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FLD2004-02010 ., '.. .. ... - .~ r"- ~"""'> ~ ,,,", ; r, B ~ L ~ 'i! ~ (~6 g U i\ n U ~ I\! tu ;- > Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: [J SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION [J SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans [J SUBMIT APPLICATION FEE $ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLEXffiLE DEVELOPMENT APPLICATION Comprehensive Intill Redevelopment Project (Revised 10-10-2003) -PLEASE TYPE OR PRlNT- use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: /5:"0 L( _ G a r-~ ~ ::} v'\ C MAILING ADDRESS: / S- 0 It IV Go "' dLo 4/1 .J\ \) ~ <' \ ~'i)-i -'J q--\v-..- ~ L ~ '"3 7 iJ ~ E-MAIL ADDRESS: \l\ ~ t ) \ \a.\. f'<\.C( V'... <tt. a. n \ . (O'~ PHONE NUMBER: 7 1- '? "S Y 1 - 2. 6 "2- ? CELL NUMBER: 72 7 S- r"2- - 2. 6 2 q FAX NUMBER: g, 3 q /0 / z.. '8 r.r PROPERTY OWNER(S): \ S. 0 \\, G Q lr'dle'V"\ r"" L- (Must include ALL owners as listed on the deed - provide onglOal slgnature(s) on page 6) AGENT NAME(S): ~G\. ~ ",^, ~ S () \\0.\ ""'-Q '^. MAILING ADDRESS. l~o~t I~ Go..'1~ ~Jc <:\~CiY'u)Cl.1~~ r:;L ~'~f;;~ E-MAIL ADDRESS. IJ9ull4iIYJIlII\ idol. ~ PHONE NUMBER:7 ~ 7 'f r z. -"2.--~ "l-Cf' CELL NUMBER. _/2.7 ? r z. - 2' 2.. Cf FAX NUMBER: $}-l""b cr I 0 '2-i 'fr B. PROPOSED DEVELOPMENT INFORMATION: j- 0 3 MOo. \"s, ~ \ \ s t- STREET ADDRESS of subject site: LEGAL DESCRIPTION: t~ftC~~V~n - --...... v -'----JL.::::::.,..' PARCEL NUMBER: PARCEL SIZE: 7 7 2 C) (acres, square feet) PROPOSED USE AND SIZE: ~~~ (number of dwelling units, hotel rooms or square footage of nonresl entlal use) .. PLANNING DEPARTMENT CITY ()[1: ('I !:AD\A'^TlI'"n ~- '""-....-.IIll.'I1I1I'.lI...'- parking spaces, specific use, etc ) DESCRIPTION OF REQUEST(S): Attach sheets and be specific when IdentifYing the request (include all requested code deviations, e g. reduction in reqUired number of Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater Or:"'l'If\Pd f\ i ~\I ~ """~ ~ ,'\ J " \ : I \..;d,..,"~ . 1 ~ ~ ~ r DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT . DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable documents) ,. C. PROOF OF OWNERSHIP: (Section 4-202.A) [J 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) [J Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain .!:!m"! 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. S~"l!. ~~ Go (:."'-."M.. ~ 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. ~ ~ ~ ~ ~ct c..~,-~ 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. ~~~ ~*G\.c..'^~\~::k-- ~~(Clell~fi~lr~ ... v L..-..U L-----' 4. The proposed development is designed to minimize traffic congestion. PLAI\lNiNG DEPARTMENT elfv' C;: Cl/tAH<WAI t::( , The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. s~~ ~\\ ~ 1= \.\~C W\~"'" DEe 0 8 2U04 5. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. s~~ ~ \?::'"' ~ ~'N\.~v\:- [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. IH€ ]:>€VcLi>P"""BVT ~F TH-€ IMPMCTf CAt- ~E~$G aF PM-CEt... Pt2.0PDSs> 15 CJ .,.~,eWI.sb Aj)j)1-r I 0 NA-L f /WZk, ~ tfE~l/ UU-/l'lFNr$. Page 2 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater .. .. OR! G ~ >J l\~.. - . 2. The development of the parcel proposed for development as a comprehensive Infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements. ) ~ ~Al~ M,M-rET VALUE :i)tJ€.,;., 1"Wo ST?J ~ Y ClJ..Js1' p..u C.:f'!o,..) of TH6 Pt-bPEfl,y ~/L-L. BE IN~AScj) ( A,wj) UP'RAb/rJi$. aF 11+€ t:..DP.NE~" 3. The uses within the comprehensive infill redevelopment project are otherwise pennitted in the City of Clearwater. As ~~ ~c9,Jl~ IN T~ C.'1)~ aF (" LfiA~rE~~ rr t..s (!l)MMi:~IAL- cE:EIJEP.AL.. At-f.b t\1;,JeE IT'S OTHE~J.-.JIS'c ~R.MfTr6.b . 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. TJ-1' s PR.o:r'ec.T UseS ~E=I~~ tS ~r...H)A'-1 BL€ t.:)lT~ Al>:rA~"'T C.OMfV\€R.CIAL- G&N~" LAN)) 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. c>1'l-t'6"~ .s\'re,S <='F $\MI LAR. use M-E rvbT A-\rA,L-ABLE OTJ+E~"'H'~ ,~ r~ C.\TY c1F ~ LE"A~;\T'E~' NG~7' 'TIl THIS PA-~L ~ 6. The development of the parcel proposed for development as a comprehensive Infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. TltE De ve- Lo"H€^-'T" oF' "\H-IS P Atau,- AtJ't) e::. EAUT\ ~7 ~ \t--\ME])lAT€ WIL.L ~~'N''TE"L..Y I VI Co. J I\J \"T" Y . uf 4$ ~ t:>€ 7. The design of the proposed comprehensive inflll 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. T\-\€ 1) €" S , <i 10 ~ $Tt> R..: F Pc c... I L- IT N \ L L ~ rU'ttA~~ TIt€ CoM M U tJ\ T t' Cl+ A P A-c-1E:,e. csF -, M ~j) I ft'TE" Vte.l ,..; \ Ty ~ 'T1-te ~AAc.EL. f'rtV'b 'T"~ c..l"t"t oF ~ L.EMtwA~t2- AS A L:HtoLC * f 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. P~Vo.sED UJT W\t:>T'+\ AN]) ttt 1~f1T ~ T\Tf BVIL..."DJtJt;' M6'e~ C'..ITr 6D:J).8S. 9~posO ~Ej" B~s kf!--€ RE"GlU'~ DVE"To Ab'!>rT\ or..JA L p~ \~ {<.E'&.ul R,ejV\€',JTS Sc> As To Miolj) ON -s1j2.6E'r fAfUc.IN?;, 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. (''7 (!).p;::. --STf2..E"ET f~\t095 ;+;?E A-V.A1l-t\-8L6"""N 'rH-€ /MMf::tHA-r€ VI LI tJ'7 ~D MEEi -rH-E 51(APc.J> , fMJc./~ Fvk-1ut..A -ro,41l'tJlj) "N-.s1/i8ir~ ~ 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. t-H-E 1JFSItf'tJ CJF rf+C .f,Qbp~ TlNlJ ~1!1 BvIL])/~ O;lvtfLle 7i f""" VtJvJtJ-roi-JN 'j)f~rlCl r Es/y,J <:f'V/.:PEI-lrlQ..! kfA~Wl~t-- Nor CAtlsE Af)\lEI<sE IMf~r; lRl~CIEII~fi~rL) DEe 0 8 2004 Page 3 of 7 - FleXible Development Application - ComprehenSive Inflll Redevelopment Project- City of Clearwater IPLANNING DEPARTMENT . E. ~UPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) 0 RIG I N A L .- a SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; a TREE SURVEY (including E1xisting 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) - please design around the existing trees; a LOCATION MAP OF THE PROPERTY; a PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (Le. 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; a GRADING PLAN, as applicable; a PRELIMINARY PLAT, as required (Note: Building permits will not be issued untirevidence of recording a final plat is provided); o COPY OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) o SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; Include floor plates on multi-story buildings; 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 pnvate utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; (* Note: Per Section 3-911, all utilities shall be located/relocated underground) All parking spaces, driveways, loading areas and vehicular use areas, Including handicapped spaces; DepictIon by shading or crosshatching of all required parking lot intenor 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 all landscape material; Location of all jurisdictional lines 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 o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square 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 rREC[E~VED o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; f Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); 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 DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER Page 4 of 7 - FleXible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater ORiGlt~AL . 1 G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) o LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on required tree survey); Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes o o o REDUCED LANDSCAPE PLAN to scale (8 Y2 X 11), in color. IRRIGATION PLAN (required for Level Two and Three applications) COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable [R[EC[E~V[ED DEe 0 8 2004 ..... A no~" In" IAI"=:::o. P'll*OP\\ll. 1f'<:lo"'il"I'\ n.." I_ I Lrt.! 'JII:III \1 'V' 1.I...U-nl'\.IDVIIl..I'\I1 H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Desi~IC~it~fi~M~AaiiV~~a~ 4-202.A.21 ) o STORMWATER PLAN including the following requirements: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations o COpy OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WA:rER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable o 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 Infill Redevelopment Project or a Resldentiallnflll Project. o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials o REDUCED BUILDING ELEV A TrONS - four Sides of building with colors and materials to scale (8 Y2 X 11) (black and white and color rendering, if possible) as required J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. o All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) o Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application. Page 5 of 7 - FleXible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater , I . _ K. ,TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ~ , a Include as required if proposed development will degrade the acceptable level of seNice 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..fo- S m to and subscribed beiMore e this 151 day of L ,A 0 at! to m-e-and/or by , I '/qJ, 0 is personally known has produced as identification. JANE K. SMI1li MY COMMISSION # DO 1n563 EXPIRES: JanuaJ)' 14, 2007 " Bonded ThnJ NoIaIy Public Underwriters REC~~VLED DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER Page 6 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater ORIGINAL , i M. 'AFFIDAVIT TO AUTHORIZE AGENT: .' /<5'"0 C( aa y~~ L^ c.. (Names of ALL property owners on deed - please PRINT full names) \-\ ~s. ~:, "'V"\.. '" <s;..... \ \\<::1. \ vY\.~ ~ '( ~)1 ~ 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 'yo ~ \'V\.q",\ <;.. ~Ot. \. ~~ c \~ c'("""u.) "''1 'O/V- ,~ L. ~ ~ ? S-r;- 2. That this property constitutes the property for which a request for a: (describe request) 3. That the undersigned (haslhave) appointed and (does/do) appoint: \\CA. ~~~~ ~\..J ~o...\~~ v'\ as (his/their) 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 il'! 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. L~ Oc;,i/- ~tEClE~V~D DEe 0 8 2004 Property Owner Property Owner PLANNING DEPARTMENT errv OF CLEARWATER Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS re me the undersigned, an officer duly commissioned by he laws of the St~of Florid~ on this 't< , ;}..OO ~personallyappeared -:5RIIJ1 / JUL-Ln-/, De oses and says that he/she fully understands the contents of the affidavit that he/she signed. day of who having been first duly sworn / :57: JANE K. SMrTli MY COMMISSION II DO 177563 EXPIRES: January 14, 2007 Bond<ld 1111\1 NotaIY f'ublk; \lnde!WTllers ~I:. Ld~ Notary Public My Commission Expires. Page 7 of 7 - FleXible Development Application - Comprehensive Inflll Redevelopment Project- City of Clearwater ORIGINAL SONEY FM LLC 1743 Dorchester Rd Clearwater, FL 33764 sonevfmllccmhotmail.com Ph: (727) 420 - 4796 Fax: (727) 524 - 7599 To Traffic Operations Division City of Clearwater 100 S Myrtle Ave Clearwater, FL 33756 Ph: (727) 562 - 4567 Fax: (727) 562 - 4865 SUBJECT: Request for approval of reduced distance of proposed driveway from the existing' intersection. Ref: Community Development Code Section 3 -103B. C, Section 3 -102.C.3 Dear Sir This letter is to request for approval of reduced distance of proposed drive~ay from the existing intersection. The proposed distance from the existing intersection of N. Fort Harrison Ave. and Marshall St. is 60' 6". This is the most suitable location for the access/driveway proposed for this project. No other cost effective alternate location is feasible. We believe that the proposed location will not cause any undue traffic condition on either N. Fort Harrison Ave. or Marshall St. Hence we request for approval of reduced distance of proposed driveway from the existing intersection. Should you have any questions please feel free to call the undersigned. Yours sincerely, ~~A.~ Dr. Ram A. Goel PE# 47431 SONEY FM LLC 1743 Dorchester Rd Clearwater, FL 33764 [B) rc r rj= rv,?, D U\\6~[sJ u lb _' DEe 0 8 2004 PLANNiNG DEPARTMENT CITY OF CLEARWATER ORiG\NAL h = r ff"" rVIL D lJ\\E~~~ ' rc Exhibit A DEe 0 8 2004 PlANNiNG DEPARTMENT CIN OF CLEARWATER Description of Request: To demolish an existing apartment building on site and remodel remaining two-story building for use as retail sales on the first floor and retail sales with reductions to the required lot area from 10,000 square feet to 7,720 square feet and to the required minimum lot width from 100' to 50.81' and with reductions to the required front setback from 25' to 15' along the northern property line for pavement and from 25'10 17.5' addition to the building and from 25' to 16.5' along the westerly property line for pavement and from 25' to I" along the northern property line to the building and reductions to the required side yard setback from I 0' to 0' for pavement along the southerly property line; from 10' to 0.2' to the existing building on the east and from 10' to .95' to the existing building on the south. A reduction from 15' to 5' of the side walks on Marshall St for pavement. Garden Project- #0219 I. The proposed retail sales use will be consistent with the surrounding commercial uses. The degree of building size will not be out of character for the area. The existing density on site will be reduced with the demolition of an existing two-unit apartment building. A parking area and swale will occupy the area of the existing apartment building. Eight (8) parking spaces, including one (1) handicap space will be provided on site for the first floor. The second floor (II) parking spaces are provided on the adjacent property directly to the south. A parking agreement between the subject property Owner and the adjacent property Owner is included and attached to this application. The use of the second floor only will be conditional on the availability of the off site parking. A side walk will be provided leading from the adjacent parking to the proposed retail building. Additionally, the adjacent parking lot to the south will be used primarily for employees of the retail use and for overflow parking as needed. A new exit will be provided from the second floor of the building to the outside via an exterior stairwell. Additional setback from 25 to 19 encroachments will be created as a result of the stairwell. 2. The proposed use will not hinder or discourage the appropriate development and use of adjacent lands and will not impair the value thereof. The proposed use will fit nicely into the surrounding area and is not out of place as the most directly affected property currently supports a retail use (convenience store). A additionally, directly to the south of the site is an indoor recreation use (Bill Earle's). Across Marshall Street to the north is a Dollar General store. 3. Traffic and pedestrian safety issues are being addressed with the proposed plan, as the existing apartment building, which sets only 12 feet from the property line along Ft. Harrison Avenue and 7 Feet from the property line along Marshall Street is being demolished. The removal of this particular existing building will allow for better visibility for all concerned when approaching the intersection ofFt. Harrison Avenue and Marshall Street. 4. Traffic impact is being minimized due to the proposed ingress egress and parking lot improvements on site that will meet minimum parking standards. ORlG\NAL 5. The proposed use and design of the development is compatible with the surrounding uses within this commercially zoned area as the building being utilized for retail sales is an existing building which will be upgraded and the building maintains setbacks which are consistent with the surrounding area. 6. Visual effects to the surrounding community are being reduced due to the proposed removal of the existing, unsightly apartment building on site and due to the installation of significant landscaping on site. There will be no adverse impact to the immediate area regarding olfactory or acoustic issues, as the proposed use is retail sales within an enclosed building, which will operate during normal business hours. The building user will share the existing trash dumpster on the a4.jacent property immediately to the east with the existing commercial use on that site as the adjacent site is also owned by the applicant. Usage sharing agreement is also available. Applicable Flexibility Criteria: 1. Lot size and width: The subject site, which is less than 10,00 square feet, was an existing lot of record and was not in common ownership with any contiguous property on May 1,1998. 2. Height: No increase in height is proposed and the existing building is 23 feet high at the top of the parapet. 3. Side and rear setback: The reduction in side setbacks (existing) does not prevent access to the rear of any building by emergency vehicles as the parking lot of the adjacent property to the south is directly adjacent to the building. In addition, the two property owners have drawn up a parking agreement, allowing access to the adjacent site for parking and emergency vehicles. The existing setbacks are typical for the area and an existing building on site is being razed, eliminating additional encroachments. A significant amount of landscaping will be replacing an existing building on site as well as replacing a great expanse of existing concrete. 4 . Off-street parking: The subject site will support a two-story building consisting of approximately 3,753 square feet. A large amount of traffic would not be generated by a retail use of this size. There is no request with this application for a reduction in required parking spaces as parking will be provided on site and on the adjacent site to the south by way of a parking agreement. 353 square feet will be used as storage on the second floor. ~[EC~~V[ED DEe 0 8 2004 PlANNING DEPARTMENT CITY OF CLEARWATER , , . , , ~''''''''., ~ - ..... -iI" , -\~ $b. t ~...... _0....... ,...~.... _ ~ -...... .. - ~.... ... '-' -~~-, -- i\~~~~ \ -- -"""" C .h. " . '<" THIS INS.MENT PREPARED BY j AND RET N TO: JAMES W. BAUMAN, ESQ. 1008 Drew Street Clearwater, Fl 33755 ORIGINAL -63-02'i83-(JAN;~':~""-2003-'- i;'33PM" PINELLAS co BK 12480 PG 323 111111I1111111I111111111111111111111111I1111111111 ~ ACCESS, EGRESS AND USAGE AGREEMENT THIS AGREEMENT made this 16th day of January, 2003, between YVONNE M. IRLE, of 131 0 North Fort Harrison Ave. , Clearwater, Pinel/as County, Florida, hereinafter referred to as "Owner/grantor" and 1504 GARDEN, INC., a Florida corporation, 503 Marshal/ Street, Clearwater, Pinel- las County, Florida, hereinafter referred to as "User/grantee": FOR AND IN, CONSiDERATION of One Dollar ($1.00) paid by the User/grantee to Owner/grantor, the receipt of which is hereby acknowl- edged, and for other good and valuable consideration, Owner/grantor grants to User/grantee access, egress and usage of 11 parking spaces on the prop- erty located at 1411 North Fort Harrison Ave., Clearwater, Pinel/as County, Florida, more legal/y described as: Commence at the intersection of the north boundary of lot 3 of lESLEY'S SUBDIVISION as recorded on February 4, 1884 in Deed Book K, page 471, of the public records of Hillsborough County, Florida, of which Pinel/as County was formerly a part, with the west right-of-way line of Garden Avenue as it is presently occupied; thence N. 810 14' 34" W. (basis of bearings is assumed) along the north boundary of said lot 3, a distance of 92.74 feet; thence S. 08045'26" W., 15.00 feet for a Point of Beginning; thence continue S. 08045'26" W. , 15.00 feet; thence S. 81014'34" E., 30.00 feet southerly of and parallel to the north boundary of said lot 3, a dis- tance of 90.00 feet; thence N. 13057'36" E., along the west right- of-way line of Garden Avenue, 15.06 feet; thence N. 81014'34" W., 91.37 feet to the Point of Beginning; containing 0.0312 acres, more or less. Being the same property intended to be conveyed, but erroneously described, in that certain Quit Claim Deed from John W. Wilson and Mildred E. Wilson, his wife, to Morris Prosser and Martha Prosser, his wife, dated November 14, 1975, and recorded in O.R. Book 4354, page 1440, of the Public Records of Pinel/as County, Florida. "VJ ~ o~ =<2 0 ffi O~ n1 0 "YiZ n ()G') 0 [Jl;='u r-O 00 rn 171 =-~ ~)g ,....., ....;;J ~;o c:::l ~ t:::l "r.' ="I ~ [fTI=~ :!:IS;: rn IT'! OJ ;Vz -4 " ~ . - , " , '. - 0 RiG I N ;\ L - ~ -~- -- . ----. - --------.. --- ---- -----. -- -~-- ------. ~ PINELLAS COUNTY FLA. OFF.REC,8K 12480 PG 324 1. The parties acknowledge and agree that currently the Owner/grantor has 79 parking spaces validly authorized and granted for such usage by City of Clearwater, Pinel/as County, Florida, and hereby gives and grants access, egress, and usage of 11 parking spaces, for vehicular traffic belonging to customers and clients of the User/grantee. 2. The parties further agree that access, egress and usage are given to any and all emergency vehicles. ,'u, 3. The parties further agree that the User/grantee will hold harmless the Owner/grantor from any damage or liability to any vehicles owned by customers of User/grantee, who use said property of Owner/grantor, for usual and customary parking purposes. 4. The parties further agree that this agreement is indefinite as to length of time for agreement to be in force, as between these parties. 5. The parties further agree that the User/grantee shall not violate any city, county or state law ordinance or statute in the usage of the Owner/grantor's property for vehicular parking. 6. The parties further agree that no overnight parking will be allowed by any of the User/grantee's customers or clients. 7. The parties further agree that the Owner/grantor shall be responsible for all maintenance and repairs of the above-mentioned parking spaces. R~C[Eu~jfEfD 2 DEe 0 8 2004 PlANNING Dl:PA~TMENT CITY Of ClEA:'~WA~~R , , .. , , , ORIGINAL PINELLAS COUNTY FLA. OFF.REC.8K 12480 PG 325 ;; 8. The parties further agree that the Owner/grantor maintains all rights to sell property, that is subject to this agreement, but shall give 30 days notice to the User/grantee of her intent to sell said property. 9. The parties further agree that this agreement is not assignable by ei- ther party, other than by right of sale and transfer of title, given to the Owner/grantor as mentioned above, without consent of botf1 parties. 10. The parties further agree that this agreement shall not be modi- fied except in writing and with the written consent of both parties. HEREOF, this agreement is executed on the day and .L1-~ "--'- '1 /...... _ - "'"'\v..... YVONNE M. IRLE Owner/grantor rX-e,-- COUNTY OF PINELLAS STATE OF FLORIDA Before me this day personally appeared YVONNE M. IRLE, who is per- s~~a"y known to me to be the person described herein, or who has provided ~-.!.. ~------ as identification, and who executed the forego- ing, and acknowledged that she executed same of her own free act and deed, for the purposes therein. I have hereunt2_.~~,t my hand and affixed my seal, this 16th day of January, 2003. //...... - .~ - "\, -=:? ~EC[E~ViED (~;-<- "'-7')~ "~-- ./ / Notary Public "- 0/. EC 08 2004 to. ,_' _._._~.y commission expires: PLANNING DEPARTMENT CITY OF CLEARWATER 3 ,.; ~ James W Beuman *ji*My Commission CC893240 "'~....'/ ExpIres Jamllll)' 16. 2004 .' -~--~ ~ -" -~-" - -- . ...- - "" PINELLAS COUNTY fLA. -Off.REC.8K 12480 PG 326 , ~ J_ ~ '. \ .. - . . ()RIG;~jAL j ~+MAUJ~ 15~RDEN.INC' I/:; ~~I-a~ resi ent User/grantee COUNTY OF PINELLA5 5T ATE OF FLORIDA Before me this day personally appeared HASHIM SULLlAMAN, as president of 1504 GARDEN. INC. who is personallY known to me to be the person described herein. or who has provided ~ ~ as identification, and who executed the foregoing, and acknowledged that he/she executed same of his/her own free act and deed, for the purposes therein. I have hereunto set my hand and_affixed illY seal, this 16th day of January. 2003. (,.--::'" ( . => . . \' '-- ~ / .:.... ~ "'''---. '~-;-.: ~ ,/ Notary PyPJ(c ( II.II,,--nr-"". . "_,.~"",,,mmlsslon ~r~Uer98JIdx3I'.""".... O.-l:&68=>:l UOfSSIWWO:) Nf.... uewnea M sawer {~~ ~EC[EuVrED DEe 0 8 2004 PLANNING DEPARTMENT CllY OF CLEARWATER .fe) James W Bauman *..*My Commission CC893240 '\;" ,,;.I'. ExpIres January 16. 2004 " , THIS INSTRUMENT PREPARED BY: JAMES W. BAUMAN, ESQ. 1008 Drew Street Clearwater, FL 33755 . t" )RI313 1J.lld3(l ~ 00"' ::mJK1 OS.6l$ :Q39lN31.1.MlJ }I3](l \ ~"61$ :1JlOl ~ -- t 05"61$ 1 SllJd l1O() gu(Rl{Iml , ~O:9d3 ~:9dS OOt1lt:)Il l~~O:II UiflIJO ~l 0RN9 VOOlml-!JJ "is Z83 Ol:~:~l g)()G-Ll-10 th6lmfJ /.i 41 Ht(T)f\l~ '1J)IW 9f1l]tld , '.. - . , . ,,~ JI~~IGINAL ACCESS. EGRESS AND USAGE AGREEMENT \A.)cts\.~ ~ \) ~ ~ s+~......... This contract made this 12th day of May 2003, by 1504 Garden, INC., a Florida Corporation, the owner of503 Marshall Street, 1505A, &B N. Fort Harrison, and 1504 N Garden Ave., Clearwater, Pinelas County, Florida, hereinafter referred to as " Owner/grantor" and "User/grantee": The Owner/grantor grants to User/grantee access, egress and usage of Waste dumpster on the property located at 1504 N. Garden Ave., Clearwater, Pinellas County, Florida, More legally described as: LEGAL DESCRIPTION: PARCEL 1: LOTS 5, 6, AND 7 OF E.A. MARSHALL'S SUBDIVISION, TOGETHER WITH THE EASTERLY 5 FEET OF THE ALLEY (NOW VACATED) LYING IMMEDIATEL Y WEST OF SAID LOTS 5, 6, AND 7, ACCORDING TO MAP OR PLAT RECORDED IN PLAT BOOK 7, PAGE 17 OF THE PUBLIC RECORDS OF IDLLSBOROUGH COUNTY, FLORIDA, OF WlCH PINELLAS COUNTY WAS FORMERL Y A PART: LESS AND EXCEPT THAT PORTION OF SAID LOTS 5,6, AND 7, LYING EASTERLY OF THE WEST RIGHT-OF-WAY OF GARDEN AVENUE. TOGTHER WITH THE FOLLOWING; COMMENCE AT THE INTERSECTION OF NORTH BOUNDARY OF LOT 3 OF LESLEY'S SUBDIVSION AS RECORDED ON FEBRUARY 4, 1884, IN DEED BOOK K, PAGE 471, OF THE PUBLIC RECORDS OF HILSSBOROUGH COUNTY, FLORIDA, OF WICH PlNELLAS COUNTY WAS FORMERLY APART; WITH THE WEST RIGHT-OF- WAY LINE OF GARDEN AVENUE AS IT IS PRESENTLY OCCUPIED; THENCE NORTH 81 '14'34" WEST, (BASIS OF BEARINGS IS ASSUMED) ALONG THE NORTH BOUNDARY OF SAID LOT 3, A DISTANCE OF 72.69 FEET; THENCE SOUTH 06.04'06" WEST, ALONG THE SOUTHERLY EXTENSION OF THE CENTERLINE OF A VACATED 10 FOOT ALLEY L "YING WEST OF LOTS 5,6, AND 7 AND EAST OF LOTS 8, 9, AND 10, E.A. MARSHALL'S SUBDIVISION, AS RECORDED IN PLAT BOOK 7; PAGE 17; OF THE PUBLIC RECORDS OF HlLLSBOROUGH COUNTY, FLORIDA, OF WICH PINELLAS COUNTY WAS FORMERLY A PART; 15.02 FEET; THENCE SOUTH 81 "14'34" EAST, 15.00 FEET SOUTHERL Y OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID LOT 3, A DISTANCE OF 70.62 FEET; THENCE NORTH 13"57'36" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF GARDEN AVENUE, 15.06 FEET TO THE POINT OF BEGINNING. ~[EC~~V[ED DEe 0 8 200~ PLANNING DEPARTMENT CITY OF CLEARWATER ..' .' "', rf" ORIGINAL 1504 GARDEN, INC. - II~~ President Owner/grantor and User/grantee, COUNTY OF PINELLAS STATE OF FLORIDA Before me this day personally appeared HASlllM SULLIAMAN, as president of 1504 GARDEN, INC. who is personally known to me to be the person described herein, or who has provided Florida ID as identification, and who executed the foregoing, and acknowledged that he/she executed same of his /her own free act and deed, for the purposes therein. I have hereunto set my hand and affixed my seal, this 12th day of May 2003. f{ lJ L :5 !fs 5 ?V-q -;0-;;)7- 0 (! 0 (- . {j ~ /~~\~ - Notary Public / My commission expires -""~A\~;;",,, Ana Marla Schweitzer [:rr/1;,.~;~ MY COMMISSION # DD073465 EXPIRES ~~..~..r: January 22. 2006 "~fo;",<t.. BONDED THRU TROY fAIN INSURANCE.INC "ll"'" ~fEC[E~V[ED DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER . . OR\G\NAL , ~'EC'- r-"'}'" ". ," '":""~'\' , ,'k.'!: """ ",.;') 4 f_ ~..' \'II ,_.~ ....U IV . DEe 0 8 200 it PLANNING 1"'1"';'''' ,'~ ',"'" CITY OE ~". ," , , r '"-",,,Ll., ....~' ~ ,;~. .... C :: i o iX! II.. . a: w ~ C ...I o :t: This ~ arranty Deed KtmEN F. DE B11i<ER, ClERK OF COIJRT PllR1JlS COIillY, F1..IIRlDA 'Made-lhis 3rd day of December by Abdelmaged Mustafa Ahmed 8C18145'1 12-19-2001 14:55:58 51 &1504 GAADEN , 021B98 ID:Ol444362 BK:11741 BPG:1534 EP6:1535 REOORDIIIG 002 PAIIS 1 $10.50 DOC SlAW ClII.l1CTION 2 mO.75 , ore SlAIIP - Dl219 3 $2,625.00 TOUt: $2,%6.25 DECK flKT .TENDERED: $2.966.25 rnAIII: $.00 BY +- nmnv 1lERK A.D. 2001 JTf . MGES :;;... ACCT. - CHGAMT - CKAMT === ~ :::1il;J;II DS DR2f9 _ ~~..... os ~. _ "V INT . whose post office address is: FEES 1504 N. Garden Avenue MTF- Clearwater, Flori~a 33755 ~C Grantees' SSNt - ~AL ~q$,a~ hereinafter called the grantee: (,5 I ' (WheDever ..<<I bereIn the tmD 'gIII11Or' aDd 'gramee" iDc11Ide all the parties 10 thIa InstromeDl aDd the heirs, legal rep....eDllldv.. aDd ~slgns of Indlvlduala, and the auccesaora and uslgna of corporadona) Witnesseth, that the grantor, for and in consideration of the sum of $ 10. 00 ami other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rel1llses, releases, conveys and confums unto the grantee, all that certain land situate in Pinellas County. Florida, viz: See Schedule A attached hereto and by hereof. hereinafter called the grantor, to 1504 Garden Inc. this referenc~_ma.de _~ part, '01::-444382 DEe-ls-aDD I a : 56PM PIHELLAS co SK 11741 PG 1534 IIIIilUW D11llmlllli mllIlIDllmI ill RII Subject to covenants, restrictions, easements of record and taxes for the current year. Said property is not the homestead of the Grantor under the laws and constitution of the State of Florida in that neither Grantor or any members of ti>e household of Grantor"rea:Lde thereon. Parcel Xdentification Number: 09-29-~5-55530-000-0050 Togetherwith all the tenements, hereditaments and appurtenances thereto belonging or in anYWISe appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with Said grantee that the grantor is lawfully seized of said land in fee slIDple. that the grantor bas good right and lawful authonty to sell and convey said land, that the grantor hereby fully WalTants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that Said land is free of all encwnbrances excepl!aXes accruing subsequenl to December 31, 2 0 0 1 In Witness Whereof, the said grantor bas Signed and sealed these presents the day and year first above wntten. Signed, sealed and dellvered In our presence: fJn?f~~~J! ~ ~J ~ Icsl ~~..:== .J:Pde agfid W.ll.st\1fa Ahmed Brook ay ampa, 0 a 3364 _ ~.sA :'1lTft '" AQ4rm ILSl Name &: AOClIeSS ILSl -r;.4/~ ILSl Wftness Print Name: Name "ACUU'eS$ State of County ~f Florida Hi~lsborough The foregoing mstrument was acknowledged before me this 3 rd day of DecE!1l1ber 2001,by Abdelmaged Mustafa Ahmed who IS personally known to me or who bas produced drivers license as IdentifiCatiOn. /'- ~ Notary Pubhc Prmt Natne My CODlDllSsio Exuires: WD-I 5/93 PREPARED BY: A. Moody RETURN TO: Alday-Donalson Title ~l~O~ North 56th Street Temple Terrace, FL 33617 File No: 5~01-0995. ~. ~ 'r. o - x .; THOMAS T. ALDAY Notary Public, Slate 01 Rorlda My CommissIon ExpIres Feb 22. 2CC~ CommIssIon II CC 786197 ," r I i , . . Schedule A PINE~~AS COUNTY rLA. Orr.RSC.BK 11741 PO 1595 1 Lots 5, 6 and 7 of E.A. Matshall's Subdivision, together with the easterly 5 feet of the alley (now vacated) lying immediately West of said Lots 5, 6 and 7, according to map or plat recorded in Plat Book 7, Page 17, of the Public Records of Killsborough County, Florida, of which pinellas County was fo~erly a parts LESS AND EXCEPT that portion of said Ltos 5, 6 and 7, lying Easterly of the West right-of-way line of Garden Avenue. TOGETHER wrl'K the followings COllll1lence at the intersection of the North boundary of Lot 3 of LE~LEY'S SUBDIVISION as recorded on February 4, 1884, in Deed Book X, Page 471, of the Public Records of Hillsborough County, Florida, of which Pinellas County wa~.fo~~rly a pa~t, wi~~t~e Wes~,r;ght7Qf-way line of Garden Avenue as it is presently occupied; thence North . 88014'34" West, (basis of bearings is assumed) along the North boundary of said Lot 3, a distance of 72.69 feet; thence South 060~4'06" west, along the southerly extension of the centerline of a vacated 10 foot alley lying West of Lots 5, 6, and 7 and East of Lots 8, 9 and 10, E.A. Marshall's Subdivision, as recorded in Plat Book 7, Page 17, of the Pub~ic Records of Hillsborough County, Florida, of whicb Pinellas County was for.merly a part, 15.02 feet; thence South 81014'34" East, 15.00 feet Southerly of and parallel to the North boundary of.said Lot 3, a distance of 70.62 feet; thence North 13057'36" East, along the West right of way line of Garden Avenue, 15.06 feet to the Point of Beginning. Parcel 2 Lot 10 of E.A. Marshall's Subdivision, according to the map or plat thereof as recorded in plat Book 7. Page 17, of the Public Recoras of Hillsborough County, Florida, of which Pinellas County was formerly a part AND The North 50.15 feet of the West 5 feet of a certain vacated 10 foot alley running along the East line of Lot 10 of E.A. Marshall's Subdivision, according to the map or plat thereof as reorded in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida, of which pinellas County was fo~erly a part. SUBJECT TO that certain mortgage to Bank of America, N.A. from Abdelmaged Mustafa Ahmed, dated August 24, 1999, and recorded in Official Records Volume 10659, page 1715, of the public records of Pinellas County, Florida, securing a promissory note in the original amount of $39,153.00; current outstanding balance $22,389.55. SUBJECT TO that certain mortgage to Delaware Savings Bank from Abdelmaged M. Ahmed and Gail Ahmed, husband and wife, dated November 25, 1997, and recorded in O.R. Book 9930, Page 1543, of the public records ot Pinellas County, Florida, securing a promissory note in the original amount of $82,000.00; current outstanding balance $72,045.7a. 5-01-0995 OR\G\NAL [R[E~~[E~V~D'O" DE J 0 8 20'04 PLANNIi\ G DEPARTMENT CITY O~I: CLEARWATER I I ""I x;(~;;: ';~~~~:' .t~r:' ~'f~!'<;~ ~h~~", ;)}f1 '. ~~lt ~<~ :~[;'~':'t:1~g;~)~~ "~;;\ _'''ffl~~ ,~ .~ <On' .. ",: ALTA OWNER'S POLICY - 10-17-92 WITH J:1..0RIDA MODIFICATIONS "1f y,ou,.want I,nformation about coverage or nf ',sis.tance to resolve C?mplaints, please cal~ 1-8C . , you~musl fumish wntten notice In accordance \ ,ectlon 3 of the Conditions and StIpulatIons. Yislt our World-Wide Web site at: htto://www.stewart.com 1-1902 If you make a claim under your policy, -------- ------ POLICY OF TITLE INSURANCE ISSUED BY 0 RIG I N A L STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM ~ ERAGE, THE . SCHEDULE B AND THE CONDITIONS AND PULATIONS, ST corporation, herein called the Company, insures, of Date of Polic exceeding the Amount of Insurance stated in S' Ie A, sustain ~, ;'> 1. Title to the estate or interest described " 2. Any defect in or lien or encumbranc ",~,:~:; 3. Unmarketability of the title; 4. Lack of a right of access to an The Company will also .pay the costs" 'Ji.."l'Ji to the extent provided in the Conditions 'an' IN WITNESS WHEREOF, Stewart TI duly authorized officers as of the Date of EPTIONS FROM COVERAGE CONTAINED IN ART TITLE GUARANTY COMPANY, a Texas own in Schedule A, against loss or damage. not ,iccurred by the insured by reason of: 'ea'other than as stated therein; , in defense of the title, as insured, but only this policy to be signed and sealed by its thonzed Signatory ALDAY-DONALSON T , Company 11103 N. 56th RE Tr.vr" r- TF8RACF FL 33617 City, Slate I ~, J .> f ., , ,.If to' ~~ M ,COVERAGE ; 9 t.h'~ Company will not pay loss or damage, costs, attorneys' fees or ~~,':~iW _ "" , ed:tP!building and zoning laws, ordinances, or regulations) restricting, ~ ,th,t0aM;~0i) the character, dimenSIOns or location of any Improvement now or nfthJl ,~,men~ions or area of the land or any parcel of which the land is or was a .la~s',(jCf es or governmental regulations, except to the extent that a notice of It)nli:;fr6' lation or alleged violation affecting the land has been recorded In the DEe 0 8 2004 ~~,d~ RECEiVED PLANM!\lG DFY' r;-" r~' 'T The following matters are expreSSly excluded from the cov expenses which anse by reaSOn of: 1, (a) Any law, ordinance or governmental regulation (lnel regulating, prohibiting or relating to (i) the occupancy, use, or' hereafter erected on the land, (III) a separation In ownership or, part, or (IV) environmental protection, or tile effect of any vlolatlo the enforcement thereof or a notice of a defect, lien or encumbra public records at Date of Policy ': (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercIse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prror to Date of Policy which would be binding On the fights of a purchaser for value without knowledge, 3 Defects, liens, encumbrances, adverse claims or other matters, (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under thIS policy, (c) resulting In nO loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the Insured claimant had paid value for the estate or Interest insured by this policy, 4 Any claim, which arrses out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reaSOn of the operation of federal bankruptcy, state Insolvency, or similar creditors' rrghts laws, that IS based On (a) the transaction creating the estate or Interest Insured by thiS policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or Interest Insured by thiS policy being deemed a preferentral transfer except where the preferential transfer results from the failure (I) to tImely record the Instrurnent of transfer, or (i1) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor CI"'( .~, -, (" , ' . ~ II v~ ~,,; (. L,t II' '. I..! _. 'I - - - Page 1 of 02125 Policy _ _ Senal No 374268 - - - - BestC COP~! '-'"1.\v i Q CONDITIO~_S AND STlPU!ATlO~ 0 R ItJ 11\1~t rQ)~(/~rC~I;~4il':~D t I. DERNITION OF TERMS. IN; J.; ~ IS U I<!J' l!fijll~, wh,,, ~i, pol"y p"mit, " ""i", Ih, C,mp"y 10 p' Th, 1,II,woo, I""" wh" ""d i" Ihi, p,lky m",,, "I, " p,o.id, 10, Ih, d,'"" ,I "y ,"i" " P"'"doo" Ih, i",""d , (,) "i,," "d", Ih, i'""d "med i, S,h,d,l, A, "d, ,"bj'" 10 "y ri,h" """ 10 Ih, Comp"y Ih, ,i,hl I,,, p""""" p".id, d,I"" i, Ih,,, "d,I",,, Ih, C,mp"y wo,ld h,,, h,d ",i,,1 Ih, "m,d i"",d, Ih,,, whJlEC O.,gP'~i'" "d ," 'p""" Ih'"i" "d p"mit Ih, C,mp"y 10 ''', , '"""d I, Ih, i,I""1 ,I Ih, "med i'''',d by,,,,,,,,," " I,w " doh",i,h..!' 'ph","ih, "m, ,I Ih, i,,",," I" Ihi, P"p",. Wh,,,.,, ",,,"ed by I"m p",h,,, i,d"di", b" ",I limit,d I" h,in, dotrib,I"" d"i"", ,""i"n, C,mp"y, ,h, i"""d, 'I I.. C,mp"y', ''P'''', ,h~' ,i" Ih, C,mp"y p,",,,' "P"""loli.", "~', ki" " "'1""1, " 'id'd,? ,"Q'.,/i!l.ANNIIIIG [?"r,.'bl~.aI"I<iW' ooy "Ilo" "P"",di", "wi" "id,.", ,bl,i,i" ' (b) "insured claimant": an insured claiming loss or damage. r.'nyV O~ Clnesses.~p.icis;.Cipjng or defending the action or proceeding, or effecting set ('I "k",wl,d"",, "k",,", '",,' k"w'ed", "I '''''''''''''' ko..',~" r ":-'';Ii';:ffa'llij:i~ "y ,~" lowl,' ," whkh i, Ih, 'pi,ion " Ih, C,mp"y " " "h" whkh m,y b, imp'l,d I, " i',""d by""" ,'~, p,bli, ""ro, " bo "''''''>' " d,""b',,, ''',bli,h Ih, h;, Io~, ,,,,..,, i.I""I" i,,". d,li"d i, ~i, p,li<y " ooy ,~" '''',d, whkh imp'rt "'"'''''''' ",h" " If Ih, Compo,y i, p"i,dked by Ih, l,iI", 'I Ih, i",,," I, I""i,h Ih, ""i, motten ,1I'"i" ~, lood. . "'''''otioo, ~,C'mp"y', ,bli""" I, ~, i.,""d omd" Ihe poli<y ,h,1I I, (d) "I"d", ~, 'ood d'~,ib,d " "I'''ed 10 i, S,h,d,l, A, ood ime'''' mi.ot" i",',di" "y Ii,bilily" ,bli"hoo I, d,l,od, P""",.., "',,'"'" moo" ,lIi'ed Ih"", whkh by low 'OO"il,l, ,,,' p"p,rty. Th, I"m 'I"d" lih,oti,., wilh ",,,d 10 Ih, m,.., " m,"" ""i,i" ,",h <O'P"'''''. d'''",1 i,,',d, "y P"p'", b'yo,d Ih, Ii,,, ,I Ih, "" d'~ribed" "I'",d 5. PROOF OF lOSS OR DAMAGE. I, i, S,h'd,', A, '" "y 'i,~, h;" i'I""I, ,,,,.. " "'''m,,1 i, 'b'ffi" I, ,ddiho, I, ,m! ,k,,~, ""," ""i"d omd" So"'" 3 " Ih,,, C,,, "'''', ""d" '''"''', "'''''' 100", wo~" wot"',,,~, b,1 'othi" h,,,i, ,h,1I h,,, "d 5hp,'oti,,, h,,, bo" p".id,d ~, C,mpooy, , p",,1 " I,." d" m,dily " limit Ih, '~"I 10 whkh , ,i,hl ,I "". I, "d I"m ~, ~'d i, '" ,i,,,d ,.d 'w.", 10 by lho i'''"d d,im"l ,h,1I h, I,,,i,h,d 10 ~, Coo i'''"d br ~i, polk,r. pooy within 90 d,y' ,f1e, tho i',",ed d,im,,,, ,h,1I '<atrt,i,~, f,,,, ,i.i,g ri, (,) 'm'rt",,', m,",'", d"d " I",,,, 1",,1 d"", " oth" "'''ity 10 ~, "" " d,m",. Th, p",,' ,I ~. " d,m", ""'II d"aib, Ih, d,I," il i"l",m"l. " Ii", " ,,,umb,,,,, " ~, ,t1" "'~" m"" iri",," ",i.'1 by Ihi, p,l" (') "p,bli, "",M', ,,,,,oj, ''''bli,h,d ""d" 'lot, '10M" 'I Dol, " p". whkh ""htut" Ih, be,i, " ". " d,m", "d ""II "'I" I, Ih, '~"I p,"i i')' I" Ih, P''I'''' ,I imp'rti" '''''>ort;" oolke ,I m"," "'oIi" I, ",, bl" ~,h"i, 01 ",..,h" Ih, 'm',,1 ,I ~, I," " d,m",. II th, C'mpo,y i, P""'"' 10 p."h,,,,, I" "',, "d with"" koow',d". \'f'h "'pod 10 """,, p"i,di"d by ,h, Ioilu" " ~, i'M,d d,imoott, p""d, ~, "q,ked p'ool " I(')(i.) ,I Ih, hd,",,, F"m C"""" "p,bli, ,~,oj," ,h,1I ,", iod,d, I," " d,m'g., th, C'mpo'y', ,bli""., 10 Ih, i"."d "d" 'h, p,li<y ""II "",,"m"I,1 p".."'" Ii." fil,d i, Ih, _d, ,I~, "'~ ,I~, U,it,d Sto", """i,ot" i,dudi., ony flowlily ",bli,oti" I, d,l"d, P"''''''', ""'.'" d""'" ",rt I" Ih, di,l,i" · whith ~, I"d i, '"ot,d. "'Y I."h,., with """'" Io~, m,'"" m,n," ",.<ri" ''''' p,ool of ,,"" (,) ""m"lot,bility ,I Ih, litl,", 00 ,1I",d " 'ppo..'1 m""" ,",,,,,, d,m",. . , ~, h;, 10 lho ".d, '01 "ohtd,d " ""p"d '''m """", whi'" w,,'d "titl, . I, ,ddih,., th, i"w,d d,im'.1 m,y """,b~ b, ",.i"d I, "bmit I, ' p"th"" ,llh, "lot,,, i'I""1 d'Krib,d i, &h,d,l, A 10 b, '''''"d &om "'mi"h" "0" 'oIh by "y 'ulh"i"d "P",,,,I,.,, " ~, C,mp"y ",d Ih, ,bli"li" I, p,,,h,,, hy yi"", " , ","0010,1 ",diti" ",ui,i" Ih, ,h,/I p"d"" 10, ",mioo"'" i"p","" ood "pyi", ot "th """,bl, 'm.. d,Ii,,? ,I m"k,l,b" titI,. '. '.. . ood p'"'' "m,y bo d"i,ooled by ooy "Ih,ri"d "P"",loti" ,I ~, C,m. ,. CONTINUATION OF INSURANCE AmR CONVEYANCE OF TITlE. p,riy, ,/I' '''old" book" ',d"n, ,h~k" """p"d"" ood ",m''',d" Th, """" ,I Ihi, p,li" .h,1I "oIi", i, 1,,,,-,, ,I Opt, " P,Ii<y.i, wh'lh" b"ri'g , d,I, bo"" ",II" Dot, " P,Ii<y, whith ""'",b~ p'rt,i, 10", " 00 i"",d "Iy " 100, " ~, i'''',d ,,,,i,, 00 "101, 01 i''''''1 i, Ih, I, ~, I," " d,m",. "'rth", il "''''',d by OOy "Ih"i"d "P"""'oti" " I,.d, " h,ld,,, i,d,bI'd,," """d by, p"th,,, m,,,y m,""" ,;,,, by Ih, C'mpo,y, Ih, i.M,d d,im"l ,h,1I "001 it< p"mi"i", i, w,;li", '01 "y , "",h,,,, '''m Ih, i"",d, "ooly " ~" " Ih, .""" ,h,1I ho" Ii,wlily by "~ori"d "p""oI,'" ,I ~, Compooy I, ,>omi", i"p," a,d "py ,/I """" " """'" ,I wommty m,d, by~, i'",ed i, ooy ",,,,,, 01 ""',,,. "",d" be,k" led"n, th"k" """p"d"" ood m,m""d, i. ~, ""ody "'" " ~, "lot, "i,....... Thi, poJky ,h,1I "I '''Ii", i, I,,,, i, ,,"', " " ,,,",I " , Ihi,d PO"" whkh ""'"bly p'rt,i, " ~, ,," " d,m",. All "y p"th"" f<Om lho i,,,,," of ,i~" (il 00 ''''I, " .1,,,,, i, I.. ~,d, "[oi) i,I'"",Ii" d'.g"led " ",lid"h,1 by Ih, i",""d d,im"l p".ided I, Ih, " iod,b""',," """" by, p'"h,,, m,,,y m,",'" ,i." 10 Ih, i'''"d. C,mp"y'p"",nl I, Ihi, S"'i" ,h,/I "I bo di,d"", I, ,Ih" u.I,", i, ~, 3. NOTICE OF ClAJM TO BE GIVEN BY INSURED ClAIMANT. "'''"bl, i,d,m,,, " Ih, C,mpooy, it i, "'''''''Y i, Ih, ,dmi,i",Ii" ,I ~, Th, i'""d ",,/I "lily Ih, C,mpooy p"mptly i. ...", (i) i, "" ,I "y d,im. F,iI,,, " th, i.'""d d,imool I, "bmit I" ",mi"li" "d" oo~, pro. liti'oIi" " "I fot1h i, S<<Ii" 4(,) b,~w, [oil i, "" k"w',d" ,h,'1 "m, 10 d,,, 'Ih" '''".,b~ ,,,"",d i,I,""oti" " ""I p"mi"i" I, '''"'' "'. ,. i"",d h'''"d" " "y d,im ,I Ii;,,, i,.."" whkh i, ,d,,", to Ih, lill, '",bly """"'>' i"'"",h" '''m Ihi,d p,rti" " ",,'i"d i, Ihi, po","ph 10 Ih, "101, " i,""", " i""ed, ood whith mi,hl "'" I," "d,m", 10, ,h,1I "'mi".. ooy Ii,bility ,I Ih, Compooy "d" ~i, p,li<y " I, Ihal dolm. wh/<h ~, Compo,y moy b, Ii,b" by .irt" " Ihi, p,Ii<y, " (iii) if litl, to ~, 6. OPTIONS TO PAY OR OTHERWISE SETTLE aAIMS; TERMINATION OF estate or interest, as insured, is rejected as unmarketable. If prompt notice shall LIABILITY. 001 bo ,i." I, Ih, C,mpooy, ~" "Io~, i'''',d ,1I1i,bility ,I Ih, C,mpo'y " "" ,I, d,im "d" Ihi, p,Ii<y, Ih, C'",,"y ,h,1I h", Ih, Iollowi,g shall terminate with regard to the matter or matters for which prompt notice is additional options: ""i"d; p".id,d, h,...", ~0I ',iI", 10 ""'Iy Ih, C,mpo,y ,h,1I i, """ (,) T, Po,,, Tond" Po,,"'.1 ,/ Ih. Am,u.' of I.,"",n... P"I,dit, Ih, ,i,hl' " "y i"",d "d" Ihi, poJi')' "I", Ih, C,mp'.y ,h,1I b, T, p'y " I,.d" poym,,, ,I Ih, ,m'''1 ,I i"""" "d" Ihi, po'''y ."j,d"'d hy~, l,iI,,, ,od Ih" "'y I, ~, "",,1,1 Ih, ."I"d"'. Io,"h" with "y "'", 0I1o,,,~, I,,, ood "p"", i"""d by th, i"""d 4. DElEN5E AND PROSECUTION OF ACTIONS; DUTY OF INSURED d,imool, whith w", "Ih,ri"d by Ih, C,mpooy, 'p I, Ih, lim, ,I P'ym," " aAfMANT TO COOPERATE. I"d" " p'y"",1 a,d whi,h Ih, Compo,y i, ,bli,,"d I, p'y. (,) Upo, ..iff" "'"'' hy Ih, i'""d ood "b,,,, Io~, 'pli,., ""ai"d Up" Ih, "'ni" by Ih, Compo'y " Ihi, 'ph", ,'I Ii,bility "d ,bli""" i, Soct", 6 ,I Ih", C"ditl,,, ood Slip,'oti"" Ih, C,mpo,y, ,I it< ow, ,," to ~, i'""d "d" Ihi, poli')', oIh" .hoo to m,k, Ih, p'ym,,1 ""i,"', ,h,iI '.d wi~,,, ''''''''"bl, d,',y, ,h,1I p".id, I" Ih, d,I,,,, ,I " i'""d i, I'""iool', i"l,di,g "y Ii,bility ",blig,li" I, d,l"d, pro,,,",,, " ,,,',,' lih,oti" i. whit" ooy Ihi,d po", ",,'" "~im ,d"",,, Ih, titl"",I,,,,, " ooy lih"h", ,.d Ih, poli<y ,h,1I b, '''",d,..d I, Ih, C,mp"y I" insured, but only as to those stated causes of action alleging a defect, lien or cancellation. ""mb"." " ,Ih.. m,", i""'d ",i"l by ~i, p,li<y. Th, C,mp,oy ,h,1I (bl T, Po, " 0tM,w;" Sotll, With P"Ii.. Olh" th,. Ih, I.,u,," .. have the right to select counsel of its choice (subject to the right of the insured to With the Insured Claimant. object for reasonable causel to "P""'I Ih, i'''''d " I, Ih,,, ,toted """ ,I (i) 10 p'y " oIh,..." ",I, wi~ 'Ih" p'rti" I" " i, Ih, "'" ,I " ooli" ood ,h,1I "I b, Ii,b, I" ood will "I poy I.. I,,, " ooy 'Ih" """,. i'""d d,imool "y d,im i',""d ",i,,, "d" Ihi, p,Ii<y, to,'lh" with "y Th, C,mp,oy will 001 p'y "y "", "," " "p'"" ."",d by Ih, i'''''d i, ""', ''''''Y'' "" a,d ""''''' i''''',d by ~, i'""d d,im,,, wh"h .." ~, d,I"" ,I Ih,,, """ ,I '"i" whith ,II", m"", ,ot i""ed ",i,,, by ,oth"i"d by ~, C,mpooy 'p 10 Ih, tim, ,I p'ym,,1 ood whith Ih, C,mpoo, this policy. is obligated to pay; or (b) Th, C,mpooy,h,1I h,,, Ih, ,i,hl, ot it, ow, "", I? i~,""", .ood P"'" (') 10 poy " '~~lWi". "ffI, with Ih, i"""d d,im,ot Ih, ,,~, " d'm. "I, "y ,"i" " p"'"d", "I, d, ooy 'Ih" ," wh"h " ," 'p'"" m,y b, '" p"..d,d I" "de, Ih" p,h,y, 1",lh" .,Ih "y "'", """y' ,,,, ood ",,""?" d'""bl, I, "I,bli,h Ih, titl, I, Ih, "I,t, " i"I""I, " i"",d, " "p"", i''',,,d hy th, i,,,..d d,imool whkh "" "Ih"i"d by ~, C'm. I, P'''''I" "d", (," "d,m", 10 Ih, i"",d. Th, C,mpoo, m,y tok, "y p"y 'p I, ~, tim, " P',,""I ood whkh Ih, C'mpo,y i, ,bli',"d I' p', '''''pri,l, "." "d" Ih, I"m, ,I Ihi, p,Ii<y, wh"h" " 001 it ,h,1I b, li,bl, Upo, ~, """" by Ih, C,mpooy " ,ith" ,I Ih, 'pli,,, p".id,d I" i" h"'''d", ood ,h,11 001 Ih,,,by ",..d, Ii,bilily" woi.. ooy ptO.i,i" ,I ~i, po",toph, (b)li) " (ii), Ih, C'mpooy', ,bli,oti,,, I, Ih, i"",d "d" Ih" p,l. p,I,<y. If Ih, C,mp"y ,h,1I "'"i" '" ri,hl' "d" ~i, P''',toph, it ,h,1I d, " i<y I" Ih, d,imed ,,<< " d,m"" oth" Ihoo Ih, p'ym"l, ""i"d I, b, dili'''lly m,d" ,h,1I l"mi"I" i,d.di., ooy Ii,b,hty " ,bli""" 10 d""d, p'",,,,, (c) Whenever the Company shall have brought an action or interposed a or continue any litigation. d,'"" " ""it,d" p"miff,d by ~, p".i,i", " Ihi, p,h,y, Ih, C'mpooy 7. DETERMINATION, EXTENT OF UABlUTY. m,y p'"" ooy (iti""" I, Ii,,( dot"mi,otioo by, ",rt ,I "mp'I"1 ,"ri,dk. Thi, p"ky i, , ".110" ,I i,d,mmly 'g,i"l ,ct", m'''I,? ,,<< " d,m. lion 'm! "p,,,,ly """" Ih, ri,hl, i, it< ,oj, di","", I, '''001 I"m "y '" '"I,i"d "i',"ti.d by Ih, """d d"mool wh? h" IOII",d ,,<< " dom. adverse judgment or order. ~~e by .reas~n cif matters Insured nnn.n.. l... .L , If J I I CONDITIONS AND STiPuLATIONS Continued (continued and concluded from reverse side of Policy Face) ORIGINAL (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (!U (This paraQraph removed in Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting 'one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. ' .' ' '" ,- " , . - " ~.' .', (a) If the Company e~tablishes the'title, or re'm~ves the, alleged defact, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the. Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company sholl not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. AII/ayments under this policy, except payments made for costs, attorneys' fees an expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company-may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured ~as agreed, ass.um~d, or taken subject, or which is hereafter executed by an Insured and which IS a charge or hen on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under lhis policy to the insured owner. 12. PAYMENT OF LOSS. ' (a) No payment shall be made without producing this policy for endorse. ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or ~es~r~ction shall be furnished to the satisfaction of the Company. . (?) When liability and the extent of loss or damage has been definitely fIxed In accordance With these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol. icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies ag~lnst any person or property necessary in order to perfect this right of subro- gation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If ,a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required tOlay only that part of any losses insured against by this policy which shall excee the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua. ranties, other policies of insurance or bonds, notwithstanding any terms or condi. tions contained in those instruments which provide for subrogation rights by rea- son of this policy. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur- ance Arbitration Rules of the American Arbitration Association may be demanded if aQreed to by both the Company and the Jnsured. ,Arbitrable matters may include, but are not limited to, any controversy onlaim between the Company' and the insured arisina out of or relatina to this policY, any service of the Company in connection with its issuance or the breach of a policy provision or other obliQation. Arbitration pursuant to this policY and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of PolicY shall be bindinQ upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailinQ party. JudQment upon the award rendered by the Arbitrator{s1 may be entered in any court havinQ iurisdiction thereof. The law of the situs of the land shall opply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT: (a) ThiS policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com. pony. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a. writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shal remain in full force and effect. 17. NOTICES, WHERE SENT, ' . All nohces reqUired to be given the Company and any statement in writing required to be furnished the Company shall Include the number of this policy and shall be addressed to the Company at P.O Box 2029, Houston, Texas 77252-2029. RECfE~VEfD DEe 0 8 ,2004 PLANNING DEPARTMENT CITY OF CLEARWATER STE"\VAH.T TITLE G U A RAN T Y (' (I M I' AN' '...., :.;: ... .::~.: --, ~ ,". ..:': ~ :-.