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FLD2005-08089FLD2005-08089 41 DEVON DR CITY OF CLEARWATER "Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ^ SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION O SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ^ SUBMIT APPLICATION FEE $ ~ ORIGINAL CASE #: t~L~~>U ~-0~~ DATE RECEIVED: RECEIVED 8Y (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: ~` NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPI~ZENT APPLICATION Comprehensive Infill Redevelopment Project (Revised o4-os-os) -i'LEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Citv of Clearwater MAILING ADDRESS: P.O BOX 4748 Clearwater FI 33758-4748 PHONE NUMBER: (727) 562-4748 FAX NUMBER: (727) 562-4755 PROPERTY OWNERS}: Dam Devon LLC (Must include ALL owners as listed on the deed -provide original signature(s) on page 6) AGENT NAME: Elliot Shoberq MAILING ADDRESS: P.O BOX 4748 Clearwater FI 33758-4748 PHONE NUMBER: (727) 562-4748 FAX NUMBER: (727) 562-4755 CELL NUMBER: (727) 244-1168 E-MAIL ADDRESS: Elliot.Shobergna.mvclearwater.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS of subject LEGAL DESCRIPTION: See exhibit A of attached LAND TRANSFER AGREEMENT (if not listed here, please note the location of this document in the submittal} PARCEL NUMBER: 08!29/15117550/002/0011 PARCEL SIZE: (acres, square feet) PROPOSED USE(S), SIZE(S) AND VALUE OF PROJECT: 25 s ace ublic arkin lot ""`""'""" (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): The proposed narking lot is in the Tourist district and does not meet the 20.000 square foot minimum required. Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.j The site is 16,500 ft^2 and the Citv would like a variance on the minimum square footage required in the Tourist district. Page 1 of 7 - Flexible Development Comprehensive Infill Redevelopment Application 2005- City of Clearwater • • ORIGINAL DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _X_ NO - (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4202.A.5) ^ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) See attached DO D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) ^ Provide ~mplete responses to the six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The proposed parkins lot would replace a dilapidated hotel and parking lot and provide additional public parking. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposed parking lot will be landscaped to meet and exceed code requirements along with replacing a dilapidated hotel with additional public parking 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighbofiood of the proposed use. Som a of the existing parking backs into the street and there are no sidewalks. The proiect will provide 25 off street parking spaces and sidewalks. During construction. the property will be fenced off to keep the public safe and the new parking lot will meet all City standards. 4. The proposed development is designed to minimize traffic congestion. The proposed parking lot utilizes the Citv standards for sight triangles and will provide 25 additional off street public parking spaces 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The majority of this area is hotels, beaches and retail businesses that will all benefit from additional public parking 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfa ry nd i ~-u ~Ef ~ei tic~~/ l ~ t on adjacent properties. IUt La t The ro osed arkin lot will be astheticall leasin and will be metered from 8 to 10 eve da . PLA NNIftG ~ t} ~ ~z=t.GPMEN'1$UCS D Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) -Explain how each criteria is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. This proiect will require a variance on the minimum lot area for a parking lot on the beach. The dwelling units from this property were transferred to the SUNSPREE GREEN LLC. Follovving the Development Order transfer, there will be no remaining development entitlements to the Page 2 of 7 - Flexible Development Comprehensive Infill Redevelopment Application 2005- City of Clearwater • ORIGINAL 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) The existing site has minimal value with no remaining development rights. A parking lot is one of the few uses allowed for this property and will be worth more than a vacant lot 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Cleanrater. Parking lots are permitted in the Tourist District. 4. The uses or mix of use within the comprehensive infill redevelopment project are compatible with adjacent land uses. The majority of this area is hotels. beaches and retail businesses that will alt benefit from additional public parking 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. N/A 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vianity of the parcel proposed for development. The proposed parking lot will be landscaped to meet or exceed City code requirement and will replace a dilapidated hotel with additional off sUeet public parking 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vianity of the parcel proposed for development and the City of Clearwater as a whole. The proposed parking lot will be landscaped to meet or exceed City code requirements and will replace a dilapidated hotel with additional off street public parking and will meet code setback requirements 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. Flexibility in regards to lot area for a parking lot is requested for this project. The parking lot will be on grade and will restrict views of the neighbors much less than the existing multi-story dilapidated hotel 9. Adequate off-street parking in the immediate vianity according to the shared parking formula in Division 14 le i ~I~~Q avoid on-street parking in the immediate vianity of parcel proposed for development. `? 1 ".._`! No arkin is re uired for this site. The 25 s ace lot will be available to the ublic as offstreet arkin 6 LN~q ~. 1 ~ f- n ~~a, ~ cr: ca 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Division o ~ppir~ej~.-- °~- Use separate sheets as necessary. This site will not have any building constructed on it. The project will consist of a water quality treatment pond, pavement, landscaping and sidewalks. Page 3 of 7 - Flexible Development Comprehensive Infill Redevelopment Application 2005- City of Clearwater ~ ~ ORIGINAL E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Crit~ Manual and 4202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that im addition or modification of impervious surface, including buildings, must include a stormvvater plan that demonstrates compliance the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemi to this requirement. If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ^ 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 incuding top of bank, toe of slope and outlet control structure; A narrative describing the proposed stormwater control plan inGuding all calculations and data necessary to demonstrate compliance with the City manual. _ 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 0 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 4202.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, inGuding drip lines and indicating trees to be removed) -please design around the existing 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}; 0 COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A) ^ SITE PLAN with the following information (not to exceed 24" x 36"): ~ ~~~ ~ _ All dimensions; D _ North arrow; _ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Otr ! ~y c _ Location map; 1 U v _ Index sheet referencing individual sheets included in package; _ Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; ~.14NN = ~ ~,v~I.Q~tEfrrir SVCS - All required setbacks; r~ Ej~s7V!lAr~..~ _ 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; • • ORI _ 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 ail 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; and _ Location of all existing and proposed sidewalks. ^ SITE DATA TABLE for existing, required, and proposed development, in writteNtabular form: _ Land area in square feet and acres; _ Number of EXISTING dwelling units; - Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including ail paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; _ Size and specles of all landscape material; _ Official records book and page numbers of all existing utility easement; _ Building and structure heights; _ Impermeable surface ratio (I.S.R.); and - Floor area ratio (F.A.R.) for all nonresidential uses. ^ REDUCED SITE PLAN to scale (8 %: X 11) and color rendering if possible; O ^ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: OCT O 6 -_ 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; F'I.AiVNtjV~ ~ y~t.o~r~~rt S - lot lines and building lines (dimensioned); ~:;~.Sc~ ,4TH _ Streets and drives (dimensioned); '""`""' _ Building and structural setbacks (dimensioned); _ Structural overhangs; Tree Inventory; prepared by a "certified arborist", of ail trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 41102.A) ^ LANDSCAPE PLAN: Ail existing and proposed structures; _ Names of abutting streets; _ Drainage and retention areas including swales, side slopes and bottom elevations; _ Delineation and dimensions of all required perimeter landscape buffers; _ Sight visibility triangles; _ Delineation and dimensions of all parking areas including landscaping islands and curbing; _ Proposed and required parking spaces; _ Existing trees on-site and immediately adjacent to the site, by specles, size and locations, including driplines (as indicated on required tree survey); _ Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating to the plant schedule; _ Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures; - Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; _ Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); _ Irrigation notes. ^ REDUCED LANDSCAPE PLAN to scale (8 %2 X 11) (color rendering if possible}; ^ IRRIGATION PLAN (required for level two and three approval); ^ 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. Page 5 of 7 - Flexible Development Comprehensive Infill Redevelopment Application 2005- City of Clearwater :; ~ ORIGINAL I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Gomprehensive Infill Redevelopment Project or a Residential Infill Project. ^ BUILDING ELEVATION DRAWINGS -all sides of all buildings including height dimensions, colors and materials; ^ REDUCED BUILDING ELEVATIONS -four sides of building with colors and materials to scale {8 %: X 11) {black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS i Section 3-1806) ^ 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). O ~' .r ~~ D Reduced signage proposal (8 %: X 11) (color), if submitting Comprehensive Sign Program application. ~ K. TRAFFIC IMPACT STUDY: (Section 4202.A.13 and 4801.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. '~V AWN I~gpN AA Petx~9 ssft-cs as +~ uasawwo~ L. SIGNATURE: 1, the undersign application are authorize City r described in this ed, acknowledge that all representations made in this STATE OF FLORIDA, COUNTY OF PINELLAS true and accurate to the best of my knowledge and 5~` Signattl~of p owner or representative epresentatives to visit and photogra y,#lae--pfoperty application. Page 6 of 7 - Flexible Development Comprehensive Infill Redevelopment Application 2005- City of Clearwater worn to and subscribed before me this -- day of A.D. 20Q~' to me and/or by ~ who is ,personally known has produced as ident\fic`ation. Notary public, My commission expires: • AFFIDAVIT TO AUTHORIZE AGENT: DAM DEVON LLC, a Connecticut limited liability company . {Names of all property owners on deed -please PRINT full names} 1. That (I amtwe are) the owner{s) and record title holder(s) of the following described property (address or general location): 41 Devon Drive 2. That this property constitutes the property for which a request for a: {describe request} Flexible development approval of a comprehensive infill redevelopment project. 3. That the undersigned (has/have) appointed and (doesldo) appoint: Elliot Shoberg, Senior Engineer for the City of ClearHZater as (hlsltheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That ttxs affidavit has been executed to induce the Gty of Clearwater, Florida to consider and act on the above described propeRy; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives tovisit and photograph the property described in this application; 6. That (Uwe), the undersigned authority, hereby certify that the forego~g is true and correct. DAM DE N LLC, a Con cticut limited liabi it com en Property r '~ i r rty weer David A. ack, Man r rty Owner STATE OF CONNECTICUT . ) Property Owner l . . COUNTY OF FAIRFIELD Before me the undersigned, an officer duly commissioned by the laws of the State of Fonda, on this ,.,L ```-f-~i~ day of August 2005 personally appean;d David A. Mack as* who having been first duly s orn Deposes and says that he/~e fully understands the contents of the affidavit that he/s a signe . *Maftager of DAM DEVON, LLC, a Connecticut ,~ ~,~ ~~~ limited liability company, Notary Public My Commission 6cpires: Ma E. Walton NOIArtY rut'uv State of Connecticut My Commisslan Expiroe 8/31 J08 S:IP/arxting DepartmentlApplication Fomrstdeve/opment revtewttlexible deve/opment application Zt105.doc ..., .~~ °.. ~ ~ °t w,~i~~~'~ ., `~ ~ J • .-" ~.i; ~ ~ ~ :may ' . ~ ,,/ ~ ~ ,~ Q ,.Y .;' r n ~' t. 'tr INDEX OF PLANS SHEET # SHEET DESCRIPTION LL 1 Cover 2 Existing Conditions / Demolition Plan O 3 Site Plan /General Notes 4 Paving, Grading & Drainage 5 - 6 Details/Cmsa Sections ~" ~ Conceptual Landscape 8 Landscape Details /Notes ~ arwater U Public Works Administration 100 S. Myrt/e Avenue, C/earwote~ F/orido 33756 DEVON DR/VE P,4Rl</N~; i n r .._ ~~ y ~~~ Q ~9 ~~~~i =_sl~ygTER ~; ~,,~ ® U U ~ ~ _ C7 __ ._ ~~ ~ f"" clzy oFFICiALs Frank Hibbard Mayor Seatl John Doran Councilmember Seal 2 Hoyt Hamilton Councilmember Seat 3 Carlen Petersen Councilmember Seat 4 Btll Jonson Cotutcilmember Seat 5 William B. Horne II City Manager Mahahid Arasteh, P.E. Public Works Administrator Michael D. Quillen, P.E. City Engineer ect Approved By rtion Date Approved ,....... ! ~~~'. ~o -! =a~ P/on Set No. 2005039 o r, ' n c ~ ~: r' _ n .7> d 4 _ - <x ~ I , I ~.;t ;; i J, ~ II II ~ S 05'32'30" W 150.00' P I Js~~ l i o c >•R - - ~ !!?'~TT~~ i y ., Y J ~~xy `~> 6RePRMCU~ eI S J ` S ~ (- .^ _. I ~I; b~ o ;~ ~ - j~ 4. ( ~ v~ I I Note: Property line and interior ,I ~ ~ ht,~uGr ;;v riP~;? STOav ~ ( ~ ~,~ ~ ~ I ~ features taken from o survey by ~ ~,a°r.i Geodota Systems Inc. doted ~' ~., ~ ~, ~ ~ ~ ~ ~- - - .- .~ ~ - - m -~ tv,o >T,~fiV Mn<-oryRti ^' I ~ ,~ : o ~ I ~ 6 27 99 and u dated 2 15 OS. _ `7 ~„ ~ I ~ u, o W I ~ ~ P ~ ~ s r i~„ ~ C./ r l .Bg^ tom, v v- -, C. ~. ~ 1. ~~ O - _~ - . _. - J .'~E~Y DECK _ __ ~ = _.. _ _. - i .... .... _ i J l - x71_ _.. ~V'~ I irk ~ ~JJJ >,~ . - - Co i wOln - - - ~ ~ I -. m,tr'~ -- ~ ~ - ~ ~ --I.I wl.iiunui ----, ~I I ' ' I ~u ~ll~'~ ~, ` ~ ~ w ~+ I l I ~ - - T~1 I Ii I II ~ / f ~ ' " ~ I `.~ n '~, . ~ ~% c~ i ~ ~~ ~ ~ DEMENT, WALKS'~E1~C. r' ALL ~ SFRUC7URES ~ ~~ I t TO ~E~ DEMOLISHED I G ~ / ) I I ~ i ~ ~ ~'. o .^, ~~ ~ ~~ ~ i . ~- , , ,,;~ l~ i. cap ~~~~~ I' { >~ o ' ~ .: ~~ `,'. I i PALM Th'EES TQ~B~' R£bfQDED ~r ~,Po >~ d ~'' ~ ' ~ ~ ~ l ~ ~ ~ I ~ I ~ ~' i ~ I I ` ~ y ' ~ '~`' ~:~~ c~~ 'se .F~~ e I ,o ~ I ,t _L-j_~._ n-~-~v1~ y .' I_' i ~ \~ ~ s ~ ~. d ~ , I ~ Js t az~ ~3 ~e ~ / ~ i I r - ~ ` ~ ~.