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FLS2003-10053 Revised 12/4/03 ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, December 4, 2003 9:00 a.m. Staff Review 9:30 a.m. Case: FLS2003-05018 - 717 - 725 Bayview Avenue ***resubmittal Owner/Applicant: Our Lady of Divine Providence House of Prayer, Inc. Jeffery Denny (Florida Design Consultants), Inc., 727-549-7588, fax: 727-848-3648). Location: 3.08-acres located on the east side of Bayview Avenue, approximately 800 feet south of Gulf- To-Bay Boulevard. Atlas Page: 301A. Zoning: I, Institutional District. Request: Flexible Standard Development approval to reduce the front (west) setback from 25 feet to 19 feet to grass parking, reduce the rear (east) setback from 20 feet to 15 feet to walkway, and reduce the required number of on-site parking from 125 spaces to 88 on-site plus 48 off-site spaces, under the provisions of Section 2-1203.1. Proposed Use: A 40,245 square foot place of worship and associated site work. Neighborhood Association: Historic Bayview Neighbors (Pres. Jack Alvord, 606 Bayview Ave., Clearwater, FL 33759). Presenter: John Schodtler, Development Review Specialist. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson and John Schodtler. Applicant/Representa tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) A 2% Open Space dedication assessment is required since the building expansion is over 50% but less than 100%. Based on the information provided on the revised site data table, the existing building coverage on this 6.21-acre site totals 15,431 s.f. and the proposed building coverage totals 24,624 s.f. Open Space impact fees are based on the site currently under review. A Unity of Title does not factor into this assessment. Contact Deb Richter at 727-562-4817. 2. Stormwater: a) No comments. 3. Traffic Enl!:ineerinl!:: a) Sight Visibility Triangles are shown incorrectly on Sheets 3 and 5. The bases of the triangles must be along the property line instead of along the curb. (Devel. Code Section 3-904) 4. General Enl!:ineerinl!:: a) Sidewalk waiver $ b) Need separate taps for fire line and domestic meter. c) Dip needed for fire line. Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 1 d) Fire hydrant cannot be installed on a restricted line. e) ALL OF THE ABOVE TO BE ADDRESSED PRIOR TO DO. 5. Plannin!!: a) Need copy of survey and legal description of 702 Bayview Ave. if connected with subject property with a unity of title. At first DRC meeting it was discussed that 702 Bayview would be joined with a unity of title. The resubmittal does not indicate this. What is going to happen to 702 Bayview? b) Removal existing six-foot chain link fence located in front of725 Bayview Avenue. c) Need signage plan, showing intended freestanding and attached signs (dimensioned and in color) - must respect five-foot setback requirement and remain out of sight triangles. d) Are the 48 off site parking spaces shared or in excess of what is required for the place of worship located at 702 Bayview Ave. - need details about number of seats in each sanctuary, hours of operation, etc e) Six-foot high wall located at northwest comer of property must meet the site visibility triangle established by the adjacent neighbors driveway. f) Six foot high wall prohibited in waterfront site visibility triangle at the southeast comer of property. g) Architectural Site Plan does not match Civil Site plans. Poustina's shown in different locations. h) Need dimensions on the poustina elevation/floor plan (page A-I). Needed to confirm square footage and building height. i) Need building elevations to indicate maximum build height. Just one elevation will be fine. 6. Solid Waste: a) The one Black barrel at 702 Bayview will not be able to handle the additional solid waste generated. Will require Dumpster service. 7. Land Resources: a) Provide a Tree Preservation Plan prepared by a Certified Arborist. This plan must show how the proposed building, parking, stormwater and utilities impact the critical root zones (drip lines) and how you propose to address these impacts i.e.; crown elevating, root pruning and/or root aeration systems. Other data required on this plan must show actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required), and the tree barricade detail. And any other pertinent information relating to tree preservation before Building Permit. 8. Fire: a) Is this an assembly? A fire alarm system may be required and installed according to NFP A 72. 9. Environmental: a) 1. Pond requires planting of littoral zone of at least 35 percentage of the area of the pond and no steeper than 6:1 slope at normal pool elevation. LOCATION OK FOR LITTORAL ZONE, HOWEVER TYPE OF PLANT SPECIES DETAILS REQUIRED b) ALL SEPTIC TANKS MUST BE ABANDONED, STATE LAW REQUIRES SEPTIC TANKS TO BE ABANDONED IF SEWER SERVICE IS AVAILABLE, AND GRAVITY FED FEASIBLE, IF NOT DEMONSTRATE IMPOSSIBILITY-NEED PRIOR TO D.O. c) IS THE SEAWALL GOING TO BE CAPPED? NEED DETAILS 10. Community Response: a) No Comments 11. Landscapin!!: a) No comments. NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 2 10:10 a.m. Case: FLS2003-10049 - 717 Bay Esplanade Owner: Di-Lin Investments, 717 Bay Esplanade, Clearwater, FL 33767; telephone: 727-776-8906 Applicant: Mr. Gilbert Montgomery, 4401 Log Cabin Drive, Lake1and, FL 33810; telephone: 727-430- 7560 Location: 0.15 acres located on the east side of Bay Esplanade approximately 100 feet south of Aster Street. Atlas Page: 258A. Zoning: LMDR, Low Medium Density Residential District. Request: Flexible Standard Development approval for reduction to the front (west) setback from 25 feet to 20 feet to a proposed garage addition in association with a single-family residence located at 717 Bay Esplanade, under the provisions of Section 2-203.B. Proposed Use: Single Family Residence. Neighborhood Association: President, David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; telephone: 446-5801, dmacnav@att.net Presenter: John Schodtler, Development Review Specialist. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson and John Schodtler. Applicant/Represen ta tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No Comments 2. Stormwater: a) No Comments 3. Traffic En!!:ineerin!!:: a) No Comments 4. General En!!:ineerin!!:: a) No Comments 5. Plannin!!:: a) No Comments 6. Solid Waste: a) No Comments 7. Land Resources: a) No Comments 8. Fire: a) No Comments 9. Environmental: a) No Comments 10. Community Response: a) No Comments 11. Landscapin!!:: a) No Comments NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 3 10:20 a.m. Case: FLS2003-1 0050 - 727 Bay Esplanade Owner: Mr. & Mrs. Michael Galasso, 727 Bay Esplanade, Clearwater, FL 33767; Telephone:727-441- 4209 Applicant: Mr. Gilbert Montgomery, 4401 Log Cabin Drive, Lakeland, FL 33810; telephone: 727-430- 7560 Location: 0.15 acres located at the intersection of Bay Esplanade and Aster Street. Atlas Page: 249A. Zoning: LMDR, Low Medium Density Residential District. Request: Flexible Standard Development approval for reduction to the front (west) setback from 25 feet to 20 feet and front (north) setback from 25 feet to 2 feet to a proposed garage addition, as a residential infill project in association with a single-family residence located at 727 Bay Esplanade, under the provisions of Section 2-203.C. Proposed Use: Single Family Residence. Neighborhood Association: President, David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; telephone: 446-5801, dmacnav@att.net Presenter: John Schodtler, Development Review Specialist. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson, Rick Albee and John Schodtler. ApplicantlRepresen ta tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No Comments 2. Stormwater: a) No Comments 3. Traffic En2:ineerin2:: a) No Comments 4. General En2:ineerin2:: a) Condition for D.O.: Remove sidewalk and fence within the right-of-way of Aster Place prior to permitting. ~~. bj Need to install a permanent surface for access to new garage 5. Plannin2:: a) No Comments 6. Solid Waste: a) No Comments 7. Land Resources: a) Need a tree survey prior to building permit. 8. Fire: a) No Comments 9. Environmental: a) No Comments 10. Community Response: a) No Comments 11. Landscapin2:: a) No Comments NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 4 10:30 a.m. Case: FLS2003-10051 - 2906 Wildwood Drive Owner/Applicant: Herbert and Janette Sixbury (2906 Wildwood Drive, Clearwater, FL, 33761; phone: 727 -725-1082; fax: 727-725-5082). Location: 0.44 acres located on north side of Wildwood Drive, approximately 200 feet east of W oodview Court. Atlas Page: 211E. Zoning: LDR, Low Density Residential District. Request: Flexib~ ~taflda.J Developmeiinl.pprovatto.pertnit areauetlonirrthe-side-(-eastr'Setback from 13- feet to 8 feet (to pool screen enclosure) in association with a detached dwelling, under the provisions of Section 2-103.A. Proposed Use: Pool screen enclosure. Neighborhood Association: Oak Forest and Wildwood Homeowners Association Attn: John Scott (2785 Capwood Lane Clearwater, FL 33761; phone: 796-4611). Presenter: Bryan Berry, Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson and Rick Albee. Applicant/Represen tative: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No Comments. 2. Stormwater: a) No Comments 3. Traffic Enl!ineerinl!: a) No Comments 4. General Enl!ineerinl!: a) No Comments 5. Planninl!: a) Adjacent and neighboring property surveys do not reveal an established reduction in the side setback. b) A modification to the proposed site plan will allow for the additional 2-foot extension and still maintain the current lO-foot setback. 6. Solid Waste: a) No Comments 7. Land Resources: a) No Comments 8. Fire: a) No Comments 9. Environmental: a) No Comments 10. Community Response: a) No Comments 11. Landscapinl!: a) No Comments NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 5 10:40 a.m. Case: FLS2003-10052 - 333 Midway Island Owner/Applicant: Charles and Judy Melges (333 Midway Island, Clearwater, FL, 33767; phone: 727- 447-5324; fax: 727-442-6523). Location: 0.22 acres located on the east side of Midway Island, approximately 1,800 feet north of Windward Passage. Atlas Page: 21lB. Zoning: IEOD, Island Estates Overlay District; LMDR, Low Medium Density Residential District. Request: Flexible Standard Development to permit a six foot solid wooden fence along the side (south) property line at 333 Midway Island and terminating eight feet from the rear (southeast) property line within the waterfront sight visibility triangle, as a Residential Intill Project, under the provisions of Section 2- 1602.E.2 Proposed Use: Six-foot wooden fence within the waterfront sight visibility triangle. Neighborhood Association: Island Estates Civic Association Attn: John Bosmosky (PO Box 3154 Clearwater, FL 33767; phone: 461-7037). Presenter: Bryan Berry, Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson and Rick Albee. Applican tlRepresenta tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No Comments 2. Stormwater: a) No Comments 3. Traffic En1!ineerilll!: a) No Comments 4. General En1!ineerin1!: a) No Comments 5. Plannin1!: a) The proposed application is not in compliance with the Island Estates Neighborhood Plan objective to preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. b) Section 3-904.B of the Community Development Code states, "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 fences not exceeding 36 inches, in the 45 degree angle formed by ten feet back from the property line on the water and along the side property line." 6. Solid Waste: a) No Comments 7. Land Resources: a) No Comments 8. Fire: a) No Comments 9. Environmental: a) No Comments 10. Community Response: a) No Comments 11. Landscapin1!: a) No Comments NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 6 11:00 a.m. ) Case: FLS2003-10053 - 123 Bayside Drive Owner/Applicant: Mr. & Mrs. Marvin Feldman, 123 Bayside Drive, Clearwater, FL 33767; telephone: 727 -515-6954; email: Ifeldman@onicon.com Location: 0.33 acres located on the south side of Bays ide Drive, approximately 400 feet east of Hamden Drive. Atlas Page: 276A. Zoning: LMDR, Low Medium Density Residential District. Request: Flexible Standard approval f, . t" " bakoB;' andw increase the maximum building height from 30 feet to feet in association with a proposed single-family residence located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2-203.C. Proposed Use: Single Family Residential. Neighborhood Association: President, David MacNamee, 827 Mandalay Ave., Clearwater, FL 33767; telephone: 446-5801, dmacnav@att.net Presenter: John Schodtler, Development Review Specialist. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson, Rick Albee and John Schodtler. Applicant/Represen ta tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No comment since replacing an existing single-family residence. 2. Stormwater: a) No comments. Traffic Enl!:ineerinl!:: a) Will this property be gated? If so show us some details of the gate. Address prior to CDB. General Enl!:ineerinl!:: a) No Comments 5. Planninl!:: a) ~ication request to "review the roof design to verify that it satisfies the intent of the code restricting the heIght to 30'. II ....allftOt- ed throughout this application. I believe that the request should have been to request that the height of the bui mg e the require 30' maximum in the LMDR zoning district. . in Hei ht has not been shown correctly. We need to have dimensioned on the plans the building height measure .. of the cuppola. c) Do not understand what is going on with windows 0 vation. It appears that they are running though the first floor. Please explain. Perhaps providing a floor p an 0 t living floor would help. 6. Solid Waste: a) No comments. ~. \Ic. Land Resources: ~~ a) Show the canopy of the Ficus tree on all plans and address how, if any, conflicts will be addressed . ~building pe~ 8. Fire: ,l~ 4. NOTES: b) a) No comments. 9. Environmental: a) No comments. 10. Community Response: a) No Comments 11. Landscapinl!:: a)~ Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 7 11:15 a.m. Case: FLD2003-10056 - 628 Cleveland Street Owner/Applicant: CRA, Tone 40, Ltd.lStation Square, LLC. Representative: Brian Murphy, Beck Development, LLe. (5100 West Kennedy Boulevard, Suite 251, Tampa, FL 33609; phone: 813-387-5336; fax: 813-288-0188; cell: 813-918-2305; email: brianmurphy(a)beckgroup. com). Location: 0.97 acres located on the north side of Cleveland Street, approximately 500 feet west of North Myrtle Avenue. Atlas Page: 286B. Zoning: D, Downtown District. Request: Flexible Development approval to permit a mixed-use development and a building within the required sight visibility triangles, a reduction of the required number of parking spaces from 388 spaces to 226 spaces, an increase of the permitted height from 30 feet to 158 feet and an increase of the permitted density from 61 dwelling units to 146 dwelling units by using 85 dwelling units from the Clearwater Downtown Redevelopment Plan area density pool, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-903. C and a Comprehensive Landscape Program to eliminate the requirement to provide foundation plantings, under the provisions of Section 3-1202. G. Proposed Use: The proposal includes a mixed-use development with 146 attached dwellings, 5,096 square feet of retail sales and service and 9,904 square feet of restaurant within a building 158 feet in height. Neighborhood Associations: None. Presenter: Mark T. Parry, Planner. Attendees included: City Staff (tentative): Frank Gerlock (planning), Bryan Berry (planning), Scott Rice (engineering - traffic, general engineering and stormwater), Tom Glenn (solid waste), Duanne Anderson (fire), Arden Dittmer (landscaping), Rick Albee (land resources) and Mark Parry (planning/presenter). Applicant/Representative (tentative): Brian Murphy The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) Exempt from Open Space/Recreation Impact Fees since located in the downtown redevelopment area. 2. Stormwater: a) Payment in lieu must be received prior to Building Permit. b) The following items must be addressed prior to Building Permit: ~ Show where water quality will be provided. ~ SWFWMD permit or letter of exemption. ~ Water quality storage must recover within 24 hours. 3. Traffic Eneineerine: a) Site plan must include dimensions for drive aisles. Show current city standard regular parking stall, handicapped parking stall, handicapped fine sign, and drive aisles. b) Will this be gated? If so show location of the console. Also there must be enough room for stacking of three cars on the property. Vehicles must not obstruct Laura Street. c) Show vertical clearance for parking garage. d) Provide sidewalk along Laura Street; e) Handicap parking aisles must be free of obstructions. Columns are shown in the aisles for spaces 42 and 43 on Level #2 (Sheet#A-I.2). f) All of the above to be addressed prior to CDB. g) Traffic Impact Fees to be determined and paid prior to e.O. 4. General Enl!ineerinl!: a) Clarify how will loading and off loading of deliveries be addressed? b) Clarify how the public parking spaces will be controlled and reserved for the general public? How will residents be kept out of this area? . 5. Planninl!: The following items to be addressed prior to CDB review: a) Confirm the number of proposed dwelling units. The applications lists 146 units where the site plan data table lists 145 units; b) Provide all math confirming that this proj ect requires 84 dwelling units from the density pool; Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 8 c) Provide the gross floor area of the building. The data table has a figure of 34,090 square feet. If that is the gross floor area label as such; d) Provide the square footage of the footprint; e) Adjust your date table to reflect accurate parking requirements as follows: f) 9,904 square feet of restaurant at 15 spaces per 1,000 square feet ofGFA = 149 required spaces not 157 spaces; g) 5,096 square feet of retail sales and service at four spaces per 1,000 square feet of GFA = 20 required spaces not 18 spaces; h) Total = 219 spaces (based on 146 dwelling units) + 149 spaces + 20 spaces = 388 spaces required. i) Provide the existing number of parking spaces; j) Clarify the size of the site: 0.97 acres equals 42,253 square feet not 42,365 square feet as listed on the application and site plan; k) It is not clear what the parking demand study shows - this needs to be clarified. In other words outline more fully the concept of "internal capture"; 1) Indicate all outdoor lighting fixtures on the site plan; m) Indicate the sidewalk on the north side of the site along Laura Street; n) Provide existing FAR; 0) Provide existing ISR; p) Accurately portray the sight visibility triangles along the property line; q) Clarify/confirm that all proposed signage (or at least the space in which they will be located) has been accurately portrayed (indicate dimensions); and r) Indicate built-in planters along the outside of the parking garage levels to further soften the exterior of the building (see landscape comment for full details). All vehicles need to be screened from view and the cables are not sufficient nor do they meet the intent of the Downtown Plan or the Design Guidelines (currently under development). Ifplanters are not possible then decorative grill may be acceptable; s) Indicate landscaping along the east side of the building (see landscape comment for full details); t) Provide the number of seats to be included in the outdoor seating area; u) It appears that columns are in the handicap aisles - this is not permitted so the handicap spaces will need to be either relocated or redesigned; v) Provide the anticipated pricing of the various types of units available; w) Clarify that the project is meeting all building codes with regards to required percentage of open space for the parking garage (for ventilation); x) Clarify who or what "CRA" is as listed on the application (Community Redevelopment Agency?); y) Provide building material samples or at least photos (include paint chips of all colors to be used); z) How are the restaurant and retail spaces accessed from the Cleveland Street?; and aa) How many jobs will be generated by the proposal? 6. Solid Waste: a) There will not be enough room to service compactor - shorten the traffic divider in front to give a straight shot at the compactor. 7. Land Resources: a) Show all trees on and within 25' ofthe property on all plans prior to CDB. 8. Fire: a) Ensure that the codes used for this project reflect adherence with the following before BCP permitting: - 2001 Florida Building Code - 2001 Florida Building Code - Mechanical - 2001 Florida Building Code - Plumbing - 2001 Florida Building Code - Fuel Gas Code - 2001 Florida Fire Prevention Code - National Electric Code 1999 (NFPA 70) -City of Clearwater Community Development Code, amended 2000, ordinance # 6526-00. b) Ensure adherence with Chapter 11.8 (high-rise buildings) of NFP A 101 Life Safety Code 2000 Edition; c) Ensure that that the fire alarm system is installed in accordance with NFP A 72 1999 edition, and equipped with pre-recorded voice evacuation; Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 9 d) Ensure hood is installed, in accordance with NFP A 96, by a licensed mechanical contractor under separate permit with shop drawings; e) Hood suppression system to be installed as per NFP A -17 a, by a licensed hood suppression contractor with a separate permit and shop drawings; f) Hood suppression system shall be interfaced with building fire alarm system so that when hood suppression system activates the building's fire alarm system also activates; g) Fire department connection needs to be located at minimum of 15 feet away from the building within 40 feet of the fire hydrant; h) Fire department connections shall be identified by a sign that states "no parking, fire department connection" and shall be designed in accordance with Florida Department of Transportation standards for information signage; i) Fire protection appliances (fire department connection (fdc) shall maintain a clearance on and 1/2 , feet in front and to the sides of appliance; j) Clearances of 71/2' ft in front of and to the sides of the fire hydrant, with a 4' ft clearance to the rear of the hydrant are required; k) Temporary fdc connected to dry standpipe must be installed prior to building reaching 50 ft in height (for buildings under construction); and 1) Fire sprinkler system is to be installed in accordance with NFP A 13 1999 edition. Fire sprinkler system to be installed by licensed fire sprinkler contractor under separate permit with shop drawings. Fire sprinkler documents that contain 50 or more sprinkler heads shall be signed and sealed by a professional engineer as per 471.025 Florida statutes. 9. Environmental: a) No Comments 10. Communitv Response: a) No comments as of November 17, 2003. 11. Landscapin2:: a) Irrigation must meet the City Code per Section 3-1203.C., adjust plans to show 100% coverage, rain sensor, automatic timer, etc.; b) Area to the east of the building may have plantings installed since there is approximately the same area as the one indicated on the west side of the building; and c) Recommend putting planters instead of cables at parking levels with a cascading plant material (i.e. Protasparagus densiflorus {asparagus springeri fern}, Mandevilla x amoena 'Alice du Pont', or Hedera helix). Something that will add color and texture to the parking areas will enhance the curb appeal of the building. NOTES: 1. In order to be placed on the January 20, 2004 CDB agenda (provided that a second DRC meeting is not required, see note #2 below), 15 sets of the revised submittal package must be submitted to Staff on or before noon on December 11, 2003. Packets shall be collated, folded and stapled as appropriate. Submissions not appropriately organized shall be deemed to be insufficient and returned to the applicant. 