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FLD2009-02004 - 1160 Mandalay Point Rd - Gills Residence - April 21, 2009
FLD2009-02004 1160 MANDALAY POINT RD GILLS RESIDENCE PLANNER OF RECORD: S -K ATLAS # 227A, ZONING: LDR LAND USE: RL RECEIVED: 02/02/2009 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet C?J' Planning Department d?T?t 100 South Myrtle Avenue Lr Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 N SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION _W SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets ? SUBMIT FIRE PRELIMARY SITE PLAN: $200.00 lI SUBMIT APPLICATIONFEE$ 475.00 CASE #: RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Residential Infill Project Revised 07/11/2008 PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: JAMES P. GILLS, III AND JOYCE P. GILLS __ _ MAILING ADDRESS: 1160 _ MANDALAY POINT ROAD CLEARWATERf FLORIDA 337, PHONE NUMBER (727)441-8845 FAX NUMBER: CELL NUMBER: (727) 871-2900 EMAIL: PIT@STLUKESEYE.COM . ...............................-......._............................................................-................ PROPERTY OWNER(S): NAMES P. GILLS, III AND JOYCE P. GILLS List ALL owners on the deed AGENT NAME: ISTVAN PETERANECZJBEHAR DESIGN ASSOCIATES _ _._.._- MAILING ADDRESS: 103 ROGERRS S STREET CLEARWATER, FLORIDA 3 3 7 5 6 PHONE NUMBER: (727) 488-9490 FAX NUMBER: CELL NUMBER: EMAIL: IS`T'VANOPRHARDESIGN. COM B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: GILLS E... .RE-S-1 ... D..................._......__...----- -- PROJECT VALUATION: ....._$..._2...1 5.00 , 0 0 0' STREET ADDRESS 11,6.0_....._M,ANDALAY....._PQI.N71--, ROAD, CLEARWATER, FLORIDA 33767 PARCEL NUMBER(S): 3 28 15 54702 000/0140 E, 32/28/1.5/-54'702Z0__.0/- PARCEL „ _. SIZE (acres): 2.4954 PARCEL SIZE (square feet): 10 8_,. 7 0 0 LEGAL DESCRIPTION: SEE EXHIBIT A PROPOSED USE(S): SINGLE FAMILY RESIDENTIAL DESCRIPTION OF REQUEST: SEE EXHIBIT B Specifically identify the request (include number of units or square footage of non-residential use and all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) C:\Documents and Setlings\derek.ferguson\Desktop\planning dept forms 0708\Residential Infill Project (FLD) 2008 07-11.doc Page I of 8 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 X (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) 14 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. N 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 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. SEE EXHIBIT B 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- SEE EXHIBIT B 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. SEE EXHIBIT B 4. The proposed development is designed to minimize traffic congestion. SEE EXHIBIT B 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. SEE EXHIBIT B 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. SEE EXHIBIT B CADocumants and Settings\derek.ferguson\Desktop\planning dept forms 0700\Residenlial Infill Project (FLD) 2008 07-11.doc Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Residential Infill Project Criteria) 19 Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA - 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 intensity and development standards. SEE EXHIBIT B 2. The development of the parcel proposed for development as a residential infill project will not materially 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.) SEE EXHIBIT B 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. SEE EXHIBIT B 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. SEE EXHIBIT ._2._..._.._......_..._._..... ......................._._........................................................................................................,._. _.__._._. 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. SEE EXHIBIT B ... 6. The design of the proposed residential infill project creates a form and function that enhances the community character of the immcdiatc vicinity of the parcel proposed for development and the City of Clearwater as a whole. SEE EXHTBTT B 7. 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. SEE EXHIBIT B OADOcurnenls and Settings\derek.ferguson\Desktop\planning dept fomtis 0708\Resldential Infill Project (FLD) 2008 07-11.doc Page 3 of 8 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4.202.A.21) N/A ? A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS, All applications that Involve addition or modification of impervious surface, including buildings, must Include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. M If a plan Is not required, the narrative shall provide an explanation as to why the site Is exempt. SINGLE FAMILY RESIDENTIAL ? At a minimum, the STORMWATER PLAN shall Include the following; ? 