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FLD2014-03008� ° � earwater � U 23 ROC�Wp`Y ST FLD2014-03008 1 Clearpark, LLC Atlas #: 258A Zoning: Tourist .ient Department . .,.��r Levelopment Application Attached Dwellings, Mixed-Uses or Non-Residential Uses IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLEEI'EE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPt.ETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLJCATIOIYS ARE TO BE FiU.ED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DEUVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PlANS AND APPLICATION MATERIALS (1 ORIGINAL AND 30 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMI7TEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPUCATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPIJCATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPUCANT, BY FILING THIS APPUCATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE FIRE DEPT PREUMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $1,205 PROPERTY OWNER (PER DEED): Clearpark, LLC MAILING ADDRESS: 1001 East Atiantic Avenue, #202, Delray Beach, FL 33483 PHONE NUMBER: EMAII: AGENT OR REPRESENTATIVE: Katherine E. Cole, Esq.lHill Ward Henderson MAILING ADDRE55: 311 Park Piace Blvd., Suite 240, Clearvvater, FL 33759-4904 PHONE NUMBER: 727-259-6791 EMAIL: katie.cole�hwhiaw.com ADDRESS OF SUBIECT PROPERTY: 23 Rockaway Street, Clearwater, FL 33767 PARCEL NUMBER(5): 05-29-15-57924-000-0050 and 05-19-15-57924-000-0080 1 � • � • . r • u • • • �.- ��,- - -r� �� : �� , • . � - • 1 - • � ti.� � • 1' • 1 \ t41 �' PROPOSED USE(5): Existing motel DESCRIPTION OF REQUEST: T�mination of non-conforming status as to the existing density together with approval speci�calJy ;denrj}'y rhe request of a Comprehensive Landscapir�g Application and reduction of required parking to (indude aJ� requested code flexibfHty; �� existing status of the Propertv. e.g., reduction in required number of parking spaces, hefght, setbacks, bt size, !ot width, specific use, etc.): Planning & Developmerrt Deparbnent,100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727�662-4587; Fax: 72T�62-4865 Page 7 of 8 Revised 01H 2 ° � ear�vater � U Planning & Development Department Flexible Development Application Data Sheet PLEASE ENSURE THAT THE FOLLOWIN(i INFORMATION IS FILLED OUT, IN Il'S ENTIRETIf. FAIWRE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPIJCATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPUCATION CYCLE. ZONING DISTRICT: FUTURE LAND U5E PIAN DESIGNATION: EXISTING USE (currently existing on site): 7rn �rict RFH Motel (16 units) PROPOSED USE (new use, if any; pius existing, if to remain): Motel (16 units) SITE AREA: 10,435 sq. ft. 0.240 GROSS FLOOR AREA (total square footage of ali buildings): Existing: �894 sq. ft. Proposed: 5,894 sq. ft. Maximum Allowable: sq. ft. Fr•�c�� GROSS FLOOR AREA (total square footage devoted to each use, if there will be muttiple uses�: First use: �894 sq. ft. Second use: Third use: sq. ft. sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire sitej: Existing: N_A_ Proposed: Maximum Allowable: BUILDING COVERAGE/FOOTPRINT (1�` floor square footage of all buildings): Existing: � � 54 sq. ft. ( 30.2 % of site) Proposed: 3,154 sq. ft. ( 30.2 96 of site) Maximum Permitted: sq. ft. ( %of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: p sq. ft. ( % of site) Proposed: 0 sq.ft. ( % o#site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existirtg: 870 sq. ft. ( 8.3 Proposed: 1,067 sq. ft. ( 10 % of site) % of site) PlanMng 8 DevelopmeM Depar6nent,100 S. MyrtMa Avenue, Clearwater, FL 3375B, Tei: 727-662-4567; Fax: 727-662-4865 Page 2 of 8 Revised 01h2 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entKe site): Existing: n 74 Proposed: 0.74 Maximum Permitted: 0,95 DENSITY (units, rooms or beds per acre): Existing: 15 rooms Proposed: 15 rooms Maximum Permitted: 12 rooms OFF-STREET PARKING: Existing: Proposed: Minimum Required: � 18 BUILDING HEIGHT: Existing: Proposed: Maximum Permitted 19T 19.T 35'-50' WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ ZONING DISTRICTS FOR ALL ADIACENT PROPERTY: North: OSiR South: Tourist East: Tourist West: Tourist STATE OF FLORIDA, COUNTY OF PINELLAS J �� I, the undersigned, acknowledge that all Sworn to and subscribed before me this i( day of representations made in this application are true and ��' ,,� �,,�i� %� . to me and/or by accurate to the best of my knowiedge and authorize � City representatives to visit and photograph the ��-��16�k �- ��_ . who is personaliy known has property described in this appiication. produced _ as identification. 