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FLD2008-02005; 503 Marshalll St; Marshall Building-, ti FLD2008-02005 503 MARSHALL ST MARSHALL BUILDING PLANNER OF RECORD: WW ATLAS # 268B ZONING: C LAND USE: CG RECEIVED: 02/04/2008 INCOMPLETE: COMPLETE: MAPS PHOTOS STAFF REPORT: DRC: CDB: CLW CoverSheet CDB Meeting Date Case Number: Agenda Item: Owners/Applicant: Representative: Address: Apri120, 2010 FLD2008-02005 D.l. 1504 Garden Inc. (Hashim Sullaiman) Todd Pressman or Hashim Sullaiman 503 Marshall Street CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development application to permit a Mixed Use (1,610 square feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) in the Commercial (C) District with a lot area of 7,720 square feet, a lot width of 50.81 feet along N. Ft. Harrison Avenue (west) and 149.95 feet along Marshall Street (north), a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement), a side (south) setback of one-foot (to existing building) and zero feet (to pavement), a building height of 31 feet (to top of decorative tower) and 10 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community LCVeloplTletll l.Ul1C ll.Ll.) JCGLiUII G-7V~F.l., QS well aJ tl llotlll landscape buffer width along Marshall Street of 4.96 feet (to pavement), an east landscape buffer width of 0.4 feet (to existing building), a south landscape buffer width of zero feet (to pavement) and a north foundation landscape width of four feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G. CURRENT ZONING: Commercial (C) District CURRENT FUTURE LAND USE CATEGORY: Commercial General (CG) PROPERTY USE: Current Use: Vacant two-story commercial building and vacant duplex attached dwelling building Proposed Use: Mixed Use (1,610 square feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) EXISTING North: Commercial (C) District Retail Sales and Services SURROUNDING South: Commercial (C) District Social & Community Center ZONING AND USES: East: Commercial (C) District Retail Sales and Services West: Commercial (C) District Attached Dwellings Community Development Board - Apri120, 2010 FLD2008-02005 -Page 1 of 11 ANALYSIS: Site Location and Existing Conditions: The 0.18 acres located at the southeast corner of North Ft. Harrison Avenue and Marshall Street. The subject property is currently developed with atwo-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 existing parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street. The subject site has 50.81 feet of frontage along N. Ft. Hamson Avenue (west) and 149.95 feet of frontage along Marshall Street (north). Code Compliance issues were initiated for this site on February 5, 2003, when a Stop Work Order was issued for unpermitted demolition and construction within the two-story commercial building (CDC2003-00559, which is still an active case). On January 18, 2005, the Community Development Board (CDB) approved Case FLD2004-02010 with nine conditions of approval for the subject property, permitting retail sales and service uses on both floors of this commercial building. The approval of this project included 11 required parking spaces on the parcel directly south of this site at 1411 N. Ft. Harrison Avenue. Building Permit BCP2005-06914 was submitted June 25, 2005, to facilitate the remodeling of the building and to construct the site improvements. This permit was never issued and was voided October 24, 2006. The applicant also lost the 11 parking spaces on the adjacent parcel due to proposed redevelopment of that parcel. This current application was filed February 4, 2008, in a second attempt to resolve the Code Compliance issue through the approval of an appropriate mix of use for the property. Retail sales uses exist to the north and east of the subject property. Detached dwellings exist on the west side of N. Ft. Harrison Avenue, north and south of Marshall Street. The property adjacent to the south at 1411 N. Ft. Hamson Avenue was previously approved by the CDB under Case FLS2007-07035 for asocial/Community Center use, but no construction was completed on the project and Building Permit BCP2007-08505 was voided, thereby placing that CDB approval into an expired status. There is presently no approved use for the parcel to the south. Development Proposal: The proposal is to demolish the duplex attached dwelling building on the west side of the site and convert the existing commercial building to a Mixed Use with retail sales and service use of 1,610 square feet on the first floor and one attached dwelling on the second floor. Mixed Use is permissible as a Flexible Development use in the Commercial (C) District, but this application is being processed as a Comprehensive Infill Redevelopment Project due to the proposed setbacks. While amixed-use calculation of permitted intensity for this site would allow three dwelling units in addition to the ground floor retail sales use, the site is constrained by the site area, lot width (especially on the north south axis) and the size and location of the existing two-story commercial building. Many potential uses have been analyzed for this site, with the proposed mixed use the best fit for the site, which is part of the reason for the length of time this application has been in the development review process. The redevelopment of this site will set a standard for this area and the adjoining properties will not suffer substantial detriment as a result of the proposed development. The proposal is consistent with the existing commercial character of the surrounding area and the mixed use is compatible with these adjacent land uses. Based on the proposed uses, 10 parking spaces are required and have been provided on-site, albeit with Community Development Board - Apri120, 2010 FLD2008-02005 -Page 2 of 11 deviations to setbacks and landscape buffers. There are two proposed driveways on Marshall Street to access the parking areas for these uses. The redevelopment of this site is otherwise impractical without the requested deviations to setbacks and landscape standards. This proposal is different from the previously approved Flexible Development application in 2005 (FLD2004- 02010) where off-site parking on the adjacent parcel to the south was necessary to meet Code requirements. This proposal is similar in design to the prior approved project from the standpoint of the parking lot and retention area on the west side of the building, including the proposed setbacks and landscape buffers. This proposal includes one parking space on the north side of the building in order to meet the parking requirements. The existing building has a building height of 23.5 feet to the flat roof deck. The proposal includes the construction of a decorative tower over the entrance to the retail use to give the building visual interest. The top of the decorative tower is at a building height of 31 feet, which has been included in the advertised request. The proposed height of this tower is on the lower end of the range of allowable building height for a mixed use. Primary access from the main, west parking area to the retail sales use on the first floor is proposed on the northwest corner of the upgraded building. Access to the residential unit on the second floor is at the northeast corner of the building. There is a small building addition on the west side of the north building facade, which will square off the building at this location. The exterior base and body colors of the building will be tan ochre at the building tower and along the base of the building and ivory for the majority of the building. Decorative trim on the building will be forest green and white, while the door and window frames will be a forest green. The decorative tower will have dimensional shingles of a medium to dark color. There is a stormwater retention pond proposed on the west side of the site between the parking lot and the N. Ft. Harrison Avenue property line. In order to provide the required pond volume, a retaining wall is proposed to the west of the parking lot. This retaining wall location provides sufficient room to plant a hedge to shield the parking from views along N. Ft. Harrison Avenue. There exist overhead utilities along the Marshall Street right-of--way that will remain, but the utility drops to this building will be placed underground on-site. Density/Intensity: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-701.1, the maximum density for properties with a designation of Commercial General is 24 dwelling units per acre and the maximum Floor Area Ratio (FAR) is 0.55. A "mixed use" calculation to ascertain the maximum allowable intensity was prepared. Based on the 1,610 square feet of commercial floor area proposed for the ground floor, the net lot acreage would allow a maximum of three dwelling units. The proposal is only for one dwelling unit. As such, the proposed FAR (based on the original lot square footage) is 0.208 and the proposed density is 7.14 units/acre (based on the net lot acreage), which meets the maximum intensity established under the Commercial General land use. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-701.1, the maximum allowable ISR is 0.95. The proposed ISR is 0.729, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-704, there is no minimum required lot area or lot width for a Comprehensive Infill Redevelopment Project. However, for a point of Community Development Board - Apri120, 2010 FLD2008-02005 -Page 3 of 11 comparison, the minimum lot area for a mixed use can range between 5,000 - 10,000 square feet. The proposed site is 7,720 square feet of lot area. Pursuant to the same Table, the minimum lot width for a mixed use can range between 50 - 100 feet. The lot width along Marshall Street (north) is 149.95 feet and 50.81 feet of lot width along N. Ft. Harrison Avenue (west). The proposal meets and/or exceeds these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-704, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the minimum setbacks for a mixed use can range for front setbacks from 15 - 25 feet and for side setbacks from 0 - 10 feet (corner lots have only front and side setback requirements). The proposal includes a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement) and a side (south) setback of one-foot (to existing building) and zero feet (to pavement). The site is relatively small, with only 7,720 square feet in area and only 50.81 feet of lot width along N. Ft. Harrison Avenue. The applicant proposes to remodel the existing two-story building on the east side of the site for a mixed use for a retail sales use on the first floor and an attached dwelling on the second floor. The location of this existing building is a design constraint for the site. Many potential uses have been analyzed for this site, with the proposed mixed use the best fit for the site. The existing building is nonconforming to the required front and side setbacks and will be deemed conforming with the approval of this application. In order to meet required parking and to meet the dimensional requirements for parking, the proposal includes reductions to setbacks. The redevelopment of this site is otherwise impractical without the requested deviations to setbacks. It is important to note that the proposal includes the removal of nonconforming parking spaces that back into the Marshall Street right-of--way, replacing this parking with spaces that meet current Code design standards. While the required setbacks are not being met, the proposal is in harmony with the scale, bulk and character of adjacent properties. Similar setbacks exist for the retail sales building and parking lot across Marshall Street from this site (constructed in 1996). The reduced setbacks along the street frontages still permit the installation of landscape buffering (albeit at a reduced buffer width). The proposal with its reduced setbacks will not hinder or discourage the development and use of adjacent land and buildings. The parking lot to the west of the existing building is similar in design and location, with the same reduced setbacks, as approved for Case FLD2004-02010 in 2005. Maximum Building Height: Pursuant to CDC Table 2-704, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, the maximum height for a mixed use can range from 25 - 50 feet. The proposal has been advertised with a maximum building height of 31 feet (to the top of a decorative tower). The building height to the top of the flat roof is 23.5 feet, which is less than the range for a mixed use. The proposed decorative tower over the entrance to the retail sales use will give the building visual interest. The proposed height of this tower is on the lower end of the range of allowable building height for a mixed use. Minimum Off-Street Parkin: Pursuant to CDC Table 2-704, the minimum required parking for a Comprehensive Infill Redevelopment Project is based on the specific uses proposed. Retail Community Development Board - Apri120, 2010 FLD2008-02005 -Page 4 of 11 sales uses can range between 4 - 5 spaces per 1,000 square feet as a Level 2 Flexible Development application. Parking for a dwelling is two spaces per unit. The required parking for the retail sales use is eight parking spaces. A total of 10 parking spaces are required and are being provided under this design. Nine parking spaces are proposed on the west side of the building and one parking space is proposed on the north side of the building. Presently, the only parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street. Current Code does not permit back out parking into the right-of--way. This proposal will remove this existing parking area and provide two driveways on Marshall Street. The driveways and parking lots have been designed to meet Code design standards. The driveway locations have been approved by the City's Engineering Department. There is an existing sidewalk along N. Ft. Harrison Avenue that will be retained. A new sidewalk will be constructed for the site frontages along Marshall Street, increasing pedestrian safety. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. Mechanical equipment will be located on top of the flat roof of the building or on the west side of the building. The parapets surrounding the roof maybe insufficient to screen any mechanical equipment on the roof and additional screening may be required. This will be reviewed at time of the building permit submission. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Marshall Street and the street intersection of Marshall Street and N. Ft. Harrison Avenue, no structures or landscaping may be installed which will obstruct views at a level between 30 inches and eight feet above grade within 20-foot sight visibility triangles. Shrubbery planted within the sight visibility triangles will need to be maintained to meet the Code requirements. Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this mixed use building will be installed underground on-site in compliance with this requirement. There exist overhead utility lines within the right-of--way along Marshall Street, which will remain overhead. It is unknown of the location of proposed electric panels, boxes and meters. If located exterior to the building, to ensure views are minimized, this electrical equipment should be painted the same color as the building. The location and potential views of such electrical equipment will be addressed at the building permit stage. Landscaping: Pursuant to CDC Section 3-1202.D, there is a required 15-foot wide perimeter buffers along N. Ft. Harrison Avenue, a 10-foot wide perimeter buffer along Marshall Street and a five-foot wide perimeter buffer along the east and south sides of the property. The proposal includes reductions to these perimeter buffers similar to the setback reductions (see above discussion under Minimum Setbacks), but the perimeter buffers proposed are greater than the buffers that exist today (none). The proposal includes a reduction to the foundation planting area along the north side of the building from five to four feet. A foundation planting area on the west Community Development Board -April 20, 2010 FLD2008-02005 -Page 5 of 11 side of the building exceeds the required minimum five-foot width. No interior landscape area is required for this project, as the vehicular use area is less than 4,000 square feet. A stormwater retention pond is proposed on the west side of the side between the parking lot and the N. Ft. Harrison Avenue property line. All existing unhealthy trees will be removed. Visibility triangle provisions and the existence of overhead utilities along Marshall Street restrict the location of proposed trees. A Comprehensive Landscape Program has been submitted and proposed landscaping has been increased beyond minimum Code requirements in certain areas of the site to offset the inability to plant landscaping in other areas of the site. The site will be planted with a various trees (Little Gem Magnolia, bald cypress, ligustrum tree, crape myrtle and cabbage palm), shrubs (Indian hawthorn and sandankwa viburnum) and ground covers and ornamental plants (juniper, flax lily, African iris and muhly grass). The landscape treatment proposed for this site will make this site stand out in an area generally devoid of landscaping to assist with softening and reducing building massing and the screening of vehicular use areas. Solid Waste: The proposal includes utilizing existing dumpsters located on the parcel to the east, which is also owned by the applicant, for trash produced from this site. Use of these dumpsters will require appropriate agreements with the City and the abutting property owner to ensure continued use of these off-site trash containers. The off-site dumpsters) 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. The proposal has been found to be acceptable by the City's Solid Waste Department. Si a e: The proposal includes asix-foot high, monument-style freestanding sign on the west side of the site. Such future monument-style freestanding sign should be designed to match the exterior materials and color of the building. Attached signage must meet Code requirements. Code Enforcement Analysis: There is still an active Code Enforcement case for this property, initiated on this site on February 5, 2003, when a Stop Work Order was issued for unpermitted demolition and construction within the two-story commercial building (CDC2003-00559). Community Development Board - Apri120, 2010 FLD2008-02005 -Page 6 of 11 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Tables 2-701.1 and 2- 704: Standard Pro osed Consistent Inconsistent Density 24 dwelling units per acre One dwelling unit (7.14 X dwellin units er acre) Floor Area Ratio (FAR) 0.55 1,610 square feet (0.208 X' FAR) Impervious Surface 0.95 0.729 XZ Ratio Minimum Lot Area Comprehensive Infill 7,720 sq. ft. XZ Redevelopment Proiect: N/A Mixed Use: 5,000 - 10,000 sf Minimum Lot Width Comprehensive Infill Marshall Street: 149.95 feet Xz Redevelopment Project: N/A S. Ft. Harrison Avenue: Mixed Use: 50 - 100 feet 50.81 feet Minimum Setbacks Front: Comprehensive Infill Marshall Street: 18 feet (to Xz Redevelopment building), eight feet (to Project: N/A sidewalk) and 4.96 feet (to Mixed Use: 15 - 25 pavement) feet S. Ft. Harrison Avenue: 14.6 feet (to pavement) Side: Comprehensive Infill East: 0.4 feet (to existing X Redevelopment building) and 12.93 feet (to Project: N/A pavement) Mixed Use: 0 - 10 feet South: one-foot (to existing building) and zero feet (to avement) Maximum Height Comprehensive Infill 31 feet (to top of decorative Xz Redevelopment Project: N/A tower) and 23.5 feet (to top Mixed Use: 25 - 50 feet of flat roof) Minimum Comprehensive Infill 10 parking spaces XZ Off-Street Parking Redevelopment Proiect: N/A Mixed Use: 4 - 5 spaces per 1,000 square feet and 2 spaces per residential unit (Required parking: 10 spaces) ~ Bnsed on n "mixed use" calculation; See nnalysis in Staff Report ~ See nnalysis in Staff Report Community Development Board - Apri120, 2010 FLD2008-02005 -Page 7 of 11 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-704.C (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X the use and/or development standards set forth in this zoning district. 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 3. The development or redevelopment will not impede the normal and orderly X' development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed X' development. 5. The proposed use shall otherwise be permitted by the underlying future land use X~ category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f The proposed use provides for the development of a new and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X~ parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ^ Changes in horizontal building planes; ^ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ^ Variety in materials, colors and textures; ^ Distinctive fenestration patterns; ^ Building stepbacks; and ^ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscane design and appropriate distances between buildings. See nnnlysis in Staff Report Community Development Board - Apri120, 2010 FLD2008-02005 -Page 8 of 11 COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per CDC Section 3-913: Consistent I Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X' coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use of X' adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X' immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of o eration im acts on adjacent ro erties. ~ See analysis in Staff Report. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of March 6, 2008, January 8, 2009 and August 6, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there 1S SUbSiantldl GoIllpeteiit eViuGllt;G w Suppoir uic iuiiuwui~ luruui~~ vl ia~~. 1. The 0.18 acres located at the southeast corner of North Ft. Harrison Avenue and Marshall Street; 2. The subject property is currently developed with atwo-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; 3. The only existing parking area for this site is north of the two-story commercial building, which requires vehicles to back into Marshall Street; 4. Code Compliance issues were initiated for this site on February 5, 2003, when a Stop Work Order was issued for unpermitted demolition and construction within the two-story commercial building (CDC2003-00559, which is still an active case); 5. On January 18, 2005, the Community Development Board (CDB) approved Case FLD2004- 02010 with nine conditions of approval for the subject property, permitting retail sales and service uses on both floors of this commercial building and included 11 required parking spaces on the parcel directly south of this site at 1411 N. Ft. Harrison Avenue; 6. Building Permit BCP2005-06914 was submitted June 25, 2005, to facilitate the remodeling of the building and to construct the site improvements, but this permit was never issued and was voided October 24, 2006; 7. The applicant also lost the 11 required parking spaces on the adjacent parcel due to proposed redevelopment of that parcel (1411 N. Ft. Harrison Avenue); Community Development Board -April 20, 2010 FLD2008-02005 -Page 9 of 11 8. This current application was filed February 4, 2008, in a second attempt to resolve the Code Compliance issue through the approval of an appropriate mix of use for the property; 9. The proposal is to demolish the duplex attached dwelling building on the west side of the site and permit, as a Mixed Use, a retail sales and service use of 1,610 square feet on the first floor and one attached dwelling on the second floor; 10. Many potential uses have been analyzed for this site, with the proposed mixed use the best fit for the site, which is part of the reason for the length of time this application has been in the development review process; 11. The proposal includes setback and perimeter buffer reductions from all property lines; 12. The proposal includes a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement) and a side (south) setback ofone-foot (to existing building) and zero feet (to pavement); 13. The existing building has a building height of 23.5 feet to the flat roof deck; 14. The proposal includes the construction of a decorative tower at an overall height of 31 feet over the entrance to the retail sales use to give the building visual interest; 15. Based on the proposed uses, 10 parking spaces are required and have been provided on-site; and 16. There is an active Code Compliance issue associated with this subject property for unpermitted remodeling of the two-story commercial building. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-701.1 and 2- 704 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2- 704.C ofthe Community Development Code; and 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of the Flexible Development application to permit a Mixed Use (1,610 square feet of Retail Sales and Services on the first floor and one Attached Dwelling on the second floor) in the Commercial (C) District with a lot area of 7,720 square feet, a lot width of 50.81 feet along N. Ft. Harrison Avenue (west) and 149.95 feet along Marshall Street (north), a front (west) setback of 14.6 feet (to pavement), a front (north) setback of 18 feet (to building), eight feet (to sidewalk) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and 12.93 feet (to pavement), a side (south) setback of one-foot (to existing building) and zero feet (to pavement), a building height of 31 feet (to top of decorative tower) and 10 parking spaces, as a Comprehensive Infill Redevelopment Project under the provisions of Community Development Code (CDC) Section 2-704.C; as well as a north landscape buffer width along Marshall Street of 4.96 feet (to pavement), an east landscape buffer width of 0.4 feet (to existing building), a south landscape buffer width of zero feet (to pavement) and a north foundation landscape width of four feet, as a Comprehensive Landscape Program under the provisions of CDC Section 3-1202.G, with the following conditions: Community Development Board - Apri120, 2010 FLD2008-02005 -Page 10 of 11 Conditions of Approval: 1. That application for a building permit to construct the approved project be submitted no later than October 20, 2010. 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 compliance action to be initiated; 2. That, prior to the issuance of any permits, a Declaration of Unity of Title be approved and recorded in the public records; 3. That use of the building be for a retail sales and services use on the first floor and one attached dwelling on the second floor; 4. That the final design and color of the building be consistent with the elevations approved by the CDB; 5. That freestanding signage be limited to monument-style signs, be a maximum height of six feet and be consistent with the color and materials of the building; 6. That electric and communication lines on-site be placed underground; 7. That, prior to the issuance of any permits, appropriate agreements with the City and the abutting property owner be approved and recorded, as necessary, to allow tenants of this site to share the dumpster on the property to the east. Additionally, prior to the issuance of a Certificate of Occupancy/Completion for this site, the off-site dumpster shall be upgraded to meet City requirements for design and location; 8. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from adjacent roadways or properties, be painted the same color as the building; 9. That, prior to the issuance of a building permit, outside mechanical equipment be reviewed for Code requirements for location and screening; and 10. That, prior to the issuance of any permit, all requirements of the General Engineering, Environmental Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed. Prepared by Planning and Development Department Staff: Wayne .Wells, AICP, lanner III ATTACHMENTS: ^ Location Map ^ Aerial Map ^ Zoning Map ^ Existing Surrounding Uses Map ^ Photographs of Site and Vicinity S: IP/arming DeparhnentlC D BIFLEX(FLD)IPending cnseslUp for the next CDBIMnrshnll 503 Marshall Buil~fing (C) 2010.04 - 4.20.10 CDB - WWIMarshn11503 StnffReporr.~locx Community Development Board - Apri120, 2010 FLD2008-02005 -Page 11 of 11 Wayne M. Wells, AICP 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: 727-562-4504 ~ Email: wayne.wellsna,myclearwater.com PROFESSIONAL EXPERIENCE ^ Planner III Planning and Development Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; Reviewed building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). ^ Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director; Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site plans and building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Program Manager, Zoning Branch Manatee County Dept. of Planning and Development, Bradenton, FL June 1984 to March 1989 Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code Enforcement Board; Investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; Reviewed final site plans and building permits for Code enforcement; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Planner I Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984 Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information and Data Book; Drafted ordinance revisions; General research. ^ Graduate Assistant University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981 Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County Comprehensive Plan. Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Primarily prepared graphics, for both publication and presentation; Division photographer for 1'/z years; Worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section p LEBEAU ~ ~ I- Q D w ~ ~ IROQUOIS O , ? z ~ PRINCESS ~ ~ y OSAGE ~'4~ D ~ O,Q PLEASANT _ MOHAWK U Q j BURST a CT ~ E Fq~R w o F- ST z MONT O ~ ~ Q FAIRMONT O w ~o~ Q MINNE 5 `O~ BECKETT ~ ~ MgRSI-~qLL ~ ~ ~cJ BECKETT MARSHALL ~ ST .~ ~ ~ w GRANT ST PROJECT ~ ° ~ > D ZO D~OZ SITE ~, ~~ ~ Q Q o ~ Y ~ ~ CARLTON w ST ~ J Z ~ 2 ~ ENGMgN ERMINE w ~ Q ~ ~ TANGERIN ENGMAN D BI ~ ST ~ DtNE LL ~ ~ ~ ~ p LA SALLE ST PgLM ~ BLUFF Q ~~ _ ST J I I Q F'ALIVI ~2 ~ PALM BLUFF ST J a ~ SPRING ~ C9~ ~ JURGENS ST z _~ ~w CEDAR ST METTO S~ a- METTO ~ o 0 LOCATION MAP Owner: 1504 Garden, Inc. Case: FLD2008-02005 Site: 503 Marshall Street Property Size: 0.18 acres PIN: 09/29/15/55530/000/0100 Atlas Page: 2688 1610 161 16 15 1617 ~ ~ ~ co ~ /\ \ / 1s13 ~ 1608 Q 1s12 1613 7614 1615 1625 62 ' f ~ _ ~ ~ h 1611 ((~ 1610 , 1613 16 5 ~ a = 2 1so4 J= Q 1s>1 1621 ~ o v ~ O 9 y 1so7 lsoe ~ 1so7 lsos ~ 1so8 1x11 MINNESOTA DR ~O5 1605 ~ 1609 ~ ,~ ~ ~ ~ rn 62S m 1604 0 160 16 3 10 16 1600 ~ 1605 1606 1601 160? 1604 1609 1s00 1601 1 1603 1604 MARSHALS ST lsoo 160 ~ 15°5 V O N ~ O `~ O ~ ~ ~ N ~ V 1503 1503 1504 1505 'R 1504 1601 15p0 1501 1474 1500 ,~/ 1503 1502 (°o ~°u ~ ~°o rn .- ~ ~ ~ ~ ~ 1413 1415 Q. 1412 141? ~ 1415 1501 150 149 149 p ~O DR O 6 1 1410 y 1410 ~ 1413 ///~~~ 1494 / li 1411 ~ 1406 1411 1408 Q 1411 1409 1407 /~ >4071~ 1411 1 1407 /,0 1407 1403 1407 1406 ` 1408 1409 1406 1405 2 1401 1405 1405 1403 1401 1403 1402 1404 1405 1401A 14016 0 ~ 1308 1309 1401 1402 1403 14 1310 1 1400 ,~ 1311 MDR 309 1305 130 j 1308 ' `~ `° 1 1304 1 Q~ 1309 1306 ~ 130 1307 1308 305 1301 °~ 1302 7 ,p 1304 U/~ ~ 1305 1306 1 13pp 1303 ~ ~ `ti 1303 1304 1301 „gry `r 1217 0 1302 V 12>s 1215 ~ ~ ~ ~ 1300 ~ ~ ~i ZONING MAP Owner: 1504 Garden, Inc. Case: FLD2008-02005 Site: 503 Marshall Street Property Size: 0.18 acres PIN: 09/29/15/55530/000/0100 Atlas Page: 2688 1 6 a / / 161 161 ~ 817 0~ ~ ~ O1 ~~ 9 to ~° ~ 2 _ 9 181 g 2/ 1 / 3 1814 1815 ~ 1 7420 ;, d 6 - 180 - 813 ,(~8 5 , 81 q8~ `r - - - 1818 ~/ / , /~ 81 17 18 19 20 o y 22 23 24 7 1 , ~ O ~ - Q ~ u `O ^ 6 11811 q 1804 Q 7 C11reC1 /` 1 7 1808 0 807 3 1 ~8 6 ~ '0S 1q il f s MINNESOTA DR - - ~ - s V 16p~7 les a a 2 - - 18 5 ~ ICS ( N I ~ s? r~ h " S 5 (-u b~ o I _ _ 1 - - 29 1804 O 1803 1810 18 t ~ r' 26 - n - - - 05k7 ,6 15 I ~ I ~ 1800 39 ~ 1806 I ' , 6 180 180914 - r ~~ 25 L -- 12 18 q - ~ 31 ~0 17 13 2 - 16037 D el in 1804 MARS 24 , Re 1- - HAL ' ~ 6 5 4 3 2 , L ST 1s - - ~ `7 rE ieo '0 11~~/$- 3- - 3= M ~ s 6 617 0 A j~. ~o - 3` a 4 o w ~ e - 3 19 ~ o to ro ~ 1 0 1801 ~ ~ b 22° t'taC 505 o ~O t0 h 15p4 1 ~~ 1 1114 S 11} 501 1$03 F~eta , $ 12438 ~ 1 _ 1 ` 9 14 2 1500 ,~l - _ 9 ~1 ~ 1413 y~-,~ ,Q, _ 141 a 15 a1 Q ~ ^ rn ~. eti a ~ ,c et ~ ~ I B q Vl'l `~" ~4 1 141 ,0 141 1415 = 7149 d CSd e '1 ~ 3 I 5 mm u 494 r 02 ~q t 11 7 2 14f0 G)O o - ~ ~ 141 1413 6 - ~ I~aC ~ 13 12 1411 q o , I o I 140 5 - 1Q08, Q 141E 51192 _J j 7 -t q Z' ~ OQ 1 11 8 ~ u 1 09 l 5 I eSt ~t 2 I , I I 1 W 3 256 ~ 14071/ ? f 0~ I° _ J t 40~ / + 1408 O ~ rn_ _ _~,~ ~ I ~ 1~ ~ 14ggT 1407 7 1406• ~ 2 2 i4os 12f~iEe$ ~0 ~- 40 1 0~~7 ((,5 )J I ~/ 35 140 5 6 3 /~ - - 12 ~ 1 1403 8 II t0 I 11 ~~ 1401 - 3 / 8 1404 Z 5 74p2- q / t3 - II o 1401A 14018 ~ 9 I tW 14 49 1308 1309 ~ q 1401 y l 9 140? i4 c11 d as II ~ o - - _ =9 1310 1 5 / ~ 10 1q0 ,(U W~l 1 ~ ~9 1311 t p _ _ _ _ _ _ _ _ 15 1305 z 8 46 ,^ 13 1 , 2= •:t0 ~ ~ i ~ ~ - 2 90 6•D io a'+ f 4t 1304 - 07 z 130 ~ 1808 ~ ~ ~ - - 07 3 5 1308 16 ~ -9 - - 1305 ~ ~ 1 ~ 5- - - ~~ 3 1 q= 130? 