2. These comments are being sent to the applicant's representative, Brian Murphy on Monday, November 17,2003 (13 days in advance of the DRC meeting) at approximately 10:00 a.m. for the applicant's convenience. Additional comments may be generated at the DRC meeting on Thursday, December 4, 2003. In addition, should significant changes to the proposal be required to be made by the applicant the application may be subsequently be required to be reviewed at a second DRC meeting prior to being reviewed by the CDB. DRAFT DEVELOPMENT ORDER CONDITIONS: 1. That all signage meet the requirements of Code and be architecturally-integrated with the design of the building with regards to color, materials and finish; 2. That no freestanding signs of any kind be permitted on the site; 3. That a final sign package be submitted to and approved by Staff prior to the issuance of any permits which shows: a) All signs fully dimensioned and coordinated in terms of including the same color and font style and size; and b) That all signs be constructed of the highest quality materials which are coordinated with the colors, materials and architectural style of the building; 4. That signage be limited to signs on the canopies OR attached directly to the building; Development Review Committee Action Agenda - Thursday, December 4,2003 - Page 10 5. That all vehicles be completely screened from view from all sides of the subject site; 6. That the furniture used for the outdoor seating component of the restaurant will be of the highest quality and that no signage of any kind will be included on any portion of the furniture including but not limited to the chairs, tables, planters and/or umbrellas; 7. That a Transportation Impact Fee be paid prior to the issuance of a Certificate of Occupancy; 8. That all Fire Department requirements be met prior to the issuance of any permits; 9. That payment in lieu of stormwater facilities by paid prior to the issuance of any permits; 10. That a final landscape which matches and complements the landscaping proposed for the Station Square Park redevelopment the Streetscaping Plan be submitted to and approved by Staff prior to the issuance of any permits; 11. That retail uses be limited to: a) Retail establishments that sell or lease goods directly to the consumer (i.e. book store, gift shops, antique store, florist, clothing store, video store, etc.); b) Art Galleries; c) Gourmet grocery stores with accessory sales of alcoholic beverages. The gourmet grocery store may also include prepared food for off-site consumption; d) Restaurants with accessory sales of alcoholic beverages; and e) Sidewalk cafes as accessory to the principal retail uses. 12. That the following uses be prohibited: a) All uses prohibited by the Clearwater Downtown Redevelopment Plan; b) All other retail uses not specifically identified above, pursuant to the Community Development Code's definition of retail sales and service; c) Nightclub/Bar; d) Alcoholic Beverage Package Store; e) Medical or Veterinary offices; and f) Any other use determined by the Community Development Coordinator not to share the characteristics of "allowable retail uses". 13. That the developer shall actively market and use his/her best efforts to obtain tenants for the first floor retail space as one or more of the allowable retail uses described above; 14. That should the developer be unable to obtain an allowable retail use as described above within one year of issuance of the temporary Certificate of Occupancy for the retail space, the City may allow, upon written request of the developer, one of more of the following alternate uses to occupy the first floor retail space of the building: a) Tailor/seamstress; b) Dry cleaners; c) Financial Institution; d) Business office other than medical or veterinary office; and e) Personal services. 15. That whenever an alternate use tenant vacates the retail space, the developer or designee shall use his/her best efforts to re-establish the retail space with an allowable use as defined in condition number 10 above; and 16. That construction be commenced within one year of closing. LUNCH Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 11 1 :00 p.m. Case: FLD2003-10055 - 2005 Gulf to Bay Boulevard Owner/Applicant: Roma Square, Inc. Representative: Robert Pergolizzi, AICP, Gulf Coast Consulting, Inc. (13630 58th Street North, Suite 110, Clearwater, FL 33760; phone: 727-524-1818; fax: 727-524-6090; email: pergo(c[)gulfcoastconsul tinginc. com). Location: 1.98 acres located on the south side of Gulf to Bay Boulevard at the intersection with Hercules Avenue. Atlas Page: 298B. Zoning: C, Commercial District. Request: Flexible Development approval (1) to permit a problematic use in the Commercial District with a reduction of the front (north) setback along Gulf to Bay Boulevard from 25 feet to 7.8 feet (to existing pavement), a reduction of the front (west) setback along Hercules Avenue from 25 feet to zero feet (to existing pavement), reductions of the front (south setback along Rogers Street from 25 feet to one foot (to existing building) and from 25 feet to zero feet (to existing pavement), reductions of the side (east) setback from 10 feet to one foot (to existing building) and from 10 feet to zero feet (to existing pavement), a deviation to locate contiguous to a residentially zoned parcel, a deviation to locate within a building which does not meet all of the current land development regulations and building regulations and a reduction of required parking from five spaces per 1,000 square feet (114 spaces) to 3.97 spaces per 1,000 square feet (90 spaces), as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.L and (2) to permit a reduction of the landscape buffer along Gulf to Bay Boulevard (north) from 15 feet to 7.8 feet (to existing pavement), a reduction of the landscape buffer along Hercules Avenue (west) from 10 feet to zero feet (to existing pavement), a reduction of the landscape buffer along Rogers Street (south) from 10 feet to one foot (to existing building) and from 10 feet to zero feet (to existing pavement) and a reduction of the landscape buffer along the east property line from five feet to one foot (to existing building) and from five feet to zero feet (to existing pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G. Proposed Use: Problematic use (check cashing). Neighborhood Association: Skycrest Association (Elizabeth France, 1629 Cleveland Street, Clearwater, FL 33756; phone: 727-442-5856; email: eaf5054(Q~earthlink.net). Presenter: Wayne M. Wells, AICP, Senior Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson, Rick Albee and Wayne Wells. Applican t/Represen ta tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) No comment since no change to building coverage. 2. Stormwater: a) No comments. 3. Traffic Enl!:ineerilll!: a) Remove first two driveways immediately east of the SR60 and Hercules Avenue intersection to improve Level of Service along Gulf To Bay Blvd. and provide more connection spacing between a driveway and traffic signal (min. 125'.) See Section 3-102 D. Community Development Code. b) Provide more parking utilizing the added space gained from the removal of the two driveways. c) Three consecutive driveways along Hercules A venue results in safety concerns for the many conflict points. This portion of the parking area needs to be redesigned to minimize conflict points. This could provide more parking spaces that comply with the parking stall standards. d) All Handicapped stalls must comply with the current City standards i.e. there must not be any obstacles in the 5'xI9' handicapped aisle such as ramps. Handicapped aisle must be flush with sidewalk and ramp must start at the wings of the sidewalk as shown on the City details. e) All removed driveways must match existing curbs and sidewalks. f) A minimum of four handicap parking spaces must be provided for the current number of parking spaces. g) Compact parking not acceptable for required parking calculations. h) Show 20' x20' sight visibility triangles for driveway on Rogers Street. i) Show loading zone exclusive of parking spaces and drive aisles. Development Review Committee Action Agenda - Thursday, December 4,2003 - Page 12 j) All of the above must be submitted prior to CDB. k) Prior to building permit, submit a FDOT permit for construction along State right of way and adhere to their conditions. 4. General Enl?:ineerinl?:: a) No comments. 5. Planninl?:: a) Revise the application to include all of the requests listed above, including these requests in the responses to the General Applicability and Comprehensive Infill Redevelopment Project criteria. b) It is strongly suggested to include a narrative as part of the application that explains the primary reason for the request (problematic use), how Ace America's Cash Express (Ace) will expand its present square footage to include the existing R & W Pawn Shop tenant space (thereby eliminating an existing problematic use) and the time frame as to when R & W Pawn Shop will close and Ace will take over that tenant space (submitting for and obtaining a building permit for combining the two tenant spaces and completion of the renovation and obtaining a Certificate of Occupancy). Since Ace has illegally occupied this present location since November 2000 and there has been longstanding Code enforcement action, it is further suggested that these time frames be very short. c) Revise the application to include all Parcel Numbers for the property: 13/29/15/57690/000/0010 13/29/15/57690/000/0030 13/29/15/57690/000/0060 13/29/15/57690/000/0080 13/29/15/57690/000/0090 13/29/15/57690/000/0110 d) To improve the level of service of Gulf to Bay Boulevard, improve vehicular safety and increase provided parking, remove two of the existing driveways on Gulf to Bay Boulevard (suggested to retain the easternmost driveway). e) Provide the width of all proposed landscape islands. Section 3-1202.E.l provides that interior landscape islands must be a minimum of 150 square feet in area and eight feet wide inside curbing. f) To improve parking lot design and make the landscape plan more cohesive, it is recommended to eliminate the existing raised planter adjacent to Gulf to Bay Boulevard (close to Hercules Avenue). g) The existing main shopping center driveway on Hercules Avenue is not dimensioned, but scales at approximately 39 feet wide. Recommend reducing this driveway down closer to or at 24 feet wide to gain parking and/or interior landscaping, while not compromising traffic flow. h) Either pave the existing unpaved employee parking for the daycare to City Code or remove parking from the area shown adjacent to Hercules Avenue. Provide protection to the landscape area within this area, acceptable to the Planning Department, and to the landscape area at the northeast comer of Hercules A venue and Rogers Street. i) Provide handicap parking access to the daycare center (may be via a sidewalk from the adjacent handicap parking space and walk aisle directly north of the daycare). j) Based on the photographs and survey submitted, there is an inconsistency between the two as it relates to the rear parking area in the southeast portion of the site. The survey notes the majority of this area to be gravel (survey dated June 4, 1998, and revised on September 18, 2003), yet the photographs indicate this area to be paved. Advise/revise survey. k) Dimension the width of the driveway on Rogers Street. 