0 of property owner or representative 1 � � / /a�tiGC n Notary pubHc, Mr► _ ROBYNAMOEHRING '�� 1 ��'�° MY COMMISSION Y FF 069717 My commission expires: A:��' FYPIRFS• Alnvumhnr 11 �m Planning 8 Developmer�t Deparbnent,100 S. Myrtle Avenue, Clearwater, FL 33T56, Tel: 7Z7-662-�1667; Fax: 72T-562-4865 Page 3 of 8 Revised 01/12 � l r Planning & Development Department �� earwate Flexible Develo ment A lication P pP � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPUCATION, ALL FLD APPLICATIONS SHALL INCLUDE A SITE PLAN SUBMITTAL PACKAGE THAT INCLUOES THE FOLLOWING INFORMATION AND/OR PLANS: ❑ Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shaFl be used to provide these responses. ❑ Responses to the General Applicability criteria set forth in Section 3-914.A. The attached Flexible Devebpment Application General Appiicabi�ity Criteria sheet shall be used to provide these responses. 0 A signed and sealed survey of the property prepared by a registered land surveyo� including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. 0 If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide that information required by Section 4-202.A.5. ❑ If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other si mitar marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall no# be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial dotks. ❑ A site plan prepared by a professionai architect, engineer or landscape architect drawn to a minimum scale of one inch equals 50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: ❑ Index sheet of the same size shall be included with individual sheet numbers referenced thereon. ❑ North arrow, scale, location map and date prepared. ❑ Identification of the boundaries of phases, if development is proposed to be constructed in phases. ❑ Location of the Coastal Construction Control Line (CCCL), whether the property is �ocated within a Special Flood Hazard Area, and the ease Flood Elevation (BFE) of the property, as applicable. O Location, footprint and size of all existing and proposed buildings and structures on the site. ❑ Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points of access. O Locetion of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalls and any proposed utility easements. 0 Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit. ❑ Location of solid waste collection facilities, required screening and provisions for accessibility for collection. ❑ Locatio� of off-street loading area, if required by Section 3-1406. 0 All adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections and bus shelters. ❑ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, strudural overhangs and building separations. O Building or structure elevation drawings that depict the proposed building height and building materials. Plaru�ing � Development Department,100 S. Myrtle Avenue, Clearwa�er, FL 33756, Tel: 727-662-4567; Fax: 727-662�d865 Page 4 of 8 Revised 01N2 0 Typical floor plans, including floor plans for each floor of any parking garage. ❑ Demolition plan. ❑ Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentally sensitive areas. ❑ If a deviation from the parlcing standards is requested that is greater than 5096 (excluding those standards where the difference between the top and bottom uf the range is one parking space), then a park+ng demand study will need to be provided. The findings of the study wiil be used in determining whether or not deviations to the parking standards are approved. Please see the adopted Parking Demand Study 6uidelines for further information. ❑ A tree survey showing the location, DBH and species of ali existing trees with a DBH of four inches or more, and identifying those trees proposed to be removed, if any. ❑ A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and condition of such trees may be required if deemed applicable by staff. Check with staff. ❑ A Traffic impact Study shall be required for all proposed developments if the total generated net new trips meet one or more of the following conditions: ■ Proposal is expected to generate 100 or more new trips in any given hour (directionat trips, inbound or outbound on the abutting streets) a�d/or 1,000 or more new trips per day; or ■ Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Plan to unacceptable levels; or ■ The study area contains a segment of roadway and/or intersedion with five reportable accidents within a prior twebe month period, or the segment and/or intersection exists on the City's annual list of most hazardous locations, provided by the City of Clearwater Police Department; or ■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review process. Examples include