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; 0 A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. Q Prupused stornwater detention/retention area including top of bank, toe of slope and outlet control atructuro; 13 ' Signature and seal of Florida Registered Professional Engineer on all plans and calculations, Ca 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 ? ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative Is attached. At a minimum, a grading plan and finished floor If- X _ elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562.4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; Da TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (0131 -14" or greater), and location, including drip lines and indicating trees to be removed) - please design around the existing trees; M TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; 12 LOCATION MAP OF THE PROPERTY; ? PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (le. Reduce number of spaces), N/A 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; 1?1 GRADING PLAN, as applicable; ? PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat Is provided); N/A O COPY OF RECORDED PLAT, as applicable; N/A CADocumenls and Seltings\derek.ferguson\Desklop\planning dept forms 07MResidential Intill Project (FLO) 2006 07-11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) R) SITE PLAN with the following information (not to exceed 24" x 36"): X Index sheet referencing individual sheets included in package; X North arrow; _X Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; X All dimensions; X Footprint and size of all EXISTING buildings and structures; X Footprint and size of all PROPOSED buildings and structures; X All required setbacks; X All existing and proposed points of access; X All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including X description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; X 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 X and water lines; X All parking spaces, driveways, loading areas and vehicular use areas; N[A 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 X {per Section 3-201(D)(i) and Index #701); N./.,..A Location of all landscape material; N ?A Location of all onsite and offsite storm-water management facilities; ............... N/A Location of all outdoor lighting fixtures; X Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level One (flexible standard development) and Level Two approvals. A floor plan of each floor is X required for any parking garage requiring a Level One (minimum standard and flexible standard) or Level Two approval. N SITE DATA TABLE for existing, required, and proposed development, in written/tabular form EXISTING REQUIRED PROPOSED X Land area in square feet and acres; J 108 ? 700 ? 20 ..., _p. 01.10.-..,...__ _........._ ............ ................. Number of EXISTING dwelling units; 2 ...... .. .......... X Number of PROPOSED dwelling units; „ _.-.__.-_...._ W X Gross floor area devoted to each use; . . . ... . .. . ..... Parking spaces: total number, presented in tabular form with the X number of required spaces; T_ 2 Total paved area, including all paved parking spaces & driveways, X expressed in square feet & percentage of the paved vehicular area; Official records book and page numbers of all existing utility X easement; X Building and structure heights; _.-.._...-......._.._-------- ? .__........ 3._0._x._.--_ _?. 341 X Impermeable surface ratio (I.S.R.); and N/A Floor area ratio (F.A.R.) for all nonresidential uses REDUCED COLOR SITE PLAN to scale (8'/zX 11); 14 FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan. X One-foot contours or spot elevations on site; NSA Offsite elevations if required to evaluate the proposed stormwater management for the parcel; X All open space areas; X Location of all earth or water retaining walls and earth berms; X Lot lines and building lines (dimensioned); -X Streets and drives (dimensioned); X Building and structural setbacks (dimensioned); X Structural overhangs; 0:0ocurnents and Setlingslderek.fergusontoesktop\planning deptforms 07081Residential Infill Project (FLD) 2008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) N/A ? LANDSCAPE PLAN with the following information (not to exceed 24" x 36"): 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; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spacing requirements of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants including instructions, 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 REDUCED COLOR LANDSCAPE PLAN to scale (8'/2 X 11); ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4.202.A.23) X BUILDING ELEVATION DRAWINGS -with the following information; X All sides of all buildings; .................. X Dimensioned; X Colors (provide one full sized set of colored elevations); X Materials; X REDUCED BUILDING ELEVATIONS - same as above to scale on 8 Y. X 11. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) N/A © All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall Include the street address (numerals) Ll Comprehensive Sign Program application, as applicable (separate application and fee required). Ll Reduced signage proposal (8 %X 11) (color), if submitting Comprehensive Sign Program application. G:\Doouments and Settings\derek.ferguson\Desktop\planning dept fomis 0708\Residential Inflll Project (FLD) 2008 07-11.doc Page 6 of 8 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) N/A 0 Include if required by the Traffic Operations Manager or his/her designee or if the proposed development; Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727.562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. M Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is Included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all Intersections Identified In the Scoping Meeting. X Traffic Impact Study is not required, CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: N/A Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150% of its rated capacity. Compliance with the 2004 Florida Fire Prevention Code to Include NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. AI Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): _ Fire Flow Calculations/Water Study is included. X Fire Flow Calculations/Water Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4334, M. 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 representativ to visit and photograiA the property deocribed IrIlhis 3lication, Signa or STATE OF FLORIDA, COUNTY OF PIN LE, LAS Swor to and subscribed before me this ? da !) t7- c_-_ A.D. 20A5_1 -_ o me and/or who is personally nown as produced as iden if ation. Notary public My commissi n expires: 3 /-2-q ?I 0 G:\nnCWflenls and Sellingsldarek.ferOuSOmOesklop\plannin0 dept forms 07081Residential Infill rolCewi, oa oNpligWcpubllc Stale of-Florida Page 7 of 8 Karen Tuder Skop My Commission DD530013 Expires 03/2412010 N. 1. 2. 3. AFFIDAVIT TO AUTHORIZE AGENT: Provide names of all property owners on deed -- PRINT full names: That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): That this property constitutes the property for which a request for a: (describe request) 7? ,22M ? - - '` Ac u. Aj, -t 4. That the undersigned (has/have) appointed and (does/do) appoint: 1?i'V'A?1 m...__I±?C ti_.m ..... as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described In this application; 7. That`{I/we), the undnority, h t certl fat the foregoing is true and correct. U Property Owner Property Owner p y Property .._.....__..---......_-.____._?..-_?.._ ....___.__.__ .................__ Pro ert Owner ._.._...._.._..?_ Owner STATE OF FLORIDA, COUNTY OF PINELLAS / officer-duly commissioned by the laws of the State of Florida, on this. day of Before me the undersigned, an a c-d-00 -/ personally appeared --C5TVAM A!M-RAA)MK who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed, r °?e = u 3124/201 Florida Y 0013 ? .. ._ . u 0 oF Notary Pub Signature Notary Seal/Stamp My Commission E=xpires: C:\Documenls and Setlings\derek.ferguson\Desklop\planning dept forms 070Mesldandal Inflll Prolecl (FLD) 2008 07-11.doc Page 8 of 8 EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION FOR RESIDENTIAL INFILL REDEVELOPMENT PROJECT 1154 & 1160 Mandalay Point Road The project site is located on North Clearwater- Beach on Mandalay Point and includes land on the east and west sides of Mandalay Point Road, a private road. The total property is comprised of two parcels: Parcel 32/28/15/54702/000/0140 (1154 Mandalay Point Road) and Parcel 32/28/15/54702/000/0160 (1160 Mandalay Point Road). There are currently 12 developed homes in this area of Clearwater Beach including the two residences located on the subject parcels. The two parcels are zoned "LDR" and "OS/R" both with a land use designation of "RL" and "P". The purpose of this request is to allow the Applicant to demolish the two existing residences, which were originally constructed in 1946 and 1951, build a new home on Parcel 32/28/15/54702/000/0160 (1160 Mandalay Point Road), and reallocate 10 feet from Parcel 32/28/15/54702/000/0140 to Parcel 32/28115/54702/000/0160 so that the new dwelling will meet the required side setbacks on the north and south. The two modified parcels will comply with the "LDR" District minimum development standards for lot area (i.e. 20,000 sq. ft.) and lot width (i.e. 100 ft) under the provisions of section 2102. Mandalay Point is an unique area of Clearwater Beach as each lot fronts both the Gulf of Mexico and Clearwater Bay. Although the area was platted. in 1936 with 27 lots, many estate homes were built on multiple lots resulting in the current configuration of 13 tax parcels (one of which is currently vacant) and twelve homes. This particular property includes portions of four platted lots each having a lot width of approximately 60 feet. The depth of the property is approximately 450 feet to