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FLD2005-08087
G 1\I,1-5 FLD2005-08087 657 BAY ESPLANADE Date Received: 08/25/2005 PALAZZO OCT 0 6 2005 ZONING DISTRICT: T LAND USE: RFH ATLAS PAGE: 258A PLANNER OF RECORD: R -T CLWCoverSheet ??CIVIL* Northsige LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • STORMWATER REPORT FOR : PALAZZO CLEAR WATER PROJECT • C a .U • Q ?? s Ram A. Goel, P1i:lD:; #47431' October, 2005 Project No. 0520 RECEIVED 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DS PRI NC.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 ORIGINAL OCT 19 2005 PLANNING DEPARTMENT CITY OF CLEARWATER PALAZZO DRAINAGE NARRATIVE The proposed project is located in Clearwater, Florida (Section 5, Township 29 south, Range 15 east) at a 657 Bay Esplanade Road. The project consists of the redevelopment of 15,175 sf of property and will include the new construction of 13 attached dwelling units with associated infrastructure improvements such as roadways, utilities, stormwater detention facility and landscaping. The existing site contains 7,444 sf of impervious and 7,731 sf of open space. The proposed site will contain 11,713 sf of impervious and 3,462 sf of open space. The required '/Z" water quality treatment volume of 632 cf is provided for in the detention pond which has volume capacity of 793 cf at the design high water elevation of 3.75. This volume is recovered in less than 14.8 hours through a 6" perforated socked PVC underdrain. Because discharge is into intercoastal waters quantity attenuation is not provided. Overflow discharge is through an 18" RCP core bored through the existing seawall. • 0 PROJECT NAME : PALAZZO PROJECT NO.: 0520 POND STAGE STORAGE DATA : T.O.B. EL.= D.H.W & W.Q. EL. BOTTOM EL.= STAGE ft-NGVD AREA SF AREA AC STORAGE CF 4.25 1,083 0.025 1,282 4.00 978 0.022 1,024 3.75 872 0.020 793 3.40 725 0.017 514 3.20 640 0.015 377 3.00 556 0.013 258 2.40 303 0.007 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = 15,175 SF REQUIRED WATER QUALITY DEPTH = 0.50 IN REQUIRED WATER QUALITY VOLUME = 632 CF PROPOSED OUTFALL ELEVATION = 3.75 FT POND AVAILABLE WATER QUALITY = 793 CF NORTHSIDE ENGINEERING SERVICES POND DRAWDOWN ANALYSIS PROJECT: PALAZZO PROJECT NO.: 0520 VOLUME PROVIDED = 793 C.F. BOTTOM OF SLOT ELEV. = 3.75 BOTTOM OF POND ELEV. = 2.40 UNDERDRAIN INVERT ELEV. = 1.65 COEFFICIENT OF PERMEABILITY (K) = 0.09 FT/MIN LENGTH OF UNDERDRAIN = 15 FT SIZE OF UNDERDRAIN = 6 INCH POND AREA (SF) = 872 S.F. POND AREA (SF) = 303 S.F. ELEV. AVG. HEAD INCR HEAD L (AVG) HYD. GRAD. FILTER ARE FLOW POND AREA INCR VOL. INCR TIME FT FT FT FT FT/FT S.F. CFM S.F. C.F. MIN. 3.75 872 1.68 0.34 2.75 0.61 24 1.30 270 208 3.41 730 1.34 0.34 2.75 0.49 24 1.04 222 214 3.08 588 1.01 0.34 2.75 0.37 24 0.78 174 224 2.74 445 0.67 0.34 2.75 0.24 24 0.52 125 243 2.40 303 TOTAL DRAWDOWN VOLUME = 791 C.F. TOTAL DRAWDOWN TIME = 14.8 HOURS • LL Planning Department Clearwater 100 Soufh Myrtle Avenue "e? Clearwater, Florida 33756 Telephone: 727-562-4567 u 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 $ • ORIGINAL CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES:. NORTH: SOUTH: WEST: EAST: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) FLEXIBLE DEVELOPMENT APPLICA'T'ION Comprehensive Infill Project (Revised 04-05-05) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: 144orIq tap t en'r / t1c7 z?Ci? )?. ? / _ c t;Ero L,-C, MAILING ADDRESS: 'e O • ?S +? 1?i! -!? Ll???'rJ?iT ?'r/??? J -/I > PHONE NUMBER:-77 a7 -:7'?) (L - D011 FAX NUMBER: - Gal ©d PROPERTY OWNER(S): ei., L),, ?i* a ilr?v //<' rit /- 4 C (Must inciuLL owners as listed the deed - provide original signaature(s)lon page 6) A 4a`'' rl2Q r Cr. tSiu /Fc 57j--,( s C _ AGENT NAME: y h (?n1s /? % 0- k o?f nee-' i t c ?? °a>,`L?' ti `G MAILING ADDRESS: ly. 4-11 PHONE NUMBER: 7c W L-1 Li ?'?;?) (? C FAX NUMBER: CELL NUMBER: 7X I aZ J • ?] 5 E-MAIL ADDRESS: ()gay jE7c < /r c ; %? ?1r'e B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4--202.A) STREET ADDRESS of subject site: b-57- C&, LEGAL DESCRIPTION: I C I "L (f not listed here, please note. the location of this document in the submitta PARCEL NUMBER: ??J v 9 • 1 - __ l 7 ' ?? • D 1 u p c7 t1 PARCEL SIZE: ?J • UC (; /?_,i/ J--C?_?f ?' T (acres, square feet) PROPOSED USE(S), SIZE(S) AND VALUE OF PROJECT:_/t[?r,?,( (number of dwelling units, hotel rooms or square footage of nonresidential 1e Ef;1 DESCRIPTION OF REQUEST(S): ; 1i i Attach sheets and he specific when identifying the request (include all requested code deviations, e.g. reduction in require n r of ha g acts, xfic use et • 'D ORIGINAL DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTSJPR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A,5) SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see page 6) D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain how each criteria is achieved, in detail: 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 locate A 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. ,t 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 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. ?4 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. OCT 0 6 F LJ Li ...,.,.,:, _ir V c Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT C ITEALAYWM how each criteria is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards. • 0 ORIGINAL 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value ,Qf abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) /J y 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwater. 4. The uses or mix of use within the comprehensive in?fill,rredevelopment project are ?mpa'tible with adjacent land uses. 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. y /J?r 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. 7. The design of the proposed comprehensive infill redevelopment project createsa form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development, L..' '_V U. U W U, c S24 he L? T 0 .6 2005 10. ILI The design of all buildings complies with the Tourist District or Downtown District design guidelines in Div ion L6dLqLe. (0& Use separate sheets as necessary. PLANNING? OEy;:;OPME,NI GI)y OF' L4 I? i 10 ORIGINAL E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that im addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exem to this requirement. If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. At a minimum, the STORMWATER PLAN shall include the following: Existing topography extending 50 feet beyond all property lines; Proposed grading including finished floor elevations of all structures; All adjacent streets and municipal storm systems; Proposed stormwater detention/retention area 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 jnanual. Signature and seal of Florida Registered Professional Engineer on all plans and calculations. 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 Acknowledgement of stormwater plan requirements (Applicant must initial one of the following): 2ULL.. stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND' NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) ICY?SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; LOCATION MAP OF THE PROPERTY; PARKING 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; a /GRADING PLAN, as applicable; PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); k ,'COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) V/ SITE PLAN with the following information (not to exceed 24" x 36'): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; PLAIVP All existing and proposed points of access; I All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; - tbLSUVI-C OCT 0 6 2005 11 ----------- 0 P M E N 16 V Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #7011; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. Fd SITE DATA TABLE for existing, required, and proposed development, in written/tabular form: I/ _ 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. VIREDUCED SITE PLAN to scale (8 %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 ail 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, backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. REDUCED LANDSCAPE PLAN to scale (8 Y2 X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not beet. u OCT 0 6 2005 PLANNING 19 Y '?f (,I i- c.?x?xJRTF r 0 ? CRI 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'/i X 11) (black and white and color rendering, if possible) as required. J. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or i to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall l include the street address (numerals) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? Reduced signage proposal (8'/: X 11) (color), if submitting Comprehensive Sign Program application, K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) if required by the Traffic Operations Manager or his/her designee or if the proposed development: ?klnclude • 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 (1TE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): Traffic Impact Study is included. The study must include a summary table of pre- and post-development levels of service for all roadway legs and each turning movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration OCT 0 0 2005 L. SIGNATURE: I, the unde#igne acknowledge that all representations made in this applicatio /are tr a and accurate to the best of my knowledge and authorizes. City r presentatives to visit and photograph the property describe, in thi application. PLANNING J? i;F` !1:i.QPMF N'1 ` 4 STATE OF FLORIDA, COUNTY OF PINELLAS S om. to nd subscribed before _ ne this ? day of A.D. 20? to me and/or by who is personally known has aroduced .? ; as property owner or representative My commission V.r rue, DOREEN A. WILLIAMS o MY COMMISSION # DD 155802 +n _ . _ ?'? FxPIRES: October 14, 2008 I`¦' ¦ 08/24/2005 16:39 72744680: NORTHSIDE ENG S' • PAGE 01/e3 CITY OF CLEARWATER CRiGINAL 1- - AFFIDAVIT TO AUTHORIZE AGENT PLANNING & DEVELOPMENT SERVICES ADMINISTRATION N41JNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, 2"' FLOOR PHONE (7M-562-4567 FAX (727) 5624576 (Name of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 1,&3 6 AY E's PG A 1UA aE. A N 4 6 S ? ?Ay E-S PL AIUA D E ress or General Location) 2. That this property constitutes the property for which a request for a: 1?E?/E? p,L? Ems` (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint A,) ,e ,-74 SiQl- _ __- - ) 6 #AJ6 6"r /it/L? -5-E-e -c6s . -7-Ax . ky6 A&-Nlt.IA ' L D ?NPC- AA-J3 as (hisIthelr) agent(s) to execute any petitions or other documents necessary to affect such petition; 1WAAJA 6 -C ?-r E iv` f 1- 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (1/we), the undersigned authority, hereby certify that the foregoin ' d c rre - Property Owner i Property Owner STATE OF FLORIDA, COUNTY OF 11`11V'LLAS 4ep- fon: me the undersigned, an officer duly Comrni io Rd by the laws of the tate of Florida, on this day of personally appeared "?? who having been first duly sworn s es and d says that he/she fully understand a contents of the affidavit that he/she signed. Q 1 \ .' .>$oYPU? DOREEN A. wILLIAMS My Commission Expires: "s` MY COMMISSION DD 155802 ?p«A0' EXPIRES: October 14, 2006 1-800.3-NOTAAY FL Notary Service & Bonding, Inc. S: application formsldevelopment review/Affidavit to Authorize Agent Public • a ORIGINAL Exhibit "A" to Flexible Development Application (Level II) Oi,T Q 4 2005 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 3' to trash staging 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, 8' to the pool and 12' to building, HEIGHT: From 35' to 59'8" to top of roof deck 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. nD L? Uk L I t 1 OCT O 6 2005 PLANN NG ? 7E1elini )N AENt !, 0 0 ORIGINAL Exhibit "A" to Flexible Development Application (Level II) OCT 0 4 Z0?5 657 Bay Esplanade (Palazzo Clearwater) Page Two 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 one ingress and one egress 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 d 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. OCT 0 200 . pLA.Ny 1N(-i9')EV_ -0PMFN ,,. ,.c ra w_"a VATFR _._.... OCT 0 4 2005 Exhibit "A" to Flexible Development Application (Level 11) NiG'Nh 657 Bay Esplanade (Palazzo Clearwater) Comprehensive Infill Redevelopment Project Criteria ( 1. The proposed development is impractical without deviations. The units would be tiny hotel size units if were to cram so many units per floor and not ask for a height variance. All other deviations are to setbacks to pavement and not to the building per the current code. /2. The development of the parcel proposed for development will not reduce the 'fair market value of abutting properties. Currently, the sites as is, has a fair market value in the amount of $1,468,300.00. Upon redevelopment, the approximately fair market value will be approximately $10,000,000.00. 13. The use within the comprehensive infill redevelopment project is permitted in the City of Clearwater. The current parcel is located within the "Tourist" zoning district. The proposed redevelopment is for attached dwelling units which are permitted within this zoning district. ?4. The use within the comprehensive infill redevelopment project is compatible with adjacent land uses. Adjacent properties which have already been approved through CDB are compatible in height, as well as use. Currently approved parcels will be of attached dwellings as is our project. J 5. Suitable sites for development of the use are not otherwise available in the City of Clearwater. The current site is a suitable site for development. It is compatible with surrounding parcels. /6. The development of the parcel proposed for development will upgrade the immediate vicinity of the parcel proposed for development. Currently, the property is unkempt and in need of a major facelift. Any improvement to the site will offer an immediate upgrade. 7. The design of the proposed redevelopment project will create a form and function that enhances the community character of the immediate vicinity of the parcel proposed and the City of Clearwater as a whole. Currently the sites consists of a duplex and apartments built in 1951. The surrounding parcels have been approved for attached dwelling units. This redevelopment will be consistent with the redevelopment and enhance the area with new lush landscaping, and a new building which will look like a little piece of Italy. J8. No lot width reductions are being requested. An increase in height from 35' to 59'8" has been requested although Council has directed staff 65' will be acceptable. No building setbacks have been requested, only setbacks to pavement, trash staging areas and pool/pool deck. All parking will remain on-site. J 9. All parking will be contained on the parcel site. The developer has made a conscious effort in regards to parking. The site exceeds the 1.5 parking spaces per unit to 1.9. j 10. The design of the building complies with the "Tourist District". See attached sheet !U rOCT o s 2oa LE`"_ AVATt?, 0 • Exhibit `A" - Flexible Criteria (continued) OCT O 4 2005 657 Bay Esplanade (Palazzo Clearwater) Page Three j R GAttached Dwelling: 1. Lot area and Width. a 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. Height: a In the Tourist District "Beach by Design" a height restriction of 35' has currently been revised to 65' in this area. The current height of our building is 59'8" from BFE. This is under the 65'. a N/A 4. Setbacks: o 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. , a 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. a 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. -street parking: o Off-street parking is being provided on project. All parking is contained on-site and the minimum parking requirement has been exceeded. Along with the parking, all parking is to be screened by landscaped fence along ROW and adjacent parcels. 6. Tourist District Beach by Design: a 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 surrounding projects on Clearwater Beach. The proposed height of 59'-8" is a mid-level design keeping with other like projects. The footprint of the building is being kept over 30' back off the property line as not to crowd the pedestrian walks with a residential building. The building above is 23' from the front property line at a height of 14' above BFE. The rich, Italian style architecture will be aesthetically pleasing not only to the residing owners, but also to tourist and surrounding neighbors. D OCT 0 6 2005, PLANNING R DEVELOPMENT .11VVS Cz-J/24/ 25@5 16:25 7274466E. 3 1$ N0RTHE=J- E'NG S+, 9 CRiC'iNrl LETTER OF AUTHOPUZATION This letter will serve as authorization for Housh Ghovaee with Northside >?>'a?ryA Engineering Services, Inc. to act as an agent for ?J and to.exedute any and all documents related to secUring permits and approvals for the construction on the property .generally located at O3= 1!5-- -0(7:7 -04' y0' lying within iN Signature of Property lo'.? - 61:0' ge County, State of f7` L? r Address of Property Owner CitylStatelZip Code OCT 0 6 2005 PLANNit-JIG-Z x ,1rL0; ME5-1-vw VC` Print Name of Property Owner Teiephons Number State ,1.P 1.? The foregoing insirument was acknowledge befonz met is - dFy ti Ais County as who t personally known to me or who has produced as identification and who did (did not) take an oath, DOREEN A. WILLIAMS MY COMMISSION # DD 155802 EXPIRES: October 1a, 2006 ' Notary Put)lic AY FI-Notary Service 8 Bonding Inc, (Signa ure) Commission 9 (SEAL ABOVE) (Name of Notary Typed, Printed or Stamped) 08/24/2005 16:39 727446803`' NORTHSTDE ENG SV PAGE 03/03 0'. R IGINAL LETTER OF AUTHORIZATION This letter will serve as authorization for Roush Ohovaee with Northside lyr 71 C'otZ? Engineering Services, Inc. to act as an agent for .? +gC? H A!5- V&C'o lople 'V and to•execute any and all documents related to- securing permits and approvals for the construction on the property generally located at 0 9 - IS-- y!Z s -0;1-7 - lying 10",Q6 L z /" County, State of FZ o-e / ?J A Signatur - of Pro owner flY ? Address of Property Owner Cru{ j City/State/Zip Code %? -mul_ 0 Print Name of Property Owner _79-;7- 64-7- 19&&e Telephone Number Sta ?f'l , The foregoing instrument was' acknowledge before. me this day County of ?? ? •? , by&'--?? ?_"& as 14- who is personally known to me or who has produced as identification and who did (did not) take an oath. N 4P*0rPO4-- DOREEN A. WILLIAMSr S? MY COMMISSION # oo 13550: or 1101 EXPIRES: October 14, 2006 1800 3N ARY FL Notary SeMoo 8 F3a, rQ lr,c (SEAL, ABOVE) Notary Public (Name of Notary Typed, Printed or Stamped) OCT 0 6 200E el 4_? s • 0MG INAL State: FL County: Pinellas Order #: 05-3239 Plant #: Commitment #: Effective Date & Time: Reinsurance Agent #: 3065*05-3239 March 08, 2005 @ 8:00 05-017 A.M. Schedule A 1. Policy or Policies to be issued: ALTA LOAN (10-17-92) Proposed Insured Loan: Amount 2nd Proposed Insured Loan: Amount ALTA OWNER'S (10-17-92) Proposed Insured Owners: Amount MENNA DEVELOPMENT & MANAGEMENT, INC. $1,475,000.00 2. The estate or interest in the land described or referred to in the Commitment and covered herein is: FEE SIMPLE and is at the effective date hereof vested in: BEACH & GULF SANDS, INC., a Florida Corporation 3, The land is described as follows: Lot 4, Block 77, MANDALAY UNIT NO. 5, according to the plat thereof, recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida. . ff OCT 0 6 2 i..0HAENJ ! Issued By: FL7713*05-017 STEPHEN G. WATTS, P.A. 606 DRUID ROAD EAST . Si ................ ....... CLEARWATER, FL 33756 CounterrignVd L thorized Signatory NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule BSection 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference In the insert pages. . ? ?..A n... ,.7+nr T?/?f1D 7ITI C InICi ?o n ?irc 0 R ? G I N A Schedule B - Section 1 The following are the requirements to be complied with: 1. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record to wit: a. Warranty Deed from BEACH & GULF SANDS, INC., a Florida Corporation to MENNA DEVELOPMENT &-MANAGEMENT, INC. conveying the land, together with the following: (1). Satisfactory proof, acceptable to the Company, must be furnished showing the corporations(s) to be existing and in good standing under the laws of the State where incorporated. (2) If above deed is to be executed by an officer other than a Chief Executive Officer, President or Vice President, a certified resolution authorizing said officer to sign on behalf of the corporation(s) must be recorded. b. Mortgage from MENNA DEVELOPMENT & MANAGEMENT, INC. to THE PROPOSED INSURED LENDER AS SHOWN ON SCHEDULE A HEREOF, encumbering the lard in the amount shown on Schedule A hereof. 2. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable, 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. 5. Exceptions 3 and 4 of Schedule B - Section 2 of this commitment may be amended in or deleted from the policy to be issued if a survey, satisfactory to the Company, is furnished to Company. 6. Release or Satisfaction of Mortgage recorded in Official Records Book 9207, Page 1314, of the Public Records of Pinellas County, Florida. 7. Release or Satisfaction of Mortgage recorded in Official Records Book 12360, Page 1638, of the . Public Records of Pinellas County, Florida. 8. Payment of real property taxes for the year(s): 2004, 2003 & 2002. 9. Satisfactory proof, acceptable to the Company, must be furnished showing the following corporations(s) to be existing and in good standing under the laws of the State where incorporated. Corporation : Menna Development & Management, Inc. OCT 0 6 200e PI'.ANNiT??.7 R i?F'/i:: flL]inr..•. .__ NOTE: This Commitment consists of Insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule 13-Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the. Insert pages. Commitment R: File t 05-3239 • 0MOINAL 10. Payment of any pending or certified chargeslspecial lien/assessments including, but not limited to: Sanitation, Utility, Road Paving, Wastewater imposed by City, County, and/or State. NOTE: This county may have special lien/assessments imposed by the local municipality. These lien/assessments are not discovered in a title search or shown above. These special assessments typically create a lien on real property. The municipality which governs subject property must be contacted to verify payment status. 11. If requested, all applicable ALTA endorsements will be issued with the final loan policy, including, but not limited to, 4.1, 5.1, 6.4, 6.1, 6.2, and 8.1. The Florida Endorsement Form 9 will be attached to the final loan policy when issued without any deletions subject,to compliance of all underwriting requirements of company, receipt by company of survey meeting the requirements of Sec. 627.7842(1) (a), and subject to the Florida Department of Insurance Rules governing its issuance. If a deletion of any provision of the Form 9 is required, no funds of the proposed insured lender will be disbursed by company or its policy issuing agent without first notifying the proposed insured lender of the deletion and then obtaining approval of the deletion from the proposed insured lender. If the proposed insured lender does not approve the deletion, company or its policy issuing agent shall be authorized to return the proposed insured lender's funds to the proposed insured lender and cancel this commitment. NOTE: This Commitment consists of insert pages labeled In Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. Commitmentt File #: 05-3239 0 0 ORIGINAL Schedule B - Section 2 Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the Public Records. 3. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the public records. 8. Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable. 7. Restrictions, reservations and easements as indicated and/or shown on that certain Plat recorded in Plat Book 20, at Page 48, of the Public Records of Pinellas County, Florida. 8. Riparian rights and littoral rights, if any, incident to the land which are neither insured nor guaranteed. 9. 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. 10. L.eakehold Interest of any tenant. 11. Any future special lienlassessments imposed by City, County, and/or State. 12. All licences, inventory, fixtures, accounts receivable, accounts payable, trade names, matters deemed personal property and all other items connected with the on-going business conducted on the insured premises not normally considered real property are excluded from the terms and conditions of this commitment. NOTE: TAX ID##05-29-15-54756-077-0040; Payment information for 2004 taxes; UNPAID; Gross amount $9,532.30. dl OCT o s ono: 1 PLANNING u Z 'yf:D i ,;NIEiN i vCS NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment Is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. Commitment#: File #: 45-3239 i f? 1 1 ! r?mr: ,m+rn, ?? ONVOREE sth n6- W zi In PR '7t f rf:1 qG u ItIF t k7r 1/ !Z /d R Is !6 1T Ib I! pr , A 9 11 /1 U 13 w t EL ORIGINAL a `. J ek is wial.,uyac4 fu'garm^q ikf+rNl tnr Iilj copra In hr ym7R Pl r krl ai hrt duriky' ar &mq a acb?Alm .! fk oboe atwrid RSftAy cn? plcllyd ufb+?rtYq rdc1t11 plq 7jltvpnl Riab' L,rorl{PII! &axG'ndmwhlS ondAtrc0.•tfltwh (1 . lr pv)LE vK a/ blrub v+vfrcch ,a I!e»/ cf lAf p6F K? fi !De bopnr, /as' (ia ,rb+ksw) rs prl,Yws^Sy ?. ?d :rr7.dw vprnny gntvttigYnnr+crs n°IOarnG u J7x ?•? J?ig(N vQvA!Ilti4f rrbwdiam P! J>ap7Y4nA ar= ?t cnntf aW enhrcy witlie /!s• bf.n0?iu sf wndlbt • +?p, },xF!run shcH7 vm r?nl P? rt7roartkct rigle snd 'i Y m wH, i?oikd, t F i d 7 1 41yf• . p+ Q _ ? ? ? f?'? aatwrre quau mart rarmat n 5? p? iln} ?G/Lfl+l./? b ? d 1 x..rf - a.+w t F7 ? ' '? I {? ? ? ? datraf A.nu f ¢f N31? / ? + ,rur?°wra. ? e1 ?? F Y w7sor Arat I I,KYfq If ifvc,h+ !d' AY it t vl? - Y ?Jl 4h _, ? r . . m% rPG tt . _ q irivG +x pcrtepal/ a?ao1 L.AJl+var ad tttYttt?; K3piGI7K+y ljtd'Cd .rJ.yo'Yla)r,!/a! G4'tlWIRG1Mo l T a a ctr,p rkrh,rl •.:t%ri x.54 NiAr.Y fix34'AZ. FR r? ?u d gd Na 7 Ilk lC &'W b q ?rn W ,A- {N+anT asmlm l c Mcl+y gbara! JsBl°r wrearEYjm t o aJ vAd? w Ix I:fv »1"Oe Abc a aYA If1. 4 & " i1dwr,,=, lt'KJ1 f#t/A/K} N l fD07 /Acy Orryna RmtL 7b6Irl w IVI If Nl Pt ,'a}mvlitrt vsnc? IM tt c?Sf?rladi?iPlrN+? //•..??.r? ?Hr im Il ?(n?IIFF pra kr+bvArlnt li lk of 1 4 Y^.! FIT NMm?+rcmf cr id e?ll??" - V rCCG1G,if:.?RIP4vr16t vntPAric ur•tAndllK..fr •t.. nm III}Pa m r . ? CLEARMTER BEACH I .c? fa 4,,? . ,arc •» r ? r •, 3 ? F' UNIT Not 5 r,v r,;,n f ClEAMTER ISLAND IiPWE M vt W t V •p`• :: ti` 0.2r p•W""" lr,* a!h/acJd+lt><Nkh•$Y/d Ay ei 1 is $la4 d, v1 dot l9ie t tat t z I • a i [ ? ?:. r + . rn v On'w ? Gh?? dul id' iii d 116 I Aetedr tcrlry IM I% QMx plvy.,itf Aa Ma trYytO vla mcurrnb 7c! dt ms'rpkJ aA1 tmhyt. i • ; • a%rt r7q:tiv l a 4 VD,I? f f i i Ci vlvKnSl7ne, vr>fbk and MyAlt Al.**e +:tk PvQ°CMW $ f ,nYV o ?t taryir, F°rid°. vMrl, Y t7mt i L Ilr (} !W mrl vl th't daf whxA heaTcfo• BrfcM atl7ra0ro VW Buts 2!a•k'irld flGIa7wdls 1 A f (? I p T q e it1l (F16 . Br7t f!, }qls if s :s -plot W !Ee ofaurc7lio/w bPort:-nomclq DID-YL U ll (t t7+ld - a?T° r a 1 ?n? raw. 1 t i f?P I uu, L AVENUE: )v u!r ,tn ix7t •• Iq I AL ? 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.: ORIGINAL KARLEEN R DE BLAKER, CLERK PINELLAS COUNTY FLORIDA OFCOURT 1NST# 2004141436 04/06/2004 at 03:55 pM OFF REC SK: 13483 PG: 656-660 DocType:DEED RECORDING: $24,00 D DOC STAMP: $61'95.00 Parcel Identification No. 05-29-15-54756-077-0050 [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 u U L? OCT 0 6 2005 0 1. V CRI G 1, N A .. Warrantv 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, V9L, 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. 1 (Seal) Mark R. Molep Witness Name: Witness Name: Witness Name. (Seal) John F. Walsh Keith A. Henderson (Seal) Witness Name: State of County of The foregoing instrument was aclmowled ed before me this O.5 day of personally known or L1] has produced a Nzksw --'b L, dri, [Notary Seal] "OFFICIAL SEAL" SULTANA GOWANi Notary Public, State of Illinois My Commission Expires August 4, 2005 OCT 0 E! 2605 P(APdtvRar, r,t?i1?A9E N i Yv? 2004 by Mark R. Molepske, who L] is use as identification. Notary Public PrintedNam L1L f?R t?? ??;(ii 1 ?Ij My Commission Expires: U?9 Signed, sealed and delivered in our presence: : 0 0 ORIGINAL 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, OL, 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 c- The Grantor, Keith A. Henderson, being under oath does swear the propwWherein 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: (Seal) Mark R. Molepske Witness Name: Witness ame: 6 - Witness Name: 6, j'.j g-x_1 Witness Name: Witness Name: State of (Seal) John Valsh Keith A. Henderson eal) D NCB[E00N OCT062001 PIAi?NIA1l`, 3 r)_r ,ri . -fdi VCS County o- t The foregoing instrument was acknowledged r}?ef xe me this ?9_day of March, 2004 by .Ua4-. 14pske, who 2-1 is personally known or has produced a ?•1 CE/?%2._- driver's licens s identification. [Notary Seal] "_0 Public SHERYL A. QUAY D Printed Name:??1 COMM. a1297600 .? NOTARY PUBLIC-CALIFORNIA Q ' ?? LOS ANGELES COUNTY '' ! ?,.?. ° My Gomm. GELE6 C N Y My Commission Expires: Y- t, l ?? 0 & NiGAAL 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 j esc bed s not his o stead a defined by the laws of the State of Florida and that he in fact resides at > i r.1? 1s e rC_. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. r Signed, sealed and delivered in our presence: Witness Name: Witness Name: Witness Name: Witness Name: { Wi ess e: v?ti2 Vf P if cofi Witness Name: O?j State of County of Mark R. Molepske John F. Walsh (Seal) (Seal) A Keith A. Henderson _ UU OCT o 6 Zoos PLAtiT?.n?r,Q`Y'?OP c -N I- The foregoing instrument was acknowledged before me this ____ day of March, 2004 by Mark R. Molepske, who [j is personally known or L] has produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: • s ORIGNAL State of County of The foregoing instrument was acknowledged before me this _ day of March, 2004 by John P. Walsh, who [I is personally known or [I has produced a driver's license as identification. [Notary Seal] County of Notary Public i State of C.r1 Printed Name: My Commission Expires: The foregoing instrument was acknowledged before e this A day of March, 2004 by Keith A. Henderson, who U is personally known orehas produced a CIA -07-_ drive ' icense as i ntific n. r [Notary Seal] Notary Pu li, n /?fy?t Printed Name: .. RAMZAN dATr? A My Commission Expires: , Lea Comm. # 1359643 NOTARY PUBLIC-CALIFORNIA UI Orange County my Comm. Expires June 8, 2006 ?A i OCT 0 6 20 P?p??Pi?NG XS 1 A R N CITY OF CLE a ARWATER APPLICATION FOR TRANSFER OF DEVELOPMENT RIGHTS PLANNING & DEVELOPMENT SERVICES MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE. AVENUE, 2°d FLOOR PHONE (727)-5624567 FAX (727) 562-4576 APPUCANrS NAME MAIUNG ADDRESS 3375-5 PHONE NUMBER : l--? 7- 116-,, F1?? r FAX NUMBER : `216/ PHONE NUMBER /1 FAX NUMBER : `-P" /.- -c! Gr'zi &`' SITE TO WHICH THE TDR WILL BE TRANSFERRED (receiver site): PROPERTY OWNER Jj { 7 Af" / MAILING ADDRES S ' A ?? (,1 t 1 Iy ?I r` I't? ZZ7 c i / Z PHONE NUMBER FAX NUMBER 6,PP,r? -:rwpr?nu - STREET ADDRESS (IF IN METES AN S, ATTACH A SEPARATE SHED PARCEL NUMBER J /b_C/ /.7/}2i'7 L3 K G L ZONING DISTRICT SIZE OF SITE CURRENT USE OF THE PROPERTY % A r'. ! • (0 OF HOTEL ROOMS, DWELLING UNITS. COMMERCIAL FLOOR AREA. VACANT) r i Pagel of 2 . lip ?E - I o?qw- ?t7 ?'JiS • CRiGINAL HOW MANY DEVELOPMENT RIGHTS ARE ALLOCATED TO THIS SITE? f HOW MANY DEVELOPMENT RIGHTS ARE BEING TRANSFERRED? HAVE DEVELOPMENT RIGHTS PREVIOUSLY BEEN TRANSFERRED TO OR_FROM THIS PROPERTY?. IF YES, HOW MANY DEVELOPMENT RIGHTS HAVE BEEN TRANSFERRED? .z IS A HEIGHT INCREASE REQUESTED? _ YES NO IF YES, HEIGHT REQUESTED: YES l- NO SITE FROM WHICH THE TDR WILL BE TRANSFERRED (sender site): STREET ADDRESS -: (9-- /7./ PARCEL NUMBER ZONING DISTRICT SIZE OF SITE _ CURRENT USE OF THE PROPERTY HOW MANY (9 OF HOTEL ROOMS, DWELLING UNITS. COMMERCIAL FLOOR AREA, VACANT) 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. 4 - Page 2of2 t>11r, OCT 0620055 ` j PIANN1111(i $ 0-V?i ?.?FNi :.u{'ia Ul'Y CT -tit tir._ ..= +W_hfl. PHONE NUMBER ; 7 ?I?'l • LC'e2U f FAX NUMBER :W -7 -/ 7- l4 G ?! LEGAL DESCRIPTION Cz (IF IN METES AND SOUNDS, ATTACH A SEPARATE SHEET) ??_ _ SEALED SURVEY FOR BOTH THE SENDER AND THE RECEIVER SITES WITH THE SQUARE FOOTAGE 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 PINE LAS representa -ons made in this application Sworn to and.subscribed before me thisz5 day of are true a accurate to the best of my 11_-L"! A.D.,, ' - to me and/or kno edg.,, who is personally known has produced 4_as II identification. re of property owner or representative Notary public j my commission expires: 6 i7 S: application forms/development reviewRransfer of development rights appilcation.doc i Page 3 of 2 OCT 0 6.2005- PLANNING g 0?-V?:i, t:'MENj LvCS ORIGINAL CITY OF CLEARWATER AFFIDAVIT_TO AUTHORIZE AGENT r ®'- o 99hATEA-???4 MUIV?PALI SERVICES UDEVELOPMENT BUILDING, SOUTH-M`fRADMINNUE?2"d FLOOR PHONE. (727)-562-4567 FAX (727) 562-4576 2. That this property constitutes the property for which a request for a: request) 3. That the undersigned (has/have) appointed and (does/do) appoint as (his/their) agent(s) to execute any petitions or other documents necessary to i? 4. That this affidavit has been executed to induce fig. Ity f Clearw er, Florida to consider and act on the above described property; 5. That/ ve), the undersigned authority, here t t r going is true and correct. Property 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 ?,t,,4 ?_ o jag _ personally appeared ? Q- -) -14 who having been first duty sworn deposes and says that he/she fully understands the contents f the affidavit that he/she signed. N Notary Public My Cbmmission Expires: S: application forms/development via ffl vlFt- Au ou;z OCT062Q05 ;I ;.Cl"NIENI ;,;t{;$ .F1oY°4e? DOREEN A. WILLIAMS MY COMMISSION # DD 155802 ?arP?! EXPIRES: October 14, 2008 1-WO-3-NOTARY FL Notary Service & Bonding. Ire - I- 1. Th f a we are) the owner(s) and record title holder(s) of the following described property: r • Horthsise August 24, 2005 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: CIVIL • LAND PLANNIiING • ENVIRONMEN SAL • TRAN5PORTAT;0 • ORIGINAL 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 Il 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%. a L? [-? i-? U J , h[OC:T0:6 2005- PLA'NN1N(, g 0 .', ^E ??+ wal 60. CLEVELAND STREET, Sit! TE 930 GI?Y(t_ CLEARWATER, FLORIDA 33755 N ESADP,A,i NC,,.^,I N DSPRI NG.CO/v1 NESTECH@/,.AIND5PRINC,.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 • . • Mr. Wayne Wells August 24, 2005 Page Two ORIGINAL 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. Sincerely,, _j r ore n? Willl ams D "? L Project Director OCT06200 M I PLANNfnu;'t D?Vr i 0f; Ea r ;; vGS 0 • M M MENNA DEVELOPMENT Sc 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: ORiGINALL I, Anthony Menna, am the Managing Agent of North Clearwater Beach.Development, LLC located at P O Box 4189, Clearwater, Florida. The purpose of this-letter is to acknowledge my authorization of transferring development rights of (2) units from the property owned by me and located at 120 Brightwater Drive to the property owned by North Clearwater Beach Development, LLC located at 657 Bay Esplanade, 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 ns regarding this transfer, please do not hesitate to contact me at 727-796-00223 Sincerel NCII TYI (TL4ARWA;rER BEACH EVELOPMENT, LLC. Agent ? 1 OCT 0 6 200 PLANNINr,,; hIFN1 „vLS P.O. BOX 4189 CLEARWATER, FLORIDA 33758-4189 PH: 727-796-0021 FX: 727-797-8504 INAWN.MDMHOTELS.COM ORIGINAL ?I OCT 0 6 2005 PLANNING, k ?E'rr 1 N??E ?v i ;,uCS? V This document prepared by KEN BURKE, CLERK OF COURT. find SI Id be returned to: PINELLAS COUNTY FLORIDA 23 T 2 Emil G. Pratesi, Esquire AM O F REC BK 14175 PG/ 0505-1 07 Richards, Gilkey, Fite, Slaughter, - DOCType:DEED RECORDING: $27.00 Pratesi & Ward, P.A. D DOC STAMP: $0.70 1253 Park Street Clearwater, Florida 33756- 0 R1Gl^aA'L DENSITY TRANSFER WARRANTY DEED / THIS INDENTURE made this f7/? day of >L7(.,4/all 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 C:LEARWATER 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: t 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 assigps 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: BELLE AQUA VILLAS, LLC, a Florida limited liability company _ By: MENNA DEVELOPMENT x& , MANAGEM ? INC.1, Flor' Cd. p., Mgnager e i21 )j' Nam ?r __.,.. -- By. na, e: s President Nr`cF n F ©CT06200 ti ,mac ) Ir; ;,--V;- OPioFIj STATE OF Fl'x"- a COUNTY OF ?Z,?g//, S 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 /? day of tar 2005. _Q/ _ Name; Notary Public Commission No.-jaj bjY My commission expires: S?/?I2aor DEBRAJSCALA Nctary Poblic, Slate of Florida My Come. E,q.. May 15, 2007 No. DD213035 ORIGINAL I EGP/mk Egrp/2ndofc/BelleAqua/DnstyTfrWD H OCT 0 5 2005 PLANNINt, .. + t'ri:nEr'a i vYCrij l 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. ORIGI"Vi4i_ .I L OCT 0 6 2005 ORIGINAL -- r 665 668 685 662 657 661 658 673 m O 654 m 654 A 655 648 653 650 y 650 669 m 644 648 667 647 65 657 663 665 640 Q 651 ? Q 50 638- z ROYAL WAY p a. ! 647 631 636 645 643 619 P? 637 635 629 625 622 1 OCT 0 6 2005 PLANNING IDEytiOPME rii ;, . L- CIlY OF CL.E,,;:PAbl 0 R i O'll, v,'? L State: FL County: Pinellas Order #: 05-3239 Plant #: 3065"05-3239 Commitment #: Effective Date & Time: March 08, 2005 @ 8:00 A.M. Reinsurance #: Agent 05-017 Schedule A 1. Policy or Policies to be issued: ALTA LOAN (10-17-92) Proposed Insured Loan: Amount 2nd Proposed Insured Loan: Amount ALTA OWNER'S (10-17-92) Proposed Insured Owners: Amount MENNA DEVELOPMENT & MANAGEMENT, INC. $1,475,000.00 2. The estate or interest in the land described or referred to in the Commitment and covered herein is: FEE SIMPLE and is at the effective date hereof vested in: BEACH & GULF SANDS, INC., a Florida Corporation 3. The land is described as follows: Lot 4, Block 77, MANDALAY UNIT NO, 5, according to the plat thereof, recorded in Plat Book 20, Page 27 of the Public Records of Pinellas County, Florida. Issued By: FL7713'05-017 STEPHEN G. WATTS, P.A, 606 DRUID ROAD EAST _ _....._....... CLEARWATER, FL 33756 Countersign d uthorized Signatory NOTE: This Commitment consists of insert pages labeled In Schedule A, Schedule B-Section 1, and Schedule SSection 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference In the insert pages. . UnderAter. TICOR TITLE INSURANCE 05.2 (?IL5 L?UUL? OCT 0 6 200 l, )LAN NINC, Y 7E' riFttiii SVOrS Schedule B- Section 1 ORIGIN AL The following are the requirements to be complied with: Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record to wit: a. Warranty Deed from BEACH & GULF SANDS, INC., a Florida Corporation to HENNA DEVELOPMENT & MANAGEMENT, INC. conveying the land, together with the following: (1), Satisfactory proof, acceptable to the Company, must be.furnished showing the corporations(s) to be existing and in good standing under the laws of the State where incorporated. (2) If above deed is to be executed by an officer other than a Chief Executive Officer, President or Vice President, a certified resolution authorizing said officer to sign on behalf of the corporation(s) must.be recorded. b. Mortgage from MENNA DEVELOPMENT & MANAGEMENT, INC. to THE PROPOSED INSURED LENDER AS SHOWN ON SCHEDULE A HEREOF, encumbering the land in the amount shown on Schedule A hereof. 2. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors; labor and materialmen are all paid. 5. Exceptions 3 and 4 of Schedule B - Section 2 of this commitment may be amended in or deleted from the policy to be issued if a survey, satisfactory to the Company, is furnished to Company. 6. Release or Satisfaction of Mortgage recorded in Official Records book 9207, Page 1314, of the Public Records of Pinellas County, Florida. 7. Release or Satisfaction of Mortgage recorded in Official Records Book 12360, Page 1638, of the Public Records of Pinellas County, Florida. 8. Payment of real property taxes for the year(s): 2004, 2003 & 2002. 9. Satisfactory proof, acceptable to the Company, must be furnished showing the following corporations(s) to be existing and in good standing under the laws of the State where incorporated. Corporation : Menna Development & Management, Inc. NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are Included, along with any Rider pages incorporated by reference In the Insert pages. Commitment n: OCTo62M4W PLAN NINr II t?l `: f i r e4T L3F 111,E b I r Filet. 05-3235 ! • ORIGINk 10. Payment of any pending or certified charges/special lien/assessments including, but not limited to: Sanitation, Utility, Road Paving, Wastewater imposed by City, County, and/or State. NOTE: This county may have special lien/assessments imposed by the local municipality. These lien/assessments are not discovered in a title search or shown above. These special assessments typically create a lien on real property. The municipality which governs subject property must be contadted to verify payment status. 11. If requested, all applicable ALTA endorsements will be issued with the final loan policy, including, but not limited to, 4.1, 5,1, 6.0, 6.1, 6.2, and 8.1. The Florida Endorsement Form 9 will be attached to the final loan policy when issued without any deletions subject.to compliance of all underwriting requirements of company, receipt by company of survey meeting the requirements of Sec. 627.7842(1) (a), and subject to the Florida Department of Insurance Rules governing its issuance. If a deletion of any provision of the Form 9 is required, no funds of the proposed insured lender will be disbursed by company or its policy issuing agent without first notifying the proposed insured lender of the deletion and then obtaining approval of the deletion from the proposed insured lender. If the proposed insured lender does not approve the deletion, company or its policy issuing agent shall be authorized to return the proposed insured lender's funds to the proposed insured lender and cancel this commitment. NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment Is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference In the insert pages. Commitmentt OCT 0 6 Z00vo 7 File #: 05-3239 t t+ ?1 ?./_ Q F • ! ORIGINAL Schedule B - Section 2 Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the Public Records. 3. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the public records. 6. Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable. 7. Restrictions, reservations and easements as indicated and/or shown on that certain Plat recorded in Plat Book 20, at Page 48, of the Public Records of Pinellas County, Florida. 8. Riparian rights and littoral rights, if any, incident to the land which are neither insured nor guaranteed. 9. 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. 10. Leasehold Interest of any tenant. 11. Any future special lien/assessments imposed by City, County, and/or State. 12. All licences, inventory, fixtures, accounts receivable, accounts payable, trade names, matters deemed personal property and all other items connected with the on-going business conducted on the insured premises not normally considered real property are excluded from the terms and conditions of this commitment. NOTE. TAX ID#05-29-15-54756-077-0040; Payment information for 2004 taxes; UNPAID; Gross amount $9,532.30. NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment Is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. Commitment #: V CT06ME ? File #: 05.3239 PLANNING R Q-VEr.OPM' l"Ii -1 r•I,v r1F' S I f-P'Q r1'ATFa :wtlm?Jtn ??? ` / ? Ir L, 4e ./ J_ ,? p?.4 3 E 1 ? a. TER 1 I ' d a Jf4 I! 10 !Z 4 P rs4 O Is• In n vtl 17 1 !r to I} A Ja , ID f e 7 b N A } s l N.I. b m s.,e rr.L.rr. tiw all tc,q v ara dal. J %014 dwlld ffd pblkd aXfWvJ'b8k a0hp- Grorm).r &ccxN o.«rer S vfdkrcq tr ynlle rm 491!11.4 a deck 4411 fl f/ f7d av /P? f74 r4J:nhd rf /vrpN4 m>•Ad yun hr plLed k ra+?4•?.4=1491 !xL• 16.W urd trd & JLmrmael nyl Ih pl tib troaLflntf d .frown N. P.a u••r.J.„x c?hs.4 rorLr lh aLmAvaA a nfwr i«Nkd. N c«sar<: ww uLx1 th Gitl?k?tL J?FI•T;u? ;rlui.'f,?,==?uul Ir Lf?Lss3, ; I 1-aycui+u•-q'` d' i ey' [nan ROAD MANDALAY e ! sFr.?? i s a ?j,?t?-/ien? ww i ? • Il T 4914 :QG IN S ni% n n 5I /•}AIY F-7 F-l F--1 - ' ' arf. nr "ut' k k? 4`''h!`iun?nm lf=Mrl3? - ! _ 4 L . _. ? loin .f rfy,,,y y?„d i.aN:ff, e.f dw11N; k l 4 uao ,amv r4'1kaCd xdSbW! t ar GaLUm (? 2tnu LMM) .s"»e;N4i.k bsrdk:Re Ld / r,?lprnryMbrftiblLr'»la4>trdtdreWau '? ' ! f !k x crrWm fnrN kk p V di L la rba, I.! nd1•Fnd WNfF/yW v Lv ? rura,N •u mL fmmf uxk rNfw,htr •a ndp+Iac. rx a j I' _ .nl fdorlnr.}ft4ra dMh lk rddrd tvi t«4 !t Lw}avllM ealM avid auhvhLnt Li Au al ed 1 ! J • a Ya frflwral It Lk THE ISLE OF A. THOUS PALMS '? ' ,? ttocLar? 1 CbEARTER READ ay • _.b7 ,J?C nHa ` i ? •? ;; 4 . UNIT NO, 5 ,UL. ?: Li ?L:; LL.wJdarnV 4dr r'l e+liWrkk• !vl GGr rfN20M. AP ei is tifxd4 al dff.ptr, xfa 7 lle.CJJ Larry !r+! Iz om. yrv!«rl dv nw I I + ' '' bJ G1gYWqq?1{ealf rNrgd eM mLUlz.hrlN MSrokdwmrlm vrleled np:LLUhlte at f6e gNn d'rfnbine, vnY& and dnykl f}wkr wrk cuurtbw 1 c9 ??j.n.rt of t,nmiulamre, cttvnhLq F,and4, ad LLrnr! 1{ ? llorr, 7661 part nl ilm pr/f YdtJ denhhr rw Bfua 1ku•rNMd rtArrrrtn=n gvfx n rtLUdm ..d+r?°"..'' _ ?ia? ?111fq 1}'J B:vZ rl,pn, Suu ?FroJ rllko(ortrrfrkvaw bl>rh,nfn,<q D1a?Yr U`!1•rttlr/d - ?k?I J cf Cuurnnr ?Ld•+, ? i .. Ll '0.=TUC OCT 0 0 200,, PLANNING A D ? G.RIGNA 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 Above'rhis Line For Recording Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) KARLEEN F. DE 13LAKER, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2004141436 04/06/2004 at 03:55 pM ? -REC SK: 13483 PG: 6S"60 D cType'DEED RECORDING: $24.00 STA&jp: $6195.00 ORIGINAL This Indenture made this 9? 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 NO/100 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'S, 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. 