--- x ~ PIA ll F ~.~ . ~-~_i / 9 os ~p r~ ` vT~ J I Ij t y ~. a..~,. S __ _ ~ t0 v ~ ~• . ~ S ?J ~ ~ ~~ _. y r~ ~~ _ ~O kn9 SU~icra _" r ~ ~ ~ ~I Il ill ~I ? / Ors )f %- J .> 9 > 0>~ i~ ~ o E'Ork n0 ~prC a I l ~~ J) ~ (O L __. ^" ""I~I i -JJ rz~ . ^ J ~~ ~n `~s ~ _ N 05'32'30° E 80.00' P ~ - - - ®J ~ 9i"J~ (~n ~~ .--~ ~ .. ~-+ i •~ O ~,...~ Cn ~ .J -Y B ~ 052744 ? Ex 4 ~ x9.98 M •,, ~ -> J `I 'J ' 6S ?s e J - ~~ 3 6 ) B J S > .PS S 1 1 " ~~ `_= " - v~ RCP J7 t2 s RCP 12 ~ Gr Ole Iniet b ,. "J> a ~~ ?; 'J s ~ `J -s r Crate IMet Grote 3.t8 \ J s ' Grote 3.03 Inv 10" VCP W 1.00 0 " Inv 12" RCP S 1.30 ` RCP N 0.9 Inv i2 " H~MQ~IV ~~~~~ ~~~ ~ I.y Inv t2" RCF N 1.20 RCP S 0.85 Inv 12 LOT CURVE RADIUS LENGTH CHORD BEARING 6ELiA i Ct F' 70.00` 109.9:1 98.99' N 39'2730" W 89'59'39" 1 ~ Ct(M) 70.00' tt0.05' 99.06' N 59'38"14" W _ 90'04'at RECORD DRnWINDS CITY OF CLEARMATER, F[ARIDA ~, Reve is " p "~ ~ Pusuc WORKS ADMtNISTRATION ~®~,~,,,~ DEVON DRIVE PARKING lOT ~ N/e ""'""a °"` 5>s '" ~~ ' ~ ENGINEERING " ~,, UnUix' N0161CAiNW wv. t'=10' re rr e ~ swt 2WSW1 ~" s or e ~'°"°° ,--~ too s, xyrue Ave. oE"'fl' EXISTING CONDITIONS /DEMOLITION PLAN w" w REvtyOR Clearwe ter, FI 33759 '-`"m-'R^* ms~.r /~~ C[~- ~p-.)~Ir- SITE DATA 20HIN0 T i T tANO U~ RM FFN RFH USAF _ ZO Foam Paeip tet l01 AREn 18.500 S.F O.Ja Kv I8.300 5f. 0.38 AL. 10.OtM Sf, ~N9ty 52 8 Rowna/ACr FNLOtNG COKFnGE {,f. d S O' IXt055 511£) 5116 Sr. JIR 0 S.F. OA 0 SF. ~ GRO55 ROOF AREA .>- 9)la S.F. OS] 0 S.F. 00 0 5F, 0.0 eLOG PAVEIAETti PAIENENi PAVENENi i 20 0/0 t5' t5' 15' i5 BEDG. SEtRACK ~ AGE a5' 6.3' t0 1 t0 Bt00 ROp+T 2 Stay Nct AppncobL JS' PnvEO vEHLUI.AR uY AREA 5500 S.r. 9A50 5F. Not App:kaW F~ERVt0U5 SURFACE RARO 1 (1.5 F) 161 TO B.F % 9A5U SF. 31 95 DaEN STAGE (S.F. g >; OF rROSS 51E.) JM SF. 2i {050 5F. JR N or AppncaNe - NG L01 MTEPoOR LnHDSGAgNC (5 r, g 2{ OF vU.A.) 1090 Sr. ASS IOR ARNING SanCF.S 2A Spxm g eP soxA DRAINAGE CALCULATIONS oaAdc~uiiou.~mds...; ..-----.-__.___.._-, .. _.. . t12 YiNn R:~1y U6MmFFR NO'Y660 bF8196eb . :.. ... ... :. ....~. 18td11"4'OS"iiT..e%~IIH ._ _._._ _. ___... .. . PoRe _ Etr+t4 aRa a aAF D N ncc Au o 481. G. 127 025 5165 7b .. _ .% t i. - . 0 692 fla 023 IT9n ..: _. aTS; rro _ ese rese.d26; in arE a'swFUmro ~ -... b]. 0. 2ttdJ - t 924 J 1118.. -.. _...'. 1790.1 013 7N.537 .-_. _ _. t to ,~6 .b ~ t.5 2 GENERAL NOTES Iwu6`p'1,na~i1 nv°EV,a:aa'i` i + °~« ~ .Fe.ran*a: of artu rtus a~t oo ro'ix0r rwa~ .o ~.sew~lnt: cmauctn-.eao•neF .r» tK :sr ,LL ERSnaa NUnx:u~s,~nmE~x Iowa FnxF+~i..w ra,'n`. maFAFUS No csusrw.rc,nxi~• ~.aalit.ri~nui Fn « I~Rauw°m ~a m .ow ...c ncalew¢ Aw 1~ tu.nw aw.AVV+s.~ taro a N6 on v aturum two xwRe16»r ca9[ aTRNlys ++Nr renowt Na aYGNC R~Ox~ nd~~ ~~ ~ M et5POpvv ~tnrvDSM wn ~1FAC~ Lrut FFNenuN wont vMNwO FOOL FIAFOMO [ddmrvs~c/w(a5 m w sooOFO F1rnMm ut[ YYO~Mtwl H ndW V CWfM. /4l8pfNA[0 AF4a IF4A K Y[slcwlO *O MFN anmMH 0.w4 .VO tI[D/iCAMv6 alr~mi 6NN~4~ WeAU. AMnOm H NE lWlfR, uu F41Nt )b wtpµ w +Ca4gANR 'RM M nc <wIRA<ra N N.cwo.Na «w aT+ s*NO.F9s of ,F r.ECU ev r»I wRN¢a .N, Ne w evF.sc, .AAw~+e.9 Fw 1ws mxn Para K Namm w N[ Ra Fa rw oaRF ~mrs NN.rR.. w, ~»n, 6r ~LF.6~Fa a, .. >,„R,T„pl1 N F~ ~">~..... T6.,R,~,~F i1~.::."...FN ,F.~ F~, .r ~4 m ,~, .~N '°"` ~ww~ ~ M =Aa=<u~F ~ ;~ ~~:.;,,6~.a;,~ N6; E6 F ~ F,: ~, ~I.a.~..~F ta.~,~. F..~ ~ ~P.~~ ,. ~F FrE 1~,~Pk,k~ 2NN a.A,. ~ ~~ :ate ~ a. ~ ~E~~ FMK u.; ~>, FN~F~ ~.~. ~ F~At~.F~P .. M1 womrl.. o.,u: a M1mm swR FwN mam«Arts. A.A6 4rw, nmmA ar<1 wa .: ,>" ~>,~ wwR a a KK. o,. 61RO..a. K..R« «..n „aF .. Fr, ~,~ ~->. Sao ,1 ~,« on.K,.~4E...w.w FR,. sue,. Fuw,~ .w RECORD DRAWINGS ~ -- . r<y.. «.~-- 20'X20 Site Triae J J ~.. BJ _~ F J''_ .._ ,'/Ja'O x ~~JJ4 ~) ~~ ~' i 1) JrsT*/ Jv* In I ~ ' .~ ~ I ~ CN ~ ~GS f~ ~`'JJ I J aJd #JA 9 Fez ~~? a'~J 7 •36 J ~') C`; (~ -~ 0 o eo >o ~ v a*~?~aW JRJ vJ J~o a"I,pO j--- ° , ~ ~ F`FB /M j a'J Js. , `~6'y J ~ *~,, ~~.J nJ a y ~ f~J JJO r~l ~ ;i ~~ ~; J J J as B9 i.. e- F _ _ ~' ~ .. ~. `'J:, t 2' RCP Jim ~ u t 2" RCP _ _-__ Grote Inlet FJ)~ aJ6' A367 ',)Je Grale 3.18 G •JS? HAMDEN DRl ti/E ~ ~ ~"t'Y" LOT CURVE RADIUS LENGTH CHORD 2EARiNG DELTA t Ct(PJ '0.00' 109.55' 98.99' N 39'2730" W 89'59'39" t rt M 70.00 ti0.05' 53.06 N 39'38'1a" W 50'044! CITY OF CLEARWATER. FIARIDA ~'~;~ PUBL[C WORD :w~zNlsrRAT1oH ~A<LL«ALNtkIG DEVON DRIVE PARKING lOT ~~.-~ ENGINEERING ~rurr Nonn6Ai~+ '*REq/ CleGarwalraoYEFI ss~-s _~N~F SITE PLAN 1 GENERAL NOTES I 0~ aCAIE 3 ~ 10' CRFPR(C BCAtE (IN IRETt S 05'32'30" W 150.00' P N .rte _..' ~ ~~~ E 1 Ui l'-' i ~. AA Ins t2 RrP s t.3 m~ ,2° aca N t.zo N , ~ I.. 5n _L___ •=+9' «`••" a/oa I `"` :0oaoae a a d ~_A~ Pte- ~ - -tt; z r- 0 °' LEGAL DESCRIPTION p t0i 1, LESS tHE NEST tt000' HEREOF. BLOCx 0. COLUM&A Sl%d~1SK N, aS REWRDED IH PLAT BOOK 2J. PAGE a0. OE ME PUBLIC RECMtOS OF' PWpya$ ~ a~`rJ COVNtt, RORIOa. :~ ~ t. ^~ .: o ~1~ ~ dl„~,Iry. .~ ~1 .;~~ r...~:. ~ -..._ 1 • ...c ( ~ KEY ® e.ecw snrtwv.... o WxN. nexmu. ~.,, (/\/O 9gbMva viwmxw V emlc9e Oakn \\/ w oa ~~.~~ I~ , i; I~ ii ii ,~ --' ~ ~ ~ ( o -_ ~r ORMNIC 9CAlE (IN FEET) PLANT MATERIAL SCF#OULE ~.•.. x,x. a LINERS. p•-, M 4l~ ,t' 0 < __ ate.<..v •~•i~<j1p >ro.- r b.e w. ne r zz -. <,.. c.es.s°e. `ve.. uin' i~,ti ~~tzetia~ z x • o.•. x w emrs. n zsF v«x,a.,w~ «.«... •«, .: ETM•~a+* ttEax tnHNZ: o . wrs- Ns Norm ax vuw: s• o.c. ,xs 'wa..M `,'~^ oa.« x~x 1 ou...a• Nr: Fuu; x.• oc. sco xiN sl.,.~een.,.« .u ae,.. •r ~..,,: ~ s xix. a one.: ,e'.IS•: xn• oc. .~ . +wFxvl ~•,. sa,o sm, eurtm t xn:m uawx~r. va ec ontw,Nro m w.*w.cr« I ~ I n I a I I , I a ~ a , a li ~ ~ ~- __- S rY 21 ~ Za' ' ; ~ N C ~ Q __ ND ~ ~ ax x ~ N V `I f ~ ~ a .. _- m I ~ ~ _ Iz ~ ~. ~ 20' ~; ~ 0 I 16' ~ le• ~. ~ \ i ' za zo~ zo• i II % vs • ie• ~ zo _ , ~ _ __ a R _ . _.. o L. .r_T. ..__. ~' i > . ~ ~ ~ a w za tc ..__ ...._ _________ °P la ~ '~ ~ s (~ ~ _ _ F: mo ~a / "° ~ II ; I _ i m p ~-~ a 1 I I I ( a. - -- ~ NO a ' ~ - - ~ ~-- v .-- - ~~-----" ~ •~ ~ ~ i~ ~~ ~ ~ ~ •~ ~ ~ JI; , ~ i ~ I ' e Ix ~' \~...Ix ... ~~ - -- - - - - -- - - -- - -- -- - - - -' -- - - - -. ?0' z 20• _ - - - - - - - ._. - ..- - ~r a ~ . - - _~:,. _' .:.. .:- "~ ~~ ,ram p 1 I [~ =1- ~ "m _ Site Tricxn Ir ~-_ x -- ------_ --- . L~'---- r~,GOI HAMDEN DRIVE ;,: ~Y ~ s aeF T~ h V NEGONO pRAWINGS CITY OF CLEARWATER, FIARSDA ~„ ew ,^~°% P~suc WORKS ADMINISTRATION ~®a~ ~,xEN DEVON DRIVE PARKING LOT - w~~ ENGINEERING unuir wonF',cNreN -- too s. aeyrue Awe. W,~" CONCEPTUAL LANDSCAPE ~`"" ~~° REVISION Clearwater, Fl 33758 ey,;, J /J~0 PARK/NG METER TYP/CAL '., µ f 1J CONST 1-1j2° ASPHALT PAVEMENT SEE OETA/L HAND/CAPPED PARKING S/GN ' I ; 3~ CURB TRANS/T/ON INDEX NO 119 I ~ ~ TYP/CAL 12° CRUSHED CONC BASE, & 8' II Z COMPACTED SUBGRADE (SEE CONST STRAIGHT CURB SECTION 1-1 ON SHEET 5 OF ~) /NDEX' NU. 101 I ~ ~ Js J"f ~T _ \_ '?d ' , ~J v i TOP OF BERM ~ ~ ~T? - ~ s°z _;`~_ -~~ ` oz ~ ~~~2 ELEV 5 40 (TYP.) ~ ~' m o e o o scacN~ i' - io' ~ ~ c~ ' CanPHIC 9cA18 (IN PCa'fl 4 ~~ ~ J `?y~ ~ ~ ~~ `9 I Jy . v ~"• ~ JJJ J'2 A~j ~ ~~ ,' t ~ 1111 CONC WHEEL STOPS ~ O 'kh~ a~ ~ "'~ I ~ ~b 9 ,k~/ 'b~" ~ I INDEX NO. 11 i I ,T ~ o I ~ J i ~ ~ r2" CURB sL o r ~~, 4. ssy .~ ~' " J, I v ' 1~ rrP/cat ~ °''9~ °„ "* ~ o ~~J~ `!, 1 ~ o ~ _ MATCH EX/ST/NG CURB ° 1.009 ~ TOP OF BAND( V I I -"^^-- ~, b. h b~ o £LEV 4.0 G i I o 'I ss J> ` `J i J~O J `'c 9 ~ ~ ~NST FDOT TYPE C INLET W/ CAST /RON ~ ~ 4, 2 s h Z GRA TE (/NDfX 232) GRATE ELEV 3 75 'S Js. ~ SLOT ELEV 350 /N'V 15'" RCP NE 1.43 Z C, IF9~ e ~ k6o k ~ `~ 4.35 4.30 OND BUTTON * .? INSTALL FOOT SKIMMER FOR OUTLET QS LEV 2 5 ~ .t a .N%' 1 ~~'s JJSTRUCTURES (INDEX 240) b v ~ / 'Y A Y .p „'~ ~°j % ~' J I' to R~ "i ~p a ~s?~# ~ '„ ~ ~~'o'o ! ' ~ ~ ~ b_ ~ ~ Jyj '"0 ~'~ O ~a a OCONST 4' CON WAGIi ~ ~~ *'"•JOJ ~"-' vt~{~' C!f J `J CONST 6~p CONC APRON`J `r ~ s ° t~Q ~`eJ-- ze -°' ~s ~ JS6J'R ''s2ss a°J~s e 3 ~~ ~ '.r~ ~ __ _. ._ _ ,jy~ - - - - ._..tsy - _. _ _,\ _ - _ _ "~ _ __- ~_ Jr~ _ __-_._-~°-___.FI~12^RCP ar - ~__-_ -L _ ~~ +r"' ' c~___.` __=i2=R~9 -'' 12.' RCP __ MATCH EX/STING CURE \ Grate inlet } ... `J~ "J 'J_ Grate Inlet Grate 3.03 }f ~ ~ : ? 'ass ~JSa ~~~s9 Grate 3.18 Inv 10" VCP W t.00 ^ Vnv 12" RCP S 1.30 I s`' \ Inv 12" RCP N 0.90 ~ ~C}!J! ~~'~ Inv 72" RCP N t.20 ~~nv 72" RCP S 0.85 BREAK INTO INLET JNV 15"' RCP SW 1.20 RfCORD DRAWINGS ___ w> ~ ---~ REb510N ~'yN.•N CITY OF CLEARNATER. F1AR[DA ~; PUBLIC WORKS ADAt[NLSTRATION ENC[NEERINC ~i~ t00 S. NyrUe Ave. f` Ciearvater, Fl 33758 DEVON DRIVE PARKING lOT PAVING, GRADING AND DRAINAGE 0 ~~-=- ~3 ar4s~g Meter ay ucy «'r orking Meter 'aeorwatm 5unah~ne' Cm. Pacers on 6' ~~ Cont. Pod °C~ewwater 5unsnina ~MM. Con. Powers on 6- ~ Suredond SB-10 Conc. Pod Aspbe:t Pevinq Paw fiontl Adhesive _ 6'Cono Curb ~ or Equd APPrcwd Ccxnpxted Sub-Base 5ond dY Gtye P6oject Manager --~ I-d' 1.0. PVC S~eeve AsPbalt Paving 6- Conc. Curb -~ ~~~ PLAN VIEW $EC110N PARKING METER PADS WITH PAVERS SCALE: 1/2"=t' U" .• ora et Ni are. ~ orw wt Ae oN.« t e' t. 1"R I I 1_t/YR wev~nV 4urMa a' 2 weMne 3 R Swlscs ~ J r 3/ R 8oee ~-.-- v a-. ,: Pa+neocM cewmeema s~e~a a /n: i .. ' NOtE: wnen usas en nwn rae °i~oed. exi: eeR o ae y.ttD a~enen n•ora~ moo. m STRAIGHT CURB o:~~,,,~„ °n,..:N: ,"°,..a"`~" ° ro "ro" we^* ', TYPE 1 CllRB e«4 e. r~ NOTES: C~WCNSn Sy~mNrisp _ mero Md a i/Y ieel jrnl eh.«n t onw.ey / - ~ z. co. a.~e .~ ed e~nm` e~`xw c...rtn Gaoa el -/ ` ~w~°9 N»r maan rNnf>c4p. ~~ 3' TRANSi TION AT DRIVES .u.a LMON'°~~"~ - E I I T1'~ _~- _~__ - - ...YAIGY/ EX15J GN OE : !-" GaYPAelep. yyJp;~- _. .... aJ. _ :.... ~ ~ .i ; AT i/1G5°fR1Y (BK' ~ ~ dU1fSY'~II.iY~~ , i.... T..__ .. .~.._..... _. . ... .. ~ .... i ~ NRlEXIS'J awsr O ~, i ~ .wr u•.va sM J.m __ cw.sr rnor :sPE c wwcr ~S~ AWa' WAJE (SEA" IJTj SECTION 1 - t Noy rss scrt r.~s w.e..u S'.v[w K teJ A' J YCeY pV IDY EAST pApC Ar PY101°EIPJY UK ~.. . 5 J 9'- O___._... _._:_.._._...:.. .. ___.. SECTION 2 -2 rim ~~.,, a °,~ey f1i"~ i+,. °.. w A ~ A sI "°' s°^ -g~ cam' s+' _ ~~t~~ . _ .~,,.1_,ga.,ri TYPICA4ORIVEWAY CRO55 SEC11aJ it 9 B PLAN NEW EEep EJ R ,. cw.. ~ ~ L_-- r~ I cJ- «. wa.~ m~a . ~:.tr c..~. ~ a SECllpi 0.-A SECTION 8-8 mss. ti ~ "~7w ~'... . w..... .......4„....,.... ,.r....~ww.~. '~ r sd e 6 ~ eA '~ aoo K Ma n.. m.a .raay. T- ~ ~- F c ~ I ~ b r-3/r ---.~ ~P~ p N w~a tYPE A TWE C RECORD DRAWINGS _ _ ~ CITY OF CLEARWATER, FIIJAtDA ® .'~ ~Ne.e ° 23 ° ro ®~g°~E-N °e t, PUBC.IC WORKS ADMINISTRATION V11ocAi~ueuc DEVON DRIVE PARKING LOT -~ ~»~ '"""'~ "°` sn °` woso» _ g.- ENGINEERING u?iur. NotRwAtroN .ar n NMd "° a os "~` abW ~"" s or e - loo s. uncle Awe. '~"'~" DETAILS v...m REVISION Clearwater. Fl 33756 - ~~~~/--~ -i--l)j ~° «„_I r~ l% NO1E~w1 m+•aw ea » e~yw.m. NANDIGAPPED STALL DETAIL ,~°'~~I Imt01i PonA Bottom EI¢v Const itge C IM¢t (FDOT In Cex 232) '['-6" ~onq x 0'-6" Mign Slot Eie3.25 Cast Iron Crote lep Or inv 15` R C.P t 0 T -ONTR TR R SCALE: t/2"=t' 0' 1~~ .~. a;M ~.~4 ~~, ....~,. ¢.. ~¢ n.~ >wO Y M Y x~le ~ ref .'. 'I I) J 4 I- { wibwfu .M~ /v. HANDIGJ4Pf'ED 51C•~l DETAIL ~ .. C17'Y OF C(EARNATER. FIARIDA PUB11C WORKS ADMINISTRATION ENGINEERING t00 3. Myrt.te Ave. Clearwater, Ft 33958 DEVON DRIVE PARKING LOT DETAILS +~~..J ~.~/ V ~' n NuRRrOAKE CL* OR RRl NEAP r^ SE[ 3PECIi3GATIWS NOTE: e~ SHALL RF PERPENp 10 GROUND %.ANE- SRUNN 91µL SSRAMRi ANp wTHOUT WRVES. NO S:ARMD 'Mt BACXENED rRI1RN5s RURLAR ro PROrECr raEE-- nyuN s urors z Np.-xrP uEru cauARs (8) X . ~EJ+ S1RiP5 0'.ER BVRLW fi SOR SAUCER LO Nqp WATER PLANT PALM 0' 10 Z' ABOI£ fetAIX 3' W)LM. RFSER l0 SREMGATi0N5 (S~z X • BRACES HARED To 2 x . DEN sraros FrNrsn GxnoE i~I~ J ' r (r •M ~~pp I' z •• z a sTA«E ~ y~---- NAmE cai eAannL ax AuENau soR Roo, eAU - ~. f`~ 4~ As REOwREO Rr saR ANALVSs _°~I~.."i_- _ con.PACrcD soR TD PREIENi snru"c REGk~NNG HOLE SHALL BE ~ -- APPryOxWA1LlV I' LARGER MAN ~~ -.... - EASING SlrBCRADE RCOi BALL dAMER:R NOrE. SSARING 8 Gt,VMG REWNED F9R Pµ115 R NECETSART, M AS IXREC*EO 81 *rK LAwOSCAPE ARGMiECt. PALM TREE PLANTING AND STAKING DETAIL Nerrrr } ~ rvEOa r PRw, emx a•nx.oltwee ~e*tirttpTnaRe*e .u /i~ ~ ~ ~~. ,~ ~ .,: 8r2C-~EO. M1AC~ LNlVICB.T ~ ~q ~' :~ 0 -` lNMr•ARtep r'lANT81G 8pL s+ecuRO rnov nnea ~ ~ ~~ E[SLlEN MDDIE xn0 R ; so*ron of toot nus 1 -" r ~ ~-- Exreleu uoraweo wa SHRUB < GROUNDC_O_VER PLANTING DETAIL _ '" i.5. D n --~ "O' e~! 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L«. • wRioa : a.u.~i a` wt~ aamw ee~*r wyxn~a•rwn•e.w. vs•.wrw _ _aECO"o oa~wrNCS - ~ __ .~ CITY OF CLEARXATER, FIARIDA PUBLIC WORKS ADltINLSTRATtO t- ~ ~~i ~ ENGINEERING REVrsroN - 100 S. Myrite Aw. Clearwater, Ft 33758 N ~ ~ DEVON DRIVE PARKING LOT °ePD uLE LaAL °~K .P. " r"a' ~ ~ `"""' EANSCAPE DETAILS /NOTES „N r' SD may! • • ORIGINAL LAND TRANSFER AGREEMENT THIS LAND TRANSFER AGREEMENT (the "Agreement") is made and entered into by and between SUNSPREE GREEN, LLC, a Florida limited liability company (the "Developer"), DAM DEVON LLC, a Connecticut limited liability company("Affiliate")and THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City'}. RECITALS A. Affiliate owns certain real property located in the City of Clearwater, Pinellas County, Florida, described on the attached Exhibit "A" (the "Property'). The Property is presently improved and utilized as a motel. The Property has the following address: 41 Devon Drive, Clearwater Beach, Florida 33767, Parcel ID#08/29/15/17550/002/0011. B. The Developer has received site plan approval for a condominium project to be developed on real property described on the attached Exhibit "B" (the "Project"). C. To facilitate development of the Project, the Community Development Board approved a transfer of 10 residential dwelling units from the Property and 3 residential dwelling units from certain other property to the Project as further described in the site plan approval application ("Development Rights Transfer"). D. Following the Development Rights Transfer, there will be no remaining development entitlements available to the Property. E. Affiliate is an affiliate of the Developer and joins in this Agreement to assure compliance with the covenants of Developer pertaining to the Property. F. Article 4, Division 14 of the City of Clearwater Land Development Regulations impose certain requirements for Development Rights Transfer and this Agreement is executed to set forth certain terms and provisions for the Development Rights Transfer, including the conveyance of the Property to the City. NOW, THEREFORE, for and in consideration of the Recitals which are an integral part of this Agreement and not mere recitals hereto, the sum of Ten and no/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Developer and the City, it is hereby agreed as follows: 1. LAND TRANSFER. 1.1 Transfer. Subject to the conditions hereafter set forth, the Developer and Affiliate agree to transfer and convey to the City, the Property. The Developer and Affiliate agree that the City and its agents, contractors or employees shall have the right to enter upon the Property during the term of this Agreement for the purpose of performing any inspections provided said activities shall not in any way damage or harm the Property and, provided further, all inspections shall be coordinated with Developer so as to prevent any unreasonable interference with Developer and Affiliate's use of the Property. Page 1 Land Transfer Agreement ~~ i J L~...B__ ___ f3 _~,,.~ ~ ~~l OCT 0 6 ~1 V~dAPA4ff~f • I° sa~~ ocrocmos ~~ ORIGINAL s 1.2 Closing Date. Subj~ ~--ar'icf~t,'ortdtfrons of this Agreement, the conveyance of the Property to the City (the "Closing")shall take place in Clearwater, Florida, at the offices of the City attorney, on or before days after satisfaction of the Contingency as provided in Section 3.5 below. 