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FLS2005-08060: PLT2005-00017 (2) r- C I`I'Y OF C LEARWATE R PLANNING DEPARTMENT Pos•r OFFIO, Box 4748, CI.FARWA-rF.R, FI.ORIOA 33758-4748 rw v p MUNICIPAL. SERVICNS BUILDING, 100 SOUTH MYR•r1.E AVENUE, CLFARWATER, FI.ORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 LONG RANGli PLANNING DEVIi1,0PMENT REVIEW February 13, 2007 February 21--0 Mr. E. D. Armstrone III Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757-1368 RE: Amended Development Order for Case No. FLS2005-08060/PLT2004-00017 2506 Countryside Boulevard Dear Mr. Armstrong johnse : This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On September 29, 2005, the Development Review Committee (DRC) reviewed your application for (1) Flexible Standard Development to permit 240 attached dwellings (townhomes) in the proposed Medium Density Residential (MDR) District, under the provisions of Section 2-303.A; (2) Preliminary Plat approval for 240 townhome lots (PLT2004-00017); and (3) Vacation of a utility easement. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with Attached Dwelling criteria under the provisions of Section 2-303.A; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; and 3. The proposed development is compatible with the surrounding area. Conditions of Approval: 1. That the final design and color of the buildings be consistent with the conceptual elevations submitted with this application; 2. That Units 106 and 131 - 134 be limited to a six-foot by 10-foot, covered rear patio. Evidence of this restriction, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy; 3. That the six-foot high solid wall to the rear of Units 93 - 100 and to the rear of Units 110 - 153 be finished with stucco, be painted and be maintained by the homeowner's association; 4. That existing signs for the restaurant and the golf course adjacent to Countryside Boulevard be removed prior to the issuance of the first Certificate of Occupancy; FRANK II11MARU. NIA) OR Jc>II;\ DORAN, C0( N(:iL Ie:\lBF1,' I IMT I I:u ll.'l ON, C(M NY: lAfl::>ii>r:R BILL JU\SON, Ccx ?cn_ rn.?nsi:i+ Cnri.rx A. PI:I'rltSP:N, C01 Nc u.. WMMI.R "I:QUAt. I:shLOran:N r non AFFIRMA11VH Ac•ric>N i:w i.c» I:r, February 13, 2007 Febt:uai?, 21,-,1906 Armstrong johnsen - Page 2 5. That freestanding signage meet Code provisions, be monument-style and be designed to match the exterior materials and colors of the buildings; 6. That the easement be extended to provide for an accessible route for maintenance of the ditch along Countryside and the pipe at the northeast corner of the site (suggested from Nebbiolo Road past Well #56 to easement); 7. That a note be placed on the Final Plat and within the Homeowners Association documents that the City of Clearwater's responsibility of the ditch along Countryside Boulevard will be for maintenance of flow only. All other maintenance, to include erosion, aesthetics, mowing and tree trimming, will be the sole responsibility of the Homeowners Association; 8. That all proposed utilities (from the right-of-way to the proposed building) be placed underground; 9. That, prior to the issuance of any permits, the following be shown on revised civil plan drawings: a. Eliminate the connector drive between the ends of the "Y" at the north end of Dolcetto Road. Extend/lengthen the pavement northwest for Unit 180 to allow the trash truck adequate backup, but maintaining the 22-foot north setback (homeowner will need to place their black barrel on southeast side of driveway); b. Remove the concrete pad shown on Sheet 21/35 across the street from Unit 180 and Note 1 below Section A-A; c. Extend/lengthen pavement to the end of Nebbiolo Road in front of Unit 20 to have pavement for the roadway end at an angle, maintaining the 20-foot setback indicated (homeowner will need to place their black barrel on south side of driveway or slightly in front of Unit 19); d. Remove the concrete pad shown on Sheet 18/35 across the street from Unit 17 and Note 2 to the right of Section A-A; and e. A dumpster enclosure, meeting City specifications and designed with exterior materials and colors of the principal buildings, be provided at the cabana/clubhouse, meeting a 25-foot front setback to Enterprise Road; 10. That, prior to the issuance of any permits, a Tree Preservation Plan (Plan) be provided to the Planning Department, prepared by a certified arborist, consulting arborist, landscape architect or other specialist in the field of arboriculture. This Plan must show how the proposed buildings, parking, stormwater and utilities impact the critical