.) to ct.I'e the defects at Seller's EJXpellsu. II Seller cues III.. ,175 delticts within the Curative Period~wiI deliver written notice to Buyer and .~ties wit clew t1NJ tlUllSaclion on '711 ~ Date or wittin 10 days 11: en receipt of Seller"s notice if Closing haS passed. I' Seller ~ lWleble 10 177 o..e the defects wiltlin the CuratNe SeIer wII deher wrilten notice \0 ... and Buyer wi1. within 1 G ..Jafa &001 178 receipt of Seller's notice. either cancel this Contract or accept title with 8JCiatIng defects and close lhe trall~a...tion. 79 (c) Survey: Buyer may, prior to Closing Date and at Buyet"s expense, have the Property &neyed afld tit .:frIar writt~ IflI) noticE.! 10 Seller, within 5 days from receipt of survey but no later than closing, of allY encroochmults Oil 1100 PrOJ,JUty, I!ll encroachments by Ihe Property's improvements on other lands or deed restriction or zoning violalioll~ Any sud. 182 encroachment or violalion will be treated in the same mamer as a title defect and Buyer's and Seller's ob~gati(\l1$ will be lB3 determined in accordance with subparagraph (b) above. If any part of the Property lies seaward at the coastal IA4 construction control line. Seller wi. provide Buyer with an alfldavit or survey as required by law tll:llin8allfl~ the IinEl'~; 185 location on tile property, unless Buyer waives this requirement in writing. 1~ MISCELlANEOUS 11\7 9. EFFECTIVE DATE: TIME: The -Effective Date- of this Contract is the date on which the last at tho pi.lrtlt)~ ~litials uf 1l1li signs the latost otfer. Time is of the essence for all provisions of this Contract. A1IUme peliO<.ls exprf::lssod a::: days win 11'~ be comouted in business days (a Mbusiness day. is every calendar day except Saturday, Sunday alld Il<.tllunal lagal '00 holidays), except for time periods greatec than 60 days. which will be computed in calendar days. If any ueadlino falls on r. I'll Saturday, SuneJayor national legal holiday, performance will be due the next business day. All time J1eri\)(j~; Will ,>11(1 at S:CO '92 pm. IOC<:lllirne (meaning in the county where the Property is located) of the appropriate day. 193 10. NOTIGES: All notices wdl be made to the parties and Broker by mail, personal delivery or electronK.: modia. lluYE:r':j \ ~4 failue to deliver timely written notice to SeIer, when such notice is required by this Contract, regarding any conlingenciEts '~'5 witt render that contingency null and void and the Contract wit be construed as if the contingency did not exist. \ 00 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokera!J~ 197 agreementc;, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 1tl8 Modifications of this Contract wiU not be binding unless in writing, signed and delivered by the party to bo hound. Signatura..<;. 199 initials, doCUrTlL'f1ls relerenced in this Contract. counterparts and written modificatia1s canmunicated electronically 01 on papa .00 wiD be acce~table for aU purposes. including delivery. and wi be binding. Handwritten or typewritten terms illsertf.Jd in l)f 201 attaChed to this Contract prevail over preprinted terms. If any prOllision of this Contract is or becomes invalid or llllelltorct"A:iIJIf>. ,,1)2 all remaining fllovislons will continue to be fully effective. This Contract wal not be recorded in any public rt.,<:orels <'(13 12. ASSIGNABIUTY; PERSONS BOUND: Buyer may not assign this Contract witl10ut Seller's wlillell coll:,wl 'ho t81n)~ <'04 -Buyer," "Seller," and -Sroker- may be singular or plural. This Contract is binding on the heirs, adminislluturs. executors. ?05 person.:ll representatives and assigns Of permitted) of Buyer, Seller and Broker. <Ofl DEFAULT AND DISPUTE RESOLUTION ,<,07 13. DEFAULT: (a) Seller Default: If for aI'P( reason othe' than false of Seller to make Seller's tillo lIliJ1kolullle altul ;1.;Ulllt SI1Ul!. <118 Seller fails, roluses or neglects to perform this Contract, Buyer may choose to receive a returll uf Buyer's UL1xlsit wittl(IlJt 209 waNing tho liyht \0 seek uamages or to seek speci1ic performance as per Paragraph 16. Setter wil also be liable \0 Bfoker foe 2'0 the iJU amcullt of the brokerage fee. (b) Buyer Default: If Buyer fais to perform this Contract within the tirnti spo.ifiL.cI, includit1{j ? 11 timely puyrnellt of al deposits. Seller may choose to retai1 and collect aU deposits paid and agreed to tJe paid <.lS liquiddled 212 damage:> or to seek specific performance as per Paragraph 16: and Sroker wi., upon demand, receive 50% of all depo:>ils m paid and Clqrood to bepaid (to be spfit equally among cooperating brokers) up to the full amount olttlo Ilrokelilqo too. <,11 14. DISPUTE RESOLUTION: This Contract wi! be construed under Florida law. AI controversies. dains. und olllel mailers in "IS Question <lrising out alar relating to this transaction or this Contract or its breach wiD be settled as follows: ? 111 (.) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 3J days fr.XlI 217 the dalo conflicting demands are made to attempt to resolve the dispute through mediation. If that lails. bcrew Agf>f.t .18 win submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Flori(ja court or tllf: 219 Ronda Real Estate CommiSSion. Buyer and Sefler wi! be bound by any resulting settlement or order. '<';!o (b) All other disputes: Buyer and Seller wiU have 30 days from the date a cjspute arises betweell 1118H1 lu rlllOmpt to ";!1 resotvu t1lfJ rnaller through mediation. failing which the parties will resolve the dispute throu~JIt Iloutral bindin~1 '2'.1.2 arbitration in t1~ county where the Property is located. 'The arbitrator may not alter the Contract term'6 (II a'lIard nflY 2"l1 remedy 1101 provided for in this Contract. The award will be based on the greater weigh I 01 tltu 8vi(lunce and 'Will ?~'4 state fillcJillYs 01 tact and the contractual authority on which it is based. If the parties agree to use (tiscuvelY, il will 22~ be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all cJi~co'lery-rl:llaled 226 disputes. Any disputes with a real estate ficensee named in Paragraph 17 wi. be submitted to arbitration nnt{ if tl1fj '27 Iicenseo's broker consents in writing to become a party to the proceeding. This dause wiD survive CIOSirlg. ,,28 (c) Mediation and Arbitration; Expenses: -Mediation- is a process in which parties attempt to resolve a dispute by 'Uj submitting it to an impartial mediator who facitates the resolution of the dispute but who is not empowcfCd tu II''POSO u :00 settlP.ment on the parties. Mediation will be in accordance with the rules of the American Arbitration Association (-^AA") .:11 or other mediator agreed on by the parties. The parties wi! equally divide the mediation foo, if <lny. "lVhilrulron- is a 2:12 process in which the parties resolve a dispute by a hearing before a neutral person who decides the matt8r and whO'51:l '\1 de<;inion is binding on the parties. Arbitration will be in accordance with the rules or the AAA. or other arbilrator agreAd <34 on by the parties. Each party to any arbitration wi. pay its own fees, costs and expenses. including attorneys' lees, and 2:15' Buyer L ) ~ ad SeIer ~ Jl..PJ oct<roMedge ~ of a OCC'Iof 1hs P3Q9. ....tth is Page 4 (I fi Pa.J3S VAC-6 10/1.>>') ttl2000 rklfi<Ja Assooation of Rm.T~lJIj All Rights Reserved ~ , ~ ~JG will uqually spit !he arbilrat~ and administrative fees 0' arbitralion. "aM action to OI11ult;fJ an .lItJitraliclf 237 . -award. the prevailng party t-. .bitration shaI be entitled to reccMlr fr~ nonptevailing putly rtJ3bOl18bk. :>:VI ~'atlorOflVS' fees. costs and expenses. ZI8 ESCROW AGENT AND BROKER :/40 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hukJ IUlI(Js and ualH iterll!:i ., 14' esaow and. subject to clearance. disbUlse them upon proper authorization and in acconJanca wilh the Il:Illl~ of this ~42 Contract. induding disbursing brokerage fees. The parties agree that Escrow Agent wit not IJe IiabIa 10 UIIY person #VI 243 rnisdei\Ie'y ul escrowed items to Buyer or SeIer. unless the misdeivery is due to Escrow Agent's wil'u' b,each I)' thiS l44 Contracl or gross neglgence. If Escrow Agent interpleads the subject matter of the escrow. Escrow Agent wm pay tho 245 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid irom tho ~46 esaow9d funds or equivalent and charged and awarded as court costs in favor of the prevailing parl~'. All claimc 247 ag~f Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 248 16. PROFESSIONAl ADVICE; BROKER UABlUTY: Broker acMses Buyer and Seller to verify all facts and lepre:il)r1tation"i 249 that8l'a important to them and to consUl an appropriate professional for legal advice (for example. ilterpreting contracts. l"O dotGrmininq fhe effect of laws on the Property and transaction, status of tille. foreign investor 'enol1~ ,oquiu,mools. c,tc ! ,"J and fo, lax. p,opolly condition. environmental and other specialized advice. Buyer ()cknowIL1Jqo~ Ihill Hlllk", c10tlS I~,I .~,) reside Ifl 1110 fJrOJ,Je,ly and that all representations (oral, written or otherwise) by !:l,oke, altl ba:;ud Otl Seller ~<;'1 representations 0' public records unless Broker indicates personal verification ot the representalion. Buyer agreas to rely ~'>4 solely on Seller, professional inSpectOlS and governmental agencies for verification of the Property condition and fact::. J,)5 that materially affect Property value. Buyer and Seller respectively wiD pay all costs and expenses, including IPaSOlOClblc _Sfi attomey~' tees at all levels. incurred by Broker and Broker's officers. directors, agents and employees in connection with _57 or arisiny flOm Buyer's or Seller's misstatement or failure to perfo,m contractual obligations. Buyer and Sttller ht>lo 2'iB harl1"lJess and release Broker and Broker's officers, directors. agents and employees from all liability fo, 10:::5 U' dl.na~fl "';1/ based en (1) Buyer's or Seller's misstatement or failure to perform contractual obligations: (2) Broke,'s pe,forlTl8flt:e. at 260 Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475, F.S.. as amended, Jr.1 including HICke,'s referral, recommendation or retention of any vendor: (3) products or services provi<..leti IJY any veroor; 262 and.(4) expensos incurred by any vendor. Buyer and Seller each assume full responsibility for selbc,ting and 263 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. ~o, purr)t'),>e!'i ot ttlis 21\4 paragraph, Broker w~1 be Irealed as a party to this Contract. This paragraph will survive closing, ~t\5 17. BROKERS: rhe licensee(s) and brokerage(s) named below a,e collectively ,efer'ed \0 as "8rokbl" Seller and Buyer ltiG acknowledge thaI the brokerage(s) named below are lhe plOCU'ing cause of this transaction. Instruction to Closing Agent: 2(;7 SeIer and Buyer direct closing agent to disburse at closing the fUI amount of the brokerage fees as snecitit..><J in ~parat& ~ brokerage agreements with lhe parties and cooperative agreements between the brokers. unless Brok8l' has rt;ltainoo such ,h9 tees from the escrowed funds. In the absence of such brokerage agreements. closing agent will disbtl'SC 111""0(ag9 tees 270 as indicatoo below. Z71' Hurls & Company 272 Re8I EstB'..UC9tISYR 273" Mlnha/l S. lIarris s~' ;I" ~ O1pt DuUerealty.com Reel Eslale Ucensee Georee Hurst ______.. . _ ____ 1 ... ~ -:r~[J' Broker I Brokemge fee: IS or % of Purr./llJS8 PfH.H) _~_lJ.._~ -__ _____9~__ ~ 74' Droker I 8r>'>I<"< 8yt1 "'e' IS IV % ()f Purchase Prce) ;75' U6 ADDITIONAL TERMS m' 18. ADDITIONAL TERMS: \L'""J 278' II " ,(J ?19' Dllc dlllg~lIu: ..lid du~lllJ; ~h..1I bc IClHlClldcd \:u..h:......unlllCullsly lIUbJet'1 101))1111111:': 01 building I"" .....) ..lid Ih~ ('I.} gl i1I1UrIlr CI '~, ? the ~'5'1,,;, -.=<1 ..~. ...:t~ t... tl.~ 8...1~' ~~ :..t~..d...d ...~-.;; ... _ ...... ... ",III .Fvvd d:~(. :1...1:.,.. ~~..t~r. 00" c~j~~ 0; 114 iJrs ~) .'81" T fF ,I\;, Seller ~hall provide Buyer within five (5) days or ell!t:utlon hereto. u.IKb..1 documen s to enyironmenlals, surveys, studies, ~A3' ap~rabals. permits, and any other documentation in Seller's p05SeS!lon related to said IJarcel. Orl!; j.,~,S tf' bc.~ {>((l1) jrt(~ tI ,,(\4' ~t. e1os;o:). U lJ'p R.."", '1 '.IllS' ~ 2l!fi' '.Ill 7' /8Il' <89" I '.'00' , " <9" ,'92' ,- ~gT ~}o\' -- :9!>' BuyerL. )~cY"(:lSeler(r.:p 1~~~ofacq:>yoflhs~.....rt:t1isP~5ot 6Pa::,ps. .~ VAC.8 10:ril "'2000 nori<1a Associafion 01 ~IOffie All Rights Resecved :1;)6' . . 'lU1" 3r 2l18' :JOlt 301' :U.1' 303" :ll4' JOO' 30lt :lO7' :JI18' 3(111' 310' 31" :J12' 31:)' :114' 31S' :lllr 11. 318' 1\9' .l:N' ',." l.<! This is intended to be a IegaJIy binding contract. If not fuly understood, seek the advice of an att~y prior to signilYJ, '12:1 OFFER AND ACCEPTANCE .1:14' (Check if applicable: 0 Buyer received a written real property disdoSure statement from Seller before makil '9 lhi:.; ( )IIL'f.) '125 Buyer olfor:; 10 purchc150 the Property on the above terms and conditions, Unless, ttlis Con~r is SKJllfJ(j t IV Seller ~,d C1 ,126' cCl,':1/ deliv8leU to Buyer no later than 5:00 PM 0 a,m, it p.m, on Janua ~ j 11 2003 n' tllI:1 ulftll WlIII)f, 3:17 revoked and Buyer's deposit refooded 0 clea of ~I 3211' [)at~: J J J2 / a 3 Buye , ~ Tax ID/SSN: J:!9' t' ;' Pml name: Rnnald DIl'kmalL 1i'.1l~lltlVI! DlrHtnr ,l:lO' Date: :1.Jl' Buyer: Pml name: Tax ID/SSN: J;l:.!' Phone: f727t?~4-J52H n1' Fax: .fL.17) !l87-7747 Address: 1855 Hh!:hland Ave.. S Clearwater. FI. JJ756 ~,~ !If::.?~ ~PLfI>~ Tax ID/SSN: ;t~/:J ,~/fLidtL :l:J4' Dale: __._________ 3:15' :J:lb~ Date: Seller: ,1:,,. Pml name: Celia Patrick ,!:Ilr Phone: 1111l-4-42-H4-4H Address: 1854 Venetian Point Dr,. Clearwater. FL :I:l!r F~: :I.lIT 8"Seller counters Buyer's offer (to accept the COtXlter offer, Buyer must sign or initial the counter offered ta-ms and dbliver t) :14 t' COf1f of the acceptance to Seier by 5:00 p.m, on JanuBY 13. , 2003 ). 0 Seller rejects Buyer's offor, Tax ID/SSN: ~~ 'lcJ _~'~ Q~(' z, '142' Effective Date: J ~ :Z.~ 200.3 (The date on which the last party signed or initialed acceptance of the final offer,) J43' ~ ~ l._l CYld SeIer ~ t.teJ acfq'CMedge ~ ci a cqJoJ of ttis page, wtich is Page 6 of 6 PCJges. Thel'bldll As.'tOCiltIun of REAl.1I:lAII8nd IDCIII BoMlfAssocllllonof Rf.ollcM.... no .-.-_AIIIo.I_lo.....-..v or ~ of..., pnMsiDnof de bill .,,,~ IPBC.ic . _ ........ ThIs SllIndlIlIllllld ronn shlluId not a. &..s In ClQII1IIIIIl ..._...... or .... .....-1Id8rs 01 -*ilIDns. ~ ronn 1I......1Dr... br IIlII enIlnI ...... ;>dato 1IllII..lry tnd.. nut Inlendlld 10 tlenlify"'-. . AfttI&.JaA. AEIullR III.,.-.t c:oIIecIIve __,_ship nwllltllll..., be UMd ontt "" ... ......1cenMes who ant n"""be~ .., Ihe - ....1DnIl AsIIo<-.r.1Ion 01 RwIORS 8nd who IllbIICrIle lo III Code 01 EtIlk:s. n\8~ Iftws ct II. tklll8lJ sr- (17 Us. Codlt tobr:llhllUBMD'lNd ~ of I:B* bma I:1t IJO( ~ ~ IacsmIII a ccnp.IeMll I knIt; VAC~ 10100 C2000 florida Associalion of Re~LlORi. AI Rights ReS8MJd ;I . 2. TM ~llapftMnI 01.. pen* llf.... tar _~1apIMIlt _. .................. ......IIlIJIMIlI P'DIICI 01 .............. Pf'lIed we not nIdUc:e the ,. IMIII8I vaIUa d .... ~ (Include .. ....... -- d .. ... 8M lie lNOtl MM -- fII ... ... .. lie ~_....) $185,000.00 for property; $$000000.00 for bull.dlng and. improvem~_~ts._ 3. The uses within the comprehenslvit Inlll redevelopment prated lIIe othelWlH permitted In lhe City at C..arwater. _.Y~~. thp prnpnqp~ development is permitte~ in thp C-ity nf Clearwater. 4. The uses Of' mix of use wtthln the comprehenelve Inflll redevelopment projed ale compatible with adj8centland uses. Administrative offices, food distribution and food storage is comoatible w~th-the -'ldJ,ac.en t land. use. 5. Sult8ble slles for development or redevelopment of the u..s or mix of use. wilhln the compiehenslve Infll redevelopment projeCt are n()l TL.olIle"'pwrtsoe p"'oalls8eble "'Stlle Celly DfsC....-.e t...mo' s tit hi 1 1 i f h 1 i u a 1t is tne appropr a e geograp ca ocat on or t e c en~__ base that will be serviced at the facility. Our service area is Northern Pinellas County. 6 The development of the parcel propoMd for development as a comprehensive Infll redevelopment projed wlll upgrade the immediate vK.lnily of the parcel propqsed for development. Yes. It will aesthetically improve the vicinity of the neighborhood. 7. Tne delilJn of the propoMd comprehensM Infll redevelopment projed cr..... a form and f\lndlan thai enhances the community character .,1 the immediate vlclnlly of the parcel propoaed fOl development and the cay of C..arwaler .. a who". The proposed developmp-nt will he a rlpan ,ipqign ..ha.. w111 hp rnmp<ltiahl.. SUIW;L..1lf. _.r.he....-a~jal"pnt hnilr1ingQ Landscapini will be a~ natllra1 aq pnl';!'lihlp and compliment the existin~ tree canopy. 8. Flexibility In regard to lot width. required ..tbaCks. height and off-street parking are Justified by the benents to community character and lhe immediate vlclnKy of the parcel propolad for development and the City of C.._atsr a. a who... To make the buildini functinn IHI it qhnllld. we need enouih square footage to enable us to have sufficient room to maneuver a fork lift to move pallets of food. 9. Adequl!lte o"-street p_klng In 1M Immed.... vlclnlly according lID the -"Mad palttlng formu" In DIvlsIon 1. of Article 3 wlI be available \0 a'lOld on-slreet parking In the Immedlal8 vtc:Inllv at parcel propoied few d8Y8lopm8nl. There is not a need to share parking wi th ~hp l'lIITTnlln~ing f;l('i 11 tie.. We be~_ that we have sufficient parkin~ at the proposed development. 10. The design of all buildings compiles wtlh lhe Tourist Dlstnet or Downtown Dlstnct design guidelines In Dtvlslon 5 of Article 3 (as appllcaLIA). U.. separate sheets as necessary. N/A Page 3 of 7 _ Flexible Development Application - Comprehensive InliH Redevelopment Projecl- City of C"arwaler E. 'SUPPLEMENTAL SU8MITTAL~ (Code s.ttlon~) . o SIGNED AND SEALED SURVEY (IncbIIng.... 4eeCdplIDft fJI""""" - 0... ........ .... t2 oopIIe; o TREE SURVEY (1nc:UdlnO ailing ..... an ... .... __ 25' ollie ........ .... by II*IM- ... (D8H ." 01......). 8Ild IOc8IIon. InClUding ~ lines and IndIc8llnO ..... II) be ..ancwed); o LOCA TICN MAP OF THE PROPERTY; C PARKING DEMAND STUDY In CDI$IndIan wIh . ...... to maU ~lb.. to ... parking IUndUda (Ia. RecIuca numIMI 0' apace.). Prior to \he 1Ubm... 0' 11_ apcllICMIan. lIIe mefllodOlotY 0I1UCh lludy IhaI be appnMICI by ... Communly DewIaplMnt CoordlnalDf and aMI be In acc:ordanCe wlIh KcapeM ttaftk: .~rtno pr"..IdpIaa. The ftnd. oIl11e Aldy wi! be UMd In de~ wMCIW 01 not deNllona to the p8rtl1ng .aanclard. are approwcI; C GRADING PlAN. ..IIPIlIIcabIe; o PRELIMINARY PLAT. .. reqund (NoIe: Building perm" wit not be ......., until evidence 0' rec:on:Ilng . ftnat plIIlls proWled); (J COpy OF RECOROED PLAT. -applicable: F. SITE PLAN SUBMm AL REQUIREMENTS: (Section 4-202.A) o SITE PlAN with the FoIowlng information (not to excaed 24. x 38"): All dlmenelona; Nor1h arrow; Engineering ber Kale (minimum Kale on. Inch equaJe 50 feat). 8Ild de.. praparlld; Loc:atlon map; Index sheet "'e~ IndlvldullhMta lncUIed In pac:Ilage; Footprint and .e 01.. EXISTING bulldlnga end 1truCt\nS; Footprint and .e 01.. PROPOSED buId. and snc:tur..; AI requlrecl Mtbeclla; AI exISting and proposed polnta 01 ac:cea; AI requtred sight trteng...; Identlllcatlon 0' anvtronm.n&aly unique "'_. .uch .. waterco....... wetland.. trse m...... Ind lpeclmen tra... including dUCrlptlon end locatIOn 01 Wldentory. ground cover vegetation and wtldllfellabltata. ete; Location of all pubic and private ...manta; Location of .. ....t rights-of-way wIIlln and acltacant to the lit.; Location 0' ._1sIng public: and prttMI ~ IncUIIng lire hydnnta. storm and anbly sewer 1Inu. manhole. and Ilfl ltatlon.. OS. and waler 1nM; All parking 1JI8CI.. drtvewav-.1oedIng ...... 8Ild vehlcul8r ... ..... Inc*IdIng handicapped apac:n; Depiction by INdIng Of c:roulWlClllnG 01 .. ,*,*ed partdng lot INerIor 18ndSCapad .....; Location 0' .. sold ..... ClIf'IlaIMn. lWqdIng Of trash handling ..... and oulslde _~ equipment and al required screening (por Section 3-201(0)(1) and Index t701}; Location of all 18ndecape !MI.""; Location of .1 Jultldlctlonal 1M. aclllC8nt to weOInd.; Locallon of a. onaIe and offill etorm-w.., management facllllles; Locallon 0' all outdoor lighting fbdu...; and Locallon of .1I....tIng .nd proposed sid..... (J SITE DATA TABLE for .xlStlng. required. and proposed developm.nt. In wrtttenlt8bular form: Land araa In !qua.. feet .nd acr.; Number 0' EXISTtlG dwdng un..; Numb., 0' PROPOSED dwdlng un..; Grou fIoOf ... d~ II) adI...; PerIdnG .pace.; '*' number. pruented In llIbuler torm wIh the runber of reqund .paces; Total pfted ..... including .. p...s partdng ep8C8S and dltvawaye. .xprsued In aquara ,eet .nd percentage of It\e paved vehicular ar..; SIz. encI specIM 01 .. IandeIpI material: Otflc181 records book and P-aa numbere of al existing utllly ...man!; Building and structure helghta; Impermeable surface redo (I.S.R.); .nd Floor area ratio (F .A.R.) fOl aa nonrasldentlal use. a REDUCED SITE PLAN to seale (8 ~ X 11) and color randerlng If poedlle a FOR DEVELOPMENTS OVER ONE ACRE. proYlde the 'olIowIng addlllonalln'ormatlon on site plan: One-foot contoure<< spot elllYaUona on ...; Offslle elevation. If required II) IVllIueIe the propo.d .tormwal.r management for lhe parC81; All open space ....: Locallon 0' II IIIth Of ..lerlWlalnlng .... and aar1h berm.; Lot lIneIand buldlng lInM (cttmeneIoned): Streeta and drMle (dlmeneloned); Buldlng and strudUral satblcks (dlrnlnsloned); Strud~al overhangs; Tr.. Inventory; pr.....d by."cartIlIed 1I'boftlIt". 0' aIllr... 8. DBH Of gr....r. reflec:lIng sIZe, canopy (drtp linn) and condition of such Irees Page. 0' 7 _ Flexible Development Appllc8llon . Compr....enllY. InfUI Redevelopment Project- City of Clearwater G. LANDSCAPtNG PLAN SU8Ml1TAL REQUIREMENTS: (s.cdon 4-1102.A) a LANDSCAPE PLAN: AI......... ~......; N..... 01 ....... ......; o..lnege .... ........ ......1ncIudInO ....... aide llopea and boltllm elrilllone: 0elInHlIan .... ........ 01 .. ....... perlmeIer IMdICaCM burfMa; SlgM ~ lrIMgIM; Delne8llDn ... ....... GI .. ~ .,... 1nc:lJd~ JendIC8pIng 1118nd. and curblng; PropoeId .. reqund pertdnI.....; ex..o.... .......... IIOIIlI J1I1 III tldJ8Cenl to the .... by apecIM. .. and IocalloM. ~ cIrIpIne (ulndaracs on NqUlNd "'1UIY8Y): LoaIIon. .... ~1pIIon. ~ and ~nIIlIH of ...xIIIInCI end propoHd 1Ilnd~ ............1ndUd1ng bdank:8I and ClIIMIOft -; TY1**......... for...... ~. IlVUbI and ground CCMf pIenIS JncIudInlJ 1nalnIctIDM.1OI...... ~ mulchlng end ~ ......".a; Inlertar IMdIC8PIng .....1uItcMd and/ot lNded and labeled and InIertor IandlC8pe coverage. .xpIMIIng In bdh equare re.. and pe"*,lIIge coveMCI; Conditions 01. prevtoul dewlDpment appnwel (..g. conclltlons ImpCIMd by the Community Oewtopment Boa"'); Irrtgallon not.. a REDUceD LANDSCAPe P\.Nt to acaIe (S ~ X 11) (color ..nde~ "poulble) C IRRIGATION PLAN (required forLAvel Two and Th... applcatlone) a COMPREHENSIVE LANDSCAPE PROGRAM eppllcaltlon. .. eppIUI)le H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater o.slgn Criteria Manual and 4-202.A.21 ) C STORMW A TER P\.Nt --'clud~ \tie following requirements: Exllllng topography mending 50 f..t beyond .. property ......: Pl'OJIOsed grading Inctudlng lInIIMd floor ...".tIone of .. llNCIure.: AI adJacent .tr... end muntclpelllOrm .~.m.: Proposed lIOfmWIItet ..r1IIDl.....lIOn ...lnc:lJdlng lop of bank. IDe of .Iope and outlet COC'trollUudure: S1~....r CIIIcuIlillonl for .....,.IIIIIN\ end w'" qu811y; Signal'" of FIortd8 regIIter*l ~ Engine... on .. pie" and CIIlcutenon. C Copy OF PERMIT llQUIRY LETTER OR SOUTHWEST FLORIDA WATeR MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval II req.....d prtor to llluance of City Building Perm.). " epplle8ble C COpy OF STATE AND COUNTY STORMWATeR SYSTEM TIE.IN PERMIT APPLICATIONS. If appllc:8ble I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required In the .vent \tie epplCllClDn tnctud.. . development whe.. deSIgn ltande",' ... In III'" (e.g. Tourist and Downtown Dlltrtcls) or a. pert of . CompretlenaIYe InfII Redewlopment ProIKt or . R..ldentlal"'. PnlIed. a BUl.OING ELEVATIeN DRAWINGS -.. aide. of a. bulldlngllnc:ludlng height dlmenalo... coIotI and 1Mt...... C REDUceD BUILDING ELEVATIONS - 101M' lid.. of building with colofW end 1Mt..... 10 ICeIe (S ~ X 11) (1Mck and whIl. and color rendering. If poaaIIlle) a. required J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) C AI EXISTING fr.....ndlng and lIlt.Idled 1Ig..: Provide photogrephl and dlmen.1ons (.rea. height. etc.). lndIc.eIe whelhef ....y wllI be removed or 10..meIn. a AI PROPOSED f......nd~ ancllllaChed ligna; Provld. de18lalnWdlnQ 1oc:elIon. IlZe. height. colors. m8leMls .nd drawing C Comprellen"'" Sign Program eppbtlon. .. epplc:Mlle (MPerate applc8tlon .nd f.. required). a Reduced .Ignage propoul (I ~ Xii) (ooIor).1f .ubmlttlng ComprelleMM Sign Program epplcalon. Page 5 of 7 _ F1elllble D.velopmenl Appllc8t1on . ComprehenaIY. Intlll Radevelopment Project- CIy of Clearwater .~." ...... ~ ~-~....' r T.L ..... L SIGNATURE: I. .... ...._ted. ~ lNI aI ~AiIlkH. ...... In W. appA ..._~............ lID tile b..a d",., ~ .... auIrIortn CIly rej)I_..... lID vlIlt and ~ .... p~ deecI1becIln lNa ~1catIDn. ~STAT1E~~~~===-~"'lNa J.9i\day of A.D. 20.Jl..3 lID me atWUfX by .AA. wtlo .. penanaIy IInclwn 11M uced JJ....tl JU~ ~ _ Ilho.-...o... C?~~ j) ---. ~ ._c:o....-... - e-.~~=::: SIgnaiture d property owner or rep_ntad\Ie NoI8ry public. My commission expires: P~e 6 of 7 - Flexible Development Application - Comprehensive Inlill Redevelopment Project- City of Clearwater . . ~ f- ,,1:. ;. "~ ~~~ k " :..~ .lIf1: ., II. AfFIDAVIT TO AUTHORIZE AGENT: Reliaious Ccmnunity Services, Inc. (Names of al property owners) 1. ThIIt (I amJwe ani) tile owner{s} and recorc:t 1ItIe holder{s} of the following descrtbed property (address or generallocallon): 405 N. Mvrtle Ave., Clearwater, FL 33756 2. That ltIis property constitUtes the property for which a request for a: (descrtbe request) To build facilitv that will house the ReS Administrative Office and The ReS Focd Pantry. 3. That the undersigned (haslhave) appointed and (does/dO) appoint: Architecture ,ray My~rs of Myers and Associates as (hisJthelr) agent(s} to execute any petlttons or other documents necessary to affect such petltion; , 3. That ltIis affidavit has been executed to inauce the City of Clearwater. Flor1cla to consider and act on the above described property: 4. That ltIe applicant acJmowtedges that an Impact fees (parXs and recreation. tra1Tlc. etc.) will be paid PRIOR to the Issuance of a bulkllng permit, certl1'lcate of occupancy. or other mechanism. whichever occurs first; 5. That slt8 visits to the property are necessary by City representatives In order to process this application and the owner autrlortzes City nlpresentatlves to visit and pholl:lgraph the property desct1be;cl in ltIis application; 6. That (I/we), the undersigned aultlorlty, hereby certify that the foregoing is true ana correct. C?~~ Property Owner ReS Executive Director MY COMMISS!ON # CC 820711 Property Owner EXPIRES. Mlrch 24,cilfJ~ pF FLORIDA, ~ 'i _.;'0. C["''''~ =*r "f;l ~, .......~~5 .,.,~,',.~...'~ S:.JSAN L. GIBBONS COUNTY OF PINELLAS Before me the undersigned, an otllcer duly commissioned ~ the laws of the State of Floricla. on ItIIs \ ~ '1'''' day of ~ ~..-r-t . /1 CO 3 personaly appe8nld IS: c "" ^- ,J, W - '"'J:> ~ c k: "'"" c\. ".... who having been ftnst duly sworn Depo.- anll says that heIsl'le fully unclerslancls the contents of the afllclavtt that helshe signed. .-A My Commisslon Expires: ~C~ ~ .~~~ Notary PubIC S:\Pfanning DepartmenMpplicatjon Formsldevelopmenl f8viewl2002 FomlslaJmprellensiYe infill application 2OO2.doc Page 7 d 7 - Flexible o.velopment Applic8l1o" . Comprehensive 1"11I Redewlapmeftl P1Oject- City of ~ . . STORMWATER CALCULATIONS FOR MYRTLE AVENUE FOOD PANTRY MYRTLE AVENUE & HART STREET ~,!F'! ..~ ..Jb.~ - . ~ - co. ?dl DEVELOPER M~D 1" tt"1i~ I 7'""",,,~ (-i..'~...i RON DICKMAN, E.D~-' 1855 HIGHLAND AVENUE CLEARWATER, FLORIDA 33756 BY EAGLE CONSULTANT~ INC. CIVIL ENGINEERS · ENVIRONMENTAL.. LA.ND PLANNERS.. SURVEYORS E8 No. 9497, L8 No. pending 8514 Old County Road 54, New Port Richey, Florida 34653 Telephone: (727) 524-9666 Fax: (727) 524-9328 L ,41~~L- F.P.E"j~48313 ----!J-f3-tf;I'J---.- -- J2.z;/jsed 3" 1(0 '03 . . I l-----l L I \ - ~ 1 "' ~ - J: il' GRANT ~ r- 1 I - G CARLTON RUSSELL ~ iJ TANGERINE - - ~~ ENGMAN ~L lA!WlE \ 1-11, , ~AJJJ. BWFf a - n; !:; - I MillL PAJJJ.ETTO / I~ '; ~ :;s .1/; f/ ..... ~ ~ SEl4INOLE Sf I ~Fl.tINnI I' ST SElllNOLI SITE / I ~ rt EJl)R CcESf ElDRIIlr.I' ( t:A5 IW'LE ~ '- " , , flM- ~,x' ~ PlAZA l-l i'5 ~!PJ HART ! ,.1'IIC:lIW I -i 't ~ JONES z DREW '59c [}- f. :11 .r:::-::-::-'I J '-- ~~ A ...& - lAURA 7CGRfNE 60 Cff'Vl:1Awn ( 60 I Irsa' I NoterC _f:,ARK U ~ Cleo ~ \ PIERCE / trr )\~\ ~ --==651 ) I IJ COURT ~ GOULD ~ \ ~ / LJ I I t-- J NOT TO SCALE LOCA liON MAP . . PARCEL 1: LOTS 1, 2, 3, AND 4, AND THE EAST 4.69 FEET OF DREW COURT,BLOCK "A", BON AIR, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 77, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING: LESS THE WEST 14.38 FEET OF LOTS 1, 3, AND 4; AND THE NORTH 7.5 FEET OF LOT 4; AND LESS THAT PORTION OF LOTS 1 AND 2 DEEDED TO THE STATE OF FLORIDA IN O.R. BOOK 815, PAGE 616 AND THE WEST 7.78 FEET OF A TRIANGULAR PARCEL OF LAND IN THE SOUTH 100 FEET OF LOTS 1 AND 2, BLOCK A OF BON AIR SUBDIVISION, O.R. BOOK 636, PAGE 356. PARCEL 2: LOTS 36, 37, 39, AND 40, DREW PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 40, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXPECT THE NORTH 7.5 FEET OF THE WEST 40 FEET OF LOTS 40. LEGAL DESCRIPTION II II II II II II II II II II II II II 11 II II II II II 1\ II II II II II II ~ // ././ =-- .:::::......... '\ \\ 11 I W I !/ f~ :r: ~ l~ ~!" Ifj:. I ~i~ I~ ..? 8.8 II~ tp I zl z 18 riU I 11:1 ~~ : Ie f:~~ I Ifj ~_ I If. ..: I I I riil I H ~is. : :1 ~i ! "'f' i~ \[l'l/I '~ ~ r~ ! L..J 'Ii ttl, I~ ~~~~JI ~~ ~r ft.J I_ lel~. ~lt1 ~!J 'liI i' <: .:~J I"; la I 1~1 1 n i'j I I I~ ~) I I I Iii ~ I I 1.1 l', 5' I I~ f;~ I I I~: fU I I ' l~ ~~'jl \ ., I "'" ! I\'''''~.ss' ....t.. I , ~ i;b~':::.~ IV _. I t........-J ,.--:.:'1:t:;S-:&:::~~~~. ~'~~"-"-:" ',""""'", .!<.,;:.., lIT~, '" '~', ." ~~~~'l"':.'.:',;,,~,::,:,:,:,~,.".~.~"'~~6'}o~ .~..t~::.:~:.......~.1fIW"f" ~~.J....,. , ~.,."..,,___ S 89'5514 E '''''-ij/ I -) --~Hi;RY" STREit=~=- '~, --) ,- - -1 - _ _:::=:- ONE-WAY (fAst; .:= ~.:= _ _ -=- ~ -) I ---!:.::::::--:::.-:::'--~ F=--;;-~~-- ~ ~--+___ ~~~--jY1~~ . 1--l:IlI----lj1-=~ i F=l-I T--- II r IKI ~ I IKI IHI I K I I K I 11/ [L-:J I t~\ )~l I . c EXST. S1Ilf.WAIJ( TO BE Ra.tDVED BACl( TO !HE NEAREST JOWT FOR IlIlNE CONST!lIJCTlON @ b 9' (;\ ~ ~ f- I J ------+- -) nS'j 12' ~ ,., ., lNlliCIJES I .. CONCRETE I : ----r---l ~ @I' in 5' CONCJlETE WAIJ( I I i .Ii J I i0_~ I ~ ~~ I PROPOSED OFl'1CE BUILDlNG !i1 f I + ~l ~ISi . MDR ONE ..,..,..,. ~w ~.OO' @ I l~ I I I 'b I .. <9 I Jg I! N 1 II~ g ~ I'" J ON. """'" ~ MDR OUWPSml PAll PER Cfl'I' CllDE/SI'EClRCA'TIONS (SEE DEtAjL) ONE """"" """'" .........., EXIST. S11lEWAU< TO BE RBIO\IEIl l3lCK TO !HE NE'AAEST JOIHT FOR DR!IIE COHSTRUC'T1ON . . SITE DATA ZONING = "c" USE COMMERCIAL j OFFICE GENERAL SITE AREA 42,758 SQ. FT. (0.98 AC.) PROJECT AREA = 42,758 SQ. FT. (0.98 AC.) EXISTING BUILDING EXiSTING ASPH.jCONC. E~S~NG OPEN SPACE = 0 S.F. 0 S.F. = 42,758 S.F. 42,758 SF OR 100% 11,092 S.F. (GROUND FLOOR) = 14,592 S.F. (GROSS BUILDING) = 1 6.435 S.F. = 1,231 S.F. = 14,000 S.F. = 28,758 S.F. OR 67.2% = 14,000 S.F. OR 32.7% = 0.26 PERVIOUS AREA PROPOSED BUILDING PROPOSED ASPHALT & CURB PROPOSED CONC. SIDEWALK PROPOSED OPEN SPACE IMPERVlOUS AREA PERVIOUS AREA FLOOR AREA RA TlO PARKING TABULATION REQUIRED: OFFICE SPACE = 1 SPACE PER 250 S.F. WAREHOUSE SPACE = 1 SPACE PER 1000 S.F. OFFICE SPACE = 7000 S.F. / 250 = 28 SPACES WAREHOUSE SPACE = 7600 S.F. / 1000 = 8 SPACES TOTAL SPACE REQUIRED = 36 PROVIDED: 4 SPACES @ 12' x 19' (HANDICAP) 27 SPACES @ g' x 1 g' 31 SPACES PROVIDED e e CITY OF CLEARWATER (25 YEAR - 1 HOUR) PROJECT = e H!STORIC "a" CALCULATIONS e DATE: e . COEFFICIENT CALCULATIONS FOR MYRTLE AVENUE FOOD PANTRY 16-Mar-03 BASIN AREA == S.F. :: 0.98 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0,00 S.F. x 0.95 == 0.00 BUILDINGS 0.00 S.F. x 0.95 = 0.00 PONDS (D.H.W.) 0.00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 42.758.00 S.F. x 0.20 = 8,551.60 TOTALS 42,758.00 SF 8,551.60 "C" = 0.20 POST-DEVELOPED: ASPHAL T/CONCRETE '17' S.F. x 0.95 = 16,782.70 BUILDINGS '11,092.00 S.F. x 0.95 = 10,537.40 PONDS (D.H.W.) S.F. x 1.00 == 3,920.00 WETLAND (SHWT) 0.00 S.F. x 1.00 == 0.00 OPEN SPACE 10,080.00 SF x 0.20 == 2.016.00 TOTALS 42,758.00 SF 33,256.10 "e" = 0.78 . . 25YEAR-1HOURSTORM (THE CITY OF CLEARWATER) FOR MYRTLE AVENUE FOOD PANTRY SITE 758.0 S. F. 0.9816 AC. = PRE-DEVELOPED: IMPERVIOUS = 0.0 SF 0.0000 AC. PERVIOUS = 42,758.0 S.F. 0.9816 AC. "C" VALUE = 0.20 POST-DEVELOPED: IMPERVIOUS = S.F. 0.7502 AC. PERVIOUS = 10,080.0 SF 0.2314 AC. "e" VALUE = 0.73 WEIGHTED "e" = 0.53 (pOST-PRE) RAINFALL = ':< 1 IN. ,-,4,1 REQUIRED STORAGE ::: 5909.3 C.F. 16-Mar-03 . . STAGE STORAGE FOR: MYRTLE FOOD PANTRY --------- --------- ------~-- ----------- --------- ---------- --------- --------- -----.---- --------- -,--~--~----- --------- --------- -------.-- REQ'D D.E.R. VOl.UME BASIN AREA DEPTH OF RUNOFF 1,782 42,758 0.50 (C.F.) (SF) (Inch) STOR.AGE TABUU.,T!ONS FOR POI',ID '# 1 ----------------. ---------------. ---------------. ____..______________ _______________. __'w____________. __________~____. AREA @ T.O.B. 4710.0 ...................... EL 23.00 ARE.A, @ BOTTOr,,~ 1502.0 ....................... EL 20.25 STAGE SURFACE STORA,GE STA.GE SURFACE STORf.\GE Im<<.f) AREA (CU FI) Ii (ms!) AREA (CU FI) \ ..,H --------- --.---.---- --,------- ----------- --------- ------_._- --------- --------- --------- --------- ------------ --------- ----.----- --------- 20.25 '1502 0 II 21.66 3147 3278 20.32 "1584 109 II 21.73 3229 3503 20.39 1667 223 II 21.80 3312 3734 20.46 1749 344 II 21.87 3394 3970 20.53 1831 470 !I 21.94 3476 4212 20.60 1913 602 Ii 22.01 3558 4460 20.67 1996 740 II 22.08 3641 4714 20.74 2078 883 I! 22.15 3723 4974 20.81 2160 1033 II 22.22 3805 5239 20.88 2242 1188 Ii 22.29 3887 5510 .I 20.96 2325 1349 II 22.37 3970 5787 21.03 2407 1516 II Q.J.I.W. ~22.44 4052 6070 21.10 2489 16S9 II 22.51 4134 6359 \;211 ~21.17 25'71 1867 [I 22.58 4216 6653 Ii 21.24 2654 2051 II 22.65 4299 6953 21.31 2736 224"1 Ii 22.7'2 4381 7259 21.38 2818 2437 II 22.79 4463 7571 21.45 2900 2639 II 22.86 4545 7889 21.52 2983 2846 II 22.93 4628 8212 21.59 3065 3059 II 23.00 4710 8542 03/15/03 25 24 23 22 21 20 19 . RW LlNE.---I 5.00' -i TOP OF BANK ELEV.::::: 23.00 . PROPOSED BUILDING F.F. EL=24.50 -8" 25 24 23 22 21 20 19 18 [ [''''STIN: GRAD~ _ _ _ _ - BOTTOM / ELEV.= 20.25 L S.H.W.T.= EL. 20.00 18 17 17 POND SECTION A-I; NOT TO SCALE . EAGLE C:ONSUL TANTS WEIR CALCULATIONS FOR HQH = C L H^1.5 TOP OF BANK =: 23.00 DESIGN HIGH \tVATER =: 22.42 TOP OF WEIR =: 22.42 BOTTOM OF VVEiR =: 21.15 POND BOTTOM =: 21.00 Q =: 1.61 C.F.S. ,L\lLOWABLE c =: 3.30 H =: 1.27 "L" =: 0.34 FEET . DATE: 'I !3-Maf-03 0.34' WEIR NOTE: BAFFLE ON ALL SIDES . GRATE ELEV. 22.42 1.27' WElR ELEV. = 21.15 BOTTOM ELEV. = 20.65 BOTTOM OF BASIN ELEV. 17.50 FRONT VIEW CONTROL STRUCTURE N.T.S. . SIDE VIEW CONTROL STRUCTURE N.T.S. OUTFALL STRUCTURE DETAIL NOT TO SCAlE ANGLE IRON SUPPORT FRONT ONLY NON TRAFFIC GRATE 8" MASONRY OR APPROVED R.C. PREFAB IS) ,- (\1 II S ...J o I . l!1 C\l o C\l s z r-.j~ crcr OW I> cq H C w ~,/ l , to C'~ OJ ,- 2:f2 00 Z C'~ W ...J S Ow ...J lL ~ ;~ II _J ~ <- 5 (fJ ,- 5- :j w z 0 0 c::: <1:: 0 0 z 0 (!) CL Z 0 0 w 1= co , r~ :5 Q~ cry ~, ~ CL. ::J 0 ~ :;;.( ro cr u :< .~'... ~ CL. E n CD Z cry 0 0 ,- elJ L.f) z 0 f- (l) ? G '<t ? LL ::J 2 (') 0 <. ro 0 f- " S ..J .~ <( :::) G:: 0::: 0 ,,0 'i" W <1:: l.0 >.:.0 Z 2 ~ z ~ '- f- lY <( L- ED <( 0 0 2 <( z 0 0 0 0::: Ct: i= 0 ...J T.1 +-' 0 b <( w 0 w 6 z ..J (5 0::: W 0 C'J g: CL. W -) f W ('.') '<t ~ 0 0 a:: (0 f- '7 ~ .:0 (l) Z 0:. CL. W -< 0 UJ. OJ z ::J CL <( 0 0 0 g8f2gg ~~"':"i('~r.~i .~ :=.0-14=2:' __ ~ 2 ~ .;; 6 ~~~ 5; 3: ~S IDff).W..Q.pE:: of ro~ ->, lL. u-: "E ;:u fE: f:': c:: >:: a; <(<(8~~~ 0:5 co ..:::.. 2~ ('\1 ~ (..>~ Co) ~f~ Q.; 1..':: G') 0:. I :~ w ::2 UJ " -' .fF ~ ~ (I) ~ ~ ': z -g ro ill .;: .~ oS SS1...1~0' ~~~~~~ 'c -3 oS .3 is ~ CCcc:co:: 3: 5: "Pi 'e "~ 0 OO-Du'D---! ~~C3aU:i<( f..~2?E-g-gb o 0 ::J ::J ::J [- . 0 C\! 'D C;) 1..,0 ('.j ("! l.G. E ci ~ -<i (0 crj ~ tfj ro ~ ffi ~ ~ ('\1 B :p p E ([; o E .f: += N (\i n c) -,. . c.J co ~ l'- c-J G) ~ 0>) '<t \0 G) ~ 1'- N cq " q (!) c:i (') c:i ~ r..: (!) c..ri ~ OJ co c;:) !...... 1'- (.0 to l0 <U iD 5: > 0 0 i:;:: -.---------------- 1'- N c.:l '<t C;) l() I'~ N ,- c6 0 'D d, '"' vi 0i ~ 0) c;:) CO 1'- (l) CD '[) to ~ ~t5 ~ iR -_ ro o ("\.! o N o N o (\I o N o N o N o ("-I o (\1 0 '<l" 1'- '<"'- 1..,0') G) \'0 (l) 0 iO G) cry CO C-" <D m ill 0 C) OJ OJ r~ I'- <D to 1.;.') 0 0 ci 0 ci ci ci ci ci (l) v v ro E en 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OJ ~ N ("J N N 01 (~ N N 0) ro iv 5: > 0 (ll \;:: (l) E ~..2 C 0 .- > ("'1 al ~ $ - .9~ .~ u ro ~ ,- V cs ~, ill Gl 0) .n if} C 5 0;: 0 co:: (") 0 0 0 0 g 0 8 0 C) ~ Lo<" 0 0 0 0 ,,! (""'J ("J ,-"; ('~ 0<l f\~ ('-.1 ('.J x 5 ro 0 F- g N ro ~ co CiJ ~ o o N o o ('J 8 N o o t'-i o o N o o N o o N o o (oJ (') CiJ G) co ~ to OJ N OJ co r-- ~ '<t f'- ,- (...... ~ ('~ I'- C\l ,- CiJ 1'- o ~ o CiJ OJ l!"j o I'- (') C\l 1.0 LO v ('i} ~- o ------------------ ('oJ (') C\l (') (') C\l (') (') ~ .,- .,- ~ .,- ~ ~ ~ ci ci ci ci ci 0 0 0 ------.-.---------- 0 !'- 1O 0) 0 I'- tD (') 0 0 CO I'- m l.0 (") ("J ~ 0 G) 1'- <D 4') 'i" ("") C\l 0 g ("\J co C'J q lO C, Gl o N (') Co ci C\l f'J o o I'~ ci (....,r G~ C:l to o N l:,; 1'- '<t o ("'.J (') CD (') ~ o L() (';J ,.... N . . , 1'-6" 2'-0" 1'-0" (NO SOD) FI l TER MEDIA # 5 OR # 57 COARSE AGGREGATE (NOT FILTER MEDIA) TREA TMENT 1/2" ElEV. = 21.15 FILTER SAND DATA CLASSIFICATION: SP (ASTM D-2487)-2CM/SEC COEFFICIENT OF PERMEABILITY: 4.03:<10 EFFECTIVE GRAIN SIZE: 0.25 mm UNIFORMITY COEFFICIENT: 2.80 PERCENT PASSING #200 SIEVE: 0.3% (THIS IS FILTER MEDIA) ;:-r o I BOTTOM ElEV. = 20.25 S.H.W.T.= El. 20.00 - ..- 6" INY. = 19.00 30 MIL. P .v.C. LINER (WRAP ENTIRE SYSTEM EXCEPT ROCK AT POND BOTTOM) 6" P.V.C. UNDERDRAIN (AASHTO M-189) NO. 57 ROCK WITHIN MMOCO 45/ 45 FILTER FABRIC ENVELOPE - NO LIMESTONE ALLOWED. (NOT FILTER MEDIA) UNOERDRAIN DETAIL NOT TO SCALE . . S.W.F.W3M.De (25 YEAR - 24 HOUR) e e HISTORIC "0" CALCULATIONS PROJECT = rv'lyrtle Food DATE: O'1-Mar-Ci3 STORM = 2t:, (YEARS) -'-' RAINFALL= 8.2 (INCHES) AREA AREA IMPERVIOUS PERVIOUS "e" "Qn # (S.F.) (0.95) (0.20) (WEIGHTED) (C.F.S.) ~ 42758.0 0 42758 0.20 1.61 I . . COEFFICIENT CALCULATIONS 16-Mar-03 FOR MYRTLE FOOD PANTRY BASI N AREA = 758 SF = 0.98 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0,.00 SF x 0.95 = 0.00 BUILDINGS S.F. x 0.95 = 0.00 PONDS (D.L.W.) 0.00 S.F. x '1. 00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 42,758.00 S.F. x 0.20 = 8,551.60 TOTALS 42,758.00 SF 8,551.60 "e" = 0.20 POST-DEVELOPED: ASPHAL T/CONCRETE A...,. S.F. X 0.95 = 16,782.70 II BUILDINGS '11 00 S.F. x 0.95 = 10,537.40 PONDS (D.L.W.) -1 ~ 760,00 S.F. X 1.00 = 1,760.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 12.240.00 S.F. x 0.20 = 2.448.00 TOTALS 42,758.00 S.F. 31,528.10 "C" = 0.74 . . 25 YEAR - 24 HOUR JOB NAME : rl\.venue Food DATE 16-Mar-03 JOB# *********'****.....~ ************'**** **************) **************.; ******.k*******~' ""************ ****,".Irl~~r****** ******+*******, WATERSHED DATA ******-I~****** **************' **************** *****.Jt******"**,; **************'i ***\~*********",,~ ********,*'**** ************* ************~'r'*'j. ******.