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REZ2016-08005ATLAS# 254A REZ2016--0-8005 (Related to LUP2016-08008) Montclair Lake Townhomes LLC. 2251 Montclair Rd. DRC: 01/05/16 CDB: CC 1: CC2: � c�111.,6 Proposed Zoning: MHDR ORDINANCE NO.: '69 S, I - � Northside January 17th 2017 City of Clearwater (Planning Department) Attn: Ellen Crandall, Senior Planner, Long Range Planning Manager 100 South Myrtle Avenue Clearwater, Florida 33756 Subject: REZ2016-08005 & LUP2016-08008 - 2251 Montclair Road Parcel Id: 06-29-16-00000-230-0200 Dear El Ien, Civil Land Planning Due Diligence Reports Re -Zoning. Land Use.Annexation Storinvvater Management Utility Design Traffic Construction Administration Please find the following items attached in CD and hard copy (10 Sets Each) plus one (1) original for case numbers REZ2016--08005 and LUP2016-08008. I . C1.0 Zoning Plan and Land Use Amendment, 2. Sketch of Wetlands One (1) & Two (2), 3. Armstrong Environment Service Report, 4. SWFWMD Permit Approval and Amendment, 5. Rezoning Application & Comprehensive Plan Amendment Application for Future Land Use and, 6. Narrative for Rezoning Application & Comprehensive Plan Amendment, If any additional information is requested, please do not hesitate to contact our staff. Sincerely, Sandra ilBradbury, Office Manager 300 South Belcher Road PAGE 1 OF 1 Clear,+dater, Florida 33705 Tel: 727-443-2309 Fax: 727-446-8036 `WWI' (AT"' OF COLEARW ' TER PLANNING & DEVELOPMENT DEPARTMENT POST OFFICE Box 4748, CLEARWATER, FLoRmA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORmA 33756 -- i TELEPHONE (727) 562-4567 FAx (727) 562-4865 9:00 AM Case LUP2016-08008 -- 2251 MONTCLAIR RD Owner(s): Montclair Lake Townhomes LLC. 175 Bayside Drive Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Drive Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: gus@digiovannihomes.com Representative: Housh Ghovaee 300 S Belcher Road Clearwater, FL 33765 PHONE: 7277090943, Fax: 7274468036, Email: housh@northsideengineering.net; sandy@northsideengineering.net Location: 0.72 -acre portion of a property located on the south side of Montclair Road approximately 770 feet west of north Belcher Road. Atlas Page: 254A Zoning Medium High Density Residential Request: This case involves a request to amend the Future Land Use Map designation of a 0.72 -acre portion of a property from Preservation (P) to Residential Medium (RM). Proposed Use: Neighborhood College Park Association(s): Presenter: Ellen Crandall, Senior Planner The DRC reviewed this application with the following comments: Environmental Review Prior to issuance of site building permit: Provide assurance that fill or other development activities will not impact Preservation areas beyond the property line. **SEE PAGE 8 ON DOCUMENT. Please acknowledge, SEK 12/29/16 Response: Acknowledged. Planning Review The Future Land Use Plan Designation to the south of the southernmost tract of wetland is Water. Prior to CDB submittal correct on the application and site plan. **SEE PAGE 7 ON DOCUMENT. Response: Application and site plan have been corrected. Planning Review In the first response to the Comprehensive Plan Amendment Criteria a development of eighty-six (86) units is referenced. The subject site currently has active building permits for phase one with 60 dwelling units. A phase two of 26 is referenced however it is not permitted nor approved. This application will in fact allow for phase two with additional dwelling units which have not been approved. A development of 86 dwelling units has not been approved. Prior to CDB correct the statements referring to approved development of dwelling units. **SEE PAGE 15 ON DOCUMENT. Response: Applicable statements have been corrected. 1/5/2017 1 DRC Comments LIT`T OF C-.4LEARW " TER Ay PLANNING & DEVELOPMENT DEPARTMENT Mav s POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 � 100 SOUTH MYRTLE AVENUE CLEARWATER FLORIDA 33756 MUNICIPAL SERVICES BUILDING, , , ��q ttfflf�� TELEPHONE (727) 562-4567 FAx (727) 562-4865 Planning Review In the first response to the Comprehensive Plan Amendment Criteria an Response: See revised. Planning Review The Future Land Use designation for the property to the south is Water not Preservation. Prior to CDB submittal correct site plan future land use designations. **SEE PAGE 60 ON DOCUMENT. Response: See revised site plan. Planning Review See previous comments to the Comprehensive Plan Amendment Criteria and 1/5/2017 2 DRC Comments improved site plan is referenced. Clearly detail and describe the improved site plan that this proposal will allow. **SEE PAGE 15 ON DOCUMENT. Response: See revised response. Planning Review In the first response to the Comprehensive Plan Amendment Criteria the proposed change is stated as increasing the allowable density of the property by 14 dwelling units. This in incorrect. At 15 dwelling units per acre for 0.72 acres will increase the density by ten (10) units. Prior to CDB submittal correct dwelling unit numbers. **SEE PAGE 15 ON DOCUMENT. Response: See revised response. Planning Review This previous comment from 8/23/16 was not sufficiently addressed: The amendment does increase density and therefore development potential on the site. What is stated as a response is not entirely accurate. Response should address utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Prior to CDB submittal revise. **SEE PAGE 17 ON DOCUMENT. Response: See revised responses. Planning Review Through the Land Use Plan Amendment Process the maximum development potential for the proposed land use designation is reviewed. Stating that the site will be developed with a set number of townhouses and will not utilize the full development potential of the proposed land use change is not legally binding or enforceable. This process is not a development agreement or approved site plan for construction. Limiting or approving the development of eighty-six townhouses is not part of this application nor is it justification of the proposed Land Use change. **SEE PAGE 17 ON DOCUMENT. Response: Acknowledged and revised. Planning Review Item six would be the appropriate place to discuss the improved site plan. **SEE PAGE 18 ON DOCUMENT. Response: See revised Item 6. Planning Review This comment from 8/23/2016 was not addressed. Portions of the parcel adjacent to the north also contain areas designated as Preservation on the City's Future Land Use Map and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted under the SWFWMD permit. Please explain how this will not adversely affect the area designed Preservation located on parcel 06-29-16-00000-230-0100. This is also applicable to the southern portion. Prior to CDB submittal clarify how the adjacent areas to remain Preservation will be protected. **SEE PAGE 18 ON DOCUMENT. Response: See revised responses. Planning Review The Future Land Use of the area to the south is Water, not Preservation. Prior to CDB submittal correct the Future Land Use designation on the site plan. **SEE PAGE 20 ON DOCUMENT. Response: See revised site plan. Planning Review The Future Land Use Plan Designation for the property to the south is Water, not Preservation. Correct prior to CDB submittal. **SEE PAGE 56 ON DOCUMENT. Response: See revised. Planning Review The Future Land Use designation for the property to the south is Water not Preservation. Prior to CDB submittal correct site plan future land use designations. **SEE PAGE 60 ON DOCUMENT. Response: See revised site plan. Planning Review See previous comments to the Comprehensive Plan Amendment Criteria and 1/5/2017 2 DRC Comments CHIT"w' OF C,LEARW' TER ti PLANNING & DEVELOPMENT DEPARTMENT a 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 revise this section also. **SEE PAGE 61 ON DOCUMENT. Response: See revised. Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 20 ON DOCUMENT. Response: See revised site plan. 1/5/2017 3 DRC Comments r Montclair Lake Estates 2251 Montclair Road Clearwater, Florida Subject: LUP2016-08008 Parcel Id: 06-29-16-00000-230-0200 300 South Belcher (toad PAGE 1 OF 8 Clearwater, Florida 33755 Tel: 727-443-2869 Fax: 727-446-8036 Civil Land Planning Due Diligence 8eporu Re -Zoning, land Use, A nnexation $tormwrater minagginent Uriliry Design Traffic Constrmtioa) Adrninrstration Comprehensive Plan Amendment for Future Land Use Application Page 2 of 8 Z:\2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\O1d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx LL o Planning & Development Department earwaterCl Com rehensive Plan Amendment Application P PP 0 Including Future Land Use Map Amendments ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $885 Future Land Use Map Amendment only, includes Zoning Atlas Amendment $0 Comprehensive Plan Text Amendment APPLICATION TO AMEND: X FUTURE LAND USE MAP (select one) COMPREHENSIVE PLAN (TEXT) PROPERTY OWNER (PER DEED): Montclair Lake Townhomes, LLC. (Gus DiGiovanni MAILING ADDRESS: 175 Bayside Drive, Clearwater, Florida 33767 PHONE NUMBER: 727-797-8972 EMAIL: gus@digiovannihomes.com AGENT OR REPRESENTATIVE: Northside Engineering, Inc. (Housh Ghovaee) MAILING ADDRESS: 300 South Belcher Road. Clearwater. Florida 33765 PHONE NUMBER: 727-443-2869 EMAIL: housh northsideen ineering.net ADDRESS OF SUBJECT PROPERTY (if applicable): 2251 Montclair Road, Clearwater, Florida 33763 PARCEL NUMBER(S): 06-29-16-00000-230-0200 LEGAL DESCRIPTION: See site plan and attached. DESCRIPTION OF TEXT Change (P) Preservation to (RM) Residential Medium, in order to construct AMENDMENT (if applicable): townhomeS. Specifically identify the requested amendment to the Comprehensive Plan Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 6 Revised 03112 LL o Planning & Development Department learwaterComprehensive Plan Amendment Application p pP Including Future Land Use Map Amendments PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. FUTURE LAND USE PLAN DESIGNATION PRESENT: P - Preservation REQUESTED: RM - Residential Medium ZONING DISTRICT PRESENT: P - Preservation REQUESTED: MHDR - Medium High Density Residential SITE AREA: 31,582 sq. ft. 0.98 acres MAXIMUM ALLOWABLE DENSITY/INTENSITY(S) Current/Existing Future Land Use(s): 0 Proposed Future Land Use(s): 15 (units, rooms or beds per acre or non- residential square footage) USE(S): Existing (currently on site or previous use if vacant): Wetland Proposed (new use, if any; plus existing if to remain): Townhomes FUTURE LAND USE PLAN DESIGNATIONS FOR ALL ADJACENT PROPERTY: North: RM - Residential Medium South: W - Water East: RM - Residential Medium West: W - Water STATE OF FLORIDA, COUNTY OF PINELLAS 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. Sworn to and subscribed before me this 16 day of January 2017 to me and/or by Housh Ghovaee who is personally known has pro ed (Personal Known) as identification. ignature of property owner or representative "d ff-470StMofFWdm otary public, Sandra radbury #FF910aee BradburyysaionFF910S27 My commission expires: 08.18.2019 aw t 18 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 Revised 03/12 0 Planning & Development Department Clearwater Comprehensive Plan Amendment Application U Submittal Package Checklist IN ADDITION TO THE COMPLETED COMPREHENSIVE PLAN AMENDMENT APPLICATION, ALL COMPREHENSIVE PLAN AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING: Ud If the application is for an amendment to the Comprehensive Plan Future land Use Map (LUP), in addition to the application, the applicant must also provide the following: ® Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating ownership) [Note: Submit two copies only at time of original application] ® Legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida is required. ® Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-603.F. The attached Comprehensive Plan Amendment Standards for Review sheet shall be used to provide these responses. ® An assessment of the impact of the proposed change on the adequacy of public facilities, the environment, community character, and the fiscal condition of the city. ❑ If the application is for an amendment to the Comprehensive Plan text (CPA), and does not affect an individual parcel of land, in addition to the application, the applicant must also provide the following: ❑ Data and analysis to support such an amendment under Florida Statutes. ❑ Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-603.F. The attached Comprehensive Plan Amendment Standards for Review sheet shall be used to provide these responses. ® A Traffic Impact Study is not required as part of the application for an amendment to the Comprehensive Plan Future Land Use Map (LUP). A Traffic Impact Study may be provided at the applicant's discretion to supplement the assessment of the impact of the proposed change on the adequacy of public facilities (existing roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development review if the total generated net new trips generated by the proposed development meet one or more conditions outlined on the appropriate application. ® PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public hearings scheduled for the proposed amendment including public hearings before the Community Development Board and City Council. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 6 Revised 03/12 LL o Clearwater Planning & Development Department ComP rehensive Plan Amendment Standards for Review PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS COMPREHENSIVE PLAN AMENDMENT. 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. See Narrative 2. The amendment is not inconsistent with other provisions of the comprehensive plan. See Narrative 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. See Narrative 4. Sufficient public facilities are available to serve the property. See Narrative 5. The amendment will not adversely affect the natural environment. See Narrative 6. The amendment will not adversely impact the use of property in the immediate area. See Narrative Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 Revised 03112 Planning & Development Department Comprehensive Plan Amendment BRI(JI t' hili) BLAUTIMI BAS" M BI AOi 1 Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: Montclair Lake Townhomes, LLC. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Gus DiGiovanni 3. That this property constitutes the property for which a request for (describe request): Land Use Amendment 4. That the undersigned (has/have) appointed and (does/do) appoint: Housh Ghovaee as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; 7. That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. Gus DiGiovanni a Property Owner —Property Owner 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 16 DAY OF January 1 2017 PERSONALLY APPEARED Gus DiGiovanni WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. �� I Np NON" Public B dbury Sandra L. Bradbury Notary Mic Signature #FF91 7 �r"�18120ig 527 My Commission °r ti 8 Notary Sea t p Expires: 08.18.2019 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567 Page 5 of 5 Revised 10/05/2016 Narrative of Comprehensive Plan Amendment Page 4 of 8 Z:\2014 AutoCAD Projects\1433 - Montclair lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Montclair Lake Estates 2251 Montclair Road Comprehensive Plan Amendment Criteria The request to change the Future Land Use designation of the subject total 0.72 acres from Preservation (P) to Residential Medium (RM) is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation to provide a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2 of Montclair Lake Estates. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. 1. The amendment will further implementation of the comprehensive plan consistent with the goals, policies and objectives contained in the plan. Response: The proposed amendment from Preservation (P) to Residential Medium (RM) is consistent with the applicable Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element: Goal A.1 — THE CITY OF CLEARWATER SHALL CONTINUE TO PROTECT NATURAL RESOURCES AND SYSTEMS THROUGHOUT THE CITY AND ENSURE THAT THESE RESOURCES ARE SUCCESSFULLY INTEGRATED INTO THE URBAN ENVIRONMENT THROUGH LAND DEVELOPMENT REGULATIONS, MANAGEMENT PROGRAMS, AND COORDINATION WITH FUTURE LAND USE INTENSITIES AND CATEGORIES. Objective A.1.1 — On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policy A.1.1.1— Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non -jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3 — Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.1.1.8 — Mitigation plans for alteration of non -jurisdictional wetlands, beach dunes, swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the Engineering Department and/or City Council, and in coordination with the Southwest Florida Water Management District (SWFWMD). Response: The existing Preservation (P) designation was modified in the past based on a survey of the jurisdictional wetlands. The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The proposed Residential Medium (RM) designation is 1 consistent with the other upland areas of this overall development of Residential Medium (RM). The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policies. Objective A.5.3 — Use the city-wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 — Preserve the residential character of the designated scenic non-commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Policy A.5.3.2 — Maintain the mix of residential and commercial uses along Belcher Road from Countryside Boulevard to Northeast Coachman Road. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policies. Objective A.5.5 — Pro'mote high quality design standards that support Clearwater's image and contribute to its identity. Policy A.5.5.1 — Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policy. Goal A.6 — The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.2 — The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.1— On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policy. , 2 Conservation Element: GOAL F.1 — TO PROTECT AND CONSERVE ALL ASPECTS OF THE NATURAL ENVIRONMENT AND TO ENHANCE NATURAL FEATURES WHICH CONTRIBUTE TO THE EXISTENCE OF THE NATURAL QUALITIES AND CHARACTERISTICS OF CLEARWATER'S SENSITIVE ENVIRONMENT. Objective F.1.2 — The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Objective F.1.5 — The City shall continue to maintain the wetland inventory of 760 acres as identified in the City's 2005 Wetlands Survey Policy F.1.5.1 — Wetlands shall not be dredged and filled or disturbed in any manner other than by natural phenomenon and their natural functions shall be protected, except through the implementation of State or City mitigation standards. Policy F.1.5.3 — The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal is not inconsistent with this Goal, Objective and Policies. 2. The amendment is not inconsistent with other provisions of the comprehensive plan. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. After review of the Comprehensive Plan and its Goals, Objectives and Policies, as enumerated above in Criterion 1 showing the proposal's consistency with the Plan, the proposed amendment is not inconsistent with any other provisions of the Comprehensive Plan. 3. The available uses, if applicable, to which the property may be put are appropriate to the property in question and compatible with existing and planned uses in the area. Response: The requested change to Residential Medium (RM) will permit the residential development at a density of 15 dwelling units per acre. The overall site is 12.55 acres in size and would permit a total of 188 dwelling units. The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. The requested amendment will be consistent with the existing Residential Medium (RM) land use of the majority of the site. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The proposal is compatible with these existing surrounding uses and with the developing character of the overall property. Therefore, this proposal is in compliance with this criterion. 3 4. Sufficient public facilities are available to serve the property. Response: The requested change to Residential Medium (RM) will permit the residential development at a density of 15 dwelling units per acre. The overall site is 12.55 acres in size and would permit a total of 188 dwelling units. The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The requested change in land use allowing 10 additional units to be developed could produce approximately 69 additional trips/day, which is an insignificant change to traffic generation on Montclair Road. The requested change in land use allowing 10 additional units to be developed will have a similar potential insignificant demand on utilities and solid waste generation. Therefore, this proposal is in compliance with this criterion. S. The amendment will not adversely affect the natural environment. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Residential Medium (RM) is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, this proposal is in compliance with this criterion. 6. The amendment will not adversely impact the use of property in the immediate area. Response: Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The proposal is compatible with these existing surrounding uses. The proposed area requested to be amended is Phase 2 of adjacent property under similar ownership (Phase 1 is being developed with 60 attached dwelling units) with a land use designation of Residential Medium (RM). The proposed total 0.72 acres of wetlands requested to be amended from Preservation (P) to Residential Medium (RM) is adjacent to property designated Preservation (P) and is of poor quality already approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. While this change increases the allowable number of dwelling units by 10 additional units, the change provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, this proposal is in compliance with this criterion. :l General Warranty Deed Page 3 of 8 z!\2014AutoCAD Projects\1433 - Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx { A#-, 9015262114 BK: 18918 PG: 999, '111/2015 at 01:15 PM, RECORDING 2 PAC $18.50 KEN BURKE, CLERK OF COUI D COMPTROLLER PINELLAS COUNTY, FL B'. DEPUTY CLERK: CLKPRI2 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 General Warranty Deed Made this September 1, 2015 A.D. By DAVID B. WEBB & SHARON WEBB, husband & wife, 2200 Montclair Road, Clearwater, Florida 33763, hereinafter called the grantor, to MONTCLAIR LAKE TOWNHOMES, LLC, a Florida Limited Liabilit' (Company, ^, whose post office address is: 175 Bayside Drive, Clearwater, Florida 33767, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of — individuals, and the successors and assigns ofcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Zero dollars & no cents, End other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releasesa conveys and aonftrms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Attached Schedule "A" Parcel ID Number: 06-29-16-00000-230-0200 Together with all the tenements, hereditaments and appurtenances thdm6 belonging & jn any%0ise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee t)ia( the\grantor is lawiuTlv,seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey sai)i'land; that the &cantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whorpSocwer; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2014. In Witness Whereof, the said grantgrlh s signed and sealFd these presents the day and year first above written. 11 11 Signed, sealed and delivered in our presence \ - - ,�✓� 1/�^' (Seal) JULIET HOT DAVID B. WEBB Witness Printed Name,/ (Seal) SHARON WEBB Witness Printed Name JI AFIVECOA7 State of Florida \ \ County of Pinellas 10 The foregoing insiament *,as acknowledged before me this day of September 2015, by DAVID B. WE SHARON WEBB husband & wife , who are personalry known to me or who has producld drivers licenses as Iden 'fic do . Notary Public Print Name: JULIET. HOLT My Commission T•2��1� Expires• T JULIE T. HOLT MY Ct ,M SSIgY 9 FF 000491 '•.,?Rr �PlSS E.'J"uly 24, 2017 1 1 11 1 1 1 J' 1 1 I I Made this September 1, 2015 A.D. By DAVID B. WEBB & SHARON WEBB, husband & wife, 2200 Montclair Road, Clearwater, Florida 33763, hereinafter called the grantor, to MONTCLAIR LAKE TOWNHOMES, LLC, a Florida Limited Liabilit' (Company, ^, whose post office address is: 175 Bayside Drive, Clearwater, Florida 33767, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of — individuals, and the successors and assigns ofcorporations) Witnesseth, that the grantor, for and in consideration of the sum of Zero dollars & no cents, End other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releasesa conveys and aonftrms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Attached Schedule "A" Parcel ID Number: 06-29-16-00000-230-0200 Together with all the tenements, hereditaments and appurtenances thdm6 belonging & jn any%0ise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee t)ia( the\grantor is lawiuTlv,seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey sai)i'land; that the &cantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whorpSocwer; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2014. In Witness Whereof, the said grantgrlh s signed and sealFd these presents the day and year first above written. 11 11 Signed, sealed and delivered in our presence \ - - ,�✓� 1/�^' (Seal) JULIET HOT DAVID B. WEBB Witness Printed Name,/ (Seal) SHARON WEBB Witness Printed Name JI AFIVECOA7 State of Florida \ \ County of Pinellas 10 The foregoing insiament *,as acknowledged before me this day of September 2015, by DAVID B. WE SHARON WEBB husband & wife , who are personalry known to me or who has producld drivers licenses as Iden 'fic do . Notary Public Print Name: JULIET. HOLT My Commission T•2��1� Expires• T JULIE T. HOLT MY Ct ,M SSIgY 9 FF 000491 '•.,?Rr �PlSS E.'J"uly 24, 2017 i 'PIMhLAS COUNTY FL OFF. REC. BK 1 I PG 1000 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 "Schedule A" � I 11 1\ 1 \ I A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 So1>4, Range ,I 16 East, Pinellas County, Florida, being more particularly described as follows: _ Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6,"Cownship29 South, Range 16 East, Pinellas County, Florida; thence N00° 34'4 1 " W, along the West line of said �opthwesY V4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), fol 1347.52 feel to.the'Northwest comer of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89' 55' 4F' E alorig-the N9A line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Rig4t-of Way,\fine of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Comlmission Mtg6te Book 5, page 60, of the public records of Pinellas County, Florida, for 413.77 feet to the PQFN-T 0PZ`EGrN' NING; thence continue N890 55'41" E, along said North line of the Southwest 1/4 of the NgAhd esi 1/4 of SWien 6, same being said South Right -of Way line of Montclair Road, according to Board of County Comftaissten Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Sou)herly Rigl t-�f-Way line of Montclair Road according to the Official Records Book 4609, Page 203, o�th8 Ptkblit: keFords of Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 oftjtE Northwest 14-of-Se6tion 6, S00° 27'47" W, for 16.88 feet to the point of intersection with a non -tangent curve; eongave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing ofN00° 27'48" F' h@Mn8,dradius ot2f0.00 feet, central angle of 30° 45' 41", an arc length of 112.75 feet, and a chord bearing SI40 09'22"t for 111.40 feet to the point of tangent; (3) thence S58' 46'31" E, for 92.56 feet; thence leavin�_said SautherVRight-of-Way line of Montclair Road according to the Official Records Books 4609, page 203, S h�a 58' �6'�E, alorig%he Southerly Right -of Way line of Montclair Road according to the Official Records Book.4715, page 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersecti06 vith�tfie. WesteZly Right -of Way line of Belcher Road (County Road 94) according to said Official Records (Book of 4609, page 203; thence S34' 48'39" W, along said Westerly Right -of Way line of Belcher Road (County\Road 94) apaording to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6Xcoprses along ft'Wyesterly Right -of Way line of Belcher Road (County Road 94) according to Official Records`$ook &312,_page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39' 16' 15" W, for,27632 feet; {2) thence S34° 48' 34" W, for 81.44 feet; (3) thence N55° 11' 26" W, for 27.00 feet; (4) thence S,348 49'34"4ffor 80.00 feet; (5) thence S55° 11' 26" E, for 27.00 feet; (6) thence S340 48' 34" --_____W,-for 129.62 feet tb,the poipt of intersection with the Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according`to said Official Records Book 8312, page 1478; thence S70° 16' 12" W, along said Northerly,i6ght-of Way\ line o`F Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, fiQr,5�.95 feet to the point of intersection with a non -tangent curve, concave Northerly; thence Westerly along said Northerly -Rpt -of Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page r478, along the arc of said curve, from a radial bearing of S00° 08' 56" E, having a radius of 34,120.10 feet, a central angle of 00° 0650", an arc length of 67.80 feet, and a chord bearing S89° 54'28" W for 67.80 feet to the point of intersection with a non -tangent line; thence leaving said Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50' 10' 18" E, for 35.77 feet; thence N55° 37' 03" E, for 34.61 feet; thence N44' 39'02" E, for 27.73 feet; thence N70' 38'26" E, for 35.22 feet; thence S65° 03'37" E, for 17.00 feet; thence N58' 38'47" E, for 24.23 feet; thence N41' 52'55" E, for 45.45 feet; thence S55° 11' 27" E, for 2.64 feet; thence N34' 4813411 E, for 14.46 feet; thence N55° 11' 26" W, for 27.00 feet; thence N34° 48'34" E, for 90.00 feet; thence NOY 03'00" W, for 36.68 feet; thence N25° 31' 10" W for 119.04 feet; thence N34° 51'01" W, for 207.11 feet; thence N29' 18'08" W, for 86.82 feet; thence N47' 36' 09" E, for 130.01 feet; thence N15' 28' 18" E, for 217.95 feet; thence NO3° 16'38" E, for 223.16 feet; thence N 1 V 25' 32" W, for 46.91 feet; thence NOW 00' 00" E, for 109.72 feet to the POINT OF BEGINNING. Site Plan Sheet C 1.0 Rezoning and Land Use Amendment Page 5 of 8 Z:\2014 AutoCAD Projects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx - - .. - - - - - - � ��-• ..lam IY]��Y.. .. - a %bPtAN:bR �' : Q•Q z •,�e$a�� ..2 e�'�'- Rev. 11/30/16 N N •++''': N Active N N N . Construction Assisted Single . Site of Multi- . • Living Family ' ' Facility Residenti I + family b Residential �9s, e Residenti CbmImercial Retail Sales and Service SUNSET POINT RD ng00 � NN N NSi Famil N ALBRIGHT DR Resi � $$ d ntial EXISTING SURROUNDING USE MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property( 0.72 Size(Acres): E Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P To: RM MHDR Atlas Page: 254A S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\Annotated ExistLUP2016-08008, REZ08005 Map Request revised 112916.docx 56 2176 RU 2182 2188 WA P SUNSET POINT RD N I Ln CG Bao O A F71 6 1875 18 FUTURE LAND USE MAP Owner(s): Montclair Lake -ownhomes, LLC Case: Site: 2251 Montclair Road Property Size(Acres): fT 1881 1875 1876 _ LUP2016-0800E R EZ2016-0800 0.72 1 Land Use Zoning PIN: 06-29-16-00000-230-02CJ From: P P To: RM MHDR Atlas Page: 254A S:\Planning Departmeriff D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhones LLC\Maps\F1uLUP2016-08008, REZ08005 Map Request revised 120816.docx '�1 O (O W Q IJIN N N N N Ln CG Bao O A F71 6 1875 18 FUTURE LAND USE MAP Owner(s): Montclair Lake -ownhomes, LLC Case: Site: 2251 Montclair Road Property Size(Acres): fT 1881 1875 1876 _ LUP2016-0800E R EZ2016-0800 0.72 1 Land Use Zoning PIN: 06-29-16-00000-230-02CJ From: P P To: RM MHDR Atlas Page: 254A S:\Planning Departmeriff D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhones LLC\Maps\F1uLUP2016-08008, REZ08005 Map Request revised 120816.docx S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\Annotated ExistLUP2016-08008, REZ08005 Map Request revised 112916.docx a Pj•W••. •�•••• •2�•,. 7.1J�tA .. .i�eY) .i Rev. 11/30/16 MO N N'•% •>': N Active N10 N ' N Construction Assisted Single • ' Site of Multi- Living Family Facility Residenti I••• ifamily �• Residential 7 9`s7 :• .� ' C mercial Retail Sales Q and Service = e �o Q F Residential �� J O 719 2188 O M N SUNSET POINT RD LO 0 00 N N N N Sing1 mil FaN O ALBRIGHT DR � $$ Residn EXISTING SURROUNDING USE MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\Annotated ExistLUP2016-08008, REZ08005 Map Request revised 112916.docx SAPlanning Departmer C D B\Lard Use Amerdm✓nts\Active Case-\N4cntclair Road 2251 LUP2]16-08008 - Montch:ir Lake Towriinmes LL.C.Maps\AerL7JP2016-08008, REZ08065 Map Request revised 112916.2 docx S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\LocLUP2016-08008, REZ08005 Map Request revised 112916.2. docx • , , Rev. 11/30/16 AI(A .'.: PROJECT .9CC[1S'DR SITE r :C UA L**': *. W w � J j I �' �-lIY •••' •�• O�� ' I. W v SUNSET POINT RD v wi Q m Q U Ix ixZ W w 0O } J U W 2 W Z � U W WOf J Z d J SUNNYDALE BLVD W m Q Q W VANDERBILT DR m VANDERBILT DR LOCATION MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property 0.72 Size(Acres): Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR S:\Planning Department\C D B\Land Use Amendments\Active Cases\Montclair Road 2251 LUP2016-08008 - Montclair Lake Townhomes LLC\Maps\LocLUP2016-08008, REZ08005 Map Request revised 112916.2. docx 242B 243A 243B I I L j 41 CdF Ix 11911.V EA AR `6112, J `BdoaS J `ee= one Pen,waY Or Prepared by. v\ Engineering Department / - ane m' Geographic Technology Division M S. Myrtle Ave, Clearwater, FL 11756 Ph: (727)5624760, Fax: (727)5264755 `g1U.0 J 1 L. 1.3 A— www.Mycle—t.r.com q»lebrror -_—_ a. PRD&Inlcrmaoon Deb blambaeC DY are Cay el OMe,webr Errper»M1rp PS 1 al y %. 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L'� Lissa Le gend 4 City Owned Property zo” Transfer of Development Rights [• SUB NUMBER to Plat) ,a a' C� ��LC-1 L J'= , 1a Ac \'\ ±zlasJ ('-Refer O BLOCK NUMBER `a mal 1 gg� " — '' �S_� �s �" 17 i6 Aim O �\ w m M V a 1— Oi SUB PARCEL NUMBER — `60113 J `Bt129 a ., mo r le a 'w ,( \ 1.56 Acm, — --1 PARCEL NUMBER (M&B) LAND HOOK (Common Ownership) IM = ,' a PERTH sT `-�--- - ro / PLATTED SUBDIVISION BOUNDARY x ` x o `w� ,a W - r� COUNTY HIGHWAY MHDR II . ,. r s. DR _ �$J STATE HIGHWAY U.S. HIGHWAY OAMERICUS ''DR ° , 1,Trails -- ..as Ac' Property with Agreement to Annex: C 3 cECEUA LN ^Municipal Services ATA- D Records �SanitaryB Water ATA -1 Records Only ATA -4 Records Water Only ATA - O Records 17.06 qcm a a Solid Waste Only ATA -0 Records MHDR 23A—s ,C MARyI Other ATA -O Records ®ATA Outside Chain of TNe - O Records Unincorporated Enclave Type "A" Unincorporated Enclave Type "B" �tng rw, a a3 a b I I {' Outside of Clea rwater Service Area ply Zoning Le-gend ® a rL MICHAEL LN z f,58 Acja RESIDENTIAL DISTRICTS K j •� o♦♦0e� ; LDR -Low oanaM Raskantlsl 1 yw 1y 'YS 3 a i 3 ; 3 Ivo i. t l� ` zs I 2 ro- ,s_, roto al LMDR - Low Meoium DamM RaabMh MDR - MWbm 11 n 4 Reake 1 MHDR -MMlum HWh Danaay Raaitlanaal MDR -Hioh Denaay ROaiaannal H.—PaM1 --_-- LAKE • � `y a , I J.. 3 MHP -Mebib CRNCOD -Coachman Rtlge Nalahberhootl Con»rvatbn Dla%,ct 101 PINELAND , /� 1,Wday IENCOD -o Ertataaghlrorhoetl Con»rvaaon s N 9.00 Ac,c, � t5 36 I t 5 LN z3 x t 1 Overla y DbtrM COMMERCIAL DIST0.1CT5 SPECIAL USE DISTRICTS O-OlSce IR IMisplai Rena -T - .35 Ac,a ---- . __. t - - ; s§ ai - �- - " -,e, ,a; r 4 - yy 33 3. j- PSS-Pra»rvatlen Area atb�� T To— IOT-InvMnu 1 c -commercial pn pace ecn ml oew.,town _ a;� U � r 3S o a - -- ---- a crtaTa x ----------- : cas7i - S- ----:---- - - -- --- --- _--_7--_ , Zoning Atlas _ 7 _Updated: _ 10/112016 C ,_ s r ] - NW 114 of 6-29-16 r_— � r — 1 a 262B 263A 2638 264A CLE"ARWATER. Enalneering Department 100S ' Myrde Ave, ClearvvateT, FL 33756 Ph: (727)562-47SO, Fax: (727)526-4755 N/ U VVI 12"za% OEM �� 0 ... 200 100 0 200 / l ` I '•/f`� I �I�Yfflt/��feFeet �,i��l�/�c5f �✓ til 10, Le �' V'%�I9' z, 1234 Address ori✓ pe /,r 1•�/ ~/ r 123 MHP Lot Number Subdivision/Condo Number Refer to Plat)12345: Block Number Oe (D Sub -Parcel Number Parcel Number (M&B)Land Hook (Common Ownership) Platted Subdivision Boundary OwnershipLot Original Trails �® ®IBuilding Footprint Unincorporated Property with %/%%i :•Records CM Sanitary Only ATA - 4 Records WRE City Owned Property: Vacant .-A Parks & Recreation Area improved ®®� �I ® �• Leasehold mew M� " ®� i'!�d Owned ® J MMEN E Northside November IOrh, 2016 City of Clearwater (Planning Department) Attn: Lauren Matzke, Long Range Planning Manager 100 South Myrtle Avenue Clearwater, Florida 33756 Subject: REZ2016-08005 - 2251 Montclair Road Parcel Id: 06-29-16-00000-230-0200 Dear Lauren, Civil Land Planning Due Diligence Reports Re-Uning, Land Use, Annexation Stormwater Management Utility Design Traffic Construction Administration Please find the following items attached in hard copy (l Set Each) and CD for case number REZ2016-08005. 1. Site Plan Sheet C 1.0 and C 1.1 Rezoning, 2. Sketch of Wetlands One (1) & Two (2), 3. Armstrong Environment Service Report, 4. SWFWMD Permit Approval and Amendment, 5. Zoning Atlas Amendment Application, and 6. Narrative for Zoning Atlas Amendment. If any additional information is requested, please do not hesitate to contact our staff. Sincere , Sandra L. Bradbury, Office Manager 300 South Belcher Road Clearwater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 12251 MONTCLAIR RD PAGE 1 OF 1 IREZ2016-08005 Montclair Lake Townhomes, LLC Zoning: Medium High Density Atlas #: 254A Northside 150 - November 10th, 2016 City of Clearwater Attn: Lauren Matzke, AICP Long Range Planning Manager 100 South Myrtle Avenue Clearwater, Florida 33756 i 1 4 9 P U_ NOV 15 ZL; , PLANNING 8ED VELOPMEN �Ep, CSF CLEAROoTcr Re: Case #LUP2016-08008 and REZ2016-08005 Parcel #06-29-16-00000-230-0200 Dear Lauren, Civil Land Planning Due Diligence Reports Re -Zoning, Land Use, Annexation Stormwater Management Utility Design Traffic Construction Administration The following items are resubmitted for the above subject cases. Please review the following comments and response for completeness, for the December 1St, 2016, Development Review Committee meeting: 1. Applications, page 1, please provide an accurate written project description. Response: An accurate project description was provided on page 1 of the application. The project is requesting a zone change for 0.72 acres of low grade wetlands from "P" Preservation to "MHDR" in order to construct town homes. 2. Applications, page 2, please provide the accurate acreage of disturbance (0.72 acres) consistent with the Southwest Florida Water Management District (SWFWMD) letter dated November l St, 2016, approving amendments to Permit No. 43034349.002, where an additional 0.12 acres are Wetland #1 may be filled. Response: The site area, listed on page 2, was revised to the correct value of 0.72 acres. This is consistent with the SWFWMD amendment to permit 43034349.002. 3. Applications, page 4, please revise written responses to criteria consistent with the revised acreage. Response: The written narratives, referenced on page 4 of the application, have been revised to the correct value of 0.72, acres. 300 South Belcher Road Clearwater, Florida 33765 727 443 2869 Fax 727 446 8036 4. Armstrong Environmental Services, Inc. report dated November 1St, 2016, references the wrong acreage amounts related to the wrong wetland areas and is not consistent with the SWFWMD approval. Response: The Armstrong Environmental Services report has added a table which references the three labels used for the wetlands within the report, the SWFWMD permit and on the plans. Surveys, Wetland #2, please provide accurate survey and legal description consistent with the SWFWMD approval of filling 0.35 acres of the 0.60 acres of Wetland #2 and retaining 0.25 acres as wetland area. Response: An updated survey, plus legal description, of the revised Wetland Area # 2 has been included with this submittal. We will also include one (1) complete set of plans and application material for each case as required when submitting hard copies along with CD. Sincerely, (Q Donald B. Fairbairn, P.E. Northside Engineering, Inc. Page 2 of 2 Z:\2014AutoCADProjects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\AII 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\Comment & Response for Montclair 11.07.2016.docx iIL Northside s"'W"'96f.c. Montclair Lake Estates 2251 Montclair Road Clearwater, Florida Subject: REZ2016-08005 Parcel Id: 06-29-16-00000-230-0200 300.South Belcher Road PAGE 1 OF 8 Clearwater, Florida 33765 Tel. 727-443-2869 Fax: 727-446-8036 Civil Land Planning Due Diligence Reports Re-Zorning, Land Use. Annexation St0rmwater MAnagen!