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FLD2005-03032
• ?r FLD 1 005-03032 651 BAY ESPLANADE Date Received: 03/31/2005 PALAZZO CLEARWATER ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 258A PLANNER OF RECORD: MTP RECEIVED MAY 12 2005 PtANNIN DEPARTMEW t f F CLEARWATER C LW CoverSheet CIVIL • LAND PLANNING ENVIRONMENTAL • TRANSPORTATION O July 29, 2005 Mr. Robert Tefft Planner III City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33767 RE: FLD2005-03032 657 Bay Esplanade (Palazzo) Dear Mr. Tefft: Listed below are responses to the outstanding conditions with the above case. ENGINEERING 1. Public sidewalks adjacent to driveways will comply with F.D.O.T. Index #304 (use of truncated domes as warning surface). 2. It is acknowledged that a separate right-of-way permit will be required. ENVIRONMENTAL CONDITIONS I . The underground vault has been discussed with Mr. Scott Rice and has been approved for this site. FIRE CONDITIONS 1. Please see attached flow test which ensures adequate water supply for fire fighting purposes. 2. All required underground water mains and hydrants will be installed, complete and in service prior to construction. LANDSCAPE 1. The north arrow has been revised on all sheets. PARKS & RECS I. It is acknowledged impact fees recreation impact fees may be due. STORM WATER 1. Roof and parking lot run-off will be coordinated with plumbing consultant prior to building permit. SOLID WASTE 1. Solid waste and recycling will be contained in the building. On pick up days, dumpsters and recycling bins will be rolled out to trash & recycling staging areas. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 - 443 • 2869 FAX 727 - 446 - 8036 I r t . t 7 OR?Glrvf"?L i • Mr. Robert Tefft July 29, 2005 Page Two TRAFFIC ENGINEERING 1. "Do not enter sign" has been indicated on site plan. Pavement directional arrows have been indicated. 2. The site will contain a gate, but the gate is greater than 20' away from back edge of pavement. 3. Impact fees have been acknowledged. ZONING 1. a. Parking spaces have been dimensioned. b. Building height is indicated on architectural plans and site data table. C. Site data table has been corrected to state the maximum number of residential units. d. Aerial photo is as good as it gets. 2. TDR application has been corrected. 3. Site data table indicting TDR's has been corrected. 4. Swimming pool deck surface will be of removable pavers. 5. There will be no cabanas. A pool consultant will design actual pool. 6. Trash staging area has been dimensioned to show setback. 7. Trash staging area is on landscape plan. 8. Outdoor lighting has been indicated on civil site plan. 9. An area has been dedicated to landscape near pool area. 10. Existing docks are to remain. 11. All set backs have been revised. 10' on sides, 12' in the rear (this has been approved through BOA) and 32' to the building in the front. 12. Plans are scaled at 1" = 10'. 13. Math has been shown as to how density was computed. 14. See site plan for residential access to swimming pool. 15. Height from base flood elevation has been shown on architectural drawings and civil site data table. 16. In regards to proposed dwelling unit, additional information regarding existing occupancy has been submitted with prior submittal. If any additional comments or questions arise, please feel free to call. cerely, Ago'reeo-en . i iams Project Director OR?G!NAL o C?0???? rAvagy 2005 j ?' l? *97/29/2005 08:29 727562496 PUBLIC UTILITIES • PAGE 01 :r- lAl? 11 ? !, 7 d rwa ter U FAX MESSAGE CITY OF CLEARWATER / PUBLIC UTILITIES 1650-C ARCTURAS AVE, N. CLEARWA,TER, FL. 33765 PHONE (727) 562-4960 FAX (727) 562.4061 + LOCATION: FAX NUMBER: FROM: DATE; TIME: REMARKS: p «?N?r1I 2 2005 ORIC-11?., DUMBER OF PAGES (IPdCLUDI)VG THIS CODER P.AGF) ii i !37/29/2005 08:29 7275624960 PUBLIC UTILITIES 0 PAGE 02 OW TEST o CITY OF CLEARWATER r a ter >' A R DEPARTMENT LOCATION: 657 DAY ESPLANADE DATE OF TEST. 7/28/05 STATIC: PSI RESIDUAL:' PSI PITOT: PSI FLOW: /000 CPM I ? ? cP o ,. P..?. _.._....? ?, I M - 2 2005 ORIGIN/Al,-, PLANNING --& D VELQil+,-;. = i ?C5 rl trv r%c r`I G L MAJ.. ; ; :? Northside • CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION 0 LETTER OF TRANSMITTAL Date: August 1, 2005 To: City of Clearwater Planning Dept. 100 S. Myrtle Avenue Clearwater, FL 33756 Attn: Sherry Watkins Reference: Palazzo / FLD2005-03032 We Transmit: () Enclosed () Under Separate Cover (X) Originals O Mail O Courier (X) Prints () Pick-up (X) Hand Delivered (} Addendum () Shop Drawings () Per Your Request () For Your Review & Comment () Specifications (X) For Your Use () For Your Approval () Applications ( ) For Your Files () For Your Information () Floppy Disk COPIES DATE DESCRIPTION 15 8/1/05 Civil & Landscape Drawings 1 S&S 8 sheets 15 8/1/05 Reduced Site Plan 15 8/1/05 Reduced Landscape Plan 15 8/1/05 Architectural Drawings Comments: Copies To: File AUGS 2 2005 i- t' oreen A. illiams Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N DSPRI NG.COM 727 - 443 - 2869 FAX 727 - 446 - 8036 ORIGINAL, '? ? jllllllllllllllll `f1111111IIIIilll) ? ! ? PALAZZO EXTERIOR BUILDING COLORS 1 2 3 BUILDING COLOR SHERWIN WILLIAMS BELIEVABLE BUFF SW6120 SHERWIN WILLIAMS BAGUETTE SW6123 BUILDING TRIM COLOR RAILINGS BLACK ESP FINISH Y BP{115TRAOE -M T 2 iT BAWST-E -R TOWER PMAPET MID ELEVATOR MACwNE ROOM e.r NOOON NUM 2 ® 11 o t ® O OO J O rHEffmH m u i 0 ri ® 2 S3 O ® a a O ® 0 2 3 I s3 IM Stiff! i t M D ® 0 O O J O :9 ? ej l1[ milli I? ???11 6e ..ae 1 M J EII 00 0 0 : :is?Ci3 t '?.SSO! IF , ? 3 6??€p 1 Hill (BFE.) . e1R[[. O O O GARAGEELEVATI .-- ---- - --- --- -- ---- 7 O - EAST ELEVATION aEV.a-o• ------------ NORTH ELEVATION -`" SCALE: 1/8'=1'-0' SCALE: 1/8'=V-0" 42'BP4ISTRAOE PPRMEi d2' BAWSTRAOE PARAPET ? ? ? a none= S. 2 Ill [D 11 u mn FTfl ? 7 c Om Q 0 2 ID I N 0 Ell 2 Q ??W amU 0 ITL:-o [ii [i O P MT O ID ED T S n I o W z F Z W m m U O 'ED 11 I 2 -•P? I ELEV. I I'-0• o GARAGEELEVATN) NE'-B• WEST ELEVATION aEV.o-a' - -------- -------- - - SOUTH ELEVATION ------ 2B NALV 2005 A SCALE: 1/8°=1'-0° SCALE: 1/8°=1'-0' 1 ---CE ------------ ----------------------------------------- BAY ESPLANADE ARCHITECTURAL SITE PLAN N SCALE: 1/8'=1'-0' S3 lg?aF!1 14:1P`•. 9e?@' fl?s,s; ?IeIF.? N spi 'Kali asF, ° t-RI M:F 1Eaj{E6 .9€FEI? 2a` 00"? W OmQQ ?nQ Q K UZ W r h =a UW m < ? Qh U A BEDROOM NZ BEDROOM N3 TERRACE TERRACE BE DROOM N3 BEDROOM NZ --- ERRA E ,? O ' BATH BATH TT UTUTV UTII ® WDER ROOM `V ?.--- .. ............. ® J MASTER B THRO POWDER MASTER BATHROOM M45TER BATHROOM A OM ® QO.SET -G A? Fl, SAT CLOSET CLO T INWG -ER LNWG B ERRACE BEDROOM NI OEN /OEFlCE/ BEDROOM N3 TERRACE ER U MATTER ® BEDROOM BEDROOM ERRACE LIVING AREA 2206.58 sq ft LIVING AREA 2009.47 sq ft LIVING AREA 2477.39 sq ft LEVEL 2, 3, & 4 - (3 UNITS PER FLOOR) SCALE: 1/8"=1'-0" I 11-"II BED-. ?wrx?ne TERRACE TERRACE BEDROOM. BEDRCO BATH eaw" Va ............... o MTCHEN Ro-O MEDMROOM/ OFFlrxv UT cl IOBBV Nn`•ael •. BATH r _ -- I IDBBV I ?•e6sl£6 PO E wma?l UTLI ® ? 196 i::1 8EDROOM x] WTCHE n,ex? N WDER ROOM ?aex?e.r Sal i ,I ?e.rx a.r BATH ® MASTER ................. 3 l6 S . O Dl4 M OOM BATHROOM E£5 e: 0.0SEi V O® c Q + T - MNG i9'.i•x sa•.r :. ?{i MATTER -TER BATH ATH 0.0 5E 0.05 E . ig ?9i •i i:°.?6• .igags6 .............:.... : lS itr9e MASTER a posaom a.ex prvwG ® U , I/3i 3;?' 1ST?: F6 -i•S S 69 I TE RAC RE 1"i11 TERRACE n eG ROOM x TERRACE BE GROOM TERRACE ??. x •e ER ® BEORORP 9e ?O- LIVING AREA LIVING AREA _ 2050 sq ft 4139.32 sq ft - LEVEL 5 & 6 - (2 UNITS PER FLOOR) A' S CALE: 1/8"=1'-0" w ?O LL Q - Z U -6 O>w U m Q QQ aF6 U a nN ww m )OF LEVEL PLAN .E: 1/8"=1'-0' 3 _. 1 1 Horthside May 12, 2005 Mr. Wayne Wells City of Clearwater - Planning Department 100 S. Myrtle Ave Clearwater, FL 33756 RE: FLD2005-03032 - - 657 Bay Esplanade Palazzo DRC Responses Dear Mr. Wells: CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • RECEIVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Engineering 1. Public sidewalks adjacent to driveways comply with FDOT Index 9304. 2. Replacement of curb along existing road will match existing. 3. A separate right-of-way permit will be applied for any right-of-way work. Environmental 1. Underground vaults have been allowed in the past. We will work closely with City's Stormwater Department to ensure it meets with all codes and regulations. Due to site constraints and not being able to provide adequate landscaping, a vault system was used. Landscape 1. North arrow has been revised to read correctly. Parks & Rec 1. Owner will pay any necessary rec facility impact fees prior to building permit:" Stormwater Conditions 1. All roof runoff shall be directed towards underground treatment vault and will be coordinated with engineers prior to issuance of building permit. Solid Waste 1. Due to site constraints, payment will be made in lieu of recycling at this time. Tra ac 1. See Sheet C3.1 for location of Do Not Enter Sign and directional arrows on pavement. 2. Gate will be provided and will be 20' from edge of sidewalk 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRIN6.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 • ORIGI'v„L • Mr. Wayne Wells May 12, 2005 Page Two L? ORIGINAL Zonins l Parking space widths have been indicated on Sheet C3.1 Maximum building height has been added to Site Data on Sheet C3.1. Site Data table indicates maximum number of residential units. See Sheet C3.1. C4---7 We do the best we can with Aerial Photo. Currently there are 11 existing residential units. We are asking for termination of non conformity of 11 units and are transferring two density units to the site making it a total of 13 units The swimming pool deck surface t:7= This is not the final design of the pool. It will be under separate permit. Pool bathrooms have been located on the site. 9 ??Set back dimensions to trash staging area have been indicated on Sheet C3.1. -Outdoor lighting has been labeled. With pool deck located where it is, we don't see any area where landscaping can be applied. Upon separate permitting of pool and pool deck, we will look for ways to add landscaping to this area. <41 D Trash staging is now located on Sheet L1.1. Existing docks are to remain. If any changes are to be done, this will be under separate permit. t45?7 A BOA application has been filed and hearing will take place before CDB meeting for rear setback to seawall. Mark Parry restated that side setbacks are ok at 10'. t Scale has been changed for easy reading. I know our eyes aren't what they used to be. Match on density has been computed. See Site Data Sheet. 4Pool access has been provided. See Sheet C3.1. ?1 Height has been indicated on Site Data Sheet C3.1. Please see attached for evidence of 11 existing units. If there are any other questions or comments, please do not hesitate to call. 4re rel y, en A. i liams Project Director RE"EVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Northsme • 5"i"" SmAka 9101i LETTER OF TRANSMITTAL Date: May 12, 2005 To: City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Attn: Sherry L. Watkins, Administrative Analyst Reference: Palazzo Clearwater / 657 Bay Esplanade NES Project #510 We Transmit: (X) Enclosed () Under Separate Cover () Mail () Courier Q Pick-up (X) Hand Delivered () Per Your Request (X) For Your Review & Comment () For Your Use () For Your Approval () For Your Files () For Your Information CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORIGINAL (X)Originals (X) Prints () Addendum () Shop Drawings () Specifications (X) Applications () Floppy Disk COPIES DATE DESCRIPTION 15 3128/05 Civil & Landscape Drawings (9 sheets) 1 sets signed & sealed 15 3/28/05 8-1/2"x11° Civil Site Plan 15 3/28/05 8-1/2"x11° Colored Landscape Plan 15 3/28/05 Comp. Landscape Application 2 & 1 Plan 15 3/28/05 Flex Development Application 15 3/28/05 Letters of Authorization & Affidavit 15 3/28/05 Warrant Deeds 15 3/28/05 Surveys 1 signed & sealed 15 3/28/05 Stormwater Report 1 signed & sealed 15 3/28/05 8.5x11" Colored Renderings Architectural 15 3/28/05 8.5x11" Building Elevations 15 3/28/05 Color Charts 15 3/28/05 24x36 Architectural Drawings 15 3/28/05 Complete TDR Package, apps, surveys, deeds, letter Comments: Design Review Committee for June 21, 2005 deadline RECEIVED Doreen A. Williams 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NE5ADMIN@MINDSPRIN6.COM NESTECH@MINDSPRING.COM 727 - 443 - 2869 FAX 727 - 446 - 8036 MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Northsme CIVIL • LAND PLANNING • • eA&a ?ENVIRONMENTAL • Mar 28, 200 ? TRANSPORTATION • City of Clearwater - Planning Department Attn: Wayne Wells, Planner 100 S. Myrtle Avenue Clearwater, FL 33758-4748 RE: Application for Transfer of Development Rights 657 & 663 Bay Esplanade Dear Mr. Wells: As per the requirements outlined within the TDE application, Section 4-1402 and 4-1403 of the City Code are addressed below: Section 4-1402 1. Prior to the issuance of a building permit, the mortgage holder of the sender site shall provide written consent to the transfer of development rights for two units to the above property. There is no mortgage holder of the sender site at this time and the property owner has already given his consent as noted within the application. 2. The sending parcels are in compliance with all property maintenance standards specified within Article 3 of the City of Clearwater Development code. Two units are being transferred from 116 Brightwater Drive (Belle Aqua Villas II), Clearwater, Florida. Brightwater Drive site is .34 acres. Based on the maximum density of 30 units per acre would allow for 10 units. Six units were constructed at Brightwater Townhomes, leaving 4 units for transfer. We are requesting two units of density from Belle Aqua Villas II to the subject site at 657 Bay Esplanade (Palazzo Clearwater). 3. Prior to the issuance of a building permit, a special warranty deed will be recorded specifying the amount of transferable development rights which are being conveyed or sold and the real property from which rights are being. conveyed or sold and the real property from which rights have been transferred. 4. Not applicable to this project. 5. The subject receiver side is located within a re-development district (Beach By Design) and will not exceed the maximum transferable density of 20%. ORIGINAL 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N E5ADM1 N@MI N DSPRI NG.COM NESTECH@MINDSPRING.COM 727 • 443 - 2869 FAX 727 • 446 - 8036 --ft 9 0 Mr. Wayne Wells March 28, 2005 Page Two Section 4-1403 A. 1. This proposal will not adversely impact the fair market value of surrounding properties as the project includes the demolition of one 7-unit apartment complex and two duplexes and construction of a 13-unit condominium project which will consists of 6-living levels over parking. Per the property appraiser's office, the existing value of the site is $855,900. The proposed condominium development would significantly improve the value of the site to approximately $12,000,000.00. 2. Residential dwellings are permitted uses within the City of Clearwater. 3. The residential use proposed is compatible with other existing and proposed multi-family residential uses. 4. The proposed project will upgrade the immediate vicinity with the removal of two buildings built in 1951. New construction in this area will pave the way for additional new buildings in likeness. 5. The proposed development will play a role in the continuous positive changes of Clearwater Beach. The City will benefit by having a newly revitalized site and a less intense use consisting of long-term residents. The proposal will provide on-site parking, thereby eliminating the need for related parking within the right-of-way. The proposed landscaping, inclusive of landscaping will be a significant improvement to the surrounding area. B. The transferable development rights are residential units being used for residential units which are currently allowed in the current zoning district. C. The proposed development will not be asking for a height increase. D. The sender site is located within the Tourist District and the receiver site is within the Tourist District. E. Not applicable to this site. F. The uses on both the sender and receiver sites are the same - residential. G. All statements as required regarding #'s 1, 2 and 3 are provided on the attached exhibit. H. City Staff to address this issue. If you have any further questions regarding this transfer, please do not hesitate to contact me at either 443-2869 or 235-8474. Sincerel ` - Doreen A. illiams ORIGINNIAL " Project Director ?°"rJ Northsffle Sq4t"smizea 110, ORIGINAL* CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • LETTER O F TRAN S M ITTAL Date: March 31, 2005 r?D G; W S"_ To. City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, Florida 33758-4748 Attn: Sherry L. Watkins, Administrative Analyst Reference: Palazzo Clearwater / 657 Bay Esplanade NES Project #510 We Transmit: (X) Enclosed () Under Separate Cover (X)Originals () Mail () Courier (X) Prints () Pick-up (X) Hand Delivered () Addendum () Shop Drawings Q Per Your Request (X) For Your Review & Comment () Specifications O For Your Use O For Your Approval (X) Applications () For Your Files (} For Your Information () Floppy Disk COPIES DATE DESCRIPTION 15 3/28/05 Civil & Landscape Drawings (9 sheets) (1) sets signed & sealed 15 3/28/05 8-1/2"x11" Civil Site Plan 15 3/28/05 8-1/2"x11" Colored Landscape Plan 15 3/28/05 Comp. Landscape Application 2 & 1 Plan 15 3/28/05 Flex Development Application 15 3/28/05 Letters of Authorization & Affidavit 15 3/28/05 Warrant Deeds 15 3/28/05 Surveys 1 signed & sealed 15 3/28/05 Stormwater Report 1 signed & sealed 15 3/28/05 8.5x11" Colored Renderings Architectural 15 3/28/05 8.5x11" Building Elevations 15 3/28/05 Color Charts 15 3/28/05 24x36 Architectural Drawings 1 3/28/05 Ck #1003 in the amount of $1,205.00 15 3/28/05 Complete TDR Package, apps, surveys, deeds, letter Comments: Design Review Committee for March 31, 2005 deadline B 6AI / -4"- oreen A. Williams Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 - 446 - 8036 t'?n "M ? i Planning Department 100 learwater, South Myrtle Avenue Clearwater, Florida 33756 CTate C r Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans ? SUBMIT APPLICATION FEE $ _-___ * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) CASE #:4-L DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: ------------------- SOUTH: ------------------- WEST: ------------------- EAST: FLEXIBLE DEVELOPMENT APPLICA (Revised 12/30/2004) -PLEASE TYPE OR PRINT - A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: MAILING PHONE NUMBER: 7 a&_7 / FAX NUMBER: ?? - PROPERTY OWNER(S):?A? Ll / (Must incl de ALL owners as listed on the deed - page 6) AGENT NAME: 7 UU ALWayc_-n1?C/A'0'z /"C7 eI lLd1??s) --??!L------ MAILING ADDRESS: /k6` ????_J'_------- PHONE NUMBER: 7? c/?- ___----- FAX NUMBER:A.! 0,34O CELL NUMBER: -7 UO Z V3 E-MAIL ADDRESS _,,_ k-/(? B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS of subject site: CZ//_/??_? I FrAI nPRr.RIPTI0N- l-CJ C (if not lis d here please o e the location f this doc ant in the 5/ubmittal I I MAR 3 1 2005 PARCEL NUMBER: R/?57? o??J7LrJ?O_ 0? ---- =--------------------- _ ?37? /?_ tai r_ F PARCEL SIZE: (acres, square feet) L PROPOSED USE(S) AND SIZE(S): 13 _&' // /_ 4 ?1? c? _C [ ?/ RJC ____________ (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF REQUEST(S): _??? ?? -G?LL?1?-___ Attach sheets and be specific when identifying the request (include all requested code deviations; e.g. reduction in required SVGS etc.) I L 2 2005 Page 1 of 6 - Flexible Development Application 2005- City of Clearwater L?] DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS. (?TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES 4- NO ____ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) 1 SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see age 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) l? Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. -- ------QQ---------------/----?--?-/-- /-?---------------------------------------------- 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. --- -------------------------------------------------------------- -------------------------- 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed -- use. --- ------ ---- - -- - - -E A 4. The proposed development is designed to minimize traffic congestion. -- --------------------------?-/---------/------------------------------------------------------- 5. -- The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. ---------------------------------- -- - ---- 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. -- --- ks--- CAP _1L/!------------ --- ? Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how each criteria is achieved, in detail: e. i wit; Page 2 of 6 - Flexible Development Application 2005- City of Clearwater 7 • E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Crite Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that invol addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance with t City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exemption 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: 0 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 ___ Existing topography extending 50 feet beyond all property lines; __ Proposed grading including finished floor elevations of all structures; ___ All adjacent streets and municipal storm systems; ___ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; _ A narrative describing the proposed stormwater control plan including all calculations and data necessary to demonstrate compliance with the City manual. __ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ? 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 provided_ CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ` SIGNED AND SEALED SURVEY (including legal description of propert?c y) -One original and 14 copies; OOTirRluding EE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, drip lines and indicating trees to be removed) - please design around the existing trees; LOCATION MAP OF THE PROPERTY; ARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards lie. 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; RELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); OF RECORDED PLAT, as G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; L A Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; n ___ Location map; } 12vo? ___ 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; All required setbacks; All existing and proposed points of access; All required sight triangles; ' Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Page 3 of 6 - Flexible Development Application 2005- City of Clearwater 1 0 0 Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; A` All parking spaces, driveways, loading areas and vehicular use areas; _ Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening (per Section 3-201(D)(i) and Index #701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and r Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; _ Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ?j REDUCED SITE PLAN to scale (8'/z X 11) and color rendering if possible; ? FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; -__ Lot lines and building lines (dimensioned); ___ Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; ___ Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ,? LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; _ Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; __ Existing trees on-site and immediately adjacent to the site, by species, size and locations, including 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, backflling, mulching and ` protective measures; l_ 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'/1 X 11) (color rendering if possible); ORIGINAL 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. ? 1. 3 12005 4 Page 4 of 6 - Flexible Development Application 2005- City of Clearwatert • 1. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) Required in the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part of a Comprehensive Infill Redevelopment Project or a Residential Infill Project. 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 '/2 X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS if Section 3-1806) 4 ?p All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or ?\ to remain. ? All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/1 X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ? Include if required by the Traffic Operations Manager or his/her designee or if the proposed development: • Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. • Will generate 100 or more new vehicle directional trips per hour and/or 1000 or more new vehicle trips per day. • Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. 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. . 1-a'S t 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 Ur I' OCCUR. 1 2??? kA big 3 ? - If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. t- L. SIGNATURE: I, the u d rsigned, acknowledge that all representations made in this apl i are true and accurate to the best of my knowledge and auth I City representatives to visit and photograph the property des i ,ethis application. STATE OF FLORIDA, COUNTY OF PINELLAS W Sworn o and subscribed before a this?0_-_ day of r A. D. 2W to me and/or by ? _, who is personally known has produced ----'? -------------------- as of property owner or Notary public, My commission expires: Page 5 of 6 - Flexible Development Application 2005- City of ?410 ro DOREEN A. WILLIAMS MY COMMISSION # DD 155802 ?oF?oP EXPIRES: October 14, 2006 18043-NOTARY FL Notary Service $ Bonding, Ira CITY OF CLEARWWI R AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 9q?A Edo MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE (727)-562-4567 FAX (727) 562-4576 r--x- C,,5 `+ tiM (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: (Address or General Location) 2. That this property constitutes the property for which a request for a: }?vV Et ca?lLt? (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint N0ZTkgl>C-' ?f ?i ??-?..1?sCi ??i?.?f ?C? ? .?i.3? ,A?d? /?,?;?lYvlf'?(? ??tJ???P?U?IS A.u,L as (his/their) agent(s) to execute any petitions or other docum nts necessary to affect such petition; ='j < 4. That this affidavit has been executed to induce the City of Cle rw Florida to , Sider and act on the above described property;; 5. That (1/we), the undersigned authority, hereby certify thief#egoi ?g is true and correct. Property ti Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this _241 'Ly- day of _ , 205' personally appeared A--1-WiDo'l kw- t- e} who having been first duly sworn deposes and says that he/she fully understands the contents of the affidavit that he/she signed. My Commission Expires: l ?jJ? ry Public vt> 0? 1 C9 S: application forms/development review/Affidavit to Authorize Agent , A. RE(iMIALD ERMU .O OR' GNAL e MY COMMISSION 0 DD 089160 r ,? t ,?11 ?N. EXVIRES:F?hnegr5?2006 Swded Tin MaVd No" ?f MAR 3 12005 Mar-24. 2005 10:59AM ME DEVELOPMENT No,2684 P. 3 CITY OF CLEAR R AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING, 100 SOLTrI MYRTLE AVENUE. 2" FLOOR ,HONE (727)-562-4567 PAX(727)562-4576 (Addrents or Genial tom) 2.. That this property constitutes the property for which a request fora: ?j >r-tcaPM?T' (Natuee of reques 3. That the undersigned (has/have) appointed and (does/do) appoint a5 thmme1r) e91:n1(S) b emoute any psftm or oilier oocuffmfits necessary to atreat such Pe'Wm; ? ? •-• 4. That this affidavit has been executed to induce the City of Clearwater. i=lorida to consider and act on the above described property; 5. That (!/we), the undersigned authority, hereby oer6fy t ing is true and cared PrCOCAY owner STATE OF FLOW EA. comirv, of c+enest.RAS I the md" d. an officer duly commissio?f the haof the mate P( Florida. on this _ day of ?1? . Petsanally appeared . hSQrd? S(1l1 who having been first duly sworn deposesarxi says that he/she fully understands the wntetds of the &Mda%d that heishe signed, My Commission Expires: I I I ;P ,op S: epPlkOft kwr ~I W.'M MAVNWW I* AetUmme Agent oRIGHNAL DEBRA S. PATE KAY COMMISSION # DD163386 PUBLIC r :. ARES NOV 29 2006 V LORIOA BONDED THROUGH ?:+ INSURANCE COWAW 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property; 0 & Exhibit "A" to Flexible Development Application (Level II) 657 Bay Esplanade (Palazzo Clearwater) Proposed Use and Size: 13 Attached Dwelling Units Description of Request: To raze the existing duplex units and single-family homes on Lots 4 and 5 and other existing improvements on site and to construct a 13-unit condominium, five living levels over parking, on-site retention and landscaping project through the utilization of the City's provision for Termination of Status of Nonconformity (Section 6-109 of the Community Development Code) and utilization of the City's provision for Transfer of Development Rights (Section 4-1401 of the Community Development Code). Requested reductions include: FRONT: (north along Bay Esplanade) from 0'-15' to 5' to pavement and 35' to building. SIDES: from 0-10' to 10', except on the east side, 8' for less than 33% of this side due to the shape of the lot. REAR: 10-20' to 0' to the pool deck, 7' to the pool and 10' to building, Transfer of non-conformity calculation: 11 residential units plus 20% = 13 units Written Submittal Requirements: 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. • This current area of Clearwater Beach is begin to transform into a newly redeveloped area. The proposed building scale, bulk, coverage, density and character will be in uniform with surrounding properties. The building will be of Italian style architecture. The density has not been exceeded, and like all other projects on this end of the beach, the lot coverage has not been exceeded, but made the most of. Although we have requested a variance on the front, this is to exceed the 1.5 parking requirement. The current site as it sits today has a front setback of 4.83', side setback of 2' and a rear setback of 3'. Most of the properties in this area are in the same range of setbacks. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and building or significantly impair the value thereof. • The proposed condominium structure will meet current Building Code requirements, which will be a significant improvement over current site conditions. An on-site retention pond will keep water from running into adjacent properties. The value of properties in this area, whether they have or have not been redeveloped will not impair the value per local appraisers and tax records in this surrounding area. ORIGINAL ?A?312p0? 0 0 Exhibit "A" to Flexible Development Application (Level II) 657 Bay Esplanade (Palazzo Clearwater) Page Two 3. The proposed development will not adversely affect the health or safety of persons residing or working within the neighborhood of the proposed use. • All required parking would be provide on site which will help alleviate on-street parking and vehicular congestion/safety. The proposed use is residential which is in uniform with the neighborhood. Being the property is proposed as residential, there will not be any harmful materials, etc. on site to affect the heath or safety of any individuals in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. • All parking will be contained on-site. The majority will be contained under the building. The proposed development will have two entrance/exits to alleviate traffic from stacking on the street. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. • The project will be in compliance with the current "Tourist" zoning district. The character of the immediate vicinity is going through a major change in redevelopment. This project will be consistent with surround projects proposed for this area. ' 6. The design of the proposed development minimizes adverse affects including visual, acoustic and olfactory and house of operation impacts. • The proposed development use is residential as opposed to other more highly intense uses that would be allowable within the tourist district. There will not be any adverse affects. There will not be a bar or nightclub which would impact the acoustics or hours of operation nor will olfactory impact be affected since the site will not house a restaurant where odors from cooking and trash accumulation may occur. The Italian style architecture will be a very eye pleasing project with upscale architectural features which will far exceed many proposed projects. Provide complete responses to the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested. • The existing, proposed and required zoning and land uses are in uniform. The proposed development has met the required density, minimum lot area, building height and kept within the flexibility setbacks and has exceed the minimum parking requirements of 1.5 cars per unit. ORIGINAL ???A? 312Q??' 1 • r Exhibit `A" - Flexible Criteria (continued) 657 Bay Esplanade (Palazzo Clearwater) Page Three Attached Dwelling: 1. Lot area and Width. o No reduction in lot area or width is being requested. 2. Location: a The property is location on Bay Esplanade. There will be no access to any arterial streets. This proposed development is quite a distance from an intersection. 3. Hei ht: o In the Tourist District "Beach by Design" an exact height has not been noted via code so we are not asking for any increase in height. o N/A 4. Setbacks: a The reduction in the front setback is necessary to increase the amount of parking on-site. By this reduction, we able to exceed the parking code which is 1.5 spaces per unit. We have proposed 1.9 cars per unit. o The proposed front setback improves the site by maximizing parking. a There is no reduction requested in the sides or the rear, the side reduction is held at 10' per code and the rear in the flex development ranges from 10'-20'and we are in the 10' setback range. o A side reduction is not being requested. The rear setback per code is within range, but asking to be granted the lesser of the flexible variance, this allows for additional parking and amenity. 5. Off-street a Off-street parking is not applicable to this project. All parking is contained on- site and the minimum parking requirement has been exceeded. 6 Tourist District Beach by Design: o The proposed redevelopment project in the Tourist - Beach by Design district is designed to compliment the surrounding new redevelopment projects. Palazzo Clearwater will keep in scale with surround projects on Clearwater Beach. The proposed height of 64' is a mid-level design keeping with other like projects. The building is being kept over 30' back off the property line as not to crowd the pedestrian walks with a residential building. The rich, Italian style architecture will be aesthetically pleasing not only to the residing owners, but also to tourist and surrounding neighbors. ORIGINAL ? \t c'r' _ Egf1g:. c/........ FIETUAN TO Stephen G. Watts, Esquire MEYER & WATTS 611 Druid Road East,. #107 Clearwater, Florida 34616 Parcel (Folio) Number: 52915-54756-077-0040 Grantee(s) s-s.n: 1 A4? !1? : 1 ?Pyr 10T-,IFT.T,AS <:O[T',ITY FT-A, OFF., pFC•' , RK 0082 PC 2c;71 THIS WARRANTY DEED, Made the 2nd day of December, 1997, by ROBERT E. WEISER, jointed by his spouse, LINDA WEISER, hereinafter called the Grantor, to BEACH & GULF SANDS, INC., whose post office address is 657 Bay Esplanade, Clearwater Beach, Florida 33756 hereinafter called the Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land, situate i=ce Pinellas County, State of Florida, viz: Lot 4, Block 77 of MANDALAY UNIT 5, according to the map or tDINq plat thereof as recorded in Plat book 20, Page 27, of the Public Records of Pinellas County, Florida. Subject to that certain First Mortgage by and between S,j ROBERT E. WEISER, as Mortgagor and PASCHOALENA C. POTTER, as Mortgagee, the same being dated December 27, 1995 and recorded on December 29, 1995 in O.R. Book 9207, Page 1314, Public Records of Pinellas County, Florida with a present principal balance of $189,566.93. Together, with all the tenements, hereditamer_ts and appurtenances thereto belonging or in anywise appertaining. ?•?0? To Have and to Hold, the same in fee simp1 _e forever. ?u And the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1997. Documentary Tax Pd. 3 L ` /- ' J.- :2.. I / 7 , S Intangible Tax Pa Karlevn F De Elaker, Clerk, Pinellas County By Depurj Clark I?lJL? t L;55 PlANN ', r b t. t'.? t , 1CO046a73 i?'E 02-•)4-.1999 1703:7.0 01 DED ',jE:fiES RECORDING 1 310.0 DOC STAIN CC.LCT?QN 2 5663.5? :OC "sTA iF' - "vR2_'? 3 S2_117?. TOTAL: $2,791.60 CHECK OL TENDCRED: $2,791.60 fNANGE: 5.00 r 00. P T?' ' AR COUNT`! FT. A, OFF.R K 9982 PC, 2572 the said Grantor has signed and sealed IN WITNESS WHEREOF, these presents the day and year first above written. / Sig d, sealed and delivered / in resence of: Witn?ss Signature r„ ,_, P name?.??yi?' Witness Signature PA Printed name Witness)!?rignature P me e Ir7 all- Witness signature PATRtC1A A. MOM Printed name BERT E. WEISER A Printed name E t?l? C---, CIA Post Office Address INDA WEISER 4. 1z Printed name Post Office Address N`tI y4?vR; ?U <3vX 33 31 ter, 7 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before methis his Z day of December, 1997, by ROBERT E. WEISER, joined spouse LINDA WEISER, who are either personally known to me or who produced the following form of identification: 4NotrVy Public my commission expires: OF sto STEPHEN G. WATTS 9 "y wmm Exp. 712 U2o01 TAAY 'A^r PUBLIC i BwdeO By Sepia Ins No. 6636] 8 t 1 Porw"Iy Kne..? 1 I Caw 1.0. Printed notary name . I f . *tat . o k Wpurtmrnt of Otate I certify from the records of this office that BEACH & GULF SANDS, INC. is a corporation organized, -under the laws 'of the State Df- -Florida, filed on December 3, 1997. The document number of this corporation is P97000101792. 1 further certify that said corporation has paid all fees due this office through December 31, 2004, that its most recent annual report/uniform business report was filed on March 17, 2004, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. f•"' 1 ? 2005 r KANN! T SVCS Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this'the Eighteenth day of March, 2004 ,?,z, E . /moo/ Gfen.btt ?i_ cmvn.d GSErretnrm of?$tafz CR2EO22 (2-03) • ?7? ARTICLES OF INCORPORATION OF BEACH & GULF SANDS, INC. The undersigned natural person of legal age, acting as incorporator under the provisions of 8 Florida Statutes, Chapter 607, adopts the following Articles of Incorporation: ARTICLE I Name The name of this corporation shall be: BEACH & GULF SANDS, INC. with its.principal office at 16805 U.S. Highway 19 N., Clearwater, Florida 33764. ARTICLE H The corporation may engage in any activity or business permitted under the laws of the United States of America and -of this State. ARTICLE III Stock Clause The aggregate number of shares of stock which this corporation shall have authority to issue shall be 7,500 shares of common stock (each with a par value of $1.00). ARTICLE W Su scrijbC M IrtcMoratorsand Directors The names and addresses of the Subscriber(s), Incorporator(s) and Director(s) are: Name Keith Hardison 16805 U.S. Highway 19 N. Clearwater, Florida 33764 • r corporation, in the ratio that the number of shares he holds at the time of issue bears to the total number of shares outstanding excht.sive of treasury shares. This right shall be deemed waived by any shareholder who does not exercise it and pay for the shares pre-empted within thirty (30) days of receipt of a notice in writing from the corporation stating the prices, terms and conditions of the issue of shares and inviting him to exercise his pre-emptive rights. This right may also be waived by affirmative written waiver submitted by the shareholder to the corporation within thirty (30) days of receipt of notice from the corporation. ARTICLE X Effective Pate The date that corporate existence shall begin shall be December 3, ,1997. This election is pursuant to Florida Statute 607.167. ARTICLE XI Regissj= Office an Registered Agent The address ofthe initial registered office ofthis corporation is 2123 N.E. Coachman Road, Suite A, Clearwater, Florida 33765, and the corporation's registered agent is Thomas C. Little, at the above address. IN WITNESS WHEREOF, the undersigned, being the incorporator of this corporation, execute these Articles of Incorporation and certify to the truth of the facts herein stated, this 0 tJ .o day of T_EcjF- - , 1997. idrr)YHARDISON STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the-undersigned officer, duly authorized to administer oaths and take acknowledgments, personally appeared KEITH HARDISON, and who after being duty cautioned and sworn, slid depose and say that he has affixed his name to the foregoing Articles of Incorporation of BEACH & GULF SANDS, INC., as the originat subscnber to said corporation, for the purposes therein expressed, and who has produced DRIVER'S LICENSE as identification. NOTARY PUBLIC sign- Print A .N F-T- S uL. L? vA?'1t STATE OF FLORIDA AT LARGE My Commission Expires: mpaeNbea&=t • Prepared by and return to: Leslie Gaudet All County Title Services, Inc. 2499 Glades Road, Suite 112 Boca Raton, FL 33431 File Number: 04-38Menna Will Call No.: Parcel Identification No. 05-29-15-54756-077-0050 0 KARLEEN F. DE BLAKER, CLERK OF COURT PINELLAS COUNTY FLORIDA INS T# 2004141436 04/06/2004 at 03:55 PM OFF REC SK: 13483 PG: 656.660 DocType:DEED RECORDING: $24.00 D DOC STAMP: $6195.00 0 ( I l I 11 Vi Mini' 1.2 2u31a J [Space Above This Line For Recording Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this day of March, 2004 between Mark R. Molepske, a single man, John F. Walsh, a single man, Keith A. Henderson, a single man whose post office address is 3430 N. Lake Shore Drive #9L, Chicago, IL 60657, grantor*, and North Clearwater Beach Development, LLC, a Florida limited liability company whose post office address is P.O. Box 4189, Clearwater, FL 33758, grantee*, Witnesseth that said grantor, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida, to-wit: Lot 5, Block 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the map or plat thereof as recorded in Plat Book 20, Page 27, as replatted in Plat Book 20, Page 48, Public Records of Pinellas County, Florida. SUBJECT TO: taxes for 2004 and subsequent years, covenants, restriction, easements, reservations and limitations of record, if any, which are not reimposed by this deed. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. DoubleTime® Warranty Deed: Mark R. Molenske. a single man, John F Walsh, a single man, Keith A Henderson, a single man to North Clearwater Beach Development, LLC, a Florida limited liability companX The Grantor, Mark R. Molepske, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at 3430 N. Lake Shore Drive, #9L, Chicago, IL 60657. The Grantor, John F. Walsh, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at The Grantor, Keith A. Henderson, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness 1.4 a ' : ,Q -&J (Seal) Mark R. Mole Witness Witness Name: John F. Walsh Witness Name: Witness Name: Witness Name: State of County of Keith A. Henderson (Seal) (Seal) The foregoing instrument was acknowledged before me this 0?ay of Marc 2004 by Mark R. Molepske, who L] is personally known or [?!] has produced a lSL?OA .SIi i? driver' iqe se as identification. [Notary Seal] 'OFFICiAL SEAL" SULTANA GOWAN9 Notary Public, State of IllinMy Commission Expires August 4:,20051 Notary Public J Printed Nam : UL Iii?R of-F^'t 1 My Commission Expires: U? . Lot( a ? Warranty Deed (Statutory Form) - Page 2 DoubleTime@ Warranty Deed: Mark R. Molepske, a single man, John F. Walsh, a single man. Keith A. Henderson, a single man to North Clearwater Beach Development, LLC a Florida limited liability company The Grantor, Mark R. Molepske, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at 3430 N. Lake Shore Drive, #9L, Chicago, IL 60657. The Grantor, John F. Walsh, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at 61 The Grantor, Keith A. Henderson, being under oath does swear the prop , herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witness Name: Witness Name: es wit] Witness Name: Mon, X Mark R. Molepske (Seal) (Seal) John F. alsh Witness Name: Witness Name: Keith A. Henderson Seal) i State of County o t. The foregoing instrument was acknowledged efGre me this day of March, 2004 by •A4ar': ??'?ske, who i' personally known or[_] has produced a ?I.i? ?Qi.. _ driver's licens 's identification. [Notary Seal] otary Public SHERYL A. QUAY D _ s /L?t L L / Printed Name: COMM. #1297600 -r NOTARY PUBLIC•CAUFORNIA Los ANGELES COUNTY `•..., My Comm. Expires ApI 1a, 20Q5 My Commission Expires: 6Varranty Deed (Statutory Form) - Page 2 DoubleTimee Warranty Deed: Mark R Molepske, a single man, John F Walsh, a single man Keith A Henderson, a single man to North Clearwater Beach Development LLC, a Florida limited liability company The Grantor, Mark R. Molepske, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at 3430 N. Lake Shore Drive, #9L, Chicago, IL 60657. The Grantor, John F. Walsh, being under oath does swear the property herein described is not his homestead as defined by the laws of the State of Florida and that he in fact resides at The Grantor, Keith A. Henderson, being under oath does swear the property herein ?esc beds }s not his o stead a defined by the laws of the State of Florida and that he in fact resides at l? ?5 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (Seal) Witness Name: Mark R. Molepske Witness Name: (Seal) Witness Name: John F. Walsh Witness Name: NA Wi ess e: o"T ?L3fj A Witness Name: Q A* jfit%' kihhLAt ? Henderson State of County of The foregoing instrument was acknowledged before me this personally known or L] has produced a day of March, 2004 by Mark R. Molepske, who [J is driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: Warranty Deed (Statutory Form) - Page 2 DoubleTimeo State of _ County of Notary Public The foregoing instrument was acknowledged before me this _ day of March, 2004 by John F. Walsh, who U is personally known or [I has produced a driver's license as identification. [Notary Seal] t I State of Cr County of Printed Name: • My Commission Expires: The foregoing instrument was acknowledged before me this ? day of March, 2004 by Keith A. Henderson, who [A is personally known or [has produced a (_ drive ' icense as i nti7,."n. [Notary Seal] Notary P li ,?q Printed Name: i! #q Ad C'2 RAMZAN JAT'T? A A My Commission Expires: a? Comm, # 1359643 ?