18 1304 (Q l 0 43 1300 q s ~ v a q 13 1 0~ - ~ ~0 17 o ~ ` 1 5 3 1304 ~ 1 27 ~ 1301 5 y o - - - ~ 16 26 1217 68 ^ 25 zq 59 1?18 ~D o 1215 67 m - O 7 1 ~ 6130 - K ~ ~: , w ~ 00o a 116 '~300~ EXISTING SURROUNDING USES MAP Owner: 1504 Garden, Inc. Case: FLD2008-02005 Site: 503 Marshall Street Property Size: 0.18 acres PIN: 09/29/15/55530/000/0100 Atlas Page: 268B View looking F, from N. Ft. Harrison Avenue at existing duplex on the west side of the subject property ~.- __ f. _ ---_. View looking S from Marshall Street at the commercial property at 1504 N. Garden Avenue to the east of the subject property View looking SE from Marshall Street looking at the subject building and the commercial property at 1504 N. Garden Avenue a ~ _ a 503 Marshall Street Case Number FLD2008-02005 Page 1 of 2 View looking S from Marshall Street at duplex on west side of View looking S from Marshall Street at subject building on the a ~..: View looking N W at detached dwelling north of the intersection of Marshall Street and N. Ft. Harrison Avenue 503 Marshall Street Case Number FLD2008-02005 Page 2 of 2 View looking SW at detached dwellings south of the intersection of Marshall Street and N. Ft. Harrison Avenue View looking NE from N. Ft. Harrison Avenue at retail sales use at 1600 N. Myrtle Avenue Planning Department CASE #: RECEIVED BY (staff initials): C earwate 100 South Myrtle Avenue Clearwater, Florida 33756 DATE RECEIVED: ~ Telephone: 727-562-4567 Fax: 727-562-4865 ^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ^ 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 ^ SUBMIT APPLICATION FEE $ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 07/11/2008) PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER PROPERTY OWNER(S): List ALL owners on the deed AGENT NAME: MAILING ADDRESS: PHONE NUMBER: CELL NUMBER: Same as Above Todd Pressman_ _ _ P.O. B_ox 6015, Palm Harbor, F_L 34684 727-804-1760 NUMBER: 813-433-5553 EMAIL: hsullaiman(a) FAX NUMBER: __727-669-8114__ EMAIL: pressinc@aol.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) PROJECT NAME: Garden Avenue Complex PROJECT VALUATION: $ 100,00 STREET ADDRESS 503 Marshall St., 1504 N. Garden Ave., Clearwater, FL 33755 __ _ __ __ PARCEL NUMBER(S): 09/29/15/55530/000/0100 __ __ _,_____,__ PARCEL SIZE (acres): 0.18 A.C. PARCEL SIZE (square feet)' 7720 SF LEGAL DESCRIPTION: See Attached PROPOSED USE(S): Retail and one a Requested to permit a mixed use 1,610 SF of a retail space and one apartment, in the commercial (c) DESCRIPTION OF REQUEST: district under the provisions of section 2-704 (c) ; a reduction to the landscape buffer along marshal) street (N) from 10 to 4.96' (to pavement) and on sides also under provisions of section 3-1202.G. buildino height needs to be increased from 25' to 31' , 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.) Ha_shim Sullaiman, 1504 Garden Inc. 1504 N Garden Ave., Clearwater, FL 813-841-8712 813-841-8712 C:\Documents and Settings\nghovaee\Local Settings\Temporary Internet Files\Content.lE5\G9AJ8L2N\Comprehensive%201nfill%20Project%20%28FLD%29%202008%2007-11 [1 ].doc Page 1 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 _xx_ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 7) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (8) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The resulting size and scale of the site will be comparable to surrounding projects in an area that sorely needs investment and redevelopment....inthe regard that this is a tough site to make construction and a viable use work. The finished project will be in better character, or equal to new developments, than what is in the vicinity. This includes convenience stores, public laundry uses and general retail. The bulk coverage, density and scale of the surrounding commercial properties are very similar to the property - __ 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. This development will encourage more investment, more improvement and more renovation. This is a site that will be a leader of investment in the vicinity as well as improvement. This will provide a huge increase in value at this property and will cause significant improvements in neighborhood of the proposed use. Vacant buildings in an area have a negative impact, so we need to uplift it. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. Again, this will only be a needed improvement to an area that could use improvement and investment. The removal of backing out parking has improved safety for pedestrians and handicapped. Vacant buildings do not promote safety. 4. The proposed development is designed to minimize traffic congestion. The site meets parking codes. The removal of backing out parking has improved safety for pedestrians and handicapped. This small commercial development will not create traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. Again, this project will be an improvement to the community character and will be an asset to an area that could use some investment and improvement. Since similar uses exist that are in differing states of disrepair, this site will be a leader for change in the area. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The activity will be minimal and will be of the same character that surrounding uses maintain. We have improved visual aspect of this property with the elimination of the duplex on the corner, along with the proposed building and landscaping improvements. It coincides with a neighboring retail store. C:\Documents and Settings\nghovaee\Local Settings\Temporary Internet FileslContent.lE51G9AJ8L2N\Comprehensive%201nfill%20Project%20%28FLD%29%202008%2007-11 [1 ].doc Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Inflll Redevelopment Project Criteria) ^ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA -Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning distrid. The proposed deviations from Code are necessary and minimal in order to make re-use of this existing site. Certain deviations are necessary in order to accommodate the existing building and the site legally developed a long time ago. The site is small and is impractical to develop without approval of requested deviations. There is a market demand in the vicinity and the uses that are proposed can work there- considering the surrounding community factors for example, the building height needs to be increased for safety of apartment plus for better aesthetic. Similarly, setbacks reductions are necessary for this project. The relief sought from the setbacks are required and the minimum necessary to accommodate use of the existing building, pavement and sidewalks. The increase in the overall height of the building Is necessary as it is existing and necessary to provide adequate ceilin~he~ht for a apartment building. Adequate_parkn~has been provided in order to meet the code requirements ____ _ _ _____ 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objedives of this Code, and with the intent and purpose of this zoning distrid The use is permissible and is common in the immediate area along the main arterial and is therefore compatible, in addition being a mixed use with an affordable unit. This is a project that seeks to match surrounding uses and provide a substantial; and improvement and investment of a quality use __.. __ _ _ 3. The development or redevelopment wilt not impede the normal and orderly development and improvement of surrounding properties. This site matches uses in the vicinity and the zoning present on the site and the prevailing land use pattern. It will bean asset to encouraging others to invest and improve in the immediate area. The change in parking will be much safer for all involved and in the area. It will bean investment that will improve the area dramatically. It will not impede surrounding properties. The proposed use is compatible with the neighborhood. 4. Adjoining properties will not suffer substantial detriment as a resuR of the proposed development. The proposed development is similar to surrounding uses, is permissible by the zoning district and would be in market demand in the vicinity. The use is not detriment to uses typical of these locational aspects and will be an asset to the communes ____ __ 5. The proposed use shall otherwise tie permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objedives: a. The proposed use is permitted in this zoning distrid as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a signficant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic centributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. a. The proposed use is permitted in this zoning district. b. Retail store will create jobs and bring taxes to city. c. The present use is compatible with surrounding uses. It is also a mixed use as directed by current planning directions. It accommodates the expansion or redevelopment _ 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objedives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning distrid; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: ^ Changes in horizontal building planes; ^ Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; ^ Variety in materials, colors and textures; ^ Distinctive fenestration patterns; ^ Building stepbacks; and ^ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. a. This will be vast improvement in aesthetics and improved parking, no backing out. Proposed site will not impede surrounding properties, which are of similar size and use. b. Site complies applicable design guidelines adopted by the city. c. Project matches surrounding uses and provides improvement d. Proposed building is cohesive attractive and similar to surrounding developments. e. Redevelopment includes new landscape areas. ___ ____ _ _.__,__ ~_. E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) 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 Cleanaater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption to this requirement. ^ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. O 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; ^ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. ^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ^ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ^ 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 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; 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; ^ TREE INVENTORY; prepared by a "certified arborist", of all trees 4" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; LOCATION MAP OF THE PROPERTY; ^ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; GRADING PLAN, as applicable; ^ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ^ COPY OF RECORDED PLAT, as applicable; C:\Documents and Settings\nghovaee\Local Settings\Temporary Internet Files\Content.lE5\G9AJ8L2N\Comprehensive%201nfill%20Project%20%28FLD%29%202008%2007-11 [1 ].doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-2O2.A) SITE PLAN with the following information (not to exceed 24" x 36"): Index sheet referencing individual sheets included in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a Level Two approval. SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: ,J~ ~ ~. EXISTING REQUIRED PROPOSED 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 & driveways, _ _ expressed in square feet & percentage of the paved vehicular area; 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 (F.A.R.) for all nonresidential uses. ^ REDUCED COLOR SITE PLAN to scale (8 YZ X 11); ^ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; _...... Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; C:\Documents and Settings\nghovaee\Local Settings\Temporary Internet Files\Content.IE5\G9AJ8L2N\Comprehensive%201 nfill%20Project%20%28FLD%29%202008%2007-11 [1 ].doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.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. ^ 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. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) BUILDING ELEVATION DRAWINGS -with the following information: All sides of all buildings Dimensioned Colors (provide one full sized set of colored elevations) __ __ Materials ^ REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/z X 11 J. SIGNAGE: (Division 19. SIGNS /Section 3-1806) ^ 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) ^ Comprehensive Sign Program application, as applicable (separate application and fee required). ^ Reduced signage proposal (8'h X 11) (color), if submitting Comprehensive Sign Program application. C:\Documents and Settings\nghovaee\Local Settings\Temporary Internet FileslContent.lE5\G9AJ8L2N\Comprehensive%201nfill%20Project%20%28FLD%29%202008%2007-11 [1 ].doc Page 6 of 8 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ^ 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 andlor 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. 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. 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: 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 andlor 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. Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): Fire Flow Calculations/Water Study is included. ~/ Fire Flow CalculationsNVater Study is not required. _... ~t ---... 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 representatives to visit and photograph the property described in this application. / ~ ~ J~,.~ Signature of property owner or representative STATE OF FLORIDA, COUNTY OF PINFW AS Sworn o an subscribed before me this ~ day of A.D. 20~ to me and/or by IM V~ ~o is personally known has produced as identification. 1 ,, -~iT~ r F ~ Notary public, a n~^ My commission e s a ~ S10P_ ~ , ?;1 _'X$ -~,Ye M. Yi a~Vl® _a ~ry,. ~.-.;13Si. ksi p~tiu.... -- C:\Documents and Settings\nghovaee\Local SettingslTemporary Internet Files\Content.IE5\G9AJ8L2N\Comprehensive%201 nfill%20Project%20%28FLD%29%202008%2007-11 [1 ].doc Page 7 of 8 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed -PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 3. a/t this prope~rt~y ~c~o7nstitutes the prop~e[/rty for whichff//a request fora: (describe request) T~h , ~ ~ 4. That the undersigned (has/have) appointed and (does/do) appoint: ~~ ~-~,,~ c , iia; ~~~, ~~,,,. ~ ~, -,~ ,~< ~~l-,nom ~-,~~ ~,, 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), t undersigned aut~ho~rity, hereby certify that the fore oing is true and correct. - -eZ~`~ O ~ wner Property ' Property Owner --- Property Owner ---- ---- ------ -----Property Owner --- STATE OF FLORIDA, COUNTY OF PINELLAS ~ ___._ day of Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this ___ g 1 V personally appeared ~51"f f M S V L4Q f M ~Q~ who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. . , ~" r _ ti F4 L\~i tom. ~?ll~..~ ~ • ~ ~Con;rni~sion # i;~D531438 - „ ~~~, ; Notary Public Signature Notary Seal/Stamp ;~;eu Thru Au:~ntic Bonding Co., Inc. My Commission Expires: _ 1- APT __ ~: ~ 't 209 Z:\2008 AutoCAD Projects\ray\Comprehensive Infill Project (FLD) 2008 07-11:.doc ` Page 8 of 8 "" FRON :RUSSELiREBECK ~~{ FRX N0. :7274470427 Dec. 02 2009 09:02PM P2 Planning Department 100 South Myrtle Avenue ClBarwater, Florida 33768 Telephone: 7'27-562-4567 Fax:727.562.4865 ~, T , APPUCATtoN p guBMtT ORlC1PtAt_ ~LG~-E~.B. ~ application are ~eg0ired t HeECOllated, sstap~ed and oldeQ 1n10 sets CASH NUMBER' -~ RECEIVED BY (Steer Inttlais): DATE REC~f11'Ed: -.•- -- * CONJUNCTION WITH A COMPLETE LEYELOSIE OROI EL TWO APPI CRA'r10N~UMENTA710N tS RE4UtRED TO BE SUBMiT?ED IN CUMpgEI~ENSTVE LANDSCAPE PROGRAM (Revised 03/2912006) `PLEASE TYPE OR )?MINT' ...~.~-_ APPLICANT, PROPERTY OWNER AND AGENT INFORMA710N: (Coda Section 4-202.A) APPLICANT NAMt3: - ~ ._ r _ ~` / ~ b_ ...... LT~-Y~ ~~..t°_~...~.Ir~..c...._.._.~._. MAILING AODRESS~ 1,~Q,~._~.L_.~i1_.A~ ~ .~..r-._....~_ ~ ~:f_t.'.csi.~ ~.,L/ ,~_.L ~ L .._3 3 ~~,~ _..._-- PHONENUMBER:~~'~~j.~..2.,.._.._ CELL NUMBER: ~(~--~~._~~~.,Z.__._..__....,____......._ PROPERTY OWNERt51~ L-,r=F-~,.~.,f~~''l-.~s3~_._-_..._...--- -----. _..... _ .... Llsr ALl ow~art w+ tnr saw ...... ~ ...._ .__.~__.i..................----.__..._.._.._..-N__........._._.... _.. ..--...------.~____---._....__.,__._._.....--- ................_..,........._....._. AGENT NAME: ~s~L.xa,..---~ ~~~.1~-~LLS~.a~a..._.-~.. ~_.----.._...,._...__..._ _._._._........__.. MP.ILtNG ADDRESS: °~ ~ S, ... ~ _ U_ ~L ~~ 6 PHONE NUMBER: ._..,,~-.._Y_ __ ... FAX NUMBER: ~`L ~- E7 CI X t I K ----.._ .----- ,--- CELLNUMBER: ~2~..~._.:.__i'~~~........ E-MAIL ADDRESS: ~[~,*.~~ ~..tz..t~4_'S.A.YYa..._..___ Pecre~~ r,~'o9/2q/i.