@nt Utility Design Traffic Construction Administration Zoning Atlas Amendment Application Page 2 of 8 Z:\2014AutoCAD Projects\1433-Montclair lake Estates -Gus DIGiovannl\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\O1d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx ML oC e^� arwater Planning & Development Department Zoning Atlas Amendment Application ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $775 Rezoning Only $0 If submitted concurrently with corresponding Future Land Use Map Amendment (FLUM Amendment fee inclusive of rezoning) PROPERTY OWNER(S) (PER DEED): Montclair Lake Townhomes, LLC. MAILING ADDRESS: 175 Bayside Drive, Clearwater, Florida 33767 PHONE NUMBER: 727-797-8972 EMAIL: gus(a)_digiovannihomes.com AGENT OR REPRESENTATIVE: Northside Engineering, Inc. (Roush Ghovaee) MAILING ADDRESS: 300 South Belcher Road, Clearwater, Florida 33765 PHONE NUMBER: 727-443-2869 EMAIL: housh(a)_northsideengineering.net ADDRESS OF SUBJECT PROPERTY (if applicable): 2251 Montclair Road, Clearwater, Florida 33763 PARCEL NUMBER(S): 06-29-16-00000-230-0200 LEGAL DESCRIPTION: See Site Plan REASON FOR REQUESTED The project proposed to change the zone of 2 wetland areas from "P" to "MHDR" AMENDMENT: inorder to construct town homes. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 Revised 03/12 `Clearwater Planning & Development Department Zoning Atlas Amendment Application PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. FUTURE LAND USE PLAN DESIGNATION PRESENT: P - Preservation REQUESTED: RM -Residential Medium ZONING DISTRICT PRESENT: P -Preservation REQUESTED: MHDR - Medium Hiqh Density Residential SITE AREA: 31,582 sq. ft. 0.72 acres MAXIMUM ALLOWABLE DENSITY/INTENSITY(S) : Current/Existing Future Land Use(s): 0 UPA Proposed Future Land Use(s) (if applicable): 15 UPA (units, rooms or beds per acre or non- residential square footage) ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: RPD 7.5 (County) South: P East: C West: LMDR (City) USE(S): Existing (currently on site or previous use if vacant): Wetland Proposed (new use, if any; plus existing if to remain): TOWnhomes STATE OF FLORIDA, COUNTY OF PINELLAS 1, 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. Swor, to and subscribed before me this /& day of to me and/or by who is personally known has 7. ' prod ce f > as ident'fication. S" natu o rope y own or representative rli4'0F� y funic State of Fbfta Notary public, ra Lee Bradbury F%L-4j CoWFWW FF OICS27 My commission expires: � �' 4,7 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 Revised 03/12 0 ( � j j�� Planning & Development Department 1 �� Zoning Atlas Amendment Application U Submittal Package Checklist IN ADDITION TO THE COMPLETED ZONING ATLAS AMENDMENT APPLICATION, ALL ZONING ATLAS AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING: ® Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating ownership) [Note: Submit two copies only at time of original application] ® Legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida is required. ® A copy of deed restrictions applicable to the property to which the City is a party. ® Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-602.F. The attached Zoning Atlas Amendment Standards for Review sheet shall be used to provide these responses. ® Note: Any request for Zoning Atlas amendment which is inconsistent with the Comprehensive Plan Future Land Use Map designation must be accompanied by an Application for a Future Land Use Map Amendment (separate application). ® A Traffic Impact Study is not required as part of the application for an amendment to the Zoning Atlas (REZ). A Traffic Impact Study may be provided at the applicant's discretion to supplement the assessment of the impact of the proposed change on the adequacy of public facilities (existing roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development review if the total generated net new trips generated by the proposed development meet one or more conditions outlined on the appropriate application. ® PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public hearings scheduled for the proposed amendment including public hearings before the Community Development Board and City Council. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 5 Revised 03/12 arwater Planning & Development Department Zoning Atlas Amendment Standards for Review PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS ZONING ATLAS AMENDMENT. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. nd for better Desi 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. Prnpncari nca tri 1 1 ha Tnwn Hnm, ¢� Anrl i c rnnGi at -ant ori th TMnR ('nmmant 7nni nq nn the rest of the Site is LMDR 3. The amendment does not conflict with the needs and character of the neighborhood and city. See Narrative 4. The amendment will not adversely or unreasonably affect the use of other property in the area. See Narrative 5. The amendment will not adversely burden public facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. See Narrative 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. See Narrative Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 Revised 03/12 C k irwater Planning & Development Department Zoning Atlas Amendment Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed —PRINT full names: Montclair Lake Townhomes, LLC. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Gus DiGiovanni 3. That this property constitutes the property for which a request for (describe request): Zoning amendment. 4. That the undersigned (has/have) appointed and (does/do) appoint: Housh Ghovaee _ as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. Gus DiGiovanniJ Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS 0'F THE STATE OF FLORIDA, ON THIS 1st DAY OF July 1 2016 , PERSONALLY APPEARED Gus DiGiovanni WHO HAVING BEEN FIRST DULY SWORN D �a Ctd'�k�I,lt FULLY UJIRI...DS TME CONTENTS OF THE AFFIDAVIT THAT HE SHE SIGNED. N�rNy Public Starr. � FlprgA c � .csAnllr;� I,RP E!r'h�rury Sandra Bradbury /Notary Public Signatu FF910527 Notary Seal/Stamp My Commission Expires: nR/18j9n19 Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 6 of 6 Revised 03112 General Warranty Deed Page 3 of 8 Z:\2014AutoCAD Projects\1433 - Montclair Lake Estates -Gus DIGiovannl\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx k5262114 BK: 18918 PG: 99r 19/11/2015 at 01:15 PM, RECORDING 2 P" $18.50 KEN BURKE, CLERK OF CO AND COMPTROLLER PINELLAS COUNTY, FL DEPUTY CLERK: CLKPRI2 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 r General Warranty Deed Made this September 1, 2015 A.D. By DAVID B. WEBB & SHARON WEBB, husband & wife, 2200 Montclair Road, Clearwater, Florida 33763, hereinafter called the grantor, to MONTCLAIR LAKE TOWNHOMES, LLC, a Florida Limited Liabilitry Company, < whose post office address is: 175 Bayside Drive, Clearwater, Florida 33767, hereinafter called the grantee: ` (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal rcpmsentatives and assigns of --- individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and inconsideration of the sum of Zero dollars & no cents, find other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Attached Schedule "A" Parcel ID Number: 06-29-16-00000-230-0200 v ` Together with all the tenements, hereditaments and appurtenances tt dreto belonging of jri anyNtise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee tjtai the'grantor i lawiuily seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey saiiAland; that the &cantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whorpSoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2014. In Witness Whereof, the said grantorl as signe4 and sealFd these presents the day and year fust above written. Signed, sealed and delivered in our presence.:", ` ��,.%✓1N�- (Seal) JULIA HOLT DAVID B. WEBB Witness Printed Name A (Seal) SHARON WEBB Witness Printed Name JLAFIVECp%17 State of Florida County of Pinellas IV The foregoing insiarment Cups acknowledged before me this day of September 2015, by DAVI. B. WE SHARON WEBB husband & wife, who are personalty known to me or who has produc2d drivers licenses as Iden iic do Notary Public , Print Name: JULIET. HOLT My Commissions 2n Expires JULIE T. HOLT MY COMMISSION B FF i10Wl ?J7!;,,•. BontlrpP EryPu62c,2017 s WLS COUNTY FL OFF. REC. BK 118 PG 1000 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 "Schedule All A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 Soi4 Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6jownship29 South, Range 16 East, Pinellas County, Florida; thence N00° 34'4 1 " W, along the West line of said �opthwesi V4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), foi1347.52 feet to,the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89° 55'4 F ' 5'4P' E,alongthe N9A line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Rig4t-of Ways line of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Cotnr�msion Mvmrte Book 5, page 60, of the public records of Pinellas County, Florida, for 413.77 feet to the P0R4T— 0P4EG1I4l4ING; thence continue N890 55' 41" E, along said North line of the Southwest 1/4 of the NPAKt esi 1/4 of 8dztien 6, same being said South Right -of Way line of Montclair Road, according to Board of County Comihissler Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Southerly Riglit-} f -Way line of Montclair Road according to the Official Records Book 4609, Page 203, of thbXblie kecords,o,fPinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of tjie Nortkiwest 14,of-Se6tion 6, S00° 2747" W, for 16.88 feet to the point of intersection with a non -tangent cu?e concave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N00° 2748" ) , hivin$,d Tldius of 2,f O.00 feet, central angle of 30° 45'41", an arc length of 112.75 feet, and a chord bearing S,14° 09^2Y,8 for 111.40 feet to the point of tangent; (3) thence S58° 46'31" E, for 92.56 feet; thence leavin�„gaid Southerly Right -of -Way line of Montclair Road according to the Official Records Books 4609, page 203, S hka58'56,' 1 alorig%the Southerly Right -of Way line of Montclair Road according to the Official Records Book_4.715, page 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersectiogAVidt tfia Weitt lily Right -of Way line of Belcher Road (County Road 94) according to said Official Records Pook of 409, phge 203; thence S34° 48'39" W, along said Westerly Right -of Way line of Belcher Road (CountykRoad 94) according to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6) cogrses along thp'Wtiesterly Right -of Way line of Belcher Road (County Road 94) according to Official Records $ook'&3. 2, Rage 1478, of the Public Records of Pinellas County, Florida; (1) thence S39° 16' 15" W, for,27632 feet; l2) thence S34° 48' 34" W, for 81.44 feet; (3) thence N551 11' 26" W, for 27.00 feet; (4) thence S348 48'34" W,,for 8U.00 feet; (5) thence S55" 11' 26" E, for 27.00 feet; (6) thence S34° 48'34" W, for 129.62 feet�tb,the }ioipt of intersection with the Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according`to s4d0fficial Records Book 8312, page 1478; thence S70° 16' 12" W, along said Northerly,kght-of Wayline dF Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478,fctr 153.95 feet to the point of intersection with a non -tangent curve, concave Northerly; thence Westerly along said Northerly -Right -of Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, along the are of said curve, from a radial bearing of S00° 08' 56" E, having a radius of 34,120.10 feet, a central angle of 00° 0650", an arc length of 67.80 feet, and a chord bearing S89° 54'28" W for 67.80 feet to the point of intersection with a non -tangent line; thence leaving said Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50° 10' 18" E, for 35.77 feet; thence N55° 37'03" E, for 34.61 feet; thence N44° 39'02" E, for 27.73 feet; thence N70° 38'26" E, for 35.22 feet; thence S65° 03' 37" E, for 17.00 feet; thence N58° 38'47" E, for 24.23 feet; thence N41° 52'55" E, for 45.45 feet; thence S55° 11' 27" E, for 2.64 feet; thence N34° 48'34" E, for 14.46 feet; thence N55° 11'26" W, for 27.00 feet; thence N34° 48'34" E, for 90.00 feet; thence NOY 03'00" W, for 36.68 feet; thence N25° 31' 10" W for 119.04 feet; thence N34° 51'01" W, for 207.11 feet; thence N29° 18'08" W, for 86.82 feet; thence N47° 36' 09" E, for 130.01 feet; thence NI 5* 28' 18" E, for 217.95 feet; thence NOY 16'38" E, for 223.16 feet; thence N16° 25'32" W, for 46.91 feet; thence N00° 00'00" E, for 109.72 feet to the POINT OF BEGINNING. Narrative of Zoning Atlas Amendment Page 4 of 8 z:\2o14AutocAD Projects\1433 - Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Montclair Lake Estates 2251 Montclair Road Zoning Atlas Amendment Criteria The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Response: The proposed amendment from Preservation (P) to Medium High Density Residential (MHDR) is consistent with the applicable Goals, Objectives and/or Policies of the City's Comprehensive Plan and the Community Development Code (CDC) as follows: Future Land Use Plan Element: Goal A.1 — THE CITY OF CLEARWATER SHALL CONTINUE TO PROTECT NATURAL RESOURCES AND SYSTEMS THROUGHOUT THE CITY AND ENSURE THAT THESE RESOURCES ARE SUCCESSFULLY INTEGRATED INTO THE URBAN ENVIRONMENT THROUGH LAND DEVELOPMENT REGULATIONS, MANAGEMENT PROGRAMS, AND COORDINATION WITH FUTURE LAND USE INTENSITIES AND CATEGORIES. Objective A.1.1— On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policy A.1.1.1 — Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non -jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3 — Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.1.1.8 — Mitigation plans for alteration of non -jurisdictional wetlands, beach dunes, swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the Engineering Department and/or City Council, and in coordination with the Southwest Florida Water Management District (SWFWMD). Response: The existing Preservation (P) designation was modified in the past based on a survey of the jurisdictional wetlands. The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Medium High Density Residential (MHDR) District is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The proposed Medium High Density Residential (MHDR) District is consistent with the other upland areas of this overall development of Medium High Density Residential (MHDR). While the request increases the allowable density of the property by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policies. Objective A.5.3 — Use the city-wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 — Preserve the residential character of the designated scenic non-commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Policy A.5.3.2 — Maintain the mix of residential and commercial uses along Belcher Road from Countryside Boulevard to Northeast Coachman Road. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policies. Objective A.5.5 — Promote high quality design standards that support Clearwater's image and contribute to its identity. Policy A.5.5.1 — Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policy. Goal A.6 — The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.2 — The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.1 — On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policy. Conservation Element: GOAL F.1 — TO PROTECT AND CONSERVE ALL ASPECTS OF THE NATURAL ENVIRONMENT AND TO ENHANCE NATURAL FEATURES WHICH CONTRIBUTE TO THE EXISTENCE OF THE NATURAL QUALITIES AND CHARACTERISTICS OF CLEARWATER'S SENSITIVE ENVIRONMENT. Objective F.1.2 — The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Objective F.1.5 — The City shall continue to maintain the wetland inventory of 760 acres as identified in the City's 2005 Wetlands Survey Policy F.1.5.1— Wetlands shall not be dredged and filled or disturbed in any manner other than by natural phenomenon and their natural functions shall be protected, except through the implementation of State or City mitigation standards. Policy F.1.5.3 — The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Medium High Density Residential (MHDR) District is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). Therefore, the proposal is not inconsistent with this Goal, Objective and Policies. Community Development Code (CDC): The proposal is supported by the general purpose, intent and basic planning objectives of this Code as follows: Section 1.103.A— It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. Therefore, the proposal supports this CDC Section. Section 1.103.6.2 — Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, the proposal supports this CDC Section. Section 1.103.D — It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and 3 the developing character of the subject overall property. Therefore, the proposal supports this CDC Section. Section 1.103.E.5 — Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. Therefore, the proposal supports this CDC Section. Section 1.103.E.7 — Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainageways, and other natural areas having beneficial hydrological characteristics and functions. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. Therefore, the proposal supports this CDC Section. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases in the Medium High Density Residential (MHDR) District. Attached dwellings exist to the north under County jurisdiction across Montclair Road. Commercial uses under the Commercial (C) District exist across Belcher Road to the east. The request does not affect existing Low Medium Density Residential (LMDR) District farther west on the north and south sides of Montclair Road, which is developed with detached dwellings. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). Therefore, this proposal is in compliance with this criterion. 3. The amendment does not conflict with the needs and character of the neighborhood and city. Response: Attached dwellings exist to the north under County jurisdiction across Montclair Road. Commercial uses under the Commercial (C) District exist across Belcher Road to the east. The request does not affect existing Low Medium Density Residential (LMDR) District farther west on the north and south sides of Montclair Road, which is developed with detached dwellings. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, this proposal is in compliance with this criterion. 4. The amendment will not adversely or unreasonably affect the use of other property in the area. 4 Response: While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases in the Medium High Density Residential (MHDR) District. Attached dwellings exist to the north under County jurisdiction across Montclair Road. Commercial uses under the Commercial (C) District exist across Belcher Road to the east. The request does not affect existing Low Medium Density Residential (LMDR) District farther west on the north and south sides of Montclair Road, which is developed with detached dwellings. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, this proposal is in compliance with this criterion. 5. The amendment will not adversely burden public facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. Response: The requested change to Medium High Density Residential (MHDR) District will permit the residential development at a density of 15 dwelling units per acre. The overall site is 12.55 acres in size and would permit a total of 188 dwelling units. While the request increases the allowable number of units by 14 dwelling units, the change will allow for an improved site plan without increasing the approved development of the property with a total of 86 townhome dwelling units in two phases. As the property is currently being developed with the first phase of development, and no additional units are proposed with the proposed amendment, there will be no increased demand for public facilities nor will it decrease the traffic capacity of Montclair Road, where such facilities are already sufficient to serve the property. Therefore, this proposal is in compliance with this criterion. 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). Therefore, this proposal is in compliance with this criterion. Site Plan Sheet CLO Rezoning and Land Use Amendment Page 5 of 8 ZA2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Legal Dexcrlpl;on_ I parcel of Icnt ee;, a Portion of the 1.1...1 1/1 al IM1e Nor n.eaf I/: of Sec!ion 6, lo.naM1ip 29 S,Wn, Pange 16 Caall Pinellas County, Plo.do. 6el+g me por::cNarly escrinee os fa la.s. epmmenae me rsa�ni�d uoS: I/• oIf /•Soomfl..e6. aioo p i2'm9I eS-th, R-9. al gecoayEllldp: lmeas 1/w•161I liI ne of Ine.n. of Secli en 6 (ee'm9 IM1 dasia of lD asne a 'or Ino 1e9o1 aex a an). 1 }!?s2 le e b41 E..ezl 1/4 �o r 1%•101 Sec1„one 6: ct nce aN89-55':1"E, .1., Nor1n �ne of zloltl Sou Ragnt/of w el flag -d c(forme yoS.. od) o tling 111 R' Cf Pi ll- C..I, u BookhS. poBe 60, el ofre Pu51icBP ortls o s County, E ndp. •13.7) le the hPOlNi Or BCGINNING: IM1ence conlinae to N6. al"ad ', 0 9 aoitl it of IFe Sneat I/: of ezfpe l ;:lec ot SNoa6, a m Being s i th Ri9h1-of-woy ao�elp ecoid er Soueeam< a xa el Bee4 a5.irW9ed 764 l mlrBi (})eco long me61-hely Ngnl-el-waynx le e Of 1.6.1al Recore 4609, pa, of s comlyo , (1) 1 ge v:ng s h Retools the Sof llh.lexl t/fa 11 lM1e.o�ln.e nt'lae I Sealaoal 6or! 500'2]'4]"W, or 6.88 l0 1Fe point oll i. erxec ion w M1 - aspen curt a SoalM1 erly; (2) IM1ence Ea E Iolo h f sa Neorinoq of N00-2-8 ov-1h !1210.0:1 ongle 30'45 111., a gIh l to oinl feel, and a anore0 6.arin9 SJ:'692I., for '..I: tool o In point of I -h-1: (3) met- , ,,.' .f for 32.56 le then e lea.i Right -el -W, li of onlcloir E.. eoccore'Ing e Oflic al 4eortlx ydao4 1609, page ^^_ 3, sll'S8'S6"E, eleng IM1e Soaln<Ny R:k .7, -way li a el Nen clai Rood accosting Ine Ofliclal Recortla Boo . 1., -.6 2002.1 of Cher i.1 . Recortla of Pinellas wesfeNr Ri",' hof- , 1: fl Baelcher Rppd (C -1Y Rnndn 9a)+ Ine s Bao, •609, po 203: -- S34 ce 53•'•8'39"w. along la lr Right-af- o e Belcher R (Coa.+ty Rootl 9•) ec eadlnl9 sli 1. Official Recortla Book 4 609 . Png ageatl 03, for Ba9.29 feel: Ihen a the follo.inB si (6j e wn!erly Ri9hl-of-wey line of Belcher Rood (C ... y %.f,d9al) o Oflic lel e --Book 8312, p-14 8, of In P Recortlsn of Pin lion County, .... do: (1) th- 539'16'15"W. to 2)6.32 Tref: (_aJ I,- 53 - 3 'W, or 81.:• Iee1, (,o Ih N55'1 t'26"W. f r 27,00 loot: (f." 12171ce 53•'•8'3•"W, r 80.00 N: (5j Ihence 855'i 1'26"E. or 27.00 Ihence 4'48'1)•"W, for 129.62 feet to he tp I el inlereclio . e R;ghl-ol-wey line o' Sense nl Rootl (Slate, P. 5-556) --dtng to aoitl Official Records Boe4 8312, pogeot -8: e 5]0'16'1} W, Oong aoitl s� Ne M1e r Pigh!-of-way II ;�I p d �S,ale aaa 5-see)roaa raise 8}1141r_ a Book 2�Ipage 8, for 53.95 !ee, le M1e p n1l of1 rse .Ph -id a i c. al Sunae1 yPoinc Rootl (Ste lY 5 �5.) r- a oOffNcaal lRec - B 478, oe e cco�ding k 930100'06.0856"E, M1a. �adwaeola14,110,10 -t. ength of 67.80 f cringe 589'5:' 28"w f.- f 67.80 e pN;n; o raecNeic..gent II ving s nR�gnt-al-woYhli..... Pead s(SIe1e R a -588) acco�ayng o Of'M1cio1 N ne o1 an e1 Poinlpage 1•JF, N50'10'18"E, for 35.77 leer: cote 155.37 03'E. efar2}:.61 feel; Ihence .44'3902 E. !or 2].]1 feel .10'18'26"C, ler 35.22 565'03'37"E, ler 11.00 le a N58' 8'17'E. 1, 24.231 fee1:e,Fence NII -52 55-E. fo fe �. I-- 555'1 I'27'E, N31 43 IM1 E, to :.45 e1e N55'It'26-.. fore 27.00 eel: i E! ., -.0 fe NO3'03'00'w, ler 36.68 feel 8.25'31x'10"w, for Is19.0• Mena N -11'01"w, for 201.11 f.11: I - N 29'16'08"w, fa• 86.821 _% hence .4T36'09"C, fo 130.01 feel: Ihence NI 18"E, for 217,95 mel; .0316'18"C, ler 221.16 fe .15'25'32"w, lo• •6.91 1 1. Ihence NOP00WE. for 109.72 `et alo Ine PUINI D eCGINNING. LEGEND PROPERTYLINF _.._.._.._.._.._.._.._.._.._ WETLAND LINE ..._.._.._ .......................... RF.70NE TO MHDR AMEND LAND USE TO RES. MED. WETLAND d PROPERTYLINE EX ZONING: P, PROPOSED : MHDR ZONING: MHDR EX LAND USE: P, PROPOSED RES. MED. FLU: RM (SFE ATTACHED FOR LEGAL DESCRIPTION) ' AREA = 15, 625 S.F.. 0.35 ACRES. (SW -B) PROPERTY LINE (SEE PARCEL 2 SKETCH & DESCRIPTION ATTACHED) f ®` EX OFF-SITE\� WETLAND TO REMAIN i PINELLAS COUNTY was n PROPERTYLIN'E WETLAND LINE ZONING: RPD -7.5 �,..•-.......•...•�• TO BE IMPACTED F1 U: RU �e �f ~ • EX.. ZONING: P PROPOSED: MHDR &•.� yy\ YZ N V �'• ' � e.. �t��,�� e r VVV EX LAND USE: P, PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA = 15957 S.F. , 0.37 ACRES. (SW -C) ZONING: P (SEE PARCEL 1 SKETCH & DESCRIPTION ATTACHED) A �� FLU: P F WETLA EDREZONE TO MIIOR ei TO BE IMPACTED AMEND FLU TO RM 77F J °Y EX. ZONING.- MHDR 0 " EX. LAND USE.- RES. MED. EX. WETLAND TO REMAIN (SN' -A) PROPERTY LINF. _IV.. 4=1.111 R, BELCHER ROAD (COUNTYROAD 94) ZONING: C FLU: R/OIR I a PEB6ctN 1433 Issue Date: OW206 R,A.1 p I2 IS C11re CONNfMS D2 I_ oN FrNi�s BUD 161 v y n F M Qoa Lu E4 YCCLL. �vw BY p :52z U Z - Q C G 0 N J GNLu U n Sketch of Wetlands One (1) &Two (2) Page 6 of 8 Z:\2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx A- - SKETCH & DESCRIPTION 1. BEARINGS ARE BASED ON THE NORTHERLY LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89.55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION 15001 -ISUN COASSEST LAKES BOULEVARD TLAND SU RVEYIN p DATE 11 INC. N K OM 1 1 CHECKED/QC KOM OLDSMAR, FLORIDA 34677 D FIELD CREW N/A LB4= BOUNDARY -TOPOGRAPHIC-CONSTRUCTIONSTAKEOUI BK./ PG. N/A PH: (813) 854-1342 SLSURVEYOTAMPABAY.RR.COM SURVEY DATF NSA NNk 3"E. SHEET 1 SURVEYOR'S CERTIPI,CATE,.; I hereby certify that the SURVEY,tlepj ted`hET poi�wa prep' edY:, under my RESPONSIBLE CHARGE;,, the"dg (s) showr6j nd meets the STANDARDS OF PRAC51CE" sef Orth by the FLORI_D'A�` BOARD OF PROFESSIONAL SURVEYORS:AND Mp R "in Chapter " 5J-17, FLORIDA ADMINISTRATIVEYCOD pursudn to" action p r 472.027, FLORIDA STATUTES.Awf'rL1x' (�r" ^ KELLY O.. MCCLUNG.,to,raodot►tt i� SATE PROFESSIONAL SURVEYOR and MAPPER X4032 LI � LINE BI L-1 SAE L-2 S. 0" L-3 S.1 E L-4 S. 8E L-5 S. 2,r L-6 S.2: L-7 S.1( L-8 S.31 L-9 S.2C L-10 S.51 L-11 S.3° L-12 S.14 L-13 S.O� L-14 S.12 L-15 S.4� L-16 N.8C L-17 N.01 L-18 N.OE L-19 N15 L-20 S.2i L-21 S.43 L-22 S. 4E L-23 N.04 L-24 N.1 E SKETCH & DESCRIPTION 1. BEARINGS ARE BASED ON THE NORTHERLY LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89.55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION 15001 -ISUN COASSEST LAKES BOULEVARD TLAND SU RVEYIN p DATE 11 INC. N K OM 1 1 CHECKED/QC KOM OLDSMAR, FLORIDA 34677 D FIELD CREW N/A LB4= BOUNDARY -TOPOGRAPHIC-CONSTRUCTIONSTAKEOUI BK./ PG. N/A PH: (813) 854-1342 SLSURVEYOTAMPABAY.RR.COM SURVEY DATF NSA NNk 3"E. SHEET 1 SURVEYOR'S CERTIPI,CATE,.; I hereby certify that the SURVEY,tlepj ted`hET poi�wa prep' edY:, under my RESPONSIBLE CHARGE;,, the"dg (s) showr6j nd meets the STANDARDS OF PRAC51CE" sef Orth by the FLORI_D'A�` BOARD OF PROFESSIONAL SURVEYORS:AND Mp R "in Chapter " 5J-17, FLORIDA ADMINISTRATIVEYCOD pursudn to" action p r 472.027, FLORIDA STATUTES.Awf'rL1x' (�r" ^ KELLY O.. MCCLUNG.,to,raodot►tt i� SATE PROFESSIONAL SURVEYOR and MAPPER X4032 SKETCH & DESCRIPTION DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89°55'57"E., for 413.73 feet; thence S.00°03'30"W., for 109.74 feet; thence S.16°29'05"E., for 46.95 feet; thence S.03°17'47"W., for 223.24 feet; thence S.15°25'31 "W., for 8.21 feet; thence S.88°06'30"E., for 7.83 feet; thence S.25°04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25°04'30"E., for 36.22 feet; thence S.10`19'51 "E., for 21.80 feet; thence S.31 `44'02"W., for 38.92 feet; thence S.02°21'38"E., for 48.07 feet; thence S.20`45'55"E., for 18.59 feet; thence S.51 `32'24"E., for 14.78 feet; thence S.35°54'45"E., for 34.83 feet; thence S.14°52'00"E., for 27.95 feet; thence S.14`27'27"E., for 50.79 feet; thence S.05°10'32"E., for 68.51 feet; thence S.09°09'22"E., for 29.85 feet; thence S.12°00'31"W., for 32.97 feet; thence S.49"41'39"W., for 19.35 feet; thence N.80°24'49"W., for 22.76 feet; thence N.15°41'52"W., for 45.76 feet; thence N.09`24'29"W., for 48.57 feet; thence N.01 °5427"W., for 34.85 feet; thence N.06°22'21 "W., for 39.19 feet; thence N.15'43'04"W., for 43.56 feet; thence S.27°37'11 "W., for 25.75 feet; thence S.43°33'47"W., for 12.41 feet; thence S.46°47'14"W., for 6.14 feet; thence N.04°59'55"W., for 4.77 feet; thence N.12'56'15"E., for 149.87 feet; thence N.18`43'14"E., for 8.50 feet; thence N.00°29'53"W., for 74.49 feet to the Point of Beginning. Containing 0.35 acres, more or less. SHEET 2 SKETCH & LEGAL DESCRIPTION IS TTIM COAST LAND SURVEY Q INC. DRAWN DATE 1 I 11 KI 111 FOREST LAKES BOULEVARD CHECKED/QC K5 OLDSMAR, FLORIDA 34677 CICI n Le4w BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SLSURVEYOTAMPABAY.RR.COM SKETCH & DESCRIPTION nn 1. BEARINGS ARE BASED ON THE NORTHERLY LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION S, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. 4. THIS IS 40T A BOUNDARY cuavcv MAST LAM) MEYK IMC 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34.677 LB 4i 5UUNUARY-TOPOGRAPHIC-CONSTRUCTION STAKEOUT 1H: (813) e54-1342 Stein OTAIFABAY.Rrt. SHEET 1 SKETCH & LEGAL DESCRIPTION SURVEYOR'S CERTIFICATE I hereby certify that the SURVEY depicted hereon was prepared under my RESPONSIBLE CHARGE an the da !s) Mlewn, and meets the STANDARDS OF PRACTICE Jset d by -the and BOARD OF PROFESSIONAL SURVEYORS AND PPERS'in Chapter 5J-17, FLORIDA ADMINISTRATIVE COfjE-purau t to Section 472-027, FLORIDA STATUTES. s , 1 r a -Jo -is JOHN J. LAND % - - DATE PROFESSONAL � ydd MAPPER #7ti©4 CT NO. 15001.01 ZING# 15001.01-1-1 N!A N JJB 6-30-16 (EQ/QC KOM CREW N/A G. N/A .Y DATE NIA SKETCH & DESCRIPTION Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89'55'57"E., for 413.73 feet; thence 5.00'03'30"W., for 75.55 feet to the Point of Beginning; thence S.70'02'49"E., for 6.96 feet; thence S.62'17'32"E., for 21.53 feet; thence N.44'14'46"E., for 19.35 feet; thence S.61 °15'18"E., for 18.69 feet; thence S.14'44'56"E., for 33.15 feet; thence S.06'12'26"E., for 31.91 feet; thence S.17'0940"E., for 40.40 feet; thence S.04'06'01"W., for 53.01 feet; thence S.21'24'37"E., for 51.42 feet; thence S.33'29'26"E., for 34.23 feet; thence S.68'02'38"W., for 26.83 feet; thence S.32'52'44"W., for 12.93 feet; thence S. 49'10'06"E., for 27.53 feet; thence N.89'27'29"W., for 35.95 feet; thence N.50°15'05"W., for 55.39 feet; thence N.03°18'08"E., for 48.26 feet; thence N.17*37'36"E., for 46.40 feet; thence N.16'05'22"W., for 35.00 feet; thence N.18'24'52"W., for 35.27 feet; thence N.24'16'02"W., for 17.18 feet; thence N.18*04'04"W., for 39.98 feet; thence N.58'27'19"W., for 53.27 feet; thence N.08'42'15"W., for 19.76 feet; thence S.67'55'15"E., for 18.01 feet; thence S.70'02'49"E., for 33.63 feet to the Point of Beginning. Containing 0.37 acres, more or less. SKETCH & LEGAL DESCRIPTION �S�lW(�pAST �� SUAYEYtVG, MVC. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB 4w BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 S1.91R"TAMPABAY.RR00I4 SHEET 2 Armstrong Environmental Report Page 7 of 8 z:\2oiaAutocADProjects\lass-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx ARMSTRONG ENVIRONMENTAL SERVICES, INC. P.O. Box 518 Safety Harbor, Florida 34695 (727) 726-8896 (FAX) 726-8790 November 10, 2016 Housh Ghovaee, President Northside Engineering Inc. 300 South Belcher Road Clearwater, FL 33765 RE: Revised Environmental Narrative for Montclair Lake Estates, Clearwater, FL Dear Mr. Ghovaee: Attached is the Revised Environmental Narrative for submittal to modify the SWFWMD Environmental Resource Permit (ERP) for the above-mentioned 12+ acre site located at the southwest corner of North Belcher Road and Montclair Road in Clearwater, Florida. Please review the enclosed reports and if you have any questions, please feel free to call. Sincerely, Martin S. Armstrong, Ph.D. President Enclosures cc: Agostino DiGiovanni, DiGiovanni Homes AES File 590-001 PF (C:\reports\0590-001-r02a) Armstrong Environmental Services, Inc. Environmental Narrative Montclair Lake Estates 2251 Montclair Road Revised November 10, 2016 INTRODUCTION Armstrong Environmental Services, Inc. (AES) has conducted a protected species survey of a 12 + acre portion of Folio 06-29-16-00000-230-0200, identified as Montclair Lake Estates located at 2251 Montclair Road, in Clearwater, Pinellas County, Florida. SOILS The site has three soil associations, including the open water category, as identified in the Pinellas County Soil Survey (see attached soils map from Natural Resource Conservation Service): Myakka soils and urban land (#17): This soil association was formerly known as Myakka fine sand (My) in the 1972 Pinellas County Soil Survey. Identified as a nearly level, poorly drained soil on broad flats between sloughs and swamps, the water table is normally at a depth of 10 to 30 inches; it rises to the surface for a short time during wet periods and falls below 30 inches during extended dry periods. Tavares soils and Urban land, 0 to 5 percent slopes (#29): This soil association was formerly known as Astatula fine sand, moderately deep water table (As) in the 1972 Pinellas County Soil Survey. Identified as a nearly level to gently sloping sandy sol on low ridges and isolated knolls, this soil has a water table at a depth of 40 to 60 inches for more than 6 months most years; rises above 40 inches for a short time during wet periods and falls below 60 inches during extended dry periods. Water 099Z Inundated open water areas. These areas have a permanent pool year round. The primary open water area is Beckett Lake. The other open water areas on the site were excavated from the Myakka soils (man-made surface waters) from before 1951 to 1965, as evidenced from historical aerial photography. EXISTING CONDITIONS — HABITAT AND VEGETATION This site was put into citrus production prior to 1951. Sometime between 1965 and 1967, the western portion of the site was converted to an ornamental horticultural plant nursery. This nursery was recently abandoned and the plants and surface irrigation system has been removed from the site over the past year. Please refer to the attached Habitat - FLUCCS Map for the location of the following land uses identified according to the Florida Land Use Cover Classification System (FLUCCS). FLUCCS 240 — Nurseries and Vineyards: This category is composed of nurseries, floricultural areas and seed -and -sod areas used perennially and generally not rotated with other uses. The sparse overstory of the Nursery is primarily located on the periphery and includes a few live oak (Quercus virginiana), laurel oak (Quercus laurifolia), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), sweetgum (Liquidambar styraciflua), and a huge yew plum vine (Podocarpus macrophyllus) hedge along Belcher and Montclair Roads. The areas surrounding the FLUCCS 641 (herbaceous marsh) areas are dominated by Senegal Date Palms (Phoenix reclinata), with a few loblolly bay (Gordonia lasianthus), southern magnolia (Magnolia grandiflora), Australian umbrella tree (Schefflera actinophylla), and other exotic cultivars. The understory is dominated by bahia grass (Paspalum notatum), common bermuda (Cynodon dactylon), beggartick (Bidens (C:\reports\0590-001-r02a) 2 Armstrong Environmental Services, Inc. alba), frogfruit (Lippia nodiflora), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon sp.), smutgrass (Panicum sp.), dayflower (Commelina diffusa), American black nightshade (Solanum americanum), creeping oxeye (Wedelia trilobata), mexican petunia (Reullia sp.), carpetgrass (Axonopus sp.) and various sedges (Cyperus sp.). The ground cloth was recently removed and invader species have begun to become established throughout the uplands. FLUCCS 524 — Lakes less than 10 acres: The edge of Beckett Lake and an isolated man-made waterbody on the north side of the project are the two open -water areas found on the site. The dominant vegetation in these areas are typically floating -leaved aquatics such as water hyacinth (Eicchornia crassipes), duckweed (Lemna minor), water fern (Azolla caroliniana), and water spangles (Salvinia minima). Some littoral vegetation such as alligatorweed (Alternanthera philoxeroides), primrose willow (Ludwigia peruviana), cattail (Typha latifolia), and torpedo grass (Panicum repens) maybe present in sparse coverage. FLUCCS 641 — Herbaceous Marsh: Two areas of this FLUCCS code are found on the site; the northern area is basically a drainage area that has been surrounded by Phoenix reclinata with an understory of American evergreen (Syngonium podophyllum), water pennywort (Hydrocotyle umbellata), St. Augustine grass (Stenotaphrum secundatum), nightshade, and elderberry (Sambuscus canadensis). PROTECTED SPECIES SURVEY: AES conducted pedestrian transects throughout the site to determine the presence or potential presence of State and Federally Listed Species (endangered, threatened and/or species of special concern) such as the bald eagle, Sherman fox squirrel, scrub jay, blue indigo, gopher tortoise, scrub jay, listed wading bird species and/or bird rookeries and the southeastern American Kestrel. AES referred to the FWC's "Florida's Endangered and Threatened Species" publication (updated January 2013). Please note that no protected species were observed on the site during the field work which was conducted in March and May of 2015. AES consulted the Florida Fish and Wildlife Conservation Commission (FWC) Waterbird Locator, Bald Eagle Locator, and the Florida Natural Areas Inventory (FNAI) Biodiversity Matrix. The FWC Bald Eagle Locator indicated nine (9) Bald Eagle Nests have been identified within a 5 - mile radius of the site, identified with a blue marker on the map below. The nearest bald eagle nest, PI 020, is located 2.14 miles northwest of the subject site. Therefore, we can conclude that development of the subject site will not have any impact on any of this bald eagle nests primarily due to the distance to the site. No waterbird colonies have been documented on the site from FWC; the closest waterbird colony is located on Alligator Lake, 2.75 miles southeast of the site. The FNAI Biodiversity Matrix did not identify any known protected species occurrences on or adjacent to this site. Please note that no protected species (endangered, threatened or species of special concern) as listed by the US Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC) were observed on the property during the field work, nor do we anticipate any protected species utilization of the habitats on the site due to the previous impacts to this site. RECOMMENDATIONS: The proposed site plan indicates the entire upland community of the property will be developed as a multi -family residential development. The lack of any protected species utilization on the site indicates there will be no impacts to protected species with the proposed development. PROPOSED WETLAND IMPACTS (C:\reports\0590-00 1 -r02a) 3 Armstrong Environmental Services, Inc. The proposed wetland impacts consist of the following (see plans for area identification). Wetland Impact I (SW -B, 0.35 acres of fill proposed): Fill the existing upland -cut, isolated, surface water. FLUCCS 524: open water. No mitigation required. Wetland Impact 2 (SW -C, 0.37 acres of fill proposed): Fill the existing isolated surface water: FLUCCS 641: herbaceous. Exempt, No mitigation required. Please note that 0.03 acres of this wetland are located off-site; allowing this area to remain after the construction would not allow adequate habitat to remain for wetland dependant species, but rather provide a breeding hole for mosquitoes. TOTAL WETLAND IMPACT: 0.72 acres of surface waters. (CAreports\0590-001-r02a) Armstrong Environmental Services, Inc. TABLE ONE: PROJECT WETLAND AND OTHER SURFACE WATER SUMMARY: Montclair Lake Estates, S -T -R 06 -29S -16E, Pinellas County WL & SW WL & WL & WL & SW TEMPORARY WL & SW PERMANENT WL & SW MITIGATION ID SW SW SIZE NOT IMPACTS IMPACTS AREA ID TYPE Impacted WL & SW IMPACT IMPACT WL & SW IMPACT IMPACT TYPE SIZE TYPE TYPE SIZE TYPE SW -A 524 0.23 ac. 0.23 ac. SW -B* 524 & 641 0.61 ac. 0.26 ac. 524 0.35 ac. Fill. Exempt SW -C* 641 0.37 ac.** 0.00 ac. 641 0.37 ac. Fill Exempt PROJECT TOTALS 1.21 ac. 0.49 ac. 0.72 ac. WL = Wetland, SW = Other Surface Water, ID = Identification number, letter, etc., * = Exempt Wetland Wetland Type: from the Florida Land Use and Cover Classification System (FLUCCS): 510 =Streams; 617 =Mixed Forested Wetlands; 621 = Cypress Wetlands; 631 = Wetland Scrub; 641 = Freshwater Marshes Impact Type: D=Dredge; F = Fill; H = change hydrology; S = shading; C = clearing; O = other ** = includes 0.03 ac of isolated wetland offsite. SW -A SW -B — Wetland Impact 1 - SW -C — Wetland Impact 2 - Survey Parcel 2 Survey Parcel 1 (C:\reports\05 90-00 1 -r02a) 5 Armstrong Environmental Services, Inc. SWFWMD Permit Approval and Amendment Page 8 of 8 z:\2o14AutocADProjects\1433-MontclairLake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx F Southwest j- Florida 2379 Broad Street, Brooksville, Florida 34604-6899 �y Water Management District (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) Pinellas Letter Received: October 27, 2016 Expiration Date: November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E On the Internet at. WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Minor Modification Project Name: Montclair Lakes Estates App ID/Permit No: 736457 / 43034349.003 County: Pinellas Letter Received: October 27, 2016 Expiration Date: November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/err)/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division cc: Donald Fairbairn, P.E., Northside Engineering, Inc. F Southwest 2379 Broad Street, Brooksville, Florida 34604-6899 Florida Project Name: �6 9 l vv X71 LJi 1 Water Mana ement Districc t (352) 796-7211 or 1-800-423-1476 (FL only) 736457 / 43034349.003 County: - -►-.