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FLS2003-10005 BELLEAIR TOWNHOUSE PARTNERS, INC. e Reference DevApp Date o l/22/2003 City Of Clearwater Type Bill First Union Bank Original Amt. 475.00 o l/22/03 Flex Standard Development Application . l/22/2003 Balance Due Discount 475.00 2085 Check Amount Payment 475.00 475.00 475.00 _ J . -- CASE #: or DATE RECEIVED:_ ( . ~~ RECEIVED BY (staff initials): ATLAS PAGE #: ZONING DISTRICT: --'!1 LAND USE CLASSIFICATION: SURROUNDING USES OF ADJA PROPERTIES: NORTH: SOUTH: WEST: EAST: >- Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 o~ o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION o SUBMIT APPLICATION FEE $ /h /fP cJ-y 1/-. G_ r I o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including 1) collated, 2) stapled and 3) folded sets of site plans * NOTE: 13 TOTAL SETS OF INFORMATION REQUIRED (APPLICATIONS PLUS SITE PLAN SETS) ';'__,__"_,,,~_ FLEXIBLE STANDARD DEVELOPMENT APPLION,W10N\\r:"Tr-'=-'1 (Revised 11105/02)" '.',.... ":'~'_....._...;,,:, - PLEASE TYPE OR PRINT - JAN 2 3 2003 A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Code Secda" 4-202.A) ll., '.I APPLICANT NAME: 1:>~l\~~\ '1CU)0hou~e fh.r::l.:n~r61 J::i'){' ~o > MAILING ADDRESS: 56\4 ?o:r~ ~Il'~\ltlrd. Y\f)(2U08 ~ 36111-_- PHONE NUMBER: ~) 5'4L..\ - \L..\O~ FAX NUMBER: l1~1) 54\ - l.o \ ~, ~a..\\oillr 16l\.\\'"'\"Qll~)(2"" ?a..rlno,rs Itl~. (Must include ALL owners) \ PROPERTY OWNER(S): AGENT NAME: _RDO,?r:_~o ~\l"l1a.,n~ MAlLlNGADDRESS 5~\':1 ?11~ fuJ.\Q.YQI:C(~('Ol\o.~ ~)R 3:)1& PHONE NUMBER: (~.,) 544 - vio ~ FAX NUMBER: , CELL NUMBER: 1J &>1) L..\-llD - ~5~ 15 E-MAIL ADDRESS: B. PROPOSED DEVELOPMENT INFORMATION: (Code Section 4-202.A) STREET ADDRESS: &L\c)<'\) &)\0-0\\ ~ n.ey\ \fn.rnnt ~.\ (no act.\Tf\ S)] LEGAL DESCRIPTION: 3tt, &n~\Y!t .. A" nilo..c.hed. PARCEL NUMBER: JC\ -~- \lQ -C'JYV:.C -,",~~-(\Goo ~ v('{'f'("(\- 436- \tel) PARCEL SIZE: \.. II (lc...~ ~ ~ ~U(lre \?&L(2t J:.. '1(0, Cf'7/ (acres, square feet) ~ - D PROPOSED USE(S) AND SIZE(S): a a f;" (number of dwelling units, hotel rooms or square footage of nonresidential use) J 3 urU .bs c. ' DESCRIPTIONOFREQUEST(S):~an ~\(\lU f ~'\al (include all requested code deviations; e.g. reductio in required number of parking spaces, specific use, etc.) Page 1 of 6 - Flexible Standard Development Application - City of Clearwater . DbES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS ~), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) ~BMIT 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 how each criteria is achieved, in detail: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. 0 0 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. 0. 0 3. T~~rQillJ ~pm~nt will not adversely affect the health or safety or persons residing working in the ne hborhood of the proposed uJ:) ddir ~ ~ cia t:llJ 0 :lb4S 0 ~ ~ \l IN~~~(). 5tJ'll~~ ~~ 'P~OO~ k:~~~~~:~ ~)\ 4. The proposed development is designed to minimize traffic congestion. Con \2~ ()l7 Ii ~ ihtl. tl utI) . co. \ rl: M1Q,.o.~r ~n.d. 011_ 0 0 ~ i tAJ\111 m\O,mllYY\ \mp1C'T_ on 5. The prJsed d~velopmentis d:sisten~the ~om~un~~~he imm:diate vicinity o~~:arD.:.lliposed f~ ~0~~\lr~~od~\~0~ .~~'J'~~~t: ~~s~~ 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. c ,,.1 0..1 _~ \ C!> \ 0 1"\-1(1... ()lll()~\ {)c.c..u...\~)\er, T"ll.6\nll H\\o..l u.S~. \()6H.\tL~ 0. ..~~ \\}ei~\1~\" r.6t"'\d~"E,O() L~)~"",,\n --thq. ~m?~\tLy 0.1\(\ u\ \ -\:h(\\ ~.. 0 o Address the applicable flexibility criteria for the specific land use as listed in each Zoning District to which the waiver is requested (use separate sheets as necessary) - Explain how criteria is achieved, in detail: _~ llJili.~aXtS %' U,OO Page 2 of 6 - Flexible Standard Development Application - City of Clearw ater ~ rat' ~ ~ o ~ o o . . SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies; TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location, including drip lines and indicating trees to be removed); LOCATION MAP OF THE PROPERTY; PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering principles. The findings of the study w ill be used in determining whether or not deviations to the parking standards are approved; GRADING PLAN, as applicable; PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); COPY OF RECORDED PLAT, as a licable; SITE PLAN SUBMITTAL REQUIREMENTS: (Code Section 4-202.A) F. ~ SITE PLAN with the following information (not to exceed 24" x 36"): All dimensions; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location map; Index sheet referencing individual sheets included in package; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks; 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. ~ITE DATA TABLE for existing, required, and proposed development, in written/tabular form: Land area in square feet and acres; Number of EXISTING dwelling units; Number of PROPOSED dwelling units; Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area; Size and species of all landscape material; Official records book and page numbers of all existing utility easement; Building and structure heights; Impermeable surface ratio (I.S.R.); and Floor area ratio (FAR.) for all nonresidential uses. I!r'REDUCED SITE PLAN to scale (8 % X 11) and color rendering if possible; iiY'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 3 of 6 - Flexible Standard Development Application - City of Clearwater G. ~ ~ o . STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Design Criteria Manual and 4-202.A.21 ) 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 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 COPY OF STATE AND COUNTY STORMWATER SYSTEM TIE-IN PERMIT APPLICATIONS, if applicable H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ~ LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including 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. ~ REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible); o o IRRIGATION PLAN (required for level two and three approval); 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. BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials; REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if possible) as required. J. ~ o o o SIGNAGE: (Division 19. SIGNS I Section 3-1806) All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing Comprehensive Sign Program application, as applicable (separate application and fee required). Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application. Page 4 of 6 - Flexible Standard Development Application - City of Clearwater e . . 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 ~, SWQU:l- to and subscribed before me this ~ day of ~~IfJ.t'l.tt-" ,A.D. 20a.2. to me and/or by (l.. ~- Yo i!J~'~, who is personallv known has produ d as identification. KIM J. Cl YOe MY COMMISSION # CC 952876 EXPIRES: July 4, 2004 Bonded Thru Notary Public Underwriters Page 5 of 6 - Flexible Standard Development Application - City of Clearwater . , M. AFFIDAVIT TO AUTHORIZE AGENT: (Names of all property owners) 1. That (I amlwe are) the owner(s) and record title holder(s) of the following described property (address or general location): 2. That this property constitutes the property for which a request for a: (describe request) 3. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 5. That 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; 6. That (lIwe), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of personally appeared who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. Notary Public My Commission Expires: e S:IPlanning DepartmentlApplication Formsldevelopment reviewl2002 Formslflexible standard development application 2002.doc r. ~~ Page 6 of 6 - Flexible Standard Development Application - City of Clearwater e . Exhibit A Parcel I: The East 100 feet of the South 400 feet of the East % of the Southwest % of the Southeast % of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida, Less the South 50 feet thereof for Right-of-way purposes. Parcel II: The South 400 feet of the East % of the Southwest % of the Southeast Y4 of Section 19, Township 29 South, Range 16 East, Less the South 33 feet for road; and also Less the East 100 feet thereof; and also Less the West 110 feet thereof; also Less that part deeded to Pinellas County Deed Book 1495, Page 321 for Right-of-way, purposes, Pinellas County, Florida. An Equal O~:>O!1.unity Employer Ronnie E. Duncan Chair, Pinellas Thomas G. Dabney, II Vice Chair, Sarasota Janet D. Kovach Secretary, Hillsborough Watson L. Haynes, II Treasurer, Pinellas Edward W. Chance Manatee Monroe MAl" Coogler Citrus Maggie N. Dominguez Hillsborough Pamela L. Fentress Highlands Ronald C. Johnson Polk Heidi B. McCree Hillsborough John K. Renke, III Pasco E. D. MSonny" Vergara Executive Director Gene A. Heath Assistant Executive Director William S. Bilenky General Counsel Protecting YmJ.r Water Resources South.est Florida Water MC!-nage1nenL/2Jstrict _ ~ :;'.,::_ -.d!JJJ.,.~ ~--t,::'-;'~,~~ :..~:;riq., vP~ ':"~_N_.. _~~~~~{:J;;:-~,",!::i""'::t..-~~ 2379 Broad.t, Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Tampa Service Office 7601 Highway 301 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-80Q.836-0797 (FL only) SUNCOM 578-2070 Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 531-6900 Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUNCOM 667-3271 September 28, 2001 Roger Broderick Belleair Townhouse Partners, Incorporated 5514 Park Boulevard Pinellas Park, FL 33781 Subject: Notice of Final Agency Action for Approval ERP Standard General for Minor Systems Permit No: 46022341.000 Project Name: Belleair Townhouses County: Pinellas SeclTwp/Rge: 19/29S/16E Dear Mr. Broderick: This letter constitutes notice of Final Agency Action for approval of the permit application referenced above. Final approval is contingent upon no objection to the District's action being received by the District within the time frames described below. You or any person whose substantial interests are affected by the District's action regarding a permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, F.S., and Chapter 28-106, Florida Administrative Code, (FAC.), ofthe Uniform Rules of Procedure. A request for hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-105, F.A.C. Copies of Sections 28-106.201 and 28-106.301, F.A.C. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request for hearing. Enclosed is a "Noticing Packet" that provides information regarding the District Rule 40D-1.1 01 0, F.A.C., which addresses the notification of persons whose substantial interests may be affected by the District's action in this matter. The packet contains guidelines on how to provide notice of the District's action, and a notice that you may use. The enclosed approved construction plans are part of the permit, and construction must be in accordance with these plans. . e . .>. palBJodJo::Ju\'Sale!::JOSSV' 'S elPUaJ8 '0 U40r "3' d 'elPUaJ8 '0 U40r 000' ~vE~~09v pJO::J8~ JO all::! 'O'V"::!' ~OE'90 ~-g~ pue ~0~'90 ~.B~ SUOll::Jas (6EO-OO'~v) la}j::Jed 6u!::lIlON UOIPrulSUOO a::Juawwoo Ol UO!leZlJo4lnV' JO a~>!loN U01l8(dwoO JO luawalelS S6U!MeJO UOIl::JrulsuoO paAOJddV' pa4::JenV' SUOll!PUOO/M llWJad p8AOJddV' :::Jua/::J::J :saJnsopU3 qJs:W3V' lU8WlJedao uO!le(n6aCl edwe.l JopaJ!O "3'd 'SIjlVII '3 eQIV' '1\IaJa::JUIS 'LZO~ uo!sualXa 'U!lJBVII 'V' lIassnH l::JeluO::J 8seald 'SUJa::Juo::J IBlUaWUOJ!^ua 4l!M a::JuelS!SSe JO::! 'SVO~ uo!SUalXa 'a::JIlJO a::J!^-Jas edwe.l a4lle "3'd IllV' 'VII pJe4::J!C1 peluo::J aseald 'l!WJad a4l 6U!W8::JUO::J suo!lSanb a^e4 nol\ JI ~OO~ Ig~ JaQwaldas ~ a6ed paleJodJo::Jul'SJaulJed asno4UMO.l J!ea(las e e SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL FOR MINOR SURFACE WATER MANAGEMENT SYSTEMS PERMIT NO. 46022341.000 I PERMIT ISSUE DATE: September 28,2001 t EXPIRATION DATE: September 28,2006 This permit issued under the provisions of Chapter 373, Florida Statutes (F .S.), and Florida Administrative Code (F AC.), Rule 400-40, authorizes the Permittee to perform the work outlined herein and shown by the application, approved drawing(s), plans, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. J.. PROJECT NAME: Belleair Townhouses GRANTED TO: Belleair Townhouse Partners, Incorporated 5514 Park Boulevard Pinellas Park, FL 33781 ABSTRACT: This permit is for the construction of a multi-family subdivision, the associated infrastructure, and two ponds. Water quality treatment is provided by effluent filtration in the downstream pond. OP. & MAINT. ENTITY: Belleair Townhouse Homeowners Association, Incorporated c/o Belleair Townhouse Partners, Incorporated PROPERTY LOCATION: Pinellas County SEC/TWP/RGE: 1 9/29S/16E TOTAL ACRES OWNED OR UNDER CONTROL: 1.77 PROJECT SIZE: 1.77 Acres LAND USE: Residential DATE APPLICATION FILED: May 29, 2001 AMENDED DATE: N/A SPECIFIC CONDITIONS 1. If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit shal~ terminate, pursuant to Section 40D-1.61 OS, F .A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by that person. This condition shall not apply to the division and sale of lots or units in residential subdivisions or condominiums. 2. The discharges from this system shall meet state water quality standards as set forth in Chapter 62-302 and Section 62-4.242, F.A.C., for class waters equivalent to the receiving waters. e e 'JaUBaJalll SlIlUOW S ~ fua^a pUB pazlJOlllnB S! UO!IBJado JaUB SlIlUOW S ~ paWJoJ.lad aq IIBlIS SUOll3adsu! aliI 'UOllualap laMJO uOIIUalaJ pUB UOIIBJllllxa JO UO!IBJ@ luanwa OU!Z!l!ln swals};s JO UO!IBJIIIlXa JO UOIlBJll!llUanllJa OU!Z!l!ln swals};s JO::l 'alnpa1l3s OU!MOIIOj aliI 1I1!M a3UBpJO:J:JB U! 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S!lI.l 'pa};OldUJa os JaaU!Oua leUOIssajoJd alll jO Jaqwnu aUOLld pue SS8JppB 'aweu 8lH jO 5U!l!JM U! l:J!-'lSIO alll WJOjU! lIellS aan!WJad aLl.l 'parOJd S!lIl jO SlUaWaJ!nbaJ UOlle:J!J!lJ8:J lI!nq-se allllll!M lS!SSe pue UOIPrulSUO:J jO SUO!lB^Jasqo al!S-UO pnpuo:J Ol 'BPPOI::l U! paJals!5aJ JaaU!Oua leUOlSSajoJd JalllO JO 'Jaau!5ua u5!sap alll U!BlaJ lIeLlS aan!WJad a4.l 'v 'panlwqns slJodaJ pue UOlleUJJOjUI lie uo pallllUap! aq lIells (Iemwqns UO!leWJOjU! JO }JodaJ 5u!J.In:JaJ JOj) lUa^a pue UOlleWJOjU! JO }JodaJ jO alln 'Jaqwnu llWJad all.l 6SL9-Lt;9€t; l::l'edwe.l lIlJON ~Ot; };BMlIO!H 's'n ~09L l:JPlS!O luawaBeUBV\I JaleM ep!-'OI::lISaMlIlnos luaw}Jedaa UO!leln5a~ edwe.l :Ol panlwqns aq lIellS IIWJad Slln };q paJ!nbaJ slJodaJ pUB uOlleUJJoju! liB jO saldo:J oMl'U!aJall aSIMJalllO pa!Jpads ssalun '€ ~ sasnolluMo.l J!eallas ODD' ~17€~~0917 aBed :aweN parOJd 'ON I!UJJad e . Permit No. Project Name: Page 46022341.000 Belleair Townhouses 3 9. For dry bottom detention systems, the detention area(s) shall become dry within 36 hours after a rainfall event. If a detention area is regularly wet. this situation shall be deemed to be a violation of this permit. 10. Refer to GENERAL CONDITION No. 15 herein. GENERAL CONDITIONS 1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them. . -<. ~@~ Authorized Signature An Equal Opportunity Employer Ronnie E. Duncan Chair. Pinellas 11Iomas G. Dabney, II Vice Chair, Sarasota ~ D. Kovach Secretary, Hillsborough watson L Haynes, II Treasurer, Pinellas Edw..... w. Chance Manatee Monroe MAl" Coogler Citrus Maggie N. Dominguez Hillsborough Pamela L Fentress Highlands Ronald C. Johnson Polk Heidi B. McCree Hillsborough John K. Renke, III Pasco E. D. MSonny" Vergara Executive Director Gene A. Heath Assistant Executive Director William S. Bilenky General Counsel Protecting Your Water Resources 42.00-039 (Rev 05101) South~st Florida Water Management District 2379 Broad. Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TOD only 1-800-231-6103 (FL only) On the Internet at; WaterMatters.org ~ ~.:.::_::::~.:,'";_::.~~-j::~ ~ ~~-,~~:;~~~ Tampa Senice OffIce 7601 Higl1way 301 North Tampa, Aorida 33637-6759 (813) 985-7481 or 1-8()()..836.0797 (Fl only) SUNCOM 578-2070 Bartow Service OffIce 170 Century Boulevard Bartow, Ronda 33830-7700 (863) 534-1448 or 1-800492-7862 (Fl only) SUNCOM 572-6200 Venice Service OffIce 115 Corporation Way Venice, Florida 34292.3524 (941) 486-1212 or 1-800-320-3503 (Fl only) SUNCOM 526-6900 Lecanto Service 0ftIce 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUN COM 667-3271 NOTICING PACKET PUBLICATION INFORMATION PLEASE SEE THE REVERSE SIDE OF THIS NOTICE. FOR A LIST OF FREQUENTLY ASKED QUESTIONS (FAQ) The District's action regarding the issuance or 'denial of a permit or qualification for an exemption only becomes closed to future legal challenges from members of the public ("third parties"), if 1.) ''third parties" have been prO\)erly notified of the District's action regarding the permit or exemption, and 2.) no "third party" objects to the District's action within a specific period of time foHowing the notification. Notification of "third parties" is provided through publication of certain information in a nevi"Spaper of general circulation in the county or counties where the proposed activities are to occur. Publication of notice informs ''third parties" of their right to challenge the District's action. If proper notice is provided by publication, "third parties" have a 21-day time limit in which to file a petition opposing the District's action. A shorter 14-day time limit applies to District action regarding Environmental Resource Permits linked with an authorization to use Sovereign Submerged Lands. However, if no notice to "third parties" is published, there is no time limit to a party's right to challenge the District's action. The District has not published a notice to "third parties" that it has taken or intends to take final action on your application. If you want to ensure that the period of time in which a petition opposing the District's action regarding your application is limited to the time frames stated above, you may publish, at your own expense, a notice in a newspaper of general circulation. A copy of the Notice of Agency Action the District uses for publication, a list of newspapers of general circulation, and guidelines for publishing are included in this packet. Guidelines for Publishing a Notice of Agency Action 1. Prepare a notice for publication in the newspaper. The District's Notice of Agency Action, included with this packet, contains all of the information that is required for proper noticing. However, you are responsible for ensuring that the form and the content of your notice comply with the applicable statutory provisions. 2. Your notice must be published in accordance with Chapter 50, Florida Statutes. A copy of the statute is enclosed. 3. Choose the newspaper that is appropriate considering the location of the activities proposed in your application. 4. Contact the newspaper you have chosen for further information regarding their procedures for publishing. 5. You only need to publish the notice for one day. 6. Obtain an "affidavit of publication" from the newspaper after your notice is published. 