1.3 Property Taxes/Utilities. Developer shall pay all property taxes through the Closing Date and the parties shall cooperate to have the Property removed from the tax rolls as required by Florida law. All utility bills and other expenses relating to the Property shall be paid by Developer. 1.4 Transfer of Development Rights. Prior to Closing, Affiliate shall execute and deliver to Developer a special warranty deed transferring 10 residential dwelling units ("Development Rights")from the Property to the Project ("TDR Deed"). The TDR Deed shall be substantially in the form attached hereto as Exhibit "C"and incorporated herein. Affiliate shall cause the holder of any mortgage on the Property to consent to the transfer of the Development Rights. The TDR Deed shall be recorded in the Public Records of Pinellas County, Florida. The City acknowledges that the Development Rights constitute all of the entitlements allocated to the Property and following the delivery of the TDR Deed, there will be no remaining development entitlements available to the Property. 2. TITLE REQUIREMENTS, SURVEY AND PERMITTED EXCEPTIONS 2.1 Title Evidence. Within twenty (20) days after the Effective Date, the Developer shall provide to the City a commitment for title insurance covering the Property and issued by Chicago Title Insurance Company (the "Title Company'), which commitment (the "Title Commitment")shall agree to issue to the City, upon Closing, an owners title insurance policy insuring the Property without exception for any matters other than the Permitted Exceptions as hereinafter set forth in Section 2.4. 2.2 Survey. Within forty-five days after the Effective Date, Developer at its cost and expense, shall provide to the City a current survey of the Property (the "Survey'). In the event the Survey shows any material encroachments of any improvement upon, from or onto the Property or on any property line or easement, said encroachment shall be deemed to be a title defect and maybe treated as an objection to title bythe City under Section 2.3 hereof. 2.3 Cure of Title Defects. The City or its counsel shall notify the Developer within ten (10) days after receipt of the later of (a) the Title Commitment (together with copies of any and all exceptions noted therein) and (b) the Survey, if the Title Commitment and/or the Survey disclose any defects in the title to the Property other than the Permitted Exceptions. In the event the Title Commitment and/or the Survey disclose any condition which renders the title to the Property anything other than marketable and insurable, subject onlyto the Permitted Exceptions, to which the City objects, City shall give written notice to Developer stating the nature of the objection with specificity and the action required to cure the objection. If within thirty (30) days after receipt of such notice, the Developer shall have been unable to render title marketable and insurable, the City may, at its election, (i) elect to waive the title defect and proceed with the Closing, or (ii) cancel this Agreement whereupon this Agreement shall be deemed terminated, and each of the parties shall be relieved of all further obligations hereunder. 2.4 Permitted Exceptions. The Property shall be conveyed to City subject to no liens, charges or encumbrances of any kind or character other than (i) ad valorem taxes and assessments Page 2 Land Transfer Agreement C:,Dvcumenfs and Settnas~,eshobero:LVCa~ Setir:cs\Tempvr~ ;ntemet Files'=.OLKS`•Docb56;.dorl:aty;4Aae~t`4utdatFYl:~liei.~4si.;nee4~s.3-.88.;rJ-4.1~'~a-~.}.,~ ~. OCT 0 6 200 ORIGINAL for the year of Closing, (ii) zoning ordinances and other governmental rules, regulations and laws affecting the Property, (iii) restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of Columbia Subdivision, as recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, (iv) the restrictions set forth in the TDR Deed; and (v} such other matters as may be approved in writing by the City or title objections waived by the City pursuant to Section 2.3 hereof (collectively, the "Permitted Exceptions"). 3. PROVISIONS WITH RESPECT TO CLOSING 3.1 Possession. Exclusive possession of the Property shall be granted by the Developer to the City on the Closing Date, but with the understanding that the City and/or its agents may enter upon the Property during the entire term of this Agreement in connection with the performance of its inspections. 3.2 Developer's Obligations at Closing. At Closing, the Developer and/or Affiliate, as appropriate, shall do the following: (1) Execute, acknowledge and deliver to the City a Special Warranty Deed (the "Deed")conveying the Propertyto the City, subject only to the Permitted Exceptions, which shall be in statutory form for recording. (2) Execute and deliver to the City a lien and possession affidavit in sufficient form and substance so as to allow the Title Company to remove the construction lien and parties-in- possession exceptions from the title policy. (3) Execute and deliver a certification that Developer is not a foreign person as referred to in Section 7.13 hereof. 3.3 City's Obligations at Closing. Contemporaneously with the performance by the Developer of its obligations set forth in Section 3.2 above, the City shall: (1) Execute and deliver all other documents as may be required by this Agreement. (2) Together with Developer, execute a closing statement in customary form. 3.4 Closing Costs. (1) The Developer shall pay the following costs and expenses in connection with each Closing: (a) All documentary stamps in connection with the conveyance of the Property. (b) Recording fees in connection with the deed. (c) The cost of the Survey. (d) The premium for the City's Owner's Policy in the amount of $100,000.00 and all other title charges. Page 3 Land Transfer Agreement GSDocunrenls and 5ettnasieshooerg~l.oca! Se.[inasiTen~pararv InterneF Fles\pLK6`Doc85&1.decktiFYr!ilaetf~i;Nai€YdtCA~us/~e~~~i-7~3t}•q~3~~-~de- ~ O ocrasmo _._____--___ OR161NAL (e) Its attorney's (2) The City shall pay the following costs and expenses in connection with the Closing: (a} Its attorneys fees. (b) All costs incur-ed by City during the Inspection Period. 3.5 Contingency. Developer's obligation to close under this Agreement is contingent upon the satisfaction of all of the following contingency (the "Contingency'): Approval of this Agreement by the Clearwater City Council on or before , 2005. 4. COVENANTS. WARRANTIES AND REPRESENTATIONS The Developer expressly covenants, warrants and represents to the City the following matters: (1) Compliance With Laws. The Developer has received no written notice addressed to it of any violation of any applicable laws, ordinances, regulations, statutes, rules and restrictions pertaining to and affecting the Property. (2) Rights of Acquisition. No other person, firm, corporation or other entity has any right or option to acquire the Property or any portion thereof. (3) Parties in Possession. There will be at Closing no parties in possession of any portion of the Property, whether as lessees, tenants at sufferance, trespassers or otherwise. (4) Authority of Developer. The Developer has full authority to execute this Agreement, to comply with its terms and to consummate the transactions contemplated herein. The undersigned member of Developer has full power and authority to execute and deliver this Agreement on behalf of Developer and upon such execution and delivery this Agreement shall be binding and enforceable against Developer in accordance with its terms. The execution by the Developer of this Agreement and the consummation by the Developer of the transactions contemplated hereby do not, and will not, constitute a violation of any order, rule or regulation of any court or any federal, state or municipal regulatory body or administrative agency or any other governmental body having jurisdiction over the Developer or any portion of the Property. No approval or consents by third parties, or governmental authorities, are required in order for the Developer to consummate the transactions contemplated hereby. 4.1 No Other Representations. No representation or inducement, whether oral or written, made prior hereto which is not included in this Agreement shall have any force or effect. 4.2 Representations and Warranties. As a condition precedent to the City's obligation to purchase the Property, the covenants, representations and warranties set forth in this Article 4 and elsewhere in this Agreement must be true and correct at the time of Closing, and, unless the Developer shall have otherwise expressly notified the City in writing to the contrary, all representations, covenants and warranties of the Developer contained herein shall be deemed to have been affirmed in their entirety as of the time of Closing. Such covenants, representations and warranties shall not survive Closing. Page 4 Land Transfer Agreement G:+Docain~~ants and Settinasieshobera+Loca: Se:liras\Temoorarv I~terre? Files,OLK51Doc9561.r~eck~~;%~133eI;vi;NatFY~'k:,4ie~aESr~42ae~4~s~A{~~#d-~44~~-a~Lx~a- ~< ~ o~ros~ IGINAL ~ II 11 I~~ 5. PROVISIONS WITH RESPECT TO { 1'IANNRVG ~ 1l~€.C3P~~f'N7 S'srCS 5.1 Default By Developer. In the event 1~~E3~ t~~.'e-~~PIY-with any of its obligations or conditions hereunder for any reason except for (i) any permissible reasons set forth herein or (ii) the Citys default, the City shall have the right to (i}cancel this Agreement, (ii) seek the specific performance of this Agreement. It is expressly provided, however, that the City shall provide the Developer with written notice of any default hereunder which notice shall provide the Developer with a twenty (20) day grace period within which to cure any default of which notice has been given or such longer period of time as is reasonably necessary to cure the default if the nature of the default is such that it cannot be cured within the twenty (20) day grace period and the Developer is diligently and continuously prosecuting such cure to completion but, in no event, longer than ninety (90) days; provided, however, that notwithstanding the foregoing there shall be no notice requirement or curative opportunity in the event the default is a failure by the Developer to close the transaction contemplated by this Agreement on the Closing Date. 5.2 Default By City. In the event the City should fail to consummate the transaction contemplated herein for any reason except for (i) any permissible reasons set forth herein or (ii}the Developer's default, the Developer may seek specific performance of this Agreement. The Developer shall provide the City with written notice of any default hereunder, which notice shall provide the City with a twenty (20) day grace period within which to cure any default of which notice has been given or such longer period of time as is reasonably necessary to cure the default if the nature of the default is such that it cannot be cured within the twenty (20) day grace period and the City is diligently and continuously prosecuting such cure to completion but, in no event, longer than ninety (90) days; provided, however, that notwithstanding the foregoing there shall be no notice requirement or curative opportunity in the event the default is a failure by the City to close the transaction contemplated by this Agreement on the Closing Date. 6. BROKERAGE COMMISSIONS 6.1 Real Estate Brokers. The Developer, Affiliate and the City warrant each to the other that they have not dealt with any real estate broker or salesperson with regards to this transaction. 7. OTHER CONTRACTUAL PROVISIONS 7.1 City intends to convert the Property into a surface parking facility. Developer agrees at its sole cost to demolish and remove the existing buildings on the Property and to construct on the Property a surface parking lot with paving, curbing and driveways. City shall be responsible for (i) preparation of plans for parking lot improvements, (ii) obtaining all permits for such work; and (iii) the installation of parking meters. City shall also be responsible for any landscaping of the Property. Developer agrees to complete all demolition and parking lot improvements within one hundred eighty (180) days after receipt of Notice to Proceed from the City. 7.2 Notices. All notices which are required or permitted hereunder must be in writing and shall be deemed to have been given, delivered or made, as the case maybe (notwithstanding lack of actual receipt by the addressee) (i) upon hand delivery, {ii) three (3) business days after having been deposited in the United States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid, or (iii) one (1) business day after having been deposited with an expedited, overnight courier service (such as by way of example but not limitation, U.S. Express Mail, Federal Express or Purolator), addressed to the party to whom notice is intended to be given at the address set forth below: Page 5 Land Transfer Agreement C 1Documents and 5etTrias4es5oti~erglLOCa! Setlir=gsiTentporary {nterr~et Files',OLKfi\Oocts56t doci?#t~:dlnet#~b3~1aiFY~GFieF7EStl£~ae1r~-AQkd-Ml3' zai9~a- NS2 ^. ~ ~ ORIGINAL Developer: Sunspree Green, LLC 50 North Water Street South Norwalk, CT 06854 Attn: Barry P. Marcus Telephone No. Telecopier No. With Copy to: E. D. (Ed) Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Bums, LLP P. O. Box 1368 Clearwater, FL 33757 Telephone No. (727) 461-1818 Telecopier No. (727) 462-0365 And: Greene & Schermer 1301 Sixth Avenue W, Suite 400 Bradenton, Florida 34205 Attn: Robert F. Greene. Esq. Telephone No. (941) 747-3025 N 941 747 6937 T l i ~'~~~"~ ~ ~ ~r ' ) - e ecop er o. ( (~ ~U t! U City: City of Clearwater d QcT ®~ ~ 112 S. Osceola Avenue Clearwater, FL 33756 Attn: Bill Home PIAMNI~G ~ f}EVtt-~PMI` Nl S'uC Fr:=~ja-~q ~ ('~ Clearwater City Manager ~ , Telephone No. (727) 562-4040 Telecopier No. (727) 562-4052 With Copy to: Pam Akin, Esq. Clearwater City Attorney 112 S. Osceola Avenue Clearwater, FL 33756 Telephone No. (727) 562-4020 Telecopier No. (727) 562-4021 Copies of all notices shall, to the extent practical, be sent by telecopy as well, but a failure to send such a copy shall not constitute a default under the terms of this Agreement nor shall it create a defect in any notice which is otherwise properly given. Any party hereto may, at any time by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given and other parties to whom copies of all notices hereunder shall be sent. 7.3 Entire Agreement. This Agreement embodies and constitutes the entire understanding among the parties with respect to the transaction contemplated herein, and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provision hereof maybe waived, Page 6 Land Transfer Agreement C'.\Dvcunrenis and Settnas''.esnoirerglLvca Settings\Temperar~( Internet Files'~OLKfi1Doc;&5S1.dacK~;%~eft~i,t~dai~YlrF~4ier+dsFlr~4-}~}c#~1,}~~}~ • I~~I ocroe*~ III ORIGINAL modified, amended, discharged orterminat"'a"exc~5t`bye'r~iTrstivirrefit~Trr~avriting signed bythe party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 7.4 Applicable Law, Waiver of Jury Trail. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any litigation between the City and the Developer shall be commenced in a court of competent jurisdiction in Pinellas County, Florida, and both the City and the Developer waive venue outside such county. Both parties waive the right to trial by jury in any legal action arising out of the Agreement or otherwise arising between the parties. 