the mean high water. line due to accreted lands to the West. The developable depth of the property, based on the location of the Coastal Construction Control Line ("CCCL") and excluding the private road and property east of the road, is approximately 110 feet. Specifically, the Applicant under the provisions of Section 2-104.D., requests Flexible Development approval to permit a detached dwelling as a Residential Infill Project in the Low Density Residential (LDR) District with: (i) a reduction to the rear (west) setback from 15 to zero (0) feet from the Coastal Construction Control Line (CCCL) (to raised pool and building); and (ii) an increase to the maximum building height from 30 to 34 feet (to midpoint of pitched roof); Section D. Written Submittal Requirements General Applicability Criteria: 1) The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The subject property has residential homes to the north and south with private and public beach land to the west and a private road and dock to the east. Each of the other homes on Mandalay Point has the same amenities. The requested deviation from minimum rear setback and maximum height requirements will not disrupt the harmony or scale of the neighborhood. The new residence will be set back 10 feet from the north and south lot lines at an average distance of 15.5 feet from the private road. As such it will not impair the view of the neighboring property owners. As to the height, the proposed residence is compatible with other homes in the neighborhood. The house located at 1170 Mandalay Point Road, which abuts the northerly property line, has a height of 47.69 feet above NAVD at mid point of roof as compared to this request for 45.0 feet above NAVD (34.0 feet to midpoint of pitched roof). Furthermore, 1176 Mandalay Point Road is not elevated above grade; if it were elevated per current building code with finished floor 13.0 feet above, its current height would be 44.7 feet (i.e. 31.7 feet +13.0 feet) above NAVD to bottom of truss. The size of these lots and estate homes naturally requires a higher roof to provide adequate design and engineering of the roof support system. 2) The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The value of the subject property and the surrounding properties on Mandalay Point is significant because of their unique location and the requested deviation as to maximum height and minimum rear setback will not reduce those values. The adjoining parcels are already developed and the proposed redevelopment of the property will not hinder development of the neighboring land. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. Health and safety will not be adversely impacted as the use will continue to be single family residence. In fact, health and safety will be improved because the new residence will be constructed in accordance with current building codes requirements, which will be less susceptible to wind and flood damage, and a new septic system will be installed. 2 4) The proposed development is designed to minimize traffic congestion. The property has access by a private road which is shared by the other 13 parcels on Mandalay Point Road. There is no change in density of the site, which remains as one single-family residence and traffic is not impacted. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The community character of this Mandalay Point neighborhood is one of large, residential, estate homes. The proposed residence is of the same character. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The parcels will continue to be occupied by the same family in one single family residence. The new residence will be constructed in compliance with current building Codes which will be more structurally sound than the original residences constructed in 1946 and 1951. The deviation requested as to the maximum height and minimum rear setback will not have a visual impact because the setback is measured to the CCCL which is not visual as the property stretches for hundreds of feet beyond the CCCL to the mean high water line; and the height is compatible with other homes in the neighborhood, in particular the abutting house to the north. Residential Infill Project Criteria 1) The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity; other development standards. As discussed in Criteria 6 above, the deviations requested are minimal and will not be visually apparent to the surrounding parcels. As discussed in response to General Applicability Criteria 1 above, the proposed minimum rear setback reduction and maximum height increase are compatible with other homes in the neighborhood. The current building code requirements include no livable area below Base Flood Elevation (BFE). The livable area in the existing residences is below BFE so it is unfeasible to reconstruct them since it would involve almost total demolition. Furthermore, reconstruction of these existing residences would be impractical without the requested maximum height deviation. 