******* ************~~'k~ .k***'**....****** **************; COEFF.(C) AREA "CA" 0.7,4 '~,*****~i'****** ************-h-k~ ***'k**********l Q (HIST.) 1/2" (VOL) 0.98 0.73 1.131 (CFS.) 1782 (C.F.) (';),:j SF ******~H:***** **************"i ************* ************* **************, ************* **************'j. ************* **************.; ********'***'N**** **************i *it************~ **************1 ****~****.Jt* *'1r****~****** --------~ ---------- ----------- ---------- ---------- ---------- --------. --------- --------- --------- ---------- ----------... ---------~ ---------- ---------- --------" -.....--,----- --------.. 2 3 4 5 6 7 8 9 ________R _________" ___________ __________ _________.. __________ ________~ _________ ________" --------- -----,----- ----------.. ---------_.. ---------- ---------- --------- --------- -------~.. T.O.C. RAINFALL TIME ACe.RAIN. INFLOW OUTFLOW OUTFLO\l\ OUTFLOv\ DIFFERENCE (MIN.) (IN/HR) (HOURS) (INCHES) (AC.lFT.) (PERC) (PIPE) (TOTAL) (AC.lFT.) _____________ _______~ ______________ ____________ _____________ ______~_____R ___________ _____________ _____________ 1 13.17 0.02 0.22 0.013 0,00 0.002 0.002 0.011 2 12,01 0.03 0.40 0.024 0.00 0.004 0.004 0.020 3 '11.00 0.05 0.55 0.033 0.00 0.007 0.007 0.027 4 10.19 0.07 0.68 0,041 0.00 0,009 0.009 0.032 5 9.60 0.08 0.80 0.048 0.00 0.011 0.011 0.037 6 9.20 0.10 0.92 0,056 0.00 0.013 0.013 0.042 7 8.91 0.12 1.04 0.063 0.00 0.016 0.016 0,047 8 8.80 0.13 1.17 0.071 0.00 0.018 0.018 0.053 9 8.60 0,15 1.29 0.078 0.00 0.020 0.020 0.058 10 8.40 0,17 1.40 0,085 0.00 0.022 0.022 0.063 11 8.20 0.18 1.50 0.091 0.00 0.024 0.024 0.066 12 8.00 0.20 1.60 0.097 0.00 0.027 0.027 0.070 13 7.75 0.22 1.68 0.102 0.00 0.029 0.029 0.073 14 7.50 0.23 '1.75 0.106 0.00 0.031 0.031 0.075 15 7.30 0.25 1.83 0.111 0.00 0.033 0.033 0.078 30 5.40 0.50 2.70 0.163 0.00 0.067 0.067 0.097 ";'.).')-j: 60 3.70 1.00 3.70 0.224 0.00 0.133 0.133 0.091 90 2.90 1.50 4.35 0.263 0.00 0.200 0.200 0.064 120 2.40 2.00 4.80 0.291 0.00 0.266 0.266 0.024 180 1.80 3.00 5.40 0.327 0.00 0.399 0.:399 -0.072 240 1.50 4.00 6.00 0.363 0.00 0.532 0.532 -0.169 360 1.12 6.00 6.72 OA07 0.00 0,798 0,798 -0.392 480 0.93 8.00 7.44 0.450 0.00 1,064 1.064 -0.614 720 0.70 12.00 8.40 0.508 0.00 1.597 1.597 -1.088 960 0.57 16.00 9.12 0,552 0.00 2.'!29 2.129 -1.577 1200 0.50 20.00 10.00 0.605 0.00 2.66'1 2.661 -2.056 1440 0.44 24.00 10.56 0.639 0.00 3.193 3.193 -2.554 . . 03/15/03 STAGE STORAGE FOR: MYRTLE FOOD PANTRY --------- --------- --------- ----------- --------- --------- --------- --------- --------- --------- -----._----- --------- --------- --------- REQ'D D.E.R. VOLUME BASIN AREA DEPTH OF RUNOFF 1,782 42,758 0.50 (C.F.) (SF) (Inch) STORAGE TABULATIONS FOR POND # 1 AREA @ T.O.B. 4710.0 ...................... EL 23.00 AREA @ BOTTOM 1502.0 ...................... EL 20.25 STAGE SURF ACE STORAGE STAGE SURF ACE STORAGE (msl) AREA (CU FT) II (msl) AREA (CU FT) --------- --------- --------- ----------- --------- --------- --------- --------- --------- --------- -----.------ --------- --------- --------- 20.25 '1502 0 II 21.66 3147 3278 20.32 1584 109 II 21.73 3229 3503 20.39 1667 223 II 21.80 3312 3734 20.46 1749 344 II 21.87 3394 3970 20.53 1831 470 II 21.94 3476 4212 20.60 1913 602 II 22.01 3558 4460 20.67 1996 740 II 22.08 364'1 4714 20.74 2078 883 II 22.15 3723 4974 20.81 2160 1033 II 22.22 3805 5239 20.88 2242 1188 II 22.29 3887 5510 20.96 2325 1349 II 22.37 3970 5787 21.03 2407 1516 II 22.44 4052 6070 21.10 2489 1689 II 22.51 4134 6359 21.17 2571 1867 II 22.58 4216 6653 21.24 2654 2051 II 22.65 4299 6953 21.31 2736 2241 II 22.72 4381 7259 21.38 2818 2437 II 22.79 4463 7571 21.45 2900 2639 II 22.86 4545 7889 21.52 2983 2846 II 22.93 4628 8212 21.59 3065 3059 II 23.00 4710 8542 25 24- 23 22 21 20 . RW LINE ---I L 5.00'--] TOP OF BANK ELEV.= 23.00 4 : 1 SIDESLOPE . PROPOSED BUILDING EXISTING GRADE ----- ELEV.= 20.25 L S.H.W.T.= EL. 20.00 19 F.F. EL=24.50 25 24 23 8" 22 21 u 20 19 18 18 17 17 POND SECTION A-A NOT TO SCALE . . EAGLE CONSULTANTS WEIR CALCUL6.. TIONS FOR J;:: 0'" .;t'"" !1 1 . \_lW "Q" = C L H^1.5 TOP OF BANK = 23.00 DESIGN HIGH 'NA TER = 22.42 TOP OF WEIR = 22.42 BOTTOM OF WEIR = 21.15 POND BOTTOM = 21.00 Q = 1.61 C.F.S. ALLOWABLE C = 3.30 H = 1.27 "L" = 0.34 FEET DATE: 16-Mar-03 0.34' WEIR 6f=t~ INV. = 19.00 t NOTE: BAFFLE ON ALL SIDES e GRATE ElEV. 22.42 WEIR ELEV. = 21.15 BOTTOM ELEV. = 20.65 BOTTOM OF BASIN ELEV. 17.50 FRONT VIEW CONTROL STRUCTURE N.T.S. . SIDE VIEW CONTROL STRUCTURE N.T.S. OUTFALL STRUCTURE DETAIL NOT TO SCAlE ANGLE IRON SUPPORT FRONT ONLY NON TRAFFIC GRATE aU MASONRY OR APPROVED R.C. PREFAB N'-: n:::n::: OW I> II 00 WO~ 0.. o -l (/) e l[) N ci N s z (J =:: $: :5 (/) >- w o n::: <( o (/) z o 1= :5 ::J o -l <( ('10 ~z "<l- ?; C'10 -:gO 'C ?; &:<( n::: L?; >. 0 ",..@z """0- 0oc~ utO 6&ffi '<t."o "-:>z ~~::J en I- :2 <1: I- ..l ::J en :2 o () W ...J G <( w l[) ,,- C\i ~ l[) N oj ,,- ~~ ~ )- (",.. t; < O~ o n b u_ C'1 ~ (U :2 cb wO :2 z .. <(z>- zoaJ 1-1=0 <(w ooz ~::iQw 00..(/)1- n:::o..w<( 0..<(00 c. (....~ (0 0 {..':) 1;;'0 C'i j..... 0 0 f'-. t,n '9' 0i N ~ Z o o z o 0.. o W (l) o 0.. o n::: 0.. z o ::J .c r -+-i --;.:; ~~"Tc <t= ~ '<- .~ .~ 0 0- O-::,{ 3: 3: .1;'; (J)(J)(/)-2.Q~ - ">> u.. u.. 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N ill cD ci lli o:i v c) cri cO co co r--- (!) co l[) l[) '<t 3: r- 0<;:: ~ 0 o N o N o N o N o N o N o N o N o N 0 '<t r-... ..... l[) OJ ('1 co 0 l[) (j) ('j co N <.0 ill l[) 0 (j) co co i.... r--- <.0 l[) L'1 ci ci ci ci ci ci ci ci ci OJ "t:l"t:l >>~ .c OJ C 3: 'f ,g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (I) N C'J ('j C'J N N N N C'J OJ 11l ID 3: > 0 CIl<;:: (.') c 0 8 0 0 (~ 0 0 Cl 0 C) () C C 0 0 c,j ;"''',i (',j f'j t.""\,1 0J ('\1 c"j f'~ o o ('<j o a N c o C'J a o N a o C'J o o C'J o o N o o C'j o o ('j x 3: 11l 0 F- - '<- (!) (<) (J) l[) N co '<t ;.: 0) (j) co co OJ r--- r.... Q) ,,- ..... ,,- .- .- ,,- E ...: ::l 0- C 0 .- > <0 N en 0 L0 c<) to 0 <.0 r--- r-... Ol 0 N v r--- (!J '<t N 0 co r--- to C') E .- ,,- E~ .B > (j .S "t:l '" (]) J::. ----------------- C'1 (<) (',! (<) ('1 N C'1 C'1 ,,- ,- ,,- ,,- ,- .... ,- ,- .... ,- ,,- .... ,- ,- .... ,- ci ci 6 ci ci ci ci ci . . 1'-6" 2~ _ou 1'-0" (NO SOD) FI L TER MEDIA # 5 OR # 57 COARSE AGGREGATE (NOT FILTER MEDIA) TREA TMENT 1/2" ELEV. = 21.15 BOTTOM ELEV. = 20.25 FILTER SAND DATA CLASSIFICATION: SP (ASTM D-2487)-2CM/SEC COEFFICIENT OF PERMEABILITY: 4.03 x10 EFFECTIVE GRAIN SIZE: 0.25 mm UNIFORMITY COEFFICIENT: 2.80 PERCENT PASSING #200 SIEVE: 0.3% (THIS IS FILTER MEDIA) 6" INV. = 19.00 S.H. W. T.= EL. 20.00 30 MIL. P.V.C. LINER J (WRAP ENTIRE SYSTEM EXCEPT ROCK AT POND BOTTOM) 6" P.V.C. UNDERDRAIN (MSHTO M-189) NO. 57 ROCK WITHIN MMOCO 45/45 FILTER FABRIC ENVELOPE - NO LIMESTONE ALLOWED. (NOT FILTER MEDIA) UNDERORAIN DET/\IL NOT TO SCALE . . ME GEOTECHNICAL. INC. Ph: 127-516-9391 9600 Koger Boulevard, Suite 235 Fax: 127 .57a. 0804 SlPetersburg, Florida 33702 HAND AUGER BIAN(; LQ~ PROJECT: Proposed Offlce Building N.E. Corner of N.Myrtle Ave & Hart Street LOCATION: 20' east & 7~' north of S.W.Comer of the property (As shown on the enclosed sketch) DATE TESTED: June 5,2002 FILE NO: 02-893 REPORTING DATE: June5,2002 OEPTH TO EXISTING GROUND WATER LE\lEl.~ 610. below the txisting ground surface I BORING NO: H.A.t1j DEPTH U.S.C. (Ft] VI SUAL DESCRIPTION OF THE SOIL Symb. 'Y:~::~:'\ Medium gray SAND (SP) some grass roots '. . . ~ .. ::~~::::t::.: - Lklht gary flne SAND (SP) - 1 .0 Brown to medium brown flne SAND (SP) - :m~mmmim - ~.O ~ f:: ~ i i j i : ; ; ~ ; ;; ; ; ,................. I.....U.......... ................. I- Light yellowIsh brown fine SAND (SP) ,................. ................., r....'.........,.. ",,,.-,-..----.-. ,.... .... I ,.. If.. ~ : :~~:: :!! l:;::i; i; 3.0 .................. - ,.........,....,.. ..........,.....'. ,.........,....... .-................ ................... . . n. ....,,.. ~... . ................... ,.................. .................. ............,....... - ......a....."... ................... .................. ............,..,..,.. ,......,.--,-.----- .....,....,."..... .................. .....,.,........... - 4.0 ................... Brown fine SAND (SP) trace cemented dark brown sand nodules . :::j: ;:, i~n~~:: \ ...,~,.. ,... .~..I.' - ;~;;j.i.;:~;:~::ng~ ..........".,...,. .. ..~..... .... ... .. .,......"."."... ................,. 5.0 ................... - n~H~HHi1m~~ ;g~n~;::;jilg~~ ............,...... - ...,.,............. Grayish brown SAND (SP) traci scattered slit noduh~a ..""...,......,.. ....-............, .................. ........,...".... .-.---------_..... W.T.~ ................... 6.0 --.....,.......... - ................... :~!iii!!Em;mH . ,'...,............. ........,.......... ................... ................... - :n;iHH:m~~~: ,................. 7.0 ,.....,.,....,..... .............,,,.. - ,............,...... .................. Hand auger borIng terminated at7 feet: due to hole caving In ....... ~ REMARKS: EstImated Seasonal High Water Lwei = 31 O. below the existing ground surface In this area. R. Gunasekaran P.E. FI. Reg. No: 20402 . . COEFFICIENT CALCULATIONS MYRTLE FOR - OFFSITE NORTH BASIN AREA = 1,050 SF = 0.02 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0.00 SF x 0.95 = 0.00 BUILDINGS 0.00 S.F. x 0.95 = 0.00 PONDS (D.L.W.) 0.00 SF x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 1.050.00 S.F. x 0.20 = 210.00 TOTALS 1,050.00 SF 210.00 "C" = 0.20 POST-DEVELOPED: ASPHAL T/CONCRETE 0.00 S.F. x 0.95 = 0.00 BUILDINGS 0.00 SF x 0.95 = 0.00 PONDS (D.L.W.) 0.00 SF x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 1.050.00 SF x 0.20 = 210.00 TOTALS 1,050.00 SF 210.00 "C" = 0.20 . . HISTORIC "Q" CALCULATIONS PROJECT = MYRTLE STORM = RAINFALL= AREA # 25 8.5 AREA (S.F.) ; - OFFSITE NORTH DATE: (YEARS) (INCHES) IMPERVIOUS PERVIOUS "C" "Q" (0.95) (0.20) (WEIGHTED) (C.F.S.) 1 o 1050 0.20 0.04 1050.0 . Myrtle - Offsite North . Worksheet for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c:\haestad\fmw\myrt-off. fm2 Myrtle Prof. - Offsite North Trapezoidal Channel Manning's Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.007500 ft/ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.04 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow is subcritical. 0.08 ft 0.06 ft2 1.02 ft 0.99 ft 0.05 ft 0.038710 ft/ft 0.66 ft/s 0.01 ft 0.09 ft 0.47 10:26:41 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster vS.15 Page 1 of 1 . Myrtle -. - Offsite North . Cross Section for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c: \haestad\fmw\myrt-off. fm2 Myrtle Prof. - Offsite North Trapezoidal Channel Manning's Formula Channel Depth Section Data Mannings Coefficient Channel Slope Depth Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.007500 ftIft 0.08 ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.04 cfs I. ~I ~~ H 1 NTS 0.50 ft 10:31:24 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster vS.15 Page 1 of 1 . . COEFFICIENT CALCULATIONS FOR , - OFFSITE EAST MYRTLE BASIN AREA = 6,380 S.F. = 0.15 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0.00 S.F. x 0.95 = 0.00 BUILDINGS 1,605.00 SF x 0.95 = 1,524.75 PONDS (D.L.W.) 0.00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 SF x 1.00 = 0.00 OPEN SPACE 4.775.00 S.F. x 0.20 = 955.00 TOTALS 6,380.00 S.F. 2,479.75 "c" = 0.39 POST-DEVELOPED: ASPHALT/CONCRETE 0.00 SF x 0.95 = 0.00 BUILDINGS 0.00 S.F. x 0.95 = 0.00 PONDS (D.L.W.) 0.00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 SF x 1.00 = 0.00 OPEN SPACE 6.380.00 SF x 0.20 = 1.276.00 TOTALS 6,380.00 S.F. 1,276.00 "C" = 0.20 . . HISTORIC "Q" CALCULATIONS PROJECT = MYRTLE 25 8.5 AREA (S.F.) 6380.0 o. _ OFFSITE EAST DATE: STORM = RAINFALL= AREA # (YEARS) (INCHES) IMPERVIOUS PERVIOUS "C" "Q" (0.95) (0.20) (WEIGHTED) (C.F.S.) 1 1605 4775 0.39 0.48 . . Myrtle - Offsite East Worksheet for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c: \haestad\fmw\myrt -off. fm2 Myrtle Prof. - Offsite East Trapezoidal Channel Manning's Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.002600 ft/ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.48 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow is subcritical. 0.35 ft 0.55 ft2 2.74 ft 2.62 ft 0.21 ft 0.027011 ft/ft 0.87 ft/s 0.01 ft 0.37 ft 0.33 01:14:40 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FICMlMaster vS.15 Page 1 of 1 , , ~ . Myrtle - Offsite East Cross Section for Trapezoidal Channel . Project Description Project File Worksheet Flow Element Method Solve For c:\haestad\fmw\myrt-off. fm2 Myrtle Prof. - Offsite East Trapezoidal Channel Manning's Formula Channel Depth Section Data Mannings Coefficient Channel Slope Depth Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.002600 ft/ft 0.35 ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.48 cfs W 0.50 ft ~~ H 1 NTS 01 :14:53 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster vS.15 Page 1 of 1 . . INSTRUCTIONS Page 1 of 1 FOR OPERATION AND MAINTENANCE OF STORM WATER FACILITY Routine Maintenance: This retention/detention pond is intended to function as a "dry bottom" facility. The preferred ground cover is grass. All weeds or exotic plant growth should be removed from the retention/detention basin proper. It is not necessary to remove or alter plant species or growth within the access easements. The grass within the basin should be allowed to maintain a length of four (4)" to six (6)" inches. The grass should be mowed monthly during the months from April through October and in December and February. Unusually wet or dry years may require variation of the mowing schedule. All debris and grass clippings should be removed from the facility on a weekly basis. It must be emphasized to the abutting lot owners that they are not to throw grass clippings into the retention/detention area. Along with the periodic mowing operation, the surface of the sand filter must be checked and kept clear of grass or other plant growth. Storm Damage/Repair: At the beginning of each storm/flood season, and after each significant storm, the retention/detention pond must be inspected for damage. Particular attention must be to the embankments, the outlet works and the inlets. Inspect for signs of erosion, excessive deposition of sediments, buildup of trash or debris, or any other signs of damage. Any problems found should be addressed immediately as minor damage can become major if additional significant storm events occur before repairs are completed. Sediment removal: Retention/detention of storm water runoff in basins causes sediments to settle within them. Sediment deposition is particularly severe when land development is occurring in the tributary watershed. The majority of the sediment is expected to occur near the basin inlet structure. This area should be cleaned annually during the period from December through March. Additional cleaning may be required as a result of local erosion or because of deposits discovered during "post storm" inspections. Sand Filter: At any time when the retention/detention facility requires more than 36 hours to drain substantially dry or at least every two (2) years, the top six (6) inches of sand filter media should be removed and replaced with new or thoroughly washed filter media. NOTE that replacement media must be of the same specification as the original. Spent filter material may be utilized to fill eroded banks within the retention area. Excess filter media must be disposed in a landfill approved to receive such material. These operation and maintenance instruction must be forwarded to each entity responsible for maintenance and operation of the facility upon transfer of responsibility. . . FLD2003-02011 405 N MYRTLE AVE Date Received: 2/24/2003 MYRTLE AVENUE FOOD PANTRY ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 278A CL WCoverSheet 02/28/2003 11:08 FAX 7275~5713~ . . I Myer~ & Associates Arch. . 141001 FAX TRANSMITTAL (727) 595-7138 TO: m bf2.- IL q; ~?12..{L ~ COMPANY: ~ Gl 'i ~2.l_ ~ L t2;l)I'lWt)-rr;i2.., FAX NUMBER: ? (,2 4ft:; '1 ~:- R E: ~ 0 t? 10 Jlr:.! a.- -rt.."'E' 12. (.'S fC5?:V PIrIlY()-,'( DATE: :z, 1'2- '0/ 0 ~~ HARD COpy TO FOLLOW?: YES _ NO ~ , . NUMBER OF PAGES TRANSMITTED INCLUDING THIS SHEET: :z, COMMENTS: FILE ~O~~- t>.l#I, " I /;/Ir " -1r--...~-: 1'-.." U;' "'- r /1 ' -'" f) '"., ~,,' I / /, >:-....... I I I]'; f'-' .'..........~L.<: 0~ JY '--..1, .... I) //7 , ! l....{J ? r' 'I, , ... P "'''' It I' , >. v t:t 1.') ',/ 1/ . v'; f I I I 1/ ;1; "~,>, ICJi ,'.::~,>:: j' ", , ,'.:," V/::Pr .....,~."ii" ,I" ~~""~..... ....~,l FROM: / M YERSJ & ASSOCIATES ARCHITECTURE AlA, P .A. 9170 OAKHURST RD. SUITE 3B SEMINOLE, FL 33n6 PHONE (727) 595-7100 AA-0003461 IF T -liS TRANSMISSION IS NOT LEGIBLE, PLEASE CONTACT US. 02/28/2003 11: 08 FAX 7275157131' . (2/26/2003 17:30 8139485'~ . . Myers & Associates Arch. BURNETT SURVEYI~ 141002 F !\GE 132 ~ Burnett . we,SWVeying, In!:...._ s ! J.... ,~ _ rV\ ,r(-.lJll-qr.~I L_/f I,. .) ... L lr ~")'l" lrr:,'rf' ~}-I Professionall..and Surveying Set'tJices February 26. 2003 Jay Myers Myers & Associate!, AtclY1ed.s: 9170 Oakhurst Seminole, FL 3377fi 3360S' RE: Revised Legal Description "North Myrtle Site" Located at ':.os NOJth Myrtll; Av., Clearwater, Fl. Dear Mr. Myers, Burnett Surveying, 100. (BSl) has revised the typographieal error in the legal description for th&:: al: ove referenced site. Beluw is tl1c revised. description for your informat.ion. Per our phone conversatim: we understand that Myern & Associates will require 17 copies of the entire survey (or permitting by March 17, 2003. BSI will correet the iegai dC8Cription on the firoe of the survey prior tn issuing the March 17th copies. We apologize for any inconveniences. Legal Description, f'ARCEL 2; LOTS 36, 37, 381 3~', AND 40, DREW p~ ACCORDING TO THE MAP OR PLAT THERrOF AS RECORDED nol PLAr BOOK 3, PAGE 40; OF TIm PUBLIC RECORDS OF PINEUAS COUNIY. FLORII>A, LE:;S AND EXCEPT TIIE NORTH 7.5 fEET OF THE WEST 40 FEET OF LOT 40. lfyou have any qua,tions please do not hesitate to call. Sincerely, Burnett Surveying IIIl:.. ..... ~~~~~ Steven E, Burnett, P S.M. President 1628 Dale Mabry Highway, Suite 106 · Lutz, Florida 33548 . Tel: 813-948-6020. Fax: 813-948-1!,977 . . ~ RCCi~ Food Pantry . . Res Programs: Grace House The Haven Stepping Stone RCS Thrift Store RCS Food Pantry 700 Druid Road, West. Clearwater, FL 33756 Telephone (727) 443-4031 . Fax (727) 443-6874 rpantry@tampabay.rr.com The Food Pantry ofRCS is a non-profit feeding program that has been in existence since 1980. The primary function of the program is to provide food to households that are struggling fmancially to pay their bills and feed their families. Approximately 80-85 households are seen from 12:30 - 3:45 M-F and 35-40 the 1 st Saturday of each month 9am to noon. Our target population is the working poor, those on fixed income and most recently more of the unemployed. There are 7 employees and we utilize 20 - 25 volunteers daily in the day to day operation of the Food Pantry Program. The program is a donated based program and is supported by 82 congregations in upper Pinellas County. Parking Study: Monday through Friday from 8am to 12 noon there are 6-8 volunteers at the Food Pantry program. From 12:30-3:45 there are 18 volunteers; 80-85 clients who receive services within that time frame. Clients wait time to be seen is no longer that 45 min therefore creating a continual flow of vehicle traffic. 60% of clients stated that they came with someone (carpooled); 20% came alone; and the other 20% use public transportation or bicycles as a means to access the Food Pantry Program. Deliveries are received during the morning hours and do not conflict with the parking of clients, staff and volunteers. The RCS Administrative office has a total of7 staff and their hours of operation are 8:30-4:30 M-F. The Food Pantry has a staff of7 who will be present from 8:30am-4:30 pm M-F. We have contacted Nick Champlin Pastor of Faith Christian Church located at 303 N. Myrtle Avenue to request the use oftheir parking lot if necessary. We are awaiting their response. Thank You Q/~~. !Iv ~~mia Austin Program Director RCS Food Pantry 443-4031 (I Unlt.d Way .S~ Y... E....., l)~. . I . '~ Clearwater :-~ .I~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 CASE. "'LoO 3 - ~ 'Z-t> ,\ DATE RECEIVED: \ 0 RECEIVED BY (staff initials): Wt" ATLAS PAGE #: 2.- 7 b A ZONING DISTRICT: c.. LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: , SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ~ ~ SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans SUBMIT APPLICATION FEE $ 1l.JJ 5. t1) * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION OSSOlET Comprehensive Infill Redevelopment Project (Revised 11/05/02) E -PLEASE TYPE OR PRINT-use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Religious Community Services MAILING ADDRESS: 1855 South Highland Ave CELL NUMBER: PHONE NUMBER: 727-584-3528 FAX NUMBER: 727-587-7747 E-MAIL ADDRESS: rcs-j,n~,@mindspring. ('om PROPERTY OWNER(S): Religious Community Services, Ine (Must include ALL owners) AGENT NAME(S): Jay Myers Myers & Associates Architecture MAILING ADDRESS: 9170 Oakhurst Rd. Suite 33 Seminole. Fl 33776 E-MAIL ADDRESS: myersarch@ix.net.com PHONE NUMBER: 727-595-7100 727-595-7138 CELL NUMBER: 727-430-4132 FAX NUMBER: B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site: 405 North Myrtle Ave Clearwater, FL 33756 PARCEL NUMBER: Included in survey :mil !':irp r'.<ITI (if ~~~!ri ~renP.l~se note the location of this document In the submittal) )lv0440010010 and 102915225180000360 (also on Conrr.<lrr) LEGAL DESCRIPTION: PARCEL SIZE: 7000 square feet (acres, square feet) RCSKAdmini!':trRtion Office and Res Food Pantry (npm,bar of dwelling units, hotel rooms or square footage of nonresidential use) of office space and 7 500 wareho11F~e :mil fooil distrihuti on PROPOSED USE AND SIZE: DESCRIPTION OF REQUEST(S): DeviRtion of height. Talle!':t poinr i!2) 28ft high. Eve heights (include all requested code deviations; e.g. reduction in required number of par1<ing spaces, specific use, etc.) 22ft for the purpose of using a forklift. (See attached for more informatin) Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater . . Requesting deviation of 5 ft. from 25 ft. to 20 ft. on South side of building. Set back to provide clearance fDom a large Oak tree on North side of building. Specific use is for Administrative offices and food storage and food distribution. DOES THIS APPLICATION INVOLVE THE NSFER OF DEVELOPMENT RIGHTS (TOR), A PREVI Y APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES --L NO _ (if yes, attach a copy of the applicable documents) c. PROOF OF OWNERSHIP: (Section 4-202.A) rd SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 3-913.A) t:J Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it Is located. The building will be simila~ ~n ~cale in comparison tootbther existing hlli1nineR in the area. The building will be a metal frame but the exterior facade will not appear to be as such. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly ~ impair the value thereof. the proposed development will be compatiable with other developmentR in th~ adiacent area. A new facility would not!iimpair the va11l~ of thp :'Inj:'I('pnr prnpprry. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed NJ~e'There are no health and safety hazards for the neighborhood. 4. Y The pr.Qposed deveJopmen,t i:; designed to ITIlnimize traffic coflgestion. es. ~urrent~y cLlents seeKlng serVlces carpool or access Public transportation. Our hours of operation are: 8:30 am - 4:30 pm M - F and the 1st Saturday of each month 9am - 12 noon. Administrative office hours are 8:30am -4:30pm M F. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The ~rea along Myrtle Ave North and South of the proposed project haR Revera1 small buildings that provide warehousing and 1 i ght ;nnlIRrr;:'I1 T.Jnrk 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The propoRed hl1i1ning will hp :'I mpr:'ll frAm~ but will not hav~ mpr:'ll R;nPR It will be a contemporary design and stucco, decorative block and glass. There iR no unusual noise or smell associated with this projects hours of op~rarion. [J Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each criteria Is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. As far as we know the only deviation from development standards are south Ret hack (5 ft) to allow for clearance of large Oak tree to the North of hlli1n;ne :'Inn height of building 28 ft to peak 22 ft. eves to allow fork lift operation. Page 2 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater PARTI~S AND DESCRIPTIO OF PROPERlY" . 1. SALE AND PURCHASE: Brian a ia Patrick . 7 ('.f, ~ /'on C ~ 3' and Reli~ous Community Services. Inc. 4 agree to sell and buy on the terms and conditions specified below the property ("Property") described as: 5' Address: 405 N. Myrtle Ave., Clearwater, FL Legal Description: Parcel ill 10/29/15/10044100110010 and 10/29/15/22518/000/0360 to be further determined by survey. 2' 6" l' 8' . I8D ru r:p p? ("Seller") ("Buyer") g' 10' 11' 12' including all improvements and the following additional property: 13' nta 14' PRICE AND FINANCING payable by Buyer in U.S. funds as follows: 15 16' 2. PURCHASE PRICE: $ 185,000.00 11' 18' 19 20' 21 22' 23' (a) $ 5,000.00 Deposit received (checks are subject to clearance) upon execution of seller , by for Harris & Company Sales Escrow ("Escrow Agent") Signature Name Of Company (b) $ Additional deposit to be made by Effective Date. or_days from 0.00 24' 25 (c) (d) $ (e) $ 0,00 Total Financing (see Paragraph 3 below) (express as a dollar amount or percentage) Other: 0.00 180.000.00 Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds paid at closing must be paid by locally drawn cashier's check, official check or wired funds. 26' 0 (1) (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit 21' used to determine the purchase price is 0 lot 0 acre 0 square foot 0 other (specify: ) 28' prorating areas of less than a full unit. The purchase price will be $ per unit based on a calculation of 29 total area of the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordance with Paragraph 30' 8(c) of this Contract. The following rights of way and other areas will be excluded from the calculation: 31' 32' 3. CASH/FINANCING: (Check as applicable) 0 (a) Buyer will pay cash for the Property with no financing contingency. 33' 0 (b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the 34' "Financing") within _ days from Effective Date (if left blank then Closing Date or 30 days from Effective Date, whichever 35' occurs first) (the "Financing Period"). Buyer will apply for Financing within _ days from Effective Date (5 days if left blank) 36 and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after 37 using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this 38 Contract. Upon cancellation, Buyer will return to Seller all title evidence, surveys and association documents provided by 39 Seller, and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. 40 Buyer will pay all loan expenses, including the lender's title insurance policy. o (1) New Financing: Buyer will secure a commitment for new third party financing for $ or _ % of the purchase price at the prevailing interest rate and loan costs. Buyer will keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage broker to disclose all such information to Seller and Broker. o (2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Seller in the amount of $ , bearing annual interest at _% and payable as follows: 41' 42' 43 44 45' 46' 47' 48 49 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the 50' Buyer L-J ~ and SeHer ~ ( ~ ~ ackmINIedge receipt of a copy of this p3ge, which is Page 1 of 6 Pages. VAC-6 10/00 @2000 Florida Association of REALTORS@ All Rights Reserved IB@ REALTOR a.OO"T.O"" 51 martgagee's aptian if Buyer elts; will give Buyer the right to' prepay witha~aIty all ar part af the principal at any 52 time(s) with interest anly to' date af payment; will be due an canveyance ar ~i11 pravide far release af cantiguaus 53 parcels, if applicable; and will require Buyer to' keep liability insurance an the Praperty, with Seller as additianal named 54 insured. Buyer autharizes Seller to' abtain credit, emplayment and ather necessary infarmatian to' determine 55 creditwarthiness far the financing. Seller will, within 10 days fram Effective Date, give Buyer written natice af whether or 56 nat Seller will make the laan. 5?" 0 (3) Mortgage Assumption: Buyer will take title subject to' and assume and pay existing first mortgage to' sa- in the appraximate amaunt af $ currently payable at per manth including principal, interest, 0 taxes and insurance and having a 0 fixed 0 ather 59" LN# 60" $ 61" (describe) 62" interest rate af % which 0 will 0 will nat escalate upan assumptian. Any variance in the martgage will be 63 adjusted in the balance due at closing with nO' adjustment to' purchase price. Buyer will purchase Seller's escrO'w 64" accaunt dallar far dallar. If the lender disapprO'ves Buyer, ar the interest rate upan transfer exceeds _ % ar the 65" assumptian/transfer fee exceeds $ , either party may elect to' pay the excess, failing which this 66 agreement will terminate and Buyer's deposit(s) will be returned. 67 w/ CLOSING 68 4. CLOSING DATE; OCCUPANCY: This Cantract will be c1ased and the deed and passessian delivered an ar befare 69" M:Bnld.'8"~()6Lt l ~o, 2003 ,unless extended by ather provisians of this Cantract. If an Clasing Date insurance 70 underwriting is suspended, Buyer may pastpane c1asing up to' 5 days after the insurance suspensian is lifted. 71 5. CLOSING PROCEDURE; COSTS: Closing will take place in the caunty where the Praperty is located and may be canducted 72 by electranic means. If title insurance insures Buyer far title defects arising between the title binder effective date and recording af 73 Buyer's deed, closing agent will disburse at dasing the net sale proceeds to' Seller and brokerage fees to' Broker as per Paragraph 74 17. In additian to' ather expenses pravided in this Contract. Seller and Buyer will pay the costs indicated belaw. 75 (a) Seller Costs: Seller will pay taxes an the deed and recarding fees far dacuments needed to' cure title; certified, 76" canfirmed and ratified special assessment liens; title evidence (if applicable under Paragraph 8); Other: 77" 78 79 80" B1 82" 83" 84 85" 86 87 88 89 90 91 92 (b) Buyer Costs: Buyer will pay taxes and recarding fees an nates and martgages and recarding fees an the deed and financing statements; laan expenses; pending special assessment liens; lender's title palicy at the simultaneaus issue rate; inspectians; survey and sketch; insurance; Other: p? (i!J:> . (e) Title Evidence and Insurance: Check (1) or (2): cJ ~I u.. 0(1) Seller will provide a Paragraph 8(a)(1) awner's title insurance cammitment as title evidence. MSeller yer will select the title agent. 0 Seller 0 Buyer will pay far the awner's title palicy, search, examinatian a related charges. Each party will pay its awn c1asing fees. o (2) Seller will provide title evidence as specified in Paragraph 8(a)(2). 0 Seller 0 Buyer will pay far the awner's title palicy and select the title agent. Seller will pay fees far title searches priar to' c1asing, including tax search and lien search fees, and Buyer will pay fees far title searches after c1asing (if any), title examinatian fees and c1asing fees. (d) Prorations: The fallawing items will be made current and prorated as af the day befare Clasing Date: real estate taxes, interest. bands, assessments, leases and ather Praperty expenses and revenues. If taxes and assessments far the current year cannat be determined, the previa us year's rates will be used with adjustment far any exemptians. (e) Tax Withholding: Buyer and Seller will camply with the Fareign Investment in Real Property Tax Act, which may require Seller to' provide additional cash at c1asing if Seller is a "fareign persan" as defined by federal law. 93 PROPERTY CONDITION 94 6. LAND USE: Seller will deliver the Property to' Buyer at the time agreed in its present "as is" canditian, with canditians 95 resulting from Buyer's Inspectians and casualty damage, if any, excepted. Seller will maintain the landscaping and 96 grounds in a cO'mparable cO'ndition and will nat engage in O'r permit any activity that wO'uld materially alter the Property's 97 canditian withaut the Buyer's priar written can sent. 98 (a) Flood Zone: Buyer is advised to' verify by sUNey, with the lender and with apprapriate gavernment agencies which 99 flaad zane the Property is in, whether flaad insurance is required and what restrictians apply to' impraving the Praperty and 100 rebuilding in the event af casualty. 101 (b) Government Regulation: Buyer is advised that changes in gavernment regulatians and levels af seNice which 102 affect Buyer's intended use af the Praperty will nat be graunds far canceling this Cantract if the Feasibility Study 103 Periad has expired ar if Buyer has checked chaice (c)(2) belaw. 104 (e) Inspections: (check (1) or (2) below) 105' 0 (1) Feasibility Study: Buyer will, at Buyer's expense and within ~ days fram Effective Date ("Feasibility Study 106" Periad"), determine whether the Property is suitable, in Buyer's sale and absalute discretian, far 107* institutional public/semipublit use. During the Feasibility Study Periad, Buyer may canduct a Phase I environmental 108 assessment and any ather tests, analyses, sUNeys and investigations ("Inspectians") that Buyer deems necessary to' 109 determine to' Buyer's satisfactian the Praperty's engineering, architectural and environmental praperties; zaning and 110' Buyer L-J ~ a1d SeBer tJ!.LJ JJ.iJ ackmwledge rec;apt af a copy of this page, which is Page 2 of 6 Pages. VAC-6 10/00 @2000 Florida Association of REALTORS@ All Rights Reserved il1 112 113 114 115 116 zoning restrictions; SUbdiviestatutes; soil and grade; availability of ac. to pu~l~c roads, ~ater, and other utilities; consistency with local, state and regional growth management pia ; availability of permits, government approvals, and licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien being filed against the Property without Seller's prior written consent. If this transaction does not close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other work generated as a result of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit{s) will be returned after Escrow Agent receives proper authorization from all interested parties. o (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being satisfied that either publiC sewerage and water are available to the Property or the Property will be approved for the installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. (d) Subdivided lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may cancel this Contract for any reason whatsoever for a period of 7 business days from the date on which Buyer executes this Contract. If Buyer elects to cancel within the period provided, all funds or other property paid by Buyer will be refunded without penalty or obligation within 20 days of the receipt of the notice of cancellation by the developer. 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133' 134 135 136 137 138 139 140 141 142 143 144 145 7. RISK OF lOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, 146 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, 147 or if an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract 148 by written notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in 149 accordance with this Contract and receive all payments made by the government authority or insurance company, if any. 150 TITLE 151 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative 152 or guardian deed as appropriate to Seller's status. 153 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in 154 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 155' which prevent Buyer's intended use of the Property as institutional public/semipublic : covenants, easements and 156 restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if 157 there is no right of entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at 158 or before closing. Seller will, prior to closing, deliver to Buyer Seller's choice of one of the following types of title evidence, 159 which must be generally accepted in the county where the Property is located (specify in Paragraph 5(c) the selected 160 type). Seller will use option (1) in Palm Beach County and option (2) in Miami-Dade County. 161 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount of the purchase price and 162 subject only to title exceptions set forth in this Contract. 163 (2) An existing abstract of title from a reputable and existing abstract firm [If firm is not existing, then abstract must be 164 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 165 Property recorded in the public records of the county where the Property is located and certified to Effective Date. 166 However if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer 167 as a base for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format 168 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 169 together with copies of all documents recited in the prior policy and in the update. If a prior policy is not available to 170 Seller then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 171 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt 172 of title evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from 173' Buyer L-J~ and SeBer c,(;tJ ( IJ"M ackrowIedge receipt of a ccpy of 1his page, which is Page 3 of 6 Pages. VAC-6 10/00 @20oo Florida Association of REALTORS@ All Rights Reserved ;74 175 176 177 178 179 180 181 182 183 184 185 , receipt of Buyer's notice of d.S ("Curative Period") to cure the defects Aller'S expense. If Seller cures the defects within the Curative Peri6rSeller will deliver written notice to Buyer anJllR" parties will close the transaction on Closing Date or within 1 0 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 1 0 days from receipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction. (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be determined in accordance with subparagraph (b) above. If any part of the Property lies seaward of the coastal construction control line, Seller will provide Buyer with an affidavit or survey as required by law delineating the line's location on the property, unless Buyer waives this requirement in writing. 186 MISCELLANEOUS 187 9. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parties initials or 188 signs the latest offer. Time is of the essence for all provisions of this Contract. All time periods expressed as days will 189 be computed in business days (a "business day" is every calendar day except Saturday, Sunday and national legal 190 holidays), except for time periods greater than 60 days, which will be computed in calendar days. If any deadline falls on a 191 Saturday, Sunday or national legal holiday, performance will be due the next business day. All time periods will end at 5:00 192 p.m. local time (meaning in the county where the Property is located) of the appropriate day. 193 10. NOTICES: All notices will be made to the parties and Broker by mail, personal delivery or electronic media. Buyer's 194 failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding any contingencies 195 will render that contingency null and void and the Contract will be construed as if the contingency did not exist. 