7.5 Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement. 7.6 Assignment/Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. Developer shall have the right to assign this Agreement to an entity under common control with Developer without Cites consent. Any other assignment shall be subject to City's prior written consent which may not be unreasonably withheld or delayed. 7.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts together shall constitute one and the same instrument. 7.8 Interpretation. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and neuter and vice versa. 7.9 Severability. Incase any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect or as applied to any circumstances, such invalidity, illegality or unenforceability shall not affect any other provision hereof or the effect thereof as otherwise applied, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 7.10 Time Extension. Should any period of time specified herein end on a Saturday, Sundayor legal holiday, the period of time shall automaticallybe extended to 5:00 P.M. of the next full business day. 7.11 No Waiver. Neither the failure of either party to exercise any power given such party hereunder or to insist upon strict compliance by the other party with its obligations hereunder, nor any custom or practice of the parties at variance with the terms hereof shall constitute a waiver of either partys right to demand exact compliance with the terms hereof. 7.12 Effective Date. The Effective Date of this Agreement shall be the date on which the latter of the Developer or the City shall have executed the same. 7.13 United States Treasury Regulations-Foreign Corporations. The Developer represents to the City that the Developer is not a "foreign person" as such term is defined in Section 1.897-1(k), United States Treasury Regulations, and that, accordingly, the transactions contemplated in this Agreement are not subject to the withholding requirements imposed by Section 1445 of the United States Internal Revenue Code of 1954, as amended (the "Code"). At the Closing, the Developer agrees to execute and deliver to the City such certifications as the Citys Page 7 Land Transfer Agreement C.:Docunrenis and SatYnas\es?loDe'g1~OCa' SetincsiTeniperary tntemet Files;O~K61Uoc&561..'ock~;6t~;N~ea'vutJ2iFaY7~£GieraaFSi-tBee-'l;?s~-1Ukd-412~,a- • ORIGINAL counsel and Title Company may request in order to insure that the Developer has complied with the requirements of Section 1445 of the Code. 7.14 Construction of Terms. This Agreement shall not be construed more strictlyagainst one party than against the other by virtue of the fact that initial drafts may have been prepared by legal counsel for one of the parties, it being recognized that this Agreement and any related instruments are the product of extensive negotiations between the parties hereto and that both parties hereto have contributed substantially and materially to the final preparation of this Agreement. 7.15 Authority of Parties. The Developer and the City represent to each other that each has full power and authority to enter into and perform this Agreement, all related instruments and the documentation contemplated hereby in accordance with their respective terms and that the delivery and performance of this Agreement, all related instruments and the documentation contemplated hereby have been duly authorized by all necessary action. 7.16 Computation of Time. Whenever this Agreement makes reference to a time period which begins on or lasts for a time "from", "following" or "after" a certain date, it is expressly understood and agreed that the words "from", "following" and "after" do not imply or impute the word "including" so that no such time frames shall include such date. 7.17 Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing maybe obtained from your county public health units. 7.18 Coastal Construction Control Line. Pursuant to Section 161.57, Florida Statutes, City hereby expressly waives and releases Developer from any obligation to provide an affidavit or survey delineating the location of the coastal construction control line on the Property. 7.19 Time of Acceptance. If this Agreement is not fully executed by City on or before 2005, this offer by Developer shall be deemed automaticallywithdrawn. 7.20 Attomeys Fees. In connection with any litigation arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover as costs all of such party's expense incurred in connection therewith, including reasonable attorney's fees at the trial and appellate levels. 7.21 City Authority Preserved. The City's duties, obligations, or responsibilities under any section of this Agreement shall not affect the City's right, duty, obligation, authority and power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerting regulatory approvals except through its established procedures and in accordance with the appli ~ ~#-{~~ D `' ~~ OCT 0 6 ~ { Page 8 ( I i Land Transfer Agreement PLAtVNq~G ~ tir I.UE:w.~s, rs T ;;•~~r C:iDacurnants and SeltLr s~eshober \Loca? Setiinns\Tem arar. 3nternat Files\4LK61DocG561.dochtt :%Ja 1Jat€Yb' 14i~E.I ~ y'i ~ ~ ORIGINAL IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day of April, 2005. Signed, sealed and delivered DEVELOPER: in the presence of: Signature Printed Name Signature Printed Name Signed, sealed and delivered in the presence of: Signature Printed Name Signature Printed Name Attest: By: City Clerk Approved as to form and correctness: Esquire City Attorney #344141 v3 -Sunspree/Land Transfer Agt SUNSPREE GREEN, LLC, a Florida limited liability company By: Greenfield Sunspree, LLC a Delaware limited liability company Managing Member By. Name: Barry P. Marcus Title: Senior Vice President AFFILIATE: DAM DEVON LLC, a Connecticut limited liability company By: David A. Mack Manager CITY: THE CITY OF CLEARWATER, FLORIDA a Florida municipal corporation By: Name: Title: Mayor Page 9 Land Transfer A reement 9 C 4Documenis and Sett!ngs:esnooera!.LOCaI Se.tingsl7empora~ Internet Fi4eslOLK6`,Doc&561.doc4,?t~:+isaei~~i:Pdai~Y-H~Ger+ESFdQes4~s3-3&~d-~WB~-a~17a- ~ ~ li ~ ~ 3 i a {~ , ,~"6K t .t•. y Page 10 Land Transfer Agreement C 1Docume~ts and Sett+ngs~esnobe~a'LOCa~ ~e~ ires\Tempor~ I~terret FilesiOLK6`DOC8561 docf3EYt~-%ltaet~aHaVata~6lie~tst-1C~as1~s3-463-4182-aa~kei- EXHIBIT "A" ®~ LEGAL DESCRIPTION Lot 1, less the West 110 feet thereof, Block B, COLUMBIA SUBDIVISION, according to the map or plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida. D u-~ ~.~~j ~.:; OCT 0 {~ ~ ~_~ IANNr1uG 9, 4 ;-:i.O~t~ ~ . r f :.~ Page 11 Land Transfer Agreement C 10oc~~menls and Settnas+esnoberalLOCaI SeitinasiTemoararv Internet l=ilex'~,OLK6~Doc8561.doct?;Fr}+/+~e('yuNaf~Fi66'~iie~~istt~eca~s3-7G-td1W§.?.ac+ta- EXHIBIT "B" PROJECT [SUNSPREE LEGAL DESCRIPTION] ORIGINAL OCT 0 6 IJwI~a+~G~ v~t.n~~r~~rrsuC; --- ~~~Y~~F~'''.4RJA_~'E3. Page 12 Land Transfer Agreement C:~Documents and Settinpsleshoberp4Locat SettinpstTen~nararv Internet FilesOLK6iDoc6561.deck~ki:~la~et€yiiNc~tF1G~GIieF~FSrI{d~g4rU3-7~1+~~W~~atl.ae- ~ ~ ORIGINAL Summary and Drainage Narrative for 41 Devon Street ParkinE Lot The proposed construction activities consist of the following: • Removal of 16,170 S.F. of existing impervious area. • Construction of 9311 S.F. of impervious area • This results in a net decrease of impervious area of 6859 S.F. • Construction of a stormwater treatment pond to provide %2" water quality treatment over the entire site. Quantity attenuation is not required due to the substantial decrease in impervious area. The property is located on Clearwater beach and is being transferred to the City of Clearwater. The land transfer agreement will be entered by SLTNSPREE GREEN, LLC, DAM DEVON LLC and the City of Clearwater. The development rights from this property have been transferred and will leave no remaining development rights for this property. As part of the agreement, the City intends to convert the property into a surface parking facility. The developer agrees at its sole cost to demolish and remove the existing building on the Property and to construct on the Property a surface parking lot with paving, curbing and driveways. FLD2005-08089 41 DEVON DR Date Received: 08/25/2005 CITY OF CLEARWATER ZONING DISTRICT: T LAND USE: ~~FH ATLAS PAGE: 276A PLANNER OF F~ECORD: WW CLW CoverSheet ~f2C 9/~~ FLD2005-08089 41 DEVON DR Date Received: 08125/2005 CITY OF CLEARWAT~R ZONING DIST~;ICT: T LAND USA: RFH ATLAS PAGE: 276A PLANNER OF RECORD: CLW CoverSheet f ~ ~ CITY OF ~LEARWATER LONG RANGE PLANNING DEVELOPMENT REVIEW November 16, 2005 Mr. Elliot Shoberg Engineering Department, City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 33756 RE: Development Order - FLD2005-08089 - 41 Devon Drive Dear Mr. Shoberg: This letter constitutes a Development Order pursuant to Section 4-206.D.6 of the Community Development Code. On November 15, 2005, the Community Development Board reviewed your request for Flexible Development approval to permit a parking lot in the Tourist (T) District with a reduction to the minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along First Street) setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Devon Drive/Hamden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. The Community Development Board (CDB) APPROVED the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infili Redevelopment Project per Section 2-803.C; 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3. The development is compatible with the surrounding area. Conditions of Approval: 1. That any future lighting of the property obtain all required electric permits, be coordinated with site landscaping and all on-site electric lines be placed underground; 2. That landscaping within the right-of--way obtain aright-of--way use permit from the Engineering Department prior to the issuance of any permits; and 3. That, prior to the issuance of any permits, all existing trees be shown on the survey and site plans. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (November 15, 2006). All required certificates of occupancy shall be obtained within two years of the date of issuance of the building permit. Time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. BILL JONSON, ~IK;G-IbfAYOR ~OYI' }HAMILTON, COUNC^ titEMBL:R FRANK H13RARD, Pd1AYOR ,~OHN DORAN~, EOiINCI~T(E61I3GR CARI,t:N ~. PETF,RSt;N, COUNCILNEDIRF.R ~BQUAL EMPLOYMEN"I' AND AFFIItMATNi: AC'I'lON IMPLOYIiR November 16, 2005 Shoberg -Page 2 • The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. Additionally.. an appea] of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-502.B by the applicant or by any person granted party status within 14 days of the date of the CDB meeting. The filing of an applicationinotice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on December 2, 2005 (14 days from the date of the CDB meeting). If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.mycleaT~uater.com/ og v/depts/planning. *Make Us Your Favorite! Sincerel , G- -° . Micha De k, A CP Planning Director S:IPlnnnii7g DeprrilmentiC D BIFLEX (FLD)Ilnaetive or Finished ApplientionslDevon 41 City ojClenrwnter (T) - ApprovedtDevon 4/ Development Order.doe ~ ~ Wells, Wayne From: Shoberg, Elliot E. Sent: Monday, November 14, 2005 8:14 AM To: Wells, Wayne Cc: Rice, Scott Subject: RE: FLD2005-08089, 41 Devon Drive The conditions of approval are acceptable. Thanks Elliot -----Original Message----- From: Wells, Wayne Sent: Sunday, November 13, 2005 4:25 PM To: Shoberg, Elliot E. Subject: FLD2005-08089, 41 Devon Drive Elliot - I dropped off last week to you a copy of the Staff Report for the above referenced project, scheduled for public hearing by the Community Development Board at 1:00 pm on Tuesday, November 15, 2005. To be placed on the consent agenda for this meeting, please indicate to me by noon, Monday, November 14, 2005, that the conditions of approval are acceptable. Thanks. Wayne • • Wells, Wayne From: Wells, Wayne Sent: Sunday, November 13, 2005 4:25 PM To: Shoberg, Elliot E. Subject: FLD2005-08089, 41 Devon Drive Elliot - I dropped off last week to you a copy of the Staff Report for the above referenced project, scheduled for public hearing by the Community Development Board at 1:00 pm on Tuesday, November 15, 2005. To be placed on the consent agenda for this meeting, please indicate to me by noon, Monday, November 14, 2005, that the conditions of approval are acceptable. Thanks. Wayne _' LEARWATER PLf~/NN/ INC DEPARTMENT POST OFFICE BOX 4748, CLEARWA"I"ER~ FLORIDA 3375f3-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH t'btYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 Fax (727) 562-4865 LONG RANGE PIANNING DEVELOPMENT REVIEW November 3, 2005 Mr. Elliot Shoberg City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Re: Community Development Board Meeting (Case No. FLD2005-08089) Dear Mr. Shoberg: The Case No. FLD2005-08089 for Flexible Development approval to permit a parking lot in the Tourist (T) District with a reduction to minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along Devon Drive/First Avenue) setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Hamden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive Infili Redevelopment Project, under the provisions of Section 2-803.C, for property located at 41 Devon Drive, has been scheduled to be reviewed by the Community Development Board on November 15, 2005. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3~`' floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4504. Sincerely, Wayn M. Wells, AICP Planner III S: IPtnnnang DepnrtrnentiC D BIFLFX (FLD)IPending cases) Up for the next CDBiDevon 41 City of Clenrwnter ('I~ l L 15.05 CDB - WWIDevon 4l CDB Getter.doc Btt_(. JoN~soN, Vu:r -~'iAYOR HOtC ~A~ti1I1:CON, COUNGft.tulE'~1I1ER ao}~=; ?~OR-tr., C<~ImaL~IE>Ii3eR (~a~i~:n r1. ~>TTr~~-e., Co~Nat.~(Ti~tai~R `~~;QUA(. 1:MP[.OY~91?N'C ANl`) f~FFIRMA"i~iVti l~CI10~1 EMPLO~'1?R~~ • • Wells, Wayne From: Wells, Wayne Sent: Tuesday, September 27, 2005 1:36 PM To: Shoberg, Elliot E. Subject: Draft 9.29.05 DRC comments Elliot - Attached are the draft 9.29.05 DRC comments (11:35 am). Wayne draft 9.29.05 dre action agend... =, ~ CITY OF CLE~RWATER ea~ater PLANNING DEPARTMENT '= MUNICIPAL SERVICES BUILDING '~' 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 3376 TELEPHONE: (727) 562-4567 FAX: (727) 562-457Ei WWW.MYCLEARWATER.COM September 07, 2005 Elliot Shoberg Po Box 4748 Clearwater, Fl 33758-4748 RE: FLD2005-08089 -- 41 DEVON DR -- Letter of Completeness Dear Elliot Shoberg The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-08089. After a preliminary review of the submitted documents, staff has determined that the application is Complete. The Development Review Committee (DRC) will review the application for sufficiency on September 29, 2005, in the Planning Department conference room -Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments maybe generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne. Wells@myciearwater.com. Sincerely yours, ~ ~ ~. w~~ Wayne Wells, AICP Planner III Letter of Completeness - FGD~005-08089 - 41 DEMON DR • Welis, Wayne From: Wells, Wayne Sent: Wednesday, September 07, 2005 2:14 PM To: Shoberg, Elliot E. Cc: Carrier, AI; Rice, Scott; Thompson, Neil; Watkins, Sherry Subject: FLD2005-08089, 41 Devon Drive Elliot - Attached is a Letter of Completeness for the above project, so that it may be placed on the September 29, 2005, DRC agenda. All items on the Letter of Incompleteness, dated August 30, 2005, still needing to be addressed needs to be submitted (one original and 14 copies of all revised application material) to Planning as soon as possible so that these revisions can be routed to all departments. All existing materials submitted are being routed today. Wayne letter of ~mpleteness 9.7.05.. M 'Clearwater August 30, 2005 Elliot Shoberg Po Box 4748 Clearwater, Fl 33758-4748 ~ CITY OF CLE~RWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727} 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER.COM RE: FLD2005-08089 -- 41 DEVON DR -- Letter of Incompleteness Dear Elliot Shoberg The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-08089. After a preliminary review of the submitted documents, staff has determined that the application is Incomplete with the following comments. 