801 DoubieTimee l I' ORIGINAL Warrantv Deed: Mark R Molepske a single man John F Walsh a single man Keith A Henderson, a tingle man to North Clearwater Beach Development LLC a Florida limited liability comganv 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 Name'. Witness Name: Witness Name: State of County of (Seal) Mark R. Mole (Seal) John F. Walsh (Seal) Keith A. Henderson The foregoing instrument was acknowled ed before me this, ? day of Marc 2004 by Mark R. Molepske, who L] is r personally known or M has produced a L?Div l, L__ driver' i e as identification. G¢i [Notary Seal] " Notary Public ` "OFFICIAL SEAL Printed Nam : ULI2Fl C ee? '(1 SULTANAGOWANI Notary Public, State of Illinois _ My Commission Expires August Q, 2005 My Commission E xpires: Warranty Deed (Statutory Form) - Page 2 DoubleTimee rOCT 062OQ V{ Witness Name: • • ORIGINAL 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 companv 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 G. Z Cj t- v l 2 7d r CA ?I>ry Lj 12 The Grantor, Keith A. Henderson, being under oath does swear the prop ?r, herein described is' not his homestead as defined by the laws of the State of Florida and that be 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: Witne ame: C-tJ Witness Name: j? / F 1 zi}2CAbzi/ Mark R. Molepske (Seal) John F. Walsh Witness Name: Witness Name: Keith A. Henderson State of ?? County o (' The foregoing instrument was acknowledged bef re me this 9-day of March, 2004 by .D4aA48lepske, who is "- personally known or has produced a drivers licens As identification. [Notary Seal] otary Public t SHERYL A. QUAY } J CGMM. a12976D0 D Printed Name: ?j f?L t . ( i f/rli NOTARY h BLIGCAIIPORNIA --- ? L' LOS ANGELES CIXINTY j ??' Ny Gwn r. Yotre: ?a + ia, zoos My Commission Expires: Warranty Deed (Statutory Form) - Page 2 DoubleTimeo ocroszai; D • a ORIGINAL 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 be in fact resides at The Grantor, Keith A. Henderson, being under oath does swear the property herein des' bed snot his or stead. defined by the laws of the State of Florida and that he in fact resides at G i i r? i r r f -t- A i ? t v xt F-L , l.,-en r }zr?t • ?, .s t r , C(? 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: Witness Name: Witness Name: Wi ess clC? Witness Name: 0Z-jkr s71c,7 QPA, :1/'" State of C . ?? County of (Seal) Mark R. Molepske (Seal) John F. Walsh ?.?A?''I"=---(weal) Keith A. Henderson The foregoing instrument was acknowledged before me this _ day of March, 2004 by Mark R. Molepske, who [j is personally known or [I has produced a driver's license as identification. [Notary Seal] Notary Public Printed Name: My Commission Expires: Q L?U5L?UkyL? OCT 0 6 2005 J.-JI P1ANNN, iOl-V liOi?h*NI ?C5 • s State of County of ' R 9 G The foregoing instrument was acknowledged before me this _ day of March, 2004 by John F. Walsh, who LI is persona y L known or L] has produced a drivers license as identification. [Notary Seal] Notary Public Printed Name: t My Commission Expires: State of Cr County of The foregoing instrument was acknowledged before e this day of March, 2004 by Keith A. Henderson, who is personally known orehas produced a driver icense as i ntifl n. [Notary Seal] Notary Pu li. Printed Name: ?il GE t 2 RAMZAN JATT? AALA My Commission Expires: C? lea ?' „sue COMM. 41359643 NOTARY PUBLIC- CALIFORNIA U! ° Onnpe County •+ My Comm. Expires Jun88,1008 -+ OCT06ME PLANNING R Of vr"Mt-, v,04 i : V^oc 1 ltYt'?} Northside sq?w" sm,&a 1;06 CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORiGINAL STORMWATER REPORT FOR: PALAZZO PROJECT ?. r Ram A. Goel, P.'f 4 October 2005 Project No. 0520 - i 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 OCT 0 6 200" e f l ORIGINAL PALAZZO DRAINAGE NARRATIVE The proposed project is located in Clearwater, Florida (Section 5, Township 29 south, Range 15 east) at a 657 Bay Esplanade Road. The project consists of the redevelopment of 15,175 sf of property and will include the new construction of 13 attached dwelling units with associated infrastructure improvements such as roadways, utilities, stormwater detention facility and landscaping. The existing site contains 7,444 sf of impervious and 7,731 sf of open space. The proposed site will contain 11,713 sf of impervious and 3,462 sf of open space. The required Y2" water quality treatment volume of 632 cf is provided for in the detention pond which has volume capacity of 830 cf at the design high water elevation of 5.0. This volume is recovered in less than 17 hours through a 6" perforated socked PVC underdrain. Because discharge is into intercoastal waters quantity attenuation is not provided. Overflow discharge is through a 15" RCP core bored through the existing seawall. ocTOS? di ?ID PLANWNG? PROJECT NAME : PALAZZO PROJECT NO.: 0520 POND'S STAGE STORAGE DATA : T.O.V. EL.= D.H.W & W.Q. EL. BOTTOM EL.= CR!GiNr1i_ STAGE ft-NGVD AREA SF AREA AC STORAGE CF 5.50 553 0.013 1,106 5.00 553 0.013 830 4.50 553 0.013 553 4.25 553 0.013 415 4.00 553, 0.013 277 3.75 553 0.013 138 3.50 553 0.013 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = REQUIRED WATER QUALITY DEPTH = REQUIRED WATER QUALITY VOLUME _ PROPOSED OUTFALL ELEVATION = AVAILABLE WATER QUALITY = 15,175 SF 0.50 IN 632 CF 5.00 FT 830 CF OU L? D OCT 0 6 200 ti`rf ioPMC•1'1i vjCS PLANNING ? a „.,?;,? NORTHSIDE ENGINEERING SERVICES POND DRAWDOWN ANALYSIS PROJECT: PALAZZO PROJECT NO.: 0520 VOLUME PROVIDED = 830 C.F. BOTTOM OF SLOT ELEV. = 5.00 BOTTOM OF POND ELEV. = 3.50 UNDERDRAIN INVERT ELEV. = 2.75 COEFFICIENT OF PERMEABILITY (K) = 0.09 FT/MIN LENGTH OF UNDERDRAIN = 15 FT SIZE OF UNDERDRAIN = 6 INCH i POND AREA (SF) = POND AREA (SF) = GR;6I"v,1L 553 S.F. 553 S.F. ELEV. AVG. HEAD INCR HEAD L (AVG) HYD. GRAD. FILTER ARE FLOW POND AREA INCR VOL. INCR TIME FT FT FT FT FT/FT S.F. CFM S.F. C.F. MIN. 5.00 553 1.81 0.38 2.75 0.66 24 1.40 207 148 4.63 553 1.44 0.38 2.75 0.52 24 1.11 207 187 4.25 553 1.06 0.38 2.75 0.39 24 0.82 207 253 3.88 553 0.69 0.38 2.75 0.25 24 0.53 207 391 3.50 553 TOTAL DRAWDOWN VOLUME _ TOTAL DRAWDOWN TIME = 830 C.F. 16.3 HOURS ? cTOS2oa iD F o 11 ??l1(j A ?./t`4?C:S liY?-.?C'IV I v. liJ? 0 • ORiGNAL October 6, 2005 North Clearwater Development, LLC P.O. Box 4189 Clearwater, FL 33758-4189 Attn: . Mr. Anthony Menna Reference: Palazzo Subject: Maintenance and Operation of the Retention Basin Dear Mr. Menna: Per the rules and regulations of the Southwest Florida Water Management District, we are required to furnish you with a set of instructions for maintenance and operation of the retention basin. The retention basin is designed to maintain certain volumes of rainfall runoff corresponding to specific water elevations in the basin. The control structure regulates the level of the water in the basin. The volume above the discharge grate should be discharged under a grease skimmer and through the slot within a few hours following a storm event. The volume below the discharge grate should take less than 24 hours to be discharged through the filtration underdrain and the basin should be dry within 36 hours following a storm event, assuming there is no interceding rainfall. Here are some suggested procedures to keep the stormwater system functional: The bottom and side slopes of the basin should be inspected regularly to assure that excess siltation or erosion has not occurred. Siltation and erosion in the basin shall be controlled to assure that the storage volume is not affected. Periodic scarification of the basin bottom and removal of silts may be required to rejuvenate the percolation rate. It is required that scarification be done every six (6) months. If water discharges over the top of the control structure with no flow through the filter pipe, the storm water facility may be in need of repair. Repairs may be as simple scarifying the filter medium, forcing water through the cleanouts to cleanse the slotted pipe(much in the same manner as back-flushing a swimming pool filter), or as involved as digging up the filter bed and replacing the filter medium. 0 ? a "t? OCTAt? 2G PLANNING ? ter,; rIQPMEN i %C"VCS CI ?Y ()FCt Et-dWArFR L ")MGNAL • Grass clippings and other vegetative debris should be removed from the area surrounding the basin. • The area immediately in front of the control structure should be cleared of aquatic growth • Limit fertilizer use around the pond area to prevent nutrient loading of the facility. • The control structure should be checked monthly and all debris cleared. • Your Management of Surface Water Permit should contain a number of conditions which must be met. If you have any questions or concerns about this project please do not hesitate to call our office. Sincerely, Northside Engineerinq Services, Inc. J r. Dr. Ram Goel, P.E. 9-47431 Id o?TOSZ?? D PLANNING R JE'a%`i nPMEN I %cOVC d • Grass clippings and other vegetative debris should be removed from the area surrounding the basin. • The area immediately in front of the control structure should be cleared of aquatic growth • Limit fertilizer use around the pond area to prevent nutrient loading of the facility. • The control structure should be checked monthly and all debris cleared. • Your Management of Surface Water Permit should contain a number of conditions which must be met. If you have any questions or concerns about this project please do not hesitate to call our office. Sincerely, Northside? ineenrt agrvices, Inc. ;m -dim Lai, Dr.'RamQ 61, P. E. 4743 o ?U L ?I OCT A 6 202 L - -"- .11 0 M ORIGINAL FLD2005-08087 657 BAY ESPLANADE Date Received: 08/2.5/2005 PALAZZO IE 1 U f? AUG 2 5 2005 ZONING DISTRICT: T - LAND USE: RFH ATLAS PAGE: 258A PLANNER OF RECORD: NOT ENTERED CLWCoverSheet W Clearwater U Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 CASE#: rcVX05-DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE * ZONING DISTRICT: LAND USE CLASSIFICATION: SURROUNDING USES OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: ? 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) R n t FLEXIBLE DEVELOPMENT APPLICA'Tl`(? ?1?1` //,\ L Comprehensive Infill Project (Revised 04-05-05) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: On-monq / p0OA PG W s cs _ r?/o LC-C n MAILING ADDRESS: ie 0-se, !Q ??.'art' " , F/. 13 3 ?59 - ?-/ J 8 5 PHONE NUMBER:-7 al -- 73 (o e 001.1 r FAX NUMBER: ° 7.- PROPERTY OWNER(S): ?N ten, r (1 !1 CL ?Vu&A A6 -W&4C1' &,,-A ??/oi QJ/yY?if ?L? C /? (Must ' A include LLL o ers as listed /o? the deed - Provideoriginal signature(s) on page 6) Gl l Z':5E?) . . ? IPQ r G? 157 u,?? c 17 ? J^/l r? _ AGENT NAME: u-5 h h D vre- ee_, 4 aA /A MAILING ADDRESS: /&0/ " ?P?? l0 r? .S f „3 PHONE NUMBER: -)l -l - L`I' n FAX NUMBER: _? a7 - V L4 ?-- Fb31. CELL NUMBER: 7a1 - 2) ].- c 6 { 75 E-MAIL ADDRESS: &3& e- o f Side -n gi? y e_r.'/ 5 . &rf, B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS of subject LEGAL DESCRIPTION: PARCEL NUMBER: (if not listed here, PARCEL SIZE: I/ + 3 `L p ('?jy?Q I S J ?? ,? g (acres, square feet) PROPOSED USE(S), SIZE(S) AND VALUE OF PROJECT: _ /' &tt"-t WCP (number of dwelling units, hotel rooms or square footage of nonresidential e) DESCRIPTION OF REQUEST(S): 11111- , l°J L!Z U U] 1:=a Attach sheets and be specific when identifyin the request (include all requested code deviations; e.g. reduction in required f parking spaces, specific use, ? 77 / d iF L . / -, .A - --- - - ---- L'V DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTSJPR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) UBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT AQRICIIIIN A(L pa ge 6) -D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Ml 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. 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. 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. I y- Provide complete responses to the ten (10) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA (as applicable) - Explain how each criteria is achieved in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical and development standards. .'r kit L:? 2. The development of the parcel proposed for development as a comprehensive infill redevelopment project or residential infill project will not reduce the fair market value f abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Clearwat a 4. The uses or mix of use within the comprehensive infill redevelopment project are cgmpatible with adjacent land uses. z4 5. Suitable sites for development or redevelopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater. 6. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development. g , 0 7. The design of the proposed comprehensive infill redevelopment project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 8. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 4 4 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of parcel proposed for development. 10. The design of all buildings complies with the Tourist District or Downtown District design guidelines in Divisio rti 4e 3$e 97 Use separate sheets as necessary. AUG 2 5 DA NING-.„ . JCS E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Manual and 4-202.A.21) A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that im addition or modification of impervious surface, including buildings, must include a stormwater plan that demonstrates compliance the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface area does not qualify as an exem to this requirement. If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. At a minimum, the STORMWATER PLAN shall include the following: ORIGINAL 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 anual. Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ? COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL / (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ?1 cknowledgement of stormwater plan requirements (Applicant must initial one of the following): Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) U' SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies; ?C TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4° or greater), and location, including drip lines and indicating trees to be removed) -p/ease design around the existing trees; -4 LOCATION MAP OF THE PROPERTY; PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards Cie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; a '-"GRADING PLAN, as applicable; PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) 0/ SITE PLAN with the following information (not to exceed 24" x 36"): c?_ All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; D Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; 14l,ID 2.5 ?Mftz Footprint and size of all PROPOSED buildings and structures; L1lUJ All required setbacks; All existing and proposed points of access; PLANNING) 6 DE?,i=t OJ r?ir NT SVCS All required sight triangles; CITY ??„. ^i }- Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and Section 3-201(D)(i) and Index #701); Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. SITE DATA TABLE for existing, required, and proposed development, in 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 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. VREDUCED SITE PLAN to scale (8'/2 X 11) and color rendering if possible; all required screening (per ORIGINAL percentage of the paved vehicular area; 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) V/ 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; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. REDUCED LANDSCAPE PLAN to scale (8 %X 11) (color rendering if possible); IRRIGATION PLAN (required for level two and three approval); . COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape associated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. J 1FAI-12,2520 I , I PLANNING & DEVE(.OPiv :1 T SVGS. 0 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; 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; ORIGINAI t7 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 / Section 3-1806) ? All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or VVto remain. ?rI 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 % X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4-801.C) ?klnclude 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. D Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): ALIG 2 5 20 Traffic Impact Study is included. The study must include a summary table of pre- and post-deve levels of service for all roa `ay-./ egs and each turning movement at all intersections identified in the Scoping Meeting. r PU+tv?,rt, i Traffic Impact Study is not required. C41 Y oir CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. L. SIGNATURE: I, the anfinthi tgne acknowledge that all representations made in this applicatire t e and accurate to the best of my knowledge and authorize y presentatives to visit and photograph the property describeapplication. STATE OF FLORIDA, COUNTY OF PINELLAS S om to nd subscribed before a this O? day of 1 .4, A.D. 20 to me and/or by who is personally known has produced ' as Signatori of property owner or representative Notary public, My commission ??arru DOREEN A. WILLIAMS MY COMMISSION # DD 155802 ,r,'ar po; EXPIRES: October 14, 2006 1-eaP3.NOTARY FL Naary ate 8' Bonding, Ina 08/24/2005 16:39 72744680 NORTHSIDE ENG S PAGE 01/03 CITY OF CLEARWATER AFFIDAVIT TO AUTHORIZE AGENT ORIGINAL ?-` PLANNING & DEVELOPMENT SERVICES ADMINISTRATION MUNICIPAL SERVICES BUILDING. 100 SOUTH MYRTLE AVENUE, 2"' rLOOR PHONE (727)-562-4567 FAX (727) 562-4576 ?EG r ic%4 [ 'T& ire Ot t U (- U ?o l0 3 a &S`37- /v A- X CS pe, ?4,v (Name or all properly owrrers) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property: - B Ay E5 PG/ A?,A,0 . ANd loS . ZAY Es PLA/UAD-- (Address or General Location) 2. That this property constitutes the property for which a request for a: Pev??cT j (Nature of request) 3. That the undersigned (has/have) appointed and (does/do) appoint IU6, -rH S 1 '8 z- - Cr?-xl6inkEd?NLn ?,ti,Pt/iC6s AA. Nt9 A&-NtiA Qii,/CL©P"C-Aj7 A-)3 as (Nshheir) agent(s) to execute any petitions or other docummeents necessary to affect such petition; h4AAIA 6 4 It-A E -J 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That (1/we), the undersigned authority, hereby certify that the foregoin d rre Property Owner Property Owner STATE OF FLORIDA, COW N OF PINELLAS Before n the underpinned, an officer duly commi i0e by th?laws of the fate of Florida, on this C*? dsy of S personalty appeared & who having been first duly sworn dep ses and says that he/she fully understand tests of the affidavit that he/she signed. aF??r?U DOREEN A. WILLIAMS My Commission Expires: MY COMMISSION # DD 155802 Notary Public ?aF?o EXPIRES: October 14,2006 1-806 NOTARY FL Notary Serviced BorWing, Inc. S; application rormrddevelopment eview/Affldavit to Authorize Agent x .•, I ? 1 i I?( AUG 2 5 2005 I L-2-1 ? ft a Exhibit "A" to Flexible Development Application (Level QRIGINAL I? 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, HEIGHT: From 50' to 59.67' to top of roof deck Transfer of non-conformity calculation: 11 residential units plus 20% = 13 units Written Submittal Requirements: 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 '? nS PEQ uniform with surrounding properties. The building will be of Italian style 0 L architecture. The density has not been exceeded, and like all other projects on this end n 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 surround' n,?7 O 09 L'J 2 5 2005 FA, PLANNING & DEVEL Mktg Svcs ft a Exhibit "A" to Flexible Development Application (Level II) ORIGINAL 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. 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. J 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. At!G 2 5 20 :? . pIANNING 8 GM DEV?IU?RW '.; ,. ft ft Exhibit `A" - Flexible Criteria (continued) ORIGINAL 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: o 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. Height: 13 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. 17 N/A 4. Setbacks: o 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. a The proposed front setback improves the site by maximizing parking. 13 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. Off-street parking: 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: a 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 surrounding projects on Clearwater Beach. The proposed height ofi 9-8" is a mid-level design keeping with other like projects. The building is being kept over W_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. PI At UEV LOT`u 5,? 5 E!3/24/2905 15: ?° 7274408 3% NORTH3=DEE :Nu ft PAGE K/63 ORIGINAL LETTER OF AUTHORIZATION This letter will serve as authorization for Housb IGhovaee with Northside ?ti?vA Engineering Services, Inc. to act as an agent for IU t and to-execute any and all documents related to securing permits and approvals for the construction on the property generally located at c -? S- S"y Sla' ? -04 Ding within An1C LL Signature of Pro arty County, State of? Address of Property Owner C ?'p CityfState/Zip Code Print Name of Property Owner Telephone Number a AUG 2 5 2005 Pi Art, ; y vz 1 t ?:.j State The regoing instrument was acknowledge before me t Is d y County 6 bY/ j as !,C who i personally known to me or who has produced ,?-- as identification and who did (did not) take an oath. DOREEN A. WILLIAMS MY COMMISSION # DD 155802 EXPIRES: October 14, Zoos Q Notary Public IRY Ft Notary Service 8 Bonding; Inc. (Signs ure) Commission # (SEAT, ABOVE) (Name of Notary Typed, Printed or Stamped) 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 Above This Line For Recording Data Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) ORIGINAL 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 44 L F. DE BEAKER, CLERK OF COURT PINEINELLAS LgS COUNTY FLORIDA INST# 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 O u?..?_l! U .?.. FALG r2 5 2005 ; PLAt4NING 8 DEB ct.lJ+ •;r.: N1 SVCS1 CITY OF- DoubleTimeo ORIGINAL 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 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. (Seal) Mark R. Mole Witness Name: Witness Name. Witness Name: Witness Name: State of County of •, _ John F. Walsh Keith A. Henderson The foregoing instrument was acknowled? g,ed before me this 0.? day of personally known or L] has produced a l,?J(.?soo5w --,b L-- dri, [Notary Seal] "OFFICIAL SEAL" SULTANA GOWANI Notary Public, State of Illinois My Commission Expires August Q, 2005 (Seal) (Seal) ?p L?C??OC?1 AUG 2 5 2005 PLANNING& QEVELOi'i-> c.'NT SVC ., . QTYC?F Gtr. i ? 2004 by Mark R..Molepske, who L] is 4se as identification. Notary Public J Printed Nam My Commission Expires: 9 '- Y U,6 Warranty Deed (Statutory Form) - Page 2 doubleTimse Signed, sealed and delivered in our presence: • ORIGINAL Warranty Deed: Mark R. Molepske, a single man, John F. Walsha 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, 49L, Chicago, IL 6067. 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 n The Grantor, Keith A. Henderson, being under oath does swear the prop 8rt 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: Witne-& e: Witness Name:%?j (Seal) Mark R. Molepske C (Seal) John F. alsh F E 0 l#7 ?--?, AUG 2 5 2005 Witness Name: Witness Name: Keith A. Henderson j State of , ???- County o t- ?'- The foregoing instrument was acknowledged bef?e me this ?_day of March, 2004 by .A4°w A M 1Gp ke, who is personally known or L] has produced a ??/pit t f,i` driver's licens s identification V [Notary Seal] 5•"'° SHERYLA. QUAY otary Public r ll D COMM. a12976DO Printed Name: tV/ 7z-(U j i ;i -/_L, f Q ' e NOTARY PUBLIC•CALIFORN1A LOS ANGELES COUNTY '` ? J My contr. `%pims Apti 14, zoos My My Commission Expires: A L s L Warranty Deed (Statutory Form) - Page 2 DoubleTime© ORIGINAL 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 desc bed s not his o stead a defined by the laws of the State of Florida and that he in fact resides at i .._ 3 k , C . /_ i?oki ??,I?zn ??:±z?•?r.tx, .s?,,.?