} '" ~<. :-: ~ :; tf!!!r' , " -:. '.:: '. :.;': ;.,:: ~:.:; :';'1 s',', .",'. ~ : ',' '" r1 :'::: :~": '" ','. :; : :1 ",: >" :.i , ,~ :-, -~ '" , " ", " '" Y: :> l , , :~ ~:'~ ,'.; " " '. ", '., ',:: :,': :~: " ',;; " ---1 <:( 2: - <.D - 0::: o STEWART TITLE GUARANTY COMPANY ESTABLISHED 1893 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH QUALITY ~ ~- - - - - ~ - ~ ~ ~ ~ ~ ~ ". . SallCiI/ y 01 ( Onl mu STEWART TITLE GUARANTY COMPANY ~ ,,~ - - ~ - - - ~ Q t- 2~ LUw W -::r ~~ > = b2;s: c:::::l C'.I ~~ < " ,""" CX) 1hL.!J 0 Q-J U U (!)U ZU- LU -0 W c:::l ~(.:: ~ ~U c.. POLICY OF TITLE INSURANCE SCHEDULE A ORIG\NAL FILE NO. POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE December 19, 2001 5-01-0995 0-2125-374268 @ 02: 5 6 : 0 0 PM ' $ 375,000.00 ' 1. Name of Insured: 1504 Garden Inc. 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested the Insured. 1504 Garden Inc. 4. The land referred to in this policy is described as follows: See Attached Continuation Owner's Policy A ~fEC[2uVfED DEe 0 8 2004 PlANNUNG DIEPARTMENT errv Of ClE/\RWAIER For Company reference Purposes Only According to insured representation or vesting instrument(s), the street address of the property is: Street Name: 1504 N. Garden Avenue City/State/Zip: Clearwater, Florida 33755 County: Pinellas Pin/Tax #: The Company does not represent or msure the above address is accurate 09-29-15-55530-000-0050 STEWART TITLE REG. D 0012 Rev 11-91 "NOT VALID WITHOUT SCHEDULE B" . " \' , ~t2CE~VEfD DEe 08 200% ORIGINAL Attached to and made a part of s~w,\l\rt7>f.iti~G"uaF'amfCompany Policy No. 0 - 212 5 - 3 74268 em; O~ CI,:f' ~ ~\"'1l7'::U> i iu ~ ?~.iLr'u~ ..l;!jl""ib hJ;(', Continuation of Schedule A Parcel 1 Lots 5, 6 and 7 of E.A. Marshall's Subdivision, together with the easterly 5 feet of the alley (now vacated) lying immediately West of said Lots 5, 6 and 7, according to map or plat recorded in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part: IJESS AND EXCEPT that portion of said Ltos 5, 6 and 7, lying Easterly of the West right-of-way line of Garden Avenue. TOGETHER WITH the following: Commence at the intersection of the North boundary of Lot 3 of LESLEY'S SUBDIVISION as recorded on February 4, 1884, in Deed Book K, Page 471, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, with the West right-of-way line of Garden Avenue as it is presently occupied; thence North 88014'3411 West, (basis of bearings is assumed) along the North boundary of said Lot 3, a distance of 72.69 feet; thence South 06004'.0611 West, along the Southerly extension of the centerline of a vacated 10 foot alley lying West of Lots 5, 6, and 7 and East of Lots 8, 9 and 10, E.A. Marshall's Subdivision, as recorded in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, 15.02 feet; thence South 81014'3411 East, 15.00 feet Southerly of and parallel to the North boundary of said Lot 3, a distance of 70.62 feet; thence North 13057'3611 East, along t,he West right of way line of Garden Avenue, 15.06 feet to the Point of Beginning. Parcel 2 Lot 10 of E.A. Marshall's Subdivision, according to the map or plat thereof as recorded in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida~ of which Pinellas County was formerly a part AND j The North 50.15 feet of the West 5 feet of a c~rtain vacated 10 foot alley running along the East line of Lot 10 of E.A. Marshall's Subdivision, according to the map or plat thereof as reorded in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida, of which Pinellas County was Page 203-A- T (100M 2-85) STEWART TITLE GUARANTY COMPANY ... ... '~' r 203-A-T (100M 2-85) OR!G!NA,L Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 - 212 5 _ 3 74268 Continuation of Schedule A formerly a part. ~[EC[~V[ED DEe 0 8 2004 PLANNING DIEPARTMENT CITY Of CLEARWATER Page STEWART TITLE GUARANTY COMPANY . . ~ ~J t 203-A-T (100M 2-85) ORIGINAL 'Attached to and made a part of Stewart Title Guaranty Company Policy No. 0-2125 - 374268 Continuation of Schedule B 15. Encroachment of fence onto subject property in alley; curb & gutter onto subject property at the northeasterly corner; concrete walk into right of way for Fort Harrison Avenue; concrete parking area into the right of way for Marshall Street as shown on survey prepared by David L. Smith, dated 11/26/01. [RlEClEuVED DEe 08 2004 PLANNING DEPARTMENT CITY OF CLEARWATER Page STEWART TITLE GUARANTY COMPANY ,.. ... ' ;1' r AL T A OWNER'S POLICY ORIGINAL SCHEDULE B Policy Number: 0-2125-374268 File No: 5-01-0995 ~[EC[E~V[ED This policy does not insure against loss or damage by reason of the following: DEe 0 8 2004 1. Rights or claims of parties in possession not shown by the public records. PLANNING DEPARTMENT 2. Easements, or claims of easements, not shown by the public records. cnv OF CLEARWATER 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or her~afterfurnished, imposed by law and not shown by the public records. 5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government or water rights, if any. 7. Taxes for the year 2002 and thereafter, if any, not recorded in the public records. Folio/Pin No: 09-29-15-55530-000-0050 8. Mortgage executed by 1504 Garden Inc. to Abdelmaged Mustafa Ahmed dated December 3, 2001 and recorded December 19, 2001 in Official Record Book 11741, page 1714 of the Public Records of Pinellas County, Florida, given to secure the principal sum of $309,435.33. 9. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village, or port authority for unpaid service charges for service by any water systems, sewer systems or gas systems serving the lands describ~d herein. 10. Matters as set forth in that certain resolution recorded Juy 23, 1942, in Deed Book 1186, Page 538, of the Public Records of Pinellas County, Florida. 11. Existing unrecorded leases and all right thereunder of the lessees and of any person claiming by, through or under the lessees and any tenants in posession. 12. Federal Tax Lien recorded in O.R. Book 11354, Page 339, Public Records of Pinellas County, Florida. 13. Mortgage executed by Abdelmaged Mustafa Ahmed in favor of Bank of America, N.A. dated August 24, 1999 and recorded September 15, 1999 in O.R. Book 10659, Page 1715, in the original amount of $39,153.00, of the Public Records of Pinellas County, Florida. 14. Mortgage executed by Abdelmaged M. Ahmed and Gail Ahmed, husband and wife to Delaware Savings Bank, dated November 25, 1997 and recorded December 10, 1997 in O.R. Book 9930 Page 1543, in the original amount of $82,000.00 and recorded in the the Public Records of Pinellas County, Florida. See Attached Continuation Owner's Policy B Exceptions numbered 1, 3 and 4 are hereby deleted from the Owners Policy. . y', " , ~ ORIGINAL Alday-Donalson Title Agencies of America, Inc. 11103 North 56th Street Temple Terrace, FL 33617 Phone: (813) 988-2836 Fax: (813) 989-3647 May 1, 2002 1504 Garden Inc. Attn: Hashim Sullaiman 1504 N. Garden Avenue Clearwater, Florida 33755 RE: L 5, 6 & 7, E.A. Marshall's Subd, Bk 7, Pg 17 OUR FILE NO.: 5-01-0995 Dear Hashim Sullaiman, In connection with the purchase of the above referenced property, please find the following enclosed: x. RECORDED DEED OF TRANSFER x OWNERS TITLE INSURANCE POLICY ADDITIONAL ENCLOSURES: It has been a pleasure to be of service to you. If you have any questions or need further assistance, please call. Very truly yours, Alday-Donalson Title Title Policy Department enc. ~~~C~~VtED DEe 0 8 2004 PLANNiNG DEPARTMENT CITY Of CLEARWATER MEquaJ o portunity ~mPloyer Thomas G. Dabney Chair, Sarasota Watson L Haynes, II Vice Chair, Pinellas Janet D. Kovach Secretary, HiIIsborough Maggie N. DomInguez Treasurer, HiIIsborough Edward W. Chance Manatee Ronnie E. Duncan Pine lias Pamela L Fentress Highlands Ronald C. Johnson Polk Heidi B. McCree Hlllsborough T. G. "Jerry" Rice Pasco Judith C. Whitehead Hernando David L Moore Executive Dlrec:tor Gene A. Heath Assistant Executive Director William s. Bllenky General Counsel o RIG I ~J A L Southwest Florida Water Management District ~_.jJ- --;;,~ ~ ---- "$'" "'O-'^ """""'1:1 4"';~:'fsr!'W.'I....!~h::.l.la,........ "......-t.';t~fjt~f' ;~'......~ ~'1&~&.'1Wt..,1'O ---~P!l}~;;.:g}fjff..~ 2379 Broad Street, Brooksville, Aorida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 6284150 TOD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Tsmpa Service OffIce 7601 Highway 301 North Tampa, Aorida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 Bartow Service Office 170 Century Boulevard Bartow, Aorlda 33830-7700 (863) 534-1448 or 1-800-492.7862 (FL only) SUNCOM 572-6200 SaI8SOta Service OffIce 6750 Frultvllle Road Sarasota, Aorlda 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 531-6900 Lecanto ServIce Office 3600 West SovereIgn Path Suite 226 Lecanto, Aorida 34461-8070 (352) 527-8131 SUNCOM 667-3271 May 13, 2004 Hashim Sullaiman 1504 Garden, Inc. 1504 North Garden Avenue Clearwaterj FL 33755 ~fECfEuV~[D Subject: Notice of Final Agency Action - Approval Environmental Resource Noticed General Project Name: 1505 Ft. Harrison/503 Marshall Permit No: 47026989.000 County: Pinellas Secffw~Rge: 09~9S~5E Expiration Date: April 22, 2009 DEe 08 2004 PLANNING DEPARTMENT CITY OF ClEARWATER Dear Mr. Sullaiman: The District acknowledges your intent to use a Noticed General permit for the project referenced above. Plans and information received will be kept on file in the Tampa Service Office in support of this determination. The proposed construction must be completed before the expiration date indicated above. The proposed construction is subject to general conditions of Rule 40D-400.215, F.A.C., (Exhibit A,' copy enclosed) and the specific conditions of Rule 40D-400.475(1 )(d), F.A.C. Deviations frQm these conditions may subject you to enforcement action and possible penalties. You are responsible for conducting construction in a manner which satisfies all criteria. ' Final approval is contingent upon no objection to the District's action being received by the District within the time frames described below. You or any person whose substantial interests are affected by the District's action regarding a permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statute (F.S.), and Chapter 28-106, Florida Administrative Code (FAC.); of the Uniform Rules of Procedure. A request for hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-106, F.A.C. Copies of Sections 28-106.201 and 28-106.301, F.A.C. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Permit No.: 47026989.000 May 13, 2004 Page 2 Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request tor hearing. ORIGINAL Enclosed is a "Noticing Packet" that provides information regarding the District Rule 400-1.1010, F.A.C., which addresses the notification of persons whose substantial interests may be affected by the District's action in this matter. The packet contains guidelines on how to provide notice of the District's action, and a notice that you may use. If you have questions regarding this permit, please contact Arenee F. "Teena" Smith, at the Tampa Service Office, extension 2028. Sincerely, (2&@JtcW Alba E. Mas, P.E., Director Tampa Regulation Department AEM:AFS:cdw Enclosures: Rules 40D-400.475(1)(d), FAC. Exhibit A Notice of Authorization to Commence Construction Approved Construction Drawings Sections 28-106.201 and 28-106.301, FAC. Noticing Packet (42.00-039) cc: File of Record 47026989.000 Ahmad Nawab, P.E., GeoEngineering, Inc. US Army Corps of Engineers ~fEC~uV[ED DEe 08 2004 PLANNING DEPARTMENT CITY Of CLEARWATER NOTICE OF FINAL AGENCY ACTION BY THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ORIGINAL Notice is given that the District's Final Agency Action is approval of the on acres to serve known as The project is located in County, Section(s) Township South, Range East. The permit applicant 'I ~'~ is , whose address is ~~C~~~;f~~rD. DEe 08 2004 The permit no. is IPLANN~NG DEPARTMENT The file(s) pertaining to the project referred to above is available for insp~&tib~M()R@ay\ff.{tol!lgh Friday except for legal holidays, 8:00 a.m. to 5:00 p.m., at the Southwest Florida Water Manage- ment District (District) NOTICE OF RIGHTS Any person whose substantial interests are affected by the District's action regarding this permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), and Chapter 28-106, Florida Administrative Code (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or final action; (2) state all material facts disputed by each person re,questing the hearing or state that there are no disputed facts; and (3) otherwise comply with Chapter 28-106, F.A. C. A request for hearing must be filed with and received by the Agency Clerk of the District at the District's Brooksville address, 2379 Broad Street, Brooksville, FL 34604-6899 within 21 days of publication of this notice (or within 14 days for an Environmental Resource Permit with Proprietary Authorization for the use of Sovereign Sub- merged Lands). Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of final agency action. Persons whose substantial interests will be affected by any such final decision of the District on the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's final action in this matter is not available prior to the filing of a request for hearing. d? n()_n~a Ie..", "01111 \ CHAPTER 50, FLORIDA STATUTES LEGAL AND OFFICIAL ADVERTISEMENTS ORIGI~JAL ~tC[aVtED ~ Where and in what language legal notices to be published. QQ&l1 Publication when no newspaper in county. 50.031 Newspapers in which legal notices and process may be published. ~ Proof of publication; uniform affidavits required. 50.051 Proof of publication; form of uniform affidavit. 50.061 Amounts chargeable. QQ.QZ1 Publication costs; court docket fund. PlANNiNG DE~tmrMEN1 50.011 Where and In what language legal notices to'be published.- ernv O~ C~ If: <: D' U (l, Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has b~'n ofis'di'rectedTdj.!permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to be and to have been, and the rule of interpretation is and has been, a publication in a newspaper printed and published periodically once a week or oftener, containing at least 25 percent of its words in the English language, entered or qualified to be admitted and entered as 'second-class matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. History.-s. 2, ch. 3022,1877; RS 1296; GS 1727; s. 1, ch. 5610,1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666, 490t;..s. 1, ch. 63-387; s. 6, ch. 67-254. 'Note.-Redesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123-10124, March 12, 1996. Note.-Former s. 49.01. 50.021 Publication when no newspaper in county.- When any law, or order or decree of court, shall direct advertisements to be made in any county and there be no newspaper published in the said county, the advertisement may be made by posting three copies thereof in three different places in said county, one of which shall be at the front door of the courthouse, and by publication in the nearest county in which a newspaper is published. History.-RS 1297; GS 1728; RGS 2943; CGL 4667; s. 6, ch. 67-254. Note.-Former s. 49.02. 50.031 Newspapers in which legal notices and process may be published.- No notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county or municipal, or sheriffs, guardian's or administrator's or any sale made pursuant to any judicial order, decree or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 1 year and shall have been entered as 'second-class mail matter at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been so published; pinvided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with the provisions of this section. Proof of such publication shall be made by uniform affidavit. History.-ss. 1-3, ch. 14830, 1931; CGL 1936 Supp. 4274(1); s. 7, ch. 22858,1945; s. 6, ch. 67-254; s. 1, ch. 74-221. 'Note.-Redesignated as "Periodicals" by the United States Postal Service, see 61 FR. 10123-10124, March 12, 1996. Note.-Former s. 49.03. 50.041 Proof of publication; uniform affidavits required.- (1) All affidavits of publishers of newspapers (or their official representatives) made far the purpose of establishing proof of publication of public notices or legal advertisements shall be uniform throughout the state. (2) Each such affidavit shall be printed upon white bond paper containing at least 25 percent rag material and shall be 8% inches in width and of convenient length, not less than 5% inches. A white margin of not less than 2% inches shall be left at the right side of each affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice ar legal advertisement for which proof is executed. (3) In all counties having a population in excess of 450,000 according to the latest official decennial census, in addition to the charges which are now or may hereafter be established by law for the publication of every official notice or legal advertisement, there may be a charge not to exceed $2 for the preparation and execution of each such proof of publication or publisher's affidavit. History.-s. 1, ch 19290,1939; CGL 1940 Supp. 4668(1); s. 1, ch. 63-49; s. 26, ch. 67-254; s. 1, ch. 76-58. Note.-Former s. 49.04. 50.051 Proof of publication; form of uniform affidavit.- The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows: DEe 0 8 2004 4200-039 (Rev 09/01) STATE OF FLORIDA PLANNING DEPARTMENT COUNTY OF -_: (":1 Before the undersigned authority personally appeared , who on oath says that he or she-isTY Of CU)f~tOOI\!ATr-D ,a newspaper published at in __ County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was published in said newspaper in the issues of Affiant further says that the said is a newspaper published at , in said County, Florida, and that the said newspaper has heretofore been continuously published in said County, Florida, each and has been entered as 1second-class mail matter at the post office in , in said County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of . 19_, by . who is personally known to me or who has produced (type of identification) as identification. _(Signature of Notary Public)_ _(Print, Type, or Stamp Commissioned Name of Notary PublicL_ _(Notary Public)__ Hlstory.-s. 2, ch. 19290, 1939; CGL 1940 Supp. 4668(2); s. 6, eh. 67-254; s. 1, ch. 93-62; s. 291, ch. 95-147. lNote.-Redesignated as "Periodicals" by the United States Postal Service, see 61 F.R. 10123-10124, March 12, 1996. Note.-Former s. 49.05. 50.061 Amounts chargeable.- (1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefor the rates specified in this section without rebate, commission or refund. (2) The charge for publishing each such official public notice or legal advertisement shall be 70 cents per square inch for the first insertion and 40 cents per square inch for each subsequent insertion, except that: (a) In all counties having a population of more than 304,000 according to the latest official decennial census, the charge for publishing each such official public notice or legal advertisement shall be 80 cents per square inch for the first insertion and 60 cents per square inch for each subsequent insertion. (b) In all counties having a population of more than 450,000 according to the latest official decennial census, the charge for publishing each such official public notice or legal advertisement shall be 95 cents per square inch for the first insertion and 75 cents per square inch for each subsequent insertion. (3) Where the regular established minimum commercial l inch of the newspaper publishing such official public notices or legal advertisements is in excess of the rate herein stipul~ _ _ _. _ _ _ _ num commercial rate per square inch may be charged for all such legal advertisements or official public notices for each insertion, except that a governmental agency publishing an official public notice or legal advertisement may procure publication by soliciting and accepting written bids from newspapers published in the county, in which case the specified charges in this section do not apply. (4) All official public notices and legal advertisements shall be charged and paid for on the basis of 6-point type on 6-point body, unless otherwise specified by statute. (5) Any person violating a provision of this section, either by allowing or accepting any rebate, commission, or-refund, commits a misdemeanor of the second degree. punishable as provided in s. 775.082 or s. 775.083. (6) Failure to charge the rates prescribed by this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject same to legal attack upon such grounds. History.-s. 3, ch. 3022,1877; RS 1298; GS 1729; RGS 2944; s. 1, ch. 12215, 1927; CGL 4668; ss. 1,2, 2A, 2B, ch. 20264,1941; s. 1,ch.23663, 1947;s. 1,ch.57-160;s. 1,ch. 63-50; s. 1,ch.65-569;s.6, ch. 67-254; s. 15,ch. 71-136;s. 35,ch. 73-332;s. 1,ch. 90-279. Note.-Former s. 49.06. 50.071 Publication costs; court docket fund.- (1) There is established in Broward, Dade, and Duval Counties a court docket fund for the purpose of paying the cost of the publication of the fact of the filing of any civil case in the circuit court in those counties by their counties by their style and of the calendar relating to such cases. A newspaper qualified under the terms of s. 50.011 shall be designated as the record newspaper for such publication by an order of a majority of the judges in the judicial circuit in which the subject county is located and such order shall be filed and recorded with the clerk of the circuit court for the subject county. The court docket fund shall be funded by a service charge of $1 added to the filing fee for all civil actions, suits, or proceedings filed in the circuit court of the subject county. The clerk of the circuit court shall maintain such funds separate and apart, and the aforesaid fee shall not be diverted to any other fund or for any purpose other than that established herein. The clerk of the circuit court shall dispense the fund to the designated record newspaper in the county on a quarterly basis. The designated record newspaper may be changed at the end of any fiscal year of the county by a majority vote of the judges of the judicial circuit of the county so ordering 30 days prior to the end of the fiscal year, notice of which order shall be given to the previously designated record newspaper. (2) The board of county commissioners or comparable or substituted authority of any county in which a court docket fund is not specifically established In subsection (1) may, by local ordinance, create such a court docket fund on the same terms and conditions as established in subsection (1). (3) The publishers of any designated record newspapers receiving the court docket fund established in subsection (1) shall, without charge, accept legal advertisement for the purpose of service of process by publication under s. 49.011(4), (10), and (11) when such publication is required of persons authorized to proceed as insolvent and poverty-stricken persons under s. 57.081. History.-s. 1, ch. 75-206. NAME OF NEWSPAPER Published (Weekly or Daily) (Town or City) (County) FLORIDA ~[EC[2~V~[) DEe 08 2004 ORI~ :NAl . OR\G\NAL, EXHIBIT IlAft ~[;Ci2~VLED DEe 0 8 2004 GENERAL CONDITIONS: '~~NgfJf', D~Jq-'!I'1')'!I","!l1f:f\P"i1' .:::.-:j":J" -...'.h 1l!.J"':4o:;.i1'tID The terms, conditions, requirements, limitations, and restrictions ~n~hhln:thisPslC(iO;l.:are binding upon the Permittee for all noticed general permits in this chapter. These conditions are enforceable under part IV of Chapter 373, F.S. 1. 2. The general permit is valid only for the specific activity Indicated. Any deviation from the specified activity and the conditions for undertaking that activity shall constitute a violation of the permit. A violation of the permit is a violation of part IV of Chapter 373, F.S., and may result in suspension or revocation of the Permittee's right to conduct such activity under the general permit. The District may also begin legal proceedings seeking penalties or other remedies as provided by law for any violation of these conditions. 3. This general permit does not ,eliminate the necessity to obtain any required federal, state, local and special District authorizations prior to the start of any construction, alteration, operation, maintenance, removal or abandonment authorized by this permit. 4. This general permit does not convey to th~ Permittee or create in the Permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the Permittee, or convey any rights or privileges other than those specified in the general permit and this chapter. 5. This general permit does not relieve the Permittee from liability and penalties when the permitted activity causes harm or injury to human health or welfare; animal, plant or aquatic life; or property. It does not allow the Permittee to cause pollution in contravention of Florida Statutes and District rules. 6. The Permittee is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the Permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 7. The Board may modify or revoke the authorization to conduct activi~ies pursuant to this noticed ,general permit at any time if it determines that a stormwater management system, dam, impoundment, reservoir, appurtenant work, or works has become a danger to the public health or safety of its operation has become Inconsistent with the objectives of he District or is in violation of any rule or order of the District, or the provisions of this noticed general permit. 8. This permit shall not be transferred to a third party except pursuant to section 40D-4.351, F.A.C. The Permittee transferring the general permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to sale, conveyance, or other transfer of ownership or control of the permitted system or the real property at which the permitted system is located. ERP - General Conditions Noticed Generals . Page 1 of 2 41.00-076{Rev.3/02 Reprint 3/02} OR\G\~~AL 9. Upon reasonable notice to the Permittee, District staff with proper identification shall have permission to enter, inspect, sample and test the permitted system to insure conformity with the plans and specifications approved by the permit. ' 10. The Permittee shall maintain any permitted system in accordance with the plans submitted and authorized by this permit. 11. A Permittee's right to conduct a specific activity under this noticed general permit is authorized for a duration of five years. 12. Construction, alteration, operation, maintenance, removal and abandonment approved by this general permit shall be conducted in a manner which does not cause violations of state water quality standards, Including any antidegradation provisions of sections 62-4.242(1){a) and (b), 62-4.242(2) and (3), and 62-302.300, F.A.C., and any special standards for Outstanding Florida Waters and Outstanding National Resource Waters. The Permittee shall implement best management practices for erosion, turbidity, and other pollution control to prevent violation of state water quality standards. Temporary erosion control measures such as sodding, mulching, and seeding shall be implemented and shall be maintained on all erodible ground areas prior to and during construction. Permanent erosion control measures such as sodding and planting of wetland species shall be completed within seven days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into wetlands or surface waters exists due to the permitted activity. Turbidity barriers shall remain in place and shall be maintained in a functional condition at all locations until construction is completed, soils are stabilized and. vegetation has been established. Thereafter the Permittee shall be responsible for the removal of the barriers. The Permittee shall correct any erosion or Shoaling that causes adverse impacts to the water resources. 13. The Permittee shall hold and save the District harmless 'from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the general permit. 14. The Permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. [f5) IE fr rE rvr; n Ir%Jb~[bU ~ lk~ DEe 0 8 2004 PlANNING DEPARTMENT cnv Of CLEARWATER ERP - General Conditions Noticed Generals Page 2 of 2 41.00-076{Rev.3/02 Reprint 3/02} ORIGli~AL ~EC~~'V[ED 400-400.475 General Pannit for Minor Activities: , H!!"~<~m"lt:? DEf'r\'Rm'!B\W (1) A general permit is hereby granted for the construction, alteration, maintenance, ('" '":^ .i'Il"\,''':iT.e operation, abandonment and removal of the following minor systems: "~~ ~ '. ....,,', >""..:.if..,:'S-ir:::. (a) piling supported structures of less than 1,000 square feet over wetlands or other surface waters which are 'not designated Outstanding Florida Waters; (b) piling supported structures of leSs than 500 square feet over wetlands or other surface waters In an Outstanding Florida Water;, .' _ (c) .I dredging or filling of less than 100 square feet of wetlands or other surface DEe 08 200\ waters; or (d) less than 4,000 square feet of impervious surface in uplands, that 15 subject to vehicular traffic such as roads, parking lots and driveways and less than 9,000 square feet total of Impervious surface in uplands; (e) maintenance dredging of 50 cubic yards or less of material from surface waters other than wetlands; provided the dredged material is placed In uplands and turbidity control measures are employed to prevent return water from causing a violation of water quality standards; or (f) a single family residence that is not part of a larger plan of common development proposed by the applicant, including the associated residential Improvements such as a driveway, garage and an on-site sewage disposal system, provided: 1. + this paragraph shall not apply to property which was part of a tract of land that was divided into two or more parcels after July 1, 1994; 2. this paragraph shall not apply to construction or alteration in surface waters other than isolated wetlands or any wetlands in an Area of Critical State Concern; 3. dredging and filling of isolated wetlands shall be limited to only those areas required for siting the portions of the residence and associated residential improvements which cannot be sited in uplands because there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which the residence and associated residential improvements can be located. On-site sewage disposal systems shall be constructed in uplands unless there is an insufficient unrestricted area of uplands within the contiguous ownership of the applicant on which such disposal system can be located. For the purposes of this paragraph, "unrestricted area of uplands" means an area of uplands which is not restricted by easement, deed restriction, local government regulation, or similar restriction which would prevent the activities authorized under this paragraph and which is configured such that all or part of the residence and associated residential improvements can be constructed in the uplands. An area of uplands will only be considered restricted if all available variance or waiver procedures have been exhausted; and 4. the total area of dredging or filling in isolated wetlands for the residence and associated residential Improvements shall not exceed 4000 square feet; and the total area of clearing in wetlands (including the dredging and filling for the residence and associated residential improvements) shall not exceed 6000 square feet on the contiguous property owned by the applicant. (2) In order to qualify for this general permit, an applicant must provide reasonable assurance that the proposed system: (a) does not significantly impede navigation and does not entail the construction of a structure for the launching or mooring of a boat when navigational access to the structure does not currently exist; (b) does not cause a violation of state water quality standards; (c) does not impede the conveyance of a stream, river or other watercourse in a manner that would increase off-site flooding; (d) does not adversely Impact aquatic or wetland dependent listed species; (e) does not cause the drainage of wetlands; (1) is not located in, on or over a coral community, macro-marine algae or submerged grassbed community. For the purposes of this general permit, macro-marine algae community shall not include algae unattached to the bottom, nor shalllt include algae growing landward of the mean high water line or growing as an epiphyte on woody plants. (3) This general permit shall be subject to those additional reasonable conditions which the Page 1 of2 ORIGiNAL District finds necessary to Insure compliance with the criteria provided in subsections (1) and (2), above. (4) Persons wishing to qualify for this general permit must file an Application describing the proposed activities and providing plans and other information necessary to evaluate the potential for adverse impacts from the proposed activities. Any person proposing a system described in paragraph (1)(t) above, shall submit tax parcel Information or other documentation, sufficient to establish that the property is not part of a tract of land that was divided into two or more parcels after July 1, 1994. The District will provide written notification to the applicant whether the proposed activity qualifies for this general permit within 30 days of submjttal of the Application. The proposed activity shall not commence until the District has prgvided written notice ~h~tJ~~"p1i9ant qualifies fO} the general permit. (5) A detsrminatlon that an actlvit)1'ql1alifies for a General Permit for a minor activity applies only to the actual circumstances inVOlving the sIte specific activity, location, method of construction or operation of the specific activity and the other design and operation features of the specific activity. (6) This general permit shall not be applicable to any parcel of property which has been the subject of the successive Applications under this section within a three year period where the combination of activities to be conducted pursuant thereto exceeds the thresholds in subsection 40D- 400.475(1). (7) The provisions of paragraph (1)(t) do not supersede the exemption set forth in section 403.813(2)(q), F.S. Specific Authority 373.044, 373.1.13, 373.118, F.S., Law Implemented 373.413, 373.414, 373.416, 373.419, F.S. History--New: 10-3-95. 400-400.475 General Permit for Minor Actlvilles Page 2 of 2 [R(EC~~VED DEe 08 2004 PlANN~NG DEPARTMENT CITY OF CLEARWATER ".... f. -l ~ , ORIGINAL ENVIRONMENTAL RESOURCE PERMIT ApPLICATION SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2379 BROAD STREET. BROOKSVILLE, FL 34604-6899 (352) 796-n11 OR FLORIDA WATS 1 (800) 423-1476 FOR AGENCY USE ONLY ACOE Application # Date Received Proposed Project Latitude _ o_N_O Proposed Project Longitude 0 N 0 DEP IWMD Application # Date Received Fee Received S Fee Receipt # SECTION A PART 1: Are any ofJhe activities described In this application proposed to occur In, on, or over wetlands or other surface waters? Dyes l1i'no Is this application being flied by or on behalf of an entity eligible for a fee reduction? Dyes D no PART 2: ~ Type of Environmental Resource Permit Requested (check at least one) IJr Noticed General - include information requested in Section B. D Standard General (single family dwelling)-include information requested in Sections C and D. D Standard General (all other projects) - include information requested in Sections C and E. D Standard General (minor systems) - include information requested in Sections C and H. D Standard General (borrow pits) - include information requested in Sections C and I. D Individual (single family dwelling) - incJude information requested in Sections C and D. D Individual (all other projects) - include information requested in Sections C and E. D Individual (borrow pits) - include information requested in Sections C and I. D Conceptual- include information requested in Sections C and E. PLANNING D~PARrM!ENT o Mitigation Bank (construction) - include information requested in Section C and F. ~nv ("II:; ('I rr:.fl./n ~ ". (If the proposed mitigation bank involves the construction of a surface water management system requirlng'another'permitl'{\MAT t:R listeel above, check the appropriate box and submit the information requested by the applicable section.) D Mitigation Bank (conceptual) - include information requested in Section C and F. i[5) IE r ~ ~'\ IrE'D ~1S'0lbU\W tblY DEe 08 2004 B. Type of activity for which you are applying (check at least one) D ConstructIon or operation of a new system, includmg dredging or filling in, on or over wetlands and other surface waters. (If reapplying for an expired, denied or withdrawn permit! application, please provide previous permit # .) D Alteration or operation of an existing system which was not previously permitted by SWFWMD or DEP. D Modification of a system previously permitted by SWFWMD or DEP. Provide previous permit # and check applicable modification type. D Alteration of a system D Extension of permit duration D Abandonment of a system o COflstruction of additional phases of a system 0 Removal of a system C. Are you requesting authorization to use State Owned Submerged Lands. Dyes 0 no If yes, include the information requested in Section G. D. For activities in, on or over wetlands or other surface waters, check type of federal dredge and fill permit requested: D Individual 0 Programmatic General 0 General 0 Nationwide 0 Not Applicable E. Are you claiming to qualify for an exemption? Dyes D no If yes, provide rule number if known C-9 .{, - I J/' ) r1 D Mf\~c,~r;o 5 ~ rVJ /-lftbr"i\11:-t I sl()~ ..A4I,d"q ";J 4' ~ f5^ 1~ ;1 ,'::'''' ,', /' [:l/ . FORM 547.27/ERP(B-94)APage 1 of 5 .. ORIGINAL W::'-, ., PART 3: A. OWNER(S) OF LAND B. APPLICANT (IF OTHER THAN OWNER) NAME Hashim Sullaiman (1504 Garden, Inc.) NAME COMPANY AND TITLE 1504 Garden, Inc. - President COMPANY AND TITLE ADDRESS 1504 Garden Ave. Clearwater, FL 33755 CITY, STATE, ZIP Clearwater, FL 33755 ADDRESS CITY, STATE, ZIP TELEPHONE .FAX () (72)7 542-2629 TELEPHONE FAX () ( ) ;.. C. AGENT AUTHORIZED TO SECURE PERMIT (IF AN AGENT D. CONSULTANT (IF DIFFERENT FROM AGENT) IS USED) NAME NAME Adel M. Blassy COMPANY AND TI rLE COMPANY AND TITLE GeoEngineering, Inc. - Principe 1 ADDRESS 10940 N. 56th. Street Suite 201' CITY, STATE, ZIP Tampa, FL 33617 ADDRESS CITY, STATE, ZIP 813- 988-8600 TELEPHONE (J FAX (8t3- 988-8556 TELEPHONE FAX () ( ) PART 4: PROJECT INFORMATION A.Nameofproject,includingphaseifapplicable: 1505 Ft. Harrison/503 Marshall, Clearwater, FI B. Is this applical ion for part of a multi-phase project? 0 yes XI no C. Total applican t-owned area contiguous to the project: O. 146 acres D. Total project lrea for which a permit is sought: 0 . 091 acres E. Total impervic us area for which a permit is sought~ . 059 acres F. Total area (mE-tnc equivalent for federally funded projects) of work in, on, or over wetlands or NA other surface .Naters:_acres or _square feet (_hectares or _square meters) G. Total number of new boat slips proposed: 0 FORM 547.27/ERP(8-94)A Page 2 of 5 ~[EC[~VfED -~ DEe 0 8 2004 c- 10 PlANNiNG DEPARTMENT CllY OF ClUJ?WATER .. C,\1G\NAL ~I!'" PART 8: A. By signing this application form, I am appl~1ng, or I am applying on behalf of the owner or applicant, for the permit and/or proprietary authorizations identified above, according to the supporting data and other incidental information filed with this application. I am familiar with the information contained in this application, and represent that such Information Is true complete and accurate. I understand that knowingly making any false statement or representation In the application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001. I understand this Is an application and not a permit and work prior to approval is a violation. I understand that this application and any permit or proprietary authorization issued pursuant thereto, does not relieve me of any obligation for obtaining any other required federal, state, water management district or local permit prior to commencement of construction. I agree, .Jr I agree on behalf of the owner or applicant, to operate and maintain the permitted system unless the permitting agency authorizes transfer of the permit to a responsible operation entity . ADEL M. BLASSY (GeOEngineering),PRINCIPAL TYPed/Pri~~)P1e ~wner, A plicant or Agent _ Corporate Title, if applicable C::::;;;:/?/4 ~. .-- 04/15/2004 -SigR3t1:lfC of r ~ Date B. AN AGENT MAY SIGN ABOVE ONLY IF THE FOLLOWING IS COMPLETED: I hereby designab~ and authorize the agent listed above to act on my behalf, or on behalf of my corporation, as the agent in the processing of this application for the permit and/or proprietary authorization indicated aoove; and to furnish, on reque.,t, supplemental information in support of the application. In addition, I authorize the above-listed agent to bind me, or my corporation, to perform any requirement which may be necessary to procure the permit or authorization indIcated above. Hashim Sullaiman (1504 Garden, Inc.) President Corporate Title, if applicable 04/15/2004 Date Typed C. PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: . I either own the property described in this application or I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any site visit on the property by agents or personnel from the Department of Environmental Protection, the Southwest Rorida Water Management District and the U.S. Army Corps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may be necessary to make such review and inspection. Further, I agree to provide entry to the project site for such agents or personnel to monitor authorized work if a permit is granted. Hashim Su aiman (1504 Garden, Inc.), President Typed/P 'nted Name Corporate Title, if applicable .j./ 04/15/2004 ign!ltdre Date D. I certify that the engineering features of this surface water management system have been designed by me or under my responsible charge and in my professional opinion conform with sound engineering principles and all applic rule~ and specifications. I further agree that I or my engineering firm will furnish the applicant! pe ltt~ 'Nith a set of guidelines nd schedules for maintenance and operation of the surface water an ent ~I . By: Ahmad Nawab PE# 21358 Name (please type) FL P.E. No. GeoEngineering, Inc. Company Name Date: 04.LL5/L004 10940 N. 56th. St.. Ste. 201 Company Address Tampa, FL 33617 City, State, Zip Phone: 13Jl.L 988-8600 ~[EC[E~VE[D Page 5 of 5 FORM 547.27/ERP(8/')4)A DEe 0 8 2004 PlANNING DEPARTMENt CITY OF CLEARWATER C- 13 . v t!,. ~\ ."fJ OR\G\NAL ENVIRONMENTAL RESOURCE PERMIT ApPLlCA nON SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT' 2379 BROAD STREET. BROOKSVILLE, FL 34604-6899 (352) 796-7211 OR FLORIDA WATS 1 (800) 423.1476 ~ fE C fE ~Vlli: fDJ SECTION 8 PlANM~G D:8~:A"trHIJEg\J1T CIN O~ Cf T 2;'i!;:!\,~\~1"!J ll....:C.. u'\i. .J\J1. fW-.!:i'l INFORMATION FOR NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS To qualify for a Noticed General Permit (NGP) for specific activities, the project must strictly comply with all of the terms, conditions, requirements, limitations and restrictions applicable to the NGP applied for. You should carefully review the rule sections of the NGP for which you are applying to ensure that your project meets the requirements of that NGP and provide the information requested below. A. Provide the rule section number of the NGP for which you are applying: 4 aD - 4 a a . 475 (1) ~ d ) B. Indicate the project boundaries on a USGS quadrangle map, reduced or enlarged as necessary to legibly show the entire project. If not shown on the quadrangle map, provide a location map, that shows a north arrow, a graphic scale, Section(s), Township(s), and Range(s), and detail sufficient to allow a person unfamiliar with the project site to find it. C. A legible site plan showing the following features, as applicable: 1) property boundaries and dimensions 2) name and location of any adjoining public streets or roads 3) location, dimensions (and use if not apparent) of all existing structures 4) locations and dimensions of all proposed works 5) label all impervious and pervious areas and indicate their surface area 6) indicate the direction of drainage relative to the proposed improvements 7) permanent and temporary erosion, sedimentation and turbidity controls 8) boundaries of wetlands and other surface waters identifying open water areas 9) boundaries, area and volumes of all temporary and permanent earthwork including pre and post-construction grades D. W.~tland or aquatic habitat descriptions. E. Construction methods and schedule. F. Aclditional inform3tion that would show that you qualify for the NGP, addressing all the parameters, thresholds and conditions listed. Errors and omissions will be identified within 30 days by the processing agency. G. Any calculations and drawings that require certification pursuant to Chapter 471, Florida Statutes, must be signed and sealed by an appropriate professional. FOF M 547.27/ERP(8/94)B Page 1 of 1 c- 15 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICTOR\G\NAL NOTICE OF AUTHORIZA TION TO COMMENCE CONSTRUCTION 1505 Ft. Harrison/503 Marshall PROJECT NAME Commercial , PROJECT TYPE Pine lias COUNTY 09/29S/15E SEC(s)rrWP(s)/RGE(s) 1504 Garden, Inc. PERMITTEE APPLICATION NO.: 47026989.000 \ REC~~VED DATE ISSUED: May 13, 2004 DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER Issuing Authority THIS NOTICE SHOULD BE CONSPICUOUSLY DISPLAYED AT THE SITE OF THE WORK 4100-075 (10/92) GeoEngineering, Inc. __JUatIr::_~l!L1U. ~.11..~~'" - __ ~_M Environmental Engineering Consultants OR/G1~JAL February 25, 2004 Mr. Hashim Sullaiman 1504 Garden Avenue, Inc. 1504 N. Garden Ave. Clearwater, FL 33755 ~~C~~VED RE: Soil Boring & Double Ring Infiltrometer Testing 1504 GARDEN AVENUE, INC. SE CORNER OF F. HARRISON AND MARSHALL CLEARWATER, FLORIDA DEe 0 8 2004 PU\!\%\!~NG D:E~~~1P.RENr C~W Of- C!J.Ef<t2'A?fi~I2R Dear Sullaiman: GeoEngineering, Inc. is pleased to submit this report for your review regarding the above referenced project. With reference to your authorization, one (1) soil boring to a maximum depth of 10 feet and one (1) Double Ring Infiltrometer (DRI) test were performed on February 25, 2004 at the above site. Test procedures used were in general accordance with the applicable ASTM Standard Procedures for geotechnical practice. The soil profile was obtained by hand auger boring. The test location was determined by proposed location of the retention pond (Plate #1 of this report). The soil parameters obtained during our field activities may be used in the design of the retention ponds. , The following tests were conducted to arrive at the recommended design parameters. In-situ permeability was measured in the field by a Double Ring Infiltrometer (DRI) test based on ASTM 0-3385 procedure. The results are applicable for the unsaturated condition analysis according to Standard Drainage Manual. The storage coefficient was based on an assumed porosity of 0.3 and a calculated unit weight of 98.0 pet. The location of the soil boring and the DRI test are shown on Plate #1. The boring log is shown in Plate #2 and the DRI test results are shown in Plate #3. A summary of the DRI tests results is as follows: DESIGN PARAMETERS RESULTS Vertical Hydraulic Conductivity (Kv) Unsaturated Vertical Hydraulic Conductivity (Kuv) Horizontal Permeability (Kh) Recommended Factor of Safety Effective Storage Coefficient Design Groundwater Elevation 110 73 166 1.50 0.30 19.75' (10 ft. below surface) ft/day ft/day ft/day JlIIIdI<~\ ~ "'I'ht"..",,,,,,,,,. ~ ~lll~b!'lt!i!tl(!',Q..'lb .tUl>1.li"liIalJ/lJ"'.'l:l" 1\..M!h.....P!><1l"N?f:m.,~'..\t,1b.Wl&ml<.~I~~!JIll_.~~'""'~II._.....~"J..'ilo.,....'Ul-'O' '''"'''''':o..___Sl/.o\ D9II1UI .. 10940 N. 56th Street, Suite 20 1, Tampa, FL. 33617-3004 CIl Phone (813) 988-8600 .. Fax (813) 988-8556 ORIGiNAL There was water entry at a depth of 10 feet below the land surface in the soil boring. The l~roundwater seasonal high at the subject site, may be assumed at a depth of 8.5 feet below ,and surface. The test data and soil boring log obtained by auger boring are shown in the 3ttached sheets. . DESIGN OF POND UNDERDRAINS A retention pond may be designed with the bottom of the pond one~foot above the Design Groundwater Elevation. If additional water quality volume is required, exfiltration type retention can be designed using the area under the parking and paved areas. In the design <)f such a system, either an exfiltration system design as installed in-situ, or a prefabricated system such as an infiltrometer engineered prefabricated system or any equivalent system approved by an engineer may be used. Underdrains under paved areas are applicable if the volume of retention exceeds the allowable areas. We appreciate the opportunity to serve as your geotechnical consultant. If you need any additional information, please feel free to contact our office. Sincerely, NhY Ash Yacoub Field Engineer D/~~-- ~~. BI:SSY, PG FL Professional Geologist # 1834 Director of Engineering Services 1/1)/(// ~fECfEuV~fD DEe 08 2004 PLANNING DEPARTMENT CITY OF CLEARWATER 2 ORIGINAL LIST OF PLATES . , Plate # 1: Location of Soil Boring ~nd DRI Plate #2: Boring Log Plate #3: DRI Test ;.. Plate # 4: Typical DRI Percolation Test IJ5)rEr~ G\\, IIrr=D ~6~lGU\W lb - DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER 3 OR\G\~~AL ..\....\ "". "'\ ,.- '- - '\1-. ........J'f- ~ ~ - "'C ft I..... ~ l ~ ,~c) :--.... Vj~ '611:: ~E: .0 -.............'-. ~n . ./ 'JY,.y ;:y. o'Sp,; Q'<l V <f(rt~)'>. .4bsh ~q '\ ~)rO"-----"----- '<-I: f .~~ ~,'L ~1=( ~ \ NQIE: SOllrr.c "SITE PLANE" R HUNT Enairwcrina, Inc. utECEJV[ED DEe 0 8 2004 PLANNING Da:PARTMENT CITY OF CU~ARWAIER Plale # 1 . !' DHI Test Location BORING LOG ~ PLATE # 2 Wenthcr: pnrtjnlly cloudy Project Site: SE Corner Ft. Harrison & Marshall, Clearwater, FL February 25, 2004 Tnsitu Tests: Nil 040209 Locafion: Wnlcr Level: Client: See Location Map 10 feet below sud~1ce 1504 Garden Avenue, T nc. Date: Job it: _~~JlJ~(f~ -~~g Dcscl'irt ion . Black lop soil , . 0- 1 ' 1) - 2' T<tn Fine to Medium S<tnd ;.. - 2'-]' Tan Fine to Medium S<tncl 3'-4' T<tn Pinc 10 1\1edium S<tnd - 4' - 5' \ Tan Fine to Medium Sand --------- - 5' - 6' Tan Fine to rvrcdiul11 Sand 6' -1' Tan Fine to Medium Sand -- ~ rr= ~ r;= i'\\ flrr= ~ ~~~bU'0'tbU l' -- go Tan Pine to Medium Sand DEe 0 8 2004 - go - 9' Tan Fine to Mediulll' Sand PLANNING DE?ARTMENT CITY OF CLEARWATER -- 9' - 10' Tan Finc to Medium Sand ------- GeoEngincering, Inc. ORIGINAL Plate # 3 DOUBLE RING INFILTROMETER (DRI) TEST Date: Febmary 25, 2004 Site: ' SE Comer of Ft, Harrison & Marshall, ClealWater, FL Operator: Ash Yacoub Client: ] 504 Garden A venue, Inc. \Veather: Cloudy Type: Double Ring lnfiltrometer . , Rain: No Depth: 18" below land surface S~_n~ T)'pe: Fine to medium Sand .Joh#: 040209 Inner Rin}! (lR) DROP- Outer Rin1! (OR) Drop in Inches Total Time in (Sec.) INC-'lIES Total Time (Sec.) '54 1 42 1 57 I 49 I 58 1 50 1 58 1 50 ] 61 ] 59 - 1 58 1 57 1 61 1 61 1 65 ] 64 ] 59 ] 61 1 58 1 58 1 65 1 64 1 65 I 64 1 65 I 63 ] 64 1 64 1 65 I 65 I 65 1 65 I 65 I 65 1 65 I 65 I Kv = Kuv Kh = 110ft/day 73 ft/day 166 ft/day \Vater Tahle @ 10 fl. below ground surface. Seasonall1igh Water Table assumed @ 8.5 ft. below ground surface: [R[EClE~VfED DEe 0 8 2004 Test Conducted by Field Engineer: Ash Yacoub Certified IIY FL Professional Geologist Adel. Blassy, PG PLANNING DEPARTMENT CITY OF ClEARWAT[R , . ORIGI~~AL [PI_A T E"# '-::_ ~r H rt.::?TlLl J..]