1) Install sidewalks along Rogers Street for the street frontages where no sidewalk exists today. Remove all excess pavement from the right-of-way. m) There is no improvement proposed to the parking area in the southeast portion of the site. It is recommended to revise this parking area to provide landscape areas in accordance with Code provisions (or ask for reductions where necessary), including improvements to traffic flow, number of parking spaces, landscape buffers, interior landscaping, loading space and dumpster(s) enclosure(s). n) Based on the photographs submitted, remove the existing chain link fencing within the front setback along Rogers Street for the parking area in the southeast portion of the site. With landscape buffer improvement along the east property line, it may also be possible to remove the existing chain link fence along the east property line. 0) It is unclear the reason for the diagonally striped areas within the parking area in the southeast portion of the site. Advise/revise. p) For 90 provided parking spaces, four handicap parking spaces are required to be provided. Proper handicap ramp access is also required to be installed. q) Section 3-1202.E.l requires interior landscape islands to be installed so that in most cases there are no more than 10 spaces in a row (although there is flexibility with staff to allow up to 15 spaces in Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 13 a row). There are 27 parking spaces in the row adjacent to the north side of the shopping center building. Break up the parking with a landscape island (minimum eight feet wide inside curbing). r) Provide sign package. Show the location of existing/proposed freestanding signage, including the existing/proposed setback from the property line(s), and provide the height, area and color of existing/proposed signage. Include any proposed attached signage. The Comprehensive Sign Program may be utilized to retain/modify existing signage. s) Section 6-104.A for nonconforming signs states that "In the event a building permit is required for the redevelopment of a principal use/structure, or a principal use/structure is vacant for a period of 180 days, signs on the parcel proposed for development shall be brought into compliance by obtaining a level one approval in accordance with the provisions of Article 4, Division 3." A building permit will be required for interior remodeling to combine the two tenant spaces for R & W Pawn and Ace America Cash Express. Additionally, a building permit will be required for the proposed site improvements. In relation to the above comment "g" regarding signage, what changes are proposed to existing freestanding and attached signage? At a minimum, the addresses on the freestanding signs should be reoriented to read horizontally rather than vertically; those panels on freestanding signs that are not a white background with red lettering should be changed; and those attached tenant signs that are not on a white background with individual lettering should be changed. t) Show the visibility triangles at all driveways, including those for the daycare on Hercules Avenue and the driveway on Rogers Street, and at the intersections of Gulf to Bay Boulevard/Hercules Avenue and Hercules A venue/Rogers Street. Revise the visibility triangles on the landscape plan to Code size of20' x 20' and to Code locations. u) Address/show the location of all outdoor lighting fixtures. Coordinate with landscaping. Outdoor lighting is required to meet the requirements of Sections 3-1301 - 1302. v) Provide the location of outside mechanical equipment for each building and all required screening. If located on the roof, note such. w) Provide traffic flow arrows and signage (including "do not enter" signage) to indicate one-way traffic flow for the daycare. x) Show the number, length and width of the daycare van parking space(s), as well as any other parallel parking within this area of the site. These spaces should be included in the parking count. y) Owner will need to complete and record a Unity of Title document prior to issuance of any building permits. z) Revise site data table on Sheet 1 for "side (south)" to "front (south)" and to indicate a 25-foot setback is required. aa) Indicate on the site plan (or other appropriate plan) all required parking lot interior landscaping crosshatched or shaded, including the area of each interior area being calculated. bb) Revise the landscape plan to indicate the amount of interior landscape area is being provided (revise "open space provided" to "interior landscape area provided", se Comment #27 above). A minimum of 10 percent of the paved vehicular use area is required. cc) Coordinate the landscape plan and the site plan as to pavement versus landscape area where the five-sabal palms are proposed at the rear parking area near the "parking/service area." dd) Indicate the existing/proposed use of the second floor of the "daycare" building. ee) When resubmitting the application package for the Community Development Board (CDB), please include a reduced landscape plan to scale (8 'li X 11), in color, for CDB presentation purposes. ff) Provide wheel stops and concrete curbing adjacent to landscape areas in the parking area in the southeast portion of the site. gg) Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and protective measures. hh) Submit a Comprehensive Landscape Program application, addressing all criteria, based on the requests outlined at the beginning of this letter (or as modified with revised plans). ii) Is there any outdoor seating for Captain's Pizza? jj) Code requires foundation landscaping of a minimum width of five feet. Any ability to provide? May need to include in the request and include as part of the Comprehensive Landscape Program application. kk) Revise Sheet L-l to indicate Rogers Street on the south (not Turner Street). 11) Indicate through a narrative the proposed building improvements. Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 14 mm) Landscaping should be added outside the existing chain link fence along Rogers Street adjacent to the daycare playground. nn) Compact parking is not provided by Code. Revise to Code parking space dimensions (9' x 19'). 6. Solid Waste: a) How is solid Waste handled? All Dumpsters must be enclosed. 7. Land Resources: a) Show the Brazilian Pepper to be removed. Show on plans prior to building permit. b) Show the Red Maple tree to be removed, this tree is declining and will not improve. Show on plans prior to building permit. 8. Fire: a) No comments. 9. Environmental: a) No comments. 10. Community Response: a) Occupational License application for this use was reviewed by Zoning, which requires CDB approval prior to issuance. Letter stating such was sent to the business 12/14/00. The Occupational License application has been in the CRT / OCL hold folder since 12/14/00. b) Bob Hall spoke with Leah Letice from Johnson Blakely (461-1818) on 11/13/03. He informed her that this information (filing of this FLD application) is satisfactory for our not issuing citations at this time. As long as the client does not withdraw the case or fail to bring the property into compliance, then we will allow the processes to occur. However, once the processes stop toward compliance, we would need to initiate enforcement again. 11. Landscapill!!: a) Having reviewed the proposed plan with traffic engineering, we have several suggestions that will improve traffic flow and the landscape for the site, while maintaining all the parking, and in fact adding 5 spaces total per Code for a total of 92 full size spaces. See traffic (Ben Elbo) for plan. b) Irrigation must meet the City Code per Section 3-1203.C., adjust plans to show 100% coverage, rain sensor, automatic timer, etc. c) Per Section 3-1202.E.1 Code requires a minimum of 10% interior green space of gross vehicular use area or 12% of gross vehicular use area if parking spaces area greater than 110% of the required parking. Interior islands shall be designed so that in most cases no more than 10 parking spaces are provided in a row. Interior islands shall be a minimum of 150 sq. ft., and be 8' of green space from back of curb to back of curb. d) Per Section 3-1204.D. all landscaping must be protected from vehicular and pedestrian traffic by the installation of curbing and wheel stops, or other protective devices along the perimeter of any landscaping which adjoins vehicular use areas and sidewalks. These protective devices shall have a minimum height of six inches above grade. e) Per Section 3-1202.B.1. Code requires trees to be 10' in height and 2 1/2" cal. at planting, ornamental trees can be 8' in height and 2" cal., and palms must be 10' clear and straight trunk at planting. Make changes in Legend and submit revised page for review. t) Please call Sherrie Nicodemus @ 727-562-4582 to schedule to meet with planner, traffic, and I to review the suggested parking and landscape plan. NOTES: In order to be placed on the January 20, 2004, CDB agenda, submit 15 collated copies of the revised plans and application material addressing all above departments' comments by Thursday, December 11, 2003, no later than noon. Packets shall be collated, folded and stapled as appropriate. Submissions not appropriately organized shall be deemed to be insufficient and returned to the applicant. Development Review Committee Action Agenda - Thursday, December 4,2003 - Page 15 1 :45 p.m. Case: ANX2003-10025 - 1416 Satsuma Street Owner/Applicant: Rernzi Dalip (727-461-5039). Location: 0.21-acres located on the north side of Satsuma Street, approximately 500 feet east of South Hillcrest Avenue. Atlas Page: 307A. Request: (a) Annexation ofO.21-acres to the City of Clearwater; (b) Land Use Plan amendment from the RL, Residential Low Category (County) to the RL, Residential Low Category (City of Clearwater); and (c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association(s): at~. Presenter: Marc A. Mariano, Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Duanne Anderson, Rick Albee, and John Schodtler ApplicantiRepresentative: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) 2. Stormwater: a) 3. Traffic En!!:ineerilll!: a) 4. General En!!:ineerin!!:: a) 5. Plannin!!:: a) 6. Solid Waste: a) 7. Land Resources: a) 8. Fire: a) 9. Environmental: a) 10. Community Response: a) 11. Landscapin!!:: a) NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 16 1:50 p.m. Case: ANX2003-l0026 - 149 Baywood Avenue Owner/Applicant: Singh Chunilall. Location: 0.16-acres located on the east side of Baywood Avenue, approximately 250 feet south of Drew Street. Atlas Page: 290A. Request: (a) Annexation ofO.16-acres to the City of Clearwater; (b) Land Use Plan amendment from the RU, Residential Urban Category (County) to the RU, Residential Urban Category (City of Clearwater); and (c) Rezoning from the R3, Single Family Residential District (County) to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Existing single-family dwelling. Neighborhood Association(s): III. Presenter: Marc A. Mariano, Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Duanne Anderson, Rick Albee, and John Schodtler Applicant/Representa tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) 2. Stormwater: a) 3. Traffic Enl!:ineerinl!:: a) 4. General Enl!:ineerinl!:: a) 5. Planninl!:: a) 6. Solid Waste: a) 7. Land Resources: a) 8. Fire: a) 9. Environmental: a) 10. Communitv Response: a) 11. Landscapinl!:: a) NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 17 1 :55 p.m. Case: ANX2003-10027 - 24698 U.S. Highway 19 North Owners: George C. Clark Investments, LTD. Representative: Keith A. Lawes, Global Financial Investments, LLC (300 6th Street North, Suite 7, Safety Harbor, Florida 34695, emai1: klawes(wtampabay.rr.com; phone: 727-723-0038; cell: 727-515-7070); Todd Pressman, Pressman & Associates, Inc. (28870 U.S. Highway 19 North, Suite 300, Clearwater, Florida 33761, phone: 727-726-8683, fax: 727-669-8114). Location: 10.67-acres located on the east and west sides of Lawson Road, approximately 350 feet west of U.S. Highway 19 and 1,200 feet north of Sunset Point Road. Atlas Page: 254B. Request: Annexation of 10.67-acres to the City of Clearwater to be included as part of a pending land use and zoning case (LUZ2003-l00ll). Proposed Use: Attached Dwellings. Neighborhood Association(s): _. Presenter: Marc A. Mariano, Planner. Attendees included: City Staff: Marc Mariano, Frank Gerlock, Bryan Berry, Scott Rice, Duanne Anderson, Debbie Richter, and Tom Glenn Applicant/Representa tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) 2. Stormwater: a) 3. Traffic Enl!ineerinl!: a) 4. General Enl!ineerinl!: a) 5. Planninl!: a) 6. Solid Waste: a) 7. Land Resources: a) 8. Fire: a) 9. Environmental: a) 10. Communitv Response: a) 11. Landscapinl!: a) NOTES: Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 18 2:00 p.m. Case: LUZ2003-10011 - 2520 Sunset Point Road Owners: George C. Clark Investments, LTD. Representative: Keith A. Lawes, Global Financial Investments, LLC (300 6th Street North, Suite 7, Safety Harbor, Florida 34695, email: klawes@tampabay.n.com; phone: 727-723-0038; cell: 727-515-7070); Todd Pressman, Pressman & Associates, Inc. (28870 U.S. Highway 19 North, Suite 300, Clearwater, Florida 33761, phone: 727-726-8683, fax: 727-669-8114). Location: 24.09-acres located on the south side of Druid Road, approximately 400 feet west of U.S. Highway 19. Atlas Page: 254B. Request: (a) Land Use Plan amendment from the Residential/Office/Retail (RJO/R) Classification (County), the Residential Urban (RU) Classification (County), the Commercial General (CG) Classification (City) and the Residential Low Medium (RLM) Classification (City) to the Residential Medium (RM) Classification (City) (pending ANX2003-10027); and (b) Rezoning from the CP1, Commercial Parkway District (County), the R6, Residential, Mobile Home Parks and Subdivision District (County), the C, Commercial District (City) and the MHP, Mobile Home Park District (City) to the MDR, Medium Density Residential District (City) (pending ANX2003-10027). Proposed Use: Attached Dwellings. Neighborhood Association(s): g. Land Use Plan Amendment Category: Large Scale. Presenter: Marc A. Mariano, Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Marc Mariano, Scott Rice, Duanne Anderson, Debbie Richter, Tom Glenn Applican t/Representative: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) 2. Stormwater: a) 3. Traffic Enl!ineerinl!: a) 4. General Enl!ineerinl!: a) 5. Planninl!: a) 6. Solid Waste: a) 7. Land Resources: a) 8. Fire: a) 9. Environmental: a) 10. Community Response: a) 11. Landscapinl!: a) ., NOTES: Development Review Committee Action Agenda - Thursday, December 4,2003 - Page 19 2:05 pm. Case: ANX2003-10028 - 2945 Sunset Point Road Owner/Applicant: Spear and Shirley Johnson. Representative: Philip Rogers, Reality Executive (3090 Charles Avenue, ph. 727-726-3333 ext. 103, fax 727-726-8190). Location: 3.25-acres located on at the southeast comer of Sunset Point Road and County Road 193. Atlas Page: 255B. Request: (a) Annexation of3.25-acres to the City of Clearwater; (b) Land Use Plan amendment from the Residential Low (RL) Category (County) to the Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from the AE, Agricultural Estate Residential District (County) and the R2, Single Family Residential District to the LMDR, Low Medium Density Residential District (City of Clearwater). Proposed Use: Single-family dw_.ii.e....llin. s. Neighborhood Association(s): ~;.. Presenter: Marc A. Mariano, Planner. Attendees included: City Staff: Frank Gerlock, Bryan Berry, Marc Mariano, Scott Rice, Duanne Anderson, Debbie Richter, Tom Glenn Applican t/Represen ta tive: The DRC reviewed this application with the following comments: 1. Parks and Recreation: a) 2. Stormwater: a) 3. Traffic En2:ineerin2:: a) 4. General En2:ineerin2:: a) 5. Plannin2:: a) 6. Solid Waste: a) 7. Land Resources: a) 8. Fire: a) 9. Environmental: a) 10. Community Response: a) 11. Landscapin2:: a) NOTES: S:\Planning DepartmentlC D Blagendas DRC & CDBIDRC\2003111 December 4, 2003IDRC Action Agenda 12-04-03.doc Development Review Committee Action Agenda - Thursday, December 4, 2003 - Page 20 May-06-9a lO:22A . PoO? . C: 'ELEVATION CERTtF1CN. . FEDERAL EMERGENCY MANAGEMENT AGENCf NATIONAL FLOOD INSURANCE pnOGRAM AT! ~NTIOH: Usa or Ihls c"tlrIc." welllOl plc'Ild. II we!v., ollh, IlocxJ Insurance purch8s8 req\llr~munl. II~s 'o,m II uso<.l only 10 p<ov1de 9lll.aUon InlormaUon n.....ary 10 llnsuro compllanco willi RPPllcablo WIIlIl1UIII{y rIood~I_I" ",a"au_mlllll o,dlnances. 10 dol_rrnln..\l1e propet Insuranc. premium 101.. a"dlot 10 suppor1a ""IU"sllo, 8 LolleI 01 Map AmAndmonl 01 novlsloll (LOMA Of LOMR). Inltruellolls for complatlng Ihl. lorm can be Iou lid on Ih. following p.g... f.~;~.,~.wum . SECTION A PROPERTY INFORMATION fOh ....&l1RA14C;t (our-ANY' un PO\.ICY l<\IIo4a.II aU'lOU./O OWI/i'.., N"ME MARVlN FELDMAN S'RE~' ^OOAE$S \Ir~""'" A~=LW~ t~'~~.;~ IMdg. N;;~)OR 'po: ~ooli-ANo-eo~"H\~eER 123 BAYS IDE DRIVE cUlmu" NAIC N\J04lI[R 01 HER OeSCl\'PTlOH (1.01 end 8Iocll_rl. lie.) LOTS 5 " 6 BLOCK .::.13,:~ BAYSIDE ?YQP1VISION_~9. 3 Fr.o~1101\ liP COOl SECTION B FLOOD INSURANCE RATE MAP (FlnM) INFORMATION provld. IheloUowll'lg lrOll'llhll p1opll! FIRM (Seelns\,uclIon.): CI1Y CLEARWATER, 0007 << 0"1 ( or (Iru..1INIH: It . SASE FlooO El~VATlOO (.... AO lnnel. Uti d~1 12.00 , COMMUNI" I/U"'UA 2. PANEL NUM8~A 125096 8-1~-91 7 Indicale Ihe .Ievallon dalum system vud orlthe FlAM lor Baso Flood EI.veUol'I' (Dr-E): U NGVD '29 1]01her Id05c,Iba OIl b.ck) O. FOI ZOlle, A or V, wh.r. no afe Is plovlded ofll110 nnM, and the commuclily hll~ established a flFE lut this bulldlllQ sUa,lndlcat' 1I1e communily's 8FE: U_LJJJ.U leal NOVO (0' 0lh8' FlAM datum-sae :)Hcliun 0, Helll 7) SECTION C 8UILDlNG ELEVATION INFOF\MATION . ,. Using Ih. Elev.lIon C"lIl1c.lo Inatrucllon5, Indic.talhe dlagrem number horn Iho r11~tlr811ls 1000nd on rpglls 5 end () Ihal best describes Ihe subj.ct bulldlnv'S relerallC1llevlll - . 2(.). FlAM lones A 1.AJO. AE, AH, and A (willi UFE). lhe lUll ollho ,elolenco 10VII' IIu,,, 110m Ihe 5010clutl d,ay/alll.S a\ an 81,valion' 0IlJ_L6....6 IJ lao\ NOVO (or olhor fiRM datum-,ee Socllon 0, Itom 7). . (b). FIRM Zone. VI.VJO, VE, Ind V (with DFE). Tho bollom ollh, luwasll,olllonlolslrvclvral mA,nbal ollho ,efelll1C. Itve'tlom Ih, sel.cled dlagram,ls 01 on elovatkln 01 I I I I I I.Ll fool NGVlJ (or olher r1RM daMn-soe Sectlc" B, Ilem 7). Ie) FIRM 7.01'10 A (wllhoUI BFE). Tho 1I0or used as 'ho rol9fOnClllevaJ Itorn tho solOClod dlagram)s W.LJ laol aoovH 0 Of btlow 0 (ch81:1I one) tho hfghe6tll'ade adjacent 10 U\O bulldlnlj. (0). FIRM Zone AO. TII.lloor usad o.lho rolo,oncolovelltomll1a .olocted diagram Is l.\ I.U loel.bvve 0 or below [1 Ichld. on 0) Iho highest grid. Idlac,nllo Iho building. II no flood dopth number 15 avaifablo. Is Ihe Luilding's low'SllIoor (lalalOnce Illvel) lIIeva\.<.I In accordanct w"h Ih. COllllnunHy's lIoodpleln managemonl u,dlllance7 II Yns U No LJ Unknown 3. Indicalelht .f.vatlon dllum system usod In dalll,mlnlng the auovelelolentO level 010vaIl0os:. NGVO '29 0 Olher (dasclibe under Commonls on Page 2). (NOTE: 1/ Ih. a/evMon de/vm l1~ed In mUl5willll (Ill' e/ovafion.. is dll/et81lll/l~n rhal u"d on lIlt FIRM tn, SKllon 8. /Ism 7/, rl"" co"ver1 Ihtl .lev~lion> 10 (/,. ,1"WIll $yMtI'" lI<ad on r"e FIRM and .how II.. convtts1on .quation under Comme"l, on Peg. 2.) 4. Elovallon ,,'".ne. milk u.td IppBlU' on FIRM: . Yos 0 No (SOli IlIsl/uCliooo on Paga 4) !>. Thv r.r...nct'ev.lelevallon Is bued on: . aclu.1 t;Ol'Isllucllon 0 consl/Utllon drawings /NorE: V.. 01 cons'tucf/on dr."'/nrlf 15 only valid IItl,. /Julldlng doe5 not yel hav" 1I.1f ,,,le,ellce/ev.I Roar In plaClt. In which can 111/' nri/llc./. wi' onll b. yalid lot rh. buildl"g durlllg ,"e cour,. 01 con./lucl/oII. A /XlSr.con,',ucrlotl fi/e.allon Cerlllic,'Q will b. r.quJr~ one. con,ltucllon I, oompIoll1.) 6.1118 ,I,vlllon 01 Ih,lowBsl grade Iml1l9dlalely edjaeenllo Iho huildlng is. U. I f> i Sjq Ileot NOVO \0' olhe, FIRM dlllum.see Seellon B, lI.m 1). .. SECTION 0 COMMUNITY INfOIlMATlON ,. II tho community olllelel responsible lor varUylng bIllldlnv'alev81lons SfXlclll.. that Ihe rellfuocel,v.llndlcetOd In Seclion C, lIenl t Is nollne "Iowesllloor" as dallned ~lthe community's flocxJplalR n18MI/'menl ordlrllll1ce. Iha alevallon olin, bulldlllQ" .Iowaal 1I0Ot..' dellned by tho ordlnanc.ls; LLLLJJ.U 'eel NGVO lor olher fiRM datum-58' SecUon B,lIem 7}. 2. lJalft 01 lhe ,Iart 01 construction Of .ub51anllallmprO'8manl --... .-. . JI"''' 'o.mll,"/"""l '0 nEPlACESAll PREVIOIIS !DIIION\ 3~~ I\tvERSt SIDE fOIl COH1INUIITION O\'t\\T'A~ j \ \":-.... .' . SECTION E CERTIFICA1ION . P.OS May-06-9S lO:23~ . This certllicBllon Is \0 be 5ignad by:: land 6urveyor, IInglneer, or archllacl who 15 o\llhulilOtJ hy ~181e or local law \0 cerllly olevatlon Info/maUon whlln Ihe oleve1l0n InlOfmallon lor ZDflll8 AI-A30, liE. JIll. A (willI Bf'E).Vl..V30.VE, amJ V (with ef'ellS II/qul,.d. Communlly onlclels who lIro luthollzed by local law or ordinance \0 provide Iloo(1pl,,111 ",ullayu"'~lllllllolll1allon. may al," $19"1118 ce.lllicallon. In tho ClISU 01 Zonn AO ond A (without 8 f'EMII or cOlllmunlly Issued Un'), "tJulllliny olllc1al. a prope,ty IIWlle/. or an ownor's represenlatlve may alao tlgn Ihe ctrllllcllUon, Relorence level dial/rams 6, 7l111d 8 . Dlsllngulshlng Features-II \he cSIUHor Is ullDble to cOrllfy \0 bro!lkllway/non.b,oak'iway WII>>, enclo~u,,, slzo, locallon ol..,vlclng equlpmenl, nrea use, wall openings, or unlinished alua Fualufu(S),lholl Ustlhe Fealu'e(s) not ,ncludellin lhe cer1ll1cntlon under Commellts below. 1118 diagram number, Suclloll C. IluII' I, IIlusl sllU be onloled. / L'~I/"Y Ihal /1111 /nJOfln,flon 1/1 SfC/iOIlS B ;1/111 C o/lll,ls l:oI/lllcale replestJlIIs /IIY tIes/ OtrOl/S to ;II/o(prol 1"11 dalll iJVAililll1//. ,'/ w,dtl/s/and Ihl1l ,ny 1111" sl"emf,,1 may b8 punls/flb/II by I/lIe Of inlPllsOllmen/ unclor 18 U.S. Codtt. Sttc/lon 100/. CERllfIER'S NAME WILLIAM C. KEATING ----------- .~..-.-cOMr^'~.Y.NmE-----.----..--.-..- ..- ....-.. ....-.~," .,,--- ALLIED SURVEYING U(;EN~E tlUMU~R IVI Alhl Sull #1528 III1E REGISTERED CIlY ......-.-...-......----....-.-.. ...... -....-- CLEARWA'rER ~~~ 34'~25 UAIE 01/11 9& Tfl'i(3) 1\46-1263 Copl or: 1) communlly olllelll, Z) IIl!urance BI/elll/company, Bnd 3) bulldlnll own.r. COMMENTS: .. 4'_ ... . .... ... .........-..--... ~ -.-..--...-... .---------.- .---.------- . 011 ~ A V lOt.E. !Qfll.& '/tllH ~ 011 ~ILU. Pltnl,OI\COW"'tn I.i I;. ~ "OCO ~ i:}'. 7'. ~..t .~.,.. I., " 1'1, ,,:,'1 :'\'!rtll j '," .'1 M1;'i~;~:;r:: "Tho lllagram! Ilbov.mUII,ale the polnls a\ which tho olevatlons should be measurolll" II Zunos alld V Zones. Elovations lor all A Zone. .hould be m,"ured allho lop 01 tha re/eronce levellloor. Elevatlonalor .\1 V Zones should be moa5urod sllha botlorn 01 the low05\ horllonlal slruclu'al IOlImb'f. Pno. 2 .... [~;o\~'T'/j~ f~ ~...l . ! / ! . . CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRUE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 December 11, 2003 Mr. and Mrs. Marvin Feldman 123 Bayside Drive Clearwater, FL 33767 RE: Development Order regarding case FLS2003-10053 at 123 Bayside Drive. Dear Mr. and Mrs. Feldman: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On December 4, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development approval to increase the maximum building height from 30 feet to 38.5 feet (to midpoint) in association with a proposed single-family residence located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2-203.C. The DRC recommended approval of the application with the following bases: Bases for Approval: 1. The proposal complies with Detached Dwellings criteria under the provisions of Section 2-203.C; 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. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above one condition. The approval is based on and must adhere to the site plan and application dated received October 23,2003. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Standard Development approval (December 11, 2004). All required certificates of occupancy shall be obtained within one year 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. BRIAN J. AUNGST, MAYOR-COMMISSIONER HoYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER (1) BILL JONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" e . December 11, 2003 Mr. and Mrs. Feldman- Page Two If you have any questions, please do not hesitate to call John Schodtler, Development Review Specialist, at 727-562-4604. You can access zoning for parcels within the City through our website: www.myclearwater.com. * Make Us Your Favorite! Sincerely, Cynthia H. Tarapani, AICP Planning Director S:\Planning Department\C D B\Standard Flex\inactive or Finished Cases\Bayside 123 - Feldman (LMDR) - Approved\Bayside 123 Development Order.doc . . Community Response Team Planning Dept. Cases - ORC Case No. /.L _5 ;;2 og,? ,3 - /aJS 3Meeting Date: Q{' [" . ~ . / :-) Locati on: /';? ~-? ...c~l' fy'<:: (/ c:L.