{nn NOTARY PUBLIC •CALIFORNIA U1 Oranue County a. 1 My Comm. Expires JuneB,2006? Warranty Deed (Statutory Form) - Page 3 DoubleTimee Mar,24. 2005 10:59AM M A DEVELOPMENT No.2684 P. 2 LETTER OF AUTHORIZATION This letter will serve as authorization for Housh Ghovaee (agent Nme) with NINNU lde MONUft b1deAit ft to act as an agent for Kew 4Wbi (Property Owner's Name) And to execute any and all documents related to securing permits and approvals for the construction on the property generally located at CP5,4- ?A{ W , e F.:: Z A (t•f PINELLAS County, State of FLORIDA. Sign re of Property Owner ne o "?i?ot,) Print Name of Property Owner Address of Property Owner Title City/State/Zip Code Telephone Number State of 11 ?? 0- The foregoing instrument was acknowledge before me this day County of Rpel, IaS of ?. 20-9 by l 9. KeEdl *k6df Prlf-?]??j who is personally known to me or who has produced 1) (1 Ye as identification and who did (did not) take an oath. C?JV-D-A4c?-u Notary Public ry (Signature) COMMISS ION 8 DD163388 ' EXPIRES (Name of Notary Typed, Printed or Stamped) ($EAL ABOVE BON r_1'%A4 ORIGINAL MAR 3 1 2005 • r LETTER OF AUTH O RIZATI ?1[? CID II ?? tdAY 122005 This letter will serve as authorization for with NerMSide Engineering Services, INC. to act as an agent f 3rAC+? c?.aPvti ?- , LLB.. (Property Owner's Name) And to execute any and all documents related to securing permits and approvals for the construction on the property generally located at G wA-,?rr? F36AC-t (Property unty, St*,67of FLORIDA. Owner Address of Property Owner U4A-9,'*Ml- -, FL ?-:>5-4e-Y6 City/State/Zip Code Print Name of Property Owner /M A-MA GIM61A Title T -::7 Q(L?° 0e,?2 2 Telephone Number Svcs State of l -1>A The foregoing instrument was acknowledge before me this 2 1'Rday County of of J 'I Q , 2005-, by Q I? AiJijk as who is personally known to me or who has produced as identification and who did (did not) take an th. A. REQINALD TERMULO MY commISSION # DD 089169 * ?+ « F)tPIAE6: Febiwry 5, 2006 BondW Tlvu SudW Napry Servloee . I4''rEOF 1101, Notary Public (Signature) p Q Commission # 0 ?Fj 1 sJ (SEAL ABOVE) '' . F {ICAW" -T?f'm u (Name of Notary Typed, Printed or Stamped) ORIGINAL t45AR 31 2c35 0 CITY OF CLEARM ER AFFIDAVIT TO AUTHOM AGENT PLAWNG & DEVELOPMENT SERVICES ADNVIIlrIISTEATION ?W MCIPAL SERVICES BUILDING, 100 SOLTi3 MYRTLE AVENUE. 2"` FLOOR - PHONE (72?}-562.9567 FAX (727) 562-4573 Property t--- 1 - That (I am/we are) the owner(s) and record title holder(s) of the following d?Wtprelt>.-_,R.? .- } `5 BAq r.. t , FI t PLANNING & Of VEt CWVE K1 ;PVC! 2.. That this property constitutes the property for which a request for a: (Natmsotrequesq 3. That the undersigned (has/have) appointed and (does/do) appoint _&_ Rgi. as tawmevr) e9ongs) to emsa m any pe ftm or other dommAts neoassary to attvct such pettyon; 4. That this affidavit has been executed to induce the City df Clearwater. Florida to consider and act on the above described property; 5. That (Uwe), the undersigned authority, hereby %fy t = ing is true and correct, a?,.r Prowty Owner STATE OF FLORIDA, aaumTV of pim M8 afore the urKk rsi , an officer duly conwiliasito??d bP the la I the State Qf Fiodda, on this ? day parsonaliy appeared (L l1PCtA 1?r2 SUl l who hAVing been first duly swoom de?poses-and says that he/she fully understands the oontents of the affidavit that helshe signed. My Commission Expires + I ?Y S: epplbxlon kwmddsvelo m0M revkWAtAdevn to AWwdm AgerM • Planning and Development Services T 100 South Myrtle Avenue r Clearwater, Florida 33756 ax . -D MAY 12 2005 ? SUBMIT ORIGINAL SIGNED ? SUBMIT 1 COPY OF THE ORIGINAL site plan • CASE #: ---------------- DATE RECEIVED: _ RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: / ------- ---------- SOUTH: -------- -------- WEST: EAST: / COMPREHENSIVE LANDSCAPE PROGRAM REQUIREMENTS (Revised 9/19/2001) D. APPLICANT,.PROPERTY OWNER AND AG NT INFORMATION: (Code Section 4-1001) APPLICANT NAME- MAILING ADDRESS: ------------- PHONE NUMBER: FAX NUMBER: 7 - -7 F50-f' - PROPERTY OWNER(S): --- ? (Must include ALL ow ers) _ AGENT NAME: (Contact Person) (i:00 -C?y11 MAILING ADDRESS:?!L/J _?1?J?1!L ? L?aLL?'% -? 2 ------ PHONE NUMBER: /d 7 - 7 0-b? FAX NUMBER: The landscaping requirements of Article 3 Division 12 may be waived or modified as apart of a Level One or Level Two Approval, as the case may be, if the application for development approval includes a Comprehensive Landscape Program, which satisfies the following criteria. The use of landscape plans; sections/elevations, renderings and perspectives may be necessary as supplementary information in addition to the information provided on this worksheet: 1. Architectural Theme. a. The landscaping in a Comprehensive Landscape Program shall be designed as a part of the architectural theme of the principal buildings proposed or developed on the parcel proposed for the development. ?.. MAR 3 1 203 ?s}q'tM? '.. {ZP 3 • OR • b. The design, character, location and/or materials of the landscape treatment proposed in the Comprehensive Landscape Program shall be demonstrably more attractive than landscaping otherwise permitted on the parcel proposed for development under the minimum landscape standards. 2. Lighting. Any lighting proposed as a part of a Comprehensive Landscape Program is automatically controlled so that the lighting is turned off when the business is closed. 3. Community Character. The landscape treatment proposed in the Comprehensive Landscape Program will enhance the community character of the City of Clearwater. ORIGNAL .S 4. Property Values. The landscape treatment proposed in the Comprehensive Landscape Program will have a beneficial impact on the value of the property in the immediate vicinity of the parcel proposed for development. -5 57Z 4 ,c/f c--21 ,6x E /--4- 5. Special Area or Scenic Corridor Plan. The landscape treatment proposed in the Comprehensive Landscape Program is consistent with any special area or scenic corridor plan which the City of Clearwater has prepared and adopted for the area in which the parcel proposed for development is located. pP0.g 3 1X05 Please return checklist for review and verification. Date: - , O'S----------- - __ ___ ---------------------------------------- (Signature of applicant) S: application forms/development review/comprehensive landscape program application.doc i . , ,. 0 0 Comprehensive Landscape Program Requirements 657 Bay Esplanade - Palazzo Clearwater 1. Architectural Theme The architectural theme for the proposed redevelopment project is base on an old, elegant Italian style. The proposed landscaping will not only blend with the Architectural theme but also with the Florida climate and surrounding neighboring properties. 2. Li htin No lighting is being proposed at this time. 3. Community Character The proposed landscape treatment will enhance the community's character immensely. Currently in the surrounding area, landscaping is very minimum, many parcels have gravel yards or unkempt grass yards filled with weeds and over the years have become very neglected and a true eyesore for Clearwater Beach. The side yards and entrances will be beautified to not only enhance and compliment the building, but.also the surround neighborhood. 4. Property Values Due to the lack and poor upkeep of landscaping on dilapidated properties, the landscaping will only improve the property values in this area. 5. Special Area or Scenic Corridor Plan The subject site lies within the "Old Florida District" of Beach by Design. Beach by Design contemplates landscaping that will set Clearwater Beach apart from other municipalities. Not only are the proposed landscape materials drought and salt tolerant, but they will also enhance the proposed upscale condominium project. nnr 4 11 eA ?' 4 APPLICANT'S NAME 1 L /? E CITY OF CLEARWATEP APPLICATION FOR TRANSFI DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVIC MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE A\ PHONE (727)-562-4567 FAX (727) 562-4576 MAILING ADDRESS ss PHONE NUMBER '-P "7 7 ?- 06L`? FAX NUMBER //V 69 PHONE NUMBER FAX NUMBER SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER MAILING ADDRESS PHONE NUMBER STREET ADDRESS -7'9&- ©aJI FAX NUMBER p l - Tf?s. E i*z , % 17, s - (IF IN METES AN 'd, S, ATTACH A SEPARATE SHE T) fs?oj 7' PARCEL NUMBER :be? ?lls L??? 7/L)-?_4 ICOS C7 ZONING DISTRICT SIZE OF SITE CURRENT USE OF THE / /? _ PROPERTY /I z , (# OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, Page 1 of 2 !•i ?'? 3 1 K15 OR ? JAL 'k3o:q.Yf 0. (-cd) 3'? r~ v ? t o 11 U'."'r7?'(7x?i t. ss HOW MANY DEVELOPMENT RIGIa ALLOCATED TO THIS SITE? I ,Row HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? C? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? - YES 1-' NO IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? IS A HEIGHT INCREASE REQUESTED? _ YES _ NO IF YES, HEIGHT REQUESTED: SITE FROM WHICH THE TDR WILL BE TRANSFERRED (sender site): LEGAL DESCRIPTION STREET ADDRESS /lle-/Z( PARCEL NUMBER ZONING DISTRICT (IF IN METES AND BOUNDS, ATTACH A SEPARATE SHEET) SIZE OF SITE 33,7 S? 7,3 CURRENT USE OF THE PROPERTY _k GL'qn . (# OF HOTEL ROOMS, DWELLING UNITS, COMMERCIAL FLOOR AREA, VACANT) HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR FROM THIS PROPERTY? --YES _?? NO THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THE APPLICATION: COPY OF THE WARRANTY DEED OF OWNERSHIP OR CONTRACT TO PURCHASE THE RECEIVER SITE; STATEMENT THAT THE DEED OF TRANSFER WILL BE RECORDED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. STATEMENT THAT THE DEVELOPMENT RIGHTS REFLECTED IN THE INSTRUMENT OF CONVEYANCE HAVE NOT BEEN CONVEYED TO ANOTHER PERSON. Page 2 of 2 ORIGINAL "pa' PHONE NUMBER ::16? -7 • Dal I FAX NUMBER :`1j' -/ !5?7-.!l6 D,/ _ SEALED SURVEY FOR SOT ENDER AND THE RECEIVER SITES WITH THE SQUA AGE OR ACREAGE OF EACH SITE. __ COPY OF THE ZONING MAPS WITH SENDER AND RECEIVER SITE CLEARLY HIGHLIGHTED AND LABELED I, the undersigned, acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS--- representa ons made in this application Sworn to and,subscribed before me thisg?_ day of are true a accurate to the best of my - A.D. 7 to me and/or knovyledgu . by/? - , who is personally / known has produced _ as identification. --- - R ate of property owner or representative Nota public, Q? / / my commission expires: ?J S: application forms/development review/transfer of development rights applicatlon.doc R ' 1 R i ,5 IL - Page 3 of 2 OROINAL 0 0 CITY OF CLEARWATER ??Ia AFFIDAVIT TO AUTHORIZE AGENT y o? PLANNING & DEVELOPMENT SERVICES ADMINISTRATION 9yATE11.??' MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR PHONE. (727)-562-4567 FAX (727) 562-4576 (Nature of request) , 3. That the undersigned (has/have) appointed and (does/do) appoint Vea fd l'??/d t/?ff a•(s ?? F 2 ?SF2 fs ? as (his/their) agent(s) to execute any petitions or other documents necessary ?to affe uc petition; 4. That this affidavit has been executed to induce C ity f Clearw er, Florida to consider and act on the above described property; 5. That(&e), the undersigned authority, here t t r going is true and correct. Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly com issioned by the laws of the State of Florida, on this day of S personally appeared who having been first duly sworn deposes and says that he/she fully understands the contents f the affidavit that he/she signed. 6??' Notary Public My Commission Expires: S: application forms/development review/Affidavit to Authorize Agent ORIGINAL DOREEN A. WILLIAMS MY COMMISSION # DO 155802 r 14 2006 b ??ov?oa , e EXPIRES: Octo Inc d n .- ? 8 t` t-BM3-NOTARY FL Notary Se^nce& Boc 1. Th I a we are) the owner(s) and record title holder(s) of the following described property: 2. That this property constitutes the property for which a request for a: • MDM MENNA DEVELOPMENT & MANAGEMENT, INC. March 28, 2005 City of Clearwater - Planning Department Attn: Wayne Wells, AICP, Senior Planner 100 S. Myrtle Avenue Clearwater, FL 33758-4748 RE: Application for Transfer of Development Rights 120 Brightwater Drive (sender site) 657 Bay Esplanade (receiver site) Dear Mr. Wells: lil p ?' =ts C 1? e, SlcyS 1/ 0,7 "l I, Anthony Menna, am the Managing Agent of North Clearwater Beach Develop ent, LLC located at P O Box 4189, Clearwater, Florida. The purposPanade, r ' to acknowledge my authorization of transferring development righs from the property owned by me and located at 120 Brightwater Drive to t owned by North Clearwater Beach Development, LLC located at 657 Bay Clearwater, Florida. As per the requirements outlines within the TDR application, the following statements apply to this transfer: 1. The required Deed of Transfer will be recorded prior to the issuance of a building permit; 2. The Development Rights as reflected in the instrument of conveyance have not been conveyed to another person; 3. The Development Rights have not been previously used or exercised by another person. If you have any further me at 727-796-092 NOFMI ,CLUARW regarding this transfer, please do not hesitate to contact BEACH EVELOPMENT, LLC. PEAR 3 + Agent ORIroINM- P.O. BOX 4189 CLEARWATER, FLORIDA 33758-4189 PH: 727-796-0021 FX:727-797.8504 WWW.MDMHOTELS.COM 15 316 • 316 ir p Z w O Q 326 2 326 332 333 1 RI GN?/A T ER p R 342 rr O 2 345 105 346 2Q 346 350 D 2 w O 110 115 123 r- X O? ? G R.ri-. 134 BRIGHTWATER DR J 135 139 ORIGINAL • 665 662 658 O 654 czn m 1 655 650 D m 644 648 w 640 Q Q 638 z ROYAL WAY p IL 636 50 647 645 643 648 668 661 655 65 651 • 637 635 629 625 622 a ?> 1 ?05 tit OPEyEN? SVCS p???1N ?qE I.F-Jkr TE Z:\2005 AutoCAD Projects\0520 -? enno (Boy Espl ode)\Site2- -29-05.dwg, 5/12/2005 8:44:00 AM, \\FILESERVER\HP Les EX. DOMS Yip fFc'N m N OAWW E 7883' 3 1.4' 6C$4.^. SrAWAU N A097W E 47x' // 0 0 0 0 0 0 0 o I,or usr+ I OD a .a MR) ar { ?` moo. X rc, 1, Y rr rz /? / i y r L J7 Ogng a VI KEY I zs ra' aar ro' t ,cl ? ivy _ ,r .1 11,111 ? r P.rta e g i BAY ESPLANADE 91t W AASP#.W7;r4WW5Y ?P i J t K • EX. DOCKS TO REIMIN N OA9W E 781 4' ?s' wALL N0OW10S'E 4790' sod od - - - sod _; . .,Vd // o e o 0 0 0 0 0 0 0l Orr A ?P) o? p 4 ?p p 1 ? o ap o ? T 8 o0v", w X09' r i FULA BAY ESPLANADE e0' RIONT-OF-WAY -? ASPNALT ROADWAY ??va dD 90o- Horlbside CIVIL • LAND PLANNING • swAaa INC, ENVIRONMENTAL • TRANSPORTATION • STORMWATER REPORT FOR : PALAZZO CLEAR WATER PROJECT MAR 3 i NO Z9L?5 ? k • t ?k.k"??"S oro?, ^', t ?? '•y / m hr Y W .e.? nit Ram A. Goel, P.E #4'731 ?y # µ ORIGNAL March 2005 Project No. 0520 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N DSPRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 NORTHSIDE ENGINEERING SERVICES 25 YEAR STORM EVENT PROJECT: PALAZZO CLEARWATER PROJECT NO. 520 RUN-OFF COEFFICIENTS PRE-CONSTRUCTION TOTAL DRAINAGE AREA= 15,175 SF 0.35 AC IMP. AREA = 7,444 SF OF IMP. AREA @ C = 0.45 POND AREA= 0 SF OF POND AREA @ C = 1 PERV. AREA= 7,731 SF OF PERV. AREA @ C = 0.2 C= 0.32 POST-CONSTRUCTION TOTAL DRAINAGE AREA= 15,175 SF 0.35 AC IMP. AREA= 11,713 SF OF IMP. AREA @ C = 0.9 POND AREA= 0 SF OF POND AREA @ C = 1 PERV. AREA= 3,462 SF OF PERV. AREA @ C = 0.2 C= 0.74 STORAGE CALCULATION PRE-CONSTRUCTION DRAINAGE AREA = 0.35 AC TIME OF CONC. Tc = 60 MIN I @ Tc =60 (25 YEAR EVENT= 3.60 IN/HR Q(out) = C X I X A= 0.40 CFS POST-CONSTRUCTION TIME MIN. I IN/HR Q(in) CFS INFLOW CF 60.00 3.60 0.93 3,342 WEIR DESIGN TOP. OF WEIR ELEV.= 5.00 FT BOT. OF WEIR ELEV.= 4.70 FT H = 0.30 FT or 4" Q = 0.93 CFS L=Q/3.1*H^1.5 = 1.83 FT or l'- 10" (MIN) air i t PROJECT NAME : PALAZZO CLEARWATER PROJECT NO.: 520 POND'S STAGE STORAGE DATA : T.O.B. EL.= W.Q. EL.= BOTTOM EL.= STAGE ft-NGVD AREA SF AREA AC STORAGE CF 5.00 479 0.011 1,102 4.85 479 0.011 1,030 4.70 479 0.011 958 4.20 479 0.011 719 3.70 479 0.011 479 3.20 479 0.011 2j 2.70 479 0.011 o TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = REQUIRED WATER QUALITY DEPTH = REQUIRED WATER QUALITY VOLUME _ PROPOSED OUTFALL ELEVATION = AVAILABLE WATER QUALITY = ORIGINAL V,.?g312.?5 15,175 SF 0.75 IN 948 CF 4.70 FT 958 CF MODRET SUMMARY OF UNSATURATED & SATURATED INPUT PARAMETERS PROJECT NAME : 0520 Palazzo Clearwater - Pollution Abat POLLUTION VOLUME RUNOFF DATA USED UNSATURATED ANALYSIS INCLUDED Pond Bottom Area Pond Volume between Bottom & DHWL Pond Length to Width Ratio (L/W) Elevation of Effective Aquifer Base Elevation of Seasonal High Groundwater Table Elevation of Starting Water Level Elevation of Pond Bottom Design High Water Level Elevation Avg. Effective Storage Coefficient of Soil for Unsaturated Analysis Unsaturated Vertical Hydraulic Conductivity Factor of Safety Saturated Horizontal Hydraulic Conductivity Avg. Effective Storage Coefficient of Soil for Saturated Analysis Avg. Effective Storage Coefficient of Pond/Exfiltration Trench Hydraulic Control Features: Groundwater Control Features - Y/N Distance to Edge of Pond Elevation of Water Level Impervious Barrier - Y/N Elevation of Barrier Bottom u05 ??i ??A?? 3 1 2 I` 479.00 ft2 958.00 ft3 1.10 0.00 ft 1.60 ft 2.70 ft 2.70 ft 4.70 ft 0.30 13.30 ft/d 2.00 30.00 ft/d 0.30 0.10 Top Bottom Left Right N N N N 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 N N N N 0.00 0.00 0.00 0.00 ORIGI''^?- MODRET TIME -RUNOFF INPUT DATA PROJECT NAME:,0520 PALAZZO CLEARWATER - POLLUTION ABAT STRESS PERIOD NUMBER INCREMENT OF TIME (hrs) VOLUME OF RUNOFF (ft3) Unsat 1.19 158.07 1 1.00 789.93 2 24.73 0.00 3 24.73 0.00 4 24.73 0.00 5 24.73 0.00 6 24.73 0.00 7 24.73 0.00 8 24.73 0.00 9 24.73 0.00 ' r V,AR 3 '122,'.5 ORIGINAL • MODRET SUMMARY OF RESULTS • PROJECT NAME : 0520 Palazzo Clearwater - Pollution Abat CUMULATIVE TIME (hrs) WATER ELEVATION (feet) INSTANTANEOUS INFILTRATION RATE (cfs) AVERAGE INFILTRATION RATE (cfs) CUMULATIVE OVERFLOW (ft3) 00.00 - 0.00 1.600 0.000 0.00000 0.00 1.600 0.04651 0.04366 2.19 3.960 0.04080 0.00 0.00855 21.80 2.700 0.00516 0.00 0.00177 51.64 2.042 0.00119 0.00 0.00061 76.37 1.928 0.00047 0.00 0.00033 101.10 1.868 0.00027 0.00 0.00021 125.82 1.829 0.00018 0.00 0.00015 150.55 1.801 0.00013 0.00 0.00011 175.27 1.780 0.00010 0.00 0.00009 200.00 1.763 0.00 Maximum Water Elevation: 3.960 feet @ 2.19 hours Recovery @ 21.804 hours * Time increment when there is no runoff Maximum Infiltration Rate: 0.787 ft/day INFILTRATION : 0520 PALAZZO CLEARWATER -POLLUTION ABAT CD T? L \O J ? t.. w N t? 00 0 2 4 6 8 10 12 14 16 18 20 Time (hrs) Total Volume Infiltrated = 948 ft3 Northsffle ? 5"M"sm-laa 9108 CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • DRAINAGE NARRATIVE FOR PALAZZO CLEARWATER The proposed construction activities consist of the following: • . Construction of 11,713 S.F. of impervious area on a vacant site. • Construction of an underground vault will provide treatment for a volume of stormwater equivalent to 3/4" of rainfall. • Construction of Sanitary Sewer and Water Service Systems to serve the 13 unit building. The project is located in an open basin. Construction of this project will not increase the existing peak discharge rate or volume and no wetland impacts will result from construction of this project. Treatment of stormwater will be achieved by means of natural percolation, through the bottom of the underground treatment vault. The overflow will be piped directly to the Bay. The Drainage Calculations have been prepared to be in accordance with the City of Clearwater Drainage Design Criteria Manual. All appropriate sedimentation/erosion control measures will be implemented during construction. Since no concentrated flows exist or are proposed, it is likely that containment of the project area with silt fencing is all that will be necessary. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N D5PR1 NG.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 ORIGINAL Pinellas County Property Appr?r Information: 05 29 15 54756 077 0040 Page 2 of 5 • 05/ 29 / 15 / 54 750 / 077 / 0040 12-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:53:08 Ownership Information Residential Property Address, Use, and Sales BEACH & GULF-SANDS INC OBK: 09982 OPG: 2571 657;. BAY. ESPLANADE CLEARWATER`FL 33767-151.5. EVACUATION ZONE: A Comparable sales value as Prop Addr: 657 BAY ESPLANADE of Jan 1, 2004, based on Census Tract: 260.02 l f 2002 - 2004 sa es rom : 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information .2 11,998 9,982/2,571 302,500 (Q) I 1929: Book 020 Pgs 048- 12/1,995 9,207/1,312 278,000 (Q) I 0000: Book Pgs - 4 11,988 6,719/1,626 150,000 (U) I 0000: Book Pgs - 4 /1,986 612091 252 250,000 (C) I 2004 Value EXEMPTIONS Just/Market: 415,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 415,000 Institutional Exem: NO Tax Exempt: .000 Historic Exem: 0 Taxable: 415,000 Agricultural: 0 2004 Tax Information District: Cu Seawall: Frontage: Bay Clearwater view: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 9,532.30 1) 65 x 110 11,000.00 65.00 F 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, 2004 taxes will be : 5) 0 x 0 .00 .00 9,532.30 6) 0 x 0 . 00 .00 Without any exemptions, 2004 taxes will be 9,532.30 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 4 AS DESC. IN Description PL 20 PG 27 L Building Information http://pao.co.pinellas.fl.us/htbin/cgi-ser3?o=l&a=l&b=l &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property Appraiser Information: 05 29 15 54756 077 0040 Page 3 of 5 Propedy-wid Land Use Code descriptions 05 / 29 15 54750 077 0040 :01 i2-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:53:11 Residential Card 01 of i Prop Use: 222 Land Use: 08 Living Units: 7" Imp Type: Mult Res Apt <4 St Prop Address: 657 BAY ESPLANADE Structural El emc:n-ts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Roof Frame Flat-Shed Roof Cover B U Tar&Gravel/Othr # Stories 2.0 Floor Finish Crpt/Unyl/SftWd/Terr Interior Finish Drywall/Plaster Quality Average Year Built 1,951 Effective Age 30 Heating Central Duct Cooling Cooling (Central) Fixtures 24 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sulb Areas Description Factor Area Description Factor Area 1) Base Area 1.00 3,559 7) .00 0 2) Open Porch .30 505 '8) .00 0 3) Utility .40 147 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 f,) .00 0 12) .00 0 R+esiden?ial Extra F?atur?es Description Dimensions Price Units Value RCD Year 1) ASPHALT i200SF 1.50 1,200 1,800 1,800 999 2) PATIO/DECK 144 3.00 144 430 170 11965 3) GAZEBO i00SF 12.00 100 1,200 780 1,992 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 2,750 Map 1+_1 oaoR? http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 IQF.1b 10 Lf)? 7 ROYAL 110 3 IIOV 1 8` ? v N 4 2 6 B 03436 1/8 Mile Aerial Photograph (2002) -v-- Page 4 of 5 ?27942? http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=l &t3=1 &u=0&p... 5/12/2005 4 „Pinellas County Property Appraiser Information: 05 29 15 54756 077 0040 0 9 Back to_Search Page -1.n. explanation_of this_screen )t 5 http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property Appraiser Information: 05 29 15 54756 077 0040 Page 1 of 5 0 0 Appraisal information Building information Map, 0.18 mile radius $am'e ar'ea,..Land.:Use,P gpertyUse_codes,_etc.. Same area, Sales Info 1 /8 mile aerial photo (2002) View Comparable Residential Sales Mass Appraisal is the systematic appraisal of groups of properties as of a given date using .. standardized procedures and statistical testing. Its purpose is to provide an equitable and efficient appraisal of all property in a jurisdiction for ad-valorem tax purposes. We recognize that there is a reasonable range of values within which a property can sell. Our Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or remodeling efforts completed by a seller in order to prepare a property for sale, especially those on the interior of a building, are often not reflected in our Comparable Sales Value. Finally, our values are historical and are developed using arms length sales from the three years prior to January 1. For this reason, our values are generally lower than what a seller will ask for a property in today's appreciating market. Appraisal Information http://pao.co.pinellas.fl.uslhtbinlcgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property App?r Information: 05 29 15 54756 077 0? Page 2 of 5 05 / 29 / 15 / 54750 / 077 / 0050 12-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:44:15 Ownership Information Residential Property Address, Use, and Sales NORTH.CLEARWATER BEACH DEVELOPMENT OBK: 13483 OPG: 0656 PO BOX 4189 CLEARWATER FL 33758-4189 EVACUATION ZONE: A Comparable sales value as Prop Addr: 663 BAY ESPLANADE of Jan 1, 2004, based on Census Tract: 260.02 2002 _ 2004 f : sales rom 537,600 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 4 /2,004 13,483/ 656 885,000 (Q) I 1929: Book 020 Pgs 048- 6 /2,002 12,0441 707 500,000 (Q) I 0000: Book Pgs - 12/1,996 9,571/1,749 138,000 (0) I 0000: Book Pgs - 0 /1,970 3,395/ 465 43,000 (Q) I 2004 Value EXEMPTIONS Just/Market: 440,900 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 440,900 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 440,900 Agricultural: 0 2004 Tax Information District: CW Seawall: YES Frontage: Canal/River Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 10,127.21 1) 72 x Iii i1,000.00 72.00 F 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, 2004 taxes will be 5) 0 x 0 .00 .00 10, 127. 21 6) 0 x 0 . 00 .00 Without any exemptions, 2004'taxes will be 10, 127.21 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 5 AS DESC. IN Description PL BK 20 PG 48 L Building Information 1-"-. // --- ,.,..,...,,,11.,E -n 9...-1 P,U-1 9.,,-1 Q.«- 1 Q.P.,,-1 9.+Z-1 9,,,-A.9- ci»i1) nn< Pinellas County Property Appor Information: 05 29 15 54756 077 00 Page 3 of 5 Pro perty_. aid.. LandUse Code descriptions 05 / 29 / 15 / 54756 ? 077 / 0050 :01 12-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:44:16 Residential Card 01 of 1 Prop Use: 220 Land Use: 08 Living Units: 4 Imp Type: Duplex/Triplex Prop Address: 663 BAY ESPLANADE STrucTural E1qBmiar Tsm- Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco/Reclad Roof Frame Flat-Shed Roof Cover B U Tar&6ravel/Othr # Stories i.0 Floor Finish Crpt/HdTI/HdMar/Prgt Interior Finish Drywall/Plaster Quality Above Average Year Built 11951 Effective Age 25 Heating Unit/Spc/Wl/Fl Furn Cooling None Fixtures 12 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 g Sub P,:r Description Factor Area Description Factor Area 1) Base Area 1.00 2,336 7) .00 0 2) Base Semi Finished .80 70 8) .00 0 3) Open Porch .20 84 9) .00 0 4) Open Porch .15 84 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 RoS1dGrl-t1a1 Extra F?a-turES Description Dimensions Price Units Value RCD Year 1) ASPHALT 7X250 .00 11750 0 0 1,975 2) PATIO/DECK 375SF 8.50 375 3,190 1,280 1,951 3) BT LFT/DAU JETSKI 500.00 2 1,000 1,000 2,003 4) DOCK 20.00 498 9,960 9,660 2,003 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 11,940 Map a/L___ 0 0._-1 0_._-1 o_L-1 O_,_-1 O__.- 1 00_1 D_a'?-1 O_._-A D_.,. c/11/1AAC Pinellas County Property Apor Information: 05 29 15 54756 077 00 Page. 4 of 5 1 , - --I fAL I5 B 54756 1-- 1 1/8 Mile Aerial Photograph (2002) .. „ „ n n"• , - n ? n l ? n 1 n 1 n n I n" + n n n 1 /1 n /nnnc AMR of 5 Back to Search Page An exPlanation_of this screen / .. it 11 -- .CI 1- -' ----^^--' 0---t 0-1--t 0---t 0--- too---1 0-1'1-t 0----n0--- r11 n 111firic Pinellas County Property App*r Information: 05 29 15 54756 077 0to Page 1 of 5 Appraisal information Building information Mai. 0.18 mile radius Same.area,_.Land_t1se,_Property Use..codes._etc.. . Same _area,_Sale--- 1/8 -- mile aerial photo 2002 View Comparable Residential Sales Mass Appraisal is the systematic appraisal of groups of properties as of a given date using standardized procedures and statistical testing. Its purpose is to provide an equitable and efficient appraisal of all property in a jurisdiction for ad-valorem tax purposes. We recognize that there is a reasonable range of values within which a property can sell. Our Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or remodeling efforts completed by a seller in order to prepare a property for sale, especially those on the interior of a building, are often not reflected in our Comparable Sales Value. Finally, our values are historical and are developed using arms length sales from the three years prior to January 1. For this reason, our values are generally lower than what a seller will ask for a property in today's appreciating market. Appraisal Information L u?.//? .. .. .. ........ ..11.,,, Ll 9...-1 9.1.-1 9.,.-1 9,«-- 1 09,..-1 9,+2-1 9,,.-A9,_ c/17/1lnn1Z f - / 't 9 C--? '\? T, C, " MC v,CA LAW OFFICES Q"ft#L RICHARDS, GILKEY, FITE, SLAUGHTER, PRATESI & WARD,'P.A. RICHARDS BUILDING 1253 PARK STREET CLEARWATER, FLORIDA 33756. RALPH RICHARDS (1893 - 1980) TEL.: (727) 443-3281 OF COUNSEL JOHN D. FITE (1933 - 2000) FAX: (727) 446-3741 WILLIAM W. GILKEY JOHN E. SLAUGHTER, JR. WILLIAM M. MACKENZIE EMIL G. PRATESI PATRICK W. RINARD CARLTON February 5, 2004 dommmuft THEO J. KARAPHILLIS VIA RELIABLE COURIER Mr. Anthony Menna Menna Development & Management, Inc. 21030 U S Highway 19 North Clearwater Florida 33765 RE: Bay Esplanade Development LLC Dear Anthony: Enclosed herewith for your review, please find a copy of the letter dated February 2, 2004 with enclosures which I received from Attorney Gerald Schilian. Please study the leases carefully. Are these all the units? Should you have any questions, please feel free to contact me. ry tr ly yours, i Pratesi RECEIVED EGP/mk Enclosure Y MAY 12 2005 PLANNING DEPARTMENT CITY OF CL.EAPIWATR • ? ORIGINAL SCHILIAN, WATARZ & COX, P.A. ATTORNEYS AND COUNSELORS AT LAW 2499 Glades Road, Suite 112 Boca Raton, Florida 33431 Tel.: (561)750-7999; Fax: (561)750-6205 In Broward County: Tel: (954) 491-0069; Fax: (954) 491-0016 Gerald Schilian"" DeborahA. Watarz" Brenda Cox February 2, 2004 Emil G. Pratesi, Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 Park Street Clearwater, Florida 33756 "Admitted to Florida and New York Bars *"Admitted to Florida, New York and D.C. Bars RE: Molepske/Walsh/Henderson s/t Menna; 663 Bay Esplanade, Clearwater Beach Dear Mr. Pratesi Enclosed please find copies of the contract executed by all Sellers, leases for the three rented apartments (one is vacant), survey, warranty deed, title policy and corps of Engineer Permit to build a dock regarding the above referenced transaction. I should have the title commitment within a few days. Please note that the effective date is January 27, 2004. Please let me know whether there is anything else you need. RECEIVED MAY 12 2005 MANNING DEPARTMENT CITY QE CLEARWATER ORIGINAL Jan-2T-04 01:ATpm Frcn-RICHARDS GILKEY ATTYS T2T?14B-914i T-685 P.04/17 F-012 .Eo?C6-D4 ud:bzae hrml-WICK C6 VIEREY JITTrs TU-01FIT41 T-lei t "1 16109 TM S Pt= FIRS BEEN AP°PR OM EY THE F6*RMA 3"h? Wl bM a G04 PA ssW maw ROW, awk i {_ aema FLOWN FL NMI Td: Sol-79C AIM For. fay 7sm4cm t PAInIM dM Aw _19%m =1 ? 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Itidltr PWvl4OM Ig Addenda Addod u/t - - - -- RAF An INN to 14e W WAW( AfiQJ9 FOR REAL NaTAIS 7MMOS IMB f 4ltsni 94W and MW trpr- I - r.odpt of s ampy of standard ,s: A thrUW W om 1!rurtM19 1W WAUNO dd, whl* m IncarporNte an PM W oils C? VIA Tl? tl ITT IBIs>R?D !E4 ?F? ra0 9016 TV 1tl X ? a>e rltl? (Dstej ref ' reddraee tar peeyesane of ne0ee • feg • LT G1M &IM=tirM ATICIIAaitr rRIMORTDatawllia WA 0?IIL. 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BMW" PLANNING DEPARTMENT CITY OF CLEARWATER Decor?pitsn ?S >??77 o MArTD?sr nYB?DiY19IQ1?Lr?+'*„N?? f?.?r•?'.ieeoe?ieo??,,.?r" gmnaire is PlatBoek A Pus 27, afths Zxh k Jwem6 etY??daa t •••±••_ 41?;?: This addendum is made part of the Comttaat far Sale sod Pwvbm wave ng the property ro i emod Above, 7133 mans and canditioae of the primed Coatrstct arcs hereby ameodad as f b/Jgws: 1. The tiaaa periods for lira 33ayec to camp (ate his kopecrtow of the Propeep as set faef>It In pstagrapAi D and N am hwwby dolstad, the Boyer shelf have 0 Wender days ft m isle Fsllox{ve Dm q complaw Ma ImTeatiom of d w Property Ohs gnwpeedon Perirore" } At site and ofssld 45 itgr VwJK If ft B11yer ben nor claged m cancel The COMMA, I& emu sd':30,000A0 shall be paid sad disWbood as rite feflet }tone thm escrowed Amds_ a_ Prior too dwespbstios of@te Lnspecdcn Period. Bg3w ehan baw toe r*K ba?wAltem nodes w the Soltor end the Bsmow Agm im maatd trhs ImpaAm Pwbd by 30 aaleader dqL Upon the Buyaes efeodan to no terrace, the xaepeodoe Period, tin Dwyor OAR pay On Seifer a contract we"wino fee ofSI¢,000.00. The Bsasow Agent "U dfsburom laid son ftm true m cm wm Amds diroadyoa the Seller. b. Frfor tot the expiration of the edended inspeatlen Period CiAL 7S days ftm tbo Zft9tWe Date,) fhe Buyer chap have me right, by m taten notice to the salter trend Us ERt3' w Agm ; in fardw mmd the?aspeetion Perlad !ix m addbiolal 30 cs4a t[ days, Upea the Sumps eleutlan to Wad the thap.Won Perlo d (hr a second dme, tow H%ya slsdl por be Rallar an atiftood conreat rM don No of 52 UNDO. Ile Escrow Agate shat] Alsbu rer ft k 3ee0nd own= a assttioet fise 6=0 tha esa'awod fbndl elhect4y to the Seller. c_ Filar to the eopltadm of tiro oxaodad hweedon Period (iw. IDS Am" f>`om *a Sffisatrre Date,) do B wimr ahett hmve *0 ASK by wrlitan notice m the 9albr rind 0se X muw Afmn, to AW&W aactemd tho [aspecdon Period fbr as addiThmal 30 eslon ar dorm. Upan she ibuyee'n eleatlom to ma=d the laspectivn Period flrr a third tigte, dts Buyer Wulf pily the 39Jkr net addI00=1 can:r et waettsion fire of 310.00100. Vo Escrow Apra SUR dkbww ft three, earshu t extendom fie franc the momwed Fiends directly to the Sallee'. d. Upon the Wlrxdun of the f1ml JnapeaOots Palo d (Le. 13S ds)ra lltrm dw 8lfiS ove, Dose,) irStryer b" not made a Tiotwly owimilsslaun offt comae; dire satbe balance tR flee aww w ametann, $baIl become nos rmfundable and the cueing shall talon plea wkW 15 eakorrdmys< t}timrm. a_ All fwads dlebuned by the Fvalow Again as .prsrvided sbM sfsalf be daemed 1tWypaonsd by the Sadden" ana 0111 be coo-mfundable to ore Bayer notwMapadbn3 *a 8ryrc's lacer cancellation of the conuwL In fie owm at%bu tmmaosloa doaas, at die Clotin& thw haul 130,000A0 disbursed to the S011w ss provided above, EMU be credited mrsrasd the Borer's pnrehete price as Pere oft he depmie, However, *a S10,rff00.00 psaymea tsz wide to ter Seller as prof idw in m*Tmvgrmpbs (a), (b and (e) above, reprowntsotecamolve pmvbm es by dmBwK artescoetatiom of1he k"ecdon Period.. Accordingty iQONB of lira mmm paid = eontrect m mttalam flea ab Lif be arad?ed to the Buyer at Ills Cbanfg.. 2. Tice Bn3mr shell be imponsiblw to repair mW dsmW -w the pm!' rb! clawed by the BUM 1111 ap ms, mboawtructors or emptoyses. 3. ThoBlOec may onml t}m Carteret air arty lieu during rte USP=esett P4121ed Or.4asrtoded bupserien Period hY servre? vvristttt natlce t}f csoce]Uselae on the Bailor. Ice Ihs evsttt that Hvrc enaices ffinaty eaacelletian of the CIo>straat, drat portion erf titw dbummit musialnp In seam w sW be rafmdod to *a Buyet. Lypea the otpiradem, of the hmparsinn Psried at emended I:tapacticn Period, If dwm hm-bwaaa 1lmrriy caaoeilesice ORIGINAL J2n-27-04 D1:49pm From-UCKARDS GILIEY diTYS W-449-141 T-186 P.09/07 "la .fan 22 21304 7:24Ph RLL. C13UMTY TITLE SSRVicas 561 7593 6205 p?7 d?de? ®Cbeytrart,?? 3!e!t artd r't?raJlare Pain a of the eae5r2A go eoat$e Depadt dull be deemed nowistLedabhL s , ! 4. The sing Dees Omb be 13 esisadrr dep dbrthe cV) sdc= cram f pa*a Pw1nd ar UW ewswien .V d. V, 7. S. ail 'Akm 14 eelbu ea dove the Pt iya Dttzt? f.ueE ?II tidMe se 19elps eop?es of a1! h:amr, ?yipraacm.?e4,.)eos?aioa. tide po3iolee, eo?ot, Ok r)petts.lrrl??jli? epYboamiu d to dsoli ustroam r eprdiug die PtopuM Am*.** Sager peat hate is d air pa ses im 17fa &?ror aSreee oo aq the Setlet•'e atteKaer'Q ibse "PRO S2404M. 8 at Pod gbawbynTMrm! 9eet rein hae dealt w kh seer real own hapkw it nkmail b eanaeet4o4 ahb tfif s lrameastlun aad to fie or oonnrltl?on it due to aft btvb+er tx fit. BaeAY ARMS m imieffug& mid hold to O&W hanaft+ea *Maw d? r ddag'aw of iL brw& oftbe caainod is tbie psracre ph. Aw n *gm me?elr? ltaetu xt be ?q wtftg yard dElW=W by 11i % ft a cuff mail d to fsr bws: Te th:e "ist: >5?e? lrto]epska . 3430 Nofh Lakw ab= DrIM #9L Cidasgc? 13L 90637 with s cagy to: .. .. RECEIVED 249P 01odw Road, Saite 112 Boas Rayon, R. 33Q 7 KIM 1 To Bwet: AmkorW Manna wwl a cagy tar Emu a Pradeot„ Paq. 1253 pwk sese d Ciewv=r, PL 33756 MY cmdkt belwasa tv pts wWumi of the Pravbitma of ft Addeadom DJI?T5D PLANNING DEPARTMENT CITY OF CL,EARWATER priaead Guar ago be ee"frod in lever or s DA.Z? 68L1.?R: MAR7r SL MOLEP= 16Zi A+1ZF.a . liB?- g 1]II,TED icw.r sro. imm A. ZOMMERXW HQE-? La?'LQ'd 191f-i I lE-9Yt-1Zd ILLY AMIls MN--id m19! li ?G°-B?-aat ORIGINAL Jon-TT-04 01:444 Franc-RICHARQS GILKEY AT1Y5 W-446-af41 T-111 P.62mr His at:S-st?+a u?-Lam fd??rsttnpv altn¢t n?et? trrt"rFtrmttf (-otQ f Y{.rui r1/M! scWn w Watarz & Caxs P.,& RECEN"D Fort LMdendeiw Armes /S+0dtiion Of FWAL.TORM AY 12 2005 tit Bashing Ewrow A?Qs+?oemsrrt PLANNING DEPARTMENT CITY ON CLEpRV IgR 'Phis A?serra?r,rt aupplen Wft areal is a part of the DWMM ltmaotpt And Ca?aat For a!'i Pwafaft da+Eed betwlsen?. r.?.?. w?l+b„..d J :?H•?., saw and Asriemmmkim Buyer, It to agrWd been the parties that all DOW AM nmda on W=0wnt of ft abom Cantram sha be depoeilad by The tmwW AR of . RE+AL.T'1 in s separate irtbarast bwrfng z=urd at the faQowlma depo0mr. wbh ft ant being In the name , tt in fiurEho# argrleed th4 at dosing, all accrued mtwvwtvdil be dtvidad = fM wa: W signer v'rrt --- to Buyer zoos. Should mrry = th gemT cold in #r® Cormbad Not be nemaivsd and depodbd thereby natumso be dw fir, aimm d inWest vW1 be dMd¦d ae foliaW to Soler 0% (a) turd Esuyerfal to perform acted deposit To ra+whed, mmamd k mrmt vAR be pWd't0 Sugar. (b) Should Set wfmfl to perform and dgmmR Is reverted to Byylar, accrued inbKgstwrDl be P"to Wyar. . (a) In the tr mt of an amraw dosing, inbreat arewAng on the -1 pow oubsegwnt to do*V shall soul* to ft War. (d) The Sci dal sm ft or'TWx lVrirnbe lbr aw-h is: p r ?, 7? ?i?7 f e I3lVyw saror {? J Signed thla cw o1F - h A e, -- `. 980or Ruyor Bmkmr ------ 9rolw ImpoirlQ,t?rts TiF,is Apro?eRtimret mue? bta sfp? bar alt pertles. - I?pQrarsai 2nd F8 Q'r't ++•?4.??a.e??I..staaeaa? any n . J Jan 27 04 02:53p 118011olepske 7055.5331 P-1 an 27 2004 2:OOPM ALL COUNTY TITLE SERVICES 561 750 5205 p.2 !an-ZT-04 01:47pm Prat-RICHARQS 6111EY ATTYS 727-445-1741 T-685 P-64/67 F-613 J®aki-ae Wc:02ad pram-RiGiAM rILKET ATTYS ttT-44e-sT41 T-8i8 P azft "is TM MS OEM ByMP-OFUM& AmmnetaTtala OF - I 1 4 hWuW @111ma *mt seam show To" Ow b ltte fas?ft ants t?orld¢desLowtee dShm ttbta CattasG a IL lr?ed ?+tp s (eq t epai eiaoetpRSon of an Raft 13 p ? efeZ aeoe r, aeS?AlC eta sH wan gm& at von ? w!' t3?a smart. s Rwd aft 112 8=0 t?M PL304f11 ORIGINAL t?adea ?,?,. ?,? Td: gW.750-72W Ff7 WI-734806 MW PNWO M affil any ddoo oM adddndo ( Umne i7r Fla Wx CosdA , arss aiig to tm Plat t3asso? 0- 1 fed fLF-Jkt h& P? i?S. aWaW+sb - _ - ....... .......... .. ....... .... siaa?wo. flD PrAymomr. tr twom In eaeecat?by s t?"O, to in qm?mf of .... . to 04 AdINGF611 ascraw ebplmA be me* to E......................... cawrAWK yettt"ifs.._...__ OW 1?!bra tab s awe _M tip rtwedktg (as P=haNt>p w amass.. . _ . . at f4 Dole Pete yQ isp - ??tertai;<egttMh a L+iefdsr Pere?n f1) 6i fft+a weWieidot ............... _ .. ;i a ? malpifp+e sad tub tv Stier (--a* Paspaph 114110 In Im am W% df ............. p je (& Bets mic a by mm ar ar QW MOM oR orr?ie?tl? cot nes%w"WO a; BFPVCTW DAM =VIM POR J11V6E a {a) t! oft obis eat smarbd tat wW debmad va tpsdfdm OR FACT StEXECUTION bar caurrAw ow ow m-mudWed ei ithig bA ? wtss s orf or tbtrisnd 07twimse T& ;Wc 7 F?' cr faMY 0114" W s DAY11 FIRM 1WE OB.'. 7m catafTmol a Tm daw of G'-0 a Pt mod ra OelMn')W --f be the dada v hnn Mw tart me of *m 06-yw a" 2~ hate a1W - or 1lideted Wife sTw at Ar ttha foal cinmi rafar. if aeleh dtts is milt minor m sat firth to VU Canfmrt *= On "Eff YdBue Dale' AM tie to dabe dststddti+ed id ab tar emeptBibCa d aft aft1rr or, x epp6asawk the Rne? munbsu r. as IV. sr a thh Itadi tssalt I'attdoet Mllb rto i?ii for M?'d"S _ .. __ . .._... .,a.r_ -- - - as to RGiaarrF G1WLT a N as 46 cmamsfiffm " ? ad tlfet ( 13811600W well fa"Ydls; w a Ewa lw mw q v mum dplb st nw pregW¦e ? not in d=Nid atoms _7G um ww 1br it faerWll a apMOalan ?Nin L%w Vf lar EWSCW twe sod Lm rta+Wtra Lasn and. llMafSv. to sir tom m and q pyd afbd gill ;*So low sgesaes. a 4?ar Ada is aiAeln i Lase Ap?r+o?f? otfN vlNtdTt "s bw atsfee'seif L940 ApReatai ar, allla' i@adf1. good fI?K fa0e1f, hft to n to effh. AM@ ii_bp CkW2. ref slhdrpa"y Imrefatfarw felterd"are a fa the bom fmaydanr11 s0 of 04 TWm kaalerW& !W isibor Clo nk% an owMtls F? x= rfa?br tmrtWa, efeWdE be obr6 81 M. CL9141M DAM Thor trwaas as WP ,?' dolor f"bts fo? u 18 s vL$ ung] rd, Idipus c'lbod tsrfib ?qe Cot?irTRr+WS!)& f wl tsgR? ah a?epios of i7ftbrtiRstals rend ie Wife IdWwe:ncs rev Sdncbred Illbrtenn? ap p? sEcea of fide or mbar vAdems ad Ott {rte b1r(CH= QK' r 0NjQ: ! -seller. at 6iatstas d0 ¢Ieflee emd dMwfad b 24VI ar omov f s AiteWrt w, at 11 W BuMat Bwy,m-% apsese. a ow tbu maid ara ttn d0lierWdrda MWWSt+ed or ??1 'bwire teba/Ied br? dbdr peo.idedts at ttaba cxrataes. ..x kv awvi wrarm s at a 1erMt10140 trio sire b asfhesWr >?tw oawdlNetts, Buyer boraerdtt awlia6i._ dr ane?r oQrzr ? 7erdss ?: dbo?.d+rtne?vs aura use ya, e? , n?atrrlaiiettN anAbee Y C b?Q ONE in rind NiAW ri{? l; e= W1owditt Fmit of titRrtC b d ?fuxa fa nil properv Wm anti ra "mots tftdrr ?0lwtkb aem dbs rear arftnt r . 12 2005 s prommiam mid surer w Ow ar• w2 w idle c="= m m Who am ,rt auornaanm a#=, oxad c ?? ? ?rorot. taaar MAY PLANNING DEPARTMENT OILY OF CLEARWATFR Jan 27 04 02:53p Marrs. Mole ske 7v.amP0755, p Jan 27 2004 2:OOPM ALL COUNTY TITLE SERVICES 561 750 tr G I NA . 3 Jan-27-a4 01:47pn From-RICHARDS GILEY ATTYS 727-446-1741 T-111 P,03/07 F-013 :Btf-ta-W us,-am rrau-ai L;wLu )stlrtr Aj i tz W-440-914i I-slot r oaf" r ?t22 m Etas seed 7 w2 fto in +rm it to Me aids tofu %xwx %rywcf tarp iwd R ysw wo sc mm maTposaww grch wWW WWb*Qm• A wmr p1 wstll*WW lash6 ass Adetlandatd; puwided, lhd *WlW MWM* at Cissft no %faisSQt af the #trao&V w d n re ?raaraea r/ss arftitr Wopww /wp=000- m S'disr deiWar c?nCil pIlupbfilvtb saver litre. 01 Cieiflfg Nrfsii el7lfrMsa alaesd heroin. (f laropert at k4mded W 1W.. sad or M=w b* 1100* gogo Od snd IWMO fms? fa W Me ?R or smupwrtla rM ba redo ar punt b Adledaw? F_ !I• is dad 6aksr Mulirm m. asrrw rl rMius or lar to rapartr ftet aab no oft . vN0 be as of *= wrahim? wpww is and FWbUpB?la?r mo l mm ftm Wo clft no *at be dwRt?O is hom a?PFed rrqw-rj in w DL ?N QR ftAlit !'faWi WW. '1ypMsedt m or hwakvirn prauad w ram MW ad mn& 001 =rwfyl 74 P fd$W atftis cerdtrd II" mod wh went. limWe to 72 'L AWWII W W Mt 1120 ISIOW" ? &d% M N 0006200 an ? lhk C?sOWL ??Vt/ttde? that 00t= n M. 0150 COMM n 1C3 Ct1 Mic HM rim Pr FNV 1s su*a b 0 >l MW newas mlard time in+psaai fora be* ptlOith M btstafotsnte tih 'te oortlilas bslforud Cdaairv awdr Aso, aPouifywrt. ahrll olrtaeew dw aAsr Lie D O likew Qt?.r t? adit et+1, 17 (bi Radw Is a no&=JlT *=Lr+0 nL%coftlis Aw NW rrhmt Accomm"d IN a >tt lav M asdlldmtr iluslK a miry powwr in" M 71 to oewass swto Ills sr k Aalsltaw. Lank of, idp Out smewit tbds?tf awd atsn 901el es hnm bow fVaund In Wkin MW In FIO AL Addttlm ittbtwl radon crfawn be drttitsQ fstst 7¦m• G ?4? Aric Fiawllt uo? ? 8uyaredotow?isd?w eafeaiptatt[+e 1rfa?ida t?+1O d'otal'i/r. K ue row Usdudas pfT o4wrl l low" ldst 1'Irttdt>0 a ir?rl rider it ntrtttofr- w lx~m >s pw wr wx donned tw an Fraraiyo kuwAxwtt b l=aal Tai Ad Mpwteis Gw twee?! sh at.t AOL rn (Q Ir ?urereat? b its as etstrdaer of a Aeetlseews` saaaeiYOA, Xc r EXECU M 'r?iIs ccrKrRat IN tiMl1LBUT= [on ItTl1IM" =1 AND AIBADTHE ItaAfavWNtiJ!!` Asia7?.'MTIOY ownumms m >? 11lAMlR COSTS: BiaAe?ts no[tavrespnwbis forpspRmft In ammsw ofL w t'o3 ?ier &%*kT nt and Npsirosdr 6'Iwtdswd D Of bb*lk lhwt 2% cif f m PeMtnown Pfts n tj 'br Mmirsnd 1ep? sl zW 81 rm1 ars h not comend by v#w d M no --11 Ctknanisn a? 14 'MA data Pindtwi N Ziff MOB tiOQ? AWMWCA; SPEPAR. CIAL CLALSM CHWK Now rMsm tddd >w app6a¦bisrWQ an odaeW to Vdt Cwtraez n Q CONDOMlNM Q VMFiK 13 N Aster p czAa•a"MPNKlr w COpLTA1, t7L?iSTRUC?'1G11t GQWTROL LINE Q NOULATION Q -IV 18' er J3 Dit1R cmi I abora us Alder Addand¦ m m? Mgtg,¦? of see Prtaaarert cie.er aw>awsee. ai' pt+e.wrar? #? Was want" as a7 P lre • aar AN. BTANDOMM ['OR REAL vR Athea ugh W on lift Iea TM1118Al79160.D AAr.>eW .+?te'i. UK w us M TRANNAtCT10MB ('1lOwtdsrdw")s l ww W & Aar aeiersstristlla nsraeip of ¦ a! mE aPattedtsd.rrFioit sm Moorpotatees.rz/nBdtlin CotgrnG, tea, aWd ow awnayst ass II AN01M 1rLO M WWXMV it nMoRtM ist=lla s>X aiyal?r setlw?alteer /rs/ms ores Owns ,roost tR yultRt , ORK r!. VAN>$ Mae w { to ?rtDaO f? » a,. MaMpAw III bwW *W rata for purposes of Holes Sonora' address atr pwpe am or notltis ft! rss Phstls r I urebn!'arn ¦ {y weariad Khsdrs /wn awatb sttabasd. 4l330.[r, 81 *30j, A6ta+4 iw g sa Ttta wok- nonrd la.i?nr. kAkj&W ft*V and exrapareft brakesn, #M A7s t ? 6totrars asmter? 4net?ansat;rdl W avstsatia n u ft tlab C mbwct: eta Wte 111111101- any l Bn~ V, FARf9faN Rnt t001. jZj6%01c:q '=I 9411013 AuftAsmww nwwArat wff7ft ta+eftftr Al ft oop aosw ?r.w?••?Ae.ae?cr..rA.pesmasw- WWm ores AOdttd Fwand n/ a Wn Alb Stor Ssfenaw. tt. AV 100ft ww.+.• I PM VMM MAY 12 20 slw "t ANNING DEPARTMENT `'ITV Ot= CI EARWATFR Jan 27 04 02:54p Mme. Mo 1 epske 7..rr! 755. 5331 P.3 Jan 27 2004 2:00PM ALL COUNTY TITLE SERVICES 561 750 6205 p.4 Jan-27-04 01:41pe Fra -RIDAR05 GILKEY ATTYS 717-446-P41 T-015 PM/07 F-613 ORIGINAL ADDI UMN TU COMM&CTIrORSALRAPO PUSX2[^M Buyer: Boiler: 13R R, MQLX"KLJOHN F. WA .SH and ITEITtt' A Ffl?ND Qrtt? Legal Deseri den: 7Qd 5 S lock T'f of AANDALA Y S DTVIS N LIMM NO 3 ]?Rti?. T- tar 20 the Plar *AtsafreeoMW in PietDoo1c2L Psgt 21,af de Pi6lk ]te a efl?ein rau Fwd• Ibis addendtun Is made put of the Cordract 1br Sate and Purchase coacankV else poperW ndbmoeed abaam The bourns and cnodidew of tJhe printed Contract arc hereby aasosoded at follows.- 1. The tiM perio& for tbo Boyer to ooonpiete his toupet !ions ofths tzWWW Y ens fork in gsasssnom D and N an hereby deleted. 