~lsSS ~~~ /moo©~~1~~ t. ARCHITEC7URAt. THEME: a. The IandSteping in a Comprehensive t-endseape Program shall he designed es a pert Ot the arChilecsatal tht»•no or the principal buildings proposed or devebped on the parcel proposed for the development. DR b. The design, Character, location and/or matttrlals of C1e landscape treatment proposed U the t..omprehensive Landscape Program shall be demonstrably more athacllve than landscapkg Ottlatwlfie permitted On the parcel proposed for devebpment under the minimum landscape standards. '.1.;_ nle... ..,:tf Rt~eU~ao Si4",r~i~ uP4~...,.d+d {-0_}~vftaa~`,~_~Y+^~`"-~_- __F~__~~-^-- ,~ . -. $: Wknruray tHpertmenttAPP~BUon Farmsttlevabpnrsnt rovietMZ00t1 FormslCompreMenarve LanescepE Proprem ZOOtf.dOC Page t of Z FROM :RUSSEL/REBECK FAX N0. :7274470427 Dec. 02 2009 09:03PM P1 LIGi~ING; Any ttghting Proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when t e business is dosed. -- --- 9. GOMh1UNITY CtIARACTER: The landscape trealme~ t prOpo68d~ln ihe~Ccmi r~teAt3r~e LanMdSCap@ h will enhance the community dlaracter of the City o! gearwaier. ~~li i~u i t~,i~~ n~~~ ~ t. 4- PROPERTY YALUE3: The landscape Vestment prop08ed in the Comprehensive t.sndscape Program vulN have a benebcial impact on the V81ue of the property in the immediate v+Cinity Of the parts! proposed for development. 5. SPECIAL AREA OR 8Ct=N1C CORRIDOR Pt_AN: The landscape treatment prop4Sed in iris t,,omprehensive Land9CSpe Program iS oonsislent with eny special area or Scenic oorrldor plan which the City of Clearwater has prepared and adopted for the area in whiotl the patter proposed for development is located. THE LANDSCAPING REOUIRi"MENTS OF ARTlCtE 3, bIVISION f2 MAY BE WAIVED OR MODIFIED AS A PART OF A LEVEL. bNE OR t_EVEI TWO APPLICATION, AS THE CASE MAY BE. IF THE APPLICATION FOR DEVELOPMENT APPROVAt_ INCLt1OES A COMPREHENSIVE RENDERANGS ANO P R3P ~tVES MAYBE NI+CESS ROY TO SUPPLEIMENT 7HEtINFORMATION PROVIDEDD ON THIS WORI(SHEET. NATIONS, SIGNATURE: I, the undersigned. acknowledge that ail representations made in this s~lica$on are true and a~ ras6ntetive6 to viStf and krtowl@dge and authgrize City ep photograph the property des~ibed in this application. Signature of property owner of representative STATE OF FLORIDA, COUNTY OF PINEL Sworn to and ubsaibed before me this day of q,p, 2Q to me andlor oy ry who is Personally known has produced a5 ideritific8tion:' `'`~ "•'~ ~ ` ` ' ~t P4 ('r~ _ ~ ,r~~iUi ~~ __ -..._ _NOtary Public,. -.~ ~ S MAY ~U3 L ~ a My commission exRites. , ; __ ,f~~'W~N~'~ ~` ~. S:1Plannirtg DeA~mfantlApPf~ation FwmsWeveloPmanf review12008 FormslComprBhensfVe Landscape Pn~gram ZOp6.doG Page 2 of 2 The minimum landscape requirements can't be met in certain areas. The building is existing and therefore can not be relocated. The parking lot meets minimal code, therefore no additional landscape space can be created by deleting a pazking space. The pazcel itself is small, leaving no room for additional planting once the minimum requirements aze met for building. Any remaining areas on this parcel that have not been designated for building has been designated for landscaping with only the retention area sodded., Reductions The landscape requirements for the building facade north, facing Marshall Street is 4' wide instead of the required 5'. The north landscape buffer is 4.96' instead of 10' in certain azeas. In other areas it meets the 10' requirement. The south landscape buffer is 0' instead of 5' in certain areas. In other areas it meets the 10' requirement. The east landscape buffer is .4' to existing building. The remaining buffer is 5' as required. The west landscape buffer meets the 10' buffer requirement. Provided On the north side perimeter, four trees are required but due to visibility triangles, two ligustrum trees are proposed. A 10' landscape buffer is required. A 4.96' landscape buffer area is proposed with the required perimeter hedge being viburnum suspensum. The remaining space is landscaped with miscellaneous ground cover. On the south side perimeter four trees aze required along with a 5' landscape buffer azea. The existing building and proposed parking lot occupy part of the perimeter. The remaining azea is landscaped with viburnum suspensum and Indian hawthorne. Due to lack of space the four required trees have been planted along the west perimeter. On the west side perimeter one tree is required, five bald cypress trees are proposed. Four of the bald cypress are to be credited to the south side perimeter requirements. A 10' landscape buffer is required and provided. A viburnum suspensum hedge is proposed for the perimeter hedge. The retention pond is sodded with bahia sod since no shrubs are recommended for this area. The outer perimeter is landscaped with Indian hawthorne to provide low landscaping plus visibility for the sign in the south west corner of property. On the east side perimeter one tree is required, one crape myrtle is proposed. A 5' landscape buffer is required and provided partly along the east side, with a viburnum suspensum hedge proposed for the perimeter hedge with miscellaneous shrubs planted in the remaining space. The existing building occupies the remaining space. 100% of the building facade with a minimum of 5' width landscape area is required along the front of the building facing north. 4' is provided. A viburnum suspensum hedge has been proposed to be planted along the facade with ground cover planted in the remaining space. Two accent trees aze required along the front of building also. Six (three palm trees equal one accent tree) sabal palm trees have been proposed to meet this requirement. There are no requirements for the pazking lot due to the size being under 4000 s.f. To make up the lack of landscaping along the south perimeter and also the lack of two trees for the north perimeter, additional landscaping has been added in the interior, between the parking lot to the west and the building. Two little gem magnolia trees, (to be applied for credit for the north perimeter) have been proposed along with miscellaneous shrubs in this area. There is no sod proposed in this area. RETENTION POND CALCULATIONS Site Area: 7720 SF Existing Impervious Area: 5262 SF Proposed Basin Area: 5630 SF VOLUME PROVIDED BY RETENTION AREA bll// FYi I_rf, ._1( !; 1_)~ ii I/ 1 t /:v7 I~~bl Bl7fttom Area: 15' X 2' @ EL. 26.7 5' Depth 3.0' Rote: Water Table Seasonal High @ EL. 20.75' (DRI Field Test) Volume Provided = 3.0 X (39'x14' + 15'x2') / 2 = 864 CF Cpre. _ (0.9/2) ((5262 + (0.2x2458)) / 7720 = 0.37 Cpost. _ (0.9) ((5630 + 481 + (0.2x2090)) / 7720 = 0.76 0C=0.76-0.37=0.39 Rain Intensity (25 yr.) = 3.6 in/hr Q = (0.39 x 3.6 x 5630) / 43560 = 0.18 CF/S =640 CFH Rain Intensity (50 yr.) = 4.0 in/hr Q = (0.39 x 4.0 x 5630) / 43560 = 0.120 CF/S =720 CFH Then, Volume Required for 50 yr= 720 CF Volume Provided (864 CFj is Greater than Volume Required (720 CF). THEREFORE, DESIGN IS ACCEPTABLE. Pond Recovery Avg. Infiltration rate based on the DIRI test = 110 ft/d Using Factor of Safety of 2 Bottom of Bond Area = 15'x2' = 30 sq.ft. Volume Pond can handle in 24 hrs. _ (110/2) (15'x2') = 1650 CF/day Volume Provided = 864 CF Recovery = (864/1650) x 24 = 12.57 Firs. < 36 Hrs. Therefore, Design is Acceptable son~~ E tt G 1 fl E E R S tlNEY Fr LLC, EB # 9746 , PH: ]Y7-42i-41li FAK 813-912-2846 E-MAIL: SBNEYFMLLC~YAN88.08M WWW. SBNEYFMLLC.CBM 16306 Doune Ct., Tampa FI, 33647 F.P.E. # 47431 FLD2008-02005 - 503 Marshall Street Stormwater Engineering 1. Pond slope is not 4:1 on plans as indicated in the response. RESPONSE: Pond dimensions revised to maintain 4:1 slope. 2. Connection to a storm inlet is required; pond doesn't have enough volume to handle a 50-year storm event. ..: RESPONSE: Connection to a storm inlet is provided. Pond is designed to handle 25 years storm event. 50 years storm event is not required, as inlet connection has been provided. ~. Landscaping ~` 1. Comprehensive Landscape Program application submitted. Narrative not submitted. (Prior comment: Provide a narrative with this application, detailing what the landscape requirements are, the reductions requested, the important factors of the landscape design and how this proposed landscape design exceeds the minimum Code requirements in areas of the site where the minimum Code is not being met.) RESPONSE: Narrative has been revised. Zoning 1. Affidavit to Authorize Agent is not filled in and is not signed by the property owner, although the notary has attested that Hashim Sullaiman signed the Affidavit. RESPONSE: Affidavit is filled out. 2. Despite the response to comment, the requirement must still be met. (Prior comment: Sheet C2/7 - Per Section 3-911, all on-site overhead utility lines must be placed underground with this proposal. Provide note that such will be done as part ofthe construction.) RESPONSE: Revised. 3. No reduced 8.5" x 11" colored elevations submitted. Sheet C7/7 -West facade now shows a yellow area along the base rather than tan. Revise to tan on the colored elevations (both the 24"x36" and the reduced 8.5 "x 11 "). RESPONSE: Revised. 4. Submit paint samples/swatches for the proposed exterior colors. RESPONSE: Submitted. 5. Still need to address "a" and "c" below. Unclear of what the 5.86 dimension at the NW corner of the western parking area is measured to. (Prior comment: Sheet C2/7 -Provide dimensions for the following: a. Since additional wall extensions are being added to the north (two locations -east and west) and the west walls of the building, show such-building extensions and the new dimensions from the property lines; c. Dimension from the Marshall Street property line to the sidewalk to the dwelling unit (see other Planning comments);) RESPONSE: Revised. sonE~ E n ~~ n e e a s t~NE~ F^ LLC, EB # 9746 , PH:1Y7-42~-41li FAIT 813-912-2846 E-MIDI: SBNEYFMLLO@YAHO8.68M WWW. SBNEYFMLLC.CBM 16306 Doune Ct., Tampa Fl, 33647 F.P.E. # 47431 6. Still need to address "d". (Prior comment: Sheet C1/7 -Revise the Site Data for the following: d. Proposed setbacks -This is a corner lot where there are two front setbacks (north and west) and two side setbacks (south and east). Provide Proposed Setbacks for both Front setbacks (north and west) and for both Side setbacks (south and east). Include proposed setbacks to building and to pavement;) RESPONSE: Revised. 7. Still need to address comment "d" below. (Prior comment: Sheets C4/7 & C7/7 -Sheets are not coordinated as to window, door and tower addition: d. Sheets C4/7 and C7/7 -Ensure the door on the first floor and the window above the door on the second floor are located properly on the west facade consistent with the floor plan. (Sheet C7/7 -Door on first floor on west side not centered -see Sheet C4/7)) RESPONSE: Revised. 8. Need to attach legal description to application. (Prior comment: Page 1 of the Application -Provide (fill in) the Legal Description (or state "see attached" and attach the legal description to the application) and the Proposed Use.) RESPONSE: Attached. 9. Still need to address "b" and "c" below. (Prior comment: Response to Comprehensive Infill Redevelopment Project criteria #1 - b. Need to address HOW the proposed uses of retail sales and one residential unit cannot fit onto this site without deviations; c. While this is being processed as a Comprehensive Infill Redevelopment Project, need to compare the proposal to the retail sales standards for setbacks, building height and parking, especially in light of reductions to the standards (or increase for building height), in detail; and) RESPONSE: Revised. 10. Unclear if the recorded Access, Egress and Usage Agreement -Waste Dumpster is acceptable to the Solid Waste Department. It was recorded in January 2009. RESPONSE: N/A. 11. Need to submit 8.5" x 11" copies of Sheets C2/7, CS/7 and C7/7 (colored elevations) RESPONSE: Submitted. Should you have any questions in this matter, please contact us. Sincerely, 1`a` "" 2 Z ~° Dr. Ram Goel, Ph.D., P.E. Soney FM LLC. TO THE CITY OF CLEARWATER 100 S. MYRTLE ROAD CLEARWATER, FL 33765 8-14-09 SUBJECT: Case Number: FLD2008-02005 - 503 MARSHALL ST OWNER: 1504 Garden Inc. 1504 N Garden Ave. Clearwater. FI 33755 REPRESENTED BY: Todd Pressman, 28870 Us Hwy 19 N.,Clearwater, Fl 33761 TELEPHONE: 727-804-1760, FAX: 727.669.8114, E-MAIL: pressincnaaol.com Following are our responses to DRC Comments General Engineering: 1. Show on a scaled drawing the location of the dumpster enclosure. (Not met 7!22/09). RESPONSE: SHOWN ON C2. 2. Is the property presently connected to the city sanitary sewer system? If the property is presently utilizing a septic tank, Pinellas County Environmental may require that a connection be made to the City's sanitary sewer system (if septic modification permit is required, this permit shall be obtained prior to issuance of City building permit per State laws). RESPONSE: CONNECTED TO THE CITY SANITARY SYSTEM. Prior to the issuance of a building permit: 1. Sidewalks and sidewalk ramps adjacent to or a part of the project shall be designed and constructed consistent with City of Clearwater Contract Specifications and Standards Index # 109, including the A.D.A. (Truncated domes per D.O.T. Index #304.) Include Index # 109 on the construction plans. RESPONSE: AGREED. 2. Water meters are not permitted to be located within driveways, side~,walks or other impervious areas. RESPONSE: ACKNOWLEDGED. Prior to issuance of a Certificate of Occupancy: 1. Provide a copy of an agreement. recorded in the Official Records of Pinellas County, allowing for shared use of a dumpster enclosure to be constructed on the adjacent property. The agreement shall be binding upon successors in title to both properties and determined to be legally acceptable by the City's Legal Department. (7/22/09, MET) 2. Applicant shall submit ~ sets of as-built drawings that are signed and sealed by a professional registered in the State of Florida. The Construction Services Inspector will field inspect as-built drawings for accuracy. RESPONSE: ACKNOWLEDGED. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in-service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. RESPONSE: ACKNOWLEDGED. 1 . An Asbestos Surve}~ is required prior to conducting any demolition or renovations. Please contact the Pinellas County Air Quality Department at (727) 464-4422 for further information. RF.SPONSF,: ACKNOWLEDGED. Environmental: Fire: Must meet the requirements of NFPA 101, 2006 edition Chapter 6 table 6.1.14.4.1 (b) Required Separation of Occupancies (hours). Must provide a 2 hour separation between occupancies. RESPONSE: ACKNOWLEDGED i .Plan shows one means of egress from the second floor. ihis sole means of exitin;z SI I,'~LL be a 2 hour rated 126=,SPONSE: At:KNOVI~'LEDGED. 2 ~Sh.:c.i C 4/7 shows that new windows are Tieing added ro se~.ond floor living area, nt?~st tneet the rec~uiremcnts of NFPA 101. 2006 edition Chapter 24 24.7_.Z.3.3* It sI_ail be an ova?side win:pow or door operable from the inside without the use of tools, keys, or special effort and shall provide a clear opening of not less than 5.7 ft2 (0.53 m2). The width shall be not less than 20 in. (510 mm), and the height shall be-not less-than 24 in. (610 mm). The bottom of the opening shall be not more than 44 in, (I 120 mm) above the floor. Such means of escape shall be acceptable where one of the following criteria is met: (1) The window shall be within 20 ft (6100 mm) of grade. (2) The window shall be directly accessible to fire department rescue apparatus as approved by the authority having jurisdiction. This will be addressed under the building plans 3. Pian is unclear of the location of the required fire hydrant, sheet C2/7 . Provide detail showing the location of fire hydrant on the plan, SHALL be on the same side of the street within 300 feet, RESPONSE: LOCATION (WHICH'IS WITHM 300 FT TO BUILDING) SHOWN ON C2. Land Resources: Sheets C2/7 and CS/7 -Must curb the east edge of the parking lot (northeast comer of property) and the north and east edges of the foundation landscape area on the north side of the building. 1 .Sheets C2/7 & CS/7 -Relocate the visibility triangle at the street intersection of N. Ft. Harrison Ave and Marshall Street to be at the property lines (not the roadway pavement edge). RESPONSE: SHOWN ON C2. 2 .Comprehensive Landscape Program - Provide a narrative with this application, detailing what the landscape requirements are, the reductions requested. the important factors of the landscape design and how this proposed landscape design exceeds the minimum Code requirements in areas of the site where the minimum Code is not being met. RESPONSE: PROVIDED. 3 .SheeE C5/7 -Relocate cypress trees to be planted along the top edge of the retention pond, to minimize future maintenance issues due to cypress knees. RESPONSE: RELOCATED. Landscaping: A recreation facility impact fee of $200 is due for each new residential unit prior to issuance of building permit or iTnai Alai (if applicable) whichever occurs first. RESPONSE: ACKNOWLEDGED. Parks and Recreation: The following shall be addressed prior to Community Development Board. 