€/ d_./ //'- _ o Current Use: /t c: C.'c~- /1 Y/ c? //' /..;k-yy/ ~ / o Active Code Enforcement Case ~"')yes: o Address number~ (no) (vacant land) o Landscaping @(no) r....-~ o Overgrown (yes) ~ o Debris (yes) ~ o Inoperative vehicle(s) (yes) ~)) o BUilding(S~ (fair) (poor) (vacant land) o Fencing ~OOd) (dilapidated) (broken and/or missing pieces) o Paint (goOd)@ (poor) (garish) o Grass Parking (yes) ~ ~ o Residential Parking Violations (yes) ~_ o Signage~Ok) (not ok) (billboard) o Parkin~strjped) (handicapped) (needs repaving) o Dumpster (enclosed) ~n~l~se~ o Outdoor storage (yes)~)__ Comments/Status Report (attach any pertinent documents): Date:! / // Y Reviewed ~~ ,J/~::~:: L ';1"''; Telephone: Jc,.;J:: '/ZLt:J Revised 03-29-01; 02-04-03 . . DRC Meeting Date: Case Number: Agenda Time: Applicant: Address: December 4, 2003 FLS2003-10053 11:00 Mr. & Mrs. Feldman 123Bavside Drive CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Standard approval to increase the maximum building height from 30 feet to 38.5 feet in association with a proposed single-family residence located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2- 203.C. EXISTING ZONING/LAND USE: Low Medium Density Residential (LMDR), Residential Urban Classification, (RU) PROPERTY USE: Current Use: Proposed Use: Single Family residential home to be demolished Single-Family residential ADJACENT/ZONING LAND USES: North: West: East: South: Single-family residential Single-family residential Single-family residential Single-family residential CHARACTER OF THE IMMEDIA TE VICINITY: Single-family dwellings dominate the immediate vicinity. ANALYSIS: The 0.33 acres located on the south side of Bayside Drive, approximately 400 feet east of Harnden Drive. The parcel is located within a residentially developed area of single-family homes. The existing residential home will be demolished and a 6,000 square foot, multi-story home will be constructed. The proposed home is not consistent with the community character of the immediate vicinity. The immediate vicinity consists of forty-year-old single story, concrete block homes with low or flat roofs. However, it is consistent with the new homes that are replacing the old ones as redevelopment occurs. The proposed roof structure is not of typical design characteristic and therefore is required to through the residential infill project process due to its uniqueness. It is also recognized that FEMA requirements require any new home to be constructed above minimum flood elevation making any new construction out of character with the surrounding and existing homes. The single-family dwelling will be 38.5 feet in height (including base flood elevation 11 feet) to the peak of the roof. The site will have one driveway along each side property line. The proposed residential home will maintain the established setbacks that are characteristic to the surrounding vicinity. The development complies with density and impervious surface ratio standards within the Low Medium Density Residential District. All applicable Code requirements and criteria including but not limited to General Applicability criteria (Section 3- 913.A) and Detached Dwelling criteria (Section 2-203.C) have been met. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. S:\Planning Department\C D B\Standard Flex\Pending Cases\3 - up for the Next DRC\Bayside 123 - Feldman (LMDR)VJayside 123 Staff Report.doc- Page 1 . . STANDARDS AND CRITERIA FOR LOW MEDIUM DENSITY RESIDENTIAL: STANDARD REQUlRED/ EXISTING PROPOSED CONSISTENT INCONSISTENT PERMITTED MAXIMUM 7.5 dwelling units One dwelling One dwelling [X] DENSITY unit unit IMPERVIOUS 0.65 0.38 0.65 [X] SURFACE RATIO (ISR) LOT AREA 5,000 square feet 14,526 square 14,526 square [X] (minimum) feet feet LOT WIDTH 50 feet 107.99 feet 107.99 feet [X] (minimum) FRONT 25 feet 25 feet 25 feet [X] SETBACK REAR 25 feet 25 feet 25 feet [X] SETBACK SIDE SETBACK 5 feet 5 feet 5 feet [X] HEIGHT 30 feet 15 feet 38.5 feet [X] (maximum) PARKING 2 per unit 2 spaces 2 spaces [X] SPACES FLEXIBILITY CRITERIA FOR LMDR DISTRICT RESIDENTIAL INFILL PROJECTS: (Section 2-203.C): 1. Single-family detached dwellings are the only permitted use eligible for residential infill project application; Consistent Inconsistent [X] [ ] 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; [X] [ ] The unique design of the roof structure is the only deviation. If this where a typical roof design it would meet code requirement for maximum building height. 3. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; [X] [ ] S:\Planning Department\C D BlStandard Flex\Pending Cases\3 - Up for the Next DRNayside 123 - Feldman (LMDR)\Bayside 123 Staff Report. doc- Page 2 . 4. The uses within the residential infill project are otherwise permitted in the district; 5. The uses within the residential infill project are compatible with adjacent land uses; 6. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; Flexibility in regard to lot width, required setbacks, height, off-street parking access or other development standards 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. 8. GENERAL STANDARDS (Section 3-913): 1. Development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties. Development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. 2. 3. Development will not adversely affect the health or safety of persons residing or working in the neighborhood. 4. Development is designed to minimize traffic congestion. 5. Development is consistent with the community character of the immediate vicinity. 6. Design of the proposed development lllimmlZes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. . [X] [X] [X] [X] [X] [ ] [ ] [ ] [ ] [ ] Consistent Inconsistent [X] [ ] [X] [ ] [X] [ ] [X] [ ] [X] [ ] [X] [ ] S:\Planning Department\C D B\Standard Flex\Pending Cases\3 - up for the Next DROJJayside 123 - Feldman (LMDR)\Bayside 123 Staji'Report.doc- Page 3 . . SUMMARY AND RECOMMENDATION: The Development Review Committee reviewed the application and supporting materials on December 23, 2003. The Planning Department recommends APPROVAL of the Flexible Standard Development application to increase the maximum building height from 30 feet to 38.5 feet in association with a proposed single-family residence located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2-203.C. on the following bases: Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Residential Infill Project per Section 2-203.C. 2. The proposal is in compliance with other standards in the Code including the General Applicability Criteria per Section 3-913. 3. The development is compatible with the surrounding area and will enhance other redevelopment efforts. Conditions of Approval: 1. Prepared by: Planning Department Staff: ~~ S:\Planning Department\C D BlStandard Flex\Pending Cases\3 - Up for the Next DRClBayside 123 - Feldman (LMDR)V3ayside 123 Staff Report.doc- Page 4 DEC. 1.2003 10:15RM K~ & KLRR RRCHITECTS ~ . NO.746 P.1/2 I I , ,,' Project:T~ ~. Fax #: )6?' 4 CS" One of '2.- pa es Message:n u!G.- , \tAl i0 ~ F~ ~ ~ ...; ~- I<;~ ~. ?~ ~ ^""-J( '0"""'- k 0~' ~ &-. D cc: o FILE --~,-" ,-_."".,,,. ",,,,,,-""-'" -:----::::::1 .- I r :~ Ifll! "'__,,,_________w"__._") \ 111 ii r i:; \ ~ Or'c' i. 1 2003 l!,! i d 't \I ~i 'j, :;,--jl ., -.- .,,"_..;), C :) T I ',..'.' J "~"._-~_"~--"P....,...-,"..-,-.-...._~-~'-- " o COPIES OF THIS DOCUMENT WILL BE FORWARDED VIA us MAil o THIS WILL BE THE ONLY COpy YOU RECEIVE r DEC. 1. 2003 10: 15RM ~ cJ,;.,OL - 7 ~ Z . 1 ~ -I '7Yd... - Coo ~ - f4C(b J+ GU.vlJL. ~ ~q4 I~ ~4LfZ. { ~"'I"" I I . I I I ! I L L I - I ..., -. . I I I -~- I , I I I I I I I 1 I ! I , I I , I I I I , 1 I I \ I I I I I I I I I , I I , I . & KLRR RRCHITECTS-Z 7 -"^"'- . r..;) -@ ~ '50,{, /S~ r231S~h.~ ~() ~~~. 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I I i , I I I , I , I I I , 1 r I , J ( C> I~ I~ I I I 9 in \'l ~~2'C. (,~ SQ' . . .....r"'~~ "',\\.~LOF T/(.j(-# ~t~ ~,("CLT####~X~ ~~~ I ~~~.. .~.~t\.\ '/~'J'~"~. ~~. lli~"-(\-~o;:(-- "'r:" ==- -- ..~~ ~== Si~ ..~.:- ~ ri:'~ ~~";>,..~ ~ "lr-..'"\' ~'-~~#~JC.I"~~,~ .-#"'..-~~l~l\,... .. CITY OF CLEARWATER loNG RANGE PIANNING DEVELOPMENT REvIEW PLANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 Sourn MYRTIE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4576 November 14,2003 RE: NOTICE OF FILING OF AN APPLICATION FOR FLEXIBLE STANDARD DEVELOPMENT APPROVAL AT 123 BA YSIDE DRIVE (FLS2003-10053). To Surrounding Property Owners: As a property owner within 200 feet of 123 Bayside Drive, the City of Clearwater Planning Department gives notice that an application for Flexible Standard Development has been filed for that property. The request is to increase the maximum building height from 30 feet to 38.5 feet in association with a proposed single-family residence located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2-203.C. On December 4,2003, the Development Review Committee (composed of the City's professional staff) will review and determine whether the application demonstrates compliance with the City's Community Development Code. Following that review and determination, the Planning Director will issue a Development Order approving, approving with conditions or denying the application. The City encourages you to participate in the review process of this application.. You may phone me at 727-562-4604 for further information, visit our office to review the files and/or submit written comments to be considered in the City's review of the application. An appeal of the decision of the Planning Director may be initiated by the applicant or property owners within the required notice area who present competent substantial evidence at, or prior to, the Development Review Committee meeting (December 4, 2003). An appeal must be filed, including an appeal fee, with the Planning Department within seven days of the date of the Development Order. Thank you for your interest in the City of Clearwater's development review process. Please do not hesitate to contact me should you have any questions. You may access our Planning Department through the City's website: www.clearwater-fl.comor my direct e-mail addressisischodtl@clearwater-fl.com. Sincerely, ~ ~l...--- Jo(,(;chodtler Development Review Specialist S:\Planning Depanment\C D B\Standard FleNending Cases\3 - Up for the Next DRClBayside 123 - F eldman\Bayside 123 Notification Letter. doc BRIAN J. AUNGST, MAYOR.COMMISSIONER HoYT HAMILTON, VICE MAYOR.COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" . . CITY OF CLEARWATER loNG RANGE PlANNING DEVELOPMENT REvIEW PIANNING DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (J27) 562-4567 FAX (727) 562-4576 November 13 2003 Mr. and Mrs. Marvin Feldman 123 Bayside Drive Clearwater, FL 33767 RE: An application for Flexible Standard approval to increase the maximum building height from 30 feet to 38.5 feet in association with a proposed single-family residence located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2-203.C. Dear Mr. and Mrs. Feldman: The Planning staff has reviewed your application to increase the maximum building height from 30 feet to 38.5 feet in association with a proposed single-family residences located at 123 Bayside Drive, as a residential infill project, under the provisions of Section 2-203.C.After a preliminary review of the submitted documents, staff has determined that the application is complete. The application has been entered into the Department's filing system and assigned the case number: FLS2003-10053. The Development Review Committee (DRC) will review the application for sufficiency on December 4, 2003 in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. Please call Sherrie Nicodemus, Administrative Analyst at 727.562.4582 no earlier than one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the committee may have regarding your application. Additional comments will be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to call me at 727-562-4604. Sincerely yours, ~~\.