developments that are expected to negatively impact a constrained roadway or developments with unknown trip generation and/or other unknown factors. ❑ A landscape plan shall be provided for any project where there is a new use or a change of use; or an existing use is improved or remodeled in a value of 25% or more of the valuation of the principal structure as refleded on the property appraiser's current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information, if not otherwise required in conjunction with the application for development approval: ❑ Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names. ❑ Existing trees on-site and immediately adjacent to the site, by species, size and location, including drip li�e. ❑ Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the paricing lot and vehicular use areas. ❑ Location of existing and proposed structures and improvements, including but not limited to s+dewalks, walls, fences, pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines, sanitary sewe� lines, storm drains, seawalls, utitity easements, treatment of al� ground surfaces, and any other features that may influence the proposed landscape. ❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands and curbing. ❑ Drainage and retention areas, including swales, side slopes and bottom elevations. ❑ Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. Planning & DevelopmeM Departrr�ent,100 S. Myrtle Avenue, Clearyra�, FL 33T56, Tel: 727�62-4567; Fax: 727-662�A865 Page 5 of 8 Revised 01M2 ° � earwater � Planning & Development Deparhnent Flexible Development Application � General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABIUTY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and charader of adjacent properties in which it is located. see at#ached Exhibit A 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantiy impair the value thereof. see attached Exhibit A 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. see attached Exhibit A 4. The proposed development is des+gned to minimize tra�c congestion. see attached Exhibit A 5. The proposed development is consistent with tfie community character of the immediate vicinity of the parcel proposed for development. see attached Exhibit A 6. The design of the proposed development minimizes adverse effects, includi�g visuai, acoustic and olfactory and hours of operation impacts, on adjacent properties. see attached Exhibit A Planning � Developn►er�t Deparhr�sn� 100 S. MyAle Avenue, Clearvwater, FL 33756, Tel: 727-662-4567; Fax: 727-S�I-�865 Page 6 of 8 R�evised 01N2 ° C earwater � Planning & Development Department Flexible Development Application � Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBIlJTY CRITERIA FOR THE SPEpFIC USE(S) BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(S) iN WHICH THE SUBJECT PROPERTY IS LOCATED. IXPLAIN HO�IV, IN DETAII, EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHfETS AS NECESSARIn. i. see attached Exhibit A � 3. 4. L�} 6. 8. PlanMng � Development Depa�6nent,100 S. Myrtle Avenue, Clearvvater, FL 33756, Tel: 727-662�1667; Fax: 727�62-486b Page 7 of 8 Reviaed 01N2 O ' � � earwater Planning & Development Department Flexible Development Application � Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: Clearpark LLC 2. That �I am/we are) the owner(s) and record title holder(sj of the following described property: 23 Rockaway Street, Clearwater, Florida 33767 3. That this property constitutes the property for which a request for (describe request): Termination of non-conforming status as to the existing density together with approval of a Comprehensive Landscaping Application and reduction of required parking to reflect the existing status of the Property. 4. 7hat the undersigned (has/have) appointed and {does/do) appoint: Hill Ward Henderson, P.A. (E.D. Armstrong III, Esq. and Katherine E. Cole, Esq.) as (his/their} agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this appiication and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (i/we), the undersigned authority, hereby certify thatthe foregoing is true and correct. Clearpar L C, a Florida limited lia ity company ro r er By: Pri Na e: STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS �t s� DAY OF �G�J (� ��t � y ,�� {' , PERSONALLY APPEARED �`� `��1� W��S" WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTA DS THE CON ENTS OF E AFFIDAVIT THAT HE/SHE SIGNED. ��,�a��,�,"'r"'��•,,,� DEBOiiAH HOWARO �s Notary Public - State of fiorida Notary Public Si nature �• •= My Comm. Expires Jul 31, 2017 / � Commlasian #� fF �0398 ? ( �j l ��0 j'? � �__,p8onded ThrquqA ti�tional Notuy Asan. My Commission