196 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 197 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 198 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, 199 initials, documents referenced in this Contract, counterparts and written modifications communicated electronically or on paper 200 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or 201 attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, 202 all remaining provisions will continue to be fully effective. This Contract will not be recorded in any public records. 203 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 204 "Buyer," "Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, 205 personal representatives and assigns ~f permitted) of Buyer, Seller and Broker. 206 DEFAULT AND DISPUTE RESOLUTION 207 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after dmgent effort, 208 Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without 209 waiving the right to seek damages or to seek specific performance as per Paragraph 16. Seller wm also be liable to Broker for 210 the full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time speciiied, including 211 timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 212 damages or to seek specific performance as per Paragraph 16; and Broker will. upon demand, receive 50% of all deposits 213 paid and agreed to be paid (to be split equally among cooperating brokers) up to the full amount of the brokerage fee. 214 14, DISPUTE RESOLUTION: This Contract will be construed under Rorida law. All controversies, daims, and other matters in 215 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: 216 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 217 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 218 will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the 219 Florida Real Estate Commission. Buyer and Seller will be bound by any resulting settlement or order. 220 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 221 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding 222 arbitration in the county where the Property is located. The arbitrator may not alter the Contract terms or award any 223 remedy not provided for in this Contract. The award will be based on the greater weight of the evidence and will 224 state findings of fact and the contractual authority on which it is based. If the parties agree to use discovery, it will 225 be in accordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all discovery-related 226 disputes. Any disputes with a real estate licensee named in Paragraph 17 will be submitted to arbitration only if the 227 licensee's broker consents in writing to become a party to the proceeding. This clause will survive closing. 228 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 229 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 230 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ("AAA") 231 or other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a 232 process in which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose 233 decision is binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed 234 on by the parties. Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees, and 235' Buyer L-J ~ and Seller CI!-J tlP.J ackmwIedge receipt of a copy of this page, which is Page 4 of 6 Pages. VAC-6 10/00 @2000 Florida Association of REALTORS@ All Rights Reserved 236 will equally split the arbitrato.es and administrative fees of arbitration. IAivil action to enforce an arbitration 237 award, the prevailing party to the arbitration shall be entitled to recover f~he nonprevailing party reasonable 238 attorneys' fees, costs and expenses. 239 ESCROW AGENT AND BROKER 240 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in 241 escrow and, subject to clearance, disburse them upon proper authorization and in accordance with the terms of this 242 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for 243 misdelivery of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this 244 Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the 245 filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 246 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. All claims 247 against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 248 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations 249 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 250 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, etc.) 251 and for tax, property condition, environmental and other specialized advice. Buyer acknowledges that Broker does not 252 reside in the Property and that all representations (oral, written or otherwise) by Broker are based on Seller 253 representations or public records unless Broker indicates personal verification of the representation. Buyer agrees to rely 254 solely on Seller, professional inspectors and governmental agencies for verification of the Property condition and facts 255 that materially affect Property value, Buyer and Seller respectively will pay all costs and expenses, including reasonable 256 attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with 257 or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold 258 harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage 259 based on (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performance, at 260 Buyer's and/or Seller's request. of any task beyond the scope of services regulated by Chapter 475. F.S., as amended, 261 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor: 262 and (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and 263 compensating their respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this 264 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing. 265 17, BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Seller and Buyer 266 acknowledge that the brokerage(s) named below are the procuring cause of this transaction. Instruction to Closing Agent: 267 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate 268 brokerage agreements with the parties and cooperative agreements between the brokers, unless Broker has retained such 269 fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage fees 270 as indicated below. 271' Harris & Company 272 Real Estate Licensee 273' Marshall S. Harris 274" Broker / Brokerage fee: ($ or % of Purchase Price) 275" $% fl.vo.D Dutterealty .com Real Estate Licensee Geon~e Hurst Broker / Brokerage fee: ($ or % of Purchase Price) .3 % (J,P of \2-1;- .J ~flf 276 ADDITIONAL TERMS 277" 18. ADDITIONAL TERMS: {C~ ~ gO 279" DUt: dnlgt:m;t: and dl.l:ilng :iltillt bt: u.ldltb:d l:Unlt:mpul ant:uu:ily :iUbJecI lU IS:iuance of bulIdblg pt:1 mlb and lilt: Clly gr anHng Y f- ' 280* LI.~ .1;'1~~d fI'fO;.Ul;t~ CVI U.h:: BuJ'~..~ ;....[."'..d"'d u~",,,~,, nvn Iuvfil fuud di~laihuliuu \..",..l~r-. 281" ., , . Cl)fj~~ Or tp ~I ~). 282" Seller shall prOVIde Buyer wlthm five (5) days of execution hereto, UlI!;Ulill documents ls to enVIronmentals, surveys, studies, 283" ap~raisal~, permits, and any other documentation in Seller's possession related to said parcel. Ori!jindjs +0 be pfoviaed 284' ~t' e.losma. J CP .n'r R.",,-~ 285' IJ' ~ 286" 287" 28B" 289" 290' 291' 292' 293" 294" 295" Buyer L-J~ and Seller (CP ) r./l!fJ acknJwIedge receipt of a a::py of tIis page, IIVhich is Page 5 of 6 Pages. VAC-6 10/00 @2000 Florida Association of REALTORS@ All Rights Reserved .. 296' . . 297" 29B" 200' 300' 301' 302' 303' 304' 305' 306' 307" 308' 309' 310' 311' 312' 313' 314' 315' 316' 317" 31B" 319' 320' 321' 322 This is intended to be a legally binding contract If not fully understood, seek the advice of an attorney prior to signing, 323 OFFER AND ACCEPTANCE 324' (Check if applicable: 0 Buyer received a written real property disclosure statement from Seller before making this Offer.) 325 Buyer offers to purchase the Property on the above terms and conditions. Unless thi~n~ra is signed b~ Seller a~d a 326" copy delivered to Buyer no later than 5:00 PM 0 a.m. i2I p.m. on Janua Cf 2003 ,thiS offer Will be 327 revoked and Buyer's deposit retunded s 0 clea ot ~I 328' Date: J J l? / rJ 3 Buye . ~ Tax ID/SSN: 329' / / Print name: Ronald Dickman F,xp'clltive Director Buyer: Print name: Address: 1855 Hiehland Ave,. S Clearwater. FL 33756 Tax ID/SSN: 330' Date: 331' 332' Phone: (727) 584-3528 333' Fax: (727) 587-7747 334' Date: 335' Seller: t!~ 7atd Brian Patrie rl&v p Il~~ Tax ID/SSN: 3lfS ~6 5/96 Print name: 336" Date: Seller: 337" Print name: Celia Patriek 338' Phone: (727) 442-8448 Address: 1854 Venetian Point Dr" Clearwater, FL 339' Fax: 340' gSeller counters Buyer's offer {to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a 341' copy of the acceptance to Seller by 5:00 p.m. on January 23, . 2003 l.D Seller rejects Buyer's offer. Tax ID/SSN: $10 90 950 Z 342' Effective Date: 'J;;)17.;Z,5. 2003 (The date on which the last party signed or initialed acceptance of the final offer,) . 343' Buyer ~ L-J and Seller {l?eJ ctEJ acknowledge recept of a copy of ttis page, which is Page 6 of 6 Pages. The Florida Association of REAlJOAS and local 8oaJdIAssociation of RrAuoRs make no representation as to the legal valdity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate Industry and is not iltended to identify the user as a REALlOR. REALlOR is a registered collective membership mam that may be used only by real estate licensees who are members of the National Association of REALTOffi and who subscribe to its Code of Ethics. The copynght laws of the Unrted States (17 U.S. Corn) forbid the unautholized reproduction of blank fOnTIS by any rrnans including faCSimile or computerized fonTIs. VAC-6 10/00 @2000 Florida Association of REALTORS@ All Rights Reserved . . ADDENDUM TO CONTRACT CONTRACT DATE: 1/24/03 SELLER: Myrtle Professional Center LLC BUYER: ReliQious Community Services. Inc. PROPERTY ADDRESS: 405 N. Myrtle Ave.. Clearwater. FL LEGAL DESCRIPTION: ParcellD 10/29/15/10044/001/0010 and 10/29/15/22518/000/0360 It is understood and agreed by all parties with their signatures affixed hereto that the additional provisions of this addendum become a permanent part of the subject Contract and all other terms and conditions of the above mentioned Contract shall remain in full force and effect. Closing shall be on or before April 30, 2003 and is contingent upon buyer's receipt of all approvals required for the intended use as institutional public/semipublic. In the event that approvals cannot be obtained, this contract will be terminated and deposit refunded to buyer. Accepted & approved J h 4 . 2003 , Accepted & approved 'I~ 5 .2003 I ~~~~9iO~community Services, I c., Buyer (.... - \ _ t:..<./ Ronald Dickman, Executive Direc or , LLC, Seller Bria Patrick Accepted & approved ' / ~ 6 . 2003 GJUv fJ J~~ Celia Patrick forms\conlraclladdendum . . 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) $185,000.00 for property; $8009000.00 for building and_ improvem'::'!E~ 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. Yes~ the propo~pn development is permitten in thp r.ity of Clearwater. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. Administrative offices, food distribution and food storage is compatible with the adjacent land URea 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not Tliotherwlse available in ttlEl City pf Cle<lrwater. e proposed S1~e 1S ~ne most appropriate geographical location for the client base that will be serviced at the facility. Our service area is Northern Pinellas County. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. Yes. It w1ll aesthetically improve the vicinity of the neighborhood. 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed development will he ~ ~le~n np~ien th~t will np rnmratiabJ~ some of the ~nj~rpnt nl1i1nine~ Landscaping will be aR natllr~l ~~ po~~ihlp and compliment the existing tree canopy. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the Immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. To make the building function as it shollln. we need enough square footage to enahle us to have sufficient room to maneuver a fork lift to move pallets of food. 9. Adequate off-street parking In the Immediate vicinity according to the shared parking formula In Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. There is not a need to share parkine wi th tnp ~l1rrnt1TIrling facilitielO We hp 1 i pvp that we have sufficient parking at the proposed development. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division 5 of Article 3 (as applicable). Use separate sheets as necessary. N/A Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) CJ SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; CJ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); CJ LOCATION MAP OF THE PROPERTY; CJ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; CJ GRADING PLAN, as applicable; CJ PRELIMINARY PLAT, as required (Note: Building permits will not be iSliued until evidence of recording a final plat is provided); CJ COPY OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) CJ SITE PLAN with the following Information (not to exceed 24" x 36"): All dimenliions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildingli and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, Including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilitieli. Including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas, Including handicapped spaces; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #701}; Location of allland&cape material; Location of all jurilidictionallines adjacent to wetlands; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks CJ SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in &quare feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (FAR.) for all nonresidential uses CJ REDUCED SITE PLAN to scale (8 Yo X 11) and color rendering if possible CJ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations If required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dlmenliioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a .certified arborist". of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater . . G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) l:J LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas Including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and Immediately adjacent to the site, by species, size and locations, Including dripline (as indicated on required tree survey); Location, size, description, specifICations and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants Including Instructions, soli mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and Interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e .g. conditions imposed by the Community Development Board); Irrigation notes l:J REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendering if possible) l:J IRRIGATION PLAN (required for Level Two and Three applications) l:J COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) l:J STORMWATER PLAN Including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed storrnwater detention/retention area including top of bank, toe of slope and outlet control structure; Storrnwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations l:J COpy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable l:J COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, If applicable I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are In Issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Inflll Redevelopment Project or a Residentiallnfill Project. l:J BUILDING ELEVATION DRAWINGS - all sides of all bUildings including height dimensions, colors and materials l:J REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y, X 11) (black and white and color rendering, If possible) as required J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) l:J All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), Indicate whether they will be removed or to remain. l:J All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing l:J Comprehensive Sign Program application, as applicable (separate application and fee required). l:J Reduced slgnage proposal (8 Y, X 11) (color), If submitting Comprehensive Sign Program application. Page 5 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) [J Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. STATE OF FLORIDA, COUNTY OF PINELLAS I QJ.., Sworn to and subscribed before me this -L....J...I. "I. day of ~~~ . A.D. 20..Q..3 to me and/or by /:r>1 JIJ ~()/jI\. ,who IS personally known has reduced .Q..1-:/ v..LvJ ~ as identification. v,.JlJ~ Signature of property owner or representative Notary public, My commission expires: ~f\ JamIa Austin ,'I) My CommIssion 00149972 0, '" Expires September 15. 2006 Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater . . M. AFFIDAVIT TO AUTHORIZE AGENT: Reliqious Community Services, Inc. (Names of all property owners) 1. That (I am!we are) the owner(s) and record title holder(s) of the following described property (address or general location): 405 N. Myrtle Ave. , Clearwater, FL 33756 2. That this property constitutes the property for which a request for a: (describe request) To build facility thatl.; will house the RCS Administrative Office and The ReS Food Pantry. 3. That the undersigned (has/have) appointed and (does/do) appoint: .lay Myers of Myers and Associates Architecture as (hislthelr) agent(s) to execute any petitions or other documents necessary to affect such petition; 3. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 4. That the applicant acknowledges that all impact fees (parks and recreation, traffic, etc.) will be paid PRIOR to the issuance of a building permit, certificate of occupancy. or other mechanism, whichever occurs first; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 6. That (I!we), the undersigned authority, hereby certify that the foregoing is true and correct. ~ <:J2~ w.. ,". )~~- SUSAN L. GIBBONS pro~erty Owner Director l.{ .f;~ RC Executive \~ ..~?l MY COMMISSION # CC 820711 Property Owner ...'-:I't......Qt:" EXPIRES: Murch ~41~'iI~1III OF FLORIDA, "",1,'N:}'\\\ COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned R the laws of the State of Florida, on this \ q't... day of ~\o r..,"'~ ,!1 00'3 personally appeared 0 \-\ <'. ,eft., w - -:D~ c. k"" C\. '" who having been first duly sworn Deposes a says that he/she fully understands the contents of the affidavit that he/she signed .~ . My Commission Expires: (~ ~ - ~.~\e~ Notary Public S:\P1anning DepartmentlApplication Formsldevelopment review\2002 Formslc:omprehensive intill application 2002.doc Page 7 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater - r-- -e . STORMWATER CALCULATIONS FOR MYRTLE AVENUE FOOD PANTRY MYRTLE AVENUE & HART STREET DEVELOPER RON DICKMAN, E.D. 1855 HIGHLAND AVENUE CLEARWATER, FLORIDA 33756 F"~ ~ ~:_,_:~ rLJ'((lu 1. Q.Z"1 C BY f,:;;.~ 0 3 2003 EAGLE CONSULTANTS, INC. CIVIL ENGINEERS · ENVIRONMENTAL · LAND PLANNERS. SURVEYORS EB No. 9497, LB No. pending 8514 Old County Road 54, New Port Richey, Florida 34653 Telephone: (727) 524-9666 Fax: (727) 524-9328 . . I ~ I \ I-- I '- ~- ffi I /l'- GRANT ~~ 1 I - CARLTON ~ 0 ~ RUSSELL - ~ ~ ~ TANGERINE - /TIl)/ fNGllAN LASAIl.E Vr~ BWFF is - nm \ !:j - j .~ / JillITL \ P~ETTO / I 'i -0 !71/8/ w ~ :z 5' SEMINa.[ Sf Icrulloll\l. <:T SEMINOLE SITE /7: I~I ElDR IlGE Sf BDRIIY'S I ~~ MAPLE ~ . . ~~~ (tft . -. ~ i'!'i ~ ~ flART ..I'lI<:t\N f .1 ~ JONES :z I DREW '59ch..J f :, I ~ ~'"' ~~ - A -" - - .............. lAURA ~GR<M: 60 _ r.1 rul:1 AlIn / (" I I ''60' ~ 60 Cleo oterO GARK J ~I \ \ f- \ lJ- PIERCE 6511/ )\J I r- I GOULD ~ I .............1 COURT """\ ~ I - \ \ / ~ I I NOT TO SCALE LOCATION MAP . . PARCEL 1: LOTS 1, 2, 3, AND 4, AND THE EAST 4.69 FEET OF DREW COURT,BLOCK "A", BON AIR, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 77, OF THE PUBLIC RECORDS OF PINELLAS COUN1Y, FLORIDA, LESS AND EXCEPT THE FOLLOWING: LESS THE WEST 14.38 FEET OF LOTS 1, 3, AND 4; AND THE NORTH 7.5 FEET OF LOT 4; AND LESS THAT PORTION OF LOTS 1 AND 2 DEEDED TO THE STATE OF FLORIDA IN O.R. BOOK 815. PAGE 616 AND THE WEST 7.78 FEET OF A TRIANGULAR PARCEL OF LAND IN THE SOUTH 100 FEET OF LOTS 1 AND 2, BLOCK A OF BON AIR SUBDIVISION, O.R. BOOK 636, PAGE 356. PARCEL 2: LOTS 36, 37, 39, AND 40, DREW PARK, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 40, OF THE PUBLIC RECORDS OF PINELLAS COUN1Y, FLORIDA, LESS AND EXPECT THE NORTH 7.5 FEET OF THE WEST 40 FEET OF LOTS 40. LEGAL DESCRIPTION II 1\ II II 1I II II II II II II II 1\ II II II II II II 1\ II II II II II II J // =--- .:::::..., .......\ \\ II . . MDR "". STOR'I' ~ c I I 7~ ~~ :!!.g ~Ig [;).8 zlz 5.00' EJiIST. S1ce.vAlX 10 BE REIlD'IED !W:l( TO 1liE NEAllf5f JOiNT FOR IlllNE CCNSTlll.lCllON Ii! t! tt If;! " I 19 ~~J 1~1 tF I Ib r;U '!) ""1 I I~~ ~~ I I~ ~~ I q g' IU . : :~ Hl: l'~ ~~ I It! I€~ s' I I~i et1 I 11';ml I I" I I i~ \[1 ~ ll' .~ ~ I~ 1lJ.J '!i ~~j : I ~ a~ f:~] I If ~ s ~i1 ~j J~ ~ I . ~IJ ~111 ~ i! <: It! I III \ IH. n ~) I I l':l ~.:j I I I :~ ~ I~ I f I~ r;~ I ) !m f~' I i I~\ ~j1~. ~ J, ,I . '. r.L;'.11'1/lJ l\i t...-J ~ ~'~~-<~.?Sl~:[;f~~~-:-~~ - ~., '..,....-:., "'=..' '.'"' .;.._i '.,'. ',' . ~~;~~-''':.'\;; ~~"..~,"',"'3,"" t!.~~"'''' ...}... ~l "<ot~ffi.<If. I -) ~~~i~~i.E.;.TiiiJ..~.:~::.~._. ; . ~~. -) ,- - ~ - _ _:::= ONE-WAY (EAST) -= -=--~ ~ = -=- ~ -t I --- -r:: -=--=- -=- -:::...- - .:s F= - - ;;:-".;;;;a --..;;- - - ~ J~ - - T - - - -:/~~__ji1~:=J i l--tilj----lj1-=1 i F=i-rT--- + :1 r III: I I III IHI 1 iI' I I I, / tL -:J I f:l\ )~l 3<1 OUlIPSTER PAll PER em CllllE/SPEClFIOOlCNS SEE WAIt:) 10 - b rt r.\ ~ 6 I I I~ @ I D ~: I ., INIllCAIDl I . CCNCIlElE I : --r---l I I I I I ~ .Ii I I ~0~~ I ~ ~ ~3 I llH. .....".,. ~ f- I I --- -----+- -) n5'1 1~' ~ " q !'!! @ @ ., 5' CCNC,mE ~ I ii N I <9 "" lib p 8 ts I'" J PROPOSED OfFICE BUIUlING 1lWPSl'ER PAll !'Ell CITY CODE/Sl'roFICA'IlONS (sEE DETAlLJ :I' 19.0' l!l> CNE '"""'" ...,.",""""" EXIST. SlIlEWALX TO BE RDlCMll BIiClC TO THE HE.\RE5T JOlHT FOR ORM: CCliSTRUC110N ~l~ MDR . . SITE DATA ZONING = "c" USE = COMMERCIAL j OFFICE GENERAL SITE AREA = 42,758 SQ. FT. (0.98 AC.) PROJECT AREA = 42.758 SQ. FT. (0.98 AC.) FLOOR AREA RATIO = 0 S.F. = 0 S.F. = 42,758 S.F. = 42,758 S.F. OR 100% = 11,092 S.F. (GROUND FLOOR) = 14,592 S.F. (GROSS BUILDING) = 16.435 S.F. = 1,231 S.F. = 14,000 S.F. = 28,758 S.F. OR 67.2% = 14,000 S.F. OR 32.7% = 0.26 EXISTING BUILDING EXISTiNG ASPH.jCONC. EXISTING OPEN SPACE PERVIOUS AREA PROPOSED BUILDING PROPOSED ASPHALT & CURB PROPOSED CONC. SIDEWALK PROPOSED OPEN SPACE IMPERVIOUS AREA PERVIOUS AREA PARKING TABULATION REQUIRED: OFFICE SPACE = 1 SPACE PER 250 S.F. WAREHOUSE SPACE = 1 SPACE PER 1000 S.F. OFFICE SPACE = 7000 S.F. j 250 = 28 SPACES WAREHOUSE SPACE = 7600 S.F. j 1000 = 8 SPACES TOTAL SPACE REQUIRED = 36 PROVIDED: 4 SPACES @ 12' x 19' (HANDICAP) 27 SPACES @ 9' x 19' 31 SPACES PROVIDED . . HISTORIC "a" CALCULATIONS PROJECT = rv'lyrtle Food DATE: 01 STORM = 25 (YEARS) RAINF ALL= 8,2 (INCHES) AREA AREA IMPERVIOUS PERVIOUS "C" "Qn # (S.F.) (0.95) (0.20) (WEIGHTED) (C.F.S.) 1 42758.0 0 42758 0.20 1.61 . . COEFFICIENT CALCULATIONS 01-Mar-03 FOR MYRTLE FOOD PANTRY BASIN AREA = 42j758 S.F. = 0.98 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0.00 S.F. x 0.95 = 0.00 BUILDINGS 0.00 S.F. x 0.95 = 0.00 PONDS (D.L.W.) 0,00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 42,758.00 S.F. x 0.20 = 8,551.60 TOTALS 42,758.00 S.F. 8,551.60 "elf = 0.20 POST-DEVELOPED: ASPHAL T/CONCRETE 17,666.00 S.F. x 0.95 = 16,782.70 BUILDINGS '11 )092.00 SF x 0.95 = 10,537.40 PONDS (D.L.W.) 0.00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 14.000.00 S.F. x 0.20 = 2,800.00 TOTALS 42,758.00 S.F. 30,120.10 "C" = 0.70 . . 25 YEAR - 24 HOUR JOB NAME : Avenue Food DATE 01-Mar-03 JOB# **************'1 **************** **w***********i **************-i k********.~"A-***i ************* ************* **********'****, WATERSHED DATA ************* *************trt **************** **************, **************, **************i ************* ******'**-***** **************1 ************* **************i *'************ **************'1' COEFF.(C) AREA 0.70 ************* **************, 42~758 S.F. ************* **************" Q (HIST.) 1/2" (VOL) 0.98 0.69 -1-61 (C.F.S.) 1782 (C.F.) ************* **************'i "CPt **************1 ************* ************* ****,~*********, ************* **************, **************** **************':i *******...'******~ ********~'r*****, ************* ************* ________~ _________... ___________ __._______... _________M __________ ________.. ________.. ________M _________ __________ ___________ __________ __________ __________ ________6 _________ _________ 1 2 3 4 5 6 7 8 9 --------- ------......--.. ----------... ---------- ---------- ---------.. --------- --------- --------- --------- ---------.. ----------- ---------- ---------.. ---------.. --------.. --------... --------.. T.O.C. RAINFALL TIME ACC.RAIN. INFLOW OUTFLOW OUTFLOV'. OUTFLOV\1 DIFFERENCE (MIN.) (INfHR) (HOURS) (INCHES) (ACJFT.) (PERC) (PIPE) (TOTAL) (ACJFT.) ------------ -------- --------~ ---..------- --------- ------------- ----- ------- ------ 1 13.17 0.02 0.22 0.013 0.00 0.002 0.002 0.010 2 12.01 0.03 0.40 0.023 0.00 0.004 0.004 0.018 3 11.00 0.05 0.55 0.031 0.00 0.007 0.007 0.025 4 10.19 0.07 0.68 0.039 0.00 0.009 0.009 0.030 5 9.60 0.08 0.80 0.046 0.00 0.011 0.011 0.035 6 9.20 0.10 0.92 0.053 0.00 0.013 0.013 0.039 7 8.91 0.12 1.04 0.060 0.00 0.016 0.016 0.044 8 8.80 0.13 1.17 0.067 0.00 0.018 0.018 0.049 9 8.60 0.15 1.29 0.074 0.00 0.020 0.020 0.054 10 8.40 0.17 1.40 0.080 0.00 0.022 0.022 0.058 11 8.20 0.18 1.50 0.086 0.00 0.024 0.024 0.061 12 8.00 0.20 1.60 0.092 0.00 0.027 0.027 0.065 13 7.75 0.22 1.68 0.096 0.00 0.029 0.029 0.067 14 7.50 0.23 1.75 0.100 0.00 0.031 0.031 0.069 15 7.30 0.25 1.83 0.105 0.00 0.033 0.033 0.072 30 5.40 0.50 2.70 0.155 0.00 0.067 0.067 0.088 '#*:In'i' 60 3.70 1.00 3.70 0.212 0.00 0.133 0.133 0.079 90 2.90 1.50 4.35 0.249 0.00 0.200 0.200 0.049 120 2.40 2.00 4.80 0.275 0.00 0.266 0.266 0.009 180 1.80 3.00 5.40 0.309 0.00 0.399 0.399 -0.090 240 1.50 4.00 6.00 0.344 0.00 0.532 0.532 -0.189 360 1.12 6.00 6.72 0.385 0.00 0.798 0.798 -0.414 480 0.93 8.00 7.44 0.426 0.00 1.064 1.064 -0.638 720 0.70 12.00 8.40 0.481 0.00 1.597 1.597 -1.116 960 0.57 16.00 9.12 0.522 0.00 2.129 2.129 -1.607 1200 0.50 20.00 10.00 0.573 0.00 2.661 2.661 -2.089 1440 0.44 24.00 10.56 0.605 0.00 3.193 3.193 -2.589 . . 03/01/03 STAGE STORAGE FOR: FOOD PANTRY --------- --------- --------- ----------- --------- --------- --------- --------- --------- --------- ----------- ---.------ --------- --------- REQ'D D.E.R. VOLUME BASIN AREA DEPTH OF RUNOFF 1,782 42,758 0.50 (C.F.) (S.F.) (Inch) STORAGE TABULATIONS FOR POND # 1 AREA @ T.O.B. 4460.0 ...................... EL 23.00 AREA @ BOTTOM 2318.0 ...................... EL 21.00 STAGE SURFACE STORAGE STAGE SURF ACE STORAGE (msl) AREA (CU FT) II (msl) AREA (CU FT) --------- --------- --------- ----------- --------- --------- --------- --------- --------- --------- ----------- --------- --------- --------- 21.00 2318 0 II 22.03 3416 2941 21.05 2373 120 II 22.08 3471 3117 21.10 2428 243 II 22.13 3526 3297 21.15 2483 369 1/ 22.18 3581 3479 21.21 2538 498 II 22.23 3636 3664 21.26 2593 630 II 22.28 3691 3852 21.31 2648 764 II 22.33 3746 4043 21.36 2702 901 II 22.38 3801 4236 21.41 2757 1041 II 22.44 3856 4433 21.46 2812 1184 II 22.49 3911 4632 21.51 2867 1330 II 22.54 3966 4834 21.56 2922 1478 II 22.59 4021 5038 21.62 2977 1629 II 22.64 4076 5246 21.67 3032 1783 II 22.69 4130 5456 21.72 3087 1940 II 22.74 4185 5670 21.77 3142 2100 II 22.79 4240 5886 21.82 3197 2262 II 22.85 4295 6105 21.87 3252 2428 11 22.90 4350 6326 21.92 3307 2596 II 22.95 4405 6551 21.97 3362 2767 II 23.00 4460 6778 . . L.() N ..q- N J'f") N N N ..-- o N (J) co I'- N ..-- ..-- ..-- I 0 I L[) I "<t' N \I -.i w u..: I ro u..: I I I <( I I \ ~ <( Z w \ 0 0 0 <( \ 0 ....J 0::: 0 :J ~ \ N 0 ill \ 0 ~ ::::2: II C\l 0 Z O. Z W i= !=(J -.i en en w 0 O....J W 0 ....J 0... X rnW <( 0 W \I (,) 0::: \ ~ - en 0... 3; r- ~ I U en r- W 0 z y:o W (f) Zo <(" 0... rn~ 0 ....J 0 l.1.. \I I "'-en ..W O. 0 Z Q... Gj I "<t'(f) O....J 0 I-W, I (L I IT LO W Z ....J 3: 0::: L.() N ~ N J'f") N N N ..-- o N (J) OJ I'- N ..-- ..-- ..-- e . EAGLE CONSULTANTS WEiR CALCULATIONS FOR '>I !~". ,I..--....'j ..- "I'" f'''''-' r-"-~r"\.~ ...-.:'" 1\ ~""""'R\ " PII Y K i L" f- 1'. \, !--r-! I'U" I ! r-' ,:..:,.N I "T' n;,!, '" j "'_ J-.... y L.,...o ~~...v ~ ~ ~ d If \. "Q" = C L H^1,5 TOP OF BANK = 23,00 DESIGN HIGH WATER = 22.75 TOP OF WEIR = 22.75 BOTTOM OF WEIR = 21.67 POND BOTTOM = 21.00 Q = 1.61 C.F.S. ALLOWABLE C = 3.30 H = 1.08 "L" = 0.43 FEET DATE: 01-Mar-03 0.51' WEIR 6F:J 6N INV. = 18.75 f NOTE: BAFFLE ON ALL SIDES e GRATE ELEV. 22.75 WEIR ELEV. = 21.67 BonOM ELEV. = 21.17 BonOM OF BASIN ELEV. 17.50 FRONT VIEW CONTROL STRUCTURE N.T.S. . SIDE VIEW CONTROL STRUCTURE N.T.S. OUTFALL STRUCTURE DETAIL NOT TO SCAlE ANGLE IRON SUPPORT FRONT ONLY NON TRAFFIC GRATE 8" MASONRY OR APPROVED R.C. PREFAB I'<t 1-(') (9'r z01 UJ ....J 5: II 6~ UJ a.. o ....J C/) . o o 'r 1',1 s: z N' 0::1- offi I> C/) Z o i= <( ....J :::1 (.l :3 c: <( (')0 ,^ t,() Z ~ ~S 2 (')0 <( .gO I- .;:;: S -oJ u...2 <( :) 0:: cn~>:O 2 . Glz OO::{3- UOiYC2 wutO _IC) & ffi C>'<t:".0 <(.....~z W~Z:::1 r--. (0 ..... N II S ....J o ~ ....J C/) >- W o 0:: <( o )-. 0:: l- Z <:t- o: o o o ~. (') o -- ..... o try o wQ :2L." <(Z[n ZQO I-I-w O<(Z wO J::JQw aa..wl- O::a..w<( a..<(00 o o en ,'.J <:0 co 0 g ," "..- r...... 0 ~ (1") '<j' ('j 0J (>') C~ >- ....J Z o o z o a.. o w C/) o a.. o 0:: a.. 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'r ('J N N N N N N N N . . 1'_6" 2'-0" 1'-0" (NO SOD) FIL TER MEDIA # 5 OR # 57 COARSE AGGREGATE (NOT FILTER MEDIA) TREA TMENT 1/2" ELEV. = 21.67 BOTTOM ELEV. = 21.00 S.H.W.T.= EL. 20.00 30 MIL. P.V.C. LINER (WRAP ENTIRE SYSTEM EXCEPT ROCK AT POND BOTTOM) FILTER SAND DATA CLASSIFICATION: SP (ASTM D-2487)-2CM/SEC COEFFICIENT OF PERMEABILITY: 4.03 x10 EFFECTIVE GRAIN SIZE: 0.25 mm UNIFORMITY COEFFICIENT: 2.80 PERCENT PASSING #200 SIEVE: 0.3% (THJS IS FILTER MEDIA) UNDERDRAIN DETAIL NOT TO SCALE o I - ..- 6" INV. = 18.75 6" P.V.C. UNDERDRAIN (AASHTO M-189) NO. 57 ROCK WITHIN AAMOCO 45/45 FILTER FABRIC ENVELOPE - NO LIMESTONE ALLOWED. (NOT FILTER MEDIA) . . A&E GEOTECHNICAL. INC. Ph: 727-516.9391 9600 Koger Boulevard, Suite 235 Fax: 727 .518. OSCl4 StPetersburg, Florida 33702 HAND AUGER BORING LOR PROJECT: Proposad Office Building N.c. Corner of N.Myrtle Ave & Hart Street REPORTIN G DATE: June 5, 2002 lOCATION: 20' east & 7~. north of S.W.Comer ofth, property (As shown on the enclosed sketch) DATE TESTED: June 5,2002 FILE NO: 02.893 DEPTH TO EXISTING GROUND WATER LEVEL: 6' O. below the existing g~l.Ind surface I BORING NO: H.A.t1j DEPTH U.S.c. (Ft] VI SUAL DESCRIPTION OF THE SOIL Symb. 'Y:~::~:'\ Medium gray SAND (SP) some grass roots ,. . ~ & 4 ::~{:::i::::.: - Light ~ary fine SAND (SP) I-- 1 .0 8rown to medium brown flne SAND (SP) ..... :-- 2.0 jiji~~1Hm1:m !~H; :;~ i :!i:iiiii ::::lml:;:;~;;;: ,................. ..11........-..... - Light yellowish brown fine SAND (SP) --............... ,.....,........... .................' ,.... ....~.., ...,. .""....---....-. ..........,....... ,~~...... ~.~.... ... ,.................. S.O ...............". - . . ........ ~...... '" ........,......". . . ... ~.... .... ..,. . , ........ .... .~. . . ........,......... ........~.....u... .............H-.- ...... ..~. ........ . ........-.......... .. ~....... I II ..... ..... ..........,....... ~1!!!I!m!111!ml ~ 4.0 Brown fine SANO (SP) tr3C8 cemented dark brown sand nodules :::ji:i::;:;;;;:: ,,... ........ ~~... ::::~::::::::~;;: - ....,.......,..... iiii;:::::;;:;::,:i ...........".".. 6.0 ................... i-- njHH;;1::m~~ ;:~:~jg::;Ug~i .... ........'.......... ...,.'....-......... ..""...,....,,... Grayish brewn SAND (SP) tr;c; so.ltered silt nodules ................." ........,........, ........'.......,. .-.-----..--.-.... W.T..,t.. ..,................ 6.0 .......,.......... ~ ....,..-.......... ~ ~mi!mml!!!m - .jHjHH:~mj:: 7.0 I Ul ~ 1: ~; ::;: :;~:: .................. - ,................. ................... Hand auger borIng terminated at 7 feet due to hole caving In ....... - REMARKS: Estimated Seasonal High Water Level = 'I O. below the existing ground surface In this area. R. Gunasekaran P.E. Fl. Reg. No: 20402 e . COEFFICIENT CALCULATIONS FOR MYRTLE - OFFSITE NORTH BASIN AREA = 1,050 SF = 0.02 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0.00 S.F. x 0.95 = 0.00 BUILDINGS 0.00 S.F. x 0.95 = 0.00 PONDS (D.L.W.) 0.00 SF x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 1,050.00 S.F. x 0.20 = 210.00 TOTALS 1,050.00 SF 210.00 "C" = 0.20 POST-DEVELOPED: ASPHAL T/CONCRETE 0.00 S.F. x 0.95 = 0.00 BUILDINGS 0.00 SF x 0.95 = 0.00 PONDS (D.L.W.) 0.00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 1,050.00 SF X 0.20 = 210.00 TOTALS 1,050.00 S.F. 210.00 "e" = 0.20 . . HISTORIC "Q" CALCULATIONS PROJECT = MYRTLE : - OFFSiTE NORTH DATE: STORM = 25 (YEARS) RAINFALL= 8.5 (INCHES) AREA AREA IMPERVIOUS PERVIOUS "C" "Q" # (S.F.) (0.95) (0.20) (WEIGHTED) (C.F.S.) 1 1050.0 0 1050 0.20 0.04 . Myrtle - Offsite North . Worksheet for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c: \haestad\fmw\myrt -off. fm2 Myrtle Prof. - Offsite North Trapezoidal Channel Manning's Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.007500 ft/ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.04 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow is subcritical. 0.08 ft 0.06 ft2 1.02 ft 0.99 ft 0.05 ft 0.038710 ft/ft 0.66 ft/s 0.01 ft 0.09 ft 0.47 10:26:41 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FICMlMaster v5.15 Page 1 of 1 . Myrtle -. - Offsite North . Cross Section for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c: \haestad\fmw\myrt-off. fm2 Myrtle Prof. - Offsite North Trapezoidal Channel Manning's Formula Channel Depth Section Data Mannings Coefficient Channel Slope Depth Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.007500 ft/ft 0.08 ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.04 cfs I. .1 ~~ H 1 NTS 0.50 ft 10:31 :24 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FICMlMaster vS.15 Page 1 of 1 . . COEFFICIENT CALCULATIONS FOR MYRTLE , - OFFSITE EAST BASIN AREA = 6,380 SF = 0.15 ACRES PRE-DEVELOPED: ASPHAL T/CONCRETE 0.00 SF x 0.95 = 0.00 BUILDINGS 1,605.00 S.F. x 0.95 = 1,524.75 PONDS (D.L.W.) 0.00 SF x 1.00 = 0.00 WETLAND (SHWT) 0.00 SF x 1.00 = 0.00 OPEN SPACE 4,775.00 S.F. x 0.20 = 955.00 TOTALS 6,380.00 S.F. 2,479.75 "c" = 0.39 POST-DEVELOPED: ASPHAL T/CONCRETE 0.00 SF x 0.95 = 0.00 BUILDINGS 0.00 S.F. x 0.95 = 0.00 PONDS (D.L.W.) 0.00 S.F. x 1.00 = 0.00 WETLAND (SHWT) 0.00 S.F. x 1.00 = 0.00 OPEN SPACE 6.380.00 S.F. x 0.20 = 1.276.00 TOTALS 6,380.00 S.F. 1,276.00 "C" = 0.20 . . HISTORIC "Q" CALCULATIONS PROJECT = MYRTLE . - OFFSITE EAST DATE: STORM = 25 (YEARS) RAINFALL= 8.5 (INCHES) AREA AREA IMPERVIOUS PERVIOUS "C" "Q" # (S.F.) (0.95) (0.20) (WEIGHTED) (C.F.S.) 1 6380.0 1605 4775 0.39 0.48 . Myrtle - Offsite East . Worksheet for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c: \haestad\fmw\myrt -off. fm2 Myrtle Prof. - Offsite East Trapezoidal Channel Manning's Formula Channel Depth Input Data Mannings Coefficient Channel Slope Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.002600 ftlft 3.000000 H : V 3.000000 H : V 0.50 ft 0.48 cfs Results Depth Flow Area Wetted Perimeter Top Width Critical Depth Critical Slope Velocity Velocity Head Specific Energy Froude Number Flow is subcritical. 0.35 ft 0.55 ft2 2.74 ft 2.62 ft 0.21 ft 0.027011 ftlft 0.87 ftls 0.01 ft 0.37 ft 0.33 01:14:40 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FlowMaster VS.15 Page 1 of 1 . Myrtle - Offsite East . Cross Section for Trapezoidal Channel Project Description Project File Worksheet Flow Element Method Solve For c: \haestad\fmw\myrt-off. fm2 Myrtle Prof. - Offsite East Trapezoidal Channel Manning's Formula Channel Depth Section Data Mannings Coefficient Channel Slope Depth Left Side Slope Right Side Slope Bottom Width Discharge 0.030 0.002600 ftlft 0.35 ft 3.000000 H : V 3.000000 H : V 0.50 ft 0.48 cfs "'V w 0.50 ft ~~ H 1 NTS 01:14:53 PM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 FICMlMaster vS.15 Page 1 of 1 INSTRUCTIONS FOR OPERATION AND MAINTENANCE OF STORM WATER FACILITY Routine Maintenance: This retention/detention pond is intended to function as a "dry bottom" facility. The preferred ground cover is grass. All weeds or exotic plant growth should be removed from the retention/detention basin proper. It is not necessary to remove or alter plant species or growth within the access easements. The grass within the basin should be allowed to maintain a length of four (4)" to six (6)" inches. The grass should be mowed monthly during the months from April through October and in December and February. Unusually wet or dry years may require variation of the mowing schedule. All debris and grass clippings should be removed from the facility on a weekly basis. It must be emphasized to the abutting lot owners that they are not to throw grass clippings into the retention/detention area. Along with the periodic mowing operation, the surface of the sand filter must be checked and kept clear of grass or other plant growth. . . Page 1 of 1 Storm Damage/Repair: At the beginning of each storm/flood season, and after each significant storm, the retention/detention pond must be inspected for damage. Particular attention must be to the embankments, the outlet works and the inlets. Inspect for signs of erosion, excessive deposition of sediments, buildup of trash or debris, or any other signs of damage. Any problems found should be addressed immediately as minor damage can become major if additional significant storm events occur before repairs are completed. Sediment removal: Retention/detention of storm water runoff in basins causes sediments to settle within them. Sediment deposition is particularly severe when land development is occurring in the tributary watershed. The majority of the sediment is expected to occur near the basin inlet structure. This area should be cleaned annually during the period from December through March. Additional cleaning may be required as a result of local erosion or because of deposits discovered during "post storm" inspections. Sand Filter: At any time when the retention/detention facility requires more than 36 hours to drain substantially dry or at least every two (2) years, the top six (6) inches of sand filter media should be removed and replaced with new or thoroughly washed filter media. NOTE that replacement media must be of the same specification as the original. Spent filter material may be utilized to fill eroded banks within the retention area. Excess filter media must be disposed in a landfill approved to receive such material. These operation and maintenance instruction must be forwarded to each entity responsible for maintenance and operation of the facility upon transfer of responsibility. (") ::E -= 0 . ~ e- O .; => => 0 ~ ~ => => .s. N \C ~ iii 0... .. ~. . iii on ~I " -- on .... .... <) 0\ = 0 => = 0 => " - on = r--t N = N N~ ~ -- N Cl ,..:' Cl <) N .... 