-. Jo~S;hodtler Development Review Specialist S:\Planning Departmen^C D l/IStandard Flex\Pending Cases\3 - Up for the Next DRC\Bayside 123 - Feldman\Bayside 123 complete letter. doc BRIAN). AUNGST, MAYOR-COMMISSIONER HOYT HAMILTON, VICE MAYOR-COMMISSIONER WHITNEY GRAY, COMMISSIONER FRANK HIBBARD, COMMISSIONER * Bn.L)ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . November 12,2003 City of Clearwater Planning Department 100 S. Myrtle Ave., 2nd Floor Clearwater, FL 33756 Gentlemen: After reviewing the building code requirements with Mr. John Schodtler ofthe planning department, we have decided to amend our request as follows: 1) Delete the request for a reduction of the rear (south) setback from 25' to 16' in its entirety. Mr. Schodtler explained that overhangs, which includes balconies, may extend into the setback area by the lesser of 40% of the setback or 10 feet provided there is no supporting structure attached to the ground in this area. At this time we believe that an acceptable design can be developed within this standard. 2) Delete the request that the board review the roof design to verify that it satisfies the intent of the code restricting the height to 30'. Instead, we request that the board grant a variance allowing the mid point of the peak to eave distance of the cupola roof to be at a height of 38 Y2 feet above the flood plane. 123 Bayside Drive Clearwater, FL 33767-2502 . . April 26, 2002 Mr. Terry K. Dunlap Fowler Associates Architects, Inc. 1421 Court Street Clearwater, Florida 33756 RE: 123 Bayside Drive - Feldman property Dear Mr. Fowler: This letter is in response to your request for a clarification about the proposed height of the single-family dwelling for Mr. Feldman. As provided in the Community Development Code, building height is measured from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof. The proposed house includes two sloped roof structures. The lower roof structure is 19 feet high and the upper roof structure is 35 feet high, to the midpoint of each roof. Because the upper roof structure is so expansive, especially along the north and south elevations, it represents itself as a main roof structure. The Code does not address circumstances under which architectural appurtenances are designed and exceed the maximum height provisions. As a policy, the Planning Department will permit some design features that extend beyond the maximum height provisions. In this case, however, because the tallest roof structure extends across a majority of the roofline, it cannot be considered minor in nature and cannot be approved as part of a Minimum Development application. As we discussed, to seek approval of the height for the roof, a Flexible Standard Development for Residential Infill Project application needs to be submitted. It will be reviewed by the Development Review Committee and the surrounding neighborhood will be noticed. An appeal application may also. be filed to overturn the staff s interpretation of the Code with respect to how height is measured. .. . . April 26, 2002 Dunlap - Page Two Should you have any questions regarding the process and timing of the submission of a Flexible Standard Development application, please do not hesitate in contacting Mark T. Parry, Planner at 727.562.4558. Sincerely yours, Lisa Fierce Assistant Planning Director S:\Planning Departmen(\zoning ltrs\Bayside 123 Dunlap.doc . . Table of Contents . Flexible Standard Development Application ------------------------------------------------------- 1 - 6 . . Description of Requests Supporting Documents (Rear setback request) Photograph of adjacent property to west ---------------------------------------------------- 7 Drawing of adjacent property porch and proposed residence ---------------------------- 8 Supporting Documents ( Height request) General Discussi on ----------------------------------------------------------------------------- 9 Detail Drawing ---------------------------------------------------------------------------------- 10 Photograph of Model Showing Desired Roof ----------------------------------------------- 11 Photograph of Model Showing Acceptable Design ----------------------------------------- 12 Photograph of Model Showing Difference Between Desired & Acceptable ------------ 13 Proof of Ownership Warranty Deed ( copy) ------------------------------------------------------------------------------- 14 Stormwater Plan Submittal Requirements 15 Supplemental Submittal Requirements Survey Affidavit ------------------------------------------------------------------------------------- 16 Survey ------------------------------------------------------------------------------------------------- 17 - 19 Tree Survey ------------------------------------------------------------------------------------------- 20 Location Map of Property (schematic architectural site plan) LOOSE FOLDED SHEET A Site Plan Submittal Requirements Site Plan ---------------------(schematic architectural site plan) LOOSE FOLDED SHEET A Reduced schematic architectural site plan --------------------------------------------------------- 21 Landscaping Plan Submittal Requirements Reduced schematic architectural site plan with color --------------------------------------- 22 Building Elevation Plan Submittal Requirements Elevation, Front, Reduced -------------------------------------------------------------------------- 23 Elevation, Rear, Reduced --------------------------------------------------------------------------- 24 Elevation, Right, Reduced -------------------------------------------------------------------------- 25 Elevation, Left, Reduced ---------------------------------------------------------------------------- 26 Elevation, Front & Right --------------------------------------------LOOSE FOLDED SHEET B Elevation, Rear & Left ---------------------------------------------- LOOSE FOLDED SHEET C . . .~~ Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 CASE #: j:L5~~;r -/Cl!JS'..3 DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #: ~~6N~S~I~~~~~ICATION:"'" .J SURROUNDING USt:S oF' ADJACENT PROPERTIES: NORTH{" T ') ') L003 SOUTH: '" WEST: EAST: "r I o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans o SUBMIT APPLICATION FEE $ 100.00 * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) , ~ FLEXIBLE STANDARD DEVELOPMENT APPLICATION Single Family (LDR or LMDR only) Residential Infill Project (Revised 11/05/02) -PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Section 4-202.A) APPLICANT NAME: Marvin J. and Linda Feldman MAILING ADDRESS: 123 Bayside Drive Clearwater, FL 33767 PHONE NUMBER: 727 -445-1294 FAX NUMBER: 727-446-5574 Marvin J. and Linda Feldman PROPERTY OWNER(S): (Must include ALL owners) AGENT NAME: Marvin J. and Linda Feldman MAILING ADDRESS: 123 Bayside Drive 727-445-1294 Clearwater, FL 33767 t-<f.3 .. S7~1- PHONE NUMBER: FAX NUMBER: 727-446-5574 CELL NUMBER: 727-515-6954 E-MAIL ADDRESS:lfeldman@onicon.com B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: 123 Bayside Drive Clearwater, FL 33767 See following page LEGAL DESCRIPTION: 08/29/15/04950/00210050 14,526sf ( .33) (acres, square feet) PROPOSED USE(S) AND SIZE(S): Single family dwelling 6,000 sf (number of dwelling units, hotel rooms or square footage of nonresidential use) PARCEL NUMBER: PARCEL SIZE: DESCRIPTION OF REQUEST(S): See following page (include all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) Page 1 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . . . . B. Proposed Development Information Description of Requests . We are requesting the following approvals under the Flexible Standards: 1) Reduction of the rear (south) setback from 25' to 16' to balcony only. Building walls are set back 25'. This reduction is consistent with the building location and character of the adjourning property. 2 ) Review of the roof design to verify that it satisfies the intent of the code restricting the height to 30'. . --:t nC--<""~ , \1"\ ?so' 11 () Page I-A \ --k+ fV.A. ~ . ~ . 67 " ;)." . . DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO L (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) o SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED OR AFFIDAVIT ATTESTING TO THE OWNERSHIP OF THE PROPERTY D. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) o Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA - Explain !llrl! 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. See following page 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. See following page 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. Neither the home nor the requested flexible standard allowances will have any relation to the health or safety of anyone in the area. 4. The proposed development is designed to minimize traffic congestion. The proposed home will not have a negative effect on traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. This home is not consistent with the community character of the immediate vicinity. The immediate vicinity consists of 40 year old CBS homes with low or flat roofs. It is, however, consistent wltn me new nomes wnlcn are replacing me Old ones as mey are being torn down. 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The design of the new home will have no adverse effects, including visual, acoustic and olfactory nor hours of operation impacts on adjacent properties. o Provide complete responses to the seven (7) RESIDENTIAL INFILL PROJECT CRITERIA - Explain how each criteria is achieved, in detail: 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and development standards. The proposed redevelopment of the parcel is otherwise impractical without deviations from the development standards because of its unique architectural features. Page 2 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . . . . . D. Written Submittal Requirements 1. The home will be consistent with other homes on the block. a) Rear setback reduction will apply to the balcony only. Design of the balcony combined with large curves at back of home on each side will result in a structure with less obstruction of view from either adjacent property than would result if the home was built with square ends out to the code setbacks. All walls are within code setbacks. b) The height of the home will be consistent with other tall homes on the same street. However, since other tall homes have complete third stories, while our home is only two stories with a large cupola, the total bulk and scale will be less than other homes. In fact, 83% of the total roof area will be less than 28' high. 2. This home will not interfere in any way with future construction on either adjacent property. The design of the rear of the home will permit more visual access to the bay from adjoining properties than might result from other designs. This home will enhance the value of all surrounding properties since it will be consistent with the fine new home construction on the street in both architectural styling and value. Page 2-A . . 2. The development of the parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties. (Include the existing value of the site and the proposed value of the site with the improvements.) Fair market value of abutting properties will be increased. Current value of the proposed site is approximately $600,000. Proposed value of the improved site will be approximately $1,200,000. 3. The uses within the residential infill project are otherwise permitted in the City of Clearwater. For residential use. 4. The uses or mix of use within the residential infill project are compatible with adjacent land uses. Yes, this is compatible. This is a residential neighborhood. 5. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development. Yes, this proposed development project will definitely enhance the neighborhood because of its attractive design and improvement of the quality level of the homes. 6. The design of the proposed residential infill 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. Yes, the proposed development project will enhance the community character of the immediate vicinity of the parcel and the City of Clearwater as a whole. 