~-,\ VALvr;0 \ll"T(~I~ _!~~~:!?~ 111).JEl~ 1~INC\ ,10 \.JATer< 0ou~cc --- '. .. ~ "'-.. . , -~it' :\ ."-.,~- .... ----- '.' '--' ....:;.-- t:~~v1:P'> , . . ~..-? 0:: t I I '-JI . f~; '. r::: x I lC?1: ''111 ,I L----"It GltrAr:::>c:;'2 _ ,- . " I' ....~--I-'-l---Il-I_ '- JI ~~ -, ~t \l " , 1__ -{ II I -- - ' ____I' y~~. ~ . ':1,., -''I-- . -.1 ~- ~<~~....... ~.-.... I, .......... .' "-:-"~_-..;;; ~(/~ .4,'0.;;.1/ _ "<':;", "I '/if/. ,r- - f~' I' " ~~ ., ,\'('1, I I .. I ~ h.l ' .~ ,-~.Sj;t'~l I' If,lI-lr:::rZ ~OUTC;dll V/.L. ~. ~ "i \"~L. . 1- a . "(\ . l~ it":t: () ~ v. I' t !D ~ :i' \"Ac::>\\~D I I " tJ I:.{ :i G;1:A",e:LL( """~_, t I . J . {:\ ~ > ""/.<tl-:~{it!,;t?'l',j . ~r.w~' - -- - '1(~qx:3Jif~W~1'~~) ~~~y- C " ~. ')(Y"'~\'~I[~?r\ci{I;;;-' . _ ""'A.~- ,\ t",^'D' .'-I.~t.::.-:.r~:";'>' / '=r '- '"='-" ....... -; .~ .. ~[EC~~ViED ':-- l~ .. -=4 ~v," =-!;:fl. ClOTtlC: !Z1l'-.1 C:t ~.- . DEe 0 8 2004 . . PLANNING DEPARTMEf, T CITY OF 'ClEARWAIE~ D () U 13 L E R I N G-.-lf\J I~LL T flO IYL~ T [; Fl - ~-- -~-----':::"--='::=-----'---- --- ------- PE:RCOLATLQ_N TI~~T_ :-:::':::::::=~:"-=---:-'.;==..==.::=:::=------------_.. '.' -~ - --------- ----.----- ----.-----..--- GeoEnginecwing, It Ie. Site: SE Corner Ft. Harrison & Marshall Clearwater;~r:lorjda I I I Date: 02/25/04 ---.-------- .. . }. ~ ~ GeoEngineering, Inc. Environmental Engineering Consultants ORIGINAL City of Clearwater Public Works Administration 100 S. Myrtle Avenue, #200 Clearwater, Florida 33756-5520 ~rECfE~V~D . DEe 0 8 2004 PLANNiNG DEPA~lMENT RE: Addendum for Retention Pond Calculation CITY OF CLEJ~,~.~N:~.~f? File #: FLD2004-02010 Project Name: GARDEN AVENUE COMPLEX 503 Marshal Street and 1505 Ft. Harrison Clearwater, Florida 33765 This letter is to be considered as an addendum to our pervious submission regarding the Stormwater/Retention Pond calculations. It IS our understanding that our client proposes two (2) additional parking spaces at the above referenced project. This will cause a slight increase in the impervious area (approximately 340 sq. ft.). As indicated by the calculation below, this increase in the impervious area has a minimal impact on the volume required for the retention pond design. Thus, the previously submitted design still more than adequate to handle the water flow. Below find the revised retention pond calculations based on the submitted plans. Site Area: 7,720 S.F. Existing Impervious Area: 5,262 S.F. Proposed Basin Area Contributing to Surface Runoff: 5,159 S. F. Retention Pond Design Top Area: 35' X 12' @ EL. 29.75' Bottom Area: 15' X 2' @ EL. 27.25' Depth: 2.5' NOTE: Water Table Seasonal High @ EL. 20.75' (DRI Field Test) Volume Provided = 2.5' X (35' X 12' + 15' X 2') /2 = 562 C.F. Cpre. = ((0.9/2) (5262) + (0.2 X 2458)) /7720 = 0.39 Cpost. = ((0.9) (5159) + 420 + (0.2 X 2561)) /7720 = 0.72 ~ C = 0.72 - 0.39 = 0.33 t _m- .......1 .1- .. -'. ... Stormwater/Retentlon Pond Addendum Garden Avenue, 503 Marshal/1505 Ft Harrison, Clearwater Page 2 of 2 OR\G\NAL Rain Intensity (50 yr.) ::: 4 in/hr (Design Criteria) Q ::: (0.33 X 4 X 5159) 143560 :::,0.15 CF/S ::: 540 CF/H Then, Volume Reauired = 540"C.F. . Volume Provide (562 C.F.) is greater than Volume Hequired (540 C.F.). Therefore, Design is Acceptable. '11 Should you have.a question, please do ~ot hesitate to contact us. Sincerely; GeoEngineenng, Inc, #4/~. Adel M. Blas~jY, PG FL License # 1834 . Principal Hydrologist/Director of Engineering " '--n !RECC:H~f.~~~ lSu tI ~tUJ DEe 0 8 ZOO~ PLANNING CITY OF DEPARTMENT CLEARWATER .\1~~:: :;~ ~ii<lf>,j< If~/V:" '" ' l': .-,J"3_rl ':1f,fr;' : ~ $~./.:r",~II'f'" tl~ ",e\t '/1" "'J.~,_ '," " (Je'l ;t "~'1:1,' ~ "\,, ,~, t.,j ..~..;\ ~... ~~: " ~t; .; .:::,. <i;.t:!,.o,,,,t'":.~~~.......(,; "~""/tf~ :;: . o._rv~ ~, ..(j/~ ,/...';,....~ J _ ~ 0 -\~" ~ . '1 ... (,jI .. ...~'~ '; ~ " :~~' ><lt~: ~~. ~~, '. .~~~,~J . _ ~v . ~';~' ~ '" _. -e,..-UJ- "'t. .____.,-.l~ ; =~.}: ~ l ~~: ~ ; "~~ _ f- . ~ I,. ;. _',.j O. lJ. ..~~.. $,.4..,,\ o~~, l- :"",\4 0 :),~t. ~ .. iif":I<l~'" l' f'" r?-. .... '....." ~ ..r.~~' !.... ru......- ~ ~~~ .., * ~.. .t.J ~v.- "'-J ~ '-i1~ ':~;."~_' :....*..:..:.,,-''t\j.-~' J., " ~ 'I.. .. ",.I' . " I " 't', ~ ~ ~"j . :>;J; . v~., } _ ____ _ ~O_2 t1J1~'2_H&L__9T._ W~orz~(,H~L Ll btHf 13~1J -nNTEP ~LASS 1J7~j( '~f.fuJAJ A-tzocJNP 0(Nt>0l0S(~S /foR~"T ~~~ /U4HT I ~ffi.0N f ! /Wl-trt"E- I I If , ~l'.' - '. .....~ . -' _ J , - " ... ~ '.-.' . . ;~~~~~: .. ' , r II //; ~ I ~ fj' 1j'.6- ,'," . ., I .~, J / i~ i~ f~ .~r ,.... ,,' ~ ;: ~. ~.. _'~~~' 1'" ~ . I~' 3{~!>-' '. ." ./'. 'J:.':..... ~..;.- . NORTH WEST SIDE ELEVATION ~.,.~""'.,51"~"'~ :;~ f7vivP/~4 LOUJ~ ~~If- ro~ 1jLHL-P1N~ Lf>UJ~S J:~fQra2fJ2_ ..A12I2 LJJ QI'-1___ "" ~ ., ~ ~ S".>-- '. " " ,.' O~~_LL 7 LTf- __~_KS-ru--t ~t.-Au..! i",.. W F-r. \: t-lv,j-f 1Z-{b(Otj I ~ . I I I ! I 1 1#4 (E"'llIIg) life III drnn "Waler Lllle lie to C\.IStll1g 6 ~ lC\\' curbs .' 11ccrnlllg I Nolc co " blol11cclC.ll New' flllllcngIF~lDc(~; gllldchncs ' . and rk to and slale do Illg Ih IS \\ 0 cd COIl!raclOr , d be approy . lans ,Ill I SUhl~llt P ~ exallllllel ::\lll 1\ cllv plalls "',bncallOll ). . rIor to ~ cnglllccr p 75' > er Illlc I r slonll sew TIC lo.exlsllllg . . J . 1'l..0s<''\p''''1"3' ( \'''<\Ll'-''<-\ c.lu.to 5" F='Olln ,\+'0/1 \.\.)ldR \~~<'1.p!>QJ "'i.k~R..) lI:1ARSH{1LL STREET ~bf;, 0' pp .' CONc WALK CD J96' fXIST'fo~y TWO tlllLDING Mfa RfMAIN 150J I 710 5 F fLOCR 90~v~N'1r07' 585' .pO '"'1:1 ~ ~ ~ C) '=i ~ Ii) ~ '" ~ ~ <:, ~ .Ii) Sl ~, "l pi ~ ~ x ,\ .p be I educed to (' ~Idcwalk 10 , ) 1 > 5' L1Uld;capc 4' to mal\.C I IUlions und ~_~~,.."~, . 'lge ca ell b _. "A~~'_""""~"__ . d ra 111 ( d 1 C Y . ....,,,"'"-t 1f1""',,,~ Rckr. d design "?l_."._.>..~.",~~:.."...('t~.;t.:.?'."""T<_.,. tI 0 n po n.. ~ "'Co'<.'"",<, _ _,' ." )'~t.qL:.,.,c". ~~'. ':' '. 0 NEW ENCLOSED STAIRWELL AND FIRST FLOOR ENTRANCEWA Y 7'-3" k 30eo': BLOClVrr}NCRETE/STEEL CONSTiWCTlON qelleA'd al . . sas ^do:) l "- 6 I' ,;S E ;:;' EX ~, R - ....... ~ .-.-... '--'\- :,-.. '-'~~,: : ;; .. SU R VE Y ~OO;:C:':.71~SHALL'S SUBDMSlON, ACCORDING TO THE E3 0 L), N D A t:=) -.../ MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7. PA~ ~ T 77, OF THE PUSUC RECORDS OF HILLSBOROUGH COUNTY. FLORIDA. OF WHICH PtNEllAS COUNTY WAS FORMERLY A PART. AND ~ o z ,=,"ITH ~ OR\G\~~AL r- ~ ~(~ ~'I ~. ,91 ~ ~ if ~ "fJ-t~ ~r~ k..1 9:. ~I ~<) f --, THE NORTH 50.75 FEET OF THE Kf'ST 5 FEET OF A CERTAIN VACA1ED 70 FOOT ALLEY RUNNING ALONG THE EAST UNE OF LOT '0 OF E.A. MARSHAll'S SUBDIVISION. ACCOROING TO MAP OR PLAT THEREOF AS RECORDF:D IN PLAT BOOK 7, PAGE 77, OF THE PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. OF WHICH PINELLAS COUNTY WAS FORMERL Y A PART. - ~ MARSHA __ ;~_ ~. LL Sl7?cc . 2Qo3'-- L .r ~ . ASPHALr _ ..e."O ~ --K ~9 -:-- -- o C'I :" .... " -;9' -- -- 0' --.;0' - !:j () (I) .or it o3s. TWO STORY MAS. BUILDING # 503 BOTTOM FINISH FLOOR ELEV. 31.07' 5B.. 5' / TBM #1 TOP. ELEV.= RECEiVED DEe 0 8 2004 PLANNING DEPARTMENT CITY OF CLEARWATER ~ ~o. " ~ "" ~~OI13h E IS7.021,(F) ~~ FIR 5/8.1 I I REVISED SURVEY ON 9/06/02: ADDED TOPOGRAPHIC ELEVA 710NS AND TREE LOCA 71ON. LOT 9 NOT INCLUDED CERTTRED TO: 7504 GARDEN INC. ALDA Y-DONALSON 71TLE AGENCIES OF AMERICA, INC. STEWART 71TLE GUARANTY COMPANY ~aest coPY A "ai\ab\e '. BEARINGS ARE BASED ON THE SOUTH LOT UNE OF LOT 70 AS, -S 79"20'13- C. ASSUMED. '. LEGEN D O.R.B. = OFFICIAl.. RECORDS BOOK O/H = OVERHEAD WIRE PG. PAGE P.C.P. = PERMANENT CONTROL POINT P.R.M. = PERMANENT REFRENCE MONUMENT P.B. = PLAT BOOK (P) = PLAT DATA P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.C. ... POINT OF CURVATURE P.R.C. = POINT OF REVERSE CURVE P. T. ... POINT OF TANGENCY P.P. = POWER POLE RES. = RESIDENT R/W = RIGHT OF WAY S.I.R. = SET IRON ROO LB 6962 S.D. = SET DISK LB 6962 TBM TEMPORARY BENCH MARl< TYP. TYPICAL W.C. 0= WITNESS CORNER W.F. WOOD FENCE " r- PROPERTY SHOWN HEREON APPEARS TO BE LO('~ 1EO IN FLOOD ZONE C PER F./.R.M. NO. 725096 0008 0 DA TED 8/19/91 n:t/S SURVEYOR MAKES NO GUARANTEES AS TO 11-IE ACCURACY OF 11-IE ABalVE INFORMA 710N. LopAL F.E.M.A. AGENT SHOULD BE CONTACTED FOR VERIFlCA 71O,V NO UNDERGROUND UTlUTlES, UNDERGROUND ENCROACHMENTS OR BUILDING FOUNDA TlONS IID?E MEASURED OR LOCA TED AS PART OF THIS SURVEY. TREES AND SHRUBS WERE NOT LOCA TED UNLESS OTHERKfSr SHOWN. TH!S SURVEY WAS CONDUCTED WITHOUT 11-IE BENEFIT OF AN ABSTRACT OF TlTLE, THEREFORE THERE MA Y BE OTHER EASEMENTS, RIGHTS OF WA Y, SETBACK LINES, AGREEMENTS. RESER VA TTONS. RESTRIC770NS OR, OTHER SIMILAR MA T7FRS OF PUBLIC RECORD, NOT SHOWN HEREON. UNLESS 011-lERWlSE NOTED, ID/STANCES SHOWN HEREON REFER TO PLA T AND FIELD MEASUREMENT 11-IIS CER71F1ES THA T THIS SURVEY WAS MADE UNDER MY SUPERVISION AND MEETS APPUCABLE MINIMUM '1EiC/-fNICAL STANDARDS SfT FORTH IN CHAPTER 61G17-6 FLORIDA ADMIN/STRA 71VE C1iI;JC PURSUANT TO S~-C710N 472.027 FLORIDA STA TVTES ~J;{- A.P.O. = A PORTION OF ASPH. = ASPHALT B.M. = BENCHMARK (C) = CALCULATED C.LF. = CHAIN UNK FENCE CONC. = CONCRETE COV. = COVERED (D) = DESCRIPTION D.B. = DEED BOOK EL = ELEVATION ENC. 0= ENCROACHMENT ESMT. = EASEMENT (F) = FIELD MEASUREMENT F.F. = FINISHED FLOOR F.C.M.'" FOUND CONCRETE MONUMENT F.I.P. = FOUND IRON PIPE F.I.R. ... FOUND IRON ROD F.P.K. = FOUND PARKER-KAtON NAIL MAS. ... MASONRY " NGVD = NATIONAL GEOotnC VERTICAL DATUM q/<'/Ot. DA VlD L SMITH DA TE PROFESSIONAL LAND SURVEYOR FLORIDA REG/STRA 770N NO. 5265 NOT VAUD KfTHOUT THE ORIGINAL SIGNA TVRE AND RAISED SEAL OF A FLORIDA UCF:NSED SURVEYOR & MAPPER UCENSED BUSINESS LB. 6962 1406 W. UNEBAUGH AVENUE TAMPA FLORIDA 33612 IPHONE (873)935-7960 FAX (813) 933-9446 ~ .NO.:.O~C?'t-D2.3 AELD DATE:11/fg/01 ' - o \S\0 ((- ~VE-<O DA V1D L. SMITH PROFESSIONAL SURVEYORS It MAPPERS INC. " <....,.,.:~~~~~-i.~. 11 \"~_~.."";'tr,..~.",.,.,.~...-.'"'>J<'>.~ ~WW 'r~~^~;~';:'~ ~ -::~~'._. ~ ~' ~; :;..~. 4;":d: ;.-::: ~~~"X~;'''$,.. _~"L~~"",<..Rid -, :~ ~ I ~ ~ ~ .- 2.00' --L- ~ ~ ~~..'e ~ ~j~_ _..!~-i:'_: ~. ,,~' :L.:..'t.,'r.--",,_............,........-.~.:L.<~.'''' ~.... ....., -- -~- _" A. 35.00' ~ I I ,- I I I \ I I "- ~ I I ~ 12.00' 15.00' / A' // ~ / ~, // / I ! I '- POND LA YDUT I ..... I ~ ' 2.;0' ~__ -L ~ I~ 35.00' TOP OF BANK 15.00' ., ~~~~- ~ EL. 27.25 I ~[EC[EoV~D SECTION A AI DEe 08 2004 ----- - PLANNING DEPARTMENT CllY OF CLEARWATER ORIG RETENTION POND CALCULATIONS SITE AREA: 7855 SF EXISTING IMPERVIOUS AREA: 4734 SF PROPOSED BASIN AREA: 4897 SF VOLUME PROVIDED BY RETENTION AREA: TOP AREA 35' X 12' @ EL. 29.75' BOTTOM AREA 15' X 2' @ EL. 27.25' Depth 2.5' NOTE: Water Table Seasonal High @ EL. 20.75' (DRI Field Test) VOLUME PROVIDED = 2.5' X (35' X 12' + 15' X 2') /2 = 562 CF Cpre. = (0.9/2) ((4734 + (0.2 x 3121)) /7855 =0.35 Cpost. = (0.9) ((4897 + 420 + (0.2 x 2658)) /7855 = 0.679 ' .dC = 0.679 - 0.35 = 0.329 Rain Intensity (50 yr.) = 4.0 in/hr Q = (0.329 X 4 X 4897) /43560 = 0.148 CF/S = 532.6 CF/H Then, Volume Required = 532.6 CF VOLUME PROVIDED (562 CF) IS GREATER THAN VOLUME REQUIRED (532.6 CF). THEREFORE, DESIGN IS ACCEPTABLE. POND RECOVERY Avg. infiltration rate based on the DRI test = 110 ftId Using Factor of safety of 2 Bottom of Pond Area = 15'x2' = 30 sq.ft. Volume Pond can handle in 24 hours = 110/2 (15'x2') = 1650 CF/day Volume Provided = 562 CF Recovery = (562/1650) X 24 = 8.17 hrs. THEREFORE. DESIGN IS ACCEPTABLE. ./ /' / ~.-. 1" /~/:._ ,l ). ~}..-- _ ...// -j / .c~-~ / '/~. ,_.-;;:>4 / i I -c;..- ~~ .___-. L-_ >r -.- _..... t I ____-----"'1"- J AHMED NAWAB?PE7'/<S-/ .<~L I FL. PE# 21358 (.) Z u.i ~...J -::> Z u- I- Z'~ - Z <( a:: :J~ffi~ O~ ~~ w ~d 0..... 0:: <( (!) Z 0-1 18 ~-I~r;; -.. <( en CO) (.) ..,... a:: ...J ..&...a:U- ow< - -I 0:: ::I: ffi I-<(ti o ::1: :g ~ w ('I') ~ w ., 0 ...J OLO () 0:: a.. (!)~ zw - I- 0:: 5.... ttl ~~ 1m Z~...J ii -1-U-cI>cI> t'n en - ~ ~ \.J::I:~!:; Z I-~ I!!... W 18~ 0:Z WO (!)~ ..- PROJECT N 04-0209 DR. BY MB RV BY A.B DATE " ~ 07/1512004 - - - - SHEET NUMBER S-1 OF - :, '-0 ; ~-. >: '_ z '~ ~ \O(f)~ "Tlm n:nQO ~r<:CJ : rrl ~ ." ~....J< l.nmm ~(f)5 ~ \J m s:: :n m _. z -i I I . N 00 ( ~:;i; ) I.... r I.... I ~. . 35.00' ~I I i i 12.00' ~ r- 2.00' ~ x 15.00' ~ x POND LA YOUT 35.00' TOP OF BANK .1 -'- ~ EL. 27.25 15.00' SECTION A AI RETENTION POND CALCULATIONS SITE AREA: 7855 SF EXISTING IMPERVIOUS AREA: 4734 SF PROPOSED BASIN AREA: 4897 SF VOLUME PROVIDED BY RETENTION AREA: TOP AREA 35' X 12' @ EL. 29.75' BOTTOM AREA 15' X 2' @ EL. 27.25' Depth 2.5' NOTE: Water Table Seasonal High @ EL. 20.75' (DRI Field Test) VOLUME PROVIDED = 2.5' X (35' X 12' + 15' X 2') /2 = 562 CF A' Cpre. = (0.9/2) {{4734 + (0.2 x 3121)) /7855 =Q.35 Cpost. = (O..g) {{4897 + 420 + (0.2 x 2658)) /7855 = 0.679 aC = 0.679 - 0.35 = 0.329 Rain Intensity (50 yr.) = 4.0 in/hr Q = (0.329 X 4 X 4897) /43560 = 0.148 CF/S = 532.6 CF/H Then, Volume Required = 532.6 CF VOLUME PROVIDED (562 CF) IS GREATER THAN VOLUME REQUIRED (532.6 CF). THEREFORE, DESIGN IS ACCEPTABLE. POND RECOVERY Avg. infiltration rate based on the DRI test = 110 ftId Using Factor of safety of 2 Bottom of Pond Area = 15'x2' = 30 sq.ft. Volume Pond can handle in 24 hours = 110/2 (15'x2') = 1650 CF/day Volume Provided = 562 CF ~~CQY~'!y.-~ (562/1650) X 24 = 8.17 hrs. - ~-=-- ::-::~~ ;r*;~~~~"" ~~- _~__ ;'~';:r8EREF;:OaEi' D1=$!GN IS-ACCEPT ABLE. :~;~~ig;~~~~~~~'?~::~~~~~~~. .__--~-:---.- () Z w ::> J-z Zw d~ z w o a:: <( (!) UJ :J...J Zu. UJ _ ~ffi z~ UJ3: 00:: ~US C!>...J ~() 10 .... z O...J 10 J- ZIO <( ...J 0 ~ <(we<> () :c 0:: ...J c::: u. 0(/)<- ...J a:: :I: ffi J- <( ti: i () ~~ c::: W ('I') ~ US ...., 0 ...J OLO () a:: a.. (!)~ ZUJ - I- a:: 5" ltl~~i~ Z~...J ii -1-u.,J,,J, (!)~~~~ Zl-~I!!u. W :g~ Oz WO (!)~ PROJECT N. ~ DR BY M.B RVBY .-. AB DATE .~ ,,_. . 0711512004 SHEET NUMBER 8-1 ~ OF--L- CL WCoverSheet . RECEIVED FEB ? 7 70n4 PLANNING DEPARTMENT C'TY OF CLEARWATER FLD2004-02010 503 MARSHALL ST Date Received: 02/27/2004 1504 GARDEN INC ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 268B PLANNER OF RECORD: NOT ENTERED PAl D CK.NO.J/~OL ~) DATE {)~~70'l ISO ,,-6 Wells, Wayne From: Sent: To: Cc: Subject: Wells, Wayne Friday, October 26, 2007 6:08 PM 'HSullalman@aol.com' Thompson, Neil; Patni, Himanshu Parking Demand Study, 503 Marshall Street Hashim - I have reviewed the draft Parking Demand Study for your property at 503 Marshall Street and have the following comments: 1. Introduction - First Paragraph - The property is located at the southeast corner of N. Ft. Hamson Avenue and Marshall Street (not the northeast corner). 2. Introduction - First Paragraph - Check the square footage of the existing two-story building. I don't recollect It being 1710 square feet GFA, but maybe 1710 for only the first floor. 3. Introduction - First Paragraph - There is an existing duplex, not a house, on the west side of the property to be demolished. 4. Introduction - Second Paragraph - Need to state the square footage of the second floor. The use of the second floor is for accessory storage for the first floor use of retail sales. 5. Introduction - Fourth Paragraph - The proposed use of the building IS for retail sales and services. Parking calculations have only been done for the first floor. Need to calculate for both floors. 6. Introduction - Fifth Paragraph - Unclear why this paragraph is necessary. This might be good for the Flexible Development application narrative, but has no bearing on the Parking Demand Study. 7. Methodology - First Paragraph - The meeting on October 23,2007, was with me. I believe I told you a scoping meeting to discuss the methodology for conducting or preparing the Parking Demand Study also must occur with Traffic Engineering, which has not occurred. 8 Methodology - First Paragraph - I have talked to Himanshu Patni in Traffic Engineering and we both agree that the basis for determining parking demand is not a direct correlation to Trip Generation by particular uses. It may be used to assist in explaining certain charactenstics of parking demand, but not the basis for determining parking demand. I possibly thought that part of your basis would be that the second floor would be used exclusively for storage of products for the first floor. 9. Methodology - Second Paragraph - I am unclear why the proposed user of the retail sales is unknown, as you have told me for a long time that it IS beauty supplies. Likewise, unclear why the proposed hours of operation are unknown. 10. Discussion - Need to address both floors in any calculations or discussion, for both any prior use and the proposed use. 11 Conclusion - First Paragraph - The methodology and discussion has been about the number of tripS being generated, which does not correlated to the number of parking spaces required for a particular use. This Study must justify the requested parking reduction from X number of spaces to Y number of spaces 12. ConclUSion - Second Paragraph - Unclear of the need for this paragraph. There must be excess parking spaces (more existing spaces than required spaces, which means parking calculations must be done for the adjacent business) at the adjacent business in order to enter into a cross-parking agreement. However, If there was excess parking spaces on an adjacent business where a cross-parking agreement could be agreed upon, these spaces being used on the adjacent business could be counted as part of meeting the parking requirements for this property. Since thiS discussion seems unknown, recommend removing this paragraph. Wayne \ 1 \. '1 OCT-25-2007 09:16 AM DISCOUNT FOOD MEAT MARKT 1 813 930 8465 11124/2887 1!14:3'7 9139722946 SOt€V FM u..c: , fi tf . W fA '!J '(\@..' \M ~\ \'S. I r:rlYl'Vl~ 1/ a sh;WI S d l \C\,\ ~~C V\ 50 ~ H74 ".$)'41 ( sf PARKING DEMAND STUDY FI. HarrlSOll Ave. & MarsIli'" Street . Ram A. 0081. Ph.D., P.8. ..743 t Octohet 24. 2001 P.01 PAGE 81/85 if OCT-25-2007 09:16 AM DISCOUNT FOOD MEAT MARKT 1 813 930 8465 4W'_~'.wur w..~t a4~/~~qD SDNEY FM LlC P.02 PAGE 82/85 ~C> ~.t-'< ~\,Q \..# 1 y S~. ~.~ I Iln'aOnVCTION The 0.18 8CN pl'Oject lite tlte f.lituatcd. com.. ofPt. HarrisoD A'Ie. (See cmJ Site PJau). 1'ba.. two 1lld8dD8baUdiJJ8 ~ \IIaIIit. PDar... Jbr1.hfll \f~a..< bIlitdiDa...,. 0fIcebai1diag~ '~912 SF. ____ OJ The propoeed. DIe 1br 1bia exiatlq Oftlco buiktiac will be I Retail Store of 1.110 SP .......~ far the seccmd tloor. The buiJdfnJ to I'CIIIIIa with DdedorI8Vf", site ~ aDCl minor &;ado c:bqes. The 2'.otrina DiIIrict fbr thiI site II ComIrlen:.ia1-c" with . ~ Gcaenl lAnd Use.. U"dlrdaeFlaib1e~t Code, 1be~ patIn,lpICC81bJ' . RtaI1 buildiDa , 'l** pel' OF A. 8cc1ioD 2-103 .t'IeltibJe StaadIInt Dm:Iopmem witbiD the ~ cIiIIrict, Tablo 2-703. "C" DiItrict P1aIbJc Sladard Dc"......' StIuJalde alloM lOr 4-, IIpIIOCI tbr...u. "'Q....~ ~~ ~('"" ~.., P8rtiua: 1.710IqUfOr-txS-9' t..f-t:r f1rtr~ II Older to meet ~ aequiremslt It ptlt the eocIe. ,......-? bu... at the cIriwny IIlIdl'IlIIoefiom ~ StNet is to be l'IdUClOd 10 S.4Bl teet. H~ . vnd.vcr ill bema ~ ~ theftlllWnd ....bu4'odDa. BeIe4 .. dw abow IIIIIIIIl<<o ot~ rIC{IIInclue .lOtloM: . OCT-25-2007 09:17 AM DISCOUHT FOOD MEAT MARKT 1 613 ~3~ ~4b~ 6'" .... ....U. U...... D"'''~'4:al''D 5Il'E;V FM LLC PAGE 83/85 t""..ro6 n METHODOLOGY " Prior to <lOJIducdDa thUlIII1yait, a 1!lethodotol)' mecrtiq wu estaWiBhed wftb the City ofa-wAblt"'OIl n.e.cIay, Octo. 23. 'JJ#1, rrB tdp praadoas Ire to be pa:1bmJad. tor dut IldIIiq 0B!cl. U. and~ Rmil t1aeVIiDs the .,.. EdidoG ofrrR TrIp GenentioD Report. Reviewl1he me...... ill 'R~ Daily _ -1.. ') 'I'tipe IDd Peak Tripa Total betw-. the two uses. ~~ ~ .. geifta that die cacI-ueIIr ot~ yat to be dIt.nm1ed, bola oto;;;:;._ tmkDown It tbiI time. ~ - \-,,\ ,~'" m DI8CU&SION '\)u.. ~ .At:tMbed ........ fa...... Trip Oaacaatiao tv omw UlII: w1Iicb l' U 1b1low8: ~\~t) ~YW1y~U>> ~ ~ PM Peak Trips T()fal. 3 'K~~ ~,,!A~ . Etpected n.iJy TlipP 13 \>~. PM'" TrJ,IB To&lI1- 45 ~~..a( ') -lv"" IIIMe, tile diftWcce ~ the two.... otPropo8od RcIaU lWUftua tho aiIdq 0fBce Ie: b) . ~e" ~>( ~\~ ~\~v\~ ~ ...~ ~ .::,,\ \~V Propoaed Trip GentaIioa fbr RetaU u.o is a1bDow: 1xpecte41Dcn8te in Daily Tripe-13.19- S4 Bxpeoted...... in PM PeIk Tripe TDII1- 6-3- 3 'l'hcaMf aumIMa .. wry IDIIptflcant IlIICl doll QOt V4IIIIIt . cfaaiJed. "i'llfile Study.. Qaeuc NIf..d1.mats at tile drlveway etdrIacc at MmIW1 Street. IV CONa.tJAtON ..... Oft the cUscallllloalal" thmugMlIt tJria npat't. hi oar opWou. we W it hu been ;rov. tbIt tile IIDOUnt ofJJ8ddq ..... for the project is .-quate. III the ~ the cIevcIopcr bIa been sped::iq wltb the Drltt cka-DIIIIIIpf of I8IBil to abow IddhioDaI pa:fdq JtDeeded in......w .......... loa. p.t:iq....... AbIIouplllb bIMt bep. we CIIIIIOt ~~....I........ <<if thI8 aI&y Uppea. . - ....,..-.... It) 4Il .... ~ lSI ~ Cafc~~~1h. ~t UIed 'lip ~.raIIM"""IiraIn..1III EcIUDn lIE _..........1IIpart IIIllIII l!f ~ ~ if i oD I l't N "" g: ... 1IO .c.......... ........... .811.....&7 . . ptMoP- -- _"l .1..... . - .. .... - I ,. (0) ~ 4Il alq~nel\ ~<t:}' ^do~ ~Sr:lt!.l ..... lSI' lID t'l .... ~ ('01 ~ .. .' o (j -l I IV UI I IV IS) IS) -J IS) \D .. CO :J> :I t:l .. (j) (j o c: Z -l "l1 o o t:l :I Jl1 :J> -l :I :J> ;V ^ -l .. CO .. (/I \D (/I ~ CO ./> (11 UI "1l ~ ./> ~ ~:::.... .~= TKp Gellenlllan "*- ......... EcaIan ITE Ttfp GeIwIIIIanRlpart .... - T... It) I ~ Ui Q, III I It) I/) V CD Gl i') (11 i') .. CD ..~ ~lf ij I- a: 1IJ E R o o 14. I- Z ::l g# Cll! ""I,; R:n "I ~1IIIl""..,#...~&, .~.......,..,.~ r "_....~ li:S MOIHiP _" a: (11.. ..0) ~i Gl 1'-8 Gl... Gl~ Nt I'" Ill! N. I l- t.) o . I I - alqel!ei'~ \I t:do:l lS:~~z.; .... --- ,............ Of 'i Page 1 of2 , . Wells, Wayne From: Wells, Wayne Sent: Thursday, October 18, 2007 10:58 AM To: 'Timothy L. Hunt' Cc: Hashim Sullaiman; Thompson, Neil; Ruud, Alan K Subject: 503 Marshall Street Tim - It has been a long time since we have talked about this project. Case No. FLD2004-02010 was approved by the Community Development Board (COB) on January 18,2005, with nine conditions. Condition #1 required the submission of a building permit by March 19, 2005, since interior remodeling had proceeded pnor to COB approval. After an extension to this time frame to submit the bUilding permit application, a bUilding permit was submitted June 24, 2005 (BCP2005-06914). This building permit was never Issued and was voided October 24, 2006. As such, the COB approval under FLD2004-02010 has lapsed and IS now expired/void. The property to the south at 1411 N. Ft. Hamson Avenue where Mr. Sullalman previously had a parking agreement has now been approved on September 17, 2007, under Case No. FLS2007 -07035 to permit a social/community center use. That applicant is proceeding to redevelop the site through bUilding permit BCP2007 -08504 As you alluded below in your email, new plans for this property were to be submitted to go back through the approval process. No such resubmission has occurred. Any future use of this property will reqUIre compliance with Code provisions, including any necessary approvals by the Development Review Committee (DRC) and/or the COB. However, Since there is still an active Code Enforcement case on this property for remodeling without plans, permits and inspections and a stop work order was issued and posted on February 6, 2003 (CDC2003-00559), this property will be turned back over to the Community Response Team for enforcement action. Should you have any questions, feel free to contact me by email or by phone (727-562-4504) Wayne -----Original Message---n From: Timothy L. Hunt [mailto:thunt@hwceng.com] Sent: Wednesday, January 11, 2006 9:36 AM To: Wells, Wayne Cc: Hashim Sullaiman Subject: 503 Marshal To; Mr. Wayne M. Wells, AICP Planner III RE: Case No. FLD2004-02010, 503 Marshal Street Wayne, I thought I would update you on what is going on with the project, since y~u have been so helpful in this project. Hashim can't secure a parking agreement with the new neighbors to the south. He has decided 10/1812007 '/ " .. ~ Page 2 of2 not to pursue the addition to the west with the new stairway, but use this area for additional parking after the existing wood frame building tear-down. Since this is basically an entire scope revision, we plan on re-submitting an entire new permit application with entirely new drawing set. We have to gear back up to accomplish this re-design. I am not sure, but we may also have to present the new plans once again to the commission because of the change in scope. Please don't hesitate to E-mail any comments you may have. Thanks for your help. Sincerely, Timothy L. Hunt, PE Engineer cell ph 727-420-8172 fax 727-586-3343 10/1812007 ,. '. ~a:D:IDZZl:q.o-b' ~{~~!l iflft~ ~~~~~' ~ 11':" -. -- t:l ~~~~ ~V CITY' OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAl SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562"4567 FAX (727) 562-4865 loNG RANGE PlANNING DEVELOPMENT REVIEW November 22, 2005 ML Hashim Sullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Case No. FLD2004-02010, 503 Marshall Street Dear ML Sullaiman: On May 13, 2005, a letter was sent to you declaring the above reference application null and void due to the non-submission for a building permit for the improvements on thIS site. Upon further review based on the circumstances of this case, it was determined to allow the application to remain in its APPROVED status with the submission of an application for building permit on June 24, 2005. The letter dated May 13, 2005, declaring the above referenced application null and void is hereby rescinded. Building Permit #BCP2005-06914 is stIll in received status with the Development Services Department pending further review ofthe plans for this project. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner III, at 727-562-4504. Sincerely, .. ~/__~., ~.--:!~~___ ~,J_4 :::~~ / /" ~ ~/ Michael Delk, AI P Planning Director Cc: Bob Hall, Community Response Team S IPlannlng Depar/men/IC D BIFLEX (FLD) l/naC/I ve or FInished Apphca/lonslMarshall 0503 Garden Avenue Complex (C) - ApprovedlLeuer reverslllg FLD now Null and VOId II 2205 doc FRANK HIBBARD, MAYOR BlII J01\SON, VICI:.N!AYOR HOYT HAMIl TON, COUNCIl MEMBER @ JOHN DORAN, COuNClI \1I:,mER CARl IoN A PL1 ERSI:N, COUNCIl MEI\mI'R "EQUAL EM!'I OYMENT AND AFFIRMATIVE ACTION EM!'I OYER" f I ... I , =--------~ ~-I~LJ;9 _Eks b.cfl:1 ;:;. =- -=-=.-=-=-s...." ,- ta~- ::S-_'tf: _~_.-?j, ~ ~ I - O_~('L ~ ~~~"~ 7 n - r- ~ c... e..S.! ~ - -- - 1 ~--- - --- ----- - --'-""-- _...-:- "# s ~~$ _J:~\l!~~d ;> . . . - - .--_.i....:.~ - - ~ ~-- -~=-.:::.....:;.- ---- -~~tb.J J-/90C N"M,. ~-- nrst 'Ll1. ->}( z.._7~~~~_2:-1. J \11~L~ .>0 =- -_u_B 8 _ -- ~r -- ---..-~ - __ 00. --..-::.......-.=-~_"'~_~ ..__ k~ .(, (t) 5~_c.~ . _ _~_o y... 5~S- - _~L7~ -~ 1>>~ -' ~-~- ~o --..=::-_- ~- =-""'--- .....~--,- G ~_L2-Oc-~, ~__~ _~3 t~ 1- . , ~t . ~~ - - -~---"-;:. - -- ~ ---== ~--;:. --'~-""'--=>;.-- ""----- --- - -- ?A-'~.:~.N9 ..........,,--'-'~- -- ~~-- - -=_--::: _:r-_ - - ~ o ffi cQ-(i;t~_~~~LU!LJJ)O ~t- __ --- "3 ~ .c}_~J- =_~ 5-_Lu)'~f) sf - I ~. 8 Of t +-~r~-eJ--"'~-.J )r-'?d ~ -~~- ~ 0 ~L@__3_t~~~j,~ILQO_S f - - -- ) i~ 4 5+ ~~ =~3/-l.IlTl.O_rl. :: J 0..3 , or J ~_ ~ I- ~~t_r '_\.L\~cl ~~ -- ~ _ a!\lj_~~_~~Lct>\.-;'k -~ --- -- , - ~-1l L-dl~.",,]t\,_v1rn.._a.._p_~Cj~~ V~\Y' I -,.. ----~- - ~,"""""..-- - Wells. Wayne From: Sent: To: Subject: Wells, Wayne Wednesday, September 07,20057'44 PM Clayton, Gina RE. Hair Salon Case FL02004-0201 0 was approved by the COB on January 18, 2005, with nine conditions ThiS was for retail sales of beauty supplies (no mention of a hair salon) The applicant has submitted the necessary application for bUilding permit and they are under review prior to Issuance of the permit -----Onglnal Message-m- From: Clayton, Gina Sent: Wednesday, September 07,20056'50 PM To: Wells, Wayne Subject: Hair Salon Are you familiar with a COB case for a hair salon located at Marshall and Ft. Harrison? The Board inquired about the status of thiS case? Can you pOint In the right direction? Gina L. Clayton ASSistant Planning Director City of Clearwater glna clayton@myclearwater.com 727-562-4587 I .....;' Timothy L. Hunt, PE Consulting Engineer 568 Baywood Dr. N. Dunedin, FL 34698 Ph# 727-420-8172 ---~--~- --'--- !! 0 ~ t~~w ~-~_:-- I [JUN-3_~ J 0 L PLANNING & DEVELOPMENT SERVICES --.--E'r:! OF CLEARWATER May 31st, 2005 City Of Clearwater Planning Department P.O. Box 4748 Clearwater, FL 33758 Attn: Mr. Michael Delk, AICP Planning Director Or Mr. Wayne M. Wells, AICP Planner m RE: Case No. FLD2004-02010, 503 Marshal Street Dear Mr. Delk and Mr. Wells, I am writing this letter on behalf of Mr. Hashim Sullaiman of 1504 Garden, Inc.; 1504 N. Garden Ave, Clearwater, FL 33755 ph # 727-549-2629; in response to your letter of May 13th , 2005. We were unaware that the March 19,2005 permit submission deadline existed and thought that we had six months or until June 15lhc:o submit for permit. We are presently planning on having drawings submitted to the City of Clearwater Monday June 6th. You are correct that we should have had the permit submission in earlier but we have been delayed because of the following- 1. We did not want to start demolition until all road construction at the front of the building (Alt. 19) was completed. 2. The Engineer doing the work on the building plans (myself) is different than the one who did the site plans, and some coordination time was needed. 3. The Contractor we had originally planned to oversee the work and submit the permit (at least for Demolition) changed mid-stream and we were forced to locate and employ a new Contractor. 4. Mr. Sullaiman was unaware of the deadline and was busy getting married. The after the fact interior renovations which were originally done prior to engineering involvement are very minor in nature and basically revolve around removal of interior non-load bearing walls. We apologize for not submitting within (2) months after Flexible Development approval, but we are now back on track on a short time-line to submit for permit and complete the work. I We would like you to allow us to submit plans next week. Please contact Mr. Sullaiman or myself if not allowed to submit in this time-frame. Sincerely, t ~ ""''',,, ..~t. ~LOF Tilt. ......... ~.~"':"..,,, ~"~- "'L~ .., "~ " I~ \'~ " I " .".-- ~~t \ , ~ ~ ':. _ ~i''r\~r' ':. ~ "'~':. -::=<~<:(" ..r:: ':. =.0-. ~.. ..~'::. --,=.- r.;: It ..,~,--- .,~,:" ~ 7);r--' ,t', ...... ~ ..... ~,~ '#I.."~"" ..........)1TE~"... · '111" CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SmITH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 May 13, 2005 Mr. Hashim Sullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Case No. FLD2004-020 I 0, 503 Marshall Street Dear Mr. Sullaiman: On January 18, 2005, the Community Development Board (CDB) APPROVED your application for Flexible Development to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to five feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement) and reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-l202.G, for your property at 503 Marshall Street. The Development Order included the following condition of approval by the CDB: That the applicant apply for City building permits for after-the-fact interior renovations, building additions and site improvements by March 19, 2005. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause enforcement action to be initiated again; There has been no building permit submitted to-date. In accordance with the above condition of approval, this Flexible Development case is now null and void. BIlIANJ AIIN(.\I, MAlOH-Cml~II~~IONI H lIon II.\MII 101', VI( I' MA10I(-COM~1I~~IOI\I H Willi 1\1 \ GH \\, ('0\1\11\'1< )1\1 H FI~.\;\" III1\1\AIlI), CmlMI~~IOI\I H * Bill 1(lI\~ON, C<l\I\II"1< )~II~ "EOliA'- EMI'I()Y~lI:-J1 A~)} AFI'IIIMAIIVI AI Ill)'\) F"PIll\I,JI" JI'" ~~ May 13, 2005 Sullaiman - Page 2 The Planning Department will request the Community Response Team to initiate enforcement action due to the unpermitted construction that has occurred on this site. Should you have any questions, feel free to contact Wayne M. Wells, AICP, Planner Ill, at 727-562-4504. ~ Planning Director Cc: Bob Hall, Community Response Team S. IPlanning DeparlmentlC D B\FLEX (FLD)I/nactive or Finished ApplicatlOnslMarshal/ 0503 Garden Avenue Complex (C) - ApprovedlLetter re FLD now Null and Void 5./3.05 doc gUDPITPPg, ,~~~f\LOF rIllA'"" ,,'!':.~~\ ~.""u"'...,,~7*_ ..v ~" "'7~'" ~~::-,.; " I ~............ /1j~,,',\ 1/ ~ !?'" l:l~'::: -- , ':: ~ l> r::: ~ =-==- ~ llt "'~':. =-- ~ill "U':. -~~ L'i':'.. "':-'?.&---==- ,,~""';, ~..: r.1A.r;,~;;'-'J~~;\\ .......,.....,J1TEltD,... 'I'Ll'" CITY OF CLEARWATER PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PlANNING DEVELOPMENT REVIEW January 20,2005 Mr. HashIm Sullalman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Development Order - Case FLD2004-02010 503 Marshall Street Dear Mr. Sullatman: ThIS letter constttutes a Development Order pursuant to Section 4-206.D.6 of the Commumty Development Code. On January 18, 2005, the Community Development Board revIewed your request for FleXIble Development approval to permit retaIl sales WIthin an existmg two-story commercIal buildmg WIth a reductIOn to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot WIdth (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to eXIsting and proposed budding) and from 25 feet to five feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement) and reductIOns to the SIde (south) setback from 10 feet to one-foot (to eXlstmg and proposed buildmg) and from 10 feet to zero feet (to proposed pavement), as a ComprehensIve Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reductton to the landscape buffer along the south property Ime from five feet to zero feet and a reductton m the width of the reqUIred foundatton landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a ComprehensIve Landscape Program, under the proviSIons of Section 3-1202.G. The Commumty Development Board (CDB) APPROVED the applicatIOn with the followmg bases and condlttons: Bases for Approval: 1. The proposal complies WIth the Flexible Development cntena as a ComprehensIve Infill Redevelopment Project per SectIOn 2-704.C. 2. The proposal is m compliance with other standards m the Code includmg the General ApphcabIlity Cntena per Sectton 3-913. 3. The proposal is m comphance WIth the Comprehensive Landscape Program criteria per SectIOn 3- 1202.G. 4. The development IS compattble WIth the surroundmg area and will enhance other redevelopment efforts. BRIAN J AUNGST, MAYOR-COMMISSIONER HoYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMIS,IOt\ER FRMK HIBBARD, COMMISSIONER * Bill JONSON, COMMISSIONI:R "EQUAL EMPLOYMENT AND AFFIRMA lIVE AC1ION EMPLOYER" January 20,2005 Sullalman - Page Two CondItIOns of Approval: 1. That the applIcant apply for City bUIlding permIts for after-the-fact mtenor renovatIOns, building addItIons and sIte improvements by March 19,2005. FaIlure to submit for these permits wlthm thIS tIme frame shall cause thIS FlexIble Development approval by the CDB to be null and VOId and cause enforcement action to be mitIated agam; 2. That use of the bUIldmg be for retaIl sales and services; 3. That the sIte and landscape plans be amended pnor to the Issuance of any buIldmg permIts to show the followmg: a. as part of the sIte data, that a recorded shared parking agreement exists on the adjacent property to the south for 11 parkmg spaces; b. reVIsed landscape plans addressmg overall landscape reqUIrements, mcluding showing the canopy of the l4-mch oak tree to be preserved, irngatIOn, vlSlbIlity triangles and foundatIon landscaping, to the satIsfactIOn of the Planmng Department; c. provIde eXlstmg topography of the eleven parkmg spaces in order to provide assurance that project will not block off SIte flow nor WIll unaccounted surface waters contrIbute to system; d. delmeate eXIsting and proposed drainage basms on constructIon plans; e. provIde eVIdence of proper notIficatIon to the origmal engmeer in accordance with F.A.C. 61G15-27.00l; f. provIde erosion and sedIment discharge controls on plans; 4. That the final deSIgn of the bUIlding be consistent with the conceptual elevatIons submItted, or as modIfied by the CDB; 5. That the site be lImIted to one monument sign, at a maximum height of SIX feet, located outside of visibIlIty trIangles, con taming the site address and be coordmated/conslstent with the color and matenals of the building; 6. That the owner/applIcant immediately notify the CIty'S Planning Department m writing m the event parking on the adjacent property to the south becomes unavaIlable for use by the subject property. The owner/applIcant of the subject property shall obtam required parkmg on other property(ies) acceptable to the Planmng Department through the recordmg of a shared parking agreement(s). FaIlure to provide the required number of parking spaces for the subject property shall be a violatIon of thIS approval and shall be subject to remedIes avaIlable to the City, mcluding the revocatIon of occupatIonal lIcensees); 7. That all appropriate permIts be obtained to upgrade parkmg on the parcel to the south and all work be completed and mspected prior to the issuance of a Certificate of Occupancy for this site; 8. That this SIte share the dumpster on the property to the east, through appropriate agreements with the CIty and the abuttmg property owner. This off-site dumpster shall be upgraded WIth appropnate buildmg permits and be properly located and screened to meet CIty requirements prior to the issuance of a Certificate of Occupancy for this SIte; and 9. That, pnor to the Issuance of a Certificate of Occupancy, Traffic Impact Fees be determmed and paId. Pursuant to Section 4-407, an applicatIOn for a bUIldmg permIt shall be made WIthin the tIme frames set forth above. All reqUIred certIficates of occupancy shall be obtamed withm one year of the date of Issuance of the bUIlding permIt. TIme frames do not change WIth successive owners. The Commumty Development Coordmator may grant an extenSIon of tIme for a penod not to exceed one year and only wlthm the onginal penod of validIty. The Commumty Development Board may approve one addItional extenSIOn of time after the community development coordmator's extenSIOn to initIate a bUIlding permit applIcatIon. . January 20, 2005 SullaIman - Page Three The Issuance of thIS Development Order does not relIeve you of the necessity to obtam any buildmg permIts or pay any Impact fees that may be reqUIred. In order to faCIlItate the Issuance of any permIt or license affected by this approval, please bring a copy of this letter with you when applymg for any permits or lIcenses that require thIS prIor development approval. Additionally, an appeal of a Level Two approval (FleXIble Development) may be initiated pursuant to SectIon 4-502.B by the applicant or by any person granted party status WIthin 14 days of the date of the CDB meetmg. The filmg of an applicatIOn/notIce of appeal shall stay the effect of the deCIsion pendmg the final determmatIon of the case. The appeal perIod for your case expIres on February 1,2005 (14 days from the date of the CDB meetmg). If you have any questIOns, please do not heSItate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning informatIOn for parcels withm the City through our websIte: www.myclearwater.com/gov/depts/planning. *Make Us Your FaVOrIte! ~c_e::b~ ~ '?f~~~~~ Cynthia H. Tarapam, AICP Plannmg DIrector S IPlannlng DepartmentlC D BIFLEX (FLD)I/nacllve or FinIshed ApplzcatlOnslMarshall 0503 Garden Avenue Complex (C) - ApprovedlMarshall 503 Development Order doc \ ." ' ~i._.. _" ~ clearwater (j '1 ~\ '\. '\ FAX COVER MEMO RE: S (;) ~ tv\N-~ ~\t S\-; H-S> 2-c 04 - 0 l..O I\) MESSAGE:_M~ t~~,,~ ~~&.'j ~,,--,se..~ ~~~\;~. CITY OF CLEARWATER PLANNING DEPARTMENT 100 s. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO:_~h\~ 5\J)\~"'~ FAX: - ce\~- +~'!,-..sSS~ Phone: ~ + 2:.. - 2- L, 2- , FROM:--1-J~ \dells DA TE:~ --1/ ~ 05' Phone: ~ \0 2.. 4-~ 04 - NUMBER OF PAGES(INCLUDING THIS PAGE) 3 ~ \. '::,Et I[i I t ~Cl F' EF'[!F' T Jan. 12 2005 07:14PM YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 98134335553 START TIME USAGE TIME MODE PAGES RESULT Jan. 12 07:13PM 01'22 SND 03 OK TO TURN OFF REPORT, PRESS 'MB-IU' 004. THe-! SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASS I STANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). '- ~"" - .. t r ~ Cle~arwater () FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO:---bk.s~,~ s'l.)110\.\~ FAX: .~ I ~ - 4- ~ 3 - S-.s-S 3 Phone: S- ~ 2 - L ~ 2... ~ FROM: ~~ b),U h DATE:~ -.l/' u J 'Vs Phone:~ to 2. -=- + S-o A- RE:~D 2-00 f, 0 ~9 ) 0 ..J b 3 Mw-s- \-v..\l ~ +- . MESSAGE: - C""'!) ~\~r~~~~ ~~ \JI'bto~ - /\\~ :;,\...~ cl'\~.~4~\:--.s ..,... - <; &-),. '-- ~;. '\ +v '1 ~ --:l \,J 1 ~~ 1}"'~ r~.\- NUMBER OF PAGES(INCLUDING THIS PAGE) i, a....,._J ~ '::B 1[1 I t jCj F'EF'C]F'T Jan. 10 2005 10:03AM YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 98134335553 START TIME USAGE TIME MODE PAGES RESULT Jan. 10 09:59AM 03'58 SND 09 OK TO TURN OFF REPORT, PRESS 'MENU' "04. T\-Ie.I SELECT OFF BY US I NG '+' OR '-'. FOR FAX ADVANTAGE ASS I STANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). auJlt17TLTUfr;: .O~ t. ~LOF Tift #"'"" A\~~\ .~'t"u..,.J~}:~,<> ~,~"" ~~.'7.'" l:1~" I ~....-.... ... if" ~~' '- \ /1 . ':. ~.... ""l~~....... \ " _ "Q l:l~ - - '5lC~ to, r:::: ~ =_ """ III "'~':. ==-. ~~ ':..d?':._-~ ,~l) -Y..6.~ j,r-........."\.. VJf.~lCm""~"~'\ ......#,~TE~"... '..IJ1.I' CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUIWING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 loNG RANGE PLANNING DEVELOPMENT REVIEW December 16, 2004 Mr. Hashim Sullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Case No. FLD2004-0201O, 503 Marshall Street Dear Mr. Sullaiman: The Community Development Board (CDB) at their meeting on December 14, 2004, continued the above referenced request to their January 18, 2005, meeting. The request is for a Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for property located at 503 Marshall Street. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562-4504. Sincerely ?/ tiP ~ ~~,~j Planning Director S IPlanlllng DepartmentlC D BIFLEX (FLD)IPendll1g cases I Up for the next CDBIMarshall 0503 Garden Avenue Complex (C) J J 805 CDB - WWlMarshall 503 CDS Contll1uance Letter J 2 J 604 doc BRIAN J AUNGST, MAYOR-COMMISSIONER HOYf HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COM~llS~IOI\ER FRANK HIBBARD, COMMISSIONER * Bill JONSON, COMMI~SIOI\[R "EQUAL EMPLOYMENT AND AFFIRMAl IVE ACTION EM PI OYER" 11.. - 7 - ;LCf)(!) Y .3: CO\.~ ~ to UJ or \L ~ ~CV'I ~ \ 'SI v-e... ~ ~{- -t"'-<- ~ aJ-~ Cq..E- II~ ~~ ~~i1fJ1YZT.iT~ ~OD~'t~lOF rll! 0.",<>. AI;~-\ ''ij).,,'rD.I$~,~k~ ~"'P~j" '~~,;,-"" ~ ~.,; I ~-;'.P-'" "II'<~~ ,\ II'A ";. ~ '" N~,,- ,d'l - '" t:)~ _'i '~"1 I'> __ ':. ::--=_ C-" . ro.; ill ""'!.."oa- =-~ :--;'~ "'\r'~~-~ ~<l ~~--~._- .,<S'~, .. _....._____ ,t \ - 7f;rm,"'~'\;.'+ -~... F'f TE~, .... "'-IllIg- CITY OF CLEARWATER PlANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 LONG RANGE PlANNING DEVELOPMENT REvIEW November 18, 2004 Mr. HashIm Sullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Case No. FLD2004-02010, 503 Marshall Street Dear Mr. Sullaiman: The Community Development Board (CDB) at their meeting on November 16, 2004, continued the above referenced request to their December 14, 2004, meeting. The request is for a Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for property located at 503 Marshall Street. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562-4504. Cynthia H. Tarapam, AICP Plannmg Director S IPlannlng DeparlmenllC D BIFLEXlPendmg cases I Up for the nert CDBIMarshall 0503 G{//den Avenue Camp/ex (C) /214 04 CDBIMms!zaIl503 CDB Contll11WnCe Leller 11 1804 doc BRIAN J AUNGST, MAYOR-COMMISSIONER HoY[ HAMILl ON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMIS~IOt<ER FRANK HIBBARD, COMMISSIONER * BiLl JONSON, COMWS~IONER "EQUAL EMPLOYMENT AND MFIRMA11VE ACl ION EMPLOYER" y Page 1 of 1 Wells, Wayne ORIGiNAL From: HSullaiman@aol.com Sent: Tuesday, November 09, 2004 2:48 PM To: Wells, Wayne Subject: Re: Complete letter for FLD2004-0201 0, 503 Marshall Street Hello Mr Wayne I like the continuos of this case ,next month December 2004. Hashim Thanks 11/9/2004 / / I " ~-uTIa7iTJ7 8~ ~~~~~J~LOF rNt. ~- ~~1~ ~",.~c..-;"4#~~ .\~..' ~#.~- ~~~'\.d" .-~ ~":. ...."">lJ~'" ,,_ '" ~~.-_ - - "O::::C"l ",r::':. ~ ~~ Q~~ - - ;::::.: ':.YL\-o....- ,..~--:\ ~r..Jf.~m""~~."\ -"'~~~~lE~J1"DD.~ -~n CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 October 22, 2004 Mr. HashIm Sullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Case No. FLD2004-02010, 503 Marshall Street Dear Mr. Sullaiman: The Community Development Board (CDB) at their meeting on October 19, 2004, continued the above referenced request to their November 16, 2004, meeting. The request is for a Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the proviSIOns of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a ComprehensIve Landscape Program, under the provisions of Section 3-1202.G, for property located at 503 Marshall Street. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727 -562-4504. CynthIa H. Tarapani, AICP Planning Director S IPlanl1ll1g DepartmentlC D BIFLEXlPend/llg cases I Up for the next CDBIMarshall 0503 Garden Avenue Complex (C) 11 1604 CDBIMarshall 503 CDB Conllll1lance Letter 1022 04 doc BRIAN J AUNGST, MAYOR-COMMISSIONER HOYf HAMILlON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMIS~ION[R FRANK HIBBARD, COMMISSIONER * BILl JONSON, COMMISSIONLR "EQUAL EMPLOYMENT AND AFFIRMAllVE ACTION EMPLOYER" Page 1 of 1 Wells, Wayne From: HSullaiman@aol.com Sent: Wednesday, October 06,2004 11 :36 AM To: Wells, Wayne Subject: Re' FLD2004-02010, 503 Marshall Street Hello Thanks for the email. Tim did tell a bout the last board meeting. I am coming back on the 16 of October. I hope I can meat the dead line and find a solution by then. Thanks Hashim 10/6/2004 Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, October 07,20047:08 AM To: 'HSullaiman@aol com' Cc: Gerlock, Chip Subject: RE. FLD2004-02010, 503 Marshall Street Hashim - Thank you for responding. Due to the fact that you will be returning on October 16th and the meeting is on October 19th, there is insufficient time to prepare revised drawings, submit them to me, revise a staff report and send all these revisions to the Community Development Board (CDB) In the time frames I have to meet. All these reVISions have to be sent to the CDB no later than October 14th. Therefore, understanding that you will not be back until October 16th, may I suggest that you ask to continue the public heanng on your case until the CDB meeting on November 16, 2004. You may ask for such continuance by email to me, with something like (take out the" " marks) "To: Members of the Community Development Board From: Hashim Sullaiman Re' FLD2004-02010, 503 Marshall Street I am presently out of the country and will not return until October 16, 2004. In order to assess your concerns, prepare revised plans and allow staff adequate time to review my revISions and prepare a revised staff report, I request to continue this case until the November 16, 2004, meeting of the Community Development Board." You could add in anything else you may want in the emall, but I think this is the best option for you and us. I want you to have the best possible project in front of the CDB, where they are not asking any questions, just approving you. I am hoping that you get this email soon and can respond to me by Monday, October 11th. Thanks. Wayne -----Original Message---u From: HSullaiman@aol.com [mailto:HSullaiman@aol.com] Sent: Wednesday, October 06, 2004 11:36 AM To: Wells, Wayne Subject: Re: FLD2004-02010, 503 Marshall Street Hello Thanks for the email. Tim did tell a bout the last board meeting I am coming back on the 16 of October. I hope I can meat the dead line and find a solution by then. Thanks Hashim 10/712004 Page 1 of 1 Wells, Wayne From: HSullaiman@aol com Sent: Thursday, October 07,20048:38 AM To: Wells, Wayne Subject: Re. FLD2004-02010, 503 Marshall Street In a message dated 10/7/2004 7 08.39 AM Eastern Daylight Time, Wayne.Wells@myClearwater.com writes: November 17 is fine with me I (take out the" " marks). Thanks Hashim 1 0/7/2004 ~J Wells, Wayne From: Sent: To: Cc: Subject: Wells, Wayne Saturday, October 02, 2004 8:04 AM 'HSullalman@aol.com' Tarapanl, Cyndi, Gerlock, Chip, Dougall-Sides, Leslie FLD2004-02010, 503 Marshall Street Hashim - I don't know if Tim Hunt advised you or not, but the Community Development Board (COB) did not approve your project at their September 21, 2004, meeting They continued your request to their October 19, 2004, meeting to allow you time to address their concerns Their concerns were the architecture of the bUilding (some details of the facade/elevations), the color of the bUilding and the fact that the shared parking agreement lacked any language for the City sign-off, City notification of the dissolution of the agreement or the provision of additional parking, or the shutting down of the business until additional parking is provided, should the shared parking agreement with the property owner to the south be dissolved The shared parking agreement will need to be redrafted and recorded, whether It IS done now prior to the next COB meeting or whether It IS a condition of approval that It must be redrafted and recorded prior to the Issuance of bUilding permits. I don't know where you are, whether you are in the country or not, and what you want to do with the building facade/color and the shared parking agreement. I need to send out a revised Staff Report at the very latest of October 14, 2004, that deals with the issues the COB raised. If revisions are possible quickly, I need revised plans (15 copies) by no later than October 11, 2004 If this is something that will take longer, let me know, as you will need to request in writing (can be email) to continue the request to the November 16, 2004, CDB meeting. There is a $75.00 fee for such a continuance request. Please contact me as soon as possible Thanks. Wayne "\ grrfJ(}IT/vrff4: ~~O~~j}.LOF rift. "'#.... ~~~~~""'"...-...,~,~A"- ~"'::;;,,'~. I ~~-::.::;t.~ ~I<'"::!!,' ,\ IJ;' '';.!'l.'' l;) ""-"'-"/'\-""-" '. '':. '" ""~~~~"'i' ..;lt~ r::- --- 1;1'..",......... ...~':.=- .jl~,,;::-.ulo "\1": - --- :t"i:'~' ':.~.A----===- .'~--:'l ~1f..F'm""~~~"" ~.......~TE?t'Jfjot ".lJllIg CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562.4567 FAX (727) 562-4576 loNG RANGE PlANNING DEVELOPMENT REVIEW September 29,2004 Mr. Hashim S ullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 RE: Case No. FLD2004-02010, 503 Marshall Street Dear Mr. Sullaiman: The Community Development Board (CDB) at their meeting on September 21,2004, continued the above referenced request to their October 19, 2004, meeting. The request is for a Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (we.st) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for property located at 503 Marshall Street. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562-4504. ~ Cynthia H. Tarapani, AICP Planning Director S IPlannlng DepartmentlC D B\FLEXlPendll1g caseslUpfor the next CDB\Marshall 0503 Garden Avenue Complex (C) 101904 CDBIMarshall 503 CDB Con/lnuance Leiter 9 29 04 doc BRIAN J AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE Mi\YOR-COMMISSIONJ:R WHITNEY GRAY, COMMIS;,IONER FRANK HIBIJARD, COMMISSIONJ:R * BII LJONSON, CO~1MIS;,IOI'\ER "EQUAL EMPLOYMENT AND AFFIRMAl lVi, AClION EMPLOYER" v Page 1 of 1 Wells, Wayne From: HSullalman@aol.com Sent: Sunday, September 19, 20044'54 AM To: Wells, Wayne Subject: Hashim Marshall St Hello Wayne I am OK with everything Tim Hunt will take care of the meeting. He should contact you soon. He is updated with everything Thanks Hashim 9/1912004 ...;: --. -',. ; Clearwater - () FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ~h"C't".. S\J)\~'~ FAX: .!> \ "3 - 4-~ ~... S S 3 ~ ~ \0 ~ ~ +r~. " 07 Phone: S ~ 2.-- '2,...\0 '2...' FROM: Wl'Lu~ Wl\\~ Phone:~fo2..-=-t~1- DATE:. Is \ RE:~~c4- 02...0\'0 - - S"'o 3 ~ lu.\r ~-\-. MESSAGE: - S+1t.,~i~~{ @:t- 7.. f~ ' I z-,) 0 t Co t> B - f\Jm~~S~;:;~L ~t:. NUMBER OF PAGES(INCLUDING THIS PAGE) ?J ..j......-'" ;, ':B I[i I t ~C.i F'EF'CIF'T Sep. 17 2004 04:59PM YOUR LOGO YOUR FRX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FRCSIMILE 01 918634131907 STRRT TIME USRGE TIME MODE PRGES RESULT Sep.1704:56PM 03'31 SND 08 OK TO TURN OFF REPORT, PRESS 'MENU' mM. TI-B4 SELECT OFF BY USING '+' OR '-'. FOR FAX RDVANTAGE RSSISTr:lNCE, PLEASE CALL l-BOO-HELP-FAX (435-7329). \. '.; l I~. ,::-' .!I.. ~ Clearwater ~ u FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 s. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ~~k,,,^ s~1)~\,~ - ( . - . - - . FAX: CO, 3.- 4-3:,...-:.s..s-n-. Phone: S "" 2.... 2- ~ 2.. ~ FROM: W~~ "'dt.\~~ DATE:~ ~~ 04- r, MESSAGE: ^ tV\ t) f'.", '\ J RE: NUMBER OF PAGES(INCLUDING THIS PAGE) 5 ) '::B j[I I t K:i F'EF'I]F'T .,-;' Apr. 21 2004 06:04PM YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 98134335553 START TIME USAGE TIME MODE PAGES RESULT Apr.21 06:01PM 02'20 SND 05 OK TO TURN OFF REPORT. PRESS 'MeU' t:t04. l1-IEN SELECT OFF BY US lNG' +' OR '-'. FOR FAX ADVANTAGE ASS I STANCE , PLEASE CALL 1-800-HELP-FAX (435-7329). J ,.,"111,,-, .;.~t.M"1 ~~.. ,~~-."..~ ~.... \\~(' ,L, -.. .. .....-/ ... "1:'\):"" 'c~._.. "r::: "'''' """'.. "f1'!~ w:: ~ .....':9:,'\.^"':.- ~ ~~~.;.;;;,'~~;'i ......~:.dTEQi't,.; ~#I,~l Conditions Associated With FLD2004-02010 503 MARSHALL ST Fire Condition Wayne Wells 562-4504 03/23/2004 Plans submitted for Fire Review must reflect adherence to Florida Fire Prevention Code, 2001 Edition and the following Codes: NFPA 101, 2000 Edition, NFPA 70, 1999 Edition and Florida Statute 633. Show on a Code Reference Sheet. PRIOR TO BUILDING PERMIT 03/23/2004 The sheet 2/2 included with this case will require several corrections to meet current Fire Code requirements. PRIOR TO BUILDING PERMIT Irrigation Condition Arden Dittmer 04/20/2004 ~rrigation must meet the City Code per Section 3-1203.C., ~ rain sensor, automatic timer,. etc. ~ Submit a plan that meets code pnor to D.O. 562-4604 adjust plans to show 100% coverage, Landscape Site Triangle Plan Arden Dittmer 562-4604 04/20/2004lli/20/2004 (A_D) ~ Submitted plans are not legible, please submit revised sheets making sure they are clear. Also, ~ note that if plants are in the sight triangles they are "to be maintained at not more than 30" in height. " 3/4/2004 (A_D) Per Section 3-1204.H. Plants in the sight triangles must be installed in accordance with the requirements in Article 3, Division 9 to minimize traffic hazards. "QV" is in sight triangle along with plants that will grow to interfere with vehicle safety. Building Facade Landscape C Arden Dittmer 562-4604 04/20/2004 \4/20/2004 (A_D) ~ ~ans ar~ unclear, poor print quality. 3/4/2004 (A_D) Per Section 3-1202.E.2. Foundation plantings shall be provided for 100% of a building facade with ~ frontage along a street right of way, excluding space necessary for building ingress and egress, 7l' within a minimum five foot wide landscaped area composed of at least two accent trees (or palm equivalents) or thr.ee palms for every 40 linear fe~t of building facade and one shrub for every 20 square feet of required landscaped area. A minimum of 50% of the area shall contain shrubs with the remainder to be ground cover. Side along Ft. Harrison does not show the required landscape area. Reduce sidewalk width to accomodate for this condition. Landscape 04/20/2004 Arden Dittmer 562-4604 * 4/20/2004 (A_D) same comment - no additional trees installed. 3/4/2004 (A_D) Add a few pond cypress to the retention area as part of the perimeter requirement. ~/20/2004 (A_D) same comment - no significant changes shown. ~ 3/4/2004 (A_D) "QV" are too close together, space apart more to allow for growth or change to different tree species. 04/20/200~V' r 4/20/2004 (A_D) ~ no change provided. 04/20/2004 Print Date: 04/21/2004 Page 1 of 4 Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met CaseConditons ,I FLD2004-02010 503 MARSHALL ST Landscape Arden Dittmer 562-4604 Q/4/2004 (A_D) -1 Relocate the three "CM" to a group location at the NW corner of the parking out of the sight triangles. 04/20/200~eelocate the plant list to the "landscape sheet", with revisions addressing the other comments. Land Resource Condition Rick Albee 562-4741 03/16/200~G-hOW the canopy of the 14" oak tree to remain prior to CDB. 03/16/2004 Show root prune lines where grade cuts occur under the canopy of the 14" oak prior to Building perm it. 03/16/2004 Show the palm tree to be removed prior to building permit. Storm Water Condition Initials Missing Initials Missing 03/09/2004 1. Provide stormwater calculations using City of Clearwater Stormwater Design Criteria method of calculating storage volume. Please stop by Public Works Administration for copy of criteria. 2. Provide grading and drainage plan with onsite proposed grades and elevations. ,3. Provide existing topography of the eleven parking spaces, if flow is to the pond or new ~ pavement is proposed, this area must be included in calculations. ~ 4. Delineate existing and proposed drainage basins. 5. Submit calculations for pond recovery within 24 hours. All plans and calculations must be signed and sealed by Florida P.E. Engineer's name must be clearly printed or typed. The above comments must be addressed prior to CDB. The following comments shall be addressed prior to building permit: 6. Submit SWFWMD permit. . 7. Provide erosion and sediment discharge controls on plan. Not Met Not Met Not Met Not Met Not Met Solid Waste Condition How will solid waste be handled, dumpster location must be shown and enclosure must be built to Not Met city specifications Traffic Eng Condition Bennett Elbo 562-4775 03/22/2004 1. Include on the site plan a current city standard handicapped sign. Fine must read $255 not Not Met $225.4/21/04 - MET 2. Curb radius for driveway must be a minimum of 28' not 20'.4/21/04 - MET 3. Propoased driveway to be 125' from the existing intersection of N. Fort Harrison and Marshall or provide cross access to adjacent property in order to utilize existing access on Fort Harrision. (Community Developemnt Code Section 3-103 b. c.; Section 3-102.c.3.). JL APPLICANT MUST PROVIDE A LETTER FROM A REGISTERED PROFESSIONAL ENGINEER '7f': TO TRAFFIC OPERATIONS DIVISION REQUESTING THE PROPOSED DRIVEWAY LOCATION AND INDICATING: 1) WHY THE PROPOSED ACCESS/DRIVEWAY IS LOCATED ONLY 50' +/- FROM EXISITING INTERSECTION AND WHY NO OTHER ALTERNATIVE LOCATIONS ARE FEASIBLE? 2) PROVIDE JUSTIFICATION FOR SAFE INGRESS AND EGRESS FOR THE PROPOSED ACCESS POINT. 3/22/04 B_E Provide an accessible path from public sidewalk to buildings entrance. 5. All of the above to be addressed prior to CDB *Traffic Impact Fees to be determined and paid prior to C.O. Zoning Condition Wayne Wells 562-4504 Print Date: 04/21/2004 Page 2 of 4 CaseConditons " FLD2004-02010 503 MARSHALL ST Zoning Condition Wayne Wells 562-4504 04/21/2004 4/21/04 - WW It is unknown whether the dimension is on the site plan or not, as the site plan is too dark and ~ . fuzzy. Ensure the dimension is on the site plan. Revise the site plan, at least Sheet C 2/4, to A' lighten and make less fuzzy. 3/9/04 - WW Provide the dimension from the Marshall Street and North Fort Harrison Avenue property lines to the closest proposed edge of pavement. Dimension from Marshall Street should be 14.81 feet or less (can't be 15 feet due to parking stall width). 04/21/2004 /21/04 - WW Note has been removed from site plan. Put note back on site plan. ,\i. 3/9/04 - WW ?I' Revise Note #1 in the middle of Sheet 1/2 to indicate that the shared parking agreement with the adjacent property owner for the 11 parking spaces has been recorded in OR Book 12480, Pages 323-326. 04/21/2004 21/04 - WW Revise under "Proposed" "Usage" the use from "warehouse & retail sales" to "retail sales." It is my understanding that the second floor will be additional retail display area and storage for the ~ retail business (only one business for both the first and second floors). Revise "Proposed" 7r' "building coverage" and "gross floor area" to add in the additional floor area on the west and the additional floor area on the north. Revise parking calculations due to the additional floor area proposed (most likely more than 17 spaces required). It was my understanding that a parking reduction would be requested to a ratio between 4 and 5 spaces per 1,000 square feet based on a significant portion of the second floor being storage for the business. Revise/provide. 3 /04 - WW Provide a Site Data Table, including "existing," "proposed" and "required" in tabular form. Include land area, dwelling units, building footprint, gross floor area and floor area ratio, number of parking and parking ratio, total paved area (vehicular use area), interior landscape area and percentage of the vehicular use area, building height and impervious surface ratio. 04/21/2004 4/21/04 - WW Site plan does not indicate the 3'x19' addition on the north side, nor is it indicated in the site data. 3/9/04 - WW "* Site plan indicates a three feet by 19 feet indentation on the front of the building facing Marshall Street. However, the building plans on Sheet 2/2 indicate this area is to be filled in for a closet. If such additional floor area is proposed, need to indicate such addition on the site plan and in the site data (assumed to also occur on second floor). This additional area must also be counted toward parking calculations. 04/21/2004 4/21/04 - WW Still need. Important to indicate storage area(s) on second floor, due to parking calculations/parking provided. 3/9/04 - WW Provide a proposed floor plan of each floor, also indicating the number of tenant spaces per floor. 04/21/2004 ra/21/04 & 3/9/04 - WW *"LEnsure on the site plan all trees to be preserved are indicated. 04/21/2004 [4/21/04 & 3/9/04 - WW ~_ Suggest freestanding sign be a monument type, a maximum of six feet high, coordinated with ~ proposed landscaping, located outside of visibility triangles and coordinated with the color and materials of the building. This sign must include the address of the building. 04/21/2004 .. 4/21/04 & 3/9/04 - WW Condition to be suggested as part of staff report to CDB: That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This off-site dumpster shall be upgraded with appropriate building permits to be properly located and screened to meet City requirements prior to the issuance of a Certificate of Print Date: 04/21/2004 Page 3 of 4 Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met CaseCondltons .. FLD2004-02010 503 MARSHALL ST Zoning Condition Wayne Wells 562-4504 Occupancy for this site. 04/21/2004 4/21/04 & 3/9/04 - WW Condition to be suggested as part of staff report to CDS: That all applicable building permits be obtained for all work performed without a permit and receive all final inspections prior to the issuance of a Certificate of Occupancy. 04/21/2004 4/21/04 & 3/9/04 - WW Condition to be suggested as part of staff report to CDS: That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy. 04/21 /2004 ~/21 /04 - WW ~ Include additional floor area in calculations. Provide justification regarding a parking reduction to -".. between 4-5 spaces per 1,000 sf for retail sales only due to storage area on second floor. 9/04 - WW Revise "Parking Notes" on Sheet 1/2 to indicate retail parking at five spaces per 1,000 square feet and office parking at four spaces per 1,000 square feet. The required parking is nine spaces for retail and eight spaces for office (second floor), for a total of 17 spaces. 04/21/2004 4/21/04 & 3/30/04 - WW Comment from CRT: There is an active code enforcement case (CDC2003-00559) dealing with a stop work order for demolition and construction of both floors of the interior of the building without plans, permits or inspections. Print Date: 04/21/2004 Page 4 of 4 Not Met Not Met Not Met Not Met CaseConditons From: Sent: To: Subject: Hashim - Here are the Draft DRC comments (attached) for the April 1, 2004, DRC meeting. The meeting on your case will be heard at 1: 15 pm in the Planning Department conference room (100 South Myrtle Avenue, Clearwater, FL). Call me on Monday to discuss the comments. Thanks. Wayne Wells, Wayne Friday, March 26, 2004 5:56 PM 'hsullaiman@aol.com' Draft DRC Comments for FLD2004-0201 0, 503 Marshall Street ~ drc action agenda 1.1. pdf ., ." 1:15 pm Case Number: FLD2004-0LvlO -- 503 MARSHALL ST Owner(s): 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER, FL 33755 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: HASHIM SULLAIMAN 1504 N GARDEN AVENUE CLEARWATER, FL 33755 TELEPHONE: 813-263-3139, FAX: 813-910-1285, E-MAIL: hsullaiman@ao1.com Location: 0.18 acres located at the southeast comer of North Fort Hamson Avenue and Marshall Street. Atlas Page: 268B Zoning District: C, Commercial Request: Flexible Development approval to permit retail sales and offices within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to four feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: RetaIl sales and services Neighborhood OLD CLEARWATER BAY NEIGHBORHOOD Association(s): CLEARWATER, FL 33755 301 CEDAR STREET TELEPHONE: 461-1995, FAX: No Fax, E-MAIL: vrnorgan@tampabay.rr.com Presenter: Wayne Wells, Senior Planner Attendees Included: CIty Staff: Wayne Wells, Chip Gerlock, Scott RIce, Rick Albee, Joe Colbert ApphcantJRepresentative: Hashim Sallaiman The DRC reviewed this application with the following comments: General Engineering: 1. 1) Need a copy of the recorded amended agreement(s). 2) Handicap access to the second floor? All of the above to be addressed pnor to D.O.. Prior to C.O.: 1) Impact fee for convenience store required. 2) Iffood preparatIon on site, then a reduced pressure backflow preventor device required before fmal inspectIon. Environmental: No Comments Fire: 1 . Plans submitted for Frre Review must reflect adherence to Florida Fire Prevention Code, 2001 Edition and the following Codes: NFP A 101, 2000 EditiOn, NFP A 70, 1999 Edition and Florida Statute 633. Show on a Code Reference Sheet. PRIOR TO BUILDING PERMIT 2 . Beauty Salon is classified as a Busmess use by both Florida Building Code and Florida Frre PreventiOn Code. It is not a merchantile use. Correct all references. PRIOR TO CDB. 3 . If Beauty Salon has a naIl salon mcluded in it, then further restrictions wIll be made due to hazardous chemical use and storage. PRIOR TO BUILDING PERMIT 4 . The sheet 2/2 included With this case wIll requrre several corrections to meet current Fire Code requirements. PRIOR TO BUILDING PERMIT Harbor Master: No Comments Legal: No Comments Development Review Agenda - Thursday, April 1, 2004 - Page 24 " Land Resources: 1 . Show the canopy of the 14" oak tree to remam pnor to CDB. 2. Show root prune lines where grade cuts occur under the canopy of the 14" oak prior to BUIlding pemut. 3 . Show the palm tree to be removed pnor to bUIldmg pemut. Landscaping: 1 . Per Section 3-1204.H. Plants m the SIght triangles must be mstalled in accordance with the reqUIrements in Article 3, Division 9 to minimize traffic hazards. "QV" IS in sight triangle along with plants that wIll grow to interfere with vehicle safety. 2 . Ad a few pond cypress to the retention area as part of the perimeter requirement. 3 . "QV" are too close together, space apart more to allow for growth or change to different tree species. 4 . Relocate the three "CM" to a group locatIOn at the NW corner of the parking out of the sight triangles. 5. Per Section 3-1202.E.2. Foundation plantings shall be provided for 100% ofa building facade WIth frontage along a street right of way, excluding space necessary for buildmg ingress and egress, within a minimum five foot wide landscaped area composed of at least two accent trees (or palm eqUIvalents) or three palms for every 40 hnear feet of building facade and one shrub for every 20 square feet of requITed landscaped area. A minimum of 50% of the area shall contam shrubs with the remainder to be ground cover. Side along Ft. Harrison does not show the reqUIred landscape area. Reduce sidewalk Width to accomodate for this condItIOn. Parks and Recreation: No Comments Stormwater: 1 . 1. Provide stormwater calculatIOns usmg CIty of Clearwater Stormwater DeSIgn Criteria method of calculating storage volume. Please stop by Public Works Administration for copy of cntena. 2. Provide gradmg and drainage plan with onsite proposed grades and elevations. 3. Provide existing topography of the eleven parking spaces, ifflow is to the pond or new pavement IS proposed, this area must be mcluded in calculations. 4. Delineate eXIstmg and proposed drainage basins. 5. Subrrut calculations for pond recovery Within 24 hours. All plans and calculatIons must be signed and sealed by Flonda P.E. Engmeer's name must be clearly pnnted or typed. The above comments must be addressed prior to DRC approval. The follOWing comments shall be addressed prior to building permit: 6. Subrrut SWFWMD pemut. 7. Provide erosion and sedrment dIscharge controls on plan. Solid Waste: 1 . How wIll solId waste be handled, dumpster location must be shown and enclosure must be built to city specIficatIons Traffic Engineering: 1 . 1. Include on the site plan a current CIty standard handIcapped sign. Fme must read $255 not $225. 2. Curb radius for driveway must be a nllDlmum of28' not 20'. 3. Dnveway must be 120' from an intersection or provIde cross access to adjacent proerty in order to utIlize existing access on Fort HamSIOn. (Community Developemnt Code SectIOn 3-103 b. c.; SectIOn 3-102.c.3.). 4. Provide an accessible path from publIc sidewalk to buildings entrance. 5. All of the above to be addressed pnor to CDB *Traffic Impact Fees to be determined and paid prior to C.O. Planning: Development Review Agenda - Thursday, Apnll, 2004 - Page 25 t 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Need a signed afhuavit from 1504 Garden Inc. (signed by President, VIce President, etc.) giving Hashim Sullaiman authorizatIon to be the agent for this owner. Revise the parcel number on the apphcation to 9/29/15/55530/000/0100. Provide a separate landscape plan. The ClVll SIte Plan on Sheet 1/2 is too busy with mformation to read properly. ProvIde the drmensIOn from the Marshall Street and North Fort Harrison Avenue property lines to the closest proposed edge of pavement. Drmension from Marshall Street should be 14.81 feet or less (can't be 15 feet due to parking stall Wldth). Ensure surveys are included WIth the resubnuttal. Provide a location map of the subject property. Remove from the left side of Sheet 1/2 the parking angle diagram, parkmg table and A - F designatIons. These are unnecessary information on the sheet, since all proposed parking is 90 degrees. Provide the width of the standard parkmg spaces on-site (Code requires nine feet wide spaces). ReVIse Note #1 in the middle of Sheet 1/2 to mdicate that the shared parking agreement with the adjacent property owner for the 11 parkmg spaces has been recorded in OR Book 12480, Pages 323-326. ProvIde a copy of the recorded Addendum to Access, Egress and Usage Agreement. Add the OR Book and Page to Note #1 (see Comment #9 above). Application states parcel size to be 7,720 square feet, yet Sheet 1/2 (under DemolitIon Site Plan) states 7,855 square feet. Which is correct? Revise incorrect parcel SlZe. Provide a Site Data Table, mcludmg "existing," "proposed" and "required" in tabular form. Include land area, dwelling units, bUlldmg footprint, gross floor area and floor area ratio, number of parking and parking ratio, total paved area (vehicular use area), interior landscape area and percentage of the vehIcular use area, buIlding heIght and impervious surface ratio. 13. SIte plan indicates a three feet by 19 feet mdentation on the front of the buIlding facing Marshall Street. However, the buildmg plans on Sheet 2/2 indicate this area IS to be filled m for a closet. If such additional floor area is proposed, need to mdlcate such additIon on the site plan and in the SIte data (assumed to also occur on second floor). ThIS addItIonal area must also be counted toward parkmg calculatIOns. 14. Show on the site plan or on a separate utIhty plan all existing utIlitIes (above ground and underground), including fire hydrants, storm and sanitary sewer lmes, manholes and lift stations, gas and water hnes. 15. Unclear If "Land Resource Note" on left SIde of Sheet 1/2 is vahd with thIS submission. If not, remove note. ThIS is possibly unclear due to too much detail on the SIte plan (see comment #3). 16. Show locatIOn of all outdoor lightmg fixtures. If to be located solely on the building, please place a note on Sheet 1/2. 17. ProVIde a proposed floor plan of each floor, also indicatmg the number of tenant spaces per floor. 18. Ensure on the site plan all trees to be preserved are indIcated. 19. ProVIde typIcal planting details for trees, palms, shrubs and ground cover plants, including mstructions, soIl nuxes, backfilling, mulching and protective measures. 20. ProVIde lITigation notes. 21. SIte plan mdlcates for "Landscape Plan" notes in the bottom left comer of Sheet 1/2 that there IS a Phase 1 and Phase 2. Different than prior proposals, unclear If thIS still part of the proposal. 22. Indicate exterior fmlsh matenal and color on buildmg elevations. Provide south and east building elevations (fmlshed structure). Provide paint samples of proposed extenor colors of building. 23. Provide 8.5 x 11 mch colored renderings of SIte and landscape plans and buildmg elevations for presentation purposes at the Community Development Board (CDB) meeting. 24. Suggest freestanding sign be a monument type, a maximum of six feet high, coordinated with proposed landscaping, located outSIde of VIsibility triangles and coordinated with the color and matenals of the bUlldmg. ThIS SIgn must include the address of the buildmg. 25. CondItion to be suggested as part of staff report to CDB: That tills SIte share the dumpster on the property to the east, through appropriate agreements Wlth the City and the abutting property owner. This off-SIte dumpster shall be upgraded with appropriate building permits to be properly located and screened to meet City requirements pnor to the Issuance of a CertIficate of Occupancy for tills SIte. 26. CondItIon to be suggested as part of staff report to CDB: That all applicable bUlldmg perrmts be obtained for all work performed without a perrmt and receive all final inspections pnor to the issuance of a Certificate of Occupancy. Development ReVIew Agenda - Thursday, April 1 , 2004 - Page 26 . ,. 27. Condition to be suggested as part of staff report to CDB: That all appropriate permits be obtained to upgrade parkmg on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy. 28. Condition to be suggested as part of staff report to CDB: That usage of the second floor be lunited to offices, or uses of a snndar parking requirement. 29. Revise "Parking Notes" on Sheet 1/2 to indicate retail parkmg at five spaces per 1,000 square feet and office parking at four spaces per 1,000 square feet. The required parking is nine spaces for retail and eight spaces for office (second floor), for a total of 17 spaces. 30. Will need to revise application and fill out the Comprehensive Infill Redevelopment Project form. Need to request a reduction to the front (north) setback from 25 feet to 14 feet (to pavement). This is due to four parkIng spaces at nine feet wide each (total of36 feet) and the lot WIdth of 50.81 feet (50.81 - 36 = 14.81 feet; not 15 feet). Other: No Comments Development ReVIew Agenda - Thursday, April 1 , 2004 - Page 27 From: Sent: To: Subject: Hashim - Attached is the Complete Letter for your request. Call me regarding the sufficiency comments, especially Comment #1. I am sending the original. You may want to get this letter to your engineer. Thanks. Wayne Wells, Wayne Thursday, March 18, 2004 10:38 AM 'hsullaiman@aol.com' Complete letter for FLD2004-02010, 503 Marshall Street ~ o Marshall 503 Complete Letter.d... ~ .(\~~ ~~fij"~~\ ~f:;&~.<,\ 1'm,r;,Tl ~.. ~C"3,- _ - ~ tJ ~Io\ ""II""::' =-- ~~ ~'rt'~ ~ t'! ~~J?~ .;~~ ~rIA";; 11'~~\\ ""~.41E~,' ..1~ '~<rnl." CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRnE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 March 9,2004 Mr. HashIm Sullaiman 1504 Garden, Inc. 1504 N. Garden Avenue Clearwater, FL 33755 Re: Flexible Development approval to permit retaIl sales and offices within an eXIsting two story commercial building wIth a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 15 feet (to pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to pavement), reductions to the SIde (south) setback from 10 feet to one-foot (to existing and proposed buildIng) and from 10 feet to zero feet (to pavement), under the provisions of Section 2-704.N, and a reduction to the landscape buffer along the south property lIne from five feet to zero feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G (Case FLD2004-0201O, 503 Marshall Street). Dear Mr. SullaIman: The Planning staff has reviewed your applIcation for FlexIble Development approval as referenced above for the property at 503 Marshall Street. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee will review the application for sufficiency on April 1, 2004, In the PlannIng Department conference room - Room 216 - on the second floor of the Municipal Services Building, 100 South Myrtle Avenue, in Clearwater. Please call Angel Haines at 562-4579 no earlier than one week prior to the meetIng date for the approximate time that your case will be reviewed. You or a representative must be present to answer any questions that the committee may have regarding your applicatIon. WhIle not part of a completeness review, I have prOVIded preliminary information about the sufficiency of the application. The Development Review CommIttee (DRC), prior to or at the DRC meeting, will prOVIde more comments. General comments related to the sufficiency of the applicatIon: 1. Need a signed affidaVIt from 1504 Garden Inc. (signed by PreSIdent, VIce PreSIdent, etc.) giving Hashim Sullaiman authorization to be the agent for this owner. 2. Revise the parcel number on the application to 9/29/15/55530/000/0100. 3. Provide a separate landscape plan. The CIVIl Site Plan on Sheet 1/2 IS too busy with information to read properly. BRIAN J AUNGST, MAYOR-COMMISSIONER HoY! HAMILl ON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMIS~IONER FRANK HIBBARD, COMMISSIONER * BIILJON~ON, COMMloolONER "EQUAL EMPLOYMENT AND AFFIRMAllVE ACIION EMPLOYER" March 9, 2004 Sullalman - Page 2 4. ProvIde the dImension from the Marshall Street and North Fort Hamson Avenue property lines to the closest proposed edge of pavement. 5. Ensure surveys are included with the resubmittal. 6. Provide a locatIOn map of the subject property. 7. Remove from the left side of Sheet 1/2 the parking angle diagram, parking table and A - F designatIons. These are unnecessary mformatIOn on the sheet, since all proposed parkmg is 90 degrees. 8. Provide the width of the standard parking spaces on-site (Code reqUlres nine feet wide spaces). 9. ReVIse Note #1 in the middle of Sheet 1/2 to indicate that the shared parkmg agreement with the adjacent property owner for the 11 parking spaces has been recorded in OR Book 12480, Pages 323-326. 10. Provide a copy of the recorded Addendum to Access, Egress and Usage Agreement. Add the OR Book and Page to Note #1 (see Comment #9 above). 11. Application states parcel size to be 7,720 square feet, yet Sheet 1/2 (under Demolition SIte Plan) states 7,855 square feet. Which is correct? Revise incorrect parcel size. 12. ProvIde a Site Data Table, including "existing," "proposed" and "required" in tabular form. Include land area, dwelling units, bUlldmg footprint, gross floor area and floor area ratio, number of park1ng and parkmg ratio, total paved area (vehicular use area), interior landscape area and percentage of the vehicular use area, building height and impervious surface ratio. 13. Site plan mdicates a three feet by 19 feet indentation on the front of the building facing Marshall Street. However, the building plans on Sheet 2/2 indicate this area is to be filled in for a closet. If such addItIonal floor area is proposed, need to indIcate such addition on the SIte plan and in the SIte data (assumed to also occur on second floor). This additional area must also be counted toward parking calculations. 14. Show on the site plan or on a separate utility plan all existing utilities (above ground and underground), including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines. 15. Unclear if "Land Resource Note" on left side of Sheet 1/2 is valid with this submission. If not, remove note. This IS possibly unclear due to too much detail on the site plan (see comment #3). 16. Show location of all outdoor hghtIng fixtures. If to be located solely on the building, please place a note on Sheet 1/2. 17. Provide a proposed floor plan of each floor, also indIcating the number of tenant spaces per floor. 18. Ensure on the site plan all trees to be preserved are indicated. 19. Provide typical planting details for trees, palms, shrubs and ground cover plants, including instructIOns, SOlI mixes, backfilling, mulching and protective measures. 20. PrOVIde irrigatIon notes. 21. Site plan mdlcates for "Landscape Plan" notes m the bottom left comer of Sheet 1/2 that there is a Phase 1 and Phase 2. Different than prior proposals, unclear if this still part of the proposal. 22. Indicate exterior finish material and color on bullding elevations. Provide south and east bullding elevatIons (finished structure). Provide paint samples of proposed exterior colors ofbUlldmg. 23. Provide 8.5 x 11 mch colored renderings of site and landscape plans and bUllding elevatIons for presentation purposes at the Commumty Development Board (CDB) meeting. 24. Suggest freestanding sign be a monument type, a maximum of six feet high, coordinated with proposed landscaping, located outside of viSIbility triangles and coordmated with the color and materials of the building. This sign must include the address of the bullding. 25. Revise "Parking Notes" on Sheet 1/2 to indicate retail parking at five spaces per 1,000 square feet and office parking at four spaces per 1,000 square feet. The required park1ng is nine spaces for retaIl and eIght spaces for office (second floor), for a total of 17 spaces. 0, 't March 9,2004 Sullalman - Page 3 26. Condition to be suggested as part of staff report to CDB: That thIS site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This dumpster shall be upgraded with appropriate building permits to be properly located and screened to meet City requirements pnor to the issuance of a Certificate of Occupancy for this site. 27. CondItion to be suggested as part of staff report to CDB: That all applicable building permIts be obtamed for all work performed without a permit and receive all final inspections prior to the issuance ofa Certificate of Occupancy. 28. Condition to be suggested as part of staff report to CDB: That all appropriate permits be obtained to upgrade parkmg on the parcel to the south and all work be completed and inspected prior to the issuance of a CertIficate of Occupancy. 29. Condition to be suggested as part of staff report to CDB: That usage of the second floor be limited to offices, or uses of a similar parking reqUIrement. Any responses to the above comments may be helpful at the DRC meeting, but additional comments will be provided at the DRC meeting. The above comments and comments you WIll receive at the DRC meeting must be addressed and revised documents submitted to the Planning Department by noon on Apn115, 2004 (15 copies of all submittals). If you have any questions, please do not hesitate to call me at 727-562-4504. You can access zoning informatIOn for parcels within the City through our website: www.myclearwater.com/gov/depts/olanning. *Make us your favorite! Smcerely, ~~ :1;/~ Senior Planner \IMS5cIPDSIPlanmng DepartmentlC D BlFLEX1Pending cases I Up for the next DRCIMarshal/ 503 Garden Avenue Complex (C)\Marshal/503 Complete Leller doc .. _ ... l~ ;cie!arwater - u FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE. CLEARW A TER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ~ <^-~~ \ ~ S'--0 \ \ P(, ~""'- FAX: . ~ \ ~.- '" \u- \2- ~S Phone: CO \ '3 - 2-. \0 ~ - 3 ,~ CJ FROM: \;) q..A,\~ ~!\\'S DATE:~ 3J Phone:~ 7 L 7 - 'S" \0 L..~O 4- RE: FLD~~4- 0'-0' Q SO ~ M~~r~ W\ S..}.. ~\e.~ L~\\-V" ~Ju\- ~ ~~ ~ ~,11.,) . ~ 0r-'i~\ \~ MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE)+. " .... '::B I[i I t j[; F.'EF'[]F'T Mar. 18 2004 01:56PM YOUR LOGO YOUR FAX NO. Clt~OfClearwater-Plan Dept 727 562 4865 NO. OTHER FACSIMILE 01 98139101285 START TIME USAGE TIME MODE PAGES RESULT Mar. 18 01:53PM 03'14 SND 04 OK TO TURN OFF REPORT, PRESS 'MBIU' tt04. THEN SELECT OFF BY US I t-I3 '+' OR '-'. FOR FRX ADVI=lNTI=IGE ASS I STANCE, PLEASE CALL 1-800-HEI...P-FRX (435- 7329) . ~ ORIGiNAL MEMORANDUM DATE: January 13,2005 FROM: Community Development Board Members Wayne M. Wells, Planner III W ~ TO: RE: FLD2004-02010, 503 Marshall Street Upon further review by t,he City's Legal Department and discussion with the Planning Department, the current recorded shared parking agreement is acceptable. The concern still remains as to the future situation when the parking on the adjacent parcel becomes unavailable to the applicant. The City has not to-date had to enforce on a condition of approval imposed by the Community Development Board on the approval of a case. Based on this new circumstance, the following revised conditions are submitted for your consideration for this application: Conditions of Approval: 1. That the applicant apply for City building permits for after-the-fact interior renovations, building additions and site improvements by March 19,2005 November 22,2004. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause enforcement action to be initiated again; 2. That use of the building be for ,retail sales and services, or uses ''lith a similar or lesser parking requirement, '.vith a significant amount of storage area. The applicant shall indicate all storage areas on the building plans to be submitted and revise the site data table on 8heet C 1/6 to ensure reqaired parking is heing proyided; 3. That the site and landscape plans be amended prior to the issuance of any building permits to show the following: a. as part of the site data, that a recorded shared parking agreement exists on the adjacent property to the south for 11 parking spaces; b. revised landscape plans addressing overall landscape requirements, including showing the canopy of the 14-inch oak tree to be preserved, irrigation, visibility triangles and foundation landscaping, to the satisfaction of the Planning Department; c. provide existing topography of the eleven parking spaces in order to provide assurance that project will not block offsite flow nor will unaccounted surface waters contribute to system; d. delineate existing and proposed drainage basins on construction plans; e. provide evidence of proper notification to the original engineer in accordance with F.A.C. 61G15-27.001; f. provide erosion and sediment discharge controls on plans; '" January 13, 2005 Memorandum - Page 2 4. That the final design of the building be consistent with the conceptual elevations submitted, or as modified by the CDB; 5. That the site be limited to one monument sign, at a maximum height of six feet, located outside of visibility triangles, containing the site address and be coordinated/consistent with the color and materials of the building; 6. That the owner/applicant immediately notify the City's Planning Department in writing in the event parking on the adjacent property to the south becomes unavailable for use by the subject property. The owner/applicant of the subject property shall obtain required parking on other property(ies) acceptable to the Planning Department through the recording of a shared parking agreement(s). Failure to provide the required number of parking spaces for the subject property shall be a violation of this approval and shall be subject to remedies available to the City. including the revocation of occupationallicense( s ); 7. That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy for this site; 8. That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This off-site dumpster shall be upgraded with appropriate building permits and be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site; and 9. That, prior to the issuance of a Certificate of Occupancy, Traffic Impact Fees be determined and paid. S:IPlanning DepartmentlC D BIFLEX (FLD)IPending caseslUp for the next CDBIMarshall 0503 Garden Avenue Complex (C) 1.18.05 CDB- WWlMemorandum re revised conditions 1.13.05.doc -:; Wells, Wayne From: Sent: To: Subject: Dougall-Sides, Leslie Wednesday, January 12, 2005 3:08 PM Wells, Wayne RE: FLD2004-02010, 503 Marshall Street Sounds goodl -----Onglnal Message----" From: Wells, Wayne Sent: Wednesday, January 12, 2005 2:23 PM To: Dougall-Sides, Leslie Cc: Gerlock, Chip Subject: FLD2004-02010, 503 Marshall Street Leslie - Based on our discussion, how does this revised language for condition #6 sound? 6. That the owner/applicant immediatelv notify the City's PlanninQ Department in writinq in the event parkinQ on the adiacent property to the south becomes unavailable for use bv the subiect property. The owner/applicant of the subiect property shall obtain required parkinQ on other propertv(ies) acceptable to the PlanninQ Department throuQh the recordinQ of a shared parkinQ aQreement(s). Failure to provide the required number of parkinQ spaces for the s.ubiect property shall be a violation of this approval and shall be subiect to remedies available to the City, includinq the revocation of occupationallicense(s); If acceptable (or with modification by you), I will present a memorandum to the COB on Tuesday with the revised .conditions for their consideration. Wayne 1 Wells, Wayne From: Sent: To: Subject: Gerlock, Chip Tuesday, January 11, 2005 10:03 AM Wells, Wayne FW' FLD2004-02010, 503 Marshall Street - January 18th CDB meeting yeah! -----Onglnal Message----- From: Dougall-Sides, Leslie Sent: Tuesday, January 11, 20058:56 AM To: Gerlock, Chip Subject: RE: FLD2004-02010, 503 Marshall Street - January 18th CDS meeting After reviewing the new agreement, I think it is in line with what we have accepted in the past and therefore would recommend approval with the agreement in place with no further conditions. -----Onglnal Message----- From: Gerlock, Chip Sent: Monday, January 03, 2005 8:40 AM To: Dougall-Sides, Leslie Subject: FW: FLD2004-02010, 503 Marshall Street - January 18th CDS meeting Leslie, Could you please review the attached request from Wayne and give us your opinion. thakns chip -----Onglnal Message----- From: Wells, Wayne Sent: Thursday, December 30, 2004 5:45 PM To: Gerlock, Chip Subject: FLD2004-02010, 503 Marshall Street - January 18th CDS meeting Chip - I am asking for a legal opinion regarding the fOllowing for the above case: I have sent to Leslie Dougall-Sides through interoffice mail the shared parking agreement the owner/applicant of the above project has with the property owner to the south (Billlrle). This case was originally in front of the CDS on September 21, 2004, and is scheduled for their January 18, 2005, meeting. Leslie previously voiced concerns regarding the legality of the shared parking agreement at the September 2004 COB meeting. The owner/applicant desires, based on what he heard at the September 2004 CDB meeting, to move forward back to the CDB with the ability for the approval of the application to be conditioned on the ceasing of business operation, should the use of the spaces on the property to the south be rescinded by the adjacent property owner (Irle), until sufficient new off-site parking is secured through legal arrangement. Could you forward this to Leslie asking her to take another look at the shared parking agreement with Irle and, in conjunction with the above potential conditioning of approval, and let me know if the conditioning of the approval of the application is possible, and if so, any potential language for the condition? Thanks - Wayne 1 CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Address: January 18, 2005 FLD2004-020 1 0 E1 1504 Garden Inc. Mr. Hashim Sullaiman 503 Marshall Street ORIGINAL CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT UPDATE: At their meeting on September 21, 2004, the Community Development Board continued this request to their October 19, 2004, meeting. Issues identified by the CDB were the proposed architecture and color of the building and that the shared parking agreement was insufficient to provide the required parking should the shared parking agreement be dissolved. At the request of the applicant, the CDB continued this request to their November 16, 2004, meeting. The CDB granted a continuance to the December 14, 2004, meeting to allow the applicant to resolve parking concerns. In order to resolve parking concerns, the applicant will be resubmitting plans to go back to the CDB on January 18, 2005, and is therefore requesting a continuance to that meeting (see attached letter). For this January 18, 2005, Staff Report, revised language is shown as underlined for added language and strike through for deleted language. GENERAL INFORMATION: REQUEST: Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to five +4 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), and reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required ,parking from fhe to 4.5 spaces per 1,000 square foot, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer along the north property line from 10 feet to five feet, a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as Staff Report - Community Development Board - January 18, 2005 Case FLD2004-02010 - Page 1 of 8 EXISTING ZONING/ LAND USE: PROPERTY SIZE: PROPERTY USE: ADJACENT ZONING/ LAND USES: CHARACTER OF THE IMMEDIATE VICINITY: part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Commercial (C) District; Commercial General (CG) Category 0.18 acres; 7,720 square feet Current Use: Vacant two-story commercial building and attached dwellings (duplex) Proposed Use: Retail sales and services within the two-story building North: Commercial District; Retail sales and services East: Commercial District; Retail sales and services South: Commercial District; Restaurant West: Commercial District; Attached dwellings Nonresidential uses (retail sales and services, restaurant and offices), as well as attached dwellings dominate this area of Marshall Street and along North Ft. Harrison Avenue. Detached dwellings otherwise dominate the surrounding area beyond this commercial node. ANALYSIS: Site Location and Existing Conditions: The subject 0.18-acre parcel is located at the southeast comer of Marshall Street and North Ft. Harrison Avenue. The property is currently developed with a two-story commercial building (presently vacant) on the eastern portion of the site and an attached dwelling bu~lding (duplex - presently vacant) on the western portion of the site. The only parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street. Proposal: The proposal is to demolish the duplex residential building on the western portion of the site in order to provide for the construction of a parking lot for eight s* parking spaces and to improve the existing two-story commercial building for a-retail sales and service use~. All existing parking spaces that require vehicles to back into Marshall Street will be removed and converted to a landscaped area. A retention pond is proposed within the landscape buffer area adjacent to North Ft. Harrison Avenue. Two small additions to the two-story commercial building are proposed, one on the north side (approximately three feet by 19 feet) and one on the west side (approximately seven feet by 30 feet). The applicant has a recorded shared parking agreement with the property to the south (currently a closed restaurant) for 11 parking spaces to provide for required parking. This off-site adjacent parking area is proposed to be upgraded prior to the issuance of the Certificate of Occupancy for the subject building. Staff Report - Community Development Board - January 18, 2005 Case FLD2004-020 1 0 - Page 2 of 8 As stated above, the northern building addition will help square off the building's northern fa<;ade for both floors. The western building addition will provide for a new first-floor building entry and provide for a required secondary egress for the second floor. The fa<;ade of the building will be improved and modernized through these building additions. The building will be painted an off white or sand yellow eelef-with white or contrasting columns or pilasters and forest green trim. The new western first-floor entry and the proposed stairway to the second floor will be improved with a forest green canvas awning. With the demolition of the duplex on the western portion of the site and the construction of the parking lot, the visual appeal of the site will be greatly enhanced through complete landscaping of the site. Perimeter buffers are proposed along both street frontages, where none exist today. In order for the site to work, the applicant is requesting a number of reductions from the development standards of the Code. This site has been developed for a long period of time in its current configuration. The parcel is only 7,720 square feet in area and has only 50.81 feet of lot width along North Ft. Harrison Avenue, whereas the Code requires 10,000 square feet of lot area and a lot width of 100 feet for retail sales and service uses. These reductions are minimized due to the location of the existing two-story building on the extreme eastern portion of the site and the shared parking agreement for 11 parking spaces on the lot adjacent to the south. The applicant is requesting a reduction to the front (north along Marshall Street) setback from 25 feet to 19 feet (to the existing and proposed building). The existing two-story building is nonconforming to required front and side setbacks. Code nonconformity provisions require additions to meet the required Code setbacks, unless reductions are approved through appropriate procedures. The additions are necessary to provide functionality for the building and to square off the building's fa<;ade. The applicant is proposing a reduction to the front (west) setback along North Ft. Harrison Avenue from 25 feet to 15 feet (to the proposed pavement). Along this portion of North Ft. Harrison Avenue there do exist buildings and pavement closer to the front property line. This proposed setback to pavement provides sufficient area for site beautification, while still providing for other required site improvements. In order to construct the on-site parking lot to meet Code numerical and dimensional standards, and since the lot is only 50.81 feet wide (north/south dimension), the proposal now includes a reduction to the landscape buffer along Marshall Street from 10 feet to five feet applicant has proposed to provide as much landscape area adjacent to Marshall Street as possible, while still minimizing the landscape buffer along the south property line. ,^..s sueh, the applicant is requesting a reduction to the front setback adjacent to Marshall Street from 25 f'0et to 11 feet (actually 14.81 feet to the proposed pavement). Much like the proposed front setback reduction for the building additions, the same nonconforming provisions of the Code apply to the building addition adjacent to the south property line. The existing building is approximately one- foot from the south property line. The applicant is requesting to reduce the side (south) setback from 10 feet to one-foot in order to construct the western building addition. The applicant is also requesting a reduction to the required setback and perimeter buffer along the south property line to zero feet to construct the proposed parking lot. In order to construct the addition as proposed and the parking lot, while providing for required handicap accessibility for the parking lot, into the building and to access the proposed public sidewalk in the Marshall Street right-of-way, the applicant is requesting to reduce the required foundation landscape area adjacent to the western Staff Report - Commumty Development Board - January 18,2005 Case FLD2004-02010 - Page 3 of 8 portion of the building from five feet to 3.75 feet. In light of all other landscape improvements to the site, this proposed reduction is minimal and will still provide adequate planting area. Finally, the applicant is requesting a reduction to required parking from five to 4.5 spaces per 1,000 square feet. Code criteria provide that the use of significant portions of the building will be used f-or storage or other non parking demand generating purposes. The applicant plans to have large storage areas on the second floor. The applicant has added two parking spaces adiacent to Marshall Street. which eliminates the need for a parking reduction (assuming the shared parking agreement is sufficient). At the CDB meeting in September 2004, the Assistant City Attorney raised concern with the sufficiency of the shared parking agreement. The applicant has voiced to the Planning Department the desire to include a condition of approval where use of at least the second floor would "cease operation" should parking on the adiacent parcel be removed or revoked by that property owner. This type of condition has not been placed on the approval of other past proiects. Such a condition would be difficult to perceive the loss of the parking spaces and also difficult to enforce requiring a business to cease operation until required parking is provided elsewhere. Therefore, it is more prudent to require a new shared parking agreement. acceptable to the City's Legal Department. be recorded prior to the issuance of any permits. The applicant is proposing a monument-style sign a maximum of six-feet high near the intersection of Marshall Street and North Ft. Harrison Avenue. Use of a dumpster on the adjacent parcel to the east is proposed through appropriate agreements with the City and the abutting property owner. This off-site dumpster will need to be upgraded with appropriate building permits and be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site. Site and landscape plans will need to be amended prior to the issuance of any building permits addressing ce!iain zoning, landscaping and engineering requirements. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2- 704.C) have been met. Code Enforcement Analysis: There is an active code enforcement case (CDC2003-00559) dealing with a stop work order for the demolition and construction of both floors of the interior of the eastern two-story commercial building without plans, permits or inspections. Staff Report - Community Development Board - January 18, 2005 Case FLD2004-020 1 0 - Page 4 of 8 COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-701.1 and 2-704): STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM FLOOR 0.49 X AREA RATIO (FAR) (0.55) IMPERVIOUS 0.67~ X SURFACE RATIO (ISR) (0.95 maximum) LOT AREA (5,000 - 7,720 square feet (nonconformmg) X* 10,000 square feet minimum) LOT WIDTH (50 - 100 Marshall Street: 150 feet X* feet minimum) N. Ft. Hamson Avenue: 50.81 feet FRONT SETBACK Marshall Street: 19 feet (to building); five X* (15 - 25 feet) -l4 feet (to pavement) N. Ft. Harrison Avenue: 15 feet (to pavement) REAR SETBACK (10 - N/ A (comer lots have two front and two X 20 feet) SIde setbacks) SIDE SETBACK (0 - 10 East: zero feet (to eXIstmg building) X* feet) South: one-foot (to eXIsting and proposed bUIldmg); zero feet (to proposed pavement) HEIGHT (25 - 50 feet) 20.58 feet (to roof deck) X PARKING SPACES 19 17 (1.53 spaoes per 1,000 square feet) X* ~ (four - five spaces per ** 1,000 square feet) (15-19 spaces required) *See discussion for reductions under Analysis. ** A shared parking agreement with the adjacent property owner for 11 parking spaces has been recorded in OR Book 12480, Pages 323-326. Staff Report - CommunIty Development Board - January 18, 2005 Case FLD2004-020 1 0 - Page 5 of 8 COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-704.C): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for X development is otherwise impractical without deviations from the use, intensity and development standards. 2. The development of the parcel. proposed for development as a X Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. 3. The uses within the Comprehensive Infill Redevelopment Project are X otherwise permitted in the City of Clearwater. 4. The use or mIX of uses wi thin the Comprehensive Infill X Redevelopment Proiect is compatible with adiacent land uses. 5. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed Comprehensive Infill Redevelopment X 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. 7. Flexibility in regard to lot width, required setbacks, height and off- X 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. 8. Adequate off-street parking in the immediate vicinity according to the X 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. COMPLIANCE WITH GENERAL STANDARDS Section 3-913 : Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, covera e, dens it and character of ad' acent ro erties. Development will not hinder or discourage development and use of ad' acent land and buildin s or si ificantl im air the value thereof. Development will not adversely affect the health or safety of persons residin or workin in the nei hborhood. Develo ment is desi ed to minimize traffic con estion. Development is consistent with the community character of the immediate vicinit . Design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on ad'acent ro erties. X X 2. X 3. X 4. 5, X X 6. Staff Report - Commuruty Development Board - January 18, 2005 Case FLD2004-02010 - Page 6 of 8 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on April 1, 2004. The Planning Department recommends APPROVAL of the Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to five +4 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement);- and reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from fiye to 1.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, 'under the provisions of Section 2-704. C, and a reduction to the landscape buffer along the north property line from 10 feet to five feet. a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, for the site at 503 Marshall Street, 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 Comprehensive Landscape Program criteria per Section 3-1202.G. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. That the applicant apply for City building permits for after-the-fact interior renovations, building additions and site improvements by March 19, 2005 November 22,2001. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause enforcement action to be initiated again; 2. That use of the building be for retail sales and services, or uses ''lith a similar or lesser parking requirement, '.vith a significant amount of storage area. The applicant shall indicate all storage areas on the building plans to be submitted and revise the site data table on Sheet C 1/6 to ensure required parking is being provided; 3. That the site and landscape plans be amended prior to the issuance of any building permits to show the following: . a. as part of the site data, that a recorded shared parking agreement exists on the adjacent property to the south for 11 parking spaces; b. revised landscape plans addressing overall landscape requirements, including showing the canopy of the 14-inch oak tree to be preserved, irrigation, visibility triangles and foundation landscaping, to the satisfaction of the Planning Department; Staff Report - Community Development Board - January 18, 2005 Case FLD2004-020 1 0 - Page 7 of 8 c. provide existing topography of the eleven parking spaces in order to provide assurance that project will not block offsite flow nor will unaccounted surface waters contribute to system; d. delineate existing and proposed drainage basins on construction plans; e. provide evidence of proper notification to the original engineer in accordance with F.A.C. 61G15-27.001; f. provide erosion and sediment discharge controls on plans; 4. That the final design of the building be consistent with the conceptual elevations submitted, or as modified by the CDB; 5. That the site be limited to one monument sign, at a maximum height of six feet, located outside of visibility triangles, containing the site address and be coordinated/consistent with the color and materials of the building; 6. That. prior to the issuance of any permits. a revised shared parking agreement. acceptable to the City's Legal Department. with the property owner to the south be recorded, with a COpy of the recorded agreement provided to the Planning Department; 7. That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy for this site; 8. That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This off-site dumpster shall be upgraded with appropriate building permits and be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site; and 9. That, prior to the issuance of a Certificate of Occupancy, Traffic Impact Fees be determined and paid. Prepared by: Planning Department Staff: M ATTACHMENTS: Location Map Aerial Photograph of Site and Vicinity Zoning Atlas Map Surrounding Existing Uses Map Photographs of Site and Vicinity Application S \Planmng DepartmentlC D B\FLEX (FLD)\Pendmg cases \ Up for the next CDB\Marshall 0503 Garden Avenue Complex (C) 1.18.05 CDB - WW\Marshall 503 Staff Report for 1.1 805 CDB doc Staff Report - Conunumty Development Board - January 18, 2005 Case FLD2004-02010 - Page 8 of 8 PROJECT SITE ~-~~ ~ ~r:l 10 Ir II ~ ~ ~aDR_ sr I Location Map Owner: 1504 Garden Inc. Case: Site: 503 Marshall Street Property Size (Acres) : FLD2004-020 1 0 0.177 PIN: 09-29-15-55530-000-0100 Atlas Page: 268B Aerial Map Owner: 1504 Garden Inc. I Case: Property Size(Acres) : FLD2004-020 10 Site: 503 Marshall Street 0.177 PIN: 09-29-15-5553~OOO-OlOO A tlas Page: 268B \> 1604 "t.._1 I, .J. ;t -m L,oe _'9-' I I J ...J 'I J , " , 1 I i!. ,-,-, ___I ---I I I /,......_-, I I , .. I , i I I ' I I I ' ..J / / /" ~~'BI -./ 14031- l I 1 I 1 1401l4. 1 1 I L___J L__-_-_-_-:_____-_-_-_-_7 ,--, ---7 ---7 , , / I I I' I 1307 I / I I I , I I 'I I , I I I I , ,'130:/ II / / I I I I , , I I L _J I I Zoning Map Owner: 1504 Garden Inc. I Case: Property Size(Acres): FLD2004-020 10 Site: 503 Marshall Street 0.177 PIN: 09-29-15-55530-000-0100 A tlas Page: 268B ,() 1604 ......-1 'I J. ~ -m L,'l!> _'9-1 s [=-__-:_-_-_______-_-_7 r-' r-7 '--7 / / 1307'/ "/ , I' ", , , ", '1305/' //, I " ", r'LJ" 1306 I ~ -"13"6.. Existing Surrounding Uses Map Owner: 1504 Garden Inc. Case: FLD2004-020 10 Site: 503 Marshall Street Property Size(Acres): 0.177 PIN: 09-29-15-55530-000-0100 A tlas Page: 268B - - ------=:l ,,1':# --. ~ I ~" -'- -- - -- --- .- ' . - - --=--, 1,ro"",,,,^-,,, -,;:' ~ View looking south at subject building (to remain) '''''~'':;''''::;'!!:Jf;Y-: View looking southeast at subject property from intersection of Marshall S1. & N. F1. Harrison .... .. ~ ~ -;,~~:'" -~:--. View looking northeast at south side of subject property (building on left to be demolished) 503 Marshall Street FLD2004-020 1 0 . - View looking southeast at subject building (to remain) , __ o,_-,,-.J - ---- -~ .:c;- .- l .' - ".- - .J View looking east at subject property (building to be demolished) ~. "'----- 1;;_ ." .- .:-- View looking southeast at adjacent development to south on east sidelofN. F1. Harrison Page 1 of 2 View looking south at convenience store to east of subject property . "" _~,F i:' ., -'. ~'~~ .t;', ""'-", '*"- View looking north at development on north side of Marshall Street View looking at development on northwest comer from intersection of Marshall St. & N. Ft. Harrison 503 Marshall Street FLD2004-020 1 0 View looking at development on southwest comer from intersection of Marshall 81. & N. Ft. Harrison ~ -.. I View looking at development on northeast comer from intersection of Marshall 81. & N. Ft. Harrison Page 2 of 2 Wells, Wayne From: Sent: To: Cc: Subject: Dougall-Sides, Leslie Monday, January 03, 2005 9:05 AM Gerlock, Chip Wells, Wayne RE: FLD2004-02010, 503 Marshall Street - January 18th CDB meeting I haven't yet received the interoffice mall package. Will take a look at it when I receive. Preliminary thought: I don't recall the City In the past agreeing to "ceasing of business operations" upon failure of parking. It would be difficult to perceive the loss of the spaces and also to enforce that the business would close. -----Onglnal Messageum From: Gerlock, Chip Sent: Monday, January 03, 2005 8:40 AM To: Dougall-Sides, Leslie Subject: FW: FLD2004-02010, 503 Marshall Street - January 18th CDB meeting Leslie, Could you please review the attached request from Wayne and give us your opinion. thakns chip nmOnglnal Messagenm From: Wells, Wayne Sent: Thursday, December 30, 2004 5:45 PM To: Gerlock, Chip Subject: FLD2004-02010, 503 Marshall Street - January 18th CDB meeting Chip - I am asking for a legal opinion regarding the following for the above case: I have sent to Leslie Dougall-Sides through interoffice mail the shared parking agreement the owner/applicant of the above project has with the property owner to the south (Billlrle). ThiS case was originally in front of the CDB on September 21, 2004, and is scheduled for their January 18, 2005, meeting. Leslie previously voiced concerns regarding the legality of the shared parking agreement at the September 2004 CDB meeting. The owner/applicant desires, based on what he heard at the September 2004 COB meeting, to move forward back to the CDB with the ability for the approval of the application to be conditioned on the ceasing of business operation, should the use of the spaces on the property to the south be rescinded by the adjacent property owner (Irle), until sufficient new off-Site parking is secured through legal arrangement. Could you forward thiS to Leslie asking her to take another look at the shared parking agreement with Irle and, In conjunction with the above potential conditioning of approval, and let me know if the conditioning of the approval of the application is pOSSible, and if so, any potential language for the condition? Thanks - Wayne 1 Wells, Wayne From: Sent: To: Subject: Wells, Wayne Thursday, December 30, 2004 5:45 PM Gerlock, Chip FLD2004-02010, 503 Marshall Street - January 18th CDB meeting Chip - I am asking for a legal opinion regarding the following for the above case: I have sent to Leslie Dougall-Sides through interoffice mail the shared parking agreement the owner/applicant of the above project has with the property owner to the south (Bllllrle). ThiS case was originally in front of the CDB on September 21, 2004, and is scheduled for their January 18, 2005, meeting. Leslie previously voiced concerns regarding the legality of the shared parking agreement at the September 2004 CDB meeting. The owner/applicant desires, based on what he heard at the September 2004 CDB meeting, to move forward back to the CDB with the ability for the approval of the application to be conditioned on the ceasing of business operation, should the use of the spaces on the property to the south be rescinded by the adjacent property owner (Irle), until sufficient new off- site parking IS secured through legal arrangement. Could you forward this to Leslie asking her to take another look at the shared parking agreement with Irle and, in conjunction with the above potential conditioning of approval, and let me know if the conditioning of the approval of the application is possible, and If so, any potential language for the condition? Thanks - Wayne 1 Wells, Wayne ~ From: Sent: To: Subject: Richter, Debbie Tuesday, December 14, 2004 3.40 PM Wells, Wayne RE: Resubmitted plans for the January 18,2005, CDB No change to P&R conditions n---Onglnal Messagemn From: Wells, Wayne Sent: Fnday, December 10, 20047:26 AM To: Albee, RICk; Blackburn, Anne; Buysse, Beverly A.; Colbert, Joseph; Dittmer, Arden; Dougall-Sides, Leslie; Tarapanl, Cyndl; Gerlock, Chip; Glenn, Tom; Gluskl, Roberta; Haines, Angel; Melone, Donald; Morns, William D.; Reynolds, Mike; Rice, Scott; Richter, Debbie; Schodtler, John; Watkins, Sherry Subject: Resubmitted plans for the January 18, 2005, CDB DRC Members, Plans for the follOWing cases have been resubmitted for the January 18, 2005, CDB meeting: 1. FLD2004-08061; 2. FLD2004-04025; 3. FLD2004-04029; fees still apply 4. FLD2004-02010; 503 Marshall St.; added) [Deb Richter] No comment 25191 US Highway 19; 521 S Gulfview Blvd; 605 Poinsettia Ave.; Dimmitt Cadillac [Deb Richter] Entrada/Ramada [Deb Richter] Park Place [Deb Richter] No comment OS/Rec fees stili apply $1,200 Recreation Fae 1504 Garden Inc. (Note: Two parking spaces have been I have placed one copy of the case resubmlttal package on the cabinets outside of Room 216 in our office for your review (please do not take It, as we need it for the CDS mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 4:00 pm on Tuesday, December 14, 2004. Thanks, Wayne 1 Wells, Wayne From: Sent: To: Subject: Albee, Rick Monday, December 13, 2004 11 28 AM Wells, Wayne RE Resubmitted plans for the January 18, 2005, CDB 25191 US 19- Conditions met, revise PP 521 Gulf vlew- No Issues 605 POlnsettla- Condition 15 still not met, revised to be corrected prior to bUilding permit, reVised PP 503 Marshall-Modified conditions In PP --mOnglnal Message----- From: Wells, Wayne Sent: Fnday, December 10, 20047:26 AM To: Albee, Rick; Blackburn, Anne; Buysse, Beverly A ; Colbert, Joseph; Dittmer, Arden; Dougall-Sides, Leslie; Tarapanl, Cyndl; Gerlock, Chip; Glenn, Tom; Gluskl, Roberta; Haines, Angel, Melone, Donald; Morns, Wilham D.; Reynolds, Mike; Rice, Scott; Richter, Debbie; Schodtler, John; Watkins, Sherry Subject: Resubmitted plans for the January 18, 2005, CDB DRC Members, Plans for the follOWing cases have been resubmitted for the January 18, 2005, CDB meeting: 1. FLD2004-08061; 25191 US Highway 19; 2. FLD2004-04025; 521 S Gulfview Blvd; 3. FLD2004-04029; 605 Poinsettia Ave.; 4. FLD2004-02010; 503 Marshall St.; added) Dimmitt Cadillac Entrada/Ramada Park Place 1504 Garden Inc. (Note: Two parking spaces have been I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if pOSSible by 4:00 pm on Tuesday, December 14, 2004. Thanks, Wayne 1 Wells. Wayne From: Sent: To: Subject: Rice, Scott Thursday, December 16, 2004 10:02 AM Wells, Wayne FLD2004-02010 - 503 Marshall St. - 1504 Garden Inc Wayne, Engineering has completed review of subject application. The following should be approval conditions: Prior to building permit, provide copy of approved SWFWMD Permit or letter of exemption. TraffiC Impact Fees to be determined and paid prior to Certificate of Occupancy D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyClearwater.com -----Onglnal Messagenm From: Wells, Wayne Sent: Fnday, December 10, 20047:26 AM To: Albee, RiCk, Blackburn, Anne, Buysse, Beverly A.; Colbert, Joseph; Dittmer, Arden; Dougall-Sides, Leslie; Tarapanl, Cyndl; Gerlock, Chip, Glenn, Tom, Gluskl, Roberta, Haines, Angel; Melone, Donald; Morns, William D.; Reynolds, Mike; Rice, Scott; Richter, Debbie; Schodtler, John; WatkinS, Sherry Subject: Resubmitted plans for the January 18, 2005, CDB DRC Members, Plans for the follOWing cases have been resubmitted for the January 18, 2005, CDB meeting: 1. FLD2004-08061; 25191 US Highway 19; 2. FLD2004-04025; 521 5 Gulfview Blvd; 3. FLD2004-04029; 605 Poinsettia Ave.; 4. FLD2004-02010; 503 Marshall St.; added) Dimmitt Cadillac Entrada/Ramada Park Place 1504 Garden Inc. (Note: Two parking spaces have been I have placed one copy of the case resubmlttal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need It for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if pOSSible by 4.00 pm on Tuesday, December 14, 2004. Thanks, Wayne 1 ORIGINAL CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representati ve: Address: December 14.2004 FLD2004-020 10 Dl 1504 Garden Inc. Mr. Hashim Sullaiman 503 Marshall Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT UPDATE: At their meeting on September 21, 2004, the Community Development Board continued this request to their October 19, 2004, meeting. Issues identified by the CDB were the proposed architecture and color of the building and that the shared parking agreement was insufficient to provide the required parking should the shared parking agreement be dissolved. At the request of the applicant, the CDB continued this request to their November 16, 2004, meeting. The CDB granted a continuance to the December 14, 2004, meeting to allow the applicant to resolve parking concerns. In order to resolve parking concerns, the applicant will be resubmitting plans to go back to the CDB on January 18, 2005, and is therefore requesting a continuance to that meeting (see attached letter). GENERAL INFORMATION: REQUEST: Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Staff Report - Commumty Development Board - December 14, 2004 - Case FLD2004-020 10 Page 1 of2 EXISTING ZONING/ LAND USE: PROPERTY SIZE: PROPERTY USE: ADJACENT ZONING/ LAND USES: CHARACTER OF THE IMMEDIATE VICINITY: Commercial (C) District; Commercial General (CG) Category 0.18 acres; 7,720 square feet Current Use: Vacant two-story commercial building and attached dwellings (duplex) Proposed Use: Retail sales and services within the two-story building North: Commercial District; Retail sales and services East: Commercial District; Retail sales and services South: Commercial District; Restaurant West: Commercial District; Attached dwellings Nonresidential uses (retail sales and services, restaurant and offices ),as well as attached dwellings dominate this area of Marshall Street and along North Ft. Harrison Avenue. Detached dwellings otherwise dominate the surrounding area beyond this commercial node. Prepared by: Planning Department Staff: ATTACHMENT: Letter from Hashim Sullaiman S IPlanmng DepartmentlC D BlFLEX (FLD)\Pendmg caseslUpfor the next CDSIMarshall 0503 Garden Avenue Complex (C) 12 1404 CDS- WW\Marshall 503 Contmuance Staff Reportfor 12.14 04 CDS doc Staff Report - Commumty Development Board - December 14, 2004 - Case FLD2004-020 10 Page 2 of2 ORIGINAL CDB Meeting Date: Case Number: Agenda Item: Owner! Applicant: Representative: Address: November 16, 2004 FLD2004-020 10 El 1504 Garden Inc. Mr. Hashim Sullaiman 503 Marshall Street CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT UPDATE: At their meeting on September 21, 2004, the Community Development Board continued this request to their October 19, 2004, meeting. Issues identified by the CDB were the proposed architecture and color of the building and that the shared parking agreement was insufficient to provide the required parking should the shared parking agreement be dissolved. At the request of the applicant, the CDB continued this request to their November 16, 2004, meeting. The applicant is still working on the parking concern and has requested a continuance to the December 14,2004, meeting of the CDB (see attached email). GENERAL INFORMATION: REQUEST: Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. EXISTING ZONING! LAND USE: Commercial (C) DIstrict; Commercial General (CG) Category Staff Report - Commumty Development Board - November 16, 2004 - Case FLD2004-020 1 0 Page lof2 PROPERTY SIZE: 0.18 acres; 7,720 square feet PROPERTY USE: Current Use: Vacant two-story commercial building and attached dwellings (duplex) Proposed Use: Retail sales and services within the two-story building ADJACENT ZONINGI LAND USES: North: Commercial District; Retail sales and services East: Commercial District; Retail sales and services South: Commercial District; Restaurant West: Commercial District; Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Nonresidential uses (retail sales and services, restaurant and offices),as well as attached dwellings dominate this area of Marshall Street and along North Ft. Harrison Avenue. Detached dwellings otherwise dominate the surrounding area beyond this commercial node. Prepared by: Planning Department Staff: A TT ACHMENT: Email from Hashim Sullaiman S IPlalllllllg DepartmelltlC D BIFLEXlPelldlllg cases I Up for the Ilext CDBIMarsha// 0503 Gardell Avellue Complex (C) 11.16.04 CDBIMarsha// 503 COlltllluallce Staff Report for 11 1604 CDB.doc Staff Report - Commumty Development Board - November 16, 2004 - Case FLD2004-0201O Page 2 of2 CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Address: ORIGINAL October 19,2004 FLD2 004-02 010 E4 1504 Garden Inc. Mr. Hashim Sullaiman 503 Marshall Street CITY OF CLEARWATER PLANNING DEPARTMENT ST AFF REPORT UPDA TE: At their meeting on September 21, 2004, the Community Development Board continued this request to their October 19, 2004, meeting. Issues identified by the CDB were the proposed architecture and color of the building and that the shared parking agreement was insufficient to provIde the required parking should the shared parking agreement be dissolved. The applicant is presently out of the country and has requested a continuance to the November 16, 2004, meeting of the CDB (see attached email). GENERAL INFORMATION: REQUEST: Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. EXISTING ZONING/ LAND USE: Commercial (C) District; Commercial General (CG) Category Staff Report - Community Development Board - October 19, 2004 - Case FLD2004-0201O Page 1 of2 PROPERTY SIZE: 0.18 acres; 7,720 square feet PROPERTY USE: Current Use: Vacant two-story commercial building and attached dwellings (duplex) Proposed Use: Retail sales and services within the two-story building ADJACENT ZONING/ LAND USES: North: Commercial District; Retail sales and services East: Commercial District; Retail sales and services South: Commercial District; Restaurant West: Commercial District; Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: Nonresidential uses (retail sales and services, restaurant and offices),as well as attached dwellings dominate this area of Marshall Street and along North Ft. Harrison A venue. Detached dwellings otherwise dominate the surrounding area beyond this commercial node. Prepared by: Planning Department Staff: A TT ACHMENT: Email from Hashim Sullaiman S IPlannzng DepartmentlC D BIFLEXlPendlng caseslUp for the next CDBIMarshall 0503 Garden Avenue Complex (C) 101904 CDBIMarshall 503 Continuance Staff Reportfor 10 1904 CDB doc Staff Report - Commumty Development Board - October 19,2004 - Case FLD2004-02010 Page 2 of2 From: HSullaiman@aol.com Sent: Thursday, October 07,20048:38 AM To: Wells, Wayne Subject: Re. FLD2004-02010, 503 Marshall Street To. Members of the Community Development Board From: Hashim Sullaiman Re FLD2004-02010, 503 Marshall Street I am presently out of the country and will not return until October 16, 2004 In order to assess your concerns, prepare revised plans and allow staff adequate time to review my revIsions and prepare a revised staff report, I request to continue this case until the November 16, 2004, meeting of the Community Development Board. S IPlanl1/ng DepartmentlC D BIFLEXlPend/llg caseslUp for the next CDBIMarsha/l 0503 Garden Avenue Complex (C) 10 1904 CDBIMarsha/l 503 Requestfrom appilcal1lfor cont/lluance 10 704 doc CDB Meeting Date: Case Number: Agenda Item: Owner/Applicant: Representative: Address: ~ . September 21, 2004 FLD2004-020 1 0 F2 1504 Garden Inc. Mr. Hashim S ullaiman 503 Marshall Street CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: EXISTING ZONING/ LAND USE: PROPERTY SIZE: PROPERTY USE: ADJACENT ZONING/ LAND USES: Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width ofthe required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Commercial (C) District; Commercial General (CG) Category 0.18 acres; 7,720 square feet Current Use: Vacant two-story commercial building and attached dwellings (duplex) Proposed Use: Retail sales and services within the two-story building North: Commercial District; Retail sales and services East: Commercial District; Retail sales and services South: Commercial District; Restaurant West: Commercial District; Attached dwellings I Staff Report - Commumty Development Board - September 21, 2004 - Case FLD2004-020 1 0 Page 1 of7 CHARACTER OF THE IMMEDIATE VICINITY: Nomesidential uses (retail sales and services, restaurant and offices ),as well as attached dwellings dominate this area of Marshall Street and along North Ft. Harrison Avenue. Detached dwellings otherwise dominate the surrounding area beyond this commercial node. ANALYSIS: Site Location and Existing Conditions: The subject 0.18-acre parcel is located at the southeast comer of Marshall Street and North Ft. Harrison Avenue. The property is currently developed with a two-story commercial building (presently vacant) on the eastern portion of the site and an attached dwelling building (duplex - presently vacant) on the western portion of the site. The only parking area for this site IS north of the two-story commercial building, which requires vehicles to back mto Marshall Street. Proposal: The proposal is to demolish the duplex residential building on the western portion of the site in order to provide for the construction of a parking lot for six parking spaces and to improve the existing two-story commercial building for a retail sales and service use. All existing parking spaces that require vehicles to back into Marshall Street will be removed and converted to a landscaped area. A retention pond is proposed within the landscape buffer area adjacent to North Ft. Harrison A venue. Two small additions to the two-story commercial building are proposed, one on the north side (approximately three feet by 19 feet) and one on the west side (approximately seven feet by 30 feet). The applicant has a recorded shared parking agreement with the property to the south (currently a closed restaurant) for 11 parking spaces to provide for required parking. This off-site adjacent parking area is proposed to be upgraded prior to the issuance of the Certificate of Occupancy for the subject building. As stated above, the northern building addition will help square off the building's northern fa9ade for both floors. The western building addition will provide for a new first-floor building entry and provide for a required secondary egress for the second floor. The fa9ade of the building will be improved and modernized through these building additions. The building will be painted an off- white or sand color with white or contrasting columns or pilasters. The new western first-floor entry and the proposed stairway to the second floor will be improved with a canvas awning. With the demolition of the duplex on the western portion of the site and the construction of the parking lot, the visual appeal of the site will be greatly enhanced through complete landscaping of the site. Perimeter buffers are proposed along both street frontages. In order for the site to work, the applicant is requesting a number of reductions from the development standards of the Code. This site has been developed for a long period of time in its current configuration. The parcel is only 7,720 square feet in area and has only 50.81 feet of lot width along North Ft. Harrison Avenue, whereas the Code requires 10,000 square feet of lot area and a lot width of 100 feet for retail sales and service uses. These reductions are minimized due to the location of the existing two-story building on the extreme eastern portion of the site and the shared parking agreement for 11 parking spaces on the lot adjacent to the south. The applicant is Staff Report - Commumty Development Board - September 21, 2004 - Case FLD2004-020 1 0 Page 2 of7 requesting a reduction to the front (north along Marshall Street) setback from 25 feet to 19 feet (to the existing and proposed building). The existing two-story building is nonconforming to required front and side setbacks. Code provisions require additions to meet the required Code setbacks, unless reductions are approved through appropriate procedures. The additions are necessary to provIde functionality for the building and to square off the building's fa9ade. The applicant is proposmg a reduction to the front (west) setback along North Ft. Harrison Avenue from 25 feet to 15 feet (to the proposed pavement). Along this portion of North Ft. Harrison Avenue there do exist buildings and pavement closer to the front property line. This proposed setback to pavement provides sufficient area for site beautification, while still providing for other required site improvements. In order to construct the on-site parking lot to meet Code dimensional standards, and since the lot is only 50.81 feet wide (north/south dimension), the applicant has proposed to provide as much landscape area adjacent to Marshall Street as possible, while minimizing the landscape buffer along the south property line. As such, the applicant is requesting a reduction to the front setback adjacent to Marshall Street from 25 feet to 14 feet (actually 14.81 feet to the proposed pavement). Much like the proposed front setback reduction for the building additions, the same nonconforming provisions of the Code apply to the building addition adjacent to the south property line. The existing building is approximately one-foot from the south property line. The applicant is requesting to reduce the side (south) setback from 10 feet to one-foot in order to construct the western building addition. The applicant is also requesting a reduction to the required setback and perimeter buffer along the south property line to zero feet to construct the proposed parking lot. In order to construct the addition as proposed and the parking lot, while providing for reqUIred handicap accessibility for the parking lot, into the building and to access the proposed public sidewalk in the Marshall Street right-of-way, the applicant is requesting to reduce the required foundation landscape area adjacent to the western portion of the building from five feet to 3.75 feet. In light of all other landscape improvements to the site, this proposed reduction is minimal and will still provide adequate planting area. Finally, the applicant is requesting a reduction to required parking from five to 4.5 spaces per 1,000 square feet. Code criteria provide that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. The applicant plans to have large storage areas on the second floor. The applicant is proposing a monument-style sign a maximum of six-feet high near the mtersectIOn of Marshall Street and North Ft. Harrison Avenue. Use ofa dumpster on the adjacent parcel to the east is proposed through appropriate agreements with the City and the abutting property owner. This off-site dumpster will need to be upgraded with appropriate building permits and be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site. Site and landscape plans will need to be amended prior to the issuance of any building permits addressing certain zoning, landscaping and engineering requirements. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2- 704.C) have been met. \ Staff Report - Community Development Board - September 21, 2004 - Case FLD2004-020 1 0 Page 3 of7 Code Enforcement Analysis: There is an active code enforcement case (CDC2003-00559) dealing with a stop work order for the demolition and construction of both floors of the interior of the eastern two-story commercial building without plans, permits or inspections. COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-701.1 and 2-704): STANDARD PROPOSED CONSISTENT INCONSISTENT MAXIMUM FLOOR 0.49 X AREA RATIO (FAR) (0.55) IMPERVIOUS 0.63 X SURFACE RATIO (lSR) (0.95 maximum) LOT AREA (5,000 - 7,720 square feet (nonconforming) X* 10,000 square feet minimum) LOT WIDTH (50 - Marshall Street: 150 feet X* 100 feet minimum) N. Ft. Harrison Avenue: 50.81 feet FRONT SETBACK Marshall Street: 19 feet (to building); X* (15 - 25 feet) 14 feet (to pavement) N. Ft. Harrison Avenue: 15 feet (to pavement) REAR SETBACK (10 N/ A (comer lots have two front and X - 20 feet) two side setbacks) SIDE SETBACK (0 - East: zero feet ( to existing building) X* 10 feet) South: one-foot (to existing and proposed building); zero feet (to proposed pavement) HEIGHT (25 - 50 20.58 feet (to roof deck) X feet) PARKING SPACES 17 (4.53 spaces per 1,000 square feet) X* (four - five spaces per ** 1,000 square feet) (15- 19 spaces required) *See discussion for reductions under Analysis. ** A shared parking agreement with the adjacent property owner for 11 parking spaces has been recorded in OR Book 12480, Pages 323-326. Staff Report - Conununity Development Board - September 21, 2004 - Case FLD2004-020 I 0 Page 4 of7 COMPLIANCE WITH FLEXIBILITY CRITERIA (Section 2-704.C): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for X development is otherwise impractical without deviations from the use, intensity and development standards. 2. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will not reduce the fair market value of abutting properties. 3. The uses within the Comprehensive Infill Redevelopment Project are X otherwise permitted in the City of Clearwater. 4. The use or miX of uses within the Comprehensive Infill X Redevelopment Project is compatible with adjacent land uses. 5. The development of the parcel proposed for development as a X Comprehensive Infi 11 Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development. 6. The design of the proposed Comprehensive Infill Redevelopment X 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. 7. Flexibility in regard to lot width, required setbacks, height and off- X 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. 8. Adequate off-street parking in the immediate vicinity according to the X 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. COMPLIANCE WITH GENERAL STANDARDS Section 3-913 : Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, coverage, densit and character ofad'acent ro erties. Development will not hinder or discourage development and use of ad' acent land and buildings or significantly im air the value thereof. Development will not adversely affect the health or safety of persons residin or workin in the neighborhood. Develo ment is designed to minimize traffic con estion. Development is consistent with the community character of the immediate vicinit . Design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on ad'acent ro erties. X X 2. X 3. X 4. 5. X X 6. Staff Report - Commumty Development Board - September 21, 2004 - Case FLD2004-020 1 0 Page 5 of7 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on April 1, 2004. The Planning Department recommends APPROVAL of the Flexible Development approval to permit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to proposed pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to proposed pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to proposed pavement) and a reduction to required parking from five to 4.5 spaces per 1,000 square feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to 3.75 feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-l202.G, for the site at 503 Marshall Street, 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 Comprehensive Landscape Program criteria per Section 3-l202.G. 4. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. That the applicant apply for City building permits for after-the-fact interior renovations, building additions and site improvements by November 22, 2004. Failure to submit for these permits within this time frame shall cause this Flexible Development approval by the CDB to be null and void and cause enforcement action to be initiated again; 2. That use of the building be for retail sales and services, or uses with a similar or lesser parking requirement, with a significant amount of storage area. The applicant shall indicate all storage areas on the building plans to be submitted and revise the site data table on Sheet C 1/6 to ensure required parking is being provided; 3. That the site and landscape plans be amended prior to the issuance of any building permits to show the following: a. as part of the site data, that a recorded shared parking agreement exists on the adjacent property to the south for 11 parking spaces; b. revised landscape plans addressing overall landscape requirements, including showing the canopy of the l4-inch oak tree to be preserved, irrigation, visibility triangles and foundation landscaping, to the satisfaction of the Planning Department; Staff Report - Commumty Development Board - September 21, 2004 - Case FLD2004-020 1 0 Page 6 of7 c. provide existing topography of the eleven parking spaces in order to provide assurance that project will not block off site flow nor will unaccounted surface waters contribute to system; d. delineate existing and proposed drainage basins on construction plans; e. provide evidence of proper notification to the original engineer in accordance with F.A.C. 61G 15-27.001; f. provide erosion and sediment discharge controls on plans; 4. That the final design of the building be consistent with the conceptual elevations submitted, or as modified by the CDB; 5. That the site be limited to one monument sign, at a maximum height of six feet, located outside of visibility triangles, containing the site address and be coordinated/consistent with the color and materials of the building; 6. That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy for this site; 7. That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This off-site dumpster shall be upgraded with appropriate building permits and be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site; and 8. That, prior to the issuance of a Certificate of Occupancy, Traffic Impact Fees be determined and paid. Prepared by: Planning Department Staff: ~ ATTACHMENTS: Location Map Aerial Photograph of Site and Vicinity Zoning Atlas Map Surrounding Existing Uses Map Photographs of Site and Vicinity Application S IPlanmng DepartmentlC D BlFLEXlPendmg cases\Up for the next CDBlMarshall 0503 Garden Avenue Complex (C) 92 J 04 CDB\Marshall 503 Staff Report doc Staff Report - CommunIty Development Board - September 21,2004 - Case FLD2004-0201O Page 7 of7 Wells, Wayne From: Sent: To: Subject: Kinney, Jason Thursday, August 26, 2004 8:43 AM Wells, Wayne FW: 503 Marshall FLD2004-02010 nmOnglnal Messagem-- From: Kinney, Jason Sent: Thursday, August 26, 20048:42 AM To: Wells, Wayne Subject: FW: 503 Marshall FLD2004-02010 -n--Onglnal Messagem-- From: Kinney, Jason Sent: Wednesday, August 25, 20043:59 PM To: Rice, Scott Subject: 503 Marshall FLD2004-02010 Scott, The referenced FLD case is approved for Stormwater. Please include the following items prior to building permit or as a condition of development order. 1. Provide existing topography of the eleven parking spaces in order to provide assurance that project will not block offsite flow nor will unaccounted surface waters contribute to system. 2. Delineate existing and proposed drainage basins on construction plans. 3. Provide evidence of proper notification to the original engineer in accordance with F.A.C. 6IGI5-27.001. 4. Provide erosion and sediment discharge controls on plan. Thank you, Jason 1 Wells. Wayne From: Sent: To: Subject: Rice, Scott Wednesday, August 25, 2004 2:27 PM Wells, Wayne September 21,2004 CDB Resubmlttals Wayne. On 205 Bnghtwater - Need standard enVIronmental dock comment as a condition of approval On 503 Marshall Street - Use the following conditions. Pnor to C.O , Impact fee required for retail store and, If food preparation on site, then a reduced pressure backflow preventor device required Pnor to CO, Traffic Impact Fees to be determIned and paid. I have given this application to Jason Kinney to review stormwater FLD2004- 04022 - 2690 Drew St Sign In sight tnangle. Hours gate will be open not addressed in resubmittal. Without transmittal letter unable to determine if Engineering comments are addressed. D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyClearwater.com -----Onglnal Message----- From: Wells, Wayne Sent: Monday, August 23,20044:17 PM To: Albee, RICk; Blackburn, Anne; Buysse, Beverly A.; Colbert, Joseph; Dittmer, Arden; Dougall-Sides, Leslie; Fierce, Lisa; Gerlock, Chip; Glenn, Tom; Gluskl, Roberta; Haines, Angel; Melone, Donald; Morns, William D.; ReynoldS, Mike; Rice, Scott; Richter, Debbie; Schodtler, John; Watkins, Sherry Subject: Resubmlttal of case for September 21, 2004, CDB meeting DRC members - Plans for the follOWing cases have been resubmitted for the 9/21/04 CDB meeting. I have placed one copy of the case resubmlttal package on the cabinets outside of, Room 216 in our office for your review (please do not take it, as we need It for the CDB mail out). Please review your comments/conditions for this case In Permit Plan and determine if they are met. Whether the conditions are "met" or stili "not met," please let me know via emall. Please have these cases reViewed by noon on Wednesday, August 25,2004. I have to have the CDB agenda set and sent to the Clerk on Thursday, August 26, 2004 Thanks FLD2004-02010 - 503 Marshall Street (DRC April 1 ,2004) FLD2004-04022 - 2690 Drew Street (DRC May 6,2004) FLD2004-06046 - 205 Brightwater Dnve (DRC August 12, 2004) Thanks - Wayne 1 , ~ . , .." "1" "~\ALN'~#~' ,\t~ ~1"ld_...~!I.1&.. ~~~" ~~t"~ :(St \LJ~ \. v. 41\1 --~"", .; .. -- ..~i H___ '~~; ~ .. -.- ~, -~\ .. -- ~~ "::..T.....'i}~~:: 11II ~,;\ ..71f. .....,. 'G:~'~ .....~~~TE~J,. ,11\ 'II' Conditions Associated With FLD2004-02010 503 MARSHALL ST Arden Dittmer 562-4604 04/20/2004 Irrigation Condition Not Met Irrigation must meet the City Code per Section 3-1203.C., adjust plans to show 100% coverage, rain sensor, automatic timer, etc. Submit a plan that meets code prior to D.O. Arden Dittmer 562-4604 08/20/2004 Landscape Site Triangle Plan Not Met 8/20/2004 (A _D) same comment 4/20/2004 (A_D) Submitted plans are not legible, please submit revised sheets making sure they are clear. Also, note that If plants are in the sight triangles they are "to be maintained at not more than 30" In height." 3/4/2004 (A_D) Per Section 3-1204.H. Plants in the sight triangles must be installed in accordance with the requirements in Article 3, Division 9 to minimize traffic hazards. "QV" IS In Sight triangle along with plants that will grow to interfere with vehicle safety Arden Dittmer 562-4604 04/20/2004 Building Facade Landscape C Not Met Landscape 08/20/2004 08/20/2004 8/20/2004 (A_D) plans are clear now, see lowest comment. 4/20/2004 (A_D) plans are unclear, poor print quality 3/4/2004 (A_D) Per Section 3-1202.E 2. Foundation plantings shall be provided for 100% of a building facade With frontage along a street right of way, excluding space necessary for building ingress and egress, Within a minimum five foot Wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of building facade and one shrub for every 20 square feet of required landscaped area. A minimum of 50% of the area shall contain shrubs With the remainder to be ground cover. Side along Ft. Harrison does not show the required landscape area Reduce Sidewalk width to accomodate for this condition. Arden Dittmer 562-4604 8/20/2004 (A_D) same comment - no additional trees installed. Not Met 4/20/2004 (A_D) same comment - no additional trees installed. 3/4/2004 (A_D) Add a few pond cypress to the retention area as part of the perimeter requirement. 8/20/2004 (A_D) same comment - no additional trees installed. Not Met 4/20/2004 (A_D) same comment - no significant changes shown. 3/4/2004 (A_D) "QV" are too close together, space apart more to allow for growth or change to different tree CaseCondltons Print Date. 09/07/2004 Page 1 of 4 ~ FLD2004-02010 503 MARSHALL ST Landscape Arden Dittmer 562-4604 08/20/2004 species. 8/20/2004 (A_D) no change provided. Not Met 4/20/2004 (A_D) no change provided. 04/20/2004 3/4/2004 (A_D) Relocate the three "CM" to a group location at the NW corner of the parking out of the sight triangles. Relocate the plant list to the "landscape sheet", with revisions addressing the other comments. Not Met Land Resource Condition Rick Albee 562-4741 03/16/2004 Show the canopy of the 14" oak tree to remain prior to CDB. Not Met 03/16/2004 Show root prune lines where grade cuts occur under the canopy of the 14" oak prior to Building permit. Show the palm tree to be removed prior to building permit. Not Met 03/16/2004 Not Met Storm Water Condition Initials Missing Initials Missing 03/09/2004 1. PrOVide stormwater calculations using City of Clearwater Stormwater Design Criteria method of Not Met calculating storage volume. Please stop by Public Works Administration for copy of criteria. 4/27 not met The area used In calculations must be determined from basin delineations, not simply proposed impervIous area. Pond overflow Into ROW requires 50-year design storm, 25-year design If piped into City storm sewer. 8/25/04 Met 2. ProVide grading and drainage plan with onslte proposed grades and elevations. (4/27 not met. PrOVide proposed grades and produce legible copies) 8/25/04 MET 3. Provide existing topography of the eleven parking spaces, if flow is to the pond or new pavement IS proposed, this area must be included in calculations. (4/27 not met. We need assurance that project will not block offsite flow nor will unaccounted surface waters contribute to system. ) 4. Delineate existing and proposed drainage basins. (4/27 not met) 5 Submit calculations for pond recovery within 24 hours. (4/27 MET) 6 All plans and calculations must be signed and sealed by Flonda P.E. Engineer's name must be clearly printed or typed 4/27 - Plans stili not sealed by engineer The submitted plans have diminishing quality and clarity from the previously submitted plans. The current plans are not legible enough to be approved for permitting. 8/25/04 MET 7. The plans appear to have been adopted by another engineer. Provide evidence of proper notification to the original engineer in accordance with FAC. 61 G15-27.001. 8/25/04 Not met. 8. Is a outfall structure proposed? Show on plans if piping to storm sewer. 8/25/04 Met by overflow to ROW The follOWing comments shall be addressed prior to bUilding permit: 1. Provide eXisting topography of the eleven parking spaces In order to provide assurance that project Will not block off site flow nor will unaccounted surface waters contribute to system 2. Delineate existing and proposed drainage basins on construction plans. 3. Provide evidence of proper notification to the original engineer in accordance With FAC. 61 G15-27.001. 4. Provide erosion and sediment discharge controls on plan. Solid Waste Condition CaseCondltons Pnnt Date: 09/07/2004 Page 2 of 4 1. FLD2004-02010 503 MARSHALL ST Solid Waste Condition How will solid waste be handled, dumpster location must be shown and enclosure must be built to Not Met city specifications Zoning Condition 08/25/2004 08/26/2004 08/26/2004 08/26/2004 08/26/2004 08/26/2004 Wayne Wells 562-4504 8/25/04 - WW Not Met Include as a condition In Staff Report for CDB approval. 4/21/04 - WW Note has been removed from site plan Put note back on site plan. 3/9/04 - WW Revise Note #1 in the middle of Sheet 1/2 to indicate that the shared parking agreement with the adjacent property owner for the 11 parking spaces has been recorded in OR Book 12480, Pages 323-326 8/26/04 - WW Not Met Condition the approval on retail sales for both floors with similar use characteristics (large amounts of storage). 4/21/04 - WW Revise under "Proposed" "Usage" the use from "warehouse & retail sales" to "retail sales." It is my understanding that the second floor will be additional retail display area and storage for the retail business (only one business for both the first and second floors). Revise "Proposed" "building coverage" and "gross floor area" to add in the additional floor area on the west and the additional floor area on the north. Revise parking calculations due to the additional floor area proposed (most likely more than 17 spaces required). It was my understanding that a parking reduction would be requested to a ratio between 4 and 5 spaces per 1,000 square feet based on a significant portion of the second floor being storage for the business. Revise/provide. 3/9/04 - WW Provide a Site Data Table, including "existing," "proposed" and "required" in tabular form. Include land area, dwelling Units, bUilding footprint, gross floor area and floor area ratio, number of parking and parking ratio, total paved area (vehicular use area), interior landscape area and percentage of the vehicular use area, building height and impervIous surface ratio 8/26/04- WW Not Met Condition approval on a minimum of 400 square feet of storage floor area. 4/21/04 - WW Still need. Important to indicate storage area(s) on second floor, due to parking calculations/parking provided. 3/9/04 - WW Provide a proposed floor plan of each floor, also indicating the number of tenant spaces per floor. 