7U B sya alutll h m 45 calendar days ftm due Ifffo=ise Dese to cosaplem his - itsapectiew cf the PrDVWW (the "Impoctim PNW",) At the sod efsaid 43 day period, if to Bltsbr hsa nor eiectod to cancel me Caott ua, sJse into of 130,0011.00 sisal1 be pad and disaibamed to the Seller ducat Un csvovred fands_ rL Prior to the o> an of to ropeetion Period, Boyer sisa have tie rWt by wrtttasa siodco op the Seller and The Bssaow ASM m cased to Inspection Pwied by 30 ealmdw daps. Upon the Buya'a Amman to so wtemad the Inspection Period, to Buyer s;baU pay toss SWkr a aaomtrscc a u2mu ion fie of S I0.000.00. The Escraw Asene sbaU dtiabarae said aim from Ike eawtywtad timds dirwdyta the SeEm. b_ Prior to the ettpitation of elite emended Iatpectlott Period (W. 75 days Reins tbarMotive Dam,) the Bayer sisall ham rite rlSitt, by wrietan notice to *a ft 9w said ttos Esaw Apo to !lather eemmm dre hmpeeticn Period sir as addieiosal 30 calsoQa days. Upon the Buyses eleo*m to Waved Q1e Inspection Period for a seeossd tiau, tha? Bv$w d aU pay go Sad wan adMdanal oenusa a mension fee of SI 0.000.00. The Escrow AVM obW dhbww tests s+se ii- d ouivrim a miss ap aw twit the macrowW !Steele directly to the Sager. r" Prior to the ozpimUc n of the mcmded Lupocdon Period (i.e. 103 days thm to Elf metive Da wj the B"w aha]l)mvo the r"^ by vrrbm WCice to tits 388or sad Me! Ewww Aptr. to ftd m - mttraod the fiugmcdon Period for am additional 30 calendar days. Upon the Buyer's elsoiaa to RECEI { eittood des laspeetion Period for a thin! dresser des Diener nhx2 pay the Seiler amm addlda vil oaatraa daaension tee of SI0,000.00. The P.scavwApw shall di ww des !bard coastraot exhirision bee ftm rise swiowed Curds dimcdy to the Seller. Mai 12 10Q Upon the expiration of the Snd Inspection Period (I.e. 135 deys from !tie EMc&ia+e Dade,) TBuyer hn not snide s titaaly oaxwellaton afthe Conaac; the satft balance bt dos escrow socamix shell PLANNING I??P417fiVl?h; become nor!-rafundeble and the closing shall takes place wid tin 15 eatleadar-days dtetasfer. 'p OF k + +anr0 IL, AA hods, &Pbtuned by the P.acrow Agent a provided above shall be deemed IhU;mmod by the Sniper sad AW bo iron-Wiindable b do Bow noewl2staM6sits Buries hmsz' crimllatioe of 1310 corneas: ra thaa asveat shat lramucti l doom at do 0ambll. sir iRWW 53Q.1300.00 disbursed to the Seller art provided abo`rs, doU 6s asdha towed Vw BvWs PW*'Wprim sa pas of*e . doposiL However, the $I 0,000.00 papmrs =ado to tbs 8enwx put vidad in A6pw%Wxpbx t). (b) and (c) abov o rspownt suce ssive pu abase by to Buyst of ammsdama aattlts Inspeaion' ( Period. Aoeord nSty NONE ofthe s- paid w eau bsas, oxwWon rises dM bs cnoomd to The Buyer at the Closing.. 7- The Bu3w shall be responsible to repair may daenq®e to the Property caused by the Duyw, hie agate, subcontractors or a mployaw. 3. The Buyer may cancol tiu Coun=t at duty tbats during rho hispeotion Period or sxlsorled Impaction Period by sarviog wrftm notice ofcaocellation on the Seller. In t3so aware dies Bayioc =Um stweiy caoceWdom of the Canuse, !tut portion of the depoek iftttialag is escrow shall be r0fooded to !tae Buyer. Upon the epepiraRieut of tin Inspetetion Period or e:szonded 3ropecdon Period. Irdwre has-been no dmdy osaoeliation Jan 27 04 02:54p MpMolepske 755.5331 P-4 Jan 27 2004 2:00pM ALL COUNTY TITLE SERVICES 561 750 6205 p.,5 Jarr"Z7-04 01:49pm From-RICHARQS GILIGY ATTYS 727-446-3741 T-916 P.06W F-013 -inn 22 2004 7:24PM ALL COUNTY TITLE SERVICES 361 750 620.5 7,?•T ORIGINAL of dw Ccmns t, the mdra Dapioalt Duna be dsemcd aoa-rshod bim 4. The C3cwhu rata Ohalt bn 15 calends days albcr the cxpbi > w of tia L.Rez*a Pa or stay extaa.bn .? f s. T- 'OrAbin t4 w}aodar drys abler go Mcftc Deus, 54W dM dWhwr to do 8qr 901dw area imm. re" a?oaaoeols,. ctos, t2tle pa1leleL ram?t npotlb, smvgys, oQtrltoraar? acid sod! as repcas? S tho 2Tapom diet the seam mW New in * it pia?aaawod The surer a?ees m py d,a salter, aettocas?t tba ?p ro ss.ooa.0o. Be* ran" bamby npr==g asst Tsai r, lair 4e8;k Whk Dar fwd areas 6rok" or m6ft b in emroralm Witb "a b=mcdm Dad oo fm a: ccmmbdcb L du tD MY tH ubm ar Ulwpw mm Lri piety baeby ADM m IedeamW& amd hold to after b.nWm Eom?=y dmmW le4ft-um of s blumb getbe r psreeoirioees =uilaod!n*b puvZrapL A y msd=iegt h- 666 Hill! bs id =W d@hvvmd by *x with a copy maned An fntlsaa: To Im 13d1en Madc Makvdm 34530 Nartb Lake 9bmr. Drhv.. #9L maw, IL 606v With a. mpr m: Gen" schiliae, Rag. 2499 Gb des Rav4 6cdm 112 BlemRds= FL 33433 To t mier- Asihmw A3erms Emil G. pruml. Eq. 1253 Part Sweet Chmnv mr, PL 33736 A W confr t beb,.een the p ovlsia+? of tens ptovisiaaa of Ws Addacdum, DATED DATED DATED 606- IOlIO'd tSIF1 RECEIVED MAY 12'pODS PLANNING DEPARTMENT • CITY ppCIEARWAIER prirad ca m"m aimil be WWWO o ft... of ?. 70M F. WA-"H S r uu • XEaW A_ FflUMERMN Jan 27 04 02:57 Ma o s e p M lep k 710755.533I p.5 Jan 27 2004 2:01PM ALL COUNTY TITLE SERVICES 561 750 8205 P.6 Jan-2T-04 01:4ba Froze-RICHARDS GILK:Y AMS T27-445-3741 T-883 P.02/07 F-313 .Imla-31?+? ua-joss rmW-A,1.~$,-r aer+as wsrre lir-"W-oevj 1-010 r wyMi r"7ar ORIGINAL Sebi Rana Watarz & Cox., P.A. Fort Laude rdde Arm Awwdsffan of R&ALT ORSO ?t1" '85t 84MMI lg Ewrow AQtwi wi it wa nt 7his t supplonwO and Is a part of oud D?poi!! MSCE f 9 And Contract For We And Pumban daftcl betlsmw x icA?Hg!g!My Le Y.1Ylt6ii A. s .ft ?......?.? Saflar and 914w 'It I& sUrwd belwean the partl s M* all Deposb rnsdo on account of the abe#Q Comma Qwd be xM=wft!!!! - REAR. in a separ8ft it bwas bearing aex = id" ftilfo"ft de=alor' the s=tvt bohg in to name N Is fur is t agrssd ft4 at doaft all accrwd fntslrw*%Al bs divided sc toit m - to Salter 9% in "or 100% Slued = 6 igeney +carftrwd in the Convaef "be rMalved and depoeft thereby refumw4 to ft Mkrj .r. aorued Interest will be cNvided as IbRow to se?e:sr s to @qyarar uw% (a) shard buyer ft to perform and deports In rv=he4 accmmd tnlsrmt*0 be paidio Owner. (bj Should Se[lerfaV to perfwm and do;cst Is rsUarned It Buyer, accnad inlseest VWU be peldto sA4w. -Cr-) In the cavern of an a scmw clo Wng, hteresf a=n ft on the deposit sc+boagwnt io cW ebv shoo 1. wcnm to t w seller, (d) TEw SociW Securfly or Tax Nkr ber fbr each Is; . ?? Signers" ?? day of Huger salkw Ssilar ?„?? ->i?i.,oQer?s,o.?re?a?et to sran.d by at MAY 12 2005 . awsw - Brckw HtOiaal' . FS Q71 PLANNING DEPARVVRr°?`°`nsaw mbw. CITY OF CLEARWATER "rr M; OEM M -.0040w, FROM UNI Dec. 02 2001 07:1GPM P3 .. --.. - --- MAY 12 2005 ORI?- PLANNING DEPARTMENT ITV OF CLEARWATER. Jan-i?-Dd DI;d7p11 From-PICHARCS GILKEY ATtYS 7I7^446-3741 T-i16 P.G?ItOT F-013 Jaerze-try ?tr?ezoa? opoteRiCKA1RIN 6iL v ATTYS tZT-?i?-97S1 S-i6i P d2/C3 F-955 TKI? FP M KNI 9M APPWOM By TW M APAA wahmn Wf kM A a" PA am abides Roved. sum 142 Ter:681 7'I6F-7tatiil FM W--790-M5 r PA; MM a? ' stay c e L L.B? f ?t 5? 8 0 ZO t! ?j tI'? Rsr S9 A?C 71 nRIL FU 1a PAYMEN ialha iannifr ePfd s?ltbor? ryF?is Crx7CS?t ifar8alo atxl Pue?hawettd anpr fefleAS flMad adef?ftda ('Corttrat?7, re®aipllon arils Reef PINPIN bcaraad hK I:acaetR, Fftift a3.awe 77, ats AY = 1=i= - - -, aatatrUmaQ to The Plat >botto rwim 7i5 v ,..... -- -- -. r - - -. _. I UMPUnaao ........ , ..... ...... ? ... ....... . ....... ... . 211.02 00 tz NP%itmaid In escrow by=gb ff2d. wjj v. MUM- eta.. - .... ' ..... . 1rf On q m=l of ... • ... lion I M) 0111M asa" depOIR to be ran* to Sw wAg t wMjh....- _mfya edta ?lliifliira Oli?fi . rOco . oQ (bee Pe rtarapn 11 In ale onamt er - - - . _ ........ , .............. _ .... _ ............... s a'1 (4 Lrrlpftx at n l0e In goad z asdklg We Dlesgmpb Mtc0) hwIvaff >appm4ff"M ? ? or - - ,. ......,...........a with a i aeiir aye f'or?egapis?IY j fi e slsiaifsra! .. ... . :e ? +a ttrrerrf3ng s+ pyr hvo M=VV rlsarVW fl* "C"19 SOW [u tl I (d)) Infwaawn of ........... ? as ®111r: sa fto? Sa i, ss 0r ir"RW Wit . to B*fthnsnn s top ii ... ..:. r r .. a , ... , r r • • • - • • . • • .. .. _ T8'?. tt?C . ttt) a fIL Ill tn+e AcC?PT OF C1 AIID6Otsfiix?OE'F 1 ?F CT> fE DAM (a) If Ihts atkr jr. not eaa?a+? IV arld de6rored t+o aif loattfnas OR Aff OF E7MClTT *N aarry,uril In treti*q bef?yeem V, p..%. M U ACGDVPUMM 9 a C 1E 3r ZAYSROAR THE DATE TK M ?ltEtL ® Tft® des of Cuff t' E ?p w Ye tit dams vabee ors lam o m of am Bwfw ww Amer" frtse wd or fato tso aw atler w the 2rrat obun ww, 1 awl oft is nfa aQlsfs "Its!>fOtttl To Im Cfnmpa, ft n to 'pMS1NS Dlts' tltieel he tho 4nuts dots mr rod Iv. 1 ?116it of fhfe aim or, if apftw%1= Ano1 rwAorolFar. 9s a 04 'hie Is /a cosh 1fflM 1Csw, MM as =w?w.ftww- 111r flrwatng; - -- - - - - - --• --- - - - ?-- as W-I- = ONLY ClYA= 13 a antz aft X Or 13 -A S=d or x*vmw ftllli o m In an prSnolpffu a¢ Mw PCt I& aaenod t? not fa de=aia + ewe ;?? .1 'K ??ur;fL fssd 1tr i ?eell appma wra 1h aer rtlmn t2Riradrfs aril ueo nave isn 1 wt te,oearsfbr to ae ty arersa ar+d +? Wz0 ow cf fltu Lwn APPS ad d n coy Igo" boas 9rpenarla. ?$i atom IN t va -A woo yr }bte to ire per's !s tuft afWrt ?e !5r o6feittitlRT [ ?? aflaa? ? EI?d oil 4 h& to as most Irons pdfbe Apploaral Ci0wils, then N&WpafRlf kiliNter. firtiurlbselnnt?en to rlfe tldae;, rrtf?cancel rijiwmv "Cit 48 Y.1"7'T SY9D 17-- lfr-- at o iw ? T a 00 Sitta+ with la0ftsro ram of In d ttt td1o0 idwaft UWARsmp) and, erg Mal n®. an owast's p aftwohatamsm 6bnA rd Afarterrar?; a p AN Is-1 of Me or. wderes of IN (see si r? -for Is+mel, abW be ol?nod br M4= any attar. Ss111R,, at so: a a?gsetaa and IbFhwrt! b 81GW of otyq's atvmW, a. A CiL MNE DAM nfir vwi waefT ate! IgD 009" aflr V *00V 4WVNMd OR u b Qw1n aaer . or etz mttaotrraWs a e to aw atlr aoa?rleK B all mad dada?rG?bnanB for 10 6 ?? ?+ wmit aOzDtA?i atr4llabto. ?aYe.RFsB-I'EiIGTiOdilS= 'EAO'L?: LJIIfeT1'TPb?Pr spoil aonsreY r:*erf?Rbia a act IV, ooarsehenelvs toad we a, a4 to? aR, acrt 9?far*tr?PI efl?tas 10 Mw pmpwi ii : and rat mfara tFtdfra 19 few ,% wldfl!I as ? ftte f>Tflorft ltlr awmrstp of MrOW4 Ibt ed a+r ?P-ss qsu_ • om- ~Asa* $1441sw BslerQe afnal a? 1or+sasftlfaet 070117 A" OfiNRarlane? ? 1.a4 FROM **A.r FAX NO. - - M2MMM P2 --- ap 4 .. r ,' ORIGINAL MAY "2005 r O NNING OEPAPTIVfEw jar-27-04 01,47pm Prom-RICHARDS GILKEY ATTYS 787-441-ST41 1-885 i J%n,Zt-%4 W &M PfM'EIr:Rr VZ 3410Mr Al Ira r81"O4?•sr4r r"00o r velus "n Jaws M I= in rtisrlti W;* me to kwo1; !tows %ryour of Owing rd albss¢teet I W letUt m rntsrIP"s 2nd Imo` ce rnl "?r?B?P twrtr i?1t884. •eO tidarmnarnt? Pteddsd'lfeet *t? dins nt e?1 sfn= hs %isW en r f 1hp fers0 tp Wd n 0 Wr D=PANc* CAW WUFCVNWW ?FTS ro , ayrer at 0" e1 W,m 11 Goo "ism AW1W hsMK if pn?r ca 1010 od 10 to re "d W OoaMIO blyorld C? Iff, (ho t and terms dntnef Ind Q» rnroot q or aMPWAU Thal bs dledc pttemaarrt in SWrtdatrd F 11 up"Broy is *a to *W d before 4 "r seam d rhft or bN m pawrly'tm I= a xtpl8 >so r.a?eetdA/o end A>]Iblt 7v = Z1?HYM'fTB:M tal! lI?1C411tWT?)il>iirl49i1at109 fe0111 4 0?. 11spd rdte? bi Qs?{IO?A (s !'ee1? atclepdad Pier i= ? T e mnrrom at ot'Ora M I I z zue; Types sr hM?lli+tr wwmm rwou wo !>ft- A shalt =nrnr 'T6t8 71 Ponkd oOCHOX 'ONLY ff" Csmm"04 ton t?lnet in emma um ft mam mew md . In W Y_ AS aqp s rmt ba WW awr4w o "W ?? oft r teQOnY t?M'Ydei t C &a ia. ® row viUl11QR caftsm a e hwy mub* to t'.0" Wt '*a' d?1 O c,40= HM W to Pro" Is sAtea 1D ! 1; l,1 ereeaata811ortf tMm ienpeeed by ?!r 91 a01?1t8tQ dyOrtd Cieoeh? , lto, apet??tMst amtot?trv sue ot8ef G'?t p M9WW QOe+sr(sea tddarrdam TT {b} Raft to a ttr UMW pUGLU-0-0 eeasvcii n aea 8halttr>>tron r781ed ilt t1 "Most e011fte e> *ffva MWPWvnt ?WRh ri 76 Who No arce=d W 1t WW vrA . LAW" theft, 8bst esmad ridortt snd i4?t eg heron bOSrt ?ound'nr tir,n?c >n d Ade9d"t IrO.- i8ft or tafto 10*8 WW taro 9b0imd ftm yaw cWMV sub& Koaldt upit -W,_, W.1WAWFrWWPffl r! s K ta(r. Now a g des p1?t8T0 tseddoteia! Aoteicp + as Ersylisriseq:porran ss dvtad ran rhv Paerlipn irtu. .r+c U }i+.rd Tas A? s.fadl t?prr y?/nih r+ra ee tit If s ;J ar l Ul ug d b bo a rC?en+QorQt tl tlOar?O?e?!' fef0. IIQT ?uTE . Ki* CMT RA 64 4fWjj.8UYW V ff POCC&TOW AIM OU AtT THII MCMBC W1v8i W A 3QCWMC*1 DISCLOiKM. as ;Ct9. UUMUN Pitt ftm cCg1 t ®artartaaaw Ad be rrlpartdbly . P"4 orta In taew at to ? ? ;br t8eadrtttmt tad rtipelr ceder 68retderd ? t? (atssrk lAen 8'16 e? ttta Purcrsere f?leaeir for e9"iranad tepiscargM urtde8r Seeds M N MW aged by Vftad Oeavyirrg Chgar+is 40 ? S i or ow PWvftW& as ;=FvDEftjj?: »OWM Ci SPM AL CLALMRS OMCK Ounw Tiftm 9+ticJr arv -W3 1 AN Moon az4>aRed b shis Qanrra= fro L1 G;P3N00b 1Ni6W a VAN:WA O HOWOM ' AW1i. 13 LEA04A=F`A1M, Irv q cnA&ITAL I=3M3Tp L1C'91 CW GOPfMOI. UNU Q INe XATION Q W IS' az ? Cars GorreptehenasNs Rfdat Ptoviaiane 1 Aadwr¦ oe Spleas(ttttatr(rid: so, in at thaff .?-''f' 0212 • ? freew. 7?7? ier 1R !? ielY?J es ??a m '- II?Lb" hum M It Lice lansmak W1ift PA lRsrlarrm? CrsrWcfia./ L•?- ??esne?Liis #hW ?Mad?w?lf?? s m?dwA? W61IBb amn2 l! *a MM one= In 7 ?ar sTY.8T14 ?'vR R?L e?4'ATB:'tx7mlfi f"slbtederis"j? 6t?srrrnd iotkr akiapi.da0 rsa?irlr sf [ wRi+ d iltnnrsol xrz A twcuph W an in a uft d+e 4L wNch am 1naorporaW as FM C(ltbt Cortlrlrri. 1os vis alMTFom R USA" ?a WA=: it ROT F6"Y W 3EC1>I;TflGAtirVtt7otif?At1 AT'ldt:lel<rrr?a!rtrossy? g? A Wy{TM F>I.l PA M5OGH?11011 GP l%.T%*WAWVM Fr.MDA yea 9 e to I& 680W Soo we ftpPcffie faw"M oil mar N of Ael?efrr0PsTnu?er?hia. 'tl?rrs e rd5 _Pm - W Zia; -"Pi 72? 1 fi/ a7? 1????sK ITf tarsi! /Df t7?QD? tiiolberv @&wss 10 plxp 3W of fw" ! S! tva ? ¦t4 tN1 fiti4 Wvw At" tt? OoOOd! tWd4R Asra?faPR 1t ? A? SCtfecfrs ? ?+asrt, e??, r ? - t,s ®fOCteRM Ttob 8rt+eksrs nostrad lreiar iASp i"M W* ®opara" erPIOW so Ihn W* brde+rtt aerOBBti M momp"B cm 8'1 t» cwmuStlan YAM IhIs C*Mbvs8: t,a N? jM o rto AAJMk age®t ?r r ? i?ea>pr atrT? Leo ? ISt ?.r.&w.&a rvr ts,.M.s ?,? wn ? Arlo sreesas? err disr fc?o,t mAN WmW11??-{1?r7 l anesrt amd Arl?,ndFarsasratt? 40"' op FROM : FAX NO. : Dec. 02 2001 07:17PM P4 ORIGINAL e Jan-11-0I cl !4!P a From-FICHAFDS 2ILKEY ATTYS 727-448-sr41 T-811 P. 08/0 7 F-Va Jan 22 P004 '7; 2+PM RLL CUUKTV TITLE SERVICES 561 750 6205 p,7 Aakk &m no t+cab Y lit acrd P'Yrrl?wo PaV Z o.' fps Cantr"k the =*@ 0"@* dwa be drtmed ww4vftedabin. / 4. 711 t; ughC Dra eltsil U 15 Waaf• dgp slbir trl nVinoc n otdc Ta os Pwbd or tV extetulen tleerear? 34" xeatte tako AMC sLem agL . 0su.cd ifaleltba, r4q. MAY 12 2005 249? t3i4da Aard, S1ai0s 112 150=0 am Fl.sw i NNINGDEPARTMEW 'f'bo 8tgrvr Samoa to gap The SSitIws stteefiney's fhart up to iZ.tfQ>?.00. t f •vih this zwuxetfve and Qv Sr or eomni3sedoa IB due to a8sy 6rolrsc er szwpec=. Pack poq? hasp 1! wets to 3eidectsu6r ad !':old the odw lmaJew Eto1a'sw dsawe8:v apt afs fR atlhe RuW. To CITY OF CLEARWATER 9 _ Whist 1# ea?Eaaoi3az ? dtv the Piro Drys, 8elier tibe?A e?eltvmt ro bier ??? aopivr dell ioaefms, cvntsi ayD+oexoo?r. ttsseegs?ias, @tne PaiSoirs, essmmsitesswtti. rapearCl, wev?s. rarbsr?l s?ilodi arkr+aposss / eosrtdbng the !'i+vpam lha.ttlr;ie" ANY Isss+Me hi thdr p?iem ?. Bath Putfee< ieerrby rzprwttt ticat n14us ku dd Bit wit sw fwi um btokae• or raieotovt In eotmeaFoa . eeerasshrad is ll*>??m* Any no4iee l jsdrrd b , 6' 1 b+a set wig w3 cls:Iiawed by ? trft a Dopy aeallisi sa fob ero:: Tv Lisa Bailee: MBdc lltole?skee cbiaaEa, U. 6as57 REk;EIVED ZY'!th xrepy tc: Antiwiv Mamas With a copy to: Basil C} Yraeeal. 369. 1253 !ak S"M Ctefextrstee. PL X315$ a.' Arty ornsflsot brsrWw else P"L"= of the ptvvipiaw of tl s Micadtees. DATE" DATM or affi T MAR% Ti.. MMMSIZ 3A IA"- c.*w" Ono br :l+sshvd is hrlor FROM : FAX NO. Dec. 02 2001 07:14PM P1 r SGT,! LjAjj -- -- O L3 Qay £S19IA dA&j..4T-eA_ Jen-ti-Od 0; :46pnt From-AICMgs GILXEY ATTYJ J9l1 ;6 11+9 Vi -10O. ri /?Al?nw.w .IMO1 n1 r 1 • ft ORIGINAL . 7ZT A4;-a74i T-11b P.12107 "TZ 11.1-nv-al,a 1^a/a r oMvr r-ml Schliana Watarz & Cox, P.A. Fon Laudendala Arran Assodeftn Qf REALTORM InWrest Dartng Fscrow Agrwm*nt 7hls Agmm rtit =Wlmmaft and is a part of they DeP=R ROW" And Cordraat tFor 8eis Ana Purdme dMel ?.._..ae ... ?.., but Wis.14a1; aka F. _ ?, .=aoa awing and w,oeibmwomy,e . Bt?Aar: it is agrosa batumen the p"" brat all Dapmb mods an a=aunt of go abaft Comex shaft be d rigid by T.lr Xx=v Ayowl _.? REALTY, in it sepm'ete irf? bamIng as*tsit at. !ho tblowing depadtor: wM the alc=unt b6mg in fto ream A ie ffftlf agreed I.Wr at oloelnA, all mmuod WAmmetwtll be dMdad as falk w ! to Senor. 4% - to 6uyvr 20M Po lfd My m-fingency corit fwd in the CoMsd Not be rimolmd avid depoeft thweby r*tumad to the Swer. awed irderost vAll be dhrided as WOW to Sager 9% to SUw 3asy, (a) Should Buycrtail fn porfiorm and dopoaft W rafttrud, aoaued trOrmt wig be mud to swim (b) ShvWd _11;effm0 tl to pmforrn and deposit 13 retarmW in Bayer. a=ued 1r ggrost KIWI! be pold to 13tWw. (e) In the Wdnt atmn rJ=W c3 fVt ftnat a=rcing on the depmA subsequent to cimtrq shell I ua to the ally. (d) The Sadali Securtly or Tax Mmiberfbr such I= laww 561- Setfol' M- 1L 2005 8lgned fts day ", %A OtANNING DEPARTMENT _1Tv OF CIEARMER s.n.r Buyer Qefllcer 8rvknt' . . laomftrm? ThW Aumftn=t roust be cWw d by A 1 . Awed ?rtsieu t ojt jo) AR 66 3 Bay Esplanade Clearwiter Beach, Flo THIS APARTlvil:NT LEASE ACi 1LE and between (ta"inafty reefers and at Principal>. ;gnu, and assign, owner of ,-.--Community, and _ pers:unst), t. D1MISe. In turnidcration paid heretutdcr as and when the same oonditiom to be kept, performed and t :erases afro following premises to made Apt:rtrrrent No. tJ T Tlocawd as ? Community") together wigs the £urnitu 2. TERM. This lestsat SIKH coi monttu, and :hail expire an delayed because of 11orAnue2 th Resident in say tripe for sucb delay l'he rest shalt be abated oa a daily bas givislg notice in writing to - Manager no entitled onFy to a refttstd of Rctidmv" 0'r.=4 ac;, itrluragst stall not be liabie CkSning and rcpak stecvioet tsequesttt remedies exprtes Ay provided in Section 0 R I61?7? LEASE AGREEKENT 33767 S T- TT (The ''Least") is made this dzy of to as "llanater'"), aetuis for and on behalf of 0-ijaril. ysatst to esspreased writ.en audiorty granted to Mariner b the Qteseinecr rcfermd too As 'V. ident" vthethrr one or tare payment by Rtsstislrpt of the rental pay:uc W rvquutd ill become due and the Pcrfattrant a of all other covensa :teed by Resident undo this .[.ease, Matam hereby Bemis, v„, _. IIt 'the ___rApatmcra Community (the ~ApW fi ttisrhi s, "personal pmpessty eonmined thmeim if ant; ns:rrt:e =AAQ82 04 and SMU remain in 950Ct for a t= tta3if aotaai C*MnSanscrssesat of occupancy of ale p-u holding over of a prior resident, Manager shall not be iii and dug Lease shall rumba in tbret, subject to the Wc%in daring sruoh delay, and (2) Resident my trr,.knLt-- this Les :ter than the titled dty of tercel delay. whmupon Roaident rb iearhy deposit and prepaid tail Subnquent to Rsesi4mtt t s Resident for delays to providing rcqueatied Servicet$ inclux by !Resident', sad R:sidettt shall be saictly limited to 3.56 of the Florida Statutes. be Riod sa (J by be 3, RENT, Tho Residue Agrm pay the Manager the assn of j6i:6 per ninth to resat. This is the coral of ck follo-ing: •• ? "Rent at ch=ic-in shall include fast and last tronth' rcpt. ?k Renal S ,?4 j-_ tbfr Pd Clsmw. s -"''= W-l,-Mayor. S Partings ?. t itsc resident Agrees that all tea as listed be deamcd at sWitionai rent The EMOS and shaH also be &=wd mddis+onal twat teat in the artaount stated above, and as duarit the term of this Least:. Rental pa cke.i. or -mucy ordet in U.S. burls, dr except when paymmnt is made by valid m [tad payabio in advance, tad mug he rece othwwise notified in writing. Rest is dLw retttai psyasutt it not paid in full by 5.W tvbuan shall be odditional feint- Iftt.estd+= in addition ;o the a=med ;ate aur=a. A worthien dw,.* to the Manager, or Rot Resident agrees ;tut all statue tent: 4114 ch or weary cadet. 4. t,40VE EN DATE, Tbc I-"' ttccobd month followwc= the srre:ve rn daI ROW f 1-1 Fla: 3500 (Dads Ox oty &W all lax fees; worthiieaa cbteck ten mad aL Cotrt:acttasd f ge fat "5ractgencY odKsal 5ervica" is awboraod by Dodo a ttsis chugs r appHmble. Resi4ent further Agrees: to pay Goo kwied pununsat to the prvvisiom of d6is lea" astpemWXeach Ineettts shall bo mods only by personal cluck cmbkr'a C1KC;L wa an a bank, tavirW and loll. sanocist:ion. or credit ttn.tOf::C [ oey order sad rwede payable to die Mamgtr. Rent fur each ream vcd by the MAUaEer at its Rana[ Onset locantsd an site, on to before the first day of the anonth ?writhout notta or detrn ?..t4. ewe t o 3« or dx math. RrFident shall pry of s check fail A ckar the stank a service chap of „fit., A" b• sad, I of witch shall la additional resit In tine 1= Reaidcm P? irntfills to par tetsttitsIy (cm or before the 3 " day of the rYea sball 5e paid to NUAPtter by rtesident in the Forces of'c"t ivr' indate thou bL w Prorated rest sftd be slue on tha first der at the in :be sum of JIM All rots afe prorated i asod on a 6iAy ( j day. R E (r;-El' , V; "E D MAY 12 2005 LkNNING DEPARTMENT' "ITY OF CLEARWATER • ORIGIN amount of any concessions that were given or during the tin ° to reimbumc the Manager for the full unt of any eoncv pan% aph 17 of this Lease agreement. 33. RESIDENT'S REPRESENT TN-MILITARY: R agre emat is a member of the military or er Armed Forces intend to enlist. 36. AUDIT AND CORRECITON F ERRORS: In the rental agreement is incorrect as to du atian f tenancy, contrrtet deposits, other contractual fees, address or i nit numbers and ad rrAy cause the same to be corrected on tim original aptarnent ftnisthed to Resident, and Resident agrees sign, or initial site receipt thereat. 37. LAWS GOVERNING THIS NTRACT: This al laws of the state in which the apart lent co ty is located, a be tried is the county where said property' ioaat4 IN WI'T'NESS WHEREOF, Rident has exf written, and Manager has exec ed the same a y9d SeGu/Lt? ?S I T" *2o o. 00 10 go AL GIf? of Resident's tenancy. This agrccmc by Rcsida siorts shall include fault by resident a provided tsidcnt represents to Manager no. party this lass )f the United States, nor do any patties this Leas , event Manager discovers that any p on in thi cement or termination date of leamc, nt of ren er material provisions of rental agree Manage t base agreement or addendum theret th a cop; h correctioiss within five (S) business from th reemettt shall be construed in ace with thi ad any tepi action arising from this a nt slutt cuted this Lease as of the to firs) of the date set out below. ?pI Manager t --- 1 Date 11?L R -rst DatC Resid, .. Date Resident Date RECEIV ED MAY 12 200 PLANNING DEPART ENT CITY OF- CLEARw TER tf " n e. s ORIGINAL month. Resident's possession of the premises shall start on the move-in date. In the event Resident occupies the premises prior to the term of this Lease as defined in paragraph 2 above, such occupancy shall in no way affect the term of this Lease, however, performance of all obligations, covenants and conditions shall be due from Resident as of the date Resident takes occupancy of the dwelling unit. 5. UTILITIES. At the inception of the tenancy, Resident shall pay for all utilities servicing the dwelling .unit. The Manager is not contractually obligated to pay for any utilities provided to the rental unit during the tenancy. However, specified utilities may be.paid for by the Manager at the election of the Manager and shall be used only for ordinary household purposes. Failure by Resident to properly notify utility providers, and to place utility services in Resident's name, shall constitute a breach of this lease. Utility charges improperly assessed to the Resident taking occupancy shall be considered additional rent. The manager reserves the right to begin. charging the Resident for usage of water, sewage,. and cable television service during the term of this lease upon providing no less than 15 days notice. If the Manager elects to charge for a water pass through, then he Manager may pro-rate, sub-meter, sub- rate, flat-rate, or employ any other reasonable means, to ensure that all or part of the costs of tenant's water consumption are accurately reflected Upon Manager's election below, Manager, agrees at Manager's expense to furnish the following utility services to the premises: (] electricity [ ] gas [x ] water & sewer [ x ] garbage collection [ ] cable [ ] other 6. SECURITY DEPOSIT. Resident agrees that a Security Deposit in the amount of $_ has been paid prior to the signing of this Lease or shall be paid upon demand unless resident provides proof of payment to the Manger. All deposits paid shall be referred to in the aggregate as "Security Deposit". Failure to provide a Security Deposit constitutes a material breach of this Agreement and, as such, shall be grounds for eviction. Resident acknowledges receipt of the Security Deposit Addendum incorporated into this Lease by reference. 7. USE AND OCCUPANCY OF PREMISES. The premises shall be used by Resident only as a private residence. The premises will be occupied only by: (list all adults and children) RECEVED S6 t?K AGE AGE MAY 12 2005 r _ - ?- AGE AWNING DEPARTMENT AGEITY OF OLEARWATER Resident acknowledges and agrees that any person occupying the rental unit for a period of 30 days or longer during the term of this lease shall be deemed an additional occupant. Resident agrees to notify Manager and request written authorization before adding any additional occupants, which is subject to existing Occupancy Standards, Rules and Regulations, and other applicable provisions of this lease agreement and Florida Law. $. ACCEPTANCE AND CARE OF THE PREMISES. Resident acknowledges receipt of the Security deposit Statement (hereinafter "SDDS") establishing that Resident has inspected the condition of the premises prior to taking occupancy. The Move-In Condition/Inventory section of the SSDS shall be completed or reviewed by the Resident, and damages not appearing on the SDDS shall be presumed to have occurred during the Residents occupancy of the rental unit. Manager reserves the right to impose a claim on Resident's Security Deposit or to demand repair of damages to the rental unit occurring during Resident's occupancy. The SDDS shall not constitute a request for repairs, or constitute compliance with notice requirements pursuant to Section 83.56. 9. RULES AND REGULATIONS. Resident acknowledges receipt' and review of the "Rules and Regulations" agreement. Resident agrees that Resident, Resident's guests, and occupants shall comply with the written rules and regulations, and further agrees that failure to comply shall constitute a breach of this Lease. JECHVED ORIGINAL MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Manager may make reasonable changes by posting same on premises or in writing and distributed to all residents which changes shall become a part of this lease. Resident further acknowledges that no pets, inclusive of visiting pets, are permitted in or about the rental unit without the prior execution and performance by the Resident of the Pet Addendum. Resident agrees to abide by all provisions of the Florida Statutes, inclusive of those in Section 83.52 entitled "tenant's obligation to maintain dwelling unit". 10. LAKES CANALS, PONDS, AND WATERWAYS. Resident acknowledges and understands that any lakes, canals, ponds, or waterways that are located upon the premises exist for aesthetic or water management purposes only, and are not provided as an amenity or controlled by Manager. Resident acknowledges that swimming is prohibited in any lake, canal, pond or waterway. Resident agrees to take all necessary precautions around these areas so as to prevent any injuries to Resident or persons on the premises with Resident's consent. Resident further agrees to assume all risks hold harmless and indemnify Manager for all loss and injury to resident and persons on the premises with Resident's consent, and their property relevant to the presence and use of lakes, canals, ponds, and waterways. 11. REIMBURSEMENTS BY RESIDENT. Resident agrees to reimburse manager promptly for the amount of cost of repairs, including plumbing disorders and appliance repairs, caused by negligence or Resident's agents, invitees, family or guests. Resident shall be responsible for any damage resulting from windows or doors left open. Reimbursement for property damage, late payment charges, returned check charges or other sums due from Resident, shall not be deemed waived, and Manager may demand same at any time, including at or within fifteen days of move-out. 12. ASSUMPTION OF RISKS. Resident acknowledges that Manager has advised Resident of the need to obtain appropriate and adequate insurance, and Resident agrees to look solely to the insurer of Resident's person and property for recovery for any loss suffered by Resident during tenancy, except losses occurring directly and specifically due to Manager's negligence. Resident further acknowledges and agrees that Manager and its agents or employees shall not be liable to Resident, invitees, employees, or others on the premises with Resident's consent for any damages or losses to persons or property, caused by any person, animal or occurrence, unless the injury, loss or damage is caused directly and specifically by Manager's negligence and resident acknowledges and accepts that any claim by resident regarding the negligence of the Manager is subject to the definition and requirements as stated in the last section of this paragraph. Manager shall not be liable for personal injury or for damage or loss of Resident's personal property, inclusive of vehicles, furniture, jewelry, and clothing from theft, vandalism, or other criminal act, firewater, rain, storms, smoke, explosions, sonic booms, or other causes whatsoever unless the same is due to the negligence of the Manager. If any of Manager's employees are requested to render any hired or courtesy services such as moving automobiles, handling furniture, cleaning, signing for or delivering packages, or any other hired or courtesy services not specifically agreed upon in this Lease, such employees shall be deemed the agent of Resident, and Resident agrees to assume all risks for same. Resident agrees to indemnify, defend, and hold harmless, Manager from and against any and all claims for damages to property or persons arising from Resident's use of premises, and from other activities, inclusive of work, permitted or suffered by Resident on or about the premises. Resident acknowledges and represents that Resident understands and agrees that any claim or allegation of negligence against Manager and its assigns, employees, agents and representatives shall require proof by the claiming party that the manager and it's assigns, employees, agents and representatives shall require proof by the claiming party that the Manager had actual knowledge of a pending loss, failed and refused to act reasonably to prevent or mitigate said loss, and present an actual duty and reasonable ability to act. 13. DAMAGE, DESTRUCTION OR DISINTEGRATION OF PREMISES. In the event of damage to the premises by fire, water, or other hazard, or in the event of malfunction or disintegration of equipment, utilities or structure, including roof leakage, Resident shall immediately notify Manager. If damages are such that occupancy can be continued, Manager shall make repairs as needed with reasonable promptness and rent shall not abate during the period of such repairs. If, in Manager's opinion, the premises are so damaged as to be unfit for occupancy, and Manager elects to make such repairs, the rent provided in the Lease shall abate during the period of time when the premises are not fit for occupancy. Resident agrees that rent abatement for the period of time the rental unit cannot be occupied is the sole remedy available to Resident and that in all other respects, the terms and provisions herein shall continue in full force and effect. In the event that the premises are so damaged or destroyed as to be, in the • ORIGINAL *=CEWED MAY 12 2005 P LV +?'? (? y NI N? G r' D? E eP Ap , R A' T eLb?fd M? E N T opinion of Manager, incapable of being satisfactorily repaired, then this lease sha?l3'?t??9aP!' h`d Rlaal1 be liable only for rental payments up to the date of such damage or destruction. 14. RIGHTS OF ENTRY. Manager shall have the right to enter upon the premises at all times and under all circumstances as provided in Florida Statutes section 83.53, inclusive of the purpose of inspecting the same and making necessary repairs and maintenance thereto. Resident shall receive reasonable notice at least 12 hours prior to entry for normal repairs, and repairs shall occur between the hours of 7:30 a.m. and 8:00 p.m Such right of entry hereby granted to Manager shall include any and all reasonable business purposes connected with the Management and operation of the Apartment Community, and any business relating to the premises incident to the Management and operation of said Apartment Community. 15. SUBLETTING AND ASSIGNMENT. Subletting, assignment, or securing a replacement will be allowed only upon the prior written consent of Manager. Notwithstanding any permitted assignment, subletting, or replacement, Resident shall at all times remain fully responsible and liable for the. payment of the rent herein specified and the performance of all Resident's other obligations under the tens and provisions of this Lease. 16. MANAGER'S OBLIGATIONS. Manager agrees to comply with Florida Statutes, including malting all reasonable repairs, conditioned upon proper notification by Resident and the absence of Resident's obligation to pay for damages caused by Resident or Resident's family, guests, or invitees, or employees. Manager further agrees to comply with all applicable state and local laws. 17. DEFAULT BY RESIDENT. If any rent required by this Lease shall not be paid when due, or if the Resident in any other manner fails to perform any of the terms or conditions of this lease, including any of the provisions of the Rules and. Regulations and any other applicable addendum hereto, Resident shall be deemed to have breached this Lease, and Manager shall have all rights provided under state law and this Lease, including the right to terminate the Lease, retake possession of the premises, and recover damages. The parties agree in advance that if Resident fails to perform prior to the expiration or termination of this Lease, the Resident vacates the premises either voluntarily or involuntarily, Resident shalt be obligated to Manager for an amount equivalent to 3 months rent which amount shall operate as liquidated damages. In the event of any other breach of this Lease inclusive of any property damage, Manager shall be entitled to all remedies as provided by Florida Statute Chapter 83 and all other relevant provisions of State and Federal Law and as provided in this Lease. Retention of the Security Deposit or termination of this Lease by Manager shall not constitute a limitation of Manager's right to damages. 18. TERMINATION AND RENEWAL. This lease may be terminated by either Manager or Resident at the end of the original term, or at the end of any renewal term, thereafter, upon the party desiring to terminate giving to the other party 30 days written notice prior to the intended termination date. Subject to Manager' consent, Resident may renew this Lease by providing 30 days written notice to Manager prior to the expiration of this Lease or any renewal thereof. The lease then may be renewed for such period and under such terms and conditions as may be agreeable to Manager and Resident .If neither Manager nor Resident shall give any of the notices provided for in this paragraph within the time provided, tenancy shall automatically become month-to-month after the expiration of the term of this Lease or renewal thereof. The rental rate for said month-to-month tenancy shall be the current rental rate for similar apartments in effect at that time, plus any month-to-month fees which shall be considered as additional rent. All other provisions of this Lease not consistent with this paragraph shall remain in full force and effect during the term of the month-to-month tenancy. If resident holds over after giving notice of intent to vacate without prior approval from Manager, Resident shall be liable for double rent pursuant to Florida Statutes section 83.58. 19. LIENS OF SALES/EMINENT DOMAIN. Manager or Owner of the Apartment Community may encumber the premises and/or the Apartment Community by mortgage(s) and/or deed(s) of trust and any such mortgage(s) or deed(s) of trust so given shall be a lien on the land and buildings superior to the rights of the Resident herein. Foreclosure of any mortgage of sale under a deed of trust shall not constitute a constructive eviction of Resident and Resident agrees that this lease shall transfer to the purchaser at such foreclosure or sales as if this Lease was by and between Resident, as Resident and such purchaser, as Manager. Any sale of the Apartment Community or any part thereof shall not affect this Lease or any of the obligations of Resident hereunder, but upon such sale, Manager (and the prior Manager of the Apartment Community) shall be released from all obligations 0 ORIGINAL PiCHVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER hereunder and Resident shall look solely to the then Manager of the Apartment Community for the performance of the duties of "Manager" hereunder from and after the date of such sale. In the event that the leased premises is taken by eminent domain, then Tenant shall be entitled to no damages or any consideration by reason of such taking, except the cancellation and termination of this lease as of the date of said taking. 20. RESIDENT INFORMATION. All information provided in the rental application or similar instrument is represented to be true and correct. Resident covenants that all such information was given voluntarily and knowingly by Resident, and if such information is false or misleading, Manager shall have the right to terminate this Lease by providing 7 days written notice to Resident. Upon receiving such notice of termination, resident shall surrender the premises. In the case of bond financed properties, Resident hereby certifies the accuracy of the statements made in the Certification of Resident Eligibility and Income Verification (the "Certificate") previously executed, and further agrees that the family income, family composition and other eligibility requirements set forth in the Certificates shall be deemed substantial and material obligations and representations relied upon by Manager in approving tenancy. Resident will comply promptly with all requests for information with respect thereto from Manager, the Owner or any Mortgagee, and Resident's failure to provide accurate information in the Certificate or refusal to comply with a request for information with respect thereto shall be deemed a default by Resident, which shall entitle Manager to pursue all rights and remedies set forth in this Lease agreement or as otherwise permitted by law. Failure to furnish accurate and current information on the certificate may further subject Resident to civil liability, inclusive of eviction. Resident further agrees that this Lease shall be terminated or become null and void if it subsequently becomes known to Manager that continuation of Resident's occupancy will result in the interest of the bonds utilized to finance the construction or purchase of the Apartment Community becoming subject to federal intone taxation, or a violation of the applicable statutes permitting the issuance of the bonds. 21. SUCCESSORS. The terms and conditions contained in this Lease shall be binding upon and inure to the benefit of Manager and Resident and their respective heirs, executors, administrators, personal representatives, successors and assigns. 22. NOTICES. Any notice or document required or permitted to be delivered to Resident shall be deemed delivered if delivery. is in compliance with Florida Statute, section 83.56(4), by mailing or delivery of a true copy thereof, or by leaving a copy thereof at the rental unit. Each Resident who executes this Lease constitutes and appoints the other of them as his agent for acceptance of all notices, including summonses and subpoenas. Delivery to Manager may be affected by mailing or hand delivery to the rental office on site or to such other address as Manager designates in writing to Resident. 23. COURT COSTS/ATTORNEY FEES. In any civil action brought to enforce the provisions of the rental agreement or Florida Statutes Chapter 83 in relevant part, the party in whose favor a judgment or decree has been. rendered may recover reasonable Court costs, including attorney's fees from the non-prevailing party. 24. GENERAL. No oral agreements have been entered into with respect to this Lease. This Lease shall not be modified except by an instrument in writing signed by both Resident and Manager. In the event there is more than one Resident, each Resident is jointly and severally liable for each provision of this Lease. Each Resident states that he or she is of legal age to enter into a binding Lease for lodging. All obligations hereunder are to be performed in the county (or parish) and state where the Apartment Community is located. 25.SEVERABILITY. If any word, clause or provision of this Lease is illegal, invalid, or unenforceable under present or future laws effective during the term of the Lease, then it is the intention of the parties hereto that the remainder of this Lease shall not be affected hereby, and it is also the intention of the parties to this Lease that in lieu of each word, clause or provision that is illegal, invalid or unenforceable, there shall be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and kept legal, valid and enforceable. 26. COUNTEPARTS. This lease is executed in multiple counterparts with one copy to be famished to Resident and the other copies to be retained by the Manager. 27. ENVIRONMENTAL DISSCLOSURES. Resident is advised as follows: 0 ORIGINAL P4CHVED MAY 12 2005 PLANNING DEPARTMENT CITV OF CLEARWATER Radon Gas: Radon is a naturally occurring gas that may present health risks to persons who are exposed to it over a long period of time when it has accumulated in a building in sufficient quantities. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Lead-based Paint: Resident hereby acknowledges and accepts disclosure notice of the potential of lead-based paint being present inside the dwelling unit leased to resident, and on other surfaces exterior to dwelling unit. Available records or reports relevant to the presence of lead-based paint and/or lead-based paint hazards are available to the resident on request. A federally approved lead hazard information pamphlet will be made available to resident upon request. Asbestos: Manager hereby provides notice and resident acknowledges and accepts disclosure of the potential of the presence of asbestos inside the dwelling unit and structures otherwise located in the apartment community. Asbestos has been established as causing health hazards under certain conditions. Information regarding presence of asbestos is available to resident upon request. 28. SECURITY. (A) Manager does not provide and has no duty to provide any security services. Resident shall look solely to the public police for security protection. Protection against criminal action is not within Manager's ability to provide. If, from time to time, Manager provides security services, or services or equipment that appears to furnish security, inclusive of limited access to entrances, alarms or monitoring systems, and courtesy or uniformed personnel, those services or equipment are for the Manager's exclusive purposes and shall not constitute a waiver of or in any manner modify this disclaimer. Manager shall not be liable for criminal or wrongful actions by others against Resident, Resident's family, guests or property. (B) SECURITY/INTRUSIN SYSTEM. Any security/intrusion system located on the premises will be installed by an independent party in the business of installation and maintenance of security/intrusion systems. Manager makes no guaranty or warranty, including any implied warranty or merchantability or fitness that the equipment or services supplied will avert or prevent occurrences or the consequences therefrom which the security/intrusion system is designed to detect or avert, including no representations that the system will operate properly or will prevent loss by burglary, hold-up, fire, or otherwise. Resident agrees to hold Manager harmless, defend, and indemnify Manager for any claim or cause of action arising out of the Resident's use of the system, and to look solely to independent parties responsible for manufacturing, installing or monitoring the system or to Resident's insurer. Resident agrees that Manager shall have no responsibility for repairs to the security/intrusion system and that all such repairs shall be the sole responsibility of Resident and at Resident's expense. Additionally, Resident agrees to pay any costs that may result from false alarms being emitted from the premises and will additionally pay any permit fees required to be paid by an appropriate governmental authority or property association in connection with the use of a security/intrusion system, if applicable. Resident further agrees to pay any installation fees required to activate and obtain monitoring services for said system. (C) PATROL SERVICES: Resident agrees that Manager may alter, suspend, or cancel any courtesy patrol ,service without notice, and that manager has no obligation or liability for the acts or omissions of any employees or agents of any patrol service which may be engaged by Manager. Resident recognizes that Manager cannot and does not guarantee or assure resident's personal safety or security of property, and that Manager's efforts are voluntary and done to protect the property of Manager. 