-?r?, irk 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: Witness Name: Witness Name: e,A N Wi ess e: w12V}rl`i Witness Name: ste7 State of County of (Seal) Mark R. Molepske John F. Walsh (Seal) ..? Keith A. Henderson AUS 2 5 20M SVCS The foregoing instrument was acknowledged before me this personally known or [_] has produced a [Notary Seal] Notary Public Printed Name: day of March, 2004 by Mark R Molepske, who LJ is driver's license as identification. My Commission Expires: ft ft ORIGINAL State of _ County of The foregoing instrument was acknowledged before me this _ day of March, 2004 by John F. Walsh, who L] is personally known or L] has produced a driver's license as identification. [Notary Seal] r -? (rC ?",- I a. State of cr County of Notary Public Printed Name: My Commission Expires: The foregoing instrument was acknowledged before e this day of March, 2004 by Keith A. Henderson, who L] is personally known or. Thas produced a 24 drive icense as i ntific ' n. E --- ---- u r wrrr. [Notary Seal] ?" =W RAMZAN tA17 ?s COMM. # 1358643 )?p NOTARY PUBLIC.CALIFORNIA Ut s Orange County My Comm. Expires June B, 2006 Notary Public Printed Name. `J 4-4 2 My Commission Expires:' G CD ` CAUGG [EgWR 25 2005 __• ( a'jc- PLAN;.. t,• _ C, i Nj C. ft ft State: FL County: Pinellas Order #: 05-3239 ORIGINAL Plant #: Commitment Effective Date & Time: Reinsurance Agent #: 3065*05-3239 March 08, 2005 @ 8:00 05-017 A.M. Schedule A 1. Policy or Policies to be issued: ALTA LOAN (10-17-92) Proposed Insured Loan: Amount 2nd Proposed Insured Loan: Amount ALTA OWNER'S (10-17-92) Proposed Insured Owners: Amount MENNA DEVELOPMENT & MANAGEMENT, INC. $1,475,000.00 2 The estate or interest in the land described or referred to in the Commitment and covered herein is: FEE SIMPLE 3 and is at the effective date hereof vested in: BEACH & GULF SANDS, INC., a Florida Corporation The land is described as follows: Lot 4, Block 77, MANDALAY UNIT NO, 5, according to the plat thereof, recorded in Plat. Book 20, Page 27 of the Public Records of Pinellas County, Florida. p L;UCH EALIG 2 5 2005 ' r : ? ? ? ? r 0.1 r, i PLAN fl. Issued By: FL7713*05-017 STEPHEN G. WATTS, P.A. 606 DRUID ROAD EAST _ ....................... ..... .. CLEARWATER, FL 33756 Countersign d L thorized Signatory NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. . Underwriter. TICOR TITLE INSURANCE 4b r Schedule B- Section 1 ORIGINAL The following are the requirements to be complied with: Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record to wit: a. Warranty Deed from BEACH & GULF SANDS, INC., a Florida Corporation to MENNA DEVELOPMENT &MANAGEMENT, INC. conveying the land, together with the following: (1). Satisfactory proof, acceptable to the Company, must be furnished showing the corporations(s) to be existing and in good standing under the laws of the State where incorporated. (2) If above deed is to be executed by an officer other than a Chief Executive Officer, President or Vice President, a certified resolution authorizing said officer to sign on behalf of the corporation(s) must be recorded. b. Mortgage from MENNA DEVELOPMENT & MANAGEMENT, INC. to THE PROPOSED INSURED LENDER AS SHOWN ON SCHEDULE A HEREOF, encumbering the land in the amount shown on Schedule A hereof. 2. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable, 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. 5. Exceptions 3 and 4 of Schedule B - Section 2 of this commitment may be amended in or deleted from the policy to be issued if a survey, satisfactory to the Company, is furnished to Company. 6. Release or Satisfaction of Mortgage recorded in Official Records Book 9207, Page 1314, of the Public Records of Pinellas County, Florida. 7. Release or Satisfaction of Mortgage recorded in Official Records Book 12360, Page 1638, of the Public Records of Pinellas County, Florida, 8. Payment of real property taxes for the year(s): 2004, 2003 & 2002. 9. Satisfactory proof, acceptable to the Company, must be furnished showing the following corporations(s) to be existing and in good standing under the laws of the State where incorporated. Corporation : Menna Development & Management, Inc. O , wis 2 5 2 PLA &C?r ...'. su.t NNCA?CY p NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference In the .insert pages. Commitment #: He #: 05-3239 ORIGINAL 10. Payment of any pending or certified charges/special lien/assessments including, but not limited to: Sanitation, Utility, Road Paving, Wastewater imposed by City, County, and/or State. NOTE: This county may have special lien/assessments imposed by the local municipality. These lien/assessments are not discovered in a title search or shown above. These special assessments typically create a lien on real property. The municipality which governs subject property must be contacted to verify payment status. 11. If requested, all applicable ALTA endorsements will be issued with the final loan policy, including, but not limited to, 4.1, 5.1, 6.0, 6.1, 6.2, and 8.1. The Florida Endorsement Form 9 will be attached to the final loan policy when issued without any deletions subject_to compliance of all underwriting requirements of company, receipt by company of survey meeting the requirements of Sec. 627.7842(1) (a), and subject to the Florida Department of Insurance Rules governing its issuance. If a deletion of any provision of the Form 9 is required, no funds of the proposed insured lender will be disbursed by company or its policy issuing agent without first notifying the proposed insured lender of the deletion and then obtaining approval of the deletion from the proposed insured lender. If the proposed insured lender does not approve the deletion, company or its policy issuing agent shall be authorized to return the proposed insured lender's funds to the proposed insured lender and cancel this commitment. NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. Commitment#: File #: 05-3239 0 0 Schedule B- Section 2 ORIGINAL Exceptions Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the Public Records. 3. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the Public Records. 5. Taxes or special assessments which are not shown as existing liens by the public records. 6. Taxes and assessments for the year 2005 and subsequent years, which are not yet due and payable. 7. Restrictions, reservations and easements as indicated and/or shown on that certain Plat recorded in Plat Book 20, at Page 48, of the Public Records of Pinellas County, Florida. 8. Riparian rights and littoral rights, if any, incident to the land which are neither insured nor guaranteed. 9. 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. 10. Leasehold Interest of any tenant. 11. Any future special lienlassessments imposed by City, County, and/or State. 12. All licences, inventory, fixtures, accounts receivable, accounts payable, trade names, matters deemed personal property and all other items connected with the on-going business conducted on the insured premises not normally considered real property are excluded from the terms and conditions of this commitment. NOTE: TAX ID#05-29-15-54756-077-0040; Payment information for 2004 taxes; UNPAID; Gross amount $9,532.30. AM 2 5 2005 NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section 2. This commitment is of no force and effect unless all schedules are included, along with any Rider pages incorporated by reference in the insert pages. Commitment#: File #: 05-3239 1 IF • !t l f A A• o Y'1. M t o I3r - t `t [ E i• r ?J?, k- ` s P ? !3 l ? c ? ?? ? 4 ( + p 1, : ! ? ? ? [` it . `t ! {r a 9 Y g D , 11.' yD `r• C/ r ;kf SI d ? 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(i ?'?•.9;`4,' J d?5 h F ,. 1: { p AIIIIYfMil I IA! iD s - ,fJ q .. r n,d RLYIt[? ; ym4ano t THE I S LE O F A THQUO PA L M S ?r Iatlvf4aMi ;? i:.. ? tD ? I tN 1'?? lefiait•1: ii , ?1' CLEARMTER REACH UNIT 901 6 f4wgdp rn? rxk I aklcmaTiNAr kls•,4tplp Ap [d all is lllk dDl d dut.lsN, ]p?rr.[arnrvzorMr7J'' rlw My l' M -Irq a d ? 741olh r yrnfl+tt A.u sln Z mE ' Dd ? IGiq ?a; dull rvrq•10 moornetc.•d iakd +? m+p [n> a.•trldthd rFp:u;Dhtl¢ oT l6c I3tlK Dlmmm[nD, v?bt Dnd 8vyd11 kPaki +irF rrlarrl.Va o(fammisTiomrf,Citunoflr, F,aridt. at tams.! ' •nq ' NO & Thal purl of iMl plat'rlkh hel[lob re vw Blots 11.0-1+!/ Ild t(Cuaf atTrtl Bg4N w cadet daratt IN 41d OM It, yaXS h p a Flo! of & o(morCaliadra Arn•namof DlaaYt 001M cf alArra[tr 13 r0-'1 i 1 LF. Ii a aw - z% 9 DRIGINAI r 08/24/2005 16:39 7274468036 NORTHSIDE ENG SVV PAGE 03/03 LETTER OF AUTHORIZATION ORIGINAL This fetter will serve as authorization for Housh Ghovaee with Northside Engineering Services, Inc. to act as an agent for /U &",eA'Ze 166AC H and to.execute any and all documents related to securing permits and approvals for the construction on the property generally located at PP/+,eC,ce tt ®s 9-1S Sy?S?o-0j77 " - ,lying within Pi,-/6 Z- C AS County, State of rL oroe i 4 A Signatur of Pro wner 6,S-44&65, O Address of Property Owner City/State/Zip Code Stat The foregoing instrument was acknowledge before me this day County of who Is personally known to me or who has produced as identification and who did (did not) take an oath. 1 +F?rv6` DOREEN A. WILLIAMS? VA MY COMMISSION # DD 19580; 44'0v i00; EXPIRES: October 14, 2006 1-MO.3-NOTARY FL N-y SWVECe a BWKkU Inc. (SEAT. ABOVE) 'gcC i,,/A-,-4 T?-M000 Print Name of Property Owner '797- &F-7- Telephone Number mission # Notary Public (Name of Notary Typed, Printed or Stamped) Alas 2 5 2W5 ! 08/24/2005 ?6:39 727446803- NORTHS7DE ENG SV P-A6E 03/03 LETTER O[= AUTHORIZATION ORIGINAL This letter will serve as authorization for Hough iGhoviee with Northside I?.ewAG ?= FN S Engineeriag Services, Inc. to act as an agent for I'UE,vryA 66VECOP AAEw-r and to.execute any and all documents related to securing perrrii?ts and approvals for the construction on the property generally located at -(.2Wy?y , lying within County, State of )54- O A Signature of Pro erty Ow t5? - 6 (,3 i?` i 6S Address of Property Owner CityfState/Zip Code 16 i n//i- 6 ?-1- le A4 U G. 0 Print Name of Property Owner Telephone Number State C/ The regoing instrument was acknowledge before me t is y County c? by as who personally known to me or who has produced 4t as identification and who did (did not) take an oath, DOREEN A. WILLIAMS MY COMMISSION # DD 155802 EXPIRES: October 14, zoos I Alk 4--(4 ze?? Notary Public WY FLNowyService88ordrgIw (Sig a ure) Commission # (SEAL ABOVE) (Name of Notary Typed, Printed or Stamped) r O r Planning and Development Services 100 South Myrtle Avenue >- ?Aivater Clearwater, Florida 33756 Telephone: 727-562-4567 U Fax: 727-562-4576 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 7 COPIES OF THE ORIGINAL APPLICATION including folded site plans 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 NAME: 11l/tfll-L-sL1. ADDRESS)-oD WYjf 1//tAV,&jh&L 1r'L 337SB - MI The landscaping requirements of Article 3 Division 12 may be waived or modified as a part 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: 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. Lou 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 proposom a part of a Comprehensive Landscape 40am 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. 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. _.g 'm 2 t fA E V-k I ORIGINAL rfo 3LrU D ?U ALTS 2 5 2005 PLAN'T''; C 0 5. Special Area or Scenic Corridor an. 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. Please return checklist for review and verification. Date: • 2 S- D.5 (Signature of applicant) R[EDT R ORIGINAL ? FAMOIS I? 2 5 200 ' ? S: application forms/development review/comprehensive landscape program application.doc PLANNING 8 Ut L.J: a:,,:-r, t ,'aC?•I CITY OF 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. Lighting 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. ORIGINAL f4j.4 I PLW Northside 5"m" smi&a Ia. CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • ORIGIN4 STORMWATER REPORT FOR: PALAZZO PROJECT 0 Rarr?- A. C Z?aeI;P. August 2005 Project No. 0520 D ill 1? Z. Fri ?S 1 AUGG 2 .15 2005 601 CLEVELAND STREET, SUITE 930-?.--.? CLEARWATER, FLORIDA 33755 P i1 E`il''$ "'".s•'J+'' '?! by - S ffy fii NE5ADMIN@MIND5PRIN6.C0M NE5TECH@MINDSPRIN6.C0M 727 • 443 • 2869 FAX 727 • 446 • 8036 0 NORTHSIDE ENGINEERING SERVICES 25 YEAR STORM EVENT PROJECT: PALAZZO CLEARWATER PROJECT NO. 520 PRE-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA = POND AREA= PERV.AREA= C= 0.32 POST-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV.AREA= C = 0.74 STORAGE CALCULATION PRE-CONSTRUCTION DRAINAGE AREA = TIME OF CONC. Tc = I @ Tc =60 (25 YEAR EVENT)=- Q(out).= C X I X A= POST-CONSTRUCTION • ORIGINAL 15,175 SF 0.35 AC 7,444 SF OF IMP. AREA @ C = 0.45 0 SF OF POND AREA @ C = 1 7,731 SF OF PERV. AREA @ C = 0.2 15,175 'SF 0.35 AC 11,713 SF OF IMP. AREA @ C = 0.9 0 SF OF POND AREA @ C = 1 3,462 SF OF PERV. AREA @ C = 0.2 0.35 AC 60 MIN 3.60 IN/HR 0.40 CFS TIME MlN. I IN/HR Q(in) CFS INFLOW CF 60.00 3.60 0.93 ' 3,342 WEIR DESIGN TOP. OF WEIR ELEV.= BOT. OF WEIR ELEV.= H= Q= L=Q/3.1'H^1.5 = 5.00 FT 4.70 FT 0.30 FTor4 0.93 CFS 1.83 FT or l'- 10" (MIN) 9 9 QLISS 2 5 2005 i 11, PLANNINIj CCITYCIF PROJECT NAME : PALAZZO CLEARWATER PROJECT NO., 520 r r ?1G /A/A . L 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 0.011 240 2.70 479 0.011 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = REQUIRED WATER QUALITY DEPTH = REQUIRED WATER QUALITY VOLUME = PROPOSED OUTFALL ELEVATION AVAILABLE WATER QUALIFY 15,175 SF 0.75 IN 948 CF 4.70 FT ??,1 IS 58 CF S 2&0AITY 25M ! PLAN EC .1 .E f3k" SVCS ORIGINAL 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 Sbil for Saturated Analysis ,Avg. Effective Storage Coefficient of Pond/Exfiltration Trench Hydraulic Control Features: Groundwater Control Features - YIN Distance to Edge of Pond . Elevation of Water Level Impervious Barrier - Y/N Elevation of Barrier Bottom 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 _?CUU L^ D -° pr2520M PIANNAVr Dl. v << r S MODRET TIME -RUNOFF INPUT DATA. ORIGINAL PROJECT NAME: 0520 PALAZZO CLEARWATER - POLLUTION ABAT STRESS PERIOD NUMBER INCREMENT OF TIME (hrs) VOLUME OF RUNOFF W) 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 µ 4 Y L? ?b[t UU AUS 2 5 2005 PLANNING & DEVE QP • . ; TI S`1C MODRET SUMMARY OF RESULTS PROJECT NAME : 0520 Palazzo Clearwater - Pollution Abat ORIGINAL 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 F C n I.. I U LjI J 20, 15 1 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 • m L? c a? E 2 0 z Z --<0 A ?` N `D • 0 2 4 6 8 10 12 14 16 18 20 Time (hrs) Total Volume Infiltrated = 948 ft3 O V ARCHITECTURAL SITE PLAN 1 A 252 I •li?_I?€ Sy ¢'? Y Sjy?+ly i;•g B Il?sl!; Sy91:a i l Fc.-? w? 2 QQw ??QUQ oWW Y O?F 0?3 z ae? Q z U Z F lu =a h OF 0 QN U A ---ct -------------------------------------------------- ------------------- BAY ESPLANADE BEDROOM.2 I BEDROOM.. TERRAC I BEDROOM. I BEORO..., wuixo wr O ER E O BATH r . PO.-- wBBV wEev BATN (Wives ? I51MRB) ILp1?9Y R/9T-Fp?epY ® IT" YA --- ER TV UTIITY ROOM O M1V P? ER C BATHRMISTE-R IGTER T.O BATHROOM ® OOM BATXROOM -ET p?J?L?? I BAi LfvWG CLD. 6'I 19 ..ET 0.0 MASTER LNwO B BEDROOM .2 OEN/OFFlLf/ BEDROOM p3 TERRACE iERPwCE LIVING AREA LIVING AREA 2206.58 sq ft 2009.47 sq ft LEVEL 2,3 & 4 - (3 UNITS PER FLOOR) SCALE: 1/8"=1'-0' 7 QU6;252005 DEVE, 0FIJ,FiVTS Gf TY OF Gl i`TtAC-." G-) -TER BEDROOM LIVING AREA 2433.39 q ft OF LEVEL PLAN A E: 1/8"=1'-0" 3 BED; WY.3 ' x TERWE T ERRACE BEOROO 3 BEDROOM.] BATH tli ........ ...... O WTCXEN xae? ' O MEOIAROOM/ -TE ,, x¢ UTI ? IDWV BMVe ) BATH r _ - LOBBY I 1 ,i SF? l? ly peel ? PO E WTCXEN UTLI -ER Lvxvr? -' [°9s?lj BEDROOM.2 r vx m?r a ROOM BATH ? MASTER ----------------- 1iy 7I? fI O MEOM ROOM BATHROOM e?3 aOBET O® e IS.Tt I?® M45TER BATH TCX ?-T U o - BATH aosE aasE LMNG i?13'y? •e ii ]°?l?1 ee ................. 1 e$9 F.-.-? oMNy ® gl€1l?g • S l I. EREEDR M ®, 1 ?• I 1 3,1: ;1 ? x TERRACE vNGR?OM °A I L-.__J ERRACE EE---- TERRACE x LER ® B`OROOM TERRACE y 1@1?1 1••B1 1ec.l? LIVING AREA LIVING AREA _ 2050 sq It 4179.32 sq It - LEVEL 5 & 6 - (2 UNITS PER FLOOR) its SC ALE: 1/8"=1'-0' wJ j LL a U M6 ? 6W o>w U Q p Q amo m? 14' JJ N ?w m JJ U f f EX. DOCKS TO REMAW N OMW E 11 2M, X s N D V 5 T z 0 Ro. r ? `I - N ?( if U c ;n, sa V1 _ ` . ? LT1 ; V3 ?s 0 i e ?a R$s N OOV7WE 4790' -ii-i-i-rn-i-i-n==. ioio 9 R b? t 1.8 jo* It N p Z BAY ESPLANADE W RIGHT-OF-WAY Awe-?a-z?aaia ,oa svo s4 mtfo 1 t z .6088 M .A S sgr8 M SZ1&O0 8 ern N s ! j iz r fz a ?°n ?bG7 O O ZO x4 k O ,` , to F -10 ?R Ilya LAJ CD CD f? •6 s F+0. t N 3 / ?M1 r vnt? .Wick a 5014= N rra v anion { 3.b'o"N JJ -- ; ? ? I xs?rr.? o?. s?aa •x.? W\/ O O? G SOOG/5Z/8 i"P'SO Z L LO a;!SOojj nS 50-Z L -LO\(ap ojds3 !o8) ouuaW OZSO\s?oafoad Q?Oo?n? SOOZ\ Z ,n I??I APG25200 0 EAST ELEVATION ® NOF DECK 2 UNITS 2 UNITS Q' ® 3 UNITS w ;o ® 0 B 3 UNITS ( ® 1] 0 D M- ? 3 UNITS Z ELEV. I1'-D BF E. 0 0 SCALE: 1/8'=1'-0' I WEST ELEVATION 2 UNITS 2 UNITS 3 UNITS 3 UNITS 3 UNITS ELE D -D. SCALE: 118'=1'-0' 0 S- TOWER -ELEV - --E ROGM 0 .. I[--I - - NORTH ELEVATION 0 0 SOUTH ELEVATION Q, 1i IFEF?'.I ,F 9S?36 3 ?3n.F €Iw 9IM. ?3°; F •??SS?9 3SiE?? ;y1?31? SCALE: 1/8'=1'-0' w ?QOLL Owu? T o m z } OUmQ 5 ? amU O Q w CD O z v v, T _ m = U V ?J ?- SCALE: 1/8'=1'-0' ZO NIG.I005 A bb, ORIGINAL a 0 PALAZZO EXTERIOR BUILDING COLORS 1 2 3 4 BUILDING COLOR SHERWIN WILLIAMS BELIEVABLE BUFF SW6120 ORIGINAL BUILDING TRIM COLOR SHERWIN WILLIAMS BAGUETTE SW6123 RAILINGS BLACK ESP FINISH ROOF SHINGLES CERTAINTEED BRAND "WEATHERED WOOD" MR ALIG 2 5 2005 PLANWW43 8 DEVE?G?'r.,: d f S'JCS GI7Y Cf Ct E.a Northside 5"M"'Smika loco • ORIGINAL CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • LETTER OF TRANSMITT ]U '- ? Date: August 25, 20(}5 AM 1'S To: Sherry L. Watkins, Administrative Analyst City of Clearwater Planning Department p?,pNNiPtG & OEV?L.C,'"r ;..: 100 S. Myrtle Ave, #210 Clearwater, FL 33756 Reference: Palazzo / 657 & 663 Bay Esplanade NES Proj# 0520 We Transmit: X Originals X_ Prints X Enclosed Under Separate Cover Addendum Mail UPS Overnight Shop drawings Pick-Up X Hand Delivered Specifications X Applications Floppy Disk Copies Description 1 Check #4051 For S 1,205. 15 Flex Development Application (Comprehensive Infill) 15 Letter Of Authorization & Affidavits 15 Warranty Deeds 45 Surveys (1 Signed And Sealed 15 Stormwater Report & Narrative (1 Signed And Sealed) 15 Civil & Landscape Drawings (6 Sheets), I Signed And Sealed 15 8.5" X 11" Civil Site Plan 15 8.5" X 11" Colored Landscape Plan 15 Comprehensive Landscape Applications 15 8.5 X 11" Colored Renderings 15 8.5 X 11" Building Elevations 15 24 X 36 Architectural Drawings 15 Transfer Of Development Rights Applications Packages (Warrantee Deeds, Title Insurance, Density Transfer Warranty Deed) Please contact us at (727) 443-2869 should you have any questions or comments. Copies to: FILE N. Pelzer 4Y: 4're'en ?kAW/fl`liams, Project Director A. Haines 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 N ESADMI N@MI N DSPRI NG.COM N ESTECH®MI N DSPRI NG.COM 727 • 443 • 2869 FAX 727 • 446 - 8036 Northside • 5"4f" swia& goo, CIVIL • LAND PLANNING • ENVIRONMENTAL 0 TRANSPORTATION • ORIGINAL STORMWATER REPORT FOR: PALAZZO PROJECT Ram A. Goel, P.E. #47431 August 2005 Project No. 0520 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRIN6.COM NE5TECH@MIND5PRIN6.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 AUGG2520M PLANNING & UEVELOPi-,!t.-, a f SVGS ... . G1T1(AE.CLLAi ,,,.... NORTHSIDE ENGINEERING SERVICES 25 YEAR STORM EVENT PROJECT. PALAZZO CLEARWATER PROJECT NO. 520 RUN-OFF COEFFICIENTS PRE-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA = POND AREA= PERV.AREA= C = 0.32 POST-CONSTRUCTION TOTAL DRAINAGE AREA= IMP. AREA= POND AREA= PERV. AREA= C = 0.74 STORAGE CALCULATION PRE-CONSTRUCTION DRAINAGE AREA = TIME OF CONC. Tc = I @ Tc =60 (25 YEAR EVENT= Q(oui).= C x 1 x A= POST-CONSTRUCTION • ORIGINAL 15,175 SF 0.35 AC 7,444 SF OF IMP. AREA @ C = 0 SF OF POND AREA @ C = 7,731 SF OF PERV. AREA @ C = 15,175 SF 0.35 AC 11,713 SF OF IMP. AREA @ C = 0 SF OF POND AREA @ C = 3,462 SF OF PERV. AREA @ C = 0.35 AC 60 MIN 3.60 IN/HR 0.40 CFS TIME (MIN.). I IN/HR Q(in)• (CFS) 1 INFLOW CF 1 60.00 3.60 0.93 ' 3,342 WEIR DESIGN TOP. OF WEIR ELEV.= BOT. OF WEIR ELEV.= H= Q= L=Q/3.1"H^1.5 = 5 a Q 5.00 FT . 4.70 FT 0.30 FT or 4' 0.93 CFS 1.83 FT or V- 10" (MIN) ?\A41 '? 5 2005 2 rAtlrj PLANNING& DEv???; r. .a 1 E'; Gl 4 I i ^ -.CITY 4F 0.45 1 0.2 0.9 1 0.2 • PROJECT NAME : PROJECT NO.: • PALAZZO CLEARWATER 520 POND'S STAGE STORAGE DATA : T.O.B. EL.= W.Q. EL.= BOTTOM EL.= ORIGINAL 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 0.011 240 2.70 479 0.011 0 TOTAL WATER QUALITY CALCULATIONS: DRAINAGE AREA = REQUIRED WATER QUALITY DEPTH = REQUIRED WATER QUALITY VOLUME = 5 - n PROPOSED OUTFALL ELEVATION = r D I. AVAILABLE WATER QUALITY = n r 15,175 SF 0.75 IN 948 CF 4.70 FT 958 CF AUS 2.5 2005 3 & DFVEtCr"';•;c. "; I SVCS . YnFCI FARln;nhr-P • MODRET ORIGINAL 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 "Ayg. Effective Storage Coefficient of Pond/Exfiltration Trench Hydraulic Control Features. 479,00 ftZ 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 Groundwater Control Features - YIN N N N N Distance to Edge of Pond . 0.00 0.00 0.00 0.00 Elevation of Water Level 0.00 0.00 0.00 0.00 Impervious Barrier - Y/N N N N N EI*ation of Barrier Bottom 0.00. 0.00 0.00 0.00 F ALir, 2 5 2005 , • r,"r Svcu? of clu. k ' IR ,_ • • MODRET ORIGINAL TIME - RUNOFF INPUT DATA. PROJECT NAME: 0520 PALAZZO CLEARWATER - POLLUTION ABAT I 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 F L525? 'y Cjl: MODRET ORIGINAL 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 0.0006I• 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 Al G , 2 5 O - I PLA NNING .1. Qii ?rSVCS 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 80 75 70 65 60 55 50 c 45 E 40 M 6 35 011 ' v 4 w ca C °cEi Cn ` J 15 10 0 6 8 10 12 14 Time (hrs) Total Volume Infiltrated W 948 ft3 16 18 20 1 _ E n INFILTRATION : 0520 PALAZZO CLEARWATER -POLLUTION ABAT CITY OF C LEARWATE R PLANNING DEPARTMENT POST OFFIcF Box 4748, CI.FARWATER, FLORIDA 33758-4748 MUNICIPAL. SERVICiis BUILDING, LOO SOUTH MYRTLE AVENUE, CIIARWATER, FLORIDA 33756 TFLrPHONr: (727) 562-4567 FAx (727) 562-4865 LONG RANGE PLANNING DEVELOPMENT RFVIrW March 22, 2006 Mr. Housh Ghovaee Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: FLD2005-08087 and TDR2005-03019 (657-663 Bay Esplanade) Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development Code. On November 15, 2005, the Community Development Board (CDB) reviewed your Flexible Development request to permit 13 attached dwelling units in the Tourist (T) District as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C. with an increase to height from 35 feet to 59.66 feet (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck); a reduction to the front (north) setback from 15 feet to two feet (to pavement), a reduction to the side (east) setback from 10 feet to zero feet (to pool deck), a reduction to the side (west) setback from 10 feet to 1.5 feet (to pavement), a reduction to the rear (south) setback from 20 feet to 10 feet (to building) and zero feet (to pool deck); to allow five parking spaces to encroach within the required sight visibility triangles along Bay Esplanade; the Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code); and the Transfer of Development Rights of two dwelling units from 116 Brightwater Drive under the provisions of Sections 4-1402 and 4-1403. The CDB APPROVED the application based upon the following finding of fact and conclusions of law and conditions. Findings of Fact and Conclusions of Law: 1. That the 0.348-acre subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 2. That the subject property is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District; 3. That according to the City's occupational license records, the subject properties are currently developed with a total of 11 attached dwelling units; 4. That there are no pending Code Enforcement issues with the subject property; 5. That the proposed building height is 59.66 feet as measured from base flood elevation to roof deck; 6. That the subject property has a maximum permissible density of 10 dwelling units (30 dwelling units per acre); 7. That the development proposal is consistent with the Design Guidelines and color palette of Beach by Design and further that those colors consist of cream (SW6120) for the primary fagade, peach (SW6123) for the accents and trim, and black for the balcony railings; FRANK HIMIARD, MAYOR BILL )ONSON, VICE- MAYOR JonN DORAN, Ccxmcu.