3 ti 2) The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties. The just market value of the subject properties, according to the Pinellas County Property Appraiser's Office, is $8,361,800. The values of surrounding parcels vary from $3,564,000 to $7,150,400, having improvements ranging in size from 4,000 sq. ft. to 14,000 sq. ft. The value of these lots is due to their location having frontage on both the Gulf of Mexico and Clearwater Bay. The new residence will not reduce but instead increase the value of the parcels and will not negatively impact the abutting parcels. 3) The uses within the residential infill project are otherwise permitted in the City of Clearwater. . This request does not change the use of the properties as single family residential. 4) The uses or mix of use within the residential infill project are compatible with adjacent land uses. The current and proposed use of the subject properties is single family residential as are all other properties on Mandalay Point. 5) The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. The existing residences were originally constructed in 1946 and 1951, and do not meet current building code requirements. The demolition of the two original residences and the construction of a new home which is more structurally sound will enhance the neighborhood. 6) The design of the proposed residential infill project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The French traditional architectural style will be compatible with the community character of estate homes. The proposed design will include details with changes in the horizontal and vertical planes, columns, cornices, and porticos, variety in materials, color and texture, building stepbacks and attic with dormers and distinctive roof forms. In addition, the installation of substantial new landscape which is tolerant to the Florida environment will add to the community character. 4 7) Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The parcels include accreted lands located west of the defunct seawall located on the property. The accreted land extending to the mean high water, results in a property depth of approximately 450 feet. Due to the overall depth of the property, the rear setback of zero (0) feet to the Coastal Construction Control Line will not be visually apparent to, nor have any impacts on the views of, the neighboring parcels. Further, the zero (0) foot rear setback to CCCL is primarily for the lap pool, which, because it is raised 12 inches above ground floor level is considered a primary structure. On September 18, 2008, the Board of Adjustment and Appeals approved the applicant's request for a variance from the 18 feet seawall setback as set forth in the building code. 5 a L KARLIE} F. DE FAKER, CM OF Cal1RT PIN[ELLAS CITY, FLORIDA (727) 464- OOB _MEPaRED BY nl? IETURN-M - - ~`) 1C19?ig6 07.1.0-2003 1I.:37.50 FAD Amber F. Williams, Esq. y' Pepple Johnson•cantu & Sohmldt, PLL.C 51 DED-GII.I.S, III, 4ME8 & JOYCE HIGI 25400 Us 19 N, Ste 152 00000 Clearwater, Florida 33763 I#.03200 BK:IMS 0:0453 EP6:0455 REDDING 003 PAGES 1 $15.00 MGM DOC STAFF - DR21V 3 $13,600.00 , H?MAr TOTAL: XAMr CHECK AhT.TNERED: -- a n INELI_FIS co } SK i2e? a CHANGE: )s aRZ?c ?a.ad lllllll IIIII IIIIII?IIlI?1IIIII_IIII?IIIllllllllll BY DEPUTY CLERK ems - WARONTY bEED 9 ro AL? THIS INDENTURE made tlti '''K=? day of July, 2003, by and between .LIMES PITZER GILLS, Jr., as,Truste rrhdar the Revocable Trust Agreement dated 5131/91, as amended whose address is c/o JIREH, P. 0. Sox 1.608, Tarpon Springs, Florida 346881648 ('4Cran or"), and James P. Gills, III and Joyce P. Gills, husband and wife whose 4dd're6`k_9,1s c/o JIREH, P.O. Box 1608, Tarpon Springs, Florida 346$8-1608 ("Grantee'). `x;{+ ;V?/ITNESSETH:' That the Grap, -r",. fdr,,.and in consideration of the sum of Ten Dollars ($10,00) and other good ar?'EI A,6tui?b:16 consideration to Grantor in hand paid by Grantee, the receipt of whic?`. is' hereby acknowledged, has granted, bargained, and sold to Grantee, its sudc?j.? .,. ,and assigns forever, the following described property lying and being in P neltas' Cbrbnty, Florida, to-wit: HIBIT "A" ATTACHED HERETO AND MADE A '13t. HEREOF. SUBJECT `0 -all applicable land use and zoning restrictions and to easements, reservmtd)s,-and restrictions of record, if any, which are specifically not reimposed or e)cfendltd'•I ereby, and to taxes for the year 2003 and subsequent years, T4"-,S'bdJECT PROPERTY IS NOT NOW NOR HAS, IT EVER BEEN THE koWkiIAD OF THE GRANTOR, NOR IS IT CONTIGUOUS TO THE HOMESTEAD 01='TI-?,??GRANTOR. . `i1916h.00 $191615.00 5.00 Grantee's Tax Ide tifica'OQn0i - - _ - = - Parcel Identification Ng:. 