8/26/04 - WW Not Met Include as a condition In Staff Report. 4/21/04 & 3/9/04 - WW Suggest freestanding sign be a monument type, a maximum of six feet high, coordinated with proposed landscaping, located outside of visibility triangles and coordinated with the color and matenals of the building. This sign must include the address of the bUilding. 8/26/04 & 4/21/04 & 3/9/04 - WW Not Met Condition to be suggested as part of staff report to CDB: That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner This off-site dumpster shall be upgraded with appropriate building permits to be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site 8/26/04 & 4/21/04 & 3/9/04 - WW Not Met Condition to be suggested as part of staff report to CDB: That all applicable building permits be obtained for all work performed without a permit and receive all final inspections prior to the CaseCondltons Pnnt Date' 09/07/2004 Page 3 of 4 . ~ FLD2004-02010 503 MARSHALL ST Zoning Condition Wayne Wells issuance of a Certificate of Occupancy 562-4504 08/26/2004 8/26/04 & 4/21/04 & 3/9/04 - WW Not Met Condition to be suggested as part of staff report to CDB: That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy. 8/26/04 & 4/21/04 & 3/30/04 - WW Not Met Comment from CRT: There is an active code enforcement case (CDC2003-00559) dealing with a . stop work order for demolition and construction of both floors of the interior of the building without plans, permits or Inspections. 08/26/2004 CaseConditons Print Date: 09/07/2004 Page 4 of 4 Wells, Wayne From: Sent: To: Subject: Kinney, Jason Thursday, August 26, 2004 8:43 AM Wells, Wayne FW. 503 Marshall FLD2004-020 10 -----Onglnal Message----- From: Kinney, Jason Sent: Thursday, August 26, 20048:42 AM To: Wells, Wayne Subject: FW: 503 Marshall FLD2004-02010 --mOnglnal Message---n From: Kinney, Jason Sent: Wednesday, August 25,20043:59 PM To: Rice, Scott Subject: 503 Marshall FLD2004-02010 Scott, The referenced FLD case is approved for Stormwater. Please include the following items prior to building permit or as a condition of development order. 1. Provide existing topography of the eleven parking spaces in order to provide assurance that project will not block offsite flow nor will unaccounted surface waters contribute to system. 2. Delineate existing and proposed drainage basins on construction plans. 3. Provide evidence of proper notification to the original engineer in accordance with F.A.C. 61GI5-27.001. 4. Provide erosion and sediment discharge controls on plan. Thank you, Jason 1 FI.. P~oo4 . 02.,0' () S-03 ~~kA\\ S\.. .,. [- <( CXJ (!) N '&. <II 8, ~ '" ",, ~ ~ " -c " " ~. (L 0> o ~ l"l '" o i5 i'l i'i o ~ -c <Xl ~ ~ IJ) :5 I- $ o 4: U o l- => $ ~ Cl gj IJ) .. 277 A ----- ... . 2598 .,. -- - -- -- -- -- -- -- r----__ L --- -- -- -- -- DI"~OI,..~ CITY OF CLEARWATER AIID VICINITY PIIlE1US COllJlTY, FLORIDA PREPARED e.,. PUBLIC WORKS ADMINISTRATION ENCINEE~INC 100 'i: t.I)II'tll! A_ ~.rIrO'.t rl JJ7SG Ph (813)562-4750 rOL. (Sll)526-n5S hllp 11_.. cl,o''IIIoler-fl com/el\9I/1et6 / PUbliC InformQl1on dato Is furfllsne-d by tn, eHy or CI..o,wal., Pu~le Workll Adm...'1l1rotlon/Englrleeflnq and must D. occl'pted ond uSicd by the recipient with ttle unde1stond~o lhot the data r~~I-.ed was collected (or 'he PUlPOR of dI!YelQP""'9 (I qroph1c Infrostruchlte Inventory M 2YcI'I. the City of Clearwater PWA/E maJ" no worronUe., '.IIpr,"td or Implied, conc'fr1ft\l~ tr.. occurocy. comDletencu reliability, Of sullobhlly of this dolo for any other porht:tAor UIl!' F'urthrrrnor.. lh. City of C1~ar""a1er PWA/E assume. no hab.llty whoh1oe~( os~o\ed wli" \he uu or ""15UH or 'SUl;t1 dolo r-___ I- --- / ---- --- -- L_ -- / - {--- ~ ---- -- ~------ -- -- -- -- -- 1 ---~ J...:~__ - -- --- --- ----~ ----- -- - ----:~"""'- ---:---- -- I- ---- --- / -- ---1- --- I -- /1----- ~ --_ ----- - -- --- I ___ __ 1--- ~_ r-' --~ ----- -- - / ---~=--- --- r-- -- --- L_ ---- I 1 J tIQ!E. Tt'lls Atlas r>c'ge Is subject '0 penodlc changes for W1fOfmol!Orl obOl.li lol.tl ,.-..isl'CIf1S pleaw call PWA!E 0- VISit our W~b slle LEGEND. @ BLOCK NUMBER 1234 LOT ADDRESS C:::J . . EB 100 200 I I 400 I 600 --.J SCALE 1" 400' CITY LIMITS LINE SHADED AREA - PROPERTY OUTSIDE CLEARWATER cny liMnS AGREEMENT TO ANNEX M DR ZONING DESIGNATION CITY OWNED PROPERTY -- --- --- --- - ZONE LINE RElQ'llJ<lC 0"0 [!] 5309 09/1&/9] III Sll1 0./1&/03 REVISED. 10/18/99 ZONING ATLAS' NE 1/4 OF SECTION 2688 9 - 29 S - 15 E 1:15 pm Case Number: FLD2004-ULVIO -- 503 MARSHALL ST Owner(s): 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER, FL 33755 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No EmaIl + . , . O~ FU~J N.. 1)I..c.. p,c,~,.,.. ~h,~ 'f'~ ..i Representative: HASHIM SULLAIMAN 1504 N GARDEN AVENUE CLEARWATER, FL 33755 TELEPHONE: 813-263-3139, FAX: 813-910-1285, E-MAIL: hsullaiman@ao1.com Location: 0.18 acres located at the southeast comer of North Fort Harrison Avenue and Marshall Street. Atlas Page: 268B Zoning District: C, Commercial Request: Flexible Development approval to permit retail sales and offices within an existing two-story commercial building with a reduction to lot area from 10,000 square feet to 7,720 square feet, a reduction to lot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to four feet, as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: RetaIl sales and services Neighborhood OLD CLEARW ATER BAY NEIGHBORHOOD Association(s): CLEARWATER, FL 33755 301 CEDAR STREET TELEPHONE: 461-1995, FAX: No Fax, E-MAIL: vmorgan@tampabay.rr.com Presenter: Wayne Wells, Senior Planner Attendees Included: CIty Staff: Wayne Wells, Chip Gerlock, Scott Rice, Tom Glenn, Joe Colbert Applicant/Representative: Hashim Sallaiman The DRC reviewed this application with the following comments: General Engineering: 1. Handicap access to the second floor? Address prior to CDB. PrIor to e.O.: 1) Impact fee for store required. 2) If food preparation on site, then a reduced pressure backflow preventor deVIce requITed before final mspection. Environmental: No Comments Fire: 1 . Plans submitted for Fire Review must reflect adherence to Florida Fire Prevention Code, 2001 Edition and the following Codes: NFPA 101,2000 Edition, NFPA 70, 1999 Edition and Florida Statute 633. Show on a Code Reference Sheet. PRIOR TO BUILDING PERMIT 2 . Beauty Salon IS claSSIfied as a Busmess use by both FlOrIda Buildmg Code and FlOrIda FITe Prevention Code. It is not a merchantile use. Correct all references to remove "beauty salon;" put m "beauty supply.". PRIOR TO CDB. 3 . The sheet 2/2 included with this case will require several corrections to meet current Fire Code requirements. PRIOR TO BUILDING PERMIT Harbor Master: No Comments Legal: No Comments Land Resources: Development Review Agenda - Thursday, April 1, 2004 - Page 24 tf 1 . Show the canopy of the 14" oak tree to remain prior to CDB. 2 . Show root prune lines where grade cuts occur under the canopy of the 14" oak prior to Building permIt. 3 . Show the palm tree to be removed prior to bUIlding permIt. Landscaping: 1 . Per Section 3-1204.H. Plants in the SIght triangles must be installed in accordance WIth the reqUIrements 10 ArtIcle 3, DIVISIOn 9 to minimize traffic hazards. "QV" IS 10 sight triangle along WIth plants that will grow to interfere WIth velucle safety. 2 . Ad a few pond cypress to the retention area as part of the penmeter requrrement. 3 . "QV" are too close together, space apart more to allow for growth or change to different tree speCIes. 4 . Relocate the three "CM" to a group location at the NW comer of the parking out of the sight trIangles. 5 . Per Section 3-1202.E.2. Foundation plantmgs shall be proVIded for 100% of a building facade with frontage along a street right of way, excluding space necessary for buIlding ingress and egress, WIthm a minimum five foot WIde landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of bUIlding facade and one shrub for every 20 square feet of requrred landscaped area. A mimmum of 50% of the area shall contain shrubs WIth the rema10der to be ground cover. SIde along Ft. Harrison does not show the required landscape area. Reduce SIdewalk width to accomodate for tlus condItIon. Parks and Recreation: No Comments Stormwater: I . 1. Provide stormwater calculatIOns using City of Clearwater Stormwater DeSIgn Cnteria method of calculat10g storage volume. Please stop by Public Works Administration for copy of criteria. 2. PrOVIde grading and dra10age plan WIth onsite proposed grades and elevatIOns. 3. Provide exist10g topography of the eleven parkIng spaces, if flow IS to the pond or new pavement is proposed, thIS area must be 10cluded 10 calculations. 4. Dehneate existing and proposed dra10age basins. 5. Subnut calculations for pond recovery within 24 hours. All plans and calculatIOns must be SIgned and sealed by Florida P .E. Engineer's name must be clearly pnnted or typed. The above comments must be addressed prior to CDB. The follow1Og comments shall be addressed prior to building permit: 6. Subnut SWFWMD permIt. 7. Provide erosion and sediment discharge controls on plan. Solid Waste: 1 . How will sohd waste be handled, dumpster locatIon must be shown and enclosure must be built to CIty specificatIons Traffic Engineering: 1 . 1. Include on the site plan a current city standard handIcapped sign. Fine must read $255 not $225. 2. Curb radius for driveway must be a minimum of28' not 20'. 3. Propoased driveway to be 125' from the eXIstIng intersection ofN. Fort Harrison and Marshall or provide cross access to adjacent property in order to utIhze existing access on Fort HarrisIOn. (Community Developemnt Code Section 3-103 b. c.; SectIon 3-102.c.3.). APPLICANT MUST PROVIDE A LETTER FROM A REGISTERED PROFESSIONAL ENGINEER TO TRAFFIC OPERATIONS DIVISION REQUESTING THE PROPOSED DRIVEWAY LOCATION AND INDICATING: 1) WHY THE PROPOSED ACCESSIDRIVEW A Y IS LOCATED ONLY 50' +/- FROM EXISITING INTERSECTION AND WHY NO OTHER ALTERNATIVE LOCATIONS ARE FEASIBLE? 2) PROVIDE JUSTIFICATION FOR SAFE INGRESS AND EGRESS FOR THE PROPOSED ACCESS POINT. 3/22/04 B E 4. Provide an accessible path from public sidewalk to build10gs entrance. 5. All of the above to be addressed pnor to CDB *Traffic Impact Fees to be determmed and paid prior to e.o. Planning: Development Review Agenda - Thursday, Apnl!, 2004 - Page 25 t: 1. 2. 3. 4. 5. 6 7. 8. 9. 10. 11. \ Need a sIgned affidavit from 1504 Garden Inc. (signed by President, vice President, etc.) giving Hashim Sullaiman authorlZation to be the agent for this owner. Revise the parcel number on the application to 9/29/15/55530/000/0100. Provide a separate landscape plan. The CIvil SIte Plan on Sheet 1/2 is too busy With informatIOn to read properly. Provide the dimension from the Marshall Street and North Fort Harrison Avenue property hnes to the closest proposed edge of pavement. Dunension from Marshall Street should be 14.81 feet or less (can't be 15 feet due to parking stall wIdth). Ensure surveys are included with the resubnuttal. PrOVIde a location map of the subject property. Remove from the left side of Sheet 1/2 the parkmg angle dIagram, parking table and A - F designations. These are unnecessary Information on the sheet, smce all proposed parking is 90 degrees. Provide the width of the standard parking spaces on-SIte (Code reqUIres mne feet wide spaces). ReVIse Note #1 in the nuddle of Sheet 1/2 to indicate that the shared parkmg agreement with the adjacent property owner for the 11 parking spaces has been recorded in OR Book 12480, Pages 323-326. Application states parcel size to be 7,720 square feet, yet Sheet 1/2 (under DemolitIOn SIte Plan) states 7,855 square feet. WhIch IS correct? Revise incorrect parcel size. ProVIde a SIte Data Table, including "existing," "proposed" and "reqUIred" in tabular form. Include land area, dwelling units, bUIldmg footprmt, gross floor area and floor area ratio, number ofparkmg and parking ratio, total paved area (vehicular use area), interior landscape area and percentage of the vehicular use area, bUIldmg height and impervious surface ratio. 12. Site plan mdlcates a three feet by 19 feet mdentation on the front of the buildmg facing Marshall Street. However, the building plans on Sheet 2/2 indicate this area is to be filled in for a closet. If such additional floor area is proposed, need to indIcate such addItion on the site plan and in the SIte data (assumed to also occur on second floor). This additional area must also be counted toward parking calculations. 13. Show on the site plan or on a separate utility plan all eXlstmg utilities (above ground and underground), including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines. 14. Unclear if "Land Resource Note" on left side of Sheet 1/2 is valid With this submiSSIOn. If not, remove note. Tlus is pOSSIbly unclear due to too much detail on the site plan (see comment #3). 15. Show location of all outdoor lighting fixtures. If to be located solely on the building, please place a note on Sheet 1/2. 16. Provide a proposed floor plan of each floor, also mdlcatmg the number of tenant spaces per floor. 17. Ensure on the SIte plan all trees to be preserved are indicated. 18. Provide typIcal plantmg detaIls for trees, palms, shrubs and ground cover plants, mcludmg instructions, soil mixes, backfilling, mulchmg and protective measures. 19. Provide lITIgation notes. 20. SIte plan indIcates for "Landscape Plan" notes in the bottom left comer of Sheet 1/2 that there is a Phase 1 and Phase 2. Different than pnor proposals, unclear if thIS stIll part of the proposal. 21. IndIcate exterior finish material and color on bUIldmg elevations. PrOVIde south and east buildmg elevations (fmlshed structure). Provide paint samples of proposed exterior colors of building. 22. ProVIde 8.5 x 11 mch colored renderings of site and landscape plans and buIlding elevations for presentation purposes at the Commumty Development Board (CDB) meeting. 23. Suggest freestanding sign be a monument type, a maximum of six feet high, coordinated with proposed landscaping, located outside of visibihty triangles and coordmated WIth the color and matenals of the building. This sign must mclude the address of the building. 24. CondItion to be suggested as part of staff report to CDB: That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This off-site dumpster shall be upgraded WIth appropriate bUIlding permits to be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for thIS site. 25. Condition to be suggested as part of staff report to CDB: That all apphcable buildmg permits be obtained for all work performed WIthout a pemut and receIve all final mspectIons prior to the Issuance of a Certificate of Occupancy. 26. CondItion to be suggested as part of staff report to CDB: That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and mspected pnor to the issuance ofa CertIficate of Occupancy. Development ReVIew Agenda - Thursday, Apnll, 2004 - Page 26 " If 27 CondItIon to be suggested as part of staff report to CDB: That usage of the second floor be lImited to offices, or uses of a similar parking requirement. 28. RevIse "Parking Notes" on Sheet 1/2 to mdIcate retaIl parking at five spaces per 1,000 square feet and office parking at four spaces per 1,000 square feet. The requIred parking is nine spaces for retail and eight spaces for office (second floor), for a total of 17 spaces. 29. Will need to revise application and fill out the Comprehensive Infill Redevelopment Project form. Need to request a reductIOn to the front (north) setback from 25 feet to 14 feet (to pavement). ThIS is due to four parkmg spaces at nine feet wIde each (total of 36 feet) and the lot wIdth of 50.81 feet (50.81 - 36 = 14.81 feet; not 15 feet). 30. Comment from CRT: There IS an actIve code enforcement case (CDC2003-00559) dealing with a stop work order for demolItion and construction of both floors of the mterior of the building without plans, pernuts or inspections. Other: No Comments Notes: To be placed on the 5/18/04 CDB agenda, sublTIlt 15 collated copies of the revised plans & application material addressmg all above departments' comments by noon, 4/15/04. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda - Thursday, April 1, 2004 - Page 27 , :15 pm ,i Case Number: FLD2004-02010 -- 503 MARSHALL ST Owner(s): 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER, FL 33755 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Emall ~. \. 0+ vtAPT' ~ ~~~ Representative: HASHIM SULLAIMAN 1504 N GARDEN AVENUE CLEARWATER, FL 33755 TELEPHONE: 813-263-3139, FAX: 813-910-1285, E-MAIL: hsullaiman@ao1.com Location: 0.18 acres located at the southeast comer of North Fort Harrison Avenue and Marshall Street. Atlas Page: 268B Zoning District: C, Commercial Request: Flexible Development approval to pennit retail sales and offices within an existing two-story commercial building with a reduction to Jot area from 10,000 square feet to 7,720 square feet, a reduction to Jot width (west) from 100 feet to 50.81 feet, reductions to the front (north) setback from 25 feet to 19 feet (to existing and proposed building) and from 25 feet to 14 feet (to pavement), a reduction to the front (west) setback from 25 feet to 15 feet (to pavement), reductions to the side (south) setback from 10 feet to one-foot (to existing and proposed building) and from 10 feet to zero feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from five feet to zero feet and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from five feet to four feet, as part ofa Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Retail sales and services Neighborhood OLD CLEARWATER BAY NEIGHBORHOOD Association(s): CLEARWATER, FL 33755 301 CEDAR STREET TELEPHONE: 461-1995, FAX: No Fax, E-MAIL: vrnorgan@tampabay.rr.com Presenter: Wayne Wells, Senior Planner Attendees Included: City Staff: Wayne Wells, Chip Gerlock, Scott Rice, Rick Albee, Joe Colbert Applicant/Representative: Hashim Sallaiman The DRC reviewed this application with the following comments: General Engineering: 1 . 1) Need a copy of the recorded amended agreement(s). 2) Handicap access to the second floor? All of the above to be addressed prior to D.O.. Pnor to C.O.: 1) Impact fee for convenience store required. 2) If food preparation on site, then a reduced pressure backflow preventor device required before final inspection. Environmental: No COJpments Fire: 1 . Plans submitted for Fire Review must reflect adherence to Florida Fire Prevention Code, 2001 Edition and the following Codes: NFP A 101, 2000 Edition, NFP A 70, 1999 Edition and Florida Statute 633. Show on a Code Reference Sheet. PRIOR TO BUILDING PERMIT . 2 . Beauty Salon is classified as a Business use by both Florida Building Code and Florida Fire Prevention Code. It is not a merchantile use. Correct all references. PRIOR TO CDB. 3. If Beauty Salon has a nail salon included in it, then further restrictions will be made due to hazardous chemical use and storage.PRIOR TO BUILDING PERMIT 4 . The sheet 2/2 included with this case will require several corrections to meet current Fire Code requirements. PRIOR TO BUILDING PERMIT Harbor Master: No Comments Legal: No Comments Development Review Agenda - Thursday, Apnll, 2004 - Page 24 , ~ Land Resources: 1 . Show the canopy of the 14" oak tree to remain prior to CDB. 2. Show root prune lines where grade cuts occur under the canopy of the 14" oak prior to Building permit. 3 . Show the palm tree to be removed pnor to building permit. Landscaping: 1 . Per Section 3-1204.H. Plants m the sight triangles must be installed in accordance with the reqUIrements in Article 3, DIvision 9 to minimize traffic hazards. "QV" is in sight triangle along with plants that will grow to interfere Wlth vehicle safety. 2 . Ad a few pond cypress to the retentIon area as part of the perimeter requirement. 3 . "QV" are too close together, space apart more to allow for growth or change to different tree speCIes. 4 . Relocate the three "CM" to a group location at the NW comer of the parking out of the sight triangles. 5 . Per Section 3-1202.E.2. Foundation plantings shall be provided for 100% of a building facade with frontage along a street right of way, excluding space necessary for building ingress and egress, within a minimum five foot wide landscaped area composed of at least two accent trees (or palm equivalents) or three palms for every 40 linear feet of building facade and one shrub for every 20 square feet of required landscaped area. A minimum of 50% of the area shall contain shrubs with the remainder to be ground cover. Side along Ft. Harrison does not show the required landscape area. Reduce sidewalk width to accomodate for this condition. Parks and Recreation: No Comments Stormwater: 1 . 1. Provide stormwater calculations using City of Clearwater Stormwater Design Criteria method of calculating storage volume. Please stop by Public Works Administration for copy of criteria. 2. Provide gradmg and drainage plan with onsite proposed grades and elevations. 3. Provide existing topography of the eleven parking spaces, if flow is to the pond or new pavement is proposed, this area must be included in calculations. 4. Delineate existing and proposed drainage basms. 5. Submit calculations for pond recovery within 24 hours. All plans and calculations must be signed and sealed by Florida P.E. Engineer's name must be clearly printed or typed. The above comments must be addressed prior to CDB. The following comments shall be addressed prior to building permit: 6. Submit SWFWMD permit. 7. Provide erosion and sediment discharge controls on plan. Solid Waste: 1 . How will solid waste be handled, dumpster location must be shown and enclosure must be built to city specifications Traffic Engineering: 1 . 1. Include on the site plan a current city standard handicapped sign. Fine must read $255 not $225. 2. Curb radius for drIveway must be a minimum of28' not 20'. 3. Propoased driveway to be 125' from the existing intersection ofN. Fort Harrison and Marshall or provide cross access to adjacent property in order to utdize existing access on Fort Harrision. (Community Developemnt Code Section 3-103 b. c.; Section 3-102.c.3.). APPLICANT MUST PROVIDE A LEITER FROM A REGISTERED PROFESSIONAL ENGINEER TO TRAFFIC OPERATIONS DIVISION REQUESTING THE PROPOSED DRIVEWAY LOCATION AND INDICATING: 1) WHY THE PROPOSED ACCESSIDRIVEW A Y IS LOCATED ONLY 50' +/- FROM EXISITING INTERSECTION AND WHY NO OTHER ALTERNATIVE LOCATIONS ARE FEASffiLE? 2) PROVIDE JUSTIFICATION FOR SAFE INGRESS AND EGRESS FOR THE PROPOSED ACCESS POINT. 3/22/04 B_E 4. Provide an accessible path from public sidewalk to buildings entrance. 5. All of the above to be addressed prior to CDB *Traffic Impact Fees to be determined and paid prior to C.O. Development Review Agenda - Thursday, April 1 , 2004 - Page 25 \ , " Planning: 1. Need a signed affidavit from 1504 Garden Inc. (signed by President, Vice President, etc.) gIving Hasmm Sullaiman authorization to be the agent for this owner. 2. Revise the parcel number on the application to 9/29/15/55530/000/0100. 3 . Provide a separate landscape plan. The CivIl SIte Plan on Sheet 1/2 is too busy with information to read properly. 4. Provide the dimension from the Marshall Street and North Fort Harrison Avenue property lines to the closest proposed edge of pavement. Dimension from Marshall Street should be 14.81 feet or less (can't be 15 feet due to parking stall width). 5 . Ensure surveys are mcluded with the resubmittal. 6. Provide a location map of the subject property. 7 . Remove from the left side of Sheet 1/2 the parking angle diagram, parking table and A - F designations. These are unnecessary information on the sheet, since all proposed parkmg is 90 degrees. 8 . ProvIde the width of the standard parking spaces on-SIte (Code requires nine feet Wlde spaces). 9 . Revise Note #1 in the middle of Sheet 1/2 to indicate that the shared parking agreement with the adjacent property owner for the 11 parking spaces has been recorded in OR Book 12480, Pages 323-326. 10. Provide a copy of the recorded Addendum to Access, Egress and Usage Agreement. Add the OR Book and Page to Note #1 (see Comment #9 above). 11. Application states parcel size to be 7,720 square feet, yet Sheet 1/2 (under Demolition Site Plan) states 7,855 square feet. Which is correct? Revise incorrect parcel size. 12. Provide a Site Data Table, including "existing," "proposed" and "required" in tabular form. Include land area, dwelling units, building footprint, gross floor area and floor area ratio, number of parking and parking ratio, total paved area (vehicular use area), interior landscape area and percentage of the vehicular use area, building height and impervious surface ratio. 13. Site plan indicates a three feet by 19 feet indentation on the front of the building facing Marshall Street. However, the building plans on Sheet 2/2 indicate this area is to be filled in for a closet. If such additional floor area is proposed, need to indicate such addition on the site plan and in the site data (assumed to also occur on second floor). This additional area must also be counted toward parking calculations. 14. Show on the site plan or on a separate utility plan all existing utilities (above ground and underground), including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines. 15. Unclear if "Land Resource Note" on left side of Sheet 1/2 is valid with this submission. If not, remove note. This IS possibly unclear due to too much detail on the site plan (see comment #3). 16. Show location of all outdoor lighting fixtures. If to be located solely on the building, please place a note on Sheet 1/2. 17. Provide a proposed floor plan of each floor, also indicating the number of tenant spaces per floor. 18. Ensure on the site plan all trees to be preserved are indicated. 19. Provide typical planting details for trees, palms, shrubs and ground cover plants, including instructions, soil mixes, backfilling, mulching and protective measures. 20. Provide irrigation notes. 21. Site plan indicates for "Landscape Plan" notes in the bottom left comer of Sheet 1/2 that there is a Phase 1 and Phase 2. Different than prior proposals, unclear if this still part of the proposal. 22. Indicate exterior finish material and color on building elevations. Provide south and east building elevations (finished structure). Provide paint samples of proposed exterior colors of building. 23. Provide 8.5 x 11 inch colored renderings of site and landscape plans and building elevations for presentation purposes at the Community Development Board (CDB) meeting. 24. Suggest freestanding sign be a monument type, a maximum of six feet high, coordinated with proposed landscaping, located outside of visibility triangles and coordinated with the color and materials of the building. This sign must include the address of the building. 25. Condition to be suggested as part of staff report to CDB: That this site share the dumpster on the property to the east, through appropriate agreements with the City and the abutting property owner. This off-site dumpster shall be upgraded with appropnate building permits to be properly located and screened to meet City requirements prior to the issuance of a Certificate of Occupancy for this site. 26. Condition to be suggested as part of staff report to CDB: That all applicable building perrmts be obtamed for all work performed without a permit and receive all final inspections prior to the issuance ofa Certificate of Occupancy. Development Review Agenda - Thursday, April I, 2004 - Page 26 i 27. Condition to be suggested as part of staff report to CDB: That all appropriate permits be obtained to upgrade parking on the parcel to the south and all work be completed and inspected prior to the issuance of a Certificate of Occupancy. 28. Condition to be suggested as part of staff report to CDB: That usage of the second floor be limited to offices, or uses of a similar parking requirement. 29. Revise "Parking Notes" on Sheet 1/2 to indicate retail parking at five spaces per 1,000 square feet and office parking at four spaces per 1,000 square feet. The required parking IS nine spaces for retaIl and eight spaces for office (second floor), for a total of 17 spaces. 30. Will need to revise application and fill out the Comprehensive Infill Redevelopment Project form. Need to request a reduction to the front (north) setback from 25 feet to 14 feet (to pavement). This is due to four parking spaces at nine feet wide each (total of36 feet) and the lot width of50.81 feet (50.81 - 36 = 14.81 feet; not 15 feet). 31. Comment from CRT: There is an active code enforcement case (CDC2003-00559) dealing with a stop work order for demolition and construction of both floors of the interior of the building without plans, permits or inspections. Other: No Comments Development Review Agenda - Thursday, April 1, 2004 - Page 27 ,:-~ ~fpjU~ KLEIN &HEUCHAN,IN€ \~~ REALTORS '-, Commercialj Investment/ Real Estate Services LO-457 RETAIL I OFFICE DOWNTOWN CLEARWATER NEWLY RENOVATED . ~ tl A i 10. i J l! n:;"I'I"I11Nm'~l,;;ir:r:ll' ;: t i L.~1J,;.~~1';';; *~J-llJJ..t, _ J ~ i I If: I ~ i / / ,j / ~ ~ I I:! ~ 1 1 ~ !.. ~ I <.' @ I :". '_ ,,' I @ " ; ,[@] ", ; fi'!T!'1'.Tj JF;JTP"~lTll;, ' ~ ,Li..3.IJJ 1_J.;,14....~ "b_'.U.tv... ~ Z 503 MARSHALL ST. CLEARWATER, FL 33755 · GOOD PARKING . NEWLY RENOVATED · CLOSE TO DOWNTOWN . ABUNDANT STORAGE · BETWEEN MYRTLE AVE. & FT. HARRISON · LEASE RATE: $14.00/SF NNN - GROUND $ 8.00/SF NNN - 2ND FLOOR l [@]' " " /' , . , J i i -~-.ql'" ",,-'" ., "III '-:"" "TI'..,..-.-"l D )iJ1~J 11L:~ lqi :. tl lt~lJJJd.utUiiJll ~ -, JrD~-:""'- I ,,' ,.,- " I.,,~ , _ _ __ _ . ~ ~: ~ @ D 2040 N.E. Coachman Road, Clearwater, Flonda 33765 Telephone 11727/441-1951 [B PfAllOP INDIVIDUAL MEMBERSHIP . Revised 7 -15-03 ADDRESS: 503 Marshall St. Clearwater, FL PROPERTY OVERVIEW LO-457 LOCATION: Ft. Harrison N. to Marshall St. Between Ft. Harrison and Garden Ave. LAND AREA: 7, 750 SF MOL DIMENSIONS: 150' X 50' ZONING: Commercial General - City of Clearwater LAND USE: CG, City of Clearwater .' FLOOD ZONE: "X" No flood insurance req. IMPROVEMENTS: 1,549 SF 1st Floor 1,553 SF 2nd Floor YEAR BUILT: New Renovation 2003 LEGAL DESCRIPTION: Marshalls EA SUB PARKING: 4 spaces per 1,000 SF UTILITIES: Water & Sewer - City of Clearwater Electric - Progress Energy PRESENT USE: Vacant TAXES: $3,679.99 (2003) 2 buildings PARCEL 10 #: 092915555300000100 LEASE RATE: $14.00/SF NNN Retail, Upstairs storage $8.00/SF NNN TRAFFIC COUNT: 21,236 vehicles per day NOTES: Newly renovated space. Open floor plan with excess space on 2nd floor. KEY HOOK#: N/A SIGNAGE: 3 x 4 ASSOCIATE: Harvey Simon LISTING CODE: LO-457-3-22 SHOWING INFORMATION: Under construction. Call Listing agent. PROJECT SIZE: 3,102 SF LEASING INFORMATION SPACE AVAILABLE: 1,549 SF 1st Floor 1,553 SF 2nd Floor OCCUPANCY: Upon completion of renovation PARKING: 4 per 1,000 RENT: $14.00/SF NNN - 1st Floor $8.00/SF NNN - 2nd Floor ESCALATION: 3% / year OTHER CHARGES Real Estate Taxes Insurance Trash Exterior Maintenance Interior Maintenance Water Management Electric LESSOR LESSEE X X X X X X X X MINIMUM TERM: 2 years SIGNAGE: To be determined The information contained herein was gathered from sources beheved reliable; however, Klein & Heuchan, Inc., or Its agent, cannot be responsible for errors, omissions, changes, withdrawal, or prior sale. Community Response Team Planning Dept. Cases - ORC Case No. -r1-~ Zoot{ - 0 ~CJ I () Meeting Date: 1- 0 / - 'U)a4 Location: 50.3 rnAf1,sU{l..c-L ST o Current Use: VA.<!-,q,..jT ----;:SVI ~l 'N(j o Active Code Enforcement Case (~ CDC!.-'Loo~- oos-s-c; S7lJ1l1V0flL0l2l82. o Address nUmber~(nO) (vacant land) o LandscaPineO) o Overgrown (yes) @ o Debris 6iJno) o Inoperative vehicle(s) (yes)~ o Building(s) (gOOd)B(poor) (vacant land o Fencing (none) (good) (dilapidated) (b en and/or missing pieces) o Paint (good) (fair) (~gariSh) o Grass Parking (yes~ o Residential Parking Violations (yeSe o Signag~Ok) (not ok) (billboard) o Parking (n/a) (striped) (handicapped) (needs repaving) o Dumpster (enclosed) (not enclosed) o Outdoor storageo) Comments/Status Report (attach any pertinent documents): Date:6'~.ot.( Reviewed by: A<f:?t.JuD Revised 03-29-01; 02-04-03 Telephone: S~2 -'(7/ f CASE SUMMARY CDC2003-00559 503 MARSHALL ST '_"''''"#1 .1':t:AI"ltt'.....,.. \~~~. '~x.. 'N' !f{/ft~~ :(l: ..J.,~ ,\ >e ~ "C'!lIF. ~,._~' .~. ':.r:~ -:~ ~: ~'. --.. ~ ~ ~/};--:'~ ,,"..f:S'. ..7j,n "'_uJ' ~""'~' .........*,~TER"..t' ",.- CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVE. CLEARWATER, FLORIDA 33756 PHONE (727) 562-4567 FAX (727) 562-4576 SWO DEMOLITION AND CONSTRUCTION OF INTERIOR / 2 FLOORS NO PLANS, PERMITS OR INSPECTIONS PEOPLE Role: Owner/Property 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER, FL 33755 PHONE: No Phone FAX: No Fax CONDITIONS 47.083 No Permit Not Met Work commencing before permit issuance. 47.111 Required Inspections Not Met The permit holder or his agent shall request a final inspection upon completion of the work, or other inspections as required by permit, in a timely manner. -- , ....) . ReViewed By r:\Forms\lnfoSummary .rpt CDC2003-00559 503 MARSHALL ST .... fI'"'"' ACTIVITIES Date 1 Date 2 Date 3 Disp Done By VIOlation Verified 2/5/2003 Complaint ReceIved 2/5/2003 ImtIal Inspection 2/5/2003 2/5/2003 FAIL swo prepared on 02/05/2003 and posted on 02/06/2003 photos taken and placed on "s" dnve at 503 Marshall Street address ReinspectIon 2/19/2003 r:\Forms\lnfoSummary.rpt .. PiI,,<:llas County Property Apprn;"er Information: 0929 15 5553000001 r\() Page 2 of6 09 / 29 / 15 / 55530 / 000 / 0100 I1-Har- Z 0 04 JiM SMith, CFA Pinellas County Property Appraiser 12::11:45 Ownership InforMation Non-Residential P rope rty Add ress. Use. and Sales 1504 GARDEN INC OBK: 11141 OPG: 1534 1504 N GARDEN AUE CLEARWATER FL 3315 5- Z4 3Z COMparable sales value as Prop Addr: 1505 N FT HARRISON AUE of Jan 1, 2003, based on Census Tract: Z61.00 sales froM 2001 - 2002: 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/IMp Plat InforMation lZ/Z.001 11.141/1. 534 315.000 (H) I 1911 : Book OH1 Pgs 011- 1 /1. 991 9.161/ 285 11.500 (U) I 0000: Book Pgs - 1 /1. 996 9.Z31/1.Z91 12:5.000 (U) I 0000: Book Pgs - 11/1.984 5.811/ 110 145.400 (Q) I 2003 Value EXEMPTIONS Just/Market: 115.000 HOMestead: 0 Ownership % .000 Historic : 0 Use %: .000 Assessed/Cap: 115.000 Tax ExeMpt %: .000 Other ExeMp t : 0 Taxable: 115.000 Agricultural: 0 2003 Tax InforMation Land InforMation District: CW Seawall: Frontage: Clearl.llate r View: 03 Mi llage : Z3.0851 Land Size Unit Land Land Land Front x Depth Price Units Meth 03 Taxes: 4.039.89 1) 50 x 155 4.00 1.150.00 S Special Tax .00 2) 0 x 0 .00 .00 3) 0 x 0 .00 .00 Without the Save-Our-HOMes 4) 0 x 0 .00 .00 cap, 2003 taxes will be : 5) 0 x 0 .00 .00 4.039.89 6) 0 x 0 .00 .00 Without any exeMptions, Total Land Value: 31.000 2003 taxes will be : 4.039.89 Short Legal MARSHALL'S. E. A. SUB LOT 10 & W I/Z OF UAC Description ALLEY ON E L Building Information . Building 1 . Building:2 http://pao.co.pinellas.f1.us/htbin/cgi-scr3?0=I&a=l&b=1 &c= 1 &r=.16&s=4&t3= 1 &u=O&p... 3/11/2004 Pil~llas County Property Appr~~~er Information: 0929 15 555300000' (If) Building #1 Page 3 of6 09 / 29 / 15 / 55530 / 000 / 0100 :01 II-Har-2004 JiM SMith, CFA Pinellas County Property Appraiser 12:11:48 COMMercial Card 01 of 2 IMproveMent Type: Duplex/Triplex Property Address: 1505 N FT HARRISON AUE Prop Use: 330 Land Use: 17 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Party Wall Structural FraMe Roof FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Total Units Continuous Footing Wood W/ Subfloor Frallle Stucco o None None Gable 8c Hip COlllposition Shingle Average Carpet COlllbination D ry lIIal I o Heating & Air Heating8cCooling Pckg Fixtures 4 Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation None Ave rage Rectangle Ave rage L 906 40 o o o Sub Areas Description Factor Area Description Factor Area 1) Base A rea 1. 00 L 880 7) .00 0 2) .00 0 8) .00 0 3) .00 0 9) .00 0 4) .00 0 10) . 00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) PATIO/DECK 1600 SF 3.00 1.600 0 1.920 L 945 2) FENC E 45LF 8.00 45 0 190 L 985 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 2.110 Building #2 http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=l&a= 1 &b= 1 &c= 1 &r=.16&s=4&t3= 1 &u=O&p... 3/11/2004 Pil1~llas County Property Apprn;"er Information: 0929 15 5553000001 Ilf) Page 4 of6 09 / 29 / 15 / 55530 / 000 / 0100 :02 II-Mar-2004 JiM SMith, CFA Pinellas County Property Appraiser 12:11:49 COMMercial Card 02 of 2 IMproveMent Type: Offices Property Address: 503 MARSHALL S1 Prop Use: 330 Land Use: 17 Structural Elements Foundation Floor SysteM Exterior Wall Height Factor Par ty Wall Structural FraMe Roof FraMe Roof Cover Cabinet & Mill Floor Finish Interior Finish Total Units Continuous Footing Slab on Grade Concrete Block o None Masonry Pillar&Steel Bar Joist/Rigid Fram Built Up/Metal/Gyps None Carpet Combination o ry lIJal I o Heating & Air Heating&Cooling Pckg Fix tures 2 Bath Tile Electric Shape Factor Quality Year Built Effective Age Other Depreciation Function Depreciation EconoMic Depreciation None Ave rage Rectangle Ave rage 1. 965 35 o o o Sub Areas Description Factor Area Description Factor Area 1) Base A rea 1. 00 1. 743 7) .00 0 2) Canopy .25 57 8) .00 0 3) Upper Stry Base Area .90 1. 800 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Commercial Extra Features Description DiMensions Price Units Value RCD Year 1) ASPHALT 1200 SF 1. 50 1. 200 0 1. 800 999 2) .00 0 0 0 0 3) .00 0 0 0 0 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 1.800 Map With Property Address (non-vacant) [B~[1][f]~~ http://pao.co.pinellas.fl. us/htbin/cgi-scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r= . 16&s=4&t3= 1 &u=O&p... 3/11/2004 Pin~ellas County Property Appr~:"er Information: 0929 155553000001 At) Page 5 of6 )>00 CD .. UJ Ibel bUr < (I) "---- MY RT L E 1\..11 ~~E$ Dl,,* 1610 > ~VE DR -. ji()~ M'I'RTLE l G"O AVE lUIIo "~'fn MINN ,i) r~': ...... C\J m 11309 ~ ul t\AY RTLE I\.'~' AVE .8. vE I )-7-- ! 1406 : 0 LA----l FT FE / HARR ISN~ ----- / r------.. , ----- A /1 III 02 r-T ;' H.8.RR I SO~J )> LV -- ,. ~,,:/ ~, . <( -~I ~ '.,. .., ~ ,,- , -, MARSH~ C, ' 'r, C' 60 6(. tvlA ~ : J lLJ ...J t- o:: >- ~ I@ID~ r~:~E LWJ G~t ~ ~ 1/8 Mile Aerial Photograph (2002) http://pao.co.pinellas.fl.us/htbinlcgi-scr3?0=I&a=l&b= 1 &c= 1 &r=.16&s=4&t3=1 &u=O&p... 3/1112004 Pil1.,.,.ellas County Property App"-' ~er Information: 0929 15 5553000001 Ai) Page 6 of6 Pinellas County Property Appraiser Parcel Information Back t9uS~ar~h page An explanation of this screen http://pao.co.pinellas.fl. us/htbin/cgi -scr3 ?o= 1 &a= 1 &b= 1 &c= 1 &r= . 16&s=4&t3= 1 &u=O&p... 3/11/2004 ~' . '- CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Flonda, will hold public hearings on Tuesday, January 18,2005, beginning at 2:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, 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 bv the applicant. staff. neil!hborinl! property owners. etc. will be placed on a consent al!enda , and approved bv a sinl!le vote at the bel!inninl! of the meetinl!. LY(cont. from 12/14/04) 1504 Garden Inc. is requesting a FleXible Development approval to permit retail sales within an existmg two-story commercial building with a reductIOn to lot area from 10,000 sq ft to 7,720 sq ft, a reduction to lot width (west) from 100 ft to 50.81 ft, reductions to the front (north) setback from 25 ft to 19 ft (to existing and proposed building) and from 25 ft to 5 ft (to proposed pavement), a reduction to the front (west) setback from 25 ft to 15 ft (to proposed pavement), and reductions to the side (south) setback from 10 ft to I ft (to existing and proposed building) and from 10 ft to zero ft (to proposed pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C, and a reduction to the landscape buffer along the south property Ime from 5 ft to zero ft and a reduction m the width of the required foundation landscapmg adjacent to the bUlldmg (west side) from 5 ft to 3.75 ft, as part of a Comprehensive Landscape Program, under the provisions ofSec 3-1202.G. (Proposed Use: Retail sales and services) at 503 Marshall St., E.A. Marshall's Sub, Lot 10 & W Y2 ofvac alley on E. Presenter: Wayne M. Wells, AICP, Planner III. FLD2004-02010 - 2. (cont. from 12/14/04) Clearwater Bav Marina. LLC is requesting a Flexible Development approval to permit 133 attached dwelling units and an increase in the permitted height from 30 ft to 100 ft (as measured from base flood elevation and the mean elevation of the site) under the provisions of Sec 2-903.B. (Proposed Use: 133 attached dwelling units) at 900 North Osceola Ave, lA. Gorra's Sub, Blk 2, Lots 2&3, part of Lot I and VAC Nicholson St, Sue Barco Sub, Lots I, 13&14, Lot 23, part of Lot 22, F.T. Blish's Sub, Lots 1-3, Lots 8-10 and tnnglland to West, Sec. 09-29-15, M&B 14.01. Presenter: Mark T. Parry, Planner III. FLD2004-07053 3. Florence Enterprises. LLC is requesting a (I) Flexible Development approval to permit 8 attached dwellings (townhomes) with a reductIOn to the front (west) setback from 15 ft to 11.3 ft (to building), reductions to the rear (east) setback from 20 ft to 8.52 ft (to the northeast comer of the ground floor of the building), from 20 ft to 5.52 ft (to ground floor stoop) and from 20 ft to 8.02 ft (to second through fourth floor balconies), an mcrease to building height from 35 ft to 37 ft (to roof deck) with an additional 4 ft for perimeter parapets (from roof deck) and an additional 12.67 ft for a rooftop pavilion (from roof deck) 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 Sec 2-803.C, (2) Transfer of Development Rights for 1 dwelling unit from 200 Brightwater Dr, under the provisions of Sec 4-1403 (TDR2004-08009) and (3) Prehmmary Plat approval for 8 townhome lots (PLT2004-00004). (Proposed Use: 8 attached dwellings (townhomes) at 605 Poinsettia Ave. Mandalay Replat, Umt 5, Lots 11&12. Presenter: Wayne M. Wells, AICP, Planner III. FLD2004-04029 4. La Salle Realty. LLC is requesting a Flexible Development approval to penmt a nomesidential off-street parking lot in the Low MedIUm DenSity Residential Distnct, under the prOVisions of Sec 2-204.C. (Proposed Use: Non-residential off- street parking) at 25191 US 19 N. Chautauqua-Sec A, Units 2-3-4, Blk 35, Lots 1-9, 24-32, and part of V AC Rd W, Chautauqua-Sec A, Unit 1, Blk 36, Lots 1-5,28-32, and parts of Lots 6 & 27. Presenter: Wayne M. Wells, AICP, Planner III. FLD2004-08061 5 Decade Gulfcoast Hotel Partners and J K Gulfview. LLC are requestmg (I) Termination of Status of a Nonconformity for denSity (existing 289-rooms/units overnight accommodatIOn use - to be converted to 241-rooms/units overnight accommodation use and 36 dwelling umts), under the provisions of Sec 6-109; (2) FleXible Development approval to permit a mixed use (241-unit overnight accommodation use (mcludmg accessory restaurant, retail sales and wave runner business], 38 attached dwellings, a restaurant and an office use) with reductions to the front (north) setback from 15 ft to 3.52 ft (to existmg pavement), a reduction to the side (east) setback from 10 ft to 2.95 ft (to existing pavement), an increase to buildmg height from 35 ft to 128 ft (to highest roof deck) With an additional 16 ft for the pinnacle facade focal point (from highest roof deck) and with a deviatIOn to allow direct access to a major artenal street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; and (3) Transfer of Development Rights for two dwelling units from 850 Bayway Blvd, under the prOVisions of Sec 4-1403 (TDR2004-09011). Proposed Use: Mixed use (241-unit overnight accommodatIOn use with accessory restaurants and retail sales and 38 attached dwellings .. [condomimum]) at 521 S Gulfview Blvd., Sec 17-29-15, M&B 22.02. Presenter: Wayne M. Wells, AICP, Planner III. FLD2004-04025 6. Hi!!hland Prop Gulfcoast. LTD (Crown Eurocars, Inc.) are requesting a Flexible Development approval to permit vehIcle sales and display with a reduction to the front (east) setback from 25 ft to 15 ft (to pavement), a reduction to the side (north) setback from 10 ft to 5 ft (to existmg pavement), a reduction to the side (south) setback from 10 ft to 6 ft (to existing pavement), an increase to building height from 25 to 26 ft (to flat roof deck) WIth an additional 4 ft for an archItectural embellishment (from roof deck) and deVIations to pennit the outdoor display of vehicles and to permIt direct access to a major arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C, and a reduction to the width of the required foundation landscapmg adjacent to the bUIlding from 5 ft to I ft, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Vehicle sales and display) at 18940 US 19 N. Sec 19-29-16, M&B 41.05. Presenter: Keyl Groff, Planner II. FLD2004-10074c 7. 302-308 N Osceola Properties. LLC, Osceola-Jones Properties LLC, Salvation Armv (Triangle Property Development, LLC) are requestmg a Flexible Development approval to permit 191 attached dwellmg units, a reduction in required parking from 371 parking spaces (1.5 spaces per dwelling unit and 4 spaces per 1,000 sq ft GFA for non-residential uses as required by Code) to 343 spaces (1.5 spaces per dwelling unit or 290 spaces, 2.55 spaces per 1,000 sq ft GFA for office uses or 53 spaces and zero spaces for the retail uses), an increase in the permitted height from 30 ft to 150 ft to the roof and up to 174 ft to archItectural embellishments for the portion of the site on the west side of North Osceola Ave, an increase in height from 30 ft to 50 to the roof and up to 58 ft to architectural embellishments for the portion of the site on the east SIde of North Osceola Ave and an increase of the permitted density from 145 dwelling units to 191 dwelling units by usmg 45 dwelling Ull1ts from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-903.C. (Proposed Use: Mixed use (191 attached dwelling units and approximately 20,000 sq ft of retail and office uses), at 400 Jones St. Jones' Sub of NIcholson's Add to Clearwater Harbor, Blk 2, Part of Lots 1 & 2, A.B. & Jennie Cate's Sub, Lots 1-7 & V AC Alley & Bergen's Replat, Blk A & B & VAC Alley, Sec 09-29-15, M&B 43.03, Sec 09-29-15, M&B 43.06, Clovis C. Lutz Sub, Tracts A & B & submerged land Deed # 17377 & lOft strip of land adj N & submerged land. Presenter: Mark T. Parry, Planner III. FLD2004-05037 "(i)Nikieh Properties LLC is requesting a Flexible Development approval to permit retail sales and services with a reduction to the front (west) setback from 25 ft to 15 ft (to pavement), a reductIOn to the front (south) setback from 25 ft to 9.5 ft (to pavement), a reduction to the SIde (north) setback from 10 ft to 5 ft (to building and pavement) and reductions to the side (east) setback from 10 ft to 5 ft (to building) and from 10 ft to I ft (to sidewalk), and an increase in building height from 25 ft to 38 ft (to roof peak for decoratIve archItectural design), and a reduction in required parking from 44 spaces to 36 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C, and to allow 2 landscape islands to be less than 8 ft wide (from back of curb to back of curb) as a ComprehenSIve Landscape Program, under the provisions of Sec 1202.0. (Proposed Use: RetaIl sales and services), at 21557 US 19, Sec.08-29-16, M&B 33.06. Presenter: Michael H. Reynolds, AICP, Planner III. FLD2004-10075 -. 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 heanngs. Any person who decides to appeal any deciSIOn made by the Board, with respect to any matter considered at such hearings, will need to request and obtain party status by the Board during the case discussion, 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 Flonda Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board If person requesting such demonstrates that s/he is substantIally affected. Party status entItles parties to: personally testify, present evidence, argument and witnesses, cross-examme witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing all participants in public hearing cases. If you wish to speak please wait to be recogmzed, then state and spell your name and prOVIde your address. Persons speaking before the COB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authonze a reasonable amount of tIme up to 10 minutes. FIve days prior to the meeting, staff reports and recommendations on the above requests WIll be avaIlable for reVIew by mterested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development ReVIew Manager, at 562-4557 to dISCUSS any questions or concerns about the project and/or to better understand the proposal and reVIeW the site plan. .. This notIce was sent by the OfficIal Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk Cyndi Tarapani 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. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 01/02/05 5D3 rf)~ -J/~OOAj -DO?O/O w tV 4 CLEARWATER, CITY OF CONNORS, CARRIE L 1504 GARDEN INC 112 S OSCEOLA AVE 2500 WOODLAND PARK DR # L- 1504 N GARDEN AVE PO BOX 4748 206 CLEARWATER FL 33755 - 2432 CLEARWATER FL 33758 - 4748 HOUSTON TX 77077 - 3259 TROISI, DANIEL J 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 PEARSON, DAVID H PEARSON, DANIEL A 1625 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 GIERYN, DOUGLAS 403 MARSHALL ST CLEARWATER FL 33755 - 2437 JUDY, FRED M 1401 NMYRTLEAVE CLEARWATER FL 33755 - 2546 FRANKLIN, LINDA G KELLY, GEORGE L 1500 N OSCEOLA AVE CLEARWATER FL 33755 - 2445 CROZIER, MELODY J 1409 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 MAAS, TODD T 3000 GEIGER CT CLEARWATER FL 33761 - 2004 WALTERS, ROBERTJR 615 MINNESOTA DR CLEARWATER FL 33755 - 2540 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 BORTKO, WILLIAM E 1614 N OSCEOLA AVE CLEARWATER FL 33755 - 2447 TREMMEL, JAMES H 1411 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CRUZ, EDWARD P CRUZ, NINA M 1401 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 ANDERSON, EDWARD H 604 MARSHALL ST CLEARWATERFL 33755 - 2531 LARKIN, NEDRA K H 602 MARSHALL ST CLEARWATER FL 33755 - 2531 ROSADO, WILLY P ROSADO, MARIE LA P 1417 N OSCEOLA AVE CLEARWATERFL 33755 - 2444 , EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 WILLIAMS, WAYNE WILLIAMS, EMILY 1611 SUNSET DR CLEARWATER FL 33755 - 2459 PARLOR, KATHLEEN PARLOR, GREGORY D 1415 SUNSET DR CLEARWATER FL 33755 - 2454 VINCA, SELIM 1450 MARJOHN AVE CLEARWATER FL 33756 - 2431 SZABO, ELIZABETH S 1603 N OSCEOLA AVE CLEARWATERFL 33755 - 2448 LAHRSEN, TRACY J 1413 N OSCEOLA A VB CLEARWATER FL 33755 - 2444 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 LAMBERT, MALVIN H 1271 WOODLAWN TER CLEARWATERFL 33755 -1154 SERGEANT ALLEN MOORE COMMUNITY PTNSHIP INC 1201 N BETTY LN CLEARWATER FL 33755 - 3306 , SHANNON, DONNA F 1411 SUNSET DR CLEARWATER FL 33755 - 2454 MOUNTENA Y, JOAN L 1415 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CONNORS, MARTIN J 1410 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 HERIT AGE CONDO ASSN INC WORLD LITERACY CRUSADE TREMMEL, JAMES H 2905 W BAY DR PIN CTY 1411 N OSCEOLA AVE LARGO FL 33770 - 2621 1611 N FT HARRISON AVE CLEARWATER FL 33755 - 2444 CLEARWATER FL 33755 - 2425 OKUBOYE, JULIUS A CONTRYMAN, KAREN M PICCONE, CHRISTOPHER 600 N OSCEOLA AVE 9035 PENNANT CT PICCONE, ANNE N CLEARWATER FL 33755 - 3838 NEW PRT RCHY FL 34654 - 3431 608 LAKE CYPRESS CIR OLDSMAR FL 34677 - BLUNT, ODELL G SR BRASWELL, REGINALD STICKLER, SARA L BLUNT, ODELL E JR EST 1609 N MYRTLE AVE QUEEN, JOHN-BEAU 1020 APACHE TRL CLEARWATER FL 33755 - 2550 PO BOX 165 CLEARWATER FL 33755 - 1801 OAK HILL NY 12460 - 0165 HANCOCK, MARY N CARTER PROPERTIES INC RELIGIOUS COMMUNITY HANCOCK, HARRY LYNCH, LINDA TRE SERVICES INC J 152 PALMETTO RD 361 WEKIV A COVE RD 1855 S HIGHLAND AVE CLEARWATER FL 33756 - 1428 LONGWOOD FL 32779 - 5647 CLEARWATERFL 33756 -1750 IRLE, WIELAND MC KINNEY, LEROY HARRIS, CHARLIE IRLE, YVONNE M MC KINNEY, HENRY T 1417 PINEBROOK DR 1402 N FORT HARRISON AVE 607 MARSHALL ST CLEARWATER FL 33755 - 3439 CLEARWATER FL 33755 - 2420 CLEARWATER FL 33755 - 2532 WHITNEY, ROBERT JA TT ANSINGH, MOHAN JOHNSON, SHAWN L WHITNEY, CRESCENSA 1867 NUTHATCH WAY 619 MINNESOTA DR 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 6666 CLEARWATER FL 33755 - 2540 PALM HARBOR FL 34683 - 5838 JACKSON, JOHNNY S JR BURNEY, MILDRED COSTA, CATALINA JACKSON, MARIAN J 1749 JADE AVE 1605 N OSCEOLA AVE 609 MINNESOTA DR CLEARWATER FL 33755 - 1933 CLEARWATER FL 33755 - 2448 CLEARWATER FL 33755 - 2540 JA TT ANSINGH, MOHAN COEUR DE LION INC EWART HOLDINGS INC 1867 NUTHATCH WAY PO BOX 1564 POBOX 747 PALM HARBOR FL 34683 - 6666 LARGO FL 33779 - 1564 LARGO FL 33779 - 0747 LASTEl,{, MARIE ZELLNER, MARY 1409 N GARDEN AVE CLEARWATER FL 33755 - 2431 HARRIS, MARY J 609 MARSHALL ST CLEARWATER FL 33755 - 2532 HONE, DAVID G HONE, TARA A 1505 SUNSET DR CLEARWATER FL 33755 - 2457 I , IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 HALL, VICKIE A 1612 OSCEOLA AVE CLEARWATER FL 33755 - 2447 GREENBAUM, LAURENCE 12 FERNBROOKE SAFETY HARBOR FL 34695 - 3314 IRLE, YVONNE M 1310 N FORT HARRISON AVE CLEARWATER FL 33755 - 2418 READY, ALLIE 610 MARSHALL ST CLEARWATER FL 33755 - 2531 PAULTRE, FRANTZ G LIANG-PAULTRE, YU HSIANG 1308 VERMONT AVE TARPON SPRINGS FL 34689 - 3878 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 KIMMEL, MARY J 1364 PALMETTO ST CLEARWATER FL 33755 - 5055 FULLER, LEWIS S ES)' 908 VINE AVE CLEARWATER FL 33755 - 4251 BROOKS, HASTINGS 610 MINNESOTA DR CLEARWATER FL 33755 - 2539 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 SUAREZ, ALICIA 401 MARSHALL ST CLEARWATER FL 33755 - 2437 SAGE RYAN REALTY INC 1401 MYRTLE AVE CLEARWATER FL 33755 - 2546 POOK, PEACHES 234 DOLPHIN POINT RD # 1 CLEARWATER FL 33767 - 2110 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 MALKA, DANIEL G 1613 N OSCEOLA AVE CLEARWATERFL 33755 - 2448 CLARK, RICHARD L 1402 N GARDEN AVE CLEARWATER FL 33755 - 2473 AYRES, RAELENE M L 3780 V ANNETER RD WILLIAMSTON MI 48895 - 9572 DANIELS, JOHNNY L 1405 N GARDEN AVE CLEARWATER FL 33755 - 2431 HUDSON, JAMES W 1412 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 REAL DEAL ESTATES 402 MARSHALL ST CLEARWATER FL 33755 - 2436 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PORT RICHEY FL 34654- 3431 SHAW, GLEN A 1615 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 CAHALL, CHARLES V 13553 SAN RAFAEL DR LARGO FL 33774 - 4638 GLICKMAN, PETER D GLICKMAN, MARLENE D 2251 WILLOWBROOK DR CLEARWATER FL 33764 - 6744 QURESHI, ZAHID 3959 SOUTH ST SEAFORD NY 11783 - 3242 BRUWER, JENNIFER CULMER, KEVIN 1601 SUNSET DR CLEARWATER FL 33755 - 2459 SAND DOLLAR 705 S 24TH ST FORT SMITH AR 72901 - 4148 . BRASWELL, REGINALD FICKEN, JAMES R TRE TATE, WALTER 1609 N MYRTLE AVE CLEARWATER RES TRUST TATE, VIRGINIA A CLEARWATER FL 33755 - 2550 1608 N OSCEOLA AVE 608 MARSHALL ST CLEARWATER FL 33755 - 2447 CLEARWATER FL 33755 - 2531 KAHN, MITCHELL IRLE, WIELAND SUOMINEN, KIRT C RHODES, LINDA 1310 N FORT HARRISON AVE 76 SPRING V ALLEY LN 1609 N OSCEOLA AVE CLEARWATER FL 33755 - 2418 OTTO NC 28763 - 7031 CLEARWATER FL 33755 - 2448 SANDERS, HILLARD CRILLO, LINDA GAIK, ARDEN J 608 MINNESOTA DR ZAHID, ROY 1603 SUNSET DR CLEARWATER FL 33755 - 2539 PO BOX 8473 CLEARWATER FL 33755 - 2459 CLEARWATER FL 33758 - 8473 OKUBOYE, DEn 0 FICKEN, JAMES R TRE BENEKE, STEPHEN G 600 N OSCEOLA AVE OLD BA Y TRUST 5/30/95 1904 DREW ST CLEARWATER FL 33755 - 3838 1608 OSCEOLA AVE CLEARWATER FL 33765 - 3023 CLEARWATER FL 33755 - 2447 BRITT, LEE GUIDI, HAZEL M TRE 1504 GARDEN INC 1621 N MYRTLE AVE 1503 SUNSET DR 1504 N GARDEN AVE CLEARWATER FL 33755 - 2559 CLEARWATER FL 33755 - 2457 CLEARWATER FL 33755 - 2432 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 Old Clearwater Bay Neighborhood Association Vicky Morgan 301 Cedar St. Clearwater, FL 33755 CASALE, ANN TRE IPPOLITO, ILARA TRE 1200 GULF BLVD # 1404 CLEARWATER FL 33767 - 3700 Hashim Sullaiman 1504 N. Garden Ave. Clearwater, FL 33755 Clearwater Neighborhoods Coalition Doug Williams, Pres. 2544 Frisco Dr. Clearwater, FL 33761 , , 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, December 14, 2004, beginning at 2:00 p.m., in the City Council 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 bv the applicant. staff. neil!hborinl! property owners. etc. will be placed on a consent al!enda and approved bv a sinl!le vote at the bel!inninl! of the meetinl!. 1. (cont. from 11/16/04) 1504 Garden Inc. is requestmg a Flexible Development approval to pennit retail sales within an existing two-story commercial building with a reduction to lot area from 10,000 sq ft to 7,720 sq ft, a reduction to lot width (west) from 100 ft to 50.81 ft, reductions to the front (north) setback from 25 ft to 19 ft (to existing and proposed building) and from 25 ft to 14 ft (to proposed pavement), a reduction to the front (west) setback from 25 ft to 15 ft (to proposed pavement), reductions to the side (south) setback from 10 ft to 1 ft (to existing and proposed building) and from 10 ft to zero ft (to proposed pavement) and a reduction to required parking from 5 to 4.5 spaces per 1,000 sq ft, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C, and a reduction to the landscape buffer along the south property line from 5 ft to zero ft and a reduction in the width of the required foundation landscaping adjacent to the building (west side) from 5 ft to 3.75 ft, as part of a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Ret~il sales and services) at 503 Marshall St.. E.A. Marshall's Sub, Lot 10 & W Y2 of vac alley on E. FLD2004-02010 ~ \IV \f\l ' 2. Joseph Caraco. Franco Iocolano. Anthonv Linares (J.T.F Associates) are requesting a Flexible Development approval to pennit a problematic use (tattoo and body piecing establishment) as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Tattoo and body piercing establishment) at 432 Poinsettia Ave., Barbour-Morrow Sub, Blk A, Lot 41. FLD2004-09067 V 3. KB Investment Holdinl!s. Ltd. are requesting a Flexible Development approval to for reduction of the side (east) setback from 10 ft to 3 ft (to back of curb), a reduction ofthe west (side) setback from 10 ft to 3.54 ft (to back of curb), a reduction of the rear setback from 20 ft to 3 ft (to dumpster), a reduction in the required parking spaces from 77 spaces to 58 spaces under the provisions of Sec 3-1404.E., and reductions to landscape buffers from the required 5 ft to the above stated setback distances, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C. and as part of a Comprehensive Landscape Program, under the provisions of Sec 1202.G. (Proposed U~ Retail sales and services and restaurants) at 2660 Gulfto Bav Blvd.. J.J. Muggs Sub, Elk 1, Lot 1. FLD2004-09069 V 4. City of Clearwater (Clearwater Beach Seafood Co. dba Crabby Bill's) are requesting a Flexible Development approval to construct an awning over an existing sidewalk cafe at an existing restaurant with a reduction to the front (north) setback from 15 ft to zero ft and a reduction to the side (west) setback from 10 ft to four ft, under the provisions of Sec 2-803.J. (Proposed Use: Awning over an existing ~ewalk cafe at an existing restaurant.) at 37 Causewav Blvd.. City Park Sub, Part of Lots 12 & 13. FLD2004-05041 V 5. LaBella Vista of Clearwater. LLC is requesting (1) a Flexible Development approval to pennit attached dwellings with reductions to the front (north) setback from 15 ft to 6.2 ft (to building) and from 15 ft to zero ft (to dumpster staging pad), reductions to the side (east) setback from 10 ft to 7.2 ft (to building) and from 10 ft to five ft (to pool deck), a reduction to the side (west) setback from 10 ft to 5.7 ft (to building), reductions to the rear (south) setback from 20 ft to 11.5 ft (to building) and from 20 ft to zero ft (to pool deck), increases to building height from 35 ft to 45.75 (to roof deck) with an additional 4.17 ft for parapets (from roof deck) and with an additional 14.67 ft for a rooftop pavilion (from roof deck) and to pennit parking that is designed to back into the public right-of-way, as part of a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C (retaining three existing boat docks for sole use by the property owners); and (2) the Transfer of Development Rights for three units from 200 Brightwater Dnve, under the provisions of Sec 4-1403 (TDR2004-09013). (Proposed Use: Eighteen attached dwellings (condominium) at 199 - 201 Bril!htwater Drive, Bayside Sub No.2, Lots 24,25, & 26 part of Lot 23 & riparian rights. FLD2004-09070/TDR2004-09013 V 6. CBR Development II. LLC & Florida Clearwater Beach Hotel Co, (Hunter Hotel Company & Mandalay Investments, LLC) is requesting (1) a Flexible Development approval to perrmt a maximum of 260 overnight , , accommodation units, 120 attached dwellmgs and 11,000 sq ft of retail sales and services as a mixed use (with mcrease in density of 141 hotel rooms from the Beach by Design density pool), With reductions to the front (east along Mandalay Avenue) setback (between Baymont and Ambler Streets) from 15 ft to eight ft (to building) and from 15 ft to zero ft (to pavement and waterfall feature), a reduction to the front (south along Baymont Street) from 15 ft to zero ft (to pavement), a reduction to the front (north along Ambler Street) setback from 15 ft to five ft (to building), a reduction to the front (east along Mandalay Avenue) setback (between San Marco and Baymont Streets) from 15 ft to zero ft (to building), a reduction to the front (south along San Marco Street) from 15 ft to zero ft (to building), a reduction to the side (west) setback (Coastal Construction Control Line [CCCL]) from 10 ft to zero ft (to building and pool deck) and to allow existing and proposed improvements to remain up to 62 ft west of the CCCL, a reduction to the Side (east and north between San Marco and Baymont Streets) from 10 ft to four ft (to building), reductions to the side (east and north, north of Ambler Street) from 10 ft to one ft (to building) and from 10 ft to one-ft (to pavement), an increase to building height from 35 ft to 95 ft (to roof deck) for the proposed overnight accommodation use (with an additional 12 - 20 ft for decorative mansard architectural embellishments), an increase to building height from 35 ft to 150 ft (to roof deck) for the proposed residential building (with an additional 12 - 18 ft for decorative mansard architectural embellishments), a reduction to required parking from 456 spaces to 431 spaces and deviations to allow stacked parking and buildings within the visibility triangles, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C, and to eliminate the required foundation landscaping along Mandalay A venue and San Marco Street, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G; (2) Preliminary Plat approval (PL T2004-000 16) for three lots; (3) Comprehensive Sign Program approval, under the provisions of Sec 3-1807 (SGN2004-09020) ;and (4) the vacation of Beach Drive (North Gulfview Boulevard) between San Marco and Baymont Streets. (Proposed Use: Mixed use (260 overnight accommodation units, 120 attached dwellings and 11,000 sq ft of retail sales and services) at 470 and 500 Mandalav Avenue and 470. 489. 490 and 495 Beach Drive. Clearwater Beach Park Sub, Lots 1-13,43-56, 65-71, and part of Lot 64, the revised map of Clearwater / . Beach Resub, Blk 10 & II, and Lots 2-15, jtlk 9, and Miller's Replat Lots I & 10 and part of Lot 9. FLD2004- 09068/PL T2004-00016/SGN2004-09020. t/ 7. Clearwater Bav Marina. LLC. is requesting a Flexible Development approval to permit 133 attached dwelling units and an mcrease in the permitted height from 30 ft to 100 ft (as measured from base flood elevation and the mean elevation of the site) under the provisions of Sec 2-903.B. (Proposed Use: 133 attached dwelling units) at 900 North Osceola Avenue, I.A. Gorra's Sub, Blk 2, Lots 2&3, part of Lot I and V AC Nicholson St, Sue Barco Sub, Lots 13&14, Lot 23, part of Lot 22, F.T. Blish's Sub, Lots 1-3, Lots 8-10 and tringlland to West, Sec. 09-29-15 & M&B 14.01. FLD2004-07053. 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 to request and obtain party status by the Board during the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testifY, present evidence, argument and witnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered swearing all participants in public heanng cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Tills notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, City Clerk Cyndi Tarapani Plannmg 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. ~ YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REOUlRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REOUEST AT (727) 562-4090. Ad: 11/28/04 . ,,,, CLEARWATER, CITY OF '112 S OSCEOLA AVE PO BOX 4748 CLEARWATER FL 33758 - 4748 TROISI, DANIEL J 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 PEARSON, DAVID H PEARSON, DANIEL A 1625 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 GIERYN, DOUGLAS 403 MARSHALL ST CLEARWATER FL 33755 - 2437 JUDY, FRED M 1401 N MYRTLE AVE CLEARWATER FL 33755 - 2546 FRANKLIN, LINDA G KELLY, GEORGE L 1500 N OSCEOLA AVE CLEARWATER FL 33755 - 2445 CROZIER, MELODY J 1409 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CONNORS, CARRIE L 2500 WOODLAND PARK DR # L- 206 HOUSTON TX 77077 - 3259 MAAS, TODD T 3000 GEIGER CT CLEARWATER FL 33761 - 2004 WALTERS,ROBERTJR 615 MINNESOTA DR CLEARWATER FL 33755 - 2540 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 BORTKO, WILLIAM E 1614 N OSCEOLA AVE CLEARWATER FL 33755 - 2447 TREMMEL, JAMES H 1411 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CRUZ, EDWARD P CRUZ, NINA M 1401 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 ANDERSON, EDWARD H 604 MARSHALL ST CLEARWATER FL 33755 - 2531 LARKIN, NEDRA K H 602 MARSHALL ST CLEARWATER FL 33755 - 2531 ROSADO, WILLY P ROSADO, MARIE LA P 1417 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 {1JuJ 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755 - 2432 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATERFL 33755 - 3303 WILLIAMS, WAYNE WILLIAMS, EMILY 1611 SUNSET DR CLEARWATER FL 33755 - 2459 PARLOR,KATHLEEN PARLOR, GREGORY D 1415 SUNSET DR CLEARWATER FL 33755 - 2454 VINCA, SELIM 1450 MARJOHN AVE CLEARWATER FL 33756 - 2431 SZABO, ELIZABETH S 1603 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 LAHRSEN, TRACY J 1413 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 LAMBERT, MALVIN H 1271 WOODLAWNTER CLEARWATER FL 33755 - 1154 SERGEANT ALLEN MOORE COMMUNITY PTNSHIP INC 1201 N BETTY LN CLEARWATER FL 33755 - 3306 . SHANNON, DONNA F 1411 SUNSET DR CLEARWATER FL 33755 - 2454 MOUNTENA Y, JOAN L 1415 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CONNORS, MARTIN J 1410 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 HERITAGE CONDO ASSN INC WORLD LITERACY CRUSADE TREMMEL, JAMES H 2905 W BAY DR PIN CTY 1411 N OSCEOLA AVE LARGO FL 33770 - 2621 1611 N FT HARRISON AVE CLEARWATER FL 33755 - 2444 CLEARWATER FL 33755 - 2425 OKUBOYE, JULIUS A CONTRYMAN, KAREN M PICCONE, CHRISTOPHER 600 N OSCEOLA AVE 9035 PENNANT CT PICCONE, ANNE N CLEARWATER FL 33755 - 3838 NEW PRT RCHY FL 34654 - 3431 608 LAKE CYPRESS CIR OLDSMAR FL 34677 - BLUNT, ODELL G SR BRASWELL, REGINALD STICKLER, SARA L BLUNT, ODELL E JR EST 1609 N MYRTLE AVE QUEEN, JOHN-BEAU 1020 APACHE TRL CLEARWATER FL 33755 - 2550 PO BOX 165 CLEARWATER FL 33755 - 1801 OAK HILL NY 12460 - 0165 HANCOCK, MARY N CARTER PROPERTIES INC RELIGIOUS COMMUNITY HANCOCK, HARRY LYNCH, LINDA TRE SERVICES INC 152 PALMETTO RD 361 WEKIV A COVE RD 1855 S HIGHLAND AVE CLEARWATER FL 33756 -1428 LONGWOOD FL 32779 - 5647 CLEARWATER FL 33756 - 1750 IRLE, WIELAND MC KINNEY, LEROY HARRIS, CHARLIE IRLE, YVONNE M MC KINNEY, HENRY T 1417 PINEBROOK DR 1402 N FORT HARRISON AVE 607 MARSHALL ST CLEARWATERFL 33755 - 3439 CLEARWATER FL 33755 - 2420 CLEARWATER FL 33755 - 2532 WHITNEY, ROBERT JA TTANSINGH, MOHAN JOHNSON, SHAWN L WHITNEY,CRESCENSA 1867 NUTHATCH WAY 619 MINNESOTA DR 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 6666 CLEARWATER FL 33755 - 2540 PALM HARBOR FL 34683 - 5838 JACKSON, JOHNNY S JR BURNEY, MILDRED COSTA, CATALINA JACKSON, MARIAN J 1749 JADE AVE 1605 N OSCEOLA AVE 609 MINNESOTA DR CLEARWATER FL 33755 - 1933 CLEARWATER FL 33755 - 2448 CLEARWATER FL 33755 - 2540 JA TT ANSINGH, MOHAN COEUR DE LION INC EWART HOLDINGS INC 1867 NUTHATCH WAY PO BOX 1564 POBOX 747 PALM HARBOR FL 34683 - 6666 LARGO FL 33779 - 1564 LARGO FL 33779 - 0747 LASTER, MARIE ZELLNER, MARY 1409 N GARDEN AVE CLEARWATER FL 33755 - 2431 HARRIS, MARY J 609 MARSHALL ST CLEARWATER FL 33755 - 2532 HONE, DAVID G HONE, TARA A 1505 SUNSET DR CLEARWATER FL 33755 - 2457 .... IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 HALL, VICKIE A 1612 OSCEOLA AVE CLEARWATER FL 33755 - 2447 GREENBAUM, LAURENCE 12 FERNBROOKE SAFETY HARBOR FL 34695 - 3314 IRLE, YVONNE M 1310 N FORT HARRISON AVE CLEARWATER FL 33755 - 2418 READY, ALLIE 610 MARSHALL ST CLEARWATER FL 33755 - 2531 PAULTRE, FRANTZ G LIANG-PAULTRE, YU HSIANG 1308 VERMONT AVE TARPON SPRINGS FL 34689 - 3878 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 KIMMEL, MARY J 1364 PALMETTO ST CLEARWATER FL 33755 - 5055 FULLER, LEWIS S EST 908 VINE AVE CLEARWATER FL 33755 - 4251 BROOKS, HASTINGS 610 MINNESOTA DR CLEARWATER FL 33755 - 2539 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 SUAREZ, ALICIA 401 MARSHALL ST CLEARWATER FL 33755 - 2437 SAGE RYAN REALTY INC 1401 MYRTLE AVE CLEARWATER FL 33755 - 2546 POOK, PEACHES 234 DOLPHIN POINT RD # 1 CLEARWATER FL 33767 - 2110 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 MALKA, DANIEL G 1613 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 CLARK, RICHARD L 1402 N GARDEN AVE CLEARWATER FL 33755 - 2473 AYRES, RAELENE M L 3780 V ANNETER RD WILLIAMS TON MI 48895 - 9572 DANIELS, JOHNNY L 1405 N GARDEN AVE CLEARWATER FL 33755 - 2431 HUDSON, JAMES W 1412 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 REAL DEAL ESTATES 402 MARSHALL ST CLEARWATER FL 33755 - 2436 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PORT RICHEY FL 34654 - 3431 SHAW, GLEN A 1615 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 CAHALL, CHARLES V 13553 SAN RAFAEL DR LARGO FL 33774 - 4638 GLICKMAN, PETER D GLICKMAN, MARLENE D 2251 WILLOWBROOK DR CLEARWATER FL 33764 - 6744 QURESHI, ZAHID 3959 SOUTH ST SEAFORD NY 11783 - 3242 BRUWER, JENNIFER CULMER, KEVIN 1601 SUNSET DR CLEARWATER FL 33755 - 2459 SAND DOLLAR 705 S 24TH ST FORT SMITH AR 72901 - 4148 "-. BRASWELL, REGINALD FICKEN, JAMES R TRE TATE, WALTER 1609 N MYRTLE AVE CLEARWATER RES TRUST TATE, VIRGINIA A CLEARWATER FL 33755 - 2550 1608 N OSCEOLA AVE 608 MARSHALL ST CLEARWATER FL 33755 - 2447 CLEARWATER FL 33755 - 2531 KAHN, MITCHELL IRLE, WIELAND SUOMINEN, KlRT C RHODES, LINDA 1310 N FORT HARRISON AVE 76 SPRING V ALLEY LN 1609 N OSCEOLA AVE CLEARWATER FL 33755 - 2418 OTTO NC 28763 - 7031 CLEARWATERFL 33755 - 2448 SANDERS, HILLARD CRILLO, LINDA GAIK, ARDEN J 608 MINNESOTA DR ZAHID, ROY 1603 SUNSET DR CLEARWATER FL 33755 - 2539 PO BOX 8473 CLEARWATER FL 33755 - 2459 CLEARWATER FL 33758 - 8473 OKUBOYE, DEJI 0 FICKEN, JAMES R TRE BENEKE, STEPHEN G 600 N OSCEOLA AVE OLD BA Y TRUST 5/30/95 1904 DREW ST CLEARWATER FL 33755 - 3838 1608 OSCEOLA AVE CLEARWATER FL 33765 - 3023 CLEARWATER FL 33755 - 2447 BRITT, LEE GUIDI, HAZEL M TRE 1504 GARDEN INC 1621 N MYRTLE AVE 1503 SUNSET DR 1504 N GARDEN AVE CLEARWATER FL 33755 - 2559 CLEARWATER FL 33755 - 2457 CLEARWATER FL 33755 - 2432 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CASALE, ANN TRE IPPOLITO, ILARA TRE 1200 GULF BLVD # 1404 CLEARWATER FL 33767 - 3700 Hashim Sullaiman 1504 N. Garden Ave. Clearwater, FL 33755 Old Clearwater Bay Neighborhood Association Vicky Morgan 301 Cedar St. Clearwater, FL 33755 Clearwater Neighborhoods Coalition Doug Williams, Pres. 2544 Frisco Dr. Clearwater, FL 33761 FLD2004-020 1 0 , --, 1 ...;.J.~ _/ CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the CIty of Clearwater, Flonda, will hold public hearings on Tuesday, November 16, 2004, beginmng at 2:00 p.m., m the City Council Chambers, m 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. (cont. from 10/19/04) 1504 Garden Inc. IS requestmg a Flexible Development approval to perrrut retail sales within an existing two-story commercial bUlldmg with a reduction to lot area from 10,000 sq ft to 7,720 sq ft, a reductIOn to lot width (west) from 100 ft to 50.81 ft, reductions to the front (north) setback from 25 ft to 19 ft (to eXIsting and proposed building) and from 25 ft to 14 ft (to proposed pavement), a reduction to the front (west) setback from 25 ft to 15 ft (to proposed pavement), reductions to the side (south) setback from 10 ft to one-foot (to eXIsting and proposed building) and from 10 ft to zero ft (to proposed pavement) and a reduction to required parkmg from 5 to 4.5 spaces per 1,000 sq ft, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from 5 ft to zero ft and a reduction in the width of the required foundation landscaping adjacent to the buildmg (west side) from 5 ft to 3.75 ft, as part of a Comprehensive Landscape Program, under the proviSIOns of Section 3-1202.G. (Proposed Use: Retail sales and servIces) at 503 Marshall St., E.A. Marshall's Sub, Lot 10 & W Y2 ofvac alley on E. FLD2004-02010 2. (cont. from 10/19/04) Clearwater Seashell Resort. L.c. is requesting a Flexible Development application to amend a previously approved FL 01-01-01 (CDB approved on February 20, 2001) to permit an additIOnal 24 overnight accommodation units from the density pool (in addition to the previously approved 250 overnight accommodation units) as a mixed use, WIth a maximum of 70,000 sq ft of amenities accessory to the hotel and a mimmum of 400 public parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of SectIon 2-803.C. [Proposed Use: Hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of 70,000 sq ft (0.98 FAR on total site) of amenities accessory to the hotel, at a height of 150 ft (to roof deck)] at 229 and 301 South Gulfview Boulevard and 230. 300 and 304 Coronado Drive (Related to DV A2004-00002), Lloyd-White Skinner Sub, Lots 57,58,59, 104, 105 & 106 and part of Lots 56, 103, & 107. FLD2004-07052 3. (cont. from 10/19/04) Ellis & Co.. Ltd. a Florida Limited Patnership is requesting a Flexible Development approval for the change of use of an existing automobile service station to a 2,266 sq ft restaurant, with a reductIon to the front (west) setback from 25 ft to 15 ft (to pavement), a reduction of the front (north) setback from 25 ft to 15 ft (to pavement), reductions of the side (east) setback from 10 ft to 3 ft (to bUIlding), from 10ft to zero ft (to exterior seatmg wood deck), and from 10 ft to zero ft (to dumpster enclosure), a reduction of the side (south) setback from 10 ft to zero ft (to pavement) and from 10 ft to 2 ft (to dumpster enclosure), a reduction in the required parking from 34 spaces to 21 spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C., and as part of a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. (Proposed Use: Restaurant) at 2201 Gulf to Bay Boulevard, Sec 18-29-16, M&B 32/04 and 32/05. FLD2004-08058 4. (cont. from 10/19/04) David A. & Sharon A. Cote are requesting a Flexible Development approval for (1) the Termination of Status of Nonconformity for density for the purpose of addmg a two-car garage, under the provisions of Section 6-109, and (2) the expansion of attached dwellings with a reduction to the front (north) setback from 25 ft to 20 ft (to building) and a reduction to the SIde (south) setback from 10 ft to 5 ft (to buIlding), as a Residential Infill Project, under the provisions of Section 2-203.C, and a reductIon to the landscape buffer along the south property line from 10 ft to 5 ft, as part of a Comprehensive Landscape Program, under the provIsIOns of Section 3-1202.G. [Proposed Use: ConstructIon of a 3 car attached garage m association with an existing nonconforming attached dwelling (duplex)] at 115 North Keystone Drive, Keystone Manor, Blk D, Lot I & 20. FLD2004-06044 5. Allan J. Crooker / Lamer Beach Club. LLC / McSmith. Inc. are requestmg (1) Terrrunation of Status of Nonconformity for density (15 overnIght accommodatIon umts - to be converted to II dwelling umts), under the proVISIOns of Section 6-109; (2) Flexible Development approval to permit a total of 13 attached dwellings in the Medium High DenSIty Residential (MHDR) District and Tounst (T) Distnct WIth reductIons to lot area in the MHDR Distnct from 15,000 sq ft to 8,700 sq ft and m the T Dlstnct from 10,000 sq ft to 4,350 sq ft, reductions to lot width in the MHDR District from 150 ft to 100 ft and m the T DIstrict from 100 ft to 50 ft, reductIons to the front (north along Avalon Street - MHDR District) setback from 25 ft to lOft (to bmldmg) and from 25 ft to zero ft (to dumpster stagmg pad), a reductIOn to the sIde (west - MHDR 'J Dlstnct) from 10 ft to zero ft (to buildmg), a reductIOn to the rear (south - MHDR Distnct) from 15 ft to 10 ft (to bmldmg), a reduction to the front (south along Kendall Street - l' Dlstnct) from 15 ft to 10 ft (to building), a reduction to the sIde (west - T Dlstnct) from 10 ft to zero ft (to bmlding), an increase to bmldmg height in the MHDR DistrIct from 30 ft and in the T District from 35 ft to 69.5 ft (to roof deck) with pen meter parapets of 3 67 ft (from roof deck) and decoratIve roof structures of 10.1 ft (from roof deck) and to permit a bmldmg wlthm the VISIbIlity triangles, as a ResidentIal Infill Project m the MHDR District and as a Comprehensive Infill Redevelopment Project m the T Distnct, under the provisions of SectIOns 2-404.F and 2-803.C; (3) Reduction to the front perimeter buffer along Avalon Street in the MHDR Distnct from 10 ft to zero ft (to dumpster stagmg pad) and a reductIOn to the side (west) landscape buffer in the MHDR District from 10 ft to zero ft (to bUIlding), as a Comprehensive Landscape Plan, under the proVIsIOns of Section 3-1202.G; and (4) Transfer of Development RIghts (TDR2004-08008) of one dwellmg umt to thIS site from 32 I Coronado Drive, under the provisions of SectIOn 4-1402. (Proposed Use: Attached dwellings -13 condommium units) at 15-17 Avalon St. & 16 Kendall St., Revised Map of Clearwater Beach, Blk 7, Lots 5, 6 & 14. FLD2004-08059 6. Schlau Properties Co. are requesting a Flexible Development approval to allow Retail Sales and Service (a funeral home) as a primary use m the Office Zomng District, with a reductIOn of the front setback from 25 ft to 13 ft (to pavement), reductIOns of the SIde (east) setback from 20 ft to 4 ft (to bUIlding and sidewalk), a reduction of the side (west) setback from 20 ft to 8 ft (to pavement), and a reduction of the rear setback from 20 ft to 11ft (to pavement), as a Comprehensive Infill Redevelopment Project under the provisions of Section 2-1004.B. and as a Comprehensive Landscape Plan, under the prOVISIOns of SectIOn 3-1202.G. (Proposed Use: Funeral Home) at 1425 Sunset Point Rd., Sec. 02-29-15, M&B 32.06. FLD2004-06043 7. Ocean Properties of Clearwater. LLC are requesting a Flexible Development approval to permit retail sales within an eXIsting one-story commercial buIlding WIth reductIons to the front (west) setback from 25 feet to six feet (to existing building) and from 25 feet to 12.5 feet (to proposed pavement), a reduction to the side (south) setback from 10 feet to four feet (to existing and proposed pavement), as a Flexible Development Project, under the prOVIsions of Section 2-704.N, and reductions to the landscape buffers along the south property line from five feet to four feet and a reduction in the front (west) landscaping adjacent to the blfildmg (west side) from 15 feet to six feet, as part of a Comprehensive Landscape Program, under the proVIsions of Section 3- 1202.G. (Proposed Use: Retail Sales and Services) at 111 S. Belcher Rd., Sec. 18-29-16, M&B 23.03. FLD2004-07054 8. City of Clearwater are requesting a Flexible Development approval to permit a social public service agency in the Institutional District, WIth deviatIons to allow a social public service agency adjacent to residentially zoned property and to allow a social public service agency within 1,500 ft of an existmg social public service agency, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-1204.A. (Proposed Use: Non-profit educational training facility) at 1250 Palmetto St., Sec. 10-29-15, M&B 13.05. FLD2004-08060 9. Robert D. Basham (owner) Sandra Britton is requesting an appeal of the decision ofa Level One application (Flexible Standard Development case FLS2004-05033), under the provisions of Section 4-501, that approved an application reducing the front (east) setback from 25 ft to 10 ft (to building), reducing the front (south) setback from 25 ft to 10 ft (to building), increasing the height of a wall from 3 ft to 7 ft in the front (east and south) setbacks, as part of a Residential Infill Project, under the provisions of Section 2-203.C. (Proposed Use: Construction of a detached dwellmg) at 752 Eldorado Ave., Mandalay Sub., Blk 4, Lot I. APP2004-00007 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 to request and obtain party status by the Board during the case diSCUSSIOn, 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 Flonda Statute 2860105. Community Development Code SectIon 4-206 states that party status shall be granted by the Board if person requesting such demonstrates that s/he is substantially affected. Party status entitles parties to: personally testifY, present evidence, argument and WItnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests. An oath will be administered sweanng all partIcipants m public heanng cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be lirmted to three minutes unless an individual is representmg a group m whIch case the Chairperson may authorize a reasonable amount oftlme up to 10 minutes. ~ FIve days prior to the meetmg, 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 pm., weekdays, at the City of Clearwater, PlannIng Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to dIscuss any questIOns or concerns about the project and/or to better understand the proposal and review the site plan. ThIS notice was sent by the Official Records and LegislatIve ServIces Department, CynthIa E. Goudeau, CMC, CIty Clerk Cyndi Tarapani 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. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMQDATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 10/31/04 ~ CRILLO, LINDA ZAHID, ROY PO BOX 8473 CLEARWATER FL 33758 - 8473 FICKEN, JAMES R TRE OLD BAY TRUST 5/30/95 1608 OSCEOLA AVE CLEARWATER FL 33755 - 2447 BRITT, LEE 1621 N MYRTLE AVE CLEARWATER FL 33755 - 2559 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 DOUBLE UP INVESTMENTS INC C/O NEEDLES, ROSE 400 ISLAND WAY # 1506 CLEARWATER FL 33767 - 2137 North Greenwood Association, Inc. Jonathon Wade 908 Pennsylvania Ave. Clearwater, FL 33755 FLD2004-020 1 0 < \J.6 503 Marshall Street 7l\ WW GAIK, ARDEN J 1603 SUNSET DR CLEARWATER FL 33755 - 2459 MEASE, VERNON E TRE MEASE, BETTIE L TRE 1604 SUNSET DR CLEARWATER FL 33755 - 2458 GUIDI, HAZEL M TRE 1503 SUNSET DR CLEARWATERFL 33755 - 2457 CASALE, ANN TRE IPPOLITO, ILARA TRE 1200 GULF BLVD # 1404 CLEARWATER FL 33767 - 3700 Old Clearwater Bay Neighborhood Association Vicky Morgan 301 Cedar Street Clearwater, FL 33755 Clearwater Neighborhood Coalition Doug Williams, President 2544 Frisco Drive Clearwater, FL 33761 OKUBOYE, DEJI 0 600 N OSCEOLA AVE CLEARWATER FL 33755 - 3838 BENEKE, STEPHEN G 1904 DREW ST CLEARWATER FL 33765 - 3023 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755 - 2432 HOMELESS EMERGENCY PROJECT 1120 N BETTY LN CLEARWATER FL 33755 - 3303 North Myrtle Avenue Association Torn Selhorst 1010 Blanch B. Littlejohn Clearwater, FL 33755 Hashim Sullaiman 1504 N. Garden Ave. Clearwater, FL 33755 ~ CLEARWATER, CITY OF 112 S OSCEOLA AVE PO BOX 4748 CLEARWATER FL 33758 - 4748 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755 - 2432 CONNORS, CARRIE L 2500 WOODLAND PARK DR # L- 206 HOUSTON TX 77077 - 3259 TROISI, DANIEL J 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 EVANS, EDWIN E 704 P ARKLAND AVE CLEARWATER FL 33764 - 6201 MAAS, TODD T 3000 GEIGER CT CLEARWATER FL 33761 - 2004 LE CLAIR, JOHN P EVERYBODY'S TABERNACLE IRLE, WIELAND LE CLAIR, ST A TIA A INC IRLE, YVONNE M 1701 N OSCEOLA AVE 1120 N BETTY LN 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 1722 CLEARWATER FL 33755 - 3303 CLEARWATERFL 33755 - 2420 WALTERS, ROBERT JR WILLIAMS, WAYNE WHITNEY, ROBERT SR 615 MINNESOTA DR WILLIAMS, EMIL Y WHITNEY, CRESCENSA CLEARWATER FL 33755 - 2540 1611 SUNSET DR 524 WINDING WILLOW DR CLEARWATER FL 33755 - 2459 PALM HARBOR FL 34683 - 5838 KEYSER, EMIL Y J TROISI, DANIEL J PARLOR, KATHLEEN KEYSER, THOMAS F TROCKELS, KAREN PARLOR, GREGORY D 2602 JEFFREY LORI DR 1605 N FORT HARRISON AVE 1415 SUNSET DR FINKS BURG MD 21048 - 1932 CLEARWATER FL 33755 - 2425 CLEARWATER FL 33755 - 2454 PULIS, DWAYNE ZEITLER, DONALD E PEARSON, DA VID H 602 F AIRMONT ST ZEITLER, PEGGIE PEARSON, DANIEL A CLEARWATER FL 33755 - 2503 1700 N FORT HARRISON AVE 1625 N FORT HARRISON AVE CLEARWATER FL 33755 -1701 CLEARWATER FL 33755 - 2425 BORTKO, WILLIAM E VINCA, SELIM TROISI, DANIEL J 1614 N OSCEOLA AVE 1450 MARJOHN AVE TROCKELS, KAREN CLEARWATER FL 33755 - 2447 CLEARWATER FL 33756 - 2431 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 TREMMEL, JAMES H SZABO, ELIZABETH S GIERYN, DOUGLAS 1411 N OSCEOLA AVE 1603 N OSCEOLA AVE 403 MARSHALL ST CLEARWATER FL 33755 - 2444 CLEARWATER FL 33755 - 2448 CLEARWATER FL 33755 - 2437 CRUZ, EDWARD P CRUZ, NINA M 1401 N OSCEOLA AVE CLEARWATERFL 33755 - 2444 ANDERSON, EDWARD H 604 MARSHALL ST CLEARWATER FL 33755 - 2531 LAHRSEN, TRACY J 1413 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 EVANS, WALTER C EVANS, ROSE M 611 FAIRMONT ST CLEARWATER FL 33755 - 2504 JUDY, FRED M 1401 NMYRTLE AVE CLEARWATER FL 33755 - 2546 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 WINTERS, NINA 1608 SUNSET DR CLEARWATER FL 33755 - 2458 LARKIN, NEDRA K H 602 MARSHALL ST CLEARWATER FL 33755 - 2531 ROSADO, WILLY P ROSADO, MARIE LA P 1417 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 SHANNON, DONNA F 1411 SUNSET DR CLEARWATER FL 33755 - 2454 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 LAMBERT, MALVIN H 1271 WOODLAWN TER CLEARWATER FL 33755 - 1154 SERGEANT ALLEN MOORE COMMUNITY PTNSHIP INC 1201 N BETTY LN CLEARWATERFL 33755 - 3306 MOUNTENA Y, JOAN L 1415 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 FRANKLIN, LINDA G KELLY, GEORGE L 1500 N OSCEOLA AVE CLEARWATER FL 33755 - 2445 CROZIER, MELODY J 1409 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CARTER, ROBERT L CARTER, ELIANE S 1504 SUNSET DR CLEARWATER FL 33755 - 2456 CONNORS, MARTIN J 1410 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 SMITH, W ALTER C HERITAGE CONDO ASSN INC PATEL, GHANSHYAM M JETER, YVONNE Z 2905 W BA Y DR PATEL, BHITTI G 607 F AIRMONT ST LARGO FL 33770 - 2621 6820 3RD AVE N CLEARWATER FL 33755 - 2504 ST PETERSBURG FL 33710 -7606 WORLD LITERACY CRUSADE TREMMEL, JAMES H OKUBOYE, JULIUS A PIN CTY 1411 NOSCEOLAAVE 600 N OSCEOLA AVE 1611 N FT HARRISON AVE CLEARWATER FL 33755 - 2444 CLEARWATER FL 33755 - 3838 CLEARWATER FL 33755 - 2425 CONTRYMAN, KAREN M OLINGER, PEARL J TRE PICCONE, CHRISTOPHER 9035 PENNANT CT 1270 BELLEVUE BLVD PICCONE, ANNE N NEW PRT RCHY FL 34654 - 3431 CLEARWATER FL 33756 - 2201 608 LAKE CYPRESS CIR OLDSMAR FL 34677 - BLUNT, ODELL G SR BRASWELL, REGINALD STICKLER, SARA L BLUNT, ODELL E JR EST 1609 N MYRTLE AVE QUEEN, JOHN-BEAU 1020 APACHE TRL CLEARWATER FL 33755 - 2550 PO BOX 165 CLEARWATER FL 33755 - 1801 OAK HILL NY 12460 - 0165 FRITZ, DAVID W GUIDI, PAUL A HANCOCK, MARY N FRITZ, MICHELLE I GUIDI, ANDREA F HANCOCK, HARRY 1600 SUNSET DR 1500 SUNSET DR 152 PALMETTO RD CLEARWATER FL 33755 - 2458 CLEARWATER FL 33755 - 2456 CLEARWATER FL 33756 - 1428 CARTER PROPERTIES INC RELIGIOUS COMMUNITY HOCHSCHWENDER, ULRIKE M LYNCH, LINDA TRE SERVICES INC HUNTER, V AN 361 WEKIV A COVE RD 1855 S HIGHLAND AVE 1613 SUNSET DR LONGWOOD FL 32779 - 5647 CLEARWATER FL 33756 - 1750 CLEARWATER FL 33755 - 2459 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 WHITNEY, ROBERT WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 JACKSON, JOHNNY S JR JACKSON, MARIAN J 609 MINNESOTA DR CLEARWATER FL 33755 - 2540 COSTA, CATALINA 1605 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 EWART HOLDINGS INC POBOX 747 LARGO FL 33779 - 0747 HONE, DAVID G HONE, TARA A 1505 SUNSET DR CLEARWATER FL 33755 - 2457 HUDSON, JAMES W 1412 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 WILSON, HARRY V PO BOX 2516 CLEARWATERFL 33757 - 2516 GREENBAUM, LAURENCE 12FERNBROOKE SAFETY HARBOR FL 34695 - 3314 IRLE, YVONNE M 1310 N FORT HARRISON AVE CLEARWATER FL 33755 - 2418 MC KINNEY, LEROY MC KINNEY, HENRY T 607 MARSHALL ST CLEARWATER FL 33755 - 2532 JA TT ANSINGH, MOHAN 1867 NUTHATCH WAY PALM HARBOR FL 34683 - 6666 CHACOS, PATRICIA A 608 ERMINE ST CLEARWATER FL 33755 - 2409 JA TT ANSINGH, MOHAN 1867 NUTHATCH WAY PALM HARBOR FL 34683 - 6666 LASTER, MARIE ZELLNER, MARY 1409 N GARDEN AVE CLEARWATER FL 33755 - 2431 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 HALL, VICKIE A 1612 OSCEOLA AVE CLEARWATER FL 33755 - 2447 REAL DEAL ESTATES 402 MARSHALL ST CLEARWATER FL 33755 - 2436 SAGE RYAN REALTY INC 1401 MYRTLE AVE CLEARWATER FL 33755 - 2546 POOK, PEACHES 234 DOLPHIN POINT RD # 1 CLEARWATER FL 33767 - 2110 HARRIS, CHARLIE 1417 PINEBROOK DR CLEARWATER FL 33755 - 3439 JOHNSON, SHAWN L 619 MINNESOTA DR CLEARWATER FL 33755 - 2540 BURNEY, MILDRED 1749 JADE AVE CLEARWATER FL 33755 - 1933 COEUR DE LION INC POBOX 1564 LARGO FL 33779 - 1564 HARRIS, MARY J 609 MARSHALL ST CLEARWATER FL 33755 - 2532 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 SUAREZ, ALICIA 401 MARSHALL ST CLEARWATER FL 33755 - 2437 CLARK, DOROTHY C/O CLARK, JEREMIAH N 3001 NOBLE AVE SARASOTA FL 34234 - 4732 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PORT RICHEY FL 34654 - 3431 READY, ALLIE 610 MARSHALL ST CLEARWATER FL 33755 - 2531 PAULTRE, FRANTZ G LlANG-PAULTRE, YU HSIANG 1308 VERMONT AVE TARPON SPRINGS FL 34689 - 3878 CAHALL, CHARLES V 13553 SAN RAFAEL DR LARGO FL 33774 - 4638 GLICKMAN, PETER D GLICKMAN, MARLENE D 2251 WILLOWBROOK DR CLEARWATERFL 33764 - 6744 QURESHI, ZAHID 3959 SOUTH ST SEAFORD NY 11783 - 3242 BRUWER, JENNIFER CULMER, KEVIN 1601 SUNSET DR CLEARWATER FL 33755 - 2459 HEATH, BRENT A HEATH, JILL A 304 F AIRMONT ST CLEARWATER FL 33755 - 2413 FICKEN, JAMES R TRE CLEARWATER RES TRUST 1608 N OSCEOLA AVE CLEARWATER FL 33755 - 2447 IRLE, WIELAND 1310 N FORT HARRISON AVE CLEARWATER FL 33755 - 2418 LOPEZ, CARLOS LOPEZ, COLLEEN A 1414 SUNSET DR CLEARWATER FL 33755 - 2453 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 KIMMEL, MARY J 1364 PALMETTO ST CLEARWATER FL 33755 - 5055 FULLER, LEWIS S EST 908 VINE AVE CLEARWATER FL 33755 - 4251 BROOKS, HASTINGS 610 MINNESOTA DR CLEARWATER FL 33755 - 2539 SAND DOLLAR 705 S 24TH ST FORT SMITH AR 72901 - 4148 TATE, WALTER TATE, VIRGINIA A 608 MARSHALL ST CLEARWATER FL 33755 - 2531 WILLIAMS, BARBARA J 1581 S MADISON AVE CLEARWATER FL 33756 - 2114 SANDERS, HILLARD 608 MINNESOTA DR CLEARWATER FL 33755 - 2539 SHAW, GLEN A 1615 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 RELIGIOUS COMMUNITY SVCS INC 1855 HIGHLAND AVE S CLEARWATER FL 33755- MALKA, DANIEL G 1613 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 CLARK, RICHARD L 1402 N GARDEN AVE CLEARWATER FL 33755 - 2473 AYRES, RAELENE M L 3780 V ANNETER RD WILLIAMS TON MI 48895 - 9572 DANIELS, JOHNNY L 1405 N GARDEN AVE CLEARWATER FL 33755 - 2431 BRASWELL, REGINALD 1609 N MYRTLE AVE CLEARWATERFL 33755 - 2550 KAHN, MITCHELL RHODES, LINDA 1609 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 SUOMINEN, KlRT C 76 SPRING VALLEY LN OTTO NC 28763 - 7031 BOSI, DENNIS C BOSI, LELA V 1309 N OSCEOLA AVE CLEARWATERFL 33755 - 2442 " SO'> f'1.c..r (}..~ ~ '~ CITY OF CLEARWATER /' NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the CIty of Clearwater, Flonda, wIll hold public heanngs on Tuesday, October 19, 2004, begmmng at 2:00 p.m., m the City Counctl 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 bv the applicant. staff. neil!hborinl! propertv owners. etc. will be placed on a consent al!enda and aoproved bv a sinl!le vote at the bel!inninl! of the meetinl!. 1. K & P Clearwater Estate. LLC the City is requesting for the only purpose of attaching conditions of approval, of (1) FleXIble Development approval to Terminate the Status of a Nonconformity for density wIt1un the Tourist District, under the proVISIOns of Section 6-109.C; (2) Flexible Development approval to permit 350 overnight accommodation units and 75 attached dwelhngs as a mixed use (with increase in density of 250 hotel rooms from the Beach by Design density poo!), with a reductIon to the front (east along Coronado Drive) setback from 15 feet to zero feet (to building), a reduction to the front (south along proposed Second Street) setback from 15 feet to zero feet (to bmlding), a reduction to the front (west and north along South Gulfview Boulevard) setback from 15 feet to zero feet (to building), an increase to the building heIght from 35 feet to 150 feet (to roof deck) with an additional five feet for perimeter parapets (from roof deck) and an additional 33 feet for elevator, staIr, mechanical rooms/arclutectural embellishments (from roof deck), deviations to allow stacked parking, allow access to a major arterial street and allow a building within the required sight visibihty tnangles at the mtersection of Coronado Dnve and proposed Second Street, as a Comprehensive Infill Redevelopment Project, under the proviSIOns of SectIon 2-803.C, and to eliminate the required foundatIOn landscaping along Coronado Drive and proposed Second Street, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G; and (3) the vacation of a portion the right-of-way for Gulf view Boulevard between Coronado Drive and proposed Second Street, the vacation of the First Street right-of-way between Coronado Drive and GulfvIew Boulevard, the dedIcation of right-of-way for proposed Second Street between Coronado Avenue and Gulf VIew Boulevard and the dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. [Proposed Use: Hotel of350 rooms (127.78 rooms/acre on total site), 75 attached dwellings (27.38 units/acre on total site) and a maximum of 37,000 sq ft (0.31 FAR on total site) of amenities accessory to the hotel, at, a height of 150 ft (to roof deck) with an additional 5 ft for perimeter parapets (from roof deck) and an additional 33 ft for elevator, stair, mechanical rooms/architectural embellishments (from roof deck)] at 100 Coronado Dr. & 201. 215 and 219 South Gulfview Blvd., Lloyd-WhIte-Skinner Sub, Lots 44-55,90-100, 102, part of Lot 56 & 101, and Columbia Sub, Blk A, Lot 1. FLD2004-02013 2. (cont. from 9/21/2004) Vin!inia B. Franks (Radcliffe Development Company, LLC) IS requesting a Flexible Development approval to develop 4 reSIdentIal attached dwelling umts on a 6,479 sq ft lot (10,000 sq ft IS reqmred), with a mimmum lot width of 60 ft (100 ft is required), a reductIOn in the front setback from 15 ft to 5.69 ft to pavement, a reduction in the side (south) setback from 10 ft to 4 ft (to exterior stairs) a reduction of the side (north) setback from 10ft to 6.72 ft (to building), a reduction of the rear setback from 20 ft to 10 ft to wooden deck, and a building heIght increase from 35 ft to 51.83 ft from FEMA to roof mIdpoint under the proviSIOns of Section 2-803.B. (Proposed Use: Attached dwelhngs) at 669 Bav Esplanade, Mandalay Unit No.5 Replat, Blk 77, Lot 8. FLD2004-03018 3. (cont. from 9/21/2004) Brie:htwater Point. LLC is requesting a Flexible Development to permit a multi-use dock, under the provisions of SectIon 3-601. (Proposed Use: Construct 2 multi-use docks of 2,478 sq ft for 14 slips) at 205. 209 and 214 Brie:htwater Dr., BaysIde Sub. No.2, Lots 27, 28 & 29. FLD2004-06046 G (cont. from 9/21/2004) 1504 Garden Inc. is requesting a Flexible Development approval to permit retail sales within an eXIsting two-story commercial building with a reduction to lot area from 10,000 sq ft to 7,720 sq ft, a reduction to lot width (west) from 100 ft to 50.81 ft, reductIOns to the front (north) setback from 25 ft to 19 ft (to eXIstmg and proposed bmlding) and from 25 ft to 14 ft (to proposed pavement), a reductIOn to the front (west) setback from 25 ft to 15 ft (to proposed pavement), reductions to the SIde (south) setback from 10 ft to 1 ft (to eXIstmg and proposed bmldmg) and from 10 ft to zero ft (to proposed pavement) and a reduction to reqUIred parking from 5 to 4.5 spaces per 1,000 sq ft, as a ComprehensIve Infill Redevelopment Project, under the prOVIsions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from 5 ft to zero ft and a reductIOn m the width of the reqUIred foundatIOn landscaping adjacent to the bUIlding (west side) from 5 ft to 3.75 ft, as part of a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. (Proposed Use: RetaIl sales and services) at 503 Marshall St., E A. Marshall's Sub, Lot 10 & W 12 ofvac alley on E. FLD2004-02010 .. 5. (cont. from 9/21/2004) Quality Boats Inc. & Clearwater Marine Aquarium. Inc. (Harbour Watch, LLC) are requesting a Flexible Development approval to permit 31 attached residential units with a front (north) setback of 6.6 ft (to pavement) and 26.12 ft (to building), a side (east) setback of22 75 ft (to bUilding), a rear (south) setback of20 ft (to pool and cabana) and 53.56 ft to bUilding, and a side (west) setback of zero ft (to pavement) and 22.74 ft (to building), and a building height of 85 ft from Base Flood Elevation to midpoint of the roof, as part of a Comprehensive Infill Redevelopment Project, under the provisIOns of SectIOns 2-704.C. (Proposed Use: Multi-family residential) at 279 Windward JPassal!e, Island Estates of Clearwater Unit 5, Blk C, W 50' of Lots 1 and 4 and all of Lots 5, 6, 7 and 8. FLD2004-06042 6. Windward Passal!e Condominiums. LLC / Hil!h and Dry Marina. Inc. is requesting a Flexible Development to permit a multi-use dock with a reduction to the side (east) setback from 42.9 ft to 18.7 ft, under the provisions of Section 3- 601. [Proposed Use: Construction of a multi-use dock for 20 slips totaling 4720 sq ft, with each dock measuring 50 ft in length from a 10 ft wide boardwalk adjacent to the seawall (in association with an approved 55 unit condominium project)]. at 202 Windward Passal!e, Island Estates of Clearwater Unit 5, Blk D, part of Lot 9 and all of Lots 10-13 inc\. FLD2004- 05035 7. The Moorinl!s Town Homes II. LLC is requesting a Flexible Development to permIt a multi-use dock, under the provisions of Section 3-601. [Proposed Use: Construction of a 740 sq ft multi-use dock for 6 slips, with each dock measuring 40 ft in length from the seawall (m association with an approved 6 unit townhome project)] at 674 Bayway Boulevard, Moorings Townhomes II, Lots 1-6. FLD2004-07049 8. Bril!htwater Cove LLC IS requesting a Flexible Development approval to permit a multI-use dock for 9 slips with a reduction to the side (east) setback from 17.9 ft to 7 ft, a reduction to the side (west) setback from 17.9 ft to 9 ft and an increase to the width of the dock from 75 percent ofthe lot WIdth (134 ft) to 90.5 percent of the lot width (162 ft), under the provisions of Section 3-601. [Proposed Use: Construction of a 1700 sq ft multi-use dock for 9 slips, with each dock measuring a maximum of 58.9 ft in length from the seawall (in association with an approved 9 unit townhome project)] at 130 Bril!htwater Drive, Brightwater Cove, Lots 1-9. FLD2004-07051 9. David A. & Sharon A. Cote are requesting a Flexible Development approval for (1) the Termination of Status of Nonconformity for density for the purpose of adding a 3 car garage, under the proVisions of Section 6-109, and (2) the expansion of attached dwellings with a reduction to the front (north) setback from 25 ft to 20 ft (to building) and a reduction to the side (south) setback from 10 ft to 5 ft (to building), as a Residential Infill Project, under the provisions of Section 2- 203.C. [Proposed Use: Construction of a 3 car attached garage in association with an eXisting nonconforming attached dwelling (duplex)] at 115 North Keystone Drive, Keystone Manor, Elk D, Lot 1 & 20. FLD2004-06044 10. John S. Taylor. III/Interstate Hotels and Resorts (Contmental DeSign & Supplies, LLC) are requesting a Flexible Development approval to permIt a reduction to the number of parking spaces from 445 to 324 spaces at an existing overnight accommodatIOn and retaIl sales use (Hilton Hotel), as a Comprehensive Infill Redevelopment Project, under the proviSIOns of SectIon 2-803.C. [Proposed Use: Elimination of35 existing parkmg spaces in conjunction with improvements to an existing hotel (Hilton)] at 400 Mandalay Avenue, Sec 08-29-15, M&B 23.01. FLD2004-04027 11. City of Clearwater are requesting a FleXible Development application to amend a previously approved FLD2002- 07021A (CDB approved on Apnl 15,2003) to elimmate landscape islands and separators in the parkmg area south of the stadium and to add additional land area within the Progress Energy right-of-way south of the stadium for grass parkmg, under the provisions of SectIOns 2-704.B and 2-1404.A and to amend a previously approved Comprehensive Sign Program (SGN2003-01002) for the stadium, under the provisions of Section 3-1807 (Proposed Use: Addition of grass parking area Within Progress Energy nght-of-way adjacent to and southwest of the Bnght House Networks stadium, eliminatIOn of landscape islands and separators from paved parking area south of the stadium and amendment to the approved slgnage) at 601 Old Coachman Road, Sec 07-29-16, M&B 41.01 & 43.01 & Clearwater CollectIOn 2nd Replat. FLD2004- 07055/SGN2004-0800 1 12. Clearwater Seashell Resort. L.C. IS requesting a Flexible Development applicatIOn to amend a previously approved FL 01-01-01 (CDB approved on February 20, 2001) to permit an additIOnal 24 overnight accommodation umts from the denSIty pool (in addItion to the previously approved 250 overnight accommodation uruts) as a mixed use, with a maximum of 70,000 sq ft of amenitIes accessory to the hotel and a minimum of 400 public parking spaces, as a ComprehenSive Infill Redevelopment Project, under the provisions of Section 2-803.C. [Proposed Use: Hotel of 250 rooms (153.37 rooms/acre on total site), 18 attached dwellings (11.04 umts/acre on total site) and a maximum of 70,000 sq ft (0.98 FAR on total site) of amemties accessory to the hotel, at a height of 150 ft (to roof deck)] at 229 and 301 South Gulfview Boulevard and ~ 230,300 and 304 Coronado Drive (Related to DVA2004-00002), Lloyd-White Skmner Sub, Lots 57, 58, 59,104,105 & 106 and part of Lots 56,103, & 107. FLD2004-07052 13. Baywatch Suites Inc. / Valentinos Koumoulidis is requesting a Flexible Development appltcatlOn to permit attached dwellmgs with reductions to the front setback from 15 ft to zero ft (to pavement and trash stagmg area), a reduction to the side (east) setback from 10ft to three ft (to pavement), reductions to the side (west) setback from 10ft to 7.1 ft (to pavement) and 7.3 ft to building, reductions of the rear setback from 20 ft to zero ft (to pool deck) and from 20 ft to 9.7 ft (to building), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. and the Transfer of Development Rights for 3 dwelling units from 620 Bayway Boulevard (1 unit), 674 Bayway Boulevard (1 unit), and 645 Bayway Boulevard (1 unit). [Proposed Use: Attached dwelling units (19 unit condominium; 4 levels of living area over ground-level parking)] at 600 Bayway Boulevard, Bayside Sub No 5, Lots 6-8 & riparian nghts. FLD2004- 07050/TDR2004-09012 14. Ellis & Co., Ltd. a Florida Limited PatnershlP IS requestmg a Flexible Development approval for the change of use of an eXlstmg automobile service station to a 2,266 sq ft restaurant, with a reduction to the front (west) setback from 25 ft to 15 ft (to pavement), a reductIOn of the front (north) setback from 25 ft to 15 ft (to pavement), reductions of the side (west) setback from 10 ft to 3 ft (to building) and 10 ft to zero ft (to extenor seating wood deck), a reduction of the side (south) setback from 10 ft to zero ft (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C., and as part of a Comprehensive Landscape Program, under the prOVisions of Section 3-1202.G. (Proposed Use: Restaurant) at 2201 Gulfto Bay Boulevard, Sec 18-29-16, M&B 32/04 and 32/05. FLD2004-08058 15. City of Clearwater is requesting a Flexible Development approval for installation of a secunty fence at an existing potable water facility. The request includes placement of an 8 ft fence consisting of masonry columns with substantial aluminum grillwork within a front (north) setback and exemption from the landscaping requirements along the proposed chain lInk fencing proposed for the eastern and southern property boundaries, as a Comprehensive Infill Redevelopment Project, per section 2-1204.A. (Proposed Use: Security Fence) at 2775 State Road 580, Sec 29-28-16, M&B 31/01. FLD2004-09064 16. Ronald J. & Mireille Pollack are requesting a Flexible Development for an addition to an eXisting single-family reSidence. The request is for reduction to the Coastal Construction Control Line (west) setback from 25 ft to 8 ft to the structure, as part of a Residential Infill Project under the proviSIOns of Section 2-203.C. (Proposed Use: Detached DwellIng) at 1000 Eldorado Avenue, Mandalay, Elk 69, Lot 6 & part of Lot 5 & riparian rights. FLD2004-08056 17. Manal Oil, Inc. is reque~ting an Appeal of an administrative determination denymg the expansion of the retail sales portion (converuence store) of a nonconformmg automobile service statIOn, under the provisions of Sections 4-501.A.2 and 4-503. (Proposed Use: Expansion of an automobile service station) at 1310 Cleveland Street, Brookwood Terrace Revised, Elk 2, Lots 30-33. APP2004-00006 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 to request and obtain party status by the Board dunng the case discussion, a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal IS to be based per Florida Statute 286.0105. Community Development Code Section 4-206 states that party status shall be granted by the Board If person requestmg such demonstrates that s/he is substantIally affected. Party status entitles parties to: personally testIfy, present evidence, argument and WItnesses, cross-examine witnesses, appeal the deCision and speak on reconsideratIon requests. An oath will be administered sweanng all partiCIpants in public hearing cases. If you wish to speak please wait to be recognIzed, then state and spell your name and prOVide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual IS representing a group in which case the Chairperson may authonze a reasonable amount of time up to 10 minutes FIVe days prior to the meeting, staff reports and recommendations on the above requests will be avaIlable for review by interested parties between the hours of 8:30 a.m. and 4'30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to discuss any questIOns or concerns about the project and/or to better understand the proposal and review the site plan. ThiS notice was sent by the OffiCial Records and LegislatIve Services Department, Cynthia E. Goudeau, CMC, City Clerk -.. '~ Cyndi Tarapam Planmng Department City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representattve must be present at the heanng. Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE OFFICIAL RECORDS AND LEGIS LA TIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO P ARTICIP A TE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 10/03/04 . , . WW -- rLD t:/l OU'!- dOLO /0 \7 US ffl " ~" /f Lc.", I CLEARWATER, CITY OF '112 S OSCEOLA AVE PO BOX 4748 CLEARWATER FL 33758 - 4748 TROISI, DANIEL J 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 WALTERS, ROBERT JR 615 MINNESOTA DR CLEARWATER FL 33755 - 2540 PARLOR, KATHLEEN PARLOR, GREGORY D 1415 SUNSET DR -CLEARWATER FL 33755 - 2454 BORTKO, WILLIAM E 1614 N OSCEOLA AVE CLEARWATER FL 33755 - 2447 TREMMEL, JAMES H 1411 NOSCEOLAAVE CLEARWATER FL 33755 - 2444 CRUZ, EDWARD P CRUZ, NINA M 1401 NOSCEOLAAVE CLEARWATER FL 33755 - 2444 ANDERSON, EDWARD H 604 MARSHALL ST CLEARWATER FL 33755 - 2531 LARKIN, NEDRA K H 602 MARSHALL ST CLEARWATER FL 33755 - 2531 SERGEANT ALLEN MOORE COMMUNITY PTNSHIP INC 1201 N BETTY LN CLEARWATER FL 33755 - 3306 CONNORS, CARRIE L 2500 WOODLAND PARK DR # L- 206 HOUSTON TX 77077 - 3259 MAAS, TODD T 3000 GEIGER CT CLEARWATER FL 33761 - 2004 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 ZEITLER, DONALD E ZEITLER, PEGGIE 1700 N FORT HARRISON AVE CLEARWATERFL33755 -1701 VINCA, SELIM 1450 MARJOHN AVE CLEARWATER FL 33756 - 2431 SZABO, ELIZABETH S 1603 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 LAHRSEN, TRACY J 1413 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 CROZIER, MELODY J 1409 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 SHANNON, DONNA F 1411 SUNSET DR CLEARWATER FL 33755 - 2454 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755 - 2432 I IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 PEARSON, DA VID H PEARSON, DANIEL A 1625 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 GIERYN, DOUGLAS 403 MARSHALL ST CLEARWATER FL 33755 - 2437 JUDY, FRED M 1401 NMYRTLE AVE CLEARWATER FL 33755 - 2546 FRANKLIN, LINDA G KELLY, GEORGE L 1500 N OSCEOLA AVE CLEARWATER FL 33755 - 2445 ROSADO, WILLY P ROSADO, MARIELA P 1417 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 MOUNTENA Y, JOAN L 1415 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 <; CONNORS, MARTIN J 1410 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 TREMMEL, JAMES H 1411 NOSCEOLAAVE CLEARWATER FL 33755 - 2444 HERIT AGE CONDO ASSN INC 2905 W BAY DR LARGO FL 33770 - 2621 OKUBOYE, JULIUS A 600 N OSCEOLA AVE CLEARWATER FL 33755 - 3838 WORLD LITERACY CRUSADE PIN CTY 1611 NFTHARRISON AVE CLEARWATER FL 33755 - 2425 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 PICCONE, CHRISTOPHER BLUNT, ODELL G SR BRASWELL, REGINALD PICCONE, ANNE N BLUNT, ODELL E JR EST 1609 N MYRTLE AVE 608 LAKE CYPRESS CIR 1020 APACHE TRL CLEARWATER FL 33755 - 2550 OLDSMAR FL 34677 - CLEARWATER FL 33755 - 1801 STICKLER, SARA L HANCOCK, MARY N CARTER PROPERTIES INC QUEEN, JOHN-BEAU HANCOCK, HARRY LYNCH, LINDA TRE PO BOX 165 152 PALMETTO RD 361 WEKN A COVE RD OAK HILL NY 12460 - 0165 CLEARWATER FL 33756 - 1428 LONGWOOD FL 32779 - 5647 RELIGIOUS COMMUNITY IRLE, WIELAND MC KINNEY, LEROY SERVICES INC IRLE, YVONNE M MC KINNEY, HENRY T 1855 S HIGHLAND AVE 1402 N FORT HARRISON AVE 607 MARSHALL ST CLEARWATER FL 33756 - 1750 CLEARWATER FL 33755 - 2420 CLEARWATER FL 33755 - 2532 HARRIS, CHARLIE WHITNEY, ROBERT JATTANSINGH, MOHAN 1417 PINEBROOK DR WHITNEY, CRESCENSA 1867 NUTHATCH WAY CLEARWATER FL 33755 - 3439 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 6666 PALM HARBOR FL 34683 - 5838 JACKSON, JOHNNY S JR BURNEY, MILDRED COSTA, CATALINA JACKSON, MARIAN J 1749 JADE AVE 1605 N OSCEOLA AVE 609 MINNESOTA DR CLEARWATER FL 33755 - 1933 CLEARWATER FL 33755 - 2448 CLEARWATER FL 33755 - 2540 JATTANSINGH, MOHAN COEUR DE LION INC EWART HOLDINGS INC 1867 NUTHATCH WAY POBOX 1564 POBOX 747 PALM HARBOR FL 34683 - 6666 LARGO FL 33779 - 1564 LARGO FL 33779 - 0747 LASTER, MARIE ZELLNER, MARY 1409 N GARDEN AVE CLEARWATER FL 33755 - 2431 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 HARRIS, MARY J 609 MARSHALL ST CLEARWATER FL 33755 - 2532 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 HONE, DAVID G HONE, TARA A 1505 SUNSET DR CLEARWATER FL 33755 - 2457 HUDSON, JAMES W 1412 N OSCEOLA AVE CLEARWATER FL 33755 - 2443 HALL, VICKIE A 1612 OSCEOLA AVE CLEARWATER FL 33755 - 2447 GREENBAUM, LAURENCE 12FERNBROOKE SAFETY HARBOR FL 34695 - 3314 IRLE, YVONNE M 1310 N FORT HARRISON AVE CLEARWATER FL 33755 - 2418 READY, ALLIE 610 MARSHALL ST CLEARWATER FL 33755 - 2531 P AULTRE, FRANTZ G LIANG-PAULTRE, YU HSIANG 1308 VERMONT AVE TARPON SPRINGS FL 34689 - 3878 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 KIMMEL, MARY J 1364 PALMETTO ST CLEARWATER FL 33755 - 5055 AYRES, RAELENE M L 3780 V ANNETER RD WILLIAMS TON MI 48895 - 9572 SAND DOLLAR 705 S 24TH ST FORT SMITH AR 72901 - 4148 TATE, WALTER TATE, VIRGINIA A 608 MARSHALL ST CLEARWATER FL 33755 - 2531 SUAREZ, ALICIA 401 MARSHALL ST CLEARWATER FL 33755 - 2437 SAGE RYAN REALTY INC 1401 MYRTLE AVE CLEARWATER FL 33755 - 2546 POOK, PEACHES 234 DOLPHIN POINT RD # 1 CLEARWATER FL 33767 - 2110 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 WHITNEY, ROBERT SR WHITNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 MALKA, DANIEL G 1613 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 CLARK, RICHARD L 1402 N GARDEN AVE CLEARWATER FL 33755 - 2473 BRUWER, JENNIFER CULMER, KEVIN 1601 SUNSET DR CLEARWATER FL 33755 - 2459 BRASWELL, REGINALD 1609 N MYRTLE AVE CLEARWATER FL 33755 - 2550 KAHN, MITCHELL RHODES, LINDA 1609 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 REAL DEAL ESTATES 402 MARSHALL ST CLEARWATER FL 33755 - 2436 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PORT RICHEY FL 34654 - 3431 SHAW, GLEN A 1615 N OSCEOLA AVE CLEARWATERFL 33755 - 2448 CAHALL, CHARLES V 13553 SAN RAFAEL DR LARGO FL 33774 - 4638 GLICKMAN, PETER D GLICKMAN, MARLENE D 2251 WILLOWBROOK DR CLEARWATER FL 33764 - 6744 QURESHI, ZAHID 3959 SOUTH ST SEAFORD NY 11783 - 3242 DANIELS, JOHNNY L 1405 N GARDEN AVE CLEARWATER FL 33755 - 2431 FICKEN, JAMES R TRE CLEARWATER RES TRUST 1608 N OSCEOLA AVE CLEARWATER FL 33755 - 2447 IRLE, WIELAND 1310 N FORT HARRISON AVE CLEARWATER FL 33755 - 2418 ,.I SUOMINEN, KIRT C 76 SPRING VALLEY LN OTTO NC 28763 - 7031 GAIK, ARDEN J 1603 SUNSET DR CLEARWATER FL 33755 - 2459 BRITT, LEE 1621 N MYRTLE AVE CLEARWATER FL 33755 - 2559 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Dr. Clearwater, FL 33761 SANDERS, HILLARD 608 MINNESOTA DR CLEARWATER FL 33755 - 2539 OKUBOYE, DEJI 0 600 N OSCEOLA AVE CLEARWATER FL 33755 - 3838 GUIDI, HAZEL M TRE 1503 SUNSET DR CLEARWATER FL 33755 - 2457 CASALE, ANN TRE IPPOLITO,ILARA TRE 1200 GULF BLVD # 1404 CLEARWATER FL 33767 - 3700 Hashim Sullaiman 1504 N. Garden Ave. Clearwater, FL 33755 CRILLO, LINDA ZAHID, ROY PO BOX 8473 CLEARWATER FL 33758 - 8473 FICKEN, JAMES R TRE OLD BAY TRUST 5/30/95 1608 OSCEOLA AVE CLEARWATER FL 33755 - 2447 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755 - 2432 Old Clearwater Bay Neighborhood Association - Vicky Morgan 301 Cedar St. Clearwater, FL 33755 f -~ l CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the CIty of Clearwater, Flonda, wIll hold pubhc heanngs on Tuesday, September 21, 2004, beginmng at 2:00 pm., m the City Councd Chambers, m CIty Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Flonda, to consider the following requests: NOTE: All persons wishine: to address an item need to be present at the BEGINNING of the meetine:. Those cases that are not contested by the applicant. staff. neie:hborine: property owners. etc. will be placed on a consent ae:enda and approved bv a sine:le vote at the bee:innine: of the meetine:. 1 Antonios Markopoulos. T. M. Mee:as and Kolossos Inn. Inc. are requesting a reconsideration of the case at October 19, 2004 CDB meeting for the only purpose of attachmg condItIons of approval. [Proposed Use: Hotel of 350 rooms (127.78 rooms/acre on total site), 75 attached dwellings (27.38 umts/acre on total SIte) and a maXImum of37,000 sq ft (0.31 FAR on total site) of amenitIes accessory to the hotel, at a heIght of 150 ft (to roof deck) with an additional 5 ft for perimeter parapets (from roof deck) and an additional 33 ft for elevator, stair, mechanical rooms/architectural embellishments (from roof deck)] at 100 Coronado Dr. & 201. 215 and 219 South Gulfview Blvd., Lloyd- White-Skinner Sub, Lots 44-55,90-100, 102, part of Lot 56 & 101, and Columbia Sub, Blk A, Lot 1. FLD2004-02013 2. Vire:inia B. Franks is requesting a Flexible Development approval to develop 4 reSIdential attached dwelhng units on a 6,479 sq ft lot (10,000 sq ft is required), with a minimum lot width of 60 ft (100 ft is required), a reductIOn In the front setback from 15 ft to 5.69 ft to pavement, a reductIon in the side (south) setback from 10 ft to 4 ft (to exterior staIrs) a reduction of the side (north) setback from 10 ft to 6.72 ft (to building), a reduction of the rear setback from 20 ft to 10 ft to wooden deck, and a bUIlding height increase from 35 ft to 51.83 ft from FEMA to roof rmdpoInt under the provIsions of Section 2-803.B. (Proposed Use: Attached dwelhngs) at 669 Bay Esplanade, Mandalay Umt No.5 Replat, Blk 77, Lot 8. FLD2004-03018 3. Brie:htwater Point. LLC is requesting a Flexible Development to permit a multi-use dock, under the provisions of SectIOn 3-601. (Proposed Use: Construct 2 multi-use docks of 2,478 sq ft for 14 slips) at 205. 209 and 214 Brie:htwater Dr., Bayside Sub. No.2, Lots 27, 28 & 29. FLD2004-06046 Q1504 Garden Inc. is requesting a Flexible Development approval to permit retail sales within an existing two-story l\.d'~ercIal building with a reduction to lot area from 10,000 sq ft to 7,720 sq ft, a reduction to lot width (west) from 100 ft to 50.81 ft, reductions to the front (north) setback from 25 ft to 19 ft (to existing and proposed bUIlding) and from 25 ft to 14 ft (to proposed pavement), a reduction to the front (west) setback from 25 ft to 15 ft (to proposed pavement), reductions to the SIde (south) setback from 10 ft to 1 ft (to existing and proposed building) and from 10 ft to zero ft (to proposed pavement) and a reduction to required parkIng from 5 to 4.5 spaces per 1,000 sq ft, as a Comprehensive Intill Redevelopment Project, under the provisions of Section 2-704.C, and a reduction to the landscape buffer along the south property line from 5 ft to zero ft and a reduction in the width of the required foundation landscaping adjacent to the building (west SIde) from 5 ft to 3.75 ft, as part of a Comprehensive Landscape Program, under the provisions of Section 3-l202.G. (Proposed Use: RetaIl sales and services) at 503 Marshall St., EA. Marshall's Sub, Lot 10 & W Y2 of vac alley on E. FLD2004-020 1 0 5. MIF Investments Inc. is requestIng a Flexible Development approval to permit a medical office within an eXIstmg 2- story 3,575 sq ft commercial building with a proposed one-story 896 sq ft building addItion, WIth reductions to the front (west) setback from 25 ft to 4 ft (to pavement) and 23 ft (to budding), the front (south) setback from 25 ft to 3 ft (to pavement) and 5 ft (to building), and a reduction of parking spaces from 18 required spaces to 13 parkIng spaces, as a ComprehensIve Intill Redevelopment Project, under the proVIsions of SectIOn 2-704.C, and as part of a Comprehensive Landscape Program, under the proviSIOns of Section 3-l202.G. (Proposed Use: Medical office) at 921 S. Missouri Ave.. McVeigh Sub 1st Add, BIk D, Lot 8 and all ofvac alley on E FLD2004-03016 6. Decade Properties Inc. is requestmg a Flexible Development approval of a MIxed Use development for 13 multi-famIly reSIdentIal umts and 6 hotel units WIth a reduction of the front (south) setback from 15 ft to 6.03 ft (to pavement), and a bUIldmg heIght increase from 35 ft to 49 ft from FEMA (plus roof appurtenances), as a ComprehensIve Intill Redevelopment Project, under the proVISIOns of Section 2-803.C. (Proposed Use: Multi-family reSIdentIal and overnIght accommodations) at 850 Bayway Blvd., Bayside Sub No.6 Unit A, Blk D, Lot 12 and Bayside Sub No.6 Unit C, BIk D, Lots 13, 14 & 15. FLD2004-04026 "\ 7 David L. & Kathleen A. Jave, TRE are requestmg a Flexible Development approval to construct a 3 bay self-servIce car wash, with reductIOns to the front (north) setback from 25 ft to 8 ft to the dumpster enclosure, from 25 ft to 24 ft to buildmg, a reductIOn from the front (east) setback from 25 ft to 20 ft to buildmg, a reductIOn from the sIde (west) setback from 10ft to 5 ft to the freestanding vacuum area and from 10ft to 9 ft to pavement, and a reduction to the reqUIred parkmg spaces from 7 to 3 spaces, as part of a Comprehensive Landscape Program, under the prOVISIOns of SectIOn 3-1202.G. (Proposed Use: Car wash) at 1410 Bettv Ln., Stevenson's Heights, Blk A, Lot 27 FLD2004-04032 8. Qualitv Boats Inc. & Clearwater Marine Aauarium, Inc. are requestmg a FleXIble Development approval to permit 31 attached residentIal units with a front (north) setback of6.6 ft (to pavement) and 26.12 ft (to building), a side (east) setback of 22.75 ft (to building), a rear (south) setback of 20 ft (to pool and cabana) and 53.56 ft to building, and a side (west) setback of zero ft (to pavement) and 22.74 ft (to bUIlding), and a building height of 85 ft from Base Flood Elevation to mldpomt of the roof, as part of a Comprehensive Infill Redevelopment Project, under the proVIsions of SectIOns 2-704.C. (Proposed Use: MultI-famIly residential) at 279 Windward Passal!e. Island Estates of Clearwater Unit 5, Blk C, W 50' of Lots 1 and 4 and all of Lots 5, 6, 7 and 8. FLD2004-06042 Interested partIes may appear and be heard at the hearings or file wntten 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 heanngs, wIll need to request and obtain party status by the Board during the case discussion, a record of the proceedmgs and, for such purpose, may need to ensure that a verbatIm record of the proceedings is made, which record mcludes the testimony and eVIdence upon which the appeal is to be based per Florida Statute 286.0105. Commuruty Development Code Section 4-206 states that party status shall be granted by the Board If person requesting such demonstrates that s/he is substantIally affected. Party status entitles partIes to: personally testify, present evidence, argument and witnesses, cross-examme witnesses, appeal the decision and speak on reconsideration requests. An oath wIll be administered swearing all partIcipants in public hearing cases. If you wish to speak please walt to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an indiVIdual is representing a group in whIch case the Chairperson may authorize a reasonable amount of tIme up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests wIll be avaIlable for review by interested partIes between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact Frank Gerlock, Development Review Manager, at 562-4557 to discuss any questIOns or concerns about the project and/or to better understand the proposal and review the sIte plan. This notice was sent by the Official Records and Legislative Services Department, Cynthia E. Goudeau, CMC, CIty Clerk 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. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS A V AILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPT WITH THEIR REQUEST AT (727) 562-4090. Ad: 09/05/04 \ Cyndi Tarapam Planmng DIrector CynthIa E. Goudeau, CMC CIty Clerk CIty of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT. OF THE SUBJECT PROPERTY. A COpy OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPARTMENT. ANY PERSON WITH A DISABILITY REOUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. Ad: 09/05/04 , ~ ; CLEARWATER, CITY OF , 112 S OSCEOLA AVE PO BOX 4748 CLEARWATER FL 33758 - 4748 TROISI, DANIEL J 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 PEARSON, DAVID H PEARSON, DANIEL A 1625 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 TROISI, DANIEL J TROCKELS, KAREN 1605 N FORT HARRISON AVE CLEARWATER FL 33755 - 2425 GIERYN, DOUGLAS 403 MARSHALL ST CLEARWATER FL 33755 - 2437 JUDY, FRED M 1401 N MYRTLE AVE CLEARWATER FL 33755 - 2546 FRANKLIN, LINDA G KELLY, GEORGE L 1500 N OSCEOLA AVE CLEARWATER FL 33755 - 2445 CROZIER, MELODY J 1409 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CONNORS, CARRIE L 2500 WOODLAND PARK DR # L- 206 HOUSTON TX 77077 - 3259 MAAS, TODD T 3000 GEIGER CT CLEARWATER FL 33761 - 2004 WALTERS, ROBERT JR 615 MINNESOTA DR CLEARWATER FL 33755 - 2540 PARLOR, KATHLEEN PARLOR, GREGORY D 1415 SUNSET DR CLEARWATERFL 33755 - 2454 BORTKO, WilLIAM E 1614 N OSCEOLA AVE CLEARWATERFL 33755 - 2447 TREMMEL, JAMES H 1411 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 CRUZ, EDWARD P CRUZ, NINA M 1401 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 ANDERSON, EDWARD H 604 MARSHALL ST CLEARWATERFL 33755 - 2531 LARKIN, NEDRA K H 602 MARSHALL ST CLEARWATERFL 33755 - 2531 ROSADO, WILLY P ROSADO, MARIELA P 1417 N OSCEOLA AVE CLEARWATERFL 33755 - 2444 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755 - 2432 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 wmTNEY,ROBERTSR wmTNEY, CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 ZEITLER, DONALD E ZEITLER, PEGGIE 1700 N FORT HARRISON AVE CLEARWATERFL 33755 -1701 VINCA, SELIM 1450 MARJOHN AVE CLEARWATER FL 33756 - 2431 SZABO, ELIZABETH S 1603 N OSCEOLA AVE CLEARWATERFL 33755 - 2448 LAHRSEN, TRACY J 1413 N OSCEOLA AVE CLEARWATER FL 33755 - 2444 wmTNEY,ROBERTSR wmTNEY,CRESCENSA 524 WINDING WILLOW DR PALMHARBORFL 34683 - 5838 LAMBERT,MALVINH 1271 WOODLAWN TER CLEARWATERFL 33755 -1154 SERGEANT ALLEN MOORE COMMUNITY PTNSillP INC 1201 NBETTYLN CLEARWATER FL 33755 - 3306 503 MAAshcL! L~' vJ F==' LTblC04 - 0& 0 I 0 V\J. , MOUNTENAY, JOANL 1415 N OSCEOLA AVE CLEARWATERFL 33755 ~ 2444 CONNORS, MARTIN J 1410NOSCEOLAAVE CLEARWATERFL 33755 ~ 2443 HERITAGE CONDO ASSN INC 2905 WBAYDR LARGO FL 33770 - 2621 WORLD LITERACY CRUSADE TREMMEL, JAMES H OKUBOYE, JULIUS A PIN CTY 1411 NOSCEOLAAVE 600 N OSCEOLA AVE 1611 NFTHARRISON AVE CLEARWATER FL 33755 ~ 2444 CLEARWATERFL 33755 - 3838 CLEARWATER FL 33755 - 2425 CONTRYMAN, KAREN M OLINGER, PEARL J TRE PICCONE, CHRISTOPHER 9035 PENNANT CT 1270 BELLEVUE BLVD PICCONE, ANNE N NEW PRT RCHY FL 34654 - 3431 CLEARWATER FL 33756 - 2201 608 LAKE CYPRESS CIR OLDSMAR FL 34677 - BLUNT, ODELL G SR BRASWELL, REGINALD STICKLER, SARA L BLUNT, ODELLEJR EST 1609 N MYRTLE AVE QUEEN, JOHN-BEAU 1020 APACHE TRL CLEARWATER FL 33755 - 2550 PO BOX 165 CLEARWATERFL 33755 - 1801 OAK HaL NY 12460 - 0165 HANCOCK, MARYN CARTER PROPERTIES INC RELIGIOUS COMMUNITY HANCOCK, HARRY LYNCH, LINDA TRE SERVICES INC 152 PALMETTO RD 361 WEKIV A COVE RD 1855 S HIGHLAND AVE CLEARWATERFL 33756 -1428 LONGWOOD FL 32779 - 5647 CLEARWATERFL 33756 -1750 IRLE, WIELAND MC KINNEY, LEROY HARRIS, CHARLIE IRLE, YVONNEM MC KINNEY, HENRY T 1417 PINEBROOK DR 1402 N FORT HARRISON AVE 607 MARSHALL ST CLEARWATER FL 33755 - 3439 CLEARWATERFL 33755 - 2420 CLEARWATER FL 33755 ~ 2532 WHITNEY, ROBERT JATTANSINGH, MOHAN JOHNSON, SHAWN L WHITNEY,CRESCENSA 1867 NUTHATCH WAY 619 MINNESOTA DR 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 6666. CLEARWATERFL 33755 - 2540 PALMHARBORFL 34683 - 5838 JACKSON, JOHNNY S JR BURNEY, MILDRED COSTA, CATALINA JACKSON, MARIAN J 1749 JADE AVE 1605 N OSCEOLA AVE 609 MINNESOTA DR CLEARWATERFL 33755 -1933 CLEARWATER FL 33755 - 2448 CLEARWATER FL 33755 - 2540 JATTANSINGH, MOHAN COEUR DE LION INC EWART HOLDINGS INC 1867 NUTHATCH WAY PO BOX 1564 P o BOX 747 PALM HARBOR FL 34683 - 6666 LARGO FL 33779 - 1564 LARGO FL 33779 - 0747 LASTER, MARIE ZELLNER, MARY 1409 N GARDEN AVE CLEARWATERFL 33755 - 2431 HARRIS, MARY J 609 MARSHALL ST CLEARWATER FL 33755 - 2532 HONE, DAVID G HONE, TARA A 1505 SUNSET DR CLEARWATER FL 33755 - 2457 IRLE, WIELAND IRLE, YVONNE M 1402 N FORT HARRISON AVE CLEARWATER FL 33755 - 2420 HALL, VICKIE A 16120SCEOLAAVE CLEARWATERFL 33755 - 2447 GREENBAUM, LAURENCE 12 FERNBROOKE SAFETY HARBOR FL 34695 - 3314 IRLE, YVONNE M 1310NFORTHARRISON AVE CLEARWATERFL 33755 - 2418 READY, ALLIE 610 MARSHALL ST CLEARWATER FL 33755 - 2531 P AULTRE, FRANTZ G LIANG-P AUL TRE, YU HSIANG 1308 VERMONT AVE TARPON SPRINGS FL 34689 - 3878 CONTRYMAN, KARENM 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 KIMMEL, MARY J 1364 PALMETTO ST CLEARWATER FL 33755 - 5055 FULLER, LEWIS S EST 908 VINE AVE CLEARWATER FL 33755 - 4251 BROOKS, HASTINGS 610 MINNESOTA DR CLEARWATER FL 33755 - 2539 CONTRYMAN, KAREN M 9035 PENNANT CT NEW PRT RCHY FL 34654 - 3431 SUAREZ, ALICIA 401 MARSHALL ST CLEARWATERFL 33755 - 2437 SAGE RYAN REALTY INC 1401 MYRTLE AVE CLEARWATER FL 33755 - 2546 POOK, PEACHES 234 DOLPlllN POINT RD # 1 CLEARWATERFL 33767 - 2110 CLEARWATER, CITY OF PO BOX 4748 CLEARWATERFL 33758 - 4748 WHITNEY,ROBERTSR WHITNEY,CRESCENSA 524 WINDING WILLOW DR PALM HARBOR FL 34683 - 5838 MALKA, DANIEL G 1613 NOSCEOLAAVE CLEARWATER FL 33755 - 2448 CLARK, RICHARD L 1402 N GARDEN A VB CLEARWATERFL 33755 - 2473 AYRES, RAELENE M L 3780 V ANNETER RD WILLIAMSTON MI 48895 - 9572 DANIELS, JOHNNY L 1405 N GARDEN AVE CLEARWATERFL 33755 - 2431 HUDSON, JAMES W 1412 N OSCEOLA AVE CLEARWATERFL 33755 - 2443 REAL DEAL ESTATES 402 MARSHALL ST CLEARWATER FL 33755 - 2436 EVERYBODY'S TABERNACLE INC 1120 N BETTY LN CLEARWATER FL 33755 - 3303 CONTRYMAN, KARENM 9035 PENNANT CT NEW PORT RICHEY FL 34654 - 3431 SHAW, GLEN A 1615 N OSCEOLA AVE CLEARWATER FL 33755 - 2448 CAHALL, CHARLES V 13553 SAN RAFAEL DR LARGO FL 33774 - 4638 GLICKMAN, PETER D GLICKMAN, MARLENE D 2251 WILLOWBROOKDR CLEARWATER FL 33764 - 6744 QUREsm, ZAHID 3959 SOUTH ST SEAFORD NY 11783 - 3242 BRUWER, JENNIFER CULMER, KEVIN 1601 SUNSET DR CLEARWATER FL 33755 - 2459 SAND DOLLAR 705 S 24TH ST FORT SMITH AR 72901 - 4148 BRASWELL, REGINALD FICKEN, JAMES R TRE TATE, WALTER 1609 N MYRTLE A VB CLEARWATER RES TRUST TATE, VIRGINIA A CLEARWATER FL 33755 - 2550 1608 N OSCEOLA A VB 608 MARSHALL ST CLEARWATERFL 33755 - 2447 CLEARWATER FL 33755 - 2531 KAHN, MITCHELL IRLE, WIELAND SUOMINEN, KIRT C RHODES, LINDA 1310 N FORT HARRISON A VB 76 SPRING VALLEY LN 1609 N OSCEOLA A VB CLEARWATERFL 33755 - 2418 OTTO NC 28763 - 7031 CLEARWATER FL 33755 - 2448 SANDERS, HILLARD CRILLO, LINDA GAIK, ARDEN J 608 MINNESOTA DR ZAHID, ROY 1603 SUNSET DR CLEARWATER FL 33755 - 2539 PO BOX 8473 CLEARWATER FL 33755 - 2459 CLEARWATERFL 33758 - 8473 OKUBOYE, DEn 0 FICKEN, JAMES R TRE BENEKE, STEPHEN G 600 N OSCEOLA A VB OLD BAY TRUST 5/30/95 1904 DREW ST CLEARWATER FL 33755 - 3838 1608 OSCEOLA A VB CLEARWATERFL 33765 - 3023 CLEARWATER FL 33755 - 2447 BRITT, LEE GUIDI, HAZEL M TRE 1504 GARDEN INC 1621 NMYRTLEAVB 1503 SUNSET DR 1504 N GARDEN A VB CLEARWATER FL 33755 - 2559 CLEARWATER FL 33755 - 2457 CLEARWATER FL 33755 - 2432 CLEARWATER, CITY OF PO BOX 4748 CLEARWATER FL 33758 - 4748 CASALE, ANN TRE IPPOLITO, ILARA TRE 1200 GULF BLVD # 1404 CLEARWATER FL 33767 - 3700 Old Clearwater Bay Neighborhood Association - Vicky Morgan 301 Cedar St. Clearwater, FL 33755 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Dr. Clearwater, FL 33761 ,..\ i ~ '" ~ ;-.. j ,/If- . -- ~ Check list for CDB Agenda & Application sent to Q1y Clerks Office FLD2004-02010 503 Marshall Street Application Fonn Parcel Identification Numbers Authorization for Agent. if Applicable Surveyor Legal Description COpy of 400 scale Zoning Atlas with property outlined and 500' radius hand drawn from outside perimter of site c;f ({;> f! 6 Sherry Watkins INITIALS v <s>/vJ V 5/uJ vstW v~Jw V tirJ l0W ~ '1'1 --- ' lij.l , U"'L..-l~,,,:li\.t"""'~t, '/:. .;IJ;"J'-'\'l ~ :.1:: \,'\ \ !... _ FLDZ6tJ4'=02-0 1 0 503 MARSHALL ST Date Received: 02/27/2004 1504 GARDEN INC ZONING DISTRICT: C LAND USE: CG ATLAS PAGE: 268B PLANNER OF RECORD: WW CLWCoverSheet ,~ , .., ... " OJ C~J ~:J .' v ~_.,,,, G,) -~~...'""'" -7 ~- ~ r- Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 'J CASE #: F<.Dc;a)~ -~ H) DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: , .. Q SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION Q SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans Q SUBMIT APPLICATION FEE $ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLANS SETS) FLExmLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 10-10-2003) -PLEASE TYPE OR PRINT-use additional sheets as necessary A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLICANT NAME: /5'0 C( _ 6- a r~ ~ r Y"\ C MAILING ADDRESS: / S- 0 it AI Go '\ A ~""_ ..f\ \) <=- c \ ~CL)-; ...} q --tv\'- \=- L. ~""3 7lJ "J' E-MAILADDRESS:\l\~t.I\\o.....f.C\.Ct.^-.<h.a.n\.co"...- PHONE NUMBER: 7"2-? 5"$1 '7 - 2..6 'G-? CELL NUMBER: 72 7 s-yr 2- - 2. {. '2 '9 FAX NUMBER: 8- (3 q 10 /2 8'!!f PROPERTY OWNER(S): \ <; 0 ~ G 0.. 1r~"" :t:'^ c::.- (Must Include ALL owners as listed on the deed - provide original slgnature(s) on page 6) AGENT NAME(S): \-\. a. 4S. ~ '- W"\.. S \J \\0..\ ~o. ,^- MAILING ADDRESS: \ ~ c>~t N ("Ja. -r~ -AJ c C.\~fi "uJc:d~ yo- r=-L ~ '3 f ~~- E-MAIL ADDRESS: 69ullaitr1411\. fi d.ol .~ PHONE NUMBER:7 2./ 'f f( 2- -"'2..-6 'l.-~ CELL NUMBER: ') 7-.. 7 ~ r z- - 2' 2- ct FAX NUMBER: ~ I ~ ,. I 0 I z..i If( B. PROPOSED DEVELOPMENT INFORMATION: :;-03 Ma..\s~\\ st- STREET ADDRESS of subject site: LEGAL DESCRIPTION: PARCEL NUMBER: PARCEL SIZE: - ~,) '.'2..' .~ ,~!j '! ...... V ,- " \' l~.\.,JO,. " PROPOSED USE AND SIZE: (number of dwelling units, hotel rooms or square footage of nonresi ential use) .. PLANNING & DEVELOPMENT " , . VICES ',:,' '. CITY OF CLEARWATER parking spaces, specific use, etc.) DESCRIPTION OF REQUEST(S): Attach sheets and be specific when Identifying the request (include all requested code deViations; e g reduction in required number of Page 1 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment project- City of Clearwater . I ~ DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable 1 documents) c. PROOF OF OWNERSHIP: (Section 4-202.A) Y I:J 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) I: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. S~"4!. ~~ G ~"'^'W\. ~ 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. -s. ~ ~ \\- ~,c..~,-~ ,,&Q~ -" --. 3. The proposed development will not adversely affect the health or safety or persons residing or use. G\. c.. '^ 'M. 4. The proposed development is designed to minimize traffic congestion. & DEVELOPMENT 1= " CllY OF CLEARWATER ' 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. s~~ ~ ~'"' ~ ~w....~\/~ I: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. IH€ 1>€V€Li>Pfw1€NT "F Tft'€ IhPflAc71 CAL- &E~~G ~ fM<-di~ flloPoSE;J> IS CJ TAAG",€.WI;{;""" A!JtDrT' oNA--L fA-/lk..l% t-Fllt/II<<i'/I1FN1'$. Page 2 of 7 - Flexible Development Application. Comprehensive Infill Redevelopment Project- City of Clearwater I . 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.) 7'*' ~AI~ ~B7' VAI.UE . 'J)uc Til ~ STOll- Y Cl>t.JSr /LtJ e,,,,,0,.) , e:;F THe Ptt>~Efl.ry ~/L..L. BE INGtEASE]) I AtJj) UPtSRAb/rJti. "F TH1f' ~R.NEIe.. 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. As ~~ ~c>,JI^", IN TH-G C-I Tt lSF ('" Lfj"A~rEte.J rr '.5 <:!.l>MMF~ IAL.. cE:'EtJEP.AL. AtJ.) ~,JeE IT \ S O'TH-ER.""IS€ ?eR.MfTr5.b . 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. TH IS PR.o.:Jec.T t5 ~Hf'A'-, eL6' ~\T~ A:b:JAc=.EIVT LAN)::) Use s ~E=I~($' C.OMMERc:.IAL- <$"'G"I'lEJ2.AL,,, 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. o1"'l-t"ER.. 5I're:,S G:'F StMI LAR. use A:fLE' NbT A-\rA,L..ABLE OTJ+€~hJJt€ ,~ r~ C.\TY c11=' ~LeA-~~TE~ NG~~ 7D THIS PA-~L... 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. -rlte DeVeLoPMENT' of T\-tlS PA~c.et.. W1L.L 'l:>e~,""'TE'LY uf~aa.At>€ I A,..,b ~ EAUT\ ~7 '1'l-t-€ \ t-'\M 1El>} ATG VI ~I r-J 1'T' Y # 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. "DES' <ifJ B ~ STcR.: FAc..IL-IT N\L.L t=NH-At-.l~ T'\+oE=" c.oMMUtJ\T~ C+tAf2A-c:re f2- '~F - fMI'^6J)It\'1"E" VlClrU\Ty ~ 11-tC ~AA.CEL.. AtJt> TH-t c..l"t't oF C. Le~wA~R.. AS A W>JtoLE . 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. P~~StiD LoT w,j)T+\ AfJj) tt€ l~fiT &F l\-\-C BUIL..'bJtJ't;"' M6E'TS' c IT)' C01).Es. r~poS-E.:b ~E" Bf\e4:..s -Jr-f!-€ M6LVI~ DUe 'To f A'l)'J)\ T", 0 ,.,s A L ~ ~ 1 r--'t) ~ 6W Jf2~ fV\E',J TS s (') ,As lO .1<\10 1,1> o~ -Sip,EE'T fM2JC.1 tJ?:; 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. l"'7 (!)..p.f=:,.... ST ~T f AiLKt to('5 A-f?E A-VA J L.-t\-BLG' r tV T'H-€ / MM fi:b / A"t€ VI t-I tJI7 ('D ~I -rH-E 51lAflc-:D fMJ:..'kl; r=v;q..,cU/-A "Ti,,411o/j) "N-J1}!lEr/J ~ 10. ~ ; j' I i , " . , Page 3 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment I III E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) CJ SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 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) - please desIgn around the existing trees; ~ CJ LOCATION MAP OF THE PROPERTY; 'w CJ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (i.e. 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; [J PRELIMINARY PLAT, as required (Note: Building permits will not be issued untit evidence of recording a final plat is provided); [J COPY OF RECORDED PLAT, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) [J SITE PLAN with the following Information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets Included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; Include floor plates on multi-story buildings; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing pUblic and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; (* Note: Per Section 3-911, all utilities shall be located/relocated underground) 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 (0)(1) and Index #701}; Location of all landscape material; Location of all jurisdictional lines 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 SITE: DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square 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; . , I \ I' 'h , , . . - (, , I _ Building and structure heights; . ,\' -; I -- I" ' I , I rf ) ,/. liL\\ -"''',-: mpermeable .su ace ratio (I.S.R. ; a~d . ':; ; I I ~ <-:/, L::J LJ 'Ll !' - i \' , Floor area ratIo (FAR.) for all nonreSIdential uses Ii ~ .,.' ,/ r----- ______ _. -, _ - ( \ ~' FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site Plan!': r <- 'I') I. i.' Ii J r One-toot contours or spot elevations on site; I I I j 1'3' I; j i Offslte elevations if required to evaluate the proposed stormwater management for the parcel; !" .. \L" . 0 = 1':- .-''''',/ i All op,en space areas; . , t __ .......<'C.,., I Location of all earth or water retaining walls and earth berms; PLANNING & [1!::VELO I Lot lines and building lines (dimensioned); SERV"', PMENT Streets and drives (dimensioned); ! ICES I Building and structural setbacks (dimensioned); L__~~cn"'.' OF CLE':-\R'NATEFj 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 o CJ Page 4 of 7 - Flexible Development Application - Comprehensive Infill Redevelopment Project- City of Clearwater . . Q G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) " -J-- [J [J [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 drlpline (as Indicated on required tree survey); Plant schedule with a key (symbol or label) Indicating the size, description, specifications and quantities of all existing and proposed landscape materials, Including botanical and common names; location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; 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 REDUCED LANDSCAPE PLAN to scale (8 ~ X 11), In color. IRRIGATION PLAN (required for level Two and Three applications) COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable H. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) [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 stormwater detention/retention area Including top of bank, toe of slope and outlet control structure; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations [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 [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 Infill Redevelopment Project or a Residential Infill Project. [J BUILDING ELEVATION DRAWINGS - all sides of all buildings Including height dimensions, colors and materials [J REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 ~ X 11) (black and white and color rendering, If . possible) as required J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) Q Q Q Q All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), Indicate whether they will be removed or to remain. , , :'" ,-'q.. I ;:-~:; / ", \ , - " - , All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, matEJrials.,a1' ~ ~\f1ng; fr~~st~l'\ding s~gns shall Include the street address (numerals) ! i; ) l L.:::! 10:'; !:::.::. U 'I': L .:-' , ! l '" " './ f"-----..-- --.__. Comprehensive Sign Program application, as applicable (separate application and fee required). : ,",' .-, '\ I - .-. - '-1' ; i LJ I ' ~', ") ~ i ~. ) ~ f ~ i ... r""'.j' C'i (_",) I , ~"/ :-~...:! .="~lL i ",l '__ _J ~j :1'<. .t..-......,.,pJ" 'II,;! -L PMENT Page 5 of 7 - Flexible Development Application - Comprehensive Inflll Redevelopment Pr ect- City;of ClearwatWRVfCES _~ _' CITY OF CLE~.RWATER Reduced slgnage proposal (8 Y2 X 11) (color), if submitting Comprehensive Sign Program application. . J . K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-a01.C) ~ , Q '01 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 f t S to and subscribed b~fore e this ~ day of L . A 0 otl to me and/or by 'IqJ. 0 is personally known has pnoduced as identification. JANE K. SMI1H MY COMMISSION # DO 177563 EXPIRES; January 14, 2007 Bonded Thlu NoIaIy PublIc lIndefWr1lelll '\ 1['-'- /(-', , I ! ,"", I '_::J i i _ ,:~',' '~ , " L. ,j ) /:=..\~~ _~~:~ _~_~'<" l' -.. , : t .,~ \' '\ : i ~ j : 1 i ' ,,' ", 'J< I, i ~ ' : ' ()::1 ! ; \.:-,1 ,-' h, I ,-",-,,' L._ __....__.__ __,_~. PLAhli'JING & r,';VEI.OFMEtH . S ER'lIe:: c; ~ ,e! r"'r f'lf CLC,~' ~\f'.ll', T,->~~ L=.~_... -.~.~_.____=._..__~._.. ~_.__ Page 6 of 7 - Flexible Development Application' Comprehensive Infill Redevelopment Project- City of Clearwater M. AFFIDAVIT TO AUTHORIZE AGENT: Is-o C( aa 'Y'rV~ LA C- (Names of ALL property owners on deed please PRINT full names) ~ ~s.~\ 'V\... " s:;. ,-.\ \\ CI. \ 'JYv....., ~ "( ~ 5'" ~ = :;. That (I amlwe are) the owner(s) and record title holder(s) of the following described property (address or general location): S-o 3 \'V\.q "( c;. "'-c::t. \. ~--\... c \~ c-ru) ",1- IQ/y- ,::. L ~ ~ ? <?tJ" 2. That this property constitutes the property for which a request for a: (describe request) 3. That the undersigned (haslhave) appointed and (does/do) appoint: \\u ~~~ ~\.) ~~\~~ V'~ as (his/their) 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 II'! 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. I: "', Ir:J/,-'-\\,r.:.-;n\\ :-~~...: ",- '\ /;/ J Or;, ~ :';':';-:"'~~-\--~-~[~.(I~ :-!~:~ I~~;;-/ ;'_~;- -, 1"" ,,- " - ~ ?d "I} \.r:,1 U,\,"I jl .- , . ) _:::J....... ~ I I --.:J I \, I I. ~.~ {~ ~ \ I I f (~~ .....-, I ....._ /.- \ - . . J ~ i \ ~ I i ; <,r r --------. "-'- - -- 'U', I / l! Property Owner 'I "'-"", 'I I \ Ii!' i,' lL ':i,i i':J b Iii! j J! t ,,: , 1 L. . "->, ot.'~__j t,,:"::,/ I Property Owner PLANNING & r,r-VELOPMENf I Property Owner SEFWfCES I crrr OF CI.E \P.W^IT'r; I ~----~ ~---~'-:'-'-'---.-STATE OF FLORIDA, COUNTY OF PINELLAS B re me the undersigned, an officer duly commissioned by e la,,\j's of the St~of Fforid'7, on this 't< , ;71..00 f personally appeared 5ti 1m I JU L.L /I/' De oses and says that he/she fully understands the contents of the affidavit that he/she signed. day of who having been first duly sworn / :5T JANE K, SMllH MY COMMISSION It DO 171563 EXPIRES: January 14, 2007 BondGd 1111\1 NoWY PulillC \JndelWrltSlS ~~ L-L Notary Public My Commission Expires: oc P~ne 7 of 7 - Flexible Develooment Annlicatlon - Comorphen!':lve Infill Redevelonmpnt Prnipc:t- r.ltv nf r.lp~rw"""'r LEGAL DESCRIPTION: t:=::::I ~ I N D A J LOT 10 OF E.A. MARSHALL'S SUBDIVISION, ACCORDING TO THE c;;;;;1 ~l....J '" f MAP OR PLA T THEREOF AS RECORDED IN PLA T BOOK 7, PAGE 17, OF THE PUBUC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERL Y A PART. ' AND THE NORTH 50.15 FEET OF THE Kf'ST 5 FEET OF A CERTAIN VACA TED 10 FOOT AUEY RUNNING ALONG THE EAST UNE OF LOT 10 OF E:A. MARSHALL'S SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PA~ 17, OF THE PUBUC RECORDS OF HILLS BOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERL Y A PART. r- ~ IS/d Sf &-1 ""f ,~I ~ ~ l ~ hfr~~ ~r~ :;r:. 'rj. k..1 9: ~I &-9 f ritf'l,\i. re ~\'-J e\~""i. "" S fdO';J ls,a ~~ i , i, 1.,1 J 't-r~" .l U ~1 ! ~ I -_:.:--=)! '~ ::' ~ - ~~~ ~~~: \ ~, j \TLC:U \ ro '----~ -1 I . .. ___R........- ~ ~~ .~ ~ V) / TBM #1 TOP. ELEV.= - d. &-~ K_ ~~1' - - ~ ~ t;::)" ((j ~ Iii . IJ ",9, ~I REVISED SURVEY ON 9/06/02: ADDED TOPOGRAPHIC ELEVA TlONS AND TREE LOCA TlON. CERTlAELJ TO: 1504 GARDEN INC. ALDA Y-OONALSON TlTLE AGENCIES OF AMERICA, INC. STEWART TlTLE GUARANTY COMPANY BEARINGS ARE BASED ON THE SOUTH LOt UNE OF LOT 10 AS, "s 797.0'13" E", ASSUMED. /1);1- ql<.loL DATE DA VlD L SMITH PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRA TlON NO. 5265 NOT VALID WITHOUT THE ORIGINAL SIGNA nJRE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR &- MAPPER LICENSED BUSINESS LB. 6962 1406 W. LINEBAUGH AVENUE TAMPA FLORIDA 33612 PHONE (813)935-1960 FAX (813) 933-9446 JOB NO.02:O'1-D23 FlELD DATE:11/19/01 Cct'np. GII/~2ol13 o \S\v <<- ~VE'<'O DA VID L. SMITH PROFCSS1ON~ SUR'r8'ORS 4t MAPPERS INC. \ " PROPERTY SHOWN HEREON APPEARS TO BE l F.I.R.M. NO, 125096 0008 0 DA TED 8/19/91 GUARANTEES AS TO THE ACCURACY OF THE , AGENT SHOULD BE CONTACTED FOR VERIACA NO UNDERGROUND UTILITIES, UNDERGROUND l FOUNDA TlONS KERE MEASURED OR LOCA TED SHRUBS KERE NOT LOCA TED UNLESS OTHERI1 TH!S SURVEY WAS CONDUCTED WITHOUT THE l THEREFORE THERE MA Y BE OTHER EASEMEN~ AGREEMENTS, RESERVA TlONS, RESTRICTlONS 0 RECORD, NOT SHOWN HEREON. UNLESS OTHERWISE NOTED, DISTANCES SHOW/l MEASUREMENT THIS CERTlFlES THA T THIS SURVEY WAS MADE APPLICABLE MINIMUM TECHNICAL STANDARDS FLORIDA ADMINISTRA TlVE CODE PURSUANT TO 5b~ I 'FLb-a~-oa.u,o -... A 260A 260B ~ - ,.~, .:a:~,,~~~627~.. 21\ ~ S _ '7~.. ~i'~ E 'W2_~;;>r ~ -:;=""" " '" .! '"i' - ~1:n ~C;;;. ,~{~~.<. ~- ,"", -.~ '1':~r:1\~ _ ~~. ~l:' ~ ST ~ S~r~l"Jr..~\~: 7 ; '12 ~ 1 23 4 5 ~'\.~. __' -- \ ;~ J)-.? .. ~ 1 \"f ,3 I 0( ,',',"', 6 IUS '6~ ,"t 10 "\.. ~J I '--.. ,: 2~ ~, "0 "\1 'it. 60; r-- 13"Sf 6 13 ~ ~ 11 ".IS .......... ;:-.~, -.-:"1-::':-- ... , 2;JD ~#~ ~ l'"'o "i 6~' ~ < IIn3 ~~ 4. 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I.l)"tle Ave Oeo,.,.cter Fl 3}756 Ph (727}5&2-4750 fez.. (727)526-47~5 IIttp / /_w de<<waltr-fl com/Clty_OtPotlmtnts/publlc_"orks/mqlnelf / DlsdoImer PubJlc Informetton dolo I, furnIshed by the City of Clearwater Public Works .Admll'llstrollonjEnglnelflng and must be cccepte<l OI'ld used by the reCipient wtth the understel'ldll19 lhot the data r<<elved was cailected for the purpose 0' developl1'\9 0 9'Ophlc IrIfrostrvcture Inventory As such the CllY o( Oeorwaler PWA/E make' 1'10 warral'lUes, eApre"ed ~ implied. concerrdtl9 the accuracy campletetlns rellabfllty or :$lIltablhty of Uus data (or Qny other particular u~e Furthermore the City of C1earwoter PWA!E assuf'r'lU no llobally whatsoever anoclated with the USt or mIsuse of such data lImE. this AUos po~. tS subject to pet'lo(hc chan9.s For Informatlon about latest revisions pleas. COli PWAj( 01'" VISIt our Web Slle EB o I 100 200 , I 400 , 600 I SCALE ,'~ 400 LEGEND, @ BLOCK NUMBER 1234 LOT ADDRESS aTY LIMITS LINE C'31!a SHADED AREA - PROPERTY OUTSIDE CLEARWATER CITY LIMITS .. AGREEMENT TO ANNEX . CITY OWNED PROPERTY MDR ZONING DESIGNATION J - ZONE LINE At2(;HE ORO III 415' 0&/19/86 rn IJ" 06/04/a7 rn 1101 OG/OI/!? rn 4{lJ209/07/81 ~ .a7' 10/l~/t9 mJ '82' 09/07/89 rn .e31 09/01/at III ~JIl 09/115193 III ~'02 09/11/~ rn 61~ 01/17/97 rn &3U 09/11/9! o 6366 I2IJO/9Q I REVISED 03/06/2003 ZONING ATLAS NW 1/4 OF SECTION \269 A 10 - 29 S - 15 E ~ <( 00 to N 'R ~ 8- ~ ~I ~ g .. '" .. " ~ D- Ol o ;;; N o ~ ~ o 1 CD 18 ~ :5 S o <( o o f- ::l S z i3 ~ Ul II .. 277 A cO.... ~ A~4t.L-II ~. -J ,- \... -'!.~..... ~' ,6. 259B I 1 ~ ~ p ,.-- - L__ 1-_ t-_ !-- / !--- I 1-_ I - ,-- ,-- 1--- / /--- 1-_ ----- ... f ... , ~ r- l_ ~ ~I -- -- -- -- -- -- -- -- -- --- -- -- L f= . 1= (..t:);J 00'" - 0... 0 10 260A ~ III Ie.. CITY OF CLEARWATER ""TI · !?B' .......ff"m'Ji,,~~. " · PREPARED By 1 2 2.. ~ ,iff PUBLiC nORKS ADl!!N!STRATJON ; i ~ ~J 100 S N)flle EA~~g:~~~ff. n JJ758 o. ~1H\ ~ Ph (813)562-4750. rOI {81J)526-4755 http /1-.. clUllwaler- fLcom/enqnea- / 9 I/.a 8 1 ~7 _1\.1 * 5 " -3 ....' 7 '~. 6 K9 B 1:' . <II a~ DI!lc1almft'" Publ'lc !"'ormatlon doto 's futnftn~ by tn. City 0' Clltonll'ot.r PUblIc Wort. Admlnf.troUon/Englo....,nq and must b. aee.pled and u,ed by the recipient wllh the under,tond.,O that ttle dato '~e~d was cclll'drd (or ttle purpo~ of developnq 0 iTOptllc Infrastructure IIWlMtDt)' As ~ch. Ihl' CIty of C1eo'lII'Oter PWA!t mCll.. no w<<ront,", .~pr.tsM Of ""plied. concernln9 tn. oC"t'Uf'"ocy. cotnDlet~eu relloblllty, 01 sultobnlty 0' tM3 data for 0")' oth~ po(hculo( u,~ Fudhe(,"o(e, lh~ ell)' of C1~afwat~f PWA/E aswmes no liO'blht)' w!\OboeWf ossooatl!"d with UU~ un 0( mlS.l~ or such dola !IQ!L Th~ Alloll pdqe I. ILlbJt'd to pe....od'e et'oa"qe. fO( ....fOftnollOrl about lotnt fe\'lsfons please coU PWA!t or "'l~,t OUf Web slle '. t. N EB 0 100 200 400 600 I I , I I SCALE ," = 400' " LEGEND, @ BLOCK NUMBER 1234 LOT ADDRESS CI TY LIMITS LINE ,..--, SHADED AREA - PROPERTY l..__.1 OUTSIDE CLEARWATER CITY LIMITS " AGREEMENT TO ANNEX . CITY OWNED PROPERTY MDR ZONING DESIGNATION - ZONE LINE fl'tlCJolf,lCCIlO [!} 5X19 09/15/9' m 5311 ot/1s/U .. .~ ~ .~ I REVISED: 10/18/99 ZONING ATLAS NE 1/4 OF SECT~JN 126 e.S- 9 - 29 S - 15 E U 0<1......."... SURVEY LEGAL DESCRIPTION: r::::::::> ~ I N D A F:<.? ,,, LOT 10 OF EA. MARSHALL'S SUBDIVISION, ACCORDING TO THE c;;;;;;;;;I '---' "--'" ' ' " MAP OR PLA T THEREOF AS RECORDED IN PLA T BOOK 7, PAGE 17, OF THE PUBUC RECORDS OF HIUSBOROUGH COUNTY, "FLORIDA, OF 'MIlCH PINEUAS COUNTY WAS FORMERLY A PART. AND ,THE NORTH 50.15 FEET OF THE Kf"ST 5 FEET OF A CERTAIN ~-VACATED 10 FOOT ALLEY RUNNING ALONG THE EAST LINE OF LOT 70 OF EA. MARSHAU'S SUBDIVISION, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 17, OF THE PUBLIC RECORDS OF HIUSBOROUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERL Y A PART. ..~ !t-~ ,~~-: J I ,_I -- · I ~~:~:~~ \ ~ . ,--.:..~. I ,; . I Ulf Ll I _; ,-- <_n:":':~"::--::"----' I -'lW . ~ ->-------..- - ~.. "" 79~011311 E 157.021 (F) fr'!Ji K_ 11 ~. -- r- ~- J~/O ~ fr1 ~r (~/ ~ ~ l ~ hfrt~ ~r~ ,,/ Q: ~/ fr9 f - - - ~~~ MARShAlL -K .; ~ - - C)~ ,,; 20.3' - L fr . ASPHAL _ r . frC}5 "' / TBM #T TOP. ELEV.= REI/lSED SURVEY ON 9/06/02: ADDED TOPOGRAPHIC ELEVA TlONS AND TREE LOCA TlON. LOT 9 NOT INCLUDED CERTlRED TO: 1504 GARDEN INC. ALDA Y-DONALSON TlT'LE AGENCIES OF AMERICA, INC. STEWART TlTLE GUARANTY COMPANY BEARINGS ARE BASED ON THE SOUTH LOT LINE OF LOT 10 AS, -S 79"20'13- C, ASSUMED. ~ ) If -- q/~/ot. DATE DA VlD L SMITH PROFESSIONAL LAND SURVEYOR FLORIDA REGISTRA TlON NO. 5265 NOT VALID WITHOUT THE ORIGINAL SIGNA WRE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR &- MAPPER LICENSED BUSINESS LB. 6962 1406 W. UNEBAUGH A VENUE TAMPA FLORIDA 33612 PHONE (813)935-1960 FAX (813) 933-9446 JOB NO.02:C9-D2.3 FlaD DATE:11/19/01 Col'np. GII/-20113 " PROPERTY SHOWN HEREON APPEARS TO BE LOGA TED IN FLOOD ZONE C PER F.I.R.M. NO. 125096 0008 0 DATED 8/19/91 (j-/[5 SURVEYOR MAKES NO GUARANTEES AS TO THE ACCURACY OF THE ABO'vE" INFORMA TlON, LOt;AL F.E.M.A. AGENT SHOULD BE CONTACTED FOR VERIRCA TlON NO UNDERGROUND UTlUTlES, UNDERGROUND ENCROACHMENTS OR BUILDING FOUNDA TlONS KERE MEASURED OR tOCA TED AS PART OF THIS SURVEY. TREES AND SHRUBS KERE NOT LOCA TED UNLESS OTHERWISe SHOWN. THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFlT OF AN ABSTRACT OF TlTLE, THEREFORE THERE MA Y BE OTHER EASEMENTS, RIGHTS OF WA Y, SETBACK LINES, AGREEMENTS, RESERVA TlONS, RESTRICTlONS OR ornER SIMILAR MA TTERS OF PUBLIC RECORD, NOT SHOWN HEREON. UNLESS OTHERWISE NOTED, DISTANCES SHOWN HEREON REFER TO PLA T AND FlELD MEASUREMENT THIS CERTlFlES THA T THIS SURVEY WAS MADE UNDER MY SUPERVISION AND MEETS APPLICABLE MINIMUM TECHNICAL STANDARDS SCT FORTH IN CHAPTER 61G17-6 FLORIDA ADMINISTRATlVE CODE PURSUANT TO SECTlON 472.027 FLORIDA STATUTES o ~0 ~ ~VE--{O DA V1D L. SMITH PROFESSlON,I.l. SURVEYORS & MAPPERS INC. IE 0:: o :2 STREET ,,0 ~. - <:,\lITH ~ o N 1/ :: '06 --';-C)._ - - ~ --.;o$J - W ...J C3 CI) CONC. -S-!l x 39.. 6 TWO STORY MAS. BUILDING # 503 BOTTOM RNISH FLOOR ELEV. 31.07' 58.05' ~ ~ "' " ....... c::i lr) ltj '!J"'~ ~ ,tR IV) l' ~ ~ FIR 5/8-1 1 I LEGEND O.R.B. = OFFICIAL RECORDS BOOK O/H = OVERHEAD ~RE PG. = PAGE P.C.P. = PERMANENT CONTROL POINT P.R.M. = PERMANENT REFRENCE MONUMENT P.B. = PLAT BOOK (P) = PLAT DATA P.O,B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.C. "" POINT OF CURVATURE P.R.C. = POINT OF REVERSE CURVE P.T. = POINT OF TANGENCY P.P. = POWER POLE RES. = RESIDENT R/W RIGHT OF WAY S.I.R. SET IRON ROD LB 6962 S.D. SET DISK LB 6962 TBM TEMPORARY BENCH MARK TYP. TYPICAL W.C. ~TNESS CORNER W.F. WOOD FENCE A.P.O. = A PORTION OF ASPH. = ASPHALT B.M. = BENCHMARK (C) = CALCULATED C.LF. = CHAIN UNK FENCE CONC. = CONCRETE COV. = COVERED (D) = DESCRIPTION D.B. = DEED BOOK EL = ELEVATION ENC. = ENCROACHMENT ESMT. = EASEMENT (F) = FIELD MEASUREMENT F.F. FINISHED FLOOR F.C.M. = FOUND CONCRETE MONUMENT F.I.P. = FOUND IRON PIPE F.I.R. = FOUND IRON ROD F.P.K. = FOUND PARKER-KALON NAIL MAS. = MASONRY NGVD = NATIONAL GEODETIC VERTICAL DA ruM Page 1 of i <> Wells, Wayne From: Jill Heath [Jllliansphotography@tampabay.rr.com] Sent: Thursday, November 04, 2004 8.30 AM To: Wells, Wayne Subject: re ORIGINAL Thanks, Wayne John (patiently) explained the development on palm bluff-thanks! I also spoke With shahelm, he was very nice and it sounds like an Improvement for Ft Harrison I Wish the city had a program to kick start more business in this area. I appreciate your Input so If I can help coordinate the association IS any way to expedite the development of the Ft. Hamson are between downtown and Venetian, please make suggestions! FYI- I must tell you I won first place at the TAPPA-- Just a little bragging @ I was qUite thnlled! All the best, Jill lillian's Photography 11/4/2004