>n:,n;ris HOYr HAMII:10N, COUNCILMEMBIT CARLEN A. Pi:TP.RSEN, COUNCI M EMIIGR "EQUAL EMPLOYMENT AND A'I.-IRMAT[w ACTION EMPLOI'IiR' • 8. That the development proposal is consistent with the Termination of Status of Nonconformity criteria as set forth in Section 6-109; 9. That the development proposal is consistent with the Transfer of Development Rights standards and criteria as set forth in Sections 4-1402 and 4-1403, respectively; 10. That the development proposal is consistent with the Flexible Development standards as set forth in Section 2-803; 11. That the development proposal is consistent with the Comprehensive Infill Redevelopment criteria as set forth in Section 2-803.C; and 12. That the development proposal is consistent with the General Applicability criteria as set forth in Section 3- 913.A. Conditions of Approval: 1. That prior to the issuance of any building permits all Parks and Recreation fees need to be paid; 2. That prior to the issuance of any building permits, a landscape plan is submitted that is acceptable to Planning Department staff, 3. That prior to the issuance of a Certificate of Occupancy, any/all required Transportation Impact Fees be paid; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. 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, 6. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. 7. That conduit for the future undergrounding of existing utilities within the abutting right-of-way is installed along the subject property's entire street frontage prior to the issuance of a Certificate of Occupancy and that the applicant's representative shall coordinate the size and number of conduits with all affected utility providers (i.e. 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 of the Community Development Board approval (by November 15, 2006); 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 the staging area is shifted to abut the adjacent drive aisle; 16. That any/all boats moored at the docks be for the exclusive use of the residents and/or guests of the condominiums and not be sub-leased separately from the condominiums; 17. That "Do Not Enter" signage is provided along both sides of the egress drive aisle; and 0 18. That the proposed pond is a dry pond for water quality treatment only, and that in accordance with City design criteria the dry pond shall be grassed with slopes no greater than 4:1, and further that cross sections of the pond are provided to demonstrate compliance with these requirements. Pursuant to Community Development Code Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (by November 15, 2006). All required Certificates of Occupancy shall be obtained within two years of the date of issuance of the initial building permit. Please be advised that time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The CDB may approve one additional extension of time after the Community Development Coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. 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.tefftAmyclearwater.com. Sincerely, ? ; ,•9,; ?? ice,. ,l ,. Michael Delk, AICP Planning Director S. (Planning DepartmentlC D BIFLEX (FLD)Ilnactive or Finished ApplicationslBay Esplanade 657-663 - Palazzo (7) - ApprovedlBay Esplanade 657- Development Order 03-22-06.doc HurthSide 5"4". smx&a ism, . CIVIL• LAND PLANNING • ENVI RON MENTAL • TRANSPORTATION • LETTER OF TRANSMITTAL Date To: Reference: NES Proj# We Transmit: March 20, 2006 Mr. Robert Tefft Planning Department City of Clearwater 100 S. Myrtle Ave #210 Clearwater, FL 33755 Palazzo - 657 Bay Esplanade 520 Enclosed Mail Pick-Up Per Your Request X For Your Use For Your Files Under Separate Cover UPS Overnight X Hand Delivered For Your Review & Comment For Your Approval For Your Information X Originals Prints Addendum Shop drawings Specifications Applications Floppy Disk Copies Description 15 Sheets L 1.1 15 Reduced Landscape Plan Please contact us at (727) 443-2869 should you have any questions or comments. By: J&q-c Angel Haines, xecutive Admin. Assistant Copies To: File N. Pelzer D. Williams 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 Opvd yyyN ?j Elf. DOCKS TO REMAIN N O1CJW E -,PMP N 000"3705' E 47W ....:............... 0 0 0 0 0 a 0 0 X ? L; VM14•. V r1•. {' r{• v ti11••L? ? L L•AL•. e{:S LaN ?o a a F c 0 s w s 00?o?ew ?. • -, ; N A BAY ESPLANADE -?-_ . - - - - 60 ROADWAY - - -? -- op ?CIVIL* Northside LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION • LETTER OF TRANSMITTAL Date: March 17, 2006 To: City of Clearwater Planning Department 100 S. Myrtle Avenue Clearwater, FL 33756 Attn Reference: NES: Robert Tefft Palazzo 520 We Transmit: () Enclosed () Under Separate Cover () Mail () Courier () Pick-up (X) Hand Delivered (X) Per Your Request () For Your Review & Comment () For Your Use () For Your Approval () For Your Files () For Your Information (X) Originals () Prints () Addendum () Shop Drawings () Specifications () Applications () Floppy Disk COPIES DATE DESCRIPTION 1 3/17/06 Civil & Landscape Plans (9 sheets) Signed & Sealed 1 Architectural Drawings 1 1/11/06 FLD2005-08087 CBD Letter Comments: Robert, this should finalize the request per attached letter in order for us to receive a Development Order. Copies To: File 4're&en'?A__ . W__ lams Project Director 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM N ESTECH@MI N DS PRI NC.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 0 e i9! LONG RANGE PLANNING DEVELOPMENT REVIEW January 11, 2006 Mr. Housh Ghovaee Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 0 CI-TY 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: FLD2005-08087 (657 Bay Esplanade) . Dear Mr. Ghovaee: This letter is being provided to you as the designated agent for the above referenced project. At its meeting of November 15, 2005, the Community Development Board (CDB) approved the Flexible Development request to permit 13 attached dwelling units in the Tourist (T) District with an increase to height from 35 feet to 59.66 feet (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck), a reduction to the front (north) setback from 15 feet to two feet (to pavement), a reduction to the side (east) setback from 10 feet to zero feet (to pool deck), a reduction to the side (west) setback from 10 feet to 1.5 feet (to pavement), a reduction to the rear (south) setback from 20 feet to 10 feet (to building) and zero feet (to pool deck), to allow five parking spaces to encroach within the required sight visibility triangles along Bay Esplanade as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C.,Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code) under the provisions of Section 6-109; and a Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive under the provisions of Sections 4-1402 and 4-1403, subject to conditions. Please be advised that prior to the issuance of a Development Order for this project, the following conditions of approval must be addressed: 1. That the landscape plan is revised prior to the issuance of a Development Order to eliminate any/all landscaping proposed within the sight visibility triangles formed by the rear and side property lines; 2. That prior to the issuance of a Development Order the floor plans for the fifth and sixth levels are redesigned to the satisfaction of staff to eliminate any/all possibilities of the creation of any additional/illegal dwelling units; and 3. That the roof top storage facility is eliminated and that revised plans are submitted depicting such prior to the issuance of a Development Order. Next Step: Submittal of Revised Plans One complete set of plans (collated, folded and stapled) must be revised to address the above conditions of approval and submitted to the Planning Department for review. Once the revised plans have been reviewed for compliance with the above conditions, the Development Order for this project can be issued. BRIAN J. AUNGST, MAYOR FRANK HIBBARD, VICE MAYOR HOPI' HAMILTON, COUNCII,MEMBER BILL JONSON, COUNCILMENIBER ® CARLEN A. PETERSEN, COUNCILMEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE Ac-['ION EMPLOYER January 11, 2006 FLD2005-08087 (657 Bay Esplanade) Page 2 of 2 ?J Please be advised that the Flexible Development approval is valid for one year; thus expiring on November 15, 2006. Prior to this expiration date, the first building permit must be applied for in order for this proposal to be considered established, and no permits may be applied for until the Development Order has been issued. Should you have any questions, do not hesitate to contact me. Sincerely, Robert G. Tefft, Planner III Tel: (727) 562-4539 Fax: (727) 562-4865 E-Mail: robert. tefft@myclearwater. com • 0 CDB Meeting Date: November 15, 2005 Case Numbers: FLD2005-08087; and TDR2005-03019 Agenda Item: D. 3. Owner / Applicant: Anthony Menna, North Clearwater Beach Development LLC Agent: Housh Ghovaee, Northside Engineering Services, Inc. Addresses: 657 and 663 Bay Esplanade CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit 13 attached dwelling units in the Tourist (T) District as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C. with: ? An increase to height from 35 feet to 59.66 feet (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck); ? A reduction to the front (north) setback from 15 feet to two feet (to pavement), a reduction to the side (east) setback from 10 feet to zero feet (to pool deck), a reduction to the side (west) setback from 10 feet to 1.5 feet (to pavement), a reduction to the rear (south) setback from 20 feet to 10 feet (to building) and zero feet (to pool deck); ? To allow five parking spaces to encroach within the required sight visibility triangles along Bay Esplanade; ? Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code); and ? Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive under the provisions of Sections 4- 1402 and 4-1403. 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 (13 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. Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 1 ANALYSIS: Site Location and Existing Conditions: The 0.348-acre subject property, which is located on the south side of Bay Esplanade, approximately 200 feet east of Poinsettia Avenue, has a zoning designation of Tourist (T) District with an underlying compatible Future Land Use Plan category of Resort Facilities High (RFH). The subject property is also located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District. According to the City's records, the property at 657 Bay Esplanade presently consists of seven rental apartments (Sea Chest Inn), while the property at 663 Bay Esplanade consists of four rental apartments. Combined, the site consists of two single-story buildings and one split-level building with back out parking into the Bay Esplanade right-of-way. The immediate vicinity is almost entirely composed of attached dwellings (duplexes and triplexes) and single-family dwellings farther to the north. It is noted that at its meeting of August 16, 2005, the Community Development Board (CDB) denied a development proposal on the subject property similar to that which is presently before the Board. The application has been revised to reduce the proposed building height as well as to modify the architectural elevations of the building. These revisions have been deemed substantial enough to bring the revised application before the Board. Development Proposal: The development proposal consists of the construction of a 59.66-foot high building (to roof deck) containing a total of 13 attached dwelling units. The first three habitable levels will contain three dwelling units each, while the upper two levels will contain two dwelling units each. The dwelling units will consist of at least three bedrooms and will range in size between 2,009 square feet and 4,139 square feet. The existing back out parking within the Bay Esplanade right-of-way will be removed and replaced with sod and a five-foot wide sidewalk adjacent to the property line. It is noted that no sidewalk presently exists adjacent to the subject property. The development proposal also includes the provision of a swimming pool and deck at the southeast corner of the property. Parking will be provided at ground level with the majority located beneath the proposed building, and a solid waste staging area will be located on the at the northwest corner of the property. Height: Pursuant to Section 2-803, the Tourist (T) District allows a standard maximum height of 35 feet that may be increased to a maximum height of 100 feet, based upon meeting certain criteria. However, as the subject property is located within the "Old Florida" District of the Beach by Design special area plan, height is further limited by the standards set forth in the Plan as being low to mid-rise in accordance with the Community Development Code. Analysis with regard to the proposed building height is made later in this staff report as part of the Beach by Design analysis. Setbacks: Pursuant to Section 2-803, attached dwellings are required to provide a front setback of 0-15 feet, a side setback of 0-10 feet, and a rear setback of 10-20 feet. The proposed building has been designed to either meet or exceed these setback requirements with the exception of the rear (south) setback where a reduction to 10 feet has been requested. The reduction to 10 feet will not prevent access to the rear of the building by emergency vehicles and will result in an improved site plan/design through the provision of a larger front (north) setback. As such, the requested reduction is consistent with the flexibility criteria associated with reducing the rear setback. In addition to the above, reductions have also been requested to the front (north) setback to two feet and the side (west) setback to 1.5 feet to accommodate the refuse staging area; and to the side (east) and rear Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 2 0 • (south) setbacks to zero feet to accommodate the deck associated with the swimming pool. With regard to the reductions associated with the refuse staging area, these are necessary in order to accommodate this type of facility and are therefore supportable. It is noted, however, that this reduction will also allow for the required off-street parking spaces to be set back five feet from the north property line. These parking spaces will be screened from view from the Bay Esplanade right-of-way by five-foot wide perimeter landscape areas. With regard to the reductions to the rear (south) and side (east) setbacks the reduced area for the deck will constitute approximately 27.7 percent of the rear yard 22.5 percent of the side yard and similar reductions have been supported in the past. Sight Visibility Triangles: Pursuant to Section 3-904.A., at street or driveway intersections, no structure or landscaping may be installed within the sight visibility triangle that will obstruct views at a level between 30 inches above grade and eight feet above grade. The development proposal includes the provision of five parking spaces within the various sight visibility triangles along Bay Esplanade. While the parking spaces themselves will not encroach into the sight visibility triangle in a manner conflicting with Section 3-904.A., when the parking spaces are in use, the visibility will be impacted and the sight visibility triangles reduced from 20 feet to five feet. The applicant has requested that the sight visibility triangles are reduced accordingly. Granting the requested reduction to the dimensions of the sight visibility triangles will not adversely affect the neighboring area or diminish the provision of public facilities. Further, when the sight visibility triangles are measured from the typical position of the driver in the vehicle to the edge of pavement for Bay Esplanade, 22' sight visibility triangles will exist. Granting the reductions will not result in the grant of a special privilege as similar reductions could be supported elsewhere under similar circumstances. Based upon the above, positive findings can be made with respect to reducing the sight visibility triangles as set forth in Section 3-904.A. In addition to the above, pursuant to Section 3-904.B., in order to enhance views of the water from residential waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non-opaque fence not exceeding 36 inches within the sight visibility triangles formed by the rear and side property lines. The development proposal includes the provision of three Queen Palms at the southeast corner of the property that must be removed, based upon the above and is attached as a condition of approval. Density: Pursuant to Section 2-801.1, the maximum allowable density within the Resort Facilities High (RFH) Future Land Use category is 30 dwelling units per acre. Thus, the 0.348-acre subject property is permitted a maximum of 10 attached dwelling units; however the development proposal submitted by the applicant is for 13 attached dwelling units. It is noted that the density of the subject property is presently nonconforming with 11 attached dwellings units, and the applicant has submitted an application for Termination of Status of Nonconformity to retain the excess density. In addition to this, the applicant has submitted for a Transfer of Development Rights (TDR) of two dwelling units to the subject property from 116 Brightwater Drive. The requests for Termination of Status of Nonconformity and Transfer of Development Rights are discussed below. Termination of Status of Nonconformity: As noted above, the development proposal includes a request for termination of status of nonconformity to permit 11 existing attached dwelling units to remain on site where a maximum of 10 attached dwelling units would be permitted under current Code. The criteria for termination of status of nonconformity, as per Section 6-109 and outlined in the table below, including compliance with perimeter buffer requirements, the provision of required landscaping for off-street Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 3 • 0 parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code will be met with this development proposal. Consistent Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202.1) 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. Transfer of Development Rights (TDR): Pursuant to Section 4-1402, parcels governed by a special area plan, such as Beach by Design, may only receive density transfers from parcels within the same special area plan and may not exceed the otherwise applicable maximum density by more than 20 percent. Based upon the above, the subject property can receive a TDR for a maximum of two dwelling units. The Transfer of Development Rights application submitted proposes the transfer of two dwelling units from 116 Brightwater Drive, which is located within the Beach by Design special area plan, the same as the subj ect property. The maximum number of permitted attached dwelling units for the 116 Brightwater Drive property is ten dwelling units. It is noted that the site has recently been developed with six attached dwellings and therefore has four excess dwelling units available for transfer. Based upon the above, the proposed TDR is consistent with the requirements of Section 4-1402. The TDR is also consistent with the criteria as set forth in Section 4-1403 and as outlined in the table below. Consistent Inconsistent 1. The development of the parcel proposed for development will not reduce the X fair market value of abutting properties; 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; and 5. The design of the proposed project creates a form and function that enhances the community character of the immediate vicinity of the parcel proposed for X development and the City of Clearwater as a whole. Floor Plans: The floor plan submitted for the fifth and sixth levels are supposed to accommodate only two dwelling units on each level. However, there is a serious concern with the design of one of these dwelling units. Specifically, the concern is that the unit has been designed with a "mother-in-law" suite that has its own separate access to the internal lobby. As such, the unit could be easily subdivided to become two separate sellable or rentable units with separate kitchen and living facilities. If this were to occur the development would have a density in excess of that allowable by the Tourist (T) District, or by any Transfer of Development Rights. Therefore, it is attached as a condition of approval that prior to the issuance of a Development Order the floor plans for the fifth and sixth levels are redesigned to the satisfaction of staff to eliminate any/all possibilities of the creation of any additional/illegal dwelling units. Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 4 • • Off-Street Parking: Pursuant to Section 2-803, attached dwellings units require the provision of 1.5 parking spaces per dwelling unit. Therefore, the proposed 13 attached dwelling units require a total of 20 parking spaces and the development proposal includes the provision of 23 ground level parking spaces. Based upon the above, compliance with the requirements of Section 2-803 as they pertain to off-street parking, has been achieved. Solid Waste: The development proposal includes the provision of a "trash room" toward the center of the building. In addition, a 10-foot by 10-foot trash/recycling staging area will be provided at the northwest corner of the property. However, it is noted that the development plans depict the proposed staging area as not abutting any other paved surface; thus for the purpose of access, the staging area will need to be shifted toward the adjacent drive aisle and is attached as a condition of approval. Si ngage: The applicant is not proposing any signage with this development proposal. Any future signage must be designed to match the exterior materials and color of the building. Utilities: All on-site utility facilities (i.e. electric and telecommunication lines) are required to be placed underground as part of the redevelopment of the site. Provisions for the future undergrounding of existing aboveground utility facilities in the public right-of-way must be completed prior to the issuance of the first certificate of occupancy in a manner acceptable to the utility companies and the City. Storage Facilities: Pursuant to the definition of Height [ref.: Section 8-102], with regard to flat roofs, height is measured to the highest finished surface. Further, provisions are made for elevator equipment rooms and like mechanical equipment enclosures to project past this above described point; however no such provision exists for storage facilities. The development proposal includes the provision of a roof top storage facility, which based upon the above would increase the building height to approximately 70 feet, which is inconsistent with the current standards of Beach by Design as well as the proposed revisions to the Old Florida District (see below). As such it is attached as a condition of approval that the roof top storage facility is eliminated and that revised plans are submitted depicting such prior to the issuance of a Development Order. Beach by Design: In 1997 and 1998, a Plan was prepared for the City entitled "Clearwater Beach: Strategies for Revitalization. " This Plan was prepared after an extensive public process, directive surveys and input from the City Council and City administration. The purpose of Beach by Design, which was adopted by the City Council in 2001, is to implement the recommendations of that Plan and regulate development within certain areas of the beach. The subject property is located within the "Old Florida" District of the Beach by Design special area redevelopment plan which is defined as "an area of transition between resort uses in Central Beach to the low intensity residential neighborhoods to the north of Acacia (Street). " In order to implement this vision, Beach by Design states that building heights should be low to mid-rise in accordance with the Community Development Code. While "mid-rise" is not specifically defined within the Community Development Code, based upon the height standards set forth in the Medium Density Residential (MDR), Tourist (T), and High Density Residential (HDR) Districts, the Planning Department has previously interpreted "mid-rise" development as having a maximum height of 50 feet. Accordingly, the proposed height of the building (59.66 feet to roof deck) would be inconsistent with the above definition of mid- rise development. Revisions to "Old Florida": At its meeting of September 1, 2005, the City Council discussed a new policy direction with regard to the "Old Florida" District. This policy direction calls for limiting the height of buildings on those properties north of Somerset Street to 35 feet; limiting the height of buildings on the first 60 feet south of Somerset Street to 50 feet; and limiting the height of buildings in Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 5 the balance of the District to 65 feet. In addition, the Council gave direction for increased site design performance by the way of larger setbacks and/or building step backs. As stated previously in this staff report, the development proposal provides a front setback in excess of the code requirements and provides side setbacks that meet the requirements of code. The provision of a larger front setback is consistent with the direction of the City Council for the increase in building height. In addition, the building elevations incorporate minor step backs of seven and nine feet along the front elevation and five and 13 feet along the rear elevation. Based upon the above, the development proposal and the proposed height of 59.66 feet (to roof deck) would seem compatible with the new policy direction set forth by the City Council. Design Guidelines: The development proposal has been found to be consistent with the intent and purpose of the Design Guidelines of Beach by Design with regard to density, height, scale/mass, setbacks, and parking areas. Further, the proposed color palette for the development, which consists of cream (SW6120) for the primary faeade, peach (SW6123) for the accents and trim, and black for the balcony railings, has been found to be consistent with the recommended color palette set forth in the Design Guidelines of Beach by Design. 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): The following table depicts the development proposals consistency with the standards and criteria as per Sections 2-801.1 and 2- 803.3: 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 sq. ft. 15,175 square feet (0.348 acres) X Lot Width 50 - 100 feet 132 feet X Height 35 feet 59.66 feet (to roof deck) with an X** additional 42 inches to perimeter parapets. Parking Spaces 1.5 spaces per unit (20 23 spaces (1.76 spaces per unit) X spaces) Front Setback 0-15 feet North: 23 feet (to building); and X*** 2 feet (to pavement) Side Setback 0-10 feet East: 10 feet (to building); and X*** 0 feet (to pavement); West: 10 feet (to building); and X*** 1.5 feet (to pavement) Rear 10-20 feet South: 10 feet (to building); and X*** 0 feet (to pool deck) * See above discussions with regard to Density, Termination of Status of Nonconformity and Transfer of Density Rights. ** See above discussion with regard to Beach by Design. *** See above discussion with regard to Setbacks. Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 6 • Comprehensive Infill Redevelopment Project Criteria (Section 2-803.C): The following table depicts the development proposals inconsistencies with the Comprehensive Infill Redevelopment Project criteria pursuant to Section 2-803.C: 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 ill redevelopment project will upgrade the immediate vicinity of the parcel X 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 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. General Applicability Standards (Section 3-913.A): The following table depicts the development proposals inconsistencies with the General Applicability Standards pursuant to Section 3-913.A: 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 SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on September 29, 2005. The Planning Department recommends APPROVAL of the Flexible Development approval to permit 13 attached dwelling units in the Tourist (T) District with an increase to height from 35 feet to Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 7 • i 59.66 feet (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck), a reduction to the front (north) setback from 15 feet to two feet (to pavement), a reduction to the side (east) setback from 10 feet to zero feet (to pool deck), a reduction to the side (west) setback from 10 feet to 1.5 feet (to pavement), a reduction to the rear (south) setback from 20 feet to 10 feet (to building) and zero feet (to pool deck), to allow five parking spaces to encroach within the required sight visibility triangles along Bay Esplanade as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C.,Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code) under the provisions of Section 6-109; and a Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive under the provisions of Sections 4-1402 and 4-1403, based upon the following recommended Findings of Fact and Conclusions of Law: Recommended Findings of Fact and Conclusions of Law: 1. That the 0.348-acre subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 2. That the subject property is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District; 3. That according to the City's occupational license records, the subject properties are currently developed with a total of 11 attached dwelling units; 4. That there are no pending Code Enforcement issues with the subject property; 5. That the proposed building height is 59.66 feet as measured from base flood elevation to roof deck; 6. That the subject property has a maximum permissible density of 10 dwelling units (30 dwelling units per acre); 7. That the development proposal is consistent with the Design Guidelines and color palette of Beach by Design and further that those colors consist of cream (SW6120) for the primary facade, peach (SW6123) for the accents and trim, and black for the balcony railings; 8. That the development proposal is consistent with the Termination of Status of Nonconformity criteria as set forth in Section 6-109; 9. That the development proposal is consistent with the Transfer of Development Rights standards and criteria as set forth in Sections 4-1402 and 4-1403, respectively; 10. That the development proposal is consistent with the Flexible Development standards as set forth in Section 2-803; 11. That the development proposal is consistent with the Comprehensive Infill Redevelopment criteria as set forth in Section 2-803.C; and 12. That the development proposal is consistent with the General Applicability criteria as set forth in Section 3-913.A. Recommended Conditions of Approval: 1. That prior to the issuance of any building permits all Parks and Recreation fees need to be paid; 2. That prior to the issuance of any building permits, a landscape plan is submitted that is acceptable to Planning Department staff, 3. That prior to the issuance of a Certificate of Occupancy, any/all required Transportation Impact Fees be paid; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. 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, 6. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. 7. That conduit for the future undergrounding of existing utilities within the abutting right-of-way is installed along the subject property's entire street frontage prior to the issuance of a Certificate of Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 8 0 0 Occupancy and that the applicant's representative shall coordinate the size and number of conduits with all affected utility providers (i.e. 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 of the Community Development Board approval (by November 15, 2006); 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 the landscape plan is revised prior to the issuance of a Development Order to eliminate any/all landscaping proposed within the sight visibility triangles formed by the rear and side property lines; 16. That the staging area is shifted to abut the adjacent drive aisle; 17. That prior to the issuance of a Development Order the floor plans for the fifth and sixth levels are redesigned to the satisfaction of staff to eliminate any/all possibilities of the creation of any additional/illegal dwelling units; 18. That the roof top storage facility is eliminated and that revised plans are submitted depicting such prior to the issuance of a Development Order; 19. That any/all boats moored at the docks be for the exclusive use of the residents and/or guests of the condominiums and not be sub-leased separately from the condominiums; 20. That "Do Not Enter" signage is provided along both sides of the egress drive aisle; 21. That the proposed pond is a dry pond for water quality treatment only, and that in accordance with City design criteria the dry pond shall be grassed with slopes no greater than 4:1, and further that cross sections of the pond are provided to demonstrate compliance with these requirements. Prepared by: Planning Department Staff- Robert G. Tefft, Planner III ATTACHMENTS: Application Location Map Aerial Map Future Land Use Map Zoning Atlas Map Existing Surrounding Uses Map Photographs of Site and Vicinity S: (Planning DepartmentICD BIFLEX (FLD)IPending casesl Up for the next CDBIBay Esplanade 657 - Palazzo (7) - 11-15-05(RT)IBay Esplanade 657-Staff Report 11-15-05.doc Community Development Board - November 15, 2005 FLD2005-08087 and TDR2005-03019 - Page 9 0 • s e Q uuap, m ?D B7 0 KIPLJNG a UlU p > GARDENIA y7 ?A7ga VERBENA ? ?ND 0 MANGD ST N?a ? O q IRIS < Elm PROJECT ?o SITE ACACIA Sr 0 o o IDLEMILD P?E fiENDALE ?,? 0 HEILWUm BAY _ „fit F?^ g AO ? S o _= j U o BAY ESPLANADE ) P ? ?qp 5£ S aoa,Awnr ? Pp.M BAYMBNi ST U ? a ? o xWOU `DOFF W" GG ? 4 m ?H f pDlti< o PAPAYA ST T k yY PASSAGE o < > t '° ° 0 4 O Ceu- e w ° ° o WNDWA(A P S R Location Map Anthony Menna; North Clearater Beach FLD2005-08087 Owner: Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Site: 657 Bay Esplanade Property Size(Acres) : 0.348 PIN: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: 258A • Aerial Map Anthony Menna; North Clearater Beach FLD2005-08087 Owner. Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Site: 657 Bay Esplanade I Property 0.348 Size(Acres): PIN: I 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: I 258A I 695 II -l I 1 I I ^ J ` ? I -- 1 ?I I I_ I 9 , 976 ? I 67 _ r ! - I--? I 6Y2 L ?/ I SOMERSET ST , 69---- -, I 668 664t ----- ?j2 = ; F I I r??r?rf Fff D 61 1 657 -ter ---! l I I I D-----? ? I [ I I I ; I ---1 R ; 65s_, -- ; r- I ---65-; m ----- I u r1 Y 67? ,? ? __ , ? _ .?CLI I L -- 644 RFH I I I - i__.+1 WA TER - I - owo; % j -- - -, 639 / u ROYAL WAY v U,J 631 'J,636 t \ .. IP I?FH 1 Q 1 632 J 61$ 622 U, ' N Q 629 L- III??? 6 -< U 61q 2 r , N --.'_ _t1 P.M _ 6 O r? 6 tC/1 ' i Rri 17 _ - 4 I 605-? l ; _= F-- ; Z' 611__L-- 10 60 -1 1 1 m 1 I Q 1 605 60L-- - Future Land Use Map Anthony Menna; North Clearater Beach Owner. Development, LLC and Keith Hardison; Case: FLD2005-08087 Beach-Gulf Sands, Inc. TDR2005-03019 Site: 657 Bay Esplanade Property 0 348 Size(Acres): . PIN: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: 258A • 0 I 695 I -? - -1 I I - 676 I I I I , ? ? I ? I I- 4 1 ` ? _ IV 642 I 67 'I ? ?93 I 668 669 I I I?1 _ -' ?-- I `-----? ' 664 --- l? -- - D - ----- I I j2 1 S I ------, _ _ 665 1--L-?_ 1 I "? 86+ I 1 t 1 66p \ I 1 68 --i I I 661 6571 ? ====e56 661 , D I Z ------ 2 r i I D __? -- BP4 I _ - r- 654 m ----- , ?65I5- i -- _7 \ it ?f I-- I I ? V ?6713'? I j r I I I_ l-_- 1 1 -- 1 -----f --- 644 ! - -_ 64 4 - ; _ L I I I I c? a--? alJ ? 1 I t X640 ? ? ' ` i _ -, 639 `- I I I I ? ?? ? W I - .?-- :? _ 629 [, ?4 641 , Q 2 `? % i 1 1 1 II 818 1 I I B-2 2 ; 622 1 Ali ' \ I 612 1 6,? r_- i 61q a_ t C 1 1 r' ? 7 , 61 61 r60i5-, 6 f/) '08j r-? 1 I L I i j D 6Q6"1? 1 1 __=r-"" l `- 1 =6pq --! i 605 I 1 1 1 6Qt-- - Zoning Map Anthony Menna; North Clearater Beach FLD2005-08087 Owner: Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Site: 657 Bay Esplanade Property 0.348 Size (Acres) : 05-29-15-54756-077-0040 PIN: 05-29-15-54756-077-0050 Atlas Page: 258A 0 0 I 895 II -l I I , 1 1 1 1 I 1 69 j, c?y J? C(i V ec I 1 tl + 67 - jf ,-_? 1 r ro '?? s 2 J SOMERSET ST 668 i s89 - j I -_I ; =-----J 1 r6U i? W 'I A 664 - _ _ --- I r' -- > - ---- X7 2 _ 665 I ------ I 5- I I i I \ } I I , G p M I 68 __-__ -_=2 -- v - I ht , i It I -_z 657; ) vern 86, cco? odations - z ccom odations? y - L -- -- v r- 1 r- -- 654 M ----- A U-4 655 -j -, L - 1 i I 164 ngS fide I I ?r-r ?lll - ling " 1 r _- 0 -, 699 ver ht `- '--? cc ions L----- V ROYAL W AY ,U 836 L \" verini 4 I i J _t ons I Q ? 11 II rnl 11 t ki U 622 1 - p § . I 629 Q ; -- C1 std M -- I 8+ r - 60, 6q6 6081 D , -- , ? Q . 6Q5-li r t __.r- 1 7- 6 1 ?--" 1 ? p '__1W6 v 60 3 ['L 1 - 1 __t 1 60 1 111 1 1 605 A I 6Qt-- -_ Existing Surrounding Uses Map Anthony Menna; North Clearater Beach FLD2005-08087 Owner: Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Property Site: 657 Bay Esplanade 0.348 Size (Acres) : 05-29-15-54756-077-0040 PIN: 05-29-15-54756-077-0050 Atlas Page: 258A - ------------------------------------------------------------------- BAY ESPLANADE onewwn a ?I 0 ',a ? 1e 22 1a 1 - O LOBBY POOL EQUIP. ® TRASH ....__ _ n ROOM FYI 19 12 N 22 PARKING SPACES +o<' a 1 HANDICAPPED SPACE 11 Ii aooY? ? ? .w?. ARCHITECTURAL SITE PLAN N SCALE:IA'=1'-0' NOTE: THERE ARE ADDITIONAL WOOD PILES IN THIS AREA THAT ARE NOT SHOWN. mott:? Ili; el??l?s j °BIg6161 'e -ke: su 9 I In pi Rd 9 U Nt w U R ECEIVED ?A OCT 19 2005 PLANNING DEPARTMENT CITY OF CLEARWATER D(. DOCKS TO RFIAAIN N MMW E I I AM' N 00V7Qg' E 47M' Y }/ Mi f { c?V •?. r ova X /// O O? .'O,• ..?. :O? .Q. .O O•• •0• ? W 4 CD ? d N F3 D D ?? _ _ s w 8 oovow w 0r `a) O 0 G) nm W 5>7 c? ?m r x 41 • BAY ESPLANADE r---- - - - - - W PoGHT-OF-WAY CID V i • Northside CIVIL • LAND PLANNING • C"M" 45Mka 9O,/ ENVIRONMENTAL • (?--7-• TRANSPORTATION • ORIGINAL LETTER OF TRANSMITTAL J f Date: October 6, 2005 To: Sherry L. Watkins, Administrative Analyst City of Clearwater Planning Department OCT Q 6 20055 100 S. Myrtle Ave, #210 Clearwater, FL 33756 pql? t-~p;.^?-??7 «? -.? . I '-G M CSC Reference: Palazzo / 657 & 663 Bay Esplanade NES Proj# 0520 We Transmit: X Originals X_ Prints X Enclosed Under Separate Cover Addendum Mail UPS Overnight Shop drawings Pick-Up X Hand Delivered Specifications X Applications Floppy Disk Please contact us at ?72j) 443-2669 should you have any questions or comments. Copies to: FILE B4oreaen N. Pelzer A. Williams, Project Director A. Haines 601 CLEVELAND STREET, SUITE 930 40 '_J CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 - 446 • 8036 Horthside September 30, 2005 Mr. Robert Tefft Planning III City of Clearwater - Planning Department 100 S. Myrtle Ave Clearwater, FL 33756 RE: FLD2005-08087 - - 657 Bay Esplanade Palazzo DRC Responses Dear Mr. Tefft: • CIVIL • LAND PLANNING • ENVIRONMENTAL • TRANSPORTATION 0 ORIGINAL ? 1 it [!,5 i_ UU Lv/ OCT06200? C t . ?.._s 1 5- Lit 3A !ivcsl Engineering 1. Plans indicate existing sewer lateral is 4" and connection is to a 6" line from building. If sewer wye is 4x8 this should be replaced with 6x8. See Sheet C3.1, sewer wye has been changed from 4x8 to W. 2. Engineering for modified seawall tie-back system will be required prior to permit for proposed swimming pool and deck. Seawall tie-back system will be modified under separate contract and permit. 3. Prior to C.O. applicant shall dedicate a water utility easement to the City of Clearwater to protect access to unrestricted fire line and F.H.A. Acknowledged. Environmental 1. Underground Vaults are not allowed as water quality facilities and are permittable only if specifically approved by the City Engineer. Provide justification for an underground vault. Underground Vault has been removed and surface treatment will be provided. 2. In the event that an underground vault is approved, an oil and grease separator or comparable treatment system to capture automobile pollutants will be required. Underground vault removed. Details and a cross-section of the vault must be submitted. Underground vault has been removed. 4. A vault maintenance schedule must be submitted to include an event following construction and at lease on an annual basis thereafter. Underground vault has been removed. Fire 1. By order of Chief of Construction, NO APPROVALS on Bay Esplanade, Skiff Point, Brightwater, until water supply is improved. Acknowledged. Applicant will contract fire protection engineer for alternative acceptable system. 601 CLEVELAND STREET, SUITE 930 CLEARWATER, FLORIDA 33755 NESADMIN@MINDSPRING.COM NESTECH@MINDSPRING.COM 727 • 443 • 2869 FAX 727 • 446 • 8036 9 Mr. Robert Tefft September 30, 2005 Page Two E ORIGINAL Fire 2. By order of Chief of Construction, NO APPROVALS on Bay Esplanade, Skiff Point, Brightwater, until water supply is improved. Acknowledged. Applicant will contract fire protection engineer for alternative acceptable system. 3. An automatic Class I standpipe system with a Fire Pump is required. 100 psi at roof is required. Fire pump to be located above BFE. An automatic class I standpipe system will be provided and is noted on Sheet A-2. A fire pump will be provide on Level 2 in the building equipment room capable of 100 psi at the roof. This is also shown on Sheet A-2. 4. An emergency generator is required as a back up source of power for elevators and fire pump. Must be located above BFE. Emergency lighting should also be connected. Emergency generator will be provided in building equipment room on level 6 and will provide power for elevator, fire pump, and emergency lighting. 5. Standpipe connection for dock area must be connected to fire pump/wet standpipe system. Acknowledged. 6. Shower location of fire hydrant for fire fighting use. Must be within 300' of the building as hose lays and on same side of street as building. Fire hydrant has been located with 300' of the building. See Sheet C3.1. 7. Provide fire flow calculations by a Fire Protection Engineer to assure adequate water supply for project. Fire Protection Engineer will supply fire flow calculations prior to permitting. 8. Retention vault must be engineered to hold 80,000 pounds. Underground retention vault has been removed. This comment is no longer applicable. 9. Show 20' entrance and exit lanes with 30 radius. 30' radii has been made along with 20' entrance. Landscape 1. The Comprehensive Landscape Program application is required to be notarized. Please submit a notarized Comprehensive Landscape Program Application Notarized form is enclosed herewith. Please provide correct for on-line. 2. With regard to the response to Comprehensive Landscape program requirement # 1, rather than simply stating that the proposed landscape design will blend with the architectural theme, provide a brief description as to how the landscaping has been designed as a part of the architecture theme. See revised Comprehensive Landscape Program narrative attached herewith. With regard to the response to Comprehensive Landscape program requirement # 1, rather than simply stating that the proposed landscape design will blend with the architectural theme, provide a brief description as to how the landscaping has been designed as a part of the architecture theme. See revised Comprehensive Landscape Program narrative attache?lerewith?. OCT 0 6 2005 PLANNlN(I R nc" r• ! • Mr. Robert Tefft September 30, 2005 Page Three 0RiG"i N A'L 4. With regard to the response to Comprehensive Landscape program requirement #1, rather than simply stating that the proposed landscape design will blend with the architectural theme, provide a brief description as to how the landscaping has been designed as a part of the architecture theme. See revised Comprehensive Landscape Program narrative attached herewith. Parks & Rec 1. A recreation facility impact fee of $200.00 is due for each new residential unit prior to issuance of building permit or final plat (if applicable) whichever occurs first. Credit will be given for any existing residential units. Owner will pay any necessary rec. facility impact fees prior to building permit. Stormwater Conditions 1. Prior to issuance of a building permit the applicant is to provide a copy of the approved SWFWMD permit for the proposed project. Acknowledged. Solid Waste 1. Shower where recycling arts are to be placed for residential use. Due to site constraints, payment will be made in lieu of recycling at this time. Tra tc 1. Applicant must acknowledge that the vertical clear height for handicap parking space must be 8'2" including entrance, route and exit to and from the handicap parking space. Vertical clear height for handicap will exceed 8'2". The garage floor elevation has been lowered. 2. Vertical clear height for parking garage including entrance and exit must be a minimum of 7' per Florida Building code. Vertical clear height has been labeled on Sheet A-1 as 710" minimum 3. Demonstrate how parking spaces that are inside gate and along east side of building will maneuver to exit with gate closed. A vehicle maneuverability plan has been submitted to traffic for approval. (nI OCT 0 6 2005 PLASVNfNv n©?