-_ --- SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) o y �G oy �w __ On the Internet at: WaterMatters.org Sec/Twp/Rge: S06/T29S/R16E Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Minor Modification Project Name: Montclair Lakes Estates App ID/Permit No: 736457 / 43034349.003 County: Pinellas Letter Received: October 27, 2016 Expiration Date: November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit modification. Based upon a review of the information you submitted, the application is approved. This modification to Permit No. 43034349.002 authorizes the following 1. The addition of 0.12 acre of impact within Wetland #1. The additional impact authorized by this modification will not require mitigation pursuant to pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. 2. The Engineer -of -Record has demonstrated that there will be no floodplain impacts due to the proposed surface water impacts. The stormwater conveyance will be maintained in the proposed conditions. 3. All other terms and conditions of Construction Permit No. 43034349.002, dated June 20, 2016, and entitled Montclair Lakes Estates apply. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. App ID/Permit No:736457 / 43034349.003 Page 2 November 01, 2016 The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.orq/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division Enclosures: Notice of Rights cc: Donald Fairbairn, P.E., Northside Engineering, Inc. Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flruies.org or at the District's website at www.WaterMatters.org/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.orp/about. JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9.110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee Southwest Florida 2379 Broad Street, Brooksville, Florida 34604-6899 Water Management District (352) 796-7211 or 1-800-423-1476 (FL only) o _ SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) ��'gCLMEa� On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee r F Southwest Florida 2379 Broad Street, Brooksville, Florida 34604-6899 9 Water Management District (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) N~7C[Mti�� On the Internet at. WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. App ID/Permit No:721316 / 43034349.002 Page 2 June 20, 2016 If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division Enclosures: Approved Permit w/Conditions Attached As -Built Certification and Request for Conversion to Operation Phase Notice of Authorization to Commence Construction Notice of Rights cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43034349.002 EXPIRATION DATE: June 20, 2021 PERMIT ISSUE DATE: June 20, 2016 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. 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: Montclair Lakes Estates GRANTED TO: Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 OTHER PERMITTEES: N/A ABSTRACT: This permit is for the construction of a stormwater management system serving an 11.17 acre residential project. This permit includes the construction of 10 townhome buildings (60 units), 13 duplex buildings (26 units), amenity area, internal roadway, parking and associated stormwater management system. The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater pond via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. This permit is issued based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. Also, all wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. The project is located at the southwest corner of the intersection of North Belcher Road and Montclair Road in Pinellas County. OP. & MAIN. ENTITY: Montclair Lake Homeowners Association, Inc. OTHER OP. & MAIN. ENTITY: N/A COUNTY: PINELLAS SEC/TWP/RGE: S06/T29S/R16E n TOTAL ACRES OWNED OR UNDER CONTROL: 23.69 PROJECT SIZE: 11.17 Acres LAND USE: Residential DATE APPLICATION FILED: November 24, 2015 AMENDED DATE: N/A 2 I. Water Quantity/Quality POND No. Area Acres @ Top of Bank Treatment Type 1 1.22 MAN-MADE WET DETENTION Type Total: 1.22 0.25 Water Quantity/Quality Comments The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater ponds via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The elevation datum used for this project is NAVD 88. A mixing zone is not required. A variance is not required. II. 100 -Year Floodplain Encroachment Compensation Compensation Encroachment (Acre -Feet of fill) (Acre -Feet of Type Result* (feet) 0.25 excavation 0.00 0.00 0.54 0.57 Equivalent Excavation N/A Floodplain Comments The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. *Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation. III. Environmental Considerations Wetland/Other Surface Water Information Wetland/Other Total Not Surface Acres Impacted Water Name Acres Permanent Impacts Temporary Impacts Acres Functional Loss* Acres Functional Loss* Wetland #1 0.37 0.12 0.25 0.00 0.00 0.00 Wetland #2 0.60 0.25 0.35 0.00 0.00 0.00 r7- Total: 0.97 0.37 j 0.60 0.00 0.00 0.00 * For impacts that do not require mitigation, their functional loss is not included. Wetland/Other Surface Water Comments: Wetlands are not located within the project area for this ERP; however, there are 0.97 acre of other surface water features, consisting of 0.37 acre of ditches (FLUCCS 510) and 0.6 acre of ponds (FLUCCS 534), located within the project area. Permanent filling impacts to 0.6 acre of the project surface waters will occur for the construction of a multifamily residential facility with associated roadways, parking, and surface water management system. Mitigation Information Mitigation Comments: Wetland mitigation will not be required for permanent filling impacts to 0.35 acre of ponds pursuant to Section 10.2.2. of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species. Wetland mitigation is not required for permanent filling impacts to 0.25 acre of upland cut ditches pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. Specific Conditions 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 may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, 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. The Permittee shall retain the design professional registered or licensed 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 design professional so employed. This information shall be submitted prior to construction. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: wetland and surface water areas limits of approved surface water impacts The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. All wetland and surface water boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District for the term of this permit. If this permit is extended, the wetland and surface water boundaries shall only remain binding for the term of such extension provided that physical conditions on the property, as solely determined by District staff, do not change so as to alter the boundaries of the delineated wetlands or other surface waters during the permit term, unless such change has been authorized by a permit issued under Part IV, Chapter 373, F.S. 5. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted stormwater management system, and the locations and limits of all wetlands, wetland buffers, upland buffers for water quality treatment, 100 -year floodplain areas and floodplain compensation areas, shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the As -Built Certification and Request for Conversion to Operational Phase Form, and prior to beneficial occupancy or use of the site. 6. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Regulation Division: 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 with the submittal of the Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity form. The following language shall be included as part of the deed restrictions for each lot: "Each property owner within the subdivision at the time of construction of a building, residence, or structure shall comply with the construction plans for the stormwater management system approved and on file with the Southwest Florida Water Management District." ,, , 8. All lots abutting wet detention ponds shall have the following language (or similar language as approved in writing by the District Service Office that services this permit), as part of the deed restrictions: "The lot owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD." Certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341 is waived. 10. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease. 11. The Permittee shall notify the District of any sinkhole development in the stormwater management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery. 12. The Permitted Plan Set for this project includes: the set received by the District on June 13, 2016. 13. The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase. For systems utilizing retention or wet detention, the inspections shall be performed five (5) years after operation is authorized and every five (5) years thereafter. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the District. Within 30 days of any failure of a stormwater management system or deviation from the permit, an inspection report shall be submitted using Form 62-330.311(1), "Operation and Maintenance Inspection Certification" describing the remedial actions taken to resolve the failure or deviation. 14. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport 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. 15. 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. 16. The permittee shall complete construction of all aspects of the stormwater 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 1 i ., It served by this system. 17. The following 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. 18. All stormwater 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 offsite property. 19. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the 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 permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 20. 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 constitute 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. 21. A "Recorded notice of Environmental Resource Permit," Form No. 62-330.090(1), shall be recorded in the public records of the County(s) where the project is located. 22. This permit is issued, based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. 23. All wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. 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. Michelle K. Hopkins, P.E. Authorized Signature EXHIBIT A GENERAL CONDITIONS: 1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project -specific conditions. a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action. b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. C. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(8)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[effective date], incorporated by reference herein (<http://www.flruies.org/Gatewav/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: 1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex - "Construction Completion and Inspection Certification for Activities Associated with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or 2. For all other activities - "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. 3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. If the final operation and maintenance entity is a third party: 1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction I A 1 / needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. 2. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. This permit does not 1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; 2. Convey to the permittee or create in the permittee any interest in real property; 3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or 4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. The permittee shall notify the Agency in writing: 1. Immediately if any previously submitted information is discovered to be inaccurate; and 2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. M. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012). o. 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 considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. p. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. q. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. r. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project - specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter. 10 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF AUTHORIZATION TO COMMENCE CONSTRUCTION Montclair Lakes Estates PROJECT NAME Residential PROJECT TYPE PINELLAS COUNTY S06/T29S/R16E SEC(S)/TWP(S)/RGE(S) Montclair Lake Townhomes, LLC PERMITTEE See permit for additional permittees APPLICATION ID/PERMIT NO: 721316 / 43034349.002 DATE ISSUED: June 20, 2016 FL Michelle K. Hopkins, P.E. Issuing Authority THIS NOTICE SHOULD BE CONSPICUOUSLY DISPLAYED AT THE SITE OF THE WORK 11 Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.orq/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about. 12 CLEARWATER aIUcFxrA.138MUnT :-aAxMREACH PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: April 18, 2017 AGENDA ITEM: F.3. CASE: REZ2017-01001 REQUEST: To amend the Zoning Atlas designation from R-3 (Pinellas County) to Open Space/Recreation (OS/R) (City) GENERAL DATA: Applicant ......................... City of Clearwater (Parks & Recreation) Owner ............................. City of Clearwater Location .......................... 3111 and 3109 Wolfe Road, 501 and 421 N. McMullen Booth Road, all four directly at the southeast corner of Wolfe Road and N. McMullen Booth Road Property Size ................... 0.831 acres Background: This case involves four parcels totaling 0.83 acres located at the southeast corner of Wolfe Road and North McMullen Booth Road, contiguous to the Ream Wilson Trail and Del Oro Park. These City -owned parcels are currently vacant and are within Pinellas County's jurisdiction. A Petition for Annexation (ANX2017- 01002) is being processed concurrently with this case at the May 17, 2017 City Council meeting. Maps 1 and 2 show the general location of the property and an aerial view of the amendment area. The request is to change the property's Zoning Atlas designation of R-3, Single Family Residential District (Pinellas County) to Open Space/Recreation (OS/R) upon annexation. A request to amend the Future Land Use Map designation of Residential Urban (RU) (Pinellas County) to Recreation/Open Space (R/OS) is being processed concurrently with this case (see LUP2017-01001). The City designates is parkland and parks facilities as Open Space/Recreation (OS/R) on the Zoning Atlas; therefore, this amendment is required in order to appropriately designate the property to reflect the City's intended use upon annexation. PLANNING & DEVELO'I�T Level Ill Zoning Atlas Amendment Review SONG RANGE ?CANNING D V 90N Map 1 Vicinity Characteristics: MLp 2 Map 3 shows the existing surrounding uses. The property is su.-rour_ded Ly single family homes to the _-1_rth and east. To the west, across North McMullen Booth Road are sin;le family homes and city park fac_l-ties (softball fields). To the south are the Ream Wilson Trail and Dei Oro Park , m e S'n a ;il F. sidenti 1 3 >; 1; x x z i in e F in R d ntial a e iv I.A .�, S+' 1 `F i_y Reside tial p _ 4 WI ~' Seam Wilson -rail Ream Wilson ,,, >Cel Om Parp Trail :]Zx Milt NORMAIrw EXISTING SURROUNDING USES MA? Map 3 Community Development E-oard —April 18, 2017 REZ2017-01 00 1 - Page 2 c 7 PLANNING & DEVELOPMENT Level III Zoning Atlas Amendment Review LONG RANGE PLANNING DIVISION As shown on Map 5, the abutting zoning districts are R-3 (Pinellas County) to the east and R-4 (Pinellas County) to the west across North McMullen Booth Road, Low Medium Density Residential (LMDR) to the north and Open Space/Recreation (OS/R) to the south and west. Map 4 REVIEW CRITERIA: J1 31 11 K i at ft 28 A x x Sl Map 4 REVIEW CRITERIA: Map 5 Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.11 Recommended Findings of Fact: Applicable goals and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Goal B.1. The City shall provide for a safe, convenient and energy efficient multimodal transportation system that serves to increase mobility, efficiently utilize roadway capacity, reduce the incidence of single - occupant vehicle travel, reduce the contribution to air pollution from motor vehicles, and improve the quality of life to the citizens of the City of Clearwater. Community Development Board —April 18, 2017 REZ2017-0 100 1 - Page 3 of 7 a x x Map 5 Consistency with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.11 Recommended Findings of Fact: Applicable goals and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Goal A.4. The City shall work toward a land use pattern that can be supported by the available community and public facilities that would be required to serve the development. Policy A.6.8.1 Build active, attractive communities that are designed at a human scale and encourage walking, cycling and use of mass transit. Goal B.1. The City shall provide for a safe, convenient and energy efficient multimodal transportation system that serves to increase mobility, efficiently utilize roadway capacity, reduce the incidence of single - occupant vehicle travel, reduce the contribution to air pollution from motor vehicles, and improve the quality of life to the citizens of the City of Clearwater. Community Development Board —April 18, 2017 REZ2017-0 100 1 - Page 3 of 7 PLANNING & DEVELOPMENT Level III Zoning Atlas Amendment Review LONG RANGE PLANNING DIVISION Policy G.1.1.3 Locate new community parks and expansions to existing community parks adjacent to arterial streets and/or transit routes whenever possible. Policy G.1.1.4 Coniinue to provide automobile and bicycle parking facilities at all community parks and public beaches. Policy G.1.3.2 Continue to acquire parkland for new supplemental parks to meet district deficiencies. Policy G.1.4.3 Continue to designate appropriate land "Preservation" and "Recreation/Open Space" in the Future Land Use Plan whenever feasible. Applicable section of the Community Development Code which supports the proposed amendment: Division 2. Open Space/Recreation Section2-401. Intent and Purpose. The intent and purpose of the Open Space/Recreation District is to establish areas where public and private organizations can establish and operate passive and active open space and recreation facilities which are important to the quality of life and economic vitality of the City of Clearwater without adversely impacting the integrity of adjacent residential neighborhoods, diminishing the scenic quality of the City of Clearwater or negatively impacting the safe and efficient movement of people and things within the City of Clearwater. The proposed Open Space/Recreation (OS/R) District is compatible with the surrounding single family residential uses, and the property will be integrated into the adjacent park facilities at Del Oro Park. The City's Parks and Recreation department indicated they intend to utilize the area for a trail head for the Ream Wilson Trail, and will provide additional bicycle parking facilities, which supports the City's multi -modal transportation system. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals and policies listed above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.4] Recommended Findings of Fact: Single family homes lie to the north and east. North McMullen Booth Road is directly to the west with single family homes on the western side. A park and recreation facilities are on the southwest side of North McMullen Booth Road and also to the south and east of the subject site. The proposed Open Space/Recreation (OS/R) zoning district requested is consistent with the surrounding zoning districts that exist in the vicinity of the subject property. The proposed Open Space/Recreation (OS/R) zoning district will allow for the expansion of the existing Ream Wilson Trail and/or the expansion of Del Oro Park. The proposed amendment would decrease the density allowed and will increase neighborhood amenities and benefits that parks and trails provide. As such, the proposed amendment will allow development that is in character with and beneficial to the surrounding properties and neighborhood. Community Development Board —April 18, 2017 REZ2017-0 100 1 - Page 4 of 7 PLANNING & DEVELOPMENT Level nl Zoning Atlas Amendment Review LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The proposed Open Space/Recreation (OS/R) zoning district is in character with the zoning districts in the area. Further, the proposal is compatible with surrounding uses and consistent with the character ,of the surrounding properties and neighborhood. Sufficiency of Public Facilities [Section 4-602.F.51 Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the properties, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed (see Table 1). Table 1. Development Potential for Existing & Proposed FL UM Designations As shown in the table, there is a decrease in development potential across the amendment area which would reduce demand on public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed nonresidential Open Space/Recreation (OS/R) zoning district developed to the maximum development potential of the existing residential R-3 zoning district. Potable Water The reduction in development potential from this amendment would result in a decrease in potable water use. This is determined by taking the potential potable water utilization of the proposed land use (903 gallons per day) and subtracting the utilization for dwelling units built at the maximum development potential of the current land use designation (1,562 gallons per day). Wastewater The proposed amendment will result in the reduction in development potential and therefore a decrease of wastewater production. This is determined by taking the potential wastewater of the proposed land use (723 gallons) and subtracting the potential wastewater of the current land use designation for six dwelling units (1,406 gallons). Community Development Board —April 18, 2017 REZ2017-0 100 1 - Page 5 of 7 Net Change Site Area 0.83 AC 0.83 AC (36,154.8 SF) (36,154.8 SF) Maximum 6 DUs zero DUs -6 DUs Development 14,461 SF 9,038 SF -5,423 SF Potential 0.40 FAR 0.25 FAR -0.15 FAR Abbreviations: FLUM — Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet Beds — 65 DUs x 3 beds per unit As shown in the table, there is a decrease in development potential across the amendment area which would reduce demand on public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed nonresidential Open Space/Recreation (OS/R) zoning district developed to the maximum development potential of the existing residential R-3 zoning district. Potable Water The reduction in development potential from this amendment would result in a decrease in potable water use. This is determined by taking the potential potable water utilization of the proposed land use (903 gallons per day) and subtracting the utilization for dwelling units built at the maximum development potential of the current land use designation (1,562 gallons per day). Wastewater The proposed amendment will result in the reduction in development potential and therefore a decrease of wastewater production. This is determined by taking the potential wastewater of the proposed land use (723 gallons) and subtracting the potential wastewater of the current land use designation for six dwelling units (1,406 gallons). Community Development Board —April 18, 2017 REZ2017-0 100 1 - Page 5 of 7 PLANNING & DEVELOPMENT Level III Zoning Atlas Amendment Review LANG RANGE PLANNING DIVISION Solid Waste The proposed amendment will result in a decrease of solid waste generated when comparing the amount of waste generated by a park facility to that of six dwelling units. It is anticipated that one or two additional 55 gallon cans will be used to collect solid waste for the expansion of the park. This is less than the impacts of six dwelling units which would be approximately 15.2 tons per year. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will be improved by this proposed amendment as it will increase parkland acreage. Stormwater Site plan approval will be required before the City can utilize the site as a trail head (parking) or other park facilities. At that time, the stormwater management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is located on the east North McMullen Booth Road at the southeast corner of Wolfe Road. The amendment will reduce the trips per day by 53 trips based on the typical traffic impacts figure (trips per day per acres) in the Countywide Rules for the current and proposed land use categories, which is the standard used to evaluate potential impacts for Future Land Use Map amendments. The existing Countywide Plan Map category of Residential Low Medium (RLM) has a traffic generation rate of 67 trips per day per acre, while the proposed Countywide Plan Map category of Recreation/Open Space is 3 trips per day. The property has the potential to gain access to Wolfe Road, a local road, which connects directly to North McMullen Booth Road, a six -lane, divided facility that is classified as a signalized arterial and maintained by Pinellas County. The intersection of North McMullen Booth Road and Wolfe Road is not signalized. Access management will be addressed at time of site plan approval. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, stormwater management and streets. Location of District Boundaries [Section 4-602.F.61 Recommended Findings of Fact: The location of the proposed Open Space/Recreation (OS/R) is consistent with the boundaries of the subject property, and is adjacent to existing parkland zoned Open Space/Recreation (OS/R). The proposed Open Space/Recreation (OS/R) District is compatible with the single family residential to the north and east, as well as the park land to the south. Community Development Board —April 18, 2017 REZ2017-0 100 1 - Page 6 of 7 Level III Zoning Atlas Amendment Review Recommended Conclusions of Law: PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The District boundaries are appropriately drawn and are compatible with the surrounding uses and zoning districts. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-603.F, Community Development Code. Table 3 below depicts the consistency of the proposed amendment with the standards pursuant to Section 4-603.F: Table 2. Consistency with Community Development Code Standards Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from R-3 (Pinellas County) to Open Space/Recreation (OS/R) District. Prepared by Planning and Development Department Staff: Lila CWIdl Ellen Crandall Senior Planner ATTACHMENTS: Ordinance No. 9007-17 Resume Photographs of Site and Vicinity Community Development Board —April 18, 2017 REZ2017-01001- Page 7 of 7 F.1 The proposed amendment is consistent with and features X the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. F.2 The available uses to which the property may be put are X appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. F.3 The amendment does not conflict with the needs and X character of the neighborhood and the city. FA The amendment will not adversely or unreasonably affect X the use of other property in the area. F.5 The amendment will not adversely burden public X facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. F.6 The district boundaries are appropriately drawn with due X regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the Zoning Atlas amendment from R-3 (Pinellas County) to Open Space/Recreation (OS/R) District. Prepared by Planning and Development Department Staff: Lila CWIdl Ellen Crandall Senior Planner ATTACHMENTS: Ordinance No. 9007-17 Resume Photographs of Site and Vicinity Community Development Board —April 18, 2017 REZ2017-01001- Page 7 of 7 JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. 2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9.110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. 13 CLEARWATER HRIC;HT MD RFAU'fnUL- RAY M RFACH PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: March 21, 2017 AGENDA ITEM: G.2. CASE: REZ2016-08005 REQUEST: To amend the Zoning Atlas designation from Preservation (P) to Medium High Density Residential (MHDR) District GENERAL DATA: Applicant ......................... Northside Engineering, Inc. Owner ............................. Montclair Lake Townhomes, LLC Location .......................... 2251 Montclair Road, portion of the property along the south side of Montclair Road approximately 770 feet west of North Belcher Road. Property Size ................... 0.72 acres Background: This case involves a 0.72 -acre portion of property located along the south side of Montclair Road approximately 770 feet west of North Belcher Road, addressed as .2155 Montclair Road. The property is owned by Montclair Lake Townhomes, LLC. Maps 1 and 2 show the general location of the property and an aerial view of the proposed amendment area. The request is to change the property's Zoning Atlas designation of Preservation (P) to Medium High Density Residential (MHDR). The applicant is also requesting to change the Future Land Use designation from Preservation (P) to Residential Medium (RM). (See LUP2016-08008). In 2013 the proposed amendment area, in combination with surrounding parcels totaling 23.75 acres, was annexed into the City. City Council approved a future land use change from Residential Urban (RU), Preservation (P) and Water to Residential Medium (RM), Preservation (P) and Water (LUP2013-04002) and a rezoning from RPD -7.5 to Medium High Density Residential (MHDR) and Preservation (P) (REZ2013- 04002). At that time the Preservation (P) designation line was adjusted based on a jurisdictional survey provided by the applicant, and current maps reflect that boundary. In 2016 the applicant applied for and received a permit from the Southwest Florida Water Management District (SWFWMD) to permanently fill 0.72 acres of the total existing 0.98 acres of wetlands on the property. This application is consistent with the SWFWMD permit. The owner has active building construction permits for the construction of Phase One of a townhome development (60 units) on the east side of the subject site. The approval of this LUP and corresponding REZ is needed before they can apply for PLANNING& DEVELOPMENT LONG RP-NGE P-ANNDiG DMSION site work and building construction permits for Phase Two (add: tic nal 26 units; is conceptually presented to the City. Map 1 Vicinity Characteristics: Map 2 Montclair Lake Townhomes LLC owns the overall site, inclusi-e :)'the proposed amendment Erect, which is bounded by Belcher Road and the north by Montclair Road. The -E are commercial uses to the east, across Belcher Road. Immediately adjacent to the west is a single fa-ni_y residencc (ncluded in the 2013 cases). There are multi -family uses to the north along Montclair Road. Community Development Board — blacL 21, 204 7 REZ2016-08005 - Fage 2 of 3 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Mufti -Fatuity - t t#d�dentlal: a U � a N N ¢ N Currently, the abutting zoning districts are Medium High Density Residential (MHDR) to the north, south, east, and west, and Preservation (P) to the west and north. Properties across Montclair Road are zoned RPD.7.5 (Pinellas County). Community Development Board — March 21, 2017 REZ2016-08005 - Page 3 of 8 Active Assisted Single = Construction Uviny Facility Family +3 Sits of multi - 1*4 family Resident Residential r$ r C erdal Retail Sales and Service ®RWLwifl,rp`'r rgb t ra rr N N N h SUMSETNDNTiV Singlew Famll � rBBp Z7 a�rar�rTwe 88 Rosi ai EXISTING SURROUNDING USE MAP Currently, the abutting zoning districts are Medium High Density Residential (MHDR) to the north, south, east, and west, and Preservation (P) to the west and north. Properties across Montclair Road are zoned RPD.7.5 (Pinellas County). Community Development Board — March 21, 2017 REZ2016-08005 - Page 3 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-601FAI Recommended Findings of Fact: Applicable goals, objective, and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.1. Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3. Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Applicable section of the Community Development Code which supports the proposed amendment: Division 3. Medium High Density Residential District (MHDR) Section 2-401. Intent and Purpose. The intent and purpose of the Medium High Density Residential District ("MHDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. In June of 2016 the Southwest Florida Water Management District (SWFWMD) approved Permit No. 721316 / 43034349.002 which approved the permanent filling impacts to 0.60 acres of wetland (0.35 acres ponds and 0.25 acres of upland cut ditches). In November of 2016 the SWFWMD permit underwent a Minor Modification under Permit No. 736457 / 43034349.003 which approves the addition of 0.12 acres of impact. Mitigation is not required, and the inclusion of this area brings the total area approved for permanent fill to 0.72 acres (the proposed amendment area). Further, the applicant's environmental consultant Armstrong Environmental Services, Inc. determined that no protected species exist on site and therefore would not be impacted. A copy of the environmental narrative from Armstrong Environmental Services, Inc. was provided to SWFWMD as part of the permit application and was provided within the application materials to the City. The subject sites were found to be poor quality wetlands by the applicant's environmental consultant and the proposed fill impacts have been approved through SWFWMD and found to have no negative impacts on protected species. The proposed Medium High Density Residential (MHDR) zoning district is compatible with the surrounding multi -family residential and single family residential uses, as well as with the Montclair Lakes Townhomes LLC multi -family development currently under construction (Phase One). The second phase is anticipated to be submitted pending approval of this application. Community Development Board — March 21, 2017 REZ2016-08005 - Page 4 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The applicant indicated that the filling of the wetland and proposed rezoning will allow for a better site design for the whole multi -family project. The Community Development Code requires a vegetative buffer on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P) or any, property determined to be wetlands under the jurisdiction of the State of Florida. Currently, the majority of the western boundary of the development site is contiguous to Preservation (P) zoning and jurisdictional wetlands, and therefore requires a vegetative buffer that affects where the attached dwelling units can be placed. Subsequent to the permanent filling of the 0.72 acres of wetlands, as permitted by SWFWMD, the amendment areas would no longer be a jurisdictional wetland or other environmentally sensitive land, and therefore would not need to be zoned Preservation (P) on the Zoning Atlas, and a buffer would no longer be required. However, areas designated Preservation (P) on the parcel to the west of the site will remain and will still require buffering. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the, Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objective and policies listed above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.41 Recommended Findings of Fact: A single family home lies to the west of the subject site. To the east, construction of 60 townhomes (Phase One) has started. Further to the east, across Belcher Road, are commercial uses. To the north along Montclair Road are multi -family uses, and to the south is Beckett Lake. The request is in conjunction with an approved SWFWMD permit allowing the permanent filling of the wetland areas, which, once filled, would no longer be consistent with the Preservation (P) zoning district. The amendment area is located at the eastern edge of the existing preservation area running north from Beckett Lake, and is on the western edge of the multifamily development currently under construction at the corner of Belcher Road and Montclair Road. The proposed Medium High Residential Density (MHDR) District primarily permits residential uses, such as attached and detached dwellings, along with community residential homes and assisted living facilities. The intent of the Medium High Density Residential (MHDR) District is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization of neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Medium High Residential Density (MHDR) District is consistent with the zoning designation of the remainder of the parcel, and will allow the development of additional townhomes as part of the same development. It will also continue the character and scale of development current found along Belcher and Montclair Roads. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Community Development Board — March 21, 2017 REZ2016-08005 - Page 5 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-602.F.51 Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis, sufficiency of public facilities is based on the Future Land Use Map designation. Table 1. Development Potential for Existing & Proposed FL UM Designations As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 DUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Community Development Board — March 21, 2017 REZ2016-08005 - Page 6 of 8 Present FLUM Requested FLUM Designation Designation Net Change «p„ «RLM» Site Area 0.72 AC 0.72 AC (31,363 SF) (31,363 SF) Maximum 0 DUs 10 DUs 10 DUs Development 3,136 SF 15,681 SF 12,545 SF Potential 0.10 FAR 0.50 FAR 0.40 FAR Abbreviations: FLUM — Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet Beds — 65 x 3 = 195 beds per unit As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 DUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Community Development Board — March 21, 2017 REZ2016-08005 - Page 6 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Solid Waste The amendment could result in an additional 25.3 tons per year of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County, Waste -to -Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the life span of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater The subject property is proposed to be included in the active multi -family redevelopment. SWFWMD permit did not require mitigation. The current development has an active building construction permit from the City of Clearwater and the storm water management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is generally located south of Montclair Road, west of Belcher Road,- north of Sunset Point Road. The amendment could result in an additional 27 trips per day based on typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the current and proposed land use category. The property has access to Montclair Road, a local road, which connects directly to Belcher Road, a six -lane, divided facility that is classified as a signalized arterial and maintained by Pinellas County. The intersection of Montclair Road and Belcher Road is signalized. The Pinellas County Metropolitan Planning Organization's (MPO's) 2016 Level of Service Report shows the level of service (LOS) for Belcher Road within the vicinity of the subject property is "C." This LOS determination is based on the 2015 average annual daily traffic (AADT) volume of 28,311. The volume -to - capacity ratio for this facility is 0.581. Therefore, this segment of Belcher Road is not a deficient roadway. The number of new daily or peak hour trips will be for the development project determined at the time of site plan review and impacts will be assessed under the City's Mobility Management System in the Community Development Code. However, there is adequate roadway capacity to accommodate the maximum anticipated new daily trips resulting from the amendment. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater. Any required traffic mitigation will be determined at the time of site plan review. Location of District Boundaries [Section 4-602.F.61 Recommended Findings of Fact: The location of the proposed Medium High Density Residential (MHDR) District boundaries is consistent with the boundaries of the area of wetlands permitted for impact through the approved SWFWMD permit. The proposed Medium High Density Residential (MHDR) District is compatible with the multifamily residential north, south, and east, as well as on the remainder of the parcel. Community Development Board — March 21, 2017 REZ2016-08005 - Page 7 of 8 PLANNING @ DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to the area being impacted and the SWFWMD permit. SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602.F, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4-602.F: Table 2. Consistency with Community Development Code Standards Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from Preservation (P) to Medium High Density Residential (MHDR) District. Prepared by Planning and Development Department Staff: ATTACHMENTS: Ordinance 8981-17 Ellen Crandall Senior Planner Resume Photographs of Site and Vicinity Community Development Board — March 21, 2017 REZ2016-08005 - Page 8 of 8 111collsistellf F.1 The proposed amendment is consistent with and features X the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. F.2 The available uses to which the property may be put are X appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. F.3 The amendment does not conflict with the needs and X character of the neighborhood and the city. FA The amendment will not adversely or unreasonably affect X the use of other property in the area. F.5 The amendment will not adversely burden public X facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. F.6 The district boundaries are appropriately drawn with due X regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from Preservation (P) to Medium High Density Residential (MHDR) District. Prepared by Planning and Development Department Staff: ATTACHMENTS: Ordinance 8981-17 Ellen Crandall Senior Planner Resume Photographs of Site and Vicinity Community Development Board — March 21, 2017 REZ2016-08005 - Page 8 of 8 ORDINANCE NO. 8981-17 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING A 0.72 -ACRE PORTION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF MONTCLAIR ROAD APPROXIMATELY 770 FEET WEST OF NORTH BELCHER ROAD, WHOSE POST OFFICE ADDRESS IS 2251 MONTCLAIR ROAD, CLEARWATER, FLORIDA 33763, FROM PRESERVATION (P) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the Zoning Atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the Zoning Atlas of the City is amended as follows: Prope See attached Exhibit A for Legal Description (REZ2016-08005) Zoning District From: Preservation (P) To: Medium High Density Residential (MHDR) The map attached as Exhibit B is hereby incorporated by reference. Section 2. The City Engineer is directed to revise the Zoning Atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 8980-17 by the Pinellas County Board of Commissioners, where applicable. Ordinance No. 8981-17 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Approved as to form: Attest: Camilo A. Soto Rosemarie Call Assistant City Attorney City Clerk Ordinance No. 8981-17 LU P2016-08008, R EZ2016-08005 As furnished by applicant Parcel One 0.37 acres Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 'South, Range 16 East; thence N.89'55'571., for 413.7.E feet; thence S.00 -03'30`°W., for 75.55 feet to the Rains of Beginning; thence 5.70'02'491., for 6,96 feet; thence S.6217'32"E., for 21.53 feet; thence N.44"14'46 "E. for 19.35 feet. thence S.6115'18"E., -for 18.69 feel, thence 5.14'44456"E., nor 33,15 feet, Then a S.0512'26"E., for 31.91 feet,; thence S_17709'40"E., for '44.40 feet.; thence S.044`06'01"W., for 53.01 feet; thence5.21'.24"37"E., for 51.42 feet; thence IS -33729'26"E., for 34.23 feet; thence S.68'02'38'�W, for 2.6.8.3 feet; thence 5.32'52`44"W., for 1'2.93 feet.; thence S.49'10'06"E., for 27.53 feet; thence N.89'27'79114, for 35.95 feet; theno N.50*15'05"W., for 55.39 feet; thence N.0318'081., for 48.26 feet, thence N.17'37'.36"E.: for 46.40 feet; thence N.1,6`05' 22"W., for 35.00 feet; thence N.18'24'52"W., for 35.27 feel; thence, N.24'16'02"W., for 17.18 feet; thence N,18404'04"W'., for 39.98 feet; thence N,5827'19"W, fo. 53.27 feet.; thence N.08'42'15"0J., for 19.76 feet; thence; &67'5515"E., for 18:01 feet; thence S.70702`49"E., for 33.03 feet; to the Point of Beginning. Containing 0.37 acres, more or less, Parcel Two 0.36 acres DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89'55'57"E., for 413.73 feet; thence S.00'03'30"W., for 109.74 feet; thence S.16'29'05"E., for 46.95 feet; thence S.03'17'47"W., for 223.24 feet; thence S.15'25'31 "W., for 8.21 feet; thence S.88'06'30"E., for 7.83 feet; thence S.25'04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25'04'30"E., for 36.22 feet; thence S.10'19'51"E., for 21.80 feet, thence S.31'44'02"W., for 38.92 feet; thence S.02'21'38"E., for 48.07 feet; thence S.20'45'55"E., for 18.59 feet; thence S.51'32'24"E., for 14.78 feet; thence S.35'54'45"E., for 34.83 feet; thence S.14'52'00"E., for 27.95 feet; thence S.14'27'27"E., for 50.79 feet; thence S.05'10'32"E., for 68.51 feet; thence S.09'09'22"E., for 29.85 feet; thence S.12'00'31"W., for 32.97 feet; thence S.49'41'39"W., for 19.35 feet; thence N.80'24'49"W., for 22.76 feet; thence N.15'41'52"W., for 45.76 feet; thence N.09'24'29"W., for 48.57 feet; thence N.01'54'27"W., for 34.85 feet; thence N.06'22'21"W., for 39.19 feet; thence N.15'43'04"W., for 43.56 feet; thence S.27'37'11 "W., for 25.75 feet, thence S.43'33'47"W., for 12.41 feet; thence S.46'47'14"W., for 6.14 feet; thence N.04'59'55"W., for 4.77 feet; thence N.12'56'15"E., for 149.87 feet; thence N.18'43'14"E., for 8.50 feet; thence N.00'29'53"E., for 74.49 feet to the Point of Beginning. Containing 0.36 acres, more or less. Exhibit A Exhibit B • 1 •• 7 BS Rev. 11/30/16 MONTCLAIR RD "]97 00 N N Parcel MDR One Ar MHDR L MHDR ,gs L l rz .,95 MHDR 1 •193 2158 2164 1927 2170�G�V Parcel V : " 2176 [i. 9 Two �� z 2188 1911 D 0 0 SUNSET POINT RD 1 18 m MDR N C N N N N 0 'BBo ALBRIGHT DR 1g81 1875 18751876 1875 ZONING MAP Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property 0.72 0'72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR Exhibit B Ellen Crandall 100 South Myrtle Avenue Clearwater, FL 33756 727-5624836 ellen.crandall(a)myclearwater.com PROFESSIONAL EXPERIENCE Senior Planner, Long Range Planning Division City of Clearwater, Clearwater, Florida November 2016 to present Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Land Resource Specialist City of Clearwater, Clearwater, Florida February 2013 to November 2016 Duties include site plan review of commercial and residential site plans for compliance with the Tree Preservation and Erosion Control sections of the Land Development Code; Participate in weekly BPRC and monthly DRC meetings to communicate technical tree preservation details to staff, contractors, engineers, architects and the general public. Inspect sites prior to plan review. Inspect construction sites for erosion control and tree protection. Investigate and process citizen complaints and provide conflict resolution. Planner I, II City of Clearwater, Clearwater, Florida December 2009 to February 2013 Technical review and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. Assist public customers at the Zoning Counter. Review Building Permits, Sign Permits, Business Tax Receipts, and Landscape Plans as well as Comprehensive Sign Program Applications, and Flexible Standard Developments. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees, boards, and meetings. Community Planner Bradford County, Towanda, Pennsylvania January 2008 to May 2009 Coordinates with the 51 municipalities in Bradford County and assisted them in writing Comprehensive Plans, developing ordinances, and general public and municipal education on zoning, land use, and ordinances. Developed a comprehensive Zoning Lexicon for all municipalities with zoning ordinances and assisted mapping the natural gas wells as well as printing maps and parcel data for the gas companies. ■ Intern Pennsylvania Geologic Survey, Middletown, Pennsylvania May 2006 to September 2006 Scanned geologic maps, updated documents and assisted in general office tasks. EDUCATION Bachelor of Science, - Major: Geography, - Minor: Art, - Certificate: Geographic Information System SHIPPENSBURG UNIVERSITY, Shippensburg, Pennsylvania American Planning Association, Florida Chapter ISA, International Society of Arboriculture, Certified Arborist _ S 'lie w looking west, across Belcher fid, at the sulje ct parcel, 2231 Montclair load T.. _ ... a n View locking est at the subject pari 6 r ®..r�.il., Vie -v to the m -est View locking south, across Montclair Road, at the subject. parcel, 2251 Montclair Road N V ew looking soup from the subject parcel View lcoking north from the subject property, across Mont✓lar RoEd REZ'016-0800 5 1Vhontelair LaAe Townhomes LLC 2251 Montclair Ro id Page 1 View looking easUrly alon; Montclait Road View looking no-therly alcLg Belcher load View lookin-- westerly along MoLtclair Road View to looking soutierly along Belcher Road REZ2D16-09005 Montclair La -4.e Town sones LLC 2251 Montclair Road Page 2 LL g ° twater Case # REZ2016-08005 SIGN POSTING ACKNOWLEDGEMENT hereby acknowledge receipt of a public notice sign to post on property I own and/or represent that is being considered by the City of Clearwater for annexation, land use plan amendment and/or rezoning, and agree to post said sign on the subject property in a location where it is capable of being read from the most significant adjacent street a minimum of 10 days before the Community Development Board Meeting. Property Owner or Authorized Representative: �511-eyt 0 -in vid a 11 Prin ame Date a 0&'X� Sign Name Community Development Board Meeting Date: • March 21, 2017 City Council Public Hearing Dates: • April 20, 2017 (1St reading) • May 4, 2017 (2nd reading) The sign shall be posted on the property no later than: March 11, 2017 LEARWATER RIUM T AM REJ4L3'9' UL • BAY 1O BFA CH PLANNING & DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BOARD STAFF REPORT MEETING DATE: AGENDA ITEM: CASE: REQUEST: GENERAL DATA: Applicant ....................... Owner ............................ Location ........................ Property Size ...... Background: March 21, 2017 G.2. REZ2016-08005 To amend the Zoning Atlas designation from Preservation (P) to Medium High Density Residential (MHDR) District Northside Engineering, Inc. Montclair Lake Townhomes, LLC 2251 Montclair Road, portion of the property along the south side of Montclair Road approximately 770 feet west of North Belcher Road. 0.72 acres This case involves a 0.72 -acre portion of property located along the south side of Montclair Road approximately 770 feet west of North Belcher Road, addressed as 2155 Montclair Road. The property is owned by Montclair Lake Townhomes, LLC. Maps 1 and 2 show the general location of the property and an aerial view of the proposed amendment area. The request is to change the property's Zoning Atlas designation of Preservation (P) to Medium High Density Residential (MHDR). The applicant is also requesting to change the Future Land Use designation from Preservation (P) to Residential Medium (RM). (See LUP2016-08008). In 2013 the proposed amendment area, in combination with surrounding parcels totaling 23.75 acres, was annexed into the City. City Council approved a future land use change from Residential Urban (RU), Preservation (P) and Water to Residential Medium (RM), Preservation (P) and Water (LUP2013-04002) and a rezoning from RPD -7.5 to Medium High Density Residential (MHDR) and Preservation (P) (REZ2013- 04002). At that time the Preservation (P) designation line was adjusted based on a jurisdictional survey provided by the applicant, and current maps reflect that boundary. In 2016 the applicant applied for and received a permit from the Southwest Florida Water Management District (SWFWMD) to permanently fill 0.72 acres of the total existing 0.98 acres of wetlands on the property. This application is consistent with the SWFWMD permit. The owner has active building construction permits for the construction of Phase One of a townhome development (60 units) on the east side of the subject site. The approval of this LUP and corresponding REZ is needed before they can apply for PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION site work and building construction permits for Phase Two iadditio-ial 26 Lnitsl as conceptually presented to the City. PAtitSH L`R n i a n 3 A Q \ FER'!' -- PROJECT �tEkrusaa SITE cEcsuicW: - W � W __ Fill'!o (—� RL -- o W m C LE BD/D --� i X."DERBI LT DR -� 4 I LOCATION MAP I Map 1 Vicinity Characteristics: Nbp 2 Montclair Lake Townhomes LLC owns the overall site, inclusive of the proposed amendment area, which is bounded by Belcher Road and the north by Montclair Road. There a -e comme-cial uses to the east, across Belcher Road. Immediately adjacent to the west is a single family-Esidence (included in the 2013 cases). There are multi -family uses to the north along Montclair Roac. Community Development Board — March 21, 2017 REZ2016-08005 - Page 4 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Muth -Family Rssjdentlal.: i jow 10u mil Regi p � Active Assisted SingleN N Construction Uving Family y Site Multi family Facility Resident! 14 Residential r� a C ercial ' Retail Sales and Service e F ry?r r06 Residentl ro Ta RP q h SLWETHDNT h SingII �7d O nLBRtt,NTOR z Reai al $8 -7. EXISTING SURROUNDING USE MAP Currently, the abutting zoning districts are Medium High Density Residential (MHDR) to the north, south, east, and west, and Preservation (P) to the west and north. Properties across Montclair Road are zoned RPD.7.5 (Pinellas County). Community Development Board — March 21, 2017 REZ2016-08005 - Page 3 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION REVIEW CRITERIA: Consistency of Development with the Clearwater Comprehensive Plan and Community Development Code and Regulations [Sections 4-602.F.1] Recommended Findings of Fact: Applicable goals, objective, and policies of the Clearwater Comprehensive Plan which support the proposed amendment include: Policy A.1.1.1. Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the, City's Community Development Code. Policy A.1.1.3. Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Applicable section of the Community Development Code which supports the proposed amendment. Division 3. Medium High Density Residential District (MHDR) Section 2-401. Intent and Purpose. The intent and purpose of the Medium High Density Residential District ("MHDR") is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium high density while at the same time, allowing a careful and deliberate redevelopment and revitalization of such neighborhoods in need of revitalization or neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. In June of 2016 the Southwest Florida Water Management District (SWFWMD) approved Permit No. 721316 / 43034349.002 which approved the permanent filling impacts to 0.60 acres of wetland (0.35 acres ponds and 0.25 acres of upland cut ditches). In November of 2016 the SWFWMD permit underwent a Minor Modification under Permit No. 736457 / 43034349.003 which approves the addition of 0.12 acres of impact. Mitigation is not required, and the inclusion of this area brings the total area approved for permanent fill to 0.72 acres (the proposed amendment area). Further, the applicant's environmental consultant Armstrong Environmental Services, Inc. determined that no protected species exist on site and therefore would not be impacted. A copy of the environmental narrative from Armstrong Environmental Services, Inc. was provided to SWFWMD as part of the permit application and was provided within the application materials to the City. The subject sites were found to be poor quality wetlands by the applicant's environmental consultant and the proposed fill impacts have been approved through SWFWMD and found to have no negative impacts on protected species. The proposed Medium High Density Residential (MHDR) zoning district is compatible with the surrounding multi -family residential and single family residential uses, as well as with the Montclair Lakes Townhomes LLC multi -family development currently under construction (Phase One). The second phase is anticipated to be submitted pending approval of this application. Community Development Board — March 21, 2017 REZ2016-08005 - Page 4 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION The applicant indicated that the filling of the wetland and proposed rezoning will allow for a better site design for the whole multi -family project. The Community Development Code requires a vegetative buffer on all lands within 25 feet of any property designated on the Zoning Atlas as Preservation (P) or any property determined to be wetlands under the jurisdiction of the State of Florida. Currently, the majority of the western boundary of the development site is contiguous to Preservation (P) zoning and jurisdictional wetlands, and therefore requires a vegetative buffer that affects where the attached dwelling units can be placed. Subsequent to the permanent filling of the 0.72 acres of wetlands, as permitted by SWFWMD, the amendment areas would no longer be a jurisdictional wetland or other environmentally sensitive land, and therefore would not need to be zoned Preservation (P) on the Zoning Atlas, and a buffer would no longer be required. However, areas designated Preservation (P) on the parcel to the west of the site will remain and will still require buffering. In addition, the proposal does not degrade the level of service for public facilities below the adopted standards (a detailed public facilities analysis follows in this report). Recommended Conclusions of Law: The request does not conflict with the goals, objectives and policies of the Clearwater Comprehensive Plan and furthers said plan as indicated in the goals, objective and policies listed above. Compatibility with Surrounding Property/Character of the City & Neighborhood [Section 4-602.F.2, 4-602.F.3 and Section 4-602.F.41 Recommended Findings of Fact: A single family home lies to the west of the subject site. To the east, construction of 60 townhomes (Phase One) has started. Further to the east, across Belcher Road, are commercial uses. To the north along Montclair Road are multi -family uses, and to the south is Beckett Lake. The request is in conjunction with an approved SWFWMD permit allowing the permanent filling of the wetland areas, which, once filled, would no longer be consistent with the Preservation (P) zoning district. The amendment area is located at the eastern edge of the existing preservation area running north from Beckett Lake, and is on the western edge of the multifamily development currently under construction at the corner of Belcher Road and Montclair Road. The proposed Medium High Residential Density (MHDR) District primarily permits residential uses, such as attached and detached dwellings, along with community residential homes and assisted living facilities. The intent of the Medium High Density Residential (MHDR) District is to protect and preserve the integrity and value of existing, stable residential neighborhoods of medium density while at the same time, allowing a careful and deliberate redevelopment and revitalization of existing neighborhoods in need of revitalization of neighborhoods with unique amenities which create unique opportunities to increase property values and the overall attractiveness of the City. The proposed Medium High Residential Density (MHDR) District is consistent with the zoning designation of the remainder of the parcel, and will allow the development of additional townhomes as part of the same development. It will also continue the character and scale of development current found along Belcher and Montclair Roads. Recommended Conclusions of Law: The proposed Zoning Atlas designation is in character with the overall Zoning Atlas designations in the area. Further, the proposal is compatible and consistent with the uses and character of the surrounding properties and neighborhood in the vicinity of the subject property. Community Development Board — March 21, 2017 REZ2016-08005 - Page 5 of 8 PLANNING & DEVELOPMENT LANG RANGE PLANNING DIVISION Sufficiency of Public Facilities [Section 4-602.F.51 Recommended Findings of Fact: To assess the sufficiency of public facilities needed to support potential development on the property, the maximum development potential of the property under the present and requested City Future Land Use Map designations were analyzed (see Table 1). Even though this is a Zoning Atlas amendment application, maximum development potential is based on the underlying future land use, so for purposes of this analysis, sufficiency of public facilities is based on the Future Land Use Map designation. Table 1. Development Potential for Existing & Proposed FL UM Designations As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 DUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Community Development Board — March 21, 2017 REZ2016-08005 - Page 6 of 8 Present FLUM Requested FLUM Designation Designation Net Change «p„ «JuM„ Site Area 0.72 AC 0.72 AC (31,363 SF) (31,363 SF) Maximum . 0 DUs 10 DUs 10 DUs Development 3,136 SF 15,681 SF 12,545 SF Potential 0.10 FAR 0.50 FAR 0.40 FAR Abbreviations: FLUM — Future Land Use Map DUs — Dwelling Units AC — Acres FAR — Floor Area Ratio SF — Square feet Beds — 65 x 3 = 195 beds per unit As shown in the table, there is an increase in development potential across the amendment area which would affect public facilities as detailed further below. The following analysis compares the maximum potential development of the proposed Residential Medium (RM) land use developed with residential use (10 DUs) to the maximum development potential of the existing Preservation (P) future land use category (3,136 SF). Potable Water The additional development potential from this amendment would result in an increase in potable water use of 2,604 gallons per day. This is determined by taking the potential potable water utilization of the proposed land use (2,604 gallons per day) and subtracting the maximum development potential of the current land use designations (zero gallons per day). The City's current potable water demand is 11.4 million gallons per day. The City's adopted level of service (LOS) standard to potable water is 120 gallons per capita per day, while the actual usage is estimated to be 89 gallons per capita per day. Therefore, there is excess water capacity to serve the amendment area. Wastewater The amendment could result in additional generation of 2,343 gallon per day of wastewater. The subject property is served by the Northeast Water Pollution Control facility, which presently has excess capacity estimated to be 6.85 million gallons per day. Therefore, there is excess sanitary sewer capacity to serve the amendment area. Community Development Board — March 21, 2017 REZ2016-08005 - Page 6 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Solid Waste The amendment could result in an additional 25.3 tons per year of solid waste generated. All solid waste disposal is handled by Pinellas County at the Pinellas County Waste -to -Energy Plant and the Bridgeway Acres Sanitary Landfill which has significant capacity. Additionally, the City provides a full-service citywide recycling program which diverts waste from the landfill, helping to extend the life span of Bridgeway Acres. There is excess solid waste capacity to serve the amendment area. Parkland The City's adopted LOS for parkland acreage, which is 4 acres per 1,000 population, will not be impacted by this proposed amendment. Under both the existing and proposed land use, the LOS citywide will remain at 15.46 acres per 1,000 population. Stormwater The subject property is proposed to be included in the active multi -family redevelopment. SWFWMD permit did not require mitigation. The current development has an active building construction permit from the City of Clearwater and the storm water management system for the site will be required to meet all City and SWFWMD stormwater management criteria. Streets The subject property is generally located south of Montclair Road, west of Belcher Road, north of Sunset Point Road. The amendment could result in an additional 27 trips per day based on typical traffic impacts figure (trips per day per acre) in the Countywide Rules for the current and proposed land use category. The property has access to Montclair Road, a local road, which connects directly to Belcher Road, a six -lane, divided facility that is classified as a signalized arterial and maintained by Pinellas County. The intersection of Montclair Road and Belcher Road is signalized. The Pinellas County Metropolitan Planning Organization's (MPO's) 2016 Level of Service Report shows the level of service (LOS) for Belcher Road within the vicinity of the subject property is "C." This LOS determination is based on the 2015 average annual daily traffic (AADT) volume of 28,311. The volume -to - capacity ratio for this facility is 0.581. Therefore, this segment of Belcher Road is not a deficient roadway. The number of new daily or peak hour trips will be for the development project determined at the time of site plan review and impacts will be assessed under the City's Mobility Management System in the Community Development Code. However, there is adequate roadway capacity to accommodate the maximum anticipated new daily trips resulting from the amendment. Recommended Conclusions of Law: Based upon the findings of fact, it is determined that the proposed change will not result in the degradation of the existing levels of service for potable water, sanitary sewer, solid waste, parkland, and stormwater. Any required traffic mitigation will be determined at the time of site plan review. Location of District Boundaries [Section 4-602.F.61 Recommended Findings of Fact: The location of the proposed Medium High Density Residential (MHDR) District boundaries is consistent with the boundaries of the area of wetlands permitted for impact through the approved SWFWMD permit. The proposed Medium High Density Residential (MHDR) District is compatible with the multifamily residential north, south, and east, as well as on the remainder of the parcel. Community Development Board — March 21, 2017 REZ2016-08005 - Page 7 of 8 PLANNING & DEVELOPMENT LONG RANGE PLANNING DIVISION Recommended Conclusions of Law: The District boundaries are appropriately drawn in regard to the area being impacted and the SWFWMD permit. ' I , SUMMARY AND RECOMMENDATION: No amendment to the Zoning Atlas shall be recommended for approval or receive a final action of approval unless it complies with the standards contained in Section 4-602Y, Community Development Code. Table 2 below depicts the consistency of the proposed amendment with the standards as per Section 4-602.F: Table 2. Consistency with Community Development Code Standards Section , F.1 The proposed amendment is consistent with and features X the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of this Development Code and other city ordinances and actions designed to implement the plan. F.2 The available uses to which the property may be put are X appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. F.3 The amendment does not conflict with the needs and X character of the neighborhood and the city. F.4 The amendment will not adversely or unreasonably affect X the use of other property in the area. F.5 The amendment will not adversely burden public X facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. F.6 The district boundaries are appropriately drawn with due X regard to locations and classifications of streets, ownership lines, existing improvements and the natural environment. Based on the foregoing, the Planning and Development Department recommends the following action: Recommend APPROVAL of the request for Zoning Atlas amendment from Preservation (P) to Medium High Density Residential (MHDR) District. Prepared by Planning and Development Department Staff: zff Ellen Crandall Senior Planner ATTACHMENTS: Ordinance 8981-17 Resume Photographs of Site and Vicinity Community Development Board — March 21, 2017 REZ2016-08005 - Page 8 of 8 View looking wens across Belcher Rd, at ti subject parcel, 2251 Montclair Road View "ing vest al be subje:-- parcel View to d -e west I iew holcng saith, across Moitclax Road, at the subject parcel, 2251 Montclair Road view loo -ung south from the subject parcel View lock -ng -forth from the subject prnperty, across Montclair Road LUP2016-08008 Montcla_r Lake Townheme3 LLC 2251 Montclair Road Page 1 View looking easterly aio-ig Montclair Road View looting nortterly F-lcng Belcher Road View b•)kirg vuesteni_v along Montclair Road Jiew tc looking southerly along Belcher Road LUP2016-08008 MontclEir Lake Townhomes LLC 2251 Montclair Rcad Page 2 H 'Y( � View looking easterly aio-ig Montclair Road View looting nortterly F-lcng Belcher Road View b•)kirg vuesteni_v along Montclair Road Jiew tc looking southerly along Belcher Road LUP2016-08008 MontclEir Lake Townhomes LLC 2251 Montclair Rcad Page 2 Land Use Plan and Zoning Atlas Amendment Map Request Planner Name: Ellen Crandall Case Number: LUP2016-08008, REZ2016-08005 Date Request Submitted: 11/29/16 Date Requested for: 12/13/16 Maps Requested ® Location Map ® Aerial Photograph ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" PDF Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description (warranty deed or survey) - to be hand delivered Map with Proposed Site Highlighted ® EDR - no hard copies submitted - all submission material is accessible through Accela Location Language (for Ordinance Title) Location: 0.72 acre portion of a property locatethe south oftnfclair Road approximately 770 feet west of N Belcher Road. PROVIDED LEGAL DESCRIPTION VERIFIED BY: 15J Thoma Ma-ho—ny. PsAh. Ge ra Techndloq4 Manager MAP NAME Owner(s): Montclair Lake Townhomes, LLC Case: REZ2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR Land Use Plan and Zoning Atlas Amendment Map Request Planner Name: Ellen Crandall Case Number: LUP2016-08008, REZ2016-08005 Date Request Submitted: 11/29/16 Date Requested for: 12/13/16 Maps Requested ® Location Map ® Aerial Photograph ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" PDF Map (for Newspaper) Required Documents to be submitted to Engineering ® Legal Description (warranty deed or survey) - to be hand delivered ® Map with Proposed Site Highlighted ® EDR - no hard copies submitted - all submission material is accessible through Accela Location Language (for Ordinance Title) Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. PROVIDED LEGAL DESCRIPTION VERIFIED BY: Thomas Mahonv.PSM GeoaraDhic Technoloav Manager MAP NAME Owner(s): Montclair Lake Townhomes, LLC Case: LUP2016-08008 R EZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.72 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P Atlas Page: 254A To: RM MHDR Crandall, Ellen From: Crandall, Ellen Sent: Thursday, December 29, 2016 12:41 PM To: 'Housh Govahee'; 'sandy@northsideengineering.net' Cc: Matzke, Lauren Subject: Development Review Committee Comments for 2251 Montclair Road LUP2016-08008 and REZ2016-08005 Attachments: DRC —Comments _LUP2016-08008 2251 Montclair Rd122916.pdf; DRC_Comments_REZ2016-080052251 Montclair Rd__122916.pdf Good afternoon, Attached are PDF comments for LUP2016-08008 and REZ2016-08005 for 2251 Montclair Road. These cases will be discussed at the Development Review Committee on Thursday January 5, 2017. You will be contacted by Sherry Watkins with the specific meeting time(s). Please be aware that both applications must be updated with the required corrections or clarifications and submitted as 10 hardcopies and one digital copy on a CD no later than 12noon on Tuesday January 17, 2017 in order to move forward to the Community Development Board (which is scheduled as February 21, 2017). If you have any questions please feel free to contact me. Ella Crandall Senior Planner, Long Range Planning Division Planning & Development Department, City of Clearwater PH: 727.562.4836 1 FAX: 727.562.4735 E: Ellen.Crandall@mvclearwater.com •°'n war �� CITY OF CLEARWATER PLANNING & DEVEIOPrIEtvi IiEPAItTME�'T POST OFFICE Box 4748, CLEARWATEI2, FLoizmA 3375748 O y`g15 MUNICIPAL SExvxms Buiim i, 100 SOUTH MYRTLE AvE.NUE, CLEAR A7'ER, FLORIDA 337.56 TELEPHONE (727) 5624567 FAX (.727) 5624865 #Error Case REZ2016-08005 — 2251 MONTCLAIR RD Owner(s):. Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: Gus@digiovannihomes Representati Housh Ghovaee vie: 300 S Belcher Road Clearwater, FL 33765 PHONE: 7277090943, Fax: 7274468036, Email: Housh@northsideengineering.Net; Sandy@northsideengineering. Net Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning Medium High Density Residential Request: This case involves a request to amend the Zoning Atlas designation of a 0.72 acre portion of a property from Preservation (P) to Medium High Density Residential (MHDR). Proposed Attached Dwellings Use: Neighborho College Park od Association (s): Presenter: Ellen Crandall, Senior Planner The DRC reviewed this application with the following comments: Planning Review The Future Land Use designation to the south is Water not Preservation. Prior to CDB submittal correct FLU on site plan. **SEE PAGE 5 ON DOCUMENT. Planning Review The Zoning district to the west is Preservation (P). The adjacent property to the east is the Medium High Density Residential (MHDR). Please note: the subject site is the tracts of wetlands not the upland town home development. **SEE PAGE 14 ON DOCUMENT. Planning Review In the response to the Zoning Atlas Amendment Criteria the proposed change is stated as increasing the allowable density of the property by 14 dwelling units. This in factually incorrect. At 15 dwelling units per acre for 0.72 acres will increase the density by ten (10) units. Prior to CDB submittal correct all instances of increased dwelling unit numbers. **SEE PAGE 22 ON DOCUMENT. 12/29/2016 "EQUAL EMPLOYMT AND AFF NIATIvE ACTION ENIP101TY DRC—Comments Planning Review The property immediately to the west is Preservation, further to west from 12/29/2016 2 DRC—Comments " EQuAL EMPLOYMENT AND AmmiAnw Y110N ENipimTR° that is MHDR, further to the west is Medium Density Residential (MDR) and then even further to the west is LMDR. Address the adjacent zoning districts. **SEE PAGE 26 ON DOCUMENT. Planning Review The amendment does increase density and therefore development potential on the site. What is states as a response is not entirely accurate. Responses should address the utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Revise prior to CDB submittal. **SEE PAGE 26 ON DOCUMENT. Planning Review In the response to the Zoning Atlas Amendment Criteria a development of eighty six (86) units is referenced. The subject site currently has active building permits for phase one with 60 dwelling units. A phase two of 26 is referenced however it is not permitted nor approved. This application will in fact allow for phase two with additional dwelling units which have not been approved. A development of 86 dwelling units has not been approved. Prior to CDB correct the statements referring to approved development of dwelling units. **SEE PAGE 26 ON DOCUMENT. Planning Review Through the Zoning Atlas Amendment Process the maximum development potential for the proposed zoning district is reviewed. Stating that the site will be developed with a set number of townhouses and will not utilize the full development potential of the proposed land use change is not legally binding or enforceable. This process is not a development agreement or approved site plan for construction. Limiting or approving the development of eighty six townhouses is not part of this application nor is it justification of the proposed Zoning District change **SEE PAGE 26 ON DOCUMENT. Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 28 ON DOCUMENT. Planning Review The Future Land Use designation of the property to the south is Water not Preservation. **SEE PAGE 28 ON DOCUMENT. Planning Review This comment from previous reviews(8/23/16) was not addressed. Portions of the parcel adjacent to the north and west also contain areas designates as Preservation on the City's Zoning Atlas and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted under the SWFWMD permit. Please explain how this will not adversely affect the area designed Preservation. Prior to CDB submittal clarify how the adjacent areas to remain Preservation will be protected. **SEE PAGE 22 ON DOCUMENT. Planning Review In the Zoning Atlas Amendment Criteria an improved site plan is referenced. Clearly detail and describe the improved site plan that this proposal will allow. **SEE PAGE 23 ON DOCUMENT. 12/29/2016 2 DRC—Comments " EQuAL EMPLOYMENT AND AmmiAnw Y110N ENipimTR° vow y `��gWATEpr•� ITY OF CLEARWATER ti o PLANNgNG & DEvaopmEw DI;RARTMENC POST OFFICE BOX 4745, CLEARIX'ATER, FLORIDA 33758.4748 Determination of Completeness MUNICIPAL SERVICES BuiwING, 100 Sotrm MYRTLE AvENuE, CLEARWATER, FLORIDA 08/05/2016 33756 Engineering Review Tr:LEPxoNE (727) 562-4567 FAX (727) 562-4865 #Error Simpson Case number: REZ2016-08005 -- 2251 MONTCLAIR RD Owner(s): Montclair Lake Townhomes Llc Environmental Review 175 Bayside Dr 08/19/2016 Clearwater, FL 33767-2502 Parks and Rec Review PHONE: (727) 797-8972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes Traffic Eng Review 175 Bayside Dr 08/22/2016 Clearwater, FL 33767-2502 Planning Review PHONE: (727) 797-8972, Fax: No fax, Email: Gus@digiovannihomes Location: 0.98 acre portion of a property located on the south side of Montclair Road Stormwater Review approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning District: Medium High Density Residential Request: This case involves a request to amend the Zoning Atlas designation of a 0.98 acre portion of a property from Preservation (P) to Medium High Density Residential (MHDR). Proposed Use: Attached Dwellings Neighborhood Association(s): Clearwater Neighborhood Coalition College Park Presenter: Lauren Matzke, Long Range Planning Manager Workflow: Review Name Task Status Status Date Last Name Determination of Completeness Complete 08/05/2016 Matzke Engineering Review Comments 08/12/2016 Simpson Solid Waste Review No Comments 08/15/2016 Pryor Environmental Review No Comments 08/19/2016 Kessler Parks and Rec Review No Comments 08/22/2016 Reid Traffic Eng Review No Comments 08/22/2016 Elbo Planning Review Comments 08/24/2016 Matzke Stormwater Review No Comments 08/24/2016 Bawany 8/25/2016 22 "EQUAL ENIPLOYMENT AND _AFFIRMAiivF A.IT10N Empi.oYF.R° DRC_ActionAgenda CITY OF CLEARWATER PLANNING & DEVELOPMENT DEPARTMENT POST pOFFICE Box 4748, CLEARWATER, FLoRmA 33758-4748 MUNICIPAL SEANCES /JUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 'tet° ;vin ThT.hrHONE (727) 562-4567 FAX (727) 562-4865 The DRC reviewed this application with the following comments: Engineering Review No Engineering comments at this time. All Engineering Comments were handled with BCP2015-09655. **SEE PAGE 0 ON DOCUMENT. Planning Review 1. Legal Description: A site plan is not included with this application. This should be clarified to reflect what is actually part of the application. 2. Request: This is not clear. Is the request to rezone the entire subject area as MHDR or will there be a portion of Preservation District remaining? Request conflicts with the information on page 2 of application. **SEE PAGE 0 ON DOCUMENT. Planning Review 1. Requested Zoning District: Confirm request as information on this page conflicts with information on page 1 of application. 2. Zoning Districts for Adjacent Properties: RM and RU are not zoning districts (listed as being north of the subject area). HDR is not south of the property. LMDR is not east of the property, and RL is not a zoning district. LMDR is not immediately west of the property. Correct all fields for resubmittal. **SEE PAGE 1 ON DOCUMENT. Planning Review 1. Consistency with Comp Plan and Furthers Purpose of Community Development Code: Response does not demonstrate how amending this to MHDR is consistent with the comprehensive plan. Response should include appropriate goals, objectives and/or policies that show this is consistent. The surrounding use is not LMDR. Response should address the purpose of the requested zoning district and state how the amendment furthers the purpose. Revise for resubmittal. Planning Review Planning Review 2. Available Uses: Response is unclear. There are several zoning districts in the area, with LMDR being further west. Response should discuss how this is consistent with the rest of the site, as well as the uses in the immediate vicinity. Clarify in resubmittal. 3. Needs and Character of Neighborhood: Response to standard is not clear. There are multiple zoning districts and developments in the area so response should address more clearly. Clarify and correct typos. 4. District Boundaries: There is not a site plan attached. Revise. **SEE PAGE 3 ON DOCUMENT. Table One: Project Wetland and Other Surface Water Summary states 0.75 acres of wetland impacts, but the requested amendment is for 0.98 acres. Clarify the discrepancy. "SEEPAGE 180N DOCUMENT. SWFWMD Permit: Application only includes approval notice from SWFWMD. The permit also needs to be provided. Include in resubmittal. **SEE PAGE 19 ON DOCUMENT. 