7. Immediately upon receipt send the ORIGINAL affidavit to the District at the address below, for the file of record. Retain a copy of the affidavit for your records. Southwest Florida Water Management District Records and Data Supervisor 2379 Broad Street Brooksville, Florida 34604-6899 Note: If you are advertising a notice of the District's proposed action, and the District's final action is different, publication of an additional notice may be necessary to prevent future legal challenges. If you need additional assistance, you may contact Myra Ford at ext. 4338, or Adeline Wood at ext. 4344 at Brooksville. (Your question may be on the FAQ list). . . FAQ ABOUT NOTICING 1. Q. Do I have to do this noticing, and what is this notice for? A. You do not have to do this noticing. You need to publish a notice if you want to ensure that a "third party" cannot challenge the District's action on your permit or exemption at some future date. If you choose not to publish, there is no time limit to a third party's right to challenge the District's action. 2. Q. What do I need to send to the newspaper? A. The enclosed one page notice form entitled "Notice of Final Agency Action (or Proposed Agency Action) By The Southwest Florida Water Management District." You must fill in the blanks before sending it. 3. Q. Do I have to use the notice form, or can I make up my own form? A. You do not have to use our form. However, your notice must contain all information that is in the form. 4. Q. Do I send the newspaper the whole form (one page) or just the top portion that has blanks? A. Send the full page form which includes the NOTICE OF RIGHTS section on the bottom half. 5. Q. Do I type or print the information in the blanks? Or will the neWspaper fill in the blanks? A. You are required to fill in the blanks on the form before sending it to the newspaper. Contact your selected newspaper for instructions on printing or typing the information in the blanks. 6. Q. The section 50.051, F.S. (enclosed) proof of publication form of uniform affidavit has blanks in the text. Do I fill in these blanks and send that to the newspaper? A. No. That section shows the affidavit the newspaper will send you. They will fill in the blanks. 7. Q.lf someone objects, is my permit or exemption, no good? A. If you publish a notice and a "third party" files a request for administrative hearing within the allotted time, the matter is referred to an administrative hearing. While the case is pending, generally, you may not proceed with activities under the challenged agency action. When the hearing is complete, the administrative law judge's (ALJ) recommendation is returned to the District Governing Board, and the Governing Board will take final action on the ALJ's recommendation. There is no time limit for a "third party" to object and file a request for administrative hearing if you do not publish a notice. 8. Q. Do I have to use the newspapers you've listed? My local newspaper is cheaper. A. You may use any newspaper for your area if it meets the criteria on the enclosed Chapter 50, F.S. 9. Q. I don't understand what I should put in the blanks on the Notice form? A. 1. County, SectionlTownship/Range, application No., permit No., proposed permit No., Exemption No., or permit inquiry No. is on your Permit, Exemption, or Denial document. 2. Permit Type or Application Type is Environmental Resource Permit, Water Use Permit, Work of the District, etc. 3. # of Acres is the project acres. This is listed on the Environmental Resource Permit documents. For Water Use Permits, Exemptions, etc., you may put "Not Applicable" if unknown. 4. Rule or Statute reference (Exemptions only). The rule and/or statute reference is at the top of page one in the reference line of the Exemption. For all others, put "Not Applicable" in this blank. 5. Type of Project describes your project activity. Environmental Resource Permit = Agriculture, Commercial, Government, Industrial, Mining, Road Projects, Residential, Semi-Public or Water Quality Treatment. Water Use Permit = Agricultural (if irrigating, state that it is irrigation and specify what is being irrigated), Industrial Commercial, Recreation Aesthetic, Mining Dewatering, or Public Supply. Work of the District = pipeline, etc. 6. Project Name is the name of your project, if applicable. If there is no project name, put "Not Applicable" in this blank. 42.00-039 (Rev 05/01) . e NOTICE OF FINAL AGENCY ACTION BY THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Notice is given that the District's Final Agency Action is approval of the on acres to serve known as The project is located in County, Section(s) Township South, Range East. The permit applicant is whose address is . ./., The permit number is The file(s) pertaining to the project referred to above is available for inspection Monday through Friday except for legal holidays, 8:00 a.m. to 5:00 p.m., at the Southwest Florida Water Management District (District) NOTICE OF RIGHTS Any person whose substantial interests are affected by the District's action regarding this permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), and Chapter 28-106, Florida Administrative Code (F.A.C.), of the Uniform Rules of Procedure. A request for hearing must (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or final action; (2) state all material facts disputed by each person requesting the hearing or state that there are no disputed facts; and (3) otherwise comply with Chapter 28-106, F.A.C. A request for hearing must be filed with and received by the Agency Clerk of the District at the District's Brooksville address, 2379 Broad Street, Brooksville, FL 34604-6899 within 21 days of publication of this notice (or within 14 days for an Environmental Resource Permit application with Proprietary Authorization for the use of Sovereign Submerged Lands). Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the District's final action may be different from the position taken by it in this notice of final agency action. Persons whose substantial interests will be affected by any such final decision of the District on the application have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's final action in this matter is not available prior to the filing of a request for hearing. 42.00-039 (Rev 03/01) e . YOU MAY SELECT A NEWSPAPER THAT IS NOT ON THIS LIST TO PUBLISH THE NOTICE. IF THE NEWSPAPER MEETS THE REQUIREMENTS OF CHAPTER 50. FLORIDA STATUTES (COPY ENCLOSED) CHARLOTTE COUNTY Charlotte Sun Herald P.O. Box 2390 Port Charlotte, FL 33949 941 629-2855/Fax 941 629-7740 SAMPLE LIST OF NEWSPAPERS NEWSPAPER ADVERTISING CONTACT LIST MANATEE COUNTY Bradenton Herald P.O. Box 921 Bradenton, FL 33506 941 745-7064/Fax 941 745-7096 DESOTO, HARDEE, HIGHLANDS COUNTIES Tampa Tribune - Highlands Today 231 US Highway 27 N Sebring, FL 33870 941 382-1164/Fax 941 382-1076 MARION & SUMTER COUNTIES Ocalaj3tar Banner P.O. Box 490 Ocala, FL 33478 352 867-4038/Fax 352867-4028 HERNANDO COUNTY Tampa Tribune - Hernando Edition 15319 Cortez Blvd. Brooksville, FL 34613 352 544-5240/Fax 352544-0599 CITRUS, HERNANDO, PASCO PINELLAS COUNTIES St. Petersburg Times 490 1ST Avenue S St. Petersburg, FL 33701 813 893-8358/Fax 813892-2209 HILLSBOROUGH, CITRUS, LAKE, & PASCO COUNTIES Tampa Tribune P.O. Box 191 Tampa, FL 33601 813 259-7585/Fax 813259-7392 POLK COUNTY Tampa Tribune - Polk Edition 223 S Florida Avenue Lakeland, FL 33801 941 683-6531/Fax 941 686-8397 HILLSBOROUGH La Gaceta 3210 E 7th Avenue Tampa, FL 33605 813 248-3921/FP\X 813 247-5357 SARASOTA COUNTY Sarasota Herald Tribune P.O. Drawer 1719 Sarasota, FL 33578 941 957-5160/Fax 941 957-5235 LEVY COUNTY Levy County Journal P.O. Box 159 Bronson, FL 32621 352 486-2312 42.00-039 (Rev 05101) . CHAPTER 50, FLORIDA STATUTES . LEGAL AND OFFICIAL ADVERTISEMENTS 50.011 Where and in what language legal notices to be published. 50.021 Publication when no newspaper in county. 50.031 Newspapers in which legal notices and process may be published. 50.041 Proof of publication; uniform affidavits required. 50.051 Proof of publication; form of uniform affidavit. 50.061 Amounts chargeable. 50.071 Publication costs; court docket fund. 50.011 Where and in what language legal notices to be published.- Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to be and to have been, and the rule of interpretation is and has been, a publication in a newspaper printed and published periodically once a week or oftener, containing at least 25 percent of its words in the English language, entered or qualified to be admitted and entered as 1second-class matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of valup to the general public. History.-s. 2, ch. 3022,1877; RS 1296; GS 1727; s. 1, ch. 5610,1907; RGS 2942; s. 1, ch. 12104, 1927; CGL 4666,4901; s. 1, ch. 63-387; s. 6, ch. 67-254. 1Note.-Redesignated as "Periodicals" by the United States Postal Service, see 61 F.R.10123-10124, March 12, 1996. Note.-Former s. 49.01. 50.021 Publication when no newspaper in county.- When any law, or order or decree of court, shall direct advertisements to be made in any county and there be no newspaper published in the said county, the advertisement may be made by posting three copies thereof in three different places in said county, one of which shall be at the front door of the courthouse, and by publication in the nearest county in which a newspaper is published. History.-RS 1297; GS 1728; RGS 2943; CGL 4667; s. 6, ch. 67-254. Note.-Former s. 49.02. 50.031 Newspapers in which legal notices and process may be published.- No notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county or municipal, or sheriff's, guardian's or administrator's or any sale made pursuant to any judicial order, decree or staMe or any other publication or notice pertaining to any affairs of the state, or any county, municipality or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 1 year and shall have been entered as 1second-c1ass mail matter at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with the provisions of this section. Proof of such publication shall be made by uniform affidavit. History.-ss. 1-3, ch. 14830, 1931; CGL 1936 Supp. 4274(1}; s. 7, ch. 22858, 1945; s. 6, ch. 67-254; s. 1, ch. 74-221. 1Note.-Redesignated as "Periodicals" by the United States Postal Service, see 61 F.R.10123-10124, March 12,1996. Note.-Former s. 49.03. 50.041 Proof of publication; uniform affidavits required.- (1) All affidavits of publishers of newspapers (or their official representatives) made for the purpose of establishing proof of publication of public notices or legal advertisements shall be uniform throughout the state. (2) Each such affidavit shall be printed upon white bond paper containing at least 25 percent rag material and shall be 8Y2 inches in width and of convenient length, not less than 5Y2 inches. A white margin of not less than 2Y2 inches shall be left at the right side of each affidavit form and upon or in this space shall be substantially pasted a clipping which shall be a true copy of the public notice or legal advertisement for which proof is executed. (3) In all counties having a population in excess of 450,000 according to the latest official decennial census, in addition to the charges which are now or may hereafter be established by law for the publication of every official notice or legal advertisement, there may be a charge not to exceed $2 for the preparation and execution of each such proof of publication or publisher's affidavit. History.-s. 1, ch. 19290, 1939; CGL 1940 Supp. 4668(1}; s. 1, ch. 63-49; s. 26, ch. 67-254; s. 1, ch. 76-58. Note.-Former s. 49.04. 50.051 Proof of publication; form of uniform affidavit.- The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows: 42.00-039 (Rev OSl01) . . STATE OF FLORIDA COUNTY OF Before the undersigned authority personally appeared , who on oath says that he or she is of the , a newspaper published at in County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was published in said newspaper in the issues of Affiant further says that the said is a newspaper published at , in said County, Florida, and that the said newspaper has heretofore been continuously published in said County, Florida, each and has been entered as 'second-class mail matter at the post office in , in said County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this day of , 19_, by ,who is personally known to me or who has produced (type of identification) as identification. _(Signature of Notary Public)_ _(Print, Type, or Stamp Commissioned Name of Notary Public)_ _(Notary Public)_ History.-s. 2, ch. 19290, 1939; CGL 1940 Supp. 4668(2}; s. 6, ch. 67-254; s. 1, ch. 93-62; s. 291, ch. 95-147. 'Note.-Redesignated as "Periodicals" by the United States Postal Service, see 6t1 F.R. 10123-10124, March 12, 1996. Note.-Former s. 49.05. 50.061 Amounts chargeable.- (1) The publisher of any newspaper publishing any and all official public notices or legal advertisements shall charge therefor the rates specified in this section without rebate, commission or refund. (2) The charge for publishing each such official public notice or legal advertisement shall be 70 cents per square inch for the first insertion and 40 cents per square inch for each subsequent insertion, except that: (a) In all counties having a population of more than 304,000 according to the latest official decennial census, the charge for publishing each such official public notice or legal advertisement shall be 80 cents per square inch for the first insertion and 60 cents per square inch for each subsequent insertion. (b) In all counties having a population of more than 450,000 according to the latest official decennial census, the charge for publishing each such official public notice or legal advertisement shall be 95 cents per square inch for the first insertion and 75 cents per square inch for each subsequent insertion. (3) Where the regular established minimum commercial rate per square inch of the newspaper publishing such official public notices or legal advertisements is in excess of the rate herein stipulated, said minimum commercial rate per square inch may be charged for all such legal advertisements or official public notices for each insertion, except that a govemmental agency publishing an official public notice or legal advertisement may procure publication by soliciting and accepting written bids from newspapers published in the county, in which case the specified charges in this section do not apply. (4) All official public notices and legal advertisements shall be charged and paid for on the basis of 6-point type on 6-point body, unless otherwise specified by statute. (5) Any person violating a provision of this section, either by allowing or accepting any rebate, commission, or refund, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Failure to charge the rates prescribed by this section shall in no way affect the validity of any official public notice or legal advertisement and shall not subject same to legal attack upon such grounds. History.-s. 3, ch. 3022,1877; RS 1298; GS 1729; RGS 2944; s. 1, ch. 12215, 1927; CGL4668; ss. 1,2, 2A, 2B, ch. 20264,1941; s. 1, ch.23663, 1947;s. 1,ch.57-160;s. 1, ch.63-50; s. 1,ch. 65-569; s. 6, ch.67-254;s. 15, ch. 71-136; s. 35,ch. 73-332;s. 1, ch. 90-279. Note.-Former s. 49.06. 50.071 Publication costs; court docket fund.- (1) There is established in Broward, Dade, and Duval Counties a court docket fund for the purpose of paying the cost of the publication of the fact of the filing of any civil case in the circuit court in those counties by their counties by their style and of the calendar relating to such cases. A newspaper qualified under the terms of s. 50.011 shall be designated as the record newspaper for such publication by an order of a majority of the judges in the judicial circuit in which the subject county is located and such order shall be filed and recorded with the clerk of the circuit court for the subject county. The court docket fund shall be funded by a service charge of $1 added to the filing fee for all civil actions, suits, or proceedings filed in the circuit court of the subject county. The clerk of the circuit court shall maintain such funds separate and apart, and the aforesaid fee shall not be diverted to any other fund or for any purpose other than that established herein. The clerk of the circuit court shall dispense the fund to the designated record newspaper in the county on a quarterly basis. The designated record newspaper may be changed at the end of any fiscal year of the county by a majority vote of the judges of the judicial circuit of the county so ordering 30 days prior to the end of the fiscal year, notice of which order shall be given to the previously designated record newspaper. (2) The board of county commissioners or comparable or substituted authority of any county in which a court docket fund is not specifically established in subsection (1) may, by local ordinance, create such a court docket fund on the same terms and conditions as established in subsection (1). (3) The publishers of any designated record newspapers receiving the court docket fund established in subsection (1) shall, without charge, accept legal advertisement for the purpose of service of process by publication under s. 49.011 (4), (10), and (11) when such publication is required of persons authorized to proceed as insolvent and poverty-stricken persons under s. 57.081. History.-s. 1, ch. 75-206. NAME OF NEWSPAPER Published (Weekly or Daily) (Town or City) (County) FLORIDA 42.00-0351 IRRV 0510' \ . . EXHIBIT "An 1. All activities shan be Implemented ~s set forth In the plans, specifications and performance criteria as approved by this permit Any devIation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permIt. . 2. ThIs permit or a copy thereof, complete with all condItions, attachments, exhibits, and modifications, shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by DIstrict staff. The Pennlttee shall requIre the contractor to review the complete permit prior to commencement of the activIty authorized by this permit., . 3. Activities approved by this permit shall be conducted In a manner which does not cause violations of state water quality standards. The Permittee shall Implement best management practices for erosion and a pollution control to prevent violation of state water quality standards. Temporary erosion control shall be Implemented prior to and dUring construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and maintained at all locations where the possibility of transferring suspended solids Into.the receiving waterbody exists due to th~ permitted work. Turblplty barriers shall remain !n place. af all locations until construction Is completed and. solis are stabilized and vegetation has been establfsh~d. Thereafter the Permittee shall be responsIble for the removal of the barriers. The Permittee shall correct any erosion or shoaling that causes adverse Impacts to the water resources. 