Expires: Planning & Development Departmeni, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 8 of 8 Revised 01/1 Z EXHIBIT A TERMINATION OF NONCONFORMING STATUS 23 ROCKAWAY STREET, CLEARWATER, FLORIDA Description of Request The Applicant respectfully requests the termination of nonconforming status as to the existing density of 16 overnight accommodation units, which exist on the two parcels described in this application. The hotel located here has operated in this location for 50 or more years. The site currently has two main motel buildings, the first of which has six motel units, the second of which has nine motel units and one motel unit in the north office building. There are currently seven parking spaces located partially on the subject property and partially in the City right of way adjacent to the property. The Applicant desires to retain the number of units at the site to proceed with renovation of the existing hotel for its continued use. The existing site is developed as to the below standards: i. Lot size of 10,440 sq. ft. (.239 acres) where a minimum of 10,000-20,000 is required; ii. Lot width of 60 ft. where a minimum of 100 ft. —150 ft. is required; iii. Height of approximately 19.7 ft. where a maximum height of 35-100 ft. is permitted; iv. Front (north) setback of 0 ft. to building and 0 feet to pavement where 0-15 ft. is required; v. Front (south) setback of 17.3 ft to building and 0 feet to pavement, where 0-15 ft. is required; vi. Side (east) setback of 5 ft. to building, 0 feet to pavement where 0-10 ft. is required; vii. Side (west) setback of 0 feet to building and 0 feet to pavement where 0-10 ft. is required; viii. Parking of 6 spaces where 19 spaces are required with a size of not less than eight feet in width and 16.5 feet in length and drive aisles not less than 20 feet in width; and ix. Density of 15 overnight accommodation units (62.76 units/acre) where 11 units (50 units/acre) are permitted. TERMINATION OF NONCONFORMING STATUS CRITERIA (Section 6-109(b)) If the existing structure is to remain or be expanded, such required site plan shall demonstrate compliance with the provisions set forth in Section 6-109 (see below). All required improvements shall be completed within one year of the issuance of the Leve12 Development Order Approval or the termination will be null and void. 1. Perimeter buffers conforming to the requirements of Section 3-1202(D) sha11 be installed. The property is located in the tourist district and, therefore, perimeter buffers conforming to the requirements of 3-1202(d) are not required. 2. Off-street parking lots sha11 be improved to meet the landscaping standards established in Section 3-1202(E). Enclosed with this Application is a site plan which shows the proposed off-street parking. Currently, the site has seven parking spaces which are located partially on the public right of way and partially on the Property. The proposed site plan moves these spaces internal to the site and out of the public right of way. The landscaping standaxds required in the Code cannot be met based upon the size of the site and the limited space within which to provide landscaping. The applicant's request is to terminate nonconforming status as to density and make necessary changes to improve the site, within the confines of the existing structures The site currently has seven parking spaces which are accessed directly from Ambler Street at the south end of the site. Currently, a portion of these parking spaces are located within the right-of-way and are nonconforming as to space width. The proposed site plan creates six parking spaces which meet the 9' width and to the degree physically possible meet the 18' space length. There currently is no parking lot landscaping and none is proposed since the purpose of this application is to terminate the nonconforming density. If the termination of nonconformity application is approved, the Applicant will be able to renovate the existing structures and continue operation of the hotel, as it has been operating for several years, even with the reduced parking. The property is located adjacent to a large public parking lot that is available to its guests for parking. Most of the guests are families or groups that utilize more than one room at the property and therefore do not need the otherwise required parking. The motel has operated for over fifty years with only seven spaces and the applicant does not envision issues in the future with such operation. If necessary, the applicant will contract with nearby properties to provide for additional parking. The on-site manager does not need a parking spot and can utilize a city resident parking pass. In the meantime, parking currently exists on the Ambler Street right of way and therefore, the proposed site plan at least moves some parking on to the Properiy making the situation better than it is today. 