8/25/2016 23 DRC_ActionAgenda "EQUAL 59LONN4FNT AND AFFIRRi4AMT Y.110N 51PLOYF.R° November 28, 2016 Housh Ghovaee Northside. Engineering, Inc. 300 South, Belcher Road Clearwater, FL 13765 City of' Clearwater Cleanwiter Planning &- Development, Post Office Box 474.8, Clearwater, Florida 33758-4748 100 South Myrdc Avenue, Clearwater, Florida 33756 "reliephone (727) 562-4567 Fax 4727}'562-4865 RE: Case #LUP2016-08008 and REZ201.6-08005 Parcel'#06-.29-16-00000-230-0200 Dear.Mr. Ghovaee; The City of Clearwater Planning & Development Department has reviewed the, above referenced resubmitted applications for Future, Land, Use Map and Zoning: Atlas amendments:: The applications being reviewed address Comments previously provided and therefore "the assigned case numbers will -remain the same as the original number. After a preliminary review of the resubmitted documents, staff determined that the applications ications are complete. You can track the progress offthe cases online via the, following. link: ,www.myclearwater.com/tt)etmi..ts. The following review schedule is tentatively established for the applications. Should there be a change to .a meeting time or location, the City will contact you immediately. The owner or owner's agent is required to: attend the Development Review Committee; Community Development Board, and City Council meetings. The case will be forwarded to the Community Development Board :upon being deemed sufficient by the City. January 5, 2017 Development Review Committee 'Meeting Time TBD* Municipal Services Building, 2,d Floor Planning & Development Department, Conference Roo.m.216 100 S. Myrtle Avenue, Clearwater,, FL *Please call Sherry Watkins at 727.362.4582 no earlier,' than one week prior to the-meetingfor the approximate time of the case review. February 21, 2017 Community Development Board Meeting 1 -.00 !PM City Hall Council Chambers,, 3" Floor 112 S. Osceola Avenue, Clearwater, FL Gkorr N- cvet&OS, ma)w Dmeen caudelc��memWr 1011Esau, Cowc1humber Lit B& candat counc*bember 0 "a Hunlatum Councffiumber tax quai RmrAaymni uW Affirmat1w Aram ,�Vloyee March 16,2017 City Council Public Hearing (first reading) 6:00 PM City Ball Council Chambers, 3rd Floor 11.2 S. Osceola Avenue, Clearwater, FL April 6, 2017 City Council Public Hearing (second reading) 6-00 PM City Hall Council I Charnbers, P Floor 112 S. Osceola Avenue, Clearwater i Fl, Please contact me at 727-562-4836or elien.crandal.]@myclearwdter.com if you have any questions. Sineerely; Ellen Crandall Senior. Planner, Long Range Planning Division November 3, 2016 Roush Ghovaee Northside Engineering, Inc. 300 South Belcher Road Clearwater, FL 33765 City of Clearwater Clearwa(er Nanning & Development, Pest O icc t1ox 4748, Clearwater, Florida 33758a474ki 100 South Myrtle .Avenue, Cleamater, Florida 33756 Telephone (727) 562-4.567 l`ax (727) 562-4865 RE: Case itLUP2016-08008 and REZ2016-08005 Parcel #06-29-16-00000-230-0200 Dear Mr. Ghovaee: The City of Clearwater Planning & Development Department has reviewed the above referenced resubmitted applications for Comprehensive Plan Amendment, LUP2016-08008 and Zoning Atlas Amendment, REZ2016-08005. The applications are being reviewed to address comments previously provided and therefore the assigned case number will remain the same as the original numbers. After a preliminary review of the submitted documents, staff determined that the applications are Incomplete. The fallowing items and/or information are required in order to make your applications Complete and remain on track for the December 1, 2016, Development Review Committee meeting: 1. Applications, page 1, please provide an accurate written project description. 2. Applications, page 2, please provide the accurate acreage of disturbance (0.72 acres) consistent with the Southwest Florida Water Management District (SWFWMD) letter dated November 1, 2016, approving amendments to Permit No. 43034349.002, where an additional 0.12 acres of Wetland #1 may be filled. 3. Applications, page 4, please revise written responses to criteria consistent with the revised acreage. 4. Armstrong Environmental Services, Inc. reports dated November 1, 2016, references the wrong acreage amounts related to the wrong wetland areas and is not consistent with the SWFWMD approval. 5. Surveys, Wetland #2, please provide accurate survey and legal description consistent with the SWFWMD approval of filling 0.35 acres of the 0.60 acres of Wetland #2 and retaining 0.25 acres as wetland area. Section 4-202(C) of the Community Development Code states that if an application is deemed incomplete, the deficiencies of the application shall be specified by Staff. No further Gevr®K Crvtdd®a Wsym 1),xeen C82ML caux1finember Bill f W wq. courx9ornttxr fk.Iki)Cuwl[lf;Cocwl dreemlwt a )*.*tiunrWMCadmlltiaanbeT *Y4=lami At'<irn�'.t .+,f (3t'S4 Fxv epee development review action shall be taken until the deficiencies are corrected and the application is deemed complete. Please resubmit the above information, electronically, by Thursday, November 10, 2016, at NOOK in order to keep this application on schedule for the December 1, 2016, Development Review Committee meeting. When you resubmit please make sure that it includes one (1) complete set of plans and application materials as required which shall be submitted digitally combined into one single PDF file and placed on a CD/DVD/IJSB Drive. Please contact me at 727-562-4547 or lauren.matzke@myclearwater.com if you have any questions. Sincerely, UAM-,"� Lauren Matzke, AICP Long Range Planning Manager � 4'�� W ITY OF CLEARWATER PLANNING & DEVELOPME:\T DEPARTMENT POST OFFICE BOX 4748, CLEARVIATER, FLORIDA 33758-4748 MUNICIPAL SERVICES Buimwc,, 100 SOUTH MYRTLE AVENUE, CLWWATER, FLORIDA 33756 Th7.F.PHONE (727) 562-4567 FAX (727) 562-.4865 10:50 AM Case number: LUP2016-08008 -- 2251 MONTCLAIR RD Owner(s): Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: No email Applicant: Representative: Location: Atlas Page: Zoning District: Request: Proposed Use: Neighborhood Association(s): Presenter: 9/1/2016 Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: Gus@digiovannihomes Housh Ghovaee Northside Engineering 300 S Belcher Road Clearwater, FL 33765 PHONE: (727) 709-0943, Fax: (727) 446-8036, Email: Housh@northsideengineering.Net; Sandy@northsideengineering. Net 0.98 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. 254A Medium High Density Residential This case involves a request to amend the Future Land Use Map designation of a 0.98 acre portion of a property from Preservation (P) to Residential Medium (RM). Clearwater Neighborhood Coalition College Park Lauren Matzke, Long Range Planning Manager 15 DRC_ActionAgenda "EQUAL EMPLOYMENT AND AFFIR CATNE AcnOn' BIPLO'Y'ER° CITY OF CLEARWATER r1 ` N PLANtiNG & DFwLOPMENT DEPARTMENT POT OFFICE Box 4748, CLEARWATER, FLORIDA 3375cg 4748 `^ `T4 s►iEo,4�S��, MUNICIPAL SERvcCES Buu.DwG, 100 SouTx Mi-RTLE AVENuE, CLEARwATER, FLORIDA 33756 Tiu-THONF. (727) 5624567 FAX (727) 562-4865 Workflow: Review Name Task Status Status Date Last Name Determination of Completeness Complete 08/05/2016 Matzke Solid Waste Review No Comments 08/15/2016 Pryor Environmental Review Comments 08/19/2016 Kessler Traffic Eng Review No Comments 08/22/2016 Elbo Engineering Review Comments 08/22/2016 Simpson Parks and Rec Review No Comments 08/22/2016 Reid Stormwater Review No Comments 08/24/2016 Bawany Planning Review Comments 08/24/2016 Matzke Land Resource Review No Comments 08/25/2016 Anderson Fire Review No Review Required 08/28/2016 Schultz The DRC reviewed this application with the following comments: Engineering Review Comments were included with BCP2015-09655. Environmental Review Prior to issuance of site building permit: Provide assurance that fill or other development activities will not impact Preservation areas beyond the property line. **SEE PAGE 7 ON DOCUMENT. Environmental Review Prior to CDB: Table 1 states 0.75 acres of wetland impacts, but the requested amendment is for 0.98 acres. Please clarify the discrepancy. **SEE PAGE 18 ON DOCUMENT. Planning Review 1. Legal Description: A site plan is not included with this application. This should be clarified to reflect what is actually part of the application. 2. Description of Text Amendment: There is not a companion text amendment with this application, so this field should be either left blank or state Not Applicable. Correct when resubmitted. **SEE PAGE 0 ON DOCUMENT. Planning Review 3. Address of Subject Property: The Road is not Montclair Lake Road. Correct when resubmitted. **SEE PAGE 0 ON DOCUMENT. 9/1/2016 16 DRC ActionAgenda "EQUAL EMPLOYNIENT AND AFFIRhLAM E ACTION EMPLOYER" CITY OF CLEARWATER PLANNING & DEvaopO mENT DEPARTMENT POST OFFICE BOX 4743CLEARWATER, FLoRmA 33758-4748 �4 q0�!� MumCIP.AL SERVICES BUILDING, 100 SO'uni MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TEI.EPFIONE (727) 562-4567 FAX (727) 5624365 Planning Review 1. Future Land Use Plan Designation: The present FLU Designation is Preservation, not Preserve and Residential is misspelled under Requested. Please correct for resubmittal 2. FLU Designations for Surrounding Properties: C and HDR are not future land use categories (listed as being South of the subject area). RL is not immediately east of the subject area and LMDR is zoning, not future land use. Correct all fields for resubmittal. **SEE PAGE 1 ON DOCUMENT. Planning Review 1. Consistency with Comp Plan: Response does not demonstrate how amending this to Residential Medium is consistent with the comprehensive plan. Response should include appropriate goals, objectives and/or policies that show this is consistent. Please revise for resubmittal. 2. Not inconsistent with Comp Plan: Without more information in item 1, it is not sufficient to restate the standard. 3. Compatible with Existing and Planned Uses in Area: Response does not state what is in the area. Please elaborate to include what is approved or under construction on the rest of the site and also what is in the vicinity on Montclair and Belcher Roads. Revise for resubmittal. 4. Sufficient Public Facilities: The amendment does increase density and therefore development potential on the site. What is stated as a response is not entirely accurate. Design is not necessarily applicable to the standard. Response should address utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Revise for resubmittal. 5. Adverse Impacts: Please elaborate on how the amendment is in harmony with surrounding uses. Elaboration on Item 3 may assist with this response also. How does this allow for a better design and how does that help meet the standard? Revise for resubmittal. **SEE PAGE 3 ON DOCUMENT. Planning Review 6. Natural Environment: Portions of the parcel adjacent to the north also contain areas designated as Preservation on the City's Future Land Use Map and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted under the SWFWMD permit. Please explain how this will not adversely affect the area designated Preservation located on parcel 06-29-16-00000-230-0100 (shared property line). **SEE PAGE 3 ON DOCUMENT. Planning Review SWFWMD Permit: Application only includes approval notice from SWFWMD. The permit also needs to be provided. Include in resubmittal. **SEE PAGE 19 ON DOCUMENT. 9/1/2016 17 DRC ActionAgenda TQUAL EMPLONMENT AND AFFfRbltAm AcnON EMPLOYER" Workflow: Review Name CITY OF CLEARWATER Status Date PLANNING & DEVELOPMENT DEPARTMENT `� �•� 4 POST OFFICE BOR 4748, CLEARWATER, FLoRmA 33758-4748 INA1`4� MUNICIPAL SERVICES BUILDING, 100 SouTH MYRTLE AvENuE, CLEARWATER, FLoRmA 33756 ..a,[rir TFI.F.PHONF. (727) 562-4567 FAX (727) 7624865 10:50 AM Simpson Case number: REZ2016-08005 — 2251 MONTCLAIR RD Owner(s): Montclair Lake Townhomes Lic Environmental Review 175 Bayside Dr 08/19/2016 Clearwater, FL 33767-2502 Parks and Rec Review PHONE: (727) 797-8972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes Traffic Eng Review 175 Bayside Dr 08/22/2016 Clearwater, FL 33767-2502 Planning Review PHONE: (727) 797-8972, Fax: No fax, Email: Gus@digiovannihomes Location: 0.98 acre portion of a property located on the south side of Montclair Road Stormwater Review approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning District: Medium High Density Residential Request: This case involves a request to amend the Zoning Atlas designation of a 0.98 acre portion of a property from Preservation (P) to Medium High Density Residential (MHDR). Proposed Use: Attached Dwellings Neighborhood Association(s): Clearwater Neighborhood Coalition College Park Presenter: Lauren Matzke, Long Range Planning Manager Workflow: Review Name Task Status Status Date Last Name Determination of Completeness Complete 08/05/2016 Matzke Engineering Review Comments 08/12/2016 Simpson Solid Waste Review No Comments 08/15/2016 Pryor Environmental Review No Comments 08/19/2016 Kessler Parks and Rec Review No Comments 08/22/2016 Reid Traffic Eng Review No Comments 08/22/2016 Elbo Planning Review Comments 08/24/2016 Matzke Stormwater Review No Comments 08/24/2016 Bawany Fire Review No Review Required 08/28/2016 Schultz 9/1/2016 18 DRC_ActionAgenda "EQUAL 51PLOYMENT AND AfflRMATNE AcnON EMPLOYER" ss*`�RWATFp' �. 44v,,ITY OF CLEARWATER k Cs��'-�"'=' ' o PLANNING & DLA-ELoPMENr DEPARTMENT "t,`' == ��• PosT OEFIcE Box 4748, CIEARwATER, FLoRmA 337584748 Mumctev. SERN'ICEs Bcn mNc,, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 �stx TF7.EPHONE 727) 5624567 FAX (7/27) 562-4665 The DRC reviewed this application with the following comments: Engineering Review No Engineering comments at this time. All Engineering Comments were handled with BCP2015-09655. **SEE PAGE 0 ON DOCUMENT. Planning Review 1. Legal Description: A site plan is not included with this application. This should be clarified to reflect what is actually part of the application. 2. Request: This is not clear. Is the request to rezone the entire subject area as MHDR or will there be a portion of Preservation District remaining? Request conflicts with the information on page 2 of application. **SEE PAGE 0 ON DOCUMENT. Planning Review 1. Requested Zoning District: Confirm request as information on this page conflicts with information on page 1 of application. 2. Zoning Districts for Adjacent Properties: RM and RU are not zoning districts (listed as being north of the subject area). HDR is not south of the property. LMDR is not east of the property, and RL is not a zoning district. LMDR is not immediately west of the property. Correct all fields for resubmittal. **SEE PAGE 1 ON DOCUMENT. Planning Review 1. Consistency with Comp Plan and Furthers Purpose of Community Development Code: Response does not demonstrate how amending this to MHDR is consistent with the comprehensive plan. Response should include appropriate goals, objectives and/or policies that show this is consistent. The surrounding use is not LMDR. Response should address the purpose of the requested zoning district and state how the amendment furthers the purpose. Revise for resubmittal. 2. Available Uses: Response is unclear. There are several zoning districts in the area, with LMDR being further west. Response should discuss how this is consistent with the rest of the site, as well as the uses in the immediate vicinity. Clarify in resubmittal. 3. Needs and Character of Neighborhood: Response to standard is not clear. There are multiple zoning districts and developments in the area so response should address more clearly. Clarify and correct typos. 4. District Boundaries: There is not a site plan attached. Revise. **SEE PAGE 3 ON DOCUMENT. Planning Review Table One: Project Wetland and Other Surface Water Summary states 0.75 acres of wetland impacts, but the requested amendment is for 0.98 acres. Clarify the discrepancy. **SEE PAGE 18 ON DOCUMENT. Planning Review SWFWMD Permit: Application only includes approval notice from SWFWMD. The permit also needs to be provided. Include in resubmittal. **SEE PAGE 19 ON DOCUMENT. 9/1/2016 19 "EQUAL EMPLOANENT AND AFFIRNiAm AcnON EMPLOYER" DRC_ActionAgenda Land Use Plan and Zoning Atlas Amendment Map Request Planner Name: Lauren Matzke Case Number: LUP2016-08008, REZ2016-08005 Date Request Submitted: 8/10/2016 Date Requested for: 8/29/2016 Maps Requested ® Location Map ® Aerial Photograph ® Future Land Use Map ® Zoning Map ® Existing Surrounding Uses Map ® 2" x 2" PDF Map (for Newspaper) gineering Required Documents to be submitterurvey) ® Legal Description (warranty deed or- to be hand delivered ® Map with Proposed Site Highlighted ® EDR - no hard copies submitted - all submission material is accessible through Accela Location Language (for Ordinance Title) Location: 0.98 acre portion of a property locat the s it sid of Montclair Road approximately 770 feet west of N Belcher Roa ,r I PROVIDED LEGAL DESCRIPTION VERIFIED BY: �4 Thom isvMahon)f-PSW'GeQaraphjc fechnoloov Manager MAP NAME Owner(s): Montclair Lake Townhomes, LLC I Case: LUP2016-08008 REZ2016-08005 Site: 2251 Montclair Road Property Size(Acres): 0.98 Land Use Zoning PIN: 06-29-16-00000-230-0200 From: P P � Atlas Page: i 254A To: RM MHDR Sketch of Wetlands One (1) &Two (2) Page 6 of 8 z:\2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx SKETCH & DESCRIPTION 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION :CT NO. 1 15001.01 SING# 1 15001.01-1-1 `SUNGOAST LAM &%EMG, Nc. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 rB 4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SLSURVMTAMPABAY.RR.COM, SHEET 1 SURVEYOR'S CERTIFICATE I hereby certify that the SURVEY Depicted hereon was prepared under my RESPONSIBLE CHARGE onthe dote(s) shown, and meets the STANDARDS OF PRACTICE set forth by the FLORIDA BOARD OF PROFESSIONAL SURVEYOR ANP MAPPERS in Chapter 5J-17, FLORIDA ADMINISTRKnVE COD pursuant,, to Section 472.027, FLORIDA STATUT€S. ,5 ' 6-30-16 JOHN J. BE DATE PROFESSIONAL S&kYOR and MAPPER .#7004• SKETCH & DESCRIPTION Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89"55'57"E., for 413.73 feet; thence S.00`03'30"W., for 75.55 feet to the Point of Beginning; thence S.70`02'49"E., for 6.96 feet; thence S.62"17'32"E., for 21.53 feet; thence N.44`14'46"E., for 19.35 feet; thence S.61 `15'18"E., for 18.69 feet; thence S.14"44'56"E., for 33.15 feet; thence S.06`12'26"E., for 31.91 feet; thence S.17`09'40"E., for 40.40 feet; thence S.04`06'01 "W., for 53.01 feet; thence S.21 "24'37"E., for 51.42 feet; thence S.33'29'26"E., for 34.23 feet; thence S.68`02'38"W., for 26.83 feet; thence S.32"52'44"W., for 12.93 feet; thence S.49"10'06"E., for 27.53 feet; thence N.89°27'29"W., for 35.95 feet; thence N.50`15'05"W., for 55.39 feet; thence N.03°18'08"E., for 48.26 feet; thence N.17"37'36"E., for 46.40 feet; thence N.16`05'22"W., for 35.00 feet; thence N.18"24'52"W., for 35.27 feet; thence N.24`16'02"W., for 17.18 feet; thence N.18`04'04"W., for 39.98 feet; thence N.58`27'19"W., for 53.27 feet; thence N.08"42'15"W., for 19.76 feet; thence S.67`55'15"E., for 18.01 feet; thence S.70°02'49"E., for 33.63 feet to the Point of Beginning. Containing 0.37 acres, more or less. SKETCH & LEGAL DESCRIPTION MAST LM SUS'* -MQ IVC. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB Am BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SMVEYOTAMPABAY.RR.COM SHEET 2 SKETCH (.7C,, DESC N.89'55'57"E. 413.73' % NORTH LINE OF SW 1/4 OF - NW 1/4 OF SECT. 6-T29S-R16E P.O.C. NW COR. OF SW 1/4 OF NW 1/4 OF SECT. 6-T29S-R16E RIPTION L-3 P.O.B._ N.00'29'53"E. - 74.49' L-24 L-23 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. z 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE 0 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. > 4. THIS IS NOT A BOUNDARY SURVEY. it `MMAST LAND SLRVEYM INC DATE 111 FOREST LAKES BOULEVARD CHK OLDSMAR, FLORIDA 34677 FIELC LB 4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT BK. /I PH: (813) 854-1342 a SURVMTAMPABAY.RR.COM SLIR\, L-22 0 -S.02'21'38"E. 48.07' LINE TABLE LINE BEARING DISTANCE L-1 S.16'29'05"E. 46.95' L-2 S.0317'47"W. 223.24' L-3 S.15'25'31"W. 8.21' L-4 S.88'06'30"E. 7.83' L-5 S.25'04'30"E. 4.89' L-6 S.25'04'30"E. 36.22' L-7 S.10'19'51 "E. 21.80' L-8 S.31'44'02"W. 38.92' L-9 S.20'45'55"E. 18.59' L-10 S.51 *32'24"E. 14.78' L-11 S.35'54'45"E. 34.83' L-12 S.14'52'00"E. 27.95' L-13 S.09'09'22"E. 29.85' L-14 S.12'00'31 "W. 32.97' L-15 S.49'41'39"W. 19.35' L-16 N.80'24'49"W. 22.76' L-17 N.01'54'27"W. 34.85' L-18 N.06'22'21 "W. 39.19' L-19 N15'43'04"W. 43.56' L-20 S.27'37'11 "W. 25.75' L-21 S.43'33'47"W. 12.41' L-22 S.46'47'14"W. 6.14' L-23 N.04 -59'55"W. 4.77' L-24 N.18'43'14"E. RIPTION L-3 P.O.B._ N.00'29'53"E. - 74.49' L-24 L-23 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. z 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VAUD WITHOUT THE SIGNATURE AND THE 0 ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. > 4. THIS IS NOT A BOUNDARY SURVEY. it `MMAST LAND SLRVEYM INC DATE 111 FOREST LAKES BOULEVARD CHK OLDSMAR, FLORIDA 34677 FIELC LB 4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT BK. /I PH: (813) 854-1342 a SURVMTAMPABAY.RR.COM SLIR\, L-22 0 -S.02'21'38"E. 48.07' SKETCH & LEGAL SURWYOR'S CE_PT.IFICATE DESCRIPTION I hereby certify that the,SURVEY'jdepisteo hereon was prepared under my RESPONSIBLE LHARGET nn tho dates) shown, and meets the STANDKP,'J$ GF PRACTICE' getffoprth by the FLORIDA BOARD OF PSOF SSICNAL GURVU0RS A.M6''�4APPERS in Chapter =5J-17,ORIQMIFyIS"iT2ATIVE CODE ;pNcsuant to Section STATUTES.KKM AI.) " . � � .. .,, 11-10-1E KEELY 0. MCCLUNG DATE PROFESSIONAL SURVEYOR and MAP15EFI W32 15001.04 0 N/A 00 0 ? r' L C uJ 'N fTl aOD N 1p �r Z LA tT� j J L-16 �h SHEET 1 SKETCH & LEGAL SURWYOR'S CE_PT.IFICATE DESCRIPTION I hereby certify that the,SURVEY'jdepisteo hereon was prepared under my RESPONSIBLE LHARGET nn tho dates) shown, and meets the STANDKP,'J$ GF PRACTICE' getffoprth by the FLORIDA BOARD OF PSOF SSICNAL GURVU0RS A.M6''�4APPERS in Chapter =5J-17,ORIQMIFyIS"iT2ATIVE CODE ;pNcsuant to Section STATUTES.KKM AI.) " . � � .. .,, 11-10-1E KEELY 0. MCCLUNG DATE PROFESSIONAL SURVEYOR and MAP15EFI W32 15001.04 15001.04 N/A 1-10-16 KOM{Y� N/A N/A N/A �r W SKETCH & DESCRIPTION DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89`55'57"E., for 413.73 feet; thence S.00"03'30"W., for 109.74 feet; thence S.16"29'05"E., for 46.95 feet; thence S.03"17'47"W., for 223.24 feet; thence S.15`25'31 "W., for 8.21 feet; thence S.88`06'30"E., for 7.83 feet; thence S.25`04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25"04'30"E., for 36.22 feet; thence S.10°19'51 "E., for 21.80 feet; thence S.31'44'02"W., for 38.92 feet; thence S.02'21'38"E., for 48.07 feet; thence S.20°45'55"E., for 18.59 feet; thence S.51 "32'24"E., for 14.78 feet; thence S.35°54'45"E., for 34.83 feet; thence S.14"52'00"E., for 27.95 feet; thence S.14"27'27"E., for 50.79 feet; thence S.05°10'32"E., for 68.51 feet; thence S.09'09'22"E., for 29.85 feet; thence S.12"00'31 "W., for 32.97 feet; thence S.49°41'39"W., for 19.35 feet; thence N.80`24'49"W., for 22.76 feet; thence N.15`41'52"W., for 45.76 feet; thence N.09"24'29"W., for 48.57 feet; thence N.01 `54'27"W., for 34.85 feet; thence N.06`22'21 "W., for 39.19 feet; thence N.15"43'04"W., for 43.56 feet; thence S.27"37'11 "W., for 25.75 feet; thence S.43°33'47"W., for 12.41 feet; thence S.46'47'14"W., for 6.14 feet; thence N.04°59'55"W., for 4.77 feet; thence N.12"56'15"E., for 149.87 feet; thence N.18°43'14"E., for 8.50 feet; thence N.00"29'53"E., for 74.49 feet to the Point of Beginning. Containing 0.36 acres, more or less. SHEET 2 Z 0 w NO. DATE DESCRIPTION BY SKETCH & LEGAL DESCRIPTION PROJECT NO. 15001.04 DRAWING# 15001.04 SCALE N/A i AST LAND K Nc' DRAWN IVI 111 0 OLDSMAR, FLORIDA 34616 FOREST LAKES BOULEVARD CHECKED/QC KOM 77 FIELD CREW N/A LBQ.Si3 BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT BK. / PG. N/A PH: (813) 854-1342 SLSIR"TAMPABAY.RR.COM SURVEY DATE IN/A Armstrong Environmental Report Page 7 of 8 2:\2014AutoCADProjects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx ARMSTRONG ENVIRONMENTAL SERVICES, INC. P.O. Box 518 Safety Harbor, Florida 34695 (727)726-8896 (FAX) 726-8790 November 10, 2016 Housh Ghovaee, President Northside Engineering Inc. 300 South Belcher Road Clearwater, FL 33765 RE: Revised Environmental Narrative for Montclair Lake Estates, Clearwater, FL Dear Mr. Ghovaee: Attached is the Revised Environmental Narrative for submittal to modify the SWFWMD Environmental Resource Permit (ERP) for the above-mentioned 12+ acre site located at the southwest corner of North Belcher Road and Montclair Road in Clearwater, Florida. Please review the enclosed reports and if you have any questions, please feel free to call. Sincerely, Martin S. Armstrong, Ph.D. President Enclosures cc: Agostino DiGiovanni, DiGiovanni Homes AES File 590-001 PF (C:\reports\0590-001-r02a) 1 Armstrong Environmental Services, Inc. Environmental Narrative Montclair Lake Estates 2251 Montclair Road Revised November 10, 2016 INTRODUCTION Armstrong Environmental Services, Inc. (AES) has conducted a protected species survey of a 12 ± acre portion of Folio 06-29-16-00000-230-0200, identified as Montclair Lake Estates located at 2251 Montclair Road, in Clearwater, Pinellas County, Florida. SOILS The site has three soil associations, including the open water category, as identified in the Pinellas County Soil Survey (see attached soils map from Natural Resource Conservation Service): Myakka soils and urban land 01.71. This soil association was formerly known as Myakka fine sand (My) in the 1972 Pinellas County Soil Survey. Identified as a nearly level, poorly drained soil on broad flats between sloughs and swamps, the water table is normally at a depth of 10 to 30 inches; it rises to the surface for a short time during wet periods and falls below 30 inches during extended dry periods. Tavares soils and Urban land, 0 to 5 percent slopes 029): This soil association was formerly known as Astatula fine sand, moderately deep water table (As) in the 1972 Pinellas County Soil Survey. Identified as a nearly level to gently sloping sandy sol on low ridges and isolated knolls, this soil has a water table at a depth of 40 to 60 inches for more than 6 months most years; rises above 40 inches for a short time during wet periods and falls below 60 inches during extended dry periods. Water 099): Inundated open water areas. These areas have a permanent pool year round. The primary open water area is Beckett Lake. The other open water areas on the site were excavated from the Myakka soils (man-made surface waters) from before 1951 to 1965, as evidenced .from historical aerial photography. EXISTING CONDITIONS — HABITAT AND VEGETATION This site was put into citrus production prior to 1951. Sometime between 1965 and 1967, the western portion of the site was converted to an ornamental horticultural plant nursery. This nursery was recently abandoned and the plants and surface irrigation system has been removed from the site over the past year. Please refer to the attached Habitat - FLUCCS Map for the location of the following land uses identified according to the Florida Land Use Cover Classification System (FLUCCS). FLUCCS 240 — Nurseries and Vineyards: This category is composed of nurseries, floricultural areas and seed -and -sod areas used perennially and generally not rotated with other uses. The sparse overstory of the Nursery is primarily located on the periphery and includes a few live oak (Quercus virginiana), laurel oak (Quercus laurifolia), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), sweetgum (Liguidambar styraciva), and a huge yew plum vine (Podocarpus macrophyllus) hedge along Belcher and Montclair Roads. The areas surrounding the FLUCCS 641 (herbaceous marsh) areas are dominated by Senegal Date Palms (Phoenix reclinata), with a few loblolly bay (Gordonia lasianthus), southern magnolia (Magnolia grandiflora), Australian umbrella tree (Schefflera actinophylla), and other exotic cultivars. The understory is dominated by bahia grass (Paspalum notatum), common bermuda (Cynodon dactylon), beggartick (Bidens (CAreports\0590-001-r02a) 2 Armstrong Environmental Services, Inc alba), frogfruit (Lippia nodiflora), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon sp.), smutgrass (Panicum sp.), dayflower (Commelina diffusa), American black nightshade (Solanum americanum), creeping oxeye (Wedelia trilobata), mexican petunia (Reullia sp.), carpetgrass (Axonopus sp.) and various sedges (Cyperus sp.). The ground cloth was recently removed and invader species have begun to become established throughout the uplands. FLUCCS 524 — Lakes less than 10 acres: The edge of Beckett Lake and an isolated man-made waterbody on the north side of the project are the two open -water areas found on the site. The dominant vegetation in these areas are typically floating -leaved aquatics such as water hyacinth (Eicchornia crassipes), duckweed (Lemna minor), water fern (Azolla caroliniana), and water spangles (Salvinia minima). Some littoral vegetation such as alligatorweed (Alternanthera philoxeroides), primrose willow (Ludwigia peruviana), cattail (Typha latifolia), and torpedo grass (Panicum repens) maybe present in sparse coverage. FLUCCS 641 — Herbaceous Marsh: Two areas of this FLUCCS code are found on the site; the northern area is basically a drainage area that has been surrounded by Phoenix reclinata with an understory of American evergreen (Syngonium podophyllum), water pennywort (Hydrocotyle umbellata), St. Augustine grass (Stenotaphrum secundatum), nightshade, and elderberry (Sambuscus canadensis). PROTECTED SPECIES SURVEY: AES conducted pedestrian transects throughout the site to determine the presence or potential presence of State and Federally Listed Species (endangered, threatened and/or species of special concern) such as the bald eagle, Sherman fox squirrel, scrub jay, blue indigo, gopher tortoise, scrub jay, listed wading bird species and/or bird rookeries and the southeastern American Kestrel. AES referred to the FWC's "Florida's Endangered and Threatened Species" publication (updated January 2013). Please note that no protected species were observed on the site during the field work which was conducted in March and May of 2015. AES consulted the Florida Fish and Wildlife Conservation Commission (FWC) Waterbird Locator, Bald Eagle Locator, and the Florida Natural Areas Inventory (FNAI) Biodiversity Matrix. The FWC Bald Eagle Locator indicated nine (9) Bald Eagle Nests have been identified within a 5 - mile radius of the site, identified with a blue marker on the map below. The nearest bald eagle nest, PI 020, is located 2.14 miles northwest of the subject site. Therefore, we can conclude that development of the subject site will not have any impact on any of this bald eagle nests primarily due to the distance to the site. No waterbird colonies have been documented on the site from FWC; the closest waterbird colony is located on Alligator Lake, 2.75 miles southeast of the site. The FNAI Biodiversity Matrix did not identify any known protected species occurrences on or adjacent to this site. Please note that no protected species (endangered, threatened or species of special concern) as listed by the US Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC) were observed on the property during the field work, nor do we anticipate any protected species utilization of the habitats on the site due to the previous impacts to this site. RECOMMENDATIONS: The proposed site plan indicates the entire upland community of the property will be developed as a multi -family residential development. The lack of any protected species utilization on the site indicates there will be no impacts to protected species with the proposed development. PROPOSED WETLAND IMPACTS (C Areports\0590-001-r02a) 3 Armstrong Environmental Services, Inc. The proposed wetland impacts consist of the following (see plans for area identification). Wetland Impact 1 (SW -B, 0.35 acres of fill proposed): Fill the existing upland -cut, isolated, surface water. FLUCCS 524: open water. No mitigation required. Wetland Impact 2 (SW -C, 0.37 acres of fill proposed): Fill the existing isolated surface water: FLUCCS 641: herbaceous. Exempt, No mitigation required. Please note that 0.03 acres of this wetland are located off-site; allowing this area to remain after the construction would not allow adequate habitat to remain for wetland dependant species, but rather provide a breeding hole for mosquitoes. TOTAL WETLAND IMPACT: 0.72 acres of surface waters. (CAreports\0590-00 1 -r02a) 4 Armstrong Environmental Services, Inc. TABLE ONE: PROJECT WETLAND AND OTHER SURFACE WATER SUMMARY: Montclair Lake Estates, S -T -R 06 -29S -16E, Pinellas County WL & SW WL & WL & WL & SW TEMPORARY WL & SW PERMANENT WL & SW MITIGATION ID SW SW SIZE NOT IMPACTS IMPACTS AREA ID TYPE Im acted WL & SW IMPACT IMPACT WL & SW IMPACT IMPACT TYPE SIZE TYPE TYPE SIZE TYPE SW -A 524 0.23 ac. 0.23 ac. SW -B* 524 & 641 0.61 ac. 0.26 ac. 524 0.35 ac. Fill Exempt SW -C* 641 0.37 ac.** 0.00 ac. 641 0.37 ac. Fill Exempt PROJECT TOTALS 1.21 ac. 0.49 ac. 0.72 ac. WL = Wetland, SW = Other Surface Water, ID = Identification number, letter, etc., * = Exempt Wetland Wetland Type: from the Florida Land Use and Cover Classification System (FLUCCS): 510 = Streams; 617 = Mixed Forested Wetlands; 621 = Cypress Wetlands; 631 = Wetland Scrub; 641 = Freshwater Marshes Impact Type: D=Dredge; F = Fill; H = change hydrology; S = shading; C = clearing; O = other ** = includes 0.03 ac of isolated wetland offsite. SW -A SW -B — Wetland Impact 1- Survey Parcel l SW -C — Wetland Impact 2 - Survey Parcel 1 (CAreports\0590-00 1 -r02a) 5 Armstrong Environmental Services, Inc. ARMSTRONG ENVIRONMENTAL SERVICES, INC. P.O. Box 518 Safety Harbor, Florida 34695 (727) 726-8896 (FAX) 726-8790 November 10, 2016 Housh Ghovaee, President Northside Engineering Inc. 300 South Belcher Road Clearwater, FL 33765 RE: Revised Environmental Narrative for Montclair Lake Estates, Clearwater, FL Dear Mr. Ghovaee: Attached is the Revised Environmental Narrative for submittal to modify the SWFWMD Environmental Resource Permit (ERP) for the above-mentioned 12+ acre site located at the southwest corner of North Belcher Road and Montclair Road in Clearwater, Florida. Please review the enclosed reports and if you have any questions, please feel free to call. Sincerely, Martin S. Armstrong, Ph.D. President Enclosures cc: Agostino DiGiovanni, DiGiovanni Homes AES File 590-001 PF (C:\reports\0590-001-r02a) 1 Armstrong Environmental Services, Inc. Environmental Narrative Montclair Lake Estates 2251 Montclair Road Revised November 10, 2016 INTRODUCTION Armstrong Environmental Services, Inc. (AES) has conducted a protected species survey of a 12 + acre portion of Folio 06-29-16-00000-230-0200, identified as Montclair Lake Estates located at 2251 Montclair Road, in Clearwater, Pinellas County, Florida. SOILS The site has three soil associations, including the open water category, as identified in the Pinellas County Soil Survey (see attached soils map from Natural Resource Conservation Service): Myakka soils and urban land (#17): This soil association was formerly known as Myakka fine sand (My) in the 1972 Pinellas County Soil Survey. Identified as a nearly level, poorly drained soil on broad flats between sloughs and swamps, the water table is normally at a depth of 10 to 30 inches; it rises to the surface for a short time during wet periods and falls below 30 inches during extended dry periods. Tavares soils and Urban land, 0 to 5 percent slopes 029): This soil association was formerly known as Astatula fine sand, moderately deep water table (As) in the 1972 Pinellas County Soil Survey. Identified as a nearly level to gently sloping sandy sol on low ridges and isolated knolls, this soil has a water table at a depth of 40 to 60 inches for more than 6 months most years; rises above 40 inches for a short time during wet periods and falls below 60 inches during extended dry periods. Water 099): Inundated open water areas. These areas have a permanent pool year round. The primary open water area is Beckett Lake. The other open water areas on the site were excavated from the Myakka soils (man-made surface waters) from before 1951 to 1965, as evidenced from historical aerial photography. EXISTING CONDITIONS — HABITAT AND VEGETATION This site was put into citrus production prior to 1951. Sometime between 1965 and 1967, the western portion of the site was converted to an ornamental horticultural plant nursery. This nursery was recently abandoned and the plants and surface irrigation system has been removed from the site over the past year. Please refer to the attached Habitat - FLUCCS Map for the location of the following land uses identified according to the Florida Land Use Cover Classification System (FLUCCS). FLUCCS 240 — Nurseries and Vineyards: This category is composed of nurseries, floricultural areas and seed -and -sod areas used perennially and generally not rotated with other uses. The sparse overstory of the Nursery is primarily located on the periphery and includes a few live oak (Quercus virginiana), laurel oak (Quercus laurifolia), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), sweetgum (Liquidambar styraciflua), and a huge yew plum vine (Podocarpus macrophyllus) hedge along Belcher and Montclair Roads. The areas surrounding the FLUCCS 641 (herbaceous marsh) areas are dominated by Senegal Date Palms (Phoenix reclinata), with a few loblolly bay (Gordonia lasianthus), southern magnolia (Magnolia grand ora), Australian umbrella tree (Schefflera actinophylla), and other exotic cultivars. The understory is dominated by bahia grass (Paspalum notatum), common bermuda (Cynodon dactylon), beggartick (Bidens (CAreports\0590-001-r02a) 2 Armstrong Environmental Services, Inc alba), frogfruit (Lippia nodiflora), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon sp.), smutgrass (Panicum sp.), dayflower (Commelina diffusa), American black nightshade) (Solanum americanum), creeping oxeye (Wedelia trilobata), mexican petunia (Reullia sp.), carpetgrass (Axonopus sp.) and various sedges (Cyperus sp.). The ground cloth was recently removed and invader species have begun to become established throughout the uplands. FLUCCS 524 — Lakes less than 10 acres: The edge of Beckett Lake and an isolated man-made waterbody on the north side of the project are the two open -water areas found on the site. The dominant vegetation in these areas are typically floating -leaved aquatics such as water hyacinth (Eicchornia crassipes), duckweed (Lemna minor), water fern (Azolla caroliniana), and water spangles (Salvinia minima). Some littoral vegetation such as alligatorweed (Alternanthera philoxeroides), primrose willow (Ludwigia peruviana), cattail (Typha latifolia), and torpedo grass (Panicum repens) maybe present in sparse coverage. FLUCCS 641 — Herbaceous Marsh: Two areas of this FLUCCS code are found on the site; the northern area is basically a drainage area that has been surrounded by Phoenix reclinata with an understory of American evergreen (Syngonium podophyllum), water pennywort (Hydrocotyle umbellata), St. Augustine grass (Stenotaphrum secundatum), nightshade, and elderberry (Sambuscus canadensis). PROTECTED SPECIES SURVEY: AES conducted pedestrian transects throughout the site to determine the presence or potential presence of State and Federally Listed Species (endangered, threatened and/or species of special concern) such as the bald eagle, Sherman fox squirrel, scrub jay, blue indigo, gopher tortoise, scrub jay, listed wading bird species and/or bird rookeries and the southeastern American Kestrel. AES referred to the FWC's "Florida's Endangered and Threatened Species" publication (updated January 2013). Please note that no protected species were observed on the site during the field work which was conducted in March and May of 2015. AES consulted the Florida Fish and Wildlife Conservation Commission (FWC) Waterbird Locator, Bald Eagle Locator, and the Florida Natural Areas Inventory (FNAI) Biodiversity Matrix. The FWC Bald Eagle Locator indicated nine (9) Bald Eagle Nests have been identified within a 5 - mile radius of the site, identified with a blue marker on the map below. The nearest bald eagle nest, PI 020, is located 2.14 miles northwest of the subject site. Therefore, we can conclude that development of the subject site will not have any impact on any of this bald eagle nests primarily due to the distance to the site. No waterbird colonies have been documented on the site from FWC; the closest waterbird colony is located on Alligator Lake, 2.75 miles southeast of the site. The FNAI Biodiversity Matrix did not identify any known protected species occurrences on or adjacent to this site. Please note that no protected species (endangered, threatened or species of special concern) as listed by the US Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC) were observed on the property during the field work, nor do we anticipate any protected species utilization of the habitats on the site due to the previous impacts to this site. RECOMMENDATIONS: The proposed site plan indicates the entire upland community of the property will be developed as a multi -family residential development. The lack of any protected species utilization on the site indicates there will be no impacts to protected species with the proposed development. PROPOSED WETLAND IMPACTS (CAreports\0590-00 1 -r02a) 3 Armstrong Environmental Services, Inc. The proposed wetland impacts consist of the following (see plans for area identification). Wetland Impact I (SW -B, 0.35 acres of fill proposed): Fill the existing upland -cut, isolated, surface water. FLUCCS 524: open water. No mitigation required. Wetland Impact 2 (SW -C, 0.37 acres of fill proposed): Fill the existing isolated surface water: FLUCCS 641: herbaceous. Exempt, No mitigation required. Please note that 0.03 acres of this wetland are located off-site; allowing this area to remain after the construction would not allow adequate habitat to remain for wetland dependant species, but rather provide a breeding hole for mosquitoes. TOTAL WETLAND IMPACT: 0.72 acres of surface waters. (CAreports\0590-001-r02a) 4 Armstrong Environmental Services, Inc. TABLE ONE: PROJECT WETLAND AND OTHER SURFACE WATER SUMMARY: Montclair Lake Estates, S -T -R 06 -29S -16E, Pinellas County WL & SW WL & WL & WL & SW TEMPORARY WL & SW PERMANENT WL & SW MITIGATION ID SW SW SIZE NOT IMPACTS IMPACTS AREA ID TYPE Im acted WL & SW IMPACT IMPACT WL & SW IMPACT IMPACT TYPE SIZE TYPE TYPE SIZE TYPE SW -A 524 0.23 ac. 0.23 ac. SW -B* 524 & 641 0.61 ac. 0.26 ac. 524 0.35 ac. Fill Exempt SW -C* 641 0.37 ac.