4. Water quality data for the water dIscharged from the Permittee's property or into the surface waters of the state shall be submitted to the District as required by the permit Analyses shall be performed according to procedures outlined In the current edition of Standard Methods for the Examination of Water and Wastewater by the American Public Health Association or Methods for Chemical Analyses of Water and Wastes by the U.S. . Environmental Protection Agency. If water quality data are required, the Permittee shall provide data as required on volumes of water discharged, Including total volume discharged during the days of sampling and total monthly volume discharged from the property or Into surface waters of the state. 5. District staff must be not/fled In advance of any proposed construct/on dewatering. If the dewatering activity Is likely to result In offslte discharge orsedlmenttransport Into wetlands or surface waters, a written dewatering plan must either have been submItted and approved with the permit application or submitted to the District as a permit prior to the dewatering event as a permit modification. A water use permit may be required prior to any use exceeding the thresholds In Chapter 40D-2, F.A.C. . 6. . Stabilization measures shall tie Initiated for erosion and sediment control on disturbed. areas as soon as practicable In portions of the site where consttuctlon" actlvltles.have temporarily or permanently ceased, but In no case more than 7 days after the construction activity In that portion of the site has temporarily or permanently ceased. . 7. Off-site discharges during construction and development shall be made only through the facilities authorized by this permit Water discharged from the project shall be through structures having a mechanism suitable for regulating upstream stages. Stages may be subject to operating schedules satisfactory to the District. . .. .__._..... .'. ..... .., _._ _'_' .0......... ........_.. _..._...._..._.....__..#u. 0.'.'" ....-.-....-.. B. The Permittee shan complete construction of all aspects of the surface water management system, Including wetland compensation (grading, mulching, planting), water quality treatment features, and discharge control facilities prior to beneficial occupancy or use of the development being selVed by this system. . " 44.DO-ll23 (ll71DS) ERP General Conditions Individual, Standard General, Minor Systems Page 1 of3 14. 15. 16. 17. 4-C.Dll-lIZJ (OTIDS) . . 9. The foll~wlng shall be properly abandoned and/or removed In accordance with the applicable regulations: a. Any existing wells In the path of construction shall be properly plugged and abandoned by a licensed well contractor. b. Any existing septic tanks on site shall be abandoned at the beginning of construction. c. Any existing fuel storage tanks and fuel pumps shall be removed at the beginning of construction. All surface water management systems shall be operated to conserve water In order.to maintain environmental quality and resource protection; to Increase the efficiency of transport, application and use; to decrease waste; to minimize unnatural runoff from the property and to minimize dewatering of offslte property. At least 48 hours prior to commencement of activity authorized by this permit, the Permittee shall submit to the District a written notification of commencement Indicating the acty'al start date and the expected completion date. . Each phase or Independent portion ofthe permitted system must be completed In accordance with the permitted plans and permit condItIons 'prior to ttle occupation of the site or operation of site Infrastructure located within the area served by that portion or phase of the system. Each phase or Independent portion of the system must be completed In accordance with the pennltted plans and permit conditions prior to transfer of responsibility for operation apd maintenance of that phase or portion of the system to a local government or other responsible entity. . 10. 11, 12. 13. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate Individual . as authorized by law, utilizing the required Statement of Completion and RequestforTransferto Operation Entity form Identified In Chapter 400-1, F A.C. Additionally, If deviation from the approved drawings are discovered during the certification process the certification must be accompanied by a copy of the approved permit drawings with deviations noted. This permit is valid only for the specific processes, operations and designs Indicated on the approved drawings or exhibits submitted In support of the permit application. Any substantial deviation from the approved drawings, exhibits, specifications or permit conditions, Including construction within the total land area but outside the approved project area(s), may constltute grounds for revocation or enforcement action by the District, unless a modification has been applied for and approved. Examples of substantial deviations Include excavation of ponds, ditches or sump areas deeper than shown on the approved plans. The operation phase of this permit shall not become effective until the Permittee has complied with the requirements of the conditions herein, the District determines the system to be In compliance with the pe'nnltted plans, and the entlty approved by the DIstrict accepts responslblllty for operation and. maintenance of the system. The permit may not be transferred to the operation and maintenance entity approved by the District until the operation phase of the permit becomes effective. FollOWing Inspection and approval of the permitted system by the District, the Permittee shall request transfer of the permit to the responsible operation and maintenance. entity approved by the District, If different from the Permittee. Until a transfer Is approved by the District, the Permittee sha~1 be ~Iable for compliance with the tenns of the permit : . .;-" .-:. -........,.~. ,": -:"..:'..:.. _::..._"...0..:.-_"0_.:. .. .0' ....... ...:.... ." Should any other regulatory agency require changes to the permitted system, the District shall be notified of the changes prior to 'lmplementatlon so that a determination can be made whether a permit modification Is required. This permit does not eliminate the necessity to obtain any re-qulred federal, state, local and special ~istrlct authorizations Including a determination of the proposed activities' compliance with the applicable comprehensive plan prior to the start of any activity approved by this permit ERP General Conditions Individual. Standard General. Minor Systems Page 2 of 3 . . 18. ThIs permIt does not convey to the PermIttee or create In the PermIttee any property right, or any Interest In real property, nor does It authorize any entrance upon or activities on property which Is not owned or control/ed by the Permittee, or convey any rights or privileges other than those specified In the pennlt and Chapter 400-4 or Chapter 400-40, F.A.C. 19. The Permittee Is hereby advised that Section 253.77, F.S., states that a person may not commence any excavation, construction, or other activity Involving the use of sovereign or other lands of the state, the title to which Is vested In the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the Permittee Is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other. state-owned lands. 20. The Permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the activitIes authorized by the permit or any use of the pennltted system. . . 21. . Any delineation of the extent of a wetland or other surface water submitted as part of the permIt application, Including plans or other supporting documentation, shall not .be, conslder:ed binding unl.ess a specific condition of this permit or'arormal determlhatlon under section 373A21 (2), F.S., 'provldes otherwise;' . ' . 22. The Pemlttee shall notify the DistrIct in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the permltt~d system or the real property at which the permitted system Is located. All . transfers of ownership or transfers of a permit are subject to the requirements of Rule 400-4.351, F .A.C. The Permittee transferring the permit shall remain liable for any corrective actions that may be required as a result of any permit violations prior to such sale, conveyance or other transfer. 23. Upon reasonable notice to the Permittee, District authorized staff with proper Identification shall have permission to enter, Inspect, sample and test the system to insure conformity with District rules, regulations and conditions of the permits. 24. If historical or archaeologIcal artifacts are discovered at any time on the project site, the Permittee shall Immediately notify the DIstrict and the Florida Department of State, Division of Historical Resources. 25. The Permittee shall Immediately notify the District In writing of any previously submItted Information that is later discovered to be inaccurate. . -. . . - _.~. .. .. .... - .' -. .. .. 44.00-023 (D7/DS) ERr' General Conditions Individual, standard General, Minor Systems Page 3 of3 . PART n HEARINGS INVOLVING DISPUTED ISSUES OF MATERIAL FACT 28-106.101 Initiation of Proceedings. (1) Unless otherwise provided by statute, initiation of proceedings shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document that requests an evidentiaxy proceeding and asserts the existence of a disputed issue of material fact. Each petition shall be legible and on 8 Yz by 11 inch white paper. Unless printed, the impression shall be on one side of the paper only and lines shall be double-spaced. (2) All petitions filed under these roles shall contain: (a) The name and address of each agency affected and each agencys file or identification number, ifknown; (b) The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation ofhow the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific roles or statutes the petitioner contends require reversal or modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. (3) Upon receipt of a petition involving disputed issues of material fact, the agency shall grant or deny the petition, and if granted shall, unless otherwise provided by law, refer the matter to the Division of Administrative Hearings with a request that an administrative law judge be assigned to conduct the hearing. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action. (4) A petition shall be dismissed if it is not in substantial compliance with subsection (2) of this role or it bas been untimely f1led. Dismissal of a petition shall, at least once, be without prejudice to petitioner's filing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured. (5) The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall state the deadline for filing an amended petition if applicable. Specific Authority 120.54(3), (5) F.S. Law Implemented 120.54(5), 120.569, 120.57 F.S. History-New 4-1-97, Amended 9-17-98. . PART ill PROCEEDINGS AND HEARINGS NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACf 28-106.301 InJtiatiOD of Proceedings (I) Initiation of a proceeding shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document which requests a proceeding. Each petition shall be legible and on 8 Yz by 11 inch white paper or on a form provided by the agency. Unless printed, the impression shall be on one side of the paper,only and lines shall be double-spaced. (2) All petitions filed under these rules shall contain: (a) The name and address of each agency affected and each agency's file or identification number, ifknown; (b) The ruuile, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation ofhow the petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (e) A statement of the specific roles or statutes the petitioner contends require reversal or modification of the agency's proposed action; and (f) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. (3) If the petition does not set forth disputed issues of material fact, the agency shall refer the matter to the presiding officer designated by the agency with a request that the matter be scheduled for a proceeding not involving disputed issues of material fact. The request shall be accompanied by a copy of the petition and a copy of the notice of agency action. (4) A petition shall be dismissed if it is not in substantial compliance with subsection (2) of this Rule or it has been untimely filed. Dismissal of a petition shall, at least once, be without prejudice to petitioner's filing a timely amended petition curing the defect, unless it conclusively appears from the face of the petition that the defect cannot be cured. (5) The agency shall promptly give written notice to all parties of the action taken on the petition, shall state with particularity its reasons if the petition is not granted, and shall . state the deadline for filing an amended petition if applicable. Specific Authority 120.54(5) F.S. Law Implemented 120.54(5), 120.569, 120.57 F.S. History-New 4-1-97, Amended 9-17-98. 42.00-028 (10/99) . . COMMUNITY DEVELOPMENT CODe FLEXIBILITY CRITERIA A. Attached dwellings. 1. Height - 30 in height 2. NO , is not contiguous to a parcel which is designated low density residential 3. Parking to attached Dwellings are two (2) car garage. . ! . , f I I II Ii ; ... i '" I Ii !I I ! ... Ii t:I a ... ... (E II ~=~II==J -~~ . ~ I -j ~ R -- I ~ -- ~ W J , i~ ~ i ~ I P !!I"j. i ~ li~ I. & ~q i i 'II Il~ H5;,: t J I i:.I.aI a I .. n. t Ii I ' -k~lQ 10 .::.__~ ~ II: ~ I or IbaigDen .~ . . !i ~Il: ":~ ~ ---------------------------- IliI.UAZR IIaAD --- m ; H;;i;' ,:11Ilfi 'if' I: ! i il, Ii I! ~ · I &l!IIJij~il' i'= I I .~ ')Ii~..... I . ..... 'I' LAIaiI:.AN fUN a~ IIELl..UIR OAI(S TCIllN<<IfES Kl..-T -- - --- ~~ -~~~ 10 ~ ~& . . Signage Existing Signage: 2 Signs 1 st Sign: Area - 4' X 4' = 16 sq. ft Height - 8ft 6in Will be removed 2nd Sign: Area - 4' X 4' = 16 sq. ft Height - 8ft 6in Will be removed Proposed Sign: None are Proposed - . ~ . .' ',. - '. - ".. ..-- /""'- " CI~rY OF CLEARWATER PlANNING DEPARTMENT PO$'!' OFFICE Box 4748, CLEARwJ\w:, Fl.OklDA 33758-4748 MUNlC:IVhL SERVICES BUIl,DING, 100 Soum My\(I'I,E AVENUE, CU~"kWA.TER, FLORJOA 33756 TELEPHONE (127) 562-4567 fAX (727) 562-4576 LONG RANGE PLANNING DEVELOPMI(l\oT REvIEw HOUSING DMSlON NEIGHBORHOOD SERVICES October 10.2001 Mr. Timothy A. Johnson, Jr.. Esquite Johnson, Blakely, Pope, Bokor. Ruppel & Burns, P.A. 911 Chestnut Street Clearwater, Florida 33756 RE: Development Order regardirl g case FLS 01-03-14 at 2492 Belleair Road Dear Mr. Johnson: This letter constitutes a Develo~'ment Order pursuant to Section 4-202 E of the Community Development Code. On April 12, 2001. the DeveJopn1ent Review Committee (DRC) reviewed your application for Flexible Standard Development approval to permit attac:;h,ed dwellings'm the MDR, Medium Density Residential District. The prop'os~l includes ,13, dwelling units"totaling 19,980 sqliare feet lOCated' within two. two-st<;Jry buildings 29 feet in overall' height. The buildings will be finished in a Mediterranean~style architecture including a sand-col.)red, stucco exterior and terra cotta-stylej asphalt shingles. The DRC unanimously recommended approval of the application with the following five conditions: I. That a Pinellas County right-of-way access permit be secured prior to issuance of building permit; 2. That a Transportation Impact Fee (TIF) of $953 per unit be paid prior to the issuance of the first Certificate of Occupancy; 3. That a preliminary plat be filed with the City of Clearwater and that a tinal plat be filed with Pinellas County. prio~' to the issuance of the first Certificate of Occupancy; 4. That the Open SpacelRecreatioll Impact fee of $9,991.16 be paid prior to City prior to issuance of a building pertnit; and 5. That all signage comply with G:>de through requisite building permits. ~, concur ~ith, the .findings,"Of the Development Review Committee and, through'this letter;, (.aPPJ.:!'ve. YOllt, applicatiort for Fle'xible Standard 'DevelQPJ'tienr Wi~.. th~ :fiy~: conditions"as ~tated above: .,. ,. " , , ,,'. :; '. . '. ..t. ." 'r. "'1 " . . . . . ." ",. ... ~ ...,. & . .. Bm \N J. Al \I'J(;~"T. M^,I'ON-CO~Ml:;SI(lN!:1l En HhRT. VItI'; /l.1AYOR-COMMIS~)OtlHl( WIlITNEY G~Y. C()MMl~:'IO"l'.1l HoYf H^"IU:I'ON, COMMIS'i)ON!:){ * BlIJ..l()N~\II:, C(JM~II~~I()I'JJ:R SBZ-~ 60/Z0'd LSS-1 Ll9BlvvLZH A13~V18'NOSNHor-WOJ~ WdSI:ZI EO-SI-IO . CITY OF CLEAav A TER APPLICATION FOR SITE PLAN APPROVAL PLANNING & DEVELOPMENT SERVICES ADl\1INISTRATION MU~lQll1.A.L &:.I2nVlC);:1;: :tJUILDIN'O, 100 SOUTH MVIlTLI! AVnt-ruB, z,.... PLoO:K PHONE (727)-562-4567 FAX (727) 562~4576 This form must be submitted for all applications for resIdential USes, accessory US0S, nonresldel1tial uses, fences, Signs, vested rights, development agreements, ;eawalls, docks, marinas and other marinE! structures and home occupations, APPLICANT, PROPERTY OWNER, AND AGEN'r INFORMATION: APPLICANT NAME: Belleair Townhouse Partners, InC. MAILING AODRESS 55~4 Park Boulevard, P inellas Park, FL 33781-3326 PHONE NUMBER (727) 544-1403 FAX NUMnER : (727) 541-6187 Bel1eair 'Ibwnhouse Partners, Inc. PROPERTY OWNERS (List all owtlers) A.GENT NA.ME : Tirrothv A. Job;ns.~, Jr., ~ Johnson, Blakely, et. a1 MAILING ADDRESS Po O. 'FInX' 1 1FiR, ..., @l;::l'r"IA1;lt:~'1':" , 1<1, 337S7-1:168 PHONE NUJVln~R : (727) 461-1818 FAX NUMBER : (727) 44l~86l7 PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 2492 Belleair lb9.d and vacant parcel (no address) LEGAL DESCRIPTION: See ~i t "A" .;!.ttached. PARCEL NUMBER: 19-29-l6-00000~430~O900 and 19-29-16-00000-430-1000 PROPOSED USE ANb SIZ!:~ 13 Townhones - d~ls shown on site plan (number of dwelling units. hotel! ooms or square footage of "onresidentieluse) SiZe: OF SITE: 1. 77 acres OEscRIPTION OF REQUEST: Pequ.est for site plan app:rovall accorrpanying annexation and re<l:oning request. xx bot::.S THIS APPLICATION INVOLVE THE TRANSFER OF DE'/ElOPMENT RIGHiS? YES - NO - I. the undersigned. acknowledge that all STATE OF FLORIDA, COUNTY OF PINELLAS representations made in this application Swom to and subscribed before me this 21st day of are true and accurate1to the best of my March , A.D.. We. 2001 to me and/or knowledge. I by Tirrothy A. Johnaon, Jr. . who is personally kl10wn has produced as "~J--;/7 identification, t. 1 ... - ~ ~ Sig~~re o( propertR9.wn~orrQprescT'\talive .6~~.~:'~Y~t"'< JaynO t Sears Tirrothy A. Johnson, Jr., Esqub:e my commls!iion expires: ~.i:A ';.~ MV WMMISSION /I CC646n5 EXPI~~S ,~:,_ r ;-,'';~ SeDtemberl. 2001 .~. ... FOR PLANNING OFFICE USE ONLY: 319'8 LAND USE D!STRICT OF PARCEL: ZONING: FUTU~e OESIGNATION: ZONING CLASSIFICATION OF ADJACENT PARCELS' NOR--H~ SOUTH: EAST' WEST FUTURE LAND USE CLASSIFICATION OF ~O~ACENT PAF eELS. NORTH: saUTI-I- EAST' WEST: ]"' r cJ' C) - , C \.f I - -t s: ~ppliC3tlon formsJdevclopm~nl rcvil2wlbosic ilIpplleallon.doc 9BZ-~ 60/EO'd 199-1 H9BlvvHH A'3~V'8'NOSNHor-WOJ~ Wd91:Z1 EO-91-10 ", . EXHIBIT,A J . PARCEL' I: The East' 100 feet of the South 400 feet of the East 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 19, Township 29 South, Range 16 East. Plnello9 County, . Florida, U:SS the South 50 feet thereof for right-of-way purposes. . . . . . . .' PARCEL IL: The South 400 feet of the East 1/4 of the Southwest. 1/4 of thfl.';.SolJtheast '1/4 of Section 19,. Township 29 South, Range 16 EClst, LESS, the South 303. teet for'. road, and:also LESS.. . the East 100 feet thereofj also LESS the West 110 feet thereof. olso LESS the po.rt. deeded to Plnellos County in Deed Book 1495, Page 321, for right-of-way purposes,. PUblic "Records of ..' Pinellos County, Florida, per Agreement for Deed recorded in O.R. Book 1517, Page 518, PubUe . Records of Pinellas County. Florida. (furnished Legal Description) . 