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Case Num er: ~ Agenda Item: D9 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNER/APPLICANT: REPRESENTATIVE: LOCATION: REQUEST: PLANS REVIEWED: SITE INFORMATION: PROPERTY SIZE: Religious Community Services, Inc. Mr. Jay Myers; Myers & Associates Architecture 405 North Myrtle Avenue Flexible Development approval to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Site plan submitted by Myers & Associates Architecture 0.98 acres; 42,758 square feet DIMENSIONS OF SITE: 228 feet of width by 120 feet of depth PROPERTY USE: Current Use: Proposed Use: Vacant Social/public service agency (food pantry) Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 1 . . PLAN CATEGORY: CG, Commercial General Classification ZONING DISTRICT: C, Commercial District ADJACENT LAND USES: North: Governmental Use (storage yard) South: Single-family dwelling East: Single-family dwelling West: Governmental Use CHARACTER OF THE IMMEDIATE VICINITY: Single-family dwellings existing to the east and a variety of non- residential uses existing to the north, south and west along North Myrtle Avenue. ANALYSIS: The 0.98-acre vacant site is located on the northeast comer of North Myrtle Avenue and Hart Street. The site is located within a transitional area between a commercially developed area along North Myrtle Avenue and single-and multi-family dwellings to the east. Uses along North Myrtle Avenue to the north, south and west include governmental uses (City Gas Department and storage yard), medical clinic and single-family dwellings. The site's west boundary fronts along North Myrtle Avenue and the south boundary fronts along Hart Street. The site is moderately treed and slopes slightly to the east. The proposal includes a two-story, 12,592 square foot sociaVpublic service agency (food pantry). All sociaVpublic service agency uses within the Commercial District must be reviewed by the Community Development Board as a Level Two application, per Section 2-704 of the Code. The fact that the site is adjacent to residential designated property and the proposal includes a reduction in the front (south) setback along Hart Street requires that it be reviewed as part of a Comprehensive Infill Redevelopment Project. The proposal includes the relocation of the existing food pantry from its current location at 700 East Druid Road to the subject site. The food pantry has been at its current location approximately one year. Prior to that it had been located at 210 South Ewing Avenue from 1985 until 2001, when it relocated to the Druid Road site. Parking will be located along the east and north sides of the site. Two, two-way driveways, with one each along North Myrtle Avenue and Hart Street, will provide access. A six-foot, solid wood fence will be located along the east and north property lines providing an adequate buffer between the proposed use and adjacent, residentially used property. Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 2 . . The request is to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks of five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. The reductions in side setbacks are to pavement only and applicant will provide additional landscaping along the front (south and west) property lines and internal to the site, a more viable project and the preservation of many large live oaks. The building will be located a minimum of 70 feet from any side property line. The building will include a primarily sand-colored split-face block and dark blue tile finish and a standing seam metal roof. Overhead, garage-style, loading doors will be located on the east side of the building. One monument-style, freestanding sign, 20 square feet in area and 6.33 feet in height will be located on the site and meets the Minimum Standard Development requirements of Code. The sign will be architecturally integrated with the building with regards to materials, color and finish and including a dark blue, split-face block base and a white, stucco sign structure. The sign will read "RCS Building a Better Community RCS FOOD PANTRY" in purple letters with logo on a light sand colored background. The landscape plan exceeds the intent of the Code utilizing a variety of a colorful groundcover (jasmine), shrubs (including azalea and photinia) and trees (including magnolia, sabal palm and crape myrtle). Solid waste will be removed via an enclosed dumpster located at the northeast comer of the site. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. All Stormwater requirements have been met with this proposal. The hours of operation will be primarily between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. Clients will access the building between the hours of 12:30 p.m. and 3:45 p.m., Monday through Friday. Clients typically access the site via public transportation or by carpooling. There will be a maximum of six employees and 20 volunteers on the site at any given time. Deliveries will be made via one 42-foot truck, once per month. All other deliveries will be made via personal automobiles. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 3 . . A. COMPLIANCE WITH MAXIMUM DEVELOPMENT POTENTIAL STANDARD IN THE COMMERCIAL DISTRICT (Section 2-701.1): STANDARD REQUIRED/ EXISTING PROPOSED IN PERMITTED COMPLIANCE? FAR 0.55 Vacant 0.34 Yes IMPERVIOUS 0.95 Vacant 0.67 Yes SURFACE RATIO B. FLEXIBLE DEVELOPMENT STANDARDS FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2- 704): STANDARD PERMITTED/ EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA N/A 42,758 square 42,758 square Yes (minimum) feet feet LOT WIDTH N/A 228 feet 228 feet Yes (minimum) FRONT N/A Vacant West: 27 feet (to Yes SETBACK building) South: 15 feet (to building) REAR N/A N/A* N/A* Yes SETBACK SIDE N/A Vacant East: five feet (to Yes SETBACK pavement) North: five feet (to pavement) HEIGHT N/A Vacant 28 feet Yes maximum PARKING Determined by Vacant 31 spaces (2.15 Yes SPACES the Community spaces per 1,000 minimum Development square feet of Director based gross floor on the specific area) * * use and! or ITE Manual standards * Comer lots have two front setbacks and two side setbacks under the provisions of Section 3- 903. ** The required number of parking spaces may be reduced by up to 25 percent in order to preserve protected trees located on the parcel proposed for development under the provisions of Section 3-1404.E. The proposal includes reducing the number of parking spaces by 53 percent in order to preserve protected trees as identified by the City's Land Resource Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 4 . . Specialist. Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-020 11 - Page 5 . . C. FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL DISTRICT (Section 2-704.C): 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. The subject property, vacant and moderately treed, is conveniently located along a significant public transportation route. A majority of the clients typically access this service via public transportation or by carpooling. The proposal includes a two-story, 12,592 square foot social/public service agency (food pantry). All social/public service agency uses within the Commercial District must be reviewed by the Community Development Board as a Level Two application, per Section 2-704 of the Code. The fact that the site is adjacent to residential designated property and the proposal includes a reduction in the front (south) setback along Hart Street further requires that it be reviewed as part of a Comprehensive Infill Redevelopment Project. The proposal includes the relocation of the existing food pantry from its current location at 700 East Druid Road to the subject site. The food pantry has been at its current location approximately one year and from 1985 to 2001 was located at 210 South Ewing. The site has been designed to locate the building as far away as possible from adjacent, residential properties and preserve as many as the existing oak trees as possible. The proposal will also result in landscaping in excess of Code requirements. The requested setback reductions make the site more usable and will result in a greater buffer between the food pantry and adjacent properties. 2. The development of the parcel proposed for development as a Comprehensive Inlill Redevelopment Project will not reduce the fair market value of abutting properties. The current assessed valuation of the site is $185,000. With the redevelopment proposal, the assessed valuation is projected at $800,000. This increase in property value is expected to have a beneficial effect on surrounding properties. 3. The uses within the Comprehensive Inlill Redevelopment Project are otherwise permitted in the City of Clearwater. Social/public service agencies are generally permitted within the City and specifically within the Commercial District. The request is being processed as a Comprehensive Infill Redevelopment Project due to the proposed reduction in setbacks, parking reduction and the fact that the site is adjacent to property designated as residential in the Zoning Atlas. Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 6 . . 4. The use or mix of uses within the Comprehensive Infill Redevelopment Project is compatible with adjacent land uses. Single-family dwellings are located to the east, while a variety of nonresidential uses dominate the surrounding properties to the north, south and west. The site is located within a generally, commercially developed area of the City. The proposal is to construct a two- story social/public service agency (food pantry). The building area will be almost evenly split between warehouse and office space. The "Religious Community Services Food Pantry" has been operating at their previous site, 210 South Ewing Avenue, since 1985 without Code violations or any other outstanding problems. The proposal will act as an appropriate transition use between North Myrtle Avenue and the residentially used properties to the east. This location provides an opportunity to redevelop a portion of Clearwater that is currently undergoing renewed investment and redevelopment. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater. The centra11ocation of the site and its proximity to a significant public transportation route makes it uniquely and ideally suited for the proposed social/public service agency. Properties with these characteristics are limited within the City. 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. The development and design of the project will benefit the community both functionally and aesthetically. The development of the site and landscape design will set a new standard for the area. It may influence similar redevelopment efforts in the area. 7. The design of the proposed Comprehensive Infill Redevelopment Project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed development will play a role in the continuing positive, redevelopment changes of Clearwater. The City will benefit by having a revitalized site and building. The proposed use will act as an appropriate transition between the more intensely developed North Myrtle Avenue and the residential properties to the east. The City will benefit by having an attractive building located in a redeveloping area. The proposed building and landscape enhancements will significantly improve the site. Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 7 . . 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The proposed development will visually enhance the immediate area through the construction of an attractive development. The subject property is vacant and moderately treed. The site has been designed to located the building as far away as possible from adjacent, residential properties and preserve as many as the existing oak trees as possible. The proposal will also result in landscape in excess of Code requirements. The requested setback reductions make the site more usable and will result in a greater buffer between the food pantry and adjacent properties. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Adequate parking will be provided on-site. The required number of parking spaces may be reduced by up to 25 percent in order to preserve protected trees located on the parcel proposed for development under the provisions of Section 3-1404.E. The proposal includes reducing the number of parking spaces by 53 percent in order to preserve protected trees as identified by the City's Land Resource Specialist. D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. The area is characterized with modest one and two-story single-family dwellings to the east and a variety of nonresidential uses to the north, south and west. This proposal includes a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas. It will provide a positive redevelopment example for the area through an attractive building and well-designed landscaping and will act as an appropriate transition between the more intensely developed North Myrtle Avenue and the residential properties to the east. The development complies with density and impervious surface ratio standards within the Commercial District. The proposal is consistent and in harmony with the scale, bulk, coverage, density and character of the adjacent properties. Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 8 . . 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site is zoned Commercial District and the surrounding area is characterized by single- family dwellings and a variety of non-residential uses along North Myrtle A venue. The character and intensity of the proposed development will be in compliance with that zoning classification. The development complies with density and impervious surface ratio standards within the Commercial District. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed use of the site will be less intense than that of a retail sales and service establishment which are permitted in the Commercial District. The hours of operation will be primarily between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. Client hours will be minimal in the afternoons during the week. Truck deliveries will be limited to once per month. The food pantry has operated this program within the City for the last 15 years without incident. 4. The proposed development is designed to minimize traffic congestion. A majority of the clients served by the food pantry will arrive via public transportation or carpooling. The proposal is expected to have little or no increased effect on traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with and will raise the standards of the community character of the immediate vicinity, through attractive architecture and well-designed landscaping. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposal includes constructing a new building with attractive architecture and well- designed landscaping. Adequate parking will be provided. The level of service on North Myrtle Avenue and Hart Street will not be degraded. The site will be serviced by a dumpster for trash. Staff Report - Community Development Board - April15, 2003 - Case FLD2003-02011 - Page 9 . . SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 13, 2003. The Planning Department recommends APPROVAL of the Flexible Development application to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G for the site at 405 North Myrtle Avenue, with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the criteria as a Comprehensive Landscape Program per Section 2-1202.G. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That all signage meet the requirements of Code and be architecturally integrated with the design ofthe building with regards to color, materials and finish 3. That all Fire Code requirements be met prior to the issuance of any permits; 4. That all Engineering Code requirements be met prior to the issuance of any permits; 5. That evidence of a SWFWMD permit be submitted to and approved by Staff prior to the issuance of any permits; 6. That all Stormwater Code requirements be met prior to the issuance of any permits; 7. That all required Transportation Impact Fees be paid prior to the issuance of any permits; and 8. That a Tree Preservation Plan be submitted to and approved by Staff prior to the issuance of any permits to include the following: ~ Impacts to the critical root zones (drip lines) that the proposed building, parking, stormwater and utilities will make and how those impacts will be addressed (i.e.; crown elevating, root pruning and/or root aeration systems); ~ The actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required) and a Code compliant tree barricade detail; and ~ Any other pertinent information relating to tree preservation Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 10 . Prepared by: Planning Department Staff: ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application yV Mark T. Parry, Planner - . / S:IPlanning DepartmentlC D BIFlexlPending cases I Up for the next DRC\Myrtle 405 RCSIMyrtle 405 Staff Report. doc Staff Report - Community Development Board - April 15, 2003 - Case FLD2003-0201l - Page 11 lO:t5 a.m. Case: FLD2003-02e405 North Myrtle Avenue . Owner/Applicant: Jami Austin; Religious Community Service (rpantry@tampabay.rr.com, rdickman@mindspring.com and rcs-inc@mindspring.com) Representative: Jay Myers; Myers & Associates Architecture. (Fax: 727.595.7138/work: 727.595.7100/cell: 727.430.4132/edress: mai Ito:myersarch@ix.netcom.com). Location: The 0.98-acre site is located on the northeast corner of North Myrtle A venue and Hart Street. Atlas Page: 278 A. Zoning: C, Commercial District. Request: Flexible Development approval to permit a sociaUpublic service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and a reduction in the required number of parking spaces from 58 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: The proposal includes a two-story, 12,592 square foot sociaUpublic service agenda (food pantry). Neighborhood Association: Drew and Plaza Park Neighborhood Association (Brian & Michelle King, 911 Plaza St., Clearwater, FL 33755 home: 727.446.2823) Presenter: Mark T. Parry Planner. Attendees included: City Staff: Mark Parry, Frank Gerlock, Joe Colbert, Rick Albee, Wayne Wells, Glen Bahnick and Tom Glenn Applicant/Representative: Jay Meyers, Ron Dickman, Bill Hausel and Jami Austin The DRC reviewed this application with the following comments: 1. Environmental: a) No comments 2. Fire: a) That all Fire Code requirements be met prior to the issuance of any permits. 3. General eneineerine: a) Existing sidewalk to be removed within the proposed drive aprons to the nearest joint; b) Utility poles to be removed/relocated at the applicant's expense; c) Concrete dumpster pad to be shown as Detail #701; d) Bring all substandard sidewalks and sidewalk ramps adjacent to or a part of the project up to standard, including A.D.A. e) Clarify and/or address prior to CDB review. f) That all Engineering Code requirements be met prior to the issuance of any permits. 4. Harbor Master: a) No comments DRC action agenda - December 13, 2002 - Page 1 5. Land resource: . . a) The proposed storm line north of the building will adversely impact the 40" and 30" Oak trees north of the building, relocate proposed storm line; b) Show TRUE canopy lines of trees to be preserved; c) Show trees to be removed. d) Address all of the above prior to CDB review. e) Provide a Tree Preservation Plan. This plan must show how the proposed building, parking, stormwater and utilities impact the critical root zones (drip lines) and how you propose to address these impacts i.e.; crown elevating, root pruning and/or root aeration systems. Other data required on this plan must show actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required), and the tree barricade detail. And any other pertinent information relating to tree preservation. Landscapine: a) No comments Parks and Recreation: a) No comments Plannine: a) Clarify what type of signage will be associated with the project -include color; b) Provide rendered elevations - four sided; c) Redefine the west and south facades of the building to more resemble an office building - perhaps through the use of faux or genuine windows or an articulation of the fenestration; d) Label Hart Street a one-way street; e) Address the above prior to CDB review. Solid waste: a) Angle enclosure more to Hart Street - revise prior to CDB review Stormwater: a) SWFWMD Permit required prior to Building Permit; b) N. Myrtle Avenue Driveway - Runoff may flow past single Type C inlet and into ROW, revise to capture onsite runoff; c) SW corner of building will block the connectivity of the pond causing approx. 0.25' depth retained in the south portion of pond. This must recover within 24 hours; d) Provide pond recovery calculations within 24 hours; and e) Post-development runoff coefficient should include the area of pond at DHW with a weighted value of 1.0. t) Storage volume required is not consistent with City of Clearwater Design Criteria. g) A minimum pond freeboard of 6" is required. h) Weir elevation on plans and in drainage calculations do not correlate i) Address the above (10 b - h) prior to review by CDB. 6. 7. 8. 9. 10. DRC action agenda - December 13, 2002 - Page 2 11. Traffic enf!ineerin. . a) Why 2 site Plans? b) Show and Comply with sight triangles on site and landscape plans; c) Applicant must show on the "Site Plan" 20' sight triangles at the access points. Also, landscaping within the sight triangles should not grow more than 30" in height from the ground surface; d) Applicant should consider providing the required number of parking spaces per City codes to discourage on street parking. (5 additional regular spaces); e) Applicant must show the dimension details on the "Site Plan"; f) Dimension loading area; g) Include City standard handicap package and sign details; h) Provide stop signs and stop bars at driveway exits; i) Provide "No Right Turn" sign and "One way" sign (s) at South Driveway exit; j) How will trucks be prevented/discouraged from exiting South driveway and traveling through neighborhood? k) Provide handicap accessible route from public sidewalk to accessible entrance; I) All of the above to be addressed prior to CDB review. m) That all required Transportation Impact Fees be paid prior to the issuance of any permits. NOTES: 1. 2. That 15 sets of the application and all supporting materials be submitted to Staff on or before noon March 17, 2003 in order to be scheduled for the April 15, 2003 CDB meeting; Send comments to Jay Myers at mailto:myersarch@ix.netcom.com and Jamia at rpantry@tampabay.rr.com, and Ron Dickman at rcs-inc@mindsprin!!:.com DRAFT CONDITIONS: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That all Fire Code requirements be met prior to the issuance of any permits; 3. That all Engineering Code requirements be met prior to the issuance of any permits; 4. That evidence of a SWFWMD permit be submitted to and approved by Staff prior to the issuance of any permits; 5. That all required Transportation Impact Fees be paid prior to the issuance of any permits; and 6. That a Tree Preservation Plan be submitted to and approved by Staff prior to the issuance of any permits to include the following: ~ Impacts to the critical root zones (drip lines) that the proposed building, parking, stormwater and utilities will make and how those impacts will be addressed (i.e.; crown elevating, root pruning and/or root aeration systems); ~ The actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required) and a Code compliant tree barricade detail; and ~ Any other pertinent information relating to tree preservation DRC action agenda - December 13, 2002 - Page 3 . . . ,-,VTJrTI-r. 1J'~'(.J\LoF r}ft;r~ ~~~ ",,'F.-m~C;7..r~ ,~~,\.' '.,L" ~~~)I/ \ ~~. ...~ - ~c::('" "'r::':. ~~ ":.i1"'-=:' - ::s~ ..:?~-==-~ II~~ ~..((IA~~xOi"~~~\' ......~...~l~\\,..I. CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LoNG RANGE PLANNING DEVELOPMENT REvIEW April 17, 2003 Mr. Jay Myers Myers & Associates Architecture 9170 Oakhurst Road; Suite 33 Seminole, FL 33776 r;'~71 r.~ t<~ ~'1'r~ l; . RE: Development Order - Case FT D2003.:Q:2_QU - 405 North Myrtle Avenue (RCS Food Pantry). Dear Mr. Myers: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On April 15, 2003, the Community Development Board reviewed your Flexible Development application to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.0. The application was unanimously denied. Please note that any appeal to a Hearing Officer must be filed within 14 days of the decision per Section 4-502.B (as attached). A fee of $100 must accompany any appeal filed. If you have any questions, please do not hesitate to call Mark T. Parry, Planner, at 727-562-4558. You can access zoning information for parcels within the City through our website: www.c1earwater-fl.com. ~1~1bc Cynthia Tarapani, AICP Planning Director S:\Planning Departmenf\C D B\FleX\Jnactive or Finished Applications\Myrtle 405 RCS - Denied\Myrtle 405 Development Order. doc BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL)ONSON, COMMISSIONER "EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . , CITY OF CLEARWATER ~,.({~O~~" ~, ~,~'f~-t~.{J'~ ~~~-;I// ~ ~ '~c:-:a', - <~, liI\r::~ ~ -~ ~~~=-- ~'" "',.-..:.,;.o:.-=- ~~ ....,y~~- fr-.."S --,.(r~LX#~~W' -~~~1E~'4j~ '4:~IV" POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT March 31, 2003 Mr. Jay Myers Myers & Associates Architecture 9170 Oakhurst Road; Suite 33 Seminole, FL 33776 RE: Communit&.'p.t Board Meeting regarding application for Flexible Development approval (~1) to permit a social/public service agency (food pantry) within the Commercial Di~h~ct adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and a reduction in the required number of parking spaces from 58 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Dear Mr. Meyers: The Flexible Development request as outlined above has been scheduled to be reviewed by the Community Development Board on April 15, 2003. The meeting will take place at 2:00 p.m. in the City Commission Chambers, 3rd floor of City Hall at 112 South Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4558. ~ Mark T. Parry Planner S:\Planning Departmenf\C D B\Flex\Pending cases\Up for the next DRC\Myrtle 405 RCS\Myrtle 405 CDB Letter,doc BRIAN], AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT February 20, 2003 Mr. Jay Meyers Meyers & Associates Architecture 9170 Oakhurst Road; Suite 33 Seminole, FL 33776 FILE RE: Applications for Flexible Development approval (FLD2001-02011) to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks of five feet (to pavement) and a reduction in the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.0. Dear Mr. Meyers: The Planning staff has reviewed your applications Flexible Development approval to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks of five feet (to pavement) and a reduction in the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.0 at 405 North Myrtle A venue. After a preliminary review of the submitted documents, staff has determined that the application is complete. BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BlI.LJONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . RECE'~D RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. MAY 2 0 200~00 SUNTRUST FINANCIAL CENTRE " - 401 EAST JACKSON STREET TAMPA, FLORIDA 33602-5841 PLANNING DEPARTMENT CITY OF CLEARWATER ATTORNEYS AT LAW (813) 222-6627 FAX: (813) 314-6927 BRY AN.ST ANLEY@RUDEN.COM May 19, 2003 VIA FEDERAL EXPRESS City of Clearwater Community Development Board Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Supplement to Request for Reconsideration and Rehearing of City of Clearwater Community Development Board ("CDB") denial of application by Religious communityf!Us, " a Florida non-for-profit corporation ("RCS") for new Food Pantr . rtle, Clearwater, Florida Case No. FL 03-020D Dear Ladies and Gentlemen: This firm represents RCS. On May 7, 2003, on behalf of RCS, we forwarded a Request for Reconsideration and Rehearing of the CDB's decision of April 15, 2003 to deny RCS's application for approval of the above-referenced site for its new Food Pantry. The purpose of this letter is to provide some additional information and documentation in support of that request. In that regard, you will find enclosed copies of correspondence from the Clearwater Housing Authority, Partners in Self Sufficiency and the St. Cecilia Catholic Church. The Clearwater Housing Authority and Partners in Self Sufficiency were neighbors of the RCS Food Pantry at its previous location on Ewing Avenue, and St. Cecilia Catholic Church is a neighbor of the Food Pantry's present location on Druid Road. As these letters indicate, the Food Pantry and its clients, in particular, have not previously caused security or other concerns for the Food Pantry's neighbors. These letters also demonstrate that the security and other concerns expressed by members of the COB and neighboring land and business owners of the proposed new Food Pantry site on Myrtle Avenue are unsubstantiated. We have also enclosed a letter of even date from Gary Brumback, Assistant City Manager of the City of Clearwater. Mr. Brumback's letter confirms that the City has agreed to permit RCS' Food Pantry to utilize six (6) parking spaces immediately to the north of the proposed new Food Pantry location. As we related previously, RCS has increased the number of on-site parking spaces to thirty eight (38). With these additional spaces for Food Pantry employees, the City's parking requirements are met. TPA:276570:1 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE · SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH . . City of Clearwater May 19, 2003 Page 2 In addition, we have enclosed a letter from Marshall Harris, Broker, of Harris & Company, Inc. RCS has utilized Mr. Harris for a number of years to locate properties that may be available for the relocation of its Food Pantry. In fact, Mr. Harris previously assisted RCS with the identification of the present Food Pantry location on Druid Road. Mr. Harris's letter evidences that RCS has performed an exhaustive search for available properties that could be utilized for its Food Pantry and that the Myrtle A venue site presently under consideration is likely the only available site suitable for this purpose. In this regard, RCS has approached The Salvation Army about its newer location at the Highland Avenue/Druid Road intersection. We heard that there may be some space available for the Food Pantry at that location and wanted to explore that as an alternative to the Myrtle A venue site. Our final enclosure is a letter from The Salvation Army's Business Administrator advising that The Salvation Army's Advisory Board has recommended that they not entertain the prospect of conveying any of The Salvation Army's property to RCS. We would ask that the CDB consider the enclosed documentation, in addition to that which was previously submitted to the CDB with our May 7, 2003 letter and by other supporters of the relocation of the RCS Food Pantry to Myrtle Avenue, in connection with RCS's request for a reconsideration and rehearing of the April 15, 2003 decision. In the event that any questions arise with respect to the enclosed or any other documentation previously submitted, those questions may be addressed to the undersigned. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BZS/jjh Enclosures cc: Ron Dickman (Via Facsimile) Cynthia Tarapani (Via Facsimile) Garry Brumback (Via Facsimile) Emil Pratesi, Esq. (Via Facsimile) Jamia Austin (Via Facsimile) TPA:276570:1 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG . TALLAHASSEE . TAMPA. WEST PALM BEACH . . May 7, 2003 City of Clearwater Community Development Board 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Relocation of Religious Community Services, Inc. Food Pantry to 405 North Myrtle Avenue, Clearwater, Florida Dear Sir/Madam: This letter of support is provided in reference to the Religious Community Services, Inc. Food Pantry, which was previously a lessee of the Clearwater Housing Authority (CHA) at our former administration building located at 210 Ewing Avenue, Clearwater, Florida. The CHA and the Food Pantry were neighbors on Ewing Avenue for many years. During that period, the CHA had a harmonious relationship with the Food Pantry's operations and its clients. The operations of the Food Pantry did not cause concern for the CHA with regard to security issues for our offices, staff or visitors. Our relationship was one of professionalism and mutual respect. The Food Pantry provides a valuable service to its clients within this community. Sincerely, Jacqueline Rivera Executive Director . . Ddrtners in Self. Sufficiency 2960 T anglewood Drive, Building H Clearwater, floridq 33759 (727) 726-6965 . Fax (727) 726-5998 e-mail: psuffici@tampabalf.pp.com W\MN. pssclea PWCltel'.eom PSS May 9. 2003 City of Clearwater Development Review Board 100 S. MyrtteAvenue ' Clearwater. FL 33756. Dear Ladies and Gentleman: This letter is In reference to the ReS Food Pantry. Partners in Self-Sufficiency resided in the same building as the food pantry for over ten years. at 210 Ewing Avenue in Clearwater. During that time we never had any problems with the organization. their staff or clients. The food pantry is a n.eded service in Clearwater. Many hard working families rely on their nutritious food to supplement the family's regular food budget. Further. our agency never had any problems with any of the clients who utilized the service. The dients are respectful of the agency and always appeared to be appreciative of the help. If you have any questlct>>ns, please do not hesitate to contact me at 726-6965. SylVia Costello Executive Director E0 39\Jd 8r~O:[Ss'ww) NOll~na. tl89tt\1m:aIS~ .lZ69:SINa .ll:W\S. [aW!1146!~a wajS!31 ~d 99:~:Z~ ~OOZl6U91V OA~~. ~~3~Vd Received 0~2003 11:01AM in 01:08 on Line [7J for BZs4lllb 1/1 PAGE 111' RCVU AT5/12J200311 :01 :28 AM [Eastern D8't1ighlT~SVR:I7' DNIS:6927' CSlD:7274424810' DURATION (mm.ss):Ol.o8'Ch St. Cecelia Church 820 Jasmine Way · Clearwater, Florida 33756-4095 I4JOl May 9, 2003 City of Clearwater Community Development Board Planning Department 100 South Mynle Avenue Clearwater, Florida 33756 To whom it may concern: As pastor of one of the church communities supporting Religious Community Services, I am hoping that the City of Clearwater will approve a site for a new Food Pantry. Presently, the Pantry is located close to St. Cecelia Church on Druid Road near Myrtle Avenue. The Food Pantry has been a good neighbor to our church with volunteers and staff utilizing our parking lot whenever necessary. For over a year, this arrangement has proven successful. Never once has there been any kind of problem. Religious Community Services is a great blessing in our city, and I endorse their plans for the future. With every best wish, I am Sincerely, ," 1 ' (.- u- (cllLA Pi \.uA Monsignor Ai n ~ynes Pastor Cc: Ron Dickman lamia Austin VBrian Stanley Cynthia T arapani Garry Brumback Telephone: 727-447-3494 · Fax; 727-4424810 . E-mail: Ccce1ia820@aol.com . Received 05/19/2003 11:23AM in 00:46 on Line [7] PAGE 111' RCVD AT 5119~OO311 :23:41 AM [Eastern DayjightTimel' SVR:I7' DNIS:6927' CSID:' DURATION (mm.ss):OO46 . for BZS * Pg 1/1 P.0l CITY OF CLEARWATER POST OffICE Box 4748, CLEARWATER, FLORlDh 33758-4748 CI1Y HAll, 112 SOUTH OSCEOlA AVENUE, CLEARWATER, FWRlDA 33756 TElEPHONE (J27) 562-4040 FAX (727) 562-4052 Crrr MhNM'icR May 19,2003 Via Fax: (813) 314-6927 Bryan J. Stanley Ruden, McClosky, Smith, Schuster & Russell, P.A. 2700 Suntrust Financial Centre 401 East Jackson Street Tampa, FL 33602.5841 Re. Religious Community Services, Inc. (ReS), Case No. FLD 2003-02011 Relocation of Food Pantry at 405 N. Myrtle Avenue, Clea.rwater, FL Dear Mr. Stanley: You are authorized to share six (6) parking spaces with the City of Clearwater's Parks and Recreation facility parking lot immediately adjacent to the nonh side of your property ~t 405 N. Myrtle Avenue, Clearwater, Florida. As a condition of this approval, you must agree that these spaces will be used by staff only and not patrons. Additionally, you must obtain and hold sufficient insurance to hold the City harmless in the event of accident or injury. We will work out a specific contract as SOOn as possible. ~ Gar lstant City Manager Cc: William B. Horne II, City Manager Kevin Dunbar, Parks & Recreation Director 13RIAN J. AUNGST, MAYO~-CUMM15~IONcH WHITNEY GRAY, VICE MAYOR.COMMISSIONER Horr HAMILTON, COMMISSIONER FRANK Hl!lllAAD, COMMlSSIONEK LflI. BILL JONSON. COMMI~~I{)N~k TOTAL P.Ol . . HARRIS & COMPANY ;WO,5 STA.TE ROAD 59U. SUITE 200 CLE.tlRUrATER. FLORIDA 337,59-2539 REAL TORS'" May 14, 2003 City of Clearwater Community Development BoanI Planning Department 100 S. Myrtle Ave. Clearwater, Florida 33756 RE: Myrtle Avenue & Hart Street site Dear Board Members: This letter is written at the request of Religious Community Services to dispel any myths that a suitable property other thao the property located at the intersection Myrtle and Hart Street can be located for their use. I have handled the real estate matters for RCS for approximately fIVe (5) years. I am a Commercial Real Estate Broker, President of Harris & Company and have 26 years of field experience specializing in commercial real estate. The task of locating a suitable site has resulted in many trials and tribulations. ReS has reviewed approximately 50 properties over the past four (4) ~'cars. All sites located in the core area had problems in regard to size, shape, location, and/or lack of public transportation or a suitable building. We felt extremely confident and excited when we located the site at the corner of Myrtle Avenue and Hart Street, as it met all their needs; it was and is a perfect fit. The site is centrally located, accessible by public transportation and located within an area served by other social service agencies. While I have heard rumors that other sites are available that meet the needs of this agency, I have not been able to locate them, nor have I been approached by even one of the approximately 4,995 Real Estate Brokers and agents active in Pinellas County; despite knowledge orthe need, not one agent has called to offer an alternative site. I also find it interesting that despite the exposure and the controversy presented in the St. Petersburg Times, RCS has received no calls relating to potential sites. It is common knowledge that PineUas County is 99.9% built out, leaving few choices, if any at all. RCS serves the community in need; can we afford to turn our back when there are no alternatives? If I can be of any assistance, please feel free to c()ntact me. S;DC~ . // ~~ ~~ M~Harris President cc: Ronald Dickman Brian Stanley, Esquire Jamia Austin Gary Brumback Cynthia Tarapani PHONE (727) 797-0888 · FAX (727) 797-4722 · (E-MAIL) realinvest.ments@hurrisandcolnpany.nct ~ 2'd 2 2l. t- - l. 6 l. l. 2 t _ .( _ 1=\ u e d W 0., . 'llI S t ... -I e I-l d ~ T : T n ~ n -h T 1=\ e w 01: ~O. II ww) Nou~no. ~~l~ l6ll~l.OIS:l. 0069.SINO. 9I:~S .IOWUll-IeUMO UJOlSv3l ~d ~:H:~ COOi:lt~19J.V QA:ll:l.l:I~ 3!lVd . . 1. Colonel Donald Faulkner ivisional Commander 1& . ..