(°t Ft? AT SVCS` Mr. Robert Tefft September 30, 2005 Page Four ® R I R,, I NA L Pla?nnin,,? Please clarify why a change was made from the mansard roof to the aluminum railing along a portion of the south elevation. The mansard roof was added to add a more residential appearance to the building to be more consistent with the surrounding area. On the south side, the aluminum railing serves to break up the roof line while providing a balance to the elevation as a whole by accentuating the center portion. 2. The architectural elevations include decorative columns for the balconies along the north elevation; however these columns are not included across the balance of the elevations. In order to achieve compatibility between all four elevations, it is recommended that the south, east and west elevations are revised to include these decorative columns. Decorative columns will be added. 3./ Revise drawings to depict the locations of all mechanical equipment. If said equipment is to be located on the roof, provide sufficient information that the equipment will be screened from view by the proposed mansard parapet. Locations of mechanical compressors have been shown on Sheet A-3. The 42" mansard roof edge serves to shield the equipment from view from the street or neighboring properties. They are also held back far enough from the edge of the building to add additional screening from the street level. 4. ? Provide the turning movements necessary for a vehicle in the parking space immediately south of the handicap parking space to achieve egress from the parking space. Turning movements have been shown on Sheet A-2 for said parking space. Although not as convenient as other spaces, it is still functional. We also have more than the minimum required number of spaces for this building, so this space can be thought of as an extra space. 5. ? City Council has provided new direction for projects within the "Old Florida" District of the Beach by Design. With regard to the subject property, height is to be limited to 65'. In addition, the Council gave direction for increase site design performance by the way of larger setbacks and/or building step backs in order to achieve such height. The proposed building consists of very few step backs and is setback only eight feet more than required by code. As such, the proposed height may not be supportable based upon the direction provided by City Council. The applicant may want to consider providing additional step backs between levels in order to further the proposals consistency with the above direction. After further review with planner, it was decided that the building meet the above / criteria. 6. J The response provided for Written Submittal Requirements criterion #4 states that "the proposed development will have two entrance/exits to alleviate traffic stacking on the street". However, as proposed the development will only have one ingress point and one egress point. Please provide a response that adequately addresses this criterion and is consistent with the proposal. D FOCT 0 6 2005 PLANNING& -0Etl t.OFMEN1 S4$! CITY OF CItA`?AY 9 Mr. Robert Tefft September 30, 2005 ORIGINAL Page Five Planning continued It must have been another late night. The written submittal has been corrected to be consistent with the proposal. 7. f The response to the ten Comprehensive Infill Redevelopment Project criteria, no responses were included in the application. Oops, accidentally forgot to copy. Narrative now included herewith. 8. ? with regard to the response to Flexibility Criterion #3 (height), while Beach by Design may not clearly indicate any specific height, Section 2-803 of the Community Development Code does indicate a standard height of 35' to which development proposals would need to request an increase. Please provide a revised response to this criterion, based upon the requested increase in height from 35' to 64'. Flexibility Criterion #3 has been revised. The correct height is 5918" from BFE, not 641. 9. With regard to the response to Flexibility Criterion #5, off-street parking is applicable to the project. The development proposal provides 24 off-street parking spaces. Provide a revised response to the criterion. Flexibility Criterion #5 has been revised. 10. The response to Flexibility Criterion #6 references a proposed height of 49'-8". This is inconsistent with the proposed height according to the plans of 64'. Further, the response stated the building is setback "over 30"' from the north property line. This is accurate for the ground level of the building; however the overwhelming majority of the building is back only 23' from the north property line. Please provide a revised response to the criterion. Flexibility Criterion #6 has been revised. 11. f Is the proposed shingle roof consistent with the "Italian" theme of the proposed building? Would barrel tile not be more consistent? Perhaps the appearance of the proposed "weathered wood" shingle could be clarified by the submittal of a sample or photograph. See attached photo for appearance of selected shingles. If there are any other questions or comments, please do not hesitate to call. Smcerel AfDaorei i s Project Director D LES` 1j) F OCT 0 6 2005 8 . 1 r:?- :J {, ?rIJU 1 } t -L J J { FS 1_trT' Cr, dMialim P644- it 1 F ;' i ? ' yr 1 4 ;? I r 0 0 2..40 pm Case Number: FLD2005-08087 -- 657 BAY ESPLANADE Owner(s): Beach & Gulf Sands Inc 657 Bay Esplanade Clearwater, Fl 33767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Housh Ghovaee 601 Cleveland Street Clearwater, F133755 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: (1) Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under the current Code); (2) Flexible Development approval to permit 13 attached dwelling units in the Tourist (T) District with an increase to height from 35 feet to 64 feet (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck), a reduction in the front (north) setback from 15 feet to five feet (to pavement) and three feet (to trash staging area), a reduction to the side (east) setback from 10 feet to zero feet (to pool deck) and seven feet (to pavement), a reduction to the side (west) setback from 10 feet to three feet (to trash staging area), a reduction to the rear (south) setback from 20 feet to zero feet (to pool deck), eight feet (to pool) and 10 feet (to building), and to allow two parking spaces within the required sight visibility triangles along Bay Esplanade as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C.; and (3) Transfer of Development Rights (TDR2005-03019) of two dwelling units from 116 Brightwater Drive under the provisions of Sections 4-1402 and 4-1403. Proposed Use: Attached dwellings 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, Fl 33767 483 E Shore Drive TELEPHONE: 727-446-3711, FAX: No Fax, E-MAIL: cora1483@aol.com Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 100 Devon Dr TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Robert Tefft, Planner III Attendees Included: The DRC reviewed this application with the following comments: General Engineering: 1 . 1. Plans indicate existing sewer lateral is 4-inch and connection is to a 6-inch line from building. If sewer wye is 4x8 this should be replaced with 6x8. All of the above to be addressed prior to CDB. The following to be addressed prior to building permit: 1. Engineering for modified seawall tie-back system will be required prior to permit for proposed swimming pool and deck. Prior to CO: 1. Applicant shall dedicate a water utility easement to City of Clearwater to protect access to unrestricted fire line and F.H.A. General Note: DRC review is a prerequisite for Building Permit Review, additional comments may be forthcoming upon submittal of a Building Permit Application. Environmental: Development Review Agenda -Thursday, September 29, 2005 - Page 43 • 0 Prior to CDB: 1. Underground Vaults are not allowed as water quality facilities and are permittable only if specifically approved by the City Engineer. Provide justification for an underground vault. 2. In the event that an underground vault is approved, an oil and grease separator or comparable treatment system to capture automobile pollutants will be required. 3. Details and a cross-section of the vault must be submitted. Prior to Building Permit: 4. A vault maintenance schedule must be submitted to include an event following construction and at least on an annual basis thereafter. Fire: 1 . By order of Chief of Construction, NO APPROVALS on Bay Esplanade, Skiff Point, Brightwater, until water supply is improved. All questions regarding this fire comment should be addressed to Chief of Construction S. C. Strong who can be reached at 727-562-4327 ext 3039. 2. An automatic Class I standpipe system with a Fire Pump is required. 100psi at roof is required. Fire Pump to be located above BITE. PRIOR TO CDB 3 . An emergency generator is required as a back up source of power for elevators and fire pump. Must be located above BFE. Emergency lighting should also be connected. PRIOR TO CDB 4. Standpipe connection for dock area must be connected to firepump/wet standpipe system. Acknowledge PRIOR TO CDB 5. Show location of fire hydrant for fire fighting use. Must be within 300' of building as hose lays and on same side of street as building. PRIOR TO CDB 6. Provide Fire Flow Calculations by a FIRE PROTECTION ENGINEER to assure adequate water supply for project. Acknowledge intent PRIOR TO CDB. Calculations due PRIOR TO PERMIT. 7. Retention vault must be engineered to hold 80,000 lbs. Acknowledge PRIOR TO CDB 8 . Show 20' entrance and exit lanes with 30' radius. PRIOR TO CDB Harbor Master: No Comments Legal: No Comments Land Resources: No Issues. Landscaping: 1 . The Comprehensive Landscape Program application is required to be notarized. Please submit a notarized Comprehensive Landscape Program application. 2. With regard to the response to Comprehensive Landscape Program requirement #1, rather than simply stating that the proposed landscape design will blend with the architectural theme, provide a brief description as to how the landscaping has been designed as a part of the architectural theme. 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. Conact Art Kader at 727-562-4824. Stormwater: 1 . Prior to issuance of a building permit the applicant is to provide a copy of the approved SWFWMD permit for the proposed project. Solid Waste: show where recycling carts are to be placed for resident use Traffic Engineering: Development Review Agenda -Thursday, September 29, 2005 - Page 44 0 0 Applicant must acknowledge that the vertical clear height for handicap parking space must be 8 feet 2 inches including entrance, route and exit to and from the handicap parking space. 2. Vertical clear height for parking garage including entrance and exit must be a minimum of 7 feet per Florida Building Code. 3. Demonstrate how parking spaces that are inside gate and along east side of building will- maneuver to exit with gate closed. All of the above to be addressed prior to CDB General note: Comply with the current Transportation Impact Fee Ordinance and fee schedule. Planning: 1 . Please clarify why a change was made from the mansard roof to the aluminum railing along a portion of the south elevation. 2. The architectural elevations includes decorative columns for the balconies along the north elevation; however these columns are not includes across the balance of the elevations. In order to achieve compatibility between all four elevations, it is recommended that the south, east and west elevations are revised to include these decorative columns. 3 . Revise drawings to depict the locations of all mechanical equipment. If said equipment is to be located on the roof, provide sufficient information that the equipment will be screened from view by the proposed mansard parapet. 4. Provide the turning movements necessary for a vehicle in the parking space immediately south of the handicap parking space to achieve egress from the parking space. 5. The City Council has provided new direction for projects within the "Old Florida" District of Beach by Design. With regard to the subject property, height is to be limited to 65 feet. In addition, the Council gave direction for increased site design performance by the way of larger setbacks and/or building step backs in order to achieve such height. The proposed building consists of very few step backs and is setback only eight feet more than required by code. As such, the proposed height may not be supportable based upon the direction provided by City Council. The applicant may want to consider provided additional step backs between levels in order to further the proposals consistency with the above direction. 6. The response provided for Written Submittal Requirements criterion #4 states that "the proposed development will have two entrance/exits to alleviate traffic stacking on the street". However, as proposed the development will only have one ingress point and one egress point. Please provide a response that adequately addresses this criterion and is consistent with the proposal. 7. Provide responses to the ten (10) Comprehensive Infill Redevelopment Project criteria. No responses were included in the application. 8 . With regard to the response to Flexibility Criterion #3 (height), while Beach by Design may not clearly indicate any specific heights, Section 2-803 of the Community Development Code does indicate a standard height of 35 feet to which development proposals would need to request an increase from. Please provide a revised reponse to this criterion, based upon the requested increase in height from 35 feet to 64 feet. 9. With regard to the response to Flexibility Criterion #5, off-street parking is applicable to the project. The development proposal provides 24 off-street parking spaces. Provide a revised response to the criterion. 10. The response to Flexibility Criterion #6 references a proposed height of 59'-8". This is inconsistent with the proposed height according to the plans of 64 feet. Further, the response states that the building is set back "over 30 feet" from the north property line. This is accurate for the ground level of the building; however the overwhelming majority of the building is set back only 23 feet from the north property line. Please provide a revised response to this criterion. 11 . Is the proposed shingle roof consistent with the "Italian" theme of the proposed building? Would barrel tile not be more consistent? Perhaps the appearance of the proposed "weathered wood" shingle could be clarified by the submittal of a sample or photograph. Other: No Comments Notes: Development Review Agenda -Thursday, September 29, 2005 - Page 45 • C ITY OF C 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) 562-4865 LONG RANGE PLANNING DEVELOPMENT REVIEW August 29, 2005 Mr. Housh Ghovaee Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: FLD2005-08087 - 657 Bay Esplanade - Letter of Completeness Dear Mr. Ghovaee: The Planning Staff has entered your application into the Department's filing system and assigned the case number FLD2005-08087. 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 Thursday, September 29, 2005. Should you have any questions, please do not hesitate to contact me at (727) 562-4539 or via e-mail at robert. tefft@,myclearwater. com. Sincerely yours, Robert G. Tefft, Planner III Planning Department City of Clearwater Tel: (727) 562-4539 Fax: (727) 562-4865 FRANK HIBBARD, MAYOR BILL JONSON, VICE-MAYOR JOHN DORAN, COUNCIL MENIBER How HAMIUPON, COUNCILMEMBER ® CARLEN A. PETERSEN, COUNCIL,MEMBER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" Aug. 29 2005 04:02PM YOUR LOGO CityOfClearwater-Plan Dept YOUR FAX NO. 727 562 4865 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94468036 Aug.29 04:01PM 01105 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 CITY OF CLEARWATER PLANNING DEPARTMENT 100 SOUTH MYRTLE AVENUE CLEARWATER, FLORIDA 33756 TEL: (727) 562-4567 FAx: (727) 562-4865 is "Clearwater FACSIMILE COVER SHEET Date: August 29, 2005 To: Housh Ghovaee, Northside Engineering Services, (727) 446-8036 From: Robert G. Tefft, Planner III Re: FLD2005-08087 / 657 Bay Esplanade Number of Pages Including Cover Sheet: 2 Comments: "Please confirm receipt via e-mail at: robert. teffi cbmvelearwater.coni ** ** Visit the Planning Department online at www.myclearwater.com ** I Tefft, Robert From: Rice, Scott Sent: Monday, October 10, 2005 9:54 AM To: Tefft, Robert; Watkins, Sherry Cc: Elbo, Bennett; Faessler, Heather Subject: FLD2005-08087 - 657 Bay Esplanade Engineering has reviewed the resubmittal for the subject application. Two issues remain to be addressed: Traffic 3. Demonstrate how parking spaces that are inside gate and along east side of building will maneuver to exit with gate closed. 10/10/05 - CIVIL AND ARCHITECTURAL PLANS ARE NOT CONSISTENT. WHICH DRIVE AISLE LAYOUT IS CORRECT? Environmental 10/10/05 1. THE PROPOSED POND IS A DRY POND FOR WATER QUALITY TREATMENT ONLY. IN ACCORDANCE WITH CITY DESIGN CRITERIA, DRY PONDS SHALL BE GRASSED WITH SLOPES NO GREATER THAN 4:1. PROVIDE CROSS SECTIONS OF POND TO DEMONSTRATE COMPLIANCE WITH THESES REQUIREMENTS. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater.com • 0 Tefft, Robert From: Rice, Scott Sent: Monday, October 10, 2005 9:56 AM To: Tefft, Robert Subject: RE: FLD2005-08087 - 657 Bay Esplanade These need resolved prior to CDB. D. Scott Rice Land Devel. Engr. Manager 727-562-4781 scott.rice@MyClearwater.com -----Original Message----- From: Tefft, Robert Sent: Monday, October 10, 2005 9:55 AM To: Rice, Scott Subject: RE: FLD2005-08087 - 657 Bay Esplanade Scott: When do you need these issues addressed by? -----Original Message----- From: Rice, Scott Sent: Monday, October 10, 2005 9:54 AM To: Tefft, Robert; Watkins, Sherry Cc: Elbo, Bennett; Faessler, Heather Subject: FLD2005-08087 - 657 Bay Esplanade Engineering has reviewed the resubmittal for the subject application. Two issues remain to be addressed: Traffic 3. Demonstrate how parking spaces that are inside gate and along east side of building will maneuver to exit with gate closed. 10/10/05 - CIVIL AND ARCHITECTURAL PLANS ARE NOT CONSISTENT. WHICH DRIVE AISLE LAYOUT IS CORRECT? Environmental 10/10/05 1. THE PROPOSED POND IS A DRY POND FOR WATER QUALITY TREATMENT ONLY. IN ACCORDANCE WITH CITY DESIGN CRITERIA, DRY PONDS SHALL BE GRASSED WITH SLOPES NO GREATER THAN 4:1. PROVIDE CROSS SECTIONS OF POND TO DEMONSTRATE COMPLIANCE WITH THESES REQUIREMENTS. D. Scott Rice Land DeveL Engr. Manager 727-562-4781 scott.rice@MyClearwater.com 0 0 1 85 I - -1 f l l i- -•-- I `? -?- i i i I 1 -- ? 69?--- /? ? 868 t 689---- i f L-----I-,, f ? J 4,i B8 -[-- ?2 D r 8_8_5 ------ - L M I -? 657 I - i I I ' D --=1)¢4 I1 -- r I 654 M u? I -? ^8113'", 1 I I 1 _ 1 _ r -- E?f¢ I--- 7e ? -, 639 1 1 I ? _J ` w F-1 1 % ' 818 i ( ? / } I 11 J L It t _,1 C I t f--? ? 617 608, r-- i 119 --t 805 ? 1 t l 1 xRA Zoning Map Anthony Menna; N orth Clearater Beach Owner. Development, LLC and Keith Hardison; Case: FLD2005-08087 Beach-Gulf Sands, Inc. TDR2005-03019 Si te: 657 Bay Esplanade Property 0 348 Size (Acres) : . PIN: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: 258A ? J 0 Aerial Map Anthony Menna; North Clearater Beach FLD2005-08087 Owner. Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Site: 657 Bay Esplanade Property 0.348 Size(Acres): PIN: Atlas Page: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 258A L-i L] LAUft 0 a D Q ? a 10PUN0 PIA7A DAD 0? Y V a oANOww sr a a40 oil VERSENA D ??DO p Qj O MMKiO X V't .am ok PROJECT D S17 E ACAOw ST T T S 0 I? a O D ? PI'y dFM)AlE ?? HEILINOW o SAY _ „?i AVALON t g W KENDALL o ?g g BAY ESPLANADE m P H+ BOOfAWAY ?Arrttir BAYMONT ST sIN W ppINT ? ? PAPAYA ST > 3 mw u7 0 qq Y y PASSAGE c f K '*-a 4 0 B? WWWA D p • R? Location Map Anthony Menna; North Clearater Beach FLD2005-08087 Owner. Development, LLC and Keith Hardison; Case: TDR2005-03019 Beach-Gulf Sands, Inc. Site: 657 Bay Esplanade Property Sia(Acres) : 0.348 PIN: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: 258A • 0 I 976 95 vi-5- 1 I I 1 I I r , I, I I --= ? ? ? ' , I L . e c , --- wV IV SOMERSET 3T 66a e------ i --r Vj ------i i '- 1?_? ---- , --- - _ _ _V2 8_8_5 , _ M V ht --- I_l --- I ?rni t 661 1 657; ?` % r??r?r ccom odations ccom odations, c ---` r- _0; m -----? 12 I I ,ems,-, 655 A 6 ings add I I = 75 - - , lin g L ? X8401 a ht T-- _ , g -, 699 - -- , 1 '--F 1 cc ?rnrio firms V ROYAL WAY 636 Q ?. e a a -'1 h 1? ; 022-1 2 I? Nut ` 62Z q - v? I 61? m 1 r60 6 6 67 - 4 - a ` `i I, D 60&- r-- 6D8, D i ?-1 I 1 1 I C I L_ 610 I D j } _s- v m 1 605 ; Existing Surrounding Uses Map Anthony Menna; North Clearater Beach Owner. Development, LLC and Keith Hardison; Case: FLD2005-08087 Beach-Gulf Sands, Inc. TDR2005-03019 Site: 657 Bay Esplanade Property 0 348 Size(Acres): . PIN: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: 258A 0 1 895 II IN IL I I -j _ j ! H 1617 1 SOMERSET 8T 668 I 89 --- I --^ I I---•__ ? __ _-i I I ? r' 1 4 --- --- - _ _ _§2 18851 ._? ---_ --2 r---?`l-r-- -" --- j I 661 I -__ a 1 FH81 1 657! ; ? 1 I D ------ :1 + I i I I ; --I i 654 m ----- 1 ^-- ? 644 - - RFH , II ? -?$? X43+ ?__' WATER J i4 01 > - 699 _ / - ROYAL WAY v 831 J??? 1 636 t \ ?-tJ 51 T7P 1 ?- I?FH ; 532 o F :1 1 1 1P , W r ? L ,I ? Lam. ONYIii I y j 611 1 6 t_ 4 m I 7 t'- I j 1 _t 3 --6DS- v l _-I j I t m t 1 605 Future Land Use Map Anthony Menna; North Clearater Beach Owner. Development, LLC and Keith Hardison; Case: FLD2005-08087 Beach-Gulf Sands, Inc. TDR2005-03019 Site: 657 Bay Esplanade Property 0.348 Size(Acres): PIN: 05-29-15-54756-077-0040 05-29-15-54756-077-0050 Atlas Page: 258A View looking northeast View looking northeast from across the water to the southwest View looking southwest iew looking west 657 Bay Esplanade FLD2005-08087 diJti?+`?31J ±C? 1.11. SOA-7 SN3V1d01 ? 3G t nvtNNbld n 3ooZ g to loo V 2 UNIT 2 UNIT 3 UNIT 3 UNI7 3 UNIT 2 UNITS 2 UNITS 3 UNITS 3 UNITS 3 UNITS WEST ELEVATION --------- SCALE: 1/6'=1'-0' SOUTH ELEVATION SCALE: 118'=1'-0' SCALE: 1/8"=1'4" ltfiii llst};! f?lilt} jlje-!! }(?1}! i1?11!! l1j?l?e fl:..ll ??LL Z VU 0111 p?m O>w 0m O?? Z O .Q w w O w 0 m m U A F EAST ELEVATION SCALE: 118"=1'-0' - - -------------- ------------ - --------------- BAY ESPLANADE ------- -------------- - - - m?. rn.coc.r won R. !!I 21 e 76 17 11 .Q . i . e;.! .?I ? t :?fi mvo.amwo r •. rma 1 ; :1 .._ 2T S I I } ?F O LOBBY POOL EOUIP. I -?!? O TRASH un ? . ROOM .y 22 PARKING SPACES " 1 HANDICAPPED SPACE 11 ?oLL I Q -. 0 Q ° I I 01a q I . f i LIZ ?a w = N ARCHITECTURAL SITE PLAN - . N SCALE: VV=V-0 WOOD & PLASTIC DOCK NOTE: THERE ARE ADDITIONAL WOOD PILES IN THIS AREA THAT ARE x. NOT SHOWN. ? c-D i }EUB.ce BEgtCOyR BEgp 0 reBB.cE ? I I I I I % BEDP00%1 B BEMODM R / O BA1N B?iN I I ? BA anaoaw ? a+? 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L 1 ar V N t "4i ? . #,i j k o J fig, I ?p JE K 191 A 24' 7\ IV- 24' 8 OOVT25' W S 'A9' W OdOW I ?