3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. The Applicant agrees that any nonconforming signs, outdoor lighting and accessory structures will be updated and in conformity with the Code. Subsequent to the grant of nonconforming status, the applicant will seek approval of its sign permits. This request is only as to terminate nonconforming sta.tus only as to the existing density on site. 4. The comprehensive landscaping and comprehensive sign program may be used to satisfy the requirement of this section. S. The use and structure complies with the general standards for approvals. The use of overnight accommodations and the existing structure generally complies with the standards of Level 2 Approval set forth in Section 3-914. See below for specific responses to these criteria. GENERAL APPLICABILITY CRITERIA RESPONSES 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 proposed development of the land is in harmony with the scale bulk coverage and density in character of the adjacent properties in which it is located. There is no additional development proposed. The existing hotel has been in existence for over 50 years, and is in harmony with the scale bulk coverage and density in character of adjacent properties. The properties along Rockaway Street have minimal parking and are accessed either by Rockaway Street, which is adjacent to the public parking area, or by the small a11ey right of way located to the south of the subject property. Behind the property is parking for Rockaway Crrill and in front to the east of the property along Mandalay Avenue is a small strip retail center. Generally in the tourist district a.long the beach, these hotels have very minimal parking and do not conform with current Code. Retaining the 15 units on the site will remain consistent with the character of the area. 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. Terminating the nonconforming status as to the density will not hinder or discourage any potential use and, in fact, will pxovide the owner options with respect to the future use of this property. Furthenmore, as the site has been in existence for several years as is, and the other sites adjacent to the subject property have not been renovated or redeveloped in recent years, there is no indication that reta.ining the site as it is will impair the value of the area. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. Terminating the nonconforming status of this property will not affect the health or safety of persons residing or working in the neighborhood. Ra.ther, this site is under-utilized and the buildings are in a state which requires significant repairs to upgrade. Terminating the nonconforming status gives the owner the flexibility to determine the amount of upgrades to the existing buildings versus seeking site plan approval for future uses on this site. 4. The proposed development is designed to minimize traffic congestion. There is no new development proposed on this site, so there should be no impact to traffic on Rockaway Street or on the small right of way adjacent to the property. The property has operated in concert with the traffic patterns in this area since its development. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The community character of the area is one of overnight accommodations and services for the tourist community. To the south is the Sandpearl; immediately to the southwest is the Sandpearl loading docking area; to the north is a public parking area; to the west is Rockaway Grill and another small motel; and to the east is a retail center with three uses, including a bar and grill. Keeping overnight accommodations on this site is consistent with Beach by Design and the uses in the area. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. Terminating the nonconforming status of this property will not have any impact on the visual, acoustic or olfactory effects of adjacent property. There is no additional impact than what current exists and, in fact, terminating the nonconforming sta.tus allows the owner the flexibility to proceed with renovating or redevelopment this site. Specifically, the Applicant requests the termination of nonconforming status of the existing accessory dwelling unit (1) and the existing overnight accommodation units (14), where 12 overnight accommodation units would otherwise be permitted. This request is specific to a termination of the density only and does not in.clude a request to terminate the nonconforming status as to lot size, lot width, parking or setbacks. 