root zones (drip lines) of tree to be preserved and how you propose to address these impacts (ie; crown elevating, root pruning and/or root aeration systems). Other data required on this Plan must show the tree's canopy line, actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required), tree barricade detail and any other pertinent information relating to tree preservation. The Plan must especially address grade changes along the property lines adjacent to the residential uses to the west and the incorporation of existing trees into the top of bank of the retention ponds; and 11. That, prior to the issuance of building permits or the recording of the Final Plat, whichever occurs first, open space/recreation impact fees be paid. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above three conditions. The approval is based on and must adhere to the site plan and application dated received November 29, 2065. February 13, 2007 a iT-o Armstrong jeMse - Page 3 Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (February 21, 2007). All required certificates of occupancy shall be obtained within two one years of the date of issuance of the building permit. Time frames do not change with successive owners. 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. In addition, in accordance with Section 4-502.A, please be aware that an appeal of a Level One approval (Flexible Standard Development) may be initiated by the applicant or a property owner abutting the property (which is the subject of the approval) within seven days of the date the Development Order is issued. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The Community Development Board (CDB) would hear an appeal application. The appeal period for your case will expire on February 28, 2006. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner'III, at 727- 562-4504. You can access zoning for parcels within the City through our website: www.myclearwater.com. * Make Us Your Favorite! Sincerely Michael elk, P Planning Director S:IPlanning Departmen6CD BlFlex Standard (FLS)Ilnactive or Finished Cases lCountryside Blvd 2506 Costa Verde at Countryside (MDR) - Approved l Countryside 2506 FLS2005-08060. PLT2004-00017 Development Order Amended 2.13.07. doc s- Z as it LONG RANGE PLANNING DI--wi,oPMrNT RFVIrW 1 CITY OF C LEARWATE R PLANNING DEPARTMENT POST OFFICE, Box 4748, &FARWATH, FI.ORIDA 33758-4748 MUNICIPAL. SRRVICi:s BUILDING, 100 SOUTH MYRTm Aw-NUE, CLFARWATER, FLORIDA 33756 ,rELEPHONr (727) 562-4567 FAx (727) 562-4865 February 13, 2007 FcN _ 1 2006 Mr. E. D. Armstronl? III Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757-1368 RE: Amended Development Order for Case No. FLS2005-08060/PLT2004-00017 2506 Countryside Boulevard Dear Mr. Armstrong johnsen: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On September 29, 2005, the Development Review Committee (DRC) reviewed your application for (1) Flexible Standard Development to permit 240 attached dwellings (townhomes) in the proposed Medium Density Residential (MDR) District, under the provisions of Section 2-303.A; (2) Preliminary Plat approval for 240 townhome lots (PLT2004-00017); and (3) Vacation of a utility easement. The DRC recommended approval of the application with the following bases and conditions: Bases for Approval: 1. The proposal complies with Attached Dwelling criteria under the provisions of Section 2-303.A; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; and 3. The proposed development is compatible with the surrounding area. Conditions of Approval: 1. That the final design and color of the buildings be consistent with the conceptual elevations submitted with this application; 2. That Units 106 and 131 - 134 be limited to a six-foot by 10-foot, covered rear patio. Evidence of this restriction, embodied in condominium documents, homeowner's documents, deed restrictions or like forms, shall be submitted to the Planning Department prior to the issuance of the first Certificate of Occupancy; 3. That the six-foot high solid wall to the rear of Units 93 - 100 and to the rear of Units 110 - 153 be finished with stucco, be painted and be maintained by the homeowner's association; 4. That existing signs for the restaurant and the golf course adjacent to Countryside Boulevard be removed prior to the issuance of the first Certificate of Occupancy; FRANK I Ill BAN[), MA) OR Jomx DoR:\N, Coi ,?