~ . . . THE SALVATION ARMY Phillip D. Needham Territorial Commander Majors R"y C. and JllCqllelynn M. Johnson COrp.I' Officers Founded in 1865 by William BDoth 16:25 North Belcher Road. Clearwater, Florida 33765 POSt Office Box 8070. Clearwater. Florida 33758-8070 Phone (727) 725-9777 . FAX (727) 725-9749 www.salvationarmyc learw aler.org May 12, 2003 Jane Austin . Religious...Collll11JJl1ity,.SelYicq; 700 Druid Road Clearwater, FL 33756 Dear Ms. Austin, It was a pleasure speaking to you concerning the future home of the food pantry operated by Religious Community Servicels. Your inquiry concerning the possibility of available property at our Druid RoadlHighland Avenue site was presented to the Advisory Board of The Salvation Army today. Following discussion of your inquiry, the Advisory Board recommended The Salvation Army should retain all of the property for future exparision and programs and should not sell any of the property at this time. I'm. sorry this does not help you in your dilemma concerning a new home for the food pantry. Good luck in your continued search. Sincerely, 7~ Paul Bridges Business Administrator Serving (learwaTer ,md Upper Pinel/as CounTY since 1926 2:0 39\;;1d 8r~O:[Ss'ww) NOlmna. rl~l1'gmS3. g69:SINa .li:~S .1~W!1146!I^ea UJ~ISe31 ~d 9HW COO?J6US1V 0A3~, C1~ 3~Vd 5-20-03;12:38 :CIT~ CLERK DEPT. ; 727 .562. 4086 # 2 j e . FilE MAY 2 0 JJnH}:l ,~. IL.UU~p 2260 Costa Rican Drive, #20 Clearwater Florida 33763 May 17,2003 ~~c€ A 114r < IV~D C~4'/4'G 0 16'6'.1 OJ:' clt:~r. ~l11q~~~7" 1E'~ Ms. Carlen Petersen City Clerk Office 112 South Osceola Avenue Clearwater, Florida 33756 Dear Ms. Petersen, We are writing to express our concerns over the recent decision of the Community Development Board to deny Religious Community Services the right to build their Food Pantry at 405 North Myrtle. This location seems to be a perfect place since it is near other services and public transportation. We trust that the Board will reconsider its decision and would appreciate your help in this matter. The Food pantry has been in existence for many years and needs a permanent home. Thank you for your consideration of this request. Sincerely, c~~~~ (Phyllis and Ivan Marsteller) 05-1.9-03 11: 11 F r olll-Ru den MCC_ +8132299128 e T -424 P002/006 F-Z92 .. RUOEN MCCLOSKY 8 MITH SCHUSTER & RUSSELL, RA. AITORNEYS AI LAW J>LS~ .-<1.6 a ~c70~3 ~~ 2700 $UNTRUST FINN~CI^L ClNTRl '101 EAST JACKSON STREET TAMPA, FLORIDA n602-5841 iS1J1222-6&27 FAA: (8131 3104-6'l27 BRV AN.ST ANLEY@RUDEN.COM May 19, 2003 RECEIVED VIA FEDE RAL EXPRESS MhY 1 ~ 2003 City ofCJ~arwater Community Development Board Planning Department 100 Soutb Myrtle Avenue Clearwater. Florida 33756 PLANNING DEPARTMENT CITY OF CLEARWATER Rc: Supplement to Request for Reconsideration and Rehearing of City of Clearwater Community Development Board ("CDB") denial of application by Religious Community Services, Inc., a Flo.rida non-for-profit corporation (4'RCS") for new Food Pantry at 405 N. Myrtle, Clearwater, Florida Case No. FLD 2003-02011 Dear Ladies and Gentlemen: This finn represents ReS. On May 7, 2003, on behalf of RCS, we forwarded a Request for Reconsideration and Rehearing of the CDB's decision of April 15, 2003 to deny ReS's application for approval of the above~referenced site for its new Food Pantry. The purpose ofthis . letter is to provide some additional information and documentation in support of that request. In that regard, you will fInd enclosed copies of correspondence from the Clearwater Housing Authority and the St. Cecilia Catholic Church. The Clearwater Housing Authority was a neighbor of the Res Food Pantry at its previous location on Ewing Avenue, and St. Cecilia Catholic Church is a neighbor of the Food Pantry's present location on Druid Road. A~ these letters indicate, the Food Pantry has not previously caused security or other concerns for its neighbors. These letters also demonstrate that the security and other concerns expressed by members of the CDS and neighboring land and business owners of the proposed new Food Pantry site on Myrtle Avenue are unsubstantiated. In addition, we have enclosed a letter from Marshall Harris, Broker, of Harris & Company, Inc. RCS has utilized Mr. Harris for a number of years to locate properties that may be available for the relocation of its Food Pantry. In fact. Mr. Harris previously assisted ReS with the identification of the present Food Pantry location on Druid Road. Mr. Harris's letter evidences that Res has performed an exhaustive search for available: properties that could be utilized for its Food Pantry and that the Myrtle Avenue site presently under consideration is likely the only available site suitable for this purpose. TPA:276S7Q.l CARACAS -F I. LAUDERDALE I MIAMI- NAPLES' PORT 5T.lUCIE- SARASOTA -5T PETERSBURG' TAllAHASSEE' TAMPA I WEST PALM BEACH 05-19-03 11: 12 From-Ruden MCC14IIJ +8132299128 e T-424 P.003/006 F-292 , City of Clearwater May 19, 2003 Page 2 We would ask that the COB consider the enclosed documentation, in addition to that which was previously submitted to the CDS with. our May 7, 2003 letter and by other supporters of the re]l)Catloll of the ReS Food Pantry to Myrtle Avenue, in connection with ReS's request for a reconsideration and rehearing of the April 15, 2003 decision. In the event that any questions arise with respect to the enclosed or any other documentation previously submitted, those questions may be addressed to the undersigned. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BryM St::~ BZS/jjh Enclosurus cc: Ron Dickman (Via Facsimile) Cynthia Tarapani (Via Facsimile) Ciarry Brumback (Via Facsimile) Emil Pratesi. Esq. (Via Facsimile) J;lmia Austin (Via Facsimile) TPA:27l>S7C):1 CARACt\<i - f r. L,"UDERDALE' MIAMI- N^PLE5' PORT ST. LUCIE ~ 5AF(A50TA. 5,.. PETERSBURG. TALLAHASSEE - TAMP" -WEST PALM ilE^CI1 05-1,9-03 11:13 From-Ruden McCI_ . +8132299128 T-424 Recei ved _U2D03 11; OtAM in 01; OS on line m Tor IZ_9 11' PAGE 111' RCVD AT6t12!200311 :01:28 AM ~astemDa;41ghtTaneJ' SVR:rr' ONlS~6921' CSIO:121W810. DURATlON(mm.lS);01#Cli St. Cecelia Churcb 820 Jasmine Way · Clearwater, Florida 33756-4095 P.005/00e F-292 IlJOl t_ May 9, 2003 City of Clearwater Community Development Board Planning Department 100 South Mvnle Avenue ., Clearwater, Florida 33756 To whom it may concero: As pastor of one of the church communities supporting Religious Community Services. I am hoping that the City of Clearwater will approve a site for a new Food PanllY. Presently, the Pantry is located close to St. Cecelia. Church on Druid Road near Myrtle Avenue. The Food Pantry has been a good neighbor to our church -with volunteers and staff utilizin.g our parking lot whenever necessary. For over a year, this arrangement has proven successful. Never once has there been any kind of problem. Religious Community Services is a great blessing in out' city, and I endorse their p[ans for the future. With every best wish. I am S incerdy, ," l . c~ . Lt. ( cli i;\ pt \tt.C Monsignor Ai n F~~es Pastor C e: Ron Dickman ) amia Austin vBrian Stanley Cynthia Tarapani Garry Brumback Tel~p~otle: 72.7-447-3494 · rax; n7-4424810 · B-mail: CeeeUaB20@aol.eotD 05-.1 9-03 11: 12 From-Ruden MC1lllJY +8132299128 ~ T-424 P.004/00S F-292 May 7, 2003 City of Clearwater Community Development Board 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Relocation of Religious Community Services, Inc. Food Pantry to 405 North Myrtle Avenue, Clearwater, Florida Dear SirIMadam: This letter of support is provided in reference to the Religious Community Services, Inc. Food Pantry, which was previously a lessee of the Clearwater Housing Authority (CHA) at our former administration building located at 210 Ewing Avenue, ClealWater, Florida. The CHA and the Food Pantry were neighbors on Ewing Avenue for many years. During that period, the CHA had a harmonious relationship with the Food Pantry's operations and its clients. The operations of the Food Pantry did not cause concern for the CHA with regard to security issues for our offices, staff or visitors. Our relationship was one of professionalism and mutual respect. The Food Pantry provides a valuable service to its clients within this community. Sincerely, Jacqueline Rivera Executive Director P.01 ,MAY-19-2003 11:44 AlA~~ /~: ~ /~~._- e CITY OF CLEARWATER POST OI'ACE Box 4748, CLWlWATER) FLOR.lDA 33758-4748 CITY HAu, 112 SaurH OSCEOU. AVENIJE, CLEAAWATER, FLORIOA 33756 TELEPHONE (127) 562.4040 FAX (127) 562-4052 CITY MA.NAGER May 19, 2003 Via Fax: (813) 314-6927 Bryan J. Stanley Ruden, McClosky, Smith, Schuster & Russell, P.A. 2700 Suntrust Financial Centre 401 East Jackson Street Tampa, FL 33602-5841 Re: Religious Community Services, Inc. (ReS), Case No. FLD 2003-02011 Relocation of Food Pantry at 405 N. Myrtle A venue, Clearwater, FL Dear Mr. Stanley: You are authorized to share six (6) parking spaces with the City of Clearwater's Parks and Recreation facility parking lot immediately adjacent to the north side of your property at 405 N. Myrtle Avenue, Clearwater, Florida. As a condition of this approval, you must agree that these spaces will be used by staff only and not patrons. Additionally, you must obtain and hold sufficient insurance to hold the City harmless in the event of accident or injury. We will work out a specific contract as soon as possible. Cc: William B. Horne JI, City Manager Kevin Dunbar, Parks & Recreation Director BRIAN J. AUNCST, MAYOR-COMMISSIONER WHITNI!Y GRAY, VICE ~YOR.COMMlSSIONEk HoYT HAMILTON, COMMlSSlONP.R FRANKHII;18i\RD, COMM[SSIONF.~ ".. Du. T~,,^^.. ro.. TOTAL P.01 e HARRIS & COMPANY 3005 STATE ROAD 590, SUITE 200 CLEARWATER, FLORIDA 33759-2539 REAL TORS@ May 14, 2003 City of Clearwater Community Development Board Planning Department 100 S. Myrtle Ave. Clearwater, Florida 33756 RECEIVED RE: Myrtle Avenue & Hart Street site MAY 1 t:i 200] PLANNING CITY OF CP;~ARTMENT LJ\RWATER Dear Board Members: This letter is written at the request of Religious Community Services to dispel any myths that a suitable property other than the property located at the intersection Myrtle and Hart Street can be located for their use. I have handled the real estate matters for RCS for approximately five (5) years. I am a Commercial Real Estate Broker, President of Harris & Company and have 26 years offield experience specializing in commercial real estate. The task of locating a suitable site has resulted in many trials and tribulations. RCS has reviewed approximately 50 properties over the past four (4) years. All sites located in the core area had problems in regard to size, shape, location, and/or lack of public transportation or a suitable building. We felt extremely confident and excited when we located the site at the corner of Myrtle Avenue and Hart Street, as it met all their needs; it was and is a perfect fit. The site is centrally located, accessible by public transportation and located within an area served by other social service agencies. While I have heard rumors that other sites are available that meet the needs ofthis agency, I have not been able to locate them, nor have I been approached by even one of the approximately 4,995 Real Estate Brokers and agents active in Pinellas County; despite knowledge ofthe need, not one agent has called to offer an alternative site. I also find it interesting that despite the exposure and the controversy presented in the St. Petersburg Times, RCS has received no calls relating to potential sites. It is common knowledge that Pinellas County is 99.9% built out, leaving few choices, if any at all. RCS serves the community in need; can we afford to turn our back when there are no alternatives? If I can be of any assistance, please feel free to contact me. 0- cc: Ronald Dickman Brian Stanley, Esquire Jamia Austin Gary Brumback Cynthia Tarapani PHONE (727) 797-0888 · FAX (727) 7974722 · (E-MAIL) realinvestments@harrisandcompany.net e St. Cecelia Church e 820 Jasmine Way · Clearwater, Florida 33756-4095 May 9, 2003 F'" ~U! f>>~ "", "if. J ".Ji:','li .(..... t.= >;'\ ;~? :~.t ~.. ~~ ;-::"";-~ ',::.".- City of Clearwater Community Development Board Planning Department 1 00 South Myrtle Avenue Clearwater, Florida 33756 To whom it may concern: As pastor of one of the church communities supporting Religious Community Services, I am hoping that the City of Clearwater will approve a site for a new Food Pantry. Presently, the Pantry is located close to St. Cecelia Church on Druid Road near Myrtle Avenue. The Food Pantry has been a good neighbor to our church with volunteers and staff utilizing our parking lot whenever necessary. For over a year, this arrangement has proven successful. Never once has there been any kind of problem. Religious Community Services is a great blessing in our city, and I endorse their plans for the future. With every best wish, I am Sincerely, ," (", l It (Q{V\ pi \Qo Monsignor Ai n ~ynes Pastor RECEIVED Cc: Ron Dickman Jamia Austin Brian Stanley Cynthia Tarapani Garry Brumback "illV 1 ., ,. '1! I ; ('11_:' II i i PLANNING DEPARTMENT CITY OF CLEARWATER Telephone: 727-447-3494 . Fax: 727-442-4810 · E-mail: Cecelia820@aol.com 5- 7-03; 14:34 ;CITY CLERK DEPT. e ; 727 S62 408'5 # 2/ 2 e Carlen Petersen CIO City Clerk Office 112 S. Osceola Ave. Clearwater, Fl. 33756 MAY () 7 2003 Dear Ms. Peterson, FILE I have been informed by the city that you are the right person to express my concerns over the recent decision ofthe Community Development Board to deny permitting to RCS to build their Food Pantry at 405 N Myrtle. I want to go on record making it clear that I do not understand this decision. With the other services available in that area of Clearwater it would appear to be a perfect match. I am requesting that whatever processes are necessary to revoke the committee's decision be done. The food pantry needs a permanent home as there will always be people that will need help in providing food for their families. I hope something can be done. I / Sincerely, eL. /. 1, lr:t!~ /) ". / "'~ J. _I.. r . . ? ,V~'_' I" / ) .f ~ 't!/",",.""~.",,,.-j ...( . /t-~ 'C.-c. "''''~r 7/ 5c' t /1 I'" (;{!...~_";?~. ;/.( 3'j It s:- -.---1,) Ie. 1 /c7 d ,./.) /.';:_ ,;?' .6,'.< >~;.<\ RECEIVED MAY U" 2U03 PLANNING DEPARTMENT CITY OF CLEARWATER 11AY-05-2003 09: 54 e tit 2035 Jeffords Street Clearwater, FL 33764 May 1, 2003 CgZP/~s 'I1.11$S1'"Oo Af4r ION DSlt Cl.l:lT. PA~ 1lt(;>> 1(/-4,.8S 1'0 ~1VE:y The Honorable Brian Aungst, Mayor The Honorable Whitney Gray, City Commissioner The Honorable Hoyt Hamilton, City Com~iss1oner The Honorable FraDk Hibbard, City Commissioner The Honorable Bill Johnson. City Commissioner City of Clearwater, Florida . City Hall 112 S. Osceola Avenue Clearwater, FL Dear Mayor and Commissioners: Being a long time resident of the City of Cleawater and a member of the Board of Directors of Religious Community Services, I want to express my concern over the recent decision of the Community Development Board to deny a permit for RCS to build a Food Pantry at 405 N. Myrtle Avenue. I do not understand this decision at all. Res has always taken good care of any property that it owns or rents, and its Food Pantry needs to be located close to downtown and on the bus line in order to be easy for its clients to visit. Most of our clients are hardworking people who have fallen on hard times and there is very little loitering around the building. The Food Pantry is a much needed establishment and serves many families in the City of Clearwater. We would appreciate anything our City Government can do to revoke the Development Boardts decision to deny the permit to build the Food Pantry at 405 N. Myrtle Avenue. Thank you for your consideration. Sincerely, ~9.~ (Mrs. James R. Stewart) cc: ( ,/0'''' ~~fi~:r~~n c~~o~e~~~~:t /0'_4-- .47~..?-</ -r,/O_S~<~~':?'"~ TOTAL P.01 e e p. \ PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart St. and North MYrtle Ave. to build a sociaUpublic food pantry, etc. FLD 2003-02011 Whereas: ~~)~ ri1 f~ r",~ t'-,...... ..' . < ~ L:i " "J F~tiJ~l :; (7 'lot ( 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all our work. It does not belong in the neighborhood. NAME fY) Cv-- (-eN~ S. PfJ1{/ock- J'/)~1.-r~~ /f' # (J.LN)r 1 II P ~ CcA .sf. c( --1;:2,- =3 J1>LI4N a. tlll~ q(( p(jj", ST ljiJ pi.- '3VSS- 4-/e-iJ~ ~ - ...,-- jVdq~/!//15tdby-rA if{):/.. Ji,M5yl(/qlfl~/1?'e..~ fi2:~ ~.~ . ~ f4#"- t;. rv<'-L- 7hl"'/H "'/ tj~ J /II p.p,vJ..,1.-'2....ti1- liT ~. //~'/"/ / '/-/J- ADDRESS S:J- q J L/ ? ( Cl "2-6. DATE LJ~ (~-O/3 LeeB~~ ~j:~~~--~:~~- ,;fc c> g (tAt;! ---- ~~iUl~~3-oTV,~ '331.b!> . nA (J."K- e e f"~ PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart St. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 Whereas: 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all our work. It does not belong in the neighborhood. NAME ~ (!/€.- HP. ~o r Hort;;yt kl ~ ~#~ )e:.!lLPt~Co("\;,,,*\- ~t'--o~ 303 v'~~ '1-/1"31 D3 1J(}Io~y ~E;~kE- (Jd1tJ~, !I~ 3'(/ u/lie7f/J~-.1t-;7j3- ~1W'1 ~ ~Jl1v Ii :)11 ()i'-u&' A(K fit 3 qool!~/4~~~ . ~ec+l w../x; '~V!2.C tftJ7 fl4'z7 sr: . . ~ ~ ~ (JwJo ~ ClW r:v 331)':,'" Lf-(].tf!3 ~rYk t~ ,/DI i/~_ fJl" f " ~ j/J;' 11/ n P15 t:JJi'~ tJ~-vu- ADDRESS DATE gOk VI,;)~ A v-e. , Ar- l.s 10]. <--t - I 'S- o~s q ,- (3 -0-;> e e 625 McLennan Street Clearwater, FL 33756 April 17, 2003 CITY COMMISSION CITY OF CLEARWATER Hand Delivery to City Hall Dear Commissioners: Tuesday afternoon the Community Development Board met from 2 until nearly 7. They were faced with difficult decisions and met the challenge. I watched and taped the entire meeting while at home. I wished that my health would allow me to sit at City Hall and watch the Board members, City Staff and the many concerned citizens right there in the Commission Chambers. I totally support the decisions ofthe Board and appreciate Assistant City Attorney Leslie Dougall-Sides carefully keeping everyone on track. Tremendous amount of preparation was made by staff as well, very professional. cmp has problems and must follow the rules. Folks were there to speak in opposition and will have to come back for the Item in May. There were many people in the Chambers who spoke against having the Food Pantry in their immediate residential neighborhood. They were not smooth-talking professionals, just homeowners who are struggling to raise their neighborhood. RCS seemed to be so sure ofthe Board voting in their favor, they did not send someone who could address the main problem- PARKING. I did not have the Community Development Board Agenda and am going to study the records in the files available at City Hall in the City Clerk's office as well as records at the Municipal Services Building. It will take a little while. Meanwhile I am praising the way the Board Members, Staff and citizens dealt with difficult decisions. (Except, I am not about to say what I think about the motel item.) It would help if you could obtain the VCR tape and take time to watch the Board in action. The Times reporter missed an important meeting. I was tempted to call the Times newsroom for the CHIP and Res items during the meeting but resisted the urge. The motel item-zero comment from Lois. ~.c'/} ~ IJ.VJI L~ Lo. s Cormier RECEIVED APR 1 7 2003 PLANNING DEPARTMENT CITY OF CLEARWATER 05-19-03 11 :11 From-Ruden McClosky tit +8132299128 ~ T-424 P,OO!/006 F-292 RUDEN Mc:OLCJ5KY SMITH SCHUSTER &. RUSSELL, RA. ATTORNEYS AT LAW DATE: l~ROM: FILE NO.: NUMBFR OF PAGES: REC E IVEI;\ SUNTRU5TFIN^NCI",l CI'N'l'RE ~ 401 ~AST JACKSON STREET T^MPA, ~lO~IOA J;iGU:t MAY 1 9 2003 PLANNING DEPARTMENT CITY OF CLEARWATER (613) Z~~.M27 "AX: !613) 314.c)927 lJ7.S@RUDUN,COM FACSIMILE COVER SHEET May 19,2003 Bryan J. Stanley, E$q. 37283-0011 6 (Including this Cover Page) If there are any problems or complications, please notify us immediately at (813) 221-8027. TO: RON DICKMAN CYNTHIA H. TARAP ANI GARRY BRUMBACK EMIL PRATESI, ESQ. JAMIA AUSTIN FAX NO.: FAX NO.: FAX NO.: FAX NO.: FAX NO.: 727-587-7747 727 -562-4865 127-562-4052 727-446-3741 727-443-6874 I COMM €NTS: I date. Thanks! I Please see attached our correspondence with attachments of today's THE INI~OH.MATlON CONTAfNW IN TillS FACSIMILE MESSA'-i!; I~ ATl'ORNf:Y PRIVJLl3GIlD AND CONFIDENTIAl. INFORMA' ION INTENDED ONLY FOR THF. USE Of 'rHf INDIVIDUAL OR ENTITY NAMED A80Vr;:, IF THE READER Of THIS Ml:SSAGE IS NOT THE INTf:ND~D RECII'JENT, YOU ARE HERf:BY NOTIFIED THAT ANY D1SSEMTNATION, DISTRIBUTION Ol~ COt)Y or ll-11S C:OMMlJNICATJON IS STRICTLY P~OHJBITED, IF yOU HAVE RrCllIVED TI-IIS COMMUNICATION TN ERROR, nr::A$E IIIIMEDIATELY NOTIFY lJS BY TELEPHONE (IF LONG DISTANCE, I'LEASB CALL COLLECT) AND RETURN THE ORIGINAL MJ;SSAGE TO US AT TliE ABOVE ADDRESS VIA THE U,S, POSTAL SERVICE, THANK YOU, TPA:27461 ';1 05-19-03 11 :11 From-Ruden MC~ +8132299128 . T-424 P 002/006 F-292 RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. 2700 SUNTRUST fIN^NCI^~ CINTRt ",01 EAST I^CKSON STREET TAMPA. FLORIO^ H602-584, AITORNEYS AI lAW i81Jl z22.6621 FAA: leU) 314-6927 BRY AN.ST ANLEY@RUO~N.COM May 19, 2003 RECEIVED VIA FEDE RAL EXPRESS City of CI ~arwater Community Development Board Plarming Department 100 South Myrtle A venue ClearwatN, Florida 33756 M~Y 1 ~ 2003 PLANNING DEPARTMENT CITY OF CLEARWATER Rc: Supplement to Request for Reconsideration and Rehearing of City of Clearwater Community Development Board ("CDB") denial of application by Religious Community Services, Inc., a Florida non-for-profit corporation C'ReS") for new Food Pantry at 405 N. Myrtle, Clearwater, Florida Case No. FLD 2003-02011 Dear Ladies and Gentlemen: This finn represents ReS. On May 7, 2003, on behalf of ReS, we forwarded a Request for Reconsideration and Rehearing of the CDB's decision of April 15, 2003 to deny ReS's application for approval of the above~referenced site for its new Food Pantry. The purpose ofthis . letter is to provide some additional information and documentation in support of that request. In that regard, you will fmd enclosed copies of correspondence from the Clearwater Housing Authority and the St. Cecilia Catholic Church. The Clearwater Housing Authority was a neighbor of the RCS Food Pantry at its previous location on Ewing Avenue, and St. Cecilia Catholic Church is a neighbor of the Food Pantry' 5 present location on Druid Road. A~ these letters indicate, the Food Pantry has not previously caused security or other concerns for its neighbors. These letters also demonstrate that the security and other concerns expressed by members of the cnB and neighboring land and business owners of the proposed new Food Pantry site on Myrtle Avenue are unsubstantiated. In addition, we have enclosed a letter from Marshall Harris, Broker, of Harris & Company, Inc. ReS has utilized Mr. Harris for a number of years to locate properties that may be available for the relocation of its Food Pantry. In fact, Mr. Harris previously assisted ReS with the identification of the present Food Pantry location on Druid Road. Mr. Harris's letter evidences that Res has performed an exhaustive search for availabl~ properties that could be utilized for its Food Pantry and that the Myrtle Avenue site presently under consideration is likely tht.' only available site suitable for this purpose. TPA:276570.1 CARACAS.F I. LAUDERDALE I MIAMI- NAPLES - PORT 5T.LUCIE - SARASOTA-ST. PETERSBURG -lo\LLAHASSEE - TAMPA IWEST PALM 6E,l,CH J5-19-03 11: 12 Fro~-Rudln McClosky It +8132299128 . T-424 P.003/006 F-292 City of Clearwater May 19, :::003 Page 2 We would ask that the CnB consider the enclosed docwnentation, in addition to that which was previously submitted to the CDB with our May 7, 2003 letter and by other supporters of the reh}cation of the ReS Food Pantry to Myrtle Avenue, in connection with ReS' $ request for a reconsideration and rehearing of the April 15, 2003 decision. In the event that any questions arise with respect to the enclosed or any other docwnentation previously submitted, those questions may be addressed to the undersigned. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Brym . St:~ BZS/jjh Enclosurus cc: Ron Dickman (Via Facsimile) Cynthia Tarapani (Via Facsimile) Carry Brumback (Via Facsimile) Emil Pratesi, Esq. (Via Facsimile) JlImia Austin (Via Facsimile) TPA:27&57(I:' CARAC~$. f r. l,'lUDERDALE' MIAMI- N^PLES' PORT 5T.LUCIE. SArtASOTA. ST. PETERSBURG. TALLAHASseE. TAMP... -WEST P^LM BEt\CI1 05-19-03 11 :13 From-Ruden McClosky +8132299128. T-424 Rete, /ZD03 t1:0tAM in 01;08 on line m for B 9 '11 PAGE 111' ROO AT 6112!Z00311:01:2S AM ~aiem. SVR:l7' DNlS:6927, CSIO:127W810. DlJRATION(mm.lSI:Ol~ch St. Cecelia Churcb 820 Jasmine Way · Clearwater, Florida 33756-4095 P.005/00S F-292 ~Ol May 9, 2003 City of Clearv.rater Community Development Board Planning Department 100 South Myrtle A venue Clearw~ter~ FloridJ133756 To whom it may concern: As pastor of one of the church communities supporting Religious Community Services. I am hoping that the City of Clearwater will approve a site for a new Food Pantry. Presently, the Pantry is located close to St. Cecelia. Church on Druid Road near Myrtle A venue. The Food Pantry has been a good neighbor to our churc:h"With volun.teers and staff utilizin~ our parking lot whenever necessary. For ove!' a year, this arrangement has proven successful. Never once has there been any kind of problem. Religious Community Services is a great blessing in our city, and I endorse their plans for the future. With every best wish. I am S incerdy, ," l . Cr ' Lt. ( ell. iA Pt \.tt.4 Monsignor Ai n F~yneS Pastor Cc:: Ron Dickman ) amia Austin vBrian Stanley Cynthia Tarapani Garry Brumback nlef'bo~~ 7Z7-447-3494 · Fax; 'n7-44Z..41110 · ~-mail: Cr;ecUaB20@aol.eom 05-19-03 11: 1Z From-Rudin MCC~ T-4Z4 P.004/00e F-Z9Z +813ZZ99128 . May 7, 2003 City of Clearwater Community Development Board 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Relocation of Religious Community Services, Inc. Food Pantry to 405 North Myrtle Avenue, Clearwater, Florida Dear Sir/Madam: This letter of support is provided in reference to the Religious Community Services, Inc. Food Pantry, which was previously a lessee of the Clearwater Housing Authority (CHA) at our former administration building located at 210 Ewing Avenue, Clearwater, Florida. The CHA and the Food Pantry were neighbors on Ewing Avenue for many years. During that period, the CHA had a harmonious relationship with the Food Pantry's operations and its clients. The operations of the Food Pantry did not cause concern for the CHA with regard to security issues for our offices, staff or visitors. Our relationship was one of professionalism and mutual respect. The Food Pantry provides a valuable service to its clients within this community. Sincerely, Jacqueline Rivera Executive Director MRY-19-2003 11:44 /0: ~ /~ . P.01 CITY OF CLEARWATER POST Omeli Box 4748, CLEAAWATER) FLOR.lOA 33758.4748 CITY HAu, 112 Soum OSCEOLA AVENUE, C~ATIlR, FLORIOA 33756 TELEPI:IONE (727) 562.4040 FAX (727) 562-4052 CITY MA."1ACER May 19, 2003 Via Fax: (813) 314-6927 Bryan J. Stanley Ruden~ McClosky, Smith, Schuster & Russell, P.A. 2700 Suntrust Financial Centre 401 East Jackson Street Tampa, FL 33602.5841 Re: Religious Community Services, Inc. (ReS), Case No. FLD 2003-02011 Relocation of Food Pantry at 405 N. Myrtle Avenue, Clearwater, FL Dear Mr. Stanley: You are authorized to share six (6) parking spaces with the City of Clearwater's Parks and Recreation facility parking lot immediately adjacent to the nonh side of your propeny at 405 N. Myrtle A \"eDue, Clearwater, Florida. As a condition of this approval, you must agree that these spaces will be used by staff only and not patrons. Additionally, you must Obtain and hold sufficient insurance to hold the City harmless in the event of accident or injury. We will work out a specific COntract as soon as possible. Cc: William B. Horne H, City Manager Kevin Dunbar, Parks &. Recreation Director BRlf,N J. AUNCST, MAvOR-COMMISSIONI:R Wr!lTNI:."v GRAY, VICE !'1AYOR,COMM1SSI0NEk HOYT HAMILTON, COMMISS10NF.R FRANK Hll!BNID, COMMISSIONF.R ".. D... T ~"^ ^.. ,.. _ . TOTRL P.01 HARRIS & COMPANY 3005 STATE ROAD 590, SUITE 200 CLEARWATER, FLORIDA 83759-2539 REAL TORS@ May 14, 2003 City of Clearwater Community Development Board Planning Department 100 S. Myrtle Ave. Clearwater, Florida 33756 RECEIVED ~: My~le Avenue & Hart Street site MAY 1 tj 200J PLANNING 0 CITY OF CL !~ARTMENT ~RWATER Dear Board Members: This letter is written at the request of Religious Community Services to dispel any myths that a suitable property other than the property located at the intersection Myrtle and Hart Street can be located for their use. I have handled the real estate matters for RCS for approximately five (5) years. I am a Commercial Real Estate Broker, President of Harris & Company and have 26 years offield experience specializing in commercial real estate. The task of locating a suitable site has resulted in many trials and tribulations. RCS has reviewed approximately 50 properties over the past four (4) years. All sites located in the core area had problems in regard to size, shape, location, and/or lack of public transportation or a suitable building. We felt extremely confident and excited when we located the site at the corner of Myrtle Avenue and Hart Street, as it met all their needs; it was and is a perfect fit. The site is centrally located, accessible by public transportation and located within an area served by other social service agencies. While I have heard rumors that other sites are available that meet the needs ofthis agency, I have not been able to locate them, nor have I been approached by even one of the approximately 4,995 Real Estate Brokers and agents active in Pinellas County; despite knowledge ofthe need, not one agent has called to offer an alternative site. I also find it interesting that despite the exposure and the controversy presented in the St. Petersburg Times, RCS has received no calls relating to potential sites. It is common knowledge that Pinellas County is 99.9% built out, leaving few choices, if any at all. RCS serves the community in need; can we afford to turn our back when there are no alternatives? In can be of any assistance, please feel free to contact me. VJ ~- cc: Ronald Dickman Brian Stanley, Esquire Jamia Austin Gary Brumback Cynthia Tarapani PHONE (727) 797-0888 · FAX (727) 797-4722 · (E-MAIL) realinvestments@harrisandcompany.net e St. Cecelia Church e 820 Jasmine Way · Clearwater, Florida 33756-4095 May 9, 2003 F' 6l\'! E . ~,t" . . >1;,.;'1;..: . .,''!:lM t,. ~r ~ ~ '" " .. (~",~ City of Clearwater Community Development Board Planning Department 1 00 South Myrtle Avenue Clearwater, Florida 33756 To whom it may concern: As pastor of one of the church communities supporting Religious Community Services, I am hoping that the City of Clearwater will approve a site for a new Food Pantry. Presently, the Pantry is located close to St. Cecelia Church on Druid Road near Myrtle A venue. The Food Pantry has been a good neighbor to our church with volunteers and staff utilizing our parking lot whenever necessary. For over a year, this arrangement has proven successful. Never once has there been any kind of problem. Religious Community Services is a great blessing in our city, and I endorse their plans for the future. With every best wish, I am Sincerely, t\ (" 1 It (Q{\;\ p' \{M Monsignor Ai n ~ynes Pastor Cc: Ron Dickman J amia Austin Brian Stanley Cynthia T arapani Garry Brumback RECEIVED rV;At 1. /1, j!IIH PLANNING DEPARTMENT CITY OF CLEARWATER Telephone: 727-447-3494 · Fax: 727-442-4810 · E-mail: Cecelia820@aoLcom 15>_ 7-n?; 14:?,4 -"TY CI_EPk CEPT. ; 727 sr:-. 2 4C'.8::: # 2" ,,_ 'J e e Carlen Petersen C/O City Clerk Offi~e 112 S. Osceola Ave. Clearwater, Fl. 33756 MAY 072003 Dear Ms. Peterson, FILE I have been informed by the city that you are the right person to express my concerns over the recent decision of the Community Development Board to deny permitting to RCS to build their Food Pantry at 405 N Myrtle. I want to go on record making it clear that I do not understand this decision. With the other services available in that area of Clearwater it would appear to be a perfect match. I am requesting that whatever processes are necessary to revoke the committee's decision be done. The food pantry needs a permanent home as there will always be people that will need help in providing food for their families. I hope something ~an be done. ! / Sincerely, ;;~ / ) /~ .t/ (.- /;~/J:'-f- r::r \ I' ~ . ./. ), 1J6--,,,,~ ~-n-/",,-j /&C 'C'"......f ~/. 5~"') t " " -- (.;{:,~~._'i?~. /.( 3"j 7e:. ~ ~'~ L ,cd-. /?')L.H/~""'S RECEIVED MAY V'I LU03 PLANNING DEPARTMENT CITY OF CLEARWATER 11AY-05-2003 09: 54 e e 2035 Jeffords Street Clearwater, FL 33764 May 1, 2003 Co COIv1,'/:>/~S 'II4/Ss "'0. M4r 10J.; OS;, Cf.~/:i Plt~ ~ 1(/"1,.0909 ""0 ~tvS',... The Honorable Brian Aungstt Mayor The Honorable Whitney Gray, City Commissioner The Honorable Hoyt Hamiltont City Commissioner The Honorable Frank HibbardJ City Commissioner The Honorable Bill Johnson. City Commissioner City of ClearwateIt Florida City Hall 112 S. Osceola Avenue Clearwater, FL Dear Mayor and Commissioners: Being a long time resident of the City of Cleawater and a member of the Board of Directors of Religious Community Services, I want to express my concern over the recent decision of the Community Development Board to deny a permit for RCS to build a Food Pantry at 405 N. Myrtle Avenue. I do not understand this decision at all. RCS has always taken good care of any property that it owns or rents, and its Food Pantry needs to be located close to downtown and on the bus line in order to be easy for its clients to visit. Most of our clients are hardworking people who have fallen on hard times and there is very little loitering around t.he building. The Food Pantry is a much needed establishment and serves many families in the City of Clearwater. We would appreciate anything our City Government can do to revoke the Development Board's decision to deny the permit to build the Food Pantry at 405 N. Myrtle Avenue. Thank you for your consideration. SincerelYt ~G?~ (Mrs. James R. Stewart) cc: ~~fi~:r~~n c~~~e~~~~j-, /-A__:J-.. 41a<'I--.r:/~~',~-;/~o<.~ TOTAL P.01 . . p, \ 't PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart St. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 Whereas: '~'/! I'll r... r-~ l< . , FLtI}lC;61= Olol( 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all our work. It does not belong in the neighborhood. NAME IY\ Qrl-eN~ S. PfA{/OL{L vrn~ 9' ~eh-~ /!; 'cffi- (?~>~y &(11 Pic.. cv- s/ V -/:2--=3 ;t>L/4N a, Ij,,~ qll jJej).; 5T UIJ pc.. '3vP- 4-/2-<1.':> ~ - ...,- jlJd<"( ~/;,'115 [.do YI h lff)~ )f,;?P?5y!f/q.if';" /l1/e.. r(~fiJ~ -4 ._~ b/.v<'L- 7hrwf&'/ 7"~] AI fJ,,v,vJ,,I.-'l,,,'i1- iflie-, . . //tfr7//.-U //~-" / / C/-/ ]-(. ADDRESS ("~ q I L/ fJ I (;t 2-6. 0 DATE LJ~ (d--O;~ R._--------.--~------------- --..-.-- C/ 1")I:"o~~'~-'-- Lee E rd-+, Jh;< 1 N f'I;yt-1 <- Ave. ~:j; G/ ;j (& II ~iU\ 'B,~3-6rV,~ . ___ _...1 t n r.. /">VY\IlA- ~ 33 75".5 331E.S- "\ . . f '2. . I 1f I PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart St. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 Whereas: 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we-have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all oUf work. It does not belong in the neighborhood. NAME ADDRESS ~t/ JI~ Joe DATE '0P;3 IJ 6~~ \ t!4tZtJ (... t.~ 8,,)/;?S' ~4 WoJlv! ----- ~je \0. E\;CfY~ ~G~- (j;t{;{ ~~ ----.. . . -j ,5{{1JfJ AA-1+IfW Ll.-~ ~~ _._------_.._._-------"--~ ~DG \J in-e Av--e. ~1)3)O) CUJOj)(c.?Q sf. Lf-I,3-0 -s -- q (j cf PC <1 za- Sf ef - ( 3 -03 q~g P LAZ/~ S-r t--! r (S /- 2) :s . . f<~ PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart S1. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 Whereas: 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all our work. It does not belong in the neighborhood. J:x>>lree wect-l Wke; ~(.A'G( ~_ &-L (L~ ~ fYk i~ ~Dl V~Lvf_ l'lr.'~ ill/finS; NAME J-hJ Q-.~ ~ ~o r Ho rL u lit l<:l ~ ~#~ 1EJlk-A~Co'-\;,-d-'\- ~'--O~ 3c!3 v'V>uL~ 4- / 13) 03 1J(]Io~A y ~EirJkE ()oZt!~, tI-~ 3'11 {)llte~--1/--:;F3------ ~IlU'h ~4J~ ;L :)(1 (){~&'1()c 1/13/ 4 DO ~/4tX r ~.~_, tfO'7 ~., sr: . CL- to {:"" J 315;5,/ if - /J -6!J ADDRESS DATE 3o~ VI ne" A \l'e... . Ar- I-s 103 "]/.U- - ~ - I "S- o"'s "-:} .- (3 -O""J ---...-'~ . . pol{ PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart S1. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 Whereas: 1. The homeowners of the Drew Park and sUITOlmding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to oUf area on a daily basis and undo all our work. It does not belong in the neighborhood. NAME rKoJ6Jfo 11/ G("Ltf.karf)~ ~ f-oC;C? !3a n Ha r:l-I~ ADDRESS DATE if/f 3/0? 301j },{ ke- /I Ver Cleav~LJc:"der) FL, ~3'7S-S ~ -- - e 625 McLennan Street Clearwater, FL 33756 April 17, 2003 CITY COMMISSION CITY OF CLEARWATER Hand Delivery to City Hall Dear Commissioners: Tuesday afternoon the Community Development Board met from 2 until nearly 7. They were faced with difficult decisions and met the challenge. I watched and taped the entire meeting while at home. I wished that my health would allow me to sit at City Hall and watch the Board members, City Staff and the many concerned citizens right there in the Commission Chambers. I totally support the decisions of the Board and appreciate Assistant City Attorney Leslie Dougall-Sides carefully keeping everyone on track. Tremendous amount of preparation was made by staff as well, very professional. CliP has problems and must follow the rules. Folks were there to speak in opposition and will have to come back for the Item in May. There were many people in the Chambers who spoke against having the Food Pantry in their immediate residential neighborhood. They were not smooth-talking professionals, just homeowners who are struggling to raise their neighborhood. RCS seemed to be so sure ofthe Board voting in their favor, they did not send someone who could address the main problem- PARKING. I did not have the Community Development Board Agenda and am going to study the records in the files available at City Hall in the City Clerk's office as well as records at the Municipal Services Building. It will take a little while. Meanwhile I am praising the way the Board Members, Staff and citizens dealt with difficult decisions. (Except, I am not about to say what I think about the motel item.) It would help if you could obtain the VCR tape and take time to watch the Board in action. The Times reporter missed an important meeting. I was tempted to call the Times newsroom for the CliP and RCS items during the meeting but resisted the urge. The motel item-zero comment from Lois. .--sinC~{?~ Lri~~~r RECEIVED APR 1 7 2003 PLANNING DEPARTMENT CITY OF CLEARWATER 5- 7-03; 14:34 ;CIT'( CLERK DEpT ; 727 -562 40~',E, # ~/ L , e tit - () City of Clearwater, Florida Official Records and Legislative Services Department Phone (727) 562-4090 Fax (727) 562-4086 ~ Clearwater FAX MESSAGE TO: Angel LOCATION: Planning FAX NO.: 4865 COMMENTS: Letter to Carlen Petersen. CDB re RCS case FROM: Lois Norman, (727-562-4091) DATE: 517/2003 NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 2 RECEIVED MAY 01 2003 PLANNING DEPARTMENT CITY OF CLEARWATER e e CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, April 15, 2003, beginning at 2:00 p.m., in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, to consider the following requests: NOTE: All persons wishinl! to address an item need to be present at the BEGINNING of the meetinl!. Those cases that are not contested by the applicant. staff. neil!hborinl! property owners. etc. will be placed on a consent al!enda and approved by a sinl!le vote at the bel!inninl! of the meetinl!. 