5231695v2 I#: 2014017942 BK: 18286 PG: 2690, O1/23/2014 at 08:47 AM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $3675.00 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM04 � pt1 L 3 (� � S, ��7 �'.G� d �- a ° .�""�� _ � r Prepared by and Return to: Steven A. Williamson, Esquire Johnson, Pope, Bokor, Ruppei & Burns, LLP P.O. Box 1368 Clearwater, Florida 33757-1368 Telephone: 727-461-1818 ��Y � d r�.d i� � � � � � �� i'_—_ � � � � � � � — �� i� �� i ��.•� � � e i� � v �� i � / ♦ � i � ♦ � i � ♦ i i _ � i ♦ � i� �� , ,' . . � �, , � � � ' � , `., �� , � �, - . � �, �' ,; . � , , �.- , __ �, --- ,, � � �� . . � � . . ., . __ . STATUTORY WARRANTY L��D ,, ,, ,,;; THIS INDENTURE is made on / z� ;�: ��,,2ta1r�; between VIOLET K. KOVACS, a single woman, flkJa Violet Clerar��ntin� F�Qk�n.es ("Grantor"), whose post affice address is 23 Rockaway Street, Clearwa�r, FG��3767, and CLEARPARK LLC, a Fiorida limited iiabilifiy company ("Grar��ea"�, whbse��ost offce address is 1001 East Atlantic Avenue, #202, Delray Beach, Fi,'33483t°, ��.,� �� ,� ,, „ ,�'� � N��-�;�T H: „ . . -- „ . . , �, , Grantor, for and in cc�n�ide�ion'q��Ten Dollars ($10.00) and other good and valuable consideration #a�rant'dc'in hand paid by Grantee, the receipt and sufficiency of which are hereby a�l�now,l�dg�t�h has granted, bargained and sold to Grantee, and Grantee's successors'a1a�;assigns'forever, the following described land, situated in Pinellas Counfy, Efg�id�;'�; , , , �. , . � „ , , .. Lots�� and 8,;of MILLER'S REPL.AT, according to the Plat �ere�o�F„as f�orded in Plat Book 26, Page 17, of the Public _ _ Re�,o�ds of'Pinellas County, FEorida. --___`. .� ,�_ _ , `�;�. �': P,arcel Identification Numbers: ��,`. ID�05-29-15-5T924-000-0050 and #05-29-15-57924-000-0080 /�\ � � � `\ \\ � � �'�'�, Tfi�s conveyance is subject to matters set forth on Exhibit "A" ("Permitted Encumt�rances"). Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. . , - , � Note to Administrator: Consideration for this conveyance is $525,Q00.00. PINELLAS COUNTY FL OFF. REC. BK 18286 PG 2691 r IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand day and year first above written. Signed, sealed and delivered in the presence of: i� � � � � � � � i� �� and seai th� ' � - - -; �, , � „ ,, -,• . , , , , � ., ,� , , , . , , • , ,,. . , . _ . , ,• ,'-- �, ., , ,� �. . � „ �,'�; �� % „ �� , - - . �� , � �, iolet K. Kovacs;f k/a Vioket � �� Clementine Kok�n�s � � ,. - , __ . ,°, ., .. . „ „ „ ,,, . , ,, , � , ,_ , c� . � � � . � � `' . v .' � � i i� ` � �^� � v i � � ♦ � i � � � � � � � - ♦ � � `� � � � � STATE OF FLORIDA ) ' �� , '�'> � , ,� ;� � COUNTY OF PINELLAS ) . � , � ' , . . „ '. . . , , ,�, `.`, ��'--',� �'T'he foregoing instrumgrft' was'� �cknzswled e aKV(y-� , 2014, by Viol�f � K. ,KQvac��f/k/a Vi I� personallv known to mel�as�,�ir�rcluced „ i entification]. � � '�� „ ,-, , . -, �, , , �,; ,- , ,�r.r r� N WaiyPub�l� Sttbbt Fto�ida ;� : J,�qGueline L`O�y `. � NO �/ �� MyiCommiasion E,E0575t`f int nl o� �o� ffxpin� o4roy/2DT5 � ,, , My co . _ ,, _ ,�__ .�,' _ , ,= _ _ '. , �� ^. � .' - -, . � � � . � � � .123819`��. �� . . � . '. Y�1649898 t� ` ` . . — � . . � � � � . � . y- , � � before me this �� day of Cle�nry�_ \okenes. She is ��' as PINELLAS COUNTY FL OFF. REC. BK 18286 PG 2692 ,� � �+ �� .-_ _; � EXHIBIT "A" _ �'' - � _, ., ,� , . , , �; � , , , , , , ., ,� , , , ,� , ,�,,�, . , . 1. Taxes and assessments for the year 2Q14 and subsequent yearsy�;---�; �,'�;�, which are not yet due and payable. ;; '� ', '�% „ �� „ �, 2. Restrictions, dedications, conditions, reservations, easemerfts-ahd '�.; _ �%'� other matters shown on the plat of MILLER'S REP�T, as;'� recorded in Plat Book 26, Page(s) 17, but deleting any cb�renant, >; condition or restriction indicating a preference, limitat`roi�-o�:�� discrimination based on race, color, religion, sex,.handicap, familial status or national origin ta the extent such coveri�nts, conditions or restrictions violate 42 USC 3604(c). �� .. „ ,. , . , , � � ,.,, c� . . � � . `. � � �`, v i � �^` � � i i� „� � v i � . � i � � � � � ` �� i' `� �� i - � i i �� ` � I ' � 1 �� v � 1 1 \ � � � IA \ ♦ / I ♦ `�` �` ♦ _ ^ � /�> `♦ ♦ / / ♦ -- / / ♦ / / `♦ ♦ / �^� ♦ ♦ �� ` I / �� / i�� / /� / / ♦ / / ♦ � / / ♦ � ♦ I ^ ♦ I` ♦ �� / / � �/ / � � `\ � ♦ � /��' `♦ � � / / �♦ \ ♦ ♦ / / ♦ � \ \ 1 1 � 1 ♦� 1 \ I i� � � � � ♦; �` � � �� ♦ ` �� ...� ♦ � _ ' .� � � ♦ ` i' - ♦ ♦ �� - �� ♦ � � � ��♦ ♦ � -i � � ` � � � �` ` ` . .` �` .� i" `� � � � `� � � � � � � � � � � �i ��`_ 3