32-28-15.54702-000-0160 v ,i r, The Grantor does hereby fully warrant thelriWa'-ty, s'l?id land, and will defend the same against the lawful claims of all personsr•W -brnsoever. r ; IN WITNESS WHEREOF, the Grantor h.aa;,hheri;u,nto set its hand and seal the day and year first hereinabove written. E`l ?r.. Y .,., l' I P INEL PS COUNTY FLA. pFF,RAC.BK 12see PO 454 Signed, sealed & delivered in the presence of: Print Name* nt Name: f ! 0 es Pitxer Gills Jr., as stee ; er the Revoc e Tru t o ree - e t :d 5131/91, as ame ed STATE OF FLORIDA COUNTY OF PINELLA9t £; } The foregotn?g,--.s-tr"0 'e"nt was acknowledged before me this 3 day of .July, 2003 by j6r0ps; 1. iiyer Gills, Jr., as Trustee under the Revocable Trust Agreement Dated 5??3T19'll, as amended. He is [per sanall known to e] OR [has .produced a Flgrda_dri&tr's license as identification]. r r •4, i r J ! li ? ."?rrr Marilyn T. Williams Notary Public Carnmfeslon # W 894820 y Lxpirea Jan, 25, 2004 Print Name; }. Bonded Thru 'jt%0*~ AtlinticSona+nCCa.,.Yno. My Commission Expires: Exhibit '=A `•.,z,,Legal Description of Property 2 P INELLAS COUNTY FLA. OF . R CC .6K iABBB PG 455 Legal Descripfiian... ` z, ?Fzalt~( Bata tis, 16it, X7, 17A, . PjRBT ADCSXTXQ[° 'T?b .dSIAND SIt1 Y*?'d'XN'I' 9'.78. , AcaordAruZ Co the Itap 4't pxaa t4exeof 62 reaorded in Pl1st Book 2% phjk,j7?, Of the Public Fteoordz n? pinellan-I,, I counG}r. P'loridn. ,t MCM 2., Ron-exclusiva Wanemernt for Ingreas, *grxexs ond'utilitiex over the tracts markad PAL,MER-TiAYY M "tt2MV0 an the p14ts" of M#J1 1 AT ?OXXT 0H., arcoordizag to the Btap ?r plat theraof an recorded In Plitt gooRl,ga/ paga 66, and FIRST A.DMME{?.1T TO KRM2AL-4,y Sn., according Cd the map or plat' haiF>weaf:fas Bearded in -Pint aaok 2a, 9M90 71, All oi: the pubJjo Rescarad of Pinsk as Cou>??y„?1prSd?. } NMCIffu 3 BegJA at the Ss7uchwEaCetzy ,66 rip 04'tot 16, FZPST AD171TIOV TO MKDALdX V0= SUB., Ltczrding to the tAar Or j 2i. rhAi4o!';as xecordrei: in Plat 40ok 2O. Pasge 71, of the Public Records pf P.inallap. ?at?nx??;:?lvxic!>ss Thencs Squat-T71,i6t90'1 said Lot 115 na a basis Maxi=i thence in a 21p 0011: ai Maxim 121 It NorthVeMrly aort?ar..:o North 77116-00" Zoft/' 19.1.1'43" V69t, G; GOU?h 60.24 foot I;0,6i fiGk. 121,3//1811 Last : (9outh 39. ?.q fnet. (W.'40t.,f3€1 PARCEL #r All 0-1 P1aat of t Ast", silk the tacptOrly vxtODJ;10n Of the 5outhetrly bDt%ndmry ¢f eof;bnlx',i*rs ra A, paint on the mean high water lines bf G" t oS itha,-' dlreation, maundering the mean high water line of tha 14- =ZO' or 19,99, to a paint lQ0Ated Eolith 77019'00" West of t4e 'fit+' 'l+ of said YZUT =ZT10M TD KWMY P01VT NUB., thenav, , o t1# varthwott:early dowser of yii,d Trot 17, thence Routh .2.902"1114" pagt. p,ar) along the Wept boundary of paid Lsat 17, pi at) ro tbt, gouthtora'at scorner of said Xtct 17; thunot South I 126-14,001, East, plan) along thy: Veer, boundary of said Lot 16, a plat} to thk Botskhwn?t corner of axid WI: 1.5, ch&'Foz nt pf I i ;id lyiri¢ B,9srDxll+ Gi` xhet LaBC boundary of xssax9 16A and a7Ar E'xh$T 1$3.si Y PQI= SUB . , m xcoxding to the map or plat, thereof xs recotded in age 71, of the Public, Xacords Of Pinsllam County„ Florida, xr4 W89teriy 4; Water lint of Clrarerr tftr HILrb57:, bounded on the North by the xaxttrly p North boundary of Lots x7 asnd 17a, and bounded, on the South by ;ge , i0n of the Spuhh boundary of Lot: 1.6 and ICA.. f I I EiasteY?:.y 2at>w wti... ,.... r .y a , .-...` is 3 EMxL C. MARQUARDT, JR., Esquire Madarlane. Ferguson & McMullen - 625 Court Street, Suite 200 Post Office Box 1669 (33757) Clearwater, Florida 33756 TRUSTEES DEED KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST## 2008341628 1213112008 at 04:35 PM OFF REC SK: 16461 PO: 2609-2610 DouType:DEED RECORDING: $27.00 D DOC STAMP: $30100.00 THIS INDENTURE made this j 9 day of December, 2008, by and between JAMES TERRELL SWANN AND LEA SLW R. SMOUT, individually and without personal liability, as Co--Trustees of the RUTH B. ECIMRD FAMLY TRUST dated February 2, 200. and as amended on July 26, 2004; January 27, 2005 and January 5, 2006 , with full power and authority either to protect, conserve and to sell, lease, encumber, or otherwise dispose) of the real property described lierein, of the County of Pinellas, in-the State of Florida, Party of'tlie First Part, whose mailing address is 2378 Anthony.Avenue, Clearwater, FL 33759, and JAN.