(:n.,?n=.,wsra< 110)1 11AM11.1ON, Cot?NC AIDIRh:R BILL JoNSON, Cot n(auli:suss=.R ® A. PrlliNS1:N, Cot WILMI:MBIT. "IIQHAL 1:,%1111.O)Afl?N I AND Ari:iRNIArnF: A(`f K)N EMPLOYER" February 13, 2007 Febnaary 21, 6 Armstrong johnse -Page 2 5. That freestanding signage meet Code provisions, be monument-style and be designed to match the exterior materials and colors of the buildings; 6. That the easement be extended to provide for an accessible route for maintenance of the ditch along Countryside and the pipe at the northeast corner of the site (suggested from Nebbiolo Road past Well #56 to easement); 7. That a note be placed on the Final Plat and within the Homeowners Association documents that the City of Clearwater's responsibility of the ditch along Countryside Boulevard will be for maintenance of flow only. All other maintenance, to include erosion, aesthetics, mowing and tree trimming, will be the sole responsibility of the Homeowners Association; 8. That all proposed utilities (from the right-of-way to the proposed building) be placed underground; 9. That, prior to the issuance of any permits, the following be shown on revised civil plan drawings: a. Eliminate the connector drive between the ends of the "Y" at the north end of Dolcetto Road. Extend/lengthen the pavement northwest for Unit 180 to allow the trash truck adequate backup, but maintaining the 22-foot north setback (homeowner will need to place their black barrel on southeast side of driveway); b. Remove the concrete pad shown on Sheet 21/35 across the street from Unit 180 and Note 1 below Section A-A; c. Extend/lengthen pavement to the end of Nebbiolo Road in front of Unit 20 to have pavement for the roadway end at an angle, maintaining the 20-foot setback indicated (homeowner will need to place their black barrel on south side of driveway or slightly in front of Unit 19); d. Remove the concrete pad shown on Sheet 18/35 across the street from Unit 17 and Note 2 to the right of Section A-A; and e. A dumpster enclosure, meeting City specifications and designed with exterior materials and colors of the principal buildings, be provided at the cabana/clubhouse, meeting a 25-foot front setback to Enterprise Road; 10. That, prior to the issuance of any permits, a Tree Preservation Plan (Plan) be provided to the Planning Department, prepared by a certified arborist, consulting arborist, landscape architect or other specialist in the field of arboriculture. This Plan must show how the proposed buildings, parking, stormwater and utilities impact the critical root zones (drip lines) of tree to be preserved and how you propose to address these impacts (ie; crown elevating, root pruning and/or root aeration systems). Other data required on this Plan must show the tree's canopy line, actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required), tree barricade detail and any other pertinent information relating to tree preservation. The Plan must especially address grade changes along the property lines adjacent to the residential uses to the west and the incorporation of existing trees into the top of bank of the retention ponds; and 11. That, prior to the issuance of building permits or the recording of the Final Plat, whichever occurs first, open space/recreation impact fees be paid. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above three conditions. The approval is based on and must adhere to the site plan and application dated received November 29, 2005. 0 -4 February 13, 2007 FebrdaiFy 0 '"w Armstrong johnse n - Page 3 Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (February 21, 2007). All required certificates of occupancy shall be obtained within two one years of the date of issuance of the building permit. Time frames do not change with successive owners. 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. In addition, in accordance with Section 4-502.A, please be aware that an appeal of a Level One approval (Flexible Standard Development) may be initiated by the applicant or a property owner abutting the property (which is the subject of the approval) within seven days of the date the Development Order is issued. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The Community Development Board (CDB) would hear an appeal application. The appeal period for your case will expire on February 28, 2006. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727- 562-4504. You can access zoning for parcels within the City through our website: www.myclearwater.com. * Make Us Your Favorite! 0 Sincerely, Michael elk, P Planning Director S. IPlanning DepartmentlC D BIFlex Standard (FLS)Ilnactive or Finished Cases lCountryside Blvd 2506 Costa Verde at Countryside (MDR) - Approved I Countryside 1506 FLS2005-08060. PLT2004-00017 Development Order Amended 2.13.07. doc