5BZ-~ 60/vO'd l55-1 1I9BlvvLZl+ ^13~V18INOSNHor-WOJ~ Wd91:Z1 EO-51-10 R'\l""'f1 '''~ t...~.u ...I....dn..... .1_1'.4 .".....lODlll. ......, ~ . . ROBERt N. ALntAN, . __ 5628 Main Street New port Richey, FL 34652 ?"DCl.'" "ppr:il...r. '.IO.I"l'd.ntllI~.III. tP*,Ue Nwnbtrf(.I); 19/Z9/16/00000/430/0900 Gr...'..l'18.S. il_l E. .j <3 f .. .. oJ 1 'p.1,GE~ ~ I.CC'l" , ::~~"'T . '" ;)(,)Ii. . 19 ~--~ )S 1)ll21~ Jj.'q5~P.. :>G ____.._- IN! ~ES ~TF ?(; lilY . T~:Ii lntlrvm.nt pr.DJlIr.d by: LAW OfFICES OF J~S J, ALTMAN AddIl'9nl 'OZO 1'1s-il..u. i~H:::.r..'C. N~w Fort Richey, fL 34652 00-247824 ~UG-17-2COO 11:05~ P1NELL~; CO BK 11018 PG 253 \ \llll iii lUIllD lIB 1lllll1l\l1llt 1111 - .X ~~J.l!OV1!'IH'!LINEIOJ.I'I\a<;~CD^T" . ~ACE MOvl!"fHl'l ~..f 10' ,~olfl!"'G \lATA mitis ~lttt'mrl1J :!flE2.h~ Mad!: (he ~ day of AUgl,lB t . ii 2000. by The first Baptist Churcb of Nev Port Richey, a Florida noe-for-profit Corporation hel'f.inl1jler called the Gl'01ltt:Jr, tQ Ilel.leair Townhouse l'artncrs, In':, whose p05t office addnss i~ j514 Park Blvd., p:I.~ellas P:;l1:k, FL 33781 Jlerei/lC.fter catted the Grantee. (\"t?4Ir.wr It.... her.tn iI'. ~~ . :..MC~ an4 .~IM. ~.. ai do.. ,..'" lit tWit ~~ .... th_........ ~ ...,...~ttHl,. .~ .nll.-' vi' hdt-klu.". ..... d.t. 'Kepi"'" ..... WAif" of~'" ~,- u.. lI:ant.x\ ..~ Mt..... 111,.....,......1 {Jlld other sell., r:1Ien.s. rem[.es. " ~t:mn:!5n1r. Tllat the Grl171lo", (or Gild in c;Oruitfuattoll oltM SlD7l of $ 135,000.00 valuable considerotio1lS. ,.eceipt whe:"eof i:i hg,.eby tJcTatQwledged. hereby grQnt:. bOl'fains, releases. conVey3 and ccmfil'1tt$ unto th! Granlee all t/lat certain land. sjlTitJte in P Lnellas County, St(J1e of Florida , vi:;: PARCEL X: the East 100 feet of the South 400 fget of the East 1/~ of the Southwest 1/4 of the Southeast 1/4 of Seet~ott 19, Township 29 South. RaDge 16 East, Pinellas County, Florida, LESS the Soutn 50 feet thereof for right-of-way pu~oses. PAlCEL II: the Soutn 400 feet of the East 1/4 of the Sout~Jcst 1/4 of the southeast 1/4 ot Sect~on 19. TO~8hjp z9 South. Range 16 East. LESS tbe South 33 feet for road; and also LBSS the E~~t 100 feet thereof; a~d also LESS the West 110 feet thereof; also LESS that p~rt deeded to Pinellas County in Deed Book 1495, page 321 for r~ght-of-way purposes, Public Reeords of P1nellas Cou~ty, florida, '{D:Dgd!t.er. \11[/11 all the leneme1lU. heredltame71lS and apfNl'tenant:eS rlle,.,to belonging 0" in a1lywise dpperralTling. 'm.a ~ mUr h:r ~lli, the f(17ne in fee simplefDreve". ~ the GrantQ/' hereby cC1'Iellantl wilJi.said granlee that the granto,. II la",,{ully sei:ed of said land in lee Simple,' lirat Ihe grontQr has good dgill and jaW/ill aUI],oriry to 51:11 and c;Onvey sa[t! la.off. ant11u;reby v,/(JI'I'anlS :ha tille 10 said lalld alld will defe1/d the some agab'st the [awjill claims of all pencIlS ,.,llomso':rVe,.: {Jnd rllat said lancl Is fret of all ~llmbrrJJtCes, ~cepf t(1:1:e:i aCcnIing subsequent to DecembB,. 31. 1t9' 2000 ~Jt ~thm~~ ~erfil'f. lilt said G,.antor has ;rfglle4 and Jealed Ihese presellts .he day and )lea" fim above writtslI. a_twe (II tD lb. al~"') r~nk A. EBpO~ito PdnJ{)lI'UM ;~ ,e. ~ \V'1ID6.t 3llnataza (td ta I'l.dt GtID Rutb R. Espoeieo r........loIiIlI4 ~f-~~ (JnalDI'3I1ahtn: Robert N. Altm~n as Truseee toriMtd )4.... 56Z8 Main St.. ~~v Port Rfr.hev. FL 14~S Pot1 omc. A......... llDa.. t.. t6 <:~w.lr:ury) frank A. Esposieo ._~ . p...~ WKDd'Slpaturt(.:laCt-O~1'I .lruy) Ruth R. Es~o~1ro i'ntlIt'd "l.ama J-~_~-7/~ ~lvde l't'lden~ Clerk ,,,,.Hll'I_ 6561 C1~ele Blvd., ~ew Port Ricbev, FL hM: ORlot A_at 34652 F",~eo I h....\.y Certify 11.01 o.lIli, J.y. bet.", me. on ..f1icer dilly .ulbori~d '0 ~dm1itist~r o~hs a.nd t::llte ac:kft~led,rnc'hts:. r~~atl~ny nppc:sred STATF. OF COtJNTy OF Florida. ~t N. ^1tm~~e and Clyde kllown Lo /l'Ie 10 b~ lh- pe"'on~ dCJc"b.d in .nd .....ho ClIecuI,d I~e "''''''. .od on oolh "'AO nOL l.k.., (Chee~ 0..:1 type of idenlif';c.tJon: Underwood, Clerk _ 1..1 Ihe foreSoing 'DStrUlmnl, wlw ..k.owlcd~ed bero'" m. Ib.1 they id P"~o'(s) i:J.fO p....ohlllly kno."oIO =.0 :;lid po~ft(:l provided lh. rollowin. I NC"~.V RUDlrk STAMr !'.o!)oL ml>'.d orvl o(r.<iol,cnl in Ill. couoly and Sl.lft 1.,1 . (or...id 111:. ~~~ NKJf:'" 'RE"AJ b. :?wJ9n"r;1!b Prillfc:d t'l0l1l')' Silrpturc W~~"..~.. Kdl'tft I). SWdfferd ~,. .~ MYCO~~" CCJ97981 EXpt~ - . .; - jQ1luoy 16. 2004 .. .iff.~'" BO!IO!lItI'lIUtvon'IAtljllmJUl/Ct'loIC. 0.: " OJ SSZ-~ 60/50.d L55-! L19S 1;;LZH A13~VlaJNOSNHor-WOJ~ Wd91:Z1 EO-5l-l0 lL't. 1l1:44 F.'\.,{ 7:1.7 4.1311 ICmrn~~B~i:iAR.ATER AFFIDAVIT TO AUTHOlUZE AGENT PLANNING & DEVELOPMENT SERVICES ADl\1INlSTRATION MUNICIPAL SERVICES :J3lJlI.DJNG, 100 SOUTH MYRT:I.;E A~. 2" FLOOR PHONE (727)-562-4567 FAX: (727) 562-4576 VlJon~ , 1).1" ;:: I) II) 1 STATE OF FLORIDA COUNTY OF PINELLAS :BELLFAIR ~USE 1'AR'I'NERS 1 Il\tC. .. (N)1lT1C off all property owners) 1. That (I amlwe are) the owner(s) and rel;ord title holder(s) of the following described property: ADDRESS OP, GENel=!AL LOCATION: 2492 Belleair Ibad, Clear;wate.r PaLCel Nos, 19-29-16-00000-430-0900 and 19-29-16-00000-430-1000 2. That this property constitutes the property for which a request for a: Annexation and zoning change to MI>R, site plan approval (Nalun, of request) 3. That the undersigned (has/have) appointed and (does/do) appoint Tinl:lthy A. Johnson, Jr. 1 Esquire ;;1$ (nl$ltl1eir) <lQcnt(s) 10 execute any petitionli or IJtner docur1ern!'; nQC~ to affect :aUl>tl peQtion; ,~. That this affidavit has been executed tet induce the City of Clearwater. Florida to consider and act on the above described property; '..'. That (1/we), the undersigned authority. hereby certify that the foregoing is true and correct. -~ By: ~. STATE OF' FLORIDA, COUNTY OF PINELL.../\:;:' Sworn to and subscrib'i:d before me this ~,1,,(. day of {\-~o.rc'r'1 . A.D.. j:.g.;":.';) 1 to me ,~nd/or by . who is persor1<'lll, k.no as wn has produced t--". \,., . ~ . - identification. I~ 1% MY COMMISSION, CC 965188 JI~I .'" EXPIRES: Septem/lI!r 5, 2004 .1lI"'- ~ 'fbru NoIllry ~ u....'MiltlS ~c . -0 (ProP@rty Owner) Slx:Y . ( -'. .~ \. . ~ .: J'. "..J.. ,No I ) \, y ~'. .'-4.' ., .. . J J\ ~IGNeo (Property Owner) NQtaty pUblic:. My COlT1misslon llXDires: . i- .' . .l'~ 98Z-~ 60/90'd 199-1 H98lvvLZH ^'3~V'8'NOSNHor-WOJ~ Wd91:Z1 EO-91-10 -----y' 01-1,5-03 12: 16pm FrDm-JOHNSONIBL~Y '-' +727441B617 ~ T-557 P.09/09 F-2B5 October 10, 2001 Johnson - Page Two Pursuant to Section 4-303, an application for a building pennit shall be made within one year of Fle;dble Standard Development approval (O.~tobeT 10, 2002). 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 succe:;sive owners. Please be aware that the issuance of this Development Order does not relieve you of the necessity to obtain any building permits or pay any impact fees that may be required. In order to facilitate the issuance of any permit or license affected by this approval, please bring a copy of this letter with you when applying for any permits or licenses that require this prior development approval. In addition, please be aware that an appeal of a Level One approval (Flexible Standard Development) may be initiated by a property owner 'lbutting the propeny which is the subject of the approval within seven days of the date th~ development order is issued. The filing of an application/notice of appeal shall stay the effect of the decision pending the final determination of the case. The appeal period for your case will expire on October 17,2001. If you have any questions, please do not hesitate to call Mark Parry, Planner at 562-4558. Sincerely, (}r~~ Cynthia H. Tarapani, AlCP Planning Director cc: Mr. Alberto Baraybar Surrounding property owners S:\Pla7l1ling f)fpanmfnN: J) B\SlandlJrd Flf).\1flflQCTive or Finished Ctm:Melleair 2492 Bt"ill:air Townhomes - APPfovetNJtl/eair 2402 DEVEWPMENr ORDE/~.doc PN10-0.1 CITY OF CLEARWATEaTTN: ENG PARCEL ID 19-29-16-00000-430-1000 PAZIP 00000 v p W V OWN~R'~ NA~~ AND ADDRESS BELLEAIR TOWNHOUSE PARTNERS 5514 PARK BLVD PJNELLAS PARK FL 33781 LOT SIZE ==> RES 34,848 SQ FT YEAR IMPROVEMENT 2000 0 SALE DATE AMOUNT ~UG. 2000 135,000 FEB. 1996 100 DEC. 1995 100 MKT YR BLDG LAND 47,600 ~ORTGAGE COMPANY . YRBLT/EFF FLRS TOT SQFT o IMPROVEMENT $ /SQFT 3.87 -- HEAT AVR 2.83 SQFT o PBOOK/PG G HL1JGS ::=;= 00 LEGAL DESCRIPTION E 100FT OF N 350FT OF S 400FT OF OF SE 1/4 OF SW 1/4 OF SE 1/4 CENSUS .00 NBHD 011 COUNTY 0.80 AC LAND ASSESSMENT AS/'fT YE1\R TAXES PD D 47,600 47,600 1.36 2000 1,059.54 Y N BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE 11018 253 U N MAR. 1991 148,000 7517 518 92 60 1030 '2C M MAR . 1 9 91 14 5, 60 0 7 51 7 513 9207 349 QC M DEC. 1989 146,000 7145 888 TOT VALU~ ~_w== LAND / PROPERTY USE ====~ HOMESTD 47,60J 00 290 OTHER RESIDENTIAL 0 AMOUNT DATE MTG TYPE RATE NUMBER SELLER'S NAME GEN REVIEW DATE HARRISON INDUSTRIES INC Ap/23/1998 gNTER=FWD Fl=DOCS F2=BLDG F4=TAX ~5=LGL 'f7=DIM ~Nl0 RECENT DEED PRESENT - F1~V[EW 59Z-~ 60/10-d 155-1 BLDG RE:VIEW DATE / I F8=XFEAT F13=SKTCH F6~COMP MENU RES 1199111121+ A'3~V'8'NOSNHor-WOJ~ wd91:Z1 EO-51-IO TX/FT 0.03 DT Q C M M LP N PN10-01 CITY OF CLEARWATER ATTN: ENG PARCEL ID 19-29-16-00000-430-0900 PAZIP 2492 BELLEAIR RD 33764 O"N~~.~ N~M~ AND ADD~~~~ V P W BELLEAIR TOWNHOUSE PARTNERS INC 5514 PARK BLVD PIN8LLAS PARK FL 33781 LOT SIZE =~> RES 41,817 SQ FT YEAR IMPROVEMENT 2000 14,400 SALE DATE AMOUNT AUG. 2000 135,000 FEB. 1996 100 DEC. 1995 100 MKT YR BLDG LAND 14,400 65,300 MORTGAGE COMPANY . . YRBLT!EFF FLRS TOT SQFT 1969 1972 0 G BLDGS == IMPROVEMENT 1 40 W.l\REHOUSE LEGAL DESCRIPTION W 120FT(S) OF E 220FT(S) OF N 350FT OF S 400FT OF SE 1/4 OF SW 1/4 OF SE 1/4 $!SQFT 0.00 ;::::= HEAT AVR 1_69 SQFT 960 PBOOK/PG CENSUS .00 NBHD COUNTY 0.96 AC LAND ASSESSMENT AS/FT YEAR TAXES PD 0 65,300 79,700 83.02 2000 1,774.07 Y N BOOK PAGE DT Q T SALE DATE AMOUNT BOOK PAGE 11018 253 U N MAR. 1991 148,000 7517 518 9260 1030 ':2C M MAR. 1991 145,600 7517 513 9207 349 QC M DEC. 1989 146,000 7145 888 TOT VALm~ =====: LAND / PROPERTY USE ===-== HOMESTD 79,700 30 329 NURSERY/FRUIT STAND/ETC. 0 AMOUNT DATE MTG ~'YPE RATE NUMBER SELLER'S NAME GEN REVIEW DATE fIRST BAPTIST CHURCH OF NEW P 01/01/1981 ~NTER=FWD E'l=DOCS F2=-BLDG F4=TAX E'5=LGL F7""OIM PN10 RECENT DEED PRESENT - F1=v:CEW 5BZ-~ 6o/Bo'd l55-1 BLDG REVIEW DATE 03/14/2000 f8~XFEAT F13~SKTCH F6~COMP MENU RES H9BlvvLZH A'3~v'e'NOSNHor-WOJ~ wd91:Z1 Eo-51-lo TX/FT 0.00 DT Q C M M LP N .. fI I f I 1 I l (American Land . a Modifications ---~---11 I I . ~ I I OWNER'S TITLE INS[fRANCE POLICY Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPU- LATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount ofInsurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipula- tions. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. &--, ~'~\J:~'~ /.t;r'~~'~;~"!fl\ Z' 'I" . S ~ [ SE~.a:L L i \~.... 1'\ /tf/ .~"".,. ..' ~ ............... ./ ~0tlI0""..+. ."......'",\: Attorneys' Title Insurance Fund, Inc. By ~~ Charles J. Kovaleski President SERIAL OPM- 1952589 FUND FORM OPM (rev. 3/98) . : a EXCLUSIONS FROM COVERAGE . T.he following matters are expressly excluded~ the coverage of this policy and The Fund will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resul ting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor. CONDITIONS AND STIPUlATIONS 1. Deimition of Tenns The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses The Fund would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "knoWn": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, or any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument (f) "public records": records established under state statutes at date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a) (iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Tide The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the ins.ured sh~ll have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This Dolicy shall not continue in force in favor of any purchaser from the insured of either (i) all estate or interest in the land, or (ii) all indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notify The Fund promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. Ifprompt notice shall not be given to The Fund, then as to the insured all liability of The Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify The Fund shall in no case prejudice the rights of any insured under this policy unless The Fund shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant To Cooperate (a) Upon written request by the insured and subject to the options contained in Section 6 ofthese Conditions and Stipulations, The Fund, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encum brance or other matter insured against by this policy. The Fund shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Fund will not pay any fees, costs or expenses incurred by the insured in the defense ofthose causes of action which allege matters not insured against by this policy. (b) The Fund shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Fund may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If The Fund shall exercise its rights under this paragraph. it shall do so diligently. (c) Whenever The Fund shall have brough t an action Of interpo'3ed a defense as required or permitted by the provisions of this policy, The Fund may pursue any litigation to final dete.tion by a court of competent jurisdiction and expressly reserv right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires The Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fund the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose. Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of The Fund may be necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required cooperation, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided The Fund, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis ofloss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required tosubmit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any autho- rized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of The Fund, the insured claimant shall grant its permission, in writing, for any autho- rized representative of The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of The Fund under this policy as to that claim. 6. Options To Payor Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of this option, all liability and obliga- tions to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund for cancellation. (b) To Payor Otherwise Settle With Parties 0 ther than the hlsured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy. together with any costs, attorneys' fees and expenses incurred by the insured claimant. were authorized by The Fund up to the time of payment and wh he Fund is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by The Fund up to the time of payment and which The Fund is obligated to pay. Upon the exercise by The Fund of either of the options provided forin paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, otl'er than the payments required to be made, shall terminate, including any liability or obliga- tion to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability and Coinsurance This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of The Fund under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) (This paragraPh dealing with Coinsurance was removed from Flurida policies. ) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipu- lations 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by The Fund and the insured at the time of the issuance ofthis policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If The Fund establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by The Fund or with The Fund's consent, The Fund shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, ad- verse to the title as insured. (c) The Fund shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of The Fund. 10, Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except pavments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, orwhich is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss (a) No payment shall be made without producing this policy for endorsement of the payment unless the policv has h",en lost or (1",- stroyed, in which case proof oEloss or destruction shall be furnished to the satisfaction of The Fund. (b) W11en liability and the extent of loss or damage has been definitelv fixed in accordance \,ith these Conditions and Stipuhtions, the loss or damage shall be payable within 30 days thereafter. , 13. Subrogation Upon Payment or Settlema , (a; The Fund's Right of Subrogation. .. . Whenever The Fund shall have settled and paid a claim under this policy, all right of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by The Fund, the insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit The Fund to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, The Fund shaH be subrogated to these rights and remedies in the proportion which The Fund's payment bears to the whole amount of the loss. I[ loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but The Fund, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to The Fund by reason of the impairment by the insured claimant of The Fund's right of subrogation. (b) The Fund's Rights Against Non-insured Obligors. The Fund's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies ofinsurance or bonds, notwith- standing any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14 Arbitration Unless prohibited 17y applicable law, arbitration pursuant to the Title Insur- ance Arbitration Rules of the American Arbitration Association may be demanded if agreed to 17y both The Fund and the insured. Arbitrable matters may include, but are not.d to, any controversy or claim between The Fund and the insured arising 0 or relating to this policy, and service of The Fund in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys'fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator ( s) may be entered in any court havingJurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from The Fund upon request. 15. Liability Limited to this Policy; Policy Entire Contract (a) This policy together with all endorsements, if any, attached hereto by The Fund is the entire policy and contract between the insured and The Fund. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negli- gence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, or Agent of The Fund. 16. Severability In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall include the number of this policy and shall be addressed to The Fund at its principal office at Post Office Box 628600, Orlando, Florida 32862-8600. r-~~---=-:~~~--- - ~~----- I I I I ! ""'" I I I i i i i I I I I I I I ! I I I I I ! i I i I II L';~_~.;;':;:;'~.w~-,:.;_-;;:;;"~~~~:~~N:;'~:;;;i~;;;~~;;;;;;';';;;':;':;;;;~;~j~:;;;p;:';;';;;:;:~-;;-~-;:;;;;;;~~;;;~:;,~~;;'.~~;;:;;;~;;;;~;;~:;~:!,~"~'~_~~~~;~:~!