>M P. GILLS, III AND JOY PAR(CER GILLS, husband and wife, of the County of Pinellas, h7 the State of Floridajarty of the Second Part, whose mailing address is Post Office Box 1608, Tarpon Springs, FL 34688-1608. WITNES S ETH: That the said Party of the First. Pant, for axed in consideration of the s= of Ten Dollars ($10.00) to them in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, their heirs and assigns forever, the following described land, situate lying and being in the County of Pinellas, State of Florida, to-wit: Lot 14, 14A, 15 and 15A, FIRST ADDITION TO MANDALAY POINT SUBDIVISION, according to the plat thereof recorded in Plat Boob 20, page 71, public records of Pinellas County, Florida, Also the right to use tract marked "Pahrner-Hayward, Reserved" for roadway purposes as granted in Deed Boob 745, page 1, public records of Pinellas County, Florida. Subj ect to 2009 real estate taxes, restrictions, reservations and easements of record. Parcel I.D. No. 32/28/15/54702/000/0140 This not the homestead property of either Co?Trustee, The trust created and existing under and by virtue of that certain agreement dated February 2, 2001 and as amended July 26, 2004, January 27, 2005 and January 5, 2006, with James Terrell a.7 V4 G!-L1..I.A CUlU L?i.711G Ate. ?.7ALIU UL, A..7 ?..+V-J.A LLH4 +4+.7, lA AL11U11,1VANN G.LAIF N11ti.+ L a;ro Ul UAV 4G.Ll+AAl+1VV.L? (.L1AlL L-3 Deed. is executed pursuant to and in exercise of the power and authority therein granted to and vested in said Party of the First Part, And the said Party of the First fart does hereby fully warrant the title to said latad, and will defend the same agaizast the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set -a-ieir hands and seals the day and year first above valtten. Signed, Sealed and Delivered in Our Presence: Print Name ,zoy??r/?-?` ? r Tint Na' me. "as to Swann' Print r " Print Narne?? as to SYno&' JJAMES TERRELL SWANN, Co-Trustee (SEAR,) LESLIE R. SMOUT, Co-Trustee STATE OF FLORIDA COUNTY OF PIINELLAS I HEREBY CERTIFY, that on this day personally appeared before me, an of oer duly authorized to administer oaths and take acknowledgments, JAMES TERREL;L SWA:NN, -to me personally known or who has produced e _f e _ as identification acid who did take an oath, and knovaa to me to be the individual(s) described irl and who executed. -the foregoiaag instrument and he acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal at Clearwater, said County and State, this day of December, 2008. ?4P??Y POg + `c CHARMAINE OOUMANIAN Notary Public MY COMMISSION If 957 Print Name e6 EXPIRES: June 18 , 20 2p09 N?7TFOFFL??OT 6ended Thru Budget Netary serrlaea My Commission Expires: __.....? COUNTY OF PUELLAS I HEREBY CERTIFY, that on this day personally appealed 'before me, m-i officer duly authorized to admuiistor oaths and take a6mowledgments, LLSLxC R. SMOUT, to nee personally Imown or who has produced " e as identification and who did take an oath, and l maven. to me to be the individual(s) described in a3.d who oxecuted the foxegoing insfiu- ment and he aelmowledged before me that he executed the same for the purposes therein expressed. WITNESS iny hand mid official seal at11??'????r ? said County and State, this day of December, 2008. o?"R ?ptrBr/ CHARMAINE DOUMANIAN ?. MY COMMISSION 8 OO 435957 Notary Public o? EXPIRE S: June 18, 2008 Pxirit Naxxle???'rdEJ. t?rt?.. AM," TFeFFLe?0??d0dThrueutlgalN°IaryServlu°a _ff My C6numission Expires: h:\data\ral\bo 11 a\eckerdtr-gills\trustded, doe 3 Butler Design Group, Inc Golden Rain Nursery, Inc Charles R. Butler 4203 460' Avenue North St. Petersburg, Florida 33714 Ph (727) 521-1684 Fax (727) 527-7422 E-mail: bdel(rytampabay.rr.com Tree Inventory 1154 & 1160 Mandalay pt. Clearwater Beach Fl. 33767 February 2, 2009 As required by the City of Clearwater, I have completed an assessment of all trees (4" dbh or greater) on the subject site. My opinion is set forth below as to the viability (rating of 1-5) and any potential hazards of these trees. H TRF.F. DRN & fiPVCIVq /RATING AND COMMENTS 1 14" Sabal Palm 3 2 14" Sabal Palm 3 3 14" Sabal Palm 3 4 off site 7" Sabal Palm 3 5 off site 10" Sabal Palm 3 6 14" Sabal Palm 3 7 11" Coconut Palm 4 8 11" Coconut Palm 3 9 5",5",5" Triple Christmas Palm 4 10 10" Coconut Palm 3 11 4" Pygmy Date Palm 3 12 8",7" Montgomery Palm 3 13 10" Foxtail Palm 4 14 5",4" Ligustrum Tree 3 1 15 11" Coconut Palm 4 16 16" Triangle Palm 4 17 7" Mont ome Palm 3 18 4",4",4" Christmas Palm 4 19 7",6",5",5 Reclinata Palm 4 20 5",5",4" Christmas Palm 4 21 9" Travlers Tree 3 22 off site 12" Sabal Palm 3 23 of site 9" Chinese Fan Palm 3 24 off site 10" Sabal Palm 3 25 10" Travlers Tree 3 26 off site 12" Sabal Palm 3 27 9" Travlers Tree 3 28 9" Travlers Tree 3 29 11" Travlers Tree 3 30 8" Travlers Tree 3 31 7" Travlers Tree 3 32 13" Coconut Palm 4 33 11" Sabal Palm 3 34 10" Sabal Palm 3 35 5',5',4",4",4" Sea Grape 3 36 5",4" Sea Grape 3 37 off site 6" Sea Grape 3 38 4" Sea Grape 3 39 10" Sabal Palm 3 40 11" Coconut Palm 4 41 10" Coconut Palm 4 42 10" Sabal Palm 3 43 11" Sabal Palm 3 44 7" Sabal Palm 3 45 10" Sabal Palm 3 46 5",5",5" Christmas Palm 4 47 4",4",4" Christmas Palm 4 48 8" Sabal Palm 3 49 411,417,4",4" European Fan Palm 3 50 11" Sabal Palm 3 51 11" Sabal Palm 3 52 12" Sabal Palm 3 53 12" Sabal Palm 3 54 7" Sabal Palm 3 55 9" Sabal Palm 3 56 10" Sabal Palm 3 57 4",4",4" Christmas Palm 4 58 11" Coconut Palm 4 59 10" Coconut Palm 4 60 4",4",4" Christmas Palm 4 61 12" Sabal Palm 3 62 10" Coconut Palm 4 63 