1. Revise the address on the first page of the application and on all sheets of the plan sheets from "Devon Street" to "Devon Drive." The correct address is 41 Devon Drive. 2. Pinellas County Property Appraiser indicates the property owner as Dam Devon LLC, not the City of Clearwater. If the City is the current owner, submit a copy of the recorded deed. If the land transfer has not been completed, revise the application to indicate the current owner and submit a completed Affidavit to Authorize Agent, signed by the current owner, and designating Elliot as the representative. 3. Application needs to be signed at the bottom of page 6 by the property owner or representative. 4. Provide drainage calculations, signed by a Florida Registered Professional Engineer (three sets). 5. Al] plans need to be signed and sealed by a Florida Registered Professional Engineer (one original set, all others maybe copies of this signed and sealed set). 6. On Page 4 of the application: 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. 7. Submit one original (signed and sealed) survey. 8. Sheet 3/8 -Provide dimensions from ail property lines to the edge of pavement. 9. Provide the location of all outdoor lighting fixtures or notes regarding same. 10. Survey submitted indicates "Hamilton Drive" to the east of the property, yet the site plan set indicates this roadway as "Hamden Drive." Which is correct? If survey is in error, revise survey. If site plan set is in error, revise site plan set. 11. Show on Sheet 7/8 the sight visibility triangles. LPt1~r of Incompleteness - F"LD2005-0&p89 - ~1 /DEVON DR r LL ~ CITY OF CL~~RVVATER PLANNING DEPARTMENT ~~~ ea~ater - MUNICIPAL SERVICES BUILDING `~ 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 WWW.MYCLEARWATERCOM August 30, 2005 12. On Page 6 of the application: 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 ail intersections identified in the Scoping Meeting. Traffic Impact Study is not required. ............_._.._ Section 4-202 of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit by 10 am on September 6, 2005. If you have any questions, please do not hesitate to contact me at 727-562-4504 or W ayne. W ells@myclearwater.com. Sincerely yours, ~ ~. mac. ~.,~~~ Way Wells Planner III Letter of Incanpleteness - FLD2005-08089 - 41 DEVON DR • • Wells, Wayne From: Wells, Wayne Sent: Tuesday, August 30, 2005 10:15 AM To: Shoberg, Elliot E. Subject: FLD2005-08089, 41 Devon Drive, Letter of Incompleteness letter of completeness 8.30.. Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Monday, November 14, 2005 2:00 PM To: 'Nick Fri' Cc: Delk, Michael; Clayton, Gina; Thompson, Neil; Rice, Scott Subject: RE: 41 Devon Dr. Nick - This property was part of the approval of the project at 715 S. Gulfview Blvd {Holiday Inn Sunspree). All of the development rights were transferred from 41 Devon Dr. to 715 S. Gulfview Blvd. Under those approvals, the developer will deed 41 Devon Drive to the City and construct the parking lot improvements at no cost to the City. The City has the responsibility to design the parking lot and to obtain all construction permits {which this request is part of this process). That's the plan today. There have been some people that have come in to discuss additional development in this block, with the possibility of incorporating the 41 Devon Dr. property into the overall development design for this larger part of the block. However, the property at 41 Devon Dr. does not provide any density or floor area ratio (since it has all been transferred off). In any such future scenario, the opportunity to have more public parking than what this lot produces (25 spaces) would have to be weighed and reviewed as to the benefits to the City. But...this is in the future (if such occurs). Wayne -----Original Message----- From: Nick Fri [mailto:natbeach@tampabay.rr.com] Sent: Monday, November 14, 2005 12:31 PM To: Wells, Wayne Subject: 41 Devon Dr. Hi Wayne, it is not our purview, but what is the future plan for this property? Thanks, Nick 11 / 14/2005 n ORIGINAL CDB Meeting Date: Case Number: Agenda Item: Owner: Applicant: Representative: Address: November 15 2005 FLD2005-08089 D6 Dam Devon LLC City of Clearwater Mr. Elliot Shoberg, City of Clearwater 41 Devon Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a parking lot in the Tourist (T) District with a reduction to the minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along First Street) setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Devon Drive/Hamden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.C. EXISTING ZONING/ Tourist (T) District; Residential Facilities High (RFH) Category LAND USE: PROPERTY SIZE: 0.38 acres PROPERTY USE: Current Use: Overnight accommodation use of 20 rooms/units Proposed Use: Public parking lot for 25 parking spaces ADJACENT ZONING/ North: Tourist District; Overnight accommodation uses LAND USES: East: Low Medium Density Residential District; Detached dwellings South: Tourist District; Overnight accommodation uses West: Tourist District; Overnight accommodation uses CHARACTER OF THE IMMEDIATE VICINITY: The area to the north, west and south is atourist-dominated area of overnight accommodation uses. Detached dwellings are located to the east along Devon Drive. Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 1 of 7 • • ANALYSIS: Site Location and Existing Conditions: The 0.38 acres is located at the southwest corner of First Street and Devon Drive. The site is a corner lot with dimensions of 110 feet by 150 feet. The site is currently developed with the two-story, 20-room Sea Air Motel overnight accommodation use. The existing building and other site improvements will be demolished. On April 19, 2005, the Community Development Board approved Case Nos. FLD2005- 01U16/TDR2005-01017/PLT2005-00002 for the property at 715 South Gulfview Boulevard. Included in that application was the Transfer of Development Rights of 10 dwelling units from 41 Devon Drive (representing all development potential). The Development Order included the following condition: "That the applicant convey, at no cost to the City, to the City of Clearwater the property located at 41 Devon Drive upon the earlier of (a) 45 days after the applicant's receipt of notice from the City or (b) the date a building permit is issued for the construction of the improvements for this site. The applicant shall demolish, at no cost to the City, all site improvements within 30 days notice from the City. The applicant shall construct, at no cost to the City, a parking lot on the property, after the City obtains all necessary design approvals and permits (any meters shall be the responsibility of the City)." Properties to the north, west and south are developed with overnight accommodation uses. The properties to the east along Devon Drive are developed with detached dwellings, which are zoned Low Medium Density Residential (LMDR) District and are not part of Beach by Design. Proposal: The proposal includes the construction of a 25-space public parking lot. The purpose of this City request is to comply with the above condition of approval to obtain design approval of the parking lot prior to obtaining construction permits. The parking lot will have driveways on the north and the east, with parking spaces connecting these driveways in an "L" shaped parking lot. Ali parking spaces will be individually metered. Anew public sidewalk within the rights-of--way will be constructed, increasing pedestrian safety adjacent to this site. The proposal includes a request for a reduction to the minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along First Street) setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Devon Drive/Hamden Drive) setback from 25 feet to 15 feet (to pavement). With regard to the lot area reduction, this use is deemed a "parking garages and lots," which requires a 20,000 square-foot lot area. Since the property is being deeded to the City at no cost for the purpose of a parking lot, and adjacent properties are currently developed, the City does not have any ability to gain additional property except through purchase, which is unlikely given existing circumstances. The existing motel on the property is located with buildings as close as 10 feet to the front property line and five feet to the side property lines. Parking for the existing motel is located either in the right-of--way or on-site, but in both cases require vehicles to back into the right-of--way for maneuvering. The proposed parking lot locates the pavement of the parking lot a minimum of 15 feet from the street rights-of--way and 10 feet to the south and west side property lines. These proposed front and side setbacks exceed or are consistent with the setbacks of many uses recently approved within the Tourist District (attached dwellings and overnight accommodation uses). The proposed parking lot is compatible with the surrounding development and will provide needed public parking on the beach. Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 2 of 7 • • With the removal of the existing buildings and parking that backs into the rights-of--way, coupled with the proposed setbacks, the site will have a very open appearance from that today. A retention pond is proposed in the northeast corner of the parking lot adjacent to the rights-of--way. Landscaping will soften the parking lot appearance along all edges and include live oak and cabbage palm trees, viburnum shrubs and beach sunflower and white fountain grass groundcovers. Prior to the issuance of construction permits for this parking lot, all existing trees need to be shown on the survey and construction plans. Aright-of--way use permit from the Engineering Department will be required to be obtained prior to the issuance of any permits for landscaping within the right-of--way. While lighting of the property is anticipated in the future, the location of light poles need to be coordinated with proposed canopies to avoid shielding of the lights. Underground electric is required for this future lighting, as well as electric permits. All applicable Code requirements and criteria including, but not limited to, General Applicability criteria (Section 3-913) and Comprehensive Infill Redevelopment Project criteria (Section 2- 803.C) have been met. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 3 of 7 COMPLIANCE WITH STANDARDS AND CRITERIA: (Sections 2-801.1 and 2-803): _ _- STANDARD PROPOSED CONSISTENT , INCONSISTENT MAXIMUM 25 space parking lot (a) X DENSITY (40 rooms/units per acre; 30 dwelling units per acre) (14 roomslunits or 10 dwellings maximum IMPERVIOUS 0.57 X SURFACE RATIO ISR) 0.95 LOT AREA (20,000 0.38 acres; 16,500 square feet (b} X* s .feet LOT WIDTH (100 North: 100 feet X feet East: 150 feet FRONT SETBACK North: 15 feet (to pavement) X* 15 - 25 feet East: 15 feet to avement) REAR SETBACK N/A (corner lots have two front and X 10-20 feet two side setbacks) SIDE SETBACK South: 10 feet (to pavement) X 10 feet West: 10 feet (to avement) HEIGHT (50 feet Zero feet (surface parking lot) X maximum PARKING SPACES 25 spaces X n/a) (a) Based on 0.355 acres represented in the review and approval of FLD2005-01016/TDR2005-01017, all development potential was transferred to 715 South Guifview Boulevard. (b) The property was represented in the review and approval of FLD2005-01016/TDR2005-01017 as 0.355 acres. * See discussion under Analysis. Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 4 of 7 • • COMPLIANCE WITH COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBILITY CRITERIA (Section 2-803.C): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for X development is otherwise impractical without deviations from the use, intensit and develo ment standards. 2. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will not reduce the fair market value of abuttin ro erties. 3. The uses within the Comprehensive Infill Redevelopment Project are X otherwise ermitted in the Cit of Clearwater. 4. The use or mix of uses within the Comprehensive Infill X Redevelo ment Project are com atible with ad'acent land uses. 5. The development of the parcel proposed for development as a X Comprehensive Infill Redevelopment Project will upgrade the '' immediate vicinit of the arcel ro osed for develo ment. 6. The design of the proposed Comprehensive Infill Redevelopment X Project creates a form and function that enhances the community ', character of the immediate vicinity of the parcel proposed for develo ment and the Cit of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off- X street parking are justified by the benefits to community character and ~ the immediate vicinity of the parcel proposed for development and the Cit of Clearwater as a whole. 8. Adequate off-street parking in the immediate vicinity according to the X shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel ro osed for develo ment. 9. The design of all buildings complies with the Tourist District design X uidelines in Division 5 of Article 3. COMPLIANCE WITH GENERAL STANDARDS Section 3-913 Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, X covera e, densit and character of ad'acent ro erties. 2. Development will not hinder or discourage development and use of X ad'acent land and buildin s or si ificantl im air the value thereof. 3. Development will not adversely affect the health or safety of persons X residin or workin in the nei hborhood. 4. Develo ment is deli ned to minimize traffic con estion. X 5. Development is consistent with the community character of the X immediate vicinit . '~ 6. Design of the proposed development minimizes adverse effects, X including visual, acoustic and olfactory and hours of operation impacts on ad'acent ro erties. Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 5 of 7 • • FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDINGS OF FACT 1. The subject 0.38 acres is located within the Small Motel District of Beach by Design; 2. The current use of the site is fora 20-room motel (which is nonconforming to current density maximums of 14 rooms or 10 dwelling units); 3. The proposal includes the demolition of the existing motel building and all existing site improvements; 4. Based on 0.355 acres represented in the review and approval of FLD2005- 01016/TDR2005-01017, all development potential for this parcel was transferred to 715 South Gulfview Boulevard; 5. The proposal is to construct a 25-space public parking lot; 6. The lot area is 16,500 square feet, which requires a reduction from the 20,000 square feet required; 7. Setback reductions to pavement are consistent with the setbacks of many uses recently approved within the Tourist District (attached dwellings and overnight accommodation uses); 8. The impervious surface ratio will reduce from the current 0.98 to the proposed 0.57, allowing for a significant increase in landscaped areas; 9. The proposal is compatible with the surrounding development and will provide needed public parking on the beach; and 10. There are no active code enforcement cases for the parcel. CONCLUSIONS OF LAW 1. Staff concludes that the proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2. Staff further concludes that the proposal is in compliance with the General Applicability criteria per Section 3-913 and the other standards of the Code; and 3. Based on the above findings and proposed conditions, Staff recommends approval of this application. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on September 29, 2005. The Planning Department recommends APPROVAL for the Flexible Development application to permit a parking lot in the Tourist (T) District with a reduction to the minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along First Street) setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Devon Drive/Hamden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, for the site at 41 Devon Drive with the following bases and conditions: Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 6 of 7 • • Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive Infill Redevelopment Project per Section 2-803.C; 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3. The development is compatible with the surrounding area. Conditions of Approval: 1. That any future lighting of the property obtain all required electric permits, be coordinated with site landscaping and all on-site electric lines be placed underground; 2. That landscaping within the right-of--way obtain a right-of--way use permit from the Engineering Department prior to the issuance of any permits; and 3. That, prior to the issuance of any permits, all existing trees be shown on the survey and site plans. Prepared by: Planning Department Staff: ~___~~~~X,D Wayne .Wells, AICP, Planner III ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S: IPlnnning DepnrtmentlC D B~FLEX (FLD)IPen~ling cases) Up for the next CDBIDevon 41 City of Clearwater (T) / /. /S.OS CDB - WWIDevon 41 Staff Report.tloc Staff Report -Community Development Board -November 15, 2005 Case FLD2005-08089 -Page 7 of 7 • • O 6AY AVAIaJ Kd ~~z $r ~a (n 8 7N~A anm~ &AYAgNT S< f W ~a~ ~<~~ ~~N ppiM ~ o PAPAYA ST 6E k ~ ooR'~ vwssA o ~ < ~ f g '~ 7 n a ` ~ ~ O Ceus~ ~w WMpYARO P E PROJECT SR SITE o ,~i 0 ffi ~ ~~ 7NtRD S7 ~ o 0 s g 9} U~ ~tiq{T WATER GR ~ BAYSIOE Y s ~~v /~~~ ~ ~~ B4VP `~~e ~ r Aa ss location Map Owner. Dam Devon LLC Case: FLD2005-08089 Site: ~ 41 DevOrt Drive Property SizeiAcresj: 0.38 PIN: 08/29/15117550/002/0011 Atlas Page: 276A • . ~. , a,a , ~ _ ~ N r ~ ~`F~ _A ^, k,4~ ; "''~ _~* Ham- ' yf ~~ • ,~~ .~ r , * ~ ~-~rnmm m • ... ~ ,. .tom .` ~ 3~ ~ ~ ~ '1R'A"1,~ ~t ~ ~ "" t• , '~ ~~ 5 Y ~ ` ~ - - i~ T ~ ~ ' ~ ~ ,; ~ r• r 'C F ~ ~~ J . - e ' ~ , ~,: ~'t ~ o n ~ ~f~ -! a~ t~ .r, _ iir~ J~ ! J ~ ` 5'. ~. . •~ ' ~ ~ i ~: ~. t~~~ ' ~ ~ - - , J ~,. i * ~ g ',~ ;fi r!, • + a - .: !. ,i ' • 'f ~~ ~ . ~ s A ~ 4 ~ ~ e !, ~ ~ ... -, ~.:: .. . ` .-w. ,. J n • .. \. Y~ ~~' ~ ~ . u ~ . ~.- _ Aerial Map Owner: Dam Devon LLC Case: FLD2005-08089 Site: 41 Devon Drive Property 0.38 Size~Acres): PIN: 08/29/15/17550/002/0011 Atlas Page: 276A • • e r '~ Q $ ° w r o w C-_ .I I -- I__~ '-I 100 ;- ; ~~,-- ___ 1° ~ P I r I h I r---' I ---r,ai..~ I I L I , ~ '- , I ---- 1 1 100 I I 1 1 -- ~ F/RST ST 105 ~--i -_, ~ -~ 9D _ :1 I osiR I----__ - ~ ~--_ I , o I _ a~D r- I ~,~ / 1 I ' ° ~ '~ LMDR Q I 213 ~ ~/ ; ` ~15 1 j 2 ^ \ ~ ~~ /r`~ / _-1 --- ~ 17 ~ ~ ~ % f i 218 ` ' I - ~ _I ~ 1 - 2 i ^ `^6/ /' \i ~ 219 ~ > -- - L ' JI I ~` ~ I ~."`~/ 1 1 I`--~ ----I -~-- 2241 I t 1----- I ~~`o I ~ r ~~ I I 1 1 I ~p ti l ~ ^ fr r--_--i 1 I 1 i 1 i % S~ ,~ ~~ L .i~ i ^ M `-~-,~---~D 1229 I r----- ?2~ ~ ! ~~~/ \ / ~ ~ ry ~_,/ n mss./ / .. `____--- 1 ~ ~-_ __J v G / 1^ ~ .~/ / - ~ ~ _~ - I I r--- TH/RD ST ~ \ A __ -.-, - 1301 I -~ Q ~ 2 _ L__i ._ I~ I - I ---~ I _ r- i- ~ I'-- 301 ~I .roo~ 51 r- ~ `_ ~ 3d5--- i_; ---'.. i I I (305- ` ~ i _ 1 ~ - 1 r_I `'~ ` I 31 ~ 312 7 -_ -- -- 1 1 31~ 1 --i 316 I I ~I ! I'-~ 113---.. I~~ ~/ 3191'---1 1 13~ i- ' 1317 I__ ~~ B I I 111 - - 1 - ~ - ~ ~l 1 _ i Zoning Map Owner. Dam Devon LLC Case: FLD2005-08089 Site: 41 Devon Drive 'Property 0.38 Size (Acres) PIN: 08/29/15/17550/002/0011 Atlas Page: 276A • • ~1~..~ Pier 60 City Marina ~ q e ~ ~ .1 ~ -- I__~ --~ n foo ; - ~ ~ ye1-- _ , fo1 ~ - $17111--~ - -r1w_~ i h g cIa11}11~odatio ' ; __ 1~ ac~o moNations ~ ; 90 105 L-~ --, F/RST ST \ _, - C ~- _` ~dcltg ~ , _ s~~ aJo ~ ~ s ' ^~`, . ~ I ~ ~ j 0 ~~ i i ~ ___ ~~ r O ~- ~~ 1Qet , -~ d ~'., ~ ' ( Z ~ --i'---~ L ~ ~.i ~ ~@rIl} t 'r 213 ~ ^~i . ~/ i ~ i ''\ ~ y ~15 - _ __ ^ci f ~ i 218 ~, ~ ~ ~ cppo11>~ ---, ~ .~, e c ~ •~ ^ , 219 X-_- ' ` ~ , ti ~, ~lli ~s~, ; ~_' _~ ~,, ~ yeriZ~rght-~; ~ ~ ~ ~ ,-~, o ~ ~ __ _ p _, 224 ~ 1 ~ ~ ~ ~ 1 i-__- ~~ ~ "`1`~ ~ ~J~n iC A w ~" ~ O ' ~' ' ~ °' ' ' ll ~ ~ ~, n . d ~_ ~___ _ ;229 ~ ~ ~~ a Comm 2 ~ ---~ i>"./~ ~ ~ v < ~-~ , . --- ---- o ~'~ eta ~ ~,._ ~ i~lgs - lrr -----, _ ~-__r ti_ , Vf1id#1g 3UD ~'-- / 251 ~_ ccom~o at~~n~ 30> ~~ ~~ _ R may„ t ~ ___,, ~ ~ a7b , ; ~~-- - ~ _ ~ i_i -_r' L_--.- ~ 1 -- ' ~ ~ ~~_ r ~ ~9 I _ ~~ ~'~- l..- 1 ~ 1-~ r R'~~taura>irt 8'2 - , ~ 81r~te>~aitl-J 316 o~`ati-' 3191--J 1 ~ 317 ~_ ~ _ ^~^J 6 1-_ X320 l r--,.- _~ ~-r_ ~ Existing Surrounding Uses Map Owner. a Dam Devon LLC Case: FLD2005-08089 Site: ~ 41 Devon Drive 'Property 0.38 Size(Acres): PIN: 08/29/15/17550/002/0011 Atlas Page: 276A • View looking southwest at subject property from corner of Devon Drive and Hamden Drive View looking northwest from Hamden Drive of overnight accommodations to the south of subject property 41 Devon Drive • View looking northwest at subject property from Hamden Drive View looking northeast from Hamden Drive of detached dwelling to the east of subject property Page 1 of 2 FLD2005-08089 • • .: _ ;., t ,~ ...... "'" - ., ~._ .._ View looking northwest from corner of Devon Drive and Hamden Drive at property across Devon Drive View looking south from Devon Drive at property directly west of subject property 41 Devon Drive FLD2005-08089 ~``' - - _ ~ __ _ n ~~~ ,..~ - ~:, e .. ~. View looking north from Devon Drive at property to the northwest of subject property ~- two.. View looking southwest from Devon Drive at property directly west of subject property and at property west of Coronado Drive Page 2 of 2 ~~ gEAL~ , _ ,~,, x~ `~: ~~ _`~+ . 4`: ~~ `6`;;~~EA,;~4' ; Conditions Associated With FLD2005-08089 41 DEVON DR Landscape Wayne Wells, AICP 727-562-4504 09/23/2005 10/11 /05 - W W Include as a potential condition of approval in the Staff Report. 9/23/05 - W W Any proposed landscaping in the right-of-way will require aright-of-way use permit from the Engineering Department. Land Resource Condition Rick Albee 727-562-4741 09/22/2005 The tree survey is incomplete, show all of the trees on site prior to building permit. Zoning Condition Wayne Wells, AICP 727-562-4504 08/30/2005 10111 /05 - W W Include as a potential condition of approval in the Staff Report. 9/30105 - W W Provide the location of all outdoor lighting fixtures or notes regarding same. Outdoor lighting fixtures should be coordinated with proposed landscaping. Not Met Not Met Not Met CaseConditons Print Date: 10111!2005 Page 1 of 1 • • Wells, Wayne From: Sent: To: Subject ~~ existing.doc Kambourolias, Sam Wednesday, October 19, 2005 11:54 AM Wells, Wayne existing.doc;aerial.doc;location.doc;zone.doc aerial.doc location.doc zone.doc FLD Map request form.doc existing.doc;aerial.doc;location.doc;zone.doc • • Flexible Development Application -Map Request Planner Name: Wayne Wells Case Number: FLD2005-08089 Date Requested: October 16, 2005 Date Requested for (date): October 31, 2005 Maps Requested x^ Location Map x^ Aerial Map x^ Zoning Map x^ Existing Surrounding Uses Map Required Documents to be submitted to Engineering x^ Legal Description x^ Survey x~ Map with Proposed Site Highlighted Map Name Owner: !! Dam Devon LLC Case: FLD2005-08089 Property Site: 41 Devon Drive Size~Acres): 0.38 PIN: 08/29/15/17550/002/0011 Atlas Page: 276A • • Wells, Wayne From: Wells, Wayne Sent: Sunday, October 16, 2005 7:09 PM To: Kambourolias, Sam Cc: Herman, Jason Subject: Map Request for 41 Devon Drive Sam - Attached is a map request for Case FLD2005-08089 for the property at 41 Devon Drive. I will bring over the paperwork. The survey that I will bring over you may keep. 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A L"' ~ 30 7nb AeN -a9e b s ~ /~ la yarbdle to Mfartieibn OaoW bleel re~~btoxf rbNe te~i 9rWA/t a M ~ ) v l our Waa alte. 32 7t JS 3d 33 N _~,,,.......,,.. `...... ~.~0 2~ 1Q0 6~0 SCALE: 1' . do0' LEGEND: O BLOCK NUMBER ~ ~. ~ ~~l~~ J 1234 LOT ADDRESS a ~lt ~~M It ~ , ~~~~~ dTY LIMITS UNE t~ ~ A ~ ', ~ 2t 22 ~ t's~.!-7 SHADED AREA - PR~ERiY :.J ~'~"`~ ~ OUT 23 ~ M~ 25 SgE CLEARWATER CITY UMITS ri 2L 27 ~ AGREEMENT TO ANNEX • CITY OWNED PROPERTY bI D R zarRdc DESICwATIDN at ~ A ZONE LINE i 03/08 99 ZONING AT'1_AS ~ 8"''_~Z~ ~~s~ 276A ;, ~~ , ~ ~ ~~ -- ~` .. e • • Wells, Wayne Frorn: Albee, Rick Sent: Monday, October 10, 2005 3:32 PM To: Watkins, Sherry; DRC Members; Gluski, Roberta; Herman, Sandra; Hufford, Diane; Irwin, Rod; Jeffries, Teresa A.; Keller, James; Pulizotto, Lynne; Reid, Debbie; Rickard, Leonard; Strong, Steve Subject: RE: resubmittals for the November 15, 2005, CDB meeting: 41 Devon-One condition Met, other to be condition for building permit. 405 Island Way- No Issues 685 Bay Esplanade- No Issues 693 Bay Esplanade- Conditions Not Met, required prior to building permit. 400 Cleveland- No Issues 657 Bay Esplanade- No Issues. -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:57 PM To: DRC Members; Gluski, Roberta; Herman, Sandra; Hufford, Diane; Irwin, Rod; Jeffries, Teresa A.; Keller, James; Pulizotto, Lynne; Reid, Debbie; Rickard, Leonard; Strong, Steve Subject: FW: resubmittals for the November 15, 2005, CDB meeting: Correction I should Have Addressed this email as follows: Good Afternoon DRC Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: 1. FLD2005-08089 41 Devon Drive 2. FLD2005-08086 405 Island Way Planner: Wayne Wells Planner: Wayne Wells 3. FLD2005-08088 685 Bay Esplanade Planner: Wayne Wells 4. FLD2005-08090 693 Bay Esplanade Planner: Wayne Wells 5. FLD2005-08084 400 Cleveland Street Planner: Robert Teft 6. FLD2005-08087 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. Thank you Sherry Watkins Planning -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:15 PM To: DRC Members Subject: resubmittals for the November 15, 2005, CDB meeting: Good Afternoon CDB Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: r 1. FLD2005-08089 41 Devon Drive Planner: Wayne Wells 2. FLD2005-08086 405 Island Way Planner: Wayne Wells 3. FLD2005-08088 685 Bay Esplanade Planner: Wayne Wells 4. FLD2005-08090 693 Bay Esplanade Planner: Wayne Wells 5. FLD2005-08084 400 Cleveland Street Planner: Robert Teft 6. FLD2005-08087 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the COB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. z • • Wells, Wayne From: Rice, Scott Sent: Thursday, October 06, 2005 3:03 PM To: Wells, Wayne Cc: Watkins, Sherry Subject: F~D2005-08089 - 41 Devon Drive Wayne, Engineering has completed review of this application and updated Permit Plan. Approval condition: Prior to issuance of a building permit the applicant is to provide a copy of the approved SWFWMD permit for the proposed project. D. Scott Rice Land Devel. Engr. Manager 727 562-4781 scott.riceCa~yC/earwa ter, com . • • Wells, Wayne From: Watkins, Sherry Sent: Friday, October 07, 2005 8:59 AM To: Wells, Wayne; Tefft, Robert Subject: FW: resubmittals for the November 15, 2005, CDB meeting: FYI -----Original Message----- From: Reid, Debbie Sent: Thursday, October 06, 2005 2:30 PM To: Watkins, Sherry Cr. Kader, Art Subject: RE: resubmittals for the November 15, 2005, CDB meeting: Sherry, P&R has no issues with the below cases. Debbie O -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:57 PM To: DRC Members; Gluski, Roberta; Herman, Sandra; Hufford, Diane; Irwin, Rod; Jeffries, Teresa A.; Keller, James; Pulizotto, Lynne; Reid, Debbie; Rickard, Leonard; Strong, Steve Subject: FW: resubmittals for the November 15, 2005, CDB meeting: Correction I should Have Addressed this email as follows: Good Afternoon DRC Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: 1. F~D2005-08089 41 Devon Drive Planner: Wayne Wells 2. FLD2005-08086 4051s1and Way Planner: Wayne Wells 3. FLD2005-08088 685 Bay Esplanade Planner: Wayne Wells 4. F~D2005-08090 693 Bay Esplanade Planner: Wayne Wells 5. FLD2005-08084 400 Cleveland Street Planner: Robert Teft 6. FLD2005-08087 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. Thank you Sherry Watkins Planning -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:15 PM To: DRC Members Subject: resubmittals for the November 15, 2005, CDB meeting: Good Afternoon CDB Members, Plans for the following cases have been resubm itted for the November 15, 2005, CDB meeting: 1. FLD2005-08089 41 Devon Drive Planner: Wayne Wells 2. FLD2005-08086 4051s1and Way Planner: Wayne Wells 3. FLD2005-08088 685 Bay Esplanade Planner: Wayne Wells 4. FLD2005-08090 693 Bay Esplanade Planner: Wayne Wells 5. FLD2005-08084 400 Cleveland Street Planner: Robert Teft 6. FLD2005-08087 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. 