• / g ! h_ - g rsn OHW 1 BAY Eti1P.T.ANADE It ' q?Vd x N • EX. DOCKS TO REMAIN N OMWE Ate' ?'9 Y47 La' Q'AwALL N 010'3T05' 47.910' s 0 1121 sod a r SOd??? snit ------ -------- -------- -- L---------J ' I // 0 0 0 0 0 0 0 o o 'a / i i °a L? 1 LI 1 ? I L, • a1 K 1 C:dj a p p ?? z 80=781W adoo, ? N U t .S, U W-0 b(n b n? jo* N pig Al BAY ESPLANADE 0 0 PALAZZO EXTERIOR BUILDING COLORS 1 2 BUILDING COLOR SHERWIN WILLIAMS BELIEVABLE BUFF SW6120 BUILDING TRIM COLOR SHERWIN WILLIAMS BAGUETTE SW6123 RAILINGS K3 BLACK ESP FINISH 4 k -(-?T ROOF SHINGLES CERTAINTEED BRAND "WEATHERED WOOD" D 1 W9 l1- 2 OCT0620Z Ali L-J! LANNING ? . ^,JH-0F?0EN l ,r?,Sl -ivma ? ?A n U r 1 ! ' LS IC T o s z ?OrMEN I- k JCS ATF BIT t eb L-_ L r^ . r? c 'r ..v r s NOV 9 0 CITY OF CLEARWATER NOTICE OF COMMUNITY DEVELOPMENT BOARD PUBLIC HEARINGS The Community Development Board of the City of Clearwater, Florida, will hold public hearings on Tuesday, November 15, 2005, beginning at 1:00 p.m., in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida, to consider the following requests: NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff, neighboring property owners, etc. will be placed on a consent agenda and approved by a single vote at the beginning of the meeting. 1. Jerry and Teresa Tas are requesting Flexible Development approval to permit 17 attached dwellings within the Tourist (T) District with an increase to building ht from 35 ft to 78 ft (to roof deck) with an additional 14 ft for architectural embellishments (from roof deck), a reduction to the front (north) setback from 15 ft to zero ft (to pavement) and a reduction to the minimum lot width from 100 ft to 67.5 ft along Coronado Dr and to 71.64 ft along Hamden Dr as part of a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Attached dwellings) at 342 Hamden Dr and 343 Coronado Dr, Columbia Sub No 2, Blk A, Lot 11 & part of Lot 10, and Columbia Sub No 3, Lot 7 and part of Lot 6. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-07066 2. Griffin International, Inc. is requesting Flexible Development approval to permit Alcoholic Beverage Sales in the Commercial (C) District on a parcel of land contiguous to a parcel of land which is designated as residential in the Zoning Atlas as a Comprehensive Infill Redevelopment Project per Sec 2-704.C. (Proposed Use: Alcoholic Beverage Sales) at 1575 Highland Ave S, Sec 23-29-15, M&B 34.03. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-08082 3. Beach & Gulf Sands, Inc, and North Clearwater Beach Development, LLC (Anthony Menna) are requesting 1) Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code); 2) Transfer of Development Rights (TDR2005-03019) of 2 dwelling units from 116 Brightwater Dr under the provisions of Secs 4-1402 and 4-1403; and 3) Flexible Development approval to permit 13 attached dwelling units in the Tourist (T) District with an increase to ht from 35 ft to 59.66 ft (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck), a reduction to the front (north) setback from 15 ft to 2 ft (to pavement), a reduction to the side (east) setback from 10 ft to zero ft (to pool deck), a reduction to the side (west) setback from 10 ft to 1.5 ft (to pavement), a reduction to the rear (south) setback from 20 ft to 10 ft (to building) and zero ft (to pool deck), and to allow 5 parking spaces to encroach within the required sight visibility triangles along Bay Esplanade as part of a Comprehensive Infill Redevelopment Project under the provisions of Sec 2-803.C. (Proposed Use: Attached Dwellings) at 657 & 663 Bay Esplanade, Mandalay Unit No 5 Replat Blk 77, Lots 4-5. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-08087 4. 400 Cleveland, LLC, Mainstreet Clearwater Development, and Whtbuff, Inc (TH Management, LLC, Laura Street Development, LLC) are requesting Flexible Development approval to permit a mixed-use development in the Downtown (D) District with 245 attached dwelling units (which includes an increase in density of 36 dwelling units from the Clearwater Downtown Redevelopment Plan Public Amenities Incentive Pool) and 186,300 sq ft of non- residential floor area (restaurant, retail/movie theater, and existing office), an increase in the permitted height from 30 ft to 380 ft (to roof deck) with an additional 27 ft for architectural embellishments as a Comprehensive Infill Redevelopment Project, under the provisions of See 2- 903.C. [Proposed Use: Mixed-Use (245 attached dwellings, 98,500 sq ft retail/restaurant/movie theatre, and 87,800 sq ft office)] at 400, 410, 418, & 420 Cleveland St and 416 Laura St, See 16-29-15, M&B 12-03, Earl & Tate's Sub Lots 1, 3, 5, 7, 9-10, 19-21 and part of lots 2, 4, 6, 8, 11, 17, & 18. Assigned Planner: Robert G. Tefft, Planner III. FLD2005-08084 5. Ronald E & Karen L Kozan (Newkirk Ventures Inc) are requesting a Flexible Development approval to permit the addition of a pool to a previously approved attached dwelling project (FLD2005-05045, approved August 16, 2005) in the Medium High Density Residential (MHDR) District with a reduction to the rear (east) setback from 15 ft to zero ft (to pool deck), as a Residential Infill Project, under the provisions of Sec 2-404.F. [Proposed Use: Attached dwellings (26 condominiums) with pool] at 405 Island Way, Island Estates of Clearwater, Unit 2, Lot 15 & S '/2 of Lot 16. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005- 08086 6. Dam Devon LLC (City of Clearwater) are requesting a Flexible Development approval to permit a parking lot in the Tourist (T) District with a reduction to minimum lot area from 20,000 sq ft to 16,500 sq ft, a reduction to the front (north along Devon Dr/First Ave) setback from 25 ft to 15 ft (to pavement) and a reduction to the front (east along Hamden Dr) setback from 25 ft to 15 ft (to pavement), as a Comprehensive Infill Redevelopment Project, under the provisions of Sec 2-803.C. (Proposed Use: Public parking lot for 25 parking spaces) at 41 Devon Dr, Columbia Sub, Blk B, E '/2 of Lot 1. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08089 7. Peter Pan Developments LLC (Panayiotis Vasiloudes, Petrit Meroli, Somerset Condominium) are requesting a Flexible Development approval to permit 8 attached dwellings in the Medium High Density Residential (NgIDR) District with a reduction to the minimum lot area from 15,000 sq ft to 13,087 sq ft, reductions to the minimum lot width from 150 ft to 120 ft along Bay Esplanade and from 150 ft to 110 ft along Somerset St, a reduction to the front (west) setback from 25 ft to 22 ft (to water feature), reductions to the front (south) setback from 25 ft to 11 ft (to building and pavement) and from 25 ft to zero ft (to trash staging area), a reduction to the side (north) setback from 10 ft to 3.1 ft (to pavement), a reduction to the side (east) setback from 10 ft to zero ft (to pool deck), an increase to building ht from 30 ft to 46.83 ft (to roof deck) with an additional 4.17 ft for perimeter parapets (from roof deck) and to permit the building within the visibility triangles, as a Residential Infill Project, under the provisions of Sec 2-404.17, and a reduction to the landscape buffer along Bay Esplanade from 5 ft to 3 ft (for the retention pond planting area), a reduction to the landscape buffer along Somerset St from 10 ft to zero ft (to trash staging area) and a reduction to the landscape buffer along the north property line from 10 ft to 3.1 ft (to pavement), as a Comprehensive Landscape Plan, under the provisions of Sec 3-1202.G. [Proposed Use: Attached dwellings (8 condominiums)] at 693-699 Bay Esplanade, Mandalay Unit No. 5 Replat, Blk 76 & unplatted Blk 76. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08090 8. Peter Pan Development LLC & Epic Holdings South LLC (Bay Esplanade Condominium) are requesting a Flexible Development approval to permit 8 attached dwellings in the Tourist (T) District with a reduction to the front (west) setback from 15 ft to 13 ft (to water feature), reductions to the front (north) setback along Somerset St from 15 ft to 12.67 ft (to building), from 15 ft to 9.83 ft (to pavement) and from 15 ft to zero ft (to trash staging area), a reduction to the side (east) setback from 10 ft to zero ft (to pool deck), an increase to building height from 35 ft to 46.83 ft (to roof deck) with an additional 4.17 ft for perimeter parapets (from roof deck) and to permit the building within the visibility triangles, under the provisions of Sec 2-803.B. [Proposed Use: Attached dwellings (8 condominiums)] at 685-689 Bay Esplanade, Mandalay Unit No. 5 Replat Blk 77, Lots 12-13, & part of Lot 11. Assigned Planner: Wayne M. Wells, AICP, Planner III. FLD2005-08088 9. Jaycee Roth is requesting an appeal of an administrative determination denying the ability to apply for an Animal Boarding Facility use as a Comprehensive Infill Redevelopment Project in the Downtown East Gateway Character District, per Sec 3-502. (Proposed Use: Animal Boarding Use) at 1242 Cleveland St, Padgett's Estates Sub Lot 3 & parts of Lots 2 & 4. Assigned Planner: John Schodtler, Planner I. APP2005-00002 Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the Planning Director or City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Board or Council, with respect to any matter considered at such hearings, will need to request a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Community Development Code Sec 4-206 states that party status shall be granted by the Board in quasi-judicial cases if the person requesting such status demonstrates that s/he is substantially affected. Party status entitles parties to personally testify, present evidence, argument and 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. Ad: 10/30/05 FLD200 808'7 - 116 1066363 ONTARIO LTD 108 5TH ST LLC 152 CLARENDON ST 9 SUNSET BAY DR SOUTHAMPTON ON NOH 21-0 00030 - BELLEAIR FL 33756 - 1644 CANADA ALBRECHT,YVETTE 16 ASHENDEN WALK FARNHAM COMMON BUCKS SL2 3UF 00009 - UNITED KINGDOM AMERPOL HOTELS & MOTELS INC 428 MINER ST BENSENVILLE IL 60106 - 2657 ARDENT INTERNATIONAL LTD LIABI 2840 WEST BAY DR # 363 BELLEAIR BLUFFS FL 33770 - 2620 BAY ESPLANADE AT CLEARWATER BE 2110 DREW ST # 100 CLEARWATER FL 33765 - 3231 BEACH & GULF SANDS INC (Keith Hardison, Agent) 657 BAY ESPLANADE CLEARWATER FL 33767 - 1515 BOERNER, SUSANA B 112 S LAUBER WAY TAMPA FL 33609 - 2615 CASWELL LLC 949 BRUCE AVE CLEARWATER FL 33767 - 1011 Clearwater Neighborhoods Coalition Doug Williams, President 2544 Frisco Drive Clearwater, FL 33761 Coral Resort Condominium Peggy Harnung 483 East Shore Drive Clearwater, FL 33767 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 - 1522 BOYES, JAMES R BOYES, GEORGIA 969 BRUCE AVE CLEARWATER FL 33767 - 1013 CIUCEVICH, JOSEPH 736 BRUCE AVE CLEARWATER FL 33767 - 1418 COATES I INC 873 ISLAND WAY CLEARWATER FL 33767 - 1826 CZIPRI, BRENDA K THE 334 EAST LAKE RD STE 338 PALM HARBOR FL 34685 - 2427 *AIELLO, ITALO RUFFOLD, LILIA 93 CORNELIUS PKWY TORONTO ON M61- 2K6 00030 - CANADA ANDRESON, DEAN ANDRESON,ANN 2046 BRENDLA RD CLEARWATER FL 33755 - 1309 BANNON, MARY KATHLEEN TRUST 8013 WILDWOOD LN DARI EN I L 60561 - 5914 BAYESPLANADE.COM LLC 627 BAY ESPLANADE CLEARWATER FL 33767 - 1617 BERETA, STANLEY D THE 661 POINSETTIA AVE # 203 CLEARWATER FL 33767 - 1535 CAPRI MOTEL CONDO ASSN 55 SOMERSET ST # 3 CLEARWATER FL 33767 - 1546 Clearwater Beach Association Jay Keyes 100 Devon Drive Clearwater, FL 33767 COQUINA APTS INC 692 BAY ESPLANADE CLEARWATER FL 33767 - 1500 D'ARRIGO, STEPHEN V 11 ARLENE AVE WILMINGTON MA 01887 - 1111 DE BELLIS, BARBARA DE BENEDITTIS, FRANK DEAN REAL ESTATE INV INC 55 SOMERSET ST # 3 DE BENEDITTIS, NANCY 647 BAY ESPLANADE CLEARWATER FL 33767 - 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1334 NEWPORT MN 55055 - 1061 CLEARWATER FL 33767 - 1537 LEWINSKI, WOJCIECH LEWINSKI, HANNA 60 SOMERSET # 3 CLEARWATER FL 33767 - 1543 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 MORRISON, GEORGE ROBERT ALBERT 115 ARGYLE KIRKLAND QC H9H 3H9 00030 - CANADA NEIL, MARIE-THERESE 31 ISLAND WAY # 201 CLEARWATER FL 33767 - 2205 NOTO,PETER NOTO, MARY 18 PERRYWINKLE WAY WEBSTER NY 14580 - 4217 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 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 661 POINSETTIA AVE # 201 CLEARWATER FL 33767 - 1535 MOSSER, RICHARD S 661 POINSETTIA AVE # 301 CLEARWATER FL 33767 - 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2600 SEMINOLE FL 33772 - 7149 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 SPEAR, ROBERT E THE 102 CARRIAGE SQUARE CT HENDERSONVILLE NC 28791 - 1396 L_..I SILLASEN, SEAJAYE 12313 W LOUISIANA AVE LAKEWOOD CO 80228 - 3829 SOBOLESKI, JAMES W 191 DEVON DR CLEARWATER FL 33767 - 2439 SPERELAKIS, NICHOLAS SR SPERELAKIS, DOLORES J 12114 PAULMEADOWS DR CINCINNATI OH 45249 - 1330 OSMITH, RUPERT W JR SMITH, IRENE V 661 POINSETTIA AVE # 106 CLEARWATER FL 33767 - 1534 SOWAKINAS, DAVID J 2 ADALIA AVE # 408 TAMPA FL 33606 - 3315 SPRING TIDE INVESTMENTS II LLC 622 BYPASS DR STE 100 CLEARWATER FL 33764 - 5002 STERNS, DANIEL THOMPSON, MICHAEL S THURMOND, WILLIAM H STERNS, DONYA THOMPSON, MARIA THURMOND, CAROL H 2150 120TH PL SE BRENDON FEN POND RD IGTHEHM PO BOX 478 BELLEVUE WA 98005 - 4651 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 VASILOUDES, HELEN CLEARWATER FL 33767 - 1632 TAMPA FL 33615 - 4518 767 BAY ESPLANADE CLEARWATER FL 33767 - 1412 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 WHITEHURST, DON R 1801 SE US HIGHWAY 19 CRYSTAL RIVER FL 34429 - 9065 WINCHESTER, GARY WOSCHITZ, EVA THE WINCHESTER, PAMELA 302 POINSETTIA LAND TRUST 17111 HANNA RD 10 COURTWOOD PL LUTZ FL 33549 - 5666 TORONTO ON M2K 1Z9 00030 - CANADA WICKY, JERRY E WICKY, BETTY W PO BOX 1191 OLDSMAR FL 34677 - 1191 ft ?-?G(I5?08087. ?7?AV ESACA.vgAE ° - - ? ? 249A 2498 I q 9 >1r 4 12 ,, $ ASTER STREET $ 11 oe{ „,, CITY OF CLEARWATER r14 rn 724 e° eo 20 no eo f11 3 13 716 7 3 6 10 T S ?jfs AND VICINITY \t f• PINELL S CO O >oB >oe >m >OB A UNTY, FL RIDA \?l >/> ?i B 9 >et OOD 6 6 t, PREPARED BY ® - AND +n 5 na nB 2 21704 7662 14,4 < >oB TB 7pAY ? PUBLIC WORKS ADMINISTRATION ? s e ENGINEERING a MA DA Y 796 5 3 2 "° +r7 5 16- 4 / 71{ >ort 23 , 11 15 s?i? AO,{F 100 S Mplle All., CYew-ler, FL 33756 C 7 B? 700 > 4 S22 >al n o1 i0 Y/B 4 W e >m A ?/ P.: ( i 27)562-4750. Fox: (722)526-4755 4 , 11C ,?. Kp } " hllp;//-Ch'arwot er-0. cam/Cit yDepa l l men is/public-wm ks/engineer/ ACACIA } STREET °; D? ON m` ohaa;mer: 2 >oe R w C w?1 n t B m 2 1 w 2 1) ?? P I J o 4 7 D z a s 14 3 1 B0 uDllc nlormouon dojo is furnished by the city or Clearwater 13 Ba! 5 4 3 2 '01 t g)-7 >oIj Publlc Work° Atlmin151rollon /E ngln¢erlnq, and must oe or¢evled 1 2 OMEPSCI' 2 T 1 1 3 4 5 CONDO 9 8 7 g 5 w4 m2 BBB 3° ohd used by the -ipfent with the understanding that the data Ceived was Collected for the °arpose or deaelopinq o graphic inirostrv ,ure Inventory. As such, the City of Clearwater PWA/E ' & 41-29 makes no wormnaes, e,pressed or Implied. concerning the bllll bilit f thi c u c l t ll it d f t SOMERSET ST + C I!I r ?tl p a c ra y. comp e eness, re o y, or su y o s o s or o any othe por r ltcul u> ar e. Furthermore, the City of Ciea rw o le, PWA/E ass mes no habi't' wh of soe.. associated with the use f t 6610 CAPW Y.OTEL m A? ,? 4 5 6 7 T - ze o such co e. CON Comm aw 7 i7 1 t4 `s ? c N N2E; This Atom pa e 15 bj¢d to eaodie eh°n e, U ea, 13 a 9 I e>r ? 669 5 g Bed 12 '?S 9 649 ' g q . v For Nformouon boat mteat reaz , pleme toll PWA/E or ? J at B°e f w < a,it oar wee ite. : , CAMBRIA ST o 8 661 4 PENTHOUSE a THE w SHORES rlva '4 ?5 m a _ B w 7 SB a 66e 9 6> 14 e6B -e- 3 CONDO. IQ PALMS IMP MOTEL I N B < A 6aa °64 4 1 1} t 11 10 15e64 old 2 13 11 ` ` R 4 9 ° 16 B6o 2 1 m o 12 66° BBB B e g IoL EVnL O S T s ?17 I SU e o g ° z? 2 6 9 F I 0 100 200 400 600 cJ I 70 u edt3 .." G 9 4 13 11 10 2 ,9 T ° } 5 6 I 4 " ' m & 6 edo SCALE: 1 = 400 o OL14MIE ST 20BSe B AS-OF B C Co W. $ROVAL I $ WAY LEGEND: A N o. 6191 q P 80-118 1 17 w O 11 It 2 eat 3 Bdn 12 b n t0 9 g BLOCK NUMBER HEILWO ?T OD e a < e 2 m THE + CAY T ° 3 ` w ; Ott a 6 air 0 1234 LOT ADDRESS ,LW. BEA CONDO It H -78 4 5 6 2 1 8 e 5 ESPLANADE g e{ I CO 1 W 141 998 3 t sr 1 0 6 Q w all S 13 60 1po n 6io est 5 , - - - - - CITY LIMITS LINE F, w S 1 a 7 1 6 AvA LON ST w w IN 9 6 I 06 -.'.7 SHADED AREA - PROPERTY G L J R 0 3 w w w w i ,?E 2 C4 3 - ? 6 a _ _- OUTSIDE CLEAR WATER CITY LIMITS 1 0 4 5 g Bl 9 ck Y PA 12 f,73eoB ell 6p8 i 1 o 2 R 12 °04 ao! , i 14 °0± 3 2 I A AGREEMENT TO ANNEX e ` 15 a 73 1 a 11 Q - 11 eo B, v aB9 1 a I $ KENOAL L S ? S i A A ADZ aed 1mD ee 98--0 01 PNITA .x.] 4 ( 56 6e° ' CITY OWNED PROPERTY G73 v Rk QB < 6BI 1 5 F ,g 681 _\ F 9 5 MDR ZONING DESIGNATION ? \ 2 6 5 6 8 9 I > ?j 77av nw J T/1 "T 1 15 to 13 11 ° 70 T 3 aad loot = 7 0. W g 3Z \'C\ B> 18666 ZONE LINE ?1 U ? eo 4 6° s a a do 2 a 19 s 5 I O - BAY ' A I ` l00 oaf y b D.B. 713-313 I REZONE ORD FIRE n6N (2) X4 CLEARWATER BEACH REC. COMPLEX O S/ R 7 t 6 /OI r 1 84 33/01 ® 9 1 1/ 3 I 4 a 81 MANDALAY Dnn v. PARK a. Dp. N> pe- e !!E d SR- 5 OS/R p Ay„ '0 R ROCXAWAY S STREET (>? ° M[ ER 5 B?„ 8 C CORRECTIW °9/14/92 c - . ® BELLE HARBOR ]`{ 19 1 2 to 91 B 2 s00 126 - ib ?,j`Y wl l REVISED; - B I V4° oA H D R so 09/09/2002 . 1118•Tp k _ T ,DO --- ------ ZONING ATLAS 606 6 SW 1/4 OF SECTION . ? ` 2 5 8 A 7A 2 2678 A 5 - 29 S - 15 E 4 01 c C' r. O O\ O N O N M N O\l O v, co In f0 to fu u O R i c c U7) CITY OF CLEARWATER PLANNING DEPARTMENT POST OFFICE Box 4748, CLFARWA-rFR, FI.ORIDA 33758-4748 MUNICIPAL. SFRVICt;s BUILDING, 100 SOUTH MYRT'Lr AVENUE, CLEARWATER, FLORIDA 33756 TELr:PHONF (727) 562-4567 FAx (727) 562-4865 LONG RANGE PLANNING DEVELOPMENT RFAF,W March 22, 2006 Mr. Housh Ghovaee Northside Engineering Services, Inc. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 Re: FLD2005-08087 and TDR2005-03019 (657-663 Bay Esplanade) Dear Mr. Ghovaee: This letter constitutes a Development Order pursuant to Section 4-206.D.6. of the Community Development Code. On November 15, 2005, the Community Development Board (CDB) reviewed your Flexible Development request to permit 13 attached dwelling units in the Tourist (T) District as part of a Comprehensive Infill Redevelopment Project under the provisions of Section 2-803.C. with an increase to height from 35 feet to 59.66 feet (to roof deck) with an additional 42 inches for perimeter parapets (from roof deck); a reduction to the front (north) setback from 15 feet to two feet (to pavement), a reduction to the side (east) setback from 10 feet to zero feet (to pool deck), a reduction to the side (west) setback from 10 feet to 1.5 feet (to pavement), a reduction to the rear (south) setback from 20 feet to 10 feet (to building) and zero feet (to pool deck); to allow five parking spaces to encroach within the required sight visibility triangles along Bay Esplanade; the Termination of Status of Nonconformity for density (11 existing attached dwelling units to remain where a maximum of 10 attached dwelling units would be permitted under current Code); and the Transfer of Development Rights of two dwelling units from 116 Brightwater Drive under the provisions of Sections 4-1402 and 4-1403. The CDB APPROVED the application based upon the following finding of fact and conclusions of law and conditions. Findings of Fact and Conclusions of Law: 1. That the 0.348-acre subject property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 2. That the subject property is located within the special area redevelopment plan, Beach by Design, as part of the "Old Florida" District; 3. That according to the City's occupational license records, the subject properties are currently developed with a total of 11 attached dwelling units; 4. That there are no pending Code Enforcement issues with the subject property; 5. That the proposed building height is 59.66 feet as measured from base flood elevation to roof deck; 6. That the subject property has a maximum permissible density of 10 dwelling units (30 dwelling units per acre); 7. That the development proposal is consistent with the Design Guidelines and color palette of Beach by Design and further that those colors consist of cream (SW6120) for the primary fagade, peach (SW6123) for the accents and trim, and black for the balcony railings; PRANK I11BBARD, MAYOR BILL JONSON, VICE-MAYOR JOHN DORAN, COUNCILMEMBIT HOVI' PIAMII:10N, COUNCILMEMISIT A CARLEN A. PF. PF.RSFN, COUNCILNIHNIRPR "EQUAL I:MITOYMENI' AND AFFIRMATIVE Ac ION EMPLO)TR" 8. That the development proposal is consistent with the Termination of Status of Nonconformity criteria as set forth in Section 6-109; 9. That the development proposal is consistent with the Transfer of Development Rights standards and criteria as set forth in Sections 4-1402 and 4-1403, respectively; 10. That the development proposal is consistent with the Flexible Development standards as set forth in Section 2-803; 11. That the development proposal is consistent with the Comprehensive Infill Redevelopment criteria as set forth in Section 2-803.C; and 12. That the development proposal is consistent with the General Applicability criteria as set forth in Section 3- 913.A. Conditions of Approval: 1. That prior to the issuance of any building permits all Parks and Recreation fees need to be paid; 2. That prior to the issuance of any building permits, a landscape plan is submitted that is acceptable to Planning Department staff; 3. That prior to the issuance of a Certificate of Occupancy, any/all required Transportation Impact Fees be paid; 4. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks; 5. 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, 6. That all proposed utilities (from the right-of-way to the proposed building) be placed underground. 7. That conduit for the future undergrounding of existing utilities within the abutting right-of-way is installed along the subject property's entire street frontage prior to the issuance of a Certificate of Occupancy and that the applicant's representative shall coordinate the size and number of conduits with all affected utility providers (i.e. 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 of the Community Development Board approval (by November 15, 2006); 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 the staging area is shifted to abut the adjacent drive aisle; 16. That any/all boats moored at the docks be for the exclusive use of the residents and/or guests of the condominiums and not be sub-leased separately from the condominiums; 17. That "Do Not Enter" signage is provided along both sides of the egress drive aisle; and f 18. That the proposed pond is a dry pond for water quality treatment only, and that in accordance with City design criteria the dry pond shall be grassed with slopes no greater than 4:1, and further that cross sections of the pond are provided to demonstrate compliance with these requirements. Pursuant to Community Development Code Section 4-407, an application for a building permit shall be made within one year of Flexible Development approval (by November 15, 2006). All required Certificates of Occupancy shall be obtained within two years of the date of issuance of the initial building permit. Please be advised that time frames do not change with successive owners. The Community Development Coordinator may grant an extension of time for a period not to exceed one year and only within the original period of validity. The CDB may approve one additional extension of time after the Community Development Coordinator's extension to initiate a building permit application. The issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. 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.tefftnmyclearwater.com. Sincerely, l Michael Delk, AICP Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)Vnactive or Finished Applications tBay Esplanade 657-663 -Palazzo (7) - Approved (Bay Esplanade 657 - Development Oder 03-22-06doc