1. Pond shall have a maximum side slope of 4:1, not 2:1 as current design shows. Please revise drainage calculations and plan to adhere to this requirement. RESPONSE: REVISED. 2. Will the pond have an outfall? What is the 15" RCP for? 3. RESPONSE: YES. OUTFACE OF POND. General note: 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. 2. At building permit application. applicant. shall submit all information again for review and f le. RESPONSE: ACKNOWLEDGED. Prior to a Building Permit: 1. Remove high-visibility crosswalks along driveways. RESPONSE: REMOVED. 2. Sight visibility triangles shall be drawn on the property lines. "there shall be no objects in the sight triangle which does not meet the City's acceptable vertical height criteria at a level behveen 30 inches above grade and eight feet above grade. (City's Community Development Code. Section 3-904). RESPONSE: REVISED. General Note(s): t) Applicant shall comply with the current Transportation Impact F'ee Ordinance and fee schedule and paid prot to a Cer<ifit;ate of Occupancy (C,O.). 2) DRC. review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal w' a Building Permit Application. RESPONSE: ACKNOWLEDGED. Sheet C2/7 -Per Section 3-91 L all on-site ov,thead utiiit, w.+:~:~ m~.ist b>. placed underground with the F ,rv,-~~i. hrt,F ~?J'f£: thsi such will be done as part of the ct+nstruction. RESPONSE: NOT REQUIRED AS EXESPiNG. 2 . Sheets 2/7 and 5/7 -The eastern driveway is 24-foot wide. Relocate the eastern edge of pavement from that presently shown at approximately four feet from the eastern property line to line up with the eastern radius of the driveway. Reconfigure sidewalk access to the residential unit doorway to provide the minimum sidewalk necessary (no more than four feet in width from north side of foundation landscape area) to the parking lot of one parking space. Revise landscape plan to include landscaping of this larger planting area. recognizing this additional area is within the visibility triangle. Provide aback-up flair of sufficient depth for the space on the north side of the building in accordance with Section 3-1402.7. I. RESPONSE: REVISED. 3 .Sheet C7/7 ("colored" elevations) - To be consistent with the north and east facades, indicate a tan area along the bottom of the west facade south of the tower to th_e_ south building line. RESPONSE: REVISED. 4 . Sheet C i /7 -Update in the bottom left corner the survey information date, since a newer survey has been submitted. RESPONSE: UPDATED. 5 .Since the property is legally described as one lot plus half of the abutting vacated alley, the following will be included as a condition of approval by the CDB: That, prior to the issuance of any permits, a Declaration of Unity of Titre be recorded in the public records; RESPONSE: ACKNOWLEDGED. 6 .Response to Comprehensive Infill Redevelopment Project criteria #5 - It has been indicated as a response "a b, e". Provide a response that details HOW this proposal is in compliance with these objectives. RESPONSE: REVISED. 7 .Revise Parcel Number to 09-29-1 ~-5530-000=0100. Page I of the application has an incorrect parcel number. Revise. RESPONSE: REVISED. 8 .Response to Comprehensive Infill Redevelopment Project criteria #2 - a Need to address HOW the proposal meets the criteria; b. Second sentence -Revise "substantial" to "substantial"; and c. Unclear of the nature of this "successful" developer, and what this has to do with the application (experience indicated on this plan is not one of "success"). RESPONSE: ACKNOWLEDGED. 9 .Application form states "see attached" for the "Description of Request", but no request is attached'to the application form. In addition to the height increase indicated below under the 12/22/08 ~ 2/27/08 comment, need to provide an overall description of the request. Following is what I have prepared for potential usage for attachment to the application (may still need to be revised to the specifics of the proposal): "Flexible Development approval to permit a mixed use (retail sales and services on the first floor and an attached dwelling on the second floor) in the Commercial (C) District with a lot area of 7,720 square feet, a lot width of 50.81 feet along N. Ft. Harrison Avenue (west) and 149.95 feet along Marshall Street (north), a front (west) setback of xx feet (to pavement), a-front (north) setback of 18 feet (to building) and 4.96 feet (to pavement), a side (east) setback of 0.4 feet (to existing building) and xx feet (to pavement), a side (south) setback of 1.3 feet (to existing building) and zero feet (to pavement), a building height of 31 feet (to top of decorative tower) and 10 spaces, as a Comprehensive Infill Redevelopment Project? under the provisions of Section 2-704.C; and a reduction to the landscape buffer along Marshall Street (north) from ] 0 to 4.96 feet (tc pavement), a reduction to the landscape buffer along the east property line from five to 0.4 feet (to existing building) and a reduction to the landscape buffer along the south property line from five to 1.3 feet (to existing building) and to zero feet (to pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G." Request needs to include a building height increase for a decorative tower from 25 feet to xx feet (see other continents about providing the height of the tower from existing grade to top of tower).Request also needs to provide a justification for such increase. RESPONSE: ACKNOWLEDGED. 10 . Response to General Applicability criteria #4 - Response needs to address HOW the project minimizes traffic congestion. Suggestion is to address the removal of the existing back-out parking and the improvements to handicap accessibility and pedestrian safety by the removal of such back-out parking. RESPONSE: ACKNOWLEDGED. I 1 . Response to General Applicability criteria # 1 - a. Unclear of the nature of this "successful" developer, and what this has to do with the application (experience indicated on this plan is not one of "success"); and b. Unclear what "C-stores" is. CONVENIENCE STORE. 12 .Sheet C4/7 -Revise for the following: a. Provide a height dimension from existing grade to top of flat roof (assumed not to be 23'-6": assumed this dimension is to the top of that portion of the oarapetl; b. Provide a height dimension from the top of the flat roof to the top of the parapets (see "a" above); and c. Ensure the correct height to top of flat roof and to the top of the decorative tower are reflected in the Site Data Table on Sheet C l %7 and in the written material. RESPONSE: PROVIDED. 13 .Sheets C2.r7 & C5/7 -Need to properly show any proposed frc;?standing/monument signage, erhich should b enordirated with proposed landscaping. RESPONSE: SHi~VdN. 14. Required sign setback is five feet from any property line. Revise. RESPONSE: REVISED. 1 ~ .Submit paint samples/swatches for the proposed exterior colors. Sheet C2/7 -Provide dimensions for the following: a. Since additional wall extensions are being added to the north (rivo locations -east and west) and the west walls of the building, show such building extensions and the new dimensions from the property lines; b_ Dimensions from Marshall Street property line to the edges of all parking lot corners (three locations); c. Dimension from the Marshall Street property line to the sidewalk to the dwelling unit (see other Planning comments); d. Dimension from the east property- line to the edge of pavement and to the sidewalk to the dwelling unit; and s e. Dimension the width of the foundation landscape area on the north side of the building. RESPONSE: PROVIDED. 16 .Sheet C1/7 -Revise the Site Data for the following: a. Proposed Usage -Revise from "apartments" to "apartment"; b. Proposed Density -Revise from "0" to "7.352 du/acre; c. Proposed Gross Floor Area and FAR -Revise Gross Floor Area from 3.36 sf to 1,768 square feet. Revise FAR from 0.45 to 0.22: d. Proposed setbacks -This is a corner lot where there are two front setbacks (north and west) and two side setbacks (south and east). Provide Proposed Setbacks for both Front setbacks (north and west) and for both Side setbacks (south and east). Include proposed setbacks to building and to pavement; e. Proposed Building Height -Make proposed height dimensions consistent with that depicted on Sheet C4/7; f. Proposed Parking Lot Interior Landscaping -None is required to be provided. Unclear why there is a square footage and % of VUA provided (especially in light of no shading on Sheet C2/7 indicating interior landscape area); and g. Parking calculations -Sheet C4/7 indicates the floor area of the first floor retail use to be 1,768 square feet. Unclear where in the parking calculation the 1,610 square feet used for retail comes f om {look at detlnition for "gross toor area"). Either revise the parking calculation or the square footage on Sheet C4/7 so they match. If 1,768 sf is correct, then nine spaces are required For the retail and insufficient parking is provided for the mixed use (1 1 required; lU provided), where a Parking Demand Str;dy would be required to be submitted justifying the reduced parking. RESPONSE: REVISED. 17 .Sheets C4/7 & C7/7 -Sheets are not coordinated as to window. door and tower addition: a. Sheet C4/7 -Proposed north facade is indicated to "remove existing door and replace with new window add new as per plans";. however- the first floor plan does not show such new window. Also. new window not shown on Sheet C7l7; b. Sheet C4/7 -Proposed west facade indicates the new tower addition to be approximately 1 /2. of the facade width, but the first and second floor plans indicate the tower addition to be approximately 3/4 of the facade width. Most likely; from a design standpoint and that indicated on the north facade, the tower addition is only about 1 /2 of the facade width; c. Sheet C4/7 - Proposed second floor plan indicates rivo windows in the center and a large window on the west side; however, Sheet C7/7 indicates three windows in the center and a small window on the west side. Which is correct?; and d. Sheets C4/7 and C7/7 -Ensure the door on the first floor and the window above the door on the second floor are located properly on the west facade consistent with the floor plan. RESPONSE: CORRECTED. 18 . Page 1 of the Application -Provide (fill in) the Legal Description {or state "see attached" and attach the legal description to the application) and the Proposed Use. RESPONSE: PROVIDED. 19 .Project Name on Application {Marshall Building) is not consistent with that indicated in the title blocks on the plans {Garden Avenue Complex). Decide on a Project Name and place on the application and in the title block on the plans. RESPONSE: CORRECTED. 20 .Response to General Applicability criteria #2 - a. Unclear of the nature of this "successful" developer, and what this has to do with the application (experience indicated on this plan is not one of "success"); b. Unclear HOW the proposed improvements will cause significant improvements in the vicinity and HOW this proposal will be a leader of investment. since there has been more recent investment in the property to the south. RESPONSE: ACKNOWLEDGED. 21 :Response to General Applicability criteria #3 - Provide a respoas? to [he criteria as to HOW this proposal will not have any adverse effects. Talk about the positive improvements relating to health and safety. RESPONSE: ACKNOWLEDGED. 22 .Response to General Applicability criteria #5 -Revise in the last sentenr..e "header" to "leader". RESPONSE: "TYPO CORRECTED. 23 .Response to Genera! Applicability criteria #6 -Response could address the ir.Zprovement to the visual aspect of this property with the proposal, with the elimination of the duplex an the corner, al-ang with the i_,:~oposed building, parking and landscaping improvements: Address hours of operation impacts. Address hew resi~4er:ti.~! unit can the second floor conforms with this crter~<< Second sentence does arot fit with this criteria (remove or rr;vi~:;e} R4~SPONSF,: ACKNOl~~LEDGEL). 24 .a. Rewrite first sentence;. as it unclear as to its meaning; b. Need to address HOW the proposed uses of retail sales and one residential unit cannot fit onto this site without deviations; c. While this is being processed as a Comprehensive Infill Redevelopment Project, need to compare the proposal to the retail sales standards for setbacks. building height and parking, especially in light of reductions to the standards (or increase for building height). in detail; and d. Need to be-more specific (expound) as to "considering the surrounding community character". RESPONSE: ACKNOWLEDGED. 25 .Page 1 of the application -Enter the Property Owner's name on the appropriate line- If the agent is the same as the Property Owner, then list such along with the appropriate mailing address. phone number(s) and email. This information is not the same as the Agent information. Revise- RESPONSE: REVISED. 26 .Response to Comprehensive Infil~ Redevelopment Project criteria #6 - It has been indicated as a response "a b, c". Provide a response that details HOW this proposal is in compliance with these objectives. RESPONSE: PROVIDED. 27 .Unclear if the recorded Access, Egress and Usage Agreement -Waste Dumpster is acceptable to the Solid Waste Department. It was recorded in January 2009. RESPONSE: ACKNOWLEDGED. 28 .Potential condition of approval to be included in the Staff Report: ""that the applicant apply for City building permits for a8er-the-tact interior renovations, building additions and site improvements by xx, 2009 (three months from CDB date). 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;" RESPONSE: ACKNOWLEDGED. 29 .Potential condition of approval to be included in the Staff Report: That the final design of the building be consistent with the conceptual elevations submitted. or as modified by the CDB;" RESPONSE: ACKNOWLEDGED. 30 .Potential condition of approval to be included in the Staff Report: "`That the site be limited to one monurnent 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;" RESPONSE: ACKNOWLEDGED. LVe hope that above responses are satisfactory. Should you still have any question. please call me on 727-~20-4"796. ~''4?anking vou. You Sincerely, ~~ Dr. Ram A. Goel Soney FM LLC LEGAL DESCRIPTION PARCEL 1: LOT 10 OF E.A. MHRSHALL'S SUBOMSION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK ], PAGE 1], OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY. ROPIDA OF WHICH PINELLAS COUNTY WAS FORMERLY A PART. AND THE NORTH 50.15 FT OF THE WEST 5 Ff. OF A CE VAGTEO 10 FOOT ALLEY RUNNING ALONG THE EAST LINE OF LOT 10 OF E.A. YURSHALL'S SUBOMSION, ACCORDING TO MAP OR PUT THEREOF AS RECORDED IN PlA BOON J, PACE 1] OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, OF WHICH PINELUS COUNTY WAS FORMERLY A PART. FLOOD ZONE INFORMATION THE ABOVE DESCRIBED PROPERtt APPEARS TO UE WITHIN FLOOD ZONE C PER fL000 INSURANCE RATE MAP 135098 0008 0 YAP REVISED: 08/19/91 9URVEY INFORMATION PROVIDED RT A SIGNED t SEALED SURVEY BY: DATED L OB/1J/OB P8369 SECTION , 79WNSHIP S, RANGFZ9 E 15 CITY OF CLEARWATER PINELLAS COUNTY, FLORIDA SITE DATA EXISTING (E) PROPOSED (P) REQUErED rrsnax TTVAAmr xarAaraROrmvrra ~mLZ•mrzT 3D]ARaA , . R, . APR 9A. ~A~,ArA~T. eLmnwocnTaRACx~ rsF.:«DPORDSS _ rWras9AwDeAWaA N•s,~ ,<A,L: „>s~. R„ T~aAG~9 PRDNi': - :r : ~s .R ASP aTnO tffiTOHf: trv PAVSDVII-CULAR U3BAWeA: (vu l i,fBJ AP. - W SUAFA6AAZID: rtsx~~ f,~ar. 9 ~,~~.~ (SJ? t N DFGRDBS.SiT6', AKMSp. A~9~F. PARA>»G~D]D~R3DR„D~GAAD~ n,pFY.DA, PA.P.®W'C'A(L!1(A]SONS: ACBB RxpT]mrT+n RrmrA'.T3oWro9 rxOVmwOr LEGEND EK ISf. ELEVATION .. IXISf. CONTOUR ....-..---.. ~_...... I EW Et£VATION +10.00 NEw coNTDUR -----to---_ ! OflSf. STORM SEWER ._. .._ .... _ NEW STORM SEWER ~~~~~~~ NEw ueDERDRAIN ~ ....................~.~ IXISf. SM'. SEWER .. - .