2 z • • Wells, Wayne From: Watkins, Sherry Sent: Friday, October 07, 2005 3:32 PM To: Wells, Wayne; Tefft, Robert Subject: FW: Resubmittals for the November 15, 2005, CDB meeting: FYI -----Original Message----- From: Rickard, Leonard Sent: Friday, October 07, 2005 3:29 PM To: Watkins, Sherry Subject: RE: Resubmittals for the November 15, 2005, CDB meeting: SHERRY, HERE ARE FIRE DEPT RESULTS 1. FLD2005-08089 41 Devon Drive Planner: Wayne Wells MET 2. F~D2005-08086 405 Island Way Planner: Wayne Wells MET 3. F~D2005-08088 685 Bay Esplanade Planner: Wayne Wells NOT MET 4. FLD2005-08090 693 Bay Esplanade Planner: Wayne Wells 5. F~D2005-08084 400 Cleveland Street Planner: Robert Teft 6. FL.D2005-08087 657 Bay Esplanade Planner: Robert Teft 7. F~D2005-07071 678 S GUI.FVIEW BLVD NOT MET MET NOT MET MET -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:57 PM To: DRC Members; Gluski, Roberta; Herman, Sandra; Nufford, Diane; Irwin, Rod; Jeffries, Teresa A.; Keller, James; Pulizotto, Lynne; Reid, Debbie; Rickard, Leonard; Strong, Steve Subject: FW: resubmittals for the November 15, 2005, CDB meeting: Correction I should Nave Addressed this email as follows: Good Afternoon DRC Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: 1. FLD2005-08089 41 Devon Drive Planner: Wayne Wells 2. FLD2005-08086 405 Island Way Planner: Wayne Wells 3. F<_D2005-08088 685 Bay Esplanade Planner: Wayne Wells 4. F<.D2005-08090 693 Bay Esplanade Planner: Wayne Wells 5. Ft_D2005-08084 400 Cleveland Street Planner: Robert Teft 6. F~D2005-08087 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," 1 please affirm to me via email. ~ase have these cases reviewed, if possib~ 12:00 pm on Wednesday, October 12, 2005. Thank you Sherry Watkins Planning -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:15 PM To: DRC Members Subject: resubmittals for the November 15, 2005, CDB meeting: Good Afternoon CDB Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: 1. FLD2005-08089 41 Devon Drive 2. FLD2005-08086 405 Island Way 3. FLD2005-08088 685 Bay Esplanade 4. FLD2005-08090 693 Bay Esplanade Planner: Wayne Wells Planner: Wayne Wells Planner: Wayne Wells Planner: Wayne Wells 5. FLD2005-08084 400 Cleveland Street Planner: Robert Teft 6. FLD2005-08087 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your commentslconditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. i • • Webs, Wayne From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:57 PM To: DRC Members; Gluski, Roberta; Herman, Sandra; Hufford, Diane; Irwin, Rod; Jeffries, Teresa A.; Keller, James; Pulizotto, Lynne; Reid, Debbie; Rickard, Leonard; Strong, Steve Subject: FW: resubmittals for the November 15, 2005, CDB meeting: Correction I should Have Addressed this email as follows: Good Afternoon DRC Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: 1. FLD2005-08089 41 Devon Drive Planner: Wayne Wells 2. FLD2005-08086 3. FLD2005-08088 4. FLD2005-08090 5. FLD2005-08084 6. FLD2005-08087 405 Island Way Planner: Wayne Wells 685 Bay Esplanade Planner: Wayne Wells 693 Bay Esplanade Planner: Wayne Wells 400 Cleveland Street Planner: Robert Teft 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. Thank you Sherry Watkins Planning -----Original Message----- From: Watkins, Sherry Sent: Thursday, October 06, 2005 1:15 PM To: DRC Members Subject: resubmittals for the November 15, 2005, CDB meeting: Good Afternoon CDB Members, Plans for the following cases have been resubmitted for the November 15, 2005, CDB meeting: 1. FLD2005-08089 2. FLD2005-08086 3. FLD2005-08088 4. FLD2005-08090 41 Devon Drive Planner: Wayne Wells 5. FLD2005-08084 6. FLD2005-08087 405 Island Way Planner: Wayne Wells 685 Bay Esplanade Planner: Wayne Wells 693 Bay Esplanade Planner: Wayne Wells 400 Cleveland Street Planner: Robert Teft 657 Bay Esplanade Planner: Robert Teft I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for the CDB mail out). Please review your comments/conditions for this case in 1 ,~ Permit Plan and determine if they are met. Whether the conditions are "met"• till "not met," please affirm to me via email. Please have these cases reviewed, if possible by 12:00 pm on Wednesday, October 12, 2005. 11:3 ~m Case Number: FLD2005-08089 -- 4l DEVON DR • ryN1 Owner(s): Dam Devon Llc ~~~ 41 Devon Dr Clearwater, F133767 ~ TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Applicant City Of Clearwater Po Box 4748 Clearwater, F133758-474 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email i Representative: Elliot Shoberg Po Box 4748 Clearwater, F133758-4748 TELEPHONE: 727-562-4748, FAX: 727-562-4755, E-MAIL: elliot.shoberg@myclearwater.com Location: 0.38 acres located at the southwest corner of First Street and Devon Drive. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Development approval to permit a parking lot with a reduction to minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along Devon Drive/First Avenue} setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Hamden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.0. Proposed Use: Off-street parking Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte.net Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff: Wayne Wells, Neil Thompson, Scott Rice, Lenny Rickard Applicant/Rep: £~g ~ ~, The DRC reviewed this application with the following comments: General Engineering: 1 . 1. No Issues. Environmental: 1 , No Issues Fire: Turning radius required to be 30'. PRIOR TO CDB Harbor Master: 1 . No issues. Legal: 1 , No issues. Land Resources: - , The tree survey is incomplete, show all of the trees on site prior to building permit. 2 , Revise the top of bank at the palm trees to be at Least 5' from the trees or show the trees to be removed prior to building permit. Landscaping: 1 , Sheet 7/8 -Recommend installing two shade trees (rather than all palms) along the south and west sides of the parking lot. 2 . Sheet 7/8 -Recommend relocating the hedge from in front of the pond (along the right-of--way) to be adjacent to the front (north and east) of the parking spaces (better screening of the parking spaces). 3 , Any proposed landscaping in the right-of--way will require aright-of--way use permit from the Engineering Department. Parks and Recreation: 1 . No issues. Development Review Agenda -Thursday, September 29, 2005 -Page 27 Stormwater: 1 , Prior to issuance of a building permit the applicant is to provide a copy of the approved SWFWMD permit for the proposed project. Solid Waste: 1 , will trash cans be required. If so please contact Parks and Recreation Traffic Engineering: 1 . No issues. Planning: 1 . Revise the address on the first page of the application and on all sheets of the plan sheets from "Devon Street" to "Devon Drive." The correct address is 41 Devon Drive. 2 . Dam Devon LLC is the property owner, not the City of Clearwater. Revise the application to indicate the current owner as Dam Devon LLC. 3 . Provide drainage calculations, signed by a Florida Kegistered Professional Engineer (three sets). 4 . All plans need to be signed and sealed by a Florida Registered Professional Engineer (one original set, all others may be copies of this signed and sealed set). 5 . Submit one original (signed and sealed) survey. 6 . Sheet 3/8 -Provide dimensions from all property lines to all edges of pavement. 7 . Provide the location of all outdoor lighting fixtures or notes regarding same. Outdoor lighting fixtures should be coordinated with proposed landscaping. 8 . Show on Sheet'7I8 the sight visibility triangles. 9 . There is a discrepancy between the amount (width) of pavement for the single parking space on the north side of the driveway from Hamden Drive as shown on Sheets 3!8 and 4/8 and that shown on Sheet 7/8, It appears, and Planning recommends, that the "extra" pavement on the west side of the parking space should be removed (ie: be as shown on Sheet 7/8). 10 . Relocate the single parking meter poles to be one foot off center of the driver side parking stripe. Other: No Comments Notes: To be placed on the 11/l S/OS CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, ] 0/6/O5. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda -Thursday, September 29, 2005 -Page 28 ~ • 4 11.35 am Case Number: FLD2005-08089 -- 41 DEVON DR Owner(s): Dam Devon Lic 41 Devon Dr Clearwater, Fi 33767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Applicant City Of Clearwater Po Box 4748 Clearwater, F133758-474 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Elliot Shoberg Po Box 4748 Clearwater, Fl 33758-4748 TELEPHONE: 727-562-4748, FAX: 727-562-4755, E-MAIL: eliiot.shoberg@myclearwater.com Location: 0.38 acres located at the southwest corner of First Street and Devon Drive. Atlas Page: 276A Zoning District: T, Tourist Request: Flexible Development approval to permit a parking lot with a reduction to minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along Devon Drive/First Avenue} setback from 25 feet to 15 feet (to pavement) and a reduction to the front (east along Hamden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C. Proposed Use: Off-street parking Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, FI 33761 2544 Frisco Drive TELEPHONE: 727-725-3345, FAX: No Fax, E-MAIL: Djw@gte,net Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: City Staff: Wayne Wells, Neil Thompson, Scott Rice, Lenny Rickard ApplicantlRep: Elliot Shoberg "The DKC reviewed this application with the following comments: General Engineering: 1 , 1. No Issues. Environmental: 1 , No Issues Fire: 1 , Turning radius required to be 30'. PRIOR TO CDB Harbor Master: I . No issues. Legal: 1 . No issues. Land Resources: 1 , The tree survey is incomplete, show all of the trees on site prior to building permit. 2 . Revise the top of bank at the palm trees to be at least 5' from the trees or show the trees to be removed prior to building permit. Landscaping: 1 , Sheet 7/8 -Recommend installing two shade trees (rather than all palms) along the south and west sides of the parking lot. 2 . Sheet 7i8 -Recommend relocating the hedge from in front of the pond (along the right-of--way) to be adjacent to the front (north and east) of the parking spaces (better screening of the parking spaces). 3 , Any proposed landscaping in the right-of--way will require aright-of--way use permit from the Engineering Department. Parks and Recreation: 1 . No issues. Development Review Agenda -Thursday, September 29, 2005 -Page 26 .~.-:~ • Stormwater: n I , Prior to issuance of a building permit the applicant is to provide a copy of the approved SWFWMD permit for the proposed project. Solid Waste: 1 , will ri~ash cans be required. If so please contact Parks and Recreation Traffic Engineering: 1 . No issues. Planning: 1 . Revise the address on the first page of the application and on all sheets of the plan sheets from "Devon Street" to "Devon Drive." The correct address is 41 Devon Drive. 2 . Dam Devon LLC is the property owner, not the City of Clearwater. Revise the application to indicate the current owner as Dam Devon LLC. 3 . Provide drainage calculations, signed by a Florida Registered Professional Engineer (three sets). 4 . All plans need to be signed and sealed by a Florida Registered Professional Engineer (one original set, all others may be copies of this signed and sealed set), 5 . Submit one original (signed and sealed) survey. 6 . Sheet 318 -Provide dimensions from all property lines to all edges of pavement. 7 . Provide the location of all outdoor lighting fixtures or notes regarding same. Outdoor lighting fixtures should be coordinated with proposed landscaping. 8 . Show on Sheet 7/8 the sight visibility triangles. 9 . There is a discrepancy between the amount (width) of pavement for the single parking space on the north side of the driveway from Hamden Drive as shown on Sheets 3/8 and 4/8 and that shown on Sheet 718. It appears, and Planning recommends, that the "extra" pavement on the west side of the parking space should be removed (ie: be as shown on Sheet 718). 10 . Relocate the single parking meter poles to be one foot off center of the driver side parking stripe. Other: No Comments Notes: To be placed on the 11/15/05 CDB agenda, submit 15 collated copies of the revised plans & application material addressing all above departments' comments by noon, 10/6/05. Packets shall be collated, folded and stapled as appropriate. Development Review Agenda -Thursday, September 29, 2005 -Page 27 . .Pinellas County Property Apper Information: 08 29 15 17550 002 0~ Page 2 of 5 08 ~ 29 / 15 / 17550 / 002 l 0411 30-Aug-2005 Jim Sr~~ith, CFA Pinellas County Property Appraiser 08:51:54 Ownership Information Non-Residential Property Address, Use, and Sales DAM DEVON LLC OBK: 14157 OPG: 1556 41 DEVON DR CLEAR6)ATER FL 33767-2437 EVAC: A EVAC Comparable sales value as Prop Addr; 41 DEVON DR of Jan 1, 2005, based on Census Tract: 260.02 sales from 2003 - 2004; p Sale Date OR Book}Page Price {:Qual}UnQ) Vac}Imp Plat Information 3 }2,005 14,157/1,556 2,400,000 {Q) I 1944; Book 023 Pgs 060- 7 11,999 10,601/ 689 950,000 {Q) I 0000 Book Pgs - 12}1,988 6,89511,147 815,000 (Q7 I 0000: Book Pgs - 0 }0 0/ 0 0 { 2005 Value EXEtViPTIOtdS Just.}P+tarket; 1,400,000 Homestead; NO Ownership ~ .000 Govt Exem. NO Use ~: .000 Assessed}Cap; 1,400,000 Institutional Exem. NO Tax Exempt %, .000 Historic Exem: 0 Taxable; 1,400,000 Agricultural; 0 2004 Tax Information District: CUJ Seawall; Frontage; Clearwater View: 05 Nlillage; 23.2372 Land Size Unit Land Land Land Front x Depth Price Units h~et.h 04 Taxes: 22, 2$0. 32 1} 150 x 11D 70.00 15,961.00 S Special Tax .00 2) 0 x 0 .00 .00 3? 0 x 0 .00 .00 Without the Save-Our-Homes 4) 0 x 0 .00 .00 cap, 2005 taxes will be 5} 0 x 0 .00 .00 32, 532. 08 ~) 0 x 0 . 00 . 00 Without any exemptions, 2005 taxes will be : 32, 532. 08 Short Legal COLUMBIA SUB BLK B, E i/2 OF LOT i Description Building Information httpa/pao.co.pinel]as,fl.us/htbin/cgi-scr3?o=1&a=1&b=1&c=1&r=.16&s=4&t3=1&u=0&p... SI30/2005 .Pinellas Co~~u~ty Property App~er Information: 08 29 15 17550 002 0~ Page 3 of 5 Property and_Land Use Code descriptions 08 ~' 29 1 1a /' 1550 / 002 / 0011 :01 30-Aug-2005 Jim Smith, CFA Pinellas County Property Appraiser 08:51:54 Commercial Card 01 of 1 Improvement Type: MotellHotel t 4 St Property Address; 41 DEUGH DR Prop Use; 313 Land Use: 39 Structural Eiem~nts Foundation Spread/Mono Footing Floor System Slab on Grade Exterior lJall Conc B1ockJStucco Height Factor 0 Party lJall Hone Structural Frame Masonry Pillar&Steel Roof Frame Flat Roof Cover Built Up/Composition Cabinet & Mill Average Floor Finist'~ Carpet Combination Interior Finish Plaster Furred Total Units 22 Heating & Air Heating&Coolin9 Pckg Fixtures 66 Bath Tile Floor and lJall Electric Average Shape Factor Rectangle Quality Average Year Built 1,952 Effective Age 30 Other Depreciation 0 Function Depreciation 0 Economic Depreciation 0 Sub Aromas Description Factor Area Description Factor Area 1} Base Area 1.00 5, Z38 7) . 00 0 2} Open Porch .30 2,292 8} .00 0 3} Upper Stry Base Area .90 3,302 9) .00 0 ~}} .00 0 SO} .00 0 5j .00 0 11} .00 0 E} .00 0 12} .00 0 +Commcrci~al Extra Fea~ures Description Dimensions Price Units Value RCD Year 1} ASPHALT 23X200 1.50 4,600 6,900 6,900 999 ~} PATIO/DECK 45OSF 3.00 450 1,350 880 1,992 3) POOL 20X36 25, 000. 00 1 25, 000 10, 000 i, 962 4} SHUFBOCT 6O0SF 1,000.00 2 2,000 2,000 999 c, '} 00 0 0 0 0 b? .00 0 0 0 0 TOTAL RECORD VALUE; 19,780 Map With Property Address (non-vacant) http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=I &a=1 &b=1 &c=1 &r=. I6&s=4&t3=1 &u=0&p... 8/30/2005 . .Pinellas County Property App~er Information: 08 29 15 17550 002 0~ Page 4 of S 1 ~.~) ~ ~~~t-1 4.7 '~.~ ~~~ ~`'7r i ~ ~.~~ ~~,;~; Ci i E' a GE'+t D f=' 1i8 Mile Aerial Photograph (2002) http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1&a=1&b=1&c=1&r=.16&s=4&t3=1&u=0&p... $/30/2005 . Pinellas County Property App~er Information: 08 29 15 17550 002 ~ Page 5 of 5 t a . ~~ . ,, °+ 4 . ~ y. rt x ,;* t _t xi ~, r F ~y `.~ i s ~^ k m ~ ; ~ 4 ~~ ~~ ti a y ~ ~5 " ~ fi ~ ~~, ~~. ~~~ Pinellas County Property Appraiser Parcel Information Bacl to Search Page An_explanation of this screen http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.16&s=4&t3=1 &u=0&p... 8/30/2005 CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, November 15, 2005, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Jerry and Teresa Tas are requesting Flexible Development approval to permit 17 attached dwellings within the Tourist (T) District with an increase to building ht from 35 ft to 78 ft (to roof deck) with an additional 14 ft for architectural embellishments (from roof deck), a reduction to the front (north) setback from 15 ft to zero ft (to pavement) and a reduction to the minimum lot width from 100 ft to 67.5 ft along Coronado Dr and to 71.b4 ft along Hamden Dr as part of a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Attached dwellings) at 342 Hamden Dr and 343 Coronado Dr, Columbia Sub No 2, Blk A, Lot 11 & part of Lot 10, and Columbia Sub No 3, Lot 7 and part of Lot 6. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-07066 2. Griffin International, Inc. is requesting Flexible Development approval to permit Alcoholic Beverage Sales in the Commercial (C} District on a parcel of land contiguous to a parcel of land which is designated as residential in the Zoning Atlas as a Comprehensive Infill Redevelopment Project per Sec 2-704.C. (Proposed Use: Alcoholic Beverage Sales) at 1575 Highland Ave S, Sec 23-29-15, M&B 34.03. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-08082 3. Beach & Gulf Sands, Inc and North Clearwater Beach Development, LLC (Anthony Menna) are requesting 1) Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code); 2) Transfer of Development Rights (TDR2005-03019) of 2 dwelling units from 116 Brightwater Dr under the provisions of Secs 4-1402 and 4-1403; and 3) Flexible Development approval to permit 13 attached dwelling units in the Tourist (T) District with an increase to ht from 35 ft to 59.66 ft (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck), a reduction to the front (north) setback from 15 ft to 2 ft (to pavement), a reduction to the side (east) setback from 10 ft to zero ft (to pool deck), a reduction to the side (west) setback from 10 ft to 1.5 ft (to pavement), a reduction to the rear (south) setback from 20 ft to 10 ft (to building) and zero ft (to pool deck), and to allow 5 parking spaces to encroach within the required sight visibility triangles along Bay Esplanade as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C. (Proposed Use: Attached Dwellings) at 657 & 663 Bay Esplanade, Mandalay Unit No 5 Repiat Blk 77, Lots 4-5. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-08087 4. 400 Cleveland LLC Mainstreet Clearwater Development, and Whtbuff, Inc (TH Management, LLC, Laura Street Development, LLC) are requesting Flexible Development approval to permit amixed-use development in the Downtown (D) District with 245 attached dwelling units (which includes an increase in density of 36 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool) and 186,300 sq ft of non- residential floor area (restaurant, retail/movie theater, and existing office), an increase in the permitted height from 30 ft to 380 ft (to roof deck) with an additional 27 ft for architectural embellishments as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2- 903.C. [Proposed Use: Mixed-Use (245 attached dwellings, 98,500 sq ft retail/restaurant/movie theatre, and 87,800 sq ft office)] at 400 410 418 & 420 Cleveland St and 416 Laura St, Sec 16-29-15, M&B 12-03, Earl & Tate's Sub Lots 1, 3, 5, 7, 9-10, 19-21 and part of lots 2, 4, 6, 8, 11, 17, & 18. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-08084 5. Ronald E & Karen L Kozan (Newkirk Ventures Inc) are requesting a Flexible Development approval to permit the addition of a pool to a previously approved attached dwelling project (FLD2045-05045, approved August 16, 2005) in the Medium High Density Residential (MHDR) District with a reduction to the rear (east) setback from 15 ft to zero ft (to pool deck), as a Residential Infill Project, under the provisions of Sec 2-404.F. [Proposed Use: Attached dwellings (26 condominiums) with pool] at 405 Island Way, Island Estates of Clearwater, Unit 2, Lot 15 & S '/2 of Lot 16. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 08086 6. Dam Devon LLC (City of Clearwater} are requesting a Flexible Development approval to permit a parking lot in the Tourist (T) District with a reduction to minimum lot area from 20,000 sq ft to 16,500 sq ft, a reduction to the front (north along Devon Dr/First Ave) setback from 25 ft to 15 ft (to pavement) and a reduction to the front (east along Hamden Dr) setback from 25 ft to 15 ft (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Public parking lot for 25 parking spaces} at 41- Devon Dr, Columbia Sub, Blk B, E '/z of Lot 1. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08089 7. Peter Pan Developments LLC (Panayiotis Vasilaudes, Petrit Meroli, Somerset Condominium) are requesting a Flexible Development approval to permit 8 attached dwellings in the Medium High Density Residential (MI-IDR) District with a reduction to the minimum lot area from 15,000 sq ft to 13,087 sq ft, reductions to the minimum lot width from 150 ft to 120 ft along Bay Esplanade and from 150 ft to 110 ft along Somerset St, a reduction to the front (west) setback from 25 ft to 22 ft (to water feature), reductions to the front (south) setback from 25 ft to 11 ft (to building and pavement) and from 25 ft to zero ft (to trash staging area), a reduction to the side (north) setback from 10 ft to 3.1 ft (to pavement), a reduction to the side (east) setback from 10 $ to zero ft (to pool deck), an increase to building ht from 30 ft to 46.83 ft (to roof deck) with an additional 4.17 ft for perimeter parapets (from roof deck) and to permit the building within the visibility triangles, as a Residential Infill Project, under the provisions of Sec 2-404.F, and a reduction to the landscape buffer along Bay Esplanade from 5 ft to 3 ft (for the retention pond planting area), a reduction to the landscape buffer along Somerset St from 10 ft to zero ft (to trash staging area) and a reduction to the landscape buffer along the north property line from 10 ft to 3.1 ft (to pavement), as a Comprehensive Landscape Plan, under the provisions of Sec 3-1202.G. [Proposed Use: Attached dwellings (8 condominiums)] at 693-b99 Bay Esplanade, Mandalay Unit No. 5 Replat, Blk ?6 & unplatted Blk 76. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08090 8. Peter Pan Development LLC & Epic Holdings South LLC (Bay Esplanade Condominium) are requesting a Flexible Development approval to permit 8 attached dwellings in the Tourist (T) District with a reduction to the front (west) setback from 15 ft to 13 ft (to water feature), reductions to the front (north) setback along Somerset St from 15 ft to 12.67 ft (to building), from 15 ft to 9.83 ft (to pavement) and from 15 ft to zero ft (to trash staging area), a reduction to the side (east) setback from 10 ft to zero ft (to pool deck), an increase to building height from 35 ft to 46.83 ft (to roof deck) with an additional 4.17 ft for perimeter parapets (from roof deck) and to permit the building within the visibility triangles, under the provisions of Sec 2-803.B. [Proposed Use: Attached dwellings (8 condominiums)] at 685-689 Bay Esplanade, Mandalay Unit No. 5 Replat Blk 77, Lots 12-13, & part of Lot 11. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08088 9. Jayicee Roth is requesting an appeal of an administrative determination denying the ability to apply for an Animal Boarding Facility use as a Comprehensive Infill Redevelopment Project in the Downtown East Gateway Character District, per Sec 3-502. (Proposed Use: Animal Boarding Use) at 1242 Cleveland St, Padgett's Estates Sub Lot 3 & parts of Lots 2 & 4. Assigned Planner: John Schodtler, Planner I. APP2005-00002 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and wirnesses, cross-examine witnesses, appeal the decision and speak on reconsideration requests, and needs to be requested and obtained during the case discussion before the CDB. An oath will be administered swearing in ail persons giving testimony in quasi judicial public hearing cases. If you wish to speak at the meeting, please wait to be recognized, then state and spell your name and provide your address. Persons without party status speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Five days prior to the meeting, staff reports and recommendations on the above requests will be available for review by interested parties between the hours of 8:30 a.m. and 4:30 p.m., weekdays, at the City of Clearwater, Planning Department, 100 S. Myrtle Ave., Clearwater, FL 33756. Please contact the case presenter, at 562-4567 to discuss any questions or concerns about the project and/or to better understand the proposal and review the site plan. Michael Delk Planning Director Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4?48, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (?2'n 562-4093 WITH THEIR REQUEST. Ad: 10/30/05 ~~ ~ FLD2005ag~8~- 35 ~°~~ BADERTSCHER, JAMES R BASKIN, H H EST BADERTSCHER, DARLENE J OWENS, W D EST 402 E MAIN ST 516 N FT HARRISON AVE LESPSIC OH 45856 - 1433 CLEARWATER FL 33755 - 3905 Clearwater Beach Association Jay Keyes, 100 Devon Drive Clearwater, FL 33767 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Drive Clearwater, FL 33761 CUSTER, GERALD 2152 LONG BOW LN CLEARWATER FL 33764 - 6414 DECADE GULFCOAST LTD PTNSP STE 100 N19 W24130 RIVERWOOD DR WAUKESHA WI 53188 - 1131 HAMODI, ARMED A 116 DEVON DR CLEARWATER FL 3376T - 2438 MAZUR, JAN MAZUR, JANINA 216 HAMDEN DR CLEARWATER FL 33767 - 2446 PAPPAS, TOM PAPPAS, ANASTASIA 115 DEVON DR CLEARWATER FL 33767 - 2439 RUDMAN, MIRKO RUDMAN,ANKA 217 CORONADO DR CLEARWATER FL 33767 - 2431 SUNRISE ON THE BEACH INC 229 CORONADO DR CLEARWATER FL 33767 - 2431 DAM DEVON LLC 41 DEVON DR CLEARWATER FL 33767 - 2437 DENELL, MARGARET M 94 DEVON DR CLEARWATER FL 33767 - 2436 K & P CLEARWATER ESTATE LLC 3105 W WATERS AVE STE 31 TAMPA FL 33614 - 2869 MILD INVESTMENTS LLC 2101 BRICKELL AVE # 3407 MIAMI FL 33129 - QUINN, ANN E 225 HAMDEN DR CLEARWATER FL 33767 - 2497 SEA CAPTAIN 526 BELLE ISLE AVE BELLEAIR BEACH FL 33786 - 3612 THOMAS, BRIAN THOMAS, NADINE 160 BAYSIDE DR CLEARWATER FL 33767 - 2501 ~~r~ HRI TMAN KENN T C S E H R SR CHRISTMAN, LINDA J 225 CORONADO DR CLEARWATER FL 33767 - 2431 CRYSTAL BEACH CAPITAL LLC 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602 - 5189 DECADE GULFCOAST LP N19 W24130 RIVERWOOD DR WAUKESHA WI 53188 - 1131 GONATOS, OLYMPIA REV TRUST 1460 GULF BLVD # 1004 CLEARWATER FL 33767 - 2848 KEYES, JAY F THE KEYES, JANET D THE 100 DEVON DR CLEARWATER FL 33767 - 2438 PANGS, STEVE S PANGS, FILITSA 109 DEVON DR CLEARWATER FL 33767 - 2439 ROSS, WILLIAM A III ROSS, DORIS H 125 DEVON DR CLEARWATER FL 33767 - 2439 SUNNY MOTEL LTD PTNSHP STE 100 N19 W24130 RIVERWOOD DR WAUKESHA WI 53188 - 1131 TRACEY, CHRISTINA M 207 CORONADO DR CLEARWATER FL 33767 - 2431 TROPICANA RESORT LAND TRUST VASILAROS, MARINA E TRUST VENDITTO, CARLO M 163 BAYSIDE DR VASILAROS, MARINA E VENDITTO, ENRICA M CLEARWATER FL 33767 - 2502 111 BAYSIDE DR 124 DEVON DR CLEARWATER FL 33767 - 2502 CLEARWATER FL 33767 - 2438 WANIO, TATIANA A 14 GRENVIEW BLVD N TORONTO, ONTARIO M08X 2K1 00030 - CANADA WELLER, HARRIETTE M 110 DEVON DR CLEARWATER FL 33767 - 2438 • • J'~ec~ :eemrt a~ tie i any 40 Devon Drive Clearwater Beach, Florida 33767 Phone 727-446-7550 800-444-7488 November 10, 2005 Fax 727-298-0100 City of Clearwater Community Development Board P.O. Box 4748 Clearwater, Fl. 33758-4748 RE: Public Pazking 41 Devon Drive Public Hearing 1111 S/OS Community Development Board: ORIGINAL The Sea Captain Motel would like to object to the plan of pin point parking lots in the tourist district: 1. There is enough trash on Clearwater Beach (paper cups, discazded debris) without encouraging more. 2. Unmonitored areas will attract more trash! 3. Even pazking azeas behind rental azeas are noted for their trash. Note the rear of buildings on Mandalay Ave. 4. Noise in unmonitored areas will possibly be on a 24 hour basis -tourist like to sleep! 5. Small pazking azeas may attract congregation azeas! ! Do you have sufficient monitoring policies in place? 6. Who is going to do the upkeep on these pin point azeas? Weeds need to be sprayed, grass mowed etc.? 7. Before approving this please note the pazking lot beside the old Days Inn only one block away. Thank you in advance for your consideration. Sincerely, r onald F. Eifert Sea Captain Motel ~. ,• R ~q ,~G`~" r {~' LUNG I~~,NGE PLA.ti'N1NG I.~6'VELOPMENT KI;VIEV% ZrZ,Y O E LEAI~WA"I'E R PLANNING DEP~'~R'1`~ti1LVT -y po POST OFFICE I3OX 4748, CLEgRW;11'ER, I'LOKIDA 3378-~} / `~C) i1'tU\'ICIPAL SERVICES BUILDIiV'G, l0U SOUTH MYRI'Ll: AVE;~'LE, CLEAItW'Al'ER, FLOR.fDA 33756 TELRPHUNE (727) 562-4567 F,ax (T27) 562-865 November 1 G, 2005 Mr. Elliot Shoberg Engineering Department, City of Clearwater 100 South Myrtle Avenue Clearwater, Florida 3375G RE: Development Order - FLD2005-08089 - 41 Devon Drive Dear Mr. Shoberg: This letter constitutes a Development Order pursuant to Section 4-206.0,6 of the Conununity Development Code. On November 15, 2005, the Conununity Development Board reviewed your request for Flexible Development approval to permit a parking lot in the Tourist (T) District with a reduction to the minimum lot area from 20,000 square feet to 16,500 square feet, a reduction to the front (north along First Street) setback (ruin 25 feet to 15 feet (to pavement) and a reduction to the front (east along Devon Drive/Ilanlden Drive) setback from 25 feet to 15 feet (to pavement), as a Comprehensive InEll Iledevelopnlent Project, under the provisions of Section 2-803.0. The Conununity Development Board (CDB) t11'l'ROVEll the application with the following bases and cunditioils: Bases fur Approval: 1. The proposal complies with the Flexible Development criteria as a Comprehensive I1lfill Redevelopment Project per Section 2-803.0; 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913; and 3. The development is compatible with the surrounding area. Conditions of Ap rp oval: 1. That ally future lighting of the property obtain all required electric penllits, be coordinated with site landscaping and all on-site electric lines be placed underground; 2. That landscaping within the right-of--Way ubtaul a right-uf-Way use permit from the Ellglneering Department prior to the issuance of any pernlits; and 3. 'T'hat, prior to the issuance of any per111its, all existing trees be shown on the survey a11d site plans. Pursuant to Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (November 15, 2006). All required certil~cates of occupancy shall be obtained within two years of the date of issuance of the building permit, 'Time frames do not change with successive owners. The Cullullunity Uevelopnlent Coordinator may grant an extension of time for a period nut to exceed one year and only w1111111 the original period of validity. The Conununlty DBVelGplllellt Board May approve Oile additional eXten510I1 Of time after llle CUI11inU111ty development coordinator's extension to initiate a building penllit application, FR.-Yr~K F°fI3~~,F'.n, M.AVoR fill.l. JONSOti', VICIi-~'tAYOH J01{.ti' Uglt•Y.\', COUf~'Cfl„Y(EYiftFR HoY-r H:~,~nl.r(m', CouN(:u.,~~s.v!ir.R C:r;tl.r:v ,~.. PrTeRSit,w, CoLNCU.~IE~~Iisr•:~< ~,QU.4L ~IYt['LUWENT .ANp ~~~'FIR.ti1ATN1: AC1'!ON ~,MPLOti1•:R~~ November 16, 2005 Shoberg -Page 2 The issuance of t}lis Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses tI1at require this prior development approval. Additionally, an appeal of a Level 'Two approval (Flexible Development) may be initiated pursuant to Section 4-502.13 by the applicant or by any person granted party status within 14 days of the date of the CD}3 meeting. T11e filing of an applicatioll/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case expires on December 2, 2005 (14 days from the date of the CDB meetilig). If you have any questions, phase do not hesitate to call Wayne M. Wells, Planner 11I, at 727-562-4504. You can access L011111g illfornlation for parcels within the City through our website: www.rrl- cle~rwater.conv' ov/de ts/ Tannin 7. *Make Us Your Favorite! Sincer~el~y, /• Micha De lc, A CP Planning Director S:'Plnnnir~g Dr:pnrunentlC D BIFLE,K(FLU)',Inactive or FinisF~ed ApplicntionslUevon 41 City ojC'lear~u~nter ('l) -,4ppr•overlllJevon 4/ Development Orrter.rfoc