** 0.00 ac. 641 0.37 ac. Fill Exempt PROJECT TOTALS 1.21 ac. 0.49 ac. 0.72 ac. WL = Wetland, SW = Other Surface Water, ID = Identification number, letter, etc., * = Exempt Wetland Wetland Type: from the Florida Land Use and Cover Classification System (FLUCCS): 510 =Streams; 617 =Mixed Forested Wetlands; 621 = Cypress Wetlands; 631 = Wetland Scrub; 641 = Freshwater Marshes Impact Type: D=Dredge; F = Fill; H = change hydrology; S = shading; C = clearing; O = other ** = includes 0.03 ac of isolated wetland offsite. SW -A SW -B — Wetland Impact 1 - Survey Parcel 2 SW -C — Wetland Impact 2 - Survey Parcel 1 (C:\reports\0590-001-r02a) 5 Armstrong Environmental Services, Inc. SWFWMD Permit Approval and Amendment Page 8 of 8 z:\z014 AutoCAD Projects\1433 - Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx rsr , 2379 Broad Street, Brooksville, Florida 34604-6899 Water Management (352) 796-7211 or 1-800-423-1476 (FL only) District SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) ~'11:1tn On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/aermits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. 2379 Broad Street, Brooksville, Florida 34604-6899 Dater Management (352) 796-7211 or 1-800-423-1476 (FL only) District SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) *, On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/aermits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. App ID/Permit No:721316 / 43034349.002 Page 2 June 20, 2016 If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division Enclosures: Approved Permit w/Conditions Attached As -Built Certification and Request for Conversion to Operation Phase Notice of Authorization to Commence Construction Notice of Rights cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43034349.002 EXPIRATION DATE: June 20, 2021 PERMIT ISSUE DATE: June 20, 2016 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. 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: Montclair Lakes Estates GRANTED TO: Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 OTHER PERMITTEES: N/A ABSTRACT: This permit is for the construction of a stormwater management system serving an 11.17 acre residential project. This permit includes the construction of 10 townhome buildings (60 units), 13 duplex buildings (26 units), amenity area, internal roadway, parking and associated stormwater management system. The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater pond via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. This permit is issued based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. Also, all wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. The project is located at the southwest corner of the intersection of North Belcher Road and Montclair Road in Pinellas County. OP. & MAIN. ENTITY: Montclair Lake Homeowners Association, Inc. OTHER OP. & MAIN. ENTITY: N/A COUNTY: PINELLAS SEC/TWP/RGE: S06/T29S/R16E TOTAL ACRES OWNED OR UNDER CONTROL: PROJECT SIZE: LAND USE: DATE APPLICATION FILED AMENDED DATE: 23.69 11.17 Acres Residential November 24, 2015 N/A I. Water Quantity/Quality POND No. Area Acres @ Top of Bank Treatment Type 1 1.22 MAN-MADE WET DETENTION Type Total: 1.22 0.00 Water Quantity/Quality Comments The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater ponds via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The elevation datum used for this project is NAVD 88. A mixing zone is not required. A variance is not required. II. 100 -Year Floodplain Encroachment Compensation Compensation Encroachment (Acre -Feet of fill) (Acre -Feet of Type Result* (feet) 0.00 excavation Wetland #2 0.60 0.25 0.35 0.00 0.54 0.57 Equivalent Excavation N/A Floodplain Comments The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. *Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation. III. Environmental Considerations Wa_tland/Of her Surface Water Information Wetland/Other Not Surface Total Impacted Water Name Acres Acres Permanent Im acts Tem ora Impacts Functional Acres Loss* Acres Functional Loss* Wetland #1 0.37 0.12 0.25 0.00 0.00 0.00 Wetland #2 0.60 0.25 0.35 0.00 0.00 0.00 Total: 0.97 0.37 0.60 1 0.00 0.00 0.00 * For impacts that do not require mitigation, their functional loss is not included. Wetland/Other Surface Water Comments: Wetlands are not located within the project area for this ERP; however, there are 0.97 acre of other surface water features, consisting of 0.37 acre of ditches (FLUCCS 510) and 0.6 acre of ponds (FLUCCS 534), located within the project area. Permanent filling impacts to 0.6 acre of the project surface waters will occur for the construction of a multifamily residential facility with associated roadways, parking, and surface water management system. Mitigation Information Mitigation Comments: Wetland mitigation will not be required for permanent filling impacts to 0.35 acre of ponds pursuant to Section 10.2.2. of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species. Wetland mitigation is not required for permanent filling impacts to 0.25 acre of upland cut ditches pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. Specific Conditions 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 may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, 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 Permittee shall retain the design professional registered or licensed 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 design professional so employed. This information shall be submitted prior to construction. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: wetland and surface water areas limits of approved surface water impacts The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. All wetland and surface water boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District for the term of this permit. If this permit is extended, the wetland and surface water boundaries shall only remain binding for the term of such extension provided that physical conditions on the property, as solely determined by District staff, do not change so as to alter the boundaries of the delineated wetlands or other surface waters during the permit term, unless such change has been authorized by a permit issued under Part IV, Chapter 373, F.S. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted stormwater management system, and the locations and limits of all wetlands, wetland buffers, upland buffers for water quality treatment, 100 -year floodplain areas and floodplain compensation areas, shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the As -Built Certification and Request for Conversion to Operational Phase Form, and prior to beneficial occupancy or use of the site. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Regulation Division: 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 with the submittal of the Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity form. 7. The following language shall be included as part of the deed restrictions for each lot: - "Each property owner within the subdivision at the time of construction of a building, residence, or structure shall comply with the construction plans for the stormwater management system approved and on file with the Southwest Florida Water Management District." All lots abutting wet detention ponds shall have the following language (or similar language as approved in writing by the District Service Office that services this permit), as part of the deed restrictions: "The lot owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD." 9. Certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341 is waived. 10. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease. 11. The Permittee shall notify the District of any sinkhole development in the stormwater management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery. 12. The Permitted Plan Set for this project includes: the set received by the District on June 13, 2016. 13. The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase. For systems utilizing retention or wet detention, the inspections shall be performed five (5) years after operation is authorized and every five (5) years thereafter. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the District. Within 30 days of any failure of a stormwater management system or deviation from the permit, an inspection report shall be submitted using Form 62-330.311(1), "Operation and Maintenance Inspection Certification" describing the remedial actions taken to resolve the failure or deviation. 14. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport 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. 15. 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. 16. The permittee shall complete construction of all aspects of the stormwater 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 served by this system. 17. The following 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. 18. All stormwater 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 offsite property. 19. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the 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 permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 20. 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 constitute 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. 21. A "Recorded notice of Environmental Resource Permit," Form No. 62-330.090(1), shall be recorded in the public records of the County(s) where the project is located. 22. This permit is issued, based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. 23. All wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. 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. Michelle K. Hopkins, P.E. Authorized Signature EXHIBIT A GENERAL CONDITIONS: 1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project -specific conditions. a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action. b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(8)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[effective date], incorporated by reference herein (<http://www.flrules.orq/Gateway/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: 1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex - "Construction Completion and Inspection Certification for Activities Associated with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or 2. For all other activities - "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. 3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. If the final operation and maintenance entity is a third party: 1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. 2. Within 30 days of submittal of the as- built certification, the permittee shall submit 'Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. This permit does not: 1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; 2. Convey to the permittee or create in the permittee any interest in real property; 3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or 4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. The permittee shall notify the Agency in writing: 1. Immediately if any previously submitted information is discovered to be inaccurate; and 2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. M. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012). o. 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 considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. p. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. q. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. r. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project - specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter. 10 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF AUTHORIZATION TO COMMENCE CONSTRUCTION Montclair Lakes Estates PROJECT NAME Residential PROJECT TYPE PINELLAS COUNTY S06/T29S/R16E SEC(S)/TWP(S)/RGE(S) Montclair Lake Townhomes, LLC PERMITTEE See permit for additional permittees APPLICATION ID/PERMIT NO: 721316 / 43034349.002 DATE ISSUED: June 20, 2016 _ o �1t„I: N11ir'^ Michelle K. Hopkins, P.E. Issuing Authority THIS NOTICE SHOULD BE CONSPICUOUSLY DISPLAYED AT THE SITE OF THE WORK 11 Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about. 12 JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9.110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. 13 Y _y ,_<<�n 2379 Broad Street, Brooksville, Florida 34604-6899 s ,q Water Management District (352) 796-7211 or 1-800-423-1476 (FL only) r SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) �r 4+, 1' On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. . Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing , notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. 2379 Broad Street, Brooksville, Florida 34604-6899 Water Management (352) 796-7211 or 1-800 423-1476 (FL only) District SUNCOM 6284150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing , notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. App ID/Permit No:721316 / 43034349.002 Page 2 June 20, 2016 If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division Enclosures: Approved Permit w/Conditions Attached As -Built Certification and Request for Conversion to Operation Phase Notice of Authorization to Commence Construction Notice of Rights cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE INDIVIDUAL CONSTRUCTION PERMIT NO. 43034349.002 EXPIRATION DATE: June 20, 2021 PERMIT ISSUE DATE: June 20, 2016 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. 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: Montclair Lakes Estates GRANTED TO: Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 OTHER PERMITTEES: N/A ABSTRACT: This permit is for the construction of a stormwater management system serving an 11.17 acre residential project. This permit includes the construction of 10 townhome buildings (60 units), 13 duplex buildings (26 units), amenity area, internal roadway, parking and associated stormwater management system. The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater pond via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. This permit is issued based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. Also, all wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. The project is located at the southwest corner of the intersection of North Belcher Road and Montclair Road in Pinellas County. OP. & MAIN. ENTITY: Montclair Lake Homeowners Association, Inc. OTHER OP. & MAIN. ENTITY: N/A COUNTY: PINELLAS SEC/TWP/RGE: S06/T29S/R 16 E TOTAL ACRES OWNED OR UNDER CONTROL: 23.69 PROJECT SIZE: 11.17 Acres LAND USE: Residential DATE APPLICATION FILED: November 24, 2015 AMENDED DATE: N/A I. Water Quantity/Quality POND No. Area Acres @ Top of Bank Treatment Type 1 1.22 MAN-MADE WET DETENTION Type Total: 1.22 Wetland #1 Water Quantity/Quality Comments The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater ponds via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The elevation datum used for this project is NAVD 88. A mixing zone is not required. A variance is not required. II. 100 -Year Floodplain Encroachment Compensation Compensation Encroachment (Acre -Feet of fill) (Acre -Feet of Type Result* (feet) Wetland #1 excavation 0.25 0.00 0.54 0.57 Equivalent Excavation N/A Floodplain Comments The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. *Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation. Ill. Environmental Considerations Wetland/Other Surface Water Information Wetland/Other Surface Water Name Not Total Impacted Acres Acres Permanent Impacts Tem ora Impacts Acres Functional Loss* Acres Functional Loss* Wetland #1 0.37 0.12 0.25 0.00 0.00 0.00 Wetland #2 0.60 0.25 0.35 0.00 0.00 0.00 Total: 0.97 0.37 0.60 0.00 0.00 0.00 * For impacts that do not require mitigation, their functional loss is not included. Wetland/Other Surface Water Comments: Wetlands are not located within the project area for this ERP; however, there are 0.97 acre of other surface water features, consisting of 0.37 acre of ditches (FLUCCS 510) and 0.6 acre of ponds (FLUCCS 534), located within the project area. Permanent filling impacts to 0.6 acre of the project surface waters will occur for the construction of a multifamily residential facility with associated roadways, parking, and surface water management system. Mitigation Information Mitigation Comments: Wetland mitigation will not be required for permanent filling impacts to 0.35 acre of ponds pursuant to Section 10.2.2. of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species. Wetland mitigation is not required for permanent filling impacts to 0.25 acre of upland cut ditches pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. Specific Conditions 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 may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, 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 Permittee shall retain the design professional registered or licensed 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 design professional so employed. This information shall be submitted prior to construction. 3. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: wetland and surface water areas limits of approved surface water impacts The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. 4. All wetland and surface water boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District for the term of this permit. If this permit is extended, the wetland and surface water boundaries shall only remain binding for the term of such extension provided that physical conditions on the property, as solely determined by District staff, do not change so as to alter the boundaries of the delineated wetlands or other surface waters during the permit term, unless such change has been authorized by a permit issued under Part IV, Chapter 373, F.S. 5. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted stormwater management system, and the locations and limits of all wetlands, wetland buffers, upland buffers for water quality treatment, 100 -year floodplain areas and floodplain compensation areas, shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the As -Built Certification and Request for Conversion to Operational Phase Form, and prior to beneficial occupancy or use of the site. 6. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Regulation Division: 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 with the submittal of the Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity form. 7. The following language shall be included as part of the deed restrictions for each lot: "Each property owner within the subdivision at the time of construction of a building, residence, or structure shall comply with the construction plans for the stormwater management system approved and on file with the Southwest Florida Water Management District." 8. All lots abutting wet detention ponds shall have the following language (or similar language as approved in writing by the District Service Office that services this permit), as part of the deed restrictions: "The lot owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD." Certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341 is waived. 10. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease. 11. The Permittee shall notify the District of any sinkhole development in the stormwater management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery. 12. The Permitted Plan Set for this project includes: the set received by the District on June 13, 2016. 13. The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase. For systems utilizing retention or wet detention, the inspections shall be performed five (5) years after operation is authorized and every five (5) years thereafter. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the District. Within 30 days of any failure of a stormwater management system or deviation from the permit, an inspection report shall be submitted using Form 62-330.311(1), "Operation and Maintenance Inspection Certification" describing the remedial actions taken to resolve the failure or deviation. 14. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport 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. 15. 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. 16. The permittee shall complete construction of all aspects of the stormwater 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 served by this system. 17. The following 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. 18. All stormwater 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 offsite property. 19. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the 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 permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 20. 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 constitute 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. 21. A "Recorded notice of Environmental Resource Permit," Form No. 62-330.090(1), shall be recorded in the public records of the County(s) where the project is located. 22. This permit is issued, based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. 23. All wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. 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. Michelle K. Hopkins, P.E. Authorized Signature EXHIBIT A GENERAL CONDITIONS: 1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project -specific conditions. a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action. b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. C. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(8)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[effective date], incorporated by reference herein (<http://www.fIrules.org/Gateway/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: 1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex - "Construction Completion and Inspection Certification for Activities Associated with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or 2. For all other activities - "As -Built Certification and Request for Conversion to Operational Phase' [Form 62-330.310(1)]. 3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. If the final operation and maintenance entity is a third party: 1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. 2. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity' [Form. 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. i. This permit does not: 1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; 2. Convey to the permittee or create in the permittee any interest in real property; 3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or 4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. j. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. I. The permittee shall notify the Agency in writing: 1. Immediately if any previously submitted information is discovered to be inaccurate; and 2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. m. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. n. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012). o. 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 considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. p. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. q. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. r. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project - specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter. 10 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF AUTHORIZATION TO COMMENCE CONSTRUCTION Montclair Lakes Estates PROJECT NAME Residential PROJECT TYPE PINELLAS COUNTY S06/T29S/R16E SEC(S)/TWP(S)/RGE(S) Montclair Lake Townhomes, LLC PERMITTEE See permit for additional permittees APPLICATION ID/PERMIT NO: 721316 / 43034349.002 DATE ISSUED: June 20, 2016 s. Q Michelle K. Hopkins, P.E. Issuing Authority THIS NOTICE SHOULD BE CONSPICUOUSLY DISPLAYED AT THE SITE OF THE WORK 11 Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flruies.org or at the District's website at www.WaterMatters.org/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about. 12 JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. 2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. 13 CITY OF ULEARWATER PLANNING & DEVELOPMENT DEPARTMENT POST OFFICE BOX 4748, CLEARWATER, FLORIDA 337584748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLoRmA 33756 TELEPHONE (727) 5624567 FAx (727) 5624865 F9011l i it Case REZ2016-08005 -- 2251 MONTCLAIR RD Owner(s): Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: 7277978972, Fax: No fax, Email: Gus@digiovannihomes Representative: Housh Ghovaee The DRC reviewed this application with the following comments: Planning Review 300 S Belcher Road Clearwater, FL 33765 PHONE: 7277090943, Fax: 7274468036, Email: Housh@northsideengineering.Net; Response: Sandy@northsideengineering. Net Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning Medium High Density Residential Request: This case involves a request to amend the Zoning Atlas designation of a 0.72 acre Planning Review portion of a property from Preservation (P) to Medium High Density Residential (MHDR). Proposed Use: Attached Dwellings Neighborhood College Park Association(s): correct all instances of increased dwelling unit numbers. **SEE PAGE 23 Presenter: Ellen Crandall, Senior Planner The DRC reviewed this application with the following comments: Planning Review The Future Land Use designation to the south is Water Not Preservation. Prior to CDB submittal correct FLU on site plan. **SEE PAGE 6 ON DOCUMENT. Response: Application and site plan have been amended. Planning Review The Zoning district to the west is Preservation (P). The adjacent property to the east is the Medium High Density Residential (MHDR). Please note: the subject site is the tracts of wetlands not the upland town home development. **SEE PAGE 15 ON DOCUMENT. Response: Application and site plan have been amended Planning Review In the response to the Zoning Atlas Amendment Criteria the proposed change is stated as increasing the allowable density of the property by 14 dwelling units. This in factually incorrect. At 15 dwelling units per acre for 0.72 acres will increase the density by ten (10) units. Prior to CDB submittal correct all instances of increased dwelling unit numbers. **SEE PAGE 23 ON DOCUMENT. Response: See amended responses. Planning Review The property immediately to the west is Preservation, further to west from that is MHDR, further to the west is Medium Density Residential (MDR) and 1/5/2017 1 DRC Comments 1/5/2017 2 DRC Comments CITY OF ULEARWATER PLANNING & DEVELOPMENT DEPARTMENT POST ONCE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SouT'H MYRTLE AVENUE, CLEARWATER, FLoRmA 33756 TELEPHONE 727) 562-4567 FAx 72 ( ( 7) 562-4865 then even further to the west is LMDR. Address the adjacent zoning districts. **SEE PAGE 27 ON DOCUMENT. Response: See amended response. Planning Review The amendment does increase density and therefore development potential on the site. What is states as a response is not entirely accurate. Responses should address the utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Revise prior to CDB submittal. **SEE PAGE 27 ON DOCUMENT. Response: See amended response. Planning Review In the response to the Zoning Atlas Amendment Criteria a development of eighty-six (86) units is referenced. The subject site currently has active building permits for phase one with 60 dwelling units. A phase two of 26 is referenced however it is not permitted nor approved. This application will in fact allow for phase two with additional dwelling units which have not been approved. A development of 86 dwelling units has not been approved. Prior to CDB correct the statements referring to approved development of dwelling units. **SEE PAGE 27 ON DOCUMENT. Response: Acknowledged and see amended response. Planning Review Through the Zoning Atlas Amendment Process the maximum development potential for the proposed zoning district is reviewed. Stating that the site will be developed with a set number of townhouses and will not utilize the full development potential of the proposed land use change is not legally binding or enforceable. This process is not a development agreement or approved site plan for construction. Limiting or approving the development of eighty-six townhouses is not part of this application nor is it justification of the proposed Zoning District change **SEE PAGE 27 ON DOCUMENT. Response: Acknowledged and see amended response. Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 29 ON DOCUMENT. Response: Application and site plan have been amended. Planning Review The Future Land Use designation of the property to the south is Water not Preservation. **SEE PAGE 29 ON DOCUMENT. Response: Application and site plan have been amended. Planning Review This comment from previous reviews (8/23/16) was not addressed. Portions of the parcel adjacent to the north and west also contain areas designates as Preservation on the City's Zoning Atlas and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted under the SWFWMD permit. Please explain how this will not adversely affect the area designed Preservation. Prior to CDB submittal clarify how the adjacent areas to remain Preservation will be protected. **SEE PAGE 23 ON DOCUMENT. Response: See amended response. Planning Review In the Zoning Atlas Amendment Criteria, an improved site plan is referenced. Clearly detail and describe the improved site plan that this proposal will allow. **SEE PAGE 24 ON DOCUMENT. Response: See amended response. 1/5/2017 2 DRC Comments r Montclair Lake Estates 2251 Montclair Load Clearwater, Florida Subject: REZ2016-08005 Parcel Id: 06-29-16-00000-230-0200 300 South Belcher Road Cleanidater, Florida 33765 Tel: 727-443-2869 Fax: 727-446-8036 PAGE 1 OF 8 Civil Land Phoning Due Diligence (deports Re-Zomrig, Land Use, Annexation Utility Design Traffic Construction Adrnin*tration Zoning Atlas Amendment Application Page 2 of 8 z:\2olaautoCADProjects\lass-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx n1A olearLL C water Planning & Development Department Zoning Atlas Amendment Application ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $775 Rezoning Only $0 If submitted concurrently with corresponding Future Land Use Map Amendment (FLUM Amendment fee inclusive of rezoning) PROPERTY OWNER(S) (PER DEED): Montclair Lake Townhomes, LLC. MAILING ADDRESS: _175 Bayside Drive, Clearwater, Florida 33767 PHONE NUMBER: 727-797-8972 EMAIL: gus@digiovannihomes.com AGENT OR REPRESENTATIVE: Northside Engineering, Inc. (Housh Ghovaee) MAILING ADDRESS: 300 South Belcher Road, Clearwater, Florida 33765 PHONE NUMBER: 727-443-2869 EMAIL: housh northsideen-gineering net ADDRESS OF SUBJECT PROPERTY (if applicable): 2251 Montclair Road, Clearwater, Florida 33763 PARCEL NUMBER(S): 06-29-16-00000-230-0200 LEGAL DESCRIPTION: REASON FOR REQUESTED The project proposed to change the zone of 2 wetland areas from T" to AMENDMENT: °MHDR" in order to construct townhomes. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 Revised 03112 �Clearwater Planning & Development Department Zoning Atlas Amendment Application PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. FUTURE LAND USE PLAN DESIGNATION PRESENT: P - Preservation REQUESTED: RM - Residential Medium ZONING DISTRICT PRESENT: P - Preservation REQUESTED: MHDR - Medium High Density Residential SITE AREA: 31,582 sq. ft. 0.72 acres MAXIMUM ALLOWABLE DENSITY/INTENSITY(S) : USE(S): Current/Existing Existing (currently on site Future Land Use(s): 0 UPA or previous use if vacant): Wetland Proposed Future Land Proposed (new use, if any; Use(s) (if applicable): 15 UPA plus existing if to remain): ToWnhomes (units, rooms or beds per acre or non- residential square footage) ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: MHDR - Medium High Density Residential South: W - Water East: MHDR - Medium High Density Residential West: P - Preservation STATE OF FLORIDA, COUNTY OF PINELLAS 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. Sworn to and subscribed before me this 16th day of January 2017 . to me and/or by Housh Ghovaee Personal rty owner or representative who is personally lLnown has No�ryPacecsateaFlo�da � Notary public, Sandfa L. Bradbury, Sandra Lee Bradbury My commission expires: 0$,1$.21 u,. "----.--•-- -- as Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 Revised 03/12 ClearwaterPlanning & Development Department Zoning Atlas Amendment Application U Submittal Package Checklist IN ADDITION TO THE COMPLETED ZONING ATLAS AMENDMENT APPLICATION, ALL ZONING ATLAS AMENDMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING: ® Proof of ownership (e.g., copy of deed, title insurance policy, or other instrument demonstrating ownership) [Note: Submit two copies only at time of original application] Legal description of the property. If the property is not a platted lot of record, a current boundary survey prepared, signed and sealed by a land surveyor currently registered in the State of Florida is required. A copy of deed restrictions applicable to the property to which the City is a party. �Sl Information demonstrating that the proposed amendment complies with the criteria set forth in Section 4-602.F. The attached Zoning Atlas Amendment Standards for Review sheet shall be used to provide these responses. Note: Any request for Zoning Atlas amendment which is inconsistent with the Comprehensive Plan Future Land Use Map designation must be accompanied by an Application for a Future ;Land Use Map Amendment (separate application). A Traffic Impact Study is not required as part of the application for an amendment to the Zoning Atlas (REZ). A Traffic Impact Study may be provided at the applicant's discretion to supplement the assessment of the impact of the proposed change on the adequacy of public facilities (existing roadways). A Traffic Impact Study may be required at the time a site plan is submitted for development review if the total generated net new trips generated by the proposed development meet one or more conditions outlined on the appropriate application. 19 PUBLIC HEARING ATTENDANCE: The applicant or applicant's agent is advised to attend all public hearings scheduled for the proposed amendment including public hearings before the Community Development Board and City Council. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 5 Revised 03/12 °Clearwater Planning & Development Department Zoning Atlas Amendment Standards for Review PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) STANDARDS FOR REVIEW EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS ZONING ATLAS AMENDMENT. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. See Narrative 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. 3. The amendment does not conflict with the needs and character of the neighborhood and city. See Narrative 4. The amendment will not adversely or unreasonably affect the use of other property in the area. See Narrative 5. The amendment will not adversely burden public facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. See Narrative 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. See Narrative Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 5 Revised 03112 RA BRi,91,fr,1L' DBL1UIIFU aA TOBBACIT Planning & Development Department Zoning Atlas Amendment Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: Montclair Lake Townhomes, LLC. 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: Gus DiGiovanni 3. That this property constitutes the property for which a request for (describe request): Zonina Amendment 4. That the undersigned (has/have) appointed and (does/do) appoint: Housh Ghovaee as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. 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; 7. That (1/we), the undersigned authority, hereby certify that the foregoing is true and correct. Gus DiGiovanni Property Owner Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS 16th DAY OF Janua 2017 . PERSONALLY APPEARED Gus DiGiovanni WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE C TENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Ra Notary Lee State of Florld��,r,�� F�� 527Sandra L. Bradbury Notary Public Signature #FF910527 Ewresclulmof9 My Commission Notary SeExpires: 08.18.2019 Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tei:727-562-4567 Page 5 of 6 Revised 10/05/16 Narrative of Zoning Atlas Amendment Page 4 of 8 z:\2014AutocAD Projects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\O1d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Montclair Lake Estates 2251 Montclair Road Zoning Atlas Amendment Criteria The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation to provide a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2 of Montclair Lake Estates. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan and furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. Response: The proposed amendment from Preservation (P) to Medium High Density Residential (MHDR) is consistent with the applicable Goals, Objectives and/or Policies of the City's Comprehensive Plan and the Community Development Code (CDC) as follows: Future Land Use Plan Element: Goal A.1 — THE CITY OF CLEARWATER SHALL CONTINUE TO PROTECT NATURAL RESOURCES AND SYSTEMS THROUGHOUT THE CITY AND ENSURE THAT THESE RESOURCES ARE SUCCESSFULLY INTEGRATED INTO THE URBAN ENVIRONMENT THROUGH LAND DEVELOPMENT REGULATIONS, MANAGEMENT PROGRAMS, AND COORDINATION WITH FUTURE LAND USE INTENSITIES AND CATEGORIES. Objective A.1.1 — On an ongoing basis, natural resources and systems shall be protected through the application of local, state, and regional regulations, mitigation and management plans, and permitting procedures as well as through locally instituted land purchase programs focusing on environmentally sensitive properties and significant open space areas. Policy A.1.1.1— Any permanent and temporary alteration of Department of Environmental Protection (D.E.P.) jurisdictional or non -jurisdictional wetlands, the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD), beach dunes, sensitive soils, or other natural systems shall be prohibited unless such alteration is fully consistent with all local, state, and federal regulations, mitigation and management plans, and permitting procedures that may be applicable, including the wetland vegetative buffer requirement of the City's Community Development Code. Policy A.1.1.3 — Environmentally sensitive wetlands subject to Department of Environmental Protection (DEP) jurisdiction and the jurisdictional wetlands of the Southwest Florida Water Management District (SWFWMD) shall be designated by "Preservation" (P) zoning and prevented from being built upon except as permitted by the Preservation Zoning District. Policy A.1.1.8— Mitigation plans for alteration of non -jurisdictional wetlands,'beach dunes, swamps, marshes, streams, creeks, one hundred (100) year flood plains, or lakes shall require not less than a 1:1 ratio of mitigation land (on- or off-site) as approved by the Engineering Department and/or City Council, and in coordination with the Southwest Florida Water Management District (SWFWMD). Response: The existing Preservation (P) designation was modified in the past based on a survey of the jurisdictional wetlands. The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Medium High Density Residential (MHDR) District is of poor quality and has 1 already been approved to be filled without any mitigation from SWFWMD. The proposed Medium High Density Residential (MHDR) District is consistent with the other upland areas of this overall development of Medium High Density Residential (MHDR). The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policies. Objective A.5.3 — Use the city-wide design structure as a guide to preserve the existing character of certain corridors within the City of Clearwater. Policy A.5.3.1 — Preserve the residential character of the designated scenic non-commercial corridor of Belcher Road from Sunset Point Road to the northern City Limits. Policy A.5.3.2 — Maintain the mix of residential and commercial uses along Belcher Road from Countryside Boulevard to Northeast Coachman Road. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policies. Objective A.5.5 — Promote high quality design standards that support Clearwater's image and contribute to its identity. Policy A.5.5.1 — Development should be designed to maintain and support the existing or envisioned character of the neighborhood. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. Therefore, the proposal is consistent with and furthers this Objective and Policy. Goal A.6 — The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.2 — The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment. Policy A.6.2.1— On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. Therefore, the proposal is consistent with and furthers this Goal, Objective and Policy. 7 Conservation Element: GOAL F.1 — TO PROTECT AND CONSERVE ALL ASPECTS OF THE NATURAL ENVIRONMENT AND TO ENHANCE NATURAL FEATURES WHICH CONTRIBUTE TO THE EXISTENCE OF THE NATURAL QUALITIES AND CHARACTERISTICS OF CLEARWATER'S SENSITIVE ENVIRONMENT. Objective F.1.2 — The City shall continue to protect floodplains, drainage ways, and all other natural areas having functional hydrological characteristics. Objective F.1.5 — The City shall continue to maintain the wetland inventory of 760 acres as identified in the City's 2005 Wetlands Survey Policy F.1.5.1 — Wetlands shall not be dredged and filled or disturbed in any manner other than by natural phenomenon and their natural functions shall be protected, except through the implementation of State or City mitigation standards. Policy F.1.5.3 — The City shall protect and prevent disturbance of any natural wetland areas whether publicly or privately owned, by utilizing assessments and authority provided by the Florida Department of Environmental (FDEP), the Southwest Florida Water Management District (SWFWMD), Pinellas County and the Army Corps of Engineer. Response: The total 0.72 acres of wetlands proposed to be amended from Preservation (P) to Medium High Density Residential (MHDR) District is of poor quality and has already been approved to be filled without any mitigation from SWFWMD. The SWFWMD permit indicates the areas to be filled will not affect fish, wildlife and protected species and parts are upland drainage ditches. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal is not inconsistent with this Goal, Objective and Policies. Community Development Code (CDC): The proposal is supported by the general purpose, intent and basic planning objectives of this Code as follows: Section 1.103.A — It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal supports this CDC Section. Section 1.103.6.2 — Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. Attached dwellings exist to the north across Montclair Road. 3 Commercial uses exist across Belcher Road to the east. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, the proposal supports this CDC Section. Section 1.103.D — It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. Attached dwellings exist to the north across Montclair Road. Commercial uses exist across Belcher Road to the east. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, the proposal supports this CDC Section. Section 1.103.E.5 — Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal supports this CDC Section. Section 1.103.E.7 — Protect and improve the quality of water resources and wetlands in both interior and coastal areas and preserve floodplains, drainageways, and other natural areas having beneficial hydrological characteristics and functions. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, the proposal supports this CDC Section. 2. The available uses to which the property may be put are appropriate to the property which is subject to the proposed amendment and compatible with existing and planned uses in the area. Response: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2 in the Medium High Density Residential (MHDR) District. Attached dwellings exist to the north under County jurisdiction across Montclair Road. Commercial uses under the Commercial (C) District exist across Belcher Road to the east. The request will not affect existing Medium High Density Residential (MHDR) District, Medium Density Residential (MDR) District and Low Medium Density Residential (LMDR) District (developed with detached dwellings) farther west on the north and south sides of Montclair Road, which is developed with detached dwellings. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. It is 4 also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, this proposal is in compliance with this criterion. 3. The amendment does not conflict with the needs and character of the neighborhood and city. Response: Attached dwellings exist to the north under County jurisdiction across Montclair Road. Commercial uses under the Commercial (C) District exist across Belcher Road to the east. The request does not affect existing Low Medium Density Residential (LMDR) District farther west on the north and south sides of Montclair Road, which is developed with detached dwellings. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, this proposal is in compliance with this criterion. 4. The amendment will not adversely or unreasonably affect the use of other property in the area. Response:: The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2 in the Medium High Density Residential (MHDR) District. Attached dwellings exist to the north under County jurisdiction across Montclair Road. Commercial uses under the Commercial (C) District exist across Belcher Road to the east. The request does not affect existing Low Medium Density Residential (LMDR) District farther west on the north and south sides of Montclair Road, which is developed with detached dwellings. The requested Zoning Atlas Amendment will not have a negative impact on this existing character of the surrounding area and the developing character of the subject overall property. Therefore, this proposal is in compliance with this criterion. S. The amendment will not adversely burden public facilities, including the traffic -carrying capacities of streets, in an unreasonably or disproportionate manner. Response: The requested change to Medium High Density Residential (MHDR) District will permit the residential development at a density of 15 dwelling units per acre. The overall site is 12.55 acres in size and would permit a total of 188 dwelling units.. The development of Phase 1 provides for 60 townhomes (under construction), and, while this change increases the allowable number of dwelling units by 10 additional units, it provides a cohesive upland buildable area not cut up by areas of Preservation, producing a more efficient and cost effective site design for Phase 2. The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. The requested change in zoning allowing 10 additional units to be developed could produce approximately 69 additional trips/day, which is an insignificant change to traffic generation on Montclair Road. The requested change in land use allowing 10 additional units to be developed will have a similar potential insignificant demand on utilities and solid waste generation. Therefore, this proposal is in compliance with this criterion. 9 6. The district boundaries are appropriately drawn with due regard to the locations and classifications of streets, ownership lines, existing improvements and the natural environment. Response: The request to change the Zoning Atlas designation of the subject total 0.72 acres from Preservation (P) to Medium High Density Residential (MHDR) District is to remove a poor quality wetland area that the developer has already received a SWFWMD permit to fill without any mitigation for a better site design. It is also noted that the site design provides for the upland buffer averaging the required 25 feet (some areas exceed and others areas are less than the required, but the average buffer width meets the required 25 feet). The two areas requested to be amended are in upland areas and will not impact adjacent areas currently designated Preservation of higher quality wetlands. Therefore, this proposal is in compliance with this criterion. M General Warranty Deed Page 3 of 8 z:\2014AutocaD Projects\1433-Montclair rake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Io: 2a1A262114 BK: 18918 PG: 999, 09/11/2015 at 01:15 PM, RECORDING 2 PAGES $18.50 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKPRI2 Prepared by: Julie T. Holt Anclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 , t, General Warranty Deed ' Made this September I, 2015 A.D. By DAVID B. WEBB & SHARON WEBB, husband & wife, 2200 Montclair Road, Cle#viter, Florida 33763, hereinafter called the grantor, to MONTCLAIR LAKE TOWNHOMES, LLC, a Florida Limited Liability Company, ` whose post office address is: 175 Bayside Drive, Clearwater, Florida 33767, hereinafter called the grantee: (Whenever used herein the term "grantor' and "grantee" include all the patties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Zero dollars & no cents, attdother valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and ooprums unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Attached Schedule "A" Parcel ID Number: 06-29-16-00000-230-0200 ` Together with all the tenements, hereditaments and appurtenances thereto belonging or �n�apyWise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee thit/the ggantor fslawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said lard; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2014. In Witness Whereof, the said grant ,pr signed and'sealed these presents the day and year first above written. Signers sealed and delivered in our presence:, J r ��v (Seal) JULIA T HQLT DAVID B. WEBB Nam Witness Printed Nai (Seal) SHARON WEBB Witness Printed Name \ ` AAFWE&6Af ' State of Flgrldg County of Pin£1}M The foregoing itutrptitent was'acknowledged before me this day of September 2015, by DAVIB. WE SHARON WEBB husband & wife, who are perianally known to me or who has product drivers licenses as Iden 'fic do . 11-JAU Notary Public Print Name: JULIET. HOLT My Commission T� Expires: T f�u'"'r5rb� .ANE T. HOLT i IF.Fg. 1MyCMMISSIONOD EXPIRES: July TaWAsyPuatutl, PINELI&S COUNTY FL OFF. REC. BK 18918 PG 1000 Prepared by: Julie T. Holt Mclote Title Services, Inc 38868 US Highway 19 North Tarpon Springs, Florida 34689 File Number: 14-113 "Schedule A" A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township29 South, Range 16 East, Pinellas County, Florida; thence N00° 34'4 1 " W, along the West line of said,Sopthwest 1/,4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), f'okl347.52 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89° 55'4 f," 1~,-a1Qng the Ngrth line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Right -of Waj, line ofMotjtclair Road (formerly Sunset Point Coachman Road) according to Board of County Cotmrlitsion F4irnite Book 5, page 60, of the public records of Pinellas County, Florida, for 413.77 feet to the PAINS'>OFB)3G*1NG; thence continue N89° 55'41" E, along said North line of the Southwest 1/4 of the Nottitwegt 1/4 ol�dctidfl 6, same being said South Right -of Way line of Montclair Road, according to Board oirounty Cominissiot Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along1he Sautf erly RiglL -6f--Way line of Montclair Road according to the Official Records Book 4609, Page 203, of ,& S$lie Rer�ords.6f Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of theNorth� st 1%4 of Section 6, S00° 27'47" W, for 16.88 feet to the point of intersection with a non -tangent cpiyd, congave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N00° 27' 48"y,,'ltavin$,a radius of2(0.00 feet, central angle of 30° 45'4 1 ", an arc length of 112.75 feet, and a chord bearing S74° 09'2.2"d for 111.40 feet to the point of tangent; (3) thence S58° 46 31"E, for 92.56 feet; thence leavytg said SNthMjiY fight -of -Way line of Montclair Road according to the Official Records Books 4609, page 203, SI4'58' S'6•"E1 along.the Southerly Right -of Way line of Montclair Road according to the Official Records Book 4715, Rago 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersectidn with tfie, Westerly Right -of Way line of Belcher Road (County Road 94) according to said Official Records Book of 4009, pagd 203; thence S34° 48' 39" W, along said Westerly Right -of Way line of Belcher Road (County Road 94) aboording to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6xcourses4ong the Westerly Right -of Way line of Belcher Road (County Road 94) according to Official Records ook 8312, -page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39° 16' 15" W, for,276 ,2 -feet_ (2) thence S340 48' 34" W, for 81.44 feet; (3) thence N55° 11' 26" W, for 27.00 feet; (4) thence,S14a 48'3"4" i i, r 8b.00 feet; (5) thence S55° 11'26" E, for 27.00 feet; (6) thence S34° 48'34" W, for 129.62 feet tb.thd poipt of intersection with the Northerly Right -of -Way line of Sunset Point Road (State Road S-588) accordhigto satd Official Records Book 8312, page 1478; thence S70° 16' 12" W, along said Northerly l2 ght-of Way llpe WSunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, fot' 53.95 feet tb the point of intersection with a non -tangent curve, concave Northerly; thence Westerly along said Northetly_R ght-of Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, along the are of said curve, from a radial bearing of S00° 08' 56" E, having a radius of 34,120.10 feet, a central angle of 00° 0650", an arc length of 67.80 feet, and a chord bearing S89° 54'28" W for 67.80 feet to the point of intersection with a non -tangent line; thence leaving said Northerly Right -of -Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50° 10' 18" E, for 35.77 feet; thence N55° 37'03" E, for 34.61 feet; thence N44° 39'02" E, for 27.73 feet; thence N70° 38'26" E, for 35.22 feet; thence S65° 03'37" E, for 17.00 feet; thence N58° 38'47" E, for 24.23 feet; thence N41° 52'55" E, for 45.45 feet; thence S55° 11' 27" E, for 2.64 feet; thence N34° 48'34" E, for 14.46 feet; thence N55° 11' 26" W, for 27.00 feet; thence N34° 48'34" E, for 90.00 feet; thence NO3° 03'00" W, for 36.68 feet; thence N25° 31' 10" W for 119.04 feet; thence N34° 51'01" W, for 207.11 feet; thence N29° 18'08" W, for 86.82 feet; thence N47° 36' 09" E, for 130.01 feet; thence N15° 28' 18" E, for 217.95 feet; thence NOY 16'38" E, for 223.16 feet; thence N16' 25'32" W, for 46.91 feet; thence N00° 00'00" E, for 109.72 feet to the POINT OF BEGINNING. Site Plan Sheet C 1.0 Rezoning and Land Use Amendment Page 5 of 8 7_!\2014 AutoCAD Projects\1433- Montclair Lake Estates -Crus DIGiovannl\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\O1d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx Sketch of Wetlands One (1) &Two (2) Page 6 of 8 Z:\2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovannl\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx SKETCH & DESCRIPTION nn 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. (COAST LAM SURVEYK INC. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB 4w BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SI3URVEMTAMPABAY.RR.CON, SHEET 1 SKETCH & LEGAL SURVEYOR'S CERTIFICATE DESCRIPTION I hereby certify that the SURVEY depicted hereon was prepared under my RESPONSIBLE CHARGE on ti dates) shown, and =CT NO. 1 15001.01 meets the STANDARDS OF, PRACTICE •forth by the FLORIDA 9NG# 15001.01-1-1 BOARD OF PROFESSir3NAL SURVEYORS D MAPPERS in Chapter 5J-17, FLORIDA ADMINISTRA CO0 rsuant to Section NIA 472.0 . FLORIDA STATUTE . 'N JJB a -,an -i n . 6-30-16 JOHN J. BEalfl DATE PROFESSIONAL SUMtYOR and MAPPER 17004 SKETCH & DESCRIPTION Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89°55'57"E., for 413.73 feet; thence S.00"03'30"W., for 75.55 feet to the Point of Beginning; thence S.70`02'49"E., for 6.96 feet; thence S.62`17'32"E., for 21.53 feet; thence N.44°14'46"E., for 19.35 feet; thence S.61 `15'18"E., for 18.69 feet; thence S.14`44'56"E., for 33.15 feet; thence S.06°12'26"E., for 31.91 feet; thence S.17"09'40"E., for 40.40 feet; thence S.04"06'01 "W., for 53.01 feet; thence S.21 "24'37"E., for 51.42 feet; thence S.33"29'26"E., for 34.23 feet; thence S.68"02'38"W., for 26.83 feet; thence S.32"52'44"W., for 12.93 feet; thence S.49°10'06"E., for 27.53 feet; thence N.89°27'29"W., for 35.95 feet; thence N.50`15'05"W., for 55.39 feet; thence N.03`18'08"E., for 48.26 feet; thence N.17"37'36"E., for 46.40 feet; thence N.16`0522"W., for 35.00 feet; thence N.18`24'52"W., for 35.27 feet; thence N.24`16'02"W., for 17.18 feet; thence N.18"04'04"W., for 39.98 feet; thence N.58"27'19"W., for 53.27 feet; thence N.08`42'15"W., for 19.76 feet; thence S.67`55'15"E., for 18.01 feet; thence S.70"02'49"E., for 33.63 feet to the Point of Beginning. Containing 0.37 acres, more or less. SHEET 2 Cn Z 0 w N0. DATE DESCRIPTION I BY SKETCH & LEGAL DESCRIPTION PROJECT NO. 15001.01 DRAWING# 15001.01-1-2 SCALE N/A y��± 0111 FOREST S BOULEVARD'•� DATDRAES CHECKED /QC FLORIDA 34677 6-30-616 K 0 FIELD CREWW LB �� BOUNDARY-TOPOGRAPHIC-CONSTRUCTION STAKEOUT BK. / PG. i-- N/A N/A PH: (813) 854-1342 SISIRVEY6TAMPABAY.RR.COMSURVEY DATE I N/A SKETCH & DESCRIPTION 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION 1S NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION NS Ilvw_AST LAND SLR&- Q INC' DATE KAVVN 11K 111 FOREST LAKES BOULEVARD CHECKED/GIC K OLDSMAR, FLORIDA 34677 FIELD CREW P LB4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT BK. / PG. P PH: (813) 854-1342 aSURVMTAMPABAY.RR.COM SURVEY DATE P 3"E. � v SHEET SURVEYOR'S,CE,RTIFICATE I hereby certify that the,SUR�Y'dd�iiftG41,here.n was prepared under my RESPONSIBIZ'CHF GE ,oh ,Vim d6te(.$) shown, and meets the STAN$ARD%'Or PRA(;TI`t6iset forth by the FLORIDA BOARD OF PRMSS16NAL WOVEYORS AND 1.IOPERS, in Chapter 5J-17, FLORIDA ADMINIST€3ATIVE CODE pursiydnt to Ssction 472.02 FLORIDA STATUTES. l f (SEAL) l ; 11-10-16 KELLY O. MCCLUNG / x t DATE PROFESSIONAL SURVEYOR and MAPPER W32 ur LINE BI L-1 SAE L-2 S.0" L-3 S.1 E L-4 S.8P L-5 S.2: L-6 S.2: L-7 S.1( L-8 JS.31 L-9 S.2( L-10 1 S.51 L-11 S.3° L-12 S.14 L-13 S.O� L-14 S.12 L-15 S.4< L-16 N.8C L-17 N.01 L-18 N.OE L-19 N15 L-20 S.2, L-21 S.42 L-22 S.4E L-23 N.04 L-24 N.1 £ SKETCH & DESCRIPTION 1. BEARINGS ARE BASED ON THE NORTHERLY UNE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 16 EAST BEING N.89'55'57"E. 2. THERE MAY BE ADDITIONAL EASEMENTS, RESTRICTIONS, AND/OR MATTERS NOT SHOWN ON THIS SURVEY WHICH MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 3. THIS SKETCH AND LEGAL DESCRIPTION 1S NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. THIS IS NOT A BOUNDARY SURVEY. SKETCH & LEGAL DESCRIPTION NS Ilvw_AST LAND SLR&- Q INC' DATE KAVVN 11K 111 FOREST LAKES BOULEVARD CHECKED/GIC K OLDSMAR, FLORIDA 34677 FIELD CREW P LB4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT BK. / PG. P PH: (813) 854-1342 aSURVMTAMPABAY.RR.COM SURVEY DATE P 3"E. � v SHEET SURVEYOR'S,CE,RTIFICATE I hereby certify that the,SUR�Y'dd�iiftG41,here.n was prepared under my RESPONSIBIZ'CHF GE ,oh ,Vim d6te(.$) shown, and meets the STAN$ARD%'Or PRA(;TI`t6iset forth by the FLORIDA BOARD OF PRMSS16NAL WOVEYORS AND 1.IOPERS, in Chapter 5J-17, FLORIDA ADMINIST€3ATIVE CODE pursiydnt to Ssction 472.02 FLORIDA STATUTES. l f (SEAL) l ; 11-10-16 KELLY O. MCCLUNG / x t DATE PROFESSIONAL SURVEYOR and MAPPER W32 SKETCH & DESCRIPTION DESCRIPTION FOR PARCEL 2 Commence at the Northwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East; thence N.89`55'57"E., for 413.73 feet; thence S.00`03'30"W., for 109.74 feet; thence S.16'29'05"E., for 46.95 feet; thence S.03"17'47"W., for 223.24 feet; thence S.15"25'31 "W., for 8.21 feet; thence S.88°06'30"E., for 7.83 feet; thence S.25`04'30"E., for 4.89 feet to the Point of Beginning; thence continue S.25°04'30"E., for 36.22 feet; thence S.10"19'51 "E., for 21.80 feet; thence S.31 "44'02"W., for 38.92 feet; thence S.02`21'38"E., for 48.07 feet; thence S.20°45'55"E., for 18.59 feet; thence S.51 "32'24"E., for 14.78 feet; thence S.35"54'45"E., for 34.83 feet; thence S.14`52'00"E., for 27.95 feet; thence S.14°27'27"E., for 50.79 feet; thence S.05"10'32"E., for 68.51 feet; thence S.09"09'22"E., for 29.85 feet; thence S.12°00'31 "W., for 32.97 feet; thence S.49"41'39"W., for 19.35 feet; thence N.80"24'49"W., for 22.76 feet; thence N.15"41'52"W., for 45.76 feet; thence N.09`24'29"W., for 48.57 feet; thence N.01 "54'27"W., for 34.85 feet; thence N.06"22'21 "W., for 39.19 feet; thence N.15'43'04"W., for 43.56 feet; thence S.27"37'11 "W., for 25.75 feet; thence S.43"33'47"W., for 12.41 feet; thence S.46°47'14"W., for 6.14 feet; thence N.04°59'55"W., for 4.77 feet; thence N.12°56'15"E., for 149.87 feet; thence N.18°43'14"E., for 8.50 feet; thence N.00`29'53"E., for 74.49 feet to the Point of Beginning. Containing 0.36 acres, more or less. SKETCH & LEGAL DESCRIPTION COAST LAW SLR&- Q INC. 111 FOREST LAKES BOULEVARD OLDSMAR, FLORIDA 34677 LB4= BOUNDARY -TOPOGRAPHIC -CONSTRUCTION STAKEOUT PH: (813) 854-1342 SLSURVEYOTAVPABAY.RR.CON .Oa SHEET 2 Armstrong Environmental Deport Page 7 of 8 z:\2014 AutoCAD Projects\1433- Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & Land Use 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx ARMSTRONG ENVIRONMENTAL SERVICES, INC. P.O. Box 518 Safety Harbor, Florida 34695 (727) 726-8896 (FAX) 726-8790 November 10, 2016 Housh Ghovaee, President Northside Engineering Inc. 300 South Belcher Road Clearwater, FL 33765 RE: Revised Environmental Narrative for Montclair Lake Estates, Clearwater, FL Dear Mr. Ghovaee: Attached is the Revised Environmental Narrative for submittal to modify the SWFWMD Environmental Resource Permit (ERP) for the above-mentioned 12+ acre site located at the southwest corner of North Belcher Road and Montclair Road in Clearwater, Florida. Please review the enclosed reports and if you have any questions, please feel free to call. Sincerely, Martin S. Armstrong, Ph.D. President Enclosures cc: Agostino DiGiovanni, DiGiovanni Homes AES File 590-001 PF (CAreports\0590-00 1 -r02a) 1 Armstrong Environmental Services, Inc. Environmental Narrative Montclair Lake Estates 2251 Montclair Road Revised November 10, 2016 INTRODUCTION Armstrong Environmental Services, Inc. (AES) has conducted a protected species survey of a 12 ± acre portion of Folio 06-29-16-00000-230-0200, identified as Montclair Lake Estates located at 2251 Montclair Road, in Clearwater, Pinellas County, Florida. SOILS The site has three soil associations, including the open water category, as identified in the Pinellas County Soil Survey (see attached soils map from Natural Resource Conservation Service): Myakka soils and urban land (#17): This soil association was formerly known as Myakka fine sand (My) in the 1972 Pinellas County Soil Survey. Identified as a nearly level, poorly drained soil on broad flats between sloughs and swamps, the water table is normally at a depth of 10 to 30 inches; it rises to the surface for a short time during wet periods and falls below 30 inches during extended dry periods. Tavares soils and Urban land, 0 to 5 percent slopes #29): This soil association was formerly known as Astatula fine sand, moderately deep water table (As) in the 1972 Pinellas County Soil Survey. Identified as a nearly level to gently sloping sandy sol on low ridges and isolated knolls, this soil has a water table at a depth of 40 to 60 inches for more than 6 months most years; rises above 40 inches for a short time during wet periods and falls below 60 inches during extended dry periods. Water (#99): Inundated open water areas. These areas have a permanent pool year round. The primary open water area is Beckett Lake. The other open water areas on the site were excavated from the Myakka soils (man-made surface waters) from before 1951 to 1965, as evidenced from historical aerial photography. EXISTING CONDITIONS — HABITAT AND VEGETATION This site was put into citrus production prior to 1951. Sometime between 1965 and 1967, the western portion of the site was converted to an ornamental horticultural plant nursery. This nursery was recently abandoned and the plants and surface irrigation system has been removed from the site over the past year. Please refer to the attached Habitat - FLUCCS Map for the location of the, following land uses identified according to the Florida Land Use Cover Classification System (FLUCCS). FLUCCS 240 — Nurseries and Vineyards: This category is composed of nurseries, floricultural areas and seed -and -sod areas used perennially and generally not rotated with other uses. The sparse overstory of the Nursery is primarily located on the periphery and includes a few live oak (Quercus virginiana), laurel oak (Quercus laurifolia), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), sweetgum (Liquidambar stvraciflua), and a huge yew plum vine (Podocarpus macrophyllus) hedge along Belcher and Montclair Roads. The areas surrounding the FLUCCS 641 (herbaceous marsh) areas are dominated by Senegal Date Palms (Phoenix reclinata), with a few loblolly bay (Gordonia lasianthus), southern magnolia (Magnolia grandiflora), Australian umbrella tree (Schefflera actinophylla), and other exotic cultivars. The understory is dominated by bahia grass (Paspalum notatum), common bermuda (Cynodon dactylon), beggartick (Bidens (C:\reports\0590-001-r02a) 2 Armstrong Environmental Services, Inc. alba), frogfruit (Lippia nodiflora), dogfennel (Eupatorium capillifolium), broomsedge (Andropogon sp.), smutgrass (Panicum sp.), dayflower (Commelina diusa), American black nightshade (Solanum americanum), creeping oxeye (Wedelia trilobata), mexican petunia (Reullia sp.), carpetgrass (Axonopus sp.) and various sedges (Cyperus sp.). The ground cloth was recently removed and invader species have begun to become established throughout the uplands. FLUCCS 524 — Lakes less than 10 acres: The edge of Beckett Lake and an isolated man-made waterbody on the north side of the project are the two open -water areas found on the site. The dominant vegetation in these areas are typically floating -leaved aquatics such as water hyacinth (Eicchornia crassipes), duckweed (Lemna minor), water fern (Azolla caroliniana), and water spangles (Salvinia minima). Some littoral vegetation such as alligatorweed (Alternanthera philoxeroides), primrose willow (Ludwigia peruviana), cattail (Typha latifolia), and torpedo grass (Panicum repens) maybe present in sparse coverage. FLUCCS 641 — Herbaceous Marsh: Two areas of this FLUCCS code are found on the site; the northern area is basically a drainage area that has been surrounded by Phoenix reclinata with an understory of American evergreen (Syngonium podophyllum), water pennywort (Hydrocotyle umbellata), St. Augustine grass (Stenotaphrum secundatum), nightshade, and elderberry (Sambuscus canadensis). PROTECTED SPECIES SURVEY: AES conducted pedestrian transects throughout the site to determine the presence or potential presence of State and Federally Listed Species (endangered, threatened and/or species of special concern) such as the bald eagle, Sherman fox squirrel, scrub jay, blue indigo, gopher tortoise, scrub jay, listed wading bird species and/or bird rookeries and the southeastern American Kestrel. AES referred to the FWC's "Florida's Endangered and Threatened Species" publication (updated January 2013). Please note that no protected species were observed on the site during the field work which was conducted in March and May of 2015. AES consulted the Florida Fish and Wildlife Conservation Commission (FWC) Waterbird Locator, Bald Eagle Locator, and the Florida Natural Areas Inventory (FNAI) Biodiversity Matrix. The FWC Bald Eagle Locator indicated nine (9) Bald Eagle Nests have been identified within a 5 - mile radius of the site, identified with a blue marker on the map below. The nearest bald eagle nest, PI 020, is located 2.14 miles northwest of the subject site. Therefore, we can conclude that development of the subject site will not have any impact on any of this bald eagle nests primarily due to the distance to the site. No waterbird colonies have been documented on the site from FWC; the closest waterbird colony is located on Alligator Lake, 2.75 miles southeast of the site. The FNAI Biodiversity Matrix did not identify any known protected species occurrences on or adjacent to this site. Please note that no protected species (endangered, threatened or species of special concern) as listed by the US Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWC) were observed on the property during the field work, nor do we anticipate any protected species utilization of the habitats on the site due to the previous impacts to this site. RECOMMENDATIONS: The proposed site plan indicates the entire upland community of the property will be developed as a multi -family residential development. The lack of any protected species utilization on the site indicates there will be no impacts to protected species with the proposed development. PROPOSED WETLAND IMPACTS (C:\reports\0590-001-r02a) 3 Armstrong Environmental Services, Inc. The proposed wetland impacts consist of the following (see plans for area identification). Wetland Impact 1 (SW -B, 0.35 acres of fill proposed): Fill the existing upland -cut, isolated, surface water. FLUCCS 524: open water. No mitigation required. Wetland Impact 2 (SW -C, 0.37 acres of fill proposed): Fill the existing isolated surface water: FLUCCS 641: herbaceous. Exempt, No mitigation required. Please note that 0.03 acres of this wetland are located off-site; allowing this area to remain after the construction would not allow adequate habitat to remain for wetland dependant species, but rather provide a breeding hole for mosquitoes. TOTAL WETLAND IMPACT: 0.72 acres of surface waters. (CAreports\0590-001-r02a) 4 Armstrong Environmental Services, Inc. TABLE ONE: PROJECT WETLAND AND OTHER SURFACE WATER SUMMARY: Montclair Lake Estates, S -T -R 06 -29S -16E, Pinellas County WL & SW WL & WL & WL & SW TEMPORARY WL & SW PERMANENT WL & SW MITIGATION ID SW SW SIZE NOT IMPACTS IMPACTS AREA ID TYPE Impacted WL & SW IMPACT IMPACT WL & SW IMPACT IMPACT TYPE SIZE TYPE TYPE SIZE TYPE SW -A 524 0.23 ac. 0.23 ac. SW -B* 524 & 641 0.61 ac. 0.26 ac. 524 0.35 ac. Fill Exempt SW -C* 641 0.37 ac.** 0.00 ac. 641 0.37 ac. Fill Exempt PROJECT TOTALS 1.21 ac. 0.49 ac. 0.72 ac. WL = Wetland, SW = Other Surface Water, ID = Identification number, letter, etc., * = Exempt Wetland Wetland Type: from the Florida Land Use and Cover Classification System (FLUCCS): 510 = Streams; 617 = Mixed Forested Wetlands; 621 = Cypress Wetlands; 631 = Wetland Scrub; 641 = Freshwater Marshes Impact Type: D=Dredge; F = Fill; H = change hydrology; S = shading; C = clearing; O = other ** = includes 0.03 ac of isolated wetland offsite. SW -A SW -B — Wetland Impact 1 - SW -C — Wetland Impact 2 - Survey Parcel 2 Survey Parcel 1 (C:\reports\0590-001-r02a) 5 Armstrong Environmental Services, Inc. SWFWMD Permit Approval and Amendment Page 8 of 8 Z:\2014AutoCADProjects\1433-Montclair Lake Estates -Gus DiGiovanni\Out\All 2016 sent out\City Review\Out to City Rezoning & LandUse 11.10.2016\01d Landuse\Letter of Transmittal for Land Use 11.01.2016.docx November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Minor Modification Project Name: App ID/Permit No County: Letter Received: Expiration Date: Sec/Twp/Rge: Dear Permittee(s): Montclair Lakes Estates 736457/43034349.003 Pinellas October 27, 2016 November 01, 2021 S06/T29S/R16E The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division cc: Donald Fairbairn, P.E., Northside Engineering, Inc. 2379 Broad Street, Brooksville, Florida 34604-6899 C /y OXY Water Management (352) 796-7211 or 1-800-423-1476 (FL only) District r SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Minor Modification Project Name: App ID/Permit No County: Letter Received: Expiration Date: Sec/Twp/Rge: Dear Permittee(s): Montclair Lakes Estates 736457/43034349.003 Pinellas October 27, 2016 November 01, 2021 S06/T29S/R16E The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit modification. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division cc: Donald Fairbairn, P.E., Northside Engineering, Inc. November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Minor Modification 2379 Broad Street, Brooksville, Florida 34604-6899 Project Name: Montclair Lakes Estates App ID/Permit No: 736457 / 43034349.003 mater Management District (352) 796-7211 or 1-800-423-1476 (FL only) F October 27, 2016 SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): On the Internet at: WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or 1-800492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) November 01, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Minor Modification Project Name: Montclair Lakes Estates App ID/Permit No: 736457 / 43034349.003 County: Pinellas Letter Received: October 27, 2016 Expiration Date: November 01, 2021 Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit modification. Based upon a review of the information you submitted, the application is approved. This modification to Permit No. 43034349.002 authorizes the following: 1. The addition of 0.12 acre of impact within Wetland #1. The additional impact authorized by this modification will not require mitigation pursuant to pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. 2. The Engineer -of -Record has demonstrated that there will be no floodplain impacts due to the proposed surface water impacts. The stormwater conveyance will be maintained in the proposed conditions. 3. All other terms and conditions of Construction Permit No. 43034349.002, dated June 20, 2016, and entitled Montclair Lakes Estates apply. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.orct/permits. App ID/Permit No:736457 / 43034349.003 Page 2 November 01, 2016 The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.orq/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, David Kramer, P.E. Manager Environmental Resource Permit Bureau Regulation Division Enclosures: Notice of Rights cc: Donald Fairbairn, P.E., Northside Engineering, Inc. Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.orq/permits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.orq/about. JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. 4 June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee 2379 Broad Street, Brooksville, Florida 34604-6899 Dater Management District (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 Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 Employer (863) 534-1448 or (941) 377-3722 or (813)85 7481 or 1-800-492-7862 (FL only) (FL only) 1-800-320-3503 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Intended Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) has completed its review of the application for Environmental Resource Permit. Based upon a review of the information you have submitted, the District hereby gives notice of its intended approval of the application. The File of Record associated with this application can be viewed at http://wwwl8.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637. If you have any questions or concerns regarding the application or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. 2379 Broad Street, Brooksville, Florida 34604-6899 Water Management (352) 796-7211 or 1-800-423-1476 (FL only) District SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at., WaterMatters.org Bartow Service Office Sarasota Service Office Tampa Service Office An Equal 170 Century Boulevard 6750 Fruitville Road 7601 Highway 301 North Opportunity Bartow, Florida 33830-7700 Sarasota, Florida 34240-9711 Tampa, Florida 33637-6759 (863) 534-1448 or (941) 377-3722 or (813) 985-7481 or Employer 1-800-492-7862 (FL only) 1-800-320-3503 (FL only) 1-800-836-0797 (FL only) June 20, 2016 Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 Subject: Notice of Agency Action - Approval ERP Individual Construction Project Name: Montclair Lakes Estates App ID/Permit No: 721316 / 43034349.002 County: PINELLAS Sec/Twp/Rge: S06/T29S/R16E Dear Permittee(s): The Southwest Florida Water Management District (District) is in receipt of your application for the Environmental Resource Permit. Based upon a review of the information you submitted, the application is approved. Please refer to the attached Notice of Rights to determine any legal rights you may have concerning the District's agency action on the permit application described in this letter. If approved construction plans are part of the permit, construction must be in accordance with these plans. These drawings are available for viewing or downloading through the District's Application and Permit Search Tools located at www.WaterMatters.org/permits. The District's action in this matter only becomes closed to future legal challenges from members of the public if such persons have been properly notified of the District's action and no person objects to the District's action within the prescribed period of time following the notification. The District does not publish notices of agency action. If you wish to limit the time within which a person who does not receive actual written notice from the District may request an administrative hearing regarding this action, you are strongly encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Publishing notice of agency action will close the window for filing a petition for hearing. Legal requirements and instructions for publishing notices of agency action, as well as a noticing form that can be used, are available from the District's website at www.WaterMatters.org/permits/noticing. If you publish notice of agency action, a copy of the affidavit of publication provided by the newspaper should be sent to the District's Tampa Service Office for retention in this permit's File of Record. App ID/Permit No:721316 / 43034349.002 Page 2 June 20, 2016 If you have any questions or concerns regarding your permit or any other information, please contact the Environmental Resource Permit Bureau in the Tampa Service Office. Sincerely, Michelle K. Hopkins, P.E. Bureau Chief Environmental Resource Permit Bureau Regulation Division Enclosures: Approved Permit w/Conditions Attached As -Built Certification and Request for Conversion to Operation Phase Notice of Authorization to Commence Construction Notice of Rights cc: U. S. Army Corps of Engineers DiGiovanni Homes Donald Fairbairn, P.E., Northside Engineering, Inc. Housh Ghovaee SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE 'INDIVIDUAL CONSTRUCTION PERMIT NO. 43034349.002 EXPIRATION DATE: June 20, 2021 PERMIT ISSUE DATE: June 20, 2016 This permit is issued under the provisions of Chapter 373, Florida Statutes, (F.S.), and the Rules contained in Chapter 62-330, Florida Administrative Code, (F.A.C.). The permit authorizes the Permittee to proceed with the construction of a surface water management system in accordance with the information outlined herein and shown by the application, approved drawings, plans, specifications, and other documents, attached hereto and kept on file at the Southwest Florida Water Management District (District). Unless otherwise stated by permit specific condition, permit issuance constitutes certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341. 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: Montclair Lakes Estates GRANTED TO: Montclair Lake Townhomes, LLC Attn: Agostino (Gus) DiGiovanni 175 Bayside Drive Clearwater, FL 33767 OTHER PERMITTEES: N/A ABSTRACT: This permit is for the construction of a stormwater management system serving an 11.17 acre residential project. This permit includes the construction of 10 townhome buildings (60 units), 13 duplex buildings (26 units), amenity area, internal roadway, parking and associated stormwater management system. The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater pond via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. This permit is issued based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. Also, all wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. The project is located at the southwest corner of the intersection of North Belcher Road and Montclair Road in Pinellas County. OP. & MAIN. ENTITY: Montclair Lake Homeowners Association, Inc. OTHER OP. & MAIN. ENTITY: N/A COUNTY: PINELLAS SEC/TWP/RGE: S06/T29S/R16E TOTAL ACRES OWNED OR UNDER CONTROL: 23.69 PROJECT SIZE: 11.17 Acres LAND USE: Residential DATE APPLICATION FILED: November 24, 2015 AMENDED DATE: N/A I. Water Quantity/Quality POND No. Area Acres @ Top of Bank Treatment Type 1 1.22 MAN-MADE WET DETENTION Type Total: 1.22 Wetland #1 0.37 Water Quantity/Quality Comments The project lies within the drainage basin of an impaired water body (WBID 1603C — Beckett Lake). Therefore, water quality certification is waived as a condition of this permit. Water quality treatment, for net improvement, will be provided in the stormwater ponds via permanent pool wet detention. The Engineer -of -Record (EOR) has demonstrated that the post -development 25 -year, 24-hour discharge rate will be limited to the pre -development 25 -year, 24-hour discharge rate. The elevation datum used for this project is NAVD 88. A mixing zone is not required. A variance is not required. 