1. City of Clearwater and Florida Power Corp. are requesting a flexible development approval, as a revision to a previously approved Comprehensive Infill Redevelopment Project (FLD2002-07021), to increase the permitted height of a building (scoreboard) from 30 ft to 70 ft, under the provisions of Section 2-704.B and 2-1404.A, and a Comprehensive Sign Program to increase the number and area of freestanding signage from one sign of 64 sq ft to 26 signs totaling 441.5 sq ft and to increase the number and area of attached signage from one sign of 24 sq ft to 7 signs totaling 604.07 sq ft, under the provisions of Section 3-1202.G (Proposed Use: A new building to house a scoreboard and a sign program for the Community Sports Complex and Phillies Spring Training Facility) at 601 Old Coachman Rd., Sec. 07-29-16, M&B's 41.01 & 43.01 and Clearwater Collection 2nd Replat, Lot 1 less rd right of way on E. FLD 2002-07021A & SGN 2002-01002 2. Menna - Pinellas. LLC are requesting a flexible development approval for an overnight accommodation establishment with a reduction of the front (east) setback from 25 ft to 12 ft (to pavement), a reduction of the front (south) setback from 25 ft to 15 ft (to pavement), a reduction of the side (west) setback from 10 ft to 5 ft (to pavement), and a reduction of side (north) setback from 10 ft to zero ft (to pavement), an increase in building height from 25 ft to 59 ft and to allow direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C (Proposed Use: The demolition of an existing restaurant and the construction of a 78-room hotel) at 20780 U.S. 19 N., Sec. 18-29-16, M&B 14.122. FLD 2003-02009 3. Happy-Go-Lucky. Inc. are requesting a flexible development approval for an existing overnight accommodation use with a reduction of the required lot width along U.S. 19 from 200 ft to 100 ft, reductions of the side (south) setback from 10 ft to zero ft (to existing and proposed pavement), a reduction of the rear (west) setback from 20 ft to 6.3 ft (to existing pavement) and to allow direct access (existing) to a major arterial street, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.K (Proposed Use: An existing, 86-room overnight accommodation use on a reconfigured lot [related to FLD2003-02009]) at 20788 U.S. 19 N., Sec. 18-29-16, M&B 14.121. FLD 2003-02008 4. Clearwater Homeless Intervention Proiect. Inc. are requesting a flexible development approval for a residential shelter for 10 residents in 8 dwelling units with a reduction of the front (north) setback from 25 ft to 21 ft (to building), a reduction of the side (west) setback from 10 ft to 5 ft (to pavement), reductions of the rear (south) setback from 20 ft to 5 ft (to building) and from 20 ft to zero ft (to pavement) and a reduction of required parking from 5 spaces to 4 spaces, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a Comprehensive Landscape Program, with reductions of landscape buffer widths along the west property line from 10 ft to 5 ft and along the south property line from 10 ft to zero ft, under the provisions of Section 3-1202.G (Proposed Use: An 8 dwelling unit (10 residents) transitional housing project) at 1353 & 1357 Park St., Overbrook Sub., Blk 6, Lots 3-6. FLD 2003-02010 5. McDowell Holdinl!s. Inc. are requesting a flexible development approval to permit offices with a reduction in the front (north) setback from 25 ft to 17 ft (to pavement and building), a reduction in the side (east) setback from 20 ft to 10 ft (to building), a reduction in the side (west) setback from 20 ft to 7 ft (to pavement) and a reduction in the rear (south) setback from 20 ft to 11 ft (to building) and from 20 ft to 3 ft (to dumpster enclosure), as part of a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1004.B, and a reduction in the landscape buffer along the rear (south) property line from 12 ft to 3 ft, as part of a Comprehensive Landscape e e Program, under the provisions of Section 3-1202.G (Proposed Use: A 2,789 sq ft office building) at 1459 Court St., Breeze Hill, Blk A, Lots 5 & 6. FLD 2003-01002 6. Clearwater Retail Group. Ltd. are requesting a flexible development approval modifying a portion of the Development Order (condition 6) approving the flexible development application (case FLD 02-02-06) which requires that freestanding signs be limited to a single, unified monument-style sign along South Missouri Ave. and a single, unified monument-style sign along Druid Rd., as part of a Comprehensive Sign Program, under the provisions of Section 3-1807 (Proposed Use: a Comprehensive Sign Program with 5 freestanding, monument signs and 8 attached signs) at 810 S. Missouri Ave., Clearwater Retail, Lots 7-10. FLD 02-02-06A & SGN 2003-02009 7. Briehtwater Cove Townhomes. LLC are requesting a flexible development approval for attached dwellings within the Tourist District with reductions of the side (east and west) setbacks from 10 ft to 7 ft and 6 ft, respectively, (to building), reduction in the rear (north) setback from 20 ft to zero ft (to pavement) and 13 ft (to pool) and to permit parking that is designed to back into the public right-of-way, as a Comprehensive Infill Redevelopment Project. under the provisions of Section 2-803.C and Preliminary Plat approval for nine townhomes lots at 130 Briehtwater Dr., Bayside Sub. No.2, Lots 50-52. FLD 2003-02007 8. Relieious Community Services. Inc. are requesting a flexible development approval to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart St. from 25 ft to 15 ft (to building), side (east and north) setbacks from 10 ft to 5 ft (to pavement) and a reduction in the required number of parking spaces from 58 spaces (4 spaces per 1,000 sq ft of gross floor area) to 31 spaces (2.15 spaces per 1,000 sq ft of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 ft to 5 ft, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G (Proposed Use: a 2 story, 12,592 sq ft social/public service agency [food pantry]) at 405 N. Mvrtle Ave., Bon Air, Blk A, Lots 1-4 less rd and Drew Park, Lots 36-40 & 3 ft of vac Drew Court on W. less N 7.5 ft of the W 40 ft. FLD 2003-02011 9. Florida Middle Properties. Inc. (Michael Hughley, President) are requesting an appeal of an administrative interpretation of the Community Development Code and decision by an administrative official (Community Development Coordinator) that: the use of the site as an automobile service station, has been out of business for more that 6 months, requiring approval through the Flexible Standard Development Process, under the appeal provisions of Section 4-501 of the Community Development Code at 1445 S. Missouri Ave., Sail's 2nd Addition, Blk A, Lots 1 & 2 less rd. APP 2003-00001 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearings. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756, or call 562-4567. Lisa Fierce Planning Department Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. . e YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLA TIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECQRDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562- 4090. Ad: 03/30/03 "';'.~4:<<~~~44)r't'\~~,(, '\"-.-.,,...:~,~, ".;.,~"t(ll-"\!.I.:'II."~I'#lf(I:,:,,~ ~ "' -r.:..:.'....~., '-- View looking northeast I .;,1< .. ' i ,.._~ ,/tt',,- ,~ View looking northeast from south side of site View looking north from southeast comer of site 405 North Myrtle Avenue FLD2002-020 11 View looking southeast View looking north View looking north View looking northeast ~ ~ View looking northeast from south side of site ~~....- ,:':$",~ :....,,--...."~'..i-~--- ';Z-~~,,~:;.-,- View looking north from southeast comer of site 405 North Myrtle Avenue FLD2002-020] I View looking southeast View looking north View looking north ~ c::o;bh C((J~ ~ h~~- S'/ ~ ..., . . . . ... . .. . . I: . . . . .. o · · . 'DTew Street ~~ I ml field Visit Map Owner. I Religious Community Services. Inc. I Case: FLD2003-o20 11 Property Size (Acres) : Site: 405 North Myrtle Avenue 0.98 PIN: 10-29-15-10044-001-0010 I Atlas Page: 1278A . . RECEIVED RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. MW 2 n 2003 2700 SUNTRUST FINANCIAL CENTRE 401 EAST JACKSON STREET TAMPA, FLORIDA 33602-5841 PLANNING DEPARTMENT CITY OF CLEARWATER ATTORNEYS AT LAW (813) 222-6627 FAX: (813) 314-6927 BRY AN.ST ANLEY@RUDEN.COM May 19,2003 VIA FEDERAL EXPRESS City of Clearwater Community Development Board Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Supplement to Request for Reconsideration and Rehearing of City of Clearwater Community Development Board ("CDB") denial of application by Religious Community Services, Inc., a Florida non-for-profit corporation ("ReS") for new Food Pantry at 405 N. Myrtle, Clearwater, Florida Case No. FLD 2003-02011 Dear Ladies and Gentlemen: This firm represents RCS. On May 7, 2003, on behalf of RCS, we forwarded a Request for Reconsideration and Rehearing of the CDB's decision of April 15, 2003 to deny RCS's application for approval of the above-referenced site for its new Food Pantry. The purpose of this letter is to provide some additional information and documentation in support of that request. In that regard, you will find enclosed copies of correspondence from the Clearwater Housing Authority, Partners in Self Sufficiency and the St. Cecilia Catholic Church. The Clearwater Housing Authority and Partners in Self Sufficiency were neighbors of the ReS Food Pantry at its previous location on Ewing Avenue, and St. Cecilia Catholic Church is a neighbor of the Food Pantry's present location on Druid Road. As these letters indicate, the Food Pantry and its clients, in particular, have not previously _ caused security or other concerns for the Food Pantry's neighbors. These letters also demonstrate that the security and other concerns expressed by members of the CDB and neighboring land and business owners of the proposed new Food Pantry site on Myrtle Avenue are unsubstantiated. We have also enclosed a letter of even date from Gary Brumback, Assistant City Manager of the City of Clearwater. Mr. Brumback's letter confirms that the City has agreed to permit RCS' Food Pantry to utilize six (6) parking spaces immediately to the north of the proposed new Food Pantry location. As we related previously, RCS has increased the number of on-site parking spaces to thirty eight (38). With these additional spaces for Food Pantry employees, the City's parking requirements are met. TPA:276570:1 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA · WEST PALM BEACH . . City of Clearwater May 19, 2003 Page 2 In addition, we have enclosed a letter from Marshall Harris, Broker, of Harris & Company, Inc. RCS has utilized Mr. Harris for a number of years to locate properties that may be available for the relocation of its Food Pantry. In fact, Mr. Harris previously assisted RCS with the identification of the present Food Pantry location on Druid Road. Mr. Harris's letter evidences that RCS has performed an exhaustive search for available properties that could be utilized for its Food Pantry and that the Myrtle Avenue site presently under consideration is likely the only available site suitable for this purpose. In this regard, RCS has approached The Salvation Army about its newer location at the Highland A venue/Druid Road intersection. We heard that there may be some space available for the Food Pantry at that location and wanted to explore that as an alternative to the Myrtle A venue site. Our final enclosure is a letter from The Salvation Army's Business Administrator advising that The Salvation Army's Advisory Board has recommended that they not entertain the prospect of conveying any of The Salvation Army's property to RCS. We would ask that the CDB consider the enclosed documentation, in addition to that which was previously submitted to the CDB with our May 7, 2003 letter and by other supporters of the relocation of the RCS Food Pantry to Myrtle Avenue, in connection with RCS's request for a reconsideration and rehearing of the April 15, 2003 decision. In the event that any questions arise with respect to the enclosed or any other documentation previously submitted, those questions may be addressed to the undersigned. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BZS/jjh Enclosures cc: Ron Dickman (Via Facsimile) Cynthia Tarapani (Via Facsimile) Garry Brumback (Via Facsimile) Emil Pratesi, Esq. (Via Facsimile) lamia Austin (Via Facsimile) TPA:276570:1 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA .WEST PALM BEACH . . May 7, 2003 City of Clearwater Community Development Board 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Relocation of Religious Community Services, Inc. Food Pantry to 405 North Myrtle Avenue, Clearwater, Florida Dear Sir/Madam: This letter of support is provided in reference to the Religious Community Services, Inc. Food Pantry, which was previously a lessee of the Clearwater Housing Authority (CHA) at our former administration building located at 210 Ewing Avenue, Clearwater, Florida. The CHA and the Food Pantry were neighbors on Ewing Avenue for many years. During that period, the CHA had a harmonious relationship with the Food Pantry's operations and its clients. The operations of the Food Pantry did not cause concern for the CHA with regard to security issues for our offices, staff or visitors. Our relationship was one of professionalism and mutual respect. The Food Pantry provides a valuable service to its clients within this community. Sincerely, Jacqueline Rivera Executive Director . . PSS D~rtners in Self.Suffioency :2960 T anglewood Drive, Buildinq H Clearwater. Florida 33759 (727) 726-6965 . fa", (727) 726-0998 e-mail: psuffici@fampabaIJ...I..com WWoN. f>>scl~ I'WCltel'.com May 9, 2003 City of Clearwater Development Review Soard 100 S. Myrtte.Avenue . Clearwater. FL 33756. Dear Ladies and Gentl!8man: This letter is In reference to the ReS Food Pantry. Partners in Self-SuffICiency resided in the same building as the food pantry for over ten years. at 210 Ewing Avenue in Clearwater. During that time we never had any problems with the organization, their staff or clients. The food pantry is a n,ected service in Clearwater. Many hard working families rely on their nutritious food to supplement the family's regular food budget. Further, our agency never had any problems with any of the clients who utilized the service. The clients are respectful of the agency and always appeared to be appreciative of the help. If you have any questl~ns. please do not hesitate to contact me at 726-6965. SytVla Costello Executive Director EI2I 39'ii'd er~O:(ss'wwl N011~no . rL89t~m:OIS~. LZ69:SINO, n:Hi\S, I;W!1146!~O w;\S131 ~d 9m:Z~ tOOZl6~IS lV OAJ~ ,at 39Vd Received 0~2003 11:01AM in 01:08 on line [7] for BZ~9 1/1 PAGE 111' ROO AT 5/12nOO311 :01 :28 AM [Eastem DayiightTlI11ej' SVR:I7' DNIS:6927' CSlD:727~24810' DURATION (mm.ss):01$Ch St. Cecelia Church 820 Jasmine Way · Clearwater. Florida 33756-4095 ~Ol May 9,2003 City of Clearwater Community Development Board Planning Department 100 South Myrtle Avenue Cle3IWater, Florida 33756 To whom it may concern: As pastor of one of the church communities supporting Religious Community Services, I am hoping that the City of Clearwater will approve a site for a new Food Pantry. Presently, the Pantry is located close to St. Cecelia Church on Druid Road. near Myrtle Avenue. The Food Pan1Iy has been a good neighbor to our church with volunteers and staff utilizing our parking lot whenever necessary. For over a year, this arrangement has proven successful. Never once has there been any kind of problem. Religious Community Services is a great blessing in OUT city, and I endorse their pLans for the future. With every best wish, I am Sincerely, ," 1 .;[ . u. ( ui. LA p I \.UA Monsignor Ai n ~ynes Pastor Cc: Ron Dickman lamia Austin VBrian Stanley Cynthia T aTapani Garry Brumback Telephone: 727-447-3494 · Fax; 727-4424810 . E-mail: Cecelia820@aol.com . . Received 05/19/2003 11:23AM in 00:46 on line [7] for BZS * Pg 1/1 PAGE 1/1' RCVU AT 5119~OO311 :23:41 AM [Eastern DayjightTimel' SVR:I7' DNIS:6927' CSID:' DURATION (mm.ssj:0046 P.01 CITY OF CLEARWATER POST Office Box 4748, CLEARWATER, FLORIDA 33758-4748 em HAll., 112 Sourn OSCEOrA AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (27) 562-4040 PAX (727) 562.4052 em MANAGER May 19,2003 Via Fax: (813) 314-6927 Bryan J. Stanley Ruden, McClosky, Smith. Schuster Be Russell, P.A. 2700 Suntrust Financial Centre 401 East Jackson Street Tampa, FL 33602-5841 Re: Religious Community Services, Inc. (ReS), Case No. FLD 2003~0201l Relocation of Food Pantry at 405 N. Myrtle Avenue, Clearwater, FL Dear Mr. Stanley: You are authorized to share six (6) parking spaces with the City of Clearwater's Parks and Recreation facility parking lot immediately adjacent to the north side of your property ~t 405 N. Myrtle Avenue, Clearwater, Florida. As a condition of this approval, you must agree that these spaces will be used by staff only and not patrons. Additionally, you must obtain and hold sufficient insurance to hold the City harmless in the event of accident or injury. We will work out a specific contract as SOOn as possible. Cc: William B. Horne II, City Manager Kevin Dunbar, Parks & Recreation Director aR~]. AUNGST, MA"{O~-COMM15SI0N!;K WHITNEY GKAY, VICIl MAYOIt,COMMISSIONI!R HoY!' HAMILTl;lN, COMMISSIONER FRANK HIBI!ARJ), CoMMlSSJONI!K Lb. BILL JONSON. COMMI~SIOH"k TOTAL P.01 . . r '" HARRIS & COMPANY :~OO,5 STA.TE ROAD .59U, SUITE 200 CLEilRlVATER. FLORIDA 337.59-2539 REAL TOAScs May 14, 2003 City of Clearwater Community Development Board Planning Department tOO S. Myrtle Ave. Clearwater, Florida 33756 RE: Myrtle Avenue & Hart Street site Dear Board Members: This letter is written at the request of Religious Community Services to dispel any myths that a suitable property other than the property located at the intersection Myrtle and Hart Street can be located (or their use. I have handled the real estate matters for RCS for approximately fIVe (5) years. I am a Commercial Real Estate Broker, President of Harris & Company and have 26 years offield experience specializing in commercial real estate. The task of locating a suitable site has resulted in many trials and tribulations. RCS has reviewed approximately 50 properties over the past four (4) )'ears. All sites located in the core area had problems in regard to size, shape, location, and/or lack of public transportation or a suitable building. We felt extremely confident and excited when we located tbe site at the corner of Myrtle Avenue and Hart Street, as it met all their needs; it was and is a perfect fit. The site is centrally located, accessible by public transportation and located within an area served by other social senrice agencies. While I have heard rumors that other sites are available that meet the needs of tbis agency, I have not been able to locate them, nor have I been approacbed by even one of the approximately 4,995 Real Estate Brokers and agents active in Pinellas County; despite knowledge of the need, not one agent bas called to ofTer an alternative site. I also find it interesting that despite the exposure and the controversy presented in the St. Petersburg Times, ReS has received no calls relating to potential sites. It is common knowledge that PineUas County is 99.9% built out, leaving few choices, if any at all. RCS serves the community in need; can we afford to turn our back when there are no alternatives? If I can be of any assistance, please feel free to contact me. s;nc~ // ~~ ~'- Marsnai'l"S. Harris President cc: Ronald Dickman Brian Stanley, Esquire .lamia Austin Gary Brumback Cynthia Tarapani PHONE (727) 797-0888 · FAX (727) 79T4722 · (E-lUAIL) realinvestments@harnsandcompany.nct .) \. ~'d ~~L.v-L.6L. L.~l '. ~uedwo., ."i st.J.Jel-l d~T: Tn ~n +.T ~e ~ 1.0.(01 ww) Nouwnc . ~Zl~ .L6lLZl. CIS::! . 0069.SINC . 91:l:V\S . (owu lIlDlI.laC U"''''31l\1d c:o: n:~ EOO?h~/9 J.V ClA:ll:l . ZI~'t.9Vd . . . Colonel Donald Paulkner ivisiollal Commander ~ e THE SALVATION ARMY Phillip D. Needham Territorial CommaMer Majors Roy C. and J~q,uelynn M. Johnson Carp.I' Officerr Found2d in 1865 by William Booth 16125 North Belcher Road. Clearwater, Florida 33765 POSI Office Box 8070. Clearwater. Florida 33758-8070 Phone (727) 725-9777 . FAX (727) 72~-9749 www.salvationannyclearwllter.org May 12, 2003 Jane Austin . .Rellgious_CQ1llJl1.U1li~.$crYic~ 700 Druid Road . Clearwater. FL 33756 Dear Ms. Austin, It was a pleasure speaking to you concerning the future home of the food pantry operated by Religious Conununity Servicels. Your inquiry concerning the possibility of available property at our Druid RoadIHighland Avenue site was presented to the Advisory Board of The Salvation Army today. Following discussion of your inquiry, the Advisory Board recommended The Salvation Army should retain all of the property for future exparision and programs and should not sell any of the property at this time. I'm sorry this does not belp you in your dilemma concerning a new home for the food pantry. Good luck in your continued gearch. Sincerely, 7~ Paul Bridges Business Administrator S~rving ~l~arwa'er (lIld Upper Pinel/as County sinu /926 G0 39'v'd Sl"w:(ss.ww) NOll~nO, tl89C>>L~rOIS3, l~69:SINO .1l:~S, laW!1l4B!iha WalS231 Wd 99:~:~1 COOZl61191V 0A3~ . C1~ 3~Vd 5- 7-Cl?,;14:34 ;CITY CLEPK DEpT. ; 727 'St-;'2 40B!3 # 2/ '2 . . Carlen Petersen CIO City Clerk Office 112 S. Osceola Ave. Clearwater, Fl. 33756 MAY 0 7 2003 FILE I have been informed by the city that you are the right person to express my concerns over the recent decision of the Community Development Board to deny permitting to Res to build their Food Pantry at 405 N Myrtle. Dear Ms. Peterson, I want to go on record making it clear that I do not understand this decision. With the other services available in that area of Clearwater it would appear to be a perfect match. I am requesting that whatever processes are necessary to revoke the committee's decision be done. The food pantry needs a permanent home as there will always be people that will need help in providing food for their families. I hope something can be done. I / Sincerely, ;;~.. /. ) l~/: /y t> ,,~./J1-t/, C I'.f . ./ )., "" 't!/.~",..,.~.,..",-j ! &C 'C.'c. .;'''~r 7/ 5(:' t ,-'1 I'" /..'-') . "~-"'-G f.( 3> 3 7t s:- l/'/t:.c~.- . --..-.(" /c. ....} ., ,/},h' ...~./g. , " ,~,. .....~? .. .6.,...[/~; J,~:,'; RECEIVED MAY U'j 2U03 PLANNING DEPARTMENT CITY OF CLEARWATER 11fW-05-2003 09: 54 . . 2035 Jeffords Street Clearwater, FL 33764 May 1, 2003 cg~/I2S 'lt4tSs /'"0- M4r loA; OS;, CI..I:~ Pf:J~ llOJ 1(/-4,.88 "0 !:lIVEly- The Honorable Brian Aungst, Mayor The Honorable Whitney Gray, City Commissioner The Honorable Hoyt Hamilton, City Commissioner The Honorable Frank Hibbard, City Commissioner The Honorable Bill Johnson, City Commissioner City of Clearwater. Florida City Hall 112 S. Osceola Avenue Clearwater, FL Dear Mayor and Commissioners: Being a long time resident of the City of Cleawater and a member of the Board of Directors of Religious Community Services. I want to express my concern over the recent decision of the Community Development Board to deny a permit for RCS to build a Food Pantry at 405 N. Myrtle Avenue. I do not understand this decision at all. Res has always taken good care of any property that it owns or rents, and its Food Pantry needs to be located close to downtown and on the bus line in order to be easy for its clients to visit. Most of our clients are hardworking people who have fallen on hard times and there is very little loitering around the building. The Food Pantry is a much needed establishment and serves many families in the City of Clearwater. We would appreciate anything our City Government can do to revoke the Development Boardls decision to deny the permit to build the Food Pantry at 405 N. Myrtle Avenue. Thank you for your consideration. Sincerely, ~9.~ (Mrs. James R. Stewart) cc: Ms. Carlen Pe c:er son ~r /(.'-e;;!.- Office of City Clerkf ',/ _,/ _f~""'_"'~ ;fe,./,. I ' .~, ,<" ... ., .? 'C' .-, // .....;...,..x.. ~~ //L~~",I/'"_~t.. ~ TOTAL P.01 . . PI \ PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart St. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 ) Whereas: i:.::'..~.:':; "1} ~.~ ~?'; .' ".'1 Fr,tf)'l<161 : 0 Lo{ ( 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all our work. It does not belong in the neighborhood. NAME fY) arl-eN~ S. P~"()L/L W'f)~9' r~ ~ 'p (J.CNY rJ II P ~ L'^ 5-1, J3LAN a, IJ./'j qll fJc jj '" 5 r ljv pt- '3VSS- 4-le- t':- -- ....,-- ;Voq ~/r/15!-dO y'J A '1M !i,;1,f?5y/t/Q,;t,:.c, /f'pe- -;(~r;;~~ &;. /J/'ifL /l1tJrw f.:7P/ 71~ J I!e-. //,-",,- " . / G/-/ ]- ADDRESS S:t- q I L/ fJ I Ct "2-6. DATE LJ~ 1d--03 c( --/:;2, - = 3 "-- - Lee 8 r~+-t- )~;< I N Nj r +1<- Ave.- ,337 SS ___.,;fcc/ ,g (tAl;) ------ ~~ CWl '[~3()fV' r0V '3 31.6 S- .. __ J') ^ IIJ /'\ i:- ------ M._.....- ----..--------- -----------....... C; I / I:--o~~.~~ ~ . . f .C> , '....J PETITION AGAINST Religious Community Services, Inc. proposal for the property at the comer of Hart St. and North Myrtle Ave. to build a social/public food pantry, etc. FLD 2003-02011 Whereas: 1. The homeowners of the Drew Park and surrounding areas have been upgrading our homes and properties to increase the property values and the aesthetic values. 2. The homeowners have been taking responsibility to get drugs and drug pushers out of our area to make it safer for our children and ourselves. 3. We do not want to encourage indigents and non-working people to our area nor encourage drug users to come here for food handouts as this will decrease the environment we have tried to establish and improve. 4. We believe that the above proposal will attract the wrong people to our area on a daily basis and undo all our work. It does not belong in the neighborhood. NAME J-1wJ ~/&- ~. ~o r Hort;;yt ~l ~ ~#~ JE.BILA;Co<,b-d-+ ~.A-t~O~tt--. 3d3 v'~~ 1J{]/OT/t Y tfEJrJkE- Dd10~~ !f~ 3'/TV/iIe II/Je GfW~1 ~ ~Jl1v IL ADDRESS DATE gOk VI ne- A- V'e. , Ar- l.s J 03 'f I, ~ J 03 _._~~-..-...-- -......---.---.--.. -------.. 1/1J3 :J It () (.~& '.1U~ <( II 3 -p" L . LidO !I~/4~ '(6 . lo>Vec:+J ~ ~u!U tjC!7 j#<7" sr:. .. _ ~. ~L iJwJaq ~ (j.W?'" J3?Ss~ ,-/-(].Cij 71jj!fYI<.!~ '101 II ~ - -pJ,'I'I:t; pJ/ll/fJns: pJJit-0pJ~. ypZ.--- '-f - l s- tJ'-.s J;.j .- 13 ',0-:3' ~-- . . 625 McLennan Street Clearwater, FL 33756 April 17, 2003 CITY COMMISSION CITY OF CLEARWATER Hand Delivery to City Hall Dear Commissioners: Tuesday afternoon the Community Development Board met from 2 until nearly 7. They were faced with difficult decisions and met the challenge. I watched and taped the entire meeting while at home. I wished that my health would allow me to sit at City Hall and watch the Board members, City Staff and the many concerned citizens right there in the Commission Chambers. I totally support the decisions of the Board and appreciate Assistant City Attorney Leslie Dougall-Sides carefully keeping everyone on track. Tremendous amount of preparation was made by staff as well, very professional. CIDP has problems and must follow the rules. Folks were there to speak in opposition and will have to come back for the Item in May. There were many people in the Chambers who spoke against having the Food Pantry in their immediate residential neighborhood. They were not smooth-talking professionals, just homeowners who are struggling to raise their neighborhood. RCS seemed to be so sure of the Board voting in their favor, they did not send someone who could address the main problem- PARKING. I did not have the Community Development Board Agenda and am going to study the records in the files available at City Hall in the City Clerk's office as well as records at the Municipal Services Building. It will take a little while. Meanwhile I am praising the way the Board Members, Staff and citizens dealt with difficult decisions. (Except, I am not about to say what I think about the motel item.) It would help if you could obtain the VCR tape and take time to watch the Board in action. The Times reporter missed an important meeting. I was tempted to call the Times newsroom for the CIDP and RCS items during the meeting but resisted the urge. The motel item-zero comment from Lois. ~'c ~ ~ \ i IJ-t.,o ~ Lo's Cormier RECEIVED APR 1 7 2003 PLANNING DEPARTMENT CITY OF CLEARWATER 05-t9-03 11 :11 Fron-Ruden MCCIOF~ +8132299128 . T-424 P.OO 1/006 F-292 . RUDEN Mc:CLCJ5KY SMITH SCHUSTER & RUSSELL, RA. REC E IVE r;'\ SUNTRU5T FINANCII'Il Cf",'rR~ ~ 401 ~^$T JACKSON STREET TM"'P.... F1.01\IOA J;iGU~ MAY 1 9 2003 ATTORNEYS AT LAW PLANNING DEPARTMENT CITY OF CLEARWATER (613J Z~2.6~27 "AX: 18131 314.<;n7 lJ7.S@RUDEN.COM FACSIMILE COVER SHEET DATE: May 19, 2003 I!JU l~ROM: Bryan J. Stanley, Esq. FILE NO.: 37283-0011 NUMBJ~R OF PAGES: 6 (Including tIlls Cover Page) If there are any problems or complications, please notify us immediately at (813) 221-8027. TO: RON DICKMAN CYNTHIA H. TARAP ANI GARRY BRUMBACK EMIL PRATESI, ESQ. JAMIA AUSTIN FAX NO.: FAX NO.: FAX NO.: FAX NO.: FAX NO.: 727-587-7747 127-562-4865 721-562-4052 727-446-3741 727-443-6874 Please see attached our correspondence with attachments of today'!> COMM€NTS: date. Thanks! THE INFORMATION CONTAINEl) IN TillS FACSIMILE MESSA(iF, l~ ATl'ORN(Y PRIVILEGED AND CONFIDENTIAl. INFORMAl ION INTENDED ONLY FOR THF. USE Of n-lE !NDlVIDUAl OR ENTITY NAMED A80VI;. IF THE READER OF THIS MI1SS^Gc 1<; NOT THE lNTI2NDI!D RECIl'JENT, YOU ARE HE~BY NOTlFmD THAT /\NY DISSEMINATION. DISTRIBUTION Ol{ C01)Y OF 1 (-lIS COMMUNICATION IS STRICTLY PROHIBITED. IF yOU HAVE: RECEIVED THIS COMMUNlCATlON TN ERROR., f'1.1:;A$E JI\IMEDIATELY NOTIFY \JS 13'1' TELEPIiONE (IF LONG OlSTANCE, "LEASG CAll COllECT) AND RETURN THE ORIGINAl M€SSAGE TO US AT THE ABOVE ADDRESS VIA THE u.s. POSTAL SERVICE, THANK you. TPA;27461 .;1 05-1.-03 11 :11 From-Ruden MCCIOS~ +813Z299128 . T-4Z4 P.ooZ/oos F-Z9Z . RUDEN MCCLOSKY SMITH SCHUSTER & RUSSELL, RA. 2700 SUNTRUST FINANCIA~ CENTRI' ~o, EAST JACKSON STREET TAMP", FLORIOA 33602-5841 i8131 222-6627 FAK: (8131314-6927 BRV AN.ST ANLEY@RU D~N.COM AITORN~YS Al tAW May 19, 2003 RECEIVED VIA FEDE RAL EXPRESS MflY 1!) 2003 City of CI ~arwater Community Development Board Planning Department 100 South Myrtle Avenue Clearwau-r. Florida 33756 PLANNING DEPARTMENT CITY OF CLEARWATER Re: Supplement to Request for Reconsideration and Rehearing of City of Clearwater Community Development Board ("CDB") denial of application by Religious Community Services, Inc., a Florida non-for-profit corporation C'ReS") for new Food Pantry at 405 N. Myrtle, Clearwater, Florida Case No. FLD 2003-02011 Dear Ladies and Gentlemen: This finn represents ReS. On May 7, 2003, on behalf of RCS, we forwarded a Request for Reconsideration and Rehearing of the CDB's decision of April 15, 2003 to deny ReS's applicatiun for approval of the above~referenced site for its new Food Pantry. The purpose ofthis . letter is to provide some additional information and documentation in support of that request. In that regard, you will fmd enclosed copies of correspondence from the Clearwater Housing Authority and the St. Cecilia Catholic Church. The Clearwater Housing Authority was a neighbor of the Res Food Pantry at its previous location on Ewing Avenue, and St. Cecilia Catholic Church is a neighbor of the Food Pantry' 5 present location on Druid Road. A:) these letters indicate, the Food Pantry has not previOusly caused security or other concerns for its neighbors. These letters also demonstrate that the security and other concerns expressed by members of the CDB and neighboring land and business ovmers of the proposed new Food Pantry site on Myrtle Avenue are unsubstantiated. In addition, we have enclosed a letter from Marshall Harris, Broker, of Harris & Company, Inc. RCS haS utilized Mr. Harris for a number of years to locate properties that may be available for the relocation of its Food Pantry. In fact, Mr. Harris previously assisted ReS with the identification of the present Food Pantry location on Druid Road. Mr. Harris's letter evidences that Res has performed an exhaustive search for available properties that could be utilized for its Food Pantry and that the Myrtle Avenue site presently under consideration is likely the only available site suitable for this purpose. TPA:276S70. , CARACAS _ F I. LAUDERDAlE' MIAMI- NAPLES' PORT ST.lUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE -TAMPA' WEST PALM BE~.CH 05'#19-03 11: 12 Fron-Ruden MCCIO~ +8132299128 e T-424 P.003/00S F-292 . City of Clearwater May 19,2003 Page 2 We would ask that the CDB consider the enclosed documentation, in addition to that which was previously submitted to the CDS with our May 7, 2003 letter and by other supporters of the relocation of the ReS Food Pantry to Myrtle Avenue, in connection with ReS's request for a reconsideration and rehearing of the April 15, 2003 decision. In the event that any questions arise with respect to the enclosed or any other docwnentation previously submitted, those questions may be addressed to the undersigned. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P .A. BryMS::~ BZS/jjh Enclosurus cc: Ron Dickman (Via Facsimile) Cynthia Tarapani (Via Facsimile) Ciarry Brumback (Via Facsimile) Emil Pratesi, Esq. (Via Facsimile) J:lmia Austin (Via Facsimile) TPA:276S7C);! CARAO..<i. f I. V,UDERDAlE' MIAMI- NAPLES' PORT ST. LUCIE a SAf{A50TA- ST. PETERSBURG. TAll^HASSE~' TAMP" · WEST PALM 8Et\C11 05-~9-03 11 :13 From-Ruden MCCIO~ +8132299128 T-424 Received 0 2D03 11 :01AH in 01:08 on line m for BZS 111 PAGE 111' RCVDAT6I12J2rJl311:01:28AM ~astemDa)4lghtTm :"' DNlS:61127'CSlO:127a10' DURAT1ON(mm.15I;Ol~ch · St. Cecelia Churcb 820 Jasmine Way · Clearwater, Florida 33756-4095 P.005/00e F-292 ~Ol . May 9, 2003 City of Clearwater Community Development Board Planning Department 100 South Myrtle Avenue Clearvlater, Florida 33756 To whom it may concern: As pastor of one of the church communities supporting Religious Community Services. I am hoping that the City of Clearwater will approve a site for a new Food Panuy. Presently, the Pantry is located close to St. Cecelia. Church on Druid Road. near Myrtle A venue. The Food Pantry bas been a good neighbor to our church with volunteers and staff utilizing our parking lot whenever necessary. For over a year, this arrangement has proven successful. Never once has there been any kind ofproblem. Religious Community Services is a great blessing in our city, and I endorse their p[ans for the futW'e. With every best wish. I am Sincerely, ," l . rr . 0. ( ell. iA pe \UA Monsignor Ai n F~yneS PastOT C c:: Ron Dickman )amiaAustin vBrian Stanley Cynthia Tarapani Garry Brumback Tel~ptlotn~; 727-447-3494 · FQlt; n74424810 · E.mail: Cec:eliaS20@aol.eolIJ 05-i9-03 11: 12 From-Ruden MCCIO~ +8132299128 . T-424 P. 004/006 F-292 May 7, 2003 City of Clearwater Community Development Board 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Relocation of Religious Community Services, Inc. Food Pantry to 405 North Myrtle Avenue, Clearwater, Florida Dear Sir/Madam: This letter of support is provided in reference to the Religious Community Services, Inc. Food Pantry, which ~as previously a lessee of the Clearwater Housing Authority (CHA) at our former administration building located at 210 Ewing Avenue, ClealWater, Florida. The CHA and the Food Pantry were neighbors on Ewing Avenue for many years. During that period, the CHA had a harmonious relationship with the Food Pantry's operations and its clients. The operations of the Food Pantry did not cause concern for the CHA with regard to security issues for our offices, staff or visitors. Our relationship was one of professionalism and mutual respect. The Food Pantry provides a valuable service to its clients within this community. Sincerely, Jacqueline Rivera Executive Director e F ltE p/!) .,Jtlo3-t)~O// IY12CI2/VJ /vt,1Y 12 D "1 lJ PC'lA.NN'I-' tOO] try 'vG D o~ Cl.. 'l2P~I?]j . €.1l?l1i<I~~7' May 7, 2003 City of Clearwater Community Development Board 100 South Myrtle Avenue Clearwater, Florida 33756 Re: Relocation of Religious Community Services, Inc. Food Pantry to 405 North Myrtle Avenue, Clearwater, Florida . Dear Sir/Madam: This letter of support is provided in reference to the Religious Community Services, Inc. Food Pantry, which was previously a lessee of the Clearwater Housing Authority (CHA) at our former administration building located at 210 Ewing Avenue, Clearwater, Florida. The CHA and the Food Pantry were neighbors on Ewing Avenue for many years. During that period, the CHA had a harmonious relationship with the Food Pantry's operations and its clients. The operations of the Food Pantry did not cause concern for the CHA with regard to security issues for our offices, staff or visitors. Our relationship was one of professionalism and mutual respect. The Food Pantry provides a valuable service to its clients within this community. Sincerely, cqueline Rivera Executive Director 1AY-08-2003 16:24 . . P.01/01 f MERKLE & MAGRI, P.A. 550 N. Reo Street, Suite 301 Tampa, Florida 33609 (813) 281.9000 Clearwater (727) 441-2699 Fax (813) 281-2223 mm@merklemagrLcom May 2, 2003 SENT VIA FAX 727-562-4052 Commissioner Bill Janson City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 Re: Res Food Panty Dear Commissioner .Janson: I have been informed by the city that you are the right person to express my concerns over the recent decision of the Community Development Board to deny permitting to RGS to build their Food Pantry at 405 N. Myrtle. I wanted to go on record making it clear I do not understand that decision. With the other services available in that area of Clearwater, it would appear to be a pertect match. I am requestil1g that whatever processes are necessary to revoke the comminee's decision be done. I am also contacting City Commissioners to look into this decision. I hope something can be done. Very truly ~ours, '" JDM/ph .... .,.......,.n...__.::~ .' ,/,.' Joseph D. Ma L-----... ." J'- ~ rLD TOTAL P.01 11AY-02-2003 15: 29 . P.01/01 . Victor V. Johnson, Jr. 1501 Gulf Boulevard, #705 Clearwater, Florida 33767 April 30, 2003 RECEIVED kAT 022003 CITY MANAGER' S OFFICE Mr. William B. Home n City Manager City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 Dear Mr. Horne, -. -'. 1..,,' I. As a supporter and usually twice weekly volunteer at the ReS Food Pantry, there was dismay when the Community Development Board on April 15. 2003 denied the Food Pantry application for a new facility to be located at 405 North Myrtle Street even after the City Planning Department recommended approval with conditions. It would appear that the only real issue is parking and surely with some effort that can be resolved. The negative comments from individuals regarding who patronizes the Food Pantry and how it operates have to have heen made by people who have either never visited the facility and/or are grossly misinf.onned as to its mission. I can assure you that the Food Pantry is operated by a dedicated 5taff in a professional manner with the highest standards. I am sure that it IS unnecc~ssary for me to relay to you the vital importance of this facility in providing food and sm;tenance to those many members of our city and surrounding cities and communities who are in need. I would hope that you and your staff would in conversations about the Food Pantry with people in our community) urge them to visit the current facility to see first hand how it operates and to allay any fears concerning the food Pa1l.tJypeing a gOQd neighbor wherev~r they may locate,...... My real purpose in writing is to ask for the strong support for finding a pennanent location for the Food Pantry and that the Planning Department and other city officials work aggressively to assist in this regard. / cJ..J ~~~~ ~~~ JvU'".Jl ' rn~ ~ TOTAL P.01 i1AY-05-2003 09: 54 e e FILE 2035 Jeffords Street Clearwater, FL 33764 May 1, 2003 Co CO~/E2"s 'II4/Ss 1'"0- Al4y IOiv OS;, OI..E:iT. PIYI2 ~ 1(/"ll'Ss 'r0f:/. I\IS-y- The Honorable Brian Aungstl Mayor The Honorable Whitney Gray, City Commissioner The Honorable Hoyt Hamilton, City Com~issioner The Honorable Frank Hibbard, City Commissioner The Honorable Bill Johnson, City Commissioner City of Clearwater I Florida City Hall 112 S. Osceola Avenue Clearwater, FL Dear Mayor and Commissioners: Being a long time resident of the City of Cleawater and a member of the Board of Directors of Religious Community Services, I want to express my concern over the recent decision of the Community Development Board to deny a permit for RCS to build a Food Pantry at 405 N. Myrtle Avenue. I do not understand this decision at all. RCS has always taken good care of any property that it owns or rents, and its Food Pantry needs to be located close to downtown and on the bus line in order to be easy for its clients to visit. Most of our clients are hardworking people who have fallen on hard times and there is very little loitering around the building. The Food Pantry is a much needed establishment and serves many families in the City of Clearwater. We would appreciate anything our City Government can do to revoke the Development Board1s decision to deny the permit to build the Food Panery at 405 N. Myrtle Avenue. Thank you for your consideration. Sincerely, ~GJ.