-=:;::;:';T-:'~ ~ ~ ~ (jt - C1 Nl 0 0 ~~~ <X>::S~O ~g.ftEtl ~ (') .1>rjC1~ -t""~ c:Il 00 ::Sill O<.llll:t... ONl~ -00 <.IllNlt::l:l <.IllNlO <fl E. <.Ill ~ ~ ~ <.Ill ~ I>>"TI =0 -. ... t/)- -. -::s 1>>_ ::sO (')(')... 1>>(1)3 =-.a oIlo::S -. oe;O "'-It/)::S ~ol>> oIlo-C" <?~. 0 w::sC Q) CC ;; 0)(')0 wo< . 3 (I) "0'" _I>> I>>CC -"(I) =-0 Y'''' ~ t:l o ~ o C! t:l > ~ ,... . ~ (1) ~> rJl (""'t- ~~8 ~ ~ ~ @~ ~ ~ p.. I ! II ~:::;~.;:;~:;::;;;;;;~..;~:;,~;_:..~,-:~t!: . ~t OZ~ S~~ C1 tr1 . FUND OWNER'S FORM . SCHEDULE A Policy No.: OPM-1952589 Effective Date: 08/17/00 Agent's File Reference: 1067 11 : 05 . a.m. Amount of Insurance: $ 135,000.00 I. Name ofInsured: BELLEAIR THOWNHOUSE PARTNERS, INC. 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records BooL 11018 _________ , Page _ __2.53 , of the Public Records oL_PINELLAS _ ____.._ County, Florida. 3. The land referred to in this policy is described as follows: PARCEL I: The East 100 feet of the South 400 feet of the East 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 19, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the South 50 feet thereof for right-of-way purposes. PARCEL II: The South 400 feet of the East 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 19, Township 29 South, Range 16 East, LESS the South 33 feet for road; and also LESS the East 100 feet thereof; and also LESS the West 110 feet thereof; also LESS that part deeded to Pinellas County in Deed Book 1495, page 321 for right-of-way purposes, Public Records of Pinellas County, Florida. LAW OFFICES OF JAMES J. ALTMAN 938 ISSUING AGENT - ATTORNEY OR FIRM OF ATTORNEYS AGENT NO. 5628 MAIN STREET ~71~- AGENT'S SIGNATURE MAILING ADDRESS NEW PORT RICHEY CITY ,Florida 34652 (02/98 DisplaySoft 01-WTN-I-FL-SCHA3) ZIP FUND Form OPM-SCH.A (Rev 1/98) [486] . ,- . FUND OWNER'S FORM SCHEDULE B . Policy or Guarantee No,: OPM-1952589 This policy or guarantee does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as existing liens by the public records. 2. Rights or claims of parties in possession not shown by the publ ic records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Mortgage executed by Ned Atkinson, President and Janice Ratcliff, Secretary of New Life Ministries, a Florida Corporation not-for-profit, in favor of Florida Baptist Convention, a non-profit Corporation, dated August 17, 2000 and recorded August 31, 2000 in Official Records Book 4434, at Page 1856, of the Public Records of PASCO County, Florida, in the original principal amount of $20,000.00 7. Easement to Florida Power Corporation filed at O.R. Book 1312, page 398, Public Records of Pinellas County, Florida. 8. Exceptions numbered 2, 3, 4 and 5 hereinabove are hereby deleted. FUND Form OG/OP/OPM-SCH B (Rev. 1.77) (07196 DisplaySoft I-WIN-I-FL-OPMB2) ," !, I, i, 1 ','!! :,' "'I' I:;, :, ~: It Il , , j" Ill! Iti!i}' '! i!i I!i! ,',"~l I.' "", c', 11 ,,' , , I' '.,' I ! 'f!- ~ ! ; ;: :: I J : l~: 1: ld ~. I ~ I ~ ,i" , IlIl I Il l 'l.llll Iii II: " ~ l I'l :,1" l "t,]l I , 1~lli' i. il I i'lln!, H!It." ill I I ! II ! ~ 1,.11 :,:,=I;!. lJ' II!!I Ill'! ~JI !dI11'2 I ! 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E 0 = an = .... a.> t"- o a.> 0 U o.,s 0 co 0 .... - 0 .$:1 lJ) 0 co 0 0 1-c::'O 0 f'f') z :E .Q a.> 0 0 .... a::: -.- 0 0 = w~~ M = D.. .- 0 0 -- 0 V) Cic:: '+-< 0 -.:r ... 00 <Co.~ 0 ... 0 0 M -< N I-CO -- (l) M ""'" Oc::= ~ 0 0 z co.- 0 .. (I)....~ 0... M (IJ -O:J .... (1)::0 ,.....,-I ~ 0 -0.>- . . Q c;J Z J: .- '0 ::J:t: .:c I-a.>c:: '0 = C,) co ...... ..... ~ l!:! c.. ~ =:I co~ .- QJ lJ) ~ Cj 0 .- a.> QJ = U lJ) .- .- > ~ .g I f=.l!:! .... "1:l Q., .... 'C c:n a.> ... x ~ .0 '" (l) c:n ~ ~ ~ ::J ~ 0 ~ c:: 0 :g ~ 0 .2 'C Ci 0 Eo-< U ~c:n a. = ......~ co ~ <~ .!a J-. ('<) ~~ E- o ~ J-. ~~ I- ~ .... ~ t:l. o:lp.. V) 0 0 ...... 0 I ('<) 0 0 'C Z 0 0 ~ ~ N -= (,) '" '" c:n l> (l) e ~ ....:l '" ..s::: U u... ..... ~ U ~ = .... e - ~ = .... ~ ~ ~ . . COMMISSIONERS BOARD OF COUNTY COMMISSIONERS PINELLAS COUNTY, FLORIDA DEPARTMENT OF PUBLIC WORKS 440 COURT STREET CLEARWATER, FLORIDA 33756 PHONE: (727) 464-3251 KAREN WILLIAMS SEEL - CHAIRMAN SUSAN LATVALA - VICE CHAIRMAN CALVIN D. HARRIS JOHN MORRONI ROBERT B. STEWART BARBARA SHEEN TODD KENNETH T. WELCH Utilization Permit # 01-05630, 01-0564U &01-0565U March 10, 2003 John C. Brendla and Associates, Inc. 4015 82nd Avenue North Pinellas Park, Florida 33781 Attn: John C. Brendla, PE Re: Belleair Townhomes Driveway, Water and Sanitary Sewer Connection Permits - (19/29/16) Dear Mr. Brendla: Prior to the approval of the above-referenced Utilization Permit we respectfully request the following information: 1. A completion bond or irrevocable letter of credit with the owner/developer as Principal, for 110% of the submitted cost estimate, will be required for all work to be performed within the right-of- way. (the cost estimates signed & sealed by John Brendla, dated 9i'04/01 is acceptable) 2. Upon completion of construction, an eighteen (18) month maintenance bond may be required. The maintenance bond must be a minimum of 20% of the completion bond with the owner/developer as Principal. Once the above item has been received, we will be most pleased to continue with the processing of the application. sk, Patrick S. Fox Public Works Engineering Technician Right-of-Way Utilization Permits Permitting Services filE f,r - 1 {Ci>O' ~o, - vof 010564ulc.doc MAR 2 4 2003 "Pinellas County is an Equal Opportunity Employer" · Member-Pinellas Partnership for a Drug F1TBe Wukplace U printed on recycled paptr Jcb Bus;', Gov~rn(lr FAX 72411;1 6187 BRODERICK & ASSOC. ~~~ HEALT . l4i 001 03/03/2003 MON 14:49 Jolm 0 ^gwul1obi., M.D.,M.B.A Sccn:lary PINEL.LAS COCNTYr HEALTH DEP ARTME~;T February 24, 2003 Roger B. Broderick, Vice President Belleair Townhouse Partner's Inc. 5514 Park Boulevard Pinellas Park, FL 33781 RE' BEU.EAIR TOWNHOMES -_. PA Permit No. 012598C-559-DSGP "NOTIFICA liON FOR USE OF THE GENERAL PERMlr~ Dear Mr. Broderick: This letter shall serve to advise you that the Department has received your "Notification for Use of the Genera: Permit for Construct on of an Extensior: to a Public Drinkhg Water D(stribution System" as provided pursuant to Florida Administrative Code (FAC) 62-555540 relating to your BE:LLEAIR TOWNHOMf-S project Our revIew of your submittal finds same in substantia! compliance with said F.A.C. criteria and therefore the Clspartment dces not object to your use of such general permit. Please be advised YOLi are required to abide by all conditions of FAC. 62-555.400 !hrough 62- 555.540 with emphasis upon FAC. 62-555.410 "General Conditions for All General Drinking Water Permits- and Rule 62-555.540 Flcrida Admhistrative Code. Thank you fo~ your cooperation. ;7.--. Sincerely, . /../ ,.-- 4.- ~~___c..<"~~/_ Pedro Vargas- d~, Engineer III Environm al Engineering Division Pinellas ounty Health Department cc: John C. Brendla, John C. Brenda & Assoc:ates. Inc. Noel Goodwin, Public WOI~S EnGirleeri:1g Si.lpervi$or rei: \7.271 538-1177 Fr. viror.:nental ::::.ngi[J~c:"r;n~ 4175 Edst Bll:;.' Dri-.::. SUi:, 300 :",'lcilfri<ilCL FL 3J 7'i~ Fax. ('21) 5]{P29i 03/03/2003 MO~ 14:50 FAX 72411;1 6187 BRODERICK & ASSOC. e ~002 FLORIDA J:fi'AR:TMENT OF \ Jeb Bush Govemor Jubn O. A\;WUI10bi, M,U.,M,B,A Secr~tary PLNELLAS COUNTY L-iEALTl-l DEPARTMENT February 24, 2003 Roger B. Broderick, Vice President Belleair Townhouse Partner's Inc. 5514 Park Boulevard Pinellas Park, FL 33781 Dear Mr. Broderick: Effective February 24. 2003 the project dOCL;ments pertaining to your "Notification for Use of the General Permit for Construction of an Extension to a Public Drinking Water Distributon System" to sarve; BELLEAIR TOWN HOMES is hereby granted urder PA Permit Number 0125980: 559-DSGP in full compliance with Florida Administrative Code 62-555.400 through 62-555.540, including any attached provisos, with emphasis upon GENERAL CONDITIONS FOR ALL GENERAL DRINKING WATER PERMITS. Special attention is called to Provisos 2. requiring a State licensed professional engineer be retained during constructiOl"! and for providing necessary certifications once construction is satisfactorily completed. The engineer of record shall submit a certificate of completion and a set of as-bJilt drawings of the project to the PinetJas County Health Department's East Bay Drive Complex, Environmental Engineering Office, The water system improvements will not be approved nor placed into service until this information has been recBlved. reviewed and accepted by the Department. This approval pertains only to the water utilities outlined in the application and specifically identified on the permitted plans serving this developme1t and is not to be construed as approval of any other utility or otherwise aspects of development. By copy of this letter to the owner/applicant. we are advising that General Permit approval is given to the fur:cUonal aspects of this proj€c: on the basis of representatio'l to and data furniShed the Pinellas County Health Department There may be other courty, municipal, local or state regulations or restrictions to be co'Tlpi'ed w;th by the owner/applicant prior to construction of ttle facilltles repiesented by tile plans referred to above; and we, therefore, recommend that appropriate local or otherwise agencies be consulted befo"e starting construction. Sincerely>. R ..----r?;?" ~-''''''---'--;- "l Pedro Vargas-;Prsda, Engineer III Environm~ Engineering Division Plnella~ounty Health Department cc: John C. Brendla, John C. 8rendla & Associates, Inc. Noel Goodwin, Public Works Engineering Supervisor Tel: (727) 538-7177 Env ironrncmal Engir.::cr: ng 4175 East BI1Y Drive. Suitt: 30C. Clearwater. FL 33764 F:lx: (27) 538-7293 03/0:3/2003 MO~ 14:50 F.U 72.1 6:L87 BRODERICK 8; ASSOC. e' 14: 003 BELLEAIR TOWNHOMES P.A. Permit No:O 1259aO-559.DSGP PROVISOS The plans for the proposed improvements cited in the application are hereby approved under authority of Cha~ter 403. the Florida Safe Drinking Water Act, Sections 403.850-864, Florida Statutes, WIth the following provisos: 1 Construction of this prOject must be commenced within one (1) year from :he date of this approval, otherwIse plans and specifications mus~ be resJbmitted for approval by the Pinellas County Health Department. 2. The engineer of record or other qiJalif;ej professional engineer sha!! be retained to observe project construction, assure conformance with appruved engineeri'lg plans and specifications, and to provide the subsequent certification as to completion and conformance of project constructof"l. The" Certificabon of ConstructiOf"l Completion a"d Request for a Letter of Clearance to Place Drinking Water Facility into Service~ FDEP Form No. 62-555.910(9), signed and sealed by the engineer, e:ong with full executior. by the applicant and/or public drinking water system as applicable shall be rendered to the Pinellas County Health Department along with signed ard sealed as-built drawings, as apprapriate. 3 This approval is given with the understanding that upon completion of the installation (.)f such works, its o;Jeration shall be placed under the care of a competent person, whose qualifications ar~ approved cy the Department of Envirormental Prot~ction and such operation shall be carried out according to best accepted practice and in accordance with the requirements of the rLles and regulations of the Department. 4. Water supply facilities inciuding mains shall be installed, cleaned, disinfected, and bacteriologlca:!y deared for service, in accordance with the latest applicable AWWA $tar'\d~H"ds and Department rules and regulations. 5. Whe~e water and sanitary sewer mains cross Witte less than 18" vertical ciearance, the sewer will be either ductile iron pipe (20' joint, mi:-Jimum) :Jr concrete encased vitrified clay pipe, centered on the point of crossing. When a water main Darallels a se'Ner main, a minimum horizontal separation of at least 10' shall be maintaj1"e':l. Specific approval by the Pinellas County Health Department is required for separatio'~s less than stated axve and for alternative construction materials and methods. 6, FAG 62-555.410 General Conditions for ail General Drinking Wate- Permits as attached, must De adhered to in t1iair entil"aty as a condition of "Notification for Use o' the General Permit for Construction of an Extension to a Public Dnnkin;3 Water Distribution System" approval. .,. Sample ;aps shall be W' corpora:ion steps with ,;ser & hOSE! bib After testing !s complete. riser & hose bib to be removed. cor.~oratio" s:op to remain in p:ace Page , d 2 03/03/2003 MO~ 14:52 FAX 724ljtl 6187 BRODERICK & ASSOC. .. !4J 005 62-555-.410 GENERAL CONDITIONS FOR ALL GENERAL DRINKING WATER PERMITS 1. ThO general permit is valid only for the specific activity indicated. Any deviation from the specified activity and the conditions for undertaking tI"',at activity shall constitute a violation of the permil The permittee is placed on notice that violation of the perrnit may result in suspension or revocation of permittee's use of the general permit and may cause the Department to begin legal proceedings 2. The general permit does not convey any vested rignts or any exdusive privileges. It does not authorize any injury to public or private property nor any invasion of personal rights. It does not authorize any infringement of federal, state, or local laws or regulations. It does not eliminate the need to obtain any other federal, state, or local permits that may be required, or allow the permittee to violate any more stringent standards established by federal or local law. 3_ The general permit does not relieve the permittee from liabi'ity and penalties when the co....struction or operation of the permitted system causes harm or injury to human health or welfare: causes harm or injury to anima!, plant, or aquatic life; or causes harm or injury to property. It does not allow the permittee to cause pollution in contrave"ltion of Florida Statutes and Department rules. 4. The general permit conveys no title to land or water, nor does it constitute State recognition or acknowledgment of title. It does not constitute authority for reciamation or submerged lands. Only the Board of Trustee of the I nterri a I Improvement Trust Fund may express State opinion as to title 5. No general permit shall authorize the use of State owned land without the prior consent of the Board of Trustees of the Intemallmprovement Trust Fund pursuant to Section 253.77, F.S. 6. The general permit may be modified, suspended, or revoked in accordance with Chapter 120, F.S., if the Secretary determines that there has been a violation of any of the terms or conditions of the permit, there has been a violation of state drini<ing water quality standards, or the permittee has submitted false, incomp!e:e, or inaccurate data or information. 7. The general permit shall not be t:-ansferred to a third party. 8. The general permit authorizes corstruction and, where applicable, operation cf the permittee system. 9. The pennittee agrees In accepting the general permit to make every reasonable effort to conduct the construction authorized by the general permit in a manner that will mininize any adverse effects on adjacent property or on public use of the adjacent ~roperty, where applicable. and on the environment, including fish, wildlife, natural resources of the area, water Quality. or air quality. Page 1 of 2 03/03/2003 MOK 14:51 FAX 724lij1 6187 BRODERICK & ASSOC. . ~004 Continued 8. Install temporary blow-offs (TBO), gate valves (GV) and/or sample taps (ST) where required on approved plans. 9. Install pipe and appurtenances meeting minimum AWWA standard specifications. 10. Any and all service lines to sanitary sewer lift stations shall have service connection protected via an in line approved reduced pressure backflow prevention device. Actual hose bib outlets shall be equipped with an approved vacuum-breaker device attached directly to the outlet. ~ 1. Use of treated waste water systems (Radaimed Water Systems) in conjunction with potable water supply systems requires special attention in full compliance with F.A.C. 62-610 regulations. Particular attention to minimum vertical separation of l8-inches between potable water piping; honzontzl separatiof"lS of 3-{eet out to out and/or 5-feet center to center between potable water and reclaimed water; methods of piping differentiation i.e. color coding, labeling, etc. Specific approval by the Pinellas County Health De~artment is required for deviations from required separations stated above and for alternative construction materials and methods. 12. Irrigatio'l systems utilizing above grade outiets \.\lith non potable water supply sources shall have complete system in full compliance with the SBCCI, Standard Plumbing Code. Chapter VI criteria Including but not limited to painting riser piping yellow, labeling or tagging piping as non potable Vlate~ and removal of operator handles on all hose bibs. 'j 3. NOTE to Pinel!as Countv Water System: This project has on site water mains which must be bacteriologically cleared. Please install meters wt,en possible. 14. This general permit is subject to the general conditions of Rule 62-555.410, FAC., and the following speCific conditions: (a) The permittee or his engineer of record shall file with the Department upon completion of the wct1<, a copy of the racord drawings for the system. (b) Before the system may be placed into service, a certification of construction completion by e:ther Ite engineer of record or the system's professional engineer who was responsible for overseeing construction and a copy of satisfactory bacteriological results described in Rule 62~555.345, F.A.C.. m~st be submitted to the appropriate office of the Department or Approved County Health Department and a letter of c:earance be issued. 15. This general permit applies in total to only those specific aspects of the onsite and/or offsite public drinking water system piping as depicted upon the approved and permitted plOOlns of record. This approva.l and permit in no way is construed to incorporate, include and/or otherwise reflee: any water system improvements associated with the actual building plumbing system proper Those interior building potable water system piping networks are totally under the local buildirg department plumbing permits and ili no way construed to be a part of Department issued plans and approvals/permits. 16. Ar1y and all utiliza:ioI'l of hose bib outle:s for pur/eying nonpo1able water supplies, shall be in strict cOliW,)lianCe with :he SBCCI, Standard PIL.mbng Code, Chaoter VI criteria. Specific attention Shall De directed to color coding o~ any a'ld all above grade piping and the labeling of outlets as non801dble water supplies, pursuant to f1.j11 said Chapter VI criteria. Page 2 of 2 03/03/2003 MO~ 14:53 F.H 72.7 541 6187 BRODERICK & ASSOC. tit . llt! 006 Continued 62-555.410 GENERAL CONDITiONS FOR ALL GENERAL DRINKING WATER PERMITS 10. The permittee agrees in accepting the general permit to allow a duly authorized repres~ntative o~ the Depanment access to the permitted system or activity at reasor,able times to inspect and test to determine compliance with the p~rmit and the Department rules. 