~ - -. NEW SMI. SEWER •~~~~~~~~~~~~~. IXIS<. WATER SETMCE -- NEW WATER SEIMCE ~•••••••••••••••~ NEW INLET NEW SAN. MANHOLE NEW CLEAN-OUT(C.O.) .... C.O. ~i~i~~. NEW BUILDING AREA -I NEW ASPHALT , NEW CONCRETE TEMP. SILT BPARIER V"~N\MN POINT OF CONNECTION OF NEW UrILR1' TO EKIST. METER B.F.P.D. BACKROW PREVENPON DEVICE F.NA FlRE HYORAM ASSEMBLY .D.C. f1RE OEPARTMENi CONNECTION T.B.O. TEMPORMY BLOW-OFF T.tV. TAP ANO VALVE INDEX OF SHEETS C ll7 CP/IL SITE DATA C 2/7 SITE PLAN C 3/7 DEMOLITION PLAN C 4l'1 ELEVATIONS C 5/7 LANDSCAiE PLAN C 6fl LANDSCAPE DETAILS c ~n col:oR ELEVATIONS LD ~ m ~ r H N J~U~~N ~rw P'~ O~ N Lirn~ ~m r ~ ~ (1 ~ 7 wm~ N~ Z Q r~~ Q Q =Q r ~ ~(1 DI.WRe.n aex eewWa b: NG 4EUt Da19: eN1 Vp1 Rwislons: D.L. D..eN ue~ ~ 1 Z1 10 COMMENTS / / ^ DEeXiNIDEVELOPMENi 0 PERMRIING 8 BIDDING ^ o>wEnnNTMNBmIMe9r9 O N J V W J d V W Z ~ a W F O Q J LL J ~ Q W 2 •- 0 ~ 6 d, ~ ~ a LV3 c~ ~ c ~n Dr. Ram A. Goel, P.E. # 47431 16° RCP EROM CONTROL STRUCTURE AT EL 29.75' TO EXISPNG STORMWATER MANHOLE AT EL 29.0' 70.4' X20' SIGHT - _~ - 1Blurr ANGLE R R O W / ~~ - _ h -- ~ . . . ~~ J ,~~ W ~ W wo lll~~~ / Monument 6' High Sign ~O ~ 4 0 ~ /re / q ~ ~ O ~ h ~ 3 ,~ a • 27 I a°O' . ~X Mo 2 , Q 3Q ~ .b h~~ Q4~ ~ iBg h ~ .o~ 0 O ~ TA 4~ I , C r ~ 1 / l % 2' MA ALL - _ Ig, 43' 26.4' 6' CURB r NOTE: CONCERNING NEW CURBS: Q M0N 1Prvn0 mnc i~ 3 NEW S/W FULL LENGTH CURB TO MEE T CITY a 2V~ ANO STATE AND FDOT GUIDELINES ~ ~ ~MM~ ~r~ n ac. r~N~s~ I~KCI' O' CONTRACTOR 00/NG THIS WORK TO t' SUBMIT PLANS AND BE APPROVED BY -i=t o s.rF eawo ~o C17Y PLANS EXAMINER AND ENGINEER PRIOR TO FABRICATION. " "~ I f/RE HYDRANT /4 (EX/STING) PE TO IXIS7/NG 6' WATER LINE _ ~ ~ ~' q ]~.sxD.A~cx ~ , a - Z - - ~~-~_ _ ~ ~ ~~ '-_ _ ~ ~ _ ,'~ ~ 109'.53 ~~ _____ BO1rtM OF SKIIMFR R2.B' -~ ~ aBAPwc acALe D 0 S 2a _~-y~r laa~rt~ ,r-.,. _ E _".-_ ~ "'1~ ~ NEW 6 "-EX 6_G45 `~ ". ~ _ ~ MODIFIED TYPE ,.D. C N TROL STRUCTURE E ` _ _ ~--______ 0 E[ECT PO -~_~_ ~~~ s X 6 AA~ S[WER ~ _ ~ _ ~ -aw .$A~! _' _ - ~_ 4.63; R t0 ti 24. - 5 R ~ . ~g5 --j __ ~ ~ ~ s ~~/~'"G srD ---~ RM RS - - __ '---___ -' - _ _~ __ L S?R 49 17g7p 0g 0 W _ _ E M1~ ' 5.8~'A' ~ 111 749.95' Ls, N 0 =S/OEµ (F) ~ _ 9 ~ _ - ~ ~ _ -~_ ~ A g~ . A[K SPy ___ ~ 5 20'X20' Q ~ 1 7 ~ ECT P~E•~ ~ ~ .3 SIBIUTY ~~ _ y9' p 4' C,~C tr _ 1 WA[ ~~ A.. .. _ 7Z4 7 ~ ~.~ 0 2 Q J-I __.I _ K 6" PVC PIPE 8• ~ 9 ® 0.2~ SLOPE -} ~ r NEW H.C. S~IG~~.. 0q D S 7 ' 4~ 76 970'73" E 75~ p2' (F) 9 ___ 61.01' ,,pp ASSUMED BASE ELFV- VARIES---~--.___ ~ 96.34 ~__ s~i~ ~ ' 50-YEAR EVENT RETENTION POND ~. 3.0 BOTTOM 15.0' X 2.0' O EL 26.75' TOP 39.0' X 14.0' O EL 29.75' 2• - RETAINING WALL RETENTION POND CROSS SECTION N.r.4. 12" F1P - 25 1-1 /2'R BLUE 1/2' WIDE aACKCROUND WHITE BORDER AND SYMBOL SIGN SPECIFICATIONS PARKING BY 1. 10'x12' LDGO SIGN WHIfE BACKGROUND DISABLED 2. 2 SIGN COMBIN4110N 1~ SEAIEB ~C' REFLECTNE SHEEPNG PERMIT LETTrRS ] LErtrRS To BE ONLY 1/ K ' " ' „_ ~,, ~p~ 1 HIGH SERI6 C 1.5' 4. SIGN TO BE AVDE OF 'rx M ~~Y 6 wRF ~iR~ m wl nra~ ~ [KUfrn ~ "Y',b:,`L an ~ na9~m NHITE p A2$5 FINE 1' ALUMINUM 1• . . . BACKGNODND ° 5. POST TO BE MADE OF F.S. 318.18 1' cALV,wueD sreE1 1s' 1sEE DEraL) ]" 6" 3 8. SICNACE PFR 0.0A Dr. Ram A. Goal, P.E. # 47431 ETP - ss RrouIREMENTS °0RU oswn°f w116Em ,H"i'aai c eXOfwurm°su"s.~i HANDICAP PARKING SIGN DETAIL 1 N.i.S. __ " '0 EXT. NfW WALL ~ tee' ~~ ~ 3.1x19.3' 4 o EX/S71NG 7Wp STORY M MAS. BUkDING ff503 ist. RETAIL FL.=1,610 SF. D.5 ~O6 2nd. APT. FL.=7,768 S. F. 80T70M FlNISH BOOR X -' ~ EL£V.- 31.07' y09 ~-.~~ 58.76. H.C. RAMP TO 8E '-- 15.90' ~ - - FLUSHED WITH PAVLr~fENT PER F. D.0.7. INDEX 304. 1.92' 60.68' __..~.w..e".-._ ~~ N' ~.. ~ % ,t I ~ A', f FLUSH CURB F // CURB N.T . i pS"~:tu 4B. 1' TRUNCATED DOME PER F. D.O. T. INDEX 304 SONEY FM LLC EB # 9746 16306 DOUNE CT. TAMPA, FL 33647 PH: (727 420-4796 FAX: (81 )972-2846 IMPORTANT !OB NOTES / REFERENCES 1. Share dumpster on the adjacent Property (also owned by the applicant) through appropriate agreements with the city. Dumpster enclosure shell ba upgraded to city specifications indez 701 (wooden). 2. Traffic impact fees to be determined cad paid prior to C.O. 9. All outdoor 1' hting fixtures shall be solely on Lhe buHding. 4. Sign moat include the address of the building. 5. All apppplicable building permits will be obtained for all work performed and receive all final inspections prior to the iesuaace of a C.O. 8. The usage o[ the second floor will be limited to apartments. 7. All asphalt on site except perimeter _ eidewslke to be removed. B. Elevator ie not required as per _ pL buildin4 code section I1-4.1.3 exception (I). B. 9ldewalke and sidewalk ramps per City oI Clearwater Index /IOB, A.D.A. Trmcated domes per D.O.T. Inds: /904 an construction plena. 10. Dse standard pro-ppainted diesbled parking sign oa 1/B thick sheet aluminum. mount to 2: HD Gels. std. wt. steel pipe. mount in B°X 2~-B` concrete meas. Finish top of mesa level with Blight reieed wash approximatley t/2° above level of Turf/Sad. 11. Standard handicaped parking stall and aiga details to conform to art 9, div 14, sec 9-1400, page 9-B1-2 of the city of Clearwater land development regulation. 12. All eignage (include handicapped) to obtained to upgrade parking on the meet city requirements per indez 119 Handicap ramp from stall to sidewalk to meet city requvemente per index ]OB. stall painting to meet city requirements. 13. All utiHtiee ere existing at the building so ao new construction is required. ~~ ~ /~ / Q~ jtO e 'J ,>~~' b // ,~ ~~' / EXE Ca &9 "~ REMOVE / EX CONC. ~~i ~_~s~-' EX. TREES REMOVE 3 a~a EX. CONC. CURB ~~° _`--~a° ~--~'~.-~__ a?" 8 WALK L- ---- -'-- s"a `~~-~ "~ - REMOVE EX. CONCRETE PARKING ;EMOVE ~ 2a o°_ '-~'--+I6 _-_ __-__ _ ~''_-_ 9y -~_ 4 ; ' A nn 7C. TREES -----_ tia __s' co -_-_ - _ --`---_---____~& _ ~ ~ t~C (~1T'y~r, ate' C1 ~ 1~ oaK ~" _, NO NfA K j ---_ - J ~ ~ ay5 ~ ~ ~7 )F~~~_ l7 r Y1`\ L . V~ ~~ i 3°' '----X 0~7 N x_870 ~9~ j 9y 991283 ASPyq~T'~_ ~_ ~ 1r ~* L I_ I ~1 I L L 13~ AK l I .. •. .~ `9'9'5_ F 1 '~ ~ L IQAI~ 49 Fgg~~--~ ~~ I -- / MOVE £X:ti9: a _ - 1 ; r 4 covo a l ~, - ~A73DH!{2`Y, - I ~_'_ _ f ~R!f, . WA~-1~ - • - _ 30' ~ PP WACK ~~ 12 OAK L ~. ~~ ~ ~ I. ;_ I i ~~ ~' I ~I-L ~- ~,~~ ~ ~ s I3' OAK ALL ~~I- G '. 1_1- r V ~i~lGfl1.J0- ~ L.-.- ~02 ~ 0 REMA/NAL t_ L I ~`I, l£/NASFI`{tOOR t_ L .`l SEX STI ~L'.£dEl'~ 33.'21` ~~~ SIC.. ' .~ Ek ~odc.: ~ / { .PLANTERS• . 'X 26.44' ~ REMOVE-' a y ~s2o`3`).- ~r EX. BUILDING 9 ~ 3° £ IS?o2;'(f- e 3p SILT FENCE- ~ REMOVE -' EX. TREES EXISTING TREES TO BE REMOVED (T) u}rr o~,. (sJ-rY cwr j; (1}f6' PALV }'{ (rJ-rr aK x, LEGEND ;(= EX. TREES TO BE REMOVED ~~~ = EX. BUILDING TO BE REMOVED = EX. CONC. TO BE REMOVED ,mac w..~c s µ w~wE a vma .o sw. mw ,_ ~rc « rxc wma cn~r 6 nc ~~ ~rt m"ru"'~ 'n'°" Dr. Ram A. Goel, P.E. # 47431 camas ar ,x~ nws uc wr wuo ufuss ~ .nx ,NC zwm wo.mrs srK ~ E '~--ADDl770N ~71` ~ 3"x19'-57 S.F. t o EXISTING 7W0 STORY I O MAS. BUlLD/NG 70 REMAIN j h 503 ~ j l~ BOTTOM F/NlSN FLOOR ~~ ELEV= 31.07" r 1 3~? m 3p? O 2 DEMOLITION SITE PLAN ~~P ~~~ s a 5 a EXISTING PLAN -58.9 1ST FLOOR RETAIL 1,610 sf FDYER v FACADE App1pN v EW SY11n1Ellc e' w0 ro Enrnxc iACnof Aomnw 1ST F100R PLAN au wii w/ ~eo~Ge• scut: tro• - r-a• cANnE~En aF raxm PROPOSED PLAN REwOK EN511NG WMCnWe ANO REPLACE Mnl NEM ~ wuoows - Aoo Nfw snxco ANO vux) oAER P~' PuNS of µAmc room ovE]+ wm a EW wD CdlG1PUCnGN pMENnUNAL 1RE5-) ~ Y °~i l ~ m gn ___ w i wo wmArcE cANOP ^ S wo wrxuNCs b I BUILgNC ~F '~. SIGANA(£ i ~REPPRGANO RwANI~ _ s>mo aooR e ~ µEUONE Ewrnxc oooR ~ SOLLRTH FACADE io eE REUO~co e o RfhnfE Wtrx xfw t/e. - '-o• REpLA® - AOD Nm AS MNDDW ACO NEN AS FER PER BANS PL'WS NEW EYN'REnC e' MO FACADE WgnIXl FTTACNFD~NnE>eSnNG CNU WALL W/ ABCKCe' °"' w~ 2nd FLOOR PLAN cAxmE~ER °F ro"ER scut: t/a• _ t'-o• NEW eYN1NElic B' NO A)fACHEO ro EfeenNG cxo WALL w/ Aeon e• cANmEV n of TGwER . ~_~`ofcoµAmE ronER o~cR m a i RwoAC Enrnxc wxoows ANO RFSUCE wtw ul NSW WpIpUWS - A1W HEW A Fm vLANs ~ ~s~n wTM ^oows NEw rnNOOws - Am NEw S PER 0.AN5 --FX / REPAniR~AND xEPA NiUE A REPNRe 0 REPAMI~ - FF fL 3t.o E.G. EL. JO.G WEST FACADE SOUTH FACADE scut: Ve• = r-o• sw~c t/e• - i -o ~vu~R nxo ~vAm~ _ EAST FACADE SCALE: t/9' ~ 1-e PROPOSED BUILDING ,~ o~ w «, E~fROn of s~ No W.. RPWA.~ ,K a<,NE Dr. Ram A. Goel, P.E. # 47431 SONEY FM LLC EB # 9746 16306 DOUNE CT. TAMPA, FL 33647 PH: (727 420-4796 FAX: (81 )972-2846 Ap ACHm m cuuTwAOu fF 0. ]t.0) f.G. d. JO.G ~// ~~ I ~O /926 ~v~ ~R // ~ CY [~, o' ~e 1~~99 / 2 M r 3e v ~~. o W L _.y~ ~ --- -_ - , _ _ V2 _- FX/S6T ELECT ~~~5 IG 78 - ~ ____~~~__ SC 'OO[E '~' . M VS -- 4.63; 6- ) 3 _ __ ~ . _ VS ---____ ~ - ~ _ 1S X95 ~c~;'-\~ - ~ /ry~~ T -'~-_ __ ~ ~ _ . ~ _'i. l J A--~ ~a ~r s rcr:.rs.~x asaa: F N~9mN M ~~ Ix Nn N'~ 11Wf Ewn[N CgHN! ai 7Mf ~ WnMUI~ EIW. Mn MIDEA Dr. Kam A. Goel, P.E. it 4743 ] ~,~~~~~ PLANT MATERIAL SCHEDULE mea corax xR[ _ __. _ __ - _ ® i ~,~~„,~ e ~.~ _ TE.~~.x M __ w:.iyi m ax ....ro >-~R nc .n ~...~. ~.~ ...E ,~._. w.. a• .~.~ a . M. a .r PExeIEfER REOUIREIIellli xoem 149.95' a 05 (t.2) { iRE6 REOUIRm 10' LWOSCMIE BUFV'ER REOIVRED 9OUIx 1{9.95' - ]5 = (A2) t TREES REpUAtm 5' IAVOSCMK BUEfEA REOIURm ER9T 50.91• - 35 = (1.45) 1 TREE REQUIRED s' vaoscwnF euE~R REDw9m wear so.e1' + s5 = (1.u) 1 TREE RmulRm 10' URDSCMK BURFA REOIURm PMgIq LOT <{,000 S.F. NO LWDSCME REpURm l.1 NEr AL NU L I cc o N E. r ME' uN o ". o Au o. E RN To ESi 5 D D DE C J EV E N.. cA x u s cc UHO .. ' m ovE uP ¢ E ..HOE o D Mtn ' F ' ,N+Es PEO IGA 0 5 U E ORE. R. PO 5 CETY'. 3 S4FEtt DUE GRE ND O E0. BE PP UEO 0 PREVENT DAM GEC 5 5 CrET s STRU., ES, .K.. ON .R ABGUi THE GU NG RSE C' IE WC 0 ERS TERE is. T E O R C 0. s ALL 0' FERFORM ANT N : T C S O L DG OPiN ON -0 RY TO THE BEST NTE S O iH_ O CR 5. CLEA UP: Ai i~C 4JMPLETUN OF WORK. A,LL D"DRS AND HAS'[ SMI_ DE :.LEANED LP e CVED FRO E .E o H cRx nnt_ ~ co Ra„ c C .aD FVAT] N ERE. O DFBP S. _Or4 i I. TF eN WEEOs~ I'r_~HNICAL NOELS: R DF FU S P AHIS BE ~ ER `CRApFS A!. t nDHRD~ FCR NLRSEPV 5 UC. R ORr UE OF ADRCI LR RE . U11 U RC E RD '. z c ' E r.. eL EIO E o cPrnv.' I ER o ow RGL ED D F R.zED ~ H uND E ro DRE sED 3 +Ta OF .,RACE MUIC l P BED. D RD D E B FORE P wfE ' DAR ICW D 7 VwC MH CFA ~A R'NtS O4 5 EM_- nN 1531 .NEE HAP 4C T 5. 3L C 4L B CSTRIK CO E OUS OL Nf S . E sET P uuB A snME ., L uE wEe' PowN, sES s r ~pcrc P E ANp iHOROUG '.Y ATERED IN 10 c M NA•E ANY OCKETS O. A..R. Fs- R ~HAL BE sMT R _TO A f I' DE is sna:i ° E u.' o WnHiu.~ELn. MNNrENpucE urenANCE sHA,L eE m RE~POV, BLm ~~ r{E coNTRAaoP U NEF ACL EFTNJCE. '. UN. q,;ANi'IESL SnCWN 0 ~ NPi_ftVJ.s LsT U TES r0 OC USE FO INS ALIA I LAND ALTERAT,Orv AND C s ' c NA I T HEMO.h. VEGE 1 e ft .OL DUEPOSRS DE-RS SOIVEN ., ..ONSTRVCTION MATC A iINERY REMAN ON t C SEE UNLESS O IERW ~E ..PVROhD BY EiE ~uFfiY ]F 4 Y- L- al15 T vEF-LI2E0 0 tAt G6. . B C/EILL M x. x O' LAG 0 AME -D LN5 45 '~R SiuJCARD TRACE P*A...T,.E FoP LocAL sQ oNDTCN~. 12. ',NS'ALUTION'. TRCES AND sHRU89 - ENCA\'A~ ?! WRH `hRTICAI SIDES ExcAV' o L. Ras ~4T cErv~R ro 4sssT pRA =r,E Ex viE J~Paax Mnmv i z MMES rs wpE ° BALL DAME-ER <vD n OEt EN '~ A.LO P1AC N~L OF RJUi 3AL V ~t i Nc; T ~OOSENNHARO SUBGOi N OFAEZCPVAL'ON. YS SOIL L L R41s sHaues Puiue Ann '~N ovRw in - Ee AeovE no~AC_Nr EINISH cRPDES. nucE a sEmlvc LAYER of cornFpcrED BAC%aLL R Bn F o H Ls , D vE pc o Rnvo ero Min. ORF OC EPA C ED F DPFRA ION. PU.E BA_KFI.1 AROU D B lA _ G t0 E ' E BA 11 rv4TF VCrps AhO AIR P CHEiS.L:E1 A OF B4~K. ; M 'JNC AROUNC rHE RM EF -HE rr~DO Nom. covER Tor of aoorGOni ~vlTHnencKF.L. !Fh'. ANON NCf S ( C;I'IINU-U) FO D ODO D A'D W ..EMC` ~ .EELS TC AJOJ xcE,.,rvr B,rAa~r R AuroiAO.,E_E erJD Foa Trzurr,. 5. W CR ROADC ON RE W TE 0 RCC RR C 'L .OR USE DY RP ED wEE ~ ~ DE l.. IOC~E A (. LON PFOV.. C. AC.. SS Fitt _E LN 0 0.U JMATC R. Th s TE~ E TO ''PO 'OE s 0 ~S ND B US A E 0' C D W T L VE i 1£ 0 .RAC 0 LL -CRD ~E CES M iHC RRG CONTRA C 0 N LIRE THpT ALL REOVI,TE., LCCV NG NSTF SD P h G DE NG AND 0. Ou E C ' B '.E 'ED 0.'E Oi BLE WATER HA B' :N FLL COMFLI CBW LSBCC. ETANDAIL. LUMB NG O,E cHAPiER ~6 REFEREN„E PAINTN~ OF PPE oR ~ IABLL n,. OF EA„H \tu.\L ANL/UH OJiLE. '.9. CTT/COUNtt A N v NO" BETUSED FOR !RN. GAIIJN WHERE ..'nER sD~.F,E5 ARE REACILY AVAIUBLnA ~I C- A_i. 'R IGAiIf,N $YSRM' _ FUELIC POTMIE WA'FR S PPL sr-Eei ~- NCWDE A RF.VEN .THE SERV LF ,U i 11_ ANT E V'LUS sU k LH 5 0' 1KS ANL PANED 4NE15. Av UP.rv TR= & SHRUB LANTT DETA'S r^RM 0. F SE ~ R. Bc. N U OH B . P ~ ES AHE '- D R4DABLE '. EA CKD NC .DES DO N E LE ' 1E A250R I4 E BAS :ARE BEL N FO 0~ NTH BAl l D NE EP FEN _vl _ ..AGH BASKCT ..i L DE REMOVED 4T RIC '..ME OE ., L.A.TtON~T 1. U -'. L RE G OWING sCAS ALSO RE FlC%IOLC Y- C'TS B. USEU r HEV N CAM6 ALEUnMnc.E. vU."D 'SEE l :. ,_ EA1_ tJ q~ t SHRUB PLANTING DETAIL N.F.S. ,.~.WP Wu~ m ~ ,~~~~/~/ 4 ,i W.... y ~V ,~ , :`..,,,y,.. Fr, TYPICAL STAKING FOR PALMS N.T.S. THE P>r ~H1RU3 PLAf~iTl`IG DETAILS ~,o~ N, ~.e ~~. T k'~~-~ ~ , .,. m a ~ ,w w.~ Rca., ro 1.~,. / c~~"gym N., ~I~ ~.~ /~-~....5 ~~ ~. ~.~ ton ~..A -~-_- ~ /. Fn+w+. ~~... ~..~•. emue i _u m Far r..r .a uIn) TREE STAKING & PLANTING DETAIL N.T.S. iRRIGATIOR NGT"c S: 1. IH LON53RUCF10.N FO SHt'J y1' THE U aN0/OR IRRGPT ON cON'FACiOR. IRRIGATgN S`5lEM CN NSTRUCTION sHPLL BE IN A.^,CORDANCE WfiH 'liC APPUGBLE SPCL'FICATIGJG, rONTRACTDR TO COCRDINATC vSEM WITH ie'c C'WNEP, 4. ALL APPUUBLE IGAPON 6 GOVFRNMENiF AtR1TIiORRiFS, PRIOR TO CONSTRUCTION. .". IRRIGATION sYSTEMS SNAIL UTILIZE LOW VOLUME OESIGn SUCH AS LO'N TR0.IECTOP~ HEACS OR SOAKER HOSES iC P ONDE DIRECT APPL ATION AND LOW E`JAPaRAT1aN AVD MUST HAVE A RA',N SENSORRDEVICE OR sWIiSH WH~Cii WILL OVCRRDE THE RRIGP.PON CY SPRINKLER SYSTEM W' A:;ECUATE R OCCURRED. WATER SIPP_T SH LL BE PIPED iC EACH INOMDUAt. PUNTER AisLAND, FLINTS-D VEGETAnoN ,WU BEM N 5u rEET F0 HOSE BBe. a CPFN S11RFA - aTE~ PODIFS. OP. RCCUIMEp WATER ~5141LL BE USEDH(UNl£SW UNAV4IUBLC) AS A s0uRCC CF IFRIGA.~ON WATER. H L PE T4F CDNTRAC.TOP./IRRIGAt10N ~ RC NiRACT^RS PESPONSIBItl1Y if 3 rt5 Al I ENSURE THAT AL LANDSGPED AREAS SHP.LL B ~PROVIpED WI.', AN IRRIGATION SYSTEM THAT U-PL S rW PERCENT MINIMJM CO+ERAGE i0 ALL REQUIRED LM'DBCAPINC PUNT E V.ATER'AL. TI{r '~.RRICATION sTSTA1 MA" CC pSIST Oi AN C OR UNDERGROUND SYSTEM. RtP SYGTFM, QUICK ]U LING VALVES, OR iIOSCMBI(iBS WITHIN SG FECi OF ALL REQUIRED UNDSCPPINGLPU\'i MATE:IAL A LCW VME !RRIGATIOn' SYSTEM sM0UL0 BE U WHEREVER ~OSS:BLE. v0 IRRIGAT9rv Lo'ES SNAIL RUN THP.CUGH THE PROiiCTNF. P.ADI~LS OF ANY TREES UNI ESS RaOT '. VROr_CTION MEASURES AHE TAKEN. ,>6 onM.ic a Fw ,iiwA.T a smnE wm sru uMw niE ww.>aiv rc ,K piy~ Mo swi xm aF . wesm aR lino M uJ'i wr +mwi M MPot1FN CpH«i OF ,1E EMMfQ. G9 WR~Hi fU,M1 ROf R9GEU. Dr. Ram A. Goel, P.E. # 47431 `E;'eus:m"wm m~ < uNOfiarc'N1Dm's sin rEe ~ ..LOP fo u s A_ (NUN nC'iFUJ ANU A NCHES 'rt pEk TH LAMETER CF sHALL BN N~iA. ED sv '. n "E roP o f Pcc, s a' rtH - E u c E~ '. T E P '. . 0 LD BE ' ~ LED ~ E ' M DC 0 I C CO NBC ?. pl C OF MLST AL50 BE P O.~ER ,~F. ~E t -E SERFAGE or u_H ~uiJiNC ricLE. - PPr.T. ~nrcnoN MULCH SHOUW^ eE Pu.LEI PCx A FEW N_H[s FPOM ATHE BAS F _4C. ,DEF.. IF Ou STE s kE 5 NLL O NECCSBA.RV J~FE PUNT NGUMU:,T NC'LOE '~~OL ANTUPC L UA `E TH CO s'.~TCfli E RCb' D E U MENT IOF PRO-OBE.. -1pti MATERI. L. ;. PUNTCRS AOJACEM 77 OR W iU'.N V. 3I',C..~UN USE Aft A; MUST eE _olvsrRLCrED s uMEaa . ccN~REi OtH~F 095TRUCTO'-. J' EttE D 0~ TNF s{,FFAGE M { N'. s/TARy04'0 _NCO REE PFAnCHE.. 5 NOi R CU nM_Y_E.F s Av' rHE vTER.A onx soc 7- of APBOR cup L A . P T D G UN '0 L E, CE ~ rR ~ ,I x JDBN wTe+N Ti~f r.. r owirva .E ,- J NHR TN Mo'r n4RDW00J5 J) ~ -N TREF~ Can \ W~ 5 Ur ~ ~I \ r .~ ~^. ) lj I I ~-~i J J~~ wm~a.n m,. o weea .n W-'W e.. Da smx ~_-. - _ DRPWE 4x2'5]' 1 ~ es I ...FULL P a tnA< I FULL JRIPLN WCDD FENCE ' PROTECTIVE BARRIER DETAIL N.T.S. _. n n.- TkF-L SHF~E~raJt_ 7t~AL~! REQUiREC TREE BA3RiCAG'_ ANG EROSipN COVTR~L ~u EASURE~ VAST Rr_~~nAhu INTrCT ')'.~~ ~ ~OM1 ~ 'CTION LNT ~OACI 141LN INTO J' ~41LUR_ iJ MAINTAIN TII.SC a BARRIOADFS LNII C RESL1tT 11 _ NFOROFMFNT i'.CTII'T J `NHI~H MAti NC LODE (;TATIO N,S AN~.Y 1~ F'C'~EA'I RL~J~CATn N. "REE BARRICADE NOTES -. eAaRiRS ARE TO 9E ERECrD THIS MI1S BE DONE 9EFORE C 2RiETS A REMnIN IN PL4C AL A ING A .A.S, RUCi GN RF p IVC qnD HFAW EO:iIPMENT [S OUi OF' iHF pREgN IRE,.,, a" DEfI Anp GRUTEP P kE LOCAiE6 N'ITHtN TEN FEET OF THC LOT UNDER CONSTRUCPON sHAI_T BE PROTECTED 9v A B4RR,CAJE. PLACE NO HEAW EQUI'MENi INSIDE THE BARRIER, ONLY HAND LIBOR 5. PUCE ,YO CON?RUCTION MA _RUL OP. 501_ DEPOSrtS NNEIDE 9PRRIER AFFA SATE B- ~IARUWJ00~ iULL DR PL YE OR 5Y x- GII_VCP S GREAT[?