~ (Mrs. James R. Stewart) C C : ~~ f i~: r ~ ~ n C ~~~ e~~ ~~ kf p.- Ala-If /c,fP- 0=3- TOTAL P.01 4-29-('3: 7:47AM;CITv CLERK DEPT. ;727 562 40.86 # 2 2 . . Carlen Petersen C/O City Clerk Office 112 S. Osceola Ave. Clearwater, Fl. 33756 APR 2 8 2003 ,'" ' .,' Dear Ms. Peterson, {~r f\; : . ~'; T.,'~:'~]\n- I have been informed by the city that you are the right person to express my concerns over the recent decision of the Community Development Board to deny permitting to ReS to build their Food Pantry at 405 N Myrtle. I want to go on record making it clear that I do not understand this decision. With the other services available in that area of Clearwater it would appear to be a perfect match. I am requesting that whatever processes are necessary to revoke the committee's decision be done. The food pantry needs a permanent home as there will always be people that will need help in providing food for their families. I hope something can be done. . Sincerely. ' a. t\... -+- . nc....;.<J.:'\ '~4~ Nancy Blanton ~~ ,() 0~ a~A. ~/'- '/1 :7~~4 'r__o, ~ 0,(\ Q <>. ~_ ~ C(~..o I.?)' .~ ~ "9--?~'-'?~ ~~ ~1- '~ /' 4-29--03: 7:47AM:CITY SLER~ DE~T_ ; 727 ,1362 40,:;~ tt . e - () City of Clearwater, Florida Official Records and Legislative Services Department Phone (727) 562-4090 Fax (727) 562-4086 ~ Clearwater FAX MESSAGE TO: Cyndi Tarapani/Lisa Fierce LOCATION: Planning FAX NO.: 4865 COMMENTS: See attached letter for Carlen Petersen re CDB FROM: Lois Norman, (727-562-4091) DATE: 4/29/2003 NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 2 ~~ .() 0~ ~ ~'"' '/'~ Q~ '& ~ ~cQ<:>~ ~ () (~X) ~ ~~1>~ ~~~ ';.p ?- on'_ _. . ----------- --- .. --------------.--------------------------------- fI/1 4-29-03; 9:34AM;C1 ~LEPV DE~T. ; 727 7.62 40f;f:-; # :/ ? " . . ~ Clearwater City of Clearwater, Florida Official Records and Legislative Services Department Phone (727) 562-4090 Fax (727) 562-4086 - o FAX MESSAGE TO: Cyndi Tarapani/Lisa Fierce LOCATION: Plarming FAX NO.: 4865 COMMENTS: See two additional letters to Carlen Peterson re CDB FROM: Lois Norman, (727-562-4091) DATE: 4/29/2003 NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 3 RECEIVED AfW I) "- y 200] PLANNING CiTy OF cff,fARiMENT RWAiER ..".,.". ... ............. .'.,.. ,-" '" , . .. -..-- -..--..- ---"-'---'---,-,- --------_._...._--_._----_..._---.:....~-----_.._.._.__._--_.-_..._~_.~-~~~~~---..;,---~~._'-._-_.~.;...--.-._...:_-- .__.:........:..:.~ ~-29-03; 9:?44~:C T\' CL~PK ~EPT. . . ~:7,1=':;2 ..:..C..?'3 t:- 2/ ., . . GRABLE FOUNDATION 43 Pelican Place Belleair, Florida 33756 April 28, 2003 Rs-Cs: II/SD ,"' 4p;jJ , ,I.,." ~ I -11~1\t. 200J ~GSIY~ O!:'PI 1CS Ms Carlen Peterson C/O City Clerk's Office 112 South Osceola Avenue Clearwater, FL 33756 Dear Ms Peterson: This letter is to sent to you to express my surprise and concern regarding the recent decision of the Community Development Board to deny Religious Community Services' request to build the RCS Food Pantry at 405 North Myrtle, Clearwater. I do not understand that decision. The RCS Food Pantry is clearly a desirable addition to the community services already located along the Myrtle corridor north of Drew Street. There is no doubt it will be a good neighbor as well. ( request that whatever processes are required to revoke the committee's decision be carried out. I expect that 8 satisfactory solution will be arrived at quickly and efficiently so that the Food Pantry can be relocated at the Myrtle site without undue delay. Thank you for you consideration. Sincerely yours, 6f~~'~ Susan.H. Dus Advisor to the Graele Foundation For your information CommuoitJ' Affiliations RCS board member Vice-moderator Presbyterian Women, Peace Memorial Presbyterian Church, Clearwater Sustaining member Clearwater Community Woman's Club Member executive committee Morton Plant Mease "Planters" organization Sustaining member Morton Plant Mease Roebling Society Graduate and alumni member Leadership Pinellas -29-0?; ;;;~: 34.Arv~: U~/L~~'~~~~ ~~.~~ . I T"( CLEPI< DEPT. 'L" ~.v ~ April 24, 2003 ....." ........,...,............. ...."-l'y ..........., . I ".. 604_ '11 kl..",...... lU_tllfAJttl., ~., ,.'3"6'1 I Ms. Carlen Petersen Community Development Board City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 562-4052 Dear Carlen, . 7~,)--' ~~,2 4C).:-',0: #? -9~ o/,>-~ 4~.Ll Q~k ~ 'T <' ~() ~1r-1. tP d G~ ~ ~~ 0,(' ~ c~ I just wanted to express my concern about the recent Community Development Board decision to det' ReS permitting to build a new Food Pantry at 405 N. Myrtle. It seems su h a perfect fit, especially with all of the other community services in that area. I know this would be such a tremendous asset for our cornmuni~ and that the Food Pantry would make an excellent neighbor. ' I hope that the Community Devel~: Board might review their decision and do whatever is possible to allow' itting for the Res Food Pantry. ! Thanks so much, (~ -;:r(~J2~Co-e~ Becky C(5{e . . . . _ . _ ___.._____.__ ._..._.__...._. ._..__ _._.._...._n__._......._ .._. __.__....____.__.._..______.___. . /1- 1? - ~c::;.O;,;r27 562 4086 I ,,,~./ i.....lt;y>..? / .-it ,...'..-' .t.Y" i /jJ d .K:-A /. 't I ,/ > ;:/).t l Mr O>-I~~.t.A-)--_ # :l/ ~ 4-29-03:'4:46 :CITY CLERK DEPT. Carlen Petersen C/O City Clerk Office 112 S. Osceola Ave. Clearwater, Fl. 33756 f1IJ -- APR 2 q 2003 Dear Ms. Peterson, I have been informed by the city that you are the right person to express my concerns over the recent decision of the Community Development Board to deny permitting to ReS to build their Food Pantry at 405 N Myrtle. I want to go on record IlUIking it clear that I do not understand this decision. With the other services available in that area of Clearwater it would appear to be a perfect match. I am requesting that whatever processes are necessary to revoke the committee's decision be done. The food pantry needs a permanent home as there will always be people that will need help in providing food for their families. I hope something can be done. Sincerely, ~-i '::iJ ~ -~ ~ Ray F 1/ 2/0/ sOlley Cl . UtlselPo . CIlI"'at "" Rd . or. F"L 33765' 803 vL ~\' Jo ~~ ~-Ot;) ~p~-f~ ~~k.'vJ.. ~M-~~! r~ 'J.--LA.-O ~ \ .J2,V-v ~~~\~ '" ~-' g).a ~ .~-~Q U~ ~ /' \ ...Lt.~ It.-v--..--o ') ~~ ./C~ 4-29-C3: 14:46 :CiTy CLEPK DEPT. :727562 4086 # 1 / '~.~ . . - U City of Clearwater, Florida Official Records and Legislative Services Department Phone (727) 562-4090 Fax (727) 562-4086 ~ Clearwater FAX MESSAGE TO: Cyndi Tarapani/Lisa Fierce LOCATION: Planning FAX NO.: 4865 COMMENTS: See attached letter to Carlen Peterson re CDB FROM: Lois Norman, (727-562-4091) DATE: 4/29/2003 NUMBER OF PAGES THIS MESSAGE (INCLUDING THIS PAGE): 2 e ~ ~,'.. 2 TIMES. THURSDAY, APRIL 24, 2003 CT e ~ OLINIOJ Ilfalre . .. _____I 80 Pa I'ooin - feed h"""vca" 81"::: P"?d Pa" ,lIlJgry It is/1pliJ 17: by s 611ildi C01l11lJ ~Ost Illlfo 'IlK NolIs C1'k the app'lflity Del'e '!'hl11ate th "'61t!, ~~elllle ~ti~p to ~~~ellt &~~e Clea,.,.~ Se. I h Qart Str, ""e l'a --..., ha d >Yater :g~st to i~l'e l'Olll1}teeeet fOr a C;:t lot o~ tr,1Jied ~belle1it":oue!o the~a.~.the ry""orth.,.,f:!fe eft. .( lle Fo 1l11ts se ~1ll.Lles Pan~ an e beet Oll thod Pant...- 'l'Vices and iftdj . d can eell ell'" Y lVilJ' ..... Vid t1l1any ~fr;:ble;%~borhoo~a~ llo detr;~ Uals o the bll ~ cliellt: llr~' rar~~ .I.lllellta} whell c': s lines is s dOll'th '.Qt fa,.;,:.,.. has llot -ltri .I.lellts 1l1ost . al'e ~.I..I.lL.T and PeoPI:!!Z::::~S:7el~:i;n~~h acc:~ce fOIk:r:~~t o. if tholleighb:;ZoPUt "1l1}~~t45 ;~ Th: lll(e th se.,.,,. . Or/. -vqabr ",. ""Sfoltun e rest 110 ut!lize '. Ie sh~eto eOfbe' ofus""h thel?an let the11:l'l11g Out of 0 hal'e th tz:r are ~ dolVri. work. It e -,_ ""oWdb __~ ~. ea ----..... -,-~~.,. " - /, , 2 TIMES" FRID.A': APRIL 25, 2003 . CT OPINIOl\ EOITORIAL-- For the right reason, food pantry Was denied .. SU}~porters of Re}igiQus Co~unity Servi.ces, apr!:>perty to enlarge a retentio~ pond. For more than m\1ch-rbspected Clearwaterchantable orgamza- . a year the pantry has operated out of a bIg blue tion, were disappoip.teq when a city boardrecentIy warehouse off Myrtle Avenue, getting by on a denied the grblJp's~requestto relocate its food pan- month-to-month lease. try to a vacant site6n Myrtle Avenue near down- For about three hours each afternoon, the pan- town Cle~ater. . . '. try is open for approved clients to come and pick up The s!te had seemed Ideal to RCS. Since the . . their food allotment, given twice a month. Most of prop~rty IS vacant, ~e ~CS Food ~antryco':lld build those who com.e,to the pantry on any given after- what I! n~eds. The SIte IS on a ~us line, so clients noon are people who just can't make ends meet who diOO t have cars co,!l~ .easlly get there. . They arrive in battered cars, their children in the . Nearby are otherfacllities that serve lOW-income back seats pick up their groceries and leave. clients, such as the PineUas County Health Depart- ..' . . . . ment and the Turley Fatnily Health Center, so the .. CIty offiCIals noted durtng the testimony that ~e . pantry would be convenient for clients using those RCS F~od Pantry never has been.a problem location services. . . for police. The CIty staff recommended approval of And the property, at the comer of Myrtle Ave- the pantry'~ reguest, ~ven though the P8;fitry ne.ed- nue and HartStreet, is near neighborhoods where ed a reductionm reqll;U"ed setbacks and In reqwred many Food Pantry. clients live.. parking to make the sIte work. But the neighbors didn't want the Food Pantry. The members of the Community Development They showed up at the April 15 meeting of the Board praised RCS and its operations. They rightly Clearwater Community Development Board to op- pointed out that neighbors' fears of the pantry's cli- pose the pantry's request They said they had. ents, expressed during some outrageous testimony, worked to improve their workiiIg-class neighbor- were misguided. But then they denied RCS're- hood, which has been plagued by drug and crime quest. . problems in the past. They predicted that the Food It was the right decision. Pantry would attract homeless people, drunks, traf- fic, litter and "people who smell." . Parkin~ on the propertywoul~ have been insuf- "I'm not against helping," one neighbor said. "I ficlent dunng peak hours and would not have al- just don't think it should be in a neighborhood lowed for wha! is almost certain future growth of where we are trying to raise children." the pantry's client base. . Another neighbor, who a~knowledged that as a Clients would have been tempted to park on smgle mother she ha~ occasIonally used a food pan- nearby residential streets or in the parking lots of try to.h~lp feed ~er children'"told the board, "I don't . neighboring businesses, potentially creating nasty want I! m my neIghborhood. conflicts with opponents of the project. Said another speaker, 'We don't want people . .... who are nonproductive in our neighborhood. . . not Local gove~ent does no one.a favor ~hen It that I dpn't feel sorry for people in need.". approves a proJect tpat lacks. sufficIent parking, es- Many of the speakers demonstrated some ap- peclalIy as PinelIa~ IS becommg more del!sely p~pu- palling attitudes toward people who are hungry and lated and the conflicts over land uses are mcreaslng. toward an organization that has had a relatively Clearwater officials now are working with RCS trouble-free history. to attempt to find a solution to the parking problem. The RCS Food Pantry was located for years in an W ehope they will be successful. Except for the lack old downtown strip center converted to offices but of parking, the location at Hart and Myrtle would be had to move when the city of Clearwater bought the just right for such a service to the community. rlg.iWi;~ gi[1f~ ~ .~ ~ [!~. ~i ~i i ~i.~, g.l f~ f ~ ~ g ~ 6"e!/.l ; g.l'D ~~ ~ S.~:'.Q.OO 3-00 <::> cT;J.g ::s l'D ,sl Q.oo l'D ~ <"'tOn II) <::> -~ ~0Q.;:::l.00::r'0.0gjOO~ogQ. ~ ~SIl)~ggr51Igr~i~~~! I ::r: 0 fij ~ ~ l'D = 0 t:.: .., ~ ~ II) ::s = l'D (I. .... (D~e;. g ~ ~~~g.('\j l'D~_.l:I~ l'D ~.. ~ r~~~ ~ Fi!~ ~..!'!~pt~ ~ ~~ ~~i ~~=Q.~~~o~~~ n~~~~~ ~ ~~'~. B"&l'D..:"~i~,i 5:~~$.e..g of ~ ~0~~1'g.~ ~!.. ~.. [~~a ~ ~ It -::So_~-oop- ~II) ~~l'D Q ;II i ~ ~g' ="gi ~ ~~ ~~.[8.~~ ~ I ft s:~'& n (S" ~ ~.. oos~..~ ~. ~ ~ "'C a. ~ ~ G) ~ 00 ~o II) ::r'= er fIJ!! -';::r ;1:' f ~d!so!3agj!/.l.~~. 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(D..l'D ~OO80n~e- I ::s '0 ~ eoaJg (1) 0 . ~ ~a:t;~ ~~ sa..(:! . 8~~ g.l'D 00_(1) l'D n '~ o iJ 3 3 c :s -i en :s- O c a. en c " ;" o II1II t+ a' o Q. " m :s t+ ~ " m :s 'N :::! ~ m CJ) . -l C m (J) I:} ~ )> -0 ::0' ;= ,'N, ~ IQ' , o o tv (") -l o ~ ~ Z ~ o z , . . . pW1Pr1Y!J5?1 May 9, 2003 Mr. Joseph D. Magri 550 North Reo Street, Suite 301 Tampa, Florida 33609 Dear Mr. Magri: Thank you for your continued interest in our City through your correspondence regarding the Community Development Board's decision on the RCS Food Pantry. Your May 2, 2003 correspondence specifically addressed the Board's denial of the Food Pantry's request for site plan approval for the site at 405 North Myrtle Avenue (case FLD2003-02011). The Food Pantry has filed a request for reconsideration by the CDB. At its May 20, 2003 meeting, the Board will be asked to decide whether to reconsider the case. Should the Board decide to reconsider the case, it would be scheduled for a public hearing at its June 17, 2003 meeting. Notice would be provided in the same manner as the original proceeding. Sincerely, Bill Jonson Commissioner Cc: City Commission Cyndi Tarapani, Planning Director S:\Planning Departmenl\Corre.\pondence for City Hall and Otlzers~ttersfor Commissionyoseplz magri response for Jonson regarding food pantry. doc . . Response to E-mails from: Marilou Konen 2176 Oak Grove Drive Clearwater 33764 Subject: Food Pantry - Case FLD2003-020 11 - 405 North Myrtle A venue This is a response to your email received Saturday, April 19, 2003. The proposed Food Pantry project at 405 North Myrtle A venue was reviewed by the Community Development Board (CDB) on April 15, 2003 as part of a public hearing. Neighboring property owners in attendance participated in the discussion. The Planning Department made a recommendation of approval with conditions. The Board discussed the case at length expressing concerns about parking and whether the site was appropriate for the use. The Board denied the application with a vote of 5 - 2. The applicant (Food Pantry) must now decide whether it will appeal the CDB decision, find a new site, request a reconsideration of the case or submit a substantially different application. Thank you for your continued interest in our City. Sincerely, Bill Home, City Manager Cc: Cyndi Tarapani, Planning Director S:\Planning Departmen^Correspondence for City Hall and OthersV-etters for City Manager'{ood pantry email response to konen.doc f[QVf!J1- D2f)( f fiLl? ~ . . . REQUEST: Flexible Development approval to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. ANALYSIS: The 0.98-acre vacant site is located on the northeast corner of North Myrtle A venue and Hart Street. The site is located within a transitional area between a commercially developed area along North Myrtle Avenue and single-and multi-family dwellings to the east. Uses along North Myrtle A venue to the north, south and west include governmental uses (City Gas Department and storage yard), medical clinic and single-family dwellings. The site's west boundary fronts along North Myrtle A venue and the south boundary fronts along Hart Street. The site is moderately treed and slopes slightly to the east. The proposal includes a two-story, 12,592 square foot social/public service agency (food pantry). All social/public service agency uses within the Commercial District must be reviewed by the Community Development Board as a Level Two application, per Section 2-704 of the Code. The fact that the site is adjacent to residential designated property and the proposal includes a reduction in the front (south) setback along Hart Street requires that it be reviewed as part of a Comprehensive Infill Redevelopment Project. The proposal includes the relocation of the existing food pantry from its current location at 700 East Druid Road to the subject site. The food pantry has been at its current location approximately one year. Prior to that it had been located at 210 South Ewing Avenue from 1985 until 2001, when it relocated to the Druid Road site. Parking will be located along the east and north sides of the site. Two, two-way driveways, with one each along North Myrtle Avenue and Hart Street, will provide access. A six-foot, solid wood fence will be located along the east and north property lines providing an adequate buffer between the proposed use and adjacent, residentially used property. CDB Notes - Community Development Board - April IS, 2003 - Case FLD2003-02011 - Page I . . The request is to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks of five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. The reductions in side setbacks are to pavement only and applicant will provide additional landscaping along the front (south and west) property lines and internal to the site, a more viable project and the preservation of many large live oaks. The building will be located a minimum of 70 feet from any side property line. The building will include a primarily sand-colored split-face block and dark blue tile finish and a standing seam metal roof. Overhead, garage-style, loading doors will be located on the east side of the building. The landscape plan exceeds the intent of the Code utilizing a variety of a colorful groundcover (jasmine), shrubs (including azalea and photinia) and trees (including magnolia, sabal palm and crape myrtle). Solid waste will be removed via an enclosed dumpster located at the northeast comer of the site. All required Parks and Recreation fees will be required to be paid prior to the issuance of any building permits. All Stormwater requirements have been met with this proposal. The hours of operation will be primarily between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday. Clients will access the building between the hours of 12:30 p.m. and 3:45 p.m., Monday through Friday. Clients typically access the site via public transportation or by carpooling. There will be a maximum of six employees and 20 volunteers on the site at any given time. Deliveries will be made via one 42-foot truck, once per month. All other deliveries will be made via personal automobiles. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on March 13, 2003. The Planning Department recommends APPROVAL of the Flexible Development application to permit a social/public service agency (food pantry) within the Commercial District adjacent to property designated as residential in the Zoning Atlas with a reduction in the front (south) setback along Hart Street from 25 feet to 15 feet (to building), side (east and north) setbacks from 10 feet to five feet (to pavement) and the required number of parking spaces from 44 spaces (four spaces per 1,000 square feet of gross floor area) to 31 spaces (2.15 spaces per 1,000 square feet of gross floor area), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C and to permit the reduction in the side (east) landscape buffer from 12 feet to five, as part of a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G for the site at 405 North Myrtle Avenue, with the following bases and conditions: CDB Notes - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 2 . . . Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-704.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The proposal is in compliance with the criteria as a Comprehensive Landscape Program per Section 2-1202.G. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations submitted to, or as modified by, the CDB; 2. That all signage meet the requirements of Code and be architecturally integrated with the design of the building with regards to color, materials and finish 3. That all Fire Code requirements be met prior to the issuance of any permits; 4. That all Engineering Code requirements be met prior to the issuance of any permits; 5. That evidence of a SWFWMD permit be submitted to and approved by Staff prior to the issuance of any permits; 6. That all Stormwater Code requirements be met prior to the issuance of any permits; 7. That all required Transportation Impact Fees be paid prior to the issuance of any permits; and 8. That a Tree Preservation Plan be submitted to and approved by Staff prior to the issuance of any permits to include the following: > Impacts to the critical root zones (drip lines) that the proposed building, parking, stormwater and utilities will make and how those impacts will be addressed (i.e.; crown elevating, root pruning and/or root aeration systems); > The actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required) and a Code compliant tree barricade detail; and > Any other pertinent information relating to tree preservation S:\Planning Departmenf'.c D B\Flex\Pending cases\Up for the next CDB\Myrtle 405 RCS\Myrtle 405 CDB Notes.doc CDB Notes - Community Development Board - April 15, 2003 - Case FLD2003-02011 - Page 3 . W a..:t:: >- I-If W, UJ::: <C (]) o~ en '(3 m- E s:: E CI) 0:2 Ou >.-= c: en .Q :J (]) 0 U. .- 1.2 :::c. (]) en .c: :J I-UJ I I :::::: (])(])a: .c: .c: _ I-I-u. - - :t::i ~ (]) (]) a.. a.. 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U('f'\OO ~~~ ~::;,." ~ U) ltl ~o, :$d~ UOI:;..: OE-.-.r, ~iQu.. ~~~ ~~r- o~ Q ~~Sl ~ ~~~ z" ;- ~~ roo \Ow ~~ \01 \0 ~ Hl ~ .. o u-_ ~I ~0 ?i1U ~! ~ 0 ~ ~\f)~ :i a ~ ~ - i! ~ ~ ~ z: W 1(\ Ii~ - ~ 'I I Ii lit's r- - I . . 2 ~....:-"""O... .-.- ~ 1:1 ~ ~ HART STREET ONE Y'iAy . ~ ce:.~~".. ,......_.._........ r-'.. 0510 20 30 I 50 J..ANDSC.APE Pl..AN 5c2IIe: I" : 20 ft L-1 NE.... FAc.lLIlY FOR MYERS & ASSOCIA'I1$ ARCHlTECTURE AlA PA JAY F. MYERS RELIGIOUS COMMUNITY 5ERVJC.ES 9170 OAKHURST ROAD SUITE 38 SBIlr-.'Ol.E. A..ORIDA 4959 OFL_1 405 NORnI MYRTU: AV'EHiE a.EARi'IlATER. FI..CRlDA 727 - :1)5 - 7100 r: AX 7.Z7 - 595 - 7138 m)'ersarcb@ix,netoomcom , AA -OOffi.161 ~ r- :;:: 8 . .""'-$" ""~ $EGTlo-l -,0, ~~\f' ~~, 'Ili:."".l6E.l!> EA5, 'l"'Nll'.LLA6 c.a;Hnr, F-i~PA ~x.<Wt ~,X X 110.6-2' (Pi 11t>_~' (H) :T Sl6N :z ~I ~ ). I ii ~ t ); ~ WG db -q ~ ~ . ,. .. ~ ~ 'V 0" ii "0 ~ ~ ~ ..c H/C. ~X--X-X i ~,"''' ~ * iI X---,o(. ...~,. ~ . i i " <i '" "0 -0 ce i () " '!ll'. ::EC'U "cO ~.O ~""'~$..'" ..-........- """ l.:&.6&' !1-tJ ...~'it!~Jf; ~,~t: A.. '~~Q.~~ ~~,.r... ___'''''".....~ - HA1(T ST'fEET ONEY"lAY II r\- 0510 I 20!30 50 EXl"ERlClR W6HllN6 PLAN !SG3Ie: I" ,. 20 ft ~ SITE UGHTING LEGEND .. (1) POLE lVlCUfTED I..I6!-fT .., (2) POLE ~reD USH15 . leG" ~ (2) POLE ~reD I..I6H15 . <V' o:i:. (3) POLE lVlQJ'NTED 1..16H15 . 1f>O' ~ (4) POLE MO.tIlEO l..I6If15 . 9EO" .. 6RGIVNO l-IO.INTW .-..ccarr 1..1Gt-lT @ cSRQJNO lVlaINreD UPI..I6HT 5POT E-1 NS"C FAGlLIlY FOFt MYERS & ASSOCIATES ARCBITB:'I1JllE AlA PA JAY F. MYERS 4959 OFE_1 REUGIOlJ5 COMMUNITY SERVIGES 9170 OAKHURST ROAD SUITE 38 SEMIIDLE. FLORIDA 0105 NORTH MYRTLE AVf!f-t,E c.t..EN!JIIfATER, FLOF!JOA 727 - 595-7100 FAX 727 -595-7])8 m)l:rsarch@'ix.netoomcan # AA -000346 J If) ~ ~ o . ~ RCSA Food Pantly . March 17, 2003 i rF . /.',,,i I 1 ~JJ3 .1~ LANNI;..", 'H _,. i '. ''.JTt.vQj ~I r( OF CI. E.Afr,V..W EA v The Food Pantry ofRCS is a non-profit feeding program that has been in existencesmce 1980. The primary function of the program is to provide food to households that are struggling fmancially to pay their bills and feed their families. Approximately 80-85 households are seen at the Food Pantry between the hours of 12:30pm-3:45pm Monday thru Friday and the 1 st Saturday of each month 9am-12 noon. Business Hours are 8:30am- 4:30pm. Our target population is the working poor, those on fixed income and most recently more of the unemployed. There are 7 employees and we utilize 20-25 volunteers in the day to day operation ofthe Food Pantry Program. The program is primarily donation based and is supported by 82 congregations in upper Pinellas County. Donations are usually received in the mornings via private vehicles. Twice a month in the mornings a semi will come to make a delivery. 700 Druid Road, West. Clearwater, FL 33756 Telephone (727) 443-4031 . Fax (727) 443-6874 rpantry@tampabay.rr.com iV- !JL Res Programs: Grace House The Haven Stepping Stone RCS Thrift Store RCS Food Pantry Parking Study: Monday through Friday between the hours of8am-12 noon there are 6-8 volunteers at the Food Pantry. From 12 noon to 3:45pm there are 18 volunteers and 80-85 clients who receive services within that time frame. Clients wait time to be seen is no longer than 45 minutes, therefore creating a continual flow of vehicle traffic. 60% of clients sta.ted that came with someone (carpooled); 20% came alone; and the other 20% use public transportation or bicycles as a means to access the Food Pantry Program. Deliveries are received during the morning hours and do not conflict with the parking clients, staff and volunteers. The RCS Administrative office has a total of7 staff and their hours of operation are 8:30am-4:30pm Monday thru Friday. We have contacted Nick Champlin Pastor of Faith Christian Church located at 303 N. Myrtle Avenue to request the use oftheir parking for overflow if necessary. We are awaiting their response. Thank You c2a~ lamia Austin Program Director (I Unltad WIly .S~ Y... E...., 1>..,. ~;Cliarwater -~ o~ . CA DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 11/05/02) ~ PLEASE TYPE OR PRINT ~ use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: Religious Community Services MAILING ADDRESS: 1855 South Highland Avenue E-MAIL ADDRESS: rcs-inc@mindspring.com PHONE NUMBER: 727-584-3528 727-587-7747 CELL NUMBER: FAX NUMBER: PROPERTYOWNER(S): Religious Community Services, Inc (Must include ALL owners) AGENT NAME(S): MAILING ADDRESS: 9170 Oakhurst Rd. Suite 33 Seminole, FI 33776 Jay Hyers Myers & Associates Architecture E-MAIL ADDRESS: Myersarch@ix.net.com PHONE NUMBER: 727-595-7100 CELL NUMBER: 727-430-4132 FAX NUMBER: 727-595-7138 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS of subject site: 405 N. Myrtle Ave. Clearwater, FL 33756 LEGAL DESCRIPTION: Included in Survey and Site Plan PARCEL NUMBER: (if not listed here, please note the location of this document in the submittal) 102915100440010010 and 102915225180000360 (also on Contract) PARCEL SIZE: (acres, square feet) PROPOSED USE AND SIZE: RCS Administration Office and RCS Food Pantry (number of dwelling units, hotel rooms or square footage of nonresidential use) 7000 square feet of office space and 7500 square feet warehouse and food distribution DESCRIPTION OF REQUEST(S): Deviation of height. Tallest point is 28ft. high. Eve heights 22 (include all requested code deviations: e,g, reduction in required number of parking spaces, specific use, etc,) ft for the purpose of using a forklift. ( See attached for more information) Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater p.- ~ ., . . Requesting deviation of 5 ft. from 25 ft. to 20 ft. on South side of building. Set back to provide clearance foom a large Oak tree on North side of building. Specif ic use is for Administrative offices and food storage and food d lst r i bur'ton. ~ " j {. '.. ... <~~-' DOE8~lHISN'PL.1CA11OH. IWQLVE THE..... OF DEVELOPMEHTRIGKTS(tDR).A~Y APPROVED PLANNED 1..1 DEYELOPMENt.OR APREVIOUII.Y ~D (CERTFED) SITE PLAN? YES L No _... eIIIICft acapy 01... ~.-. '*1:1 ii II) . .. .. ". C. PROOF OF OWNERSHIP: (Section ....20U) . o SUBMIT ~ COPY OF lHE rlTlE INSURANCE POt.ICY. DEED TO THE PROPERTY OR SIGN AfFIDAVIT ATTESTING OWNERSn'" (!Io" P-oe ') o. ~RmEN SUBMmAL REQUIREMENTS: (Section 3-913.A) o ~e complele responses 10 ... six (II) GENERAL APPlICABLITY CRITERIA - Explain ba. each crleria Is achieved. In dlllatl: ,. The proposed development 01'" land wit be In Ilamlony wIlh the scale. bulk. coverage. denslty and character 01 adJacenl prnperl1us ., which 1114 ~ed. The building in the area. will be similac. ~n licnle in comDarison too(bther exlstlng_hu.i..lLlJ.ngs The building will be a metal frame but the exterior facad~.wij I .1Ult appear to be as such. 2 The proposed developmenl wit not hinder or discourage the appropriate development and use of adjacent land and buildings or ~~JIlIIk;anlly , -..palt the value thereof. tli~ proposed development will be comDatiable with other developments ill th~__ ad1acent area. A new facility would not..dmpair the v.lIllle of ,"hI' .lIdjac.enLpr.up..P..r..t.y. .' :t J. The proposed development wlA not adversely affect lhe health or safely or persons reSiding or working In the neighborhood 0' Ihe I)IIJ1:osed No~'There are no health and safety hazards for the neighborhood. ... The prj:UlOsed devllloclm8f\,ltl designed to ntlntmlZe trafftc col'Q8sllon. Yes. l_urrentl]' clients seeking services carpool or access public tran::illurtat i01l, Our hour.~~)~ op~ration are: 8:30 am - 4:30 pm H ".:'__~_tl~_!.~~__~atur:day III l!ac.h ~h 9am - 12 noon. Administrative office hours are 8:30am -4:30pm M - P. 5. The proposed developmenlls conslstenl with lhe community characler of the Immedlele vlclnlly 01 the parcet proposed lor developmenl The il_r:..~il alon~Myrtle Ave North and South of the proposed project-1las-.s.~v~r:~L__ small bulldin2s that Drovide warehousing .lInd light indu!'ltri.<ll work 8. The dv'l9n 01 the proposed development minimIZes adverse e"eets, including visual. acoustic and olfactory and hours 01 operalion Imparl" on lIdJac.Jnt properties. ~ The ~ro\)osed bllilding will hI' .<I mpt"..l f....m.. but will not h.llv~ mpt.<ll ~idps L~i.11 .~~<,:ol~t~~p.~rary'_ design and stucco J decorative block and glass. 'rWu:~ l.::iUQ .._ unusual noise or smell associated with this projects hours of op~r.lltinn o Provldll complele responses to the ten (10) COMPREHENSIVE INFLL REDEVELOPMENT PROJECT CRITERIA (as aplllicabltli Flcplaln b52l! each crlterla Is achieved In detail: 1 1. The developmenl or redevelopment of the parcet proposed lor development Is otherwise impractical without deviations from 1M use. IntCln.lly and development standards. As. far as we know the only deviation from development standards. ilr~_::iuutll ~cr...ba.ck (5 f tJ to allow for clearance of large Oak tree to the North of bId I d i U&...lluJ ._. he~ihLol buildin2 28 it to peak 22 ft. eves to allow fork lift op.e.ratiuu. ~ ': ~ .' Page 2 of 7 - Flexible Development Appllcallon - Comprehensive InfiD Redevelopment Project- City of Clearwater .. ~ ~ANODE~PAOPERl'V.. T 1. sALE AND PURCHASE: ....., t!.. PIdrfdl l,_,c:iM~1 C&rIer :t. and..' R~I.... C__ulcy SenInL IlK. agnje to gel and buy on the terms and conditions specified below the property ("PI'operty") described as: ~~ Adcr88s: 405 N. Myrtle Ave,. Clarwater. n. !r L~ Description: PucellD IGn9/1!il104M4IOOIlOOIO .ad 10I1911S/12S11llOOOl0J60 to be rurther determined by survey. ! .. , . t. f 4 7" 8' g- la' 11' . ,. .. . ... . ~t .:') ,l)L) fJ? (~ L.&.C_. ("SeIer1 ("Buyer' 12' including all improvements and the foUowWlg additionai property: 13' oJ. 14' I~ PRICE AND FINANCING payable bv Buyer in U.S. funds as foHows: 16' 2. PURCHASE PRICE: $ 1115,000,00 5,000.00 Deposit received (ched<s are SlJ:Jiect to deardnC9) _pon ennt\on of seller ,___ by for Harrl~ .It CD::J:D.V =~rrow rEscrow Agerln Sig1allJt8 I d 17' 18' . l!l :./0' 21 <2' :./:\. "1 ~ .' (8)$_ (b) $- -- -- - 0.00 Additional deposit to be made by Effective Date. . _ _....ot.. _.cJclfS fmlll (el _ (d) $ _ _ u. t}\) Total Financing (see Paragraph 3 below) (exPf9SS as a dollar <:Irflount 01 p81cWld\ju) _. __._ll.UQ. Other: 2~' (e) $__... _ ..__J&OO~Q~t Balance to close (not including Buyer's closing costs, prepaid items and prortlliClfl:>). All funds :!!i pad at c10sllg must he pad by Iocc1Iy aawn cashier's chock. ollic:i; d ch.ll:" (. will i I f\llctz. :'6' 0 (f) (cOIJlplote only if purchase price will be determined based on a per unit cost instead 01 () lixed jlIIC'U\ The unit ,,7' used to determine the purchase price is 0 lot 0 acre 0 square foot 0 other (specify: ____. ._____.__J lB' pro.ating areas of less than a full unit. The purchase price wit be $ per unit based all a calCl~ation Of 29 tOlal area 01 the Property as certified to Buyer and Seller by a Florida-licensed surveyor in accordanco with Paragraph :10' 8(c) ollhis Contract. The following rights of way and other areas will be excluded from the calculation: JI' :.n' 3, CASH/fiNANCING: (Check as applicable) 0 (a) Buyer wit pay cash for the Property with no financing conla "Janey. 33' 0 (b) This Contract is contingent on Buyer (jJaIt,ing and obtaiing the camritment(s) or approval(s) specified below (thti "fflancing") wittln _ days from EffectNe Date (if left blank then Closing Date or 30 days fran Effective Dale. wIlichc1Jf.( occurs fll'st) (the "Filancing Period"). Buyer wi apply for FIl8IlCWlg withil _ days from Effective Date (5 uay::; illeft blank) and wiD timely provide any arld all credit. employment. financial and other informalion requ;ed by the lender. If Ouyer. af1t:l1 lIJing diligence and good faith. cannot obtain the Financing within the Financing Period. either party IIlUY ..ancellhi:i COlltrac\. Upon cancellation, Buyer wiI return to SeIer aI title evidence. surwys and association docU'f1Ul1b provided by Setter. and Buyer's deposit(s) wiI be returned after Escrow Agent receives Pfoper authorization flOm <:III inlE:.w::;ted palli% ~er wia pay alloan expenses. incIudng the Iender's title insurance policy. 0(1) New Financing: Buyer will secure a commitment for new third party financing for $__ _ . .____ 01 _ _ _ % of the purchase price at the prevaing interest rate arld loan costs. Buyer ,",~I keep Seller illY J Rrof<€>f fll"'1 inlormed of the loan application status and progress and authorizes the lender or mortgage tJrokor 10 discloSH all such information to Seller and Broker. o (2) SeDer Financing: Buyer will execute a 0 first 0 second purchase money note and mortgagfj t(I Seller in the amount of $ , bearing ann.l8I inter98t at _% and payable as follows: :34' 35' :J6 :17 :18 19 40 41' 42' 4:1 44 45' 46' 41' The mortgage. note, and any S9ClJ'ity agreement wi be in a form acceptable to Seller and will lollow lun ns generaUy accepted in the county where the Property is located; win provide for a late payment fee and acc(JlfJ.dlion at th~ SlI' ~LJ p,.o )mSeler~~~rea3PdacrpJof1tls~,....tdls Page 1 d 6~. VAC.6 10/00 C2000 I10rida Association of ~.T<nl. AI Rlgl1s Reserved 411 49 mSl ......... :::-:-: :;\ S:~ ... 53 ..., "I " 54 55 >6 ~7. 5'" mfi)llgag8f3's option if Buyer~S: wit tjNe Buyer the right to prepay without penaAy at Of part 01 tho plillt.itJ~ at ao~ : time(s) with interest ody to psyment: wiI be cUt on corweyance 01 ~ proWIe fer releasa 01 cGlligoous ~parcels. if appicabIe: and wiI . e Burw to keep ~ inst.nnC8 on the ~. with Sea. as a(/(jliutla' nemod ,"nsurell, Buyer authorizes SeIer to obtain credit, employment and other necessary inforrnatitlCl to determine ',creditwOfthiness for the fll8llClng, Seller wiI, within 10 days from Effective Date, give Buyer written notictJ .;1 whether a : not Seller will make the loan, o (3) Mol1gage Assumption: Buyer wiI take title Sltlject to and asstIm and pay exStilg first fTlOft~Jo to " :;~.r ' LN 1/ _u_ _____ in the approximate amount of $ ___ _ CUll Villi'! p~yable at 1'4" .$___ __ ___, por month including principal. interest, 0 taxes and insurance and havillg a 0 tixud 0 other I)!' (df.JscrihfJ) ____ -------- 02' interosl 'ate of % which 0 wi! 0 wi. not escalate upon assumption, Any variance in tile morlgage wi. he r" ,adjubted in the balance due at dosing with no adjustment to plrchase price. Buyer wi. puJd\ase Seller's escrow t;.l' :account doHar for doHar. If the lender cisapprows Buyer, Of the interest rate upon transfer exceeds % or thf-,; Ij.'i' 'ass'Jmption/transfer fee exceeds $ , either party may elect to pay tM excess, fiJiti'l!j 'Ahict. Ihi:; 00 agrAerT'ent will terminate and Buyer's deposit(s) win be returned. ..7 w/ CLOSING cil1 4. CLOSING DATE: OCCUPANCY: This Contract w~1 be closed and the deed and possession deliveffJd ("I 'ir before hR' _"'..111 tll'~iLJ l ~o, IOO) ,unless extended by other provisions of this Contract, If on Closing \);'111, insurancr, 10 underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance suspension is Iillud -' ~ " 5. ClOSING PROCEDURE; COSTS: CJosing wi take place in the cOt.l1ty where the Property is located c.uJ rl1uy Ill) condu:;ted 7? by electronic means, If title i1su'cn:e i1su'es Buyer for title defects arisi'lg between the title lXlder effective (late and recorOOJ of 1:1 Buyfin dElfld. cbsing agent wi. disburse at closi1g the net sale proceeds to SeIer and brokerage fees to Broker as p€f Paragmph /,1 11. In additi0fl to other exPffiSElS (:roVided in ttis Contract. SeIer and Buyer wiI pay the costs indicaled beIow_ r5 (8) Seller Costs: Seller will pay taxes on the deed and recording fees for documents needed to cure titll::i: certifi6c1, 76' confirm8d and ratified special assessment Hens: title evidence (if applicable under Paragraph 8); Othe,. 17' : ,H (b) Buyp.r Costs: Buyer will pay taxes and recording fees on notes and mortgages and recordi. \u leu:> f JI. tile deed '!l and fin~llcir;g statemanls; loan expenses; pending special assessment liens: lender's titlo polic.y iJl IIlu :-,il iluilaMOu~ >In' issue ,ate: inspections: survey and sketch; insurance; Other: - -' .') il't--o-- l' (e) Title Evidence and Insurance: Check (1) or (2): ef P I ~J{_u.. A;!' .~ (I) Seller wiH provide a Paragraph 8(a)(l) owner's title insurance commitment as title ovidE.'flCO_ MSeller yet WI' will :.;eIAcl 'Ita tille agent. 0 Seller 0 Buyer wi. pay for the owner's Iille policy, somdl, OXiJlllirlilflClII d rolated "4 charges. Each party wiU pay its own cto~ fees. ,,~' 0 (2) Seller will provide tille evidence as specified in Paragraph 8(a)(2). 0 Seller 0 Buyer will pay for ttlU (;<Nner's titln .4; policy and sulect the tille agent. Seller wi. pay fees for title searches prior to closing, includillg tax Sf)(J//:/1 and lien i-i~ searet I fH'3S, and Buyer wiD pay fees for title searches after closing (if any), title examinationl(.>()s mid de lSlIlS f~s, KI\ (d) Prorations: I he following items wiH be made current and prorated as of the day velore Closill!j I late: loll-II estalfl I!!/ taxes, interest. honds, assessments. leases and other Property expenses and revenues. II taxes iJnJ aSSi;:,slIlOnts lor .