7. Flexibility in regard to lot width, required setbacks, height and off-street parking are justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. We believe that flexibility with regard to required setbacks and height will have no negative effect on the neighborhood, and will actually enhance the neighborhood alll.! th~ City uf CI~arwal~r a:) a whul~. E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21) See page 15 o STORMWATER PLAN including the following requirements: 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; Stormwater calculations for attenuation and water quality; Signature of Florida registered Professional Engineer on all plans and calculations o 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 o COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable Page 3 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater L . . F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; o TREE SURVEY (including existing trees on site and within 2S' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); o LOCATION MAP OF THE PROPERTY; o PARKING DE:MAND STUDY in conjunction with ~ request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study will be used in determining whether or not deviations 10 the parking standards are approved; o GRADING PLAN, as applicable; o PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); o COPY OF RECORDED PLAT, as applicable; G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) o SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals SO 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; All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of-way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking lot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201 (D)(i) and Index #701}; Location of all landscape material; Location of all onsite and offsite storm-water management facilities; Location of all outdoor lighting fixtures; and Location of all existing and proposed sidewalks. o SITE DATA TABLE for existing, required, and proposed development, in writtenltabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (FAR.) for all nonresidential uses. o REDUCED SITE PLAN to scale (8 Yo X 11) and color rendering if possible; o FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a "certified arborist", of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees. Page 4 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater e . H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) o 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 dripline; Location, size, description. specifications and quantities of all existing and proposed landscape materials, including botanical and common names; Typical planting details for trees, palms. shrubs and ground cover plants including instructions. soil mixes. backfilling, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. o REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendering if possible); o IRRIGATION PLAN (required for level two and three approval); o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. I. 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 Residentiallnfill Project. o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 Y, X 11) (black and white and color rendering. if possible) as required. J. SIGNAGE: (Division 19. SIGNS I Section 3-1806) o All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. o All PROPOSED freestanding and attached signs; Provide details including location, size. height. colors, materials and drawing o Comprehensive Sign Program application, as applicable (separate application and fee required). o Reduced signage proposal (8 Y, X 11) (color), if submitting Comprehensive Sign Program application. K. TRAFFIC IMPACT STUDY: (Section 4-801.C) o Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. L. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described in this application. STATE OF FLORIDA, COUNTY OF PINELLAS OJ ~p Sworn to and subscribed before me this 0( 3 day of oC1"iq~t<... A.D. 20fl to meand/or by who is personally known has produced as identification. .......................................... . ~..""".. BEA TRIZ YOU : ~yplt."~ : = ?~~~ Commission" DOO : \~D'pj Expires 12/21/2 . ~ ~Ofl\.<:l"';"- Bonded h : """,''"',,,,\" ,t roug : da Notary Ass Inc . .. ......... ... ... .......... .... ... !II "I "'11 ~.. II ~..: . Page 5 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . . AFFIDAVIT TO AUTHORIZE AGENT: Marvin J. & Linda Feldman (Names of all property owners) 1. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 123 Bayside Drive. Clearwater. FL 2. That this property constitutes the property for which a request for a: (describe request) 1) Reduction of rear setback 2) Clarification of building height and code intent. 3. That the undersigned (has/have) appointed and (does/do) appoint: Owners are acting as agents. as (his/their) agent(s) to execute any petitions or other documents necessary to ~ffect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider an.d act on the above described property; 5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; )( Property 6. That (lIwe), the undersigned authority, hereby certify that the foregoing is true and corr COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this () C 7'. ,~ 0 0 l> personally appeared Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. 2. J ;2.t:J day of who having been first duly sworn My Commission Expires: ~---BlAfAiiYOUNdS..' ~~D CommIaIan If 000187854 ! Wl Elcplret 12/2112006 : ~Df[l Bonded through : (1OC)..oI32-4254) Florida Notary Assn.. Inc. E I............................... ........ .... ......... ;<t, ft!~ otrubliC S:\Planning DepartmenMpplication Formsldeve/opment review\2002 Formslsingle family residential infill application 2002.doc . . Page 6 of 6 - Flexible Standard Development Application Single Family Residentiallnfill Project- City of Clearwater . GENERAL DISCUSSION . The code requires that the height of a pitched roof be no more than 30 feet above the minimum floor elevation at the midpoint of the peak and eave heights of the main roof. . These conditions are satisfied by the black outline in the two drawings below and by the peak roof of the model shown in the attached photos. The home we are proposing to build, shown in red, lies within the space contained by the acceptable roof line shown in black. If one decides that the main roof is the small roof, 17%, then the main roof lies above the 30 feet line. If one decides that the main roof is the much larger area, 83%, then the main roof lies totally below the 30 feet line. Appurtenances such as elevator equipment rooms and mechanical equipment rooms may extend an additional 16 feet above the 30 feet line. At its highest point, our proposed home is only 9'.2" above the 30 feet line. However, the acceptable roof design in black, extends 1 ~above the 30 feet line at its peak. . DETAILED VIEWS ON FOLLOWING PAGE We are asking that the board take either of two actions. 1) Decide that the largest roof area equal to 83% is in fact the main roof. The height would then be measured to the midpoint of that roof and the home would then automatically satisy the requirements of the code. 2) Decide that since the entire proposed home lies below the peak of an acceptable design, is consistant with other tall homes on the block, and since it presents a much smaller volume and obstruction area than other homes on the block and the acceptable design, it therefore satisfies the intent of the code. This will be a beautiful home. It will improve the value of the adjacent properties . and add measurably to the appearance of the street and the community. Please give us the chance to build it. Page 9 . INST # 96-019.4 JAN 24, 1996 11:42AM \ Return to: (enclosed self-addressed stamped envelope) 'f' American Realty Title Agency of Florida, Inc. Addr ss: 24701 US 19 N" Suite 1 02 Clearwater, FL 34623 This instrument Prepared by: Elizabeth Mullarkey American Realty Title Agency of Florida, Inc. 24701 US 19 N" Suite 102 Clearwater, FL 34623 ARTA #12013-2 Property Appraisers Parcel Identification (Folio) Number!s): 08/29/15/04950/002/0050 PINELLAS COUNTY FLA. Ol~~"", OFF .REC.BK 9227 PG 1373 !tEe 'LJ~ os .0<2> TNT FEES MTF PIC REV .00 . SPACE ABOVE THIS LINE FOR PROCESSING DATA This Warranty Deed Made the 17th day of January A.D. 1996 by Documentary Tax KENNETH D. BUURMA and GAIL W. BUURMA, HIS WIFE · llitanglble Tax Pd. lerk, Plnellas County , Deputy Clerk hereinafter called the grantor, to By J. MARVIN /FELDMAN and LINDA FELDMAN, HUSBAND AND WIFE whose post office address is 123 Bayside Drive Clearwater, FL 34630 hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the panies to this instrument and the heirs. legal representatives and assigns of individuals, and the successors and assigns of corporation) Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in' Pinellas County, State of Florida, viz: Lot 5 and Lot 6, LESS the Easterly 10 feet of Lot 6, Block "B", BA YSIDE SUBDIVISION NO.3, according to the Plat thereof as recorded in Plat book 27, Page 74, Public Re'cords of Pinellas County, Florida. SUBJECT TO easements, restrictions and reservations of record. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1995. e . . . . . . . SURVEY AFFIDAVIT . STATE OF FLORIDA COUNTY OF PINELLAS Before Me, a Notary Public in and for the State of Florida this day personally appeared Marvin J. Feldman and Linda Feldman, husband and wife who, being by me first duly sworn, depose and say: 1. They are the owners of that certain property described as: Lot 5 and Lot 6, LESS the Easterly 10ft of Lot 6, Block "B", BA YSIDE SUBDIVISION NO.3, according to the plat thereof as recorded in Plat Book 27, page 74, Public Records of Pin ell as County, Florida and which is commonly known as 123 Bayside Drive, Clearwater, FL 33767. 2. They received a survey when they bought the property and the survey is certified to them by the surveyor, Allied Surveying, and is dated 1-12-96. 3. The original signed and sealed survey has been lost, and the copies provided in this package do represent faithful copies of the original survey. 4. The owners have engaged Allied Surveying to complete a new survey, which will be done next week, and they will have Allied Surveying also do a "vacant lot" survey when the current structure has been demolished. 5. This is, and has been, the primary residence of the undersigned since it was purchased, and to the best of their knowledge, the survey accurately reflects the current status of the property. 6. From the date of the attached survey, we can state that no structures, additions, pools, fences or other improvements have been made on the property and to the best of our belief there have been no buildings, fences, driveways or other improvements constructed on adjoining property during this time. Marvin J. F man ~ai~~ ST ATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 22nd day of October, 2003, by Marvin J. Feldman and Linda Feldman who are personally known to me or who have produced a driver's license as identification. /i 14z:.. (Sign) (CV(j 7 ~ ' NOTARY P LIC eatriz Youngs My Commission Expires: ~-~r~ ~ ~'DOO167654: ~".1 .... t2/2tJ200s I P 16 (/I Ior\ded hough : age CIOO-Q2-4.2lS4) Florida Notary Assn Inc : ..".H.................................;~....;..; CLWCoverSheet . . FLS2003-10053 123 BA YSIDE DR Date Received: 10/23/2003 MARVIN J & LINDA FELDMAN ZONING DISTRICT: LMDR LAND USE: RU ATLAS PAGE: 276A PAl D OK. NO. 43h}~. . DATE ..l.~-~~~~ ..~\t0!IL ~ ~ '"d '"d ~ 0 .; 0 = .; = . 0 0 = = .s. N ~ t:l. 0 = t:l. = -- 0 ... ... " ~ III 0 = III = H N 0 =' ..... ... =' ..... ... ~ <3 ~ = liI') = 61') u ..... 0 e e ..... -< -< ~ -= '"d - Q E- ~ Eo; E ) .S CI - . ~J ~ CI ,::: &! 0 e rI) ~ ... C = = ~ Q) ~ ;Z ~ p., ~ 0 = = CI j:l.; :.= = ..... !--., .~ 8 (. ) N U a. ~ \0 N a. ~ ..... ro ..,. 0> = ~ :6 ~ I t 0 ..... '0 =: 0 0> = E z .8 ~ E -- a. .- ;:, M I: E 0 = Q = li> 0> ~ u 0.:6 ~ ro 0 Q ...- Q . .e l{l Q = ....c'o Q ~ ;z ~.Q 0> Q Q Q ... D:-rolO: Q = M =' wo+:l Q - = \0 0.:::0 Q ~ CJ ..,. c(o.c ..... 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