6",7" Sea Grape 3 64 9" Coconut Palm 3 65 12" Sabal Palm 3 66 8" Sabal Palm 3 67 7" Sabal Palm 3 68 611,6,6",591,59,4" Weeping You on Hall 3 69 10" Sabal Palm 3 70 12" Sabal Palm 3 71 10" Sabal Palm 3 72 13" Sabal Palm 3 73 10" Sabal Palm 3 74 10" Sabal Palm 3 75 11" Sabal Palm 3 76 9" Sabal Palm 3 77 10" Sabal Palm 3 78 9" Sabal Palm 3 79 7" Sabal Palm 3 80 11" Sabal Palm 3 81 9" Sabal Palm 3 82 off site 12" Sylvester cross 3 83 5",5" Yucca "Soft leaf' 2, Flush cuts, Severe basal trunk decay/cavity 84 4" Areca cluster 4 85 8" Weeping Youpon Holly 3, Trunk decay, Mechanical damage, Poor structure 86 12" Sabal Palm 1, Hazardous tree, Basal trunk cracks/splits running parallel with vascular bundles. Internal decay, Leaning 87 11" Sabal Palm 3 88 8" Sabal Palm 3, Mechanical damage 89 12" Sabal Palm 3 90 5",5",11" Weeping You on Holly 3, Co-dominate 91 7" Sabal Palm 3 92 9" Sabal Palm 3 93 off site 11" Sabal Palm 4 94 °tisite 11" Sabal Palm 3 95 10" Sabal Palm 3, Old Mechanical damage 96 10" Sabal Palm 3 97 7" Sabal Palm 3 98 9" Sabal Palm 3 99 9" Sabal Palm 3 100 4",4",4",4" Reclinata Palm 3 101 4",4" Roebelenii Palm 3 102 11 ",8" Weeping Youpon Holly 3 I affirm that my opinions have been made in good faith, with no coercion from others. I further affirm that I have no interest with the parties or people involved with neither this issue nor any interest with regard to the outcome. Sincerely, Chuck Butler, ISA Certified Arborist, Certificate #FL-1235A Butler Design Group/ Golden Rain Nursery, Inc. 4 4 ,--j- HIGH POINTIENGINEERING F"Nmie, March 18, 2009 Mr. Scott Kurleman City of Clearwater Planning Department 100 S. Myrtle Ave #210 Clearwater, FL 33756 RE: Response to DRC Comments Residence at 1160 Mandalay Point Road Clearwater, Florida 33767 Case Number: FLD2009-02004 Dear Mr. Kurleman: In response to DRC comments from March 3, 2009, the following is being provided: Engineering Condition: Prior to review by the Community Development Board: 1. Show sidewalks on the plan. Sidewalks are required along both sides of all public and private streets. (Community Development Code Section 3-1907.) R=/ In order to maintain consistency with the existing sidewalks on Mandalay Point the sidewalk is to be located on the easterly side of Mandalay Point Road. Refer to Site Layout and Parking Plan sheet C-3. 2. If brick pavers are used for driveway installation, they shall be installed per the City's Standards and Specifications, Index #113, Page 1. R=/ Refer to note in Paving, Grading and Drainage Plan sheet C-4. Prior to the issuance of a Building Permit: 1. Sanitary sewer service is not presently available for this property. A Pinellas County Health septic tank permit is required for installation of the septic tank system prior to issuance of the building permit per Florida State Statute Section 381.0065(4). Contact Will Christian II, Onsite Sewage Treatment and Disposal, Environmental Health Division of the Pinellas County Health Department, 4175 East Bay Drive, Suite 300, Clearwater, FL 33764, Phone number: 727.538.7277, Extension 1114, Fax number: 727.507.4255. 630 CHESTNUT STREET • CLEARWATER, FLORIDA 33756 1 TEL. (727) 723-3771 EXT 333 ¦ FAX (727) 723-7150 The applicant may want to consider using a private pump to connect to the City of Clearwater's sanitary sewer system, thereby eliminating the need for a septic tank. Contact the Engineering Department for more information. R=/ The previously proposed septic tank system was canceled and a private sanitary lift station and force main connected to the City of Clearwater's sanitary sewer system is at this time proposed. Refer to Utilities Plan and Utilities Details sheets C-5A, C-513, C-5C, C-6. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental Condition: No issues. Fire Condition: 1. Show location of closest fire hydrant, shall be within 500' of new project. PRIOR TO CDB. R=/ An existing fire hydrant is located at 1154 Mandalay Point Road. Refer to Utilities Plan sheet C-5A. Harbor Master Condition: No issues. Landscape Condition: No issues. Le al Condition: No issues. Land Resources Condition: 1. If water, sanitary and electric are proposed to be extended from offsite, submit a tree survey along the corridor where these utilities will be run. Submit prior to CDB. R=/ The proposed force main is to be located under the existing pavement and installed using directional drilling. Refer to Utilities Plan sheets C-5A, C-513, C-5C. 2 Parks and Recreation Condition: No issues - demo of two single family residences, replacing with one single family residence. Stormwater Condition: General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Traffic Engineering Condition: No issues. Zoning Condition: No issues. If you have any questions regarding the information contained herein, please do not hesitate to contact me. Sincerely, HIGH POINT ENGINEERING, INC Braulio Grajales, P.E. Principal 3