~) the cUllent year cannot be determined, the previous year's rates wRI be used with adjustment for any oxolnplluns. '11 (e) Tax Withholding: Buyer and Seller will comply with the Foreign Investment in Real Property lax Act, which may 9~ requim Seller to provide additional cash at dosing if Seller is a .foreign person- as defined by federal law 9-1 PROPERTY CONOrTION ~ 6. lAND USE: SeDer will deliver the Property to Buyer at the time agreed in its present -as is. contJition, willi cunditions qS resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the Jandsr.aping amJ U6 grounds ip a c:omparable condition and will not engage in or permit any activity that would malerially "IW, Ihl) PH)perty\; 'I{ condition withollt the Buyer's prior written consent. !'H (a) Flood Zone: Buyer is advised to verify by survey, with the lendor and wilh appropriatl:.l ~JOV(JII II III )111 '".II 'Ill :ie~ wltid 1 '19 flood lone tile Property is in, whether flood insurance is required and whal restrictions apply to irnptOvillCj lltt! l'IIJP(Jl1~' ..Illd 1r.1 rebuilding in the event of casualty, 101 (b), Government Regulation: Buyer is advised that changes in government regulations and levols 01 5f;,vic& which IC!2 a~t Buyer's intended use of the Property will not be grounds for canceling this Contrnct if the Feasillility Study 103 Period has elCpired or if Buyer has checked choice (c)(2) below. 104 (c) Inspections: (check (1) or (2) below) IllS' ~ (1) Feasibility Study: Buyer will, at Buyer's expense and within ~ days from ElloclivE:l Dalu (.f-ua~;ih~ty St~ltJy Ir~' Period.). determine whether the Property is suitable, in Buyer's sole and absdute discretion, 101 lOr -'J!!stitution.1 publk/semipublk use, Du-ing the Feasibility Study Period, Buyer may conduct a PI~eTelll.i'unrOent31 1118 assessment and any other tests. analyses. surveys and investigations (.Inspections.) that Buyer deems Ilocessar, 10 II!) determine to Buyer's satisfaction the Property's engineering, architectural and environrnenlal propcrtios: lOninfJ C;tnd '10' Buyer L _ J ~J ad SeIer tClJ tIlf.J ad<roMedge ~ of a a:py of 1hs P3Q9, wtDl is Page 2 d 6 Pc.'fti VAG-6 lO/IX; Ii'J2000 noliela AssociAlion of Al:ALl(JR;. AD Rlghls Reserved " !- --< ,-. .- ,., . , t ~ ,. ~ .. .'-"'. . ... I -:-'It '.. 7. RISK OF lOSS; EMINENT DOMAIN: If any portion of the Property is materially damagoo hy casuulty huh,,,) dosillY, or SeIer rJeqotiates with a governmental authority to transfer aI or part of the Property in lieu of eminent danaillllf."J(;eocIings, or if an emillent domain proceeding is initiated, Seller win promptly inform Buyer. Either party may cancell"ic; Contmct by written nutice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in accordallco with this Contract and receive all payments made by the government authority or insuranco CIJII1I,UIlY, if any. l~ TTTlE ;51 8. TITlE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, perS()f1<lIII:llIu~cntalivl::l IQ or guaraian deed as appropriate to Seller's status. IS! (a) Title Evidence: Titlo 9'11idenc9 will show logal access to the Property and marketablo lillo 0\ IUCllld '" Seller in 15~ accordance with current title standards adopted by the Florida Bar, subject only to the followill!j titlo UXCUI,liIlIlS, non€. of 15:;' which PHNElflt Buyer's intended use of the Property as 1.ltlhltlonal publldsemipublk .: coverunts. nasements Cs/1':1 156 restrictions of record: matters of plat: existing zoning and government reglAations: oil, gas and mirl()f(l' IkJ'II:- ')1 rocolJ if 157 '''' is no right of enlry: current taxes; mortgages that Buyer wi assune: and encunbrances that Seller w~I t.lischar~ Cl: ,-'" or &tae closing. SeRer wi. prior to ~. deliver to Buyer SeIler's choice of one of the following types of tiUo evidence. 1'i9 which rnuc;t be generally accepted in the county where the Property is located (specify in Paragrapll 5(c) tllo sekJcluu lti) type). Seller will use option (1) il Palm Beach County and option (2) in Miami-Dade County. "31 (1) A title insurance commitment issued by a Florida-licensed title insurer in the amount 01 file purdlwil: pri.;o WI.:I 152 Slbject only to title exceptions set forth in this Contract. Iii.! (2) An existing abstract of title from a reputable and existi'lg ~stracl fjlln ~f firm is nol oxislil~J. IIIUfI i1h;";K;llflu~t lit) 1M certili~Jd as COffeet by an existing firm) purporting to be an acc....ate synopsis of the inslllllllElllls uIfUcllll\II;Ul:1 to t1lfJ Ir.S PrOpuly rocmded in the pubic records of the county where lhe Property is located and certiliEld 10 t:lf(,1..tIVu Oulo. 166 However if such an abstract is not available to SeIer. then a prior owner's title policy acceptable 10 tho proposro instllElf !Fi7 as a base for reissuance of coverage. Seier wit pay for copies of all poley exceptions and an Updall:J ill a formal Hill acceptable 10 Buyer's closing agent from the poicy effective dale and certified to Buyer 01 Buyer's C:kJsing agen!. 169 together wilh copies of al documents recited il the prior policy and in the update. If a pt'ior poticy is nol Ctv'ailable to '10 Seller thon (I) aba_ve wil be the litle evidence. Title EMdence wit be deliver9d no lat<< than to days holoro Closing OCale. .'1 (b),Title Examination: Buyer wi examine the title evidence and deliver writterl notico to Setler, with.l ~I <Jays hom receipt t2 of title ovidenco but no later than closing. of any defects that make the title LflfTlarketable. Seller w~IIl(JVO ~in (lays frem I 73. 8uyerL-J~ em Selert(i...J( If A ~~ a a~O(Iha Pl99. vnne Page3d 6Pcxp.;. VAC A l",lX"J fJ2000 rkJrilflJ Assoc:llllloll 01 RfAlIUf,QlI AI Rights Aeselwcl .,. . "2 ',13 114 liS' 116 , , { \ 1 :. 1.7 II Ii IHl !"O 1:>1 I:.!:? 123 124 1;15 126 1;17 U8 :~'q ':10 , :11 t:l2 .' -' 1 I:tl' 134 ,:\5 l:lfI .:u 1 :18 1:19 , 11) lit 11:1 'J:J '11 1~5 - r 146 ~ 147 ;. lJO , 149 .; .. , ~ .. ( II.' .~ ." ., .. ;. J '{ .... .. .. .... " -~ ~ '~. t ~ r J .. ~ .?, ~. . . ., .. ~UI-rd .va......... ~~. ...-....,.., .......... 4111!!1:~JII'~I~ ~,~,~,.~ .~ .WI .--- ---t ...-....... -~-.,.~~T . utiities: consisI8nf::y with local, &tete IWld .egialMIi {jaoWthm8f18gerriisrit PEns: ~Iy of Jomils. !JG"emrnent . aPProvals, and 1c8nses: ~ In8pecIicJne Ihat Durer deems ~ del_mine the PI'I)fJtJIIy'$ dab8Iy fcr \he Buyen intended ~ Property nusi be, ftltllOnBd' Buyer.wII.~ \he rezcring ft~ the ~tt gowt'nmenl agencies, Seller 'NIl sign aI c:focUinenta Buy... i8 reqtMed to fie III connection WIth devoIopnent or , rezoning approvals. : SeIer gives Buyer. its agEWlts, conlractors and assigns. lhe right to enter the Property at any tioo WirxJ IIIfI t:eaOOiJit'l . Study Period for the pupose of conducting Inspections: provided, however. ttlal Buyer, its agerlts, cOllhactors :n.i assigns ellter the Property and conduct Inspections at their own risk. Buyer wit indemnify and hold Seller harml~::; frurn losses. damages. costs, cJams and expenses of any nat....e. including attorneys' fees, expenses and iat~ii\, incurrAd in application for rezoning or r.ted proceedings, and from lability to ~ person, arising from 1Il"J conduct ot 81'1'1 and all Inspections or any work authofized by Buyer. Buyer will not engage in any activity Ihat COt~d resull in a . constrUt.:lion lien being IHed against the Property without Seller"s prior written consent. If this transactiull tloo.c; 1101 . close, Buyer wiI. at Buyer's expense. (1) repair aI damages to the Property resulting from the InSp::lClions anU rehln the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller aM raports . and other work generated as a resllt of the Inspections. Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of whether or not the Properly is acceptable. Buyer's failure to comply with this Ilolic~ l!;tQuirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is" condilion. " the Property is unacceptable to Buyer and written notice of this fact is timely deivered to Seller. this Contracl will he deemed terminated as of the day after the Feasibility Study period ends and Buyer's deposit(s) wiH be returned alter Escrow Agelll receives proper authorization from aH interested parties. o (2) No Feasibility Study: Buyer is salisfied that the Properly is suitable for Buyer's purposus, illdl/dillg bcinO , satisfied thaI Elither public sewerage and water are avalable to the Property or the Property will tJU tJIJPfIJl/OO for Ih(~ .,lnstallalion at a weft and/or private sewerage dsposaI system and that existing zoning and other per1inent r~uIations ..and restrictions, sllch as subdivision or deed restrictions. concurrency. growth managemerlt untl 8nllironmenlal conditions, are acceplable to Buyer. This Contract is not conti'lgent on Buyer conducting any furthor i1wEl~ligations. (d) Subdivided lands: If this Contract is for the ptlchase of subdivided lands. defined by Florida Law a~ "(a) All''' CorltiguouS land which is divided or is proposed to be divided for the purpose of disposition into 50 or rnore luts. parcels. units. or interests: or (b) Any land. whether contiguous or not, which is divided or proposed to b() tlivided into 50 or more lots. parcels. units. or interests which are offered as a part of a common promotional plan.", 6uyer may cancellhis Contract tor any reason whatsoever for a period of 7 business days from the date on which HUYl.'r exocut(;~ this COlltracl. II Buyer elects to cancel within the period provided. all funds or olher property paid by Hu'/sr will he ref\Jnded without penally or obtigation within 20 days of the receipt of the notice at cancellalion by lll~ deveh ")fir, receifJl 01 Buyer's nolice 01 defects rec..ative Period1 to ClW8 the defects at Seller's ElXpeflstJ. " Seller (:utes II., defects wilhin the Curative Per~ wiI delver writt~ notice to Buyer~ties wiI 0000 tIlU lIatlSaCtioo on 178 ,CIOSirlQ Dale or within 10 days "'Buyer"s receipt d Selel"s notice if' has passed. If Seller i3,~ '0 cure the deleets within the CuratNe Period. SeIer wII deIHer writ., notice to Bujir and Buyer 'Nil. within 'G Jaya hoo\ receipt of Seller"s notice, either cancel this Contract Of' accept ti1Ie with existing defects and close the trausaf'lion. (e) Survey: Buyer may, prior to Closing Date and at Buyer's expense. have the Property surveyed and I.IIJ1r,er writtan noticE; 10 Seller, within 5 dayS from receipt of St1IV9Y but no later than closing, of any encrooctlfflCfllS Oil 11.0 PrOf.JU I.,.. encroadllTlCnlS by Ihe Property's improvements on other lands or deed restriction or zoning violali(JII~ .f\ny soct. encroachment or viotation will be treated in the same mamer as a title detect and Buyer's and Seller's ob~giiti0nr. wi be determined in accordance with subparagraph (b) above. If any part at the Property lies seaward of the coastal constructioll control line. Seller wi! provide Buyer with an affidavit or survey as required by law (\l:Jli(lfj(jtlrl~ the linE:l~~ location on II Ie properly. unless Buyer waives this requirement in writing. .74 1,S In .78 '9 . AI) 191 1!l2 IIl3 184 165 1/l6 MISCELLANEOUS 1117 9. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the dale on which the last of 1110 pi.lllltJ~ illitials ul lli/I signs the latost offer. Time is of the essence for all provisions of this Contract. All time periods expll:lssOcl a::; days '0\.;11 It''l be comouleu in business days (a "business day" is every calendar day except Saturday. Sunday and nCillunallagal ,go holidays). except for time periods greater than 60 days, which will be computed in calendar days. II an,! Jeadlino (ails on ~1 I'll Saturday. SI JneJay or national legal holiday. performance w~1 be due the next business day. All time [1eri. )ct~; Will .'nd at S:CO 192 p.m. IOC<lltirne (meaning in tile counly where the Property is located) of the appropriale day. 193 10. NOTICES: AJlnolices will be made to the parties and Broker by mail, personal delivery or e1eclronic (I1u(jia. 13uye:r':i 1'14 failll'e to deliver timely written notice to SeIer, when such notice is required by this Contract, regarding any contingenc~ 1~'5 will render that contingency null and void and the Contract wiI be construed as if the contingency did not exist. 1!)f; 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seiter. Except for brokerage 197 agreement 0;. no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. I~ Modificalions of this Conlroct wiD not be bindng unless in writing, signed and delivered by the party to llo hound. Signatur~c;, 199 initials, documonls referenced in lhis Contract. counterparts and written modificatirns communicated eleclrmically 01 on papa :.100 will be acceplable for aU purposes. including delivery. and wi be binding. Handwritten or typewrillen Imns illsertlld in \)1 201 attaChed to lhis Contracl prevail over preprinted terms. If any prOllision ot this Contract is or becomes invalid or utlellrorc~tJle. "02 all remaining [1lOvisions will conlinue 10 be fully effective. This Contract w~1 nol be recorded in any public rl-'l:orels. ,(13 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract wilhout Seller's WI iltell WII:'! ~1I1 1110 tar n 1:'; "()~ "Buyer: "Seller." and "Sroker" may be singular or plural. This Contract is binding on the heirs, acJlllillisllulurs. execut0rs. ?'lS persoMl representalives and assigns Of permitted) ot Buyer, Seaer and Broker. 'Oil DEFAULT AND DISPUTE RESOLUTION '<07 13. DEFAULT: (a) Seller Default: If for allY reason olhe' than false of SeIer to make Seller's titlo lll<.lfkoluhkJ "lIul ;1.;!,II'Jlt elloll. <illl Seller fails. roluses or neglects to perform this Contract, Buyer may choose to receive a retum of Buyer's UL1lC.lsil wittl<lIJt 2<)9 waNing tho light to seek damages or to seek specific performclnC8 as per Paragraph 16. Se4lerwil also be liable \0 Broker fo 2'0 rhe tJII amcunl of the brokerage fee. (b) Buyer Default: If Buyer fais to perform this Contract wilhin the time SP()( .ifilKI. inclodh"lg 711 timely puyrnent of al deposits, Seller may choose to retail and collect all deposits paid and agreed 10 lie paid U~ li4uidaled m d(i(J1age::. or to seek specific performance as per Paragraph 16: and Broker wiD, upon demand. receive 50% of all depo::.its m paid and CJqro{J(j to be paid (to be spHt equally among cooperating brokers) up to the full amount of Iho Ilrok(.JIilqll too. l '1 14. DISPUTE RESOLUTION: This Contract wi be construed under Florida law. AI controversies. dains. und olllel llIatter S in '<IS question ::llising out of or relating 10 this transaction or this Contract or its breach will be settled as follows: 71/i (8) Dio;putes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 3:) days from :1.17 the dalo conflicting demands are made to attempt to resolve the dispute ttvough mediation. If that fails. bcrow AgPf,t 218 wiN submit the dispute. if SO required by Florida law, to Escrow Agent's choice of arbitration, a Flo,j(Ja I:Ourt or th~ 219 Ronda Real Estate Commission. Buyer and Seller wi. be bound by any resulting settlement or order. no (b) All other disputes: Buyer and Seller wi. have 30 days from the date a dspute arises belweell fhet n Iu AlIompl to <<I resolvfJ litH rnaller through mediation, failing which the parties will resolve the dispule throuqll lIoutral bindin9 2<2 artlltration \11 the county where the Propefty is located. lne arbitratOf may not alter the Contract termti 01 a'lIard nny 2<1 remedy not provided for in this Contract. The award will be based on the greater weight of thl:l eviclullce and ..,."ill 2:'4 state fillc.Jin<js of lact and the contractual authority on which it is based. If the parties agree to use rliscuvery. il will 22~ be in Ciccordance with the Florida Rules of Civil Procedure and the arbitrator will resolve all di::.ccwerY-It:llaled 226 disnures. Any disputes with a real estate Hcensee named in Paragraph 17 wi. be submitled to arbitration nnly if tl1f1 '2' Iicenseo's broker consenls in writing to become a party to the proceeding. This dause wi survive closing. 226 (c) Mediation and Arbitration; Expenses: -Mediation- is a process in which parties attempt 10 resolve a dispute by Ul submitting it to an impanial mediatOf who faciitates the reedution of the dispute but who is not empowCfo<.l tu lI'lJJOSO u ZJO settlP.fTlent on Ihe parties. Mediation will be in accordance with the rules ot the American Arbitration Associalion ("AM") 2:11 or olher mediator agreed on by the parties. The parties wi. equally dvide the mediation foo, if i.lIIY. "Arbilrullon- i~ a 2:12 process in which the parties resolve a dspute by a hearing before a neutral person who decides Ihe maltf:lr and whO-5t:l '\.1 deciSion is binding an Ihe parties. Aibitration will be in accordance with the rules of Ihe AM or other arbilmtor t'tgreAd ~J" on by Ihe parties. Each party to fMly arbitration wi. pay its own fees. costs and expenses, including i.ltlorneys' 1009. and :;:15' 8uyerL )~CfdSelerCI!-JJl..J!J~~otacqJyotths~.....trllG~4(l fiPap'i VAC-6 10/111 ~2000 rkJnda Assooation or R~IU5~ All Rights Re!IeIVed "'.lli will 1..>fIlJCJlIy spit the arbitrat<JIWees and administrative fees 01 arbitration.. civil actio.. tu OIlIt.ll(;fJ all iwLilr8liCI. 'l37 -eward. the prevailing party'" 8f'bitration shaI be entitled to recover the nonptevailiug p..,ty rt.~on8bllt :':':11 :8ttOfnAVS' fees. costs and expenses. Zlll ESCROW AGENT AND BROKER <'40 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hokJ luKJs alK.l u;'I(,* ilern~i if. 14. esaow anu. subject to clearance. disburse them upon proper authorization and in accOluance willi lho 11.11ll~ of Ilti$ "42 Contract, indudiflg disbursing brokerage fees. The parties agree that Escrow Agent wi. not be liatJlo 10 IJIIY person f", J43 misdelvelY 01 escrowed items to Buyer 01 SeIer. unless the misdeivery is due to Escrow Agent's wilful hreach IlJ this ;!~~ Corlract or gross neglgence. If Escrow Agent interple8ds the subject matter of the escrow, Escrow Agent will pay tho :!4S filing fees ann costs from the deposit and will recover reasonable attorneys' fees and costs 10 be paid irum tho "46 esaowad funds or equivalent and charged and awarded as court costs in favor of the prevailing part~'. All claim!: 2~7 ag~1 Escrow Agent will be arbitrated. so long as Escrow Agent consents to arbitrate. 2~8 16. PROFESSIONAl ADVICE; BROKER UABIUTY: Broker acMses Buyer and Seller to verify all facts and 'eJJt'a:iI~'ltation,; <149 thatare important to them and to consUl an appropriate professional for legal advice (for example. illterpreting contracts. 1"0 dotQrmininq Iho effect of laws on the Property and transaction. status of tille, foreign investor reportinfJ IOqUirl;/nerltS, &tc , ",I and for tax. plllporly condilion, environmental nnd other specialized ndvice. Buyer acknowl(.~Jqos 1l1i.1 HIlIK'" d()~& ,",I ..~,~ reside III 1110 f'ro~erly and that all representations (oral, written or otherwise) by f::lroker alo ua~t:d 011 Seller "'').1 representalions or public records unless Broker indicates personal veriflCalion of the representation. Buyer agrees to rely ~..... solely On Seller, professional inspectors and governmental agencies for verification of the Property condition anet fact::. l..,5 that materially affect Property value. Buyer and Seller respectively will pay all costs and expenses, including rro::lOfiClbl.:: lSfl allomey~' lees at all levels, incurred by Broker and Broker's offICers, directors, agents and employees in cOnl.oction with J57 or arising from Buyer's or Seller's misstatement or faikJre to perform contractual obligations. Buyer and Saller f)'lld :.!~ harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loes VI' darna~fl ?';Il based en (1) Buyer's or Seller's misstatement or failure to perform contractual obligations; (2) Broker's performanr.e. at <60 Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 475. FS,. as ftmended, .fil including Hloker's referral, recommendation or retention of any vendor: (3) products or services provide<ltJY any vencil)r; 262 snd.(4) e)(~ensos incurred by any vendor. Buyer and Seller each assume full responsibility for selbc:.ting and 263 compensating lheir respective vendors. This paragraph wil not reieve Broker of statutory obligations. ~or purfYl')e~ ot1tlis 21\4 paragraph, Broker will be treated as a party to this Contract. This paragraph will survive closing 2fi5 17. BROKERS: The licensee(s) and brokerage(s) named below are COllectively referred 10 as .Brok~I" Seiter and Buyer 1b6 acknowledge that the brokerage(s) named below are the procuing cause of this transaction. Instruction to Closing Agent: 267 Seller and Buyer direct closing agent to cisburse at closing the fIiI amount of the brokerage fees as specilill<.1 I) separatu ~ brok8rage agreements with the parties and cooperative agreements between the brokers, unless Brok~ has rl;ltainoo such <1-09 fees from the escrowed funds. In the absence of such broker~e agreements, closing agent will disblll SO Ilrn"oraoe fees ao as ind"lCatoo below. . ;:". Hurls &: eoulpany 272 Reel &tBI..Uc9tlSIlfI 273" Mlnhall S. Harris d~" Droksr l8rr>krval,jH "'e' ($ or % of Purchase Prce) !7S' s ~' 7" fl~ ~pt Duttereally.com Reel Estate Ucsnsee Georl!e Hunt _ _______ _ _ _ ___ ) BroI<srl Brokerage fae: ($ or % of Purr:JItIS~ PfH.Hl__S_L.L._{jlt fJ / ---- ____ - _9~___ U6 ADDITIONAL TERMS mo 18. ADDITIONAL TERMS: \Lvo.) 278' II " (J ?1'1" Due dlllK'="'': find ,Ju~"IK ~1'ilJI be ~,,'c..dcd \;u.dC'.....u. .'Ieu.al) >>UbJ~1 IV h~u.JlI:'C' VI bulldl'l); I'l:'l ...,,~ .lIul a..: ("I., II illIClq (:I ',..~' 1A(J" .htr; ~~..;. '&:.:1 t'W;,".;t~ ru. II..; Bu.1~'~" ~..(....d~d ...~.. .~. ..v.. ...vlU fuvd d:..l. ;t~..llu.. ......t.... :'810 (I'Pi~~ 0; tp /JI ;u..) ',/l:!" Seller ~hall provide Buyer within five (5) days of execution hereto, u.l"b..1 documen{( ~s to environmenlats, surv~ys, studies, !R:l. ap~r.lsals, p~rmifs, and any other d(xulII~nf.tion In Seller's possession retated to said Ilucel. orl!Jiori'S tfl o..~ p((IV'(ll'!(1 ,,04' ~t. p.10S;(1:}. C/' T)'p ~",-----' 21l5' ~ 200' J1l7' ~8Il' ~8!l" I ~90e ~ " ,,91" ~92' /' 'l;lT 'J'" :95' BuyerL. )~ ad SeIer! r-fO } ~ ocfq'UWledgEH~ of a<X:V{of lhs r:age, Yh:h is Page 5 of 6 P..p;, ,II VAC,S 10/f.() f:l2000 rtoricla Associalioll 01 ~loml\D All Rigl1s Paserved ,; 2>l6" ~' :19R' e . 2(l8' 300" 301' :lO2' :J03" :l(14" ;xl'} . J06" :lIl7' :!lIB" :Jfl9' 310' 311' 312' 311' :114' 31';' :116" 11;- 318' '1\9' J2U' '1", l<<! This is inlended 10 be a legally binding contract. If not fuly understood, seek the advice of an att~y prior to signilYJ. i2:J OFFER AND ACCEPTANCE .124' (Check if applicable: 0 Buyer received a written real property disclosure statement from Sener belUfe maku I{J Ihi~ ( )11(.1'.) '125 Buyer OllOl:; 10 purchclso lhe Pr~erly on the abO\l9 terms and conditions, Unless. tt~~ra is sKJlliJU Ilv Sellcr U~KJ C1 .12b~ cq:If deliveleU 10 Buyer no later than S:OO PM 0 a.m. i2I p.m. (Jl JaauI 1 201)) n' 1I1Is l;rltll wlllllf, :J~7 revoked and Buyer's deposit refu)ded 0 C of ~l 3211' Uata: J J J2 / a 3 Buye . ~ Tax JD/SSN _ __ ..______ :J:!9' t.;- Pmt name: Ronald DI..kmalL 1l'.1lH'lltlvl! DirHfnr J.IO!' Phone: (7271~H4-J52H J:J..'l' Fax: J1..27) 587-7747 Buyer: Pmt Ilams: Address: lax ID/SSN: tlO' Dale: :I.Jl' :l:W Dale: J;\S' Seller: 18SS Hlehland Ave.. S Clearwater, FI. 33756 r.f fak;t B I.n~ {iu;v p L~~ Tax ID/SSN: ;it;;. '11LJdlL Print name: :tlO- Date: Seller: .1:,7' PrW" nama: Celia Patrick ,nE\" Phone: Jli71442-H44H Address: 1854 VeRetllR Point Dr.. Clearwater, FL ._ _ . ... . _ _ __._. ;::~ ~~Ier counters Buyer's offer (to accept the COUlter offer. Buyer must sign or initial the counter oHafed lams and dbliver (} :11 '" Cq:Jf of the acceplance to Seier by 5:00 p.m, on Jlnuary 13. , 2003 l. 0 Seller rejects Buyer's a Her. Tax ID/SSN: ~~Zq _'J~tj~ (/~ 1~2" Effective Date: ~I'l. :Z.~ 2003 (The date on which the last party signed or initialed acceptance of the tiM' offer.) J4:)' ~ ~ l. _) crd SeIer fl?eJ Lffi ad<rcMfedge ~ cI a ~ of !tis page, wtich is Page 6016 PCJges. hFlallda As.'tocilliun 01 RIW.1IOAI .nc:t bell &o.df~"" 01 ~.... no ~lIIIloo, . to..1Iu-t lIIIIlIIv 01 ~ DI ant pnMIIion Dlltlis ""III .. allY lPec.ic .......L ThIs slIUldIIldlred lrJnn!hauldnac 1I8 UI8d In ClllII1pla ,._lIot. or wllh........., or8ddlllala "'* IrJnn I....... tor~ by IIle anlln.... ~to nlll:,lry n 11IlOl "*'dId 10 iIenIify"'- _ a ~ ~ III . .....1aNd coIlIclllte _,.tl-,jf"" IIl8IllIllllImY be.-f ~ by ,.. ..... ~ Whllll" IIIembeno .., Ih. ....llllnII ~JatIon 01 "'-ftlf& .nc:t who IllbIl:/I)e to lis coca 01 ElhIcs. n.~ lftws a Ihel;1II8ll SIaIes /17 u.s. Cocilt btlI:ll/le l.nIlMDnd /WP'lX1.l::l1II 01 tB1t brra llV .., ,,-. ~ lac&ml8 a ODr1lp1.18r1Nll b"" VAC~ 10100 C2000 norida Association of faLTtHiCID AI Rights Reserved ~ 2. TIM d_.Ia~" or tile.... ...~ for de Ik\tMMftI... --..a,....t... .....ITa,Jn ... P'aIKI 0I...........1nft1 pnIjlIct wlI not ntdur.e 1M fair I'MIIleI .,.... 01 ~ pIopeIteL (Include tile ........ __ 01 .. ... .... lie ~ -- 01 1M lie .... lie lnlpnW.....nI..) $185.000.00 for property; $8009000.00 for building and. improvem':!.~-Es._ J. The uses wilhln lhe comprehenslYelnlllAldevelOpmenl p'oted are oItIelWlM pennllted In the City of Cle_a1er. y~~~ thp prnpn~p~ development is p~rmitt~d in rhp C-ity nF Clearwater. .. The uses Of mill of use within the compreh_1ve lnlll redevelopment prefect .. compallble wllh ..s)8cenlland uses. Administrative offices, food distribution and food stora2e is compatible w~~the -ildj.a.c.ent land.. use_ 1\ Suitable sites for developmenl or redevelopmenl of lhe use. or mill of .... within lhe comprehenslYe Inn. redevelopmenl projeCl ant nol oa.-Ise available In Ibe City Df C....-aler. THe proposed Slte 15 tne most appropriate geographical location for the cll~n~__ base that will be serviced at the facility. Our service area is Northern Pinellas County. 6 The developmenl of 1ne parcel proposed fOf developrnerll as a comprehenalve Inn, A1developrnenl prated will upgrade the Immedlale vK.lnily of II'\e parcel propqsed for developmenl. Yes. It wlll aesthetically improve the vicinity of the neiihborhood. 7. Th. deakJn of ltIe proposed comprehenatve mill redevelopment prated crea... a tonn and function that enhances the communlly character ,I' !he Immllldlale Ylclnlly of Itle parcel proposed tor development lInd !he cay 01 Cla8IWICer .. a whole. The proposed developmp-nt will hp- a rlpan dPRign that w1ll hp "nmp~tiahl~-5U~.~L _.t..b.fLa.~jarpnt hllil~ingQ Landscapini will h~ a~ natllral a~ pn!'ll'lihlp and compliment the existin~ tree canopy_ 8. Flexlblllly In regard to 101 width. required setbacks. heigh! and off-street pattling are Jusllfled by Itle benefttsto community character and lhe Immedlale vicinity of Itle parcel proposed 'or development and the City of CIa_aler as a whOle. To make the buildini function aR it ~hnllld. we need enouah square footage to enable us to have sufficient room to maneuver a fork lift to move oallets of food. 9. Adequllle olf-slreet perldng In the lmmedla18 vlc:InIIy according lID the shared parttlng fonnula In Division 1. of Ar1Icle 3 will be available 10 avoid on-street parttlng In Itle Immecllele vtdnlty of parcel propo...s fOl deW/opment. There is not a need to share parking with th" RlIrrnlln~ing f"'''iliti91i1 We he~_ that we have sufficient parkin~ at the proposed development. 10. The design of all buildings complies wfth lhe Tourlsl Dlstrlcl Of Downtown Dlslrlcl design guidelines In Division 5 at Article 3 (as appllcat..IA). Use separate sheels as necessary. N/A Page J ot 7 - Flexible Oeyelopmenl Applicallon . Comprehensive InfiU Redevelopmenl Projec:l- Cily ot Clearwale, E.. SUPPLEMENTAL SUBMITT. QUIRI!MENt8: (Code SectIon~) . a SIGNED AND SEALED SURVEY (IncUIng......~ ~ 1IftII*IY)- One......... ....12 oapIIe; Q TREE SURVEY (lncIUelIng............ Oft'" .... __ U' ~ 1M _........ by..... ... (D8H 4- 01....)..... 1oc*IDn. InQIdIng dr12 lines ancIlndUdng ..... to be NmoMd); a LOCA TICN MAP OF THE PROPERTY: Q PARKING DEMAND STUDY In c:DIlIUndIDn wtltl . ..... to meIaI cMvtellaM to IMI peIlIlng .......... (III. Reduc:8 number 0' apacea). Prtor to lie aubmII.eI of "* apcIlIcMIan. 1M metIlOdoIogy ~ auch IIudy .... be 8PPftI"d by 1M Communly DewlDplMnl CoOIdIneIOI and ahell be In ac:cordence wtltl ecceC*d IrIimc ~Itng IPldplea. Tile IIndIngS of 1M alUdy" be UMd In de..nnInInCI wIlelMr 01 noI devlellona to the parking atenderda .. ~; Q GRADING PLAN. .. apclIcable; Q PRELIMINARY PI.AT." requhd (Nole: Buldlng perm" wit not be __ untIlevldence of reconSlng. ftn8I pial" provided); Q COPY OF RECORDED PI.A T. .. appllceble; F. SITE PLAN SUBMmAL REQUIREMENTS: (Section 4-202.A) C SITE PLAN wIlh the tolIowtng Intonnedan (not to uC*d 24. I Jr): All dim_ions: Nor1h arrow; EnglnHrlnG ber Kale (minimum acele on. IncI'I ~ 50 ....). end da.. p..pared; Locaaon map: Indu sheet ....renc:Ing Indlvldut Ihee.. InclUded In pedlage; Footprint and m. ~ II EXISTtNO buildings Me! aIn.IcIuNa: Footprtnl end III. 0111 PROPOSED bulldlnp end Muduree; AI requftd Hlleclla: All .xlstlng end propoaed poInIa 01 acceu: All reqt*ed .lght *110"'; Identification 0' envlronmenUily unique ..... .uch .. welerCXlUfM.. wetl8nd.. tree m...... and .peclmen t...s.lncludlng daCltptlon end IoC8don 01 undenlory. ground cov.r vag....lon and wlIdllfe haOlta... ete; Location of .11 pubIC and prtwt. ....men..: Loc.1Ion of all "Nt rtgtIta-of-wey wltI*I Me! ecl)ecenllO 1M lite: LouIIon of extalln9 pubic end ~ ~ Inc:IUdIng lire hydnn". IlOrm end ..nbry Iewet' linea. menholea and 11ft .Iallon.. gas Ind wel. lines; All perlltng apace.. clrtveweya. Ioedlng ...... end vehicular UN ...... Inc:IUdInO hllndlcapped spac..; Depletion by ahedlnO or ~ oI.......ed J*Idng lot IIUrtar ~ .,...: Locedon of .11 sold w.... oontelMra. rwc:ycIIng or treah handing ..... end 0UI1lc1e me~ equtpmenl and .11 required screening (par Sectton 3-201(0)(1) and tndex 1701); Location of all Iandacepe met....; Location 0' .11 Jultedlctlonal .... ed)ecen11O wett.nd.; Locallon of a. 0.... end offaIIe alDrm-wal. management faclllllea; Location of an oul.doOt lIgtlllng fbduN8: end Locallon of all e.lIng .nd pcopoMCI aldewalka C SITE DATA TABLE for exletlng. required. and proposed development. In wrlltenltabular (onn: Land a..a In sq.N fNt and ea..; Number of EXISTING dweIIng un": Number of PROPOSED dwellnO un..: Grou floor area devoted to each UN: PertdnG apacea; IDtaI number. pruented In ....... torm wlth the number 01 reqund 1paCM; Tolal pfted "'.. InclUding .. paved ~ IPIIC88 end drtvftraya. ellpf'ftHClln .que.. feet and Pefcentag8 of the paved vehicular ar..; SIZe end spec:lea 01 II IancIac:tIpe met....: Otllcl8l record. IlooIl and page numbera of .. extattng utility ....ment; Building .nd atrudl6e heigh"; Impermeable .urface ratio (t.S.R.): and Floor area ratio (F .A.A.) for.. non..aldentlal use. Q REDUCeD SITE PI.AN to scale (8 ~ X 11).nd color ..ndeqlf pos.lble CJ FOR DEVELOPMENTS OVER ONE ACRE. provide the fotlowtng addlUonallnformellon on .lIe plan: O"..foot CXlntoura or apot elev.uona on a.e; Offlllte elevellon." requlfed ID evalUate the propo..d atormw8ler menagement for the parcal; All open ap.as .....; Location of .. earth or weter retaining we.. and ..... berma: LoI ..,.. end buldlnO linea (dIIIItInIIoned); St,.... and drtvee (dimensioned): Buldlng .nd struc:ttnI Htbadla (dlmenaloned); Strudut81 ovemanga; Tr.e Inventory; ptepe..d by..cet1Ifled artlOftal". of all tree. a- OBH or gr....r. ..fleeting sIZe. canopy (drtp 1In..) and condlllon of such Iree. Page" of 7 - Flexlble Development AppllcaUon . Comprehenslva Infllt Redevelopmenl Project- City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUlREIIENTS: (SedIon 4-U02.A) Q LNIOSCAPE PLAN: AI..__....~ .......; N..... 01 ....... .....; 0MIMQe"" ~ ......1ncIudIng ....... aide aIaIMS and bo8om ....,.tIoIW: 0eInNIlln .... cIIIIenaIan. of .. ....... pertmeI. \endaC8t)e bufIMS: SIgN""'" .....; 0eInNaan .... dInIeMIClM 01.. perking ......1ncaJd1ng ~ 1IIMd. and curbing: Proposed _ ,.....nd p.rtdnI.....; EllIIIIng..... 0IHIe _ ~ ed"'lo the .... by ....... IIze and 1oc:alIoM.1ncIudInG ~ (ulndlc:Med on NqUINd ... aurwy); LocIIIon. .... ~n. ~ .. quenIIlea 01 d exiling .. pIOIlOMd 18nd1Ql)e............ Inc:Iudlng botMlIc.a and cammon ........; Typal........ ..... for UHe. palma. llVUba and ground CIWW ...1nc:IUdInQ 1netIUC:lIoM. sol...... ~ muIdllng and pcGC&1M I'IleUIftS; Intertor -ndaalPlng ..... halcNd anelIor llladed and labeled and IrUrIor landlCape cover.. ellpf'Mllng In bdh equare feel and perc.nlllge covered; Condtuone of . prftlOUI d.veIopment .pprov" (e.g. condItIonS tmpoMd by the Community De~ Board); Irrtgallon not.. Q ReDUCED LANDSCAPE PlAN to IC8le (& % X 11) (colOr rendeftng If poaIble) Q IRRIGATION PLAN (NqUIred forlAwl Two.nd Three _lIcetlone) Q COMPREHENSIVE LANDSCAPE PROGRAM appllcMlon. .. applicable H. STORMWATER PLAN SUBMmAL REQUIREMENTS: (City of Clearwater O.slgn Criteria Manual and 4-202.A.21 ) Q STORMWA TER PlAN including IIle followlnO requlrementl: Exlltlng topog,.phy extending 50 I... beyond .. property lines; PftIPOMd grading including IIftleMd floor ....,.ttona of .. llNdurel: AI edl8Cent Itr... and municipal aIorm I~..ml; PfopoMd ItIH1'nWIIler de..ntIonhIenlon ... IncaJdlng top of bank. toe of llope and oUlIet controlltfUCtu,.; Storm..e, calculMlOM for........... and wilier qually; Signature of FIortda ,.terad ~ Eng.... on" pia" and calcua.nonl Q Copy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWfWMD) PERMIT SUBMITTAL (SWFWMD apprO'l" II reqund prtor to ..uance 01 City Building Penna). " appIlcable Q COpy OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, If appllc:atlle I. BUILDING ELEVAnON PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Reqund In tne event.. applcallon 1nc:Iud.. a development ..... deaIgn Ilandaftll .re In ..US (e.g. Tau"'t and Downtown Dllltrtcll) or .1 part of a Comprehen.,e anftl R8clewtopment f'toIec:t 01 a Realdentl8lln. fInlIed. Q BUILDING ELEVATKlH DRAWINGS - .llIcIea 01.. buldlngs Inc:IUdInO height dlmenalOna. colotI and 1'IUIl..... Q REDUCED BUILDING ELEVATIONS - four lid.. of buldlng wIh colotI and l'IUIl.rIIla to IC8Ie (& % X 11) (bIIdI and while and c:olOIrenderng.1f poeaIble).1 required J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) Q AI EXISTING freestanding and IIlt.8dled Iig..; Provide photographs and dlmen.1ons (.rea. height. etc.). indicate whether ltIey will be removed 01 10 ..1MIn. Q AI PROPOSED r,..allnd~ end I\lt.ICh8d ligna; P,OYIcle detail IneUdIng 1ocItIon. lI%e. helght. colOrs. m....... and dr.wIng Q Compraflen"'" Sign PIOlI,.m _IIceUon. .. applcMlle (up..te application .nd f.. req,*ed). Q Reduced .1gft8QS PfOpoael (8 % Xii) (color). If lubmlttlng eompreMn8l'tl Sign Prog,.m applcllOn. Page 5 01 7 _ Flexible D.wlopmenl Application - Comprehen"e InN Redevelopment Project- cay of CIa.....I., ,Q L SIGNATURE: .. lIle ......... ~ lMt aI ..-atIoM rude In .... ~ "*'-'\ .. .. and ___ to ... ... d my ~ and au8lClItn CIty 1'lIsn-~ lio vIIIt and I)ftotOgraph !tie property deeaI)ed In .... appIc'aacln. ~srAft c: "':-:;:V:':-"':' AS.... ~ day of A.D. 20.1l..3 to me illtldJor by a4. . wtlO '- peflCllaly Ialown ... UCId L1A~ JU~ ~ _ ............. C?~~ SlgnaIure at propelty owner or rep,...~ NoI8ry puI)lIc, My commission expires: ~a\ ........... ,JJ.) _C-- . J1lnMt41r2 - e..-. S-.1lCw 15. 200e Page 6 of 7 - Flexible Oevelopment Application - Comprehensive Infill Redevelopment Project- City of Cle...water J't, -Z: .' ,r " X,. . . fi> ~. ,:~{ .,~, , ~~ - II. AFFIDAVIT TO AUTHORIZE AGENT: Reliaious Carmunity Services, Inc. (Names of al property owners) 1. That (I amlWe ani) the owner(s) and rec:on:Illlle hoIder(s) of the following descrfbed property (address or gene.... Iocallon): 405 N. Myrtle Ave., Clearwater, FL 33756 2. That tnis property constitUtes the property for which a request for a: (desCribe request) To build facilitv that will house the ReS Administrative Office and The ~S Fcx:x:i Pantry. 3. That the undersigned (haslhave) appointed and (does/dO) appoint Archi tecture ,Ti'lY Myers of Myers and Associates as (hisnhelr) agent(s) to execute any pelltlons or other documents necessaty to affect such petlion; , 3. That tnis affldavtt nas been executed to induce tne City of Clearwater. FIor1Cla to consider and act on the above descr1bed property; 4. That tne applicant acknowledges that an Impact fees (pam and recreation. trafllc. etc.) will be paid PRIOR to the Issuance of a tlulldlng pennlt. certificate of occupancy. or otner mechanism. whichever occurs first; 5. That sll8 visits to the property are necessary by City representatives In order to process tnis application and tne owner aUltlorlzes City representatives to visit and pllotDgraph tne property described in this application; 6. That (I1We), tne undersigned authority, nereby certify that the foregoing is true and correct. C?~~ Proll8rty Owner ReS Executive Director MY COMMISSiON # CC 820711 Property Owner EXPIRES. Maretl24,.2I1ll3..;g; OF FLORIDA, !IilJ!IIrI" .!.I;-. IrJ. .oof-'i =*: :*: ~~. ''lI "~,.i.;\O~~ .'''.I'~ ~~ S~SAN L. GIBSONS COUNTY OF PINELLAS Before me the undersigned, an offtcer duly commissioned ~ the laws of the Slate of Florida. on tI'Ils \ tt't\" day of ~ r.-('lo( ,!1 CO "3 personaly appeared ~ C l"\ .... \ do. w . '":t:> ~ c k: yv\ ~ "... who having been first duly sworn Deposes ani says that heIshe fully understands the contents of the aflldavtt that helsne signed. .-A My Commission Expires: ~C~ ':!- -~~\e~ Notaty Public S:\PIanning DepertmenMpplication Forms\development 11I111ew\2002 Fomlslcompt9h~ infil/ application 2OO2.doc Page 7 of 7 - Flexible Development Appbllon . Comprehensive Inlll Rede_Jopment Project... cay of CINIw8Ier . ~1:10J;!;Q_ '0Y+l~~ 24; ~H. l!lt~~ ,!J EJ...'flT ~!t-~.L.J$ CGtlN:T'r' _ FLOI'lOA . """.. """-"-.-._.-.",.,.~,~,.- 41 MAR 1 7 2003 5 x nli'- ,iJ SI6H ;i,,~ rll l1'f ~ ~ :z: 425(P) '" ~ " E I ge t. .. " " .. ~I ~ ~ 9; 'I!l ~~ -1 ~' ~~~ "''''"- ~c.e- A.. ..-~~~ .Ql!l~"""""""""""'"'''''''''''''''''' HART 5I'RE!ET ~ ~E YiAY SITE Pl...AN 5Ga1e:; I' = 20 ft S~..tl.!W::;~O' ~ ......-."""~..~,_.."'_.- ~_...~_...- .'._-.._;~ ..,'~..._....~-. i " " .. ; f. p1":1 r'!: ~ ',', : J ~-_,,- ~ ".li.a ~ *~ e ><.--x-x q NOTE: P~~IGE> . LJ+l1D5GN'E lSl..foM:) Mo.e:> TO s..-.'d: 6O(X) ~ x~ . S i 10 i Q .s .. ~ ~ 11 ~ . ~T .... ~ i:R.1~": 'Sl~'m!lllll! -~'. ~l~ . -;"::> ~ r'.- I O!>1() ...., ....., so A-1 tEr'l FAaL.lTY FOF!. MYERS . ASSOCIATES ARCBll'EC11JRE AlA PA JAY F. MYERS REUGIOIJ5 COMMUNfT"( SERYIGES 9170 OAKHURST ROAD SUITE 38 SEMINOLE. FLORIDA 4959 OF A-3 40'S NOF7.TH MYRTLE AVEl'tJE GLEAFi'Jl'4A11:'R. F~'" 127 <'ll5 - 7lm FAX 721 -595-7138 m~r_ch@lixJJeloom.can , AA -000346 t en ~ ,.... :is o ~ l= ~ i III ill I ~ I I- ~ , ~ \1)- I ~ ~~ > , ~ 11- l-- ~ii III .. :~ ii: l; '" .. . ~ l'; ~- IL " I I 6 i ~ l= ~ ~ ~z ~. ;z 1 '" " >- ~ ~~ ~i'i .0-"" .t>-B: ,,~~ .. . , I I ~l I IS' I I ~'l I >rl, 2'_ ~I ~ ~~ : t, ~ 6OILLilOO ~ ~ IL ";l ffi ! 'i81 u.:~ ~ ,. ~ .. ~ ~ 1:1 " ~6!~ r i! ~ e '" ~ f I; ;, ~ " 1;; ~ '" ... ;:. 2 8 ...tj<: ;~~ '" - ~ ., n ~ ~ ~ I ~ ~ ;Z ~ ~ r; ~ ~ "- ~ ~ 8 i ~ - j! ~ \!) ~ z :J Ii' ~ <-. ~ I .c(t; . ----I . ~r~ '0, TCiV'U'leHF :11:lf!!l().ff;.t. fI,~ '5 u,;s:rr ~..L}.fJ~l"'(.FlO\ltlOA :z -) .,~ x "U-"- tIO.f,2> ) .~ <> II i ~X-X . ~ ii ~I ~ ~ ii X--:l(. .... -..G""'" ~....,. ~a...1e ............ ~:tIl~...... .~ . w.~~ 17 ~~>lQ.."- HART STREEf' ONEr-tAy .. . : TI'!EE TO BE. P.EMOIIEP r' ---; "TI'!EE ~1"lQol ~ . J 6,lRRER TO Gl1Y OF Q.EARJI't.".TER 5TJlND~ ~ RCOT P!RI.tE' . GURB l...N:5 ~ ~ ,..- 0510 :20 SO TREE REMOVAL. PLAN I scae; I" " :20 ft 50 A-9 Nen FAClI../TY FOR MYERS Ir ~OCIATES ARCHrf.ECTURE AlA PA JAY F. MYERS 4959 OF A-9 ~6101JS COMMUNI1Y SERVICES 9170 OAKHIJRST ROAD SlJITE 38 SEMI/I.K)LE, R.ORIDA 405 NORTH MYRiI..E: AVENJE CI...EAFi!I"'l~. FI..ORJOA 717 - 595- 7100 FA.X 717 - 595 - 7138 tn~h@ix.netromcool , AA -0003461 m ~ r- ~ <.)