29. TOWING. Resident agrees to hold Manager harmless, defend, and indemnify Manager for any expense or damages caused by the towing of unauthorized and/or illegally parked vehicles from the Apartment Community property. Unless spaces are specifically assigned by mutual agreement, Resident agrees and acknowledges that parking spaces are available on a first come first serve basis, and no particular spaces are available or reserved, proximate to the dwelling unit occupied by Resident or otherwise. The Resident agrees to hold the Manger harmless to defend and to indemnify Manager for any loss to persons or property resulting from Resident's utilizing the parking spaces. In th e event assigned parking is provided to Resident by mutual agreement in writing, Manager authorizes Resident to exercise all legal remedies to enforce his or her exclusive use of the parking space assigned. The Resident acknowledges notice from Landlord and Resident must comply with Florida Statutes section 715.07 and all applicable State, County and city Ordinances when enforcing his or her exclusive use of the assigned parking space, whether through towing or otherwise. In consideration for the provision of an assigned space, the Resident agrees to hold harmless, defend, and indemnify Manager, his agents and assigns against any cause of action, claim ORIGINAL RL*HVED MAY 12 2005 PUNNING DEPARTMENT of loss to person or property, or demand for reimbursement for towing expensraMf UCAM ent of use and enforcement thereof. Further, Resident agrees that any additional vehicles parked on the premises by Resident, or persons on the premises as guests or occupants residing with Resident, shall be parked in available spaces on a first come and first serve basis. Any vehicle parked on sidewalks, fire zones, or other unauthorized spaces shall be towed at Resident's expense. 30. WAIVER OF JURY TRIAL. The parties waive trial by jury on any action arising in any way from his tenancy and agree that a non jury trial is the selected form for adjudication of all actions rising from the tenancy, inclusive but not limited to causes of action arising from contract and tort claims. 31. MOVE OUT PROCEDURES. Prior to vacating the dwelling unit, Resident agrees to leave the dwelling unit in the same condition as when leased except for ordinary wear and tear. After Resident vacates the dwelling unit, Manager's represbntative will inspect the rental unit and complete the SSDS, (Security Deposit Disposition Statement). Manager shall not be responsible for personal property which may be left at the community after Resident has left the rental unit nor shall Manager be liable to Resident for any loss of or damage to such property. If Resident fails to move out on or before the date required hereunder, Resident shall be liable for double the amount of rent for the period during which Resident refuses to surrender possession of the dwelling unit, or has otherwise failed to deliver possession. Resident is in possession of the dwelling unit and the dwelling unit is considered occupied by Resident until the date that Resident delivers full possession to the Manager, including all keys, gate cards, and other items providing access to the dwelling unit. The notice provisions of this Lease will be strictly enforced. If resident moves from the dwelling unit prior to the expiration date of this Lease or fails to provide any notices required by this Lease agreement, Resident shall be in default of this lease. Return of Security Deposit will be governed by the attached Security Deposit Agreement and Florida Statutes section 83.49. 32. MILDEW AND MOLD. Resident acknowledges that the dwelling unit is located in Florida, which has a climate conducive to the growth of mold and mildew, and that it is necessary to provide proper room temperature, lighting, ventilation, air conditioning and dehumidification of the rental unit to retard or prevent the growth of mold and mildew. Resident agrees to be responsible for taking all proper action to retard and prevent mold and mildew and to protect his person and property from loss or damage as a result thereof, and further agrees that resident shall be responsible for damage to the dwelling unit resulting from Resident's failure to provide proper climate control. Further, Manager shall not in any event be responsible for damage, loss or injury to persons or property caused by mold or mildew. . .. _ _ 33. WARRANTIES. Resident understands and acknowledges that Manager does not warrant the dwelling ' unit in any manner whatsoever, other than as required by Florida law. Resident agrees that the dwelling unit shall be used solely as a private residential dwelling and for no other purpose whatsoever. Resident hereby waives any and all rights, which would have otherwise existed in favor of Resident as a result of any implied or expressed warranties. 34. SPECIAL PROVISIONS. The following special provisions, concessions and addendum shall have control over any conflicting provisions of this printed Lease form: Rules and Additional Rent Adden Lead Based Paint Notif Move-In Condition and agrees that if a concession was given at the time of move-in as noted above and the Resident does not fulfill the terms of the Lease as provided herein, he/she will be required to reimburse Me Manager for Lae nu, 663 Bay Esplanade ORIGINAL • .? Clearwater Beach, Florida 3767 THIS APARTMENT LEASE AGREEME?fT (lire "Lease") is made this Ls1-day of??U1. 4PC?f by and betweai?l ?ereinafler referred t as "Managcr'?, acting for and on behalf of Owns idlord and all Principals, agents, and assigns, p t to expressed written authority granted to Manag by the owner of Community, and creinalter referred to as "resident" whether one more persons). 1. DEMISE. In consideration of payment by Resident of the rental payments n paid hereunder as and when the same s become due and the performance of all other c conditions to be kept, performed and obse. ed by Resident under this Lease, Manger hereby leases the following premises to resident Apartment No4 located at 4 Community") together with the fumiturc, 2. TERM. This lease shall comm months, and shall expire on e t ' 20C delayed because of construction or the h Resident in any respect for such delay, ar The rent shall be abated on a daily bssis c giving notice in writing to Manager no lat catitled only to a refund of Resident's se occupancy, Manager shall not be liable to cleaning and repair services requested remedies expressly provided in Section 83 ?4Q6 , inY the Apartment Community . (the "A rnishings, and personal property containcd therein, if t cc OZM 1 2004 and shall remain in effect for a to If actual commencement of occupancy of the pre ling over of a prior resident, Manager shall not be this Lease shall remain in force, subject to the folloi ing such delay, and (2) Resident may terminate this than the third day of such delay, whereupon Resident rity deposit and prepaid rent. Subsequent to Residct esid=t for delays in providing requested services ine Resident, and Resident shall be strictly limited 5 of the Florida Statutes. 3. RENT. The Resident agrees to y the Manager the sum of $7?per month as rent. the total of the following: Rent at check-in shall include first and last me Basic Rental S --I -I .S^ Parking S N 4 The resident agrees that all fees as listed aba be deemed as additional root. The EMS ohm and shall also be deemed add.itianal rent wbei rent in the amount stated above, and as acc during the term of this Lease. Rental payme chuck or money order in U.S. lands, drawn except when payment is made by va1M mono, and payable in advance, and must be received otherwise notified in writing. Rent is due on rental payment is not paid in full by 5:00 P.U which shall be additional rent. If Resident's ck in addition to the accnxd late charge, all of worthless check to the Manager, or Resideq Resident agrees that all future rent and cbargo or money order. to be s and s and t of_Z,? MalTl-tS' sacs rs able to mg: (1) asc by call be taking give of those sure is s rent. ly Pct Charges: S? Washer/Dryer. S Etent S EMS: $500 (Dade Co 4Y 0111y) and all late fees; worthless cheer fees and all contract s shall e for "E ocrScacy Medical Services" is authorized by a County this charge is applicable. Resident further agrees to pay anager ied pursuant to the provisions of this lease agreement, rrwnth is shall be made only by personal check, cas:iicz's ch rtified an a bank, savings and loan acsosiatian, or credit unio locida, J order and made payable to the Manager. Rent for each is due ?y the Manager at its Reatnl.Of ice located on site, unle tion is a' before the first day of the month without notice or d . If a on the 3'd of the meat-, Reside nt shall pay a late char ek fail: to clear the bade, a service cbnrge of 5. ?/2 • shall eued, which shall be additional rent. Jr: the went Resident is one flails to pay tent tiaxly (on or bcforc the 3 '4 day of onth), shall be paid to Manager by Resident in the form of cas check 4. MOVE 1N DATE. The move in to shall bei U Prorated rent shall be due on the first y of the second night- following the move in date. Irtbe sure of All routs are prorated based on a • (30) day RECEAWED MAY 12 ?-'005 PLANNING DEPARTMENT CITY OF CLEARWATER ? ORIGINAL ? month. Resident's possession of the prem.*S shall start on the move-in date. In the event Resident epics the premises prior to the tern of this Lease as ?Cftoed in paragraph 2 above, such occupancy shall in no atTect the term of this Lease, however, performance o f all obliga6otu, covenants and conditions shall be due fro ident as of the date Resident takes occupancy of the Dwelling unit. 5. UTILITIES. At the inception of The Manager is not contractually obligate However, specified utilities may be paid fi for ordinary household purposes. Fallure b., in Resident's name, shall constitute a bmac occupancy shall be considered additional usage of water, sewage, and cable televisi days notice. If the Manager elects to charge rate, flat rate, or employ any other reaso consumption are accurately reflected Upo furnish the following utility services to die I ( ] electricity [ ] ( ] cable ( ] other e tenancy, Resident shall pay for all utilities servicing the d ialling unit. to pay for any utilities provided to the rental unit dtuin c=ncy. by the Manager at the election of the Manager and sha ed only resident to properly notify utility providers, and to place services of this lease. Uti lity cimproperly assessed to the R t taking nt. The tuanager reserves the right to begin charging th dent for f i service during the term of this lease upon providing n than 15 ar a water pass through, then he lvl Mager may pro-rate, s ee, stub- ble means, to ensure that all or part of the costs of s water Manager's election below, Manager, agrees at Manage cnse to =p (x water & sewer [ x ] garbage collet a 6. SECURITY DEPOSIT. Residen agrees that a Security Deposit in the amount of $_20o been paid prior to the siding of this Lease or shall . paid upon demand unless resident providess proof of pa nt to the Manger. All deposits paid shall be rcferm to in the aggregate as "Security Deposit". Failure to provi a Security Deposit constitutes a matetiat breach of is Agreement and, as such, shall be grounds for evicti . Resident acknowledges receipt of the Security Depo t Addendum incorporated into this Lease by reference. 7. USE AND OCCUPANCY OFtREMISES. The premises shalt be used by Residrsit only s a private =idencts. The prcrni= will be occupied o4iy by: (Ilst all adults and children) t?Q AGE 3 AGE AGE AGE AGE Resident acknowledges and agree that any person occupying the rental unit for a period 30 days or - longer during the term of this least sliall b deemed an additional occupant. Resident agrees to notify agcr and request written authorization before add' g any additional occupants, which is subject to existin Occupancy Standards, Rules and Regulations, and oth I applicable provisions or this lease agreement and Florida w. 8. ACCEPTANCE AND CARE deposit Statement (hereinafter "SDDS") c to taking occupancy. The Move-In Condi Resident, and damages not appearing of occupancy of the rental unit. Manager r demand repair of damages to the rental un request for repairs, or constitute compliwv 9. RULES AND REGULA Regulations" agreement. Resident ag written rules and regulations, and fu )F THE PREMISES. Resident acknowledges receipt of xte Security ablishing that Resident has inspected the condition of the 'scs prior on/Inveutory section of the SSDS shall be completed or ra ed by the the SDDS shall be presumed to have occurred during Residents ernes the right to impose a claim on Resident's Security eposit or to occurring during Resident's occupancy. The SODS shall n(rt constitute a wilt. notice requircmcnts pursuant to Section 83.56. 4S. Resident acknowledges receipt that Resident, Resident's guests, and agrees that failure to comply shall t and review of the "Rules and occupants shall co *Ay with the eomtituta a breach fr (1.je rcase. RE:) EC WED MAY 2 2005 PLANNING DEPARTMENT CITY OF CLEARWATER • ORIGIM?L amount of any concessions that were given ?i or during the tune or Resident's tenancy. This agreemenllry Resident to reimburse the Manager for the full aW1unt of any. concessions shall include fault by resident 24provided in paragraph 17 of this Lease agreement. 1 t 35. RESIDENT'S REPRESENT N N-MILITARY: Resident represents to Manager no pa."Y this !case agreement is a member of the military or oicr Armed Forces of the United States, nor do any parties this Lease intend to enlist. 36. AUDIT AND CORRECITON rental agtccm=t is incorrect as to duration deposits, other contractual fees, address or may cause the same to be corrected on the furnished to Resident, and Resident agrees receipt thereof. F ERRDRS: In the event Manager discovers that any pro ' 'on in dis f tenancy, commencement or termination date of lease, rat of rent. it numbers and other rnaierial provisions of rental agreom t,, Manager original apartment lease agreement or addendum thereto. 'th a copy sign, or initial such correction; within rive (5) business ;rs from the 37. LAWS GOVERNING T141S C laws of the state in which the apartment cor be tried in the county where said property is IN WITNESS WHEREOF, written, and Manager has ex -? CT: This agreement shall be construed in sccord4ce with the is located. and any legal action arising from this agt?ement shall ant has executed this Lease as of the lte first the same as of the date set out below. ------------ . t f E r i i t i , d _7 a? C, Manager I - - aL-.? t Datc A. fi i y REA'SVE D MAY 12 2005 s s • CITY OF CLEARWATER PLANNING DEPARTMENT • ORIGINAL } k MAY- 12 2005 PAL ANN/N I N G? yD?E?PARTM?EpNT Manager may make reasonable changes by posting same on premises or in writing d'dd 'b4?fidd"'fe?idents which changes shall become a part of this lease. Resident further acknowledges that no pets, inclusive of visiting pets, are permitted in or about the rental unit without the prior execution and performance by the Resident of the Pet Addendum Resident agrees to abide by all provisions of the Florida Statutes, inclusive of those in Section 83.52 entitled "tenant's obligation to maintain dwelling unit". 10. LAKES CANALS, PONDS, AND WATERWAYS. Resident acknowledges and understands that any lakes, canals, ponds, or waterways that are located upon the premises exist for aesthetic or water management purposes only, and are not provided as an amenity or controlled by Manager. Resident acknowledges that swimming is prohibited in any lake, canal, pond or waterway. Resident agrees to take all necessary precautions around these areas so as to prevent any injuries to Resident or persons on the premises with Resident's consent. Resident further agrees to assume all risks hold harmless and indemnify Manager for all loss and injury to resident and persons on the premises with Resident's consent, and their property relevant to the presence and use of lakes, canals, ponds, and waterways. 11. REIMBURSEMENTS BY RESIDENT. Resident agrees to reimburse manager promptly for the amount of cost of repairs, including plumbing disorders and appliance repairs, caused by negligence or Resident's agents, invitees, family or guests. Resident shall be responsible for any damage resulting from windows or doors left open. Reimbursement for property damage, late payment charges, returned check charges or other sums due from Resident, shall not be deemed waived, and Manager may demand same at any time, including at or within fifteen days of move-out. 12. ASSUMPTION OF RISKS. Resident acknowledges that Manager has advised Resident of the need to obtain appropriate and adequate insurance, and Resident agrees to look solely to the insurer of Resident's person and property for recovery for any loss suffered by Resident during tenancy, except losses occurring directly and specifically due to Manager's negligence. Resident further acknowledges and agrees that Manager and its agents or employees shall not be liable to Resident, invitees, employees, or others on the premises with Resident's consent for any damages or losses to persons or property, caused by any person; animal or occurrence, unless the injury, loss or damage is caused directly and specifically by Manager's negligence and resident acknowledges and accepts that any claim by resident regarding the negligence of the Manager is subject to the definition and requirements as stated in the last section of this paragraph. Manager shall not be liable for personal injury or for damage or loss of Resident's personal property, inclusive of vehicles, furniture, jewelry, and clothing from theft, vandalism, or other criminal act, firewater, rain, storms, smoke, explosions, sonic booms, or other causes whatsoever unless the same is due to the negligence of the Manager. If any of Manager's employees are requested to render any hired or courtesy services such as moving automobiles, handling furniture, cleaning, signing for or delivering packages, or any other hued or courtesy services not specifically agreed upon in this Lease, such employees shall be deemed the agent of Resident, and Resident agrees to assume all risks for same. Resident agrees to indemnify, defend, and hold harmless, Manager from and against any and all claims for damages to property or persons arising from Resident's use of premises, and from other activities, inclusive of work, permitted or suffered by Resident on or about the premises. Resident acknowledges and represents that Resident understands and agrees that any claim or allegation of negligence against Manager and its assigns, employees, agents and representatives shall require proof by the claiming party that the manager and it's assigns, employees, agents and representatives shall require proof by the claiming party that the Manager had actual knowledge of a pending loss, failed and refused to act reasonably to prevent or mitigate said loss, and present an actual duty and reasonable ability to act. 13. DAMAGE, DESTRUCTION OR DISINTEGRATION OF PREMISES. In the event of damage to the premises by fire, water, or other hazard, or in the event of malfunction or disintegration of equipment, utilities or structure, including roof leakage, Resident shall immediately notify Manager. If damages are such that occupancy can be continued, Manager shall make repairs as needed with reasonable promptness and rent shall not abate during the period of such repairs. If, in Manager's opinion, the premises are so damaged as to be unfit for occupancy, and Manager elects to make such repairs, the rent provided in the Lease shall abate during the period of time when the premises are not fit for occupancy. Resident agrees that rent abatement for the period of time the rental unit cannot be occupied is the sole remedy available to Resident and that in all other respects, the terms and provisions herein shall continue in full force and effect. In the event that the premises are so damaged or destroyed as to be, in the MAY 12 2005 ORIGINAL PLANNING DEPARTMENT opinion of Manager, inSpa'lilegfb?` R)OW.ly repaired, then this lease shall terminate, and Resident shall be liable only for rental payments up to the date of such damage or destruction. 14. RIGHTS OF ENTRY. Manager shall have the right to enter upon the premises at all times and under all circumstances as provided in Florida Statutes section 83.53, inclusive of the purpose of inspecting the same and making necessary repairs and maintenance thereto. Resident shall receive reasonable notice at least 12 hours prior to entry for normal repairs, and repairs shall occur between the hours of 7:30 a.m. and 8:00 p.m. Such right of entry hereby granted to Manager shall include any and all reasonable business purposes connected with the Management and operation of the Apartment Community, and any business relating to the premises incident to the Management and operation of said Apartment Community. 15. SUBLETTING AND ASSIGNMENT. Subletting, assignment, or securing a replacement will be allowed only upon the prior written consent of Manager. Notwithstanding any permitted assignment, subletting, or replacement, Resident shall at all times remain fully responsible and liable for the payment of the rent herein specified and the performance of all Resident's other obligations under the terms and provisions of this Lease. 16. MANAGER'S OBLIGATIONS. Manager agrees to comply with Florida Statutes, including making all reasonable repairs, conditioned upon proper notification by Resident and the absence of Resident's obligation to pay for damages caused by Resident or Resident's family, guests, or invitees, or employees. Manager further agrees to comply with all applicable state and local laws. 17. DEFAULT BY RESIDENT. If any rent required by this Lease shall not be paid when due, or if the Resident in any other manner fails to perform any of the terms or conditions of this lease, including any of the provisions of the Rules and Regulations and any other applicable addendum hereto, Resident shall be deemed to have breached this Lease, and Manager shall have all rights provided under state law and this Lease, including the right to terminate the Lease, retake possession of the premises, and recover damages. The parties agree in advance that if Resident fails to perform prior to the expiration or termination of this Lease, the Resident vacates the premises either voluntarily or involuntarily, Resident shall be obligated to Manager for an amount equivalent to 3 months rent which amount shall operate as liquidated damages. In the event of any other breach of this Lease inclusive of any property damage, Manager shall be entitled to all remedies as provided by Florida Statute Chapter 83 and all other relevant provisions of State and Federal Law and as provided in this Lease. Retention of the Security Deposit or termination of this Lease by Manager shall not constitute a limitation of Manager's right to damages. 18. TERMINATION AND RENEWAL. This lease may be terminated by either Manager or Resident at the end`of the original term, or at the end of any renewal term, thereafter, upon the party desiring to terminate giving to' the other party 30 days written notice prior to the intended termination date. Subject to Manager' consent, Resident may renew this Lease by providing 30 days written notice to Manager prior to the expiration of this Lease or any renewal thereof. The lease then may be renewed for such period and under such terms and conditions as may be agreeable to Manager and Resident. If neither Manager nor Resident shall give any of the notices provided for in this paragraph within the time provided, tenancy shall automatically become month-to-month after the expiration of the term of this Lease or renewal thereof. The rental rate for said month-to-month tenancy shall be the current rental rate for similar apartments in effect at that time, plus any month-to-month fees which shall be considered as additional rent. All other provisions of this Lease not consistent with this paragraph shall remain in full force and effect during the term of the month-to-month tenancy. If resident holds over after giving notice of intent to vacate without prior approval from Manager, Resident shall be liable for double rent pursuant to Florida Statutes section 83.58. 19. LIENS OF SALES/EMINENT DOMAIN. Manager or Owner of the Apartment Community may encumber the premises and/or the Apartment Community by mortgage(s) and/or deed(s) of trust and any such mortgage(s) or deed(s) of trust so given shall be a lien on the land and buildings superior to the rights of the Resident herein. Foreclosure of any mortgage of sale under a deed of trust shall not constitute a constructive eviction of Resident and Resident agrees that this lease shall transfer to the purchaser at such foreclosure or sales as if this Lease was by and between Resident, as Resident and such purchaser, as Manager. Any sale of the Apartment Community or any part thereof shall not affect this Lease or any of the obligations of Resident hereunder, but upon such sale, Manager (and the prior Manager of the Apartment Community) shall be released from all obligations VMCEIVEL) MAY 12 2005 ORIGINAL PLANNING DEPARTMENT CI1V OF CLEARW4TER hereunder and Resident shall look solely to the then Manager of the Apartment Community for the performance of the duties of "Manager" hereunder from and after the date of such sale. In the event that the leased premises is . taken by eminent domain, then Tenant shall be entitled to no damages or any consideration by reason of such taking, except the cancellation and termination of this lease as of the date of said taking. 20. RESIDENT INFORMATION. All information provided in the rental application or similar instrument is represented to be true and correct. Resident covenants that all such information was given voluntarily and knowingly by Resident, and if such information is false or misleading, Manager shall have the right to terminate this Lease by providing 7 days written notice to Resident. Upon receiving such notice of termination, resident shall surrender the premises. In the case of bond financed properties, Resident hereby certifies the accuracy of the statements made in the Certification of Resident Eligibility and Income Verification (the "Certificate") previously executed, and further agrees that the family income, family composition and other eligibility requirements set forth in the Certificates shall be deemed substantial and material obligations and representations relied upon by Manager in approving tenancy. Resident will comply promptly with all requests for information with respect thereto from Manager, the Owner or any Mortgagee, and Resident's failure to provide accurate information in the Certificate or refusal to comply with a request for information with respect thereto shall be deemed a default by Resident, which shall entitle Manager to pursue all rights and remedies set forth in this Lease agreement or as otherwise permitted by law. Failure to furnish accurate and current information on the certificate may further subject Resident to civil liability, inclusive of eviction. Resident further agrees that this Lease sha11 be terminated or become null and void if it subsequently becomes known to Manager that continuation of Resident's occupancy will result in the interest of the bonds utilized to finance the construction or purchase of the Apartment Community becoming subject to federal income taxation, or a violation of the applicable statutes permitting the issuance of the bonds. 21. SUCCESSORS. The terms and conditions contained in this Lease shall be binding upon and inure to the benefit of Manager and Resident and their respective heirs, executors, administrators, personal representatives, successors and assigns. 22. NOTICES. Any notice or document required or permitted to be delivered to Resident shall be deemed delivered if delivery is in compliance with Florida Statute, section 83.56(4), by mailing or delivery of a true copy thereof, or by leaving a copy thereof at the rental unit. Each Resident who executes this Lease constitutes and appoints the other of them as his agent for acceptance of all notices, including summonses and subpoenas. Delivery to Manager may be affected by mailing or hand delivery to the rental office on site or to such other address as Manager designates in writing to Resident. 23. COURT COSTS/ATTORNEY FEES. In any civil action brought to enforce the provisions of the rental agreement or Florida Statutes Chapter 83 in relevant part, the party in whose favor a judgment or decree has been rendered may recover reasonable Court costs, including attorney's fees from the non-prevailing party. 24. GENERAL. No oral agreements have been entered into with respect to this Lease. This Lease shall not be modified except by an instrument in writing signed by both Resident and Manager. In the event there is more than one Resident, each Resident is jointly and severally liable for each provision of this Lease. Each Resident states that he or she is of legal age to enter into a binding Lease for lodging. All obligations hereunder are to be performed in the county (or parish) and state where the Apartment Community is located. 25.SEVERABILITY. If any word, clause or provision of this Lease is illegal, invalid, or unenforceable under present or future laws effective during the term of the Lease, then it is the intention of the parties hereto that the remainder of this Lease shall not be affected hereby, and it is also the intention of the parties to this Lease that in lieu of each word, clause or provision that is illegal, invalid or unenforceable, there shall be added as a part of this Lease a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and kept legal, valid and enforceable. 26. COUNTEPARTS. This lease is executed in multiple counterparts with one copy to be famished to Resident and the other copies to be retained by the Manager. 27. ENVIRONMENTAL DISSCLOSURES. Resident is advised as follows: I?Fo(; VED MAY zoos ORIGINAL 0 OMNING ORAPTUFN7 Radon Gas: Radon is a naturally occurring gas that may present health risks to persons who are exposed to it over a long period of time when it has accumulated in a building in sufficient quantities. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Lead-based Paint: Resident hereby acknowledges and accepts disclosure notice of the potential of lead-based paint being present inside the dwelling unit leased to resident, and on other surfaces exterior to dwelling unit. Available records or reports relevant to the presence of lead-based paint and/or lead-based paint hazards are available to the resident on request. A federally approved lead hazard information pamphlet will be made available to resident upon request. Asbestos: Manager hereby provides notice and resident acknowledges and accepts disclosure of the potential of the presence of asbestos inside the dwelling unit and structures otherwise located in the apartment community. Asbestos has been established as causing health hazards under certain conditions. Information regarding presence of asbestos is available to resident upon request. 28. SECURITY. (A) Manager does not provide and has no duty to provide any security services. Resident shall look solely to the public police for security protection. Protection against criminal action is not within Manager's ability to provide. If, from time to time, Manager provides security services, or services or equipment that appears to furnish security, inclusive of limited access to entrances, alarms or monitoring systems, and courtesy or uniformed personnel, those services or equipment are for the Manager's exclusive purposes and shall not constitute a waiver of or in any manner modify this disclaimer.. Manager shall not be liable for criminal or wrongful actions by others against Resident, Resident's family, guests or property. (B) SECUR=/INTRUSIN SYSTEM. Any security/intrusion system located on the premises will be installed by an independent party in the business of installation and maintenance of security/intrusion systems. Manager makes no guaranty or warranty, including any implied warranty or merchantability or fitness that the equipment or services supplied will avert or prevent occurrences or the consequences therefrom which the security/intrusion system is designed to detect or avert, including no representations that the system will operate properly or will prevent loss by burglary; hold-up, fire, or otherwise. Resident agrees to hold Manager harmless, defend, and indemnify Manager for any claim or cause of action arising out of the Resident's use of the system, and to look solely to independent parties responsible for manufacturing, installing or monitoring the system or to Resident's insurer. Resident agrees that Manager shall have no responsibility for repairs to the security/intrusion system and that all such repairs shall be the sole responsibility of Resident and at Resident's expense. Additionally, Resident agrees to pay any costs that may result from false alarms being emitted from the premises and will additionally pay any permit fees required to be paid by an appropriate governmental authority or property association in connection with the use of a security/intrusion system, if applicable. Resident further agrees to pay any installation fees required to activate and obtain monitoring services for said system. (C) PATROL SERVICES: Resident agrees that Manager may alter, suspend, or cancel any courtesy patrol service without notice, and that manager has no obligation or liability for the acts or omissions of any employees or agents of any patrol service which may be engaged by Manager. Resident recognizes that Manager cannot and does not guarantee or assure resident's personal safety or security of property, and that Manager's efforts are voluntary and done to protect the property of Manager. 29. TOWING. Resident agrees to hold Manager harmless, defend, and indemnify Manager for any expense or damages caused by the towing of unauthorized and/or illegally parked vehicles from the Apartment Community property. Unless spaces are specifically assigned by mutual agreement, Resident agrees and acknowledges that parking spaces are available on a first come first serve basis, and no particular spaces are available or reserved, proximate to the dwelling unit occupied by Resident or otherwise. The Resident agrees to hold the Manger harmless to defend and to indemnify Manager for any loss to persons or property resulting from Resident's utilizing the parking spaces. In the event assigned parking is provided to Resident by mutual agreement in writing, Manager authorizes Resident to exercise all legal remedies to enforce his or her exclusive use of the parking space assigned. The Resident acknowledges notice from Landlord and Resident must comply with Florida Statutes section 715.07 and all applicable State, County and city Ordinances when enforcing his or her exclusive use of the assigned parking space, whether through towing or otherwise. In consideration for the provision of an assigned space, the Resident agrees to hold harmless, defend, and indemnify Manager, his agents and assigns against any cause of action, claim ? ORIGINAL FiCRVED MAY 12 2005 PLANNING DEPARTMENT CITV OF +CLEARWATER° of loss to person or property, or demand for reimbursement for towing expense arising out of this assignment of use and enforcement thereof. Further, Resident agrees that any additional vehicles parked on the premises by Resident, or persons on the premises as guests or occupants residing with Resident, shall be parked in available spaces on a fast come and first serve basis. Any vehicle parked on sidewalks, fire zones, or other unauthorized spaces shall be towed at Resident's expense. 30. WAIVER OF JURY TRIAL. The parties waive trial by jury on any action arising in any way from his tenancy and agree that a non jury trial is the selected form for adjudication of all actions rising from the tenancy, inclusive but not limited to causes of action arising from contract and tort claims. 31. MOVE OUT PROCEDURES. Prior to vacating the dwelling unit, Resident agrees to leave the dwelling unit in the same condition as when leased except for ordinary wear and tear. After Resident vacates the dwelling unit, Manager's representative will inspect the rental unit and complete the SSDS, (Security Deposit Disposition Statement). Manager shall not be responsible for personal property which may be left at the community after Resident has left the rental unit nor shall Manager be liable to Resident for any loss of or damage to such property. If Resident fails to move out on or before the date required hereunder, Resident shall be liable for double the amount of rent for the period during which Resident refuses to surrender possession of the dwelling unit, or has otherwise failed to deliver possession. Resident is in possession of the dwelling unit and the dwelling unit is considered occupied by Resident until the date that Resident delivers full possession to the Manager, including all keys, gate cards, and other items providing access to the dwelling unit. The notice provisions of this Lease will be strictly enforced. If resident moves from the dwelling unit prior to the expiration date of this Lease or fails to provide any notices required by this Lease agreement, Resident shall be in default of this lease. Return of Security Deposit will be governed by the attached Security Deposit Agreement and Florida Statutes section 83.49. 32. MILDEW AND MOLD. Resident acknowledges that the dwelling unit is located in Florida, which has a climate conducive to the growth of mold and mildew, and that it is necessary to provide proper room temperature, lighting, ventilation, air conditioning and'dehumidification of the rental unit to retard or prevent the growth of mold and mildew. Resident agrees to be responsible for taking all proper action to retard and prevent mold and mildew and to protect his person and property from loss or damage as a result thereof, and fin-ther agrees that resident shall be responsible for damage to the dwelling unit resulting from Resident's failure to provide proper climate control. Further, Manager shall not in any event be responsible for damage, loss or injury to persons or property caused by mold or mildew. 33. WARRANTIES. Resident understands and acknowledges that Manager does not warrant the dwelling unit in any manner whatsoever, other than as required by Florida law. Resident agrees that the dwelling unit shall be used solely as a private residential dwelling and for no other purpose whatsoever. Resident hereby waives any and all rights, which would have otherwise existed in favor of Resident as a result of any implied or expressed warranties. 34. SPECIAL PROVISIONS. The following special provisions, concessions and addendum shall have control over any conflicting provisions of this printed Lease form: and Additional Rent Addendum Lead Based Paint Notification Addendum Move-In Condition and Resident agrees that if a concession was given at the time of move-in as noted above and the Resident does not fulfill the terms of the Lease as provided herein, he/she will be required to reimburse the Manager for the full k<? 0 ORIGINAL Apartment Lease Agreement 663 Bay Esplanade, Clearwater Beach, Florida Unit: M • RECOVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEgRWqTER Lessoc: Michael R. Seltzer Lessor(s): Mark R. 'Molepske, John F. Walsh, & Keith Henderson Date of Lease: September 6, 2002 Lease Start. September 15`h, 2002 Luse Termination. Month-to-Month Lease with 60-days written notice of termination by lessor or lessee. Rent: 51,275 due on Octobar 1", 2002 (for September 15"', 2002 through October 310, 2002); $850/ month thereafter payable on i" of each month Agreement: This contact is, the entire agreement, and supersedes all other agreements Michael R. Seltzer may have for Unit #4 Last Months Rent: Lessor has received 5850 "bast Months Rent" from Lessee; Lessee Expenses: Electricity (including deposit), telephone, and cable. Note, lessor shall reimburse Iessae for first month electrical bill including activation fat. Lessor Expenses: Gas, wu= for inside dwelling unit, and sewer AGREED AND ACCEPTED: Michael R. Seltze Dated: f' L?Z Mark R. Molepske Dated: q/f /?' ? ORIGINAL 0 RECOVED MAY 12 2005 NOTICE OF CHANGE OF TERMS OF TENANCY To: ?A\ `fie St l 1-2_. PLANNING DEPARTMENT CITY OF CLEARWATER and to all others in posaesaion of the premises commonly known as 1 Apt. 3 ??? ?s 'LA A? C,(p uro No.l __A , Savet Ad ew City ok () A -sage You are hereby notified, in accordance with Civil Code Section 827, that 30 days after service upon you of this notice, or d 1 u, 6L., J 1 ( + Z 0 whichever is later, your tenancy of the above Date designated premises will'bo changed as follows: 3t-- 1. The monthly rent which is payable in advance on or before the day of each month 7?o 00 will be the sum of $ -? 0 0' 0 0, instead of $ 5 - the current monthly rent. 2. OTHER CHANGES: M 6h '? 0 M p? ?C? LAP s P kj'? ru ra.'?--Vz \?JA-C?A ?m,12, r9ATL-i AY? Y3 t-n r,\ ?-1 ?4 N0 S CASIhJC *t o riot o AAA Except as herein provided, all other terms of your tenancy shall remain in full force and effect. acs..; 3 r, Z. ° b 3 DATE: OWNER/AGENT (-,C1( -7tyr)tio -36s`f omi No. 6 Apt. Assn. of Orange County :ev. 1180 (Copyright) ORIZINAL `U? ?r S? •1 +Ci?? O BOUNDARY S V yr: Y MANDAL. A )' CHANNEL 80` (P) /\j c-? /' J F-cc o N88 -49'WW. 79.40' CIK)_ J FCC ofD a4 FJ07 1-5' CUKC SCAVALL 2E-7' `° - 0.3'? 2.7 x 1 3.G` LOT s let LOT 4 1• BLOCK 77. " m BLOCK 77 LOT 6 BLOCK 77 C _ L9 6 7' I£TAL SHED NO SLAB g NC K K LL f2 iv 2` 3! r-z 3.9' Q SINGLE STORY m CU 4 ? tU RI p - SCALE 1' = 20' _ ppVERED `'- 7 _ 3 -8, 6` VOOD FENCE AREA 4' CLF i STREET ADDRESS 663 BA 14 F.SPLANDC AVE 3 4 L_LEARVATER BFACK FLORIDA EAST 66.06' CM) - ?? RIGHr QF t,rAY1 $ASIS DF jj:ARPVG-\ 66.03' (P) .45ehAt-T T FN & FIR 1/2` Po DISC LB 5406 ao s? / L' PC 2' CnNC GUT TER EDGE F PAVCNCJV-f1 CENTERLINE,, _ B.?Y ESPLANADE AVENUE 60' ROW Nh LEGAL DESCRIPTION : L©T s 11LDCK 77, J11MIDALAY SUPDrVjSM t MAY 12 20 UNlT = REPt-AT; ACCORDING TO T)LC PLAT THER00 AS RECORDER IN PLAT BOOK 2Q PAW 27, OF- ThfC PUFLIC RECORDS 1JF P1ntELLAS 0tANNING DEP EIYb CLNJ!srTY, ELrJR1Di . -ITv QF CLEA - CERTMED TO FLOOD ZONE AE' EL£v Iv' DAVID C- VILCOX• AND COMMUNITY PnN£L1251146-0 07D SCOTT pGILYI " DATED : ca-19-91 PIONEER TiiLE INC., ... ..- .. .... .. ..`... ...ti.r .e.r ++nr wrwrr. r: ....- nr?*a,r[?c.+ TfTI r ,n,?-r R+AAt!'>• 1`nr.rD.tA,Y ° ? -H 1 nRR-i i F-9i t XO:IT IR? OTAprr -web n., via* 1.1-ioc • crn 7. mn C'fi '_idH 8032-T9t- LZL: 'ON XH-J S3f3Rl4 DHI : Word c=-y .nP.IGEN1AI_ Prepared By: LAURIE BRIEF 02-2 14888 JUN- 7-2002 10 : 35AM RECORD & RETURN TO: P I NELLAS CO SK 12044 PG 707 SOMERS TITLE COMPANY 1111111111111111111 HE HIII Hill 11111111111111 IN 1290 COURT STREET CLEARWATER, FL 33756 (727) 441-1088 incidental to the issuance of a title insurance policy. File Number: 02050018c Parcel ID #: 05-29-15-54756-077-0050 //tee(s) SS #f: WA?R7RA?]N?T?Y(7DTEED 1 f?t, (I D1 V EDAL) 40 ?;? i,LE?i'? f F. DE i1L;'Ifity ;c L•:.LI:h, %'I:sELLAC O=feiP)', ELOF;LDA 7C216503 00`17-2002) 10: _t t:07 R%t_ 51 DED-W1LOOZ/OIJILVIE/PETERS/MD L ? (1317?J [11t! - Vt4n?n15 {! I ..211489 8 NK-2,0! SPG:070 E 'G:C' . F:EOK% 003 PAGES 1 X15, (' r DOC 91 AMP - DR219 4J ; NO ill A ? Yt: (?(j[ ?{ 1..1 +?!,.) 5.=11.171; CHEC . RD $355L1 .00 CHARW i - u BY ---- DEPUTY CLERK This WARRAN'T'Y DEED, dated MAY 29th., 2002 by David C. Wilcox, married, Scott Ogilvie, unmarried, and Thomas J. Peters, married, whose post office address is: hereinafter called the GRANTOR, to Mark R. Molepske and John F. Walsh and Keith A. Henderson whose post office address is: 4815 RIVER HEIGHTS DRIVE, MANITOWOC, WI 54220 hereinafter called the GRANTEE: (Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WTTNESSETH: That the GRANTOR, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz: LOT 5, BLOCK 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the map or plat thereof as recorded in Plat Book 20, Page 27, as replatted in Plat Book 20, Page 48, Public Records of Pinellas County, Florida. Subject property is not the homestead of David C. Wilcox. He in fact resides at: 28 Sanibel Drive, Fairport, NY 14450 Subject property is not the homestead of Scott Ogilivie. He in fact resides at: 18 Glendale Street, Clearwater, FL 33767 Subject property is not the homestead of Thomas J. Peters . He in fact resides at: 946 Woodland Drive, Palm harbor, FL 34683 E -, J li RECHVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER RIGINAL _ 6?3 SKETCH or,, EoUlY1).,l.R2r Sup v f,),- MANDALA a' CRANNEC 80 1 (p) ,?\,j / ? Fcc,o v N 88 -4 9'04 -W. 7-9-40- (A ) Fcc :"10 '• 1J? zoWa r_S' CC)NC SE'A VAC L D.3' .l 2 .7 r ?- 1. LOT LDT 4 1 BLOCK 72, ° w BLDCK 77 .7 6 ?RETAL SlE.0 NO SLAB cQNc , tea WAC..K 82 n n' II F3' ?? 3.91 n- 03 ? i 91NUL E STORY RESI DFNCE ? a cu -, o °- SCALE 1r = 2D' 3 9.1P ?- cR VERED ?_ 2 7' 6- WOOD FENCE AR. EA 4" eLF RECEIVED NDE A ?£ 3 .4 ?- S \? MAY 12 2005 ACh FLORLUA •9 013, -??? f.r. PtANNING DEPARTMENT I IT" of CLEARWATER EAST ' FIR 1i2' LB 5408 e PC hQ.08 CM) BASIS OFF' L' RING ,? RIGHt or VA Y-\ 6 6.06' (P,) fi..5 e hA ur Fnr 8 DISC ND s? _ _ 2' CONC GUT TER V" ORIGINAL WATT A -6 .g ' o I ? f ?C arc cam' ?.? J a?r -t.tlK SA 3?. 7 N I 30.3' ? ? A RECEIVED MAY 12 2005 PLANNING DEPARTMENT CRY OF CLEARWAiER (663 RAY EzPt,4uAoc) N 1 N • File #02050018c AMERICAN LAND TITLE ASSOCIATION POLICY NO. OWNER'S POLICY IO-17-92 (Florida Modified) MAY 12 2005 OWNER'S POLICY OF TITLE INSURANCE oP _ 9.17 o s - io 3 LANNING DEPARTMENT ISSUED BY cmr °' ""'A" "ERICAN PIONEER TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; ' 4. Lack of a right of access to and from the Iand. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: Somers Title Company 1290 Court Street Clearwater, FL--33756 (727) 441-1088 Fax (727) 449-1359 AMERICAN PIONEER TITLE INSURANCE COMPANY `w T-4 +j6 ?.:0 R rt n^ B i SEAL o President `z Attest: I-A? /It?/ Secretary OP-9 I OWNER'S POLICY I scheduleA ORIGINAL State: FL County: Pinellas File Number Policy Number Effective'Date Effective Time Amount of Policy 02050018c OP-9-1708-103 June 7, 2002 10:35 AM $500,000.00 Commitment #: Simultaneous #: LP-12-1708-133 Reinsurance 1. Name of Insured: Mark R. Molepske and John F. Walsh and Keith A. Henderson 2. The estate or interest in the land described or referred to in this Schedule A and which is encumbered by the insured mortgage is: Fee Simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land referred to herein is described as follows: LOT 5, BLOCK 77, MANDALAY SUBDIVISION UNIT NO. 5, REPLAT, according to the map or plat thereof as recorded in Plat Book 20, Page 27, as replatted in Plat Book 20, Page 48, Public Records of Pinellas County, Florida. RECEIVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Issued By: 1875* 02050018c SOMERS TITLE COMPANY 1290 COURT STREET Countersigned Au horized Signatory CLEARWATER, FL 33756 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. c • I OWNER'S POLICY 'LANNING DEPA?R/TAMEENT Schedule B This p J'Py9oegWAR1s?Y??against foss or damage by reason of the following exceptions: ORIGINAL 1. Rights or claims of parties in possession not shown by the Public Records. 