11. The permittee agrees to maintain any permitted facility, or activity in ';1000 condition and in accordance with the plans submitted to the Department under Rule 62..4.530(1), FAC. 12. A perrnittea's use of a general p8rmlt is limited to five years. However, the permittee may request continued use of the general permit by notifying the Department purS;Jant to Rule 62-4.530(1), F .A.C. However.. the perrrllttee shall give notice of ro"tinued use of a general permit thirty days before it expires. Specific Authority: 403.814('1), F,$. Law Implemented: 403.814, F.S. History: New ~-18-S9. Page 2 of 2 . ....,,, t~Ci~mO~.Jr.:.. ~~~'~ ~F ~ '- ,M" ..\ ~~ \.J..'\ ~ .- . ~ FLOR 'A .\ - lJ. \J.~:~~~ ~~~~~~...... FAX 72.1 6187 BRODERICK & ASSOC, . It! 001 03/17/2003 MON 11:37 Department of Environmental Protection J.:lll 6u$h Governor Sc.uchwe$t DiStriCt 3804 Coconut Ptllm Dri....e T~Mp~, Florida 33619 [)w,d B. Struhs Socrerary In the Matter of an Application for Penllit by: Narch 14, 2003 Belleair Townhouse Partners, Inc. Roger Broderick, Vice President 5514 Park Blvd. Pinella." Park, FL 33781 Belle::.Jir Townhomes PA Fi Ie No. CS52-0] 39900-024 City of Clearwater cast WWTP. FL0021865 Pincllas Coun!y NOTICE OF PERMIT ISSlJANCE Enclosed is Permit Numbcl CS52-0 l39900-U24 to construct a domcsLc wastewater collection/ transmission system. issueU pur5U8.nt to Section 403.087( l), Florida Statelrcs. A person whose substantial interests are affected by this permit may pelltH)n for an udmini:;lrative proceeding (hearing) in accordance with Section t20.57. Florida Statutes. The petition must contain the infonmltion set forth herein and must be filed (received) In the Office of General Couns:l of the Dcp~11ment Cit 3900 COlllmolw,eallh Boulevard. Tallaha~see, Florida 32399-3000, .lillhin 14 days of receipt of this permit. Petitioner shall mad ~ copy of the petition to the applicant at the ..lddress indicated above :.11 thc lime or' filing. Failure to file (l petition within this time period shall constitute a waiver of any right such person may have to request an administrative determination (healing) under Section 120.57. Florida SlatuLes. The petition shall contain Ihe following infOl':nalico: (a) The name. address, and telephone number of each petitioner. :h~ applicant's r\ame and address. the Dcpr..rtrnent Permit File Numbe:'. ;.tnd the county in which the project is propo.~eJ; (0) A stalement of how and when each petilio~,er rec'=li"ed nOl~ce or the Department's acti01 or proposed action: (c) A stutemen~ of ho,;>: cae1 pcri\ion~r's substantial intercscs are atlected by lhe Departncnt's ~c,:ion or pr;)pv:,cd action; (d) A statement of [he tndlc.-ial facts disputed by petitioner. if an). (e) A statement of facls \\Jhic~1 pcti:ioncr contcn~s warranl reve:'~a~ 01' moditicutJon or the Department's action or pro?csed aCI;O;1: Prinwl In recycled poptr 03/17/2003 ~WN 11::38 FAX 727 541 6187 BRODERICK & ASSOC. . I4J 002 . Belleair Townhouse Paltners, Inc. Belkair Townhomes PA Pile'No. CS52.0139900-024 (f) A statement of which rules or statutes pctitlOTlCr contends require reversal or modification of the Department's action or [Jropo:;ed action; and (g) A statement of the relief sought by pelitioner, stating precisely the action petitioner wants the Department to take with respect to the Department's action or proposed action. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this pelmit. Persons whose substantial interests will be affected by any decision of the Departmem with regard to the application have the right to petition to become a patty to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 14 days of receipt of this notice in the Office of General Couns~l at the above address of the Department. Failure to petition within the allowed timc frame constitutes a waiver of any right such person h:JS to request a hearing under Section 120.57, F.S., and to participate a~ a patty TO this proceeding. Any subsequent intervention will o1ily be at the approval of the presiding officer upon motion filed pursuant to Rule 28-5.207, F.A.C. This permit is final and effective On the date filed with the Clerk of the Depar:ment unless a petition i!> riled in accordance with the above paragraphs or unless a request for extension of time in which to file a petition is filed within the time specified for filing a petition and conf()rm~ to Rule 62-103.070, F.A.C. Upon timely filing or a petition or a request for an extension of time, this permit wi II not be effective until further order of the Department. When the order (permit) is final, any party to the order has the rightlO seek judicial review of the order purslIanllo Section 120.68, F10ridu Statutes, by the filing of a Notice. of Appe{l! pursuant to Rule 9.llO, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulcvard, Tallahassee, Florida 32399-3000, and by filing a copy of the Notice of Appeal accompanied by the applicahle filing fees with the appropriate District COurt of Appeal. The Notice of Appeal must be filed within 30 days from the date the Final Order is filed with the Clerk of the Department. Executed in Tampa. Florida. STATE OF f"lORlDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ~.J). ~ Timothy J. Parke, P.E. Water FacIlltles Administrator Southwest D:strict 3804 Coconut Palm DI;ve Tampa, FL 33619-1352 Page 2 of 3 03/17/2003 MON 11:39 F.\X 724lij1 6187 BRODERICK & ASSOC. Bel1ealr Townhouse Partners, Inc. Belleair Townhome;; PA File No. CS52~139900-024 . ~003 CERTIFICATE OF SERVICE The undersigne.d duly designated deputy agency clerk hereby certifies that lhis NOTICE OF: PERMIT ISSCANCE and all copies were mailed before the close of business 011 h-. a...... c.t...... I~ ~"3 to the listed perscr,s. FILING AND ACKNOWLEDGMENT FILED, on th~s date, pursuant to Section 120.52, Florida Statutes, with the designaled Department Clerk. receipt of which ig hereby acknowledged. (../)~~ dZA... ~;a ~&--.. 3// Y j" 3 ---------------~---------------------------~~--- (Clerk.) (Dale) Enclosure (;(;: John C. B:-endla, P.E., John C. BrendJa & Associates, Inc. Mi(;h~l Quillen, City Engineer, City of Clearwater Page 3 or 3 e~""" ~\l.'\CUjO. '. ~". ,. . ~~<t -..' ~ ~ , . ~ ~ ;'.:.' " ,;';;; 'i&',.\ ~~ FLORn5A'~~ j ~:~ -'-~~-~~~ Fll 724jl 6187 BRODERICK & ASSOC. . I4J 004 03/17/2003 MON 11:J$ Department of Environmental Protection JCb Bush Governor SO:J[hw~sr. DisrriCl 3804 COCOI'1U[ Palm Drive Tampa. Florida 33619 David B. Srrt1~ $cm:'rar'y PERMITTEE.: Bclleair Towni'1l'u~ Partners, Inc. Roger Brode~'ck. \;cc Prc:~id('nt 5514 Park BI'od Pio(;l!as Parle FL 33i8l Permil ~u. CSS2-0139900-tJ24 Issuance Datc 3/14/03 Expiration Dat~; 3/13/08 PrOCC:l$or; Chris Lx:l.:scht;r PROJECJ': Bclleail' T OWl~1tL'"'~; Belleajr ROOld .& L S 19. Clearwater Pir1ella.~ COUllC\' This permil :,.; isw,.-..J under lhi:: provisiOfiS of Chupla 403, [-lorida Stutlltes. and Florida Administralive Cjde Rule(c;)t12-::. 62-4, ar\d 62-604.. The ahOVl:-fl:ll1lcd pcrmittee is hereby :.llJlnOri:l"l;:U 10 perform tlK work or oper.ate the facility shown on the application and approved drawing(~). rl:ll1S, and other documents cncios..:d herewith or on Cik with the Depm1menc and made a pare hereof and specin.:a;ly de,cribed as bllcn.s' DESCRIPTION Of PRO.lEtT: ConSlfuction '..:Jf a JQmeslic WJsll::v..all;;r l,;olk:l,;tion/LTim:smi~:sion syslem Lo serv(:; 13 townhouse dwelling units. Estirnaned rows of 3.412 gpd will Ix: trealed at the City of Clcaf'.valc.r EasI W;lslcwil!Cr TrcallTlcnl Plunt (WWTP') IF1;lity 10# FLOO2I8651. SPECIFIC CONDITIONS: 1. Drawings,. s~ifica:jons, informacion, arld ;:o..r~spl)ndc:ncc subrnit~cd in support Of lhe permil applit;<.lciom roc this system are incorporated into this pell11it ilnd must be adhered to during inE;lallati,')/t: an..i opcrntion of the systern. ... This ~mnil ;..k~s not authorize the. c.:onn~(;tiC)n of this l,;ollel;;tiol1 system t9 che deSignated WWTP, The perIllilt st.aIl lIot be construed to infel' ;lilY assl.;]';.\JlCC that th.:: Ilccessary :l.Ulhoriatlion fOf conn~tivm stull 00 granled. Any such authoril.utlun s;iall be gran led only when adequat~ treatlllelll in accordamc~ ""'lth rules, r~gulalions, ;And issu<;u p~rmilS or Ih~ Di::partrn~nl is available for any flow., rranspo~ t-y :he sysrem. 3 No p::oniom of :his system may be installed in FDEP jurisdictional wclland~ prior to the rel.:eipl oi' uny and c:J1 reqlJioerl werLmd5 resource management p~i'mils. 4. The w:lICIT/s;.:.....:rircclaimcd wali;:, ckarum.:\; rt;;qllirl;ml;;rb ~pe.L'ifil;;U in th(;; ,I[tac.:heo summary shall be adher~d :m trQugl1ou~ the project. and ~hall suoe:'S~dc any ~pccificati:m.s incluccd in [he: docl.lmenl~alic": s"bmiued in support of the permit applica,ion for this system No p.:rtiom d ::-is system shall be installed within toO feet of a public stlpply pot:lblc "',ilcer wdl. G. All coll~ti()r, :ransmis"ion systems ~hall be CO!l''lruccd using the pipe di"rr~(c..-:; designated ir: the dTuwi:1.~s an,;,; ,;::xcifit,;alions induded with the permit .\pplicatioll for thiS projc,~t and apP:'oved by the Pr",:<cJ on '<C'((I,-d pc~tr. 03/1i/2003 MON 11:~O F~ i24lii1 6187 BRODERICK & ASSOC. Belleilir Towl'::hou~ Partners. Inc. Bellea.ir T(lwrJ1()rr~ PA File No. C ~52-()139900-024 . ~005 SPECIFIC CONDITIONS COl'tJ'INUED: Departmemt. P .ll"SLlant to Section 33.43 of the "Recommended Sl wzrJ" rd.r for Wastewater Facilities," 1990 cd. {inccrporatf;ld into Cbapter 62.604 of the Florida Administrative Code by reference), oversize s<e....el's ;halI not be approved to justify u$ing f1<llkr slopc!;. 7. If his:ori.;~l Or ~\;ha~ological artifacts. such as Indian canoes. al'e discovered at ar'lY time within the project site, the permittcc sh<lll immediately notify the D.e.l~ Southwest District office and the Bureau of Historic Preservation. Division of Archives;, Hisrory and Rccords MllnagCIt1,;,:nl. R./\.. Gray Building, Tallci1assee. f'lorid.l 32301. telephone number (004) 487-2073. 8. All cOr:1pDoen::-> of the IiI', station. i.e. the wetwell. v;:he box., and el~ctrical cOlltrol panel will be locked Dr' otlw'wise secured ogainst ulll1uthoril.t:d aCc.:I;;~s. 9. Upon cOllIlplel~)11 of conslructiun and prior to placing the system into LIse. the pe:rmiuee or his engineer-of-rec-;)rd shall submit to this Department the Following dOCUffil;;Dts: (a) Domestic WastcWa1'~r CollectillnITrun~mi~~ion Sy:::tems Certification of Completion of Conslruct:lon PEP Form G2-<S04.300(7)(b)], logCl:hcr wilh ucopy of the n;corcJ drawings for the system; a..'7!6d (b) Certifkat:c.1 by the Professional Engineer-of-Record ~hall be conslrwd (') mean c()nfonmlfice to the G~nerr~1 T:er.:hnica! Guidance for Collection Systems and Tl'arHani~slon F:.lcilitics [61.604. F.A.C.l, ;:mn:icJiarly the pertinent si::ctions of the Rtlcommended Standards for Sewi1ge Works and also WPCf MOP9. Departmeml ar-.cep(ance and written approval of "he~e dOC\lIl1ents shull be required prior to placing the system i:1lID S~T";ce. 10. The system shall be inspected fo'. any sediment debris umJ rlusheJ pnor tu cUnilectiGn to the designal~ WWTP. 11. The pemmUee ;;hall be nware of and operate undel' the attached "General Permit Conditions Ifl through ~:5"_ C..::ncral Pcrmit Conditions are binding upon the pt~l'mitte~ and enforceable pursuant to Chapter .::.t~13 0: (~le Florida StatuLCS. STATE Of ?LORlDA DEPARTMENT OF ENVIRONMENT At PROTECfTON tt~.1\ ~~~ Timothy J. Parker. P. . Wolter Facilities Admllltscrator Southwest Districl 3804 Coconut I~ulm Drive Tampa. R.. 33619-1352 Puge2or2 03/17/2003 MON 11:41 Fli 72411 6187 BRODERICK & ASSOC. . I4i 006 AITACHMENT - GENERAL CONDITIONS: 1. "f~ tenus, conditions. requirements, limirations, and restrictions set fOrtIl ill this permit are "pennil conditions" and are binding and cnf01'CCo\bk pursuant to Scction& 403.141., 403.861, 403.727, or 403.&59 ihrough 403.861, Florida Statutes. The permittee is placed on notice that the Dqmt.mcnl will review this permil p::riodica11y and may inltiare enforc.ement action for any violation of these conditions. 2. This pcnn.it IS valid only fur the specific JXoccsscs and operations applied for and indicared. in the: approved drawings or exhibits. A1r)- uo3Utbori.z:cd deviation from the approved drawillJ$. exhibits. SpOci.fications, Or conditioos oftlUs p:onit Jllay constilulc grounds for revocation and enforcemeac actioo b;' tlle Department 3. As provided in subscct.ior.s 403.087(6) CUld 403.722(5), F.S., the issuance of this pcnnil docs not cOllvey any vested rights of any elC;clusive pri'fileges. Neither does it authorize any injuzy to public DC private pmpcIty or any invasion of personal. rights, nor any infringement of federal. StMe., or local laws or regulations. This permit is not a waiver of or approval of any other DcpaItmcnl permit that may be required ilr other a.spcct5 of the [oUll project which are not addressed in this pennic 4. Tl\ls pennit conveys no title to land or water. docs not contttitute State recognition or acknowledgment of title, and does not constirute authority foc the use of submerged. lands unless herein pcm-ided and the necessary title or leasehold interests have been obtained from tho Sla~. On.'y the Trustc:c.s of the Internal Improvement Trust Fund may express Stale opinion as to titk 5. This permit does oot relieve the pennittee from liability for harm or injury to human health or welfare, animal, or pl<lnllife, or property caused by th: constroction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contlin-~Il.tion of Rorida Statutes and Department rules, unless specifically authorized by an. order from tlle Dcpanmenc 6. The permittee shall properly operate and maintain the facility and sy:>terns of treatment and control (and rcllllcd appurtenances) that are installed and used ~ the permittee to achieve compliance with the conditions Of this pennit, ~ required OJ' D(:~cnt rules. This provisioo. inchtdes the operation of backup or auxiliazy facilities or similar systems when nece.s&,ry to acpjcvc: compliance with the conditiOGs of the pennit and when required by Department rules. 1. The permittee, by accqxing this permit, specifically agrees to allow authorilCd Department personnel, upon prescot.atioIl of credentials or other docu.'1laltS as may be required by law and at reasonable times, a~ss to the premises where the; permitted activity is located or coaducud to: (a) Have access 1.0 and copy any records that must be kept Wider conditions of the pcnrut; (b) Inspect tlle fa.::ility, cqlLipment, practices, or operations regulated or required under this permit; (c) Sample or JIlOIl.itor illY substances or parameter5 at any location reasonably necessary to assure compliance ",ith this pennit or Department roles. Reasonable time IIU! depend on the natun: of the concern being investigated. , 8. If, for any teason, tlae pe.mittee. does Dot comply with or win be unable to comply witb any condition or limitation specified in this permit, the penn.i.ttee sbail inunediately provide the Department with the follovving information: (3) A description of ani cause of noncompliance; and (b) The period of .oncaJ1pliance. including dates and times; or, if not COTTC:>Ctcd, the anticipated time the noncompliance is expected to OOCltinue, and s1.ep$ being taken to reduce, eliminate, and prev.:mt I"eC\.lITCllCC ofthc noncompliance. The pemtittee shaIl be r;S?OOSible for any imd all darn3.gCS whicb may result and n1a.}' be subject to eroorcement action b) tlle Department fur pemIties or for revocation of this permit. 9. In accepting this permi'~ me permittee W1derstands and agrees that all records, notes, monitoring data and other inronnation relating to the COIISt1'L-UOO oc operation of this pccmittcd. source which are submitted to the Department may be used by the Department as cvid<:n.;x: in my enforcement case involving the pennittcd SCiUICC arising under tIle Florida Statues or Department rules, except where such use is prescribed by Sections 403.111 and -403.73, F.S. Such evidence shall only be \lS<<llo tile exient it is consistent with the Florida R1*s of Civil Procedure and appropriate evidentiary roles. 03/17/2003 MON 11:42 F~ 727 541 6187 BRODERICK & ASSOC. . . 141 007 CAPACITY ANALYSIS REPORT CERTlFTCA TION (To be .;:omplc:ted by the Owner or desigr.;:ted representative of the wastewater treatment facility receiving the wlIstew<lter.) Collection System Cct1Stl1lc:ion Permit No. Dale Name of Project Treatment Facility ~'ing Project Nam~ County FDEP lD No DDODDDDO I. Has the three-month avera~e daily flow for three consecutive months ever exceeded 50% of the permitted capacity for either the treatment plant OR the reuse/disposal system? C Yes (lfyes, complete 2,3,4, cmd ~ below) o No 2. Indicata the d~ (month/year) thllt the dlfee-month average daily flow flr.)l exceeded 50% of the p.::nnitted capacity (or einT the treatment plant or the reuse/disposal system: ':l Date of the CU171.:nt Capacity Analysis Report (CAR) or most recent update: ~. Dute (month:yur) the CAR projects that the permitted ,,,pacifY of the wastewater treatment facility, including di~posal, will be equaled or exceeded: ~. If CAR indica::=s that the permitted capacity will be equaled cr exceeded within the ne>.1 four (4) years indi- cate the date true a complete application for wastewater treatment plant expansion w,lS:will be !-;ubmitted to rDEP: OODDCDDO I certify unda ;Jenillty of law that trJs document was prepared under my dIrection Or supervision clOd that I am in compliance with :he requirements of Rule 62-600.405, F.A.C. the infonnation submitted is, to the best of my knowledge anc be~t, true, accurate, and complete. I am aware that there are :;igu;ficimt penalties for ~ubmittjnt; hlse information. iI:cJuding the possibility of fine and imprisonment for knowing violations Signed Date (Wastewan:rTreatmenl Facility Owner or DesigtUl<<i Rcpre~e[\tatjve) Utility Name Name Tille Addreis (Print or Type) Phone No. (Cit ylSbte/Zipcode) 03/17/2003 MON 11:42 F~ 727 541 61~7 BKUVnKICh & A~~UC. '. . I@UU/J WATERJSEWER l.l,F.AR.\NCF: ~QUIREMENTS VERTICAL CLEARANCE AT C..ROSSlNGS: Gravity sewers or force oains crossing WIder water mains shall be l;lid to provide & minin:um vertie:!l dist<lnce of 18 L'1:::hes between the invert of the IIp;JCr pipc lInd the crown of the lower pipe. ':.ne: cros3ing shall be arranged so that lhe Sewer joir.ts :llld ....'lltcr joints will be equidistant from the point of crossing, with no le~s than 10 feet between any twO joints. Where the minimum 18 incl-. separation caanot be mairltaincd, one oflhe following methods of pro tee lion shall bc utilized: ll. the 5eWer shall be en;:ascd in concrete for 10 feet centered on the crossing (10 feet lillCll separation bdween joints); b. t.>u: sev.-cr shall be installed with D.I.P. for 20 feet centered on the ;rossi.1l~ (10 feet linear scparatio:l betweenjoinlll); c. the sewer sh4111 be deiigned and constructed equa.l to water pip.;, an.d shall be pn.'Ssure-lt'.'lted at 150 psi to as3ure water tightness prior to backfilling; or d. either the water main or sewer line may be encased in a watertight carrier pipe which ~xtends 10 feet on both sides of the crossing, measured perpendicular to dle watet main. 'lbe earrier pipe .shall be Qfmarerials approved by the Department for use in water main construction. One of these methods sbU a~o be utilized .....'hen there is no alternative to ~ewcrs erossiTlg over water maius_ In such in~tallces, adequate struetur.ll support sh411 be provided for the sewer to maintain line and grade. HORIZONTAL SEPARATION RETWREN PARALLEL LI!'fTS: Gravity sewers or force mains shall be installed allenst 10 feet horizontally from Ilny existing or proposed WOller m:Jit~. Th~ distance shall be mcasund edge to edge. In cases where it is not practical to maintain ;: 10 feet 5e:panl.tion, the w<lter main shall bl: in:ltalled in a separate trench or on an undisturbed earth 5belf locilted on one side of the sewcr 3..."1d at an elevation so that chc bottom of the water main is at least 18 inches above t.ie top of the sewer, and the water and ~cwer joints shall be staggered. If it is impossible 10 obtain proper horizontal .W vertical separaLion as described, ooth th~ water main and sewer must be constnlcted of slip-on or mechanical joinl pipe complying with public water supply design s(3ndards of the Departlllellt and be pressure-tested at 150 psi (0 assun: water tightness before backfilling. SANITARY SEWERlRECLAlMED WATER & POT ABU.. W A TER&to.AIMI:D WATER SEP ARA nONS MiEN THE RE~I ,A IMED WATER LINE [S TR~NSPORTING W A TF.R FQR.PUDLIC ACCESS lRRTGA TIPt'l; Maximum obtainable separation of reclaimdi water tines and dome~tic water lines sh.all be p:actie~d_ A minimum horizontal separation of S feet (c~nter to cenrer) or 3 feet (outside to outside) shall be maintained betwCCII reclaimed water lines and dth::r potable water mains or sanitary sewer lines. An 18 inch vertical sepatation shall be Irnlinttinco at crossin!;:s. WHE!"i THE RF,~T.AJMF:n WATER LINE IS TRANSPORTING WAnRJ.':O~ON-P-CBLIC JRRTGATT~; The reclaimed water nl31n shall be treated like a sanitary ~ewer, and a 10 fef:t horizontal and 18 inch yertical ~t:pa(atiQn shall be r:Jaintained between the recWmed water main. and 0111 existing or proposed potable water mains. }Io mininll.Jnl separation is required b<tween the reclaimed -.va~ main and sanitary sewers, other than that necessary to ensure sauCtth-:U integrity and protection of t1J.e lines themselves. NOTE: When it is impos,>iblc to obum proper horizoOlaland vel"'jcal sepurations as slipu:aJI:d aoove, DEP may allow deviatioll on a casc-by-case b~~.s ifsupponed by data from !:he design engineer. Approval for the deviadon must be obtained prior to construction. . , . . SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF AUTHORIZATION TO COMMENCE CONSTRUCTION Belleair Townhouses PROJECT NAME Residential PROJECT TYPE Pinellas COUNTY 19/29S/16E SEC{s)/TWP{s)/RGE{s) Belleair Townhouse Partners, Incorporated PERMITTEE Application No.: 46022341.000 DATE ISSUED: September 28, 2001 Issuing Authority THIS NOTICE SHOULD BECONSPICUO.USLY DISPLAYED AT THE SITE OF THE WORK (44.00-075 (10/92) . . SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL FOR MINOR SURFACE WATER MANAGEMENT SYSTEMS PERMIT NO. 46022341.000 I PERMIT ISSUE DATE: September 28, 2001 t EXPIRATION DATE: September 28, 2006 This permit issued under the provisions of Chapter 373, Florida Statutes (F.S.);, and Florida Administrative Code (F.A.C.), Rule 40D-40, authorizes the Permittee to perform the work outlined herein and shown by the application, approved drawing(s), plans, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). All construction, operation and maintenance of the surface water management system authorized by this permit shall occur in compliance with Florida Statutes and Administrative Code and the conditions of this permit. PROJECT NAME: Belleair Townhouses GRANTED TO: Belleair Townhouse Partners, Incorporated 5514 Park Boulevard Pinellas Park, FL 33781 ABSTRACT: This permit is for the construction of a multi-family subdivision, title associated infrastructure, and two ponds. Water quality treatment is provided by effluent filtration in the downstream pond. OP. & MAl NT. ENTITY: Belleair Townhouse Homeowners ASSlDciation, Incorporated c/o Belleair Townhouse Partners, IncOlrporated PROPERTY LOCATION: Pinellas County SEC/TWP/RGE: 19/29S/16E TOTAL ACRES OWNED OR UNDER CONTROL: 1.77 PROJECT SIZE: 1 .77 Acres LAND USE: Residential DATE APPLICATION FILED: May 29, 2001 AMENDED DATE: N/A SPECIFIC CONDITIONS 1. If the ownership of the project area covered by the subject permit is divided, with someone other than the Permittee becoming the owner of part of the project area, this permit shall terminate, pursuant to Section 40D-1.61 OS, F.A.C. In such situations, each land owner shall obtain a permit (which may be a modification of this permit) for the land owned by thatt person. This condition shall not apply to the division and sale of lots or units in residential subdiviisions or condominiums. 2. The discharges from this system shall meet state water quality stanrdards as set forth in Chapter 62-302 and Section 62-4.242, F.A.C., for class waters equivalent to tthe receiving waters. . . Permit No. Project Name: Page 46022341.000 Belleair Townhouses 2 3. Unless specified otherwise herein, two copies of all information and reports required by this permit shall be submitted to: Tampa Regulation Department Southwest Florida Water Management District 7601 U.S. Highway 301 North Tampa, FL 33637-6759 The permit number, title of report or information and event (for recurring report or information submittal) shall be identified on all information and reports submitted. 4. The Permittee shall retain the design engineer, or other professional engineer registered in Florida, to conduct on-site observations of construction and assist with the as-built certification requirements of this project. The Permittee shall inform the District in writing of the name, address and phone number of the professional engineer so employed. This information shall be submitted prior to construction. 5. Within 30 days after completion of construction of the permitted activity, the Permittee shall submit to the Tampa Service Office a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law, utilizing the required Statement of Completion and Request for Transfer to Operation Entity fonn identified in Chapter 400-1, F.A.C., and signed, dated, and sealed as-built drawings. The as-built drawings shall identify any deviations from the approved construction drawings. 6. The District reserves the right, upon prior notice to the Permittee, to conduct on-site research to assess the pollutant removal efficiency of the surface water management system. The Permittee may be required to cooperate in this regard by allowing on-site access by District representatives, by allowing the installation and operation ottesting and monitoring equipment, and by allowing other assistance measures as needed on site. 7. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Tampa Service Office: a. homeowners, property owners, master association or condominium association articles of incorporation, and b. declaration of protective covenants, deed restrictions or declaration of condominium The Permittee shall submit these documents prior to any lot or unit sales within the project served by the surface water management system, or upon completion of construction of the surface water management system, whichever occurs first. 8. The operation and maintenance entity shall submit inspection reports in t~e form required by the District, in accordance with the following schedule. For systems utilizing effluent filtration or exfiltration or systems utiliziing effluent filtration or exfiltration and retention orwet detention, the inspections shall be performed 18 months after operation is authorized and every 18 months thereafter. . . Permit No. Project Name: Page 46022341.000 Belleair Townhouses 3 9. For dry bottom detention systems, the detention area(s) shall become dry within 36 hours after a rainfall event. If a detention area is regularly wet, this situation shall be deemed to be a violation of this permit. 10. Refer to GENERAL CONDITION No. 15 herein. GENERAL CONDITIONS 1. The general conditions attached hereto as Exhibit "A" are hereby incorporated into this permit by reference and the Permittee shall comply with them. ~@~ Authorized Signature An Equal Opportunity Employer Ronnie E. Duncan Chair, Pinellas Thomas G. Dabney, II Vice Chair, Sarasota Janet D. Kovach Secretary, Hillsborough Wataon L Hayn.., 1/ Treasurer. Pine lias Edward W. Chance Manatee Monroe "AI" Coo~er Citrus Maule N. Dominguez Hillsborough Pamela L Fentr... Highlands Ronald C. Johnaon Polk Heidi B. McCree Hillsborough John K. Renke, III Pasco E. D. "Sonny" Vergara Executive Director Gene A. Heath Assistant Executive Director WIlliam s. BUenky General Counsel ProtectingYillJ.r Water Resources South~st Florida Water Management District - _ ~.- J1lB - -" --A" --~ .II. 8''' _. I .......- __. ~ 2379 Broad St. Brooksville, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TOO only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Tampa Service Office 7601 Highway 301 North Tampa. Aorlda 33637-6759 (813) 985-7481 or 1.800-836-0797 (FL only) SUNCOM 578.2070 Bartow Service Office 170 Century Boulevard Bartow, Aorida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377.3722 or 1-800-320-3503 (FL only) SUNCOM 531.6900 Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto. Florida 34461.8070 , (352) 527-8131 ~., . ' SUNCOM 667-3271 ~. September 28, 2001 Roger Broderick Belleair Townhouse Partners, Incorporated 5514 Park Boulevard Pinellas Park, FL 33781 Subject: Notice of Final Agency Action for Approval ERP Standard General for Minor Systems Permit No: 46022341.000 Project Name: Belleair Townhouses County: Pinellas Sec/Twp/Rge: 19/29S/16E Dear Mr. Broderick: This letter constitutes notice of Final Agency Action for approval of the permit application referenced above. Final approval is contingent upon no objection to the District's action being received by the District within the time frames described below. You or any person whose substantial interests are affected by the District's action regarding a permit may request an administrative hearing in accordance with Sections 120.569 and 120.57, F.S., and Chapter 28-106, Florida Administrative Code, (F.A.C.), ofthe Uniform Rules of Procedure. A request for hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-106, F.A. C. Copies of Sections 28-106.201 and 28-106.301, FAC. are enclosed for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is deemed to be the fifth day after the date on which this notice is deposited in the United States mail. Failure to file a request for hearing within this time period shall constitute a waiver of any right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request for hearing. Enclosed is a "Noticing Packet" that provides information regarding the District Rule 400-1.1010, FAC., which addresses the notification of persons whose substantial interests may be affected by the District's action in this matter. The packet contains guidelines on how to provide notice of the District's action, and a notice that you may use. The enclosed approved construction plans are part of the permit, and construction must be in accordance with these plans. . . . Belleair Townhouse Partners, Incorporated Page 2 September 28, 2001 If you have questions concerning the permit, please contact Richard M. Alt, P.E., at the Tampa Service Office, extension 2045. For assistance with environmental concerns, please contact Russell A. Martin, extension 2027. Alba E. Mas, P.E., Director Tampa Regulation Department AEM:srb Enclosures: Approved Permit w/Conditions Attached Approved Construction Drawings - Statement of Completion Notice of Authorization to Commence Construction Noticing Packet (42.00-039) Sections 28-106.201 and 28-106.301, F.A.C. celene: File of Record 46022341.000 John C. Brendla, P.E., John C. Brendla & Associates, Incorporated ~ ... . . ---Original Message--- From: Parry, Mark Sent: Thursday, July 26, 2001 9:04 AM To: Albee, Rick; Barker, Brian; Carrier, AI; Dougall-Sides, Leslie; Fierce, Lisa; Glenn, Tom; Gust, Mike; Hinder, Randy; Maran, Robert; Melone, Donald; Quillen, Michael; Richter, Debbie; Shoberg, Elliot Subject: FLS 01-03-14 - 2492 Belleair Road They have re-resubmitted. I've also been told that they were not just left hanging that they were supposed to have resubmitted some time ago - 'which they have just done. Anyway, the plans are in the "pending" drawer. The resubmitted site plans are actually in an accordian file behind the case file. Any questions - I'll be under my desk Mark Case: FLS 01-03-14 - 2492 Belleair Road Owner/Applicant: Belleair Townhouse Partners, Inc. Location: 1.77 acres located on the north side of Belleair Road approximately 150 feet east of South Haven Drive. Atlas Page: 295B Zoning: MDR, Medium Density Residential (pending with annexation) Request: Flexible Standard approval to permit 13 attached dwellings in the MDR, Medium Density Residential District. Proposed Use: A 13-unit condominium.project. . Presenter: W. Ryan Givens, Planner. Attendees included: Tim Johnson and Alberto Bravar. The DRe reviewed this application with the following comments: 1. Enclosure needs to be 12"XI0 built to city specifications; 2. The enclosure needs to be relocated - save trees and doesn't work for trucks 3. Relocate storm sewer to save 32 inch oak - move line west 4. 30 inch oak (rated 2) in center of site should be removed, with replacement inches 5. eliminate unit I to save 65-inch oak tree - cannot remove more than 30 percent of the tree 6. move sanitary sewer to save 65 inch oak tree 7. roof drain needs to be adjusted to save 32 inch tree 8. at the north east comer of unit there is a 22 inch tree -laurel oak - rated 5 that needs to be preserved 9. they are showing the removal of a lot of trees 10. add larger planting area around magnolia tree (shown as maple tree _ need to correct on plan) 11. there is a 30inch quality 4 tree on the west side of building 12. need to survey the crowns of all trees 13. looks like back out conflicts between units 8 and 9 14. need all sides of the elevations 15. improve the side elevation of unit one - avoid blank wall effect 16. need pedestrian access through the site - perhaps over the sanitary line 17. no defmed parking spaces outside of the units , 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. relocating the downspouts from&ont of the building to the rear - per alberto. show mail boxes missed some trees on the survey that need to be added if going to connect with sommerdale drive for sanitary, need to see trees in right of way survey on the south side ofbellaire road engineer needs to submit stormwater calculations to comply with regulated submitted scs type two - 24 hour type on site less than ten acres city policy is to use rationale method for sites less than ten acres pinellas county right of way access permit prior to building permit showing a gated entrance, need proper stacking for cars entering site gate lock box required per fire department TIF $953 per unit! prior to frrst certificate of occupancy Plat will be required prior to issuance of frrst Certificate of occupancy How do moving vans circulate on site need preliminary plat through the drc Need deed/covenants to show who maintains common areas - can notate on future plat Annexation must be approved prior to issuance of any building permits 2 . . Community Response Team Planning Oept. Cases - ORC Case No~'L.S..).oa~~~- C1/c-o.5 Meeting Date: d-/L~} L),~ Location:~J. f2).tL&.t't~ r2J G;i/ Current Use: \/ a;{/tL'1'-"K" v ~~tive Code Enforcement case~es: ~ddress number (yes) (n6)~ntla~ o/CandsCaPing (yes~ rp/'Overgrown ~ (no) uY'Debris (yes) @/ ~noperative vehicle(s) (yes@V w'" Building(s) (900d~POOr) (vacant land) ~ncing (none)~dilaPidated) (broken and/or missing pieces) ~aint (good) (fair) ~(gariSh) ~ss Parking (yes)@)) ~~sidential Parking Violations (yes) Gi9Y ~~nag~(Ok) (not ok) (billboard) w/Parkin@?striPed) (handicapped) (needs repaving) ~Dumpster (enclosed) (not enclosed)'(\~ ~utdoor storage (yes~ Comments/Status Report (attach any pertinent documents): Date: J../5/~eviewed by: Revised 03-29-01; 02-04-03 Telephone: S~;)..-lf7:~S . . DRC Meeting Date: February 13, 2003 Case Number: FLS2003-01005 Agenda Item: 2:20 p.m. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: APPLICANT: Belleair Townhouse Partners, Inc. (Roger B. Broderick) LOCATION: 2492 Belleair Road REQUEST: Flexible Development approval to permit attached dwellings in the Medium Density Residential District under the provisions of Section 2-303.A. PLANS REVIEWED: Site plan submitted by JCB and Associates. SITE INFORMATION: PROPERTY SIZE: 1.77 acres; 77,101 square feet DIMENSIONS OF SITE: 219 feet of width by 350 feet of depth PROPERTY USE: Current Use: Proposed Use: Vacant Multi-family residential PLAN CATEGORY: RU, Residential Urban Classification ZONING DISTRICT: MDR, Medium Density Residential District ADJACENT LAND USES: North: Mobil home park West: Single-family residential East: Florida Power right-of-way South: Citrus orchard CHARACTER OF THE IMMEDIA TE VICINITY: Single- and multi-family dwellings, dominate the immediate vicinity. DRAFT Staff Report - Development Review Committee February 13,2003 - Case FLS2003-01005- Page 1 . . HISTORY: The Development Review Committee originally reviewed this proposal on April 12, 2001. The DRC recommended approval of the project with the following five conditions: 1. That a Pinellas County right-of-way access permit be secured prior to issuance of building permit; 2. That a Transportation Impact Fee (TIP) of $953 per unit be paid prior to the issuance of the first Certificate of Occupancy; 3. That a preliminary plat be filed with the City of Clearwater and that a final plat be filed with Pinellas County, prior to the issuance of the first Certificate of Occupancy; 4. That the Open Space/Recreation Impact fee of $9,991.16 be paid prior to City prior to issuance of a building permit; and 5. That all signage comply with Code through requisite building permits. Community Development Coordinator subsequently approved the application based on the findings of the DRC with the above five conditions on October 10, 2001. An application for building permit must be made within one year of Flexible Standard Development approval under the provisions of Section 4-303. The Development Order expired due to the fact that application for building permit was not made on or before October 10, 2002. The only option available to the applicant is to reapply as part of a Level One, Flexible Standard Development. The site and landscape plans and elevations have been submitted exactly the same as originally approved by the Community Development Coordinator. ANALYSIS: The 1.77-acre site is located at the north side Belleair Road approximately 1,200 feet west of U.S. Highway 19 North. It is located along a significant east-west corridor at the southern edge of Clearwater connecting the coastal area to U.S. Highway 19 North. A residentially developed area exists to the north and includes a mix of single-family dwellings, mobile homes and attached dwellings. The site contains an existing 960 square foot, single-story, masonry-block building apparently used as a garage. The site is otherwise vacant. The site has one, existing driveway along the south property line (Belleair Road). The proposal includes 13 dwelling units totaling 19,980 square feet located within two, two-story buildings 25 feet in height. The buildings will be finished in a Mediterranean-style architecture including a sand-colored, stucco exterior and terra cotta-style, asphalt shingles. Attached dwellings within the Medium Density Residential District are required to be reviewed as part of a Level One, Flexible Standard Development. CODE ENFORCEMENT ANALYSIS: There are no outstanding enforcement issues associated with this site. DRAFT Staff Report - Development Review Committee February 13,2003 - Case FLS2003-01005 - Page 2 e . A. COMPLIANCE LOW MEDIUM DENSITY RESIDENTIAL DISTRICT (Section 2- 301.1): STANDARD REQUIRED! EXISTING PROPOSED IN PERMITTED COMPLIANCE? DENSITY 7.5 dwelling units Zero dwelling 13 dwelling Yes per acre (13 units) units units IMPERVIOUS 0.65 0.20 0.64 Yes SURFACE RA TIO (ISR) B. FLEXIBLE DEVELOPMENT STANDARDS FOR ATTACHED DWELLINGS IN THE MEDIUM DENSITY RESIDENTIAL DISTRICT (SECTION 2-302.A): STANDARD PERMITTED! EXISTING PROPOSED IN REQUIRED COMPLIANCE? LOT AREA 10,000 square 77,101 square 77,101 square Yes (minimum) feet feet feet LOT WIDTH 100 feet 219 feet 219 feet Yes (minimum) FRONT 25 feet South: 63 feet to South: 25 feet to Yes SETBACK building building REAR 10 feet North: 245 feet North: 11 feet to Yes SETBACK to building; 140 building feet to pavement SIDE 5 feet East: 189 feet East: five feet Yes SETBACK West: five feet West: 18 feet HEIGHT 30 - 40 feet 12 feet 25 feet Yes maximum PARKING Two spaces per Vacant 26 spaces Yes SPACES unit (26 spaces) minimum DRAFf Staff Report - Development Review Committee February 13,2003 - Case FLS2003-01005- Page 3 .. . . C. FLEXIBILITY CRITERIA FOR ATTACHED DWELLINGS IN THE LOW MEDIUM DENSITY RESIDENTIALIMEDIUM DENSITY RESIDENTIAL DISTRICT (Section 2- 1602.E.): 1. Height; a) The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; The height proposed for the attached dwellings is approximately 25 feet. This is less than the 30 - 40 permitted by Code. b) The increased height will not reduce the vertical component of the view from a parcel of land which is designated as low density residential in the Zoning Atlas; The height proposed for the attached dwellings is approximately 25 feet. This is less than the 30 - 40 permitted by Code. In addition, the property is not located adjacent to property designated as Low Density Residential in the Zoning Atlas. 2. The parcel proposed for development is not contiguous to a parcel which is designated as low density residential in the Zoning Atlas; The property is not located adjacent to property designated as Low Density Residential in the Zoning Atlas. Surrounding properties are designated Mobil Home Park or are located in unincorporated Pinellas County. Surrounding land uses include a Florida Power right- of-way to the east, a mobile home park to the north, single-family to the west and a citrus orchard to the south across Belleair Road. 3. Off-street parking is screened from adjacent parcels of land and any adjacent street by a landscaped wall or fence of at least four feet in height; All required off-street parking will be located within enclosed garages effectively screened from all adjacent parcels and any adjacent street. In addition landscaping will be located along all property lines. DRAFT Staff Report - Development Review Committee February 13,2003 - Case FLS2003-01oo5 - Page 4 ~ . . D. GENERAL APPLICABILITY (Section 3-913): Conditions which are imposed by the Community Development Coordinator and the Community Development Board pursuant to a Level One or a Level Two Approval shall ensure that: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. The area is characterized with a mix of residential uses including single- and multi-family dwellings and mobile homes. A Florida Power right-of-way exists along the east side of the site. The proposal includes 13 dwelling units totaling 19,980 square feet located within two, two-story buildings 25 feet in height. The buildings will be finished in a Mediterranean-style architecture including a sand-colored, stucco exterior and terra cotta- style, asphalt shingles. The buildings will more closely resemble single-family dwellings with regards to size and scale. The site will be effectively buffered with landscaping along all property lines. It will provide a positive redevelopment example for the area. The development complies with density and impervious surface ratio standards within the Medium Density Residential District and the Residential Urban Land Use classification. The proposal is consistent and in harmony with scale, bulk, coverage, density and character of the adjacent properties. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The site is zoned Medium Density Residential District and characterized by single- and multi-family dwellings. The character and intensity of the proposed development will be in compliance with that zoning classification. The development complies with density and impervious surface ratio standards within the Medium Density Residential District. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. The proposed multi-family development should not create any adverse health or safety impacts in the neighborhood and is permitted in the Medium Density Residential District. 4. The proposed development is designed to minimize traffic congestion. The proposal will have no effect on traffic congestion in the area. s. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The proposed development is consistent with the community character of the immediate vicinity. DRAFT Staff Report - Development Review Committee February 13,2003 - Case FLS2003-01005- Page 5 . .. . . 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. The proposal includes 13 dwelling units totaling 19,980 square feet located within two, two-story buildings 25 feet in height. The buildings will be finished in a Mediterranean- style architecture including a sand-colored, stucco exterior and terra cotta-style, asphalt shingles. The buildings will more closely resemble single-family dwellings with regards to size and scale. The level of service on Belleair Road will not be degraded. SUMMARY AND RECOMMENDATION: The application and supporting materials were reviewed by the Development Review Committee on February 13, 2003. The Planning Department recommends APPROVAL of the Flexible Standard Development application to permit attached dwellings in the Medium Density Residential District under the provisions of Section 2-303.A. for the site at 2492 Belleair Road, with the following bases and conditions. Bases for Approval: 1. The proposal complies with the Flexible Development criteria as a Residential Infill Project per Section 2-303.A. 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 (all conditions of approval are consistent with the conditions originally applied to this application as approved on October 10. 2001 ): 1. That a Pinellas County right-of-way access permit be secured prior to issuance of building permit; 2. That a Transportation Impact Fee (TIP) of $953 per unit be paid prior to the issuance of the first Certificate of Occupancy; 3. That a preliminary plat be filed with the City of Clearwater and that a final plat be filed with Pinellas County, prior to the issuance of the first Certificate of Occupancy; 4. That the Open Space/Recreation Impact fee of $9,991.16 be paid prior to City prior to issuance of a building permit; and 5. That all signage comply with Code through requisite building permits. Prepared by: Planning Department Staff: Mark T. Parry, Planner S:\Planning Departmen^C D B\Standard Flex\Pending Cases\3 - Up for the Next DROBelleair 2492 Belleair Townhomes\Belleair 2492 STAFF REPORT.doc DRAFf Staff Report - Development Review Committee February 13,2003 - Case FLS2003-01005- Page 6 ~--- . . ~(~~.~ g~ ~ ,)I/~ ~~ , C":) - - - -=;:C~ ~~ - ~~ ~~ - 9S ~~;r~. ~~ ~~~tP;: CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT March 26, 2003 Mr. Roger B. Broderick 5514 Park Boulevard Pinellas Park, FL 33781 [:J ;'.1 ,1 , f~ I.;;, "",-,' ,~,4 RE: Development Order regarding Case ~S200J:uroo5 at 2492 Belleair Road Dear Mr. Broderick: This letter constitutes a Development Order pursuant to Section 4-202.E of the Community Development Code. On February 13, 2003, the Development Review Committee (DRC) reviewed your application for Flexible Standard Development to permit attached dwellings in the Medium Density Residential (MDR) District under the provisions of Section 2-303.A. The proposal includes 13 dwelling units totaling 19,980 square feet located within two, two-story buildings 25 feet in height. The DRC recommended approval of the application with the following bases and condition: Bases for approval: 1. The proposal complies with Attached Dwelling criteria under the provisions of Section 2-303.A.; 2. The plan complies with General Applicability Criteria under the provisions of Section 3-913; and 3. The proposed development is compatible with the surrounding area. Conditions of Approval: 1. That evidence of a County right-of-way permit for all work in the right-of-way be obtained prior to the issuance of any permits; 2. That all Fire Code requirements be met prior to the issuance of any permits; 3. That all required Transportation Impact Fees be paid prior to the issuance of the first Certificate of Occupancy; 4. That four-sided, rendered, dimensioned and scaled elevations be submitted to and approved by Staff prior to the issuance of any permits; 5. That a landscape plan which meets the intent of Code be submitted to and approved by Staff prior to the issuance of any permits; 6. That all required Traffic Code requirements be met prior to the issuance of any permits; 7. That a preliminary plat be filed with the City of Clearwater and that a final plat be filed with Pinellas County, prior to the issuance of the first Certificate of Occupancy; 8. That all signage comply with Code through requisite building permits; and BRIAN J AUNGST, MAYOR-COMMISSIONER WHITNEY GRAY, VICE MAYOR-COMMISSIONER HoYT HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" . . March 26, 2003 Broderick - Page Two 9. That a Tree Preservation Plan be submitted to and approved by Staff prior to the issuance of any permits to include the following: . Impacts to the critical root zones (drip lines) that the proposed building, parking, stormwater and utilities will make and how those impacts will be addressed (i.e.; crown elevating, root pruning and/or root aeration systems); . The actual tree barricade limits (2/3 of the drip line and/or in the root prune lines if required) and Code compliant tree barricade details to include a two-inch by two- inch upright with a one-inch by four-inch rail; and . Any other pertinent information relating to tree preservation; 10. That evidence of a Pinellas County Health Permit for water and sewer mam extensions be submitted to Staff prior to issuance of any permits; 11. That all required Parks and Recreation fees be paid prior to the issuance of any permits or final plat, whichever comes first. I concur with the findings of the Development Review Committee and, through this letter, approve your application for Flexible Standard Development with the above 11 conditions. The approval is based on and must adhere to the site plan and application dated received March 21, 2003. Pursuant to Section 4-303, an application for a building permit shall be made within one year of Flexible Development approval (February 20, 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. If you have any questions, please do not hesitate to call Mark T. Parry, Planner, at 727.562.4558. You can access zoning for parcels within the City through our website: www.clearwater-fl.com. * Make Us Your Favorite! Very truly yours, Cynthia H. Tarapani, AICP Planning Director S:\Planning Departmenf\C D B\Standard Flex\Jnactive or Finished Cases\Belleair 2492 Belleair Townhomes II - Approved\Belleair 2492 DEVELOPMENT ORDER. doc . . f,,"III~ ..f~~t..LOF Tilt. ##.... ,'.t~ 1);""u",,,,J~')'k.. ,~~.. ~,..~- :e:sf-.,) 'I " \. !;:~ ll~~-(\-' ''5X:~ --r:':. .~_~=~~~ll -.-S ='~= ~\ "~..d>. -~..~ n.;:\ -,y.L\.....-~ ~r-..,~, ~.,:~$;f;;;;.'~~..... .................., TE~~ If" ~,.,II." CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PLANNING DEPARTMENT January 31, 2003 RE: NOTICE OF FILING OF AN APPLICAT~IiEXIBLE STANDARD DEVELOPMENT APPROVAL AT 2492 BELLEAIR ROAD (FLS2003-OlUUS) To Surrounding Property Owners: As a property owner within 200 feet of 2492 Belleair Road, 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 permit attached dwellings in the Medium Density Residential District under the provisions of Section 2-303.A. The proposal includes 13 dwelling units totaling 19,980 square feet located within two, two-story buildings 25 feet in height. On February 13, 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 earliest date that the City will make a decision on the application will be February 20, 2003. The City encourages you to participate in the review process of this application. You may phone me at 727- 562-4558 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 (February 13, 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-tlcom or my direct email addressatmparry@clearwater-fl.com. Sincerely, Mark T. Parry Lead Planner S:\Planning Departmenf\C D BlStandard FleXIPending Cases\3 - Up for the Next DRC\Belleair 2492 Belleair Townhomes\Belleair 2492 N otificationLe tte r.doc BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITI>;EY GRAY, VICE MAYOR-COMMISSIONER HoYr HAMILTON, COMMISSIONER FRANK HIBBARD, COMMISSIONER * BILL]ONSON, COMMISSIONER "EQUAL EMPLOYMENT AND AFFIRMATNE ACTION EMPLOYER" e e 'IlPW Newsome, Helen V Belleair Townhouse Partners 12260 Seminole Blvd 2486 Belleair Rd 5514 Park Blvd ~ Largo FI 33778 - Clearwater FI 33764 - 1732 Pinellas Park F13378t~ Belleair Townhouse Partners Florida Power Corp l'reshler, ~~~~ 5514 Park Blvd C/O Tax Dept Cxlg 2330 Ne Coachman Rd Pinellas Park Fl33781 - 3326 Po Box 14042 Clearwater Fl33765 - 2216 St Petersburg FI 33733 - 4042 Kronauge,Suzanne Galyen, Jerry D Evans, Ronald W 1575 Havana Way Galyen, Somchai Evans, Pamela H Clearwater Fl33764 - 2799 1553 Ambrosia Dr 1568 Ambrosia Dr Clearwater FI 33764 - 2735 Clearwater FI 33764 - 2735 Evans, Ronald W Kuenn, Herbert H Tre Kuenn, Herbert H Tre Evans, Pamela H 1574 Ambrosia Dr 1574 Ambrosia Dr 1568 Ambrosia Dr Clearwater FI 33764 - 2735 Clearwater FI 33764 - 2735 Clearwater FI 33764 - 2735 Tikkanen, Victor Derbonne, Joseph L Pastorino, Dolores A Tikkanen, Kimberly Derbonne, Gwynette A Kambach-Pastorino, M 2534 Belleair Rd 1554 South Haven Dr 1560 South Haven Dr Clearwater FI 33764 - 1733 Clearwater FI 33764 - 2755 Clearwater FI 33764 - 2755 Steegman, Steven A Wagner, Dorothy M Uhlin, Wayne D 1566 South Haven Dr 1572 South Haven Dr Uhlin, Janet M Clearwater FI 33764 - 2755 Clearwater FI 33764 - 2755 2251 Belleair Rd Clearwater Fl33764 - 2761 Fritz, Charles T Youmans, Donna M Tre Youmans, Donna M Tre 2445 Ham Blvd Youmans, William L Tre Youmans, William L Tre Clearwater Fl33764 - 2908 2220 Sequoia Dr 2220 Sequoia Dr Clearwater Fl33763 - 1138 Clearwater FI 33763 - 1138 Tetro Trust Bell, Barbara E Carlson, Rodney E C/O Belleair Oaks C/O Jackson Shipping Carlson, Eleanor G Preschool 5353 W Tyson Ave 1579 South Haven Dr 2480 Belleair Rd Tampa Fl33611 - 3225 Clearwater FI 33764 - 2754 Clearwater FI 33764 - 1732 Britton, Betty A Herman, Donna M Tre Pearson, Jeffry W 1573 South Haven Dr Po Box 93 Pearson, Kim D Clearwater FI 33764 - 2754 Suttons Bay Mi 49682 - 0093 1561 South Haven Dr Clearwater FI 33764 - 2754 Freeman, Irene C Freeman, Todd R Repetto, Allison W 1555 South Haven Dr 1549 South Haven Dr 5800 Seminole Blvd Clearwater FI 33764 - 2754 Clearwater FI 33764 - 2754 Seminole FI 33772 - 7331 , Florida Power Corp C/O Tax Dept Cx1g - Po Box 14042 , St Petersburg Fl 33733 - 4042 Mucci, Ralph S Mucci, Patricia 2450 Sherwood Ln Clearwater F133764 - 6551 N B D Bank Tre Rollings, Randy R Trust C/O lcg Po Box 8265 Wichita Falls Tx 76307 - 8265 Clough, Stephen K 1721 AlIens Creek Dr Clearwater Fl 33764 - 2567 - Smith, William C Smith, Gladys J 2493 Belleair Rd Clearwater Fl 33764 - 2794 Schick, David Schick, Diane 2452 Sherwood Ln Clearwater F133764 - 6551 Fitzgerald, Ana I 1611 Summerdale Dr S Clearwater Fl 33764 - 6501 Clough, Stephen K 1721 AlIens Creek Dr Clearwater Fl 33764 - 6558 e Smith, Gladys J Smith, William C 2493 Belleair Rd Clearwater Fl 33764 - 2794 Matthews, Marvin A Matthews, Carol L 1601 Summerdale Dr S Clearwater Fl 33764 - 6501 Vaillancourt, John Vaillancourt, Kelly 1621 Summerdale Dr S Clearwater Fl 33764 - 6501 Stringfield, Jeffrey S Roth, Sonja 1600 Summerdale Dr S Clearwater Fl 33764 - 6502 .""11,, .'~~ ~LOF 7#t ;;#" ..~\)':.."" ~,~...... n!'. " ,# ~... .... ....... :;......... ~~- \..~ ,\ I -~...-.. ~. Q~"~ ',\..--{~?ffl:r', '\ ~ ':. ~C"":)~~L.--.-.-.-'~-~"c::('" r::- .. --- - ~~ ':.~\.~~: .. ~.. '- '~ -~ "'"'....--------..-., .... .", 7f;t"..;..~"\).~ ......;... I"f TE~, .... -"'"11' , . CITY OF . CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAl. SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 PlANNING DEPARTMENT January 24,2003 Mr. Roger B. Broderick 5514 Park Boulevard Pinellas Park, FL 33781 ~ r M f"IM l- ,. ..... r. 1 "'T1 ~_._._;!._~ Application for Flexible Standard approval (FLS?Om-O 1 005) to permit attached dwellings in the Medium Density Residential District under the provisions of Section 2-303.A. RE: Dear Mr. Broderick: The Planning staff has reviewed your application to permit attached dwellings in the Medium Density Residential District under the provisions of Section 2-303.A at 2492 Belleair Road. The proposal includes 13 dwelling units totaling 19,980 square feet located within two, two-story buildings 25 feet in height After a preliminary review of the submitted documents, staff has determined that the application is complete pending the receipt of the following information: 1. Provide four-sided, rendered dimensioned, scaled elevations are required; 2. Clarify what, if any, fencing will be included with the development. Include location, height, materials and color The application has been entered into the Department's filing system and assigned the case number: FLS2003-0 1 005. The Development Review Committee (DRC) will review the application for sufficiency on February 13, 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 client 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 727-562-4558. Sincerely yours, v---- Mark Parry Lead Planner /7 S:\Planning Departmen^C D B\Standard FleX\Pending Cases\3 - Up for the Next DRC\Belleair 2492 Belleair Townhomes\Belleair 2492 complete letter. doc BRIAN J. AUNGST, MAYOR-COMMISSIONER WHITNEY GHAY, VICE MAYOH-COMMISSIONEH HoY!" HAMILTON, COMMISSIONEH FHANK HIBBAHIl, COMMISSIONEH * BII.I.JONSON, COMMISSIONER "EQIJAI. EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"