11. 100 -Year Floodplain Encroachment Compensation Compensation Encroachment (Acre -Feet of fill) (Acre -Feet of Type Result* (feet) Wetland #1 0.37 excavation 0.25 0.00 0.54 0.57 Equivalent Excavation N/A Floodplain Comments The proposed activities encroach on the 100 -year floodplain. Floodplain compensation is provided in the floodplain mitigation area through equivalent excavation. *Depth of change in flood stage (level) over existing receiving water stage resulting from floodplain encroachment caused by a project that claims Minimal Impact type of compensation. 111. Environmental Considerations Wetland/Other Surface Water Information Wetland/Other Total Surface Acres Water Name Not Impacted Acres Permanent Impacts TemDorary Impacts Acres Functional Loss* Acres Functional I Loss* Wetland #1 0.37 0.12 0.25 0.00 0.00 0.00 Wetland #2 0.60 0.25 0.35 0.00 0.00 0.00 Total: 0.97 0.37 0.60 0.00 0.00 0.00 * For impacts that do not require mitigation, their functional loss is not included. Wetland/Other Surface Water Comments: Wetlands are not located within the project area for this ERP; however, there are 0.97 acre of other surface water features, consisting of 0.37 acre of ditches (FLUCCS 510) and 0.6 acre of ponds (FLUCCS 534), located within the project area. Permanent filling impacts to 0.6 acre of the project surface waters will occur for the construction of a multifamily residential facility with associated roadways, parking, and surface water management system. Mitigation Information Mitigation Comments: Wetland mitigation will not be required for permanent filling impacts to 0.35 acre of ponds pursuant to Section 10.2.2. of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Section, wetland mitigation is not required for impacts that have been determined to be de minimis to fish, wildlife and listed species. Wetland mitigation is not required for permanent filling impacts to 0.25 acre of upland cut ditches pursuant to Subsection 10.2.2.2 of the Applicants Handbook Volume I (A.H.V.I.) for Environmental Resource Permit Applications. Under this Subsection, wetland mitigation is not required for impacts to drainage ditches that were constructed in uplands and do not provide significant habitat for threatened or endangered species and were not constructed to divert natural stream flow. Specific Conditions 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 may be terminated, unless the terms of the permit are modified by the District or the permit is transferred pursuant to Rule 40D-1.6105, 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. The Permittee shall retain the design professional registered or licensed 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 design professional so employed. This information shall be submitted prior to construction. 3. The following boundaries, as shown on the approved construction drawings, shall be clearly delineated on the site prior to initial clearing or grading activities: wetland and surface water areas limits of approved surface water impacts The delineation shall endure throughout the construction period and be readily discernible to construction and District personnel. 4. All wetland and surface water boundaries shown on the approved construction drawings shall be binding upon the Permittee and the District for the term of this permit. If this permit is extended, the wetland and surface water boundaries shall only remain binding for the term of such extension provided that physical conditions on the property, as solely determined by District staff, do not change so as to alter the boundaries of the delineated wetlands or other surface waters during the permit term, unless such change has been authorized by a permit issued under Part IV, Chapter 373, F.S. 5. Rights-of-way and easement locations necessary to construct, operate and maintain all facilities, which constitute the permitted stormwater management system, and the locations and limits of all wetlands, wetland buffers, upland buffers for water quality treatment, 100 -year floodplain areas and floodplain compensation areas, shall be shown on the final plat recorded in the County Public Records. Documentation of this plat recording shall be submitted to the District with the As -Built Certification and Request for Conversion to Operational Phase Form, and prior to beneficial occupancy or use of the site. Copies of the following documents in final form, as appropriate for the project, shall be submitted to the Regulation Division: 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 with the submittal of the Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity form. 7. The following language shall be included as part of the deed restrictions for each lot: "Each property owner within the subdivision at the time of construction of a building, residence, or structure shall comply with the construction plans for the stormwater management system approved and on file with the Southwest Florida Water Management District." 8. All lots abutting wet detention ponds shall have the following language (or similar language as approved in writing by the District Service Office that services this permit), as part of the deed restrictions: "The lot owners shall not remove native vegetation (including cattails) that becomes established within the wet detention ponds abutting their property. Removal includes dredging, the application of herbicide, cutting, and the introduction of grass carp. Lot owners shall address any questions regarding authorized activities within the wet detention ponds to SWFWMD." Certification of compliance with state water quality standards under Section 401 of the Clean Water Act, 33 U.S.C. 1341 is waived. 10. If limestone bedrock is encountered during construction of the stormwater management system, the District must be notified and construction in the affected area shall cease. 11. The Permittee shall notify the District of any sinkhole development in the stormwater management system within 48 hours of discovery and must submit a detailed sinkhole evaluation and repair plan for approval by the District within 30 days of discovery. 12. The Permitted Plan Set for this project includes: the set received by the District on June 13, 2016. 13. The operation and maintenance entity shall provide for the inspection of the permitted project after conversion of the permit to the operation and maintenance phase. For systems utilizing retention or wet detention, the inspections shall be performed five (5) years after operation is authorized and every five (5) years thereafter. The operation and maintenance entity must maintain a record of each inspection, including the date of inspection, the name and contact information of the inspector, whether the system was functioning as designed and permitted, and make such record available upon request of the District. Within 30 days of any failure of a stormwater management system or deviation from the permit, an inspection report shall be submitted using Form 62-330.311(1), "Operation and Maintenance Inspection Certification" describing the remedial actions taken to resolve the failure or deviation. 14. District staff must be notified in advance of any proposed construction dewatering. If the dewatering activity is likely to result in offsite discharge or sediment transport 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 4013-2, F.A.C. 15. 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. 16. The permittee shall complete construction of all aspects of the stormwater 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 6 served by this system. 17. The following 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. 18. All stormwater 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 offsite property. 19. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the 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 permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of that phase or portion of the system to a local government or other responsible entity. 20. 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 constitute 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. 21. A "Recorded notice of Environmental Resource Permit," Form No. 62-330.090(1), shall be recorded in the public records of the County(s) where the project is located. 22. This permit is issued, based on the Florida Department of Environmental Protection's (FDEP) approval of the methods for treating the contaminated soils. Once the Interim Source Removal activities are complete, a Site Assessment Status Report and proposal for no further assessment is required to be submitted to FDEP. 23. All wells located within the site shall have the obstructions cleared prior to plugging, and shall be abandoned as required by Rule 40D-3, F.A.C. 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. Michelle K. Hopkins, P.E. Authorized Signature EXHIBIT A GENERAL CONDITIONS: 1 The following general conditions are binding on all individual permits issued under this chapter, except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate, project -specific conditions. a. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule 62-330.315, F.A.C., or the permit may be revoked and the permittee may be subject to enforcement action. b. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. C. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(8)(b)5, F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice,"[effective date], incorporated by reference herein (<http //www.fIrules.org/Gateway/reference.asp?No=Ref-02505> ), indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. e. Unless the permit is transferred under Rule 62-330.340, F.A.C., or transferred to an operating entity under Rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: 1. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex - "Construction Completion and Inspection Certification for Activities Associated with a Private Single -Family Dwelling Unit" [Form 62-330.310(3)]; or 2. For all other activities - "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. 3. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. g. If the final operation and maintenance entity is a third party: 1. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.3 of Volume 1) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. 2. Within 30 days of submittal of the as- built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity' [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. h. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. This permit does not: 1. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; 2. Convey to the permittee or create in the permittee any interest in real property; 3. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or 4. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. k. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. The permittee shall notify the Agency in writing: 1. Immediately if any previously submitted information is discovered to be inaccurate; and 2. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. M. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. n. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section 872.05, F.S. (2012). o. 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 considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.201, F.A.C., provides otherwise. p. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. q. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. r. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. 2. In addition to those general conditions in subsection (1) above, the Agency shall impose any additional project - specific special conditions necessary to assure the permitted activities will not be harmful to the water resources, as set forth in Rules 62-330.301 and 62-330.302, F.A.C., Volumes I and II, as applicable, and the rules incorporated by reference in this chapter. 10 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF AUTHORIZATION TO COMMENCE CONSTRUCTION Montclair Lakes Estates PROJECT NAME Residential PROJECT TYPE PINELLAS COUNTY S06/T29S/R16E SEC(S)/TWP(S)/RGE(S) Montclair Lake Townhomes, LLC PERMITTEE See permit for additional permittees APPLICATION ID/PERMIT NO: 721316 / 43034349.002 DATE ISSUED: June 20, 2016 4 Michelle K. Hopkins, P.E. Issuing Authority THIS NOTICE SHOULD BE CONSPICUOUSLY DISPLAYED AT THE SITE OF THE WORK 11 Notice of Rights ADMINISTRATIVE HEARING You or any person whose substantial interests are or may be affected by the District's intended or proposed action may request an administrative hearing on that action by filing a written petition in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Unless otherwise provided by law, a petition for administrative hearing must be filed with (received by) the District within 21 days of receipt of written notice of agency action. "Written notice" means either actual written notice, or newspaper publication of notice, that the District has taken or intends to take agency action. "Receipt of written notice" is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. 2. Pursuant to Subsection 373.427(2)(c), F.S., for notices of intended or proposed agency action on a consolidated application for an environmental resource permit and use of state-owned submerged lands concurrently reviewed by the District, a petition for administrative hearing must be filed with (received by) the District within 14 days of receipt of written notice. 3. Pursuant to Rule 62-532.430, F.A.C., for notices of intent to deny a well construction permit, a petition for administrative hearing must be filed with (received by) the District within 30 days of receipt of written notice of intent to deny. 4. Any person who receives written notice of an agency decision and who fails to file a written request for a hearing within 21 days of receipt or other period as required by law waives the right to request a hearing on such matters. 5. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing. 6. A request or petition for administrative hearing must comply with the requirements set forth in Chapter 28-106, F.A.C. A request or petition for a hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's intended action or proposed action, (2) state all material facts disputed by the person requesting the hearing or state that there are no material facts in dispute, and (3) otherwise comply with Rules 28-106.201 and 28-106.301, F.A.C. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/Dermits/rules. 7. A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand -delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand -delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North,Tampa,FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about. 12 JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, F.S., a party who is adversely affected by District action may seek judicial review of the District's action. Judicial review shall be sought in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. 2. All proceedings shall be instituted by filing an original notice of appeal with the District Agency Clerk within 30 days after the rendition of the order being appealed, and a copy of the notice of appeal, accompanied by any filing fees prescribed by law, with the clerk of the court, in accordance with Rules 9. 110 and 9.190 of the Florida Rules of Appellate Procedure (Fla. R. App. P.). Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal. 13 x'509- {�''� CITY OF CLEARWATER PL UN;�ING &vEVELOPMENT vr�AR7'MENT Pos r Ornc E Boa 4748, CIEARVC'AI'ER, FLOxmA 33758-4748 + '�BL/SNED�q,1r, MUNicimt SERVICES BUILDING, 100 SOUM-I MYRTLE AVENUE, CLEARwATER, FwRmA 33756 TELFPH()NF, (727) 562-4567 FAX (727) 562-4865 DRAFT ACTION AGENDA DEVELOPMENT REVIEW COMMITTEE Thursday, January 05, 2017 8:30 - Staff Review 9:00 AM Case number: LUP2016-08008 -- 2251 MONTCLAIR _RD Owner(s): Montclair Lake Townhomes Llc 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: No email Applicant: Montclair Lake Townhomes 175 Bayside Dr Clearwater, FL 33767-2502 PHONE: (727) 797-8972, Fax: No fax, Email: Gus@d ig iova nni homes Representative: Housh Ghovaee Northside Engineering 300 S Belcher Road Clearwater, FL 33765 PHONE: (727) 709-0943, Fax: (727) 446-8036, Email: Housh@northsideengineering.Net; Sandy@northsideengineering.Net Location: 0.72 acre portion of a property located on the south side of Montclair Road approximately 770 feet west of N Belcher Road. Atlas Page: 254A Zoning District: Medium High Density Residential Request: This case involves a request to amend the Future Land Use Map designation of a 0.72 acre portion of a property from Preservation (P) to Residential Medium (RM). Proposed Use: Neighborhood Association(s): Clearwater Neighborhood Coalition College Park Presenter: Ellen Crandall, Senior Planner 1/5/2017 1 DRC ActionAgenda lQuAL Etipmy,' iuw A;vD AFFIRMATIVE AmON EmpmiTR° WN -i OF CLEAR�'WATER �� r PUNNING & DEVELOPMENT DEPARTMENT � 2 POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 y+'OBIISHEONgf1�Jb MuNx:lPkl, SERVICES BuiLDINO, 100 SOUTH MYRTLE AVEtiLT,, CLEARWATER, FLORIDA 33776 ..�„+ TELF.PHCYNE (727) 562-4567 FAX (727) 562-4865 Workflow: Review Name: Task Status.....'.Status. Date Last Name Determination of Completeness Complete 08/05/2016 Matzke Awaiting Re -Submittal Return to DRC 11/03/2016 Hauck -Baker Harbor Master Review No Review Required 12/01/2016 Crandall Planning Review Comments 12/01/2016 Crandall Fire Review No Review Required 12/17/2016 Schultz Parks and Rec Review No Comments 12/21/2016 Reid Environmental Review No Comments 12/22/2016 Kessler Traffic Eng Review No Comments 12/22/2016 Elbo Stormwater Review No Comments 12/22/2016 Bawany Engineering Review No Comments 12/23/2016 Simpson Land Resource Review No Review Required 12/29/2016 Crandall Solid Waste Review No Review Required 12/29/2016 Crandall Route to Meeting Ready for DRC 12/29/2016 Crandall The DRC reviewed this application with the following comments: Environmental Review Prior to issuance of site building permit: Provide assurance that fill or other development activities will not impact Preservation areas beyond the property line. **SEE PAGE 7 ON DOCUMENT. Please acknowledge, SEK 12/29/16 Planning Review The Future Land Use Plan Designation to the south of the southern most tract of wetland is Water. Prior to CDB submittal correct on the application and site plan. **SEE PAGE 6 ON DOCUMENT. 1/5/2017 2 DRC ActionAgenda lQL:AL EmPI.oyNtENT AND AFF.IRA!AmT AC, ON BIPLOYER” ,W CITY OF CLEARWATER. PLAINKING & llEVEI.oPMFNT DuARTMENT Po -r Ofiei(s Box 4748, CLEARVIA7ER, FLORIDA 33758-4748 1q`�rb WNt iCIP.0 SERVICES BunDING, 100 SOL ni MYRTLE AVENUE, CLEARWATER, FLoRIDA 33756 DixpHoNE (727) 562-4567 FAX (727) 562-4865 Planning Review In the first response to the Comprehensive Plan Amendment Criteria a development of eighty six (86) units is referenced. The subject site currently has active building permits for phase one with 60 dwelling units. A phase two of 26 is referenced however it is not permitted nor approved. This application will in fact allow for phase two with additional dwelling units which have not been approved. A development of 86 dwelling units has not been approved. Prior to CDB correct the statements referring to approved development of dwelling units. **SEE PAGE 14 ON DOCUMENT. Planning Review In the first response to the Comprehensive Plan Amendment Criteria an improved site plan is referenced. Clearly detail and describe the improved site plan that this proposal will allow. **SEE PAGE 14 ON DOCUMENT. Planning Review In the first response to the Comprehensive Plan Amendment Criteria the proposed change is stated as increasing the allowable density of the property by 14 dwelling units. This in incorrect. At 15 dwelling units per acre for 0.72 acres will increase the density by ten (10) units. Prior to CDB submittal correct dwelling unit numbers. **SEE PAGE 14 ON DOCUMENT. Planning Review This previous comment from 8/23/16 was not sufficiently addressed: The amendment does increase density and therefore development potential on the site. What is stated as a response is not entirely accurate. Response should address utilities and capacity of roadway and how those might be affected by the additional units allowed by the amendment. Prior to CDB submittal revise. **SEE PAGE 16 ON DOCUMENT. Planning Review Through the Land Use Plan Amendment Process the maximum development potential for the proposed land use designation is reviewed. Stating that the site will be developed with a set number of townhouses and will not utilize the full development potential of the proposed land use change is not legally binding or enforceable. This process is not a development agreement or approved site plan for construction. Limiting or approving the development of eighty six townhouses is not part of this application nor is it justification of the proposed Land Use change. **SEE PAGE 16 ON DOCUMENT. Planning Review Item six would be the appropriate place to discuss the improved site plan. **SEE PAGE 17 ON DOCUMENT. Planning Review This comment from 8/23/2016 was not addressed. Portions of the parcel adjacent to the north also contain areas designated as Preservation on the City's Future Land Use Map and those areas are connected to the Subject area proposed to be amended and intended to be filled/impacted under the SWFWMD permit. Please explain how this will not adversely affect the area designed Preservation located on parcel 06-29-16-00000-230-0100. This is also applicable to the southern portion. Prior to CDB submittal clarify how the adjacent areas to remain Preservation will be protected. **SEE PAGE 17 ON DOCUMENT. Planning Review The Future Land Use of the area to the south is Water, not Preservation. Prior to CDB submittal correct the Future Land Use designation on the site plan. **SEE PAGE 19 ON DOCUMENT. Planning Review The Future Land Use Plan Designation for the property to the south is Water, not Preservation. Correct prior to CDB submittal. **SEE PAGE 55 ON DOCUMENT. Planning Review The Future Land Use designation for the property to the south is Water not Preservation. Prior to CDB submittal correct site plan future land use designations. **SEE PAGE 59 ON DOCUMENT. 1/5/2017 "EQUAL ENIPLOYNIENTT AND AFFIRhiATRTAcno.x51PLOM" DRC ActionAgenda CITY OF CLEARWATER 4ir,�9Pt �f" � PLNwc. & DEVELOPMENT DETARTMENT pe___-. vi A:Y q� ab Posr.Omci Boa 4748, CLEARVCA7ER,. FLORIDA 33758-4748 �~+ 4etts► u�q.5�,� rm Mucmu SERVICES BuRDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORmA 33756 t TELEPHONE (727) 562-4567 FAX (727) 562-4865 Planning Review See previous comments to the Comprehensive Plan Amendment Criteria and revise this section also. **SEE PAGE 60 ON DOCUMENT. Planning Review There is a portion of Preservation Zoning District and Preservation Future Land Use to remain directly to the west of the northern wetland and along the western property line. Accurately show this on the site plan. **SEE PAGE 19 ON DOCUMENT. 1/5/2017 4 DRC_ActionAgenda °EQUAL E tPLOYMFNIT AND t1FFwiAI [ -E AcnON btPLOYEP�° Legal Description: A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida; thence N00°34'41 "W, along the West line of said Southwest 1/4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), for 1347.52 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89°55'41 "E, along the North line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Right—of—Way line of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Commission Minute Book 5, page 60, of the Public Records of Pinellas County, Florida, for 413.77 feet to the POINT OF BEGINNING; thence continue N89°55'41 "E, along said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, some being said South Right—of—Way line of Montclair Road, according to Board of County Commission Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, of the Public Records of Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, S00°27'47"W, for 16.88 feet to the point of intersection with a non—tangent curve, concave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N00°27'48"E, having a radius of 210.00 feet, a central angle of 30°45'41 an arc length of 112.75 feet, and a chord bearing S74°09'22"E for 111.40 feet to the point of tangent; (3) thence S58°46'31 "E, for 92.56 feet; thence leaving said Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, S11°58'56"E, along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4715, page 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersection with the Westerly Right—of—Way line of Belcher Road (County Road 94) according to said Official Records Book 4609, page 203; thence S34°48'39"W, along said Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6) courses along the Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 8312, page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39°16'15"W, for 276.32 feet; (2) thence S34°48'34"W, for 81.44 feet; (3) thence N55011'26"W, for 27.00 feet; (4) thence S34°48'34"W, for 80.00 feet; (5) thence S55°11'26"E, for 27.00 feet; (6) thence S34°48'34"W, for 129.62 feet to the point of intersection with the Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to said Official Records Book 8312, page 1478; thence S70° 16' 12"W, along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, for 53.95 feet to the point of intersection with a non—tangent curve, concave Northerly; thence Westerly along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page' 1478, along the arc of said curve, from a radial bearing of S00°08'56"E, having a radius of 34,120.10 feet, a central angle of 00°06'50", an arc length of 67.80 feet, and a chord bearing S89°54'28"W for 67.80. feet to the point of intersection with a non—tangent line; thence leaving said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50°10'18"E, for 35.77 feet; thence N55°37'03"E, for 34.61 feet; thence N44°39'02"E, for 27.73 feet; thence N70°38'26"E, for 35.22 feet; thence S65°03'37"E, for 17,00 feet; thence N58°38'47"E, for 24.23 feet; thence N41°52'55"E, for 45.45 feet; thence S55°11'27"E, for 2.64 feet; thence N34°48'34"E, for 14.46 feet; thence N55°11'26"W, for 27.00 feet; thence N34°48'34"E, for 90.00 feet; thence NO3°03'00"W, for 36.68 feet; thence N25°31'10"W, for 119.04 feet; thence N34°51'01 "W, for 207.11 feet; thence N 29°18'08"W, for 86.82 feet; thence N47°36'09"E, for 130.01 feet; thence N15°28'18"E, for 217.95 feet; thence NO3°16'38"E, for 223.16 feet; thence N16°25'32"W, for 46.91 feet; thence N00°00'00"E, for 109.72 feet to the POINT OF BEGINNING. EOGs C)F PAVEM CV N 'E' CURB LEGEND -FIX. TY LINE WETLAND LINE REZONE TO MHDR AMEND LAND USE TO RES. MED. EX. ZONING: P , PROPOSED: MHDR EX : LAND USE: P , PROPOSED RES. MED. (SEE A TTA CHED FOR LEGAL DESCRIPTION) WETLAND & PROPERTYLINE ZONING: MHDR FL U.- RM AREA = 15,62 5 S.F. 0.35 ACRES.( SW -B) PROPERTYLINE (SEE PARCEL 2 SKETCH & DESCRIPTION ATTACHED) nFF .C'TTP .#' I a% tip! J. ZONE.,_! SER FP1 FLU.-,- WATER i w r 5 34-46'39"W 81.45' (NA) 81.44' ue�a,s■ BACK C FCC EX. WETLAND TO REMAIN (SW -A) 5 3916'46:'W 276.29' (M) r•a��,,�aa,®a, 5 3916'15' W 276.32' (L) ,,_ cork M�ALr, EDGE ^F—' PAVE'.1cflT t.9' "ONC 1rnLL as®usav,asma, ®L'o®„®a.a ®,a_a,®umaaaa®u®taa� �'AUA��EH'f i0 a.D�W.tI.r' -- WETLAND TO BE IMPA CTED r_. O 10 ti 50 0 25 50 100 \ SCALE 1" = 50' . WETLAND LINE � TO BE IMPACTED '♦ REZONE TO MHDR AMEND FL U TO RM EX. ZONING : MHDR EX. LAND USE: RES. MED. PROPERTYLINE S 34'48'21"W 849.32' (M) 5 3448'39"W 849.29' (L) G F I 8-(1, r \.£DGE OF PAbEHEtJT .� ��BELAD CO UNTY _ROAD CHER ZONING: C FL U.- R/O/R aa, aaa a 94) ti `# ��SvIS, t PINELLAS COUNTY �O ZONING :RPD -7.5 FLU: RU I % T EDGE OF— PMEMEHT R Ci.Op R� R �N LM U' �� rnC' WALK Ur t A%E,%0J ;K OF 0.75' 'F:' CURk3 ' NC C0) M Op !- 1T�W � k ts C R U a vN o o� m V o 0 M v M N C CXQ d 0v-5 C �� ca va�nti Issue Date: 05/26/16 f � No. V Description !D 11/20/15 CITY COMMENTS [DONAL jl R 01/19/16 CITY COMMENTS ® '02/12/16 CITY COMMENTS R 05/26/16 F'aIRBAIRN P.E. #44971 A COPIES Of TN£SF PLANS ARE NOT VALID UNLESS_ SWFWMD - EMBOSSED WITN INf S/GNING fNG/NfER'S SEAL A R . WETLAND LINE � TO BE IMPACTED '♦ REZONE TO MHDR AMEND FL U TO RM EX. ZONING : MHDR EX. LAND USE: RES. MED. PROPERTYLINE S 34'48'21"W 849.32' (M) 5 3448'39"W 849.29' (L) G F I 8-(1, r \.£DGE OF PAbEHEtJT .� ��BELAD CO UNTY _ROAD CHER ZONING: C FL U.- R/O/R aa, aaa a 94) ti `# ��SvIS, t PINELLAS COUNTY �O ZONING :RPD -7.5 FLU: RU I % T EDGE OF— PMEMEHT R Ci.Op R� R �N LM U' �� rnC' WALK Ur t A%E,%0J ;K OF 0.75' 'F:' CURk3 ' NC C0) M Op !- 1T�W � k ts C R U a vN o o� m V o 0 M v M N C CXQ d 0v-5 C �� ca va�nti Project # 1433 Issue Date: 05/26/16 f � No. V Description !D 11/20/15 CITY COMMENTS [DONAL CITY COMMENTS 8 01/19/16 CITY COMMENTS ® '02/12/16 CITY COMMENTS B 05/26/16 F'aIRBAIRN P.E. #44971 A COPIES Of TN£SF PLANS ARE NOT VALID UNLESS_ SWFWMD - EMBOSSED WITN INf S/GNING fNG/NfER'S SEAL Project # 1433 Issue Date: 05/26/16 Revisions:' No. Date Description 10 11/20/15 CITY COMMENTS 12/16/15 CITY COMMENTS 8 01/19/16 CITY COMMENTS ® '02/12/16 CITY COMMENTS 6 05/26/16 SWFWMD A 10/26/16 SWFWMD 0 A W oz za � J J 0. IE ME CS W z� Z� O NW W� GC Q V W H Q 9 0 W�0 W CC ILL CC UW H Z � 0' Z " Oct W 0 N J c rNarthside Legal Description: A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida; thence N00°34'41 "W, along the West line of said Southwest 1 /4 of the Northwest 1 /4 of Section 6 (being the basis of bearings for this legal description), for 1347,52 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89°55'41 "E, along the North line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Right—of—Way line of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Commission Minute Book 5, page 60, of the Public Records of Pinellas County, Florida, for 413.77 feet to the POINT OF BEGINNING; thence continue N89°55'41 "E, along said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, same being said South Right—of—Way line of Montclair Road, according to Board of County Commission Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, of the Public Records of Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, S00°27'47"W, for 16.88 feet to the point of intersection with a non—tangent curve, concave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N00°27'48"E, having a radius of 210.00 feet, a central angle of 30"45'41", an arc length of 112.75 feet, and a chord bearing S74009'22"E for 111.40 feet to the point of tangent; (3) thence S58°46'31 "E, for 92.56 feet; thence leaving said Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, S1105856"E, along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4715, page 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersection with the Westerly Right—of—Way line of Belcher Road (County Road 94) according to said Official Records Book 4609, page 203; thence S34°48'39"W, along said Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6) courses along the Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 8312, page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39°1 6'1 5"W, for 276.32 feet; (2) thence S34°48'34"W, for 81.44 feet; (3) thence N55°11'26"W, for 27.00 feet; (4) thence S34048'34"W, for 80.00 feet; (5) thence S55°11'26"E, for 27.00 feet; (6) thence S34°48'34"W, for 129.62 feet to the point of intersection with the Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to said Official Records Book 8312, page 1478; thence S70° 1 6' 12"W, along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, for 53.95 feet to the point of intersection with a non—tangent curve, concave Northerly; thence Westerly along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) -according to Official Records Book 8312, page 1478, along the arc of said curve, from a radial bearing of S00°08'56"E, having a radius of 34,120.10 feet, a central angle of 00°06'50", an arc length of 67,80 feet, and a chord bearing S89054'28"W for 67.80 feet to the point of intersection with a non—tangent line; thence leaving said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50°10'18"E, for 35.77 feet; thence N55°37'03"E, for 34.61 feet; thence N44°39'02"E, for 27.73 feet; thence N70°38'26"E, for 35.22 feet; thence S65°03'37"E, for 17.00 feet; thence N58038'47"E, for 24.23 feet; thence N41°52'55"E, for 45.45 feet; thence S55011'27"E, for 2,64 feet; thence N34048'34"E, for 14.46 feet; thence N55011'26"W, for 27.00 feet; thence N34°48'34"E, for 90.00 feet; thence NO3003'00"W, for 36.68 feet; thence N25°31'10"W, for 119.04 feet; thence N34°51'01 "W, for 207.11 feet; thence N 29°18'08"W, for 86.82 feet; thence N47036'09"E, for 130,01 feet; thence N15°28'18"E, for 217.95 feet; thence NO3016'38"E, for 223.16 feet; thence N16°25'32"W, for 46,91 feet; thence N00°00'00"E, for 109.72 feet to the POINT OF BEGINNING. CV N ` N 'a L-14 L-6 ■1■■ro ■ .......moi.... ■■� ■ ■ LEGEND PROPERTY LINE WE TLAND LINE REZONE TO MHDR AMEND LAND USE TO' RES. MED. EKLONING. P PROPOSED.- MHDR EX LAND USE.. P ,PROPOSED RES. MED. /SEE ATTACHED FOR LEGAL DESCRIPTION) L-18 ■�■ ■ mtmmm�i Ut A 5 34046'39"W 81.45' r(;M) W 81.44' i +Lm%■ E t.U4k� PAVEMENT RACK C 2' FCC EX WETLAND TO REMAIN (SWIA) 5 391646"W 276.29' (M) a;amens�. 5 39016'15"x/ 276.32' (L) COQ m■aa:1®aaNO asawnq■=04aa EC�Gk` GF man rawaftgrmr■ir■s■aa�r■smarta®mm®m - ,-.U,�,�rJFiif 7(1 �IDFS.'rtLl �- WETLAND TO BE IMPACTED WETLAND & PROPERTYLINE ZONING: MHDR FLU: RA4r `r • J 50 0 25 50 100 SCALE III = 50' . WETLAND LINE TO BE IMPACTED EX ZONING: P, DDI -)DOSED: MHDR EX LAND USE : P , PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DES CR,(PTION) AREA = 15957 S.F. , 0.37 ACRES. (SW -Q,, (SEE PARCEL i s[tETc[-[ & DEscr.iPTioN n,r"rACttED) REZONE TO MHDR AMEND FL U TO RM EX. ZONING : MHDR EX. LAND USE : RES. MED. PROPERTY LINE mrm®ammommarmm®mm�mmmmm:.mmsozmmmmmmmmmmmrm�amm®m 0: 5 34048'21"W 849.32' (M) 5 34048'39"W 849.29' (L) mm■mmmmooaa-moammrmmmrr®amm:mamm OF PA'VEM-PIT BEL CIIER R OAD 0 UNTY R OAD 94 ZONING: C FLU.- R/O/R PINELLAS COUNTY `r ZONING: RPD- 7.5 _FL U:RU R ti . �o OT r � R R v BACK 0 2' F LG EDGE OF - PAVEMENT ! r. Ln V' L71MM u/�/l� OD O 0 C W �gg mM 4 ' %D Y NN pLT, . O m�r-7m7 �L [}GE: OF F'yt'vL\•IErd ODIC -E3AGK OF0.75' 'c' CURD apt 3 i 'fid t ,.._,a. ' � 1 �. � �� - � �%` • � � DONALD B.' F IRBAIRN P.E. #44971 COPIES OF THEST PLANS ARE NOT VALID UNLESS EMBOSSED WITNI THE SIGNING ENGINEERS SEAL Project # 1433 Issue Date: 05/26/16 Revisions:. No. Date Description 10 1 1 /20/ 15 CITY COMMENTS 12/16/15 CITY COMMENTS 01 /19/16 CITY COMMENTS ® 02/12/16 CITY COMMENTS 5A 05/26/16 SWFWMD A 10 2C/16 SWFWMD 0 / 0 / Northside 00 Legal Description: A parcel of land being a portion of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida, being more particularly described as follows: Commence at the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 6, Township 29 South, Range 16 East, Pinellas County, Florida; thence N00°34'41 "W, along the West line of said Southwest 1/4 of the Northwest 1/4 of Section 6 (being the basis of bearings for this legal description), for 1347.52 feet to the Northwest corner of said Southwest 1/4 of the Northwest 1/4 of Section 6; thence N89°55'41 "E, along the North line of said Southwest 1/4 of the Northwest 1/4 of Section 6, same being the South Right—of—Way line of Montclair Road (formerly Sunset Point Coachman Road) according to Board of County Commission Minute Book 5, page 60, of the Public Records of Pinellas County, Florida, for 413.77 feet to the POINT OF BEGINNING; thence continue N89055'41 "E, along said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, same being said South Right—of—Way line of Montclair Road, according to Board of County Commission Minute Book 5, page 60, for 600.78 feet; thence the following three (3) courses along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, of the Public Records of Pinellas County, Florida; (1) thence leaving said North line of the Southwest 1/4 of the Northwest 1/4 of Section 6, SOO"27'47"W, for 16.88 feet to the point of intersection with a non—tangent curve, concave Southerly; (2) thence Easterly along the arc of said curve, from a radial bearing of N00027'48"E, having a radius of 210.00 feet, a central angle of 30045'41", an arc length of 112.75 feet, and a chord bearing 574°09'22"E for 111.40 feet to the point of tangent; (3) thence S58°46'31 "E, for 92.56 feet;. thence leaving said Southerly Right—of—Way line of Montclair Road according the Official Records Book 4609, page 203, S11058'56"E, along the Southerly Right—of—Way line of Montclair Road according the Official Records Book 4715, page 2002, of the Public Records of Pinellas County, Florida, for 15.06 feet to the point of intersection with the Westerly Right—of—Way line of Belcher Road (County Road 94) according to said Official Records Book 4609, page 203; thence S34048'39"W, along said Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 4609, page 203, for 849.29 feet; thence the following six (6) courses along the Westerly Right—of—Way line of Belcher Road (County Road 94) according to Official Records Book 8312, page 1478, of the Public Records of Pinellas County, Florida; (1) thence S39°16'15"W, for 276.32 feet; (2) thence S34°48'34"W, for 81.44 feet; (3) thence N55011'26"W, for 27.00 feet; (4) thence S34°48'34"W, for 80.00 feet; (5). thence S550 1 1'26"E, for 27.00 feet; (6) thence S34048'34"W, for 129.62 feet to the point of intersection with the Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to said Official Records Book 8312, page 1478; thence S70016'12"W, along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, for 53.95 feet to the point of intersection with a non—tangent curve, concave Northerly; thence Westerly along said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, along the arc of said curve, from a radial bearing of S00°08'56"E, having a radius of 34,120.10 feet, a central angle of 00°06'50", an arc length of 67.80 feet, and a chord bearing S89054'28"W for 67.80 feet to the point of intersection with a non—tangent line; thence leaving said Northerly Right—of—Way line of Sunset Point Road (State Road S-588) according to Official Records Book 8312, page 1478, N50010'18"E, for 35.77 feet; thence N55°37'03"E, for 34.61 feet; thence N44°39'02"E, for 27.73 feet; thence N70°3826"E, for 35.22 feet; thence S65003'37"E, for 17.00 feet; thence N58038'47"E, for 24.23 feet; thence N41052'55"E, for 45.45 feet; thence S55°11'27"E, for 2.64 feet; thence N34°4834"E, for 14.46 feet; thence N55011'26"W, for 27.00 feet; thence N34048'34"E, for 90.00 feet; thence NO3°03'00"W, for 36.68 feet; thence N25°31'10"W, for 119.04 feet; thence N34°51'01 "W, for 207.11 feet; thence N 29018'08"W, for 86.82 feet; thence N47036'09"E, for 130.01 feet; thence N15028'18"E, for 217.95 feet; thence NO3°16'38"E, for 223.16 feet; thence N16°25'32"W, for 46.91 feet; thence N00°00'00"E, for 109.72 feet to the POINT OF BEGINNING. LEGEND PROPERTYLINE WETLAND LINE REZONE TO MHDR AMEND LAND USE TO RES. MSD. EX. ZONING: PPROPOSED : MHDR EX. LAND USE.. P ,PROPOSED RES. MED. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA = 15,62 5 S. F. , 0.35 ACRES. (SW—B) (SEE PARCEL 2 SKETCH & DESCRIPTION ATTACHED) _ ZONING : P FLU P L-1 p e.9 • s. N f..r.. L-18 .l..f■ �� r. 0L-14 -1 Ln r -IF, w S 3446'39"W 81.;45' (M) 7 L-6 s `" -1M'34"W 81.;44' L :�✓ ■ irl1. ��0 feson-on �am-a-��!- OF 0.75' CURB EDGE OF PFlfF WW MACK Or arc PROPERTYLINE ■ ■..rl..rl� ■...� W-WA.40 WETLAND LINE 400 0000,0 i 6 N 0 co t ®a 3 /U aaaa %, T ti 0 WETLAND LINE .WETLAND LINE TO BE IMPACTED �►`�`: �•\'\ EX. ZONING.• P , PRO�'OSED : MHDR — WETLAND TO BE IMPACTED EX. PROPOSED RES. MED. LAND USE: P. (SEE ATTACHED FOR LEGAL DESCRIPTION) AREA = 15957 SF. ,.0.37ACRES. (SWT Q (SEE PARCEL 1 SKETCH & DESCRIPTION ATTACHED) REZONE TO MHDR AMEND FL U TO RM EX. WETLAND TO REMAIN (SWIA) S 39°16'46"W 276.29' (M) S 3916'15"w 276.-32'PROPERTYLINE �'1 q- 4014-#-# �_F■ F'a;�,,�Fry7 !.9' CONC WALL � t,1F "vtiQ,1Af`FN7 TU SlQE''l�AL !t ' /-EDGE OF PA\iEMENT 1: a BACK OF 2.35'./ C&G BEL R D. ZONING: C FL U.- RIOIR 50 0 25 50 100 SCALE 1" = 50' PINELLAS COUNTY ZONING: RPD— 7.5 �R FLU: RU �R Cr C) ��lSss• ��i! A�VIr R �R R R R Kn �R {�1A, �R (n cn I co 00 rn� mm � NN �O 5 34048'21"W 849.32' (M) S 34048'39"W 849.29' (L) ^ �✓ ut11000,of-MMOVrt�-ti-� ttWWWta a o e w® -s 2001 - " ®s -t a-f- CONC WALK .r BACK OF -,"EDGE CIF -1 EDGE OF PAVEIMENT !? ": YK OF 0 75' 'E' CSURB SACK OF 2.M'-/ CUNC CONC PAC;I' rT 0715` 'F' CuRr." EDGE r+; P +:f a:_NT OUNTYROAD 94) k. Y REZ20 1 -08005 : Montclair Lake Towhhomes, LLC Zoning: Medium High Density `Atla�.ss #: 254E Project # 1433 Issue Date: 05/26/16 x' No. Date Description 10 Jw %: 0 12/16/15 CITY COMMENTS Yj �i'. ® 02/12/16 CITY COMMENTS zL vl, -, ;� a 10 26/16 SWFWMD O 0 DONALD B FAIIRBAIRN P.E. #44971 COPIES OF THESE PKANS ARE NOT VALID UNLESS EMBOSSED WITH THEE SIGNING ENGINEER'S SEAL n Project # 1433 Issue Date: 05/26/16 Revisions: No. Date Description 10 1 1 /20/15 CITY COMMENTS 0 12/16/15 CITY COMMENTS 01/19/16 CITY COMMENTS ® 02/12/16 CITY COMMENTS zL 05/26/16 SWFWMD 10 26/16 SWFWMD O 0 Northside