2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the insured. 6. Any adverse ownership clain by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 7. Taxes and assessments for the year 2002, and thereafter and/or special assessments, if any, not recorded in the public records. 'The following items, as listed above, are hereby deleted: 1 and 4 ** 8. • The rights of the general public to use the waters of Clearwater Harbor for bathing, boating, fishing, and other purposes. 9. Subject to Easements, Restrictions and Setback lines as shown on Plat, recorded in Plat Book 20, Page27,replatted in Plat Book 20, Page 48, Public Records of Pinellas County, Florida, but omitting any based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 10. "Any and all rights of the United States of America in and to navigable waters or filled -in land formerly within navigable waters and any conditions contained in any permits authorizing the filling in of such land. 11. Sub ject to Restrictions shown in Deed Book 473, Page 22 and Deed Book 1158, Page 214, Public Records of Pinellas County, Florida, but omitting any based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 12. Filled land is neither guaranteed nor insured. Policy #: OP-9-1708-103 2 File #: 02050018c Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. • 0 OR I OWNER'S POLICY I 13. Filled land and riparian rights, rights of reliction, accretion, submerged land or any other water rights of any nature, whatsoever, are neither guaranteed nor insured herein. 14. Any adverse claim by the state of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 15. AS TO ALL LANDS, there is reserved unto the State of Florida, the title to an undivided one-half of all petroleum and petroleum products, and title to an undivided three-courths of all other minerals which may be found on or under the said land, together with the privilege outside and municipality, this date, to explore for or to mine and develop same. Said privilege to explore, mine and develop is to be conducted on and under lands inside andy municipality, this date, only with the consent of the surface owner. HOWEVER, AS TO SUCH MINERAL RESERVATION, THE RIGHT OF ENTRY HAS BEEN RELEASED PURSUANT TO SEC. 270.11, F.S., as to common areas. 16. Subject to any lien for municipal improvements or services to captioned land which has not been filed for record in the office of the Clerk of the Circuit Court of Pinellas County, Florida, and any and all outstanding assessments projected or to be projected, if any. 17. Subject to gas and/or electric, water, sewer, or garbage removal service charges, if any, due and payable to a municipal authority. 18. Subject to zoning and/or other governmental prohibition or regulations affecting the use of the property. 19. Title to any furniture, furnishings, fixtures, or chattels or personal property located in, to or upon the land described in Schedule 'A" hereof. 20. Subject to unrecorded leases and/or options to purchase affecting subject premises. . 21. If subject property has been a rental unit or non-owner occupied property, it may be subject to Tangible Taxes, which are not covered by this policy. 22. Mortgage executed by Mark R. Molepske and John R. Wlash and Keith A. Henderson, in favor of Associated Bank, N.A-, United States dated May 30, 2002, filed June 7, 2002, in O.R Book 12044, Page 711, of the Public Records of Pinellas County, Florida, in the original principal amount of $400,000.00, plus interest. RECEIVED MAY 12 2005 Policy #: OP-9-1708-103 PLANNING DEPARTMENT CITYOF CLEARWATER File #: 020500180 Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. 0 n ORIGINAL DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS TAMPA REGULATORY FIELD.OFFICE P.O. BOX 19247 TAMPA, FLORIDA 33686-9247 REPLY TO ATTENTION OF ' Regulatory Division South Permits Branch West Permits Section Tampa Field Office 200302284 (LP-PEB) RECEIVEU MAY 12 2005 Mark Molpeske c/o Woods Construction ATTN: Bill Woods 322 Ridge Road Palm Harbor, FL 34683 Dear Mr. Woods: PLANNING DEPARTMENT OITV OF GLEARWATEP This is in reference to your request for a permit to perform work in or affecting navigable waters of the United States. Upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), you are authorized to constructa multi-slip docking facility with two finger piers for 4 boats and two lifts for other water craft, at 663 Bay Esplanade, Clearwater in Section 5, Township 29 South, Range 15 East, Pinellas County, Florida. Geographic Position: Latitude..... 27°59'14.84" North Longitude.... 82°49'28.75" West The project is to be completed in accordance with the enclosed drawings and conditions that are incorporated in, and made a part of, the permit. Enclosed is a Notice of Authorization, which should be displayed at the construction site. The Enforcement Branch of the U.S. Army Corps of Engineers Regulatory Division must be notified of: a. The date of commencement of work, b. The dates of work suspensions and resumptions if work is suspended over a week, and c. The date of final completion. July 24, 2003 This information should be mailed to the attention of the Enforcement Branch, at P.O. Box 4970 Jacksonville, Florida 0 9 ORIGINAL Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) 32232-0019. The Enforcement Branch is also responsible for inspections to determine that permit conditions are strictly adhered to. A copy of the permit and drawings must be available for review if an inspection is performed at the project site. NOTIFICATION OF APPLICANT OPTIONS (NAO) You are hereby advised that you have certain options available to you in your evaluation of this Letter of Permission (LOP). These are outlined in the enclosed "Notification of Administrative Appeal Options and Process and Request for Appeal" form. It is very important that you read and understand the options provided. Acceptance of this authorization and commencement of the authorized activity indicates that you accept the permit in its entirety, and waive all rights to appeal the permit, or its terms and conditions. If you choose to appeal the permit you must follow the instructions provided for the appeal process as noted in Part B of the enclosed form. The completed form must be mailed to.the following address: Commander, South Atlantic Division U.S. Army Corps of Engineers ATTN: Appeals Review Officer CESAD-CM-CO-R, Room 9M15 60 Forsyth St., SW. Atlanta, Georgia 30303-8801 If the work authorized is not completed on or before July 24, 2008, authorization, if not previously revoked or specifically extended, shall cease and be null and void. BY AUTHORITY OF THE RE?? MAY 12 Encl osuPMNING DEPARTMENT CITY OF CLEARWATER CARPENTER U.S. Army Engineer 2 • 0 ORIGINAL Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) Copy Furnished: (w/o encls) Bay Esplanade/Mark Molepske 4815 River Heights Drive Manitowoc, WI 5422 R ECE I V E D MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 3 ORIGINAL Pe=lttee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Enclosures to Department of the Army Permit 200302284(LP-PEB) 1. NOTICE OF AUTHORIZATION 2. LOCATION MAP and PROJECT PLAN, consisting of 4 pages 3/ GENERAL CONDITIONS 4. SPECIAL CONDITIONS 5. SELF-CERTIFICATION STATEMENT OF COMPLIANCE FORM 6. APPEAL REuSVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 1 111a >11V GiL:G > lJl : d4L1:11V1.1G[l1:1V11 llll.l?lr =dis(playe- at the- site? 'ofwork. United States Army Corps of Engineers Expires on July 24, 2008 Tampa Regulatory Field Office 813-840-2908 A permit to construct a multi-family docking facility for six water craft* Located at 663 Bay Esplanade, in Clearwater Harbor, in Section 5, Township 29 South, Range 15 East, Clearwater, Pinellas Coun , Florida, has been issued to MARK MOLEPSKE on July 24,_2003 Address of Permittee: Permit Number *Special Conditions: T&E conditions (Manatee) ROBERT M. CARPENTER District Commander Colonel, U.S. Army r? b m 0 0 CD • • ORIGINAL ragez0IL 20mi CRY L _ 20 m 2F_ Ki-ss.imriiee" _ /rhitis 33 Cam .bell Pailk C ty 48 Pomcianao . HOnes :Gty J n?;Lakeland •?` ?--- ;:- r averly :rCSf'- _?J Attu?d5 ^ h .Fort I?te'ade_.__ . _ 27 , ibso intf Gt ?? paw 7 N Brandon _urg IP i i un City to ----I--! wimaumai - yi ?QU setirinc Start: Tampa, FL 33621 US e?. ?{ D?900ft -; i .L ; "i PG ?',i°• -?_.Flor a=Ke'y.'rs Ave-`.,??,o - `-'-tp . a AdmmtstiatJOn Ave,, ? ???. 1 07 r. Palm Dr;' tA?H?Itsborough ebb D angal LoopD? r 4'f; - d .r - 2003 Ma uesto_I' c Ca20 ?} .. ?Q n .. 03 _Navg--i>D _.,_ ._..- • -- echnob End: 663 Bay Esplanade Clearwater, FL 33767-1557 US I L T s MgP45tET Sanyo S n? 300ni 3 ? "? . ?y r ? I : Y Hti.k i ,ter. 900rfti;: :?; cam.. ?V°? ? I '.f. -.. .t•><' _? ?"' -4, Aia i n, r 1 n??ti{ 3,a,:: ?'3 •._ l.; r ; • r i-`ire 3 ?' 1' s90i ^' six ?5 CIE.ar'r9a'er.,V! ? c -•3 _? tar cS - h I find- °•f; y:>c t:_::- ,ate<' t.Y _ "'?: altrrls 4k. _ - `}3ocka a - - w zSt?' 2003 TMapQuestcom, Inc.; 02003 Navigation echnoiDias 5f?. Notes: ........................... .. 1: C E-QU%Y1 ._................... .................................................................................................................... All rights reserved. Use Subject to License/Corwright T 1-2-2905,- ........ ............... These directions are informational only. No representation is made or warranty given as to their ............................................................... ........................... "°•°••••°°°-.••-•••• content, road conditions or route usability or PLANNING DEPARTMENT expeditiousness. User assumes all risk of use. ..........................................'•---.............--- - ........ ?/ •----•• • _ ................... Map Quest and its suppliers assume no responsibility CITr CF CL1C1'1- ER for any loss or delay resulting from such use. ............................ ..... ................................................................................... Privacy Policy & Legal Notices © 2003 MapQuest.com, Inc. All rights reserved. USACE PERMIT NO_ 'Z? 3 zz 84 CL 10-P a- ) Lp://www.mapquest.com/directions/main.adp?do=pi-t& 1 gy5QexXOd8bk%3d& 1 v=US&2a=663 %... 5/R/2(1(11 RECEVED 0 ORIGINAL MAY 12 2005663 Bay Esplanade, Clearwater Beach, FL PLANNING DEPARTMENT • MU1t1-U5e Dock 78.8' 52.1' SINGLE PWC LIFT 0 ORIGINAL Application # (OFFICAL USE ONLY) Scale: I'1 = 2p1 93 , k '? x 10 5' 1?5.0, ,,. T 5.0' 5. 2.0' yx I , 6.0' I 2.7' 0 9 3 d y? 31. x , f I t8 ? ={8 J 16.5' 16.0 6.0' 16.5'--l xA ? x xd x MOORING AREAS 31.8' X 16.5' TO ?1-8' X 16.0' VESSELS TO USE MOORINGS: BEAMS UP TO 15', LENGTHS UP TO 131.1' X61 ? ? x "0 , 55 x x ?? p x USACE PERMIT NO. , x - - -- ---? _ _ _ . Woods Con5ultin6j, Inc. 322 Rldge Road Palm Harbor, Flonda 34683 Tel.: (727) 78G-5747 Fax: (727) 78G-7479 - Bay Esplanade Proposed Dock Layout 'ELEI%4170NS REFERENCE NOkD-1929 TOTAL SQUARE FEET 49-,n WATERWAY WIDTH ti 98,0' WATERFRONT WIDTH 7-- 8' MHW -f- I,3* MLW ---_ 0 6' SHORELINE MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATEp F-ngjneer s _Seal ` ,.?7 1! 1 1 l r I_zv `,? ??, ?+nnler. Fl937(q id. R2:1 5°0.4341 ?'.? ? /i Fo.1727; 330.390 IFIC????., ?. ? i3a.:'i55$.5 ?' ? KATIE OF °r. • M ultl-Use Dock ? ORIGINAL Application # (OFFICAL USE ONLY) scale: 1 " = 10' MHW LINE +1.3' TOP OF DECK ELEV. = 3.98' 4.1' 2.'6' 4. 5.1' 6;6' EXISTING SEAWALL Woods Consulting, Inc. 322 ILdge Road Palm Harbor, nonda 34683 Tel.: (727) 78G-5747 Fax: (727) 78G-7479 MLW LINE -0.6'--J EXISTING BOTTOM USAGE PERMIT NO. 2?°3o2z?y t???? ® PROPOSED MOORING AREA Bay Esplanade TOTAL SQUARE FEET = 4.93.0 Proposed Dock Profile WATERWAY WIDTH : 198.0' 8' "ELEYA770NS REFERENCE N6/iD-1929 WATERFRONT WIDTH 78 MHW + Imo' MLW -O 6 SHEET SHORELINE MAY 12 2005 PLANNING DEPARTMENT CITY QE CLEARWATER ? Engineer's Seal ? ? ? 1 ? (/ ? i Sao a..? •e a. Qea. _.te. n 337" r7Z-j e0-434' \ I far f/2?) 530.375o 0 STATE OF O ? RECEVED ? ORIGINAL MAY 12 Loos PLANNING DEPARTMENT CRY OF CLEARWATER Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) GENERAL, CONDITIONS: NOTE: The term "you" and its derivatives, as used in this permit means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. 1. The time limit for completing the work authorized ends on the date noted in the permit letter. If you find that you need more time to, complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party compliance- with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith' transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized` by this permit, you will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. S. If a conditioned water certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. RECHVED MAY 12 2005 ORIGINAL PLANNING DEPARTMENT CIIYOF CLEARWATER Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) 6. You must allow representatives from this office to inspect the authorized activity at,any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 7. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. C. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 8. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the Following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 0 RECHVED 0 MAY 12 2005 ORIGINAL PLANNING DEPARTMENT CITY OF CLEARWATER Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) 9. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 10. Reevaluation of its decision on this warrant. Circumstan include, but are not a. You fail to permit. Permit Decision: This office may reevaluate permit at any time the circumstances yes that could require a reevaluation limited to, the following: comply with the terms and conditions of this b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement producers such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 11. Extensions: General Condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 7?1 • ORIGINAL Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) 12. Transfer of Permit: When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE - SIGNATURE) (DATE) NAME (PRINTED/TYPED) MAILING ADDRESS - CITY, STATE, ZIP CODE PHONE NUMBER (PRINTED/TYPED) RECEIVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER • RECEIVED46 ORIGINAL MAY 121005 PLANNING DEPARTMENT CITY OF CLEARWATER Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) SPECIAL CONDITIONS 1. Within 60 days of completion of the work authorized and any mitigation requirements, the attached "Self-Certification Statement of Compliance" must be completed and submitted to the U.S. Army Corps of Engineers. Mail the completed form to the Regulatory Division, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida, 32232-0019. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structures or work herein authorized, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 3. The permittee agrees to abide by the following standard construction conditions designed to protect the endangered West Indian manatee: a. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatee(s). b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the ,Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. C. Siltation barriers shall be made of material in which manatees cannot become entangled, are properly secured and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exit from essential habitat. ? RECEVED ' MAY 12 2005 ORIGINAL PLANNING DEPARTMENT CITY OF CLEARWATFR Permittee: BAY ESPLANADE/MOLEPSKE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) d. All vessels associated with shall operate at "no wake/idle" the construction area and while the vessel provides less than a bottom. All vessels will folio, whenever possible. the construction project speeds at all times while in in water where the draft of four-foot clearance from the a routes of deep water e. If manatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than-50 feet to a manatee shall necessitate immediate shutdown of that equipment. Activities will not resume until the manatee(s) has departed the project area of its own volition. f. Any collision with and/or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida. g. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 feet by 4 feet which reads "Caution: Manatee Area" will be posted in a location prominently visible to water related construction crews. A second sign should be posted if vessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 8 1/2 inches by 11 inches which reads: ..Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the, operation. A collision with and/or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission Hotline at 1-888-404-FWCC. The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (1-904-232-2580) for north Florida or in Vero Beach (1-561-562-3909) for south Florida. (See attached example) • RMAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Permittee: BAY ESPLANADE/MOLEPSKE, MARK Permit Number: 200302284 (LP-PEB) • ORIGINAL July 24, 2003 CAUTION MANATEE HABITAT IDLE SPEED is required if operating a vessel in the construction area. All Equipment must be SHUT DOWN if a manatee comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC at: 1-888-404-FWCC (1-888-404-3922) • RECEVED • ORIGINAL MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER Permittee: BAY ESPLANADE/MOLEPSEE, MARK July 24, 2003 Permit Number: 200302284 (LP-PEB) SELF-CERTIFICATION STATEMENT OF COMPLIANCE Permit Number: 200302284 (LP-PEB) Permittee's Name & Address: (please print or type) Telephone Number: Location of the Work: Date Work Started: Date Work Completed: Description of the Work (e.g. bank stabilization, residential or commercial filling, docks, dredging, etc.): Acreage or Square Feet of Impacts to Waters of the United States: Describe Mitigation completed (if applicable): Describe any Deviations from Permit (attach drawing(s) depicting the deviations): I certify that all work, and mitigation (if applicable) was done in accordance with the limitations and conditions as described in the permit. Any deviations as described above are depicted on the attached drawing(s). Signature of Permittee Date RW,HVED MAY 12 2005 DI AKIRIILI^ OR?INA L WIN= 0 Applicant: Mark Mol eske File Number: 200302284 P-PEB Date: 24 JUL 2003 Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A X PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E 1?CTI?O?? I - The iSllov«n_> idcmifiesyourrtghtsandopttorrsxegar to n dmrnrslra i?r a? c I h? abate ci Li.,ion"' Addmu ?il s hltp /usace army mtl?in-dtlfimcf Q s?ew(i??i? o "rem nr ?" ?K? ' inforn;atipn ri3; befau*td 'at Y z s 9 . " r p. o a 7 latigw at ?3 1J I' Pact r , 2 . i ; y -r A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT.- If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT- If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. Ifyou received a Letter of Permission (LOP), you may accept the LOP andyour work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT.- You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section H of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for finther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 0 ORIGINAL 0 SECTION U -1EQUOST FOR. APPS AZ ar..0I3 TECH lONS TO, A INITLAL PRO FERRB 1'E1Z3vIIZ` REASONS FOR. APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, of information that is already in the administrative record- you may provide additional information to clarify the location ?r OII?'F' If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Mr. Ron Silver (telephone 904-232-2502) Mr. Richard White (telephone 813-840-2908) RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of an site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number. Signature of appellant or agent. . I 1 0 Pinellas County Property Appraiser Information: 05 29 15 54756 077 00440 05 f 29 115 ? 54750 ? 077 / ORIGINAL 0040 12-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:53:08 Ownership Information Residential Property Address, Use, and Sales BEACH *.:GU U SANDS INC OBK: 09982 OPG: 2571 657_BAY ESPLANADE RECEVED CLEARWATER FL 33767-1515 . MAY 12 2005 EVACUATION ZONE: A PLANNING DEPARTMENT CITY OF CLEARWATER Comparable sales value a s Prop Addr: 657 BAY ESPLANADE of Jan 1, 2004, based on Census Tract: 260.02 f 2002 - 2004 l : sa es rom 0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 2 /1,998 91982/2,571 302,500 (Q) I 1929: Book 020 Pgs 048- 12/1,995 9,207/1,312 278,000 (Q) I 0000: Book Pgs - 4 /1,988 6,7i911,626 150,000 (U) I 0000: Book Pgs - 4 /1,986 6,209/ 252 250,000 (C) I 2004 Value EXEMPTIONS Just/Market: 415,000 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 415,000 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 415,000 Agricultural: 0 2004 Tax Information District: Cu Seawall: Frontage: Bay Clearwat er View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 9,532.30 1) 65 x 110 11, 000. 00 65. 00 F 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, 2004 taxes will be 5) 0 x 0 .00 .00 9,532.30 6) 0 x 0 . 00 . 00 Without any exemptions, 2004 taxes will-be 9,532.30 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 4 AS DESC. IN Description PL 20 PG 27 L Building Information http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property Appraiser Information: 05 29 15 54756 077 0040 Page 3 of 5 ORIGINAL Property and Land Use Code descriptions 05 / 29 1 15 / 54750 ? 077 ? 0040 :01 12-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:53:11 Residential Card 01 of i Prop Use: 222 Land Use: 08 Living Units: 7 Imp Type: Mult Res Apt C4 St Prop Address: 657 BAY ESPLANADE S truc tural E1emf_-r is Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Roof Frame Flat-Shed Roof Cover B U Tar&Gravel/Othr # Stories 2.0 Floor Finish CrptlUnyl/8ftWd/Terr Interior Finish Drywall/Plaster Quality Average Year Built 1,951 Effective Age 30 Heating Central Duct Cooling Cooling (Central) Fixtures 24 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Sut3 Aromas Description Factor Area Description Factor Area 1) Base Area 1.00 3,559 7) . 00 0 2) Open Porch .30 505 8) .00 0 3) Utility .40 147 9) .00 0 4) .00 0 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 RE3si6E3r1-tia1 Extra Fs.-turEs Description Dimensions Price Units Value RCD Year 1) ASPHALT 1200SF 1.50 1,200 11800 11800 999 2) PATIOIDECK 144 3.00 144 430 170 1,965 3) GAZEBO 100SF 12.00 100 1,200 780 1,992 4) .00 0 0 0 0 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 2,750 Map i?00?? RECEVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER http://pao.co.pinellas.fl.uslhtbinlegi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Page 4 of 5 I ?} ?9 _`f)j 7 84 5 4 2 ROYAL 110 2 ??a 1 9` L 6 B 034 336 1/8 Mile Aerial Photograph (2002) ,56 ORIGINAL L27942 l E?VE FT-% ftq?, LO; MAY 12 2005 PLANNING DEPARTMENT CRY OF CIEARWATER http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property Appraiser Information: 05 29 15 54756 077 0040 r ]AL ED Back to Search Page An.explanation__of this_screen PLANNING DEPARTMENT CITY OF CLEARWATER http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=*1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property Appraiser Information: 05 29 15 54756 077 0040 Appraisal information Building information Map, 0.18 mile radius Same, area. ,.Land .:Use. Property Use._codes,._etc., Same area, Sales Info 1/8 mile aerial photo (2002) View Comparable Residential Sales Page 1 of 5 ORIGINAL Mass Appraisal is the systematic appraisal of groups of properties as of a given date using standardized procedures and statistical testing. Its purpose is to provide an equitable and efficient appraisal of all property in a jurisdiction for ad-valorem tax purposes. We recognize that there is a reasonable range of values within which a property can sell. Our Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or remodeling efforts completed by a seller in order to prepare a property for sale, especially those on the interior of a building, are often not reflected in our Comparable Sales Value. Finally, our values are historical and are developed using arms length sales from the three years prior to January 1. For this reason, our values are generally lower than what a seller will ask for a property in today's appreciating market. Appraisal Information RE`UVED2", MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER http://pao.co.pinellas.fl.us/htbin/cgi-scr3?o=1 &a=1 &b=1 &c=1 &r=.18&s=1 &t3=1 &u=0&p... 5/12/2005 Pinellas County Property Applfr Information: 05 29 15 54756 077 0* age 2 of 5 OR[GINAL 05 / 29 / 15 / 54750 / 077 / 0050 i2-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:44:15 Ownership Information Residential Property Address, Use, and Sales NORTH,CLEARWATER BEACH DEVELOPMENT OBK: 13483 OPG: 0656 PO BOX 4189 CLEARWATER ER FL 33758-4189 RECEVED MAY 12 2005 EVACUATION ZONE: A PLANNING DEPARTMENT CITY OF CLEARWATER Comparable sales value as Prop Addr: 663 BAY ESPLANADE of Jan 1, 2004, based on Census Tract: 260.02 2002 : 2004 f l : es rom sa 537,600 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Imp Plat Information 4 /2,004 13,483/ 656 885,000 (Q) I 1929: Book 020 Pgs 048- 6 12,002 12,044/ 707 500,000 (Q) I 0000: Book Pgs - 12/1,996 9,571/1,749 138,000 (Q) I 0000: Book Pgs - 0 /1,970 3,3951 465 43,000 (Q) I 2004 Value EXEMPTIONS Just/Market: 440,900 Homestead: NO Ownership % .000 Govt Exem: NO Use %: .000 Assessed/Cap: 440,900 Institutional Exem: NO Tax Exempt %: .000 Historic Exem: 0 Taxable: 440,900 Agricultural: 0 2004 Tax Information District: CW Seawall: YES Frontage: Canal/River Clearwater View: 04 Millage: 22.9694 Land Size Unit Land Land Land Front x Depth Price Units Meth 04 Taxes: 10,127.21 1) 72 x 111 11, 000.00 72.00 F 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, 2004 taxes will be : 5) 0 x 0 .00 .00 10, 127. 21 6) 0 x 0 .00 .00 Without any exemptions, 20044taxes will be 10, 127.21 Short Legal MANDALAY UNIT NO. 5 REPLAT BLK 77, LOT 5 AS DESC. IN Description PL BK 20 P6 48 L Building Information Law-.i/ .. -- ,,,....„„ 11.,E fl .,,,..19,.-1 P..,-1 PA-1 9,,,-1 Q,.^ 1 Q V -1 9.+2-i Q.,,-Ap- c/1 1) i?nnc Pinellas County Property Appor Information: 05 29,15 54756 077 00 Page 3 of 5 G INAL Property.- a01and._Use Code descriptions ORI 05 / 29 / 15 54755 / 077 / 0050 :01 12-May-2005 Jim Smith, CFA Pinellas County Property Appraiser 09:44:16 Residential Card 01 of i Prop Use: 220 Land Use: 08 Living Units: 4 Imp Type: Duplex/Triplex Prop Address: 663 BAY ESPLANADE S?tru+c?ural E1?m?n?ts Foundation Continuous Wall Floor System Slab on Grade Exterior Wall ConcBk Stucco/Reclad Roof Frame Flat-Shed Roof Cover B U Tar&6ravel/Othr # Stories i.0 Floor Finish Crpt/HdTI/HdMar/Prgt Interior Finish Drywall/Plaster Quality Above Average Year Built 11951 Effective Age 25 Heating Unit/Spc/W1/Fl Furn Cooling None Fixtures 12 Other Depreciation 0 Functional Depreciation 0 Econonomic Depreciation 0 Stih ArE3aS Description Factor Area Description Factor Area 1) Base Area i.00 2,336 7) .00 0 2) Base Semi finished .80 70 8) .00 0 3) Open Porch .20 84 9) .00 0 4) Open Porch .15 84 10) .00 0 5) .00 0 11) .00 0 6) .00 0 12) .00 0 Rosidanvtial Extra F?eatur?es Description Dimensions Price Units Value RCD Year 1) ASPHALT 7X250 .00 1,750 0 0 1,975 2) PATIO/DECK 3758F 8.50 375 3,190 11280 11951 3) BT LFT/DAU JETSKI 500.00 2 1,000 1,000 2,003 4) DOCK 20.00 498 9,960 9,660 2,003 5) .00 0 0 0 0 6) .00 0 0 0 0 TOTAL RECORD VALUE: 11,940 .4 '4 Map F*- DFt Y??P N' REQ(-c"EVED MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER -ai__-LL--_ -_ -----_??_.. 11 ._.. /L ?L:... /.. ?: ,.....7 n_-I 0_..-1 0_L-1 0_„-1 0_..- 100_,.-1 0_+7-1 0_..-0 0_- C/1'1 P)AAC Pinellas County Property Appo Information: 05 29 15 54756 077 00 -Page 4 of 5 ORIGINAL L27942 fAL 15 B 4 7 5 6 _ 1/8 Mile Aerial Photograph (2002) ff"'hE"HVS1`% MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 11 !`I n ?1 - / nn 1 n 1 n1 1 n 1 n Inn 1 n.n 1 n nn 1 11n1nnnc Pinellas County Property App# Information: 05 29 15 54756 077 00 Page 5 of 5 oRIGINAI 11 . - - - _.- 11 - - X1 -^ ' ' - ---.^^- 0___ 1 0-1-- 1 0___ I °--- 1 0 O---1 0 0- -^0--- cn "I /INAAC Pinellas County Property Appyor Information: 05 29 15 54756 077 00 Appraisal information Buildinsa information Map, 0.18 mile radius Same_area,__Land .Use,. Property-U se_codes, _etc._ Same -area, Sales Info 1/8 mile aerial photo 2002 View Comparable Residential Sales Page 1 of 5 ORIGINAL Mass Appraisal is the systematic appraisal of groups of properties as of a given date using standardized procedures and statistical testing. Its purpose is to provide an equitable and efficient appraisal of all property in a jurisdiction for ad-valorem tax purposes. We recognize that there is a reasonable range of values within which a property can sell. Our Mass Appraisal Market Value tends toward the lower end of the range. Recent upgrades or remodeling efforts completed by a seller in order to prepare a property for sale, especially those on the interior of a building, are often not reflected in our Comparable Sales Value. Finally, our values are historical and are developed using arms length sales from the three years prior to January 1. For this reason, our values are generally lower than what a seller will ask for a property in today's appreciating market. Appraisal Information R E E `3 ? V E RE ) MAY 12 2005 PLANNING DEPARTMENT CITY OF CLEARWATER 1-"-.//.-..,, ..,. _.?,.?I__ CI -_/1.a1..:«/__. P -1 JP L-1 9.,.-1 9-«- 109 -t 9.+'2-1 9--II9.... [/11) /1)AA< ORIGINAL RECEVED MAY 12 2005 PLANNING DEPARTMENT // CITY OF CLEARWATER LONG RANGE PLANNING DEVELOPMENT REVIEW August 17, 2005 0 CITY OF C LEARWATE R PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Mr. Housh Ghovaee Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: Development Order - FLD2005-03032 / TDR2005-03019 - 657 Bay Esplanade Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development Code. On August 16, 2005, the Community Development Board (CDB) reviewed your Flexible Development application to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under, the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. The CDB DENIED the application based upon the following finding of fact and conclusions of law: Findings of Fact: 1. The 0.348 acre subject property is within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 2. Currently, the site is developed with 11 attached dwelling units; 3. The site is permitted 10 dwelling units (30 dwelling units per acre); 4. The site is overdeveloped by one dwelling unit requiring a termination of status of nonconformity to permit that additional dwelling unit to remain on the site; 5. A transfer of development rights is required to provide two additional dwelling units for a total of 13 dwelling units; 6. Adjacent uses are zoned Tourist District developed with multi-family dwellings generally between one and three stories in height, surrounding area a mixture of attached dwellings and overnight accommodations; 7. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District; FRANK HIBBARD, MAYOR Bu.l. JONSON, VICE.-MAYOR JOHN DORAN, COUr C? MENIBER HOYT HAMILTON, COUNCII.MFMBER ® CARLEN A. PETFRSEN, COUNCII %IFMBER "EQUAL. EMPLOYMENT AINID AFFIRMATMi ACTION EMPLOYER" 0 0 8. Beach by Design specifies a preferred form of development as low to mid-rise new single-family dwellings and townhomes, with mid-rise interpreted as maximum of 50 feet based on the height standards in the Tourist (T) District; 9. The proposed structure height is 64 feet to roof deck; 67.5 feet overall from base flood elevation including height gained by the elevator shafts and architectural embellishments; 10. There are no pending Code Enforcement issues with these sites; 11. Staff finds the proposal does not meet the following General Applicability criteria (Section 3-913): a) Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5 feet (64 feet to roof deck from base flood elevation). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design; b) Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units; 12. Staff finds the proposal does not meet the following Comprehensive Infill Redevelopment criteria (Section 2-803.C): a) The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback and minimum lot width is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof, 67.5 feet overall from base flood elevation) is necessary for the development of the site. In addition, the proposed setbacks reductions will result in a building out of scale with the character of the area an out of scale with regard to the parcel on which it will be sited; b) The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5 feet from base flood elevation is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida" District of Beach by Design. The proposed condominium use is not compatible with adjacent land uses; c) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots further eroding the vision of the "Old Florida" District of Beach by Design and will result in a building out of scale with surrounding buildings and out of.scale with the parcel on which it will be located; d) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5 feet; e) 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. While the reduction in lot width are warranted given the pie shape of the site and the existing development pattern within the neighborhood, the proposed height is not consistent with Beach by Design. The increase in height and the reduction in the side (east) and rear (south) setbacks will result in a building out of scale with the lot on which the building will sit and with the surrounding area. The applicant has not clearly shown that an overall height of 67.5 feet from base flood elevation and a decrease in setbacks provides a benefit to the community character and the immediate vicinity of the property; 13. Staff finds that the proposal does not meet the following Transfer of Development Rights per Section 4- 1403: a) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida" District of Beach by Design and will result in a building out of scale with surrounding buildings; b) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5 feet as measured from base flood elevation. The reduction in setback in combination with the reduction in lot width and increase in building height result in a development out of scale with the surrounding neighborhood; and 14. The proposal meets the requirements for a termination of status of nonconformity per Section 6-109 to permit 11 dwelling units where 10 units are allowed. 15. The proposal does not meet the requirements of the Fire Department where the applicant must demonstrate that an adequate water supply for fire fighting purposes is present. Conclusions of Law: 1. The proposal does not comply with the "Old Florida" District of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses; 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7; 3. The proposal does not comply with other standards in the Code including the General Applicability Criteria per Section 3-913.1 and 5; 4. The proposal is in compliance with the criteria for a termination of status of nonconformity per Section 6- 109; 5. The proposal is not in compliance with the criteria for a Transfer of Development Rights per Section and 4- 1403.4 and 5; 6. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts; 7. The development is in compliance with Section 4-1402; and 8. The proposal does not comply with requirements of the Fire Department with regard to the provision of an adequate water supply for fire fighting purposes. An appeal of a Level Two approval (Flexible Development) may be initiated pursuant to Section 4-5023 by the applicant or by any person granted party status within 14 days of the date of this Development Order. The filing of an application/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 November 30, 2004 (14 days from the date of the CDB meeting). Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III at (727) 562-4539 or via e-mail at robert.tefftna,mvclearwater.com. Sincerely, Michael Delk, AICP Planning Director Northsime CIVIL • LAND PLANNING • 5"41" S?ILtixaa Ia. ENVIRONMENTAL • .-7_- TRANSPORTATION • p [E (B (E 0 CE ?. LETTER OF TRANSMITTA AUG 0 8 2005 rT Date: August 8, 2005 ?? Kg ? ? L ?; A , To: Robert Tefft, Planner III 100 S. Myrtle Ave, #210 Clearwater, FL 33755 Reference: Palazzo NES Proj# 520 We Transmit: Enclosed Under Separate Cover Originals Mail UPS Overnight X Prints Pick-Up X Hand Delivered Addendum Shop drawings Specifications Applications Per Your Request For Your Review & Comment Floppy Disk X For Your Use For Your Approval For Your Files For Your Information Copies Date Description 15 Colored renderings, 8 ``/2" x 11" Please contact us at (727) 443-2869 should you have any questions or comments. By: zgzoiA?< 4?v D reen Williams, Project Director Copies To: File N. Pelzer A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSPRI N6.COM N ESTECH@MI N DSPRI NG.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 ??? ? ? ? \ CDB Meeting Date: August 16, 2005 Case Numbers: FLD2005-03032 TDR2005-03019 Agenda Item: D-2 Owner: Anthony Menna - North Clearwater Beach Development, LLC. Keith Hardison, Managing Agent - Beach-Gulf Sands, Inc. Applicant: Anthony Menna, Managing Agent - Palazzo Clearwater Representative: Housh Ghovaee - Northside Engineering Services, Inc. Address: 657 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase. in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. EXISTING ZONING / Tourist (T) District. LAND USE: Resort Facility High (RFH) Category. PROPERTY USE: Current Use: Attached dwellings (7 apartment units); and Attached dwellings (2 duplexes). Proposed Use: Attached dwellings (20 condominium units). ADJACENT ZONING / North: Tourist (T) District - Attached dwellings. LAND USE: South: Preservation (P) District - Clearwater Harbor. East: Tourist (T) District - Attached dwellings. West: Tourist (T) District - Attached dwellings. CHARACTER OF THE The surrounding area is a mixture of attached dwellings and overnight IMMEDIATE VICINITY: accommodation uses. Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 1 of 10 0 UPDATE: The Community Development Board (CDB) reviewed the development proposal at its meeting of June 21, 2005, where a motion to approve the application was made and seconded. However, the final vote on that motion was three (3) in support of the approval and two (2) against; thus resulting in an automatic continuance to the July 19, 2005 CDB meeting. The applicant did not submit any new data for this meeting and the application, supporting materials, Staff Report and recommendations did not change. At the CDB meeting of July 19, 2005, the Board reviewed the development proposal and voted to continue the item until the meeting of August 16, 2005, with direction given to Staff to prepare recommended conditions of approval for the project. The applicant has submitted revised plans, which address several outstanding conditions for the project; however the application and recommendations have not changed. It is noted that the Staff Report has been altered to address the conditions that have been met and to correct a few minor discrepancies that had been identified; however the analysis contained within the report has not been altered. ANALYSIS: Site Location and Existing Conditions: The site consists of 0.348 acres on the south side of Bay Esplanade approximately 200 feet east of Poinsettia Avenue. The site has 132 feet of frontage on Bay Esplanade. The parcel is zoned Tourist (T) District and is currently developed with 11 attached dwelling units (7 apartments and 2 duplexes) where 10 are permitted by the Resort Facilities High (RFH) future land use plan classification (FLUP). The site includes three one-story buildings and is accessed via a single driveway along Bay Esplanade that spans the width of the property. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District. The immediate vicinity is almost entirely composed of attached dwellings (duplexes and triplexes) and single-family dwellings farther to the north. Structures in the area vary in height between one and three stories. Within this section of Bay Esplanade are three approved condominium developments, La Risa I, located at 650 Bay Esplanade, is 69.5 feet in height, La Risa H, located at 669 Bay Esplanade, is 52 feet in height and 665 Bay Esplanade, is 59 feet in height. Proposal: The proposed building will have five living floors (64 feet from base flood elevation to roof deck), with floors two through four containing three dwellings each and floors five and six containing two dwelling unites each. All five living floors will include approximately 6,600 square feet of livable space. The living units will be a mix of two-, three- and four-bedrooms. Elevators, located centrally along the north facade of the building, will provide access to the units. Two stairwells, also located centrally along the north facade, are adjacent to the elevator shafts. Sidewalks will be constructed within the rights-of-way of Bay Esplanade for pedestrian safety, where no sidewalks presently exist. Amenities for the proposal include a swimming pool and at the southeast corner of the site the. Parking and a solid waste staging area will be located on the ground floor. The applicant is not proposing any signage at this time. The proposal also includes a termination of status of nonconformity to permit a total of 11 existing dwelling units to remain on the site where 10 dwelling units are permitted. The site is located within the RFH FLUP category, which permits up to 30 dwelling units per acre, and is 0.348 acres. Therefore the site is permitted up to 10 dwelling units. The site has been developed with 11 dwelling units. The applicant desires to maintain the 11 existing dwelling units on the site and then transfer two additional dwelling units to the site for a total of 13 proposed dwelling units (see transfer of development rights Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 2 of 10 • • analysis below). The termination of status of nonconformity criteria including meeting perimeter buffer requirements, providing required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code are met with this proposal. Beach by Design regulates development within certain areas of the beach. Beach by Design calls for renovation and revitalization of existing improvements with limited new construction where renovation is not practical. The site is located within the "Old Florida" District of Beach by Design where the preferred form of development includes low- to mid-rise new single-family dwellings and townhomes. The Planning Department interprets mid-rise as maximum of 50 feet based on the height standards in the Medium Density Residential (MDR), Tourist (T) and High Density Residential (HDR) districts. The immediate vicinity is composed of attached dwellings, small motels and condominiums. Building styles generally resemble architecture from the 1950's and appear to have been progressively expanded. The proposed height (64 feet to roof deck; 67.5' feet overall from BFE) of the building and the form of development (condominium) are inconsistent with the preferred development type and permitted height of the "Old Florida" District. The height is also inconsistent with the majority of existing buildings in the area. Staff has found instances within the "Old Florida" District of Beach by Design where developments approved by the Community Development Board, with Staff support, have and are dramatically changing the character of the area. These changes have generally not been consistent with the vision and requirements of the "Old Florida" District of Beach by Design. Due to these conditions, Staff has taken a more conservative approach to development within the Beach by Design plan area, especially related to building height and type of use, and, therefore, cannot support the height and the condominium use requested for this project. This proposal is inconsistent with the "Old Florida" District of Beach by Design with regard to height (64 feet to roof deck and 67.5' feet overall from BFE) where low- to mid- rise buildings are required and type of use (condominium where single-family or townhomes are required). As such, the proposal does not meet the following Comprehensive Infill Redevelopment Project criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof; 67.5' feet overall from BFE) is necessary for the development of the site. 2. The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5' feet from BFE is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida" District of Beach by Design. The proposed condominium use is not compatible with adjacent land uses. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida" District of Beach by Design and will result in a building out of scale with surrounding buildings. 4. The design of the proposed comprehensive infi11 redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 3 of 10 • • surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE. 5. 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. The applicant has not clearly shown that an overall height of 67.5' feet from BFE provides a benefit to the community character and the immediate vicinity of the property. The proposal will result in a building out of scale with the site on which it will be located. Additionally, the proposal does not meet the following General Applicability (3-913.1 & 5) criteria: 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5' feet (64 feet to roof deck from BFE). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design and will result in a building out of scale with the site on which it will be located. 2. Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units. Transfer of Development Rights: This proposal includes the Transfer of Development Rights (TDR) of two dwelling units to this site from 116 Brightwater Drive. The maximum number of permitted units for 116 Brightwater Drive is 10 dwelling units. The site has been developed with six dwelling units; therefore an excess of four unused dwelling units exists. The maximum number of dwelling units permitted on 657 Bay Esplanade is 30 dwelling units per acre or 10 dwelling units (0.378 acres by 30). The maximum number of units permitted to be transferred to 657 Bay Esplanade is 20 percent of the otherwise permitted number of dwelling units (10 dwelling units) or two dwelling units. The applicant is proposing a termination of status of nonconformity to permit the 11 existing dwelling units to remain where 10 units are permitted. The total number of proposed dwelling units for the subject site is 13 dwelling units. The Code, under the provisions of Section 4-1403.E.3, and Beach by Design allows the use of TDRs provided both the sender and receiving sites are located within the Beach by Design redevelopment area. The proposal is in compliance with the Plan policy regarding TDRs and with the TDR criteria per Section 4-1402. The proposal is not in compliance with the following standards and criteria set forth in Community Development Code Section 4-1403. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida" District of Beach by Design and will result in a building out of scale with surrounding buildings. 2. The design of the proposed comprehensive infill redevelopment project creates a form and function, which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 4 of 10 • • overall height of 67.5' feet as measured from BFE and will result in a development out of scale with the surrounding neighborhood. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. COMPLIANCE WITH STANDARDS AND CRITERIA Sections 2-801.1 and 2-803): Standard Proposed Consistent Inconsistent Density 30 dwelling units per 13 dwelling units X* acre (10 dwelling units Impervious 0.95 0.77 X Surface Ratio Lot Area 5,000 - 10,000 s q. ft. 15,175 square feet 0.348 acres X Lot Width 50 - 100 feet 132 feet x Height 35 feet 64 feet (as measured from base X* flood elevation to roof deck) with an additional 42 inches to perimeter parapets. Parking Spaces 1.5 spaces per unit (20 25 spaces (1.92 spaces per unit) X spaces) Front Setback 0-15 feet North: 32 feet (to building); X* 5 feet (to pavement); and 3 feet (to dum ster staging) Side Setback 0-10 feet East: 10 feet (to building); X* 7 feet (to pavement); 8 feet (to pool); and 0 feet (to pool deck) West: 10 feet (to building); and X* 3 feet to dum ster staging) Rear 10-20 feet South: 10 feet (to building); X* 8 feet (to pool); and 0 feet to pool deck) * See discussions under Analysis. COMPLIANCE WITH COMPREHENSIVE INFILL PROJECT FLEXIBILITY CRITERIA Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and X* development standards. 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the fair market value of abutting x properties. 3. The uses within the comprehensive infill redevelopment project are otherwise x permitted in the City of Clearwater. 4. The uses or mix of uses within the comprehensive infill redevelopment project * are compatible with adjacent land uses. X 5. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel X* proposed for development. Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 5 of 10 • • Consistent Inconsistent 6. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the X* immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate X* vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street X parking in the immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Tourist (T) District design X guidelines in Division 5 of Article 3. * See discussion under Analysis. Consistent Inconsistent 1. The proposed development of the land will be in harmony with the scale, bulk, X* coverage, density and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage development and use X of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of X persons residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X 5. The proposed development is consistent with the community character of the X* immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent X * See discussion under Analysis. COMPLIANCE WITH TRANSFER OF DEVELOPMENT RIGHTS STANDARDS (Section 4- Consistent Inconsistent 1. The development of the parcel proposed for development will not reduce the X fair market value of abutting property. 2. The uses within the project are otherwise permitted in the City of Clearwater. X 3. The uses or mix of uses within the project are compatible with adjacent land X uses. 4. The development of the parcel proposed for development will upgrade the X* immediate vicinity of the parcel proposed for development. 5. The design of the proposed project creates a form and function which enhances the community character of the immediate vicinity of the parcel X* proposed for development and the City of Clearwater as a whole. * See discussion under Analysis. Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 6 of 10 •. • COMPLIANCE WITH TERMINATION OF STATUS AS A NONCONFORMITY STANDARDS Consistent Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202.D shall X be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards X established in Section 3-1202.E. 3. Any nonconforming sign, outdoor lighting or other accessory structure or X accessory use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be X used to satisfy the requirements of this section. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on May 5, 2005. The Planning Department recommends DENIAL of the Flexible Development application to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit a two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C.; Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4- 1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109, based upon the following recommended findings of fact and recommended conclusions of law: Recommended Findings of Fact: 1. The 0.348 acre subject property is within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 2. Currently, the site is developed with 11 attached dwelling units; 3. The site is permitted 10 dwelling units (30 dwelling units per acre); 4. The site is overdeveloped by one dwelling unit requiring a termination of status of nonconformity to permit that additional dwelling unit to remain on the site; 5. A transfer of development rights is required to provide two additional dwelling units for a total of 13 dwelling units; 6. Adjacent uses are zoned Tourist District developed with multi-family dwellings generally between one and three stories in height, surrounding area a mixture of attached dwellings and overnight accommodations; 7. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District; 8. Beach by Design specifies a preferred form of development as low to mid-rise new single-family dwellings and townhomes, with mid-rise interpreted as maximum of 50 feet based on the height standards in the Tourist (T) District; 9. The proposed structure height is 64 feet to roof deck; 67.5 feet overall from base flood elevation including height gained by the elevator shafts and architectural embellishments; Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 7 of 10 i • 10. There are no pending Code Enforcement issues with these sites; 11. Staff finds the proposal does not meet the following General Applicability criteria (Section 3-913): a) Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5 feet (64 feet to roof deck from base flood elevation). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design; b) Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units; 12. Staff finds the proposal does not meet the following Comprehensive Infill Redevelopment criteria (Section 2-803.C): a) The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback and minimum lot width is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof, 67.5 feet overall from base flood elevation) is necessary for the development of the site. In addition, the proposed setbacks reductions will result in a building out of scale with the character of the area an out of scale with regard to the parcel on which it will be sited; b) The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5 feet from base flood elevation is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida" District of Beach by Design. The proposed condominium use is not compatible with adjacent land uses; c) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots further eroding the vision of the "Old Florida" District of Beach by Design and will result in a building out of scale with surrounding buildings and out of scale with the parcel on which it will be located; d) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5 feet; e) 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. While the reduction in lot width are warranted given the pie shape of the site and the existing development pattern within the neighborhood, the proposed height is not consistent with Beach by Design. The increase in height and the reduction in the side (east) and rear (south) setbacks will result in a building out of scale with the lot on which the building will sit and with the surrounding area. The applicant has not clearly shown that an overall height of 67.5 feet from base flood elevation and a decrease in setbacks provides a benefit to the community character and the immediate vicinity of the property; Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 8 of 10 • • 13. Staff finds that the proposal does not meet the following Transfer of Development Rights per Section 4-1403: a) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida" District of Beach by Design and will result in a building out of scale with surrounding buildings; b) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5 feet as measured from base flood elevation. The reduction in setback in combination with the reduction in lot width and increase in building height result in a development out of scale with the surrounding neighborhood; and 14. The proposal meets the requirements for a termination of status of nonconformity per Section 6-109 to permit 11 dwelling units where 10 units are allowed. 15. The proposal does not meet the requirements of the Fire Department where the applicant must demonstrate that an adequate water supply for fire fighting purposes is present. Recommended Conclusions of Law: 1. The proposal does not comply with the "Old Florida" District of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses; 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7; 3. The proposal does not comply with other standards in the Code including the General Applicability Criteria per Section 3-913.1 and 5; 4. The proposal is in compliance with the criteria for a termination of status of nonconformity per Section 6-109; 5. The proposal is not in compliance with the criteria for a Transfer of Development Rights per Section and 4-1403.4 and 5; 6. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts; 7. The development is in compliance with Section 4-1402; and 8. The proposal does not comply with requirements of the Fire Department with regard to the provision of an adequate water supply for fire fighting purposes. Should the Community Development Board (CDB) desire to approve the development proposal, the following recommended conditions of approval have been provided: Recommended Conditions of Approval: 1. That the existing water main within the Bay Esplanade right-of-way is upgraded to the satisfaction of the Fire Department in order to ensure adequate water supply for fire fighting purposes, and that said upgrades are depicted on a revised Grading, Drainage & Utilities Site Plan (sheet C4.1) prior to.the issuance of a Development Order; 2. That prior to the issuance of any building permits all Parks and Recreation fees need to be paid; 3. That prior to the issuance of any building permits, a landscape plan is submitted that is acceptable to Planning Department staff; Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 9 of 10 r ? 4. That prior to the issuance of a Certificate of Occupancy, any/all required Transportation Impact Fees be paid; 5. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 6. That the final design and color of the building be consistent with the conceptual elevations submitted to (or as modified by) the CDB, and be approved by Staff, 7. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. That conduits for the future undergrounding of existing utilities within the abutting right-of-way shall be installed along the entire site's street frontages prior to the issuance of a Certificate of Occupancy. The applicant's representative shall coordinate the size and number of conduits with all affected utility providers (electric, phone, cable, etc.), with the exact location, size and number of conduits to be approved by the applicant's engineer and the City's Engineering Department prior to the commencement of work; 8. That all Fire Department requirements be met, prior to the issuance of any permits; 9. That all Traffic Department requirements be met, prior to the issuance of any permits; 10. That all signage meet the requirements of Code and be limited to attached signs on the canopies or attached directly to the building and be architecturally-integrated with the design of the building with regard to proportion, color, material and finish as part of a final sign package submitted to and approved by Staff prior to the issuance of any permits which includes: a. All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b. All signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 11. That a right-of-way permit be secured prior to.any work performed in the public right-of-way; 12. That the first building permit be applied for within one year (by August 16, 2006) of Community Development Board approval; 13. That the final Certificate of Occupancy be obtained within two years of issuance of the first building permit; 14. That all utility equipment including but not limited to wireless communication facilities, electrical and water meters, etc. be screened from view and/or painted to match the building to which they are attached, as applicable prior to the issuance of a Certificate of Occupancy; 15. That boats moored at the docks be for the exclusive use by the residents and/or guests of the condominiums and not be permitted to be sub-leased separately from the condominiums; and 16. That "Do Not Enter" signage is provided along both sides of the egress drive aisle. Prepared by: Planning Department Staff: Robert G. Tefft, Planner III ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S.•IPlanning Department)C D BIFLEX (FLD)IPending cases)Up for the next CDBIBay Esplanade 657 Palazzo Clearwater (7) - 08-16-05 - R71Bay Esplanade 657 Staff Report 08-16-05 CDB.doc Staff Report - Community Development Board - August 16, 2005 Case FLD2005-03032 - 10 of 10 • • CITY OF CLEARWATER LL PLANNING DEPARTMENT ° 100 SOUTH MYRTLE AVENUE Clearwater CLEARWATER, FLORIDA 33756 U TEL: (727) 562-4567 FAX: (727) 562-4865 FACSIMILE COVER SHEET Date: August 3, 2005 To: Steve Strong, 562-432=8" From: Robert G. Tefft, Planner III Re: 657 Bay Esplanade (FLD2005-03032) Number of Pages Including Cover Sheet: 2 Comments: In regards to 657 Bay Esplanade (FLD2005-03032) an outstanding condition from the Fire Dept. was that adequate water supply was ensured for fire fighting purposes. The applicant has provided a flow test conducted by the City's Public Utilities Dept. at the subject location. Could you please review the attached results of the test and let me know as soon as possible if the results sufficiently address the water supply condition? If you could let me know via e-mail, it would be most appreciated. Thanks. ** Please confirm receipt via e-mail at: t-obert.tefft@tnvclearwciter.com ** ** Visit the Planning Department online at www.mvclearwater.com ** 29/ 2005 08:29 727562496 PUBLIC UTILITIES • PAGE 02 F1.4W TEST 0 CITY,OF CLEARWATER Clearwater 1TER DEPARTMENT LOCATION: 657 DAY ESPJANADE o4k DATE OF TEST: 7/28/05 STATIC: , PSI RESIDUAL., Psi MOT: Psi FLOW / 0 6 p rpm lEfi(a.M.?, ORIGIN??- D 2aa? pIj =t461?t7- C i.O? ` T? ta?.iF'? , .. +t , Aug. 03 2005 01:09PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 95624461 Aug.03 01:08PM 00'44 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). 0 0 : C' 71 , -? ,. =yMTEP?? I--V" I ! O LONG RANGE PLANNING DEVELOPMENT REVIEW July 20, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street Clearwater, FL 33755 CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 RE: Community Development Board Meeting (Case No. FLD2005-03032 - 657 Bay Esplanade) Dear Mr. Ghovaee: At their meeting of July 19, 2005, the Community Development Board (CDB) continued the above referenced request to their meeting of August 16, 2005. The request is for Flexible Development approval to permit 13 attached dwellings in the Tourist (T) District and an increase in height from 35' to 64' (as measured from base flood elevation to the roof deck); an increase in the height of a parapet wall from 30" to 42"; permit two (2) parking spaces within the required sight visibility triangle along Bay Esplanade; a reduction to the front (north) setback from 15' to 5' (to pavement) and 3' (to trash staging area); a reduction to the side (east) setback from 10' to 0' feet (to pool deck), and 7' (to pavement); a reduction in the side (west) setback from 10' to 3' (to trash staging area); and a reduction to the rear (south) setback from 20' to 0' (to pool deck), 8' (to pool), and 10' (to building), as part of a Comprehensive Infrll Redevelopment Project under the provisions of Section 2-803.C.; the Transfer of Development Rights (TDR2005-03019) of two (2) dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403; and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. Should you have any questions, please do not hesitate to contact Robert G. Tefft, Planner III, at (727) 5624539 or via e-mail at rbert.tefft(c-t,,myclearwater.com. Sincerely, Michael D , AI Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIBay Esplanade 657 Palazzo Clearwater (7) - R71Bay Esplanade 657 CDB Cont ,Rcf_IMWA -MAQ1540C FRANK HIBBARD, VICE MAYOR HOPI' HAMILTON, COUNCIUMENIBER BILL JONSON, COUNCILMBIBER ® CARLEN A. PETERSEN, COUNCILAIENIBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 9 0 CDB Meeting Date: July 19, 2005 Case Numbers: FLD2005-03032 TDR2005-03019 Agenda Item: D-2 Owner: Anthony Menna - North Clearwater Beach Development, LLC. Keith Hardison, Managing Agent - Beach-Gulf Sands, Inc. Applicant: Anthony Menna, Managing Agent - Palazzo Clearwater Representative: Housh Ghovaee - Northside Engineering Services, Inc. Address: 657 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. EXISTING ZONING/ LAND USE: Tourist (T) District/Resort Facility High (RFH) Category; PROPERTY SIZE: 0.348 acres PROPERTY USE: Current Use: Attached dwellings (seven apartment units) Proposed Use: Attached dwellings (13 condominium units) Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 1 of 11 ADJACENT ZONING/ North: Tourist; Attached dwellings LAND USES: East: Tourist; Attached dwellings South: Preservation; Clearwater Harbor West: Tourist; Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: The surrounding area is a mixture of attached dwellings and overnight accommodation uses. UPDATE: The application was reviewed at the June 21, 2005 CDB meeting where a motion to approve the application was made and seconded. The final vote on that motion was three in support of the approval and two against the approval resulting in an automatic continuance to the July 19, 2005 CDB meeting. The applicant did not resubmit any new data for this meeting and the application, supporting materials, Staff report, and recommendations have not changed. ANAT,VCTC- Site Location and Existing Conditions: The site consists of 0.348 acres on the south side of Bay Esplanade approximately 200 feet east of Poinsettia Avenue. The site has 132 feet of frontage on Bay Esplanade. The parcel is zoned Tourist (T) District and is currently developed with seven attached dwelling units where 10 are permitted by the Resort Facilities High (RFH) future land use plan classification (FLUP). The site includes three one-story buildings and is accessed via a single driveway along Bay Esplanade which spans the width of the property. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida District". The immediate vicinity is almost entirely composed of attached dwellings (duplexes and triplexes) and single-family dwellings farther to the north. Structures in the area vary in height between one and three stories. Within this section of Bay Esplanade are three approved condominium developments, La Risa I, located at 650 Bay Esplanade, is 69.5 feet in height, La Risa II, located at 669 Bay Esplanade, is 52 feet in height and 665 Bay Esplanade, is 59 feet in height. Proposal: The proposed building will have five living floors (64 feet from BFE [base flood elevation] to roof deck), with floors two through four containing three dwellings each and floors five and six containing two dwelling unites each. All five living floors will include approximately 6,600 square feet of livable space. The living units will be a mix of two-, three- and four- bedrooms. Elevators, located centrally along the north facade of the building, will provide access to the units. Two stairwells, also located centrally along the north facade, are adjacent to the elevator shafts. Sidewalks will be constructed within the rights-of-way of Bay Esplanade for pedestrian safety, where no sidewalks presently exist. Amenities for the proposal include a swimming pool and at the southeast corner of the site the. Parking and a solid waste staging area will be located on the ground floor. The applicant is not proposing any signage at this time. Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 2 of 11 • • The proposal also includes a termination of status of nonconformity to permit a total of 11 existing dwelling units to remain on the site where 10 dwelling units are permitted. The site is located within the RFH FLUP category, which permits up to 30 dwelling units per acre, and is 0.348 acres. Therefore the site is permitted up to 10 dwelling units. The site has been developed with 11 dwelling units. The applicant desires to maintain the 11 existing dwelling units on the site and then transfer two additional dwelling units to the site for a total of 13 proposed dwelling units (see transfer of development rights analysis below). The termination of status of nonconformity criteria including meeting perimeter buffer requirements, providing required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code are met with this proposal. Beach by Design regulates development within certain areas of the beach. Beach by Design calls for renovation and revitalization of existing improvements with limited new construction where renovation is not practical. The site is located within the "Old Florida District" of Beach by Design where the preferred form of development includes low- to mid-rise new single-family dwellings and townhomes. The Planning Department interprets mid-rise as maximum of 50 feet based on the height standards in the Medium Density Residential (MDR), Tourist (T) and High Density Residential (HDR) districts. The immediate vicinity is composed of attached dwellings, small motels and condominiums. Building styles generally resemble architecture from the 1950's and appear to have been progressively expanded. The proposed height (64 feet to roof deck; 67.5' feet overall from BFE) of the building and the form of development (condominium) are inconsistent with the preferred development type and permitted height of the "Old Florida District". The height is also inconsistent the majority of existing buildings in the area. Staff has found instances within the "Old Florida District" of Beach by Design where developments approved by the Community Development Board, with Staff support, have and are dramatically changing the character of the area. These changes have generally not been consistent with the vision and requirements of the "Old Florida District" of Beach by Design. Due to these conditions, Staff has taken a more conservative approach to development within the Beach by Design plan area, especially related to building height and type of use, and, therefore, cannot support the height and the condominium use requested for this project. This proposal is inconsistent with the "Old Florida District" of Beach by Design with regard to height (64 feet to roof deck and 67.5' feet overall from BFE) where low- to mid-rise buildings are required and type of use (condominium where single-family or townhomes are required). As such, the proposal does not meet the following Comprehensive Infill Redevelopment Project criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof; 67.5' feet overall from BFE) is necessary for the development of the site. Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 3 of 11 • • 2. The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5' feet from BFE is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida District" of Beach by Design. The proposed condominium use is not compatible with adjacent land uses. 3. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. 4. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE. 5. 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. The applicant has not clearly shown that an overall height of 67.5' feet from BFE provides a benefit to the community character and the immediate vicinity of the property. The proposal will result in a building out of scale with the site on which it will be located. Additionally, the proposal does not meet the following General Applicability (3-913.1 & 5) criteria: 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5' feet (64 feet to roof deck from BFE). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design and will result in a building out of scale with the site on which it will be located. 2. Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units. Transfer of Development Rights: This proposal includes the Transfer of Development Rights (TDR) of two dwelling units to this site from 116 Brightwater Drive. The maximum number of permitted units for 116 Brightwater Drive is 10 dwelling units. The site has been developed with six dwelling units; therefore an Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 4 of 11 • • excess of four unused dwelling units exists. The maximum number of dwelling units permitted on 657 Bay Esplanade is 30 dwelling units per acre or 10 dwelling units (0.378 acres by 30). The maximum number of units permitted to be transferred to 657 Bay Esplanade is 20 percent of the otherwise permitted number of dwelling units (10 dwelling units) or two dwelling units. The applicant is proposing a termination of status of nonconformity to permit the 11 existing dwelling units to remain where 10 units are permitted. The total number of proposed dwelling units for the subject site is 13 dwelling units. The Code, under the provisions of Section 4-1403.E.3, and Beach by Design allows the use of TDRs provided both the sender and receiving sites are located within the Beach by Design redevelopment area. The proposal is in compliance with the Plan policy regarding TDRs and with the TDR criteria per Section 4-1402. The proposal is not in compliance with the following standards and criteria set forth in Community Development Code Section 4- 1403. 1. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. 2. The design of the proposed comprehensive infill redevelopment project creates a form and function, which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE and will result in a development out of scale with the surrounding neighborhood. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. COMPLIANCF. WITH STANDARDS AND CRITERIA: (Sections 2-801 and 2-804.F1: Standard Proposed Consistent Inconsistent DENSITY (30 dwelling units per 13 dwelling units X* acre; 10 dwelling units IMPERVIOUS SURFACE RATIO 0.77 X 0.95 max LOT AREA (5,000 - 0.348 acres; 15,175 square feet X 10,000 s q. ft. LOT WIDTH (50 - 132 Feet X 100 feet FRONT SETBACK North: 32 feet (to building); five feet (to X* Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 5 of 11 • • (0-15 feet) paving); three feet (to dumpster staging area); SIDE SETBACK East: 10 feet (to building); seven feet (to (0-10 feet) pavement); zero feet to pool deck; eight X feet (to pool) West: 10 feet (to building); three feet (to trash staging area) REAR SETBACK South: 0 feet (to pool deck); eight feet (to X* 10-20 feet pool); 10 to building HEIGHT (35 feet 64 feet above BFE (to roof deck); max) An additional 42 inches feet to perimeter parapets (from roof deck); an additional X* six feet to elevator shaft/stair tower (from roof deck) 67.5' feet overall height from BFE PARKING SPACES (1.5 spaces per unit; 25 spaces (1.92 spaces per unit) X 20 spaces) * See discussion under Analysis. COMPLIANCE WITH COMPREHENSIVE INFILL PROJECT FLEXIBILITY CRITERIA (Section 2-803.C): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from X* the use, intensity and development standards 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the X fair market value of abutting properties. 3. The uses within the comprehensive infill redevelopment X project are otherwise permitted in the City of Clearwater. 4. The uses or mix of uses within the comprehensive infill X* redevelopment project are compatible with adjacent land uses. 5. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the X* immediate vicinity of the parcel proposed for development. 6. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of X* the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for X* development and the City of Clearwater as a whole. Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 6 of 11 • • Consistent Inconsistent 8. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the X immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. X * See discussion under Analysis. COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the scale, X* bulk, coverage, density and character of adjacent properties. 2. Development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the X value thereof. 3. Development will not adversely affect the health or safety of X persons residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. X 5. Development is consistent with the community character of the X* immediate vicinity. 6. Design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of X operation impacts on adjacent properties. * See discussion under Analysis. COMPLIANCE WITH TRANSFER OF DEVELOPMENT RIGHTS STANDARDS (Section 4-1403): Consistent Inconsistent 1. The development of the parcel proposed for development X will not reduce the fair market value of abutting property. 2. The uses within the project are otherwise permitted in the X City of Clearwater. 3. The uses or mix of uses within the project are compatible X with adjacent land uses. 4. The development of the parcel proposed for development will upgrade the immediate vicinity of the parcel proposed X* for development. 5. The design of the proposed project creates a form and function which enhances the community character of the X* immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. * See discussion under Analysis. Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 7 of 11 • • COMPLIANCE WITH TERMINATION OF STATUS AS A NONCONFORMITY STANDARDS (Section 6-109): Consistent Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202(D) shall be installed. X 2. Off-street parking lots shall be improved to meet the landscaping standards established in Section 3-1202(E). X 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be X terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this X section. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on May 5, 2005. The Planning Department recommends DENIAL of the Flexible Development application to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit a two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109 based upon the following recommended findings of fact and recommended conclusions of law: Recommended Findings of Fact: 1. Subject property, 0.348 acres, is within the Tourist (T) District/Resort Facilities High (RFH) Future Land Use Plan classification; 2. Currently the site developed with 11 attached dwelling units; 3. The site is permitted 10 dwelling units (30 dwelling units per acre); 4. The site is overdeveloped by one dwelling unit requiring a termination of status of nonconformity to permit that additional dwelling unit to remain on the site; 5. A transfer of development rights is required to provide two additional dwelling units for a total of 13 dwelling units; Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 8 of 11 6. Adjacent uses are zoned Tourist District developed with multi-family dwellings generally between one and three stories in height, surrounding area a mixture of attached dwellings and overnight accommodations; 7. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida District"; 8. Beach by Design specifies a preferred form of development as low- to mid-rise new single- family dwellings and townhomes, with mid-rise interpreted as maximum of 50 feet based on the height standards in the Tourist (T) District; 9. The proposed structure height is 64 feet to roof deck; 67.5' feet overall from Base Flood, Elevation (BFE) including height gained by the elevator shafts and architectural embellishments; 10. There are no pending Code Enforcement issues with these sites; 11. Staff finds the proposal does not meet the following General Applicability criteria (section 3- 913: a) Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5' feet (64 feet to roof deck from BFE). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design; b) Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units. 12. Staff finds the proposal does not meet the following Comprehensive Infill Redevelopment criteria (Section 2-803.C): a) The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback and minimum lot width is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof, 67.5' feet overall from BFE) is necessary for the development of the site. In addition, the proposed setbacks reductions will result in a building out of scale with the character of the area an out of scale with regard to the parcel on which it will be sited. b) The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5' feet from BFE is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida District" of Beach by Design. The proposed condominium use is not compatible with adjacent land uses. c) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots further eroding the vision of the "Old Florida District" of Beach by Design and will result Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 9 of 11 i • in a building out of scale with surrounding buildings and out of scale with the parcel on which it will be located. d) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet. e) 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. While the reduction in lot width are warranted given the pie shape of the site and the existing development pattern within the neighborhood, the proposed height is not consistent with Beach by Design. The increase in height and the reduction in the side (east) and rear (south) setbacks will result in a building out of scale with the lot on which the building will sit and with the surrounding area. The applicant has not clearly shown that an overall height of 67.5' feet from BFE and a decrease in setbacks provides a benefit to the community character and the immediate vicinity of the property. 13. Staff finds that the proposal does not meet the following Transfer of Development Rights per Section 4-1403: a) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. b) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE. The reduction in setback in combination with the reduction in lot width and increase in building height result in a development out of scale with the surrounding neighborhood. 14. The proposal meets the requirements for a termination of status of nonconformity per Section 6-109 to permit 11 dwelling units where 10 units are allowed. 15. The proposal does not meet the requirements of the Public Works Administration does not allowed underground vaults as water quality facilities per page seven of the Storm Drainage Design Criteria for the City of Clearwater except when specifically approved by the City Engineer based on adequate justification. This justification has not been submitted. 16. The proposal does not meet the requirements of the Solid Waste Department where the submittal does not indicate where recycling carts will be placed or if recycling will be offered to residents. Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 10 of 11 • 17. The proposal does not meet the requirements of the Fire Department where the applicant must demonstrate that an adequate water supply for fire fighting purposes is present. Recommended Conclusions of Law: 1. The proposal does not comply with the "Old Florida District" of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses. 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7. 3. The proposal does not comply with other standards in the Code including the General Applicability Criteria per Section 3-913.1 and 5. 4. The proposal is in compliance with the criteria for a termination of status of nonconformity per Section 6-109. 5. The proposal is not in compliance with the criteria for a Transfer of Development Rights per Section and 4-1403.4 and 5. 6. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts. 7. The development is in compliance with Section 4-1402. 8. The proposal does not comply with requirements of the Fire and Solid Waste Departments and the Public Works Administration. Prepared by: Planning Department Staff: ? ?- 0, Robert G. Tefft, Planner III ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S: (Planning Departmen6C D BIFLEX (FLD)IPending cases)Up for the next CDBIBay Esplanade 657 Palazzo Clearwater (7) - MTPIBay Esplanade 657 Staff Report 07-19-05 CDB.doc Staff Report - Community Development Board -July 19, 2005 Case FLD2005-03032 - 11 of 11 i CDB Meeting Date: Case Numbers: 0 • June 21, 2005 FLD2005-03032 TDR2005-03019 Agenda Item: F-8 Owner: Anthony Menna - North Clearwater Beach Development, LLC. Keith Hardison, Managing Agent - Beach-Gulf Sands, Inc. Applicant: Anthony Menna, Managing Agent - Palazzo Clearwater Representative: Housh Ghovaee - Northside Engineering Services, Inc. Address: 657 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. EXISTING ZONING/ LAND USE: Tourist (T) District/Resort Facility High (RFH) Category; PROPERTY SIZE: 0.348 acres PROPERTY USE: Current Use: Attached dwellings (seven apartment units) Proposed Use: Attached dwellings (13 condominium units) CDB Notes - Community Development Board -June 21, 2005 Case FLD2005-03032 - 1 of 7 11 E ADJACENT ZONING/ North: Tourist; Attached dwellings LAND USES: East: Tourist; Attached dwellings South: Preservation; Clearwater Harbor West: Tourist; Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: The surrounding area is a mixture of attached dwellings and overnight accommodation uses. ANALYSIS: Site Location and Existing Conditions: The site consists of 0.348 acres on the south side of Bay Esplanade approximately 200 feet east of Poinsettia Avenue. The site has 132 feet of frontage on Bay Esplanade. The parcel is zoned Tourist (T) District and is currently developed with seven attached dwelling units where 10 are permitted by the Resort Facilities High (RFH) future land use plan classification (FLUP). The site includes three one-story buildings and is accessed via a single driveway along Bay Esplanade which spans the width of the property. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida District". The immediate vicinity is almost entirely composed of attached dwellings (duplexes and triplexes) and single-family dwellings farther to the north. Structures in the area vary in height between one and three stories. Within this section of Bay Esplanade are three approved condominium developments, La Risa I, located at 650 Bay Esplanade, is 69.5 feet in height, La Risa II, located at 669 Bay Esplanade, is 52 feet in height and 665 Bay Esplanade, is 59 feet in height. Proposal: The proposed building will have five living floors (64 feet from BFE [base flood elevation] to roof deck), with floors two through four containing three dwellings each and floors five and six containing two dwelling unites each. All five living floors will include approximately 6,600 square feet of livable space. The living units will be a mix of two-, three- and four- bedrooms. Elevators, located centrally along the north facade of the building, will provide access to the units. Two stairwells, also located centrally along the north facade, are adjacent to the elevator shafts. Sidewalks will be constructed within the rights-of-way of Bay Esplanade for pedestrian safety, where no sidewalks presently exist. Amenities for the proposal include a swimming pool and at the southeast corner of the site the. Parking and a solid waste staging area will be located on the ground floor. The applicant is not proposing any signage at this time. The proposal also includes a termination of status of nonconformity to permit a total of 11 existing dwelling units to remain on the site where 10 dwelling units are permitted. The site is located within the RFH FLUP category, which permits up to 30 dwelling units per acre, and is 0.348 acres. Therefore the site is permitted up to 10 dwelling units. The site has been developed with 11 dwelling units. The applicant desires to maintain the 11 existing dwelling units on the site and then transfer two additional dwelling units to the site for a total of 13 proposed dwelling units (see transfer of development rights analysis below). The termination of status of nonconformity criteria CDB Notes - Community Development Board -June 21, 2005 Case FLD2005-03032 - 2 of 7 A including meeting perimeter buffer requirements, providing required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code are met with this proposal. Beach by Design regulates development within certain areas of the beach. Beach by Design calls for renovation and revitalization of existing improvements with limited new construction where renovation is not practical. The site is located within the "Old Florida District" of Beach by Design where the preferred form of development includes low- to mid-rise new single-family dwellings and townhomes. The Planning Department interprets mid-rise as maximum of 50 feet based on the height standards in the Medium Density Residential (MDR), Tourist (T) and High Density Residential (HDR) districts. The immediate vicinity is composed of attached dwellings, small motels and condominiums. Building styles generally resemble architecture from the 1950's and appear to have been progressively expanded. The proposed height (64 feet to roof deck; 67.5' feet overall from BFE) of the building and the form of development (condominium) are inconsistent with the preferred development type and permitted height of the "Old Florida District". The height is also inconsistent the majority of existing buildings in the area. Staff has found instances within the "Old Florida District" of Beach by Design where developments approved by the Community Development Board, with Staff support, have and are dramatically changing the character of the area. These changes have generally not been consistent with the vision and requirements of the "Old Florida District" of Beach by Design. Due to these conditions, Staff has taken a more conservative approach to development within the Beach by Design plan area, especially related to building height and type of use, and, therefore, cannot support the height and the condominium use requested for this project. This proposal is inconsistent with the "Old Florida District" of Beach by Design with regard to height (64 feet to roof deck and 67.5' feet overall from BFE) where low- to mid-rise buildings are required and type of use (condominium where single-family or townhomes are required). As such, the proposal does not meet the following Comprehensive Infill Redevelopment Project criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof, 67.5' feet overall from BFE) is necessary for the development of the site. 2. The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5' feet from BFE is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida District" of Beach by Design. The proposed condominium use is not compatible with adjacent land uses. CDB Notes - Community Development Board -June 21, 2005 Case FLD2005-03032 - 3 of 7 9 0 i 3. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. 4. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE. 5. 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. The applicant has not clearly shown that an overall height of 67.5' feet from BFE provides a benefit to the community character and the immediate vicinity of the property. The proposal will result in a building out of scale with the site on which it will be located. Additionally, the proposal does not meet the following General Applicability (3-913.1 & 5) criteria: 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5' feet (64 feet to roof deck from BFE). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design and will result in a building out of scale with the site on which it will be located. 2. Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units. Transfer of Development Rights: This proposal includes the Transfer of Development Rights (TDR) of two dwelling units to this site from 116 Brightwater Drive. The maximum number of permitted units for 116 Brightwater Drive is 10 dwelling units. The site has been developed with six dwelling units therefore, an excess of four unused dwelling units exists. The maximum number of dwelling units permitted on 657 Bay Esplanade is 30 dwelling units per acre or 10 dwelling units (0.378 acres by 30). The maximum number of units permitted to be transferred to 657 Bay Esplanade is 20 percent of the otherwise permitted number of dwelling units (10 dwelling units) or two dwelling units. The applicant is proposing a termination of status of nonconformity to permit the 11 existing dwelling CDB Notes - Community Development Board -June 21, 2005 Case FLD2005-03032 - 4 of 7 0 0 units to remain where 10 units are permitted. The total number of proposed dwelling units for the subject site is 13 dwelling units. The Code, under the provisions of Section 4-1403.E.3, and Beach by Design allows the use of TDRs provided both the sender and receiving sites are located within the Beach by Design redevelopment area. The proposal is in compliance with the Plan policy regarding TDRs and with the TDR criteria per Section 4-1402. The proposal is not in compliance with the following standards and criteria set forth in Community Development Code Section 4- 1403. 1. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. 2. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE and will result in a development out of scale with the surrounding neighborhood. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on May 5, 2005. The Planning Department recommends DENIAL of the Flexible Development application to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit a two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109 based upon the following recommended findings of fact and recommended conclusions of law: Recommended Findings of Fact: 1. Subject property, 0.348 acres, is within the Tourist (T) District/Resort Facilities High (RFH) Future Land Use Plan classification; 2. Currently the site developed with 11 attached dwelling units; 3. The site is permitted 10 dwelling units (30 dwelling units per acre); CDB Notes - Community Development Board -June 21, 2005 Case FLD2005-03032 - 5 of 7 0 9 0 4. The site is overdeveloped by one dwelling unit requiring a termination of status of nonconformity to permit that additional dwelling unit to remain on the site; 5. A transfer of development rights is required to provide two additional dwelling units for a total of 13 dwelling units; 6. Adjacent uses are zoned Tourist District developed with multi-family dwellings generally between one and three stories in height, surrounding area a mixture of attached dwellings and overnight accommodations; 7. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida District"; 8. Beach by Design specifies a preferred form of development as low- to mid-rise new single- family dwellings and townhomes, with mid-rise interpreted as maximum of 50 feet based on the height standards in the Tourist (T) District; 9. The proposed structure height is 64 feet to roof deck; 67.5' feet overall from Base Flood, Elevation (BFE) including height gained by the elevator shafts and architectural embellishments; 10. There are no pending Code Enforcement issues with these sites; 11. Staff finds the proposal does not meet the following General Applicability criteria (section 3- 913) 12. Staff finds the proposal does not meet the following Comprehensive Infill Redevelopment criteria (Section 2-803.C): 13. Staff finds that the proposal does not meet the following Transfer of Development Rights per Section 4-1403: 14. The proposal meets the requirements for a termination of status of nonconformity per Section 6-109 to permit 11 dwelling units where 10 units are allowed. 15. s not The pro does not meet the irements of the is orks Admini ion doe l under ound vaults ater ality facili ' s per page seven of e Storm nage 7 e Criteria for the ity of Clearw er e pt when speci cal approved by the City gn / Engineer based on equate justification. This justification has not been submitted. 16. The proposal does not meet the requirements of the Solid Waste Department where the 5 ? submittal does not indicate where recycling carts will be placed or if recycling will be offered ??, ? ' to residents. 17. The proposal does not meet the requirements of the Fire Department where the applicant must demonstrate that an adequate water supply for fire fighting purposes is present. Recommended Conclusions of Law: 1. The proposal does not comply with the "Old Florida District" of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses. 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7. 3. The proposal does not comply with other standards in the Code including the General Applicability Criteria per Section 3-913.1 and 5. 4. The proposal is in compliance with the criteria for a termination of status of nonconformity per Section 6-109. 5. The proposal is not in compliance with the criteria for a Transfer of Development Rights per Section and 4-1403.4 and 5. CDB Notes - Community Development Board -June 21, 2005 Case FL.D2005-03032 - 6 of 7 0 0 6. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts. 7. The development is in compliance with Section 4-1402. 8. The proposal does not comply with requirements of the Fire and Solid Waste Departments and the Public Works Administration. S: (Planning DepartmenhC D BWLEX (FLD)lPending cases) Up for the next CDBIBay Esplanade 657 Palazzo Clearwater (T) - MMIlay Esplanade 657 CDB Notes.doc CDB Notes - Community Development Board -June 21, 2005 Case FLD2005-03032 - 7 of 7 m a g ROYAL WAY 2x2 Map Anthony Menna; North Clearater Beach FLD2005-03032 Owner. Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Site: 657 Bay Esplanade Prop 0.348 Size(Acres): PIN: 05-29-15-54756-077-0040 Reciever Site 05-29-15-54756-077-0050 Atlas Page: 258A s+. - L F 1 r/r m t?s :]r •t- nN kN ST. -9 6157 _.B-ayy Esplanade..- ?- -.j- - N _ 7-1 ) p J I? ' 9l I .? . 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Tab vn Yi'-MCUei•lRr•.aA e.tlTw,rckp. HLabol --C'aTen.rt3a pa72.O:w Gva•%muao•ei J-Trwnlcm P. pr°r-.stlon Nee ? City Owned Property Agreement to Annex c Annexation - Deannexalion • Correction Rezoning SUB NUMBER (' • Rater to Plat) C"" :1 BLOCK NUMBER SUB PARCEL NUMBER aznn? PARCEL NUMBER (M&B) LAND HOOK (COMMON OWNERSHIP) PLATTED SUBDIVISION BOUNDARY COUNTY HIGHWAY STATE HIGHWAY U.S. HIGHWAY Outside City of Clearwater Zoning Atlas Mar 21, 2005 SW 114 of 5.29-15 258A 9 • 65.7.Bay Esplanade._.. i FLD2005-03032 yr-,- ,° J ( irt' T •- Aa'tN ST. #e IrL i , 1-„ r„ 4 1 I I-- N I KN L ... ? ST. ;VrJJ l , ) rirr- ?1! 1 1 , z'tYO? ?1 • t °. I A l m ..Jn.Irv • J' LueJ aD -1 ST laa I" 1 aua `ISIS • ,r " ,JV er: M ] • m 1 rFe r> G SRWC ST. IJ v ,pr . ROM L Iu ? a : u t - -- Lme1e ?+ ? `nm? J - I]LEVnLD T 7 CUNOALE 5- i a^`^ Le1116 ..J ?A` nnv `e1Yaa ? r e/ r :rvn?- V? L IIEILN'LOD 0T. J ° R'; is 6„Je BAY J.// / oT,r,. 1 AVA.ovV -• 1 -'-- - CV, r. a I' i _ 1j '- ?? -,b AIL i ;- H H ISM JUANIrA'MAY 1. 1, 411, 1. 1 enr '.D=I AHADe I= I Lleaoa ...1 I AIJ 'R. OS/ R Ir ) e Im r OS/R 1 Hl":ItA'nAY ST r r 1, j ?Ir I I wr. _ rLa/aUr T -'--1 _ iL619J1 -- -- - j T - _$ R -- - --- -- --- -- Ii L.. r _ 1 % ? aue ? _.11 ?6'Q'c rwater U PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING 1 GIS 100 S. Myrtle Ave., Clearwater, FL 53756 Ph.; (727)562-4750, Fax: (727)5294755 www.MyClearwater.com o ga'mv. n.er:.m rm?w, ad o runaue tr ma Gb d ^?een,.ror R2aCW by A Mp TQprMf W04NbnT?r 1NS1 V. pe l:eetiJp. ad rN." d enM LYetlty untleruenMap Mef;ns d... W.b reWeNatlneeI.-MyAx As tm D' auto. 11 MT GTY WGaOrwu:uPWN&0io -a PWAI YheJJ2CfJelnaCAtry• E maiaTy. cartxmleneeap eaprASWfae-I& L-/Wr:eg Mu scanecy, lMer?se, raJatieb, 6y d MJa OM /a enr OaproeNNa9r me. r?M,ermme. Cro G'b.rGeswa4r PLt'bE navmee no IkEK.y vMdOe,er ueoelemtl wa, Mie :.re a naauu Baum tlm.. 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' 11 -I Eif I? r- :.fxaFRPRi LT 11.1 t„ I , e tol. dr, r 11 ? °?° I `116Jf T . a 1 C BaM 3T. L ,sa - ` e : N ? , and -- `e•dq ? Ln•u ? 1 , P 1 f I 1 1DLEwMID eT I - r N110 • J ROYA. `60160 J P L . I- ,I, ? 6 M . :%rJ¢• Jr , fro '1 ' IIEe.w'.W IT. Fir • , d I w I-I i• '? C ;PIANAW 1 , ? . e ? -__ erl ? 1 rr . AYA.DN IT. - I ,y z l I•?, n • 1 e , r 1 I L J t _ f d IM -1 -AY / I/ <EVDALL Di N ? y ' su I wnr ' a- I :a= ? uNME yr 7. I OS/R 1 N o , J t 0 .y. ? r S I z Os/R P I I y N:dA'NAY 9T ?t I` a I 6 ( _ ? •IJ 1 I wlr rxur.Y? --- ----- -- - ' - , I = - - - - '?? t- - 1 aw I I `iaJae ? ` ? l ue . _I `oe ? ;Clearwater U PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING 1013 100 S. Myrtle Ave., Clearwater, FL 93756 Ph.: (727)5624750, Fax: (727)6264766 www.MyClearwater.com CWUSnnyr, Rda'J MON tidr.Wb ahanahee CyW:ip-d Chanw? T2YCwaaAdmWYrDEbnbgnae•p. nq riY#be attFbd 61e:%ee EYms reMera Y,a, Tle ueeer•,ax7p NIM do eMb ir,ft N•a 1-My. A MyI As a# aurn. Fda OZ C*tlry a of r CN. 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U.S. HIGHWAY Outside City of Clearwater Zoning Atlas Mar 21, 2005 SW 114 of 5.29-15 258A • • 1 I_ _ 615.7-Ray Esplanade_ ( ?J? ?_ I -rry? 1111 r-T '- AY'kN ST. -?-- 14 r: 1, y I -?- FLD2005-03032 ,pv r..1 ACAr:N L' R ST, J ?- AIA d 1-1 - t • L ecad J. r I 1 U"Q 5 Le111 :.(iMCaR•r aT I•>e A 1 a? L tc,s i , ? ? ,I? o: w n1 1 r wlt nll ., r, ? ' ee V r?ir C 8R4c 3T. ` S ?mrce `»e?y J I? I• u re t x! L etcroua a s•. i r 1 LNt-e-. J 40YA- WAY `N)6E P 1101.,,Tv ST. Lmae ",• e - I p easy c , FQr AVAAX GT.'• C I I,Y , I I I n I' I, ' I, d LW1I?ANAY `? Ir, V.. I i i?• Y1, ? • T, 1 ?,?e?) • ? I ? A °k ? •?-TtI111f?, ?I -?r-? ?,.? III /' i £' I'• r- - _, to + - I y- -BAY :1•I ANME w OS/R e le + „ ? ?r i 1I I OS/R P 4C,gN'NAY ?T IL"-, r - 1 IL1,AS 1 r . w L, `M••? J J Ls• -- ------ ------ ---. ,?. T- - R AY! temp 1 sx 267A . earwater U PREPARED BY PUBLIC WORKS ADMINISTRATION ENGINEERING / GIS 100 S. 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DnM V•tlOP An• 4 City Owned Property Agreement to Annex - Annexation Deannexation Correction Rezoning E-_ ] SUB NUMBER (' - Rafer to PIED BLOCK NUMBER SUB PARCEL NUMBER C2--D PARCEL NUMBER (M95) LAND HOOK (COMMON OWNERSHIP) PLATTED SUBDNISICN BOUNDARY COUNTY HIGHWAY STATE HIGHWAY U.S. HIGHWAY Outside City of Clearwater Zoning Atlas Mar 21, 2005 SW 114 of 5.28-15 258A • • i"?:00 pin Case Number: ELD2005-00-- 657 BAY ESPLANADE Owner(s): Anthony Menna Po Box 41.89 Clearwater, Fl 33758-4189 TELEPHONE: 796-0021, FAX: No Fax, E-MAIL: No Email Representative: Housh Ghovaee 601 Cleveland Street Clearwater, Fl 33755 TELEPHONE: 727-443-2869, FAX: 727-446-8036, E-MAIL: nestech@mindspring.com Location: 0.348 acres on the south side of Bay Esplanade approximately 200 feet east of Poinsettia Avenue Atlas Page: 258A Zoning District: T, Tourist Request: Flexible Development approval to permit 12 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit a two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to building), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. Proposed Use: Attached dwellings Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com 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 Coral Resort Condominum Association(s): Clearwater, FI 33767 483 E Shore Drive TELEPHONE: 727-446-3711, FAX: No Fax, E-MAIL: coral483@aol.com. Presenter: Mark Parry, Planner III Attendees Included: Neil Thompson, Anne Blackburn, Scott Rice, Tom Glenn, Mike Reynolds The DRC reviewed this application with the following comments: General Engineering: 1 , 1. Public sidewalks adjacent to driveways shall comply with F.D.O.T. Index # 304 which requires use of trucated domes as warning surface. 2. Replacement of curb along the existing roads shall match existing curb. Compliance with the above conditions shall be indicated on the plans prior to C.D.B. approval. 3. A separate right-of-way permit will be required for all work within the right-of-way of any of the adjacent street(s) that are assigned to the city. See Don Melone (727)562-4798 in Room #220 at the MSB (Municipal Services Building). The above condition shall be met prior to the initiation of construction activities in a city street right-of-way. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: I . Underground Vaults are not allowed as water quality facilities. ( page 7 of the Storm Drainage Design Criteria for the City of Clearwater) -please revise- The City's standard requires the provision of treatment of 1/2 inch of rainfall. Development Review Agenda - Thursday, May 5, 2005 - Page 42 Fire: • U 1 . Ensure adequate water supply for fire fighting purposes. Please acknowledge PRIOR TO CDB. 2. WHERE UNDERGROUND WATER MAINS AND HYDRANTS ARE REQUIRED, THEY SHALL BE INSTALLED, COMPLETED AND, IN SERVICE PRIOR TO CONSTRUCTION AS PER NFPA 24 ].Please respond PRIOR TO CDB. Harbor Master: No Comments Legal: No Comments Land Resources: No Issues. Landscaping: 1 . The NORTH ARROW is facing west... Revise the plan to properly indicate the layout of the site on ALL sheets. Parks and Recreation: 1 . A Recreation Facility impact fee of $200 is due for each new residential unit prior to the issuance of building permit or final plat (if applicable) whichever occurs first. Credit will be given for any existing residential units. Contact Art Kader at 727-562-4824. Stormwater: I . Prior to building permit: 1) Demonstrate how roof and parking lot runoff will be directed through vault. Solid Waste: 1 . How will recycling be addressed, placement of containers Traffic Engineering: 1 . 1. Install a "Do not enter sign" where appropriate and include pavement directional arrows in whie paint to show internal flow of parking garage. 2. Will proposed condominium include a gate? If so, then face of gate must be 20' from the back edge of sidewalk. All of the above to be addressed prior to CDB. General note: Transportation impact fees of $876.00 to be paid prior to a C.O.. Multi-Family 11 du 1400 per du $15,400.00 Credit Condominium 13 du 1252 perdu $16,276.00 Fee TOTAL OWED : $16276 - $15400 = $876.00 Planning: Development Review Agenda - Thursday, May 5, 2005 - Page 43 FLD2005-03032 • 0 657 Bay Esplanade 1. On site plan, show width typical for parking spaces. 2. Indicate maximum building height. 3. Site data table: state the maximum number of residential units. 4. Aerial photo on cover sheet is not legible. The TDR application form has applicant entered information which is inconsistent. Information provided reads that 2 development rights are being transferred to the receiving site and that 4 development rights are being transferred from the sending site. There is a blank line (not answered) as to the number of development rights allocated to the transferring site. The site data table indicates that 2 TDR units are part of the total number of proposed residential units (13). 3 . What is the surface of the swimming pool deck? 4. Is this the final design of the swimming pool area? Will there be cabanas? 5 . The swimming pool should have close proximity to restrooms. Provide restrooms for this area of the site. 6. Label the site plan to show setback dimensional arrows for the trash staging area. 7. The trash staging area is not shown on the landscape plan. 8 . Label all outdoor lighting. 9. Consider landscaping at the pool area. 10. What is proposed for the existing docks (to remain?)? 11 . Proposed setback reductions are excesssive. Recommend site layout redesign to allow adequate setbacks. 12 . Change the site plan scale to 1 inch equals 10 feet. The existing scale is not easily readable. 13 . Document (show math) how the proposed density is computed. 14. How do residents access the swimming pool? 15 . Provide the height from base flood elevation to the top of the decorative covered roof area; 16 . I'irn a bit confused with the number of dwelling units proposed for the site and being transfered to the site. The site plan and application say there are 13 proposed dwelling units. There are 11 existing units. There are 10 permitted units. The TDR application says there are four units being transferred. The letter from Mr. Menna states that two units are being transfered in one part and two in another. All this needs to be reconcilled. I'm assuming that you are looking to termintation the status of nonconformity of the one extra unit and transfer the maxamimum density of 2 units (20 percent) for a total of 13 units. The criteria for a termination of status as a nonconformity needs to be submitted; 17. I've looked in our records and there is a current occupation license for seven dwelling units (rental) on 657 Bay Esplanade and nothing for 653 Bay Esplanade. The application claims 1 I dwelling units. I'll need evidence (water bill, electric bill) that shows 11 separate dwelling units otherwise the number of existing dwelling units remains at seven. Ten dwelling units are permited. The sender site (1.16 Brightwater Drive) has been developed with six dwelling units where ten are permitted which leaves four units available for transfer. The maximum amount of units that may be sent to the receiver site (657 Bay Esplanade) may not exceed 20 percent of the otherwise permitted number of units (10 units) or a maximum of two units. Given that the official number of dwelling units recognized by the City at this point is seven dwelling units (until shown otherwise through evidence outlined above) the maximum number of dwelling units permitted is 12 units. This all needs to be clarified (either by showing evidence that there are 11 units on the site) or revised in your application and supporting documents to show 12 not 13 dwelling units prior to CDB; 18 . Staff will recommend DENIAL of the application because: 1. The proposal is not in compliance with the "Old Florida District" of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses. 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7. 3. The proposal is not in compliance with other standards in the Code including the General. Applicability Criteria per Section 3-913.1 and 5. 4. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts. Development Review Agenda - Thursday, May 5, 2005 - Page 44 Other: 0 No Comments Notes: See Planning comments. • Development Review Agenda - Thursday, May 5, 2005 - Page 45 CDB Meeting Date: June 21, 2005 Case Numbers: FLD2005-03032 TDR2005-03019 Agenda Item: F-8 Owner: Anthony Menna - North Clearwater Beach Development, LLC. Keith Hardison, Managing Agent - Beach-Gulf Sands, Inc. Applicant: Anthony Menna, Managing Agent - Palazzo Clearwater Representative: Housh Ghovaee - Northside Engineering Services, Inc. Address: 657 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. EXISTING ZONING/ LAND USE: Tourist (T) District/Resort Facility High (RFH) Category; PROPERTY SIZE: 0.348 acres PROPERTY USE: Current Use: Attached dwellings (seven apartment units) Proposed Use: Attached dwellings (13 condominium units) Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 1 of 11 r? • ADJACENT ZONING/ North: Tourist; Attached dwellings LAND USES: East: Tourist; Attached dwellings South: Preservation; Clearwater Harbor West: Tourist; Attached dwellings CHARACTER OF THE IMMEDIATE VICINITY: The surrounding area is a mixture of attached dwellings and overnight accommodation uses. ANALYSIS: Site Location and Existing Conditions: The site consists of 0.348 acres on the south side of Bay Esplanade approximately 200 feet east of Poinsettia Avenue. The site has 132 feet of frontage on Bay Esplanade. The parcel is zoned Tourist (T) District and is currently developed with seven attached dwelling units where 10 are permitted by the Resort Facilities High (RFH) future land use plan classification (FLUP). The site includes three one-story buildings and is accessed via a single driveway along Bay Esplanade which spans the width of the property. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida District". The immediate vicinity is almost entirely composed of attached dwellings (duplexes and triplexes) and single-family dwellings farther to the north. Structures in the area vary in height between one and three stories. Within this section of Bay Esplanade are three approved condominium developments, La Risa I, located at 650 Bay Esplanade, is 69.5 feet in height, La Risa II, located at 669 Bay Esplanade, is 52 feet in height and 665 Bay Esplanade, is 59 feet in height. Proposal: The proposed building will have five living floors (64 feet from BFE [base flood elevation] to roof deck), with floors two through four containing three dwellings each and floors five and six containing two dwelling unites each. All five living floors will include approximately 6,600 square feet of livable space. The living units will be a mix of two-, three- and four- bedrooms. Elevators, located centrally along the north facade of the building, will provide access to the units. Two stairwells, also located centrally along the north facade, are adjacent to the elevator shafts. Sidewalks will be constructed within the rights-of-way of Bay Esplanade for pedestrian safety, where no sidewalks presently exist. Amenities for the proposal include a swimming pool and at the southeast corner of the site the. Parking and a solid waste staging area will be located on the ground floor. The applicant is not proposing any signage at this time. The proposal also includes a termination of status of nonconformity to permit a total of 11 existing dwelling units to remain on the site where 10 dwelling units are permitted. The site is located within the RFH FLUP category, which permits up to 30 dwelling units per acre, and is 0.348 acres. Therefore the site is permitted up to 10 dwelling units. The site has been developed with 11 dwelling units. The applicant desires to maintain the 11 existing dwelling units on the site and then transfer two additional dwelling units to the site for a total of 13 proposed dwelling units (see transfer of development rights analysis below). The termination of status of nonconformity criteria Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 2 of 11 0 0 including meeting perimeter buffer requirements, providing required landscaping for off-street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code are met with this proposal. Beach by Design regulates development within certain areas of the beach. Beach by Design calls for renovation and revitalization of existing improvements with limited new construction where renovation is not practical. The site is located within the "Old Florida District" of Beach by Design where the preferred form of development includes low- to mid-rise new single-family dwellings and townhomes. The Planning Department interprets mid-rise as maximum of 50 feet based on the height standards in the Medium Density Residential (MDR), Tourist (T) and High Density Residential (HDR) districts. The immediate vicinity is composed of attached dwellings, small motels and condominiums. Building styles generally resemble architecture from the 1950's and appear to have been progressively expanded. The proposed height (64 feet to roof deck; 67.5' feet overall from BFE) of the building and the form of development (condominium) are inconsistent with the preferred development type and permitted height of the "Old Florida District". The height is also inconsistent the majority of existing buildings in the area. Staff has found instances within the "Old Florida District" of Beach by Design where developments approved by the Community Development Board, with Staff support, have and are dramatically changing the character of the area. These changes have generally not been consistent with the vision and requirements of the "Old Florida District" of Beach by Design. Due to these conditions, Staff has taken a more conservative approach to development within the Beach by Design plan area, especially related to building height and type of use, and, therefore, cannot support the height and the condominium use requested for this project. This proposal is inconsistent with the "Old Florida District" of Beach by Design with regard to height (64 feet to roof deck and 67.5' feet overall from BFE) where low- to mid-rise buildings are required and type of use (condominium where single-family or townhomes are required). As such, the proposal does not meet the following Comprehensive Infill Redevelopment Project criteria: 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof; 67.5' feet overall from BFE) is necessary for the development of the site. 2. The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5' feet from BFE is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida District" of Beach by Design. The proposed condominium use is not compatible with adjacent land uses. Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 3 of 11 I The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. 4. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE. 5. 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. The applicant has not clearly shown that an overall height of 67.5' feet from BFE provides a benefit to the community character and the immediate vicinity of the property. The proposal will result in a building out of scale with the site on which it will be located. Additionally, the proposal does not meet the following General Applicability (3-913.1 & 5) criteria: 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5' feet (64 feet to roof deck from BFE). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design and will result in a building out of scale with the site on which it will be located. 2. Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units. Transfer of Development Rights: This proposal includes the Transfer of Development Rights (TDR) of two dwelling units to this site from 116 Brightwater Drive. The maximum number of permitted units for 116 Brightwater Drive is 10 dwelling units. The site has been developed with six dwelling units therefore, an excess of four unused dwelling units exists. The maximum number of dwelling units permitted on 657 Bay Esplanade is 30 dwelling units per acre or 10 dwelling units (0.378 acres by 30). The maximum number of units permitted to be transferred to 657 Bay Esplanade is 20 percent of the otherwise permitted number of dwelling units (10 dwelling units) or two dwelling units. The applicant is proposing a termination of status of nonconformity to permit the 11 existing dwelling Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 4 of 11 • • units to remain where 10 units are permitted. The total number of proposed dwelling units for the subject site is 13 dwelling units. The Code, under the provisions of Section 4-1403.E.3, and Beach by Design allows the use of TDRs provided both the sender and receiving sites are located within the Beach by Design redevelopment area. The proposal is in compliance with the Plan policy regarding TDRs and with the TDR criteria per Section 4-1402. The proposal is not in compliance with the following standards and criteria set forth in Community Development Code Section 4- 1403. 1. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. 2. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE and will result in a development out of scale with the surrounding neighborhood. Code Enforcement Analysis: There are no outstanding enforcement issues associated with this site. CnMPLIANCF WITH gTANDARDq AND CRITERTA! (geetinn% 2-R01 and 2-RO4_Fl- Standard Proposed Consistent Inconsistent DENSITY (30 dwelling units per 13 dwelling units X* acre; 10 dwelling units IMPERVIOUS SURFACE RATIO 0.77 X 0.95 max LOT AREA (5,000 - 0.348 acres; 15,175 square feet x 10,000 s q. ft. LOT WIDTH (50 - 132 Feet x 100 feet FRONT SETBACK North: 32 feet (to building); five feet (to (0-15 feet) paving); three feet (to dumpster staging X* area ; Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 5 of 11 0 0 SIDE SETBACK East: 10 feet (to building); seven feet (to (0-10 feet) pavement); zero feet to pool deck; eight X feet (to pool) West: 10 feet (to building); three feet (to trash staging area) REAR SETBACK South: 0 feet (to pool deck); eight feet (to X* 10-20 feet ool ; 10 to building) HEIGHT (35 feet 64 feet above BFE (to roof deck); max) An additional 42 inches feet to perimeter parapets (from roof deck); an additional X* six feet to elevator shaft/stair tower (from roof deck) 67.5' feet overall height from BFE PARKING SPACES (1.5 spaces per unit; 25 spaces (1.92 spaces per unit) X 20 spaces) * See discussion under Analysis. COMPLIANCE WITH COMPREHENSIVE INFILL PROJECT FLEXIBILITY CRITERIA (Section 2-803.C): Consistent Inconsistent 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from X* the use, intensity and development standards 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project will not reduce the X fair market value of abutting properties. 3. The uses within the comprehensive infill redevelopment X project are otherwise permitted in the City of Clearwater. 4. The uses or mix of uses within the comprehensive infill j X* acent land uses. redevelopment project are compatible with ad 5. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the X* immediate vicinity of the parcel proposed for development. 6. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of X* the parcel proposed for development and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for X* development and the City of Clearwater as a whole. Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 6 of 11 U 8. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the X immediate vicinity of the parcel proposed for development. 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. X * See discussion under Analysis. COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS (Section 3-913): Consistent Inconsistent 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. X* 2. Development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the X value thereof. 3. Development will not adversely affect the health or safety of persons residing or working in the neighborhood. X 4. Development is designed to minimize traffic congestion. X 5. Development is consistent with the community character of the immediate vicinity. X* 6. Design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of X operation impacts on adjacent properties * See discussion under Analysis. COMPLIANCE WITH TRANSFER OF DEVELOPMENT RIGHTS STANDARDS (Section 4-1403): Consistent Inconsistent 1. The development of the parcel proposed for development X rty. will not reduce the fair market value of abutting ro e 2. The uses within the project are otherwise permitted in the City of Clearwater. X 3. The uses or mix of uses within the project are compatible with adjacent land uses. X 4. The development of the parcel proposed for development will upgrade the immediate vicinity of the parcel proposed X* for development. 5. The design of the proposed project creates a form and function which enhances the community character of the X* immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. * See discussion under Analysis. Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 7 of 11 0 0 COMPLIANCE WITH TERMINATION OF STATUS AS A NONCONFORMITY RTANTMRnC Ni rtinn 6-1091- Consistent Inconsistent 1. Perimeter buffers conforming to the requirements of Section X 3-1202(D) shall be installed. 2. Off-street parking lots shall be improved to meet the X landscaping standards established in Section 3-1202(E). 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory use located on the lot shall be X terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to satisfy the requirements of this X section. SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on May 5, 2005. The Planning Department recommends DENIAL of the Flexible Development application to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit a two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109 based upon the following recommended findings of fact and recommended conclusions of law: Recommended Findings of Fact: 1. Subject property, 0.348 acres, is within the Tourist (T) District/Resort Facilities High (RFH) Future Land Use Plan classification; 2. Currently the site developed with 11 attached dwelling units; 3. The site is permitted 10 dwelling units (30 dwelling units per acre); 4. The site is overdeveloped by one dwelling unit requiring a termination of status of nonconformity to permit that additional dwelling unit to remain on the site; 5. A transfer of development rights is required to provide two additional dwelling units for a total of 13 dwelling units; Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 8 of 11 0 0 6. Adjacent uses are zoned Tourist District developed with multi-family dwellings generally between one and three stories in height, surrounding area a mixture of attached dwellings and overnight accommodations; 7. The site is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida District"; 8. Beach by Design specifies a preferred form of development as low- to mid-rise new single- family dwellings and townhomes, with mid-rise interpreted as maximum of 50 feet based on the height standards in the Tourist (T) District; 9. The proposed structure height is 64 feet to roof deck; 67.5' feet overall from Base Flood, Elevation (BFE) including height gained by the elevator shafts and architectural embellishments; 10. There are no pending Code Enforcement issues with these sites; 11. Staff finds the proposal does not meet the following General Applicability criteria (section 3- 913: a) Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. The proposal includes a building with an overall height of 67.5' feet (64 feet to roof deck from BFE). The proposed height is inconsistent with the majority of the buildings in the neighborhood and is inconsistent with the "Old Florida" District" of Beach by Design; b) Development is consistent with the community character of the immediate vicinity. The development is inconsistent with the community character of the immediate vicinity which consists primarily of buildings less than 50 feet in height and the preferred type of development in this area is single family dwellings and townhome units. 12. Staff finds the proposal does not meet the following Comprehensive Infill Redevelopment criteria (Section 2-803.C): a) The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the intensity and development standards. Staff agrees that the requested reduction in rear setback and minimum lot width is warranted given the size and shape of the lot and historical development patterns in the area. However, the applicant has not shown how the increase in height from 30 feet to 64 feet (to roof; 67.5' feet overall from BFE) is necessary for the development of the site. In addition, the proposed setbacks reductions will result in a building out of scale with the character of the area an out of scale with regard to the parcel on which it will be sited. b) The uses within the comprehensive infill redevelopment project are compatible with adjacent lands uses. The proposed overall building height of 67.5' feet from BFE is taller than most surrounding buildings and is inconsistent with the requirements of the "Old Florida District" of Beach by Design. The proposed condominium use is not compatible with adjacent land uses. c) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots further eroding the vision of the "Old Florida District" of Beach by Design and will result Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 9 of 11 • • in a building out of scale with surrounding buildings and out of scale with the parcel on which it will be located. d) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet. e) 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. While the reduction in lot width are warranted given the pie shape of the site and the existing development pattern within the neighborhood, the proposed height is not consistent with Beach by Design. The increase in height and the reduction in the side (east) and rear (south) setbacks will result in a building out of scale with the lot on which the building will sit and with the surrounding area. The applicant has not clearly shown that an overall height of 67.5' feet from BFE and a decrease in setbacks provides a benefit to the community character and the immediate vicinity of the property. 13. Staff finds that the proposal does not meet the following Transfer of Development Rights per Section 4-1403: a) The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. The proposal continues the current trend of oversized buildings on small lots with reduced setbacks (which further emphasize the over-sized scale of the building with regard to both the lot on which the building is located and the surrounding neighborhood) further eroding the vision of the "Old Florida District" of Beach by Design and will result in a building out of scale with surrounding buildings. b) The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. The design of the building is out of scale with surrounding buildings most of which are one to three stories in height, well below the proposed overall height of 67.5' feet as measured from BFE. The reduction in setback in combination with the reduction in lot width and increase in building height result in a development out of scale with the surrounding neighborhood. 14. The proposal meets the requirements for a termination of status of nonconformity per Section 6-109 to permit 11 dwelling units where 10 units are allowed. 15. The proposal does not meet the requirements of the Public Works Administration does not allowed underground vaults as water quality facilities per page seven of the Storm Drainage Design Criteria for the City of Clearwater except when specifically approved by the City Engineer based on adequate justification. This justification has not been submitted. 16. The proposal does not meet the requirements of the Solid Waste Department where the submittal does not indicate where recycling carts will be placed or if recycling will be offered to residents. Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 10 of 11 0 0 17. The proposal does not meet the requirements of the Fire Department where the applicant must demonstrate that an adequate water supply for fire fighting purposes is present. Recommended Conclusions of Law: 1. The proposal does not comply with the "Old Florida District" of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses. 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7. 3. The proposal does not comply with other standards in the Code including the General Applicability Criteria per Section 3-913.1 and 5. 4. The proposal is in compliance with the criteria for a termination of status of nonconformity per Section 6-109. 5. The proposal is not in compliance with the criteria for a Transfer of Development Rights per Section and 4-1403.4 and 5. 6. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts. 7. The development is in compliance with Section 4-1402. 8. The proposal does not comply with requirements of the Fire and Solid Waste Departments and the Public Works Administration. Prepared by: Planning Department Staff: Mark T. Parry, Consulting anner ATTACHMENTS: Aerial Photograph of Site and Vicinity Location Map Future Land Use Map Zoning Atlas Map Application S: (Planning DepartmentlC D BIFLEX (FLD)IPending caseAQp./or the next DRCIBay Esplanade 657 -Palazzo Clearwater (T) - MTPIBay Esplanade 657 Staff Report. doe Staff Report - Community Development Board -June 21, 2005 Case FLD2005-03032 - 1 1 of 11 ?.q m IX. DOCKS TO REMAIN p?va X c N CD N OI1 W E 7W 1.4' COM?S "ALL N 00"9705' E 4780' / 0 0 0 •••o • • o••••o • o o •o •• •o 0 e i V? a? a ? I N F BAY ESPLANADE 60' RIGHT-OF-WAY 0::? - b ? ?h b oo S N P A ei $ lnade)\0?--05 Sumittal\Site 07-1 2-05.dwg, 8/1 I:I6:55 PM, \\FiL Y:\2005 AutoCAD Projects\0520 Menna (Bay Es I I i N MW E 7683 tic MR»''.LL N 00"3705' E 4790' 4iYd ? S ? { ? CIE ? a ?. r O ? z . ? Viz;: U r; FYI ri O { w A 24 5' fo f [' 3 007T25' W 8695' 3 78' W 66.09' i, a _ y W E • 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, June 21, 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. (Cont from 05-17-05) Skiff Point of Clearwater, LLC is requesting Flexible Development approval to permit 15 attached dwelling units with reductions to the front (east) setback from 25 ft to 15 ft to building and from 25 ft to 3 ft to pavement; a reduction to the side (north and south) setbacks from 10 ft to 6.5 ft to building and 5 ft to parking; a reduction to the rear (south) setback from 15 ft to zero ft to pool deck, 5 ft to pool and 7.5 ft to parking; and an increase in height from 30 ft to 49 ft to roof deck and additional 4 ft for parapet (from roof deck to top of parapet) and an additional 16 ft for elevator overrun (from roof deck), as a Residential Infill Project, in the Island Estates Neighborhood Conservation Overlay District (IENCOD)/Medium High Density Residential QvH-IDR) District under the provisions of Sec. 2-404.F and 2-1602. C and H. (Proposed Use: Attached dwellings (15 dwelling units) at 200 and 201 Skiff Point, Island Estates of Clearwater Unit 5-A, Lots 35 & 36. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-01012 2. Brightwater Cove, LLC is requesting (1) Flexible Development approval to permit 9 attached dwellings (townhomes) with a reduction to the side (east) setback from 10 ft to 6 ft (to building), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2- 803.C, as an amendment to a previously approved Comprehensive Infill Redevelopment Project (Case No. FLD2003-02007 [which permitted attached dwellings within the Tourist District with reductions of the side (east and west) setbacks from 10 ft to 7 ft and 6 ft, respectively, (to building), reduction in the rear (north) setback from 20 ft to zero ft (to pavement) and 13 ft (to pool) and to permit parking that is designed to back into the public right-of-way, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-803.C]); and (2) Preliminary Plat for the replatting of 9 townhome lots. [Proposed Use: Attached dwellings (9 townhomes)] at 130 Brightwater Dr, Brightwater Cove No. 2, Lot 1. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2003-02007A/PLT2005-00013 3. Del Mar Development, LLC (Rob Szasz) are requesting Flexible Development approval to permit a 322.5 sq-ft addition to a previously approved 497 sq-ft multi-use dock for a total of 14 slips (10 existing; 4 proposed), under the provisions of Sec. 3-601. (Proposed Use: Dock addition to a condominium project) at 1860 N Ft Harrison Ave, Villa Del Mar of Clearwater Condo Unit 106. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-03025 4. Clearwater Retail Partners, LLC is requesting Flexible Development approval to permit retail sales and services with a reduction to the front (west along US Highway 19 N) setback from 25 ft to 17.17 ft (to pavement), reductions to the side (north) setback from 10 ft to 5.59 ft (to building) and from 10 ft to 9.5 ft (to pavement), a reduction to the side (south) setback from 10 ft to 5.21 ft (to pavement), a reduction to the rear (east) setback from 20 ft to zero ft (to pavement), increases to building height of an additional 6 ft for perimeter parapets (from roof deck - roof 0 0 deck at 18.67-ft height) and an additional 13.83 ft for architectural embellishments (from roof deck) and a deviation to allow direct access to a major arterial street (US Highway 19 N), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec. 2-704.C; and a reduction to the interior landscaping requirement from 10 percent to 6.8 percent, as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G. (Proposed Use: Retail sales and services (7,350 sq ft) at 18419 US Hwy 19 N, Sec. 20-29-16, M&B 33.04. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-02017 5. Adelheid Hanghofer & Ocean Breeze, LLC are requesting (1) Flexible Development approval to permit 14 attached dwellings in the Medium High Density Residential (MHDR) District and the Tourist (T) District with a reduction to lot area in the MHDR District from 15,000 sq ft to 8,700 sq ft and in the T District from 10,000 sq ft to 8,700 sq ft, a reduction to lot width in the MHDR District from 150 ft to 100 ft, reductions to the front (north along Somerset Street) in the MHDR District from 25 ft to 13.67 ft (to building) and from 25 ft to zero ft (to trash staging area) and in the T District from 15 ft to 13.67 ft (to building), a reduction to the front (east along Mandalay Avenue) in the T District from 15 ft to 10 ft (to building), an increase to building height in the MHDR District from 30 ft and in the T District from 35 ft to 50.25 ft (to roof deck) with perimeter parapets of 5.25 ft (from roof deck) and rooftop, open pavilions of 11.75 ft (from roof deck) and to allow a building within the required sight visibility triangles, as a Residential Infill Project in the MHDR District, under the provisions of Sec. 2-404.F and 2-803.B; (2) Reduction to the landscape buffer along Somerset St from 10 ft to zero ft (to trash staging area), as a Comprehensive Landscape Program, under the provisions of Sec. 3-1202.G; and (3) Transfer of Development Rights (TDR2005-01016) of 2 dwelling units to this site from 200 Brightwater Dr, under the provisions of Sec. 4-1402. [Proposed Use: Attached dwellings (14 condominiums)] at 19 & 21 Somerset St, Clearwater Beach Rev Blk 2, lots 6-9. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-01006/TDR2005-01016 6. Warner Hospitality, Scott A Warner, & Patricia A Kellan (Newkirk Ventures, Inc.) are requesting (1) Termination of Status of Nonconformity for density (16 existing attached dwelling units; 16 attached dwelling units proposed), under the provisions of Sec. 6-109; and (2) Flexible Development approval to permit 16 attached dwellings with reductions to the front (south) setback from 15 ft to 9 ft (to pavement) and from 15 ft to 3 ft (to trash staging area), reductions to the side (east) setback from 10 ft to 7.8 ft (to building) and from 10 ft to 5 ft (to pavement), reductions to the side (west) setback from 10 ft to 8.5 ft (to building) and from 10 ft to 5.3 ft (to pavement), a reduction to the rear (north) setback from 20 ft to 10 ft (to building and pavement) and an increase to building height from 35 ft to 87.3 ft (to roof deck) with perimeter parapets of 5.67 ft (from roof deck), under the provisions of Sec. 2-803.B. [Proposed Use: Attached dwellings (16 condominiums)] at 706 Bayway Blvd, Bel Crest Condo Units 1 & 17. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-03031 7. Clara & Dorothy Boldog, Americana Gulf Motels, Ltd, Ptr, Lucca Development, LLC, Thomas J & Stasia Wilk, & US-Euro-Trade, Inc. are requesting Flexible Development approval to permit attached dwellings in the Tourist District (Parcels A and B) and an increase in height from 30 ft to 148 ft (as measured from base flood elevation to the roof deck) (Parcel A), an increase in the height of a parapet wall from 30 inches (2.5 ft) to 7 ft (Parcel B), permit a building within the required sight visibility triangles along Coronado Drive and 5`h Street and an increase in height from 30 ft to 64 ft (as measured from base flood elevation to the roof deck) (Parcel B) as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec. 2-803.C., a Termination of the status of a nonconformity (equivalent of 119 hotel units [116 hotel units and 3 dwelling units] where 93 hotel units are permitted) within the Tourist District under the provisions of Sec. 6-109.C (Parcels A, B and C), Preliminary Plat and a Transfer of Development • • Rights (TDR2005-03020) of 18 hotel units from 401 Coronado/406 Hamden Drives (donor site) to 325 South Gulfview Blvd (receiver site - Parcels A, B and C) under the provisions of Sec. 4- 1402 and 4-1403. [Proposed Use: Attached dwellings (102 units)] at 325 S Gulfview Blvd, 326, 345, 347 & 353 Coronado Dr, & 346 Hamden Dr, Lloyd-White-Skinner Sub, Lots 63-66, & 112-117, Columbia Sub No 2 Blk A, Lots 12-14, & Collumbia Sub No 3 Lots 8, 9 & 9A. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-02021/TDR2005- 03020/PLT2005-00010 8. Harold Barian (Dave Smart) are requesting Flexible Development approval to reduce the front (north) setback from 25 ft to 17 ft (to pavement), under the provisions of Sec. 2-404, to reduce the front (north) landscape buffer from 15 ft to 7 ft and reduce the front (west) landscape buffer from 10 ft to 5 ft as part of a Comprehensive Landscape Program under the provision of Sec. 3-1202.G. and a Preliminary Plat. [Proposed Use: Attached dwellings (10 townhome units)] at 1413 Sunset Pt Rd & 1871 Kings Hwy, Brentwood Estates Lots B & C. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-03026/PLT2005-00009 9. Beach & Gulf Sands, Inc., & North Clearwater Beach Development (Anthony Menna) are requesting Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 ft to 64 ft (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit 2 parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 ft to 5 ft (to pavement) and 3 ft (to trash staging area), reduction in the side (east) setback from 10 ft to zero ft (to pool deck), 10 ft (to pool) and 7 ft (to building), reduction in the side (west) setback from 10 ft to 3 ft (to trash staging area) and a reduction the rear (south) setback from 20 ft to zero ft to pool deck, 8 ft (to pool) and 10 ft (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec. 2-803.C., Transfer of Development Rights (TDR2005-03019) of 2 dwelling units from 116 Brightwater Dr (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sec. 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Sec. 6-109. [Proposed Use: Attached dwellings (13 condominium units)] at 657 & 663 Bay Esplanade, Mandalay Unit No 5 Replat Blk 77, Lots 4 & 5. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-03032/TDR2005-03019 10. Beckett Lake Lodge is requesting Flexible Development approval to permit the transfer of 1 dwelling unit (TDR2005-04021) from the portion of the subject site within the Preservation (P) district and Preservation (P) future land use plan (FLUP) category to a portion of the site within the Medium Density Residential (MDR) district and Residential Low Medium (RLM) FLUP category under the provisions of Sec. 4-1402 - 1403 and to allow an assisted living facility on the site located at 2271 Montclair Rd as a Residential Infill Project without fronting on a major arterial street approved by the Community Development Board on March 21, 2000) by expanding the number of beds from 144 beds to 180 beds, reduce the front (north) setback from 25 ft to 23 ft, not providing a landscaped wall or fence which will screen parking from adjacent parcels of land as required by Sec. 3-304.A.2 and a reduction in the required number of parking spaces from 90 spaces (1 space per 2 residents) to 72 spaces (1 space per 2.5 residents), as a Residential Infill Project, under the provisions of Sec. 2-304.G.. (Proposed Use: 180-bed Assisted Living Facility) at 2155 Montclair Rd, Sec. 01-29-15, M&B 14.01. Assigned Planner: Mark T. Parry, Consulting Planner FLD2005-03030 11. Boos Development Group, Inc (Boos Florida Development, LLC, Robert B Boos) are requesting Flexible Development approval to permit a fence\wall 6 ft in height within the front (north and south) setbacks along East Palmetto and Marilyn Streets, respectively on a property 0 0 within the Medium High Density Residential District (MHDR) (pending case ANX2005-03009), under the provisions of Sec. 3-804.A.1. (Proposed Use: 144 attached dwellings) at 2077 E Palmetto St & 2093 Palmetto St, Pinellas Groves SE '/4, Lots 3-4, 12-14, & Part of Lot 5. Assigned Planner: Mark T. Parry, Consulting Planner FLD2005-03028 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning 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 witnesses, 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 all 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 City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. Cynthia E. Goudeau, CMC City Clerk 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 (727) 562-4093 WITH THEIR REQUEST. 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1330 THOMPSON, MICHAEL S THOMPSON, MARIA BRENDON FEN POND RD IGTHEHM NEAR SEVEN OAKS KENT TN15 9JE 00003- GREAT BRITAIN TSETSE LLC 5210 WEBB RD TAMPA FL 33615 - 4518 WAGNER, LARRY H THE 240 WINDWARD PSE # 1202 CLEARWATER FL 33767 - 2249 WHITEHURST, DON R 1801 SE US HIGHWAY 19 CRYSTAL RIVER FL 33767 - 1815 WICKY, JERRY E WINCHESTER, GARY WOSCHITZ, EVA THE WICKY, BETTY W WINCHESTER, PAMELA 302 POINSETTIA LAND TRUST PO BOX 1191 17111 HANNA RD 10 COURTWOOD PL OLDSMAR FL 34677 - 1191 LUTZ FL 33549 - 5666 TORONTO ON M2K 1Z9 00030 - CANADA 0 0 ` ? x r r s'?.rr lam,. , -?.fqrR•%r 0a0,0 LONG RANGE PLANNING DEVELOPMENT REVIEW CITY ®F LEARWATER PLANNING DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4576 June 23, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street Clearwater, FL 33755 RE: Community IWVaM1JM Eon Board Meeting regarding application for Flexible Development approval (FLD2005-003?). Dear Mr. Ghovaee: The Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. The meeting will take place on July 19, 2005 at 1:00 p.m. in the City Commission Chambers, 3Td floor of City Hall at 112 South Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4558. Sincerely, Mark T. Parry Consulting Planner S: IP/anning DepartmentlC D BIFLEX (FLD)IPending casesWp for the next CDBIBay Esplanade 657 Palazzo Clearwater (T) - MTPIBay Esplanade 657 CDB Letter If. doc BRIAN J. AUNGS f, MAYOR FRANK HIBBARD, VICE MAYOR HOYr 1-AmILTON, COUNCIUMEMBER BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" -3 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, June 21, 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. Beach & Gulf Sands, Inc., & North Clearwater Beach Development (Anthony Menna) are requesting Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 ft to 64 ft (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit 2 parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 ft to 5 ft (to pavement) and 3 ft (to trash staging area), reduction in the side (east) setback from 10 ft to zero ft (to pool deck), 10 ft (to pool) and 7 ft (to building), reduction in the side (west) setback from 10 ft to 3 ft (to trash staging area) and a reduction the rear (south) setback from 20 ft to zero ft to pool deck, 8 ft (to pool) and 10 ft (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec. 2-803.C., Transfer of Development Rights (TDR2005-03019) of 2 dwelling units from 116 Brightwater Dr (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sec. 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Sec. 6-109. [Proposed Use: Attached dwellings (13 condominium units)] at 657 & 663 Bay Esplanade, Mandalay Unit No 5 Replat Blk 77, Lots 4 & 5. Assigned Planner: Mark T. Parry, Consulting Planner. FLD2005-03032/TDR2005-03019 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning 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 witnesses, 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 all 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 DelkL""- Planning Director City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 NOTE: Applicant or representative must be present at the hearing. Cynthia E. Goudeau, CMC City Clerk YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN OFFICIAL RECORDS AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL (727) 562-4093 WITH THEIR REQUEST. Ad: 06/05/05 C?? Z?-? ?L, c ?t x \??>, l? w c? s w? ?l C?' -kA 117 (? ?.+51?-?? L4 7?04'k K JUN i 4 2005 PLANNING & DEVELOPMENT SERVICES Crv OF CLEARWATER 08 5TH ST LLC 166363 ONTARIO LTD AIELLO, ITALO 1 1 152 CLARENDON ST RUFFOLD, LILIA 9 SUNSET IRET FL BAY Y 33756 DR DR - SOUTHAMPTON ON NOH 21-0 00030 - 93 CORNELIUS PKWY CANADA TORONTO ON M6L 2K6 00030 - CANADA ALBRECHT,YVETTE 16 ASHENDEN WALK FARNHAM COMMON BUCKS SL2 3UF 00009 - UNITED KINGDOM AMERPOL HOTELS & MOTELS INC 669 MANDALAY AVE CLEARWATER FL 33767 - 1523 ANDRESON,DEAN ANDRESON,ANN 2046 BRENDLA RD CLEARWATER FL 33755 - ARDENT INTERNATIONAL LTD LIABI 2840 EAST BAY DR # 363 LARGO FL 33771 - 2408 BAY ESPLANADE AT CLEARWATER BE 2110 DREW ST # 100 CLEARWATER FL 33765 - 3231 BEACH & GULF SANDS INC 657 BAY ESPLANADE CLEARWATER FL 33767 - 1515 BOERNER, SUSANA B 112 S LAUBER WAY TAMPA FL 33609 - 2615 CAPRI MOTEL CONDO ASSN 55 SOMERSET ST # 3 CLEARWATER FL 33767 - 1546 ARMBRUSTER, JOHN 661 POINSETTIA AVE # 209 CLEARWATER FL 33767 - 1535 BAY ESPLANADE 617 BAY ESPLANADE CLEARWATER FL 33767 - 1617 BEARDSLEY, JAMES M 15 MAYFAIR LN BUFFALO NY 14201 - 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3504 ROYAL NORTH BEACH LLC 5560 BATES ST SEMINOLE FL 33772 - SILLASEN, SEAJAYE 12313 W LOUISIANA AVE LAKEWOOD CO 80228 - SOBOLESKI, JAMES W 191 DEVON DR CLEARWATER FL 33767 - SPRING TIDE INVESTMENTS II LLC 622 BYPASS DR STE 100 CLEARWATER FL 33764 - BRYAN J STANLEY THOMPSON, MICHAEL S THURMOND, WILLIAM H , THOMPSON, MARIA THURMOND CAROL H 114 TURNER ST BRENDON FEN POND RD IGTHEHM , PO BOX 478 CLEARWATER FL 33756 - NEAR SEVEN OAKS NEW ELLENTON SC 29809 - 0478 KENT TN15 9JE 00003- GREAT BRITAIN TSE TSE LLC TSETSE LLC VASILOUDES, PANAYIOTIS 610 MANDALAY AVE 5210 WEBB RD VA VASILOUDES, HELEN CLEARWATER FL 33767 - TAMPA FL 33615 - 4518 BAY ESPLANADE 767 C LEARWATER FL 33767 - VERBAN,STEVE VERBAN, HELEN K 55 SOMERSET ST CLEARWATER FL 33767 - 1546 WAGNER, LARRY H THE 240 WINDWARD PSE # 1202 CLEARWATER FL 33767 - 2249 WALLACE, A BARBARA 606 CYPRUS AVE CLEARWATER FL 33767 - 1620 WHITE, ANDREA P 55 SOMERSET ST # 4 CLEARWATER FL 33767 - 1546 WINCHESTER, GARY WINCHESTER, PAMELA 17111 HANNA RD LUTZ FL 33549 - 5666 WHITEHURST, DON R 1801 SE US HIGHWAY 19 CRYSTAL RIVER FL 33767 - 1815 WOSCHITZ, EVA THE 302 POINSETTIA LAND TRUST 10 COURTWOOD PL TORONTO ON M2K 1Z9 00030 - CANADA WICKY, JERRY E WICKY, BETTY W PO BOX 1191 OLDSMAR FL 34677 - 1191 FLD2005-03032 0 0 ?a1 mow. LONG RANGE PLANNING DEVELOPMENT REVIEW CITY A. C-LEARWATPER. PLANNING DEPART MENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 May 26, 2005 Mr. Housh Ghovaee Northside Engineering 601 Cleveland Street Clearwater, FL 33755 t Board Meeting regarding application for Flexible Development RE: Communit AvkKV" approval (134 .Q5?Q 32). Dear Mr. Ghovaee: The Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in height from 35 feet to 64 feet (as measured from base flood elevation to the roof deck), an increase in the height of a parapet wall from 30 inches to 42 inches, permit two parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), reduction in the side (east) setback from 10 feet to zero feet (to pool deck), 10 feet (to pool) and seven feet (to pavement), reduction in the side (west) setback from 10 feet to three feet (to trash staging area) and a reduction the rear (south) setback from 20 feet to zero feet to pool deck, eight feet (to pool) and 10 feet (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C., Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sections 4-1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Section 6-109. The meeting will take place on June 21, 2005 at 1:00 p.m. in the City Commission Chambers, 3?a floor of City Hall at 112 South Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562-4558. Sincerely, Mark T. Parry Consulting Planner S: (Planning DepartmentICD BIFLEX (FLD)Wending cases)Up for the next DRCIBay Esplanade 657- Palazzo Clearwater (7) - MTPIBay Esplanade 657 CDB Letter. doc BRIAN J. ALINGSC, MAYOR FRANK HIBHARD, VICE MAYOR HOYr Hr\IILTON, COUNCILMENIBER BILL JONSON, COUNCILMEIMMER CARLEN A. Pr'I'LRSrN, COUNCIL NIENIBER "EQUAL. EMPLOYDIENT AND AFFIRMATIVE ACTION EMPLOYER" A- 0 Clearwater Fax Cover Sheet 0 City of Clearwater Planning Department. 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Telephone: (727) 562-4567 Fax: (727) 562-4865 To: Northside Engineering Doreen Fax: 727-446-8036 Phone: 727-443-2869 From: Sherry Watkins Date: 05/2/2005 Subject: DRC Comment & Meeting Time 2:OOPM Message: Number of pages including cover sheet ;¢rp??9?, `mss 40conditions Associated With FLD2005-03032 't 657 BAY ESPLANADE Engineering Condition Steve Doherty 562-4576 04/27/2005 1. Public sidewalks adjacent to driveways shall comply with F.D.O.T. Index # 304 which requires Not Met use of trucated domes as warning surface. 2. Replacement of curb along the existing roads shall match existing curb. Compliance with the above conditions shall be indicated on the plans prior to C.D.B. approval. 3. A separate right-of-way permit will be required for all work within the right-of-way of any of the adjacent street(s) that are assigned to the city. See Don Melone (727)562-4798 in Room #220 at the MSB (Municipal Services Building). The above condition shall be met prior to the initiation of construction activities in a city street right-of-way. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental Condition Heather Faessler Downes Blackburn 04/22/2005 Underground Vaults are not allowed as water quality facilities. ( page 7 of the Storm Drainage Not Met Design Criteria for the City of Clearwater) -please revise- The City's standard requires the provision of treatment of 1/2 inch of rainfall. Fire Condition 04/22/2005 562-4897 562-4327 xt 3025 Ensure adequate water supply for fire fighting purposes. Please acknowledge PRIOR TO CDB. Not Met 04/22/2005 WHERE UNDERGROUND WATER MAINS AND HYDRANTS ARE REQUIRED, THEY SHALL Not Met BE INSTALLED, COMPLETED AND, IN SERVICE PRIOR TO CONSTRUCTION AS PER NFPA 241.Please respond PRIOR TO CDB. Landscape Arden Dittmer 562-4604 04/27/2005 The NORTH ARROW is facing west... Revise the plan to properly indicate the layout of the site on Not Met ALL sheets. Land Resource Condition Rick Albee 562-4741 04/28/2005 No Issues. Not Met Parks & Recs Condition A Recreation Facility impact fee of $200 is due for each new residential unit prior to the issuance Not Met of building permit or final plat (if applicable) whichever occurs first. Credit will be given for any existing residential units. Contact Art Kader at 727-562-4824. Storm Water Condition Elliot Shoberg 562-4748 04/22/2005 Prior to building permit: Not Met 1) Demonstrate how roof and parking lot runoff will be directed through vault. Solid Waste Condition How will recycling be addressed, Not Met placement of containers Traffic Eng Condition Bennett Elbo 562-4775 04/18/2005 1. Install a "Do not enter sign" where appropriate and include pavement directional arrows in whie Not Met CaseConditons Print Date: 05/02/2005 Page 1 of 3 FLD2005-03032 657 BAY ESPLANADE Traffic Eng Condition Bennett Elbo - 562-4775 paint to show internal flow of parking garage. 2. Will proposed condominium include a gate? If so, then face of gate must be 20' from the back edge of sidewalk. All of the above to be addressed prior to CDB. General note: Transportation impact fees of $876.00 to be paid prior to a C.O.. Multi-Family11 du 1400 per du $15,400.00 Credit Condominium 13 du 1252 per du$16,276.00 Fee TOTAL OWED : $16276 - $15400 = $876.00 Zoning Condition Mike Reynolds 562-4836 04/07/2005 FLD2005-03032 Not Met 657 Bay Esplanade 1. On site plan, show width typical for parking spaces. 2. Indicate maximum building height. 3. Site data table: state the maximum number of residential units. 4. Aerial photo on cover sheet is not legible. 04/11/2005 The TDR application form has applicant entered information which is inconsistent. Information Not Met provided reads that 2 development rights are being transferred to the receiving site and that 4 development rights are being transferred from the sending site. There is a blank line (not answered) as to the number of development rights allocated to the transferring site. The site data table indicates that 2 TDR units are part of the total number of proposed residential units (13). 04/11/2005 What is the surface of the swimming pool deck? Not Met 04/11/2005 Is this the final design of the swimming pool area? Will there be cabanas? Not Met 04/11/2005 The swimming pool should have close proximity to restrooms. Provide restrooms for this area of the site. 04/11/2005 Label the site plan to show setback dimensional arrows for the trash staging area. 04/11/2005 The trash staging area is not shown on the landscape plan. 04/11/2005 Label all outdoor lighting. 04/11/2005 Consider landscaping at the pool area. 04/11/2005 What is proposed for the existing docks (to remain?)? 04/22/2005 Proposed setback reductions are excesssive. Recommend site layout redesign to allow adequate setbacks. 04/22/2005 Change the site plan scale to 1 inch equals 10 feet. The existing scale is not easily readable. 04/22/2005 Document (show math) how the proposed density is computed. 04/22/2005 How do residents access the swimming pool? Print Date: 05/02/2005 Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met Not Met CaseConditons Page 2 of 3 0 FLD2005-03032 657 BAY ESPLANADE s Zoning Condition Mike Reynolds 562-4836 Provide the height from base flood elevation to the top of the decorative covered roof area; Not Met I'm a bit confused with the number of dwelling units proposed for the site and being transfered to Not Met the site. The site plan and application say there are 13 proposed dwelling units. There are 11 existing units. There are 10 permitted units. The TDR application says there are four units being transferred. The letter from Mr. Menna states that two units are being transfered in one part and two in another. All this needs to be reconcilled. I'm assuming that you are looking to termintation the status of nonconformity of the one extra unit and transfer the maxamimum density of 2 units (20 percent) for a total of 13 units. The criteria for a termination of status as a nonconformity needs to be submitted; I've looked in our records and there is a current occupation license for seven dwelling units Not Met (rental) on 657 Bay Esplanade and nothing for 653 Bay Esplanade. The application claims 11 dwelling units. I'll need evidence (water bill, electric bill) that shows 11 separate dwelling units otherwise the number of existing dwelling units remains at seven. Ten dwelling units are permited. The sender site (116 Brightwater Drive) has been developed with six dwelling units where ten are permitted which leaves four units available for transfer. The maximum amount of units that may be sent to the receiver site (657 Bay Esplanade) may not exceed 20 percent of the otherwise permitted number of units (10 units) or a maximum of two units. Given that the official number of dwelling units recognized by the City at this point is seven dwelling units (until shown otherwise through evidence outlined above) the maximum number of dwelling units permitted is 12 units. This all needs to be clarified (either by showing evidence that there are 11 units on the site) or revised in your application and supporting documents to show 12 not 13 dwelling units prior to CDB; Staff will recommend DENIAL of the application because: Not Met 1. The proposal is not in compliance with the "Old Florida District" of Beach by Design where the preferred form of development is low- to mid-rise new single-family dwellings and townhouses. 2. The proposal does not comply with the Flexible Development criteria as a Comprehensive Infill Project per Section 2-803.F.1, 4, 5, 6 and 7. 3. The proposal is not in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913.1 and 5. 4. The development is not compatible with the surrounding area and will not enhance other redevelopment efforts. Print Date: 05/02/2005 CaseConditons Page 3 of 3 May. 02 2005 03:41PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 May.02 03:39PM 01'48 SND 04 OK TO TURN OFF REPORT, PRESS 'MENU' ##04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). 1"61 0 a Clearwater U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: ,&i/Zro?,-r?_(?/ -e-e' FAX: ?D 3 Phone• FROM: i ll? ?l mil / Phone: 9 2 - ?' 3 DATE: y, 7 ' v r SUBJECT: A0 , I a30 , _ 03 MESSAGE: &j-7 ??y MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) 2 LL o; C1 ? ?arwatt U April 07, 2005 Anthony Menna Po Box 4189 Clearwater, Fl 33758-4189 CITY OF CL ARWATER 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: FLD2005-03032 -- 657 BAY ESPLANADE -- Letter of Completeness Dear Anthony Menna : The Planning Staff has entered your application into the Department's filing system and assigned the case number: FLD2005-03032. 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 May 05, 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 may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4836 or Mike.Reynolds@myclearwater.com. Sincerely yours, zt? w Mike Reynolds, AICP Planner III Letter of Completeness - FLD2005-03032 - 657 BAY ESPLANADE 9 0 -dw =Napalm= Apr. 07 2005 01:37PN YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Apr.07 01:36PM 01'10 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). ?t 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, August 16, 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. (Cont from 07-19-05) Home Energy, LLC. is requesting a Flexible Development approval to permit 20 attached dwellings with a reduction to the minimum lot width from 150 ft to 144.63 ft, reductions to the front (west) setback from 25 ft to 12 ft (to pavement) and from 25 ft to zero ft (to trash staging area), reductions to the side (north) setback from 10 ft to 5 feet (to patios) and from 10 ft to 8 feet (to pavement), reductions to the side (south) setback from 10 ft to 5 ft (to patios) and from 10 ft to 7.6 ft (to pavement), a reduction to the rear (east) setback from 15 ft to zero ft (to pool deck), an increase to building ht from 30 ft to 43.17 ft (to roof deck) with perimeter parapets of 5.5 ft (from roof deck) and an additional 13.67 ft for an open rooftop pavilion (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-4041, with reductions to the landscape buffer along Island Way from 15 ft to 12 ft (to pavement) and from 15 ft to zero ft (to trash staging area), reductions to the landscape buffer along the north side from 10 ft to 5 ft (to patios) and from 10 ft to 8 feet (to pavement) and reductions to the landscape • buffer along the south side from 10 ft to 5 ft (to patios) and from 10 ft to 7.6 ft (to pavement), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Attached dwellings [4 townhomes and 16 condominiums]) at 415 Island Way, Island Estates of Clearwater, Unit 2, Lot 17 and part of Lot 16. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-04035 2. (Cont from 07-19-05) Beach & Gulf Sands, Inc., & North Clearwater Beach Development (Anthony Menna) are requesting a Flexible Development approval to permit 13 attached dwellings in the Tourist District and an increase in ht from 35 ft to 64 ft (as measured from base flood elevation to the roof deck), an increase in the ht of a parapet wall from 30 inches to 42 inches, permit 2 parking spaces within the required sight visibility triangles along Bay Esplanade, a reduction in the front (north) setback from 15 ft to 5 ft (to pavement) and 3 ft (to trash staging area), reduction in the side (east) setback from 10 ft to zero ft (to pool deck), 10 ft (to pool) and 7 ft (to building), reduction in the side (west) setback from 10 ft to 3 feet (to trash staging area) and a reduction the rear (south) setback from 20 ft to zero ft to pool deck, 8 ft (to pool) and 10 ft (to building), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C., Transfer of Development Rights (TDR2005-03019) of 2 dwelling units from 116 Brightwater Dr (donor site) to 657 Bay Esplanade (receiver site) under the provisions of Sec's 4- 1402 and 4-1403 and a request for Termination of Status of Nonconformity under the provisions of Sec 6-109. (Proposed Use: Attached dwellings [13 condominium units]) at 657 & 663 Bay Esplanade, Mandalay Unit No 5 Replat Blk 77, Lots 4 & 5. Assigned Planner: Rab-ext-G7 .e ,- __anner-- --R D2005-03032/TDR2005-03019 3. Religious Community Services, Inc. (The Haven of RCS) are requesting a Flexible Development approval to permit a white PVC fence 6 ft in ht within the front (east) setback along North Saturn Ave without substantial grill work and masonry columns and without a 3 foot wide d ? • • landscape strip on the street side of the fence as otherwise required by Sec's 3-804.A.1 and 3 on a property within the Medium Density Residential (MDR) district, as part of a Residential Infill Project under the provisions of Sec 2-304.G. (Proposed Use: Community Residential Homes) at 1520 N Saturn Ave, Sec 02-29-15, M&B 44.01. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05038 4. Ardent International Ltd Liability Co, Panaviotis Vasiloudes, and Helen Vasiloudes (M3B Development, LLC/Robert Szasz) are requesting a Flexible Development approval to permit 14 attached dwellings in the Tourist District, an increase in ht from 35 ft to 59 ft (as measured from base flood elevation to the roof deck), an increase in the ht of a parapet wall from 30 inches to 42 inches and a reduction the rear (south) setback from 20 ft to 7 ft to pool deck and 11 ft (to pool), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C. (Proposed Use: Attached Dwellings) at 651 & 655 Bay Esplanade and 50 Roval Way, Mandalay Unit No. 5 Replat Blk 77, Lots 1-3. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05043 5. TSE TSE, LLC (M313 Development, LLC/Robert Szasz) are requesting a Flexible Development approval to permit 20 attached dwellings in the Tourist District, an increase in ht from 35 ft to 58 ft (as measured from base flood elevation to the roof deck), an increase in the ht of a parapet wall from 30 inches to 42 inches and a reduction the rear (north) setback from 20 ft to 3.33 ft to pool deck and 6 ft (to pool), as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C. (Proposed Use: Attached Dwellings) at 629, 635 & 637 Bay Esplanade, Mandalay Unit No. 5 Replat Blk 78, Lots 8-11 & Rip Rts. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05044 • 6. First Baptist Church of Clearwater (Opus South Corporation, Opus South Contractor's LLC/John Franklin Wade) are requesting a Flexible Development approval to allow a mixed-use development of 157 attached dwelling units (which includes an increase in density of 31 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool) and 10,022 sq ft of non-residential use, with an increase to the permitted ht from 30 ft to 271 ft (to roof deck) and an additional 22 ft for architectural embellishments and mechanical equipment (from roof deck), to reduce the non-residential parking requirement from 41 parking spaces to zero (0) parking spaces, and to allow a building within the required sight visibility triangle at the intersection of Cleveland St and North Osceola Ave, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-903.C., and to eliminate the required foundation landscaping along N Osceola Ave, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Mixed-use [169 attached dwellings and 10,022 sq ft non- residential floor area]) at 331 Cleveland St, John R Davey's Resub Blk A, Part of Lots 1-3 & unplatted parcel. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-05048 7. Clearwater Land Ltd (Druid Courtyard Clearwater, LLC/Nicholas F Ferraioli) are requesting a Flexible Development approval to permit 47 attached dwellings with reductions to the front (north) setback from 25 ft to 10 ft (to entry feature columns) and from 25 ft to 18.5 ft (to pavement), reductions to the front (west) setback from 25 ft to 4 ft (to entry feature columns) and from 25 ft to 15 ft (to pavement and pool deck), a reduction to the side (east) setback from 10 ft to 2 ft (to entry feature column), a reduction to the side (south) setback from 10 ft to 1.9 ft (to entry feature column) and an increase to building ht from 30 ft to 55 ft (to roof deck) with an additional 6 ft for perimeter parapets, under the provisions of Sec 2-504.A. (Proposed Use: Attached dwellings [47 condominiums]) at 1105 Druid Rd, Sec 15-29-15, M&B 34.03. Assigned . Planner: Wayne M. Wells, AICP. FLD2005-05037 • 8. Reliflious Community Services, Inc. is requesting a Flexible Development approval to permit the expansion and renovation of floor area of an existing social/public service agency with a reduction to lot width from 100 ft to 58 ft (along Myrtle Ave), a reduction to the front (south along Druid Rd) setback from 25 ft to 5 ft (to existing pavement), a reduction to the front (east along Myrtle Ave) setback from 25 ft to 15 ft (to existing pavement), a reduction to the side (east) setback from 10 ft to zero ft (to existing pavement) and a reduction to the side (west) setback from 10 ft to zero ft (to existing pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-704.C, with a reduction to the landscape buffer along Druid Rd (south) from 10 ft to 5 ft (to existing pavement), a reduction to the landscape buffer along the east from 5 ft to zero ft (to existing pavement), a reduction to the landscape buffer along the west from 5 ft to zero ft (to existing pavement), a reduction to the landscape buffer along the north from 10 ft to 5 ft (to existing pavement) and a reduction to interior landscape area from 10 percent to 7.4 percent, as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Expansion and renovation of the RCS food bank) at 700 Druid Rd, Magnolia Park, Blk 26, Lots 9 & 10 & parts of Lots 1-5 & 8. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-05046 9. Ronald and Karen Kozan (Newkirk Ventures, Inc.) are requesting (1) Termination of Status of Nonconformity for density (26 existing and proposed attached dwelling units; 20 dwelling units maximum under land use category), under the provisions of Sec 6-109; (2) Flexible Development approval to permit 26 attached dwelling units with a reduction to the minimum lot width from 150 ft to 144.65 ft, reductions to the front (west) setback from 25 ft to 23 ft (to building) from 25 ft to 20 ft (to balcony), from 25 ft to 10 ft (to pavement) and from 25 ft to zero ft (to trash staging area), reductions to the side (north) setback from 10 ft to 6.1 ft (to balconies) and from 10 ft to 5.4 ft (to sidewalk), reductions to the side (south) setback from 10 ft to 6.1 ft (to • balconies) and from 10 ft to 5 ft (to sidewalk) and an increase to building height from 30 ft to 46 ft (to roof deck) with perimeter parapets of 6 ft (from roof deck), as a Residential Infill Project, under the provisions of Sec 2-404.F, and reductions to the landscape buffer along Island Way from 15 ft to 10 ft (to pavement) and from 15 ft to zero ft (to trash staging area), a reduction to the landscape buffer along the north side from 10 ft to 5.4 ft (to sidewalk) and a reduction to the landscape buffer along the south side from 10 ft to 5 ft (to sidewalk), as a Comprehensive Landscape Program, under the provisions of Sec 3-1202.G. (Proposed Use: Attached dwellings [26 condominiums]) at 405 Island Way, Island Estates of Clearwater, Unit 2, Lot 15 and part of Lot 16. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-05045 10. Camille Courtney & Elina Honicky (Henry C. Kyle, III & Robert Elder) are requesting a Flexible Development approval to allow an addition to an existing single-family residence with a reduction to the front setback from 25 ft to 20.3 ft (to building), under the provisions of Sec 2- 304.G. (Proposed Use: Detached Dwelling) at 1415 San Juan Court Blvd Heights, Blk K, Lot 17 and part of Lot 18. Assigned Planner: John Schodtler, Planner I. FLD2005-05052 11. DiVello Land Trust, Fulvio DiVello Trustee (Maddalina DiVello & Housh Ghovaee, Northside Engineering Services, Inc.) are requesting (1) Termination of Status of Nonconformity for density (111 overnight accommodation units existing to be converted to 83 dwelling units), under the provisions of Sec 6-109; (2) Flexible Development approval to permit 83 attached dwellings with reductions to the front (south along S. Gulfview Blvd.) setback from 15 ft to 10 ft (to pavement) and from 15 ft to zero ft (to trash staging area), reductions to the front (west along Hamden Dr) from 15 ft to 12.5 ft (to building and proposed pavement), from 15 ft to 5 ft (to existing pavement) and from 15 ft to zero ft (to trash staging area), reductions to the side (north) • from 10 ft to 3 ft (to existing pavement) and from 10 ft to zero ft (to existing pool deck), an increase to building height from 35 ft to 100 ft (to roof deck) with an additional 7 ft for perimeter • parapets (from roof deck) and an additional 22.5 ft for elevator and stair towers (from roof deck) and a deviation to allow direct access to an arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Attached dwellings [83 condominiums]) at 445 Hamden Dr and 504 S Gulfview Blvd, Columbia Sub No. 5, Lots 4-11, and RIP rts and land adj to Lot 11. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-05051 12. TW/Beach Residences - Clearwater, LLC (E. D. Armstrong III, Esq., Johnson, Pope, Bokor, Ruppel & Burns, LLP) are requesting (1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to be converted to 112 dwelling units; where 56 dwelling units are permitted today), under the provisions of Sec 6-109; (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units, 78 overnight accommodation rooms/units and 2,910 sq ft of retail sales with reductions to the front (east) setback from 15 ft to 6 ft (to patios/seating areas) and from 15 ft to zero ft (to trash staging area), reductions to the side (north) setback from 10 ft to 5 ft from the Coastal Construction Control Line (CCCL) (to building) and from 10 ft to 4 ft (to pavement), a reduction to the side (south) setback from 10 ft to 2 ft (to trash staging area), a reduction to the rear (west) setback from 20 ft to 8 ft from the CCCL (to building), increases to building height from 35 ft 100 ft for the overnight accommodation building tower and from 35 ft to 150 ft for the residential tower (to roof deck) with an additional 6 ft for perimeter parapets (from roof deck) and an additional 24 ft for architectural embellishments (from roof deck), a reduction to driveway spacing from 125 ft to 90 ft and a deviation to allow direct access to a arterial street, as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C; and (3) Transfer of Development Rights (TDR2005-05022) of 4 dwelling units from 557 and 579 Cyprus Ave, 2 dwelling units from 625-627 Bay Esplanade, 2 dwelling units from 665 Bay Esplanade and 3 dwelling units • from 667 Bay Esplanade, under the provisions of Sec 4-1402. (Proposed Use: Mixed use of 112 attached dwellings [condominiums], 78 overnight accommodation rooms/units and 2,910 sq ft of retail sales) at 430 South Gulfview Blvd, Lloyd-White-Skinner Sub, Lots 33-35, part of Lot 36 and subm land on W. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 05047/TDR2005-05022 Interested parties may appear and be heard at the hearings or file written notice of approval or objection with the Planning 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 witnesses, 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 all 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. E • 0 • 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 Cynthia E. Goudeau, CMC Planning Director City Clerk City of Clearwater P.O. Box 4748, 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 (727) 562-4093 WITH THEIR REQUEST. Ad: 07/31/05 • 0 FL.D200S-0303 = 115 R(joe v+- 108 5TH ST LLC 0166363 ONTARIO LTD •AIELLO, ITALO 9 SUNSET BAY DR 152 CLARENDON ST RUFFOLD, LILIA BELLEAIR FL 33756 - SOUTHAMPTON ON NOH 2L0 00030 - 93 CORNELIUS PKWY CANADA TORONTO ON M6L 2K6 00030 - CANADA ALBRECHT, YVETTE AMERPOL HOTELS & MOTELS INC ANDRESON, DEAN 16 ASHENDEN WALK ANDRESON, ANN FARNHAM COMMON BUCKS SL2 669 2046 BRENDLA RD 3UF 00009 - CLEARWAT RWATER FL L 33 33767 - 1523 CLEARWATER FL 33755 - UNITED KINGDOM ARDENT INTERNATIONAL LTD LIABI ARMBRUSTER, JOHN BANNON, MARY KATHLEEN TRUST 2840 EAST BAY DR # 363 661 POINSETTIA AVE # 209 8013 WILDWOOD LN LARGO FL 33771 - 2408 CLEARWATER FL 33767 - 1535 DARIEN IL 60561 - 5914 BAY ESPLANADE AT CLEARWATER BAY ESPLANADE BAYESPLANADE.COM LLC BE 617 BAY ESPLANADE 627 BAY ESPLANADE 2110 DREW ST # 100 CLEARWATER FL 33767 - 1617 CLEARWATER FL 33767 - CLEARWATER FL 33765 - 3231 BEACH & GULF SANDS INC BEARDSLEY, JAMES M BERETA, STANLEY D THE 657 BAY ESPLANADE 15 MAYFAIR LN 661 POINSETTIA AVE # 203 CLEARWATER FL 33767 - 1515 BUFFALO NY 14201 - 1522 CLEARWATER FL 33767 - 1535 BOERNER, SUSANA B BORUTA, SCOTT V BOYES, JAMES R 112 S LAUBER WAY 611 POINSETTIA AVE # 101 BOYES, GEORGIA TAMPA FL 33609 - 2615 CLEARWATER FL 33767 - 969 BRUCE AVE CLEARWATER FL 33767 - 1013 CAPRI MOTEL CONDO ASSN CASWELL LLC CIUCEVICH, JOSEPH 55 SOMERSET ST # 3 949 BRUCE AVE 736 BRUCE AVE CLEARWATER FL 33767 - 1546 CLEARWATER FL 33767 - CLEARWATER FL 33767 - 1418 CLEARWATER NEIGHBORHOODS COATES I INC COQUINA APTS INC COALITION (DOUG WILLIAMS, 873 ISLAND WAY 692 BAY ESPLANADE PRESIDENT, 2544 FRISCO DRIVE, CLEARWATER FL 33767 - 1826 CLEARWATER FL 33767 - 1500 CLEARWATER, FL 33761 CZIPRI, BRENDA K THE D'ARRIGO, STEPHEN V DE BELLIS, BARBARA 334 EAST LAKE RD STE 338 11 ARLENE AVE 55 SOMERSET ST # 3 PALM HARBOR FL 34685 - 2427 WILMINGTON MA 02476 - 4131 CLEARWATER FL 33767 - 1546 DE BENEDITTIS, FRANK DEAN REAL ESTATE INV INC DI DOMIZIO INVESTMENTS INC DE BENEDITTIS, NANCY 647 BAY ESPLANADE 90 MILVAN DR 4602 104TH ST CLEARWATER FL 33767 - 1617 TORONTO ON M91 1Z6 00030 - CORONA NY 11368 - 2813 CANADA DIGIACOMO, MICHAEL DOM, MARY EPIC HOLDINGS SOUTH DIGIACOMO, LESLIE 65 SOMERSET ST 139 BAYSIDE DR PO BOX 561 CLEARWATER FL 33767 - 1547 CLEARWATER FL 33767 - 2502 KIMBERTON PA 19442 - EYLER, CYNTHIA A EYLER, DONALD C FERGUSON, MELODIE A HOLDEN, DONNA L EYLER, CYNTHIA A PENNOCK, ROBERT M 554 ADALINE AVE 554 ADALINE AVE 665 BAY ESPLANADE VANDALIA OH 45377 - 1802 VAN DALIA OH 45377 - 1802 CLEARWATER FL 33767 - 1598 FITZGERALD, RONALD FIVE PALM CONDO ASSN INC FLORENCE ENTERPRISES 665 POINSETTIA AVE 673 BAY ESPLANADE 603 INDIAN ROCKS RD CLEARWATER FL 33767 - 1530 CLEARWATER FL 33767 - 1503 BELLEAIR FL 33756 - 2056 FOLEY, DONALD F FORLINI, DOMENICO G FRANKS, VIRGINIA B FOLEY, CATHERINE G 808 MANDALAY AVE 669 BAY ESPLANADE 661 POINSETTIA AVE # 108 CLEARWATER FL 33767 - 1324 CLEARWATER FL 33767 - 1503 CLEARWATER FL 33767 - 1534 GEOMAR HOLDINGS INC GTE FLORIDA INCORPORATED HALGREN, RALPH W 115 ARGYLE HALGREN, VELORA B KIRKLAND QC H9H 3H9 00030 - IRBOX 152206 56 SOMERSET ST CANADA VING TX 75015 - 2206 CLEARWATER FL 33767 - 1543 HAYS, WILLIAM D HESSELSCHWERDT, BERND J HILDEBRAND, WILLIAM O JR 661 POINSETTIA AVE # 304 HESSELSCHWERDT, BERNHARD 661 POINSETTIA AVE # 107 CLEARWATER FL 33767 - 1536 55 SOMERSET ST # 5 CLEARWATER FL 33767 - 1534 CLEARWATER FL 33767 - 1546 HOUSH GHOVAEE, NORTHSIDE HOLDEN, ROBERT L ENGINEERING SERVICES, INC. (601 JAKSCH, ROBERT W 12 STILLWATER HEIGHTS DR 1596 SHIRLEY PL WEST BOYLSTON MA 01583 - 1122 CLEVELAND STREET, SUITE 930, LARGO FL 33770 - 2218 CLEARWATER, FL 33755 KELLEY, PAUL KEYS, RANDALL A KIELMANN, LOTHAR E KELLEY, TRACEY 6713 E WHITEWAY DR KIELMANN, WENDY 667 BAY ESPLANDE TAMPA FL 33617 - 3216 35154 LEON ST CLEARWATER FL 33767 - 1550 LIVONIA MI 48150 - 2668 KROMER, JOHN LA RISA DEVELOPMENT CO LLC LABRICCIOSA, ELENA KROMER, JANET 880 MANDALAY AVE # C-908 653 MANDALAY AVE 10317 GREEN LINKS DR CLEARWATER FL 33767 - CLEARWATER FL 33767 - 1523 TAMPA FL 33626 - LENTRICCHIA, DOMENICK LETOURNEAU, WILLIAM T LEWINSKI, HANNA LENTRICCHIA, KARIN HIRSCH, DEBORA A LEWINSKI, WOJCIECH 814 NARCISSUS AVE 395 16TH ST 661 POINSETTA AVE #306 CLEARWATER FL 33767 - 1334 NEWPORT MN 55055 - 1061 CLEARWATER FL 33767 - 1537 LEWINSKI, WOJCIECH LEWINSKI, HANNA 60 SOMERSET # 3 CLEARWATER FL 33767 - 1543 MAVITY, LEON L 661 POINSETTIA AVE # 307 CLEARWATER FL 33767 - 1537 MC SWEENEY, GARY W MC SWEENEY, CARMEN 20942 E GLEN HAVEN CIR NORTHVILLE MI 48167 - 2465 MICHAEL, BASKOVICH MICHAEL, SANDRA 2866 QUAIL HOLLOW RD W CLEARWATER FL 33761 - NEIL, MARIE-THERESE 4 RUE DE SAVOIE PARIS 75006 00017 - FRANCE PALMA, GEORGE 32 FORGE DR DOWNSVIEW ON CANADA M3N 2R3 00030 - PASQUALE, JACK R THE PASQUALE, PATRICIA A THE 1433 NORMAN DR DARIEN IL 60561 - 4434 PIOLI, RICHARD T THE PIOLI, ROBERTA B THE 750 ISLAND WAY # 402 CLEARWATER FL 33767 - 1820 PROPERTY MANAGEMENT ASSOCIATES 12003 LILLIAN AVE SEMINOLE FL 33772 - •LEWINSKI, WOJCIECH LEWINSKI, HANNA 661 POINSETTIA AVE # 306 CLEARWATER FL 33767 - 1537 MC FADDEN, ARLENE S MC FADDEN, ROBERT G 661 POINSETTIA AVE #204 CLEARWATER FL 33767 - 1535 MEROLI, PETER 967 ELDORADO AVE CLEARWATER BEACH FL 33767 - 1020 MOSSER, RICHARD S 661 POINSETTIA AVE # 301 CLEARWATER FL 33767 - 1536 NICHOLAS, JERRY 3002 STRAWBERRY RD #OFC PASADENA TX 77502 - 5230 PARALITICCI, JESUS 611 POINSETTIA AVE # 103 CLEARWATER FL 33767 - PENTHOUSE SHORES ASSN INC 661 POINSETTIAAVE CLEARWATER FL 33767 - 1561 PORPOISE INN INC 609 CYPRUS AVE CLEARWATER FL 33767 - 1621 RADAY, DAVID M YOUNG,SEAN 12003 LILLIAN AVE N SEMINOLE FL 33778 - 3504 0 LONG, MARIAN C 661 POINSETTIA AVE # 104 CLEARWATER FL 33767 - 1534 MC KINNEY, CARMELLA C MC KINNEY, GEORGE L 661 POINSETTIA AVE # 210 CLEARWATER FL 33767 - 1535 MERRITT, GORDON E MERRITT, M SUZANNA 661 POINSETTIA AVE CLEARWATER FL 33767 - 1561 NATSIS, EVANGELOS NATSIS, MARIA 622 POINSETTIA AVE CLEARWATER FL 33767 - 1638 NORTH CLEARWATER BEACH DEVELOP PO BOX 4189 CLEARWATER FL 33758 - 4189 PARKS, DANA L BARKES, MICHAEL G 11961 LOCUST LN COLUMBUS IN 47201 - PETER PAN DEV 610 MANDALAY NE CLEARWATER FL 33767 - 1632 PRESTON, MICHAEL G THE 419 EASTSHORE DR CLEARWATER FL 33767 - 2028 RHOADS, JEFFREY L THE PO BOX 861 DUNEDIN FL 34697 - 0861 ROLLINSON, ANN C ROYAL NORTH BEACH LLC ROZENITS, FRED 1364 ELLINGTON RD 5560 BATES ST ROZENITS, ANNA SOUTH WINDSOR CT 06040 - 2403 SEMINOLE FL 33772 - 31 ISLAND WAY # 1002 CLEARWATER FL 33767 - 2207 SEIFERT, MICHAEL E SEIFERT, NANCY S 5825 PERSIMMON DR MADISON WI 53711 - 5003 SNO-BIRD PROP INC 10 PRINCE ST CUMBERLAND CTR ME 04021 - 4007 SPERELAKIS, NICHOLAS SR SPERELAKIS, DOLORES J 12114 PAULMEADOWS DR CINCINNATI OH 45249 - 1330 THOMPSON, MICHAEL S THOMPSON, MARIA BRENDON FEN POND RD IGTHEHM NEAR SEVEN OAKS KENT TN 15 9JE 00003 - GREAT BRITAIN TSETSE LLC 5210 WEBB RD TAMPA FL 33615 - 4518 WAGNER, LARRY H THE 240 WINDWARD PSE # 1202 CLEARWATER FL 33767- 2249 WHITEHURST, DON R 1801 SE US HIGHWAY 19 CRYSTAL RIVER FL 33767 - 1815 WOSCHITZ, EVA THE 302 POINSETTIA LAND TRUST 10 COURTWOOD PL TORONTO ON M2K 1Z9 00030 - CANADA 0 SILLASEN, SEAJAYE 12313 W LOUISIANA AVE LAKEWOOD CO 80228 - SOBOLESKI, JAMES W 191 DEVON DR CLEARWATER FL 33767 - SPRING TIDE INVESTMENTS II LLC 622 BYPASS DR STE 100 CLEARWATER FL 33764 - THURMOND, WILLIAM H THURMOND, CAROL H PO BOX 478 NEW ELLENTON SC 29809 - 0478 VASILOUDES, PANAYIOTIS VASILOUDES, HELEN 767 BAY ESPLANADE CLEARWATER FL 33767 - WALLACE, A BARBARA 606 CYPRUS AVE CLEARWATER FL 33767 - 1620 WICKY, JERRY E WICKY, BETTY W PO BOX 1191 OLDSMAR FL 34677 - .SMITH, RUPERT W JR SMITH, IRENE V 661 POINSETTIA AVE # 106 CLEARWATER FL 33767 - 1534 SPEAR, ROBERT E THE 102 CARRIAGE SQUARE CT HENDERSONVILLE NC 28791 - 1396 STANLEY, BRYAN J 114 TURNER ST CLEARWATER FL 33756 - TSE TSE LLC 610 MANDALAY AVE CLEARWATER FL 33767 - VERBAN,STEVE VERBAN, HELEN K 55 SOMERSET ST CLEARWATER FL 33767 - 1546 WHITE, ANDREA P 55 SOMERSET ST # 4 CLEARWATER FL 33767 - 1546 WINCHESTER, GARY WINCHESTER, PAMELA 17111 HANNA RD 1191 LUTZ FL 33549 - 5666 This document prepared by and should be returned to: Emil G. Pratesi, Esquire Richards, Gilkey, Fite, Slaughter, Pratesi & Ward, P.A. 1253 Park Street Clearwater, Florida 33756 C KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2005094748 03/15/2005 at 08:23 AM OFF REC BK: 14175 PG: 1505-1507 DoCType:DEED RECORDING: '$27.00 D DOC STAMP: $0.70 DENSITY TRANSFER WARRANTY DEED cif THIS INDENTURE made this day of IV,,/-, X , 2005, by and between BELLE AQUA VILLAS, LLC, a Florida limited liability company, Party of the First Part, whose mailing address is Post Office Box 4189, Clearwater, Florida, 33758-4198 and NORTH CLEARWATER BEACH DEVELOPMENT, LLC, a Florida limited liability company, Party of the Second Part, whose mailing address is Post Office Box 4189, Clearwater, Florida 33758. W I T N E S S E T H: That the said Party of the First Part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, its heirs, and assigns forever FOUR UNITS OF DENSITY from the following described land, situated lying and being in the City of Clearwater, County of Pinellas, State of Florida, to wit: See Exhibit "A" attached hereto. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set his hand and seal the day and year first above written intending hereby to restrict, in perpetuity, the use of the property first described in Exhibit "A" attached hereto. Signed, Sealed and Delivered in Our Presence: ORIGINAL BELLE AQUA VILLAS, LLC, a Florida limited liability company By: MENNA DEVEh.0'.PMENT &. MANAGEM,5pt INC., a L'lor_A;,_y .?, p . , _Mznager By: President na, MAR 3 1 200 4 1? 'mot Name Notary Public Commission No.-aa?ba My Commission expires: DEBRA J SCALA Notary Public, State of Florida My Comm. Expires May 15, 2007 No. DD213035 9 • STATE OF _ Flex lala COUNTY OF • I HEREBY CERTIFY that on this day personally appeared before me, an officer duly authorized to take acknowledgements, ANTHONY MENNA as President of MENNA DEVELOPMENT & MANAGEMENT, INC., a Florida corporation, as Manager for BELLE AQUA VILLAS, LLC, who is personally known to me or who has produced as identification, and he is the person described in and who executed the foregoing Density Transfer Warranty Deed and he acknowledged then and there before me that he executed the same as such officer on behalf of said corporation as Manager of Belle Aqua Villas, LLC, for the purposes therein expressed; and that the said Density Transfer Warranty Deed is the act and deed of said limited liability company. WITNESS my hand and official seal this /j/ 7"0 day of Z.ec,y , 2 0 0 5 . EGP/mk Egrp/2ndofc/BelleAqua/DnstyTfrWD ORIGNAI- -1 ? VAR 3 1 2003 -J EXHIBIT "A" All BELLE AQUA VILLAS II as recorded in Plat Book 127, Pages 73 through 75, of the Public Records of Pinellas County, Florida. ORIGINAL