- . MFTHCDS OF ERECTION (SEE pIAGR~M). =_Mi OF UPP.IG 1; 4' AND IJ~ IF_i5 THAN 2' z2" WMBER_ OULD H HORIZOVipL RiBBCrvrN_ A. .HE TOP _ DHBE OSPACEO AT N 4t5. O UDR, I D. HOHIZOMALHMEMBERS CF ND LESS THAN x 1 LUMBE2~ SONEY FM LLC EB # 9746 16306 DOUNE CT. TAMPA, FI_ 33647 PH: (727 420-4796 FAX: (81 )972-2846 WEST FACADE SCALE: 1~4" _ '-0'~ u SOUTH FACADE EAST FACADE SCALE: 1 ~4" 1' G" SCA~_-: 1 ~4° = 1'-0., LEGAL DESCRIPTION PARCEL 1: 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 THE NORTH 50.15 FT. OF THE WEST 5 FT. OF A CERTAIN VACATED 10 FOOT ALLEY RUNNING ALONG THE EAST LINE OF LOT 10 OF E.A. MARSHALL'S SUBDIVISION, ACCORDING TO 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. ~. E A REEMENT ~ ~.5~ ~ ~ O ~ ~ S~ P r ACrESS EGRESS AND T SAG -~ contract made this~2}day of ~qh 200q by 1504 Garden, INC., a Florida 1 Street, 1535A, &.B N. Fort Harrison, and 1504 N Corporation, the owner of 503 Marshal Florida, hereinafter•.referred to as " Garden Ave., Clearwater, Pinelas County, Owner/grantor" and "User/grantee": is to User/grantee access, egress and usage of Waste The Owner/grantor gran darn ster on the property located at 1504 N. Garden Ave., Clearwater, Pinellas ounty, P Florida, More legally described as: LEGAL DESCRIPTION: PARCEL 1: L'S SUBDMSION, TOGETHER LOTS 5, 6, AND 7 OF E.A. MARS~- WITH THE EASTERLY 5 FEET OF THE 6LAI~D 7OA000RDING T MAP OR IIviMEDIATELy WEST OF SAID LOTS 5, , PLAT RECORDED IN PLAT BOOK 7, PAGE 17 OF P~LLASL C UN"rY W ASOF HIIrLSBOROUGH COUNTY, FLORIDA, OF WICH FORMERLY A PART: LESS AND EXCEPT THAT pOF WOAY OF GARDENS 5, 6, AND 7, LYING EASTERLY OF THE WEST RIGHT AVENUE. TOGTHER WITH T~ FOLLOWING> COMIv1ENCE AT 'THE IN1 ERSECTION OF NORTH BO~~Y OF L D BOOK K, PAGE 4t7J1B, OF THE ~j ~ ,-r.r,n r~~Tl nrt FF.RRi1ARY 4, 1884, IN DEE ^r ~tn~cr AJ RLi~Vl`LLL va. _ `. tJI' vr1V11 PUBLIC RECORDS OF ~-FORMERLY A PART; WITH THE WEST RIGHT-OF- THENCE `piNELLAS COUNTY WAS WAY LINE OF GARDEN AVE OF BETAIRINGS IS ~ UMED SONG TT-IE NORTH 81' 14'34" WEST, (BASIS NORTH BOUNDARY OF SAID LOT 3, A DISTANCE OF 72.69 FEET; THENCE SOUTH 06.04'06" WEST, ALONG THE ~UT~~Y~~G ~I~T OF LOTS 5, 6, CENTERLINE OF A VACATED 10 FOO E A, MARSHALL'S SUBDMSION, AS AND 7 AND EAST OF LOTS 8, 9, AND 10, RECORDED IN PLAT BOOK 7; POAG~E I7OOF ~ pI~NELL~ COOU~N~STY WAS HII,LSBOROUGH COUNTY, FL ~ FORMERLY A PART; 15.02 FEET; 'THENCE SOUTH 81"14'34" EAST, 15.00 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH BOUNDARY OF SAID LOT 3, A DISTANCE OF 70.62 FEET; THENCE NORAT~I3NUE,' 15"06 FEET TONTHE OINT WEST RIGHT'-OF-WAY LINE OF GARDEN OF BEGINNING. o~Z~m ~~'~mZ ~ ~~~W r t9o, noN~ 0 cDi~o~m ~~~cn ~A~Zm crnioo~c~ ~'oNrO v_~?~o~+ Z~N~~ ~o~~C ~~~ -~ 0o cn o c"o.~ ~ N dRIGIN/4L RECD ~u;~~ 1 ~ 2009 PL.f~NNlNG 1504 GARDEN, INC. ~_ ,. ,~ President Owner/grantor and User/grantee, COUNTY OF PINELLAS STATE OF FLORIDA / - Z~-o~' J ~~! 2vuy ~ i' \~ ~l~'/'`~`~ /~ ~, ;~. *; Ia1Y COMMISSION # DD 743262 ~,j~p= EXPIRES: December 19, 2011 ~~;;~.•• 9onded Thru Notary Pubec lkManwita~a C~~i1GINq~ RE, J~~~ j ~ ?009 Before me this day personally appeared HASHIM 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 ~~th day of ~'~,,~ 200` `~ JC S~tsS~g-~~-ia~,~ p~AiyM SONEY FM LLC 1743 Dorchester Rd Clearwater, FL 33764 soneyfmllc(a,hotmail.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 driveway 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 nroiect. 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, Dr. Ram A. Goel PE# 47431 SONEX FM LLC 1743 Dorchester Rd Clearwater. k'L 33764 ~,;r'~~ i `, t'ii ~i~F C,f' ~~, ice. ~.,... ~. .. LEGAL DESCRlP710N: LOT 10 OF E.A. MARSHALL'S SUBDIVISION, ACCORDING TO THE 7 PAGE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK , 17, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FL0,4/0,4, OF WNICN PINELLAS COUNTY WAS FORl,1ERLY A PART. AND THE NORTH 50.15 FEET OF THE WEST 5 FEET OF A CERTAIN VACATED 10 FOOT ALLEY RUNNING ALONG THE EAST L1NE OF LOT )0 OF E.A. MARSHALL'S SUBDIVISICN, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 17, OF THE PUBLIC RECORDS OF HILLSBORCUGH COUNTY, FLORIDA, OF WHICH PINELLAS COUNTY WAS FORMERL Y A PART. ~. V~ . w ~° ~~~ ,~~ O/ ~ ~ Q~Q ~~~$Q ~.~ c't " 4 ~`~- ' ~~ --~ q.8" ~/ v J ~''~ -~ ~~~ y ~, air- o. rn. I ~~~~ - N~ _ ~,~ - ~ _ ~~ ~ o 0 1~ _. RE~ASED SURVEY ON 9 ,~.,.' j~'. r^.~'S~ k`iD-J '~ ~ ~?~~ CERTIFIED TO: ~~ 1504 GARDE' ' ~t sf~ Z,r,aiC.: ~ o a. ~~~. SCALE ~"- 20' s _t- ~~ s NORTH ~s SON~'Y F~ L~.C, ~~ ## 9~4~ 7~7-4~0-4796 ~~t ~ Strnc~ural ^ land tleuetopment Engineers fAX 813-972-2846 ' 16306 Aoune Ct., Tampa Fi, 33647 li.P.E. # 47431 ~l uthori:ed by the State of Florida, Board of Profe~-sional Engineers, to offer Engineering Services- ~1~ ~~ - ~~"~ ~~ ~ ~.-n.~~ RAM A. li~'v~;3,, PH.D, P.E. #47431 08/12/09 T,m. ~T ~~ DRAINAGE NARRATIVE The proposed construction activities consist of the following: • Construction of about 5,000 S.F. of open impervious vehicular use and sidewallc area. • Construction of a stormwater pond to provide water quality treatment for a volume equal to '/2" of runoff over the entire site. Treatment of stormwater will be achieved through natural percolation. • Overflow will pop-off into the existing Gutter at SE corner of Ft. Harrison Ave. • The more stringent of SWFWMD's 25yr / 24hr post-development flow not exceeding the 25yr / 24hr pre-development flow vs. Clearwater's weighted coefficient of runoff of stormwater detention was used to determine the storage volume requirement. It was found that the City of Clearwater's stormwater requirement (676 cf) was ITlore Str1cL tlldll J VV t" VV 1V11J 5 el~Ul eI1lellt a11U t11Gi G1Ui G was usel! 111 the design of the pond. • The Drainage Calculations have been prepared in accordance with the City of Clearwater Drainage Manual. The project is located in an open basin. Construction of this project will not increase the existing peak discharge rate or volume. • No wetlands are located in or adjacent to the project area. No wetland impacts will result from construction of this project. k Qn.°"S a~.a Fib 3"8~~" _ RETENTION POND CALCULATIONS Site Area: 7720 SF Existing Impervious Area: 5262 SF Proposed Basin Area: 5638 SF VOLUME PROVIDED BY RETENTION AREA Top Area: 37' X 13' @ 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 (37'x13' + 15'x2') / 2 = 640 C F Cpre. _ (0.9/2) ((5262 + (0.2x2458)) / 7720 = 0.37 Cpost. _ (0.9) ((5630 + 481 + (0.2x2090)) / 7720 = 0.76 OC = 0.76 - 0.37 = 0.39 Rain Intensity (25 yr.) = 3.6 in/hr Q = (0.39 x 3.6 x 5638) / 43560 = 0.18 CF/S = 640 CFH Then, Volume Required = 640 CF Volume Provided (640 CF) is Equal to Volume Required (640 CF). THEREFORE, DESIGN IS ACCEPTABLE. Pond Recovery Avg. Infiltration rate based on the DIRT test = 110 ft/d Using Factor of Safety of 2 Bottom of Bond Area = 15'x2' = 30 sq_ft. Volume Pond can handle in 24 hrs. _ (110/2) (15'x2') = 1650 CF/day Volume Provided = 640 CF Recovery = (640/1650) x 24 = 9.37 Hrs. Therefore, Design is Acceptable i `e '! • r3 . ..,-,.. yygg6 ., v'...~ eongineering, Inc. Environmental Engineering Consultants February 25, 2004 ~~1~alt~Il~L ~~C"D Mr. Hashim Sullaiman ~~~~ ~ i~, f=~~~ i u t-UL~ 1504 Garden Avenue, lnc. 1504 N. Garden Ave. l____ R~NING_ _ J~ Clearwater, FL 33755 RE: Soil Boring & Double Ring Infiltrometer Testing 1504 GARDEN AVENUE, INC. SE CORNER OF F. HARRISON AND MARSHALL CLEARWATER, FLORIDA 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 far 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 D-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 pcf. 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 Vertical Hydraulic Conductivity (Kv) Unsaturated Vertical Hydraulic Conductivity (Kuv) Horizontal Permeability (Kh) Recommended Factor of Safety Effective Storage Coefficient Design Groundwater Elevation RESULTS 110 ft/day 73 ftlday 166 ftlday 1.50 0.30 19.75' (10 ft. below surface) 10940 N. 56th Street, Suite 201, Tampa, FL. 33617-3004 ~ Phone (813) 988-8600 ~ Fax (813) 988-8556 i~t~~~ilr~A~. ~~~4rY{./ 'Ui~ ~ ~ t~~i~ ~~~1~~ There was water entry at a depth of 1 G feet below the land surface in the soil boring. The groundwater seasonal high at the subject site, may be assumed at a depth of 8.5 feet below land surface. The test data and soil boring log obtained by auger boring are shown in the attached 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 of such a system, either an exfiltration system design as installed in-situ, or a prefabricated system such as an infiitrometer 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, Ash ~ coub Field Engineer ~.I ~ n . ,' is ~~~~i ~" ~~ ~! ~~~ Adel . Blassy, PG FL Professional Geologist # 1834 Director of Engineering Services 2 C~~fGI~Al. ~,~~'C3 JUG 1 ~ ~~?Dg ~ ~E..~,~l~l~r~ NST OF PLATES Plate # 1: Location of Soil Boring and DRI Plate #2: Boring Log Plate #3: DRI Test Plate # 4: Typical DRI Percolation Test t~"F"4l~7+fi~#14 Rev v !~1'6 ~ ~ ~~~J ~..../ ~1~6`4i~E1~6:S -~, °~ ' O ~ ~. _~ -~ o. -~. ~~ ~ 3 O ////J/~jo o~ ok m O j W ~ C~/ A ~~ ~ ~ ~ -~~ , R ~ -0 2p / ~~~ '~ .:: ~ ~ :~ ~ O -~~ o ~ D _~. ~~ ~ ~~°~ '~ o~,ys o ~ ~'!~c='S~6Z 1p9 Uo O dot •r: I ~~ _~ -~ O ~ ~ ~~~ `~~yy~ ~ ti~ ~ ~lB~S ~~~`~.9 A o ~ / k~ ~`` ~ -~ J d~ ~~ Q i a ~, L b yds~ ~ C®~ N -~ ~~~ ;~€~TE: Source "SITE PLANE" R HUNT Engineering, Inc. Platy ~ 1 ®R1 Test Location ~~ ~U~`~ i ~~? ~~~~ BORING LOG PLATE t~~ Weather: partially cloudy Project Site: Location: See Location Map Date: Water Level: 10 feet below surface Client: 1504 Garden Avenue, Inc. Job #: SE Corner Ft. Harrison & Marshall, Clearwater, FL February 25, 2004 Insitu Tests: Nil 040209 De th ft Loa Descri tion p _ 1' Black top soil 1' _ 2' Tan Fine to Medium Sand 2' _ ;~ Tan Fine to Medium Sand 3' - 4' Tan Fine to Medium Sand 4' - 5' Tan Fine to Medium Sand 5' - b' Tan Fine to Medium Sand 6' _ ~~ Tan Fine to Medium Sand 7' _ g' Tan Fine to Medium Sand g' - g' Tan Fine to Medium Sand 9' - 10' Tan Fine to Medium Sand GeoEngineering, Inc. ~Gt~~-~. ~~ ~ JU~i 1 ~ 209 Pl_QlyildtN(~ Plate # 3 DOUBLE RING INFILTROMETER (DRI) TEST Date: Febniary 25, 2004 Site: SE Corner of Ft. Harrison & Marshall, Clearwater, FL Operator Ash Yacoub Client: 1504 Garden Avenue, Inc. Weather Cloudy Type: Double Ring Infiltrometer Rain• No Depth: 18" below land surface Soil Ty e: Fine to medium Sand Job#: 040209 I»ner Ring (IR) DROP Outer Rini (OR) Drop in Inches Tota[ Time in (Sew) INCHES Total Time (Sec) 54 1 42 1 57 1 49 I 58 1 50 1 58 1 50 1 61 1 59 1 58 1 57 1 61 1 61 1 65 1 64 I 59 1 61 1 58 1 58 1 65 1 64 1 65 1 64 1 65 1 63 1 64 1 b4 1 65 1 65 1 b5 1 65 1 65 1 65 1 65 1 65 1 Kv = 110 ft/day Kuv = 73 ft/day Kh = 166 ft/day Water Table @ 10 ft. below ground surface. Seasonal High Water Table assumed @ 8.5 ft. below ground surface. Test Conducted by Field Engineer: Ash Yacoub Certified by FL Professional Geologist_ Adel. Blassy, PG. GeoEngineering, Inc. -r H r.~~rR. t u ~z v~LVf ~CJ _ ~~~1_~. ., ~~~-_._.._____ r~--, . ~J t' t~ ~~ 1 ~ '~ ~/ ''- } Il n ~\~j~ ~ u ' l I .Y L. ~ t~ .,~~~aE~E~ I 1 Ij G,r<..re, _ ~ I 'd ~'~~~''~{ r~.~1~-,rxT r . -~rzsr ,,f ~1~~ ~~3~ TU W6.7~r~ rjDUz°GE T~- ~_~j ~. ~` , ~e fl ~: > r~}°L A5}# ~ACJ r - i --- - ~~ ~ I ___ ---____ Ge ~Engineeri ng, Inc. I >i~~ : SE G~rner~Ft: Harrison & Marshall Clearnrater, Florida C~~$~: 02/2/04 t31NAi. i~~C't~ PLAI~INih1C ~i OJ/,`-`~ \ r0 ~~ ~ ~I~c ;~, ~;, ; '~?~~ ~ o Y7%r ~'~C F.MEa rFa ~ An Equal Opportunity Employer Neil Combee Chair, Polk Todd Pressman Vice Chair, Pinellas Jennifer E. Closshey Secretary, Hillsborough Ronald E. Oakley Treasurer, Pasco Bryan K. Beswick Desoto Patricia M. Glass Manatee Hugh M. Gramling Hillsborough Albert G. Joerger Sarasota Sallie Parks Pinellas Maritza Rovira-Forino H i I Isborough H. Paul Senft, Jr. Polk Douglas B. Tharp Sumter Judith C. Whitehead Hernando David L. Moore Executive Director William S. Bilenky General Counsel Southwest Florida mater Management .District Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) Lecanto Service Office Suite 226 3600 West Sovereign Path Lecanto, Florida 34461-8070 (352) 527-8131 April 9, 2009 2379 Broad Street, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-800 320-3503 (FL only) Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) ~~~ i 0 2009 Hashim Sullaiman 1504 Garden, Inc. 1504 North Garden Avenue Clearwater, FL 33755 Subject: Notice of Final Agency Action -Approval Modification of Permit by Letter Project Name: 1505 Ft. Harrison/503 Marshall Permit No.: 47026989.002 County: Pinellas Sec/Twp/Rge: 09/29S/15E Letter Received: March 12, 2009 Expiration Date: April 22, 2014 References: Chapters 40D-4 and 40, Florida Administrative Code (F.A.C.) Sections 373.4141 and 120.60, Florida Statutes (F S.) Dear Mr. Sullaiman: iVNING Your request to modify Permit No. 47026989.000 by letter has been approved. This modification authorizes: Extending the duration of this permit until April 22, 2014. All other terms and conditions of Permit No. 47026989.000, dated May 13, 2004, and entitled 1505 Ft. Harrison/503 Marshall apply. Plans and information you submitted to support your request to modify this permit will be kept on file. 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 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 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. l:/ii' 30~% ~ v ~co~:~me ~~5 ~~ wa:re Permit No.: 47026989.002 Page 2 of 2 April 9, 2009 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. 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 for hearing. Enclosed is a "Noticing Packet" that provides information regarding the District Rule 40D-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 letter modification, please contact Nathan G. Valentin, at the Tampa Service Office, extension 2140. Sincerely, Alba E. Mas, P.E., Director Tampa Regulation Department AEM:NGV:CAL:gjn Enclosure: Noticing Packet (42.00-039) Sections 28-106.201 and 28-106.301, F.A.C. cc: File of Record 47026989.002 Ram A. Goel, Ph.D, P.E., Soney FM, LLC O i 1Ni~-l E '~ sL'~i 1 ~ 2009 F'I,ANNING T This Warranty Deed J 6 r~ C (~ O O. 4rl O O S Made ibis 3rd day of December by Abde].maged Muetafa Ahmed hereinafter called the grantor, to 1504 Garden Znc. whose post office address is: 1504 N. Garden_AVenue Clearwater, Florida 33755 Grantees' SSN: A.D. 2001 Y R4GES °~- I Accra GHG AMT CK AMT flEC DS DR219 _ ~ IHT o~~~~ °~ FEES t>T P7C flEV TOTAL ~ d{ ~ p1S KA(tLEf}I F. DE BIAKER, CLEKK OF CIJURT FIt~t1AS COUNIY~ FLORIDA SC151457 12-19-2()01 14:55:50 JTF 51 DED-1504 GARDEN 021090 Iq:01444362 BK:ll741 SPG:1534 ff'G:I535 Rf1S~tD1I~i 002 PAf>ES 1 510.50 IX)C STM4' C[AIFLTION 2 S~l.iS DIIC 5TfdT' - DR219 3 52,62<i.00 TOTAL: 52,91,E.25 C}ECK RI4T.TEN-E~D: S2:9F,~.25 CFIAf~: 5.00 BY ~ DEPUit( CIfRK US ~ t - hereinafter called [he grantee: (Whrncva rued hcrcin the tam 'grsnmr' and 'grantcc' include aU the parties m this instrutrxnt and the heirs, Icgal rtprescmativu atd assigns of individuals, and the zucceuors ard;assigns of corporariotu) Witnesseth, -that the grantor, for and in consideration of the sum of $ 10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants. bazgains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in - pinellas County, Florida, -viz: r See Schedule A attached hereto-and by thi_s__reference_made_a_.nart. hereof. ~ 01-444362 OEC-19-2001 2:56p1t. P INEL ~A{~{{~p~Q{~{Q{~Q{~{{{QQ{{QI{Q{~~{{~ 1534 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 andconstitution of the State of Florida in that-neither Grantor or any members of the household of Grantor.;reaide thereon. Parcel Identification Number: 09-29-15-55530-000-0050 TOgethe[`with 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 lawfullyseized of said Land in fee simple; that the grantor has good right and lawful authority to sell and convey'said land; that the grantor hereby frilly warrants the title to said land and will defend the same against the lawful claims of all .persons whomsoever; acid that said land is free of all encumbrances-except taxes accruing subsequent to December 31, 2001 ).n Witness Whereof, the said grantor has signed and sealed these presents [he day and year first above written. Signed, sealed and delivered in our presence: -~- b (Wus, c, A ~ I tz~a Abdelmaggd ~Sust~fa Ahmed tine55 Pr~ Name: 1eZl Golden &vok WaY P> rle 3a61 n ttness Pn ~ _ ~SA~ n. ~~~. r~- ttness Prinf Neme: Aam V (Hess Print Name: _ State of Florida County of Hillsborough The foregoing. instrument was acknowledged before me this 3rd day of December 2001, by Abdelmaged Muatafa Ahmed who is personally known to me or who has produced drivers license as identification. PREPARED BY: A. Moody RETURN TO: Alday-Donaleon Title 11103 North 56th Street ~'i Temple Terrace, FL 33617 5193 gile~No: 5-01-0995 Notary Public Pant Name My Cotmnission Ez iru: _ ' THOiAAS T. ALDAY =~e^ Ndary PWlk. Slated Florida rty Commission [zplres Feb. 72, 2C4" Commhdan f L'D 736197 II - ~ -_ _ _ _. n.~c ~~ _~ ~- ,...; ~ r'~ ~ _.i ....r ana. - - 'Y ~ '-- -- 2 h'" a ~q.. ~ .,r : ~. ~. *~ ~ _ , s .± ,. :a _ ., ~: Schedule A PIn.~~~R.S COUNTY FLf3. OFF.REC.BK 11741 PG 1535 Parcel l Lots 5, 6 and 7 of E.A. Mafshall's Subdivision, togethIIe~rediately the easterly 5 feet of the alley (now vacated) lyingat recorded bleat of said Lots 5, 6 and 7, according to map or p in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida, of which Pinellas-County was formerly a part: Easterly ofethe bleat right~of wayalinetof Garden Avenue.ing TOGETHER WITH the following: Commence at the intersection of the North boundary of Lot 3 0£ LESLEYPa e~D~ofothesPublicded on February 4,-1884, in Deed Book R, 9 Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, with the Weet,.right-of-way line of Garden Avenue as it is presently occupied; thence North 88°14'34" West, (basis of bearings is assumed) aloehence South boundary of said Lot 3, a distance of 72.64 feet; 06°0.4'06" bleat, along the Southerly extension of 6he~an~eandne of a vacated 10 foot alley lying West of Lota 5, East of Lots 8, 9 and 10, E.A. Marshall's Subdivision, ae recorded in Plat Book 7, Paga 17, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, 15.02 feet; thence South 61°14'34" Eofteaid Lot feet Southerly of and parallel to the North boundary 3, a distance of 70.62 feet; thence North 13°57'36" East, along the bleat 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 toft[hemPUblic plat thereof as recorded in Plat Book 7, Page 17, Records of Hillsborough County, Florida, of which Pinellas County was.Eormerly a part AND The North 50.15 feet of the West'S feet of a certain vacated. l0 foot alley running along the East line of LotoTOplatEthereof as Marshall's Subdivision, according to the map reorded in Plat Book 7, Page 17, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. SIIBJECT TO that certain mortgage to Bank of America, N.A,.rdeami„ Abdelmaged Mustafa Ahmed, dated August [4, i99">, and .a...,- 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.OO;current outstanding balance $22,389.55. SunJEC: "'.. that c,.-___-- merr_gaee to Delaware Savings-Bank from Abdelmaged M.-Ahmed and Ga1loAhmed, husband and wife, dated November 25, 1997, and recorded in O.R. Book 9930, Page 1543, of the public records of Pinellas County, Florida, securing a promissory note in the original amount of $82,000.00; current outstanding balance$72,045.78. File No.: 5-01-0995 r ~7"Y~ e .~: __ .~ , iaLTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS "if.~rov, ~Nant information about coverage or r assistance to resolve complaints, please call 1-8~ ~29-1902. If you make a claim under your policy, you r~us; furnish written notice in accordance .Section 3 of the Conditions and Stipulations." Visit our World-Wide Web site at: htto://www.stewart.com POLICY OF TITLE INSURANCE ISSUED BY s T EwA~~ TTTL~ GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and,from the land. The Company will also'pay the costs, attorneys' foes and expenses, incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations.: IN WITNESS WHEREOF, Stewart Title Guaranty Company fias caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. /j/ ~TEWART 'TITLE ~ 4~,C ~'\ ~ Cd it A R A N TY C O M P A N X ( ~~,~ n ~C~!~ man of/the rrized Signatory ~ w~:~4 ,r ? ~`:~; ALDAY-DONAL30N T .AGENCIES ~ ~. ~ ~ ~ .~ *...1~1 zany 11103 N. 56th RE ., T fx aS.,,~~~~!`_ ~~f~,-3d~nt }~~`...,~6...r _,. t'< 4sr~.~ir>~~- i e ''a s,k~~ 7~~~~1 S_~L~~f~tYc`af~~ l~>=2F~A~~. FI_ X36 i ~ ,,,;;,,,,,,~,;-- 7r!t,r!~t r City, State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of ttiis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law,. ordinance or governmental regulation (including but rtot limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land;: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement 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. (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 Oate of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights 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 ihsured by this policy. 4. Any claim, which arises 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' rights 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 preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrufnent of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ~„ Paye t of Policy 0-2125- 3 7 4 2 6 8 '~ Serial Nn. ,~ ;~ l •. ;; ' CONDITIONS AND STIPULATIONS it '' 1 • DEFINITION OF TERMS. The following terms when used in this policy mean: I! (a) "insured": the insured Homed in Schedule A, and, subject to any rights or defenses the Company would have had against the Homed insured, those who j succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distribvtees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. j (c) "knowledge" or "known": actual knowledge, not constructive knowledge i or notice which may be imputed to an insured by reason of the public records as ~ defined in this policy or any other records which impart constructive notice of I matters affecting the land. I (d) "land": the land described or referred to in Schedule A, and imProve- ~ ments affixed thereto which by law constitute real roe The term 'land" I does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting ~~ streets, roads, avenues, alleys, lanes, ways or waterways, bu.t nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) 'mortgage': mortgage, deed of trust, trust deed, or other security instrument. (f) 'public records": records established under state statutes at Date of Pol- . icy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include ennronmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. the tit e)to the landtanoftlex luded orl excepted f9om ~ovePageewhich wouldfe title a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a, contractual condition requiring the delivery of marketable title. - 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue. in force°as of Date of Policy. in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- once of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a urchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notifi, rh° Cam___.. litigation as set forth in Section 4(a) below~(i )ma case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estote or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or intareSr as inwred, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Compcny shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be pretudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only os to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the nght of the insured to object for reasonable cause to represent the insured as to those stated causes of oction and shall not be liab~e for and wilt not pay the fees of any other counsel. The Company will not pay an fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prose- cute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company 'nay pursue any litigation to final determination by a court of competent jurisdic- •ion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to Pro cute or provide for the defense of any action or proceeding, the insured sh secure to the Company the right to so prosecute or provide defense in the actin or proceeding, and all appeals therein, and permit the Company to use, at option, the name of the insured for this purpose. Whenever requested by tl Company, the insured, at the Company's expense, shall give the Company c reasonable aid (i) in any action or proceeding, securing evidence, obtaining w. nesses, prosecuting or defending the oction or proceeding, or effecting settle ment, and (ii) in any other lawful act which in the opinion of the Company me be necessary or desirable to establish the title to the estate or interest as insures If the Company is prejudiced by the failure of the insured to furnish the require cooperation, the Company's obligations to the insured under the polity shall lei urinate, including any liability or obligation to defend, prosecute, or continue an litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi lions and Stipulations have been provided the Company, o proof of loss or dam age signed and sworn to by the insured claimant shall be furnished to the Com pony within 90 days after the insured claimant shall ascertain the fads giving rise to the loss or damage. The Proof of loss or damoge shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Company is Prejudiced by the failure of the insured claimant to provide the re~vired proof of ass or damoge, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and .shall produce for examination, inspection and copying, at such reasonable times and places as .may be designated by any authorized representative of the Com- pany, alt records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized ,representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured daimant provided to the Company pursuant to this Section shall not he disdos--' ._ r-asoriobie judgment of the Company, it is necessary in the odministrattion of the claim. Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Com~-n~ under this olio as to that claim. 6. OPTIONS TO PAY OR 07HERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, }he Company shall have the following additional oP~ions: (a) io Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tendUPonPhe exercuedby the ComPCany of his optionatadll liabili~ and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation: (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of on insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com- pany up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs Sb)(i) or (ii), the Company's obligations to the insured under this pol- ity for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT Of IABILITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffe.A~l h« ,.. a__ aae h~ ra..~,... ,:r __.. CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least .f: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or Interest as nsured and the value of the insured estate or interest subject to the defect, lien >r encumbrance insured against by this policy. (b) (This paragraph removed in Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses ncurred in accordance with Section 4 of the Conditions and Stipulations. 1. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are tot used az a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be cam~~uted and settled on a pro rata basis as f the amount of insurance under this poliq was divided pro rata as to the value m Date of Poliq of each separate parcel to the whole, exclusive of any mprovements 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 it the time of the issuance of this policy and shown by an express statement or by ~n endorsement attached to this policy. ' ~. LIMITATION OF LIABILITY. ' (a) If the Company establishes the title, or removes the alleged defect, lien x encumbrance, or cures the-lack of o right of access to or from the land, or :ures the claim of unmarketability of title, all as insured, in a reasonably diligent Wanner 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 shall 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. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. Ii is expressly understood that the amount of insurance under this policy ~Ilall be reU VlCd V all aI11VU111 Ille Cv Ti'a ri' -a" "a~" undci an" ""~"" i. iUrln" r y N r-~ ~ r N r r r.,,,~r y a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien an the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this 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 ppolicy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) 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 ad 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 hod against any person or property in respell to the claim had this polity not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against 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 to pay only that part of any losses insured against by this policy which shall exceed 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, g~a- 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 Incur= once Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured..Arbitrable. matters may iridude but are not limited to any controversy or-claim between the Company Company in connection with its issuance or the breacn of o panty pronswn or other obligation. 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 effort at Date of Policy shall be binding 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 prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court havinq~urisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules maybe obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This paltry together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In Interpreting any provision of this policy, this polity 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 Virg President, the Secretary, an Assistant Secretary. or validating officer or authorized signatory of the Company. 16. SEVERABI! 1TY. In the event any provision of the paltry is held invalid or unenforceable urider applicable law, the paltry shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any stotemenf 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. ~~ w r~ ~ ~ 7 u~ ~"i+ ~ . ~ e:<_ S'~' I~:~~'A IZ'I' 'I' I'1' L E GU.~ RA?7TY f'tIM I'ANY INSURANCE SCHEDULE A FILE NO. POLICY NUMBER DATE OF POLICY December 19, 2001 @ 02:56:00 PM 5-01-0995 0-2125-374268 1 Name of Insured: 1504 Garden Inc. The estate or interest in the land which is covered by this Policy is: Fee Simple Title to the estate or interest in the land is vested the Insured. 1504 Garden Inc. The land referred to in this policy is described as follows: See Attached Continuation Owner's Policy A 2 3 4 AMOUNT OF INSURANCE $ 375,000.00 .,gyp f'? ~~r~,~l~~.. a ~l'~ • -,,pJ~+ Syr ~~:~~ '~d t~ '»+~~IJEV~I ~i~St 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 #: 09-29-15-55530-000-0050 The Company does not represent or insure the above address is accurate S T E W A R T T I T L E REG. D 0012 Rev. 11-91 "NOT VALID WITHOUT SCHEDULE B" Attached to and made a part of Stewart Title Guaranty Company Policy No. O- 212 5 - 3 742 6 8 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: 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 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 88°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 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 8i-i4-34°° East, i~.Ov feet Southerly 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. 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 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 ~~~~~~~ Page ~:: ~ ' ~dAw~-~ ? !f~i v"~''~,, STEWART TITLE 203-A-T r" r~ i'°s?~ ~i ~ $i3. x :- _ +.- ~`: _, GUARANTY COM PAN V (100M 2-85) Attached to and made a part of Stewart Title Guaranty Company Policy No. O- 212 5 - 3 74 2 6 8 Continuation of Schedule A formerly a part. >'~~~ -~ ~~ n ~; ZOQ~ ~ 4 <R ~a^ ~,.., Page 203-A-T STEWART TITLE GUARANTY COM PANY (BOOM 2-85) Attached to and made a part of StewartTitle GuarantyCompany 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. OZ~~i~` y ~° ~ ~' ~ ~~0~ ~: ~ 1~ ~~j'". ~~ ~ Vii"? ~ , i ~ W ~: Page 2os-a,-T STEWART TITLE (100M2-85) GUARANTYCOMPANY ALTA OWNER'S POLICY SCHEDULE B •,:~ r A Policy Number: 0-2125-374268 ,~{~~~; ~-r_ ~~... a~,, s., ~ i`:4 . File No: 5-O1-0995 .- ~ 3 ~~ ~li~i This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 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 alien, for services, labor or material heretofore or hereafter furnished, 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 2 0 0 2 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 GystPms; sewer systems or aas systems serving the lands described 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. 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: 1t has been a pleasure to be of service to you. ii you have ally questions or need further assistance, please call. Very truly yours, Alday-Donalson Title Title Policy Department '~~'`~`~`ti~rt enc . i° ~~ ~ i~, ~~ DIANE NELSON, CFCs NOTICE OF AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PINELLAS COUNTY TAX COLLECTOR www.taxcollect.com 2009 REAL ESTATE TAX PAY IN U.S. FUNDS TO DIANE NELSON, TAX COLLECTOR • P.O. BOX 10832 •CLEARWATER, FL 33757-8832 • (727) 464-7777 IF POSTMARKED BY I Nov 30, 2009 I $3 569 0009 I $3 606.30 10 $3 643 1 001 0 I $3,679~g0 10 Please Pay $3,532.70 • ~• •~ ~ •~ 01-99902 CW 1504 GARDEN INC 1504 N GARDEN AVE CLEARWATER FL 33755-2432 PARCEL NO: 09/29/15/55530/000/0100 SITE ADDRESS: 1505 N FT HARRISON AVE PLAT: OH7 PAGE: 017 LEGAL: MARSHALL'S, E.A. SUB LOT 10 & W 1/2 OF VAC ALLEY ON E AD VALOREM TAXES •- ~ • ~ GENERAL FUND 4.8108 175,000 0 175,000 841.89 HEALTH DEPARTMENT .0622 175,000 0 175,000 10.89 EMS .5832 175,000 0 175,000 102.06 SCHOOL-STATE LAW 5.3480 175,000 0 175,000 935.90 SCHOOL-LOCAL BD. 2.9980 175,000 0 175,000 524.65 CLEARWATER 5.1550 175,000 0 175,000 902.13 SW FLA WTR MGMT. .3866 175,000 0 175,000 67.66 PINELLAS ANCLOTE .3200 175,000 0 175,000 56.00 PINELLAS COUNTY PLN.CNCL. .0125 175,000 0 175,000 2.19 JUVENILE WELFARE BOARD .7915 175,000 0 175,000 138.51 SUNCOAST TRANSIT AUTH. .5601 175,000 0 175,000 98.02 TOTAL MILEAGE 21.o27s GROSS AD VALOREM TAXES $3,679.90 GROSS NON-AD VALOREM l TAXES BECOME DELINQUENT APRIL 1ST COMBINED